History of Mason County, Michigan, Part 28

Author: H. R. Page & Co.
Publication date: 1882
Publisher:
Number of Pages: 373


USA > Michigan > Mason County > History of Mason County, Michigan > Part 28


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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Company I, Sixth Michigan Cavalry, was raised in Pentwater, with C. W. Deane, the lawyer, as captain, and men went out by groups into other Michigan and Illinois regiments. The Indians, too, were loyal, and freely enlisted. Many Germans went in Ger- man regiments from Chicago. George Rollins enlisted in Indiana, where he was at school; Dr. Weare went as surgeon of the Sixth Cavalry; E. R. Cobb as hospital steward of the same; A. W. Peck and A. J. Underhill were lieutenants of Company A, Twenty-sixth Michigan Infantry. About thirty of the Indians, aroused up by John Brown, Jr., son of the old man " whose body lies moulder- ing in the grave, but whose soul goes marching on," joined the Michigan Sharpshooters. The municipal records of the county show how large sums of money were given for bounties and to relieve families. There are now some 400 veterans in Oceana, and a number of thriving army posts.


COMPANY F, FIFTH MICHIGAN CAVALRY.


The following is contributed by James Gibbs, ex-sergeant and clerk of the above company:


The following is a list of the men who enlisted August 18 and 15, 1862, from Oceana County in Company F, First Michigan Mounted Riflemen, afterward called Fifth Michigan Cavalry, com- manded by Col. Copeland, of Detroit: Company F was raised by Henry Hoffman, of Benona, Oceana Co., Mich., and E. C. Dicey, of White River; was consolidated and by mutual consent turned over to Noah H. Ferry, of that place, with the understanding that Ferry was to be captain, Hoffman first-lieutenant, and Dicey second, but soon after reaching Detroit Ferry was promoted to major, Hoff- man was thrown out, and a stranger, (A. C. Vanderburgh) was given command of the company, and Hoffman had his choice to enlist as a private or go home, chosing the latter alternative. Com- pany F was mustered into the United States service at Detroit, Mich., by Lieut. Col. J. R. Smith, August 28, 1862, for three years, or during the war, and was mustered out at Fort Leavenworth, Kan., June 22, 1865, and returned to Detroit and was paid July 8 of the same year, and what was left of the company returned home from there at their own expense. Although our company was made up mostly of strong, healthy men, they came home broken down, and to all appearance many years older.


The following are the names of all who were discharged at Fort Leavenworth, Kan., June 22, 1865, and other places: John Barber, Wm. F. Barber, Peter Bentson, Thomas Byrne, discharged at Fort Leavenworth, Kan., June 22, 1865; Richard E.Cater, at Parole Camp, May, 1864; John Dill, Davis Dill, Fred. E. Deyman, David Davis, James Gibbs, Zorester Green, at Fort Leavenworth; Henry Koster, at Philadelphia, Pa., May 20, 1865, from hospital; Jacob Koster, at Convalescent Camp, Virginia, November 12, 1863; David M. Merifield (lost an arm at Gettysburg), at Philadelphia, October,


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1868; James G. Medler, Augustus, C. Perry, Nathan W. Smith, John H. Smith, at Fort Leavenworth; Wheeler H. Tickner, from hospital; James W. Joyce, transferred December 9, 1863, never returned to his family.


The following are the names of all the members of said com- pany who died, date, and place of death: Allen Baker, died at Andersonville, Ga., August 5, 1864, a prisoner; John Hessen, at Andersonville, July 30, 1864, prisoner; Ryneholt Hengstler, at Andersonville, April 12, 1864, prisoner; William H. Huston, at Annapolis, Md., March, 1865, at Parole Camp; George W. Gould, at Richmond, April 6, 1864, a prisoner; Carl Skenk, killed in action at Fort Republic, Va., September 27, 1864; Martin Smith, George W. Smith, drowned in Lake Michigan while on furlough, September 3, 1862; Charles E. Smith, died at Stevensburg, Va., March 12, 1864; Marvin Beach, at Philadelphia, Pa., in hospital, May 23, 1863.


