History of Kent County, Michigan, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens, Part 30

Author: Leeson, M. A. (Michael A.); Chapman, Charles C., & Co. (Chicago)
Publication date: 1881
Publisher: Chicago : C.C. Chapman & Co.
Number of Pages: 1434

USA > Michigan > Kent County > History of Kent County, Michigan, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens > Part 30

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The manufacturing population, which the growing industries promise, will add materially to the number fostered by agriculture and commerce.

PUBLIC HIGHWAYS.

It is a remarkable fact, that so long as the Indian traders dwelt over the land no attempts whatever were made to improve the zigzag Indian trail. The contrary has marked the settlement of the country by the American pioneers. Immediately after erecting their log- houses, the next object was to cut short roads, and again to extend such roads to distant settlements. In 1836-'7 the road from Grand- ville to Bronson village, or Kalamazoo, was laid out, and also one from Grandville to Black river. This was the period when the star of Grandville was in the ascendant ; while yet, Squire Cogge- shall, of Kent, looked on his Grand Rapids neighbors with sus- picion, mingled with contempt, and they in turn look upon him with pity.

In 1837 the Grand Rapids Toll-Bridge Company was chartered, yet six years later there was only the well-remembered narrow foot bridge, erected by James Scribner and Lovell Moore, in 1843.

The Port Sheldon and Muskegon roads were projected in 1839. Though the Legislature authorized the laying out of these high- ways, little or nothing was accomplished toward rendering them fit for travel until 1854, when the plank road to Kalamazoo, author-

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ized in 1850, was completed. Previous to this time two days were occupied in making the journey by stage to Bronson's settlement. The W. H. Withey stages were placed on the route in 1854, and performed the journey in one day. The toll-gates which adorned the old road were abolished in 1869 ; subsequently the planks dis- appeared, to give place to the gravel-bedded thoroughfare of the present time. The State road from the Rapids to Grand Traverse was laid out in 1855-'6. The county roads were gradually opened until now fully 1,800 miles of macadam and gravel roads render travel throughout the district easy and agreeable.

RAILROADS.

The Detroit & Milwaukee railroad, built in 1857-'8, extends across the lower peninsula between Detroit and Grand Haven. It enters the county at Lowell, runs parallel with Grand river along its southern bank to the village of Ada, and westward through the townships of Grand Rapids and Walker, with a depot at the northern limits of the city. This road is 189 miles in length. It connects at Grand Haven with the Milwaukee boats, thus forming one of the quickest routes between Detroit and the Northern States. The first train which ever entered the city signaled its approach July 10, 1858. It was but the beginning of the railway era, the signal of enterprises which have led the county to pros- perity.

The Grand Rapids & Indiana R. R. extends from Little Traverse bay to Richmond, Ind., a distanceof 421 miles, where it connects with the C., H. & D. R. R., 71 miles from Cincinnati. The road was opened from the city to Cedar Springs, Dec. 23, 1866, and to Fort Wayne, Ind., Oct. 10, 1880.

The Grand Rapids & Newaygo, now consolidated with the Chicago & Western Michigan R. R., was completed in June, 1872, from Grand Rapids to Morgan, a distance of 46 miles. The company has about completed the procuring of the right of way for the exten- sion of the Newaygo division to and across the river. One of its latest purchases was of a site for the west end of the bridge, bought of Tuttle Bros. for $1,525. Work on the bridge has already begun at the Toledo bridge works.

The Grand Rapids division of the M. C. R. R., or Grand River Valley R. R., was built in 1869 from Grand Rapids to Jackson, a distance of 94 miles, where it connects with the M. C. R. R. The first passenger coaches entered Grand Rapids over this line Jan. 17, 1870.

The Kalamazoo, Allegan & Grand Rapids railroad, operated by the Lake Shore & Michigan Southern R. R. Co., extends from Grand Rapids to Kalamazoo, a distance of 58 miles. The first train arrived in the city March 1, 1869.

The Chicago & Western Michigan was built in 1872 from Grand Rapids to New Buffalo, a distance of 115 miles, with a branch from Holland to Pentwater, 80 miles, and one from Muskegon to Big Rapids, 55 miles.

CHAPTER X.

THE COURTS AND BAR.

