USA > Michigan > Bay County > History of Bay County, Michigan, and representative citizens > Part 77
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In 1874, Mr. Tobias entered the fire depart- ment and for 12 years held the position of cap- tain in the Second Ward. He gave 18 years of service to the department and laid out many of the plans which have made this branch of the city's work notably effective. In 1882, in part- nership with W. F. Miller, he purchased a livery business on Saginaw street. A short time after, he purchased Mr. Miller's interest and continued alone in the business until 1883.
Politically, a strong Republican, he has ex- erted much influence in his part of the city and has filled a number of civic positions. In 1882 he was elected constable of the Second Ward. He served two terms as supervisor of the Fifth Ward, and has been a member of the Board of Education for 12 years. In 1898 he entered the government service, being appointed United States deputy marshal by United States Mar- shal W. R. Bates, of Detroit. He has a large territory to cover, including 29 counties in the eastern part of Michigan. He is a man well- qualified for this responsible position.
In 1877, Mr. Tobias was married to Eliza- beth A. Sears, and they have two daughters : Edith M., who married Charles A. Russell and has two children,-Lee and Effa Elizabeth ; and Effa, who is a student in the Bay City High School, of which her sister is a graduate. The handsome home of Mr. Tobias and family is situated at No. 400 Howard street, and is one noted for its hospitality. Our subject belongs to the leading fraternal societies, in which his genial personality makes him a favorite com- rade. He is one of Bay City's self-made men and commands the respect of his fellow-citizens and enjoys the esteem of hosts of friends all over the State.
C HOMAS FRANK MARSTON, one of Bay City's successful business men, treasurer and business manager of the Bay City Sanitary Milk Com- pany, Ltd., was born in Bay City, Michigan, March 15, 1869, and is a son of the late Hon. Isaac Marston, a member of the Supreme Court bench of Michigan from 1875 to 1883, the year of his resignation from the bench, and also for a long term of years one of the leading members of the Bay County bar. His sketch may be found elsewhere in this work.
Mr. Marston was reared in Bay City and attended school here, later taking a course in mechanical engineering at the Michigan Agri- cultural College and the University of Michi- gan and in agriculture at the University of Wisconsin. He then returned to his father's farm and still continues to operate it on ap- proved scientific principles.
The Bay City Sanitary Milk Company, Ltd., was organized in May, 1902, by Oscar F. Meiselbach, William Cuthbert and Thomas F. Marston. The officers were Oscar F.
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Meiselbach, chairman; William Cuthbert, sec- retary; and Thomas Frank Marston, treasurer and business manager. Mr. Cuthbert has since withdrawn and operates a milk business inde- pendently. This company not only controls a large portion of the city milk trade, running five wagons and handling, both wholesale and retail, 375,000 pounds of milk a month, but also manufactures ice cream and other by- products. Employment is given to 10 work- men. The industry is on the increase, the com- pany's products making an enlarged area of demand wherever they are known. The com- pany has clean, sanitary quarters and every de- vice and precaution is taken to make their products just what they are represented to be. Much of the success that has attended this laud- able industry is undoubtedly due to the busi- ness management and commercial integrity of Mr. Marston and Mr. Meiselbach.
Mr. Marston has a pleasant home in Bay City, and has a family of four children : Helen, Sheldon, Frances Marian and Thomas Frank, Jr., The family attend the Presbyterian Church.
Mr. Marston served six years on the State Board of Agriculture, by appointment from Governor Hazen S. Pingree, and was president of the board the last two years. In 1905 he was again appointed a member of this board.
OHN C. ARNOLD, one of the well- known ctizens and first class farmers of Frankenlust township, owning a well-improved farm of over 100 acres in sections 6, 7 and 8, township 13. range 5, was born in Frankenlust township, October 25. 1857, and is a son of Michael and Mary Bar- bara (Appold) Arnold.
The parents of Mr. Arnold were born at Baiern, Germany. the father in 1827, and the mother in 1830. The former died in Franken-
lust township, aged 42 years, and the mother, in 1895, aged 65 years. They had these chil- dren : John, of Frankenlust township: George, of Saginaw County; John C., of this sketch; Michael, of Saginaw County : John George, of Saginaw County ; and Martin, of Saginaw.
