History of Kalamazoo county, Michigan, Part 31

Author: Durant, Samuel W. comp
Publication date: 1880
Publisher: Philadelphia. Everts & Abbott
Number of Pages: 761

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HISTORY OF KALAMAZOO COUNTY, MICHIGAN.

taining his services. The old records of the court terms in Kalamazoo County during Territorial days, and the first years of the State government, exhibit that he had a fair share of practice in presenting questions of law to the court. He always exhibited careful research, and received respectful attention from the court; and his arguments to the jury were often very strong, persuading the "twelve men, good and true," that his client personified injured innocence, and was entitled to a favorable verdict. In 1832 an alarm pre- vailed throughout the county of Kalamazoo, during what was called the " Black Hawk war." Troops were raised, and a commission was issued as lieutenant-colonel to Mr. Daniels, who accompanied his regiment in the short march that it made to the West, and thus secured for him the military title of colonel, by which he was ever afterwards known. Col. Daniels was called on business to Cassville, Wis., where he died in 1838.

JEREMIAH HUMPHREY located at Schoolcraft, in the year 1832, removing from Connecticut. During his resi- dence in the county of Kalamazoo, unlike all other of his professional brethren, he did not speculate in land. He made no horse-trades, but devoted himself to the law, and with his professional brethren acquired much reputation as a critically-accurate lawyer, well skilled in the elementary principles of the law, and familiar, by a careful examination, with cases adjudicated in the courts. His memory was singularly retentive as to volume, page, and title of cases and points ruled in the reports, and his professional brethren were often glad to obtain for him a retainer as associate counsel, and thus avail themselves of his more extensive and careful reading. He removed to the State of Iowa, and died in 1849.

JOHN HASCALL was born in Connecticut and resided some years in Genesee Co., N. Y., where he devoted him- self to the practice of the law ; served as a soldier in the war of 1812, and participated in several of its battles. In 1830 he came to Kalamazoo County and settled on what was subsequently known as Genesee Prairie. In his earlier life he was an active politician ; widely known in Western New York in the years 1826 and 1828; during the anti- Masonic excitement receiving political position from his demonstrations through the press against Masonry. His success as a lawyer in Genesee County, until he ventured into political life, was marked. In Michigan he gave a limited attention to the practice of the law, devoting much time to the process of harvesting and thrashing grain by machinery. It is claimed, by those who had the oppor- tunity to observe, that with him originated the machine invention of cutting grain, which has given to the prairies of the West the ability to supply the world with bread. John Hascall died at Kalamazoo in A.D. 1853. A wide circle of acquaintances testified that he possessed the quali- ties of integrity and useful ability.

HON. CYRUS LOVELL, born in Windham Co., Vt., emi- grated to Michigan, and settled in the village of Kalamazoo, in A.D. 1832; building in that year, as his place of resi- dence, the first frame dwelling-house in the place. This building was located near the corner of South and Church Streets, on the lot now occupied as a place of residence by Joseph Perrin, Esq. While a resident of Kalamazoo he held

the offices of supervisor, justice of the peace, and prosecuting attorney. He was a soldier in the " Black Hawk war," and for his services a grateful government rewarded him with one hundred and sixty acres of bounty land. As a lawyer he had been well instructed, and always maintained in the estimate of the court and his professional brethren a character for ability. In 1836 he removed to Ionia, Mich., and was honored by the people of that county with an elec- tion as a member of the Constitutional Convention of 1850, that presented to the people the constitution under which we are now living. In the discussions of that convention he took an active part, and always enlisted the attention of his associates. If his counsel had been listened to and acted upon, it would have freed the people from some very obnoxious provisions in that instrument. Mr. Lovell was subsequently twice elected a member of the House of Rep- resentatives, in the State Legislature, and during one ses- sion was elected Speaker, and served with credit to himself and with the approbation of his fellow-members. He has also held the office of receiver of the United States land- office at Ionia, and now in his seventy-fifth year, has a vigorous, active mind, and expresses opinions upon im- portant legal questions with a perspicuity and clearness that would be creditable to a much younger man.

