History of Ingham and Eaton counties, Michigan, Part 91

Author: Durant, Samuel W. cn
Publication date: 1880
Publisher: Philadelphia : D.W. Ensign & Co.
Number of Pages: 772

USA > Michigan > Eaton County > History of Ingham and Eaton counties, Michigan > Part 91
USA > Michigan > Ingham County > History of Ingham and Eaton counties, Michigan > Part 91

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

DR. - MUNSON came to Charlotte from Northern Ohio in 1845, and entered practice. His death occurred here in 1853.

DR. ALDEN B. SAMPSON, of whom notice will be found elsewhere, located in Charlotte in 1853, and engaged in an active practice. He was chosen to numerous important positions, among them that of judge of Probate, which he held four years. He was a graduate of Berkshire Medieal College, Massachusetts. During the last few years of his life he practiced but little. His death occurred in 1868.

DR. CHARLES A. MERRITT, a native of Massachusetts, removed to Ashland Co., Ohio, in 1851, and in the winter of the same year entered the Michigan University, from which he was graduated in the spring of 1855. He came immediately to Charlotte and commeneed practice, which he still continues, although not so extensively as in previous years, owing to the amount of other business on his hands. He is a nephew of Dr. Sampson, and upon the death of the latter became the manager of the property left by him.

Until about 1860 the physicians of Charlotte practiced in most of the townships in the county. The towns were sparsely settled, and those in the remote portions of the county had no physicians as at present. The roads were bad, and the greater part of the ride was performed on horseback. From 1860 to 1870 the medical fraternity of Charlotte was largely inereased, some of the more worthy and prominent members being DRS. S. W. SLATER, I. T. Fours, and G. B. ALLEN, who are still in practice here. DRS. FOWLER, ISHERWOOD, PERKEY, and numerous others remained for a few years and sought other fields. DR. PHILO D. PATTERSON, formerly of Kalamo, is at present residing at Charlotte, in active practice, and has become a prominent citizen of the county.

KALAMO.

At Kalamo village the first physician was DR. J. P. CESSNA, who was also engaged in mercantile business. DR. SAM. PERKEY (afterwards of Charlotte) practiced with him. Others have been DRS. E. J. EMMONS, JOSEPH GRISWOLD (now of Grand Rapids), J. H. JOHNSON, - BAILEY (since of Lansing), F. L. SNELL (homoeopath), and A. W. ADAMS. The last two are now in practice at the place.

CARLISLE.

At Carlisle, DR. JOHN W. HALL, who died in 1878, had lived about thirty-three years, and practiced until failing

health compelled him to desist. DR. JEFFERS, now of Coldwater, DR. PHILO D. PATTERSON, now of Charlotte, DR. BACON, and DR. SIMPSON, practiced for a longer or shorter time in the vicinity.

SUNFIELD.

Sunfield has generally been supplied by physicians from Vermontville, but within recent years DR. CHARLES SNY- DER has located at " Shaytown," and at present has a very successful praetiee.

ROXAND.

DR. HENRY A. HOYT, of Hoytville, is a graduate of the New Haven Medical College, and commenced the practice of medieine in Roxand in 1867, after a short time spent in practice in Ohio. He had served also in the army, and continued to practice about three years after coming to his present location. He is now engaged in the mercantile business at Hoytville, where DR. A. N. HIXSON is at present practicing. DRS. THOMAS ARMSTRONG and A. J. ERVEY are located in the southeast corner of the township, at Maxson's Corners.

GRAND LEDGE.

At Grand Ledge DR. DAVIS and others are engaged in practice, and several other physicians of the old school are located in other parts of the county.

OLIVET.