Mr. Arnold was reared on his father's farm and obtained his education in the local schools. His life has been devoted mainly to farming, although in young manhood he worked for a time in the sawmills. His father came to Bay County in 1852, after completing his term of service in the German Army, and took up the present farm of our subject from the govern- ment. It was all wild, uncultivated land at that time, but now is one of the best farms in the township. The early death of the father threw much responsibility upon his sons. Our subject did a great deal of the clearing and has erected all of the fine modern buildings, which make such an attractive appearance. In 1900 the handsome residence was completed and other improvements have been added, making a home of much comfort and one that is very presentable.
On May 6, 1881, Mr. Arnold was married to Margaret Kuch, who was born in Franken- lust township, August 6, 1859, and is a daugh- ter of John and Anna Barbara (Ziegler) Kuch, who came from Germany among the very first settlers and established a home here in 1846, where the father died aged 85 years and the mother, aged 73 years. They were highly re- spected people, worthy members of the German Lutheran Church. Mr. and Mrs. Arnold also belong to this church and he is extending a liberal, helping hand in the erection of the new church edifice. Politically he is a Repub- lican. Mr. and Mrs. Arnold have two chil- dren : George, born March II, 1882, and Mary Katherina Barbara, born June 15, 1884, both of whom live at home.
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D ELL H. THOMPSON, a promising young attorney-at-law, of Bay City, was born in Bay City, July 2, 1877. He is a son of Joseph and Helen E. (Babcock) Thompson, and a grandson of John Thompson.
John Thompson came from Canada and lo- cated in Michigan in the "forties." He served a full term in the Union Army during the Civil War. He was in General Custer's command and participated in Sherman's "March to the Sea."
Joseph Thompson, who came to Bay County in the "fifties," died in 1892 at the age of 45 years. He had three brothers who served their country in the Civil War. The only one of John Thompson's sons now living is a resident of Duluth, Minnesota.
Dell H. Thompson's mother is a native of Washtenaw County, Michigan. She is now living in Bay City and is about 56 years old. Her ancestors were soldiers in the Revolution- ary War. She had three sons, two of whom died in infancy.
The subject of this sketch was reared and schooled in Bay City. He attended the Uni- versity of Michigan, where he was graduated from the law department in 1902. He has since acquired a good general practice in Bay City. His offices are at No. 217 Fifth avenue.
Politically, Mr. Thompson is a Republican. His religious views are in accordance with the doctrines of the Presbyterian Church. He be- longs to the Delta Chi college fraternity.
OHN H. EMERY, manager of the house of John H. Emery & Company, leading retail dealers in coal and wood in West Bay City, Michigan, was born July 6, 1865, at Girard, Erie County, Pennsyl- vania, and is a son of John and Sophronia J. (Kirkland) Emery.
The Emery family is of English extraction and many generations were born and reared in the neighborhood of Red Line Square, Lon- don. It has always been a musical family and a number of its members have been connected with the orchestras of prominent London theatres. The name of John has appeared in every generation as far back as can be traced. The first of the family to cross the Atlantic was our subject's grandfather, John Emery, who was born in London and emigrated to Prescott, Ontario, where he operated a general store and was identified with musical circles. He married Ann Barrett, born in England, but a resident of Prescott, and died when his son John was small.
John Emery, father of our subject, was born at Prescott, Ontario, March 3, 1839, but was reared mainly at Ogdensburg, New York. There he learned the trade of millwright which he has followed more or less ever since. He resided in a number of places as his work de- manded and was residing at Girard, Pennsyl- vania, when our subject was born. He then moved to Grand Rapids, Michigan, and three years later, about 1880, came to Bay City, which has been his home ever since although his work takes him all over the country. He has erected many mills in different sections. He married first Sophronia J. Kirkland, a daugh- ter of David Kirkland of Girard, Pennsylvania, and three of their six children survive, viz: John H., of this sketch; Edwin R .; and Belle, wife of Walter C. Foote, of Pittsburg, Penn- sylvania. For his second wife Mr. Emery married Alice Green, of Bay City, and they have two children : Kitty Faye and Lottie Lee. Both Mr. and Mrs. Emery are members of the Central Methodist Episcopal Church of Bay City, in which Mr. Emery is a steward.
