USA > Michigan > Oakland County > History of Oakland County Michigan a narrative account of its historic progress, its people, its principal interests Volume I > Part 23
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57
"Mr. Le Roy was appointed the first prosecuting attorney for the county. He was also justice of the peace, and in 1822 postmaster. In 1831 he was appointed United States attorney for the territory of Mich- igan.
"Mr LeRoy was chief justice of the county court of Oakland county, and held the office for two years, and in 1833 one of the judges of the county for the term of three years.
"In November, 1835, Governor Mason, acting governor, appointed him one of the commissioners to settle the boundary dispute between Michigan and Ohio. He was a member as early as 1830 and 1831 of the territorial council. Upon the organization of the territory as a state, Mr. LeRoy was appointed in July, 1836, the first attorney general of the new state.
"The foregoing brief synopsis shows that Judge LeRoy took a very active and prominent part in our history. The important offices that he held is most convincing evidence of his popularity and ability. About 1850 he left Pontiac and removed to Fenton, where some of his children re- sided, and where he died at a ripe old age February II, 1858.
"For several years after the organization of the county Mr. Le Roy was the sole resident lawyer. The court was attended, however, by many Detroit lawyers ; among them George A. O'Keefe, John Hunt, Benjamin F. H. Witherell, Charles Larned, William A. Fletcher, Henry Chipman, William Woodbridge and others ; all men who subsequently became prom- inent not only in their profession but in the state's early history.
"William F. Moseley was admitted as a practitioner on the 14th of February, 1825. He was the next person admitted after Mr. Le Roy, as the records of the court show, who resided in the county of Oakland. Vol. I-11
164
HISTORY OF OAKLAND COUNTY
Where he previously resided, or where he was educated, I have been unable to learn. The records show that he was a prominent practitioner while a resident of the county. An anecdote that I heard related of him about sixty years ago I think will bear repetition. He was defending some boys for some trivial offense before a justice in a neighboring town. In the course of his argument before the justice he said: 'May it please your honor, these boys being arrested for a criminal offense, it is neces- sary for the prosecution to prove the offense charged beyond a reason- able doubt; for it is a principle of law that every man is presumed inno- cent until he is proven guilty.' 'Stop, sir,' said the justice, who was an Old School Presbyterian, 'you are mistaken, Mr. Moseley, the rule is, mankind is naturally depraved.' Mr. Moseley resided in Oakland county about twelve years, when he removed to Genesee or Shiawassee county, Mr. Moseley was a representative of Oakland county in the legislative council in 1826.
"The succeeding attorneys who settled in Oakland county were Thomas J. Drake and Origen D. Richardson. They came into the county as early as 1825 or 1826, the precise date at this time being very difficult to determine.
"Mr. Drake was born April 18, 1797, in Scipio, Cayuga county, New York, and was educated in the schools of that vicinity. From the rec- ords I should judge he came to Oakland county in 1824, and at that time was not admitted to practice law here, but in March following he entered a plea in a case for the defendant by previously filing letters of attorney, authorizing him to appear. From this time on Mr. Drake took a very active part in legal and civic affairs in Oakland county until near the time of his death.
"Prior to the admission of Michigan to statehood he was a member of the territorial council; was register of probate; captain and lieutenant colonel of the militia, and one of the commissioners to locate the county seat of Saginaw county. After the admission of the state, Mr. Drake was elected to the senate, and was made president pro tem of that body. He was elected prosecuting attorney for Oakland county, holding that office two years. About 1837 Mr. Drake removed from Pontiac to Flint, where he resided a few years, when he returned to his prior home, and there continued to live until his death. He was appointed by President Lincoln as one of the associate justices of Utah, which office he continued to hold for many years. He had an intense prejudice against Mormon- ism, and his nature would not permit him to conceal his views; conse- quently his judicial life was not as pleasant as it would have been if he had possessed a more yielding nature. His health became somewhat im- paired and he resigned his judgeship two months prior to the expiration of the term. He was an unyielding lawyer, indefatigably zealous in the interest of his clients. He possessed strong personal traits, and during his earlier days had many devoted friends and followers. Mr. Drake died in Pontiac on the 20th of April, 1875.
