History of Berrien and Van Buren counties, Michigan. With biographical sketches of its prominent men and pioneers, Part 38

Author: D.W. Ensign & Co. pub; Ellis, Franklin, 1828-1885; Johnson, Crisfield
Publication date: 1880
Publisher: Philadelphia, D. W. Ensign & Co.
Number of Pages: 821

USA > Michigan > Van Buren County > History of Berrien and Van Buren counties, Michigan. With biographical sketches of its prominent men and pioneers > Part 38
USA > Michigan > Berrien County > History of Berrien and Van Buren counties, Michigan. With biographical sketches of its prominent men and pioneers > Part 38

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1812, at the battle of Lundy's Lane, Col. Fitzgerald was wounded by a bullet which shattered his arm. This in a measure crippled him for life, and he always carried the bullet in his shoulder.

As a lawyer Col. Fitzgerald had considerable ability, but soon after he came to this county he abandoned the prac- tice of his profession, and entered other fields more con- genial to his taste.

E. Egbert appears as attorney in the judgment records of the county as early as 1832, but he was never a resident of Michigan. He was at one time a judge of St. Joseph Co., Ind.

William H. Welch commenced practice here in 1832, and continued in practice several years. At the fall term of the Circuit Court in 1832, and the spring term in 1833, he was appointed by the court prosecuting attorney for the respective terms. Mr. Welch was never a resident of the county.

N. McGaffy and Marcus Lane appeared as attorneys in the judgment records in 1833. They remained in the county but a short time.

Jerome B. Fitzgerald, son of Col. Thomas Fitzgerald, was born at Boonville, Ind., in September, 1822, and came to this county with his father in 1832. He was educated at Middletown, Conn .; was admitted to the bar in this county in 1844. In 1816 he was elected to the State Senate. With the exception of 1850 to 1864, when he was in New York, his residence was almost exclusively in Berrien County. He died at Niles, June 5, 1878. Mr. Fitzgerald had a fine legal mind, was an excellent scholar, and was a lawyer of more than ordinary ability. Litigation was not to his taste, and he chose the more quiet and less exciting parts of law practice, and hence never acquired a very widespread reputation as a pleader ; but among his friends and intimate acquaintances and the business men, who knew him, he possessed their entire confidence as counsel and office lawyer.

Edwin Lawrence was born at Middlebury, Vt., in 1808, and came to Michigan in 1834. He was admitted to the bar in this county in October, 1836. Mr. Lawrence was lately circuit judge at Ann Arbor, but has now retired from the practice of his profession.

Joseph Y. James lived at St. Joseph at an early day. He was admitted to the bar at Berrien, in October, 1837, but remained only a short time after his admission.

Vincent L. Bradford came from Philadelphia, Pa., in 1835, and settled at Niles, where he immediately entered into law practice. Mr. Bradford was a ripe scholar, and a lawyer of eminent ability. He immediately took rank among the first lawyers in the State, and soon acquired a State reputation. The field of labor was at that time too limited for him, and in 1843 he returned to Philadelphia. There he at once took a high position in the profession, and now stands at the head of the bar in that city. In 1838 and 1839, Mr. Bradford was a member of the State Senate from Berrien County. Few men in Michigan, in the profession or out of it, would outrank Mr. Bradford in learning and ability.

Nathaniel Bacon was born at Ballston Spa, N. Y., in July, 1802 ; graduated at Union College in 1824; was ad-

* By Damon A. Winslow.

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HISTORY OF BERRIEN COUNTY, MICHIGAN.

mitted to the New York bar, at Ballston Spa, and practiced law several years at Rochester, N. Y. He came to this county and settled near Niles, in the fall of 1833. Mr. Bacon intended when he came to Michigan to turn his at- tention to agriculture, and for that purpose purchased four hundred acres of land a little east of the present city of Niles. He moved upon the land, and continued to own and live on it until his death, in September, 1869. The con- tinued calls upon him for his professional services induced him to open an office in Niles, in the fall of 1834, and he continued in practice, except when he was on the bench, until his death. Mr. Bacon was probate judge in 1837. In 1855 he was elected circuit judge, and was ex-officio judge of the Supreme Court. He was again elected to the judgeship in 1857, and again in 1866 he was elected to fill a vacancy caused by the death of Judge Smith, again in the spring of 1869 he was elected for the full term, but died the following September.