As man is the capital of nature, so does he afford to man a sub- ject for deep inquiry. It has been understood throughont the ages that crime is hereditary. The gambler, who placed his fortune at the small mercy of a die long centuries ago, may possibly be the ancestor of a notorious mountebank of the present time ; and the creature whose passions led him to the crime of murder, while yet Cæsar ruled the Roman empire, may possibly have been the first of a race whose representatives disgraced every generation of the past and continue to stain the civilization of our time. Whatever faith may be placed in the hereditary theory of crime by the great majority of people, it seems to be approved by facts : demonstra- tions of passions transmitted from father to son are common, and therefore it is not a matter of surprise to learn that he who is con- victed of a great crime followed in the very footsteps of some an- cestor. Though the advance of civilization has materially retarded an indulgence in criminal acts, it has not stayed the workings of nature in regard to the fierce passions of man. They who in for- mer times followed the vocations of their fathers, now seek out varying labors, and thus the tendency of intuitive viciousness is held in check, though it can never be wholly subdued.

Very few hereditary criminals join the fortunes of an early set- tlement : they come in after years, often with the best intentions, and for a time observe all the conventionalities of life ; but after- ward the ruling passion begins to re-assert its terrible superiority over the mind, and there sult is crime, sometimes insignificant, but generally monstrous and shocking.

To preserve the lives and properties of the people against the machinations of such men, the State promulgated her "statutes," or legal rules, which not only prescribed the penalties and pun- ishments to be inflicted on transgressors, but also defined the manner in which the laws should be administered.

The people of Kent put these laws in operation the moment they organized the township of that name. The old justices, associate judges and chief justice were the centers of equity. The primi- tive appearance of the early courts, the desire to do justice, evident in the words and gestures of the judges, their genial dispositions, and the free and easy characteristics of the bench, bar and clients, made the administration of the laws admirably democratic, fully suited to the requirements of the time, and capable of adjusting all discords that might creep into existence within the young county.

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Under the second order of affairs many canses of a serious char- acter were presented to the courts. With the advance in popula- tion and knowledge, new sources of disunion became known : land disputes, boundary squabbles, even forgery and perjury became common crimes ; matrimonial alliances were not in all cases judi- cious; opposing temperaments met to oppose to the bitter end, and consequently the era of divorce, of the total disruption of family ties, ensued. Such cases will not be given more than this reference in these pages ; but, unfortunately, there occurred a few murders which threw a shadow over a history exceptionably honorable. To notice such capital crimes is scarcely within the province of history, and for this reason alone only a few criminals will be noticed.

In 1837 Judge Ransom opened the first session of the Circuit Court for Kent county, in a house opposite Jefferson Morrison's store at the foot of Monroe street, next the Guild House. Robert Hilton was foreman of the grand jury. Among the other jurors present were Geo. Coggeshall and Lovell Moore.

The Superior Court of Grand Rapids was established under Legislative authority, approved March 24, 1875. It is distinctly a municipal court of record. The judge is elected for a term of six years. The first term commenced the first Tuesday of June, 1875, when Judge John T. Holmes presided. He retired in June, 1881, when Judge Parrish was elected.

As early as 1838 the Prosecuting Attorney, Osgoode, then re- siding at Grandville, indicted a half-breed for murder; but the prisoner was not convicted.

Louis Genereau was indicted for murder before the court of Kent county, convicted and sentenced to imprisonment by Judge Whipple.

THE MURDER OF NEGA.

Among the criminal records of early days, the most important is that which treats of the murder of Nega, an Indian woman, and the capture and trial of E. M. Miller on the charge. It appears that on Dec. 20, 1842, two men, Miller and Hovey, were proceeding with a team from the forks of the Muskegon to its mouth when they fell in with two squaws, one the mother, the other a child of ten summers. Miller forcibly stopped the mother, and drew her to a place near by, where he pitched his camp for the night. The child, frightened, ran into the woods. In the morning the woman was found dead, Miller ran for the lake shore, intending to escape, . while Hovey took the team back to the starting point. This mur- der was perpetrated Dec. 21, 1842. The murderer broke her neck, then drew the body into the forest, covered it with brush, and, be- lieving that he could escape, started along the trail toward the lake shore, thence down the frozen ice to the mouth of the Kalama- zoo river, en route to Chicago.

The Indians of the Muskegon soon noticed the disappearance of

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Nega, and entered at once on a search. Savage intelligence led the searchers to the scene of the first struggle, and onward still to the locality where the body of one of their most favored women lay cold in death. The Indians halted not for council, but dashed for- ward in pursuit of the murderer and tracked him to the settlement at Muskegon. Here he succeeded in eluding capture. The mur- dered woman was the daughter of the Muskegon chief and wife of a sub-chief, a very important squaw in the village circle; therefore the Indians cried out for revenge. Failing to obtain a clew to the whereabouts of Miller, they started for Grand Rapids, related their story to Rix Robinson and Louis Campan, and only rested when they saw that their white friends were determined to seek out the murderer and punish him.