ELISHA BELCHER, born in Boston, Mass., in 1800, went to Ohio, thence emigrated to Michigan, locating at Ann Arbor in 1826, and thence removing to Ionia. He was employed in some of the limited number of cases that were prosecuted among the early settlers of that sparsely-populated portion of the Territory. Mr. Belcher's primary education and his knowledge of the law were acquired in the evenings after the toil of the day in field or shop was past. His industry was proverbial, and in his younger days he had acquired a fair knowledge of all farm employments, and had also fitted himself for many kinds of mechanical labor. All these qualifications made him a very useful man in the neighbor- hood of his residence. He came to Kalamazoo in 1834, and was soon recognized as one of the leading lawyers of Western Michigan. His plain, unostentatious appearance, his sympathy with any of his neighbors in trouble or mis- fortune, gave him a strong hold on the affections of all the old settlers. Each one seemed to recognize him as a member of his own family, and his counsel and advice was sought for in many matters outside of his profession. He was peculiar in his efforts at the bar. His address always exhibited respect for the court, and his plain way of talk and apparently sincere manner gave him power with the jury. His practical knowledge of all employments in newly-settled portions of the West often gave him an advantage in his cases at the bar over the opposing attorney. His facility in describing minute details in every-day matters enabled him to reach the comprehension of ordinary minds, and by this means he held power with the jury. His addresses were without oratorical effort ; they were talks; but he made his audience believe as he professed to believe. Mr. Belcher, in manner, mind, and peculiar ways as a lawyer, and in form and face as a man, may have had his peer and like, or duplicate, in some other part of the world, but never in Western Michigan. He removed to Otsego, Allegan Co., Mich., where he soon

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acquired his old-time influence as in Kalamazoo. He died in 1852.

JOSEPH MILLER was born in Litchfield Co., Conn., Oct. 29, 1779. He was a graduate of Williams College, and a practicing lawyer at Winsted, Conn., until 1834, when he removed with his family to Richland, Kalamazoo Co., Mich. He appeared in court in 1835 at Kalamazoo, Judge Fletcher presiding, and on motion was admitted to the bar, but never resumed practice in the West. He died at Richland, June 29, 1864, at the advanced age of eighty-five years. Through- out his long life he was held in high esteem by all who knew him.

JAMES MILLER, son of Joseph Miller, was admitted to the bar in Kalamazoo, and for a short time was in practice in the county, but subsequently removed to Grand Rapids, where for many years he sustained himself as a leading member of the bar and useful citizen. He died in the latter part of the year 1879.

JOSEPH MILLER, JR., was born at Winsted, Conn., Dec. 13, 1816. He completed his literary education at the academy of that place, and commenced his law-reading in the office of his father, at Winsted, in 1833, and completed his course and was admitted to the bar at Kalamazoo in 1837. For many years he was associated in his law practice with Hon. Charles E. Stuart, and subsequently with J. D. Burns, Esq. He held the office of prosecuting attorney for the county of Kalamazoo several years, and subse- quently, during the administration of President Buchanan, was appointed United States district attorney for the Dis- trict of Michigan, and discharged its duties until some time after the incoming of President Lincoln's administra- tion. Mr. Miller's reputation as a well-educated lawyer extended over a large portion of Michigan. His marked capacity for the careful preparation of all cases in which he appeared was recognized by the courts and his professional brethren. When he cited an authority from an elementary work, or the reports, it was almost invariably in point, and sustained the position for which it was cited. In his argu- ments to court and jury he had the power of condensation, and yet his brief speeches were very effective. In the public offices which he held, no fault was found in his action ; it was a fearless and able discharge of duty. A host of people, now living in Kalamazoo and adjoining counties, can testify that he never encouraged litigation ; his intervention was for peace and friendly adjustments whenever it was practicable. He died at Kalamazoo, April 9, A.D. 1864, aged forty-eight years. On the day of his funeral the buildings of the village were draped in mourn- ing, all business was suspended, and the sorrowing multi- tude in the procession attested that a good man had gone down to his grave.

HON. SAMUEL CLARK was born in Cayuga Co., N. Y., in January, 1800. His earlier years were spent on a farm. He graduated at Hamilton College, New York, and pursued his law reading at the office of Judge Hulburt, of Auburn, and commenced practice as a lawyer at Waterloo, N. Y., in 1828, and continued with an increasing business until 1833, when he was elected representative from the Twenty- fifth Congressional District of the State of New York. Serving one term, he resumed and continued his practice of

the law at Waterloo, until 1842, when he removed to Kal- amazoo. In his new home he soon took good rank in the profession, and was recognized as one of the leading lawyers of the State. He was elected a member of the Constitu- tional Convention of Michigan in 1850, and was prominent in the discussions upon the more important topics in that body. He favored by a strong argument the establishment of an independent Supreme Court, releasing its judges from Circuit Court duties. He was elected a member of the House of Representatives in Congress in 1853, serving one term, and was recognized as one of the leaders of the Michi- gan delegation. The pioneers in Western Michigan have a well-defined recollection of Mr. Clark's ability as a lawyer, his generous hospitality at his home, and his valuable ser- vices to his country in every public position which he held. He died at Kalamazoo, Oct. 2, 1870, aged seventy years.