The following is the name of the only member of Company F that enlisted from Oceana Co., Mich., who deserted the ranks: Alfred C. Pope, deserted at Detroit, Mich., November 16, 1862.


It will be seen that out of an enlistment of thirty-one strong, healthy men, that ten were lost, one transferred, one deserted, and nineteen returned home in poor health, who are all alive at this date, August 13, 1882, just twenty years since our enlistment (except Peter Bentson, who was killed about 1879, in a sawmill, by having an arm torn off).


Company F, Fifth Michigan Cavalry, has been engaged in the following battles: Gettysburg, Pa., July 1, 2 and 3, 1863; night attack on rebel train at Monterey Pass, Md., July 4, '63; Boons- boro, July 8, '63; Falling Waters, July 9, '63; Ashby's Gap, Va., July 21, '63; Battle Mountain, Va., July 24, '63; Port Conway, Sep- tember 1, 68; Culpepper, September 12, '63; Racoon Ford, Sep- tember 14, 15, 16 and 17, '69; Madison Court House, September 21, '68; Robinson's Ford, September 23, '63; James City, October 10, '68; Brandy Station, October 11, '63; Buckner's Mills, October 19, '69; Malton's Ford, November 22 and 28, '68; Ellis Ford, November 26, '63; Kilpatrick's raid, March 21,.'64; Todd's Tavern, or Wilderness, May 6, '64; Yellow Tavern, near Richmond, May 11, '64; Meadow Bridge, May 12, '64; Hanes Shop, May 27, '64; Annon Church, May 28, '64; Old Church, May 30, '64; Old Harbor, May 81, '64; Trevillion Station, June 11 and 12, '64; Winchester Station, August 12, '64; Front Royal, August 16, '64; Berryville, . August 19, '64; Sheppardstown, August 25, '64; Smithfield, August 28 and 29, '64; Winchester, September 19, '64; Luray, September 23, '64; Cedar Creek, October 19, '64; New Town, November 12, '64; Madison Court House, December 21, '64; Dinwiddie Court House, March 30 and 31, '65; Five Forks, April 1, '65; South Side Road, April 2, '65; Tabernacle Church, April 4, '65; Amelia Court House, April 6, '65; Appomattox Station, April 8, '65; Appo- mattox Court House, April 9, '65. Our company was engaged in battle on the front line with the rest of Gen. Phil. Sheridan's com- mand when Gen. Lee came in with the white flag, which closed our fighting.


GRAND ARMY OF THE REPUBLIC.


There are in the county five posts of the Grand Army, which have all sprung up recently, and are in a flourishing condition. These are: At Hart, Joe Hooker Post No. 26, with about fifty mem- bers; John A. Dix Post No. 9, at Hesperia, with W. C. Simmons com- mander; Post No. 52, at Pentwater, J. F. Reynolds commander; Shields Post No. 68, at Shelby, G. W. Woodward, commander.


There is also a Soldiers' and Sailors' Union for Oceana County, organized at Hart, March 18, 1880. W. E. Thorpe is the present president; E. F. Corn, vice-president; T. G. Houk, treasurer; and J. H. Slater, secretary. Dr. S. McPherson, D. C. Wickham and G.


W. Woodward are former presidents. The reunion this year was in August, in the town of Elbridge.


On April 4, 1882, a post of the Grand Army of the Republic was installed at Pentwater, by Mr. Thorpe, of Hart, the first officers being: Hon. J. E. White, post commander; E. Nickerson, S. V. C .; A. J. Underhill, J. V. C .; E. Rich, adjutant. There were fifteen members at the first meeting, and the post is being firmly planted.


THE BENCH AND BAR OF OCEANA COUNTY.


BY L. G. RUTHERFORD.


