History of Macomb County, Michigan, Part 50

Author: Leeson, Michael A., [from old catalog] comp
Publication date: 1882
Publisher: Chicago, M. A. Leeson & co.
Number of Pages: 952

USA > Michigan > Macomb County > History of Macomb County, Michigan > Part 50

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).

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HISTORY OF MACOMB COUNTY.

officer in command at Fort Brady, ordered out a company of regulars, armed with mus- kets and bayonets, and marched them down to where the said men were at work. The Captain ordered the men to stop work. This deponent, in reply, remarked to him that he could not, as he was under contract with the State of Michigan to complete the work by a certain time; that Capt. Johnson then marched his men down the line to a point where Van Rensselaer had some men at work digging, and commanded the men to desist labor; some of the men felt disposed not to obey, whereupon Capt. Johnson stepped up to one of the foremen, James Sherrill, with his sword drawn, and wrested from him the spade with which he was working, saying that his orders must be obeyed, remarking that upon one side of the mill-race was an Indian reservation, and that the other belonged to the United States. Upon this, the men ceased work, and Johnson marched them off the line of the canal. And this deponent would further say that. after being thus interrupted and pre- vented in the prosecution of this work, and finally driven from the ground, through the direct interference of the military of the United States, he was compelled to abandon the work and leave there with his men."

This statement was sworn and subscribed to before Richard Butler, Notary Public, of Macomb County. December 30, 1839.

Similar statements were made by James B. Van Rensselaer and John Levake, sworn to before Justice Richard Butler. In Mr. Weeks' letter to Hon. William Woodbridge, dated Mt. Clemens, December 11, 1839, the affair was very fully explained. From Octo- ber, 1838, to May 12, 1838, he estimated his expenditures on the contract at $7,047.52.

RAILROADS.

Detroit d' Shelby Railroad .- The line from the Grand Trunk Railroad to Utica of the Detroit & Bay City Railroad runs on the embankment, thirty years old in 1872, construct- ed by the Detroit & Shelby Railroad Company. An embankment was built so long ago as far as Utica, and was found to be in a good state of preservation, and needed but slight changes to make it fit for the modern railway. On the old road, flour and other products were brought to Detroit from Utica, the cars being drawn by horses, and the old Detroit & Pontiac depot being used as the terminus. The road was something of a primitive affair. but was far more serviceable than the ordinary dirt road, which was usually in very bad condition. In not more than two or three spots does the embankment seem to have been plowed down, and over this section of the line neither the cutting of trees nor grubbing was necessary. Gurdon C. Leech, Richard L. Clarke and others were the projectors of this primitive railroad.

The Michigan Division of the Grand Trunk. - The line of the railway known as the Port Huron, Detroit & Chicago Branch of the Grand Trunk Railway was completed in the autumn of 1859. The entire expense of construction and equipment was borne by the gi- gantie corporation known as the Grand Trunk Railroad Company of Canada. The Mich- igan Division enters Macomb County at the southeast corner of Richmond Township, and traverses the county in a southwesterly direction. The company have stations at the fol-

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HISTORY OF MACOMB COUNTY.

lowing places: Ridgeway, Baltimore Station (now New Haven), Mt. Clemens and Utica Plank. The road has proved of substantial advantage to every part of the State and county not otherwise accommodated with a railway outlet, while the connection has proved invaluable to merchants and shippers, and thereby to producers generally, in afford- ing a competing route to the East, as well as connection with points not reached by any other line. The main branch runs from Port Sarnia to Portland, Me., a distance of 802 miles. The Michigan Division runs from Port Huron to Detroit Junction, a distance of fifty-nine miles, making a total length, under the Grand Trunk corporation, of 861 miles.

- The Detroit & Bay City Railroad. This railway is under the control of the Mich- igan Central Railroad Company. It enters Macomb County near the center of the south- ern boundary of Warren Township, and traverses through the townships of Warren, Ster- ling and Shelby, in a northwesterly direction. It leaves the county about the center of the western boundary of the latter township, and enters the adjacent county of Oakland. The stations of this company within the limits of Macomb are Warren, Glenwood, Spin- nings and Utica. This division is Il5 miles in length, and passes through a rich agricult. ural region, while the hunber and salt trade contributes very materially to swell its traffic.

