USA > Michigan > Cass County > History of Cass county, Michigan > Part 36
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by suit brought in the Circuit Court, March 12, 1879, to eject. Judge John B. Shipman decided adversely to the county, and the case was carried up to the Supreme Court of the State of Michigan, and heard at the October term, 1880. Edward Bacon appearel for the plaintiffs, and Howell & Carr for the defendents. viz., Charles G. Banks, John Tietsort, Sylvador T. Read, John L. Yost, Joseph Smith, Andrew J. Smith, Stephen Harrington, Granville Sinith, Jeremiah B. Chapman, James H. Farnum, Asa Kingsbury, Henry C. French, Darius L. French, William W. Mellvain, Orlando Phelps and the First National Bank of Cassopolis.
The Supreme Court sustained the court below, the opinion being delivered by Justice Cooley ; and so ended a quite remarkable suit.
From the decision we condense in part, and in part quote. the history of the Public Square of Cassopo- lis.
" In October, 1835, the Board of Supervisors voted to erect a court house on a lot designated, not the public square, and one was erected and used until 1841. when a new one was built. August 7, 1839, the County Cominissioners of Cass County, who had succeedled to the rights and powers of the Supervisors, for the nominal consideration of $6,000 gave a deed to Darius Shaw, Joseph Harper, Jacob Silver, Asa Kingsbury and A. H. Redfield of all that certain tract or parcel of land in said village of Cassopolis, first, the public square and public grounds with their priv- ileges and appurtenances. for the uses and purposes for which said square and grounds were conveyed to said county, reserving the privilege to erect a court house on the north east quarter ; and, second, a large number of other lots which had been donated to the county. The deed was an ordinary deed of bargain and sale, and contained the usual covenants. Simul- taneously, the grantees in this deed gave to the Com. missioners their bond in the penal sum of $12,000, conditioned as follows : ' Whereas, certain village lots in said village of Cassopolis, and certain suins of money were formerly given to said county of Cass, by the original proprietors of said village, and by others, for the purpose of erecting public buildings in said village for the use of the county, and whereas, the said Con- missioners have this day given to us a warranty deed for a certain part of said village lots and property, and also one order upon the treasury of said county for the sum of $2,000. Now, if we, the said Darius Shaw. Asa Kingsbury, Jacob Silver, Joseph Harper and Alexander H. Redfield, shall erect, or cause to be erected in said village within two years from the date hereof, on such ground as the said Commissioners shall select, a court house, 54 feet in length (etc., giving
*Mr. Watts resigned and the varancy so caused was filled by Irving V. Sherman.
CASSOPOLIS UNION SCHOOL.
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HISTORY OF CASS COUNTY, MICHIGAN.
full specifications), then this obligation to be void, otherwise to be and remain in full force and virtue.' The court house was completed in accordance with this undertaking, the northeast quarter of the public square having been designated as the location.
" In 1853, a new jail was erected by the county on the same quarter of the public square with the court house, and, in 1860, a builling for county officers was erected on the northwest quarter of the same square. These are all the public buildings, which have ever been erected on the public square, and they left the south half of the square entirely unoccupied. When the county ordered the erection of the build ings for county officers, on the northwest quarter of the square, the grantees in the deed from the County Commissioners of August 7, 1839, protested against their action, and notified the Supervisors that the county did not own all of the public square, but their protest was not heeded It will be perceived that this action took place twenty-nine years after the plat was made, and after the square was dedicated to the public, if any dedication was made by that plat.
" The condition of the square, then, in 1860, was this : The county had placed two public buildings on the northeast quarter, and one on the northwest quar- ter. The other two quarters, which were separated from the occupied parts by streets, were not occupied by the county in any manner, nor does it appear that there was any proposition by the county to make use of them for any public purpose. A deed of the whole square had been given by the County Commissioners to the parties who erected the court house, but what idea respecting its ultimate disposition was in the minds of the parties at the time, we are not advised. The uses for which the square was conveyed to the county were alluded to, as if they were to be observed and accomplished ; but, if the square was to be devoted exclusively to public buildings for county use and occupation, it seems a very idle and absurd thing to include it in the deed at all The other lots conveyed were for the benefit and enjoyment of the grantees, to compensate them for their expenditures in erecting the court house, and a strong inference arises that some personal advantage to the grantees from the con- veyance of the square was expected also, or at least was looked upon as possible. It may perhaps have been thought that only a part of the square would be required for public buildings, and have been inten.led that the remainder would belong to the grantees. It is certain that as early as 1860, these parties began to claim as their own all that had not been previously appropriated by the county for a court house site.