The first act of the Legislature, erecting a judicial district cov- ering the territory now embraced within the limits of Oceana County, was in the year 1855, in annexing the County of Ottawa to the Eighth Circuit; but no courts were held, nor were any legal pro- ceedings had which affected either the territory or its inhabitants, until 1858, at which time the county had been organized with three townships. The first Journal of the Circuit Court lies before me, and open at its title page. We read the following: "September 21, 1858, first term of the Circuit Court; present, Hon. Flavius J. Littlejohn, circuit judge, presiding; attorneys present, W. T. Howell, of Newaygo, J. H. Standish, of Newaygo, William H. Parks, of Grand Haven." It will appear from the above that the county had been organized for several years before any court was held, and that there was not then a single attorney in the county. The court was opened " by proclamation of the judge." W. T. Howell was appointed prosecuting attorney, by the court, and Luther S. Anderson attended as clerk. But little business was transacted. One case was tried before the court, without a jury, and a judgment entered in favor of the plaintiff, John Bowman, and against the defendants, Andrew Rector and Edwin R. Cobb, in the sum of $128.17 and costs. The prosecuting attorney, by leave of the court, discontinued an action against Richard E. Cater for trespass to personal property and assault and battery; Henry Hoff- man and Andrew Brady were admitted to citizenship, and on Sep- tember 29 the court adjourned without day.


The second term was held at the village of Roseville, on the 5th day of April, 1859. The former site of this village is now known as Whisky Creek, and its glory has passed away, and only the former home of L. D. Eaton remains to mark the spot. This build- ing once was made to serve as a courthouse, county offices and hotel. It was the scene of many interesting and amusing transactions, which, however, belong not to this sketch. At this term a sheriff seems to have been present, and that every man might be provided for, he was allowed two assistants for the term. Jolm H. Standish was appointed prosecuting attorney, a position which he held for three terms. Four cases were tried, and a judgment for plaintiff ren- dered in each. That of Asa C. Haggerty vs. Olen C. Farrell was tried before the first jury of the county, drawn specially for this occa- sion, consisting of Henry Hendrickson, John Nelson, E. R. Cobb, H. C. Flagg, Allen Baker, Jason Carpenter, Lyman Flood, Elbridge G. Farmer, William Underhill and Richard E. Cater, of whom the following are yet residents of this county: Henry Hendrickson, H. C. Flagg, Jason Carpenter and Richard E. Cater. At the Sep- tember term of the same, the first attorney (Thomas M. Brady) was admitted to practice, but it does not appear that he was ever actually engaged in practice, and the writer is not aware of what became of him.


From this time forward, the court became regular, and little is to be noticed which any one familiar with those of other counties would be interested in. I cannot, however, pass the next term without reference to Mr. E. D. Richmond, the present efficient clerk of the court. He had been elected to that position at the preced-


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ing election, and, mounted upon H. C. Flagg's big mule, he, several days before the term was to be opened, with due regard for the dig- nity and responsibility of his position, started out alone from Pent- water to Whisky Creek, his route lying along the beach of Lake Michigan. He was anxious to not appear green in the business, and when at the county seat why could he not inform himself so well that no one should ever suspect that he was not born already qualified. It seems, though, that he, after all, was not quite satisfied with his attainments, for when Judge Littlejohn arrived with his body-guard of lawyers who always accompanied him, friend R. looked them over and finally settled on Col. Standish as the one most to be trusted, whereupon he called the colonel aside and frankly acknowledged that he had some doubt as to whether he knew all about his duties, and asked for knowledge. The writer thinks he can now see the light which must have burned in the colonel's eye as he solemnly communicated to the whilom clerk that he must keep an accurate record of all that was said by court, council or witness. Finally court opened, and Ed., quill in hand, squared himself for the task. For a few moments all went well, but all too soon the words came fast and hot. Ed. strove manfully, but in vain, and as he wanted a good record he finally jumped to his feet and fairly yelled: "Hold on judge! I can't get half of this talk down; you must go a little slower." It is needless to say that all hands were convulsed with laughter, little becoming the dignity of a court of justice. But since then there has been no occasion to laugh at that clerk.