Judge Bacon had a clear, comprehensive mind, had great influence with the court as an advocate, and was remark- ably successful before a jury. His appearance before a jury seemed to say, " Gentlemen of the jury, I expect, by a calm and dispassionate statement of the facts and the law, to con- vince you that I am right in what I may say to you," and his calm and cool manner before the jury always told in the case. In addressing a jury he seemed to be un- conscious that another person than the jury was in the room.

Charles Jewett was born at Weybridge, Vt .. in June, 1810, graduated at Middlebury College, Vermont, in Au- gust, 1834, and read law at Middlebury. He came to Niles in the fall of 1836, and in the same year was ap- pointed district attorney for the county of Berrien, then the thirteenth judicial district. He held this office until he resigned, in 1840. He was elected county judge in 1848, held the office four years, and was elected judge of probate in 1860. Mr. Jewett never claimed eminence as a trial lawyer, but for counsel, and as an office lawyer, he ranked among the first in the county.

Joseph N. Chipman was born in Shoreham, Vt., in Sep- tember, 1803. He was descended from a family in which were some of the most distinguished lawyers in that State. He graduated at Middlebury College with the class of 1828, and was admitted to the bar at Middlebury in 1833, and was in practice there several years. He came to this county and settled at Niles in June, 1836, and continued to reside there, in the practice of his profession most of the time, until his death, in November, 1870. In 1844 he was elected to the State Senate.

John S. Chipman was a practicing attorney in the State of New York ; settled in Niles in 1838, and was admitted to the bar the same year; was appointed prosecuting attorney by the court for the April term of the court in 1839. In 1844, Mr. Chipman was elected to Congress from this dis- trict. He remained at Niles until 1851, when he went to California, and died there several years ago. Mr. Chipman was a very positive character, and in ability ranked high in the profession.

To distinguish Mr. John S. from Joseph N. Chipman, residing at the same time in Niles, the former was usually

designated as " Black Chip," and the latter as " White Chip."

Cyrus Dana was born at Owego, N. Y. He was a prac- ticing attorney in that State, but came to Niles in 1838, and was admitted to the bar in November of that year. He continued in practice until his death, at Niles, in 1847.

James Sullivan was an attorney from New Hampshire. He came to Niles in 1838, and in the same year was ad- mitted to the Michigan bar at Berrien. He stayed at Niles about three years after his admission to the bar, and then removed to Cass County, where he continued the practice of the profession until his death, in August, 1878. Mr. Sullivan was from a family of eminent lawyers ; his father was attorney-general of the State of New Hampshire for over twenty years, and his grandfather for a still longer period, and the credit and character of the family lost nothing in the person of James. He was acknowledged to be one of the finest lawyers in the State. He possessed a legal mind inferior to none, but an unfortunate deafness denied him the honorable positions to which, as a lawyer or statesman, his learning, ability, and sterling worth entitled him.

James Brown-born at Saratoga, N. Y., September, 1814 -graduated at Union College in 1836, settled in Niles in 1838, and has ever since resided there. He was ad- mitted to the Michigan bar at Berrien in October, 1839. Mr. Brown was elected judge of probate in 1844, and again in 1848, holding the office eight years. In 1845 he was appointed prosecuting attorney to fill a vacancy ; was re- appointed in 1849, and elected to the same office in 1852. Mr. Brown is a fine scholar ; has a remarkable command of language, a fine orator, and always made an efficient officer. He has a big heart, that always throbs for the unfortunate and the oppressed.

Cogswell K. Green was an attorney from New Hampshire, who came to Niles at an early day, probably about 1833, and settled at Niles, where he remained in practice for several years. He afterwards returned to New Hampshire, and now lives at Exeter, in that State. He was probate judge in Berrien County in 1831, and held the office about three years.