The Michigan Air- Line. - The Michigan Air-Line project was originally designed as a short line from Chicago to Buffalo, and was intended to run across the State from Chi- eago, striking the St. Clair River just above the town of St. Clair, and there connect with what is known as the Canada Southern. The Michigan Central, which aided in building so much of this line as lies between Jackson and Niles, and furnished almost the entire capital with which it was built, finally made it a feeder for Detroit and the Central. This road enters Macomb County in the southeast corner of Richmond Township, then trav- erses the townships of Armada and Washington. There are stations on this line within Macomb County, called Ridgeway, Armada. Romeo and Washington. This branch line is twenty-six miles in length. It cost the people of the townships through which it runs a snug sum of money, but the benefits which will be derived from the road ultimately will doubtless compensate in a large measure for the heavy tax its construction imposed upon many individuals. That railroads in general are a benefit no one will deny. but some are constructed at an immense sacrifice to property-holders, and the remuneration, in actual value, is oftentimes imperceptibly slow in development, But on the whole, railroad en- terprises, when conducted by persons who have the welfare of the several communities through which they shall pass at heart, are means of much good, and vice versa when in- stigated, carried on and controlled by speenlators, who look only to their own personal aggrandizement. As a publie emolument, railroads ought to become as popular as they are generally successful.

CLINTON RIVER.

In 1870, the channel of entrance to this river was very shallow, the shoalest place showing only three and a half feet of water, while the river was ten feet in depth. A proj- ect of improving the river was adopted in 1870, the object being to afford a channel fifty feet wide at bottom, with a depth of eight feet, and in the execution of the improvement,

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HISTORY OF MACOMB COUNTY.

the amount expended has been $5,000. Another appropriation of $8.000 was made last spring, and this money is to be applied to dredging a channel eut eight feet deep and sixty feet wide at the entrance of the river. An appropriation of $25,000 was asked for in 1881, which is supposed to complete the improvement. This sum was granted.

HARBOR OF REFUGE, BELLE RIVER.

After a survey of the bar at the mouth of Belle River, an appropriation of $7,000 was made for its removal. Belle River is about one hundred and forty feet in width, and from seven to nine feet deep at the lower reaches, which it is intended to improve. The project adopted in 1880 is to afford a channel fifty feet wide, thirteen feet deep to the first bridge, and twelve feet deep to the second. No money has yet been expended on the im- provement.

CHAPTER XXIV.

COURTS AND BAR OF MACOMB.

The first session of the Macomb County Court was held in the house of Christian Clemens, at Mt. Clemens, July 10, 1818. Christian Clemens, Chief Justice, with Daniel Le Roy and William Thompson, Associate Judges, presided.

The first case brought before this tribunal was the admission of Ezra Prescott to the bar of Macomb. Having produced his certificate as an attorney of the Supreme Judicial Court of New Hampshire, it was ordered that he should be admitted an attorney and counselor at law of this county. John Stockton was Clerk of the Court.

The next sitting of the court took place July 14, 1818. The Grand Jury made no presentments, and was discharged. The only eivil suit brought before the Judges was that of Mitehell and Leo Trombley versus Joseph Dupree, on appeal from Justice Le Roy's court. Mr. Le Roy retired from the bench when the case was presented; however, on ae- court of not being ready for trial, the cause was continued.

The session of 1819 began February 1, with the same Judges presiding. James Fulton, the Sheriff, returned the names of twenty-four Grand and twenty-four Petit Jurors. The following are the names of the Grand Jurors who were present: Z. W. Bunce, Oliver Record, Andrew Westbrook, Baptiste Yax, William Brown, Joseph Mini. John K. Smith, Elisha Harrington, Edward Tucker, Jacob Tueker, John Connor, Isaac Russ, H. R. Un- derhill, Pierre Phenix, Felix Pelhy, Baptiste Nicla, Hugh Mckay, Julius Forton, Franeis Labadie, James Graham, John B. Beaubien, Gideon Olmstead. This jury retired under eare of Constable J. B. Chapaton.