"Gideon O. Whittemore was in active practice in Oakland county in 1836, and continued in practice for about fifteen years. The record shows that on the 13th of February, 1826, he was appointed prosecuting attorney for the term. He served one term as secretary of state, and was
165
HISTORY OF OAKLAND COUNTY
a member of the Board of Regents and the Board of Education of the state. Soon after this he removed from Pontiac to Tawas, Iosco county, where he died.
"There has been some discrepancy as to the time when Origen D. Richardson took up his residence in the county of Oakland. The court records first show his active participation in legal proceedings on the 20th day of July, 1826. Mr. Richardson was born in Woodstock, Vermont, July 20, 1795. He studied his profession there; and while a student in the office of his cousin, Israel B. Richardson, his patriotism induced him to join the army. He was present and participated in the battle of Platts- burg. He continued in practice in Vermont until 1826, then he removed to Pontiac. He was a patient, painstaking practitioner, and took a deep interest in the affairs of his adopted state. For twenty years after Mr. Richardson settled in Pontiac, his counsel was widely sought, and his legal opinion had almost the effect of statutory law. He was cautious in giving his advice. In his intercourse with his fellow citizens he was not effusive, but was conservative, careful and courteous. He seldom had an altercation with his associate attorneys, and was ever ready to lend a helping hand in case of emergency. The result was that there was a kindly feeling toward him, which added greatly to his popularity. Mr. Richardson was a member of the first convention of assent relating to the admission of Michigan into the Union, held at Ann Arbor in Septem- ber, 1836. He was also a member of the first legislature, which con- vened at Detroit, November, 1835, and was also a member of the Sixth legislature, which convented at Detroit, January 4, 1841.
"In the fall of 1841, the time that John S. Barry was first elected governor, Mr. Richardson was on the ticket with him for lieutenant governor, and was elected to the office. He was reelected in 1843. At the termination of his office he returned to Pontiac and resumed the duties of his profession until the fall of the year 1854, when he went to Omaha, Nebraska. Soon after his arrival there he was elected to the upper house of the first legislature, and was subsequently reelected for the ensuing term. He was appointed one of the commissioners to revise and codify the laws. Though nominally residing in Nebraska and hold- ing official positions there, his family remained in Pontiac, and, con- tinued there until 1874, when they removed with Mr. Richardson to Omaha. Mr. Richardson, after his final removal to Omaha, survived only two years, dying November 30, 1876. Mr. and Mrs. Richardson had lived together nearly fifty years in the most happy relations, and at his demise she was so stricken with grief that she survived him but three days, and they were buried at the same time.
"Robert P. Eldredge was admitted to the bar in Oakland county, November, 1828. He read law with Governor Richardson, and soon after his admission to the bar he removed to Mt. Clemens, where he located and resided until the time of his death.
"Seth A. L. Warner, one of the old and prominent attorneys at Oak- land county, was born in Saybrook, Connecticut. After pursuing the preliminary studies in the common schools of the country, he perfected his education at Cambridge, Massachusetts. He afterwards located in Tompkins county (now Schuyler), New York. He came to Michigan
166
HISTORY OF OAKLAND COUNTY
in 1825 and settled in what was over two years later organized into the township of Farmington, and in March, 1830, he was admitted to practice his profession of law in the courts of Oakland county. His location in Farmington at that time was not remarkably favorable for a very extensive practice, yet, being a well educated and well read law- yer, he secured his share of business. Mr. Warner, after more than twenty years' residence in the county, and being over sixty years of age, died in Farmington on the 5th of March, 1846, honored and re- spected.
"Isaac Stetson, a lawyer who had practiced in Indiana and other states, was admitted in 1830. Nothing more is known of him here.
"In October, 1832, John Goodrich was admitted, and he died in Sep- tember, 1838.
"In October, 1833, Henry S. Cole was admitted, but nothing further appears relative to him.