Thomas Conger was born about 1800. He settled at St. Joseph in May, 1834, and was elected judge of probate in November of the same year. He remained in practice at St. Joseph until 1849, when he went to California. He is now police judge in the city of Sacramento.

Cruger Walton, a practicing attorney from New York, was admitted to practice in Berrien County in October, 1837. He resided at St. Joseph, and continued to practice law several years in this county.

James Randles came to St. Joseph about 1834. He had but one arm, and for that reason was usually called " one- arm Randles," to distinguish him from James I. Randall, who lived at St. Joseph at the same time. Mr. Randles was a man of fine talents. He died at St. Joseph about 1840.

Jabez N. Rogers came to St. Joseph about 1842, and was admitted to the bar in April of that year. He prac- ticed law several years in this county, and now lives in one of the Western States.

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THE MEDICAL AND LEGAL PROFESSIONS.

Ebenezer MeIlvaine was born in Pennsylvania, and was admitted to the bar of that State at Pittsburgh. He came to Niles in about 1843, and was admitted to the bar at Berrien in October of that year. He was county clerk in 1848, and in 1855 was elected probate judge, to fill the va- cancy caused by the death of Col. Fitzgerald. He died in Niles several years ago.

Levi B. Taft was admitted to the bar of Berrien County prior to 1850. In that year he was elected prosecuting at- torney. He left Niles in 1853, and now resides at Pontiac, Oakland Co. He was at one time circuit judge in that county.

Hiram F. Mather, born in Elbridge, Onondaga Co., N. Y., came to Niles in 1844. In 1853 he went to Chicago, and died there about 1863. Mr. Mather was a member of the Senate of New York four years before he came to Michi- gan. He was an able lawyer, and very popular as a man.

Alonzo Bennett, born at Addison, Vt., in September, 1807, came to Berrien County in September, 1833, and settled at Niles. In 1836 he moved to New Buffalo, where he has lived most of his time since, and still resides there. He was admitted to the bar in 1843, but never made the practice of law his business. Soon after his admission he turned his attention to other pursuits, principally merchan- dising.

John M. Barbour came from Chautauqua Co., N. Y., set- tled at Niles in 1834, and was admitted to the bar here in April, 1842. He remained here eight years and then went to the city of New York. Mr. Barbour is now judge of the superior court of that city.

Thomas W. Freelan lived at Niles, and was admitted to the bar at Berrien in May, 1845. He enlisted in the United States army and served in the Mexican war. He went to California in 1849 or 1850, and has been a judge of a court of record in that State.

Franklin Muzzy was born in Maine in 1816, and gradu- ated at Bowdoin College. He came to Berrien County in 1842, stayed one year at St. Joseph with the family of Col. Fitzgerald, and in 1843 went to Niles, and always lived there until his death, in March, 1878. He was admitted to the bar in Maine, and was at one time a law-partner of Hon. Hannibal Hamlin ; he was admitted to the bar of this State at Berrien, in October, 1846, and continued in practice to the time of his death. He was elected State senator in 1858, and was for many years mayor of the city of Niles. In many respects Mr. Muzzy was a remarkable and pecu- liar man. He lived and died a bachelor, which fact may account for many of his eccentricities. Probably no lawyer who ever lived in the county had as great influence with the court and jury as he; always ready, never showing surprise ; an opponent not to be coveted, but in courtesy always meeting an opponent half-way. Before a jury his appearance seemed to say, " No use, gentlemen of the jury. I am going to compel you, in spite of yourselves, to view this case as I do,"-and he generally did. He was not eloquent as an orator, but his earnestness and apparent conviction that he was right gave him great power as an advocate. As a neighbor he was ever kind and obliging. Though not a professing Christian, yet no man in the county gave more liberally to the churches and clergy than

he. Hundreds of poor, did they know their benefactor, would rise up and call him blessed. He never gave to be seen of men, but with a basket or package of necessaries would often go forth in the dark and, unseen, leave it at the door of some poor family, or send a delivery-wagon loaded with the comforts of life to be delivered to the needy ones, always with the injunction to not name the giver. Many a family has been warmed and fed by his kindness as an unknown giver.