The cases brought before the court were as follows:

Mitehell Trombley. Supervisor of Huron Township, appealed from Justice Harring-

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HISTORY OF MACOMB COUNTY.

ton's court his complaint against John Tucker, which was ordered discontinued. His com- plaints versus Julius Forton, Louis Chortier, Charles Peltier, Edward Tucker, Francis La- badie and Benjamin Trombley. The other cases were those of Andrew Westbrook versus William Austen. an appeal from Justice Smith's court, and the continued case of Tromb- ley versus Dupree, which were continued.

The session of the court in 1820 was merely marked by the granting of a license to the Chief Justice of that court, as follows:

MACOMB COUNTY. FEBRUARY TERM. 1820. ( SS.

Christian Clemens, of said county, having made application to said court for a license to keep a tavern, and having satisfied said court that a tavern is necessary at his place of residence for the ac- commodation of travelers; that he is of good moral character, and has sufficient accommodation for such purpose; therefore said court have granted him this license.

JAMES FULLER. JOSEPH HAYS.

WILLIAM THOMPSON. DANIEL LE ROY, Assistant Justices of said County.

CIRCUIT COURT.

The first record of the Circuit Court shows that. Joseph Campan, of Wayne County, sued Charles Peltier, of Macomb, for £54 14s., New York currency, due the late Denis Campan, of whose estate Joseph Campau was administrator. William Woodbridge, Pre- siding Judge of the Court, held at Mt. Clemens July 21, 1828, issued an order for the arrest of Peltier and his safe custody until the opening of the Circuit Court in October of that year at Mt. Clemens. Judgment, damages, $185.36; costs, $15.50; total. $200.86.

RETIREMENT OF JUDGE MORELL.

Among the old records of the bar of Macomb County is one dealing with an event in its history, namely, the retirement of Hon. George Morell from the judiciary of this cir- cuit, April 4, 1843. A meeting of the bar was held within the old court house at Mt. Clemens, which was presided over by Hiron Hathaway as Chairman, and Azariah Pren tiss, Vice Chairman, both Associate Judges of the county. Amos Dolby. Clerk of the Court, was appointed Secretary. The meeting as organized appointed a committee of nine on resolutions, the members of which were Conger, Butler, Leonard. Terry, Smith, Walker, Mitchell, Eldredge and Carter. This committee reported the following resolu- tions, which were adopted:

WHEREAS, The Hon. George Morell is about to retire from the Chief Justiceship of this State and the Presiding Judgeship of this circuit, where he has long presided with honor to himself and the State, therefore

Resolved, That we do cheerfully bear testimony to the ability, fidelity, promptness and impartiality with which he has ever discharged his many high and responsible duties as Presiding Judge of this Court and as Chief Justice of the Supreme Court, and that we do sincerely regret that the Judicial re- lations existing between us will terminate with the present session of this court.

The reply of Judge Morell to the practicing lawyers was pathetic in a high degree, as well as a high testimony to the old bar of Macomb.

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HISTORY OF MACOMB COUNTY.

THE GRAND JURY AND THE JUDGE.

After submitting the presentments to the court, the Grand Jurors re-assembled and adopted the following form of address:

The Grand Jurors of the county of Macomb at the April term of the Circuit Court in the year 1843, having completed their inquiries in and for said county, would respectfully present that, in com- mon with their fellow-citizens of said county, they regret that this term of this court terminates, by the expiration of his term of office, the judicial labors of the Hon. George Morell as the Presiding Judge of said county; that they have long regarded him with sentiments of sincere esteem and respect: and believing that he has ever discharged his judicial duties with impartiality, integrity, firmness and ability, they present to the court here this token of their continuing esteem and unwavering confidence in nin.

EPHRIAM CALKIN, Foreman,

ALFRED GOODELL,

TALMON II. GRAY, HENRY S. COURTER.

ASA CURTISS.

ORASMUS LATHROP.

ANTHONY CHORTIER.