"Randolph Manning was born in Plainfield, New Jersey, May 19, 1804. He studied the profession of law in the city of New York, and in 1832 he.came to Michigan and commenced the practice of his chosen profession in Pontiac. He was careful and studious, persistent and energetic, and his ability at once gave him a standing of the first rank among the attorneys of Michigan. He was prominent in all the under- takings for the improvement and advancement of his selected residence, and for over thirty years after coming to Michigan he filled some of the most important judicial positions. We first ascertain that in 1835, when the question of the admission of Michigan into the Union was being agitated, he was elected one of the delegates to the convention at Ann Arbor to form the constitution and was placed upon the judiciary committee. Among his associates were such men as Ross Wilkins, William Woodbridge, Isaac E. Crary and Robert McClelland, historic characters. Mr. Manning was elected a senator from the county of Oakland and the territory attached, embracing the upper peninsula, holding the office for only one session. February, 1838, he was appointed secretary of state, an office he held for two years. The judiciary sys- tem under the constitution of 1835 embraced a court of chancery. Mr. Manning was appointed chancellor in 1842, an office which he resigned in 1846.
"Walker's Chancery Reports contain Chancellor Manning's opinions while holding his office, and they are a fitting memorial of his capacity, industry and conscientiousness ; and although nearly sixty years have elapsed since these opinions were given, they are still cited with great approbation. As chancellor he was ex-officio a member of the Board of Regents. Mr. Manning was a reporter of the decisions of the supreme court, commencing with the January term of 1847, and ending with October, 1850. He was also a member of the State Board of Education in 1849. When the present supreme court was organized in 1857, Mr. Manning was elected one of the judges, taking his seat January 1, 1858, and when the respective judges drew for their term, Mr. Manning's was for four years. He was reelected in 1861 for a second term of eight years. For several years before his death he was a sufferer from heart disease, but his condition was not considered precarious. On the
167
HISTORY OF OAKLAND COUNTY
3Ist of August, 1864, he spent most of the afternoon with one of his associates, the venerable Judge Christiancy. Judge Manning was in his usual health, and after returning home spent the evening with his family. About nine o'clock in the evening his elder daughter left the room knowing nothing of any danger, and returning immediately, found her father unconscious; he survived but a few moments, passing away without previous warning and without pain. Thus passed away an able and upright judge. On April 3, 1889, an oil portrait of Judge Manning was presented to the supreme court by his children. Judge Campbell in accepting the portrait in behalf of the court said: 'Such men when they die do not lose their influence, and I believe the time never can come when the name of Chancellor Manning or Judge Man- ning, will be separated from the legal reforms of the state or from the rules of justice that he did so much to establish. He was worthy of veneration and his name and memory will always be cherished. We accept the portrait with great pleasure, and it will be preserved on the walls of the court room."
"At the October term, 1833, at Pontiac, William Draper was admitted to practice. He was born in Marlborough, Massachusetts, February 12, 1780, and was educated at Harvard University. He studied law and practiced his profession near Boston. Some of his early acquaintances had removed to Pontiac, Michigan. Meeting them afterwards he de- cided to make a visit and came to Pontiac in the spring of 1833. Pleased with the country and with the location of Pontiac, he decided to remain and practice his profession here. Mr. Draper was a thoroughly equipped lawyer, and at once entered into an extensive practice. At the time he came to Michigan the question of the admission of Michigan as a state was being agitated, which continued for several years. A convention was held to adopt a constitution, and one was formed.
"Congress was in favor of releasing a portion of the southern bound- ary of Michigan to Ohio, and giving to Michigan the upper peninsula in lieu of such territory. Among others Mr. Draper took an active part against surrendering any territory to Ohio. When the convention was called to meet at Ann Arbor to oppose the scheme, Mr. Draper was elected one of the delegates from Oakland county, and he was selected as the presiding officer of the convention. After Mr. Draper came to Michigan he had a large practice for about twenty years. Part of this time he was in partnership with his son Charles and his nephew, Rufus Hosmer. About 1850 his health began to fail and continued to fail until 1858, when, hoping for improvement, in July of that year he took a trip to Mackinac, where he soon after died. He was a quaint, peculiar man. He had his own notion of legal ethics, was a strict disciplinarian, and could hardly tolerate some of the simple pleasantries of a country bar, but his brother attorneys all respected him, and 'Father Draper,' as he was called by almost all of his brethren, did not have an enemy among them. During his later years he surrendered his practice and spent his time with his fishing rod among the numerous lakes surrounding Pontiac.
"Morgan L. Drake was born in Scipio, Cayuga county, New York, October 18, 1813. He was educated in the common schools of that vi- cinity ; lived in Perry, New York, studied law, and came to Michigan.