HON. EPAPHRODITUS RANSOM was born in Hampshire Co., Mass., in 1799, and moved with his father's family, in his early childhood, to Windham Co., Vt. He was edu- cated at Chester Academy, Windsor Co., Vt., an institu- tion which has furnished educational advantages to many leading men in Michigan. Among them, Governor Barry, Chancellor Farnsworth,-both well known by reputation to the people of our State,-Mitchell Hinsdill, and Isaac W. Willard, who will be remembered by the people of Kala- mazoo County for many years to come. Mr. Ransom was educated, professionally, in the law school at Northampton, Mass., his law preceptor before attending this school being Peter R. Taft, of Townshend, Vt., father of Alphonso Taft, of Cincinnati, late attorney-general of the United States. He graduated at the law school in 1825, and was in suc- cessful practice at Townshend, Vt., until 1834, when he removed to Kalamazoo, Mich.

While a resident of Vermont he was twice elected a member of the Legislature. On the 19th of November, 1834, he was admitted to the bar at Kalamazoo, and soon afterwards was associated with Hon. Chas. E. Stuart in an extensive law practice. He was appointed one of the judges of the Supreme Court of Michigan in 1836, and subsequently, in 1843, chief justice, and remained in the position until 1848. In 1847 he was elected Governor of the State of Michigan, which office he held for two years from 1st of January, 1848. He was a member of the House of Representatives in the Legislature of Michigan for 1853.

Governor Ransom was a man of commanding presence, in height over six feet, in weight exceeding two hundred pounds, with massive head, and a voice of power. As a judge, when off the bench, it was his pride to mingle with the people, and lead them into talks about their farm and mechanical employments ; and he carefully noted the details of their experience, and made effort to profit by it. He delighted in agriculture, and his home for many years was a well-cultivated farm, with pleasant surroundings, form- ing now a part of the village of Kalamazoo. His herds of improved cattle and carefully-bred flocks of sheep won for him, among farmers and the mass of people accus- tomed to manual labor, a popularity rarely attained by any public man in Michigan. A change came,-he sold his comfortable farm-home at a time of great business depres-

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HISTORY OF KALAMAZOO COUNTY, MICHIGAN.

sion, invested his means in banking and other enterprises, all of which proved disastrous ; his resources had vanished, but his energy of character was yet with him. He removed to the Territory of Kansas, and there received the appoint- ment of receiver of public moneys in the United States land-office, and was encouraged to believe that he could still restore his broken fortunes. His bright earthly future was destroyed by his death, which occurred at Fort Scott, Nov. 9, 1859. His remains were brought back to Michi- gan, and repose in " Mountain Home Cemetery," at Kala- mazoo. I repeat again, no man ever held a stronger hold on the affections of the people in Western Michigan than Epaphroditus Ransom.

WALTER CLARK came to Kalamazoo from the State of New York in 1836, a graduate of Union College, under the especial pupilage of Dr. Knott, its president. He was ad- mitted to the bar at Kalamazoo, May 2, 1837. During most of his practice he was associated with Hon. N. A. Balch. He died at Kalamazoo in January, 1842. He was remarkable for scholarship and literary acquirements, and was a very active and successful business man.

MITCHELL HINSDILL came to Kalamazoo from Vermont, and was admitted to the bar Nov. 19, 1834. He officiated as prosecuting attorney for Kalamazoo County in 1835, and was elected and served as judge of probate from 1836 to 1844, sustaining himself officially and in the profession with great credit. In his later years he devoted his time to farming, and had the reputation of being one of the most skillful cultivators of the soil in Kalamazoo County. He died in 1854.

ZEPHANIAH PLATT was admitted to the bar, and com- menced practice, at Kalamazoo, Nov. 1, 1836. In his former practice, in the State of New York, he had sustained him- self as an able lawyer, especially in chancery practice, and he lost none of his reputation during his residence in Mich- igan. He returned to New York City, and there and in Washington, D. C., prosecuted a successful business in his profession for many years.

HORACE MOWER, born in Vermont, and a graduate of Dartmouth College, read law with Hon. Andrew Tracy, at Woodstock, Windsor Co., Vt. He emigrated to Michigan, and was admitted to the bar at Kalamazoo in August, 1839. He served one term as a member of the House of Repre- sentatives in the Legislature in 1847, and was subsequently appointed judge of the court in the Territory of New Mex- ico, serving two years.

