History of Bay County, Michigan, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 17

Author:
Publication date: 1883
Publisher: Chicago : H. R. Page
Number of Pages: 380

USA > Michigan > Bay County > History of Bay County, Michigan, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 17

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PROBATE COURT.

At the first election held in Bay County on the first Monday in June, 1857, Sydney S. Campbell was elected judge of probate. The first business transacted in his court was an application for the appointment of Michael Winterhalter as administrator of the estate of Frederick Wintermur, deceased. Mr. Campbell held the office until January 1, 1869, and was succeeded by Hon. H. H. Hatch, who served one term. Then followed J. W. McMath, John Hyde and Thomas E. Webster, the latter being the present incumbent.

BAY COUNTY BAR.

The first lawyers in Lower Saginaw were W. L. Sherman, C. H. Freeman, James Birney, Stephen Wright and James Fox.

W. L. SHERMAN was born in Rutland, Jefferson Co., N. Y., March 20, 1819; was admitted to the bar in 1837, and began the practice of law at Adams, N. Y. In 1854 he settled in Lower Sag-

inaw and was engaged in the practice of his profession until his death, which occurred June 30, 1865. He left a wife and two children, who still reside in Bay City.

CHESTER H. FREEMAN is the pioneer member of the Bay County bar, having begun practice in Lower Saginaw as early as 1855, be- fore Bay County was organized. Mr. Freeman was born in Williamstown, Oswego Co., N. Y., February 28, 1822. His father was an extensive farmer, and a practicing physician. The subject of this sketch spent his early years assisting upon the farm and attending school. There is a tradition of his school days that he was a studious youth, and peaceably inclined, but when a weaker party was abused he made it a rule to interfere, and some one whose name was not Freeman experienced disastrous consequences. Sometimes the chastisement was visited upon another pupil and some- times upon a teacher. In 1837 he entered Cazenovia Seminary, where he remained one year. He then taught for a time and after- wards attended school at Mexico, N. Y., about three years. He then returned to the farm, where he remained ten years. April 3, 1844, he married Ellen O. Davis, of Williamstown, N. Y. While at school he began the study of law, which he afterwards resumed, and was admitted to the bar at Syracuse, N. Y., in 1854. After practicing about a year he came West and settled in Lower Saginaw in July, 1855. He opened an office on Water Street at the foot of Center Street. In the Fall his family arrived, and they were established in rooms in the Watson Block. In the Fall of 1856, Mr. Freeman went into the woods and purchased a lot where his present residence stands, on the corner of Third and Madison Streets, where he built a frame house which the family immediately occupied. All that area was low ground and most of the time covered with water. Mr. Freeman built a sidewalk leading to his house, which was known as "Freeman's temperance sidewalk." It consisted of planks laid on blocks, making a sidewalk about one foot wide, and elevated nearly two feet from terra firma. During a wet time this would be sub- merged in places. The house stood upon a little mound, which was the only redeeming feature of the locality. This was pioneer life. Mr. Freeman was a young man of more than average mental and physical vigor, and soon took a commanding position in the new country. In 1857, Bay County was organized and he was elected prosecuting attorney. Then came the fight to maintain the separ- ate county organization. The history of this peculiar and severe struggle is faithfully portrayed elsewhere in this work. Mr. Freeman drew the bill passed by the Legislature, and when the validity of the organization was assailed, he stoutly defended it. Although he stood almost alone, he never wavered in his belief or determination to fight for it to the end. It was a most critical situation. He was a young man and of recent advent into the country. If he failed the result must inevitably prove fatal to his future prospects. He did not fail, but followed the contest to a successful issue and achieved a great triumph, not alone for himself, but for the county. His courage and ability in that struggle can never be ques- tioned. In 1860 he was stricken with sciatica, from which he suf- fered intensely most of the time for nearly ten years. He has never fully recovered from the effects of it, but for the past thirteen years has been able to attend to his business. In 1872 he built the brick residence and office, which he now occupies, upon the lot before described. At the present time no trace of the swamp, or rough surroundings, remain, but broad, handsome streets, and beautiful homes are there instead. Mr. Freeman has accumulated a large amount of property notwithstanding the severe struggle with dis- ease, which for nearly ten years rendered him helpless. He has built a number of dwelling houses and stores, some of which he still owns. He was for some time Circuit Court commissioner, and as highway commissioner laid out some of the most important

HISTORY OF BAY COUNTY.

roads in the county. Mr. and Mrs. Freeman are the leading mem- bers and supporters of the Emanuel Reformed Episcopal Church at South Bay City. Mr. Freeman's name must always remain asso- ciated with the early history of Bay County, in the interest of which he has rendered great service.

