USA > Michigan > Ionia County > History of Ionia County, Michigan : her people, industries and institutions, Volume I > Part 40
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"Grand and petit jurors had been summoned and were in attendance. but the early settlers of lonia county were better posted in cutting down trees and building fences and log homes than in the routine etiquette of courts; the result was, the grand jury got sadly bewildered in the mazes of the law and the prosecuting attorney had not the skill to get them out. In this dilemma it occurred to some of the smartest of them that the proper thing would be to send for the judge, and the attending constable accord- ingly was directed to go and bring the judge: but, being young, ignorant and withal bashful, hardly knew how to discharge his duty properly. The school house was one of the old-fashioned kind, having a door in the center of one end and the desk in the center of the end opposite. The constable went to the door, opened it a little ways and signaled to the judge. hoping to get his attention and thus call him out; but, although His Honor saw the signals, he failed to comprehend their import. The constable. finding that system of tactics failed, finally mustered the courage and, striding up to the desk, blurted, "Judge, the grand jury want you up town," and, turn- ing, strode out again. A momentary expression of astonishment fitted across the countenance of His Honor, but, quickly comprehending the situation of things, he took an early opportunity of excusing himself and went to the grand jury room and got the jury out of their trouble. then returning.
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finished his session. This, it is believed, is the only instance in legal practice in this state of a circuit judge being summoned from the bench before a grand jury."
Although the court journal cannot be found. the docket is still in a good state of preservation, and from its pages we learn that case number one was entitled, "Malachi Loveland and David Furman vs. Thomas Ander- son," action attachment. The second was, "James M. Nelson and George C. Nelson vs. James Anderson." action attachment. The third was, "O. Gayland Marron and O. B. Perry vs. James Anderson," action attachment. Writs in these cases were issued May 15, 1837, and returned May 26, with a report of nothing found. A few other small cases, including a few cases against some of the early settlers for furnishing whiskey to the Indians, was entered upon the docket. From 1837 until May, 1845, one hundred and ninety-two cases had been docketed.
ATTORNEYS.
Among the lawyers and law firms who in years prior to 1845 were conspicuous as practitioners in the circuit court of the county were Cyrus Lovell. Adam L. Roof. J. C. Abel, Charles Smith, Rathbone & Martin in 1837. C. P. Conklin, Bridge & George Martin in 1839. Alex. F. Bell, Bolt & Rathbone, Roof & Bell in 1840, Luke H. Parsons, Martin & Johnson, A. D. Rathbone, Louis S. Lovell, Rathbone & Chamberlain, Brown & VanArman in 1841, Porter & Bell in 1842, John C. Blanchard, S. M. Johnson. T. Romeyn, Bell, Roof & Blanchard in 1843; H. S. Jennings in 1844.