Our subject was yet small when his parents settled at Grand Rapids and there he attended
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school. After the death of his mother, the family removed to Bay City. When about 16 years of age he commenced sailing on the Great Lakes, beginning in a humble position and working his way up until lte became cap- tain of both sailing vessels and steamships. In 1891 he left the water and started into a coal business alone, but later associated with him Capt. Peter C. Smith, under the firm name of J. H. Emery & Company. They handle coal, wood and builders' supplies, their office and yard being located on East Midland street, cor- ner of Williams, on the West Side. Mr. Emery is also the patentee and manufacturer of the "Emery Cement Brick Machine," an invention which promises to revolutionize the manufac- ture of brick. It is simply constructed but an- swers every purpose.
Mr. Emery married Catherine Herrick, who is a daughter of John Herrick of West Bay City and they have one son, Herrick. The family attend the Presbyterian Church.
Mr. Emery's fraternal connections are with Wenona Lodge, No. 221, I. O. O. F., and the Modern Woodmen of America. He is recog- nized as one of the progressive and enterpris- ing business men of the city. He owes noth- ing to luck or circumstances, having made his own way in the world and accomplished much through his energy and native ability.
ON. ISAAC MARSTON, late asso- ciate justice of the Supreme Court of Michigan and an able and forceful member of the bar, achieved prom- inence and a State wide reputation as a jurist. He was born in County Armagh, Ireland, Jan- uary 3, 1839, and died October 31, 1891, at Bay City, where his legal career had really commenced 29 years before. For much of the
characterization that we are enabled to give in this brief sketch, we are indebted to an article published in The Inlander, the official organ of the University of Michigan, that was written by Hon. Thomas M. Cooley, who was asso- ciated with Judge Marston on the bench of the Supreme Court.
With the utmost propriety may we refer to Judge Marston as a self-made man and in do- ing so use the term in the strictest sense to which usage commonly limits it. He had the benefits of no such adventitious aids as inher- ited wealth, influential connections or friends, or fortunate accidental circumstances ; he laid the foundations of his fortune in his own per- sonal diligence and built upon these, relying for success entirely upon most vigorous and judicious use of the advantages which in the State of his residence are offered with an equal liberality to every member of society.
Judge Marston's father, Thomas Marston, was born in England, but removed to Ireland, where he was married and resided the re- mainder of his life. He owned a small estate upon the income of which he lived, but his means were so restricted that from the first it was certain that Isaac could look to him for only the most meager assistance. While at his death Thomas Marston did not leave a large estate, our subject's mother sent her son $1,200 after his marriage. Mrs. Marston, whose maiden name was Amelia Purdy, died about 1898, aged 96 years.
At the age of 13, Isaac Marston was ap- prenticed to a grocer with whom he remained for three years, but the prospect of such a start in life was not flattering, for it was hard work from the outset and the future could scarcely promise more than a scanty subsistance. With a view to bettering his circumstances, he came to America and made his way to Michigan, making his home with an uncle at Southfield,
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Oakland County, Andrew Muldragh by name. In order to find immediate means of support, he farmed with his uncle and cousins and with neighbors, attending school during the winter sessions, until he reached the age of 20 years. By this time he had determined in his own mind that he should take up the law as his life work.
When the law department of the University of Michigan was organized in 1859, young Marston went to Ann Arbor that he might have the benefit of the advantages the law school was expected to afford. To the resident pro- fessor, when he introduced himself, he frankly stated that his means were extremely limited, giving this as the reason for the seeking of em- ployment during his attendance at the school, whereby he might help the defraying of his necessary expenses. He endeared himself to all the instructors, who saw that while his ed- ucational advantages had been limited, he was fully determined to overcome them. He quickly showed himself to be industrious, with a quick and accurate grasp of legal principles. With his fellow-students he was always a fav- orite, for he was of a cheerful and bouyant dis- position and as companionable as he was atten- tive to his studies. Upon taking his diploma in 1861, Mr. Marston went to the little village of Alma, Gratiot County, Michigan, where he opened an office, but accidentally fire soon de- stroyed this office and his few books. He re- moved to Ithaca, in the same county, but did not find there the promising location that he had expected. Altogether he practiced in Gra- tiot County for over one year.
In the summer of 1862 Mr. Marston came to Bay City, and after practicing alone for a short time, formed a partnership with Herschel H. Hatch, under the firm name of Marston & Hatch. This was a fortunate move for him, as the town was a growing place, with a con- siderable and increasing business, and his part-
ner a man of ability and well read in the law. The firm was not long in laying the foundations, and retainers soon came to them from consid- erable distances. Their regular legal business was not, however, so exacting as to preclude Mr. Marston from acting for a time as justice of the peace. For one session he served as a Representative in the State Legislature and for one term held the office of prosecuting attorney of Bay County. He also filled, by appoint- ment from Governor Bagley, a vacancy that oc- curred in the office of Attorney-General of the State. A few years after the original firm of Marston & Hatch was formed, Edgar A. Cooley became a partner and the firm name was changed to Marston, Hatch & Cooley.
