History of Bay County, Michigan, and representative citizens, Part 31

Author: Gansser, Augustus H., 1872-
Publication date: 1905
Publisher: Chicago : Richmond & Arnold
Number of Pages: 738

USA > Michigan > Bay County > History of Bay County, Michigan, and representative citizens > Part 31

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Hon. Andrew C. Maxwell, afterward cir- cuit judge from 1894 to 1900, was a contem- porary of the earliest comers to the lower end of the Saginaw Valley. A man of strong per- sonality, aggressive, able and not much given to the observance of nice distinctions, it was in- evitable that he should have had strong friends and bitter enemies. He died in Bay City in the year 1902.

Thomas C. Grier came to Bay City about 1860. Upon the creation of the 18th Judicial Circuit in 1871, he was elected on the Demo- cratic ticket as circuit judge. For many years

he had held a high position at the bar, and the choice of the Democrats was the choice of the community at large, no opponent being pre- sented. His death soon after assuming the er- mine deprived the community of a useful citi- zen, a good neighbor and a judge who gave promise of a career on the bench successful above the average.

He was succeeded upon the bench by Hon. Sanford M. Green, than whom few men have had greater influence in shaping Michigan's laws and system of practice. Compiler of the "Revised Statutes of 1846," judge of the Cir- cuit and Supreme courts under the old system in vogue before the adoption of the constitu- tion of 1850, a writer of standard text-books and an attorney of high standing at the bar, he brought to the service of the circuit a wealth of knowledge and experience far beyond that of the average jurist. He was reelected without opposition, and was allowed to retire only when advancing years brought an end to his labors. He died in 1903. He was followed to the grave by the affection and esteem of the bar of the entire State and the memory of his work will last as long as the bench and bar of Michi- gan endure.

Hon. George P. Cobb took up the practice of the law in Bay City in 1868. Industrious and careful, he quickly attained standing at the bar, was associated for many years with the late lamented Hon. Archibald McDonell, and finally in 1888 was elected, on an independent ticket, to the circuit bench. His careful, kindly nature made practice before him a pleasure and he retired from the bench with the esteem of all in 1894. He is still engaged in active practice in Bay City.

Few men have been called to the bench under such trying circumstances as was Hon. Theodore F. Shepard in 1900. The declining years of his predecessor's incumbency had re-

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sulted in a serious disarrangement of the rou- tine work of the court and the situation called for a man of character and ability above the average. Judge Shepard may well be content to be judged by the record of his incumbency. Possessing the confidence and respect of the bar, he quickly restored order, system and dignity to the court proceedings and his fairness, pa- tience and manifest intention that each litigant should have a "square deal" has made his record on the bench one which his successors may well emulate. His elevation to the bench followed a long and successful career as prac- titioner, including service as prosecuting attor- ney of Bay County and as United States dis- trict attorney. He will retire from the bench in 1905, to be followed by Hon. Chester L. Collins. The last named gentleman is at the present time one of the oldest in point of prac- tice now at the Bay County bar, and it is per- haps enough to say of his character and stand- ing in the community that he had the support of the entire bar in his contest for the judge- ship.

In glancing down the long list of names of attorneys, which have appeared at different times upon the roll of the bar of Bay County, one is struck by the number that have become household words throughout the State and some of which have achieved even national prominence. Men of such standing as the late Hon. Isaac Marston, justice of the Supreme Court and Attorney General; Hon. Thomas A. E. Weadock and Hon. Herschel H. Hatch, both now members of the Detroit bar and both ex-members of Congress from the Tenth Congressional District; Hon. Robert J. Kelley, recently judge of the Al- pena circuit and now member of the Battle Creek bar, besides many others to whose records the limits of this article will not per- mit doing full justice, deserve special mention.

With them may be classed the leaders of the bar in a day now long past, such men as Hon. Sidney T. Holmes, once judge of the New York Supreme Count, and for many years in ac- tive practice in Bay County, senior and founder of the firm of Holmes, Collins & Stoddard; Hon. Archibald McDonell, whose recent death was felt as a bereavement by the entire commu- nity; Hon. Luther Beckwith, Windsor Scho- field, Graeme Wilson and many another, whose name is now but a memory to the old and an inspiration to the young practitioners of to-day. The older generations were products of the times in which they lived, strong men of force- ful manner and address, men of affairs as well as scholars in the law, and their character is in- delibly impressed upon the profession which they adorned. Something of the nice theoreti- cal training of the schools may have been want- ing, manners and habits may have savored somewhat of the rough and ready times and community in which they lived, but their ster- ling characters, forceful personalities and devo- tion to the high ideals of their profession set a standard which will tax the energies of suc- ceeding generations of practitioners to main- tain.