DR. ASA K. WARREN, the oldest physician in the place, came to Olivet in 1859, from near Buffalo, N. Y. Ile had attended lectures at the Michigan University in 1854-55, and in 1855-56, and was graduated from the medical de- partment in 1856, standing second in a class of over thirty. IIe began practice in June of the same year in Erie Co., N. Y., where he remained until 1859, when he came to Olivet, and has since made the latter place his home. He is a native of Eden, Erie Co., N. Y., and was gradu- ated at Oberlin College, Ohio, in 1853. He is still prac- ticing to some extent, though having other business to attend to. His father was a member of the New York Legislature from Erie County. In 1873 the doctor was elected to the Michigan Legislature, and to the State Senate. in 1875. In the House he was chairman of the Commit- tee on Education, Engrossment, and Enrollment, and a mem- ber of the Committee on Railroads and Geological Surveys. He has held numerous other responsible positions in his township and village. His wife is a daughter of Stephen G. Mead, a former prominent citizen of Olivet, who came from Vermont and settled at the place in 1845. He is now deceased, and his widow resides with her son-in-law, Dr. Warren.

DR. MORDECAI L. MEADS, a graduate from the medieal department of the Michigan University in 1858, began practice in Somerset, Hillsdale Co., his ride extending also into the township of Moscow, in the same county. He afterwards removed to Spring Arbor, Jackson Co., and in 1873 came to Olivet and practiced extensively for about three years. He is now in the drug and grocery business at Olivet, having been obliged to relinquish active practice on account of failing health.

* Contributed by Dr. Charles A. Merritt.

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HISTORY OF EATON COUNTY, MICHIGAN.

DR. CHARLES H. MEAD, of Olivet, is a graduate of the Eclectic College of Chicago, and has a large practice, and DR. L. P. HAZEN, homœopathist, has also a share of pat- ronage.

HOMEOPATHY IN EATON COUNTY.

The oldest homeopathie physician in the county is DR. GARDNER T. RAND, of Charlotte. He is a native of Cheshire Co., N. II., and when fourteen years of age re- moved to Worcester Co., Mass. In 1837 he emigrated to Michigan, and settled in Jackson County, from which he removed to Eaton Rapids, in 1842, and engaged in mer- cantile business with his brother, Daniel Rand, who had settled in 1837. The latter died, and the doctor continued the business alone until about 1852, practicing medicine after about 1848. He had induced Dr. Joseph P. Hart, of Eaton Rapids, an old-school physician, to adopt homœop- athy, and after the death of the latter Dr. Rand took his books, medicine, and practice. Io January, 1857, he was elected county treasurer, and removed to Charlotte, where he has since resided. He is a graduate of the Hahnemann Homeopathie College, at Chicago. He was county treas- urer eight years, supervisor of Carmel township five years, and is now serving his eleventh year as county superin- tendent of the poor.

DR. WARREN H. RAND, of Charlotte, son of Dr. G. T. Rand, was born at Eaton Rapids. In March, 1877, he was graduated from the Homoeopathic Department of the Michigan University, and has since been engaged in an active practice at Charlotte.

DR. J. R. HYDE, of Eaton Rapids, was born in Peter- borough, Hillsborough Co., N. II., April 8, 1833, and on the 7th of July, 1842, arrived in Eaton Rapids with his parents. His father, Rufus Hyde, died in 1869. Dr. IIyde studied at Eaton Rapids, attended lectures at the Cleveland LIomœopathie College in 1856-57, and gradu- ated from the same institution in 1861. He has been en- gaged in practice at Eaton Rapids.

DR. D. H. LONG, now practicing at Eaton Rapids, studied with Dr. Hyde, attended lectures at Cleveland, and graduated at the Hahnemann Homeopathie College of Chi- cago. Ile was associated with Dr. Hyde, both in study and practice, for about six years, and l'or three years was in company with him. Drs. Hyde and Long have a large practice.

Other homeopathie physicians of the county are C. J. COVEY, of Grand Ledge; L. P. HAZEN, of Olivet; W. H. HOFFMAN, of Dimondale; C. II. MEAD, of Olivet ; F. L. SNELL, of Kalamo; and L. A. SNELL, of Vermont- ville.