When Judge Christiancy left the Supreme Court in 1875 to take his place in the United States Senate, Mr. Marston was nominated by the Republicans and elected to the vacant place that he first filled for a short time by appoint- ment from the Governor. To obtain the nom- ination no considerable canvass was made by his friends on his behalf; the office seemed to come to him naturally as a recognition of his professional prominence in his section of the State, which was then unrepresented on the bench. His own sterling qualities brought him the office. His associates when he took his seat were James V. Campbell, Benjamin F. Graves and Thomas M. Cooley. Two of these had been his preceptors at Ann Arbor and all of them knew him well as a lawyer and were well pleased with his selection. They knew that they were to expect in him an industrious and painstaking associate and that the manner in which he would discharge his judicial duties would be alike honorable to himself and useful to the public. Coming to the judicial office, Judge Marston brought as part of his endow- ment two qualities always indispensable if the best results are to be looked for; the first, a
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sterling integrity, and the second a judicial temperament. Quoting the words of Judge Cooley : "Judge Marston was a party man al- ways, but the judicial office had come to him wholly free from any improper obligation, real or suspected, and no opponent feared or no supporter could hope for partial rulings. He had strong views of the relationship of the law to public morals but in so far as he was now to deal with them judicially he knew very well that he was to do so under rules which the usages of his race embodied in the common law or the voice of the Legislature, speaking by its statutes, had prescribed for him; and no partialities or. preposessions could incline him to such usurpation of judicial power as is always present when the law is given an effect which is not within its true meaning. But, while he would not attempt the impossible task of giving support to public morality by false opinions, he did not fail at all times and under all circumstances to give such example, in his own official conduct, of sturdy uprightness and integrity as would, in its influence upon public morality, be of the very highest value. The legal opinions of Judge Marston are notable for brevity and clearness, and for an evident pur- pose to make them express the exact idea he had in mind." His duties on the bench were discharged to the public's entire satisfaction and he was elected for the second time by popular vote. He did not fill out his term of office, re- signing in 1883 because of a fear that the state of his health was becoming precarious and a feeling that he ought, in justice to his family, to go back to the bar in order that he might be able to make for them a better provision than the compensation made to him by the State would render possible.
Upon leaving the bench, Judge Marston re- moved to Detroit and resumed practice at the
bar, which soon became large and remunera- tive. It soon became evident, however, that the seeds of pulmonary disease were in his sys- tem; necessarily his practice was embarrassed by this state of affairs, and it was not long before it was seen that it must be given up. With the utmost courage and cheerfulness he struggled against surrender until 1890, when he returned to Bay City and took up his resi- dence upon a farm nearby, in the hope that ag- ricultural pursuits might be less exacting in their demands upon his remaining strength. The end approached steadily but surely, and cheerfully to the last he met the final summons. He left behind him many dear friends who will never cease, as long as life lasts, to cherish with affection and respect the recollection of his sterling sense and strong manly qualities.
On May 1, 1862, the subject of this sketch married Emily Sullivan, daughter of Adam D. Sullivan, of Southfield, Oakland County. Mrs. Marston who is an esteemed resi- cent of Bay City, was born May 17, 1843. Her great-grandfather on her father's mother's side was Peter Lowe. He re- moved from Newburgh, New York, to Oak- land County, Michigan, in 1830. He drew a pension for his services in the Revolutionary War. Adam D. Sullivan was a son of Cor- nelius and Elizabeth (Lowe) Sullivan. Be- cause of the death of his parents when he was young in years, he lived with his grandparents Lowe, by whom he was reared. Of the five children born to Judge and Mrs. Marston, four grew to maturity, namely: Amelia, wife of James B. Shearer, of Bay City ; Thomas Frank, of Bay City, a sketch of whom appears else- where in this work; George Arthur, an attor- ney-at-law of Detroit; and Charles Isaac, of Detroit. About two years before his death, Judge Marston joined the Westminster Pres-
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byterian Church of Detroit, of which his wife was also a member. She is now a member of the First Presbyterian Church of Bay City.