Robinson and Campau lost no time in observing their promises to the Indians. One rode in haste to Grand Haven, while the other superintended the sconting parties in the neighborhood of the rapids and along the river. The former, on arriving at Grand Haven, waited on the newly elected Sheriff-T. D. Gilbert, now of Grand Rapids-and instructed him to proceed at once in pursuit of Miller. At that time Robinson was a most influential citizen of the county and the State. An order from him in such a case as this was claimed instant action, so that the sheriff of Ottawa county had no alternative left but to obey. Mr. Gilbert was then young and filled with the enthusiasm of a young man who suc- ceeded in winning a place in popular esteem. He exerted all the faculties which are generally brought into play by the chivalry when any serious question is presented, and formed the conclusion that Miller did not halt at Muskegon, but pushed onward with the intention of reaching Chicago. Under this opinion he exam- ined the snow-clad shores of the lake for some miles above and be- low the estuary of Grand river ; but failing to find even a track, he concluded to try the glare ice on the lake. He had not pro- ceeded far when he discovered the clear ice stained with tobacco juice. Aware that the red men did not possess all the accomplish- ments of their white brothers, he was not slow to conclude that here he had struck the murderer's trail. Pushing forward he soon discovered another evidence of the tobacco-eater passing that way, and, following up the clue so found traveled onward until the tobacco marks on the ice were hidden in the darkness of night. Even then he did not return ; but with an official earnestness de- termined to reach the light-house near the estuary of the Kalama- zoo river. Having reached that point he asked the officer in charge whether a man passed that way during the day. He was answered negatively. Then he instructed the light-keeper to send his boy over to the village of Saugatuck without delay if a man should pass. That night Mr. Gilbert actually proceeded to the village, where he had supper and a rest. Early next morning the light-keeper's boy came to inform him that a man arrived at the light-house. Without loss of time the young sheriff proceeded

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thither, entered, and, saluting the stranger, " How are you, Mr. Miller ?" informed him that he was the Sheriff of Ottawa county in search for the murderer of an Indian squaw. " Very well," re- plied Miller, " I suppose I must go with you." In returning along the shore, the sheriff pointed out to the culprit the signs which led him to follow up the trail, and also the spot where he ceased to observe the tobacco stains. " Well," said Miller, " I turned off the track at nightfall, went behind the sand hill, lighted a fire, and en- camped there during the night. This is how you missed me."

The marchi to Grand Haven was performed in silence. Arriving there, the unfortunate prisoner was placed in irons for the night, and brought on to Grand Rapids the succeeding day, where he was placed in jail to await trial.

While he was in prison, the Indians came from all parts of the country to obtain a glimpse of him who murdered the " pride of the Indian village of Muskegon." The warriors appeared curious, yet did not betray a sign of the deep anger, or dreams of revenge which rankled within their hearts. In their converse with the old traders they were earnest in their demands for his death, stating the facts that justice required a life for a life. and justice must be done. The assurances given by Rix Robinson and Louis Campau satisfied them ; but not until after the trial did they cease to visit the village and gather round the jail.

The day of trial arrived. Judge Ransom presided. T. B. Church, assisted by Mr. Clark, of Kalamazoo, prosecuted. The grand jury was composed of the principal men of the county. The counsel for the defense were Geo. Martin, Johnson and Julius Abel. Chief Justice Ransom opened the Circuit Court May 17, 1843. The grand jury produced May 20, 1843. The grand jury was sworn, and after a short consultation returned a "true bill" against Miller. In the absence of the prosecuting attorney, Thomas B. Church was appointed by the Governor to represent the People. He was then quite a young man, enthusiastic and determined. This was his first great criminal case, and to render the cause of the People successful, he left no honorable resource unemployed. Every statute and ruling bearing on the crime of murder was stud- ied in full, the legal documents were prepared with the great- est care; neither formality nor technicality was unobserved, so that when the indictment was read and its varied, salient fea- tures dwelt upon, the counsel for the defense, though able, realized that they had to grapple with a tiger rather than a lamb.