HISTORY OF THE COURTS AND BAR OF EATON COUNTY .*

The first terms of the Circuit Court in this county were held at Bellevue before the location of the county-seat at Charlotte. The Circuit Court journal opens with the fol- lowing entry :

" The Circuit Court for the connty of Eaton having been opened in pursuance of law by the sheriff of said county en the 31st day of

May, 1838, at five o'clock P.M., there not appearing a quorum of judges, S. S. Church, one of the associate judges, being present, ad- jourued said court to the next day, at Ien o'clock A.M.

"W. R. CARPENTER, Deputy Clerk."

Upon the next day, June 1, 1838, the entry is more formal, showing that the court is opened

" At the court-house in the village of Bellevue, in said county," and that Epaphro. Ransom, Circuit Judge, and S. S. Church, Associate Judge, are present. The entry then recites the return of the first venire issued for a grand jury and the calling of the jurors. The fel- lowing persons appeared und answered to their names : James W. IFickok, Eliel Bond, Ruloff Butler, Samuel Higgins, Reuben Haskell, Reuben Fitzgerald, Andrew W. Rogers, George S. Browning, Wnit J. Squier, John T. Ellis, Ephraim Follett, David Judson, Isane Dubois, Nathan G. Hedges, Jnmes Kimberly, Aaron White, Jehn B. Crary, Timothy Ilaskell, Norman S. Booth, Charles Hunsiker, Christopher Parsons, Bezaleel Taft, Abner Carpenter, Jr. " All good and lawful men of the county ef Eaten."

Reuben Fitzgerald was appointed foreman of the grand jury by the court and authorized to issue subpoenas for and administer oaths to witnesses. The grand jury, being sworn and charged by the court " to inquire in and for the body of the county of Eaton, retired to consider the busi- ness appertaining to them."

The grand-jury system, though not yet abolished, has nearly fallen into disuse. The bill of indictment found by the grand jury against an accused person formerly took the place of the information which is now filed by the prosc- euting attorney upon preliminary examination before a magistrate. The sessions of the grand jury were in private. Each juror was sworn to secrecy, and " to present no per- son for envy, hatred, or maliee, and not to leave any person unpresented for love, fear, favor, affection, or hope of re- ward." They were usually carefully instructed and cau- tioned as to their duties in a somewhat lengthy and impres- sive charge by the court before retiring. It was the duty of the prosecuting attorney to attend before them when requested by the foreman, to assist in drawing indictments or in the examination of witnesses. Any person wishing to make complaint of any offence against the law was ad- mitted before this body and permitted to tell his story under oath. Any of the jurors could ask questions. After hear- ing the complaint the complainant was requested to with- draw. The jury then discussed and decided whether they would proceed further with the inquiry. If a majority de- sired further investigation witnesses were brought in one by one and separately examined as to their knowledge of the matter complained of. After hearing the testimony, minutes of which were kept by one of their number who acted as clerk, twelve of their number, if they concurred, could find a bill of indictment, upon which document the foreman certified that it was "a true bill." It was not per- missible for even the prosecuting attorney to be present while the jurors were expressing their opinions, so that it could not be known by the outside world which of the jurors favored or opposed the indictment. The drawing of the indictment required not a little legal skill and readiness, for the presentation of this bill was usually followed, after ar- raignment, by a motion to quash by the attorney for the defendant. When one or more indictments were ready for presentation to the court the entire jury were escorted by an officer into the court-room. All other business in court

· By E. A. Foote, Esst.

