USA > Michigan > Oakland County > History of Oakland County Michigan a narrative account of its historic progress, its people, its principal interests Volume I > Part 18
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The first inventory filed in the court was that of the estate of J. S. Davis, deceased, September 7, 1822, the same footing up $498.50 on personal property and $390 on real estate. The widow received $300 of the personal property and the balance was sold by the appraisers. Sidney Dole and David Perrin were commissioners to audit the claims against the estate. The third session of the court was held at the house of Olmstead Chamberlain, in the village of Pontiac, the next session at Colonel Stanard's and the fifth at Maj. Joseph Todd's, in Bloomfield. All of these sessions had been special ones, held for emergency called for the exercise of the authority of the court. But at the fifth session regular sessions were ordered to be held on the first Saturday of each month, in Pontiac, at the office of Daniel LeRoy, Esq.
The first order of distribution of an estate was entered April 5, 1823, in the estate of John Prindle, deceased, upon which administra- tion was granted December 16, 1822. The first letters of guardianship were granted August 22, 1823, to Nathaniel Millard, guardian of Maria, Aaron W. and George B. Webster, children of Aaron Webster, deceased.
On December 15, 1823, regular sessions were ordered to be held at Bloomfield, at the office of the register, on the first Saturday of each month.
The first lunatic examined and restrained was Imri Fish. Elijah H. Fish was appointed guardian of his estate May 7, 1825. The first will probated in the court was that of Alpheus Williams, deceased, which was proven September 6, 1826, and executed on the 19th of April preceeding.
The judges of probate from the organization of the county to 1836, all of whom were appointed by the governor, were as follows: Dr. William Thompson, 1821-24; Nathaniel Millard, 1825-6; Smith Weeks, 1827; G. O. Whittemore, 1827-28; W. F. Mosely, 1828; Ogden Clarke,
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August, 1828 to August, 1832; Stephen Reeves, August, 1832 to 1837; and he was then elected for a term of four years and reelected for an- other term of the same duration, ending December 31, 1844. He was succeeded as follows: M. La Mont Bagg, 1845-48; M. E. Crofoot, 1849-56; Oscar F. North, 1857-61; Harry C. Andrews, April, 1861-63; Z. B. Knight, 1863-68; Alfred Crawford, 1869-72; Junius Ten Eyck, 1872; Joseph C. Powell, 1873-76; James A. Jacokes, 1877-80; Joseph C. Powell, 1881-84; Thomas L. Patterson, 1885-1900; Joseph S. Stock- well, 1901 to January I, 1909; Kleber P. Rockwell, 1909 (present in- cumbent).
CIRCUIT COURTS AND JUDGES
The circuit courts of the territory were created by the legislative coun- cil in August, 1824, and which reenacted the same in April, 1825, the act taking effect in the following September. As stated, these courts were held in each of the organized counties of the territory by the justices of the supreme court.
The first term of the court for Oakland county began June 19, 1826, with the following present: Hon. John Hunt, judge; William Morris, sheriff; William F. Mosley, prosecuting attorney; Sidney Dole, clerk ; Calvin C. Parks, Walter Sprague and Joshua S. Terry attended the court as constables, and Ziba Swan, Jr., and Schuyler Hodges as deputy sher- iffs. William Burbank was foreman of the grand jury. The grand jury found four indictments for murder-two against Imri Fish and two against a Chippewa Indian called Sa-Kosse-Ka. The indictments against Fish were for the murder of two women, Polly and Cynthia Ann Utter. The jury brought him in not guilty on one charge, and the other indict- ment was nolle prossed by the prosecuting attorney. The prisoner was discharged from the indictments, but held under charge of insanity, which was proven on trial. He was kept in the county jail for a time and finally died. In the trial of the Indian, Sa-Kosse-Ka, for the murder of Sha-bo-ga-shek, Whitemore Knaggs was sworn as interpreter, and A. M. Robertson and O. D. Richardson were assigned as the Indian's counsel. The jury returned the prisoner not guilty ; and the second indict- ment against him for the murder of Ka-ka-on-quet was also thrown out of court. Mosley was allowed fifty dollars for his work on the term.