John Grove was the first lawyer living at Buchanan. He was admitted to the bar in this county in May, 1848; elected to the House of Representatives of this State in 1845 and in 1846. He died at Buchanan some twenty years ago.

N. W. Thompson was admitted to the bar in this county in May, 1846. He never made the practice of law his ex- clusive business, but combined it with agricultural pursuits. He now lives in Iowa.

George H. Jerome was born at Pompey, Onondaga Co., N. Y., October, 1819. He graduated at Hamilton College in 1842, came to Niles in the fall of 1846, and immediately entered upon the practice of law. He soon retired from practice, and entered upon other pursuits more congenial to his taste. (See biographical sketch elsewhere in this work.)

John A. Thompson came to Niles in 1848, was admitted to the bar in 1849, and appointed prosecuting attorney in 1850. He enlisted in the war of the Rebellion, and was killed in the service.

Ira N. Jerome was born at Pompey, N. Y., in 1822, and graduated at Hamilton College in 1844. He came to Niles in 1848, and in the same year was admitted to the bar, but remained at Niles only about a year. He died at Iowa City in 1865.

Strother M. Beeson-born at Uniontown, Pa., in De- cember, 1816-came to Niles in 1832, but passed much of his time for years in South Bend, where he read law. He was for many years a practicing attorney in Indiana, where he stood high as a lawyer. He was admitted in this county in December, 1850. He died at Niles, Dec. 30, 1878. Mr. Beeson was not fond of litigation, and confined his practice almost entirely to the quieter part of the practice.

Damon A. Winslow-born in Le Roy, Jefferson Co., N. Y., in May, 1819-was educated at Le Roy Academy, and at the Gouverneur Wesleyan Seminary, at Gouverneur, N. Y., under the instructions of the present Bishop Peck. He settled permanently in Michigan in 1844 ; was admitted to the law courts at Ann Arbor in June, 1845, and in the same month he was admitted to the Court of Chancery at Adrian. After admission to the bar he first settled in Eaton County, this State, and in 1847 was appointed by the Governor prosecuting attorney for that county, and held the office about two years. In May, 1851, he settled at St. Joseph, where he has since resided, in the practice of law. Mr. Winslow never claimed eminence as a trial law- yer ; in other respects, as a lawyer, we trust his reputation is not to his discredit. He is still in practice.

David Bacon was born at Ballston Spa, N. Y., in Septem- ber, 1827 ; graduated at Jefferson College, Pa., in 1852; came to this county and settled at Niles the same year ; was ad- mitted to the bar in October, 1854, and was elected prose-

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HISTORY OF BERRIEN COUNTY, MICHIGAN.

cuting attorney in 1854. He still lives in Niles. Mr. Bacon served in the war of the Rebellion, and until he re- ceived a wound that well-nigh proved fatal. He received a colonel's commission for meritorious service. He is now in practice at Niles.

Seneca N. Taylor was for some years a practicing lawyer in the county. Several years since he moved to St. Louis, where he is now in practice.

Emory M. Plimpton came from Ohio, and was admitted to the bar in September, 1853. He was elected prosecuting attorney in 1856, and elected to the Michigan House of Representatives in 1868. He is now in practice at Bu- chanan.

Edward Bacon, born at Rochester, N. Y., in April, 1830, came to Niles with his father, Nathaniel Bacon, in 1833. He graduated at the Michigan University in 1850, and was admitted in the Supreme Court at Detroit in 1853. He still lives at Niles, and is in practice. Mr. Bacon enlisted in the late war, and left the service with a colonel's commission.

Ebenezer E. Cady, born at Auburn, N. Y., in May, 1816, came to St. Joseph in 1853. He was admitted at Berrien in June the same year. In 1859 he returned to Auburn, and is now in practice there.

Joseph S. Bacon, born at Rochester, N. Y., in March, 1832, came to Niles with his parents in 1833; was ad- mitted to the bar in April, 1855, and is still in practice in Niles.