D. W. NOYES,

WILLIAM STEVENS.

CHANCEY GOODRICH.

IHENRY JERSEY. JAMES CHENEY.

G. W. SUMMERS.

HEMAN NYE.

JOHN ILCKS.

JUSTUS R. CRANDALL, JACOB SUMMERS. STEWART TAYLOR, Secretary.

Sanford MI. Green, formerly Judge of the Macomb County Circuit Court, was born at Grafton, Rensselaer Co., N. Y., May 30, 1807. In 1837, he came to Michigan and located lands where is now the village of Owasso. On the resignation of Judge Ransom, in 1848, and the transfer of Judge Whipple, Mr. Green was appointed Circuit Judge of the Fourth Circuit. He resigned this position in 1867. In June, 1872, he was appointed Judge of the Eighteenth Circuit, to fill vacancy. In 1860, he published a hand-book in the prac- tice of the Circuit Courts, and took an active part in the revision of the Statutes of Mich- igan. He also published a work on the highway laws of Michigan.

In the history of St. Clair County, references will be made to Judges Dewey. W. T. Mitchell, E. W. Harris and H. W. Stevens, of this Circuit Court.

RECORD OF ADMISSIONS TO THE BAR OF MACOMB COUNTY.

Among the early lawyers of the county, or rather those practicing in the County Courts, were Cornelius ()'Flynn, Alex D. Frazer. R. P. Eldredge, B. F. H. Witherell. (). D. Richardson, William A. Fletcher, Charler W. Whipple. -- Backus. Jacob MI. How- ard. Thomas Ashley, Ezra Prescott and James F. Joy.

The record of persons admitted as attorneys and counselors at law of this county shows the following names and dates:

Ezra Prescott, July 10, 1818; Thomas Ashley, June, 1820; Spencer Coleman, Feb- ruary, 1821; George MeDougall, February 4, 1823; Jacob M. Howard, July 16, 1833; Franklin Sawyer, Jr., July 16. 1833; James F. Joy, April 12, 1837; Dewitt C. Walker, April 12. 1837; Royal P. Crouse. April 13, 1837; Harlehigh Carter, Prescott B. Thurston, April 13, 1837: Solomon Lathrop, April 12, 1837: Edward W. Harris. October 12, 1837: H. D. Terry, April 11, 1838; Peter S. Palmer, October 17, 1839; John

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HISTORY OF MACOMB COUNTY.

A. Hillis, October 19, 1839: John J. Leonard, October 16. 1839; Abner C. Smith. Octo- ber 16. 1839: Amos Dolby, appointed October 23, 1839: H. D. Terry, appointed Deeem- ber 9. 1839: Amos Dolby, appointed April S. 1839; Richard Butler, appointed October S, 1839: R. P. Eldredge, appointed May 13, 1839; James L. Conger, April 15, 1840; C. B. H. Fessenden. April 16, 1840: Sylvester Larned, April 4, 1845: Giles Hubbard, April 5. 1843: Andrew S. Robertson, October 4, 1846: Lafayette L. Jones, October 7, 1851: Per- rin Crawford. June 20, 1854; James B. Eldredge, June 15, 1858; Thomas M. Crocker, January 17. 1859; Spencer Coleman, of New York; Dayton Andrews, October 24, 1859; Edgar Weeks and Wm. A Lewis. October 17. 1860: Irving D. Hanscom. April 4, 1866: Michael Stapleton, October 19, 1867: Wm. Jenney, Jr., June 28. 1867: Spencer B. Russell. Au- gust 28. 1868: James Reardon. June 15, 1869; Dwight N. Lowell, June 15, 1869: Will- iam M. Connor, October 28, 1869: George MI. Crocker, April 12, 1970: Lewis M. Miller, November 14, 1871; Franklin S. Abbott, November 14, 1871: Chauncey R. Canfield. Feb- ruary 5. 1873; Dewit C. Merriam, February 2, 1875: Samuel S. Babcock, May 3, 1876; Osear S. Burgess, February 17, 1875: Frank C. Lamb, August 3, 1876; Charles G. Con- ger, May 2, 1877; Silas B Spier. May 16, 1877; W. E. Leonard, May 20, 1878: Frank F. Williams, February 11. 1879: Giles H. Hubbard, May 4, ISSO: Addison G. Stone. May 4. 1880: William Selfridge, May 4, 1880; Charles H. Hutehin, August 4, ISSO: Mar- tin Crocker, August 24, 1880: James G. Tucker, August 24, 1880: Arthur L. Sleeper. May 10, 1881.