"In 1836, Kingsbury commenced business as a merchant in a store situated immediately south of the
southwest quarter of the public square, and used in connection therewith, a part of that quarter for the storage of lumber, shingles, barrels and boxes and with a hitching rack for horses. In 1856, he built a new store seventy-two feet in length, with stone founda- tion, one foot of which for the whole length was upon the square. The cellar-ways for the store were on the square, and were walled up at the sides with stone. This store with the cellar-ways has since been occu- pied by Kingsbury and his lessees, and use has been made of the southwest quarter in connection there- with. From 1858 to 1869, a tenant had heavy scales on the square, set over a walled pit, near the center of the quarter; he moved them this year last men- tioned to another part of the same quarter where he continued to use them.
In 1865, Joseph Harper and Darius Shaw deeded their interest in the public square to Daniel Black- man. Redfield also deeded to Blackman in 1869. In 1870, Blackman deeded to Kingsbury ; the heirs of Tietsort gave him a deed in the same year, and Silver another in 1873. Blackman, it seems, had set up some claims of title to the southeast quarter of the square in 1863, and had erected a building upon it which he rented for a law office until 1878, when it was moved away and a brick store erected in its place. The Judge's finding states that the southeast quarter is now built up and claimed by the occupants. In 1868, Kingsbury platted the south west quarter of the square into six lots, and sold five of them to persons who erected two-story brick stores thereon, which they now occupy and claim as owners. Kingsbury also erected a similar building for a banking-house. The value of these buildings is $35,500; the value of the six lots without the buildings, $2,200. The build- ings were completed in 1869-70; they have been taxed to the occupants and the taxes paid ever since 1868.
" In addition to the foregoing, it seems important to mention only the following facts : In 1842, the Board of Supervisors by resolution requested the prosecuting attorney to examine the records of the county and ascertain whether there was on record any deed or deeds from the original proprietors of the village of Cassopolis conveying to the county the whole or any part of the county square for the purpose of erecting the necessary county buildings, and if so, whether suffi- cient or not. and if not, what means should be employed to perfect the title. The records of the Board do not appear to show any response to this resolution. In March, 1865, the board passed a resolution reciting that certain individuals had put buildings or other fixt- ures on the public square which the board had here- tofore permitted to remain without rebuke; therefore,
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HISTORY OF CASS COUNTY, MICHIGAN.
John and Samuel Jennings carried on business for about one year.
Henly C. Lybrook and Baltzer Lybrook formed a partnership and began business about the same time as the above. The former soon bought out his part- ner's interest and went in with W. G. Beckwith. About 1845, H. C. Lybrook, B. F. Silver and Simeon E. Dow formed a partnership and carried on business for a number of years.
In 1846 or the following year, Ezekiel S. and Joel H. Smith opened in business where L. D. Sinithi is now located, and from there moved to the Morse property on the corner of Broadway and York streets.
Silver & Dow sold out of the firm of Lybrook, Silver & Dow and Joshua Lofland bought in. In 1847, Lofland & Lybrook took as a partner Maj. Joseph Smith. The brother of the latter, Henry W., also had an interest in the store, and in 1850 Lofland & Lybrook sold out to the Smiths and went to Dowagiac, where they took as a partner G. C. Jones. The firm of Joseph Smith & Co was dis- solved two or three years after its formation, Henry W. retiring. Joseph Smith carried on the business alone until 1855 when he sold out to S. T. & L. R. Read. The business was carried on in the brick building now occupied by Mr. Davis as a restaurant, which was built by Mr. Smith in 1851. Not long after the Messrs. Read bought the stock of goods, they moved them to another building, and Mr. Smith some time afterward resumed business and followed it with some intervals until within a few years of his death in 1880. IIe built in 1869 the large, double store which his son, L. D., who was his partner and successor, now occupies.
In 1851, a partnership was formed between the Dowagiac firm of Lofland, Lybrook & Jones and J. K. Ritter, of Cassopolis, for carrying on business in the latter place. The firm name was J. K. Ritter & Co., and the interest was divided equally between Mr. Ritter and the company. In 1855, Mr. Ritter bought out his three partners and conducted the busi- ness alone from that time until 1858, when B. F. Beeson became a partner. 'Tbey discontinued in 1861.