James M. Albert came to Buchanan about 1851, was admitted in December, 1858, and practiced law at Buchanan until he enlisted and went into the army, in which he held a captain's commission. He is not now a resident of the county.

Samuel B. Spears, a native of Brooklyn, N. Y., gradu- ated at Yale College ; came to Niles in 1848; was admitted in April, 1862, and died at Niles in 1863.

William W. Wheeler, born at Niles about 1836, was ad- mitted at Berrien in September, 1859, and went into prac- tice at St. Joseph, where he remained until he entered the army, in 1861. He went into the service as lieutenant, and held a colonel's commission at the close of the war. He died at Chicago about 1875.

Henry H. Coolidge was born at Leominster, Mass., in August, 1811, and educated at Amherst College. He came to Cass Co., Mich., in 1836; was admitted to the bar in that county in 1844, and elected prosecuting attorney for Cass County in 1850. He came to Niles in 1859; was elected prosecuting attorney for this county in 1862, and as a delegate to the Constitutional Convention in 1867. In 1872 he was appointed circuit judge, to fill a vacancy caused by the resignation of Judge Blackman, and in 1876 was elected to the same office, which he resigned in September, 1878. He is now in practice at Niles.

Charles R. Brown, born in Lorain Co., Ohio, was edu- cated at Berea, Ohio, and admitted in Ohio in 1856. He came to St. Joseph in 1859 ; was admitted here in Septem- ber, 1860; elected to the House of Representatives from this county in 1866. He moved to Kalamazoo in 1867, and was elected circuit judge for that circuit in the spring of 1869, and resigned in 1874. He now resides at Port Huron, Mich.

Benjamin F. Chubb, born at Ann Arbor, Mich., came to Niles in 1856, and was admitted in February, 1860, at Ber- rien, but never fully entered the practice of law. He died at Niles in 1867.

Charles W. Ormsbee, born in Paris, Oneida Co., N. Y., in August, 1831, graduated at Hamilton Law School in the first graduating class. He came to St. Joseph in 1861, was admitted in January, 1862, and in 1872 went to Salt Lake City, where he died in November of that year.

Theodore G. Beaver, born in New Berlin, Union Co., Pa., in 1835, received an academic education at New Berlin, came to Niles in September, 1858, and was admitted to the bar in April, 1862. He is now in practice in Niles.

Cyrus M. Alward, born at Scipioville, Cayuga Co., N. Y., in November, 1825, came to Niles in 1848, was admitted in April, 1862, and is now in practice at Niles.

Frederick O. Rogers came from Elmira, N. Y., to Niles about 1856, and was admitted in July of the same year ; was elected prosecuting attorney in 1858, and re-elected in 1860. In 1867 he was appointed United States district attorney for the Western District of Michigan.

George S. Clapp, born at Columbia, Lorain Co., Ohio, in June, 1834, was educated at Berea, Ohio, and admitted to the bar in that State in 1856. He came to St. Joseph in 1862, and was admitted to the bar in October of the same year. In 1864 he was elected prosecuting attorney, and held the office six years. In 1869 he was nominee for cir- cuit judge against Judge Blackman. He is now in prac- tice in St. Joseph.

William R. Lyon, born in Cayuga Co., N. Y., in May, 1834, graduated at Williams College, Mass., in 1858; at- tended law lectures at the Michigan University in 1860-61, and was admitted at Berrien in May, 1863. He is now in practice at St. Joseph.

J. E. Chamberlain, born at Sandwich Islands in about 1830, graduated at Williams College, Mass., in 1852. After he graduated he returned to the Sandwich Islands, and was for several years judge of the Recorder's Court, and was offered a seat on the Supreme Court bench. He returned to the United States and settled at St. Joseph about 1860. The law was not to his taste, and he soon turned his atten- tion to other pursuits. He again returned to the Sand- wich Islands in 1873, and is now living there.

C. D. Hathaway was admitted to the bar in December, 1860. He remained in practice at Berrien about three years, and then went away. His present residence is un- known to the writer.