At the June term, 1827, Hon. James Wetherell presided, and one William Dunlap declared his intention to become a citizen of the United States, which constituted the entire business of the term. Judge Henry Chipman presided in March, 1828, one day only being held. In Octo- ber, 1828, Judges Woodbridge and Sibley presided. The first conviction for horse-thieving was had at the March term in 1829, Platt Winchell being indicted and tried at that time, and sentenced to six months' con- finement in the county jail and a fine of two hundred dollars and costs, and to stand committed until fine and costs were paid. The March term was opened by Hervey Parke, sheriff. The October term, 1832, held by Judges Sibley and Ross Wilkins, was the last term of that court.
On the 15th day of April, 1833, "the circuit court of the territory
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of Michigan" was created, the organized counties of the territory con- stituting one circuit, and the presiding judge to be styled the circuit judge, to be appointed by the governor, and who must be a person learned in the law, and should hold his position for four years. Two associate judges were also to be appointed in each county, to hold their offices three years. Any two of the judges could form a quorum for the transaction of the ordinary business of the court, but no flagrant crime could be tried in the absence of the circuit judge, unless the per- son charged therewith consented to a trial. These courts possessed chan- cery and common law jurisdiction, original in all civil cases where jus- tices had not jurisdiction, and had cognizance of all offenses not simi- larly cognizable by justices, and appellate powers over justices. The circuit courts existing at the time of the passage of the act were in the act denominated "the superior circuit courts of the territory of Michi- gan," but the business on their dockets was transferred to the new tribunal.
The first term of this court was begun June 23, 1833, in Pontiac, Hon. William A. Fletcher, circuit judge, presiding, with Amasa Bag- ley as associate judge. Judge Fletcher's commission, issued by Governor Porter, was read, and spread on the record. At the July term, 1834, Daniel LeRoy and Bagley appeared as associate judges. The June term, 1836, was the last term of the circuit court of the territory of Michigan, held in Oakland county, though in November the last representatives of the old regime-John Goodrich, deputy clerk; Orison Allen, sheriff ; and Oliver Torrey, the crier-met, and the sheriff returned the venire for the grand and petit juries, the most of whom appeared; but no judge came, and the court was adjourned by the clerk until the next morning, November 2d, when the same august person came into the court room at nine o'clock A. M., with the balance of the jury ; but the day wore on, no judge appeared and at five o'clock of the second day the court stood adjourned sine die.
The first term of the circuit court of the county of Oakland in the state of Michigan, was held in May, 1837, beginning on the first Tues- day of the month; Hon. George Morell, one of the associate judges of the supreme court, presiding, with Samuel Satterlee and David Pad- dock, associates. G. A. C. Luce was the first attorney admitted to the bar in the state court, May 2, 1837. This style of the court continued until October, 1839, when a court was held, styled the circuit court of the fourth circuit within and for the county of Oakland, at which Hon. Charles W. Whipple, one of the associate judges of the supreme court, and presiding judge of the fourth circuit, presided, with Associate Judges Satterlee and Paddock. In the March term, 1840, the placita, designedly or otherwise, changed to the circuit court of the county of Oakland. In 1847, at the September term, Judge Whipple held the term alone, the associate judges falling out by law, on the reestablish- ment of the county court. In April, 1848, another change was made in the courts, the supreme court being recognized and made to consist of one chief and four associate justices, and the state was divided into five
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judicial circuits, each one of the supreme court and justices to hold at least two terms in each county in the circuit assigned to him, and in the execution of that duty to be styled circuit judge.