James Birney is mentioned in another part of this work. Stephen Wright went to California, where he died.

James Fox remained only a short time,

ANDREW C. MAXWELL came here in March, 1857, from Lapeer, Mich. He was born in Onondaga County, N. Y., July 11, 1831. When thirteen years of age he removed to Michigan with his par- ents, who settled in Oakland County. He was brought up on a farm, and studied law at Pontiac. In June, 1853, he was admitted to the bar and settled in Lapeer, where he began the practice of law. December 28, 1853, he married Sarah M. Hart, who belonged to the pioneer family of Lapeer County. While there he held the office of prosecuting attorney one term. In March, 1857, he settled in Lower Saginaw, where he has been in continuous practice longer than any other attorney now here. He was a member of the Board of Supervisors in 1870-'71, and from 1876 to 1880, when he re- signed. In 1881 he was again elected and re-elected in 1882 and 1883. He was a member of the Legislature in 1865 and in the Fall of 1882 was the Democratic candidate for Congress in the Tenth district. In 1872 he built a block on Water Street, known as the Maxwell Block. Mr. Maxwell has had more to do with the affairs of Bay County than any other man in it on account of his long ser- vice on the Board of Supervisors and his recognized ability as a law- yer. He also took an active part in the organization of the county. As a lawyer Mr. Maxwell long ago had acquired a state reputation, and for upwards of twenty years has had a very extensive practice in the courts of Northern Michigan. To those who know him it would sound exceedingly tame to say that "Maxwell is an inveter- ate joker," when for a quarter of a century accounts of his acts of generosity and interestedness in others' affairs upon auspicious oc- casions, have been the current anecdotes in this part of the state, several of which are recorded in another part of this work.

THEOPHILUS COTTON GRIER, judge of the Eighteenth Judicial Circuit, from 1870 to the time of his death in 1872, was in his day a prominent member of the Bay County bar. Judge Grier was born on the 2nd of January, 1834, and he was consequently in his thirty-ninth year at the time of his death. His parents resided at Ravenna, Ohio, during his early childhood, but they both died when he was quite young. He then resided with an uncle for some time. He was a descendant, on his mother's side, from the Rev. John Cotton, of Boston, and of Pilgrim fame. At fifteen years of age he was apprenticed to Joel B. Brattles, editor of the Trumbull County Democrat, Ohio; after that he attended an institution of learning in Marietta, and studied law in the office of Riddle & Hathaway, at Chardon, Ohio, in 1854. In 1857 he married the lady who was his faithful companion till the day of his death. Shortly after his mar- riage he was admitted to the bar and removed to Pine Run, in this state, where he commenced the practice of law in the same year. In the latter part of the year 1859 lie removed to Bay City. At that time he was in very destitute circumstances, but with that courage and ability he possessed, he soon secured a good practice and con- tinued to increase it until it became quite lucrative. Judge Grier was frequently elected to offices of trust and honor. In 1860 he was elected prosecuting attorney and Circuit Court commissioner for the county. In 1862 he was, however, not fortunate, and was defeated in the election for the same offices. In 1865 he was the attorney for the city, and in 1867 was elected representative to the Legisla- ture from this district. While filling this office he distinguished

himself both as a debator and good working member. In 1870, by unanimous request of his legal brethren of the Bay City bar, and without opposition, he was chosen judge of the Eighteenth Judicial Circuit.

LUTHER BECKWITH is one of the early members of the Bay County bar, having settled here in the Fall of 1860. He is a native of Washtenaw County, and a graduate of the University of Michi- gan. He was admitted to practice in 1860, and began practice in Bay City. He held the office of prosecuting attorney from 1863 to 1867, and has also been alderman of the city. He is well known and has a good reputation as a lawyer.

ARCHIBALD MCDONELL settled in Bay City in June, 1861. He was born in St. Andrews, Nova Scotia, January 1, 1833. He re- ceived a grammar school training and taught in his native province about three years. In 1859 he entered the law department of Michigan University,and graduated in the Spring of 1861. The following June he entered upon the practice of his profession in Bay City. He has held several local offices, among which were those of mayor of the city, supervisor, circuit court commissioner, city attorney and alderman. Mr. McDonell has been very successful, both as a lawyer and business man, and ranks among the wealthy men of Bay County. He is a member of the hardware firm of Logan, Bialy & McDonell, and has large real estate interests in the city and county.