Anson Burlingame, the negotiator of the treaty of that name, and United States Min- ister to China, was admitted an attorney at law before the Circuit Court of Macomb County.

Henry B. Hutchins was admitted as an attorney at law on a certificate issued from the Law Department of the University of Michigan.

Arthur L. Canfield was admitted by the Judges of the Supreme Court during the spring term of 1866, in session at Lansing.

The following references to the first session of the County Court, to the lawyers of the period. and to the old court house, were made by Mr. Weeks, of the present bar, and · Judge J. B. Eldredge:

The first court for the trial of causes and the transaction of general business was held at Mt. Clemens, at the residence of Christian Clemens, Chief Justice, on the 10th day of July, ISIS, and was presided over by the Chief Justice and his two Associates, whom we have already named in the list of appointments for this county. At this session was ad- mitted to practice Ezra Prescott, of New Hampshire, whose appointment to the office of Prosecuting Attorney is also recorded in the list above mentioned.

The first suit mentioned in the records is that of Mitchell and Leo Trombley versus Joseph Dupree, which was an appeal from a Justice's court, involving about $35, and which was continued to the next term. This closed the labors of the court for that term. John Stoekton was Clerk. The next term was held at the same place, commencing Feb- ruary 1. 1819. The first indictment found by the Grand Jury of this county was for as-

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HISTORY OF MACOMB COUNTY.

sault and battery against John Hurson. The first trial of a cause was at the second term. and was the case above mentioned of Trombley and Trombley versus Dupree, in which was rendered a verdict by a jury for the plaintiff's of $26.50. This verdict was rendered by the first Petit Jury of which any record is preserved, and their names are as follows: Nathan Coggswell, James Thorrington. William Smith, Harren Underhill, Ezekiel Allen, Levi Blount. James A Clark, Robert Stockton, John Tucker. Benjamin Trombley. John B Vernier and Louis Chapaton. The third term of the court was held at the same place February 7, 1820. At this session considerable business was transacted; eleven indict- ments were found. two of which were against one Henry Cottrell for "contempt of law." This is an offense unknown to the books. either of common or statutory law, though a wholesome " contempt of law " has always been entertained by the great mass of the peo- ple.

While the educated legal mind turns back with a sensation of pride and satisfaction through the pages of history in the contemplation of the majestic system of our jurispru- dence, and makes the grand assertion that "law is the perfection of human reason," we find here a recorded case of the popular opinion that " law is an injustice and a humbug." The record of the next term of the court shows that a court house had been built, and therein the court sat. This court house was built of logs, and stood for some years on the site of the present court house. At this term was admitted to practice as an attorney B. F. H. Witherell, who died recently in Detroit, then occupying the bench in that county as Circuit Judge. There was at the same time admitted one Spencer Coleman, who pre- sented the certificate of Hon. James Kent, Chief Justice of New York (author of Kent's Commentaries), that he (Coleman) was an attorney of that State. We cannot give the date, but the fact exists that about this period there was admitted to the bar of Macomb County a lawyer whose name and fame have since become familiar to the world. We refer to Anson Burlingame, our recent Minister to China, known to all the treaty powers of the world. Hon. C. I. Walker, one of the Professors in the Michigan University Law Department. was admitted here, as was also the late Cornelius O'Flynn, who died recently in Detroit. It was this court that admitted to citizenship Alexander D. Frazer, the oldest member of the Michigan bar.

THE PRESENT BAR.