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THE PROFESSIONS.

was at onee suspended, silence prevailed, and every eye was fixed upon this formidable array of inquisitors. The court very politely and deferentially asked the foreman if the jury had any business to present to the court; when that personage, if he had business, arose and handed some papers to the clerk, who took them, and without looking at them to see whether lie himself was indieted, at once handed them to the judge, who, upon looking and finding that the clerk was not indieted, handed them back to that officer, who took them and carefully locked them up, informing no one as to who was indicted until the defendant, by virtue of a bench-warrant, had been arrested and safely lodged in jail to await his arraignment and trial, or placed under bonds for his appearance at the next term of court. After the defendant's arrest the indictment was placed on file, and became a publie record, open to the inspection of all persons interested. As this grand-jury system belongs to the past it is properly a matter of history.

Upon this first page of the court journal we find the appointment of Stephen H. Preston to aet as distriet at- torney for the county of Eaton during this term. This is the first mention made of an attorney. He then resided at Marshall. The journal also shows that the grand jury came into court and presented sundry indictments, and there appearing to be no further business for them they were thereupon discharged by the court.

The November term, 1839, was the last held at Bellevue .. While the terms were held there, the name of Martin S. Brackett is signed at one time as clerk, and at another as deputy clerk. He afterwards became one of the most prominent members of the Eaton County bar, and will be more particularly mentioned hereafter.

The old Eagle Hotel, which stood on the corner now occupied by the Phoenix House in Charlotte, was originally designed for a steam grist-mill, but the promise of having the terms of court held at the county-seat as soon as there could be a court-room and jail in readiness for occupation induced the mill proprietors to change their original plan, and convert the mill-building into one which would answer for a hotel, jail, and court-room. The building was made of smoothly-hewed timbers laid one upon the other, and dovetailed at the corners. The court-room was upon the second floor, and for a time answered for courts, dancing parties, and publie worship. Esquire Stoddard acted as landlord and jailer. The last session of the Circuit Court was held at Bellevue on the 28th and 29th days of No- vember, 1839. The journal entries are remarkably short and informal. The following are samples :

" THE PEOPLE OF THE STATE OF MICHIGAN

WILLIAM HENDERSON.

"The Defendant being arraigned pleads not guilty.

" Plea of not guilty withdrawn, and pleads guilty."

The next day we find an entry in the same case as follows :

" In this case the court assess a fine upon the Respondent of five dollars, and that he stand committed until said fine and costs are paid."

The above is all that appears of the case. I surmise from the size of the fine that the defendant had been in-

dicted by the grand jury for selling liquor to the Indians. At the previous term there is a similar entry against Chris- topher Darling, with a fine of five dollars and the addition of "indictment for selling spirituous liquor to Indians."

The journal next shows the court in session for the first time at Charlotte, on the 19th day of May, A.D. 1840. Epaphroditus Ransom, circuit judge, and Simeon S. Church and Amos Spicer, associate judges, are present. A grand jury appear and answer to the call of their names, and are sworn and charged. Among the names of these jurors we find those of Roger W. Griswold, Alonzo Baker, Asa Fuller, Bezaleel Taft, Simeon Harding (the first county treasurer and builder of the first frame house erected in Charlotte), Oramel D. Skinner, Phineas S. Spaulding, Aaron Bouton, Zebulon Wheaton, George Y. Cowan, and other well-known pioneers. There being no district attorney, the court appointed John Willard for that term. The journal entries are as short and informal as at previous terms. The name of Charles T. Moffitt oceurs as a litigant defendant in about ten suits. Alonzo Baker, plaintiff, and Erastus Ingersoll, defendant, seem to be in trouble.

Phineas Farrand, Abner Pratt, Gibbs & Sandford, and E. Bradley appear from the journal entries to be the at- torneys who are doing the business. One Henry Hewitt applies for admission to practice. Messrs. A. Pratt, Bradley, and Van Arman are appointed examining committee. Noth- ing further appears in regard to this application. Whether examined and admitted, or rejected, the journal does not tell.

Nov. 16, 1842, Judge Ransom's name appears for the last time on the journal of our circuit. According to the opinion of all who knew him, he was a good man and an upright judge. His charges to the jury were so clear and so free from technical terms that a boy twelve years old could understand them.

