USA > Michigan > Calhoun County > History of Calhoun county, Michigan : a narrative account of its historical progress, its people, and its principal interests, Volume I > Part 34
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D. Darwin Hughes was born in Camillus, New York, February 1, 1823 and eame to the state of Michigan in 1840. He was admitted to the bar in Calhoun county in 1846 and commenced active practice of his profession. The law firm of Hughes, Wooley and Hayes was for a long time one of the strongest law firms in the state. Mr. Wooley afterwards died and Mr. Hayes removed to the state of Iowa. From
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the time of commencing active practice at Marshall until he removed to the city of Grand Rapids, a number of years afterwards, his repu- tation as a lawyer gradually extended until his entire time was devoted to the trial of legal cases. At Grand Rapids he was at the head of the well known firm of Hughes, O'Brien and Smiley and was for a number of years general counsel for the Grand Rapids and Indiana Railroad Company. It is said that his greatest strength was in the argument of purely legal questions before the court. Ilis arguments were complete, graceful and strong. Upon the whole he was fully entitled to rank as he did, as one of the ablest lawyers of the northwest. He died on the 12th day of July, 1883, at Grand Rapids Michigan. For a more full report. of this man see 51st Mich. Rep., page 25.
Hon. Thomas J. O'Brien was born July 3, 1842, on a farm in Jack- son county. His parents were good old Irish stock and emigrated to Michigan in 1837. Mr. O'Brien was educated in the district schools of Jackson county and the high school of Marshall. He began the study of law in his 18th year and completed his law studies in the University of Michigan and was admitted to the bar in 1854, when he was twenty-one years of age, and soon after entered into a law partnership with J. C. Fitzgerald at Marshall, Michigan. This partnership was continued for a number of years, when Mr. O'Brien removed to the city of Grand Rapids and became a member of the firm of Hughes, O'Brien and Smiley, consisting of D. Darwin Hughes, Thomas J. O'Brien and M. J. Smiley. This copartnership continued until the death of Mr. Hughes. Mr. O'Brien was then appointed general counsel for the Grand Rapids and Indiana Railroad and remained such until President Roosevelt appointed him minister to Denmark, and he has continued in the diplomatic service sinee that time, serving very acceptably and successfully as minister to Japan, and now as minister to Italy is residing at Rome. Mr. ()'Brien's career makes him one of the honored sons of Michigan, of whom we are all justly proud.
Hon. Horace A. Noyes was born in Prescott, Chenango county, New York, February 20, 1810. He completed his legal course at Perrington, New York, in 1833 and was admitted to the bar in Rochester. He practiced law for a time at Plymouth, Michigan, and later opened a law office in Marshall, where he was associated with his brothers, Nathan and Lucius and William H. Porter. In 1835, Mr. Noyes was elected to the legislature and in 1844 elected probate judge of Calhoun county, serv- ing twelve years. In 1857, Judge Noyes resumed his place at the bar and was employed in many important cases. He was regarded as one of the ablest legal advisers in the city. He possessed a genial disposition and a large, unselfish nature. He died April 20, 1877.
Lucius G. Noyes was a brother of Horace A. Noyes and was in part- nership with him up until his death, in 1864. Mr. Noyes was proprietor of the Marshall Expounder and for a number of years was its editor. He possessed fine legal ability and was an indefatigable worker in attending to the business of the law firm.
Hon, Philip T. VanZile lived in Charlotte, Michigan. He was judge of the circuit court of the fifth judicial circuit for two terms and pre-
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sided over the court at Marshall during that time. Judge VanZile is now one of the circuit judges of the county of Wayne at Detroit.
Francis A. Stace was born in the Borough of Lewes, Sussex, England, June 2, 1834. He devoted much of his time to reading law up until 1862, when he was admitted to the bar of Calhoun county. Mr. Stace was elected justice of the peace, which position he held by re-election for eight years. He was educated in the Church of England, but with his mother joined the church of Rome in 1848. IIe became a citizen of the United States in 1862. In polities Mr. Stace was a Democrat. He has had great success as a lawyer, especially in chancery cases. He has lately become the author of Stace's Chancery Forms and Practice. Mr. Stace is now engaged in the active practice of his profession at the city of Grand Rapids.