From an incomplete attorneys' roll on file in the county clerk's office. we find that during the years from November, 1855. to May. 1880, in- clusive. the following named attorneys have been admitted to practice in the courts of this county: John Toan, November 23. 1855 : W. B. Wells, June 10, 1856: Alexander W. Dodge, September 12, 1857: Morris B. Wells, May 3. 1859; Calvin Porter, May 7, 1859: W. W. Mitchell, October 1. 1859: C. C. Webb. December 9. 1859: J. M. Mathewson, July 3. 1860: John K. Truax. January 26. 1861: B. F. Spencer, October 10, 1863: Lem- uel (lute. November 15. 1864: Allen B. Morse. February 3, 1865: Moses B. Butterfield, August 18. 1865: W. Melvin Spencer, August 19, 1865: Charles E. Soule, John S. Bennett, May 19. 1866: Charles L. Morehouse and Frank Dumon, May 15, 1867; Charles L. Wilson and William Pratt. November 19, 1867: F. S. Hutchinson. William O. Webster. Edgar M (28)
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Marble, January 4, 1869; Thomas D. Scofield, Byrom Benson, March 29. 1869: William B. Thomas, July 2, 1870; G. W. Beelman, May 23, 1871 ; Frank A. Cahill, June 15, 1871; Joseph Sayles, August 16, 1871; Cassius O. Trumbull. December 7. 1871 ; Elvander W. Dodge, Seneca Woolford. February 10, 1872: Vernon H. Smith, William L. Strickland, August 9. 1872; llenry C. Sessions, December 23, 1872: Robert Garner, February 8, 1873; George A. Hawley, April 7, 1874: Frand D. M. Davis, Edward E. Williams, August 3, 1874; Jerome W. Carus, May 3, 1875: Richard D. Hudson, September 6, 1875: Adolphus A. Ellis, January 5, 1876: Jay Ses- sions, May 6, 1876; Louis H. Jennings, June 13, 1876; N. S. Basom, April 6, 1877: Clarence B. Wardle, John J. Inman, August 5. 1878: John R .. Crites, James Vosper, May 19, 1877: Sherman B. Daboll. February 7. 1879: Frederick H. Stowe, Palmer T. Williams, Frank O. Cook, March 24, 1870: Frank Ramsdell, D. C. Cagwin, October 11. 1879; Clarence B. Cole, De- cember 12, 1879: Albert A. Crane, February 16, 1880; Samuel K. Gates, February 27. 1880; William 11. Howard, Charles K. Calkins, May 21, 1880.
LATER ATTORNEYS.
S. V. R. Trowbridge, June 3, 1881 ; E. B. Stanton, June 3. 1881 : Thomas F. McGarry, June 3, 1881; Jay Sessions, April 11, 1880: Charles F. Gates, May 6, 1870; Charles M. Wilson, August 25, 1882; Ernest S. Ellis, Sep- tember 20, 1882; Spencer G. Millard, December 23, 1882; George E. Nichols, April 2, 1883; Harmon Smith, October 15, 1884: C. G. Jones, October 15. 1884; C. W. Sessions, April 24. 1885: Wm. A. Bahlke, February 20, 1880; John T. Mathews, February 20, 1886; Fred A. Wallington, February 20, 1886; Walter S. Walker, February 20, 1885; Frank C. Miller, September 6), 1886: William R. Payne, September 6, 1886: Frank E. Schmoltz. Novem- ber 8. 1886: Clarence Buck, July 12, 1886; Bingley R. Fales, September 3. 1888; William K. Clute, June 14. 1888; Henry J. Horrigan, May 17. 1800: James Curry, May 20, 1800; John C. Dowling, June 23. 1880: Henry B. Freeman, March 1. 1800: Hugh C. Wilson. Septem- ber 27, 1800: Charles W. Nichols, December 22, 1800; D. 1. Hub- bell, February 16, 1801; John B. Chaddock, June 16. 1890: George Miller, December 22, 1800; Theron Nesbitt. January 16, 1883: James Curry. March 3, 1804: E. A. Murphy, April 18, 1884: Andrew B. Goodwin, April 18, 1884: W. E. Hawley. June 2, 1804: J. 1. Steele. June 12, 1804 : Fred L. Williams, June 12, 1804: F. M. Burbank. November 7. 1894: Willard Adrich, June, 1801: Charles P. Locke, April 14, 1894: E. A. Horrigan, April 26, 1895: J. Clyde Watt, October 25. 1806; Dwight Sheklon, October 26, 1806: A. K. Hutchinson, 1898; Elvert M. Davis, April 22, 1800: Harvey
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E. Kidder, April 22, 1899: Lucius Babcock, June 25, 1900; Chas. R. Foote, December 22, 1892; Mack Nichols, September 21, 1891 ; Osmund T. Barnes, September 21, 1891; John Nichol, October 13, 1892; Fred Crane, March 5, 1892; R. A. Colwell, June 22, 1901; W. A. Menkle, December, 1888; George W. Tupper. September 29, 1892; Joseph J. Philips, November 14, 1892: Alfred R. Locke, May 13, 1893: John J. McKenna, May 6, 1893; Russell A. Peake, December 22, 1892; Harvey L. Van Benschoten, June, 1888: Edward C. Spaulding, October 20, 1894: Justin L. Sutherland, June 19. 1899: Thomas Johnson, June 21, 1904: Jesse Elihu Tarbell, April 19, 1901: Fred L. Warner. June 15, 1907; Seward Baker, June 25, 1886; Charles F. Ernsberger. April 5. 1910; Foss O. Eldred, April 15, 1910; Leland W. Carr, October 14. 1910; Alphonso Button, February 11, 1862; Glenn D. Mathews, June 22, 1912: Herbert C. Hall, June, 1906; Harry Gemuend, June, 1914: Martin V. Cook, June. 1914.