JUDGE RANSOM was appointed one of the judges of the Supreme Court of Michigan in 1836, and in 1843 became chief justice, in which position he remained until 1848. He was Governor of the State for two years from Jan. 1, 1848. He is personally described as " a man of command- ing presence, in height over six feet, in weight exceeding 200 pounds, with massive head and a voice of power. When off the bench it was his pride to mingle with the people, and lead them into talks about their farms and mechanical employments ; and he carefully noted the de- tails of their experience and tried to profit thereby. He was fond of and indulged in farming. He filled a United States government appointment in Kansas, and died at Fort Scott, Nov. 9, 1859. It is said of him that no man ever held a stronger hold upon the affections of the people of Western Michigan than Judge Epaphroditus Ransom. His residence was in Kalamazoo, to which place he moved from Townsend, Vt., in 1834."*

Judge Ransom was succeeded by Hon. Alpheus Felch, who opened his first term in our county Sept. 6, 1843. Presiding with him as associate judges were S. S. Church,

* From IIon. H. G. Wells' article, " Law and the Legal Profession," in History of Kalamazoo County, Michigan.

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HISTORY OF EATON COUNTY, MICHIGAN.

of Vermontville, and James McQueen, of Eaton Rapids. Austin Blair, since Governor of the State and represen- tative in Congress, is clerk, but acting by his deputy, F. F. White. Mr. Blair walked through the woods from Eaton Rapids.

In the case of the People vs. James McQueen, a nolle prosequi is entered by the prosecuting attorney. The Pco- ple conclude to prosecute no further one of the judges on the bench, who had been indicted by the grand jury for adultery, Nov. 17, 1841, on complaint of one James Phil- lips. On the day following Judge McQueen's indictment, November 18th, the same grand jury indieted Susannah Booth for perjury, committed before the grand jury during its examination of the complaint against Judge MeQueen. She had been called as a witness before the grand jury, and swore that she and the judge were entirely innocent of the charge alleged. After the matter has slumbered two years the People nolle pros. the ease. Modern taste in regard to judicial propriety would require a judge, while an indict- ment was pending against him in his own conrt, to absent himself from the bench. Judge Pratt would not permit a prosecuting attorney to act as such while an indictment was pending against him. The reason for such a rule would seem to apply with more force in the case of a judge.

In those days the statute provided for the election of two associate judges in each county for the term of four years. The circuit judges were justices of the Supreme Court, and presided together at Detroit, Ann Arbor, Kalamazoo, and Pontiae, at times fixed by law. They were nominated by the Governor, by and with the advice of the Senate,-one from each of the four judicial circuits,-and held office four years. Besides presiding together to form a Supreme Court, each justice was required to hold Circuit Courts in the several counties of his circuit, and he together with one or two of the associate judges, elected in each county, con- stituted the Circuit Court. The two associate judges could together hold the court, but one alone only had power to adjourn from day to day. The justice of the Supreme Court could preside with one or both of his associates. The Legislature afterwards changed this system by providing for a County Court to be held upon the first Monday of each month. A County Court judge was elected in each county to preside for four years, and also a second judge for the same term to preside in the absence or disability of the county judge. A short account of the working of the County Court in this county will be given farther along in this article.

To return to the associate judges. There seems to have been good reason for disconnecting them from the circuit judges, and giving them a County Court where once a month they could hold a term, sometimes called a debating- school for the benefit of the bar.