ISAAC MARSTON, late associate of the Supreme Court, has re- cently engaged in the practice of law at Detroit, but it is impossible to separate his name from the history of progress in Bay City and County during the past twenty years.

He was born in Ireland, January 2, 1839, his father being a small landed proprietor of English descent. His mother maintained and educated the children after their father's death. He deter- mined to take his chances in the busy world on this side of the water, and in 1856 came to America, where he began his career by working upon a farm in Oakland County, where he attended school for two months. He was here with no advantages save his indom- itable will and fixed determination to make the best use of the talents given him, yet he has far outstripped the thousands whose sur- roundings made easy the way to success. In 1859 he entered the law department of the University of Michigan, and graduated in 1861. During a portion of the time he was in the employ of Judge Cooley, with whom he afterwards sat upon the Supreme Bench. After graduating he practiced law for six months at Alma, Gratiot County, where he lost his library by fire. He then practiced for a short time at Ithaca, after which he came to Bay City. His career since coming here twenty-one years ago, has been one of continued improvement, not only in the extent and value of his professional work, but in the positions of public trust which he has been called upon to fill. March 18, 1863, he formed a partnership with Hon. H. H. Hatch, which continued, substantially, up to 1874, when Judge Marston was appointed attorney-general by Gov. Bagley. This formed the strongest legal firm in Northern Michigan, and both of its well known members have acquired an enviable reputa- tion as well as the more substantial evidences of the esteem in which they are held by the public. Before receiving the appoint- ment above referred to, Judge Marston had acted in the capacity of justice of the peace, prosecuting attorney and city attorney, and was chosen State Representative, in all of them showing the same con- scientious regard to the duties and responsibilities of his position as has characterized him in the higher honors to which he has since been called. In April, 1875, he was elected justice of the Supreme Court, to fill the vacancy caused by the election of Judge Christiancy to the United States Senate, and remained upon the bench until his resignation in February last. He has been a power in promoting

HISTORY OF BAY COUNTY.

the growth and development of the county, and his services are ap- preciated by its citizens.

HON. HERSCHEL H. HATCH, of Bay City, member of Congress from the Tenth Congressional District, was born in Morrisville, Madison Co., N. Y., February 17, 1837. The experiences of his early life were similar to those of the average American youth of that day. He was naturally studious and ambitious, and received the best education a boy could secure from the public schools of his native village and from the instruction of his father. When he came to decide upon a life pursuit,he chose the law and was admitted to the law department of Hamilton College, from which he graduated in 1859. He then opened an office and began the practice of law in his native village, where he remained until 1863. In March of that year he came to Bay City, and the same month became associated with Isaac Marston in the practice of law. The next year James Birney was admitted to the firm, which then became Birney, Mars- ton & Hatch. In about a year Mr. Birney retired, and the firm of Marston & Hatch continued, and was recognized as one of the lead- ing law firms in the state. This firm was dissolved by the election of Mr. Marston to the Supreme Bench in 1875. Mr. Hatch was one of the first aldermen of Bay City, being elected to that position on the incorporation of the city in 1865. In the Fall of 1868 he was elected judge of probate of Bay County, and held the office until 1872. In 1874, the Legislature having directed Gov. Bagley to appoint a commission to revise and amend the constitution, and Mr. Hatch having gained a state reputation as a lawyer, he was se- lected by Gov. Bagley as one of the eighteen commissioners to perform the work, Gov. Jerome being his colleague from the Saginaw district. In 1881 he was one of the five commissioners appointed by the Governor, under the bill passed by the Legislature to revise the tax laws of Michigan. The present tax law is the work of that commission, of which Mr. Hatch was a leading and in- fluential member. He has held various other positions of trust and influence, and especially in educational matters he has always taken an active interest and has done much toward their advancement. While Mr. Hatch has been almost continuously in public service,he has never been considered a politician in the commonly accepted meaning of that term. His ambition and energies have been di- rected to his profession, in which he is recognized as one of the leading lawyers of Michigan, and has been associated with some of the most important cases that have arisen in this part of the state. He is a man of great energy,and is a hard worker, both as a student and practitioner. He possesses many marked characteristics, promi-

nent among which are decision of character, and directness of speech and action. In the Fall of 1882 he received the nomination of Representative in Congress, from the Republicans of the Tenth District, and was elected by a majority as surprisingly large as it was satisfactory to himself and political friends. He was married in June, 1864, at Morrisville, N. Y., to Miss Eliza E. Houghton, of that place. They have four children. Their family residence is on the corner of Tenth and Washington Streets.