The morning of the trial was dark and gloomy, yet every hour brought large delegations from all parts of Kent, Ottawa, Muske- gon and Ionia to witness the trial. Indians came hither in large numbers and swelled the throng. All was intense excitement; the small court-room in the beautiful court-house of that day was completely filled; the crowd without was dense indeed. As the morning grew toward noon, the clouds grew darker, and the low, rumbling sound of distant electric explosions could be heard, giv-

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ing notice of the coming storm. Still the people continued to crowd into the village and to the public square, and there each one took a place, waiting expectantly to hear a word from the or- ators within the temple of justice, and hoping to learn the result of the trial before returning to their homes.

About three o'clock in the afternoon the prisoner's counsel ad- dressed the jurors; the acting prosecuting attorney reviewed the evidence tendered, and closed his great labors of that day by a brill- iant appeal to his countrymen on the jury to give justice for just- ice's sake and right the wrongs of the natives, even as they would those of the "New Americans." The testimony closed on Wed- nesday, May 24, when Judge Ransom charged the jury in a solemn manner. He reviewed the testimony of each witness, the circum- stantial features of the murder, defined the law in the case, and then directed the jury to find a verdict in accordance with the facts. The jury retired at three o'clock p. m. At this moment the thunder- storm swept past in all its fury. Lightning, thunder and rain aided each other in rendering the scene terrific in the extreme. The jurors stood motionless; the judge himself wondered what all this disturb- ance of the upper world portended; the building was shaken to its foundations; the people'stood aghast. It seemed to be the storm-king giving warning to do justice, and the jury took the hint. After retiring to the room, peal after peal of thunder rang out; each flash of lightning seemed to halt in its flight as if to enliven the darkness which spread over the land ; a steady torrent of rain poured down, until it seemed that heaven was at war with the. earth.

The jury agreed upon a verdict at 11 o'clock at night, and re- turned reluctantly to deliver it. Chas. H. Taylor was clerk at the time, and in reply to the question, "Have you agreed upon a ver- dict ?" received the answer, "We have!" " Is the prisoner guilty or not guilty ?" The foreman, in answering, trembled violently, recovered a little, and had just sufficient strength left to reply, " We find him guilty of the crime, but recommend him to execu- tive clemency." At this moment the roar of thunder became deaf- ening; the lurid glare of electricity was nature's kaleidoscope, lighting up the scene. The prosecuting attorney, counsel for the prisoner, prisoner, judge and audience were all silent under the influences of the occasion; the jurors were singularly timid, yet disturbed nature did not show signs of peace or approval, but con- tinned her wild show until night came on.

The following day Judge Ransom delivered sentence. In view of the fact that a bill was pending before the Legislature, providing for the abolition of capital punishment, the prisoner was sentenced to be hanged Feb. 25, 1844, so that the judge, who witnessed the aerial proceedings of the day and night previous, would not have to say in other and later years, that he was the last judge in Michigan to sentence a fellow-man to the scaffold, nor permit the jurors to hold themselves responsible for his death. The " abolition bill" did not

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pass the Legislature that year, so that Sheriff Withey made full preparations for the execution. A scaffold was erected on the public square in February, 1844, under the sheriff's orders. How- ever, friends of the criminal interested themselves in his behalf, and succeeded in obtaining a reprieve. Before the term allowed in the reprieve expired, the act abolishing capital punishment was approved, the sentence of death set aside, and imprisonment for life substituted. Miller, however, did not remain in prison many years. His relatives in Maine interested themselves in his behalf, and this fact, coupled with the more important one that Hovey, the man on whose evidence the prosecution relied for conviction, and on whose testimony Miller was sentenced to be hanged, when dy- ing confessed that he it was who killed the squaw, and not the un- fortunate man who was in prison. Under such circumstances the Governor signed a pardon, and the victini of evil company was dis- charged. To say that Miller was not equally guilty with Hovey is out of the question; nor is it possible to become convinced that he who would consign a neighbor to the hangman, could tell the truth, even on the brink of eternity.

THE MURDER OF DR. KERNY.