March 26, 1845, associate judges Oramel D. Skinner, of Windsor, and Phineas S. Spaulding, of Kalamo, were on the bench holding our Circuit Court during the absence of Judge Feleh. A. D. Shaw was clerk, but D. Darwin Hughes was assisting him as his deputy. M. S. Wilkin- son-then of Eaton Rapids, afterwards United States senator from Minnesota-was acting as proseenting attor- ney. The grand jury, with John Dow, as foreman, came

into court and presented a trne bill against James E. Fisher, of Brookfield, for assault and battery. Indorsed upon the indictment are the names of John Boody, com- plainant, Catharine and Peter Boody, witnesses. The doc- ument is filed by D. Darwin Hughes, deputy clerk. It was drawn by Mr. Wilkinson, prosecuting attorney. M. S. Brackett, attorney for defendant, thought it would be a good time to make a motion to quash. He had the clerk enter his motion upon the journal of the court instead of in the motion-book. We give his points :

" Ist. The title of the court is not properly stated."

(The indictment had it " State of Michigan. The Cir- cuit Court in and for the county of Eaton." The "in" ought not to have been in.)

" 2d. No particular day is alleged in such indictment on which the assault and battery was committed."

(The indictment has the time "on or about the 28th day of December, in the year cighteen hundred and forty- three.")

"3d. It is not alleged in said indictment with what inteot the as- sault and hattery was committed."

(Fisher may have been practicing the Swedish move- ment cure, with intent to improve Boody's health.)

"4th. Said indictment does not allege that the offense was com- mitted against the peace and dignity of the people of this State."

(The indictment says, " Against the peace of the Peo- ple of the State of Michigan and their dignity." Peace and dignity, it may have been urged, should not be disconnected. They belong together.)

" 5th. Said indictment does not allege in what township, parish, or ward said offense was committed ; neither does it allege that the of- fense was committed in any township in Eaton County ; and for other reasons appearing on the face of the indictment." Pending the argu- ment of counsel, the court adjourned until two o'clock P.M. They wanted the presence of Judge Felch.

The pleader in his indictment says :

" That James E. Fisher, late of the town of brookfield, in the said county of Eaton and State of Michigan (giving date), with force and arms at Brookfield, in said county, io and upon the body of one John Boody, Jr., in the peace of the people of the State of Mich- igan, then and there being did make an assault, and him, the said John Boody, Jr., then and there did beat, bruise, wound, and ill-treat and other wrongs," ctc.

(It will be seen by the reader of close legal mind that the first " brookfield" is spelled with a small "b," which is a field with a brook, and not the proper name of the town- ship in Eaton County. The next " Brookfield" commenees with a capital " B," but is not spoken of as a township, parish, or ward, and is not aided by the mention of town in connection with the first " brookfield," which is evidently another and different place.)

We can easily imagine how these honest farmers, neither of them lawyers, must have felt, with a whole Circuit Court, a grand jury, an indicted criminal struggling to escape through the meshes, and such a discussion as this, all npon their hands at once. How anxiously they must have looked from hour to hour for the arrival of Judge Felch !

Mr. Brackett, the maker of the motion to quash, was the most plansible and ingenious sophist the county ever pro- duccd. He never enjoyed the consciousness of being right

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unless in the wrong, and never felt himself in the wrong save when he happened to find himself in the right. He had a long face, expressive of solemnity, which became ap- palling as others laughed. D. Darwin Hughes was doubt- less busy hunting up law to hand to his former preceptor.

Of the ability of opposing counsel, M. S. Wilkinson, we can judge from the fact that he was afterwards appointed compiler of the " Wilkinson" statutes of Minnesota, named after him, and was by that State elected United States senator. Even though he spelled Brookfield with a small b, he must have had brains, which the " busy little b" stung into activity. Mr. Brackett probably magnified the importance of the size of the "b" until it appeared to the associates like the very keystone of the arch over the tem- ple of justice.

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History of Ingham and Eaton counties, Michigan, Part 91

Author: Durant, Samuel W. cn Publication date: 1880 Publisher: Philadelphia : D.W. Ensign & Co. Number of Pages: 772

Author: Durant, Samuel W. cn
Publication date: 1880
Publisher: Philadelphia : D.W. Ensign & Co.
Number of Pages: 772