Judge Mower, during his practice in Kalamazoo, and while holding his official position in New Mexico, acquired and held the reputation of being a critically-accurate lawyer with all his professional brethren. His fine collegiate at- tainments gave him notice wherever he was known in Michigan, and his polished address made him a very effect- ive speaker in his efforts with the court and jury. He died at Kalamazoo, Dec. 11, 1860, while yet a young man, and there are many persons in Kalamazoo and the adjoining counties who remember, with regret, when his brilliant prospects were cut off by an untimely death.

VOLNEY HASCALL, born Feb. 2, 1820, in Genesee Co., N. Y., came with his father's family to Kalamazoo in 1830, and was educated at the branch of the university, then lo-

cated at that place, becoming a finished scholar in Latin, English literature, and mathematics. He read law with Elisha Belcher, and was admitted to practice in 1843. He also mastered the art of printing in all its branches, became an editor, and in this vocation had no superior in Michigan. He edited a paper for the benefit of the people, and not to serve his own private purposes. He visited Europe several times, and in his talks about his travels always held the attention of his auditors. He served as a member of the Constitutional Convention from Kalamazoo County in 1850; and held the position of register of the United States land-office for Western Michigan during the administra- tion of President Buchanan. He died at Kalamazoo, in February, 1870, and his acquaintances remember him as an honest man and useful citizen.

WALTER O. BALCH was born at Kalamazoo April 9, A.D. 1843. Educated in the common schools, and gradu- ated in the law department of Michigan University ; was admitted to the bar at Kalamazoo, A.D. 1866. He was asso- ciated with his father, Hon. N. A. Balch, in practice at Kalamazoo, but failing health compelled him to withdraw from the more active duties of the profession. He died in December, 1876. His kind and courteous manners, and his remarkable acquirements in a literary point of view, gave him the friendship and admiration of a wide circle of acquaintances.

DAVID B. WEBSTER, born in Chittenden Co., V.t., re- ceived an academical education, and was admitted to the bar at Essex, Chittenden Co. He practiced at Montpelier, and thence removed to Kalamazoo, Mich., in 1836, and was associated in practice with Hon. Charles E. Stuart. He served a term as prosecuting attorney, and was elected in 1845 judge of probate for the county of Kalamazoo, serving four years. He was appointed, during the admin- istration of President Taylor, receiver of public moneys in the United States land-office for the Western District of Michigan, and served three years. He died May 8, 1860, at Kalamazoo. Judge Webster was a genial, pleasant man, discharging official duties faithfully and well, and holding the confidence of his fellow-citizens.

HON. MARSH GIDDINGS came to Richland, Kalamazoo Co., Mich., with his father's family, in 1830, from the State of Connecticut. His advantages for education were confined mainly to the common schools of the Territory and State as they existed during his minority. He read law with Judge Mitchell Hinsdill at Richland. After his admission to the bar at Kalamazoo, in 1841, he was associated in practice with Gen. Dwight May for several years. He was elected a representative in the Legislature of Michigan for the year 1849, and subsequently elected judge of probate for the county of Kalamazoo, serving from 1861 to 1868, inclusive. Judge Giddings was also elected to and served in the Con- stitutional Convention of Michigan, which held its session at Lansing, in 1867. He was appointed Governor of the Territory of New Mexico, and served in that capacity until his death, which occurred at Santa Fe, in the month of September, 1875. His remains were brought to Michigan, and repose in " Mountain Home Cemetery," at Kalamazoo. As a jury lawyer, Judge Giddings was eminently successful. As judge of probate, he satisfied the people of his county,

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tenderly caring for the interests of the widow, the orphan, and those who were measurably without a protector. At Washington it stands on record that the affairs of New Mexico were administered during the term of Governor Giddings' service with ability and for the best interests of the people of that Territory.

GEORGE D. RICE was for many years a resident of Kalamazoo, and was admitted to the bar in 1849. He de- voted much of his time to maturing plans for the organiza- tion of the Grand Rapids and Indiana Railroad Company, and for the construction of its road, and thus largely bene- fitted the interests of his fellow-citizens. He died at Kala- mazoo, 1869.

DAVID HUBBARD read law in the office of Stuart & Miller, and was admitted to practice in 1848, and subse- quently located for the practice of his profession at School- craft. He entered the United States military service during the war with Mexico, in the regiment commanded by Col. Thomas B. W. Stockton, and in the company commanded by Capt. F. W. Curtenius, and, landing at Vera Cruz, marched to Orizaba. After the return of the regiment with which he served, and its discharge, he resumed the practice of the law, but failing health compelled him to abandon his profession. He died at Kalamazoo in 1852, recognized by his acquaintances as a young man of much promise.