It would be invidious to atempt to single out those members of the present bar whose careers and characters owe their success and standing to the fact that they builded upon the foundation so well laid by their forebears. The bar is at present able, active and well-organized. Since the early "seventies" a bar association has existed, which has been lately reorganized with the following officers: President, Edgar A. Cooley; vice-president. John C. Weadock ; secretary and treasurer, Frank S. Pratt. An annual banquet and standing active committees on grievances, etc., are notable features of the new organization.

In 1899 the Law Library was organized,

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which by gradual additions has accumulated several thousand volumes and is one of the best equipped in the State. While annual dues are exacted from members of the bar for its sup- port, it is at all times open free of charge to judges and public officials, and has proven of great value to the public as well as the profes- sion. The library is situated in the Shearer Block and has a librarian in constant attend- ance.

Among those now engaged in the active work of the bar whose wide and active practice has conferred a leadership might be mentioned : Edgar A. Cooley, for many years associated with the late Justice Marston and Hon. Her- schel H. Hatch, and now with John C. Hewitt, in corporation and general practice; John C. Weadock, now, as for 20 years past, associated with his brother, Hon. Thomas A. E. Wead- ock, under the firm name of T. A. E. & J. C. Weadock, and whose leadership extends to the community at large; Hezekiah M. Gillett and John E. Simonson who for over a quarter of a century have been associated in practice ; DeVere Hall, John L. Stoddard, M. L. Courtright, Lee E. Joslyn, Frank S. Pratt, U. R. Loranger, C. E. Pierce and John E. Kinnane, men of large practice and experience and well-known to the profession at large throughout the State; and Chester L. Collins, whose recent election to the office of circuit judge crowns a long career of useful and successful work in general practice.

Among the younger members, upon whose shoulders the burden of the work of the bar is falling, might be mentioned Edward E. An- neke and Lewis P. Coumans, for six years prosecuting attorney and assistant prosecuting attorney, respectively; Edward S. Clark, of Simonson, Gillett & Clark; James E. Duffy, until the death of Archibald McDonell, asso- ciated with the latter under the firm name of McDonell & Duffy; Samuel G. Houghton, the

first city attorney of Greater Bay City; Pearl M. Haller, Richard A. Mckay, Frank P. Mc- Cormick, Albert McClatchey, Horace Tupper, Jr., Brakie J. Orr, recently city attorney of Bay City for three terms and now prosecuting attorney ; Archibald H. McMillan, Delano H. Thompson, Luther G. Beckwith, Fred W. De- Foe, R. T. Waddle and James E. Brockway (member of the Legislature). Hon. Griffith H. Francis presides over the Probate Court, two ex-judges of which, Hon. Hamilton M. Wright and Hon. Thomas E. Webster, are still engaged in active practice in Bay City. James Donnelly has for many years added to his professional labors the burden of the duties of alderman of Bay City. James Van Kleeck, late State commander of the G. A. R., and Isaac A. Gilbert were for many years associated and both are now engaged in practice. Edward W. Porter and Joseph P. Haffey still keep up the firm of which the late Henry Lindner was the founder and head. George R. Fox and W. A. Collins are circuit court commissioners, and Robert L. King, now justice of the peace, has given a new and better tone to the practice in the lowest court. Lawrence McHugh, a stal- wart of the old school, completes a list, partial only, of the members of the present bar. To attempt to name all, and with justice to their lives and careers, is impossible within the limits of this article. Let it suffice to say that the work of the Bay County bar is known and ap- preciated throughout the State and ranks with the best.

The presence of the United States Court for the Northern Division of the Eastern District of Michigan calls the members frequently to meet in contest the best minds of the bars of this and the adjoining States in the battles of the forum, and in this our bar has never been found wanting. If the saying is true that the character and welfare of a community is largely

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determined by the character of its bench and of the men of the bar, who maintain, interpret and administer its laws, then may Bay County well be congratulated that its welfare and char- acter are in such safe hands and so well-estab- lished.