James R. Cooke practiced here awhile. He is now in one of the departments at Washington.

R. McBrookins was associated with A. C. Maxwell a year or so, and in 1862 went into the army.

C. H. Denison, a brilliant lawyer, was here from about 1863 till 1879. He is now in New York City.

Cushman K. Davis studied with A. C. Maxwell in 1864. He was afterwards governor of Minnesota.

Samuel Maxwell, brother of A. C. Maxwell, and now one of the supreme judges of Nebraska, was admitted here and went into the army in 1861.

Archie Stevenson studied with A. C. Maxwell in 1858, and was admitted. He went West and became prominent as a lawyer. He died about 1874.

E. W. Andrews, a minister, came here about 1870 and was ad- mitted to the bar. He practiced a short time and went away about 1875.

Dr. William Daglish was also a member of the Bay County bar. He is mentioned in another place.

Those mentioned were the pioneer lawyers of Bay County. Among the older lawyers who came after those named were George P. Cobb, T. F. Shepard, J. W. McMath and S. T. Holmes.

Following are the present members of the bar :- E. Anneke, L. Beckwith, John Brigham, Jr., Samuel L. Brigham, George P. Cobb, Fatio Colt, Edgar A. Cooley, F. B. Clark, C. L. Collins, M. A. Dowling, Henry Fenton, C. H. Freeman, G. H. Francis, S. P. Flynn, Isaac A. Gilbert, H. M. Gillett, J. C. Greening, Frederick K. Gustin, S. T. Holmes, H. H. Hatch, John Hyde, John Harga- don, A. H. Ingraham, A. M. King, A. P. Lyon, Henry Lindner, A. C. Maxwell, J. W. McMath, A. McDonell, George W. Mann, Daniel Mangan, W. J. McCormick, M. J. McHugh, L. McHugh, H. W. Newkirk, Frank S. Pratt, Edward W. Porter, C. E. Pierce, E. W. Rider, T. F. Shepard, W. Scofield, John L. Stoddard, John E. Simonson, E. R. Slawson, H. Selleck, R. B. Taylor, H. M. Wright, T. A. E. Weadock, F. L. Westover, Thomas E. Webster.

HISTORY OF BAY CITY.

The identity of Bay City can be traced back as far as the Spring of 1838, and its history, therefore, covers a period of forty- five years. Upon preceding pages have been described the early conditions of this region; the luminous advent of the Saginaw Bay Company in 1837, its spasms and speedy strangulation. March 1, 1838, Sydney S. Campbell and family arrived upon the site of Lower Saginaw and established themselves permanently in a home and business. This was the first permanent settlement made in Lower Saginaw and in the line of Bay City's development and his- tory. So numerous and varied have been the accounts of the early settlement of Bay City, that the confusion of the reader is liable to be still further increased unless the earliest movements are described in this chapter with greater minuteness than would otherwise be deemed necessary.

Back of 1838 no plan took shape that was preserved and be- came a part of the organism of Lower Saginaw, which developed into Bay City, while the village of Portsmouth, although first pro- jected, maintained a separate municipality until 1873, when it ceased to exist and became an addition to Bay City by annexation. The interests of the two places were so much in common that a de- tailed history of each would necessitate a repetition. To avoid this as much as possible, we will briefly summarize the early movements in the

VILLAGE OF PORTSMOUTH.

The fame of Portsmouth consists chiefly in priority of existence, having been, as already described, the first town projected near the mouth of the river. When returning life began another struggle in this region, Portsmouth also led the way for a few years, in the way of first enterprises. Joseph and Medor Trombley became first set- tlers by remaining here contrary to their first expectations. Nearly fifty years have rolled round since they halted in the wilderness, and both are still in the county. The Center House had been built here; Judge Miller had laid out a town, and built a mill. In February, 1837, the Portsmouth Company was organized. Among its members were Henry Howard, the state treasurer; Kensing Pritchet, secre- tary of state; John Norton, the cashier of the Michigan State Bank; John M. Berrien, of the United States Army, and Gov. Stevens T. Mason, who individually purchased all the land subsequently in- cluded in the Portsmouth plat. These formed the stock company and caused the same to be re-surveyed 'and re-platted in 1837 by John Farmer.

A portion of this plat of Portsmouth was re-surveyed and re- platted by A. Alberts surveyor for William Daglish, in 1855, under the name of Daglish Addition to Portsmouth.

The first postoffice in the county was established here in the Winter of 1837.

The first physician in this region, Dr. J. T. Miller, located here in 1836. The second physician, Mrs. Thomas Rogers, of sainted memory, also located here with her husband. She was truly a min- istering angel of comfort and aid.