M. B. Custard and Clark Bliss opened a store in 1855, but did not long remain in business.
In this year, as has been said, S. T. & L. R. Read bought out Maj. Smith. Mr. L. R. Read re- tired from the store to his farm, however, in 1857. Three years later, he again went into partnership with S. T. Read, and remained until 1865. His place in the firm was taken by W. W. Mellvain. In 1871, S. T. Read sold out to Orson Rudd, and the firm was known as Rudd & McIlvain. In 1873, Mr. McIlvain
became the sole proprietor, but a short time after took in Orlando Phelps. In 1880, George Kings- bury became the third partner.
M. B. Custard and Dr. A. Garwood bought out Maj. Smith in 1862, and continued in business for two or three years, selling out to a Mr. McKee, who in turn sold to a Mr. Birney.
From 1856 to 1861, John Tietsort carried on the first store in which boots, shoes and clothing were sold exclusive of other goods.
W. W. Peck, who came to Cassopolis in 1853, and clerked for Lofland & Ritter, went into business on his own account in 1860. A year later the firm was Banks (Charles G.) & Peck. In 1863, the firm sepa- rated. John Tietsort formed a partnership with Banks, and they carried on business together for ten years, or until 1873, when they closed out. On closing his partnership with Mr. Banks, in 1863, Mr. Peck went into company with Albert P. Maginnis, with whom he remained until his death in 1879. A. H. Myers was then associated with Mr. Maginnis, and the next change resulted in the establishment of Myers Brothers.
J. K. Ritter and A. E. Peck formed a business partnership in 1865, but Mr. Ritter soon bought his partner out, and continued the business alone until 1875.
Orlando Phelps and H. L. Cornwell began business in 1870, in the store now occupied by L. D. Smith, and continued for about four years.
The various firms thus far mentioned carried on "general " stores, the earliest of them having the most comprehensive stocks of goods. The several lines of trade have not had a separate line of existence until comparatively recent years. Especially is this trne of the grocery line, in which the first store was started by Charles E. Voorhis. S. B. Thomas and A. Hilts followed him, the former in 1876 and the latter in 1879.
Drugs were kept by all of the merchants at an early day, and were not made a specialty until about 1846, when Alexander H. Redfield and George B. Turner opened a store in the brick building which stands next to Capt. Harper's residence. The firm also sold fine family groceries and books. They sold out to Horace B. Dunning. He continued in business alone until 1859, when he took A. B. Morley as a partner. They carried on business alone until Dunning died, and then Morley continued it until his death. The stock was then bought by Shelly & Banks, of whom W. D. Shelly is the successor.
Dr. L. D. Tompkins began selling drugs in 1:57. James Boyd became his partner in 1859, and in 1865 the firm was Tompkins, Kelsey & Treadwell. Dr.
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DAVID M. HOWELL.
The subject of this sketch is a man whose life bae been prominently identi- fied with the loteresta of Cassopolis aod of Casa County. He was born in Chempaign County, Ohio, May 27, 1817, and wasthe con of Joshua and Christina Howell, who reared a family of six children, of whom the subject of our aketch waa the youngest. His father was A Virginian by birth and his mother waa born in Maryland, but reared in Virginia. In that State they were married in the year 1800, and ten years later emigrated to Ohio. Subsequent to the birth of D. M. Howell, the family moved to Darke County, and from there they came to Michigan io 1834. They stopped for a short time with Joseph Herter, one of the pioneers of Howard Township, whose wife was a daughter of Joshua Howell ; but 6000 after their arrival the father located at Bertrand, Berrieo County, where he kept a hotel for a number of years. The son divided hie time between the house in Bertrand and bia brother-in-law's in Howard (spending the greater part in the letter place), and io 1842 both parante and son removed to Cassopolis. Mra. Howell died io 1866, eod 60 were separated husband and wife who hed lived together for the extraordinary period of sixty-slx years. She was eighty-eight yeera old at the tima of ber destb. Mr. Howell removed to Dowegiac and made his home with a daughter until bis deeth, which occurred apon the nioetieth anniversary of his birth in 1869.