Nathan G. King was born in Rensselaer Co., N. Y., in February, 1819, and graduated at Williams College. He practiced law several years in Albany, N. Y., but came to Michigan and settled in St. Joseph, where he entered into practice in 1861. On the breaking out of the Rebel- lion he entered the army and obtained a colonel's commis- sion. After the war he settled at Brooklyn, Jackson Co., Mich., and in 1872 was elected to the State Senate from that county.

Alexander Walker, from Oneida Co., N. Y., and a grad- uate of the Albany Law School, came to Berrien County in 1862, and in July of the same year was admitted to the bar. He never entered into law practice in this county,

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THE MEDICAL AND LEGAL PROFESSIONS.

for soon after his admission he entered the army and served during the Rebellion. In 1863 he was captain of Com. pany A, 7th Michigan Cavalry. Mr. Walker was wounded at Gettysburg, but remained in the service till the end of the war, and was mustered out in 1865.

Jerome B. Brown, born in the State of New York about 1815, was admitted in Berrien in November, 1863. He now resides at Willoughby, Ohio.

J. J. Van Riper, born at Haverstraw, N. Y., in 1838, received an academic education in New York City, attended law lectures at Michigan University in 1860 and 1861 ; was admitted in Cass County, in January, 1863. In 1867 he was elected delegate to the Constitutional Convention from Cass County. He came to Buchanan in 1872; was elected prosecuting attorney in 1876, and re-elected in 1878. He is now in practice at Buchanan.

Cholwell Knox, born at Rhinebeck, N. Y., in 1839, graduated at the law department of Michigan University in September, 1863. In 1865 he came to Niles, where he is still in practice.

Worthy Putnam, born in Madison Co., N. Y., in Octo- ber, 1811, was admitted to the New York bar at Buffalo, in 1859. He came to this county and settled at Berrien in 1864. He was admitted at Berrien in December of the same year. In 1869 he was appointed circuit judge, to fill the vacancy caused by the death of Judge Bacon, and held the office until his successor was elected, in November of that year. The practice of law was not to the taste of Judge Putnam, and he soon retired from practice, and en- tered more congenial fields.

James H. Fairchild, born at London, Ontario, graduated at Ypsilanti High School in March, 1859. He graduated at the law department of Michigan University in March, 1863, and was admitted at Ann Arbor in March of the same year. He settled at Niles in April, 1865, but in Feb- ruary, 1872, removed to Chicago, where he is now in prac- tice

Calvin B. Potter was born in Jefferson Co., N. Y., in July, 1837, and graduated at Albany Law School in 1860. At the commencement of the war of the Rebellion he en- listed in the 18th New York Infantry, and served over four years in the Army of the Potomac. He was taken prisoner at the first battle of Bull Run, and was an inmate of Lbby Prison for five months and seventeen days, then exchanged and went back to his regiment. After the close of the war he settled at St. Joseph (in June, 1866), and was admitted the same year. He was elected to the House of Represen- tatives of Michigan in 1874. He is now in practice at St. Joseph.

Albert H. Potter, born in Wisconsin in 1840, came to St. Joseph in the spring of 1866, and was admitted in 1869. He is now in practice at Benton Harbor.

David E. Hinman was admitted to practice in May, 1868, and is now in practice at Buchanan, where he has re- sided for several years.

Wm. D. Kingery is now a resident of Buchanan, where he has been in practice several years. He was admitted in May, 1868.

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History of Berrien and Van Buren counties, Michigan. With biographical sketches of its prominent men and pioneers, Part 38

Author: D.W. Ensign & Co. pub; Ellis, Franklin, 1828-1885; Johnson, Crisfield Publication date: 1880 Publisher: Philadelphia, D. W. Ensign & Co. Number of Pages: 821

Author: D.W. Ensign & Co. pub; Ellis, Franklin, 1828-1885; Johnson, Crisfield
Publication date: 1880
Publisher: Philadelphia, D. W. Ensign & Co.
Number of Pages: 821