CHARLES A. THOMPSON was admitted to practice at the bar of Kalamazoo in 1862, after graduating with first honors at the University of Michigan in 1855, and conclud- ing his studies with May & Giddings, at Kalamazoo. He officiated as Circuit Court commissioner, and was afterwards elected prosecuting attorney for the county of Kalamazoo. He joined the 19th Regiment of Michigan Infantry, com- manded by Col. Gilbert, and was commissioned by Governor Blair a captain. He died June 8, 1871, at Kalamazoo, from disease contracted during camp-life in the army. Capt. Thompson was known by his professional acquaintances as a lawyer skilled in office practice,-no one of his years his superior in the preparation of papers,-and his record as a soldier is well established, giving him credit for bravery.

CHARLES B. HAYDEN was admitted to the bar in 1859, after completing at Kalamazoo his studies in the law office of Stuart & Miller. He died at Cincinnati, April, 1864, after a faithful service in the war of the Rebellion, holding rank as lieutenant-colonel of his regiment. He was greatly beloved by his associates at the bar, at whose instance reso- lutions of deep regret and affection were spread upon the records of the Circuit Court for the county of Kalamazoo.

WILLIAM H. DE YOE, for many years an active busi- ness man and successful practitioner at the bar of Kalamazoo County, and associated with Hon. Nathaniel A. Balch, died Nov. 20, 1863. Mr. De Yoe's diligent attention to the business of his profession and his many gentlemanly traits of character endeared him to a large circle of friends.

CLEMENT C. WEBB, admitted to the bar, and for a short time in practice at Kalamazoo, gave every evidence of future success in his profession. He was elected captain of a company in the 13th Regiment of Michigan Infantry, in the second year of the war of the Rebellion. His record as a soldier is pointed at with pride by his comrades in arms. In the brave discharge of his duty he was wounded

at the battle of Stone River, Dec. 31, 1862, and died in hospital at Murfreesboro', Feb. 14, 1863.

JAMES K. KNIGHT was admitted to the bar at Kalama- zoo in 1855. He was subsequently elected clerk of the county of Kalamazoo, in which position he was a universal favorite with the people. He removed to St. Louis, Mo., and there succeeded to an extensive and lucrative practice in his profession. He was elected judge of the Circuit Court, in which position he earned for himself great popularity as a sound lawyer among his professional brethren, and the people gave him credit for holding the scales of justice nicely and fairly adjusted. He died by accident in the vicinity of St. Louis, in December, 1875, and his remains repose in the cemetery at Schoolcraft, Kalamazoo Co. All of James K. Knight's old acquaintances at Kalamazoo will remember him well for his fine personal appearance, his genial manners, and his great excellence of character.

PAUL RAWLS, a graduate of the University of Michi- gan, acquired his profession in the office of Stuart & Miller, and was admitted to the bar at Kalamazoo in 1848. He entered the military service of the United States dur- ing the war with Mexico, in the regiment commanded by Col. Thomas B. W. Stockton, and in the company of Capt. F. W. Curtenius ; was discharged with the regiment, and died at Kalamazoo soon after from disease contracted during military service. He was deemed one of the most estima- ble young men of his time,-his collegiate education giving him remarkable qualifications as a scholar, and his law- reading furnishing evidence of great promise in the pro- fession.

GEN. DWIGHT MAY was born Sept. 8, 1822, in Berk- shire Co., Mass. In June, 1834, he removed with his father's family to Michigan. By teaching and farm-labor he prepared for college, entered an advanced class at the University of Michigan in September, 1846, and grad- uated in 1849 ; read law with Lothrop & Duffield, at De- troit, and was admitted to the bar in July, 1850. He com- menced practice at Battle Creek in 1850, removed to Kal- amazoo in 1852, and was then associated with Hon. Marsh Giddings. While a resident of the village of Kalamazoo he was elected one of its trustees, twice its president, several times superintendent of its schools, and in 1866 was elected Lieutenant-Governor of Michigan. In 1868 he was elected attorney-general, holding the office two terms. In April, 1861, his war record commenced by his election as cap- tain of Company I, 2d Regiment. Under an order of the War Department, he reached Washington in June, 1861, and participated in the battle of Bull Run. In December, 1861, he resigned his position in the army, and resumed and closed up his law business at Kalamazoo. October 8, 1862, he was commissioned lieutenant-colonel of the 12th Michigan Infantry, and in June, 1865, he was promoted colonel of the same regiment, and with his regiment was mustered out of service March 5, 1866.

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History of Kalamazoo county, Michigan, Part 31

Author: Durant, Samuel W. comp Publication date: 1880 Publisher: Philadelphia. Everts & Abbott Number of Pages: 761

Author: Durant, Samuel W. comp
Publication date: 1880
Publisher: Philadelphia. Everts & Abbott
Number of Pages: 761