168
HISTORY OF OAKLAND COUNTY
He was admitted to the bar in Oakland county in July, 1835. He devoted himself to his professional duties until 1836, when he was elected register of deeds for the county of Oakland, which office he held for two years. In his profession he made equity and equity practice a specialty, and in equity cases he was more at home than in any other branch of his pro- fession. As a speaker he was extremely prolix. While Mr. Drake de- voted much of his time to his professional duties he was also engaged in many other matters tending to develop and improve the country. He was one of the active promoters of the Flint & Pere Marquette railroad. While he was giving his chief attention in his practice to equity, he was fairly well read in the various branches of the law. On one occasion while en- gaged in a suit pertaining to a mill dam ownership, about two o'clock in the afternoon an important witness for Mr. Drake's client was called. The fact was first made known that the witness had gone to Detroit. Then there were no telephones, telegraphs or railroads, nothing but the dirt road to travel. The witness had not been subpoenaed, but had prom- ised to attend; forgetting his promise he had left without notifying the party engaging him. Mr. Drake appealed to the court to have the case continued until the following morning, stating his position. The court, Judge Whipple presiding, informed him that it was his duty to have properly subpoenaed the witness, and denied the application. Mr. Drake, not disheartened, then made a motion for continuance. On rising he said : 'Your honor, this being an important matter, contrary to my usual custom, I shall have to discuss it at considerable length.' The court, knowing Mr. Drake's prolixity, was bewildered. He saw in his mind's eye an afternoon's task before him, and he turned to the crier and said : 'Mr. Crier, adjourn the court until tomorrow morning at nine o'clock.' Drake's object was accomplished. He died in Pontiac in 1865.
"Rufus Hosmer was of Massachusetts origin, and was educated at Harvard University. He came to Michigan soon after his uncle, William Draper, and was admitted to practice in Oakland county. He was more addicted to fun than to the dry technicalities of the law. Soon after his admission he practiced with his uncle, William Draper, and after Charles Draper was admitted the three practiced together. Subse- quently he entered into partnership with George W. and Moses Wisner. He continued with them until George W. Wisner went to Detroit to take charge of the Detroit Advertiser, and after his death Mr. Hosmer suc- ceeded him in the charge of that paper. He afterwards removed to Lansing; was state printer for a time, and was connected with the Lans- ing Republican. He was a ready wit, a fine genius, a companionable and popular man. He was appointed consul to the Netherlands, but death took him before he departed for that post of duty.
"Phillip A. Mcomber was admitted to practice as an attorney in the state of New York, and coming to Michigan was admitted to practice here in 1825. He afterwards removed to one of the counties west of Oakland.
"John T. Raynor came to the state and was admitted to the practice of law in 1835. He located near Franklin. He was a prosecuting at- torney in 1835; was elected county clerk for the county in 18-, and held that office for four years. After this Mr. Raynor had an official position
ยท
169
HISTORY OF OAKLAND COUNTY
in Washington for a short time; on his return from Washington, he re- moved to Lansing, where he died. He was a pleasant, agreeable man; one who was most careful about saying anything to wound the feelings of another. He was a good lawyer, but his extreme amiability and tim- idity were not conducive to his general success in his profession.
"Edward Pratt Harris was born in Ashburnham, Massachusetts, November 17, 1802. After passing from the common schools, he was prepared for college at Phillips Academy in Exeter, New Hampshire, and at Atkinson (N. H.) Academy, and finally graduated at Dartmouth College in 1826. For a time he was principal of an academy at Brad- ford, Vermont, and after his admission to the bar he practiced for a short time at White River Junction, that state. The business of the legal pro- fession in staid New England did not satisfy the ambitious young man. He gathered his worldly possessions and wended his way westward, com- ing to Michigan in 1836 and settling in Rochester, Oakland county, commencing there the practice of his profession. He was postmaster dur- ing Fillmore's administration, circuit court commissioner from 1859 to 1862, and a delegate to the constitutional convention in 1867. He was de- voted to his profession, and had a reasonably fair practice in the locality where he resided. He attended most strictly to the interests of his clients and omitted nothing that would have a tendency to protect them. Of course this location was not such as to give him a large or varied assort- ment of cases, but such as he had were attended satisfactorily to his clients. After his location at Rochester in 1836 he continued his resi- dence in that place until his death, which occurred in March, 1868.