The first chancery case brought in the county was commenced in the circuit court, October 2, 1830, John Biddle of Detroit, complainant, and Henry Reynolds of New York, defendant, the action being a bill for the foreclosure of a mortgage. The bill was drawn by G. O. Whitte- more, solicitor for complainant, and describes the mortgaged premises as "being situate, lying and being in the county of Oakland, in the territory of Michigan and known and described as the west part of fractional section II, township 2 north, range 9 east, of lands directed to be sold at Detroit, by the act of congress entitled 'an act providing for the sale of the lands in the United States in the territory northwest of the Ohio and above the mouth of the Kentucky river.'" After laying before their honors, the court, the complaint of his client, expressed in piteous terms, the solicitor concludes the same by a most humble prayer that their honors would grant their orator "the most gracious writ of sub- poena, in the name of the United States of America, etc."
The first divorce suit was brought in this court July 12, 1834, being. the bill of complaint of John Runyan, against his wife, Eunice Run- yan, who he alleged had deserted him and also had been guilty of adul- tery. John obtained a decree of divorce from Eunice in February, 1835, which released him and his property from any claim she might make by virtue of her former wifehood rights; but the decree did not specifically state that either party might marry again. The complain- ant was fifty-eight years old and the defendant fifty-five.
At the October term, 1837, of the circuit court, fifteen libel suits were brought on charge of corruption growing out of the election for member of congress, in September of that year. There were two days used in polling the votes at that time and General Crary, the Democratic candidate, came out some thirty odd votes behind his competitor in the race in Pontiac township, much to the chagrin of his friends. Some of them charged certain of the Whigs with tampering with the ballot box, and issued a hand bill to that effect, which called forth the suits above named. Four of the suits were compromised by taking a judg- ment of fifty dollars, which were affirmed by the supreme court; seven were dismissed; one was tried and a verdict of three hundred and thirty- three dollars was found for the plaintiff and affirmed by the supreme court; the others were transferred to Genesee county for trial.
The regular circuit judges commenced to held court in 1848, pre- vious to that year various associate judges presiding over it, as follows: Hon. James Hunt, 1826; Hon. James Witherell, 1827; Hon. Henry Chipman, 1828; William Woodbridge, Solomon Sibley, Henry Chip- man and Ross Wilkins from 1828 to 1833, when the circuit court of the territory was created. . From June, 1833, to 1837, Judge William A. Fletcher, an associate judge of the supreme court, as chief justice, and Daniel LeRoy and Amasa Bagley as associates, held the court. The judges of the first circuit court from June, 1826, to June, 1833, were all
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members of the supreme bench of the territory. In 1837 and thence to 1839 the courts were held by Hon. George Morell, one of the associates of the supreme court, and Samuel Satterlee and David Paddack, asso- ciate judges of Oakland county. From 1839 to 1848, Charles W. Whip- ple, an associate of the supreme bench, was the presiding judge of the circuit court of Oakland, Daniel Paddack, G. O. Whittemore, Jeremiah Clark and Ziba Swan being the associates. In 1848 Judge Whipple was made chief justice of the supreme court.
Since 1848 the following judges have presided: Sanford M. Green, 1848 to January 1, 1852; Joseph T. Copeland, 1852 to January 1, 1858; Sanford M. Green, 1858 to January 1, 1870; Joseph S. Dewey, 1870 to September 1, 1873; Levi B. Taft, September, 1873, to January 1, 1876; Augustus C. Baldwin, 1876 to April 14, 1880; Silas B. Gaskill, April, 1880, to January 1, 1882; William B. Stickney, 1882 to January 1, 1888; Joseph B. Moore, 1888 to January 1, 1896; George W. Smith, 1896 to date.
PROSECUTING ATTORNEYS
The following were appointed prosecuting attorneys by the gov- ernor between 1820 and 1853, to-wit:
Daniel LeRoy, Gideon O. Whittemore, W. F. Mosely, Thomas J. Drake, Origen D. Richardson, John T. Raynor, George Wisner, James B. Hunt, James McCabe, A. H. Hanscom and Hester L. Stevens.