William DeForrest Adams was born the 25th day of June, 1839, in the township of Burlington, Calhoun county, Michigan. He was edu- cated in the public schools of the township where he resided and the high school at Coldwater. Later he attended Albion college. Hle com- menced the study of law in 1863, in the law office of Sidney Thomas in Marshall, and afterwards completed his law studies in the office of Hughes and Wooley. Mr. Adams was admitted to the bar on the 28th day of November, 1869, and soon after his admission formed a law part- nership with Sidney Thomas in Marshall and began the practice of law. Later he left that firm and formed a partnership with Ira E. Randall, which continued for a short time, Mr. Adams continuing his practice alone. In 1870, he was appointed deputy collector of revenue of the third district of Michigan. IIe was elected justice of the peace and circuit court commissioner, which office he held three terms. In 1869 Mr. Adams was appointed United States commissioner for the sixth circuit of the eastern district of Michigan, which office he held as long as he lived. Mr. Adams was a mason and in politics a Republican. He was a man of fine appearance and address and well read in the law. He was leading counsel in the Perrin litigation.
Hon. Abner Pratt was born in Springfield, Otsego county, New York, October 27, 1801. His educational advantages were very limited. He read law in Batavia and afterward went to Rochester and commenced the practice of law, where he remained until 1839. IIe came to Marshall in 1839. Mr. Pratt was elected to the legislature in 1845 and again in 1862. In 1858 he was appointed consul to Honolulu by President Buchanan. He was a member of both the supreme and circuit courts. Mr. Pratt was resolute and imperious in his manner, an able lawyer and good judge.
Hon. William H. Porter was born in Marengo, Calhoun county, Mich- igan, September 27, 1839. He was educated in the common schools and a graduate of Kalamazoo college in 1859. He later entered the law de- partment of the University of Michigan, graduating in 1862, with the degree of bachelor of laws. He was admitted to the Washtenaw county bar in the fall of 1862. He then went to Marshall and entered the office of H. A. and L. G. Noyes in April, 1865, the firm being Noves and Porter. This continued up until 1877, when Judge Noyes on account of failing health retired. Mr. Porter was mayor of Marshall five years and eity
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attorney twelve years, member of the school board thirty years. In 1884, he was elected prosecuting attorney of the county of Calhoun and con- tinued in the active practice of law until he was elected judge of probate in 1908. Mr. Porter is a student, an energetic worker and has a high rank among the members of the legal profession.
Sidney Thomas was admitted to the bar at Marshall. He was cir- enit court commissioner of the county for one term. Ile practiced law but a short time in the county, but removed to Chicago, where he prac- ticed law for a number of years before his death.
James B. Greenough came from one of the eastern states in the sixty's and was at one time co-partner of William H. Brown. On the dissolu- tion of the firm he practiced law alone for two or three years and was then called to a professorship in Harvard university, where he remained until his death. Mr. Greenough was a man of exemplary habits, literary in his character and a close student.
Charles O. Miller was born in the township of Marengo, Calhoun county, on the 20th day of November, 1859. IIe was educated in the public schools of Marshall and later entered the law department at the university of Michigan, graduating in 1883. He then entered the prac- tice of his profession at Marshall, forming a co-partnership with his brother Lonis C. Miller. Mr. Miller is a Republican in politics, served as deputy county clerk for a long number of years, also justice of the peace for seven years and city attorney one year. He is now in the active practice of his profession at Marshall.
John C. Patterson was born in Eckford, Calhoun county, March 27, 1838. He was educated at the Wesleyan Seminary at Albion and Hills- dale college, from which he graduated in 1864. Ile then entered the Albany law school and was admitted to the bar at Albany, New York, in 1865. Later he came to Marshall and on the 2d of December, 1867, be- came a member of the firm of Brown and Patterson, which firm continued in active practice for a long number of years. Mr. Patterson served four years in the state senate, which was his only political office. Mr. Pat- terson has bravely won his high standing at the bar in an arena where learning and ability alone could secure it and where diligence and fidelity alone could retain it.
Herbert E. Winsor was born at Sterling Hill, Connecticut, October 22, 1850. Ilis school days were passed in LaSalle county, Illinois, where his parents moved when he was a child. He became a student at Hills- dale college, graduating in 1873. Ile took up his residence in Marshall and was admitted to the bar in 1875. In 1876 he was elected circuit court commissioner, and served two terms. Ile was also prosecuting at- torney for the county two terms. When Calhoun county was set aside as the thirty-seventh judicial circuit, he was appointed circuit judge by Gov. Bliss, April 4. 1901. He is now engaged in the active practice of his profession at Marshall.