"Alfred Treadway came to Michigan about 1835 or 1836, and soon after was admitted to the bar.
"After the organization of the state, one session of the supreme court and one session of the court of chancery were held annually in Pontiac.
"Soon after Mr. Treadway's admission he was appointed clerk of the supreme court and register in the court of chancery, which offices he held until the change in the judicial system. He was also an injunction master for the county. At the session of the legislature in 1844 an act was passed empowering the judges of the supreme court to appoint a suitable person to revise the laws of the state. Sanford M. Green was appointed by the judges for that purpose, and he selected Mr. Treadway as his chief clerk and from that time until the session of the legislature in 1846 Mr. Green and his assistants were continuously employed in their labor- ious duties, and Mr. Treadway copied and wrote during the time the entire Green Code of 1846. Mr. Treadway was afterwards a document clerk in the United States senate, and subsequently was an employe in one of the departments in Washington. He did not return to Pontiac to reside, but removed to Rhode Island, near Providence, where he afterward died. He was an ardent Mason, and took a lively interest in the resuscitation of the Masonic lodge in Pontiac.
"George A. C. Luce was admitted to practice law in Oakland county May 2, 1837. He was a well educated man, thoroughly versed in his pro- fession. After his admission he settled in Troy. Mr. Luce was in feeble health and died at the place of his residence.
"John P. Richardson was born in Woodstock, Vermont, August 23,
170
HISTORY OF OAKLAND COUNTY
1792. He was graduated at Dartmouth College in 1816, and read law with Israel P. Richardson and Judge Aldis, of St. Albans, and afterward with Heman Alton, of Milton, Vermont. After his admission to the bar he practiced law for some years in Burlington, that state. In 1837 he removed to Pontiac, where he was admitted to practice on the 9th of November of that year. He continued to practice in Pontiac until 1845, when he was appointed in the land office of Sault Ste. Marie, in which office he continued until 1848. He also acted as prosecuting attorney during the time he was in Chippewa county. While a resident of Oak- land county, he was master in chancery. He removed from Pontiac to Leavenworth, Kansas, where he resided until his death, September 8, 1866. He was a kind, a genial man, but was rather singular in some of his opinions. He was a sincere friend of the laboring classes of the com- munity, planning and scheming to elevate their condition. As a law- yer Mr. Richardson was well prepared for his professional duties, but he was not a ready speaker. He was extremely cynical in his remarks before a court or jury. In his intercourse with his fellow men he was just and upright in all his dealings.
"Charles Draper was born in Marlborough, Massachusetts, in No- vember, 1811. After pursuing the requisite studies necessary to enter college, he entered Cambridge University and graduated therefrom in June, 1833, taking a degree of bachelor of arts. In November of that year he came to Michigan to meet his father, William Draper, who had about six months previously removed to Pontiac. Mr. Charles Draper taught school about one year in the old academy in Pontiac; at the same time he was reading law under the direction of his father. He was elected county clerk in 1836 on what was called the state's rights ticket, and held the office for two years. After pursuing the necessary studies he was admitted to the bar of Oakland county November 27, 1838. After Mr. Draper's admission to practice law he remained in his father's office and practiced with him for many years. He was fortunate in having a large office experience, his father being a lawyer of long standing in Massa- chusetts. Mr. Draper was well versed in the preparation of legal papers, and after his commencement of practice in Oakland county the knowl- edge he had thus acquired became extremely useful to him. I think it can truly be said of him that there were few attorneys in Michigan that excelled him in celerity of drafting or in the correctness of his legal papers. He was elected for several terms as prosecuting attorney of Oakland county, and always most satisfactorily performed the duties of the office. In 1868 Mr. Draper was elected to the senate of the state of Michigan, and held the office for one term. He was an intense partisan and had no sympathy for, or patience with, any principles adverse to what he himself believed. During the Civil war, and for twenty years after, any person disagreeing with Mr. Draper's political views was a 'copperhead,' but notwithstanding the intensity of his zeal upon political subjects he was a man of the most genial disposition, and in twenty min- utes all excitement would be over and the political feelings of the past for- gotten. He was a true and devoted friend, and I can most cheerfully say, after over thirty years association with him in legal business, that a kindlier, more helpful or more upright individual could not be found.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.