Elected by the people as follows: Augustus C. Baldwin, January I, 1851 to January 1, 1855; Charles Draper, 1855 to 1861; Junius Ten Eyck, 1861 to January 1, 1863; Michael E. Crofoot, 1863 to January I, 1867; Oscar F. Wisner, 1867 to January 1, 1869; Michael E. Crofoot, 1869 to January 1, 1871; Henry M. Look, 1871 to January 1, 1873; Charles Draper, 1873 to January 1, 1875; James K. Patterson, 1875 to January 1, 1879; Aaron Perry, 1879 to January 1, 1881 ; Samuel W. Smith, 1881 to January 1, 1885; Arthur R. Tripp, 1885 to January I, 1889; George W. Smith, 1889 to January 1, 1895; Frederick Wieland, 1895 to January 1, 1899; Kleber P. Rockwell, 1899 to January 1, 1905; Frank L. Covert, 1905 to 1911; Carl H. Pelton, 1911 (present incum- bent).
THE COURT OF CHANCERY
The court of chancery provided for by the constitution of 1836 was created in 1837, and the sessions of the court held up to 1840 in De- troit. The powers of this court were coextensive with those of the chancery courts of England, unless otherwise specially prohibited in the consitution or by legislation. The presiding judge was called a chan- cellor, and was appointed by the governor for the whole state, and registers were appointed for each circuit. The first circuit included Oakland county, but in 1840 two new circuits were formed, the fourth circuit comprising the counties of Oakland, Genesee, Lapeer, Saginaw, Shiawassee and Clinton, the headquarters of the circuit being Pontiac. In 1839 the chancellor's court was given cognizance of the banks, and in
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1841 the power was extended to partition and sale of lands concurrent with the circuit court. The supreme court possessed appellate powers over this court. The first term of the court of chancery was held in Pontiac in September, 1840, Hon. Elon Farnsworth, chancellor, being present, and Frederic A. Williams, register. The first case on the docket of this court was that of W. H. H. Sheldon, complainant, vs. Henry Bishop, Jane Bishop, Charles Postal and James Minot. The first two defendants were residents of Michigan, and the others were non-residents, and the complainant was ordered to publish notice of the pendency of the suit in the state paper at Detroit. On the 20th of May, 1840, the chancellor ordered a private seal to be used until a public one was made for the circuit. J. R. Bowman was appointed assistant regis- ter and Alfred Treadway was appointed taxing-master. The first decree of foreclosure to be entered in the court was on the 5th of May, 1841, in the case of Joseph B. Varnum, Dudley B. Fuller and John A. Gra- ham, complainants, vs. Omstead Chamberlain, Mary C. Chamberlain and Moses Wanzer, defendants. The amount of the decree was $2,411.77, the premises ordered to be sold being lot 66 of Pontiac.
In the spring of 1842 the official head of the court was changed, when Randolph Manning came into office. He held that position until 1846 when Hon. Elon Farnsworth again came into power, and so continued until the court was abolished in 1847. Alfred Treadway was appointed register of the circuit in 1842 and he held that position throughout the existence of the court. The business of the court was transacted and closed up by the associate justices of the supreme court, who held chan- cery terms of the circuit court. The injunction masters succeeded the associate judges of the circuit court in 1847, and they in turn were suc- ceeded by circuit court commissioners in 1852.