Courts .- The United States Court for the Northern Division of the Eastern District of Michigan is held in commodious court rooms in the Federal Building on the first Tuesdays in May and October. The following are officers of this court : Judge, H. H. Swan, of Detroit, salary $5,000; attorney, W. D. Gordon, of Midland, salary $4,000; clerk, W. S. Harsha, fees ; division clerk, Miss Davison, fees; mar- shal, W. R. Bates, salary $4,000; deputy mar- shal, Lucious W. Tobias, of Bay City; com- missioner, Mrs. Jennie Wright Jones, of Bay City.

The terms of the 18th Judicial Circuit Court begin in March, May, September and Decem- ber. The officers of the court are: Judge, Theodore F. Shepard; commissioners, George R. Fox and W. A. Collins; stenographer, A. M. Haynes; officer, Henry Cornell.

The officers of the Probate Court of Bay County are: Judge, Griffith H. Francis ; clerk, W. French Morgan.

Bay City has for many years had a Police Court, on a metropolitan plan, over which Wil- liam M. Kelley, once county clerk and ever a public-spirited citizen, has now presided for several terms. Since Greater Bay City became an established fact, this court also handles all minor cases from the West Side. Under Jus- tice Kelley's experienced eye, this court has long been a credit to the city. The annual re- port of our Police department indicates the mass of minor matters coming before this court and incidentally reflects all the weal and woe

of a 20th century city more plainly than pages of subject matter.

According to the annual report for 1904, there came before this court the following cases, in which comparisons with the previous year are shown : Of abusive language, 21 cases were recorded; eight less than in 1903. As- sault and battery aggregated 109 cases, a fall- ing off of 22 cases, as compared with the pre- vious year. Attempted rape was charged in 13 cases, a number larger than the total for similar charges during the 10 years preceding 1902. Cohabitating with a child under 16 years of age was the basis of arrest in five cases, the largest number for any one year in the history of the department. Only two cases of enticing girls into houses of ill fame were recorded. Disorderly persons, including va- grants, were arrested in 77 cases. Fifteen cases of burglary were recorded, an increase of II over the previous year. Drunkenness showed an increase of 76 cases over the previous year, 481 arrests being made. Ill treatment of chil- dren was the cause of nine arrests, an increase of three. Petit larceny, while common, 78 cases being recorded, was exceeded the previous year by 16 cases. Malicious injury to property was recorded in 25 cases ; the majority of offenders came from the ranks of the small boys, bent on mischief more than on crime. Nineteen children were brought in charged with truancy, and of juvenile disorderly, 10; of this number, four were sent to the Industrial School for Boys, and six to the Industrial Home for Girls. Non- support caused 17 arrests, exceeding but one over the previous year. Of violations of the bicycle ordinance, 91 cases were recorded; many being first offenses, very few fines were imposed. Sixteen arrests were made for viola- tions of various other city ordinances. The dif- ference in the number of lodges cared for is

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quite noticeable; there were 285 males and 15 females recorded, against 419 the year previous.

The following disposition of cases, coming before him in 1904, was made by the police justice :

The 1,260 arrests are thus classified : Males, I. 166-females, 94; white, 1,243-colored, 17; married, 436-single, 824; able to read and write, 1, 188-not able to read and write, 72. The arrests were classified by their nativity as follows: United States, 821; Canada, 178; Poland, 85; Ireland, 56; Germany, 36; Eng- land, 22; Russia, 19; Scotland, II ; Siberia, 8: Norway, 5; Sweden, 4; Australia, 3; Fin- land, Italy, Switzerland and Syria, 2 each; Bohemia, China, the Netherlands and New Foundland, I each.

Appealed to Circuit Court.

Bail forfeited.

Committed to County Jail. 164

Complaint withdrawn 27

Died in Hospital. I

Detroit House of Correction. 13

Discharged 129

Failed to appear

Gave bail 2

Held to Circuit Court. 47

Held to Probate Court.

Industrial Home for Girls, Adrian.

Industrial School for Boys, Lansing. 4

Ordered to leave city

Paid fine 123

Pending

Released by police.

Turned over to outside officers. 39

Taken to hospital. I

Sentence suspended. 612

Total 1260

The Medical Profession.

Build to-day, then strong and sure, With a firm and ample base ; And ascending and secure Shall to-morrow find its place. .

Thus alone can we attain To those turrets, where the eye Sees the world as one vast plain, And one boundless reach of sky. -Longfellow.