Other lawyers not mentioned in the foregoing list have at various periods practiced in the county, notably, Hon. Edward Cahill, Oscar F. Wisner, Hon. A. D. Griswold, .A. J. Southard and George F. Peck. Of these lawyers named, many have occupied enviable positions in their profession. Hon. .A. F. Bell was one of the leading lawyers of western Michigan for a great many years, and his name was well known throughout the profession of the entire state, as he was a particularly strong and wise counselor. The Hon. John C. Blanchard, noted advocate, practiced in a large portion of the state of Michigan, especially in the defense of criminal cases, in which field he was remarkably successful. Hon. Cyrus Lovell, who settled in this state in 1832 at the then village of Kalamazoo, held many places of trust, being a man of great brain and holding state and federal offices, and died at the age of four score years, strong and vigorous. Hon. Adam L. Roof, able attorney and honest, many times occupied important positions to which he was elected by the votes of the people. Hon. W. W. Mitchell, admitted in 1850, was one of the strong lawyers of the state of Michigan. The Hon. Allen B. Morse, at the age of twenty, entered the Union army, and for bravery was promoted to lieutenant and adjutant of his regiment, and at Missionary Ridge lost his left arm; returning to lonia he entered the study and practice of law. The name of Adjutant A. B. Morse always stood as a synonym for honesty, integrity and ability, and his name became familiar to every family in this county. Ile came to the bar in 1865, was later a member of our state Senate, and later was elected to the supreme bench of the state of Michigan, though a Democrat, by nearly thirty thousand votes majority against the great jurist, Thomas M. Cooley, making a fine record as a judge: later, he was called from the bench to accept the nomination
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upon the Democratic ticket for governor, being defeated by only a few thousand votes by the Hon. John T. Rich. Shortly thereafter he was ap- pointed consul to Glasgow by the government of the United States, a posi- tion which he filled with honor to the nation and much credit to himself for a period of five years. At the expiration of his teri he came back, and, declining further political honors, entered into the private practice of law. He enjoyed a large and lucrative practice until about the year 1907. when he retired from practice and is now enjoying a comfortable old age with a record that is a pride to his friends, and must be a source of comfort to himself. The Hon. William O. Webster and Edgar M. Marble were admitted to practice in 1869. Mr. Marble was, during the Hayes and Arthur administrations, United States commissioner of patents at Washington, and Mr. Webster later filled the office of judge of probate of lonia county, the same now being filled by his son, Montgomery Webster. Hon. Vernon H. Smith, who filled the office of county clerk, and later, for twelve years, was circuit judge of the eighth judicial district, composed of Ionia, Montcalm and Clinton counties at that time-was a good lawyer and possessed of excellent judgment in the decision of cases. Hon. Adolphus A. Ellis, ad- mitted to the bar in 1876, for two terms served as prosecuting attorney of Ionia county, later two terms as attorney-general of the state of Michigan. which offices he filled with great ability. Hon. Frank D. M. Davis, ad- mitted to the bar in 1874. filled the office of circuit court commissioner two terms, prosecuting attorney four terms, and is now serving his fourth term as circuit judge of the eighth judicial district, composed of Ionia and Mont- calm counties. The long service of Judge Davis evidences the fact which the entire bar recognizes of equal ability as a jurist. Hon. Royal A. Hawley. an able lawyer, was admitted to the bar in 1880, and has been twice prose- cuting attorney of this county. Hon. C. L. Wilson has served as prose- cuting attorney and probate judge, and Hon. Albert K. Roof has served as state senator and register of deeds, both faithfully performing the duties of their