At this time the circuit over which Judge Littlejohn presided extended from Allegan to Grand Traverse. Through many coun- ties there were no roads, and the party who accompanied him,- usually Col. J. H. Standish and W. H. Parks, and occasionally A. H. Giddings and M. B. Hopkins,-were compelled to make their way on horseback, either along the shore of Lake Michigan, or follow circuitous trails made by Indians when passing from one place to another while on their annual hunts.


It would be hard to imagine, even, now, the hardships and incon- venience of journeys such as they performed; often losing their way by being unable to find the dim trail, they would be compelled to do what soldiers are sometimes allowed to do, "make themselves as comfortable as circumstances would allow, for the night." But space will not admit of a fuller description of their trips over the the circuit, of which the writer has been an attentive listener for hours at a time. Judge Littlejohn was au able and upright judge, and among the people who knew him twenty years ago his name is a household word. A Democrat in politics, he was elected over his competitor, Hon. W. B. Williams, by a handsome majority, though the district was largely Republican. No judge had fewer decisions reversed than he. He died a few years ago at his home in Allegan, at a ripe 'old age, loved and honored by all.


Judge Littlejohn was succeeded by Hon. Moses B. Hopkins, when the Fourteenth Judicial Circuit was formed, which consisted of Ottawa, Muskegon, Oceana, Newaygo and Mecosta Counties.


Judge Hopkins died while in office, having been sick during the whole term. Little can be said of his attainments. He was suc- ceeded by Hon. Augustine H. Giddings, of Newaygo, who was first appointed by the governor upon the death of Judge Hopkins, and afterward elected by the people. Judge Giddings was a graduate of Yale College, and had received a complete legal education. He was regarded by all who knew him as one of the ablest jurists in the state; but too great a love for strong drink partially destroyed his usefulness, and no doubt prevented him from rising to the highest judicial honors. He died in Philadelphia while attending the Centennial Exhibition in 1876.


The next judge to occupy the bench of Oceana County was


Hon. Michael Brown, of Big Rapids, who was appointed to fill the vacancy occasioned by the death of Judge Giddings, and having served to the end of the term, he was re-elected without opposition. He made a good judge, and while he had his enemies, as have all public men, the writer, who was in active practice before him during all the time he was on the bench, takes great pleasure in recording that Judge Brown was always a patient, honest and able judge.


He resigned January 1, 1881, for the reason that the mean salary of $1,500 per annum would not allow him to serve any longer. Hon. Frederick J. Russell, of Hart, was appointed to fill the unexpired term, and at an election ordered. he was, in April, 1881, elected by the people, the opposition not having nominated any one to oppose him. Judge Russell was born in Michigan, and has been a resident of Oceana County for twenty-two years. As a judge, so far, he is well liked by all. He is a man of strong sense and a hard worker,-qualities which well become a judge. The Four- teenth Circuit at present (1882) contains but two counties, Oceana and Muskegon. No better idea of the growth of Western Michigan can be had than by comparison with the territory over which Judge Littlejohn presided and that now comprising this circuit.


The bar of Oceana County has within the last twenty years contained some able lawyers. Among them were Nathan Crosby, who died at Hart, several years ago; R. A. Montgomery, now of Lansing; Hon. R. M. Montgomery, now circuit judge of Kent; Hon. J. M. Rice, late circuit judge of the Twenty-first Judicial Circuit; Hon. F. J. Russell, at present circuit judge; Hon. W. E. Ambler; Hon. C. W. Dean, now a resident of Chicago, and L. D. Grove, now of Missouri.


The following is a list of the bar of Oceana County at pres- ent: M. H. Brooks, L. M. Hartwick, Alfred H. Nelson, W. H. Tuller, James Brassington, T. S. Gurney, W. B. Stevens, C. A. Gurney, and the writer, many of whom do not make a specialty of practice, but devote themselves principally to other pursuits in con- nection.