CIRCUIT COURT COMMISSIONERS
Circuit court commissioners were provided for in the constitution of 1850 to take the place and possess the powers of the masters of chan- cery prohibited by that instrument, and the first one was elected in 1851. Previous to this date, masters in chancery had been named by the governor, and among those who filled the office at different times previous to 1851 were Morgan L. Drake, 1847, and Calvin C. Parks, 1848. The first circuit court commissioner to be elected was William W. Phelps, who held the office two years (a single term), 1852-53. He was succeeded by Junius Ten Eyck, 1854-57; Edward P. Harris, 1858-61 ; James A. Jacokes and Joseph R. Bowman, 1862-65; Mark S. Brewer and Byron L. Ransford, 1866-69; James K. Patterson and James A. Jacokes, 1870-71 ; Joseph E. Sawyer and Thomas Curtis, 1872-73; James A. Jacokes and Edward J. Bissell, 1874-75; Edward J. Bissell and George W. Smith, 1876-77; Edward J. Bissell and Arthur R. Tripp, 1878-79; Arthur R. Tripp and James W. Bateman, 1880-81 ; James W. Bateman
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and Cass E. Harrington, 1882-83; Cass E. Harrington and Chauncey F. Newkirk, 1884-85; James H. Lynch and Peter B. Bromley, 1886-91 ; George E. Beardslee and Michael F. Lillis, 1892-93; Frank L. Covert and George Hogle, 1894-99; Charles J. Ostrander and Judson A. Fred- enburgh, 1900-03; Charles S. Matthews and Fred M. Bond, 1904-05; Charles S. Matthews and John M. Feir, 1906-07; Charles S. Matthews and Elmer E. Blakeslee, 1908-10; Elmer E. Blakeslee and E. B. How- arth, Jr., 1911-12.
CHAPTER X
THE BAR OF OAKLAND COUNTY
DANIEL LEROY-WILLIAM F. MOSLEY-THOMAS J. DRAKE-ORIGEN D. RICHARDSON-GIDEON O. WHITTEMORE-ROBERT P. ELDREDGE- SETH A. L. WARNER-WILLIAM DRAPER-RANDOLPH MANNING- CHARLES DRAPER-RUFUS HOSMER-GEORGE W. WISNER-ALFRED H. HANSCOM-GOVERNOR MOSES WISNER-AUGUSTUS CARPENTER BALDWIN-JOHN S. GOODRICH-LEVI B. TAFT-HESTER L. STEVENS- MICHAEL E. CROFOOT-HENRY M. LOOK-MARK S. BREWER-LIVING MEMBERS OF THE BAR-JUDGE THOMAS L. PATTERSON-JOSEPH ED- WARD SAWYER-GEORGE W. SMITH-ROBERT J. LOUNSBURY-AARON PERRY-DANIEL L. DAVIS-KLEBER P. ROCKWELL-ARTHUR R. TRIPP-ELMER R. WEBSTER-JAMES H. LYNCH-JOHN H. PATTERSON -F. L. COVERT-HENRY M. ZIMMERMAN-ANDREW L. MOORE-H. H. COLVIN-PETER B. BROMLEY.
The early-time lawyers of Oakland county gave a standing to its bar which ran Detroit a close second. Many attorneys of the old capital city practiced in its courts-Sibley, Woodbridge, Fletcher, Larned, Good- win, O'Keefe, Coleman-but even after members of the profession com- menced to settle at Pontiac, as a place with a substantial future, the high standing of the bar was maintained. This is true up to the pres- ent day-true both as to professional ability, moral character and manly ideals.
The following from the "History of Oakland County," published in 1877, with minor changes in the text to conform to changed conditions, gives a good general idea of the pioneer members of the bar who made reputations both for professional strength and high standing as citizens.
DANIEL LEROY
The first resident lawyer in the county was Daniel LeRoy, who was admitted to practice in the county court, the first court held in the county, and on the first day of the first term thereof to-wit, July 17, 1820. Mr. LeRoy was from Binghampton, New York, and was a regularly ad- mitted and practicing attorney in that state previous to his coming to Michigan. He was the prosecuting attorney of the county for some years, and chief justice of the county court from April, 1829, to the abolishment of the same in 1833. He was also the first attorney-gen-
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THOMAS L. PATTERSON
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eral of the state, being appointed to that office by Governor Mason, in 1836. Judge LeRoy was a lawyer of ability, and ranked high in the bar of the state. He retired from practice late in life and died at Fenton, Genesee county.
WILLIAM F. MOSLEY
The next resident lawyer in the county appears by the record to have been William F. Mosley, who was admitted to practice before the county court at the February term, 1825; and was appointed by the court prosecuting attorney for the term. At the June term, 1826, the first term of that court held in the county, Mr. Mosley was admitted to practice before that court, and in 1828 was judge of probate. He removed from the county into Shiawassee county, where he died in 1860, while prosecuting attorney. He was from Connecticut.