respective offices. Hon. Albert Williams was attorney-general of the state of Michigan when AAustin Blair was governor of the state during the troublous times of the Civil War, and conducted the office with marked ability. Hon. Louis S. Lovell occupied the circuit bench of the eighth judicial circuit at a time when it was composed of the counties of Kent, Barry. Montcalm, lonia and Clinton: he filled the office faithfully for a period of twenty-four years, and for many of the precedents used by the lawyers of today they are indebted to this splendid upright judge. Hon. George E. Nichols has been state senator, and while in such position was a strong mem-
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ber of our state legislative body, making for himself a splendid record as a senator, and for several years has been engaged in very many of the im- portant cases tried in this state. Hon. Hal H. Smith. now a prominent lawyer of Detroit, was secretary of the Buffalo and the St. Louis world's expositions. Frank M. Burbank was prosecuting attorney of the county, be- ing twice elected. Hon. J. C. Watt has twice been representative of this county in the state Legislature, making a remarkably fine record, and was also, during the year 1915. a member of the commission appointed for the revision of the laws of this state. the work of which commission has been adopted by the people of this state. Hon. John B. Chaddock was mayor of the city of fonia, and also prosecuting attorney for two terms. Hon. James Scully was mayor of the city of lonia and a member of the state Legislature: at the time of his death, two years ago, he was acting as one of the railroad commissioners of the state of Michigan. Hon. Frank C. Mil- ler has been mayor of the city of Ionia, member of the state Legislature and assistant prosecuting attorney. Alfred R. Locke has for two terms been prosecuting attorney of this county, and is at present a member of the state board of control of Jonia prison. Hon. Fred L. Warner is a member of the state Legislature. Wm. K. Clute was two terms prosecuting attorney and later assistant district attorney of the United States.
Of late years several of our attorneys have moved to the cities of Grand Rapids and Detroit, giving them a larger field of usefulness, namely : A. A. Ellis, William K. Clute, Lawrence W. Smith, Elvert M. Davis, who is now assistant general counsel of the Grand Rapids and Indiana Railway system : Hal II. Smith and John J. McKenna.
The names of the present attorneys of this county and residing within the county are C. K. Calkins. R. A. Colwell, Martin V. Cook, F. D. M. Davis. Foss O. Eldred, Harry H. Gemuend. Royal A. Hawley, Henry J. Horrigan, Herbert C. Hall. Harvey E. Kidder, Alfred R. Locke, Glenn D. Mathews, Frank C. Miller. Allen B. Morse. E. A. Murphy, Geo. E. Nichols. John Nichol. James Vosper. Benjamin Vosper. C. B. Wardle. P. T. Williams, I. L. Hubbell. Fred L. Warner. J. Clyde Watt. C. L. Wilson, W. 11. Howard, Thomas Johnson, E. S. Fuller and Albert K. Roof.
In passing. it might be said the Ionia county bar has not only furnished the state with much good legal timber, but, as a whole. it has during its entire history been one of the strongest legal bodies in the state, and is well known throughout the state as being composed of able lawyers.
In an early day many extremely ludicrous incidents occurred in con- nection with court work, as would naturally happen in an early settlement
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where the practice of law had to be carried on under unfavorable con- ditions; but, one thing marked the early history of our early practitioners and judges-they sought to do equity with as small an expense as possible. The pay of the pioneer lawyer was small, many times his fee being paid in produce or in wood, and it necessitated his engaging in some other lines of work, especially in the handling of real estate. Early members of the bar, together with other pioneers, have made lonia county a prosperous one. The people of this county being lovers of law and order, it has always been a safe, desirable and beautiful county to live in. More need not be said.