Time was, when the practice of medicine hardly rose to the dignity of a profession. The then practitioner, who was the best guesser, let out the most blood and had the largest assort- ment of recipes was a sort of magician and was never without patients. The discovery of im- portant scientific truths during the last century swept away many of the superstitions and pre- tentions of the practice and schools of medicine and elevated the profession to one of dignity and recognized honor in the realm. of enlightened civilization. The success that has attended the medical profession during the last half century

is due to the self-sacrifice and unselfish devo- tion of those who have chosen the saving of life and the alleviation of physical suffering as a life duty, and yet the measure of success has been far less in perhaps the generality of in- stances than the efforts of those engaged in the practice of medicine deserve.

War marks with a blare of trumpets the gallant act and decorates with emblems of a nation's esteem the hero who risks life for his country. The physician who saves life receives no such reward, but he is usually content with the gratitude of the patient and the conscious-

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ness of a duty well performed. Yet in war, as in peace, the doctor is an ever essential factor and risks his life and health in the camp, on the battle-field and in the hospitals of pain. He is a comforter of the sick and afflicted, as well as the hope of the hearts of the families of the sufferer, and if his fame is less pretentious it is none the less appreciated.

We find in the opening years of this 20th century no more honored profession that that of medicine. In its practice comparatively few, however, have been rewarded with rich returns, and there are many in this profession, who have not met with the same measure of success finan- cially that comes to those engaged in other business or professional pursuits.

This was particularly true of the first prac- titioners, regulars and volunteers, who sought to heal and to help ailing mankind in the wilds of Central Michigan. Jacob Graverot, the pict- uresque frontiersman of early times in this neck of the primeval forest, attained much of his fame and eminence among the Indians by his primitive but apparently effective treatment ment of the natives when ill or wounded. His limited knowledge of medicine, particularly the curative qualities of herbs and shrubs, made him a medicine man among the roaming Chip- pewas. The first settlers in these parts for years after his death, which occurred about 1839, heard the red men recount his miraculous cures of members of their tribes, long before another pale face medicine man visited the banks of the Saginaw.

Here, as elsewhere, the hardy pioneers, who first left the borders of civilization and wan dered into the little clearing where Bay City stands to-day, were like the conquerors of old, who burned their ships behind them, and risked everything, even health and life, in the un- known and isolated settlement. The bayous and swampy lowlands were veritable malaria

breeders, yet Judge Albert Miller in his me- moirs recalls the fact that the men and women who first came to these parts were a hardy race, and sickness was a rare occurrence. Home rem- edies, such as were found in every home in the land 70 years ago, were never missing from the crude shelves of the log cabins of the settlers. In extreme and rare cases, some practicing phy- sician would be brought from Saginaw, Flint and even Detroit.

Mrs. Elizabeth (Wilcox) Rogers, wife of Thomas Rogers and daughter of Dr. Wilcox, of Watertown, New York, who came here about 1837, was for years the "Good Samari- tan" of the pioneer settlement. Born Novem- ber 12, 1809, she spent much of her youth in the office of her father, and early learned to compound medicines and fill prescriptions. She was an ardent student of medicine, and when 18 years of age was often consulted by her father on various and difficult cases that oc- curred in his daily practice. After marrying Mr. Rogers, they came West by way of To- ronto, Canada. Judge Miller hired Mr. Rogers as blacksmith and millwright to assist in estab- lishing the first sawmill in what is now Bay City, and he filled a multiplicity of minor pub- lic positions during those early days. He was constable, then mail carrier between here and Saginaw, and justice of the peace for a number of years. Thus the husband tied the nuptial knot of the first couple married here,-Fred Derr and Miss Clark, the school teacher of the little settlement. And it was his good wife who was present when Elizabeth Barney, and later wife of A. G. Sinclair, was born in May, 1838, in the little log cabin, where the Maxwell Block stands to-day,-the first white daughter of Mr. and Mrs. Cromwell Barney, child born in Bay County. From that time forth until 1850, Mrs. Rogers was the minister- ing angel of the backwoods settlement. The.