John E. Foley was born at Homer, February 28, 1852. He attended school in Homer and for a time in Hillsdale College. In August, 1875, Mr. Foley entered the law office at Miner and Stace, at Marshall, and was admitted to the bar in March, 1877. He became a member of the firm of Geer and Foley in 1878. Mr. Foley served as city attorney
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several years. He was elected justice of the peace and prosecuting attorney. He now resides in the city of Detroit,
John C. Stetson was born in Bangor, Franklin county, New York, October 30, 1845. He studied law in Marshall with Joseph G. Lodge and completed his studies with John C. Fitzgerald. Mr. Stetson was county clerk for three terms. In 1871 he was admitted to the bar and in 1877 began the practice of his profession. He later removed to Chicago where he still resides.
Edward J. Dennison was born at Marshall September 29, 1874. He studied law in the office of R. S. Lockton and later with John C. Pat- terson. He was admitted to the bar in 1900 and immediately began the practice of his profession at Marshall, where he resided until 1911, when he removed to the state of California and is now located in Los Angeles. He was a Democrat in politics. Mr. Dennison was justice of the peace and also city attorney for two years.
Jesse Monroe Hatch was born in the township of Lee, in Calhoun county, Michigan, May 27, 1858. He was educated in the public schools of Marshall and studied law in the office of Willis S. Geer. He gradn- ated from the law school of the university of Michigan in the class of 1880. After completing his course he continued his law studies in the office of Judge Woodruff in the city of Marshall and after one year open- ed an office and has been engaged in the practice of law ever since. He is now associated with his two sons, Jay Warren Hatch and Blaine Wil- lard Hatch, two young lawyers. Mr. Hatch was elected prosecuting at- torney two terms and served one term in the state legislature.
Louis C. Miller was born in Marengo township, Calhoun county and edneated in the schools of Marshall and the law school at Ann Arbor, from which he graduated in 1882. He immediately entered the practice of law in Marshall. He was appointed county elerk, serving from 1882 to 1888, and as circuit court commissioner one term, alderman of the city for three terms and supervisor of the first ward of the city four years. He was elected as chairman of the board of supervisors one year. He died in 1911. Mr. Miller was a man of large ability and had a strong and earnest personality.
CHAPTER XVII
ANTI-WAR AND MILITARY MATTERS
THE CELEBRATED CROSSWHITE AFFAIR-CALHOUN COUNTY VETERAN BATTALION (BY H. II. MILLER, COLONEL)-C. COLEGROVE POST No. 166, G. A. R. (BY II. II. MILLER, POST PATRIOTIC INSTRUCTOR ) -DULCENIA HOME (BY W. J. DIBBLE).
In this chapter are grouped a celebrated slavery case, which long pre- ceded the Civil war, various military and patriotic matters, and the founding of a splendid benevolenee by a Civil war woman.
THE CELEBRATED CROSSWHITE AFFAIR
About the year eighteen hundred, there was born in Bourbon county, Kentucky, a mulatto child, the son of a slave mother by her master, who was a white farmer. Subsequently the father of the child gave him to his half sister, a Miss Crosswhite, who named her slave brother Adam Crosswhite. Some time after, Miss Croswhite married a slave owner named Stone, who sold young Adam for two hundred dollars to Francis Giltner, a planter in Carroll county, Kentucky.
In 1843, at which time Adam had a wife and four children, he learned that his master contemplated selling part of his family. He thereupon determined to attempt eseape with his wife and children. Ile succeeded in getting them all across the Ohio river, but twiee they narrowly avoided capture by pursuers, which was only prevented by the friendly aid of some Quakers, who got them aboard of the "Underground Rail- road." and started on their way north. In making their eseape, the family became separated, but later all came together at Marshall, Michi- gan, where they lived a quiet, industrious and frugal life, and were gradually paying for the little eabin home in which they lived, situated in the eastern part of the city, not far from the line of the present Inter- urban railroad.
Something of their past becoming known, an unfriendly spirit re- ported their whereabouts to their master in Kentneky, whereupon he took measures to see if the report was indeed true. It was in the late fall of 1846, that the slave owner's emissary arrived in Marshall. By false pretenses, he gained access to the home and the confidence of the Cross- whites, where he satisfied himself that the ocenpants were, with the ex- ception of a habe born in Marshall. the Ingitives he was looking for.