The present bar of Macomb County comprises twenty-five lawyers, or one legal ad- viser for every 1,264 persons dwelling within the boundaries of the county. The names of these gentlemen at law are as follows:

Robert P. Eldredge, Thomas M. Crocker, James B. Eldredge, Edgar Weeks, Arthur L. Canfield, George M. Crocker, H. B. Hutchins, Spencer B. Russell. Silas B. Spier. William Selfridge, James G. Tucker, Martin Crocker and Franklin P. Montfort, all of Mt. Clemens: Irving D. Hanscom, now of Marquette; Dwight N. Lowell. John L. Stark- weather, and A. L. Sleeper, of Romeo; Seth K. Shetterly and F. F. Williams, of Utica; Lorenzo G. Sperry, of Memphis: William H. Clark, Jr., and Bert C. Preston, of Armada: Joseph Chubb, O. S. Burgess and A. G. Stone, of Richmond.

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HISTORY OF MACOMB COUNTY.

The officers of the Circuit Court in 1881 were: Edward W. Harris, Circult Judge; Thomas W. Newton, Sheriff; William L. Dicken, Clerk; Iriving D. Hanscom, Prosecut- ing Attorney; William Longstaff and George Butchler, Constables; F. P. Montfort and A. G. Stone; Circuit Court Commissioners; and J. B. McIlwain, Stenographer.

The elections of 1882 resulted in the choice of Hon. H. W. Stevens, of Port Huron, for Circuit Judge.

IMPORTANT TRIALS.

Among the civil cases brought before the courts of the county, few claimed more im- portance than those referred to under this head. These causes are selected on account of their historical character, one being on the election of a county officer, one on the privi- leges of executors, and one on the rights of a railroad corporation. The first is interest- ing to those who would preserve the purity of the ballot box; the second, to those who desire to fulfill the wishes of a philanthropist: and the third, very instructive to all who love to rely on the justice of a corporation. The first arrests for murder were made by Silas Halsey. Sheriff, and Chauncey G. Cady. Deputy, in 1827. near Detroit. The crim- inals, named respectively Schneider and Rickett, were supposed to have murdered Donald son, at the Turnpike Crossing at Salt River. They were contined in the old jail, tried be- fore Judge Woodbridge at Mt. Clemens, and acquitted.

ELECTIONEERING IN 1873.

The case of Alonzo M. Keeler versus George W. Robertson, involving the title to the office of Registrar of Deeds for Macomb County, was tried before the June term of the Cir- cuit Court, 1873, Judge E. W. Harris presiding. The case for the plaintiff rested mainly on the fact that, out of a total of 246 votes cast in Sterling Township, A. M. Keeler was credited with fifty-four, while no less than 115 freeholders made affidavit that each of them recorded his vote for Keeler. The action, too, of Town Board of Inspectors appears to have been of the strangest, if not of the most illegal, character. They counted the votes a few times, each count resulting in an increasing majority for Mr. Robertson. The County Canvassers, on counting the general vote of the county, found that an equal num- ber of votes was recorded for each candidate, and resorted to the lottery plan for the pur- poses of declaring an election. Mr. Robertson drew the successful ship, and received the certificate of his election from the County Clerk.

Proceedings on the nature of quo warranto were instituted in the Supreme Court, where issues were framed and ordered to be tried before the Circuit Court of Macomb County, which trial resulted in a judgment for Robertson, the finding being said to have been directed by Judge Harris. The findings of the jury, etc., etc .. were placed before the Supreme Court, when the judgment of the Circuit Judge was reversed, and one de- claring Mr. Keeler elected. ren lered. This celebrated case was conducted by Edgar Weeks. assisted by A. B. Maynard and E. W. Meddangh, on the part of Keeler, while the defense was carried out by Robert P. Eldredge, Giles Hubbard. A. C. Baldwin and James B. Eldredge.

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HISTORY OF MACOMB COUNTY.

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History of Macomb County, Michigan, Part 50

Author: Leeson, Michael A., [from old catalog] comp Publication date: 1882 Publisher: Chicago, M. A. Leeson & co. Number of Pages: 952

Author: Leeson, Michael A., [from old catalog] comp
Publication date: 1882
Publisher: Chicago, M. A. Leeson & co.
Number of Pages: 952