Many are the recollections of legal contests which cluster around the memory of days gone by. One in particular, when R. M. Mont- gomery was prosecuting attorney of the county, two men were arrested for stealing a cargo of shingles, and the examination lasted eight days before Esquire Ripley, at Pentwater, and I do not recol- lect of a warmer contest during my whole career at the bar. So hot did it get that I thought I could never respect my legal brothers again. But with the end of the trial, when we took a retrospective view of the whole affair, we became warmer friends than before, and no doubt had greater respect for each other for the hard fight we had made. Thus ends a brief sketch of the bench and bar of the county. But matters pertaining to the judiciary have some- times occurred in the lower courts which cannot fail to be of inter- est, and from the many which suggest themselves I will relate & few: Over twenty years ago, John Bean, the present county sur veyor, was elected a justice of the peace. Mr. Bean was always a busy man, and if he had had any book of forms, it is doubtful whether he could have looked into it. Any way, he was requested to issue a warrant for an Indian. He stopped short in his business, scratched his head, pulled out of his pocket a yellow envelope, and upon it issued the following warrant: "Bring him to me, d-d him, John Bean, Jr.," and upon this warrant the culprit was arrested.


At a trial before an early justice and a jury, while the suit pro- gressed, the jury absconded themselves, and went fishing. Finally, when notified that the evidence was all in, they returned and promptly found him guilty, as charged in the complaint, whereupon the justice sentenced the prisoner to jail for a period of ninety-nine years.


Many more true stories equal to this might be told, but these must suffice.


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The relations of the bar toward each other have generally been of a friendly character, as have also the relations between the bench and bar. May they so continue, and we trust that in the future, as well as the past, the bar of Oceana County will continue to fur- nish men who will be an honor to her.


1


THE COUNTY SEAT.


The first meeting of the county supervisors was in June, 1855, at Wheeler's house, Stony Creek. The first county seat, however, was off in the southwest corner of the county, on Section 8, of Claybanks, on the property of A. S. Anderson, and on the classic banks of a little brook called "Whisky Creek," and a little village sprang up around it called "Roseville," from C. A. Rosevelt, who took the first census in the county. This was the scene of much that is historic in the early days, but its glory has departed, and the only building now in it is the farm house of Mrs. L. D. Eaton. The farms of Hanson, Barr, Phillips, Fordham, Anderson and others, lay along the lake shore in Claybanks, and formed the first point of settlement in the county. They were on the site of ancient Indian clearings, and there was a point on John Hanson's farm projecting into the lake, where the Indians placed signal fires, visible forty miles north and south.


The county seat remained at "Whisky Creek " until 1864, when it was removed to Hart. In our resume of supervisors' records, we give the various votes on the question of removing the county seat. Of course, as settlement extended, the position of the county seat became more and more anomalous and inconvenient, until it was removed, by a small vote, to Hart. It was only the mutual jealousy of rival sites that prevented an earlier removal. Pentwater, Hart, and "Oceana Center," a paper village on the corners of Hart, Elbridge, Shelby and Ferry, which put forward its claim as being the geographical center, were the chief claimants. The village of Barnett, or Shelby, was not in existence until years afterward, when the railroad gave it an impetus; otherwise it would have been a strong claimant.


Pentwater, seeing it could not secure the prize itself, at last joined its influence to that of Hart, carrying Weare with it, and Hart was chosen. One inducement to bring the county seat to Hart was the liberal offer of Mr. Corbin, who gave $1,000 and the present courthouse square. For some time there was a reluctance to erect buildings, but they were at last put up, in 1873-'74, being neat wooden structures, and very expensive. During the process of construc- tion, Hon. Charles Mears made a bold attempt to capture the county seat for his new village of Mears, offering, on December 17, 1879, either to put up splendid buildings or pay an equivalent of $10,000 in cash, if the county would erect its own buildings, but the movement had the support of but one supervisor.