The cause of the removal of the family to the county sent in 1842 was the electlon of David M. Howell to the office of Register of Deede, in November of that year. Juet here we may perhaps more appropriately than elsewhere al- lude to the great misfortune under which the subject of our sketch labored. When two years and a half of age he became a hopeless cripple, Josing the use of bia lower limbs. His parents, however, not willing to admit the entire hope- lessness of bis case, contioned for several years to seek a cure, visiting many eminent physiciane and receiving varied coonael ae to the treatment of the little unfortunate, but all to no avail. The boy was given a good common- school education, and, being naturally bright and of quick perceptions, learned rapidly in that other school io which the teachers are observation and experi- once. Upon arriviog at manhood he was well equipped mentally for the work of the world, but physically incapacitated from entering many of the callings open to others. His election to office was hence to him a greater booo than it
would have been to most men. It gave him a start in the world, and it was gratifying besides es showing the good will of the people and Their recognition of bis intellectuel capacity. Ha had before this been twice elacted as Clerk sod ooce as Jostice of the Peace of Howard Township-positions which were of very trifling value eave for tha compliment which was conveyed in ita bestowal. When he entered the office of Register of Deeds, he was the poeseeeor of just 95 centa in money. He reteined the office by successive elections for twelve years. Duriog one-half of that period he was also a Juetica of the Peace' and for a long term of years he did the business of Deputy County Clerk and of Treasurer. Io 1846, he bought the land in Penn Township, juat east of Cassop- olie, on which be bas lived since 1858. It was covered with timber when purchased by Mr. Howell, and has been cleared and improved under his direction. Mr. Howell, since his removal from the village, ae before, bas taken an active part in business and public affairs. Ha has ever been a zealous advocate of improve- meot in educational metboda, and a friend of almost every project for the ad- vancement of the good intareata of society. He took a prominent part in the organization of the Casa County Agricultural Society and for many years was one of ita officers. He was one of the original stockholders of the First National Bank, was elected ita first Vica President and bae beld that position continu- ously since. Three times he has been elected as Contty Superintendent of the poor, and he served in that capacity almost nine years.
Mr. Howell has always desired in some public manoer to express the senti- ment he bas entartained toward the people of Case County irrespective of party -a sentiment of profound gratitude for the many favora he haa enjoyed at their henda and for the confidence they have reposed In him. To this be at- tributes chiefly the successfulnesa of his life. But it ie due bim to say that he possessed in himself the integrity, the Jodoetry and the ability which com- manded the respect of the people and which mada it possible for him to die- charge the duties of those etationa to which he bae been called.
On the 1st of March, 1846, Mr. Howell was married to Mies Martha Ann Anderson, of Pokagon Township, who lived with him notil ber death in 1869. The offspring of this union was one eon, Marshall L., who occopied a prominent position at the bar of Case County. Mr. Howell was married to his second wife, Mrs. Charlotte Reynolds, in 1870.
RESIDENCE OF D. M. HOWELL, PENN, MICH.
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169
HISTORY OF CASS COUNTY, MICHIGAN.
A. B. Treadwell remained in the partnership but one year, and the firm has since been Tompkins & Kelsey (W. J.) H. J. Webb started in the drug business in 1870, sold out to Albert Gaston, but soon repurchased the store and has since carried on the business unin- terruptedly.
In the line of men's clothing. furnishing goods and boots and shoes, the oldest of the present houses is that of Read (S. T.) & Yost (John L.), who began business in 1871. Chapman (J. B.) & Farnum (J. H.) have sold boots and shoes and furnishing goods nearly as long, and Moses Stern since 1880.
Harrington & Smith opened a large general store in 1876.
The first man who sold hardware exclusively was D. L. French. He began business in 1862, coming from Dowagiac, and bringing a very small stock of goods and a few implements for carrying on the tinner's trade. He began alone, and three years later took his brother Samuel into partnership. This business relation did not last more than a couple of years, and two years after its expiration Mr. French associated with himself the Rev. William L. Jakways. After a year and a half, they dissolved partnership and Mr. French bought another stock of goods of George Berket, of Cassopolis, to which he added a stock purchased in Buchanan of H. C. French, who became associated with him under the firm name of D. L. & H. C. French. This was in 1869. The firm has carried on business since then until Novem- ber, 1881, when H. C. French withdrew.
Rev. William L. Jakways continued in the hard- ware business only about a year and a half, a portion of the time having a Mr. Codding as partner.
Wilson Kingman and H. J. Webb began in this business in 1867 and carried it on for a year.
Zaccheus Aldrich and A. N. Armstrong opened a hardware store in 1877. Mr. Aldrich soon withdrew and Mr. Armstrong carried on the business until January, 1882, when he sold to Wagor & Reynolds.
Messrs. Sears & Messenger have carried on a busi- ness in agricultural implements since 1879, and Mr. William Sears, the senior partner, has been in the business for a long term of years.