The first blacksmith, after the Indian blacksmith in this re- gion, was Mr. Rogers.

The first lumber manufactured in this region after 1837, was in the Portsmouth mill by James McCormick & Son, in 1841. They also shipped the first cargo of lumber out of the Saginaw Valley.

The first school in the county, or in the territory afterwards Bay County, was in Portsmouth.

The first salt was made here and the largest saw mill in the valley was built here.

The first vessels built on this part of the river, after the "Java," were the "Essex" and "Bay City," built by the Braddocks at Ports- mouth in 1857 and 1858.

The coming of the McCormicks, in 1841, was the first revival of business, but there was no marked improvement for several years.

Capt. Marsac had located here in 1838 and Capt. Wilson in 1841.

In 1848 Judge Albert Miller came to reside permanently, and occupied a house built by John Rice, on what is now Fremont Avenue, near Water Street; the first school being taught in this building. Judge Miller operated the mill in company with James J. McCormick for a short time.

C. L. Russell and Capt. Lyman Crowl came about 1849 and formed a copartnership with Judge Miller, under the firm name of Russell, Miller & Co. In the Winter of 1850 they built a mill on the present site of the Miller & Lewis Mill. They built several houses to accommodate their workmen, and opened a store. In 1850 they hired a minister, and erected a small building for a church. This building was afterwards fixed over for a school house.

The first hotel was the "River House," kept by Daniel Chappel, in the building known afterwards as the "Center House."

In 1850 Jesse M. Miller came and afterwards carried the mail between Lower Saginaw and Saginaw City.

Medor Trombley had also built a house, still standing near the pail factory.

Portsmouth as first platted extended north to the present line of Twelfth Street, and south to a line between Thirty-Second and Thirty-Third Streets. When the village of Bay City was incorpora- ted it took in Portsmouth as far south as the section line, and final- ly to Twenty-Fourth Street, and in 1873, by annexation, acquired the whole of Portsmouth village. Several additions had been made, among them being Medor Trombley's, Dr. Daglish's and Ingra- ham's. The various elements that entered into the growth of Ports- mouth are necessarily given elsewhere, and it is therefore needless to repeat a history of them here. As enterprising men as ever came into the valley composed the bone and sinew of the village, and promoted its growth. Some remain, but the number who have ceased from life's activities is comparatively very large. The history of Portsmouth recalls such names as Trombley, Miller, McCormick, Marsac, Wilson, Braddock, Stevens, Daglish, Southworth, Beckwith, Watrous, Wilmot and Kinney. Of this force but a remnant remain.

HISTORY OF BAY COUNTY.

"BAY CITY IN 1837"

was attempted to be recalled by an artist in 1874, and the result of the effort has since done duty as the frontispiece of a local and very creditable publication. The scene pictured is quite romantic and attractive. The serene repose that pervades the spot reminds one of a New England Sabbath in June. The intense stillness, however, has a depressing influence upon the future prospects of the place, somewhat damaging to its material interests. The two fishermen upon the dock are waiting reverentially for a "bite," and a bark canoe, containing a pair of Indians in war paint, is being propelled through the water of the river with noiseless strokes of their oars. Judge Campbell is seen issuing from the front door of the Globe Hotel to take his accustomed seat in the shade, but no other evidence of life is visible in all the realm. The effect of the picture, however, is somewhat marred by the fact that the cluster of

Co., N. Y., February 29, 1804. In 1830 he emigrated to Michigan and settled at Pontiac, whence he removed to Cass River Bridge in the Spring of 1836. Here he laid out a town and called it Bridge- port; his partner in the business being Mr. G. D. Williams. A postoffice was established and Mr. Campbell was appointed post- master. But Bridgeport was blighted by the hard times, and in the Winter of 1838 he was induced by Mr. Fraser to remove to the new city on the Saginaw, and start a hotel. Some of his Saginaw friends who knew his love of ease when not on a chase for deer, said that "Syd" was too frequently disturbed while at Bridgeport by travelers coming along and requiring entertainment, and that he had opened a tavern at Lower Saginaw where he would not be dis- turbed in that way. However, he removed here with his family in the Spring of 1838 and opened the Globe Hotel, as related else- where in this work. He arrived here on the first day of March,

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History of Bay County, Michigan, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 17

Author: Publication date: 1883 Publisher: Chicago : H. R. Page Number of Pages: 380

Author:
Publication date: 1883
Publisher: Chicago : H. R. Page
Number of Pages: 380