COUNTY POOR FARM.


The present county poor farm is situated in Section 6 of Hart, and was purchased in 1871, from Jacob Schrumpf. It contains 120 acres, and the size of the poor house is 24x26, 26x34, and 28x30, all the buildings being two stories in height. This includes the main building and two wings. There is also a detached building, 16x24, to confine refractory patients. The commissioners are Caleb Davis, W. J. Sprigg and C. McClave. George Bradly, overseer. The farm is well supplied by water, raised by a windmill, and has two large barns and a granary.


FISH CULTURE.


One of the most striking features of Oceana is the numberless springs that break out from its undulating surface, and form brooks of the clearest crystal water, just the cool, shady streams that brook trout would delight in. As there were no trout in these waters, the


thought occurred to a number of gentlemen in Hart, lovers of the gentle art of Isaak Walton, that they could be planted, and by pro- tection could be made to fill the streams. Accordingly, they purchased and planted 2,000 brook trout in 1878, and on May 5, 1879, organized the Hart Sportsmen's Club, with L. G. Rutherford, president, and in 1882 J. R. Butler is president; E. D. Richmond is still secretary. Be- sides these gentlemen, many others have taken a deep interest in the affairs of the club, among whom is L. A. McIntyre, representative to the State Fish Convention in 1881, and who has been deputed to bring the fish from the hatcheries. Messrs. White, Thorp, Russell, Wigton, Flood, Johnson and others have taken an active interest in the club. Of brook trout there was planted in 1878, 2,000; in 1880, 9,000; and in 1881, 75,000. These have been placed in many of the townships of the county, especially Hart, Elbridge, Crystal and Shelby. The trout are breeding and thriving well; some now measure over a foot long. Some white fish have been planted. Landlocked salmon have been planted in Stony Lake, California salmon in Round Lake, Golden, and Crystal Lake, Hart: at the latter place they are breeding. This plant was made in 1879. Of lake or Mackinaw trout there was planted in 1879, 9,000 in Stony Lake, 6,000 in Pentwater Lake, 9,000 in Coh-moo-sa Lake, 9,000 in Round Lake, 2,000 in Hart mill pond. In all, the club has planted 130,000 fish, and the fruits will soon be evident in stream fishing becoming a source of revenue to the county. The grayling, which is a delicious and gamey fish, was disappearing from the streams of Oceana, from over-fishing, but protection may restore it. It is of a delicate flavor, resembling that of the tront, but the meat is not red. It is expected that soon hatcheries will be established, and fish farms will become common.


STOCK RAISING.


The County of Oceana is admirably adapted for stock raising, but the business is comparatively in its infancy as yet, it being but about six years ago since anything of importance was done in this respect. The county has a fertile soil, well watered with clear spring brooks, is of a rolling, undulating nature, and from its situation the Winters are generally mild. There is not yet a single cheese factory or creamery in the county, but in time the county will be studded with these institutions. A good beginning has been made with choice breeding animals in cattle, sheep, pigs and horses, and such farmers as Browne, of Pentwater, Russell, of Hart, and others, have done good service in introducing blooded stock.


In the sketch that follows we give an account only of the intro- duction of animals that are undoubtedly thorough-bred.


DURHAM CATTLE.


Among the first to introduce thorough-bred Durhams was Judge Russell, of Hart, who imported the Third Duke of Moscow, pur- chased at Chicago, whither he had been brought from Missouri. He was sold in the Fall to T. Taylor, of Hesperia, and is now owned by Blodgett, of Hersey. In the Fall of 1880 it was ascertained that more than half the prize stock at the County and Hesperia fairs were from him. The next thorough-bred bull was also imported by Mr. Russell, in 1879-Chief, who now belongs to A. Yates, who now also owns the next bull, which was imported by the Oceana County directors of the poor, for their farm. The next two were by S. A. Browne, of Pentwater, for his Golden stock farm, and T. S. Gurney, of Hart. All these were registered.




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