The first case of murder recorded in the history of Plainfield township, is that of the killing of Dr. Kerny by Cornelius Tubbs. It appears that trouble arose between the two men on account of slanderous reports said to be circulated by Kerny regarding Tubbs' wife. The gossiper and his victim met in the township of Plain- field early in August, 1854, when they entered into a combat of words. The doctor was under the influence of whisky; Tubbs was suffering from a painful felon on the right hand. He did not seek an encounter with the medical man, but, on the contrary, sought every means of retiring. He succeeded in an effort to leave the village, and started for home on foot. He proceeded only a half a mile, when he was overtaken by the doctor, who beat him severely about the head and face. Tubbs tolerated all this, but when the doctor touched the " felon sore," all patience vanished, and Tubbs, seizing a grub, dealt his assailant a terrific blow, which fractured his skull. Here the battle ended ; the unfortunate doctor grew unconscious, in which state he remained until his death next morn- ing. Tubbs was arrested, tried for murder, was defended by T. B. Church, and acquitted, his plea of justifiable homicide being favor- ably received by a jury of his fellow citizens.

THE MURDER OF BARBER.

Early in March, 1860, Mr. Barber, who was then Township Treasurer of Algoma, set out for Grand Rapids to report to the County Treasurer and hand him the moneys which he had collected. The day previous he met Kengin, a fellow townsman, and arranged

dem. Podle M. D.

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with him to accompany him, and in accord with this arrangement called at the latter's house next morning. Both left for Grand Rapids; but as Kengin passed out the gate he picked up an ax, · remarking that he would have it ground at Plainfield. When about half-way up the hill, a half-mile from Rockford, the murderer raised his deadly weapon, and dealt his defenseless, unsuspecting victim two heavy blows, causing instant death. The assassin fled. A teamster passing that way immediately after discovered the body, gave the alarm, Kengin was pursued, and when arrested at Plainfield denied the charge of murder. When taken into the room where the corpse was stretched, he parted the blood-clotted hair, coolly viewed the gaping wounds, and pretended to weep over the body of his dead friend. His trial resulted in a conviction for murder in the first degree. He confessed his guilt, but never acknowledged the amount of money taken. This murderer was sentenced to imprisonment for life, which sentence he is now under- going.

MURDER OF JAMES CRAWFORD.

The murder of Crawford was perpetrated March 1, 1870. The deceased visited the house of Peter Lamoureaux to discuss business matters. After a few minutes the conversation grew into a dispute, and presently merged into a quarrel. Crawford was in the act of leaving the house, when Lamoureaux seized a hammer, with which he struck the retreating Crawford on the head, burying the hammer in the brain of his victim. After receiving this terrible wound, the unfortunate man walked to his home, four and a half miles dis- tant. Having arrived there he fell into an unconscious state, in which he remained until death ended his sufferings March 11, 1870.

The murderer was indicted on the charge of manslaughter, was defended by T. B. Church, convicted, and sentenced to imprison- ment for seven years. He received his discharge in 1879. He survived his release about 18 months, and died Aug. 9, 1881. He was buried in the Plainfield cemetery, near the grave of his victim.

In the case of Mills, charged with causing the granary of C. W. Taylor to be burned, the court was occupied 60 days and the jury for 40 days. E. E. Sargeant, T. B. Church and John Van Arman, of Marshall, prosecuted, and Samuel Clark, of Kalamazoo, Judge Goodwin, of Detroit, and a few local lawyers, defended. George Martin presided as Circuit Judge.

Bradley F. Granger, accused of attempting to poison James Miller, a lawyer of Grand Rapids, in 1843, was examined, and escaped lynching through the efforts of Sheriff Harry Eaton. At his trial the jury failed to convict. He was defended by T. B. Church.

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HISTORY OF KENT COUNTY.

TROTTIER'S CHEESE.

Trottier, an Indian trader, who kept his books in hieroglyphics, intended to debit the account of a customer with the price of a grindstone; but in entering it he made a large circle, without making a place for the axle. In course of time Trottier, in look- ing over the book, saw this figure and presumed it meant a cake of cheese. The purchaser was asked to pay, and, on refusing, was sum- moned before a Kent county justice. The defendant allowed the trader to proceed with the case, and then coolly asked the plaintiff. Was it not a grindstone which he sold? Trottier realized the fact immediately, and cried out, "Oh yes! yes! I forgot to make a hole in it, and took it to mean a cake of cheese."

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History of Kent County, Michigan, together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons, and biographies of representative citizens, Part 30

Author: Leeson, M. A. (Michael A.); Chapman, Charles C., & Co. (Chicago) Publication date: 1881 Publisher: Chicago : C.C. Chapman & Co. Number of Pages: 1434

Author: Leeson, M. A. (Michael A.); Chapman, Charles C., & Co. (Chicago)
Publication date: 1881
Publisher: Chicago : C.C. Chapman & Co.
Number of Pages: 1434