CHAPTER XXXI.
HISTORY OF THE GRAND RIVER VALLEY.
By Mrs. L. P. Brock.
This article on fonia county and the Grand River Valley, from the first known history up to and included the first colony, was compiled by Mrs. L. P. Brock, who was deputy register of deeds for lonia county from 1885 to 1888, and who in her official capacity took in the first paper in the new court house in April, 1886.
Mrs. L. P. Brock, formerly Bertha E. Milligan, was born in Fonia, August 18, 1860, her parents being William Milligan and his wife, Minerva ( Murray ) Milligan. Mr. Milligan came to Ionia in 1856, from New York, with work connected with building the Detroit & Milwaukee railroad. His wife's father. Eleazer Murray, came to this county in 1836 with his family and his home always was on the south river road, just east of Alonzo Sessions's farm, now the Ionia county home. Mr. Milligan was a member of Company E, First Engineer and Mechanics, during the Civil War, being gone three and one-half years, and was discharged at Washington. June 6, 1865.
The house that Mrs. Brock was born in is still standing. Mr. and Mrs. Milligan were early members of the Church of Christ, started by Rev. Isaac Erret. James A. Garfield, afterward President of the United States, who was his friend, came here to visit him and was entertained part of the time while here by Mr. and Mrs. Milligan, at their home.
FIRST WHITE VISITOR.
In Prospect Park, on the American side of Niagara Falls, at one side of the path that runs along the edge of the cliff, there is imbedded a large dark gray green boulder, on which has been engraved, by order of the Knights of Columbus, the fact that it was at or very near that point, that Father Hennepin. the French priest. had stood in 1678-the first white man to see and make a sketch of that mighty downpour of water. One forgets the scene before him and tries to span the intervening space of less
ยท
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than two hundred and fifty years, and all that it had meant to the race that then peopled this land. also to the white race, which at that time had simply gained a foothold on the eastern edge of this mighty continent, pressing ever westward, while, thundering, foaming, the great cataract plunged on, as it had for thousands of years before, witnessed by races of men of whom we have no knowledge-just as it will when our race has also become a thing of the past.
History contains no record of achievements so numerous and mighty as those accomplished by the white race. Where once the only communica- tion between mien were the innumerable paths through forests, along which went soft moccasined feet, or the tread of the little Indian pony-now run the great civilizer, the two shining parallel rails of steel, upon which thunders the heavily loaded trains, ever carrying and bringing necessities. comforts and luxuries undreamed of by the simple child of the forest. With the wilderness, he and his are gone forever. Their place in commerce has been taken by the tweed-garbed man of business: their great country is dotted with towns and cities. Roaring rapids are made to turn the wheels of industry. Their hills are bared by the ax of the hunberman. Their moun- tains resound with the reverberations and thunders of the stamping mills. Their valleys and plains are changed into farm and orchard, bearing crops unheard of by the Indian, who, although holding prior possession must needs give way to the race who would make better use of the land than they. They should have been well treated, and with helpful consideration, assisted toward more modern life, rather than subdued by force. That was the responsibility of the white race which they sadly neglected and will always remain an unnecessary blot on our national history.
When one reflects that less than one hundred years ago, the section in which we live, as well as the vast West, was dominated by the Indians, one realizes the awful decimation civilization has wrought in the red man's ranks. He is now less than a fringe on the outskirts of civilization. He has all but taken his place in the category of vanished races. "The eagle's eve could not discover where were once their wigwams and peaceful council fires."