THOMAS J. DRAKE
At the same February term of the county court, 1825, Thomas J. Drake was allowed to act as attorney for such parties as had given him powers of attorney for that purpose. Mr. Drake first came to Pontiac in 1822, when there were scarcely half a dozen houses in the township. He was a leading and prominent advocate for nearly two generations. Hon. A. C. Baldwin, judge of the sixth circuit, says of him: "He was connected as counsel with most of the leading cases in northern Michi- gan during a long term of years, and was always in his element when advocating the cause of the people." He was a member of the third legislative council in 1828, and, with S. V. R. Trowbridge, represented the whole northern portion of the territory. Mr. Drake was the ac- credited author of the liberal exemption laws of Michigan, introducing them into the legislative council at a time when they were so unpopular not a single member, save himself, dared to vote for them. From 1828 1845 he was prominent in political matters, being a Whig in party af- filiation and policy. He was elected in 1834 to the state senate to repre- sent a district which extended from the base-line of the state to the head of Lake Superior, embracing two-thirds of the area of the state. He was president of that body. In 1840 he was one of the Whig presidential electors for Michigan at her first participation in the choice of a president and vice president of the republic. In 1828 he was regis- ter of probate for the county, and in 1827 prosecuting attorney, being also the first prosecuting attorney elected in the county, and held the position from 1850 to 1852. In 1864 President Lincoln appointed Mr. Drake chief justice of the United States courts in Utah, which position he held for several years, discharging the duties thereof with signal ability and fidelity, and thereby provoking the bitter hostility of Brigham Young and his cohorts. "The Mormons hated him as cordially as he hated their customs and practice." Judge Drake's associate justice in Utah said : "When once the judge made up his mind that he was right, no power under heaven could swerve him from the path of duty." He died in Pontiac, April 20, 1875. Judge Drake, in 1842 or thereabouts, conducted the publication of a Whig newspaper in Flint, which in the winter of 1843-44
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was removed to Pontiac and there established as the Gazette. He also built the Genesee House in Flint, and resided there for some years, do- ing much for the prosperity of the village.
ORIGEN D. RICHARDSON
The next attorney admitted to the bar in the Oakland courts who attained a "local habitation and a name" in the county was Origen D. Richardson, who, for nearly thirty years, was a leading and prominent member of the bar, and noted as well throughout the state. He was ad- mitted at the July term, 1826, of the circuit court, having been a regular practicing attorney in Vermont, from whence he came to Michigan in 1826. He began and completed his study of the law, preparatory to his admission to practice, with his brother-in-law, Israel P. Richardson, in Vermont. He was prosecuting attorney of the county in 1832, and was elected lieutenant-governor of Michigan in the fall of 1841, and again in 1843, serving the state in that position during the years of 1841-45. In the fall of 1854, Governor Richardson removed to Omaha, Nebraska- a territory then-and, as a member of the first and second sessions of the legislature of the new state, "acted a prominent and useful part in framing some of the laws now on its statute books." He was one of the commissioners to codify the laws of the state. He died at Omaha, No- vember 29, 1876, at the advanced age of eighty-one years, of apoplexy ; and was followed by his almost equally aged wife and companion but a brief period afterward, and with her was laid to rest in the same grave in Prospect Hill cemetery and on the same day.
GIDEON O. WHITTEMORE
Another prominent attorney and citizen of Oakland county, who was admitted to the practice of the law before the courts of the county at the same time as Governor Richardson, viz., February term, 1826, was Gideon O. Whittemore, Esquire, who located at Pontiac and was after- wards judge of probate, master in chancery and prosecuting attorney. He was also a prominent justice of the peace. He removed to Tawas, in this state, where he died some years ago. Mr. Whittemore was one of the first regents of the University in 1837.
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