Thickstun & Beringer, dealers in lumber, coal, salt, etc., have been established since 1878. The business has been in the hands of D. C. Thickstun. This company bought out McConnell & Son. Orson Rudd and a Mr. Granger have also had lumber yards in the village.
Harness was first manufactured and sold by P. B. Osborn as early as 1843. J. P. Osborn, his brother, went into business with him in 1844, and since 1847 has carried on the business alone.
In the line of manufacturing industry, the first vent- ure was made by the Silvers-Jacob, Abiel and Ben- jamin F .- in 1833. In the fall of that year, they put up the distillery near Stone Lake, which has been alluded to in this chapter. The frame was so large and made of such massive timber that it required the efforts of a very large number of men to raise it. The raising occupied three days' time, and was an episode of great interest in the history of the settlement. Nearly all of the male population of the central portion of the county assisted in the work, and each man was well rewarded by the Messrs. Silver. Each night Jacob Silver took two pans, one filled with dollars and the other filled with half dollars, and passing them around through the crowd requested each man to help himself to whatever amount he considered himself entitled to for his day's work. The raising was super- intended by Amos Huff, of Volinia, the contractor, Eber Root, being sick at the time. The distillery was run to its utmost capacity for a number of years, and the farmers in. the surrounding country received a great deal of money from its proprietors for their surplus corn. In 1836, the Silvers sold the property to John M. Barber, who, in the following year, trans- ferred it to Asa Kingsbury. It was subsequently carried on by Samuel Graham, and he in turn trans- ferred it to Charles Kingsbury.
The present manufacturing interests of Cassopolis are comprised in the bowl factory of Aldrich, Yost, & Co. (Jesse Harrison and James H. Stamp) ; the foun- dry of Messrs. Welling, Patch & Welling ; the steam saw-mill of William and Joshua Berkey ; the Alden Drier, carried on by Jones & Snyder ; the flouring mills of the Messrs. Rudd and Matthew Lindsey ; the cabinet and furniture shops of D. S. Jones & Son and Miles H. Barber; the ashery of Charles F. Shaw and the steam grist-mill, owned by Hopkins & Sons.
The bowl factory was started in 1876, by G. G. Williams, and the Alden Drying Works were put up the same year. The foundry, which antedates them both, was started by John Decker. The steam grist- mill and the ashery were put in operation in the latter part of 1881. An establishment of the latter kind was started prior to 1850, by J. C. Saxon, and for a time carried on by Samuel Graham, who did a large business. The Messrs. Rudd were actively engaged for a number of years during the seventies in manu- facturing a patent gate, which was extensively sold in Cass County.
THE FIRST NATIONAL BANK.
Asa and Charles Kingsbury began a private banking business in 1855, but dissolved partnership in 1857, and Asa Kingsbury carried on the business alone until
U
170
HISTORYOF CASS COUNTY, MICHIGAN.
the present National Bank was organized in Novem- ber, 1870. The incorporators and stockholders were : Asa Kingsbury, S. T. Read, Joseph K. Ritter, Isaac Z. Edwards, David M. Howell, Charles W. Clisbee, Charles H. Kingsbury, Joel Cowgill, E. B. Sherman, Amanda F. Ritter and Daniel Wilson, of Cassopolis ; David Lilley, of Dowagiac ; James E. Bonine, of Vandalia ; N. Boardman, of Three Rivers ; E. M. Irvin, of South Bend; D. C. Read, of Kalamazoo ; and Henry F. Kellogg, of Elkhart. The first Direc- tors chosen were Asa Kingsbury, Joseph K. Ritter, David M. Howell, David Lilley, James E. Bonine and E. B. Sherman. The officers have remained the same from the organization to the present, viz .: Presi- dent, Asa Kingsbury ; Vice President, David M. Howell; Cashier, Charles H. Kingsbury. The capi- tal of the bank is $50,000.
HOTELS.
Ira B. Henderson was the first man who enter- tained "the wayfarer and the stranger " in Cassopolis. He opened a hotel in a double log cabin in 1831. In the following year Eber Root and Allen Munroe were licensed as tavern-keepers by the township authorities, who " considered taverns a necessity and the appli- cants of good moral character and of sufficient ability to keep a tavern." Mr. Root erected a frame building where the Cass House now stands, and Munroe became landlord of the house built by Elias B. Sherman, which is still standing upon its original site back of the county offices. This was known as the Eagle House. Root's hotel is at present the planing-mill of Matthew Lindsey, and still bears in faded letters the name, " Union Hotel." It was moved away from its original site in 1867, when the Cass House was built by M. J. Baldwin.
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