There is something appalling in the rapidity of his decline and pathetic in the manner of it. Such physical manhood and insuperable courage as his will never be seen on this continent again. No man has come so close to nature. Even his religious psychology was not a mean one. The fine poise of his head, the keen sight of his eye, the trustworthiness of his instincts, his loyalties and his enmities equally strong, his statesmanship, his simple but
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strong logic, even his ideals-all are qualities pleasant to contemplate. His descendants are but faint shadows of what the American Indian really was, when there was the gleam of an empire in his eye. Desperately did he fight for his lands and disdainfully did he go to his death.
THE INDIAN OCCUPANCY.
The known history of the Indian occupancy of this continent shows that all the country south from Hudson Bay to the present site of Tennes- see. from the Mississippi east to the Atlantic, was the home of different tribes of the Algonquin race of Indians-except that portion now known as the state of New York, which was occupied by the five confederated tribes of the fierce and war-loving Iroquois. Originally the Miamis lived in the southern part of Michigan, while the Sauks occupied the Grand River valley and adjacent country, while the Ojibways, afterward known as Chippe- was, occupied all of Michigan north of them. AAt this time the Pottawat- tomies lived in Wisconsin mostly near the shores of Lake Michigan. About the year 1659 the Iroquois made war upon the Ottawas, who lived in the vicinity of the Ottawa river in Canada, and drove them as far as the land of the Chippewas, in the Northern peninsula of Michigan, and the Chippe- was helped them repulse the Iroquois, who thenceforth seldom sought a war- path so far to the north.
The celebrated Father Marquette, accompanied by Father Dablon, visited the Chippewas in 1668 and established a mission for them at Sault Ste Marie, and soon after that established that of St. Esprit for the Ottawas near the western extremity of Lake Superior. But about 1670, the Ottawas, finding they were no longer molested by the Iroquois, established their prin- cipal village on the island of Mackinac and Father Marquette founded a mission for them just across the strait at St. Ignace, in 1671.
From their village the Ottawas explored southward by means of their famous hunting boats, and thus found Grand river and doubtless first entered the Sank country in this manner. Coveting it for their own, plans were made for its capture. One part started from Mackinaw, coming down Lake Huron and entered the country from Saginaw bay, while another came by way of Lake Michigan and Grand river, and the conflicts resulted in the remnant of Sauks fleeing terror-stricken down Grand river and across the lake, where they became the Sacs of Wisconsin.
About 1707 the Miamis removed to the vicinity of Detroit, and the Pottawattomies then left Wisconsin and established their chief seats along
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the St. Joseph river in Michigan and spread northward to the country claimed by the Ottawas and the three tribes inhabiting Michigan formed a peaceful alliance, which lasted over one hundred and thirty years.
EARLY EXPLORERS.
Commanding a French exploring expedition, George Cartier sailed up the river St. Lawrence to Montreal in 1535, and formally took possession of all the country in the name of King Francis 1-calling it New France. He made attempts to establish settlements, but all were abandoned in 1543. and for more than fifty years conditions in the mother country entirely prevented the French people from making use of Cartier's discoveries.
In 1603. Champlain, the French mariner and discoverer led an expedi- tion to Quebec, made a settlement there, and founded the colony of Canada. From Quebec and Montreal, established soon after, adventurous Frenchmen -explorers, fur traders and missionaries-pushed westward. The French began a system of dealing with the Indians which at once gained their confi- dence and respect. They assimilated Indian habits, treated them as equals, took wives from among their daughters and-with the exception of the Iroquois-from that time until the decline of French power on this continent the Indian tribes bordering on the St. Lawrence and Great Lakes were their faithful friends and allies.
The English had settled in Virginia in 1006, and 1600 a Dutch vessel. commanded by Captain Hudson, had sailed up the river now bearing his name. These events were followed by the landing of the Pilgrims from the "Mayflower" in 1620 and in 1623 by permanent Dutch settlements at New Amsterdam. Thus there were three distinct streams of emigration, which began to make their way westward from the Atlantic coast and to all appear- ances the French, having such ample water communication via the Great Lakes and river St. Lawrence, had much the greatest advantage in the race for empire-at least so far as Michigan was concerned.
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