0 CTAVE TURMELL, a substantial ag- riculturist of Fraser township, whose farm is located in section 5, was born in the Province of Quebec, Canada, in 1842, and is a son of Francis and Maggie (Fecto) Turmell, who were natives of Quebec, and were engaged in farming.
Francis Turmell and his wife came from Quebec to Bay City in 1880, and subsequently bought a farm in Williams township, near Au- burn. The father died in 1892 at Auburn at the age of 83 years. His wife died on the farm of her son, Octave, in 1903, when 90 years old.
Mr. Turmell bought his farm of 80 acres in section 5, Fraser township, in the spring of 1900. He is engaged in general farming and stock-raising.
The subject of this sketch has been three times married. His first wife was Virginia Labie, whom he married in Quebec, and who died in Canada, leaving one child,-Jeddie. His second wife was Mary Labie, who died in Bay City, Michigan, in 1885, leaving one child,- Edmund. For his third wife, Mr. Turmell married Rosetta Labie, a daughter of John and Susan (Turcott) Labie, natives of Quebec, who now live in Bay City.
From the third marriage seven children have resulted, namely : Valeta, born in December, 1886; Joseph, born in July, 1890; Rena, born in January, 1892; Fred, born in November, 1893 ; Leya, born in December, 1895; Deneige, born in October, 1897; and Ernest, born in Oc- tober, 1902. Politically, Mr. Turmell is a Democrat. He and his family are members of the Catholic Church.
6 EORGE B. HUBBELL, postmaster at Colden, Williams township, where he also operates a general store, is one of the well-known residents of the western part of the county. Mr. Hub- bell was born November 8, 1864, at Holly, Oakland County, Michigan, and is a son of Charles and Angeline ( Yorton) Hubbell.
The father of Mr. Hubbell was born in 1842 in Connecticut, and came to Michigan in 1861. Soon after he enlisted in Company F, Seventh Reg. Michigan Vol. Inf., as a private. He served under General McClellan in the Army of the Potomac and participated in all the battles of that memorable time, and was wounded at the battle of Antietam. After three years of service, during which period he was promoted for gallantry to the rank of cor- poral, he was honorably discharged in 1863. He is a valued member of Dwight May Post, No. 67, G. A. R. He is one of a family of seven children, the others being : Samuel W., of Unionville, a well-known politician of Tus- cola County, Michigan; John E., deceased April 20, 1904, who was engaged in a milling business at Cedro Wooley, Washington; Julia, who is the wife of N. Stewart, of Cairo, Mich- igan : Lucy, who is the wife of Morris Van Order, of Beaver Dam, New York; Sarah, de- ceased, who was the wife of George W. Brown, of Harrison, Clare County, Michigan; and Edward L., of West Bay City.
At Holly, Michigan on July 3, 1863, Charles Hubbell was united in marriage with Angeline Yorton, and six children were born to this union : George B., of this sketch; Nora (Mrs. James Lamay), of Midland, Michigan; Fayette, a farmer living near Midland: Myron, who died at Saginaw November 28, 1904, and was interred at Midland; Annie, wife of Fred Morden, of Merrill, Saginaw County; and Lena, a maiden of 15 years, residing with her
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parents at Midland. Charles Hubbell has been engaged in farming since the close of the Civil War, but recently retired to Midland, after selling his farm.
Our subject followed the milling trade with his uncle, John E. Hubbell, for 18 years and then bought 40 acres of land in Williams town- ship, which he operated as a farm for five years. After disposing of that he moved to the village of Colden, where he has since carried on a gen- eral store. He has always been active in local politics, but votes independently. On August 28, 1899 he was appointed postmaster of the village by the late President Mckinley, and was reappointed to the office on August 28, 1903, by President Roosevelt. Mr. Hubbell has proved himself a very satisfactory official and enjoys the respect of all who have public or private business with him. He is a member of the Maccabees.
On April 17, 1885, Mr. Hubbell was united in marriage to Rose Woltz, a daughter of Henry and Hannah (Wrenz) Woltz, natives of Germany, who came to America in 1844. Mr. Woltz died February 6, 1905, and Mrs. Woltz died when her daughter, Mrs. Hubbell, was but three years old. Mr. and Mrs. Hubbell have one child,-Lulu May, born July 3, 1897. They have a very pleasant home.
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