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Returning to Kentucky with his information, Giltner authorized certain persons to proceed to Marshall, arrest the escaped slaves and bring them to their master.
It was in the early morning of January 26, 1847, that one, Trout- man, a nephew of Giltner, and three other Kentuckians, accompanied by a deputy sheriff named Dickson, went to the Crosswhite home and proceeded to earry their purpose into effect. During the parley about going before the justice, and while the mother was getting the children ready to go out on the cold winter morning, it had become noised around the town and people began to gather about the Crosswhite cabin. The number increased until, according to testimony later given in a United States court, there had assembled from one hundred and fifty to three hundred people, and numbering among them some of the foremost citizens of the place. In the crowd were several negroes, who threatened to resist by force the taking of the Crosswhite family, brandishing clubs and knives and assuming menacing attitudes toward the Kentuckians, whereupon the latter drew their pistols and prepared for defense. The deputy sheriff arrested several, and the excitement inereased as the crowd grew in number. During the turmoil it was proposed by someone in the crowd to give the visiting Kentuckians two hours in which to leave town ; someone else suggested that they be prosecuted for house-breaking and kidnapping if they did not go, and still another that they should be tarred and feathered if they remained.
Troutman, Giltner's nephew and principal agent, a bright, young lawyer, caught the attention of the crowd and presented the following : "Resolved, That I as agent of Francis Giltner of Carroll county, Ken- tueky, be permitted peaceably to take the family of Crosswhite before Shearman, a justiee, that I may make proof of property in the slaves, and take them to Kentucky." But one or two votes were heard in sup- port of the resolution, and these presumably, by the Kentuckians assist- ing Troutman.
In the meantime, Gorham, Comstock, Hurd, Easterly and others, seeing the state of public mind assured Troutman, that he could not take the Crosswhites, it was alleged that at this juncture Gorham said, "You have come here after some of our citizens and you cannot have them." Dr. Comstock said, "You cannot take them by moral, physical or legal force, and you might as well know it first as last, and the quicker you leave the ground, the better for you." Whereupon Gen. Gorham offered the following: "Resolved, That these Kentuckians shall not take the Crosswhite family by virtue of moral, physical or legal force." This resolution was passed by general acclamation and atten- ded by much noise.
In the midst of the general confusion, Troutman proceeded to take the names of certain parties in the crowd, and first that of Charles T. Gorham ; as he did so, the General said, "Put it down in capital letters." Coming to Dr. Comstock and asking his name, the Doctor replied, "Charles Cromwell Comstock, Jr. Put down the junior, so as not to confuse my father with me." While this was going on, a warrant was issued for the arrest of Troutman on a charge of assault and battery, whereupon he was taken into custody. The trial lasted parts of two
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days. In the meantime, the Crosswhites were on their way to Canada, where they subsequently arrived, and where they were no longer in fear of being molested by slave hunters or taken back into bondage.
Troutman was released from custody, when he and his associates re- turned to Kentucky, where a full report was made and wide publicity given. The whole state of Kentucky became inflamed by the reported "outrage committed at Marshall, Michigan." A mass meeting was held by the citizens of Trimble and Carroll counties, of sufficient influence, to bring the whole matter to the attention of the Kentucky legislature, where the subject was referred to a Committee on Federal Relations. The committee, on the affidavit of Troutman as to the facts in the case at. Marshall, recited these as a sort of preamble, in which they said, "The Committee on Federal Relations, to whom were referred the pro- ceedings of the people of the counties of Trimble and Carroll, in relation to a recent abolition mob in the town of Marshall, in the state of Mich- igan, have had the same under consideration, and submit the following report :
"It appears to the satisfaction of the committee that one, Francis Troutman, was employed as agent and attorney in part for one, Franeis Giltner, in the county of Carroll, to go to the said town of Marshall, in the state of Michigan, to reelaim, take and bring back to the state of Kentucky, certain fugitive and run-away slaves, the property of said Giltner; that said Troutman proceeded under authority of law thus given him, to the said town of Marshall, for the purpose of reclaiming and bringing home to the owner the slaves aforesaid; and while en- deavoring to arrest said slaves, a mob composed of free negroes, run-away slaves and white men, to the number of from two to three hundred, for- hid said Troutman, and those who accompanied him for that purpose, to arrest and take into their possession the slaves aforesaid, and by their threats, riots and disorderly conduct, did prevent said Troutman, and those associated with him for that purpose, from taking into their pos- session the slaves aforesaid."