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early settlers never forgot her many acts of benevolence and her womanly devotion to the sick and dying, in days that tried men's souls. At all hours of the day or night, through storm or snow, rain or shine, on foot or on horseback, she would hasten through the woods, infested with wild beasts, to the bedside of the sick or dying. There was scarcely a child born in the settlement for 20 years that she was not pres- ent, even after practicing physicians came to the growing lumber town. And all this she did because she felt it was a duty she owed her fellow-men, without remuneration, happy if her humble efforts relieved the suffering and cheered the dying. And during all these years she was raising a family of her own, four boys and three girls remaining with her, when Mr. Rogers was stricken with the cholera, dur- ing the epidemic in the summer of 1852, while cutting prairie hay a few miles south of his home. He was found by Orrin Kinney, and tenderly carried home in a blanket, but died in a very few hours de- spite all his devoted wife could do. Her daughters all married men of local promi- nence : Esther became Mrs. Riley M. Burring- ton : Bettie became Mrs. Charles B. Cottrell, and Ellen became the wife of the late Prof. Fred W. Lankenau, for years superintendent of the West Side schools. Mrs. Rogers of blessed memory died July 16, 1881. She lived to see the four families that were here when she first came, multiply and grow to a prosperous city of 20,000 souls.

Dr. J. T. Miller of Saginaw occasionally came down to the forlorn little settlement, while Dr. George E. Smith was the first practicing physician and registered pharmacist to lo- cate in Bay City. He graduated from the Cleveland Medical College, began practice here in 1850, owned the first drug store and was postmaster from 1853 to 1861.

In 1861 he turned his attention to the lumber industry, where he realized quicker returns, until 1878, when his health failed him, and he again took up the practice of medicine. He was a highly respected citizen. Dr. August Nabert, born January 10, 1828, in Brunswick, Germany, graduated from the medical college of his native city, sailed for three years on a whaling vessel in the South Seas, came here to practice in 1851, and himself fell a victim to the cholera epidemic of 1852. A widow and five children survived him, including August Nabert, now in the upholstering business on Fourth avenue. He, too, fell at the post of duty, in the service of humanity, yet no medal was struck in his honor, nor did a grateful com- munity enscribe his name on the tablets of fame!

The pioneer physicians had to undergo all the privations and hardships of the settlement. Dr. Smith, and the other practitioners who came prior to 1865, had to be as expert in a canoe as on horseback, and they had to know the Indian trails as well and better than the set- tlers, because, forsooth, the settler need know only his own vicinity, while the physician must know them all! It was nothing unusual for Dr. Smith to follow the "blazed" trail to Wiliams township, where the "C. C. C." of Mr. Chilson, and an irregular path through the dense forest, alone showed the way. In spring and fall it was not practical to travel this trail with a horse, which would flounder around helplessly in the quagmire, and a stout stick and huge rubber boots were the physician's only aids in reaching a rural patient during those seasons. Often these calls would come in the middle of the night, and a pine torch, and later a lantern, would be carried by the guide to the home of the sufferer. Whenever practicable, the omni- present bark canoe of the Indians would be called into requisition as the readiest mode of

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transportation to the patients along the Sagi- naw and Kawkawlin and their tributaries. Any one who has ever navigated one of these craft will appreciate the skill required to handle them, and the danger inseparable from trips along the bay shore to the Kawkawlin or Quan- nicassee in so frail a craft. Calls from Frank- enlust, Hampton and Portsmouth townships always meant a long trip over corduroy roads or no roads at all.

Since drug stores were scarce, it behooved the pioneer physician to carry a small sized pharmacy with him, and thus burdened he would have to ride a horse of sure foot but try- ing gait to the scattered cabins, where often dire want and privation were the effective aux- iliaries of disease and deatlı.

That fees were meagre and often paid in farm supplies rather than cash, is not surpris- ing under the circumstances. But ungrateful- ness and debt dodging were seldom heard of in this settlement. Dr. Elizabeth (Wilcox) Rog- ers declared all our first settlers to be "noble- hearted men and women, whom it would seem God had selected to make the beginning here, which otherwise would never have been done!" And the same pioneers adored her "because she was as brave as a lioness in the face of danger, and when her sympathies were called into action, she was as tender as a child !" This mutual high estimate of character speaks vol- umes for the integrity and kindness of heart of our pioneers.

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History of Bay County, Michigan, and representative citizens, Part 31

Author: Gansser, Augustus H., 1872- Publication date: 1905 Publisher: Chicago : Richmond & Arnold Number of Pages: 738

Author: Gansser, Augustus H., 1872-
Publication date: 1905
Publisher: Chicago : Richmond & Arnold
Number of Pages: 738