Following the report is a series of resolutions, one of which is addressed to the legislature of Michigan, one to the senators and repre- sentatives in congress, and one to the governor of Kentucky, requesting that the resolutions be sent to the governor of the state of Michigan and to the senators and members in congress. The resolutions were passed, duly authenticated by the great seal of the state and forwarded as di- rected, accompanied by a lengthy affidavit by Francis Troutman.
On December 20, 1847, the report and resolutions of the general assembly of Kentucky on the Marshall affair were reported in the senate of the United States and referred to the committee on the judiciary and ordered printed. May 3, 1848, in the senate of the United States, Senator Butler from the judiciary committee, submitted his report, which was ordered printed and 10,000 additional copies were ordered printed for the use of the senate.
From the legislative point of view, the result of the whole affair was the strengthening of the law of 1793, having for its objeet the recapture of escaping slaves. It also exerted an important influenee in favor of the passage of the famous Omnibus bill, fathered and supported by Mr.
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Clay, at that time a senator from Kentucky, in which was a paragraph, embodying the famous fugitive slave law. That law and its attempted execution exerted a powerful influence in precipitating the war of 1861- 1865, which resulted in the abolition of slavery wherever the constitu- tional authority of the United States extends. The legal aspect of the case engaged national attention. In June, 1848, in the city of Detroit, before Justice MeLane, a distinguished member of the federal bench, there was brought to trial, Gorham, Comstock, Hurd and others, for pre- venting the capture of escaped fugitive slaves. Troutman had returned from Kentucky with plenty of money, and an imposing array of council to engage in a battle royal, this time in the legal forum. The interests of the defendants were looked after by equally able attorneys. In the first trial, the jury, after being out all night, reported a disagreement, and were discharged. The second trial took place in the following No- vember, in which the jury rendered a verdict for the plaintiffs for $1,926.00, the estimated value of the slaves, and costs. .
The case not only attracted state wide but national attention. Among those who took an especial interest in the trial was Zachariah Chandler, then a prosperous merchant and rising political power in Detroit. Chandler, at that time a man of thirty-five, was thoroughly in sympathy with the defendants in the trial. He was a stranger to Mr. Gorham, but he sought him out and made his acquaintance. When the verdict was rendered, he tendered material aid in paying the costs of the trial. From that time, Chandler and Gorham were fast friends to the end of life. Gorham had always been a Democrat, but when the Republican party was born under the oaks at Jackson, he allied himself with it and never after departed from it. In later years, when Mr. Chandler was a Sena- tor of the United States and a power in national politics, Mr. Gorham was appointed, by President Lincoln, minister to the Netherlands, a diplomatie post of honor and dignity, which post he filled with great acceptance to the government he represented, and with entire accept- ability to the Netherlands. Later, when Mr. Chandler beeame secretary of the interior during the administration of President Grant, Mr. Gor- ham was made assistant secretary. Mr. Gorham long survived most of his distinguished contemporaries, dying at an advanced age, honored and esteemed by all who knew him.
CALHOUN COUNTY VETERAN BATTALION
By H. M. Miller, Colonel of Battalion.
From official records of the state, Calhoun county sent to the front in 1861 to 1865, twelve companies of infantry. seven companies of cavalry, three companies of sharpshooters, two companies of engineers and mechanics, two companies of artillery, with one company of colored infantry, which gave the county rank with the five best counties of Michigan, furnishing largest number of soldiers during the war.
In the year 1890, the survivors of these companies completed the organization styled "The Soldiers and Sailors Calhoun County Veteran
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Battalion" of which all honorably discharged soldiers and sailors may become members.
The officers of the battalion are as follows: Colonel, Lieutenant Colonel, Major, Surgeon, Adjutant Chaplain, Quartermaster, Sergeant Major, Quartermaster Sergeant, and an executive committee.
"The Woman's Relief Corps" auxiliary to the Grand Army of the Republic, together with the "Sons of Veterans," who must soon take their fathers' place, and on whom rests the responsibility of perpetuat- ing their memories, are earnestly enjoined to take part in all reunions in that fraternal spirit, known only to those whose interests are so closely interwoven as to be identieal.
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