USA > Michigan > Oakland County > History of Oakland County Michigan a narrative account of its historic progress, its people, its principal interests Volume I > Part 24
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Excitable and intense as he was in his convictions, there was nothing revengeful in his disposition, and if any person had any ill feelings on account of a remark that Mr. Draper made he was always ready to make the fullest acknowledgements. In the prime of his life Mr. Draper was a most excellent lawyer, and had an extensive practice. In 1884 he was stricken with apoplexy, and was compelled to retire from business. He partially recovered, but on April 23, 1900, he died at Midland, being at the time one of the oldest lawyers in the state. Through all his eccentric- ities and the intensity of his political feelings, I do not believe that he had a personal enemy.
"George W. Wisner was born near Auburn, New York, in 1812. Prior to 1835 he had been prominently connected with, and owned a half interest in the New York Sun. He disposed of his interest, and in September of that year removed to Pontiac. Shortly after his arrival he commenced the study of law with William Draper. While in Pontiac he took an active interest in politics, and in 1837 he was elected to the legislature. After this he was admitted to the practice of law in 1839, and soon after formed a partnership with Alfred Treadway. Succeeding the partnership with Mr. Treadway a new one was formed with Moses Wisner and Rufus Hosmer, which continued until he removed to Detroit. In the fall of 1847, Mr. Wisner, in connection with others, purchased the Detroit Daily Advertiser, which he creditably managed until his death. He was an intense Whig, and never let an opportunity pass without giving his opponents a castigation. He was a fluent speaker, and indulged freely in sarcasm. In 1842 he was a candidate for congress in the Oakland county district extending to Mackinac, thence through the upper penin- sula ; after a severe and bitter contest Mr. Wisner was defeated. In the practice of his profession Mr. Wisner was very happy and pertinent in his remarks. On account of his tact he would carry the jury with him. On one occasion he was trying a man for setting fire to his own barn. Hon. Jacob M. Howard, then considered one of the ablest attorneys in Michigan, was the defendant's attorney. Mr. Howard attempted to show that the fire was the result of spontaneous combustion, and made an elo- quent appeal to the jury to sustain his theory. The case was one that caused much excitement. Mr. Wisner, in prosecuting the case, entered into it with all his professional zeal and in replying to Mr. Howard's theory of spontaneous combustion (the evidence showed that there were tracks around the stack where the fire originated, which was situated close to the barn) Mr. Wisner said: "Gentlemen of the jury, did you ever hear of a case where Providence came down to earth on a dark stormy night, put on a pair of old boots, sneaked around a straw stack and applied a match to the stack for the purpose of getting the insurance on the barn and its contents?" Suffice to say the jury had not heard of such an occurrence, and when they retired to the jury room they promptly found the defendant guilty.
"Mr. Wisner died in Detroit, in September, 1849, and was buried in Pontiac. He was the father of Oscar F. Wisner and Henry C. Wisner, two prominent lawyers, the first in Saginaw, the latter in Detroit, and both now deceased.
"Alfred H. Hanscom was born in Rochester, New York, and at an
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early period of his life came with his family to Macomb county, Michi- gan. He was educated in New York prior to his removal. From Ma- comb county he moved to Troy, in Oakland county, and was admitted to the bar in Pontiac in 1838. Few persons have been more gifted as speakers than was Mr. Hanscom, and it was said of him that he was one of the most eloquent advocates in the country. He was appointed pro- secuting attorney for Oakland county in 1850, and held the office for two years. He was elected a member of the Michigan house of repre- sentatives for 1842, and was re-elected for the session of 1845, of which house he was elected speaker. While Mr. Hanscom was in practice in Pontiac, on account of his forensic ability and tact he was employed in all the most important criminal cases. He afterwards removed to Ontona- gon ; while there he made a visit to Pontiac and died on board the vessel as he was returning to his northern home. Mr. Hanscom was a member of the convention of 1850, which convention formed the present constitu- tion of Michigan.
"Samuel G. Watson was admitted to the practice of law before he took up his residence in Pontiac. He was prosecuting attorney for a time. While in Pontiac he formed a partnership with James B. Hunt. He was an educated and prominent lawyer. He afterward removed to Detroit, entered into practice there, and subsequently died.
"Henry C. Knight was born in Washington county, Pennsylvania. After his admission to the bar he came to Pontiac and entered into part- nership with Origen D. Richardson. He was a well educated man and well equipped in his profession. While in Pontiac he gave his whole at- tention to legal business, and he was a valuable accession to Mr. Rich- ardson's office. Subsequently he removed to Detroit, where he con- tinued his practice of law until his death.
"James B. Hunt's father was a citizen of Westchester county, New York, and went to Demarara, South America to reside. During his resi- dence there he was married, and James B. Hunt, his second child, was born in that place. When he was four years old his father returned with him to New York. Mr. Hunt attended the academy at Fairfield, Herki- mer county, where he completed his classical studies and there he entered the office of Michael Hoffman to prepare himself for the practice of law. He was admitted as an attorney of the supreme court of New York, February 22, 1824, and as counselor in 1837. He was prosecuting attor- ney for the county of Herkimer for two terms. In 1835 he was in- spector general with the rank of colonel in the New York militia. In the summer of 1835, on account of a lung difficulty, Mr. Hunt was or- dered by his physician to go west, settle on a farm and work out of doors. He came to Michigan in that year and settled on the bank of Elizabeth lake, near Pontiac, Oakland county. In March, 1837, Mr. Hunt was appointed one of the commissioners of internal improvement by Gov- ernor Mason. As such commissioner he had charge of the construction of the Michigan Central railroad from Detroit to Ann Arbor; the con- struction of that portion of the Clinton and Kalamazoo canal from Mt. Clemens to Rochester, and other works of internal improvement. After he was admitted to practice law in Oakland county he opened an office in Pontiac, and continued practice in that place until he was elected to con-
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gress in 1842. He remained in congress for four years, and in January, 1848, he was appointed registrar of the land office at Sault Ste. Marie, which office he held until June, 1849. After that he returned to Pontiac, holding the office of circuit court commissioner of Oakland county until he removed to Washington, D. C., where he died in August, 1857.
"Ransom R. Belding was born in Fabius, New York. He came to Michigan and taught district school for some time. His education was acquired principally from the common schools of Michigan and New York. In 1836 he entered the office of O. D. Richardson, of Pontiac, as a student of law. After studying the required period of three years he was admitted to practice in 1839. He was a diligent student, and became well versed in his profession. For some time he was clerk of the circuit court. In the fall of 1840 he was elected registrar of deeds for the county of Oakland, which office he held for four years. For a time, in 1841 and 1842, Mr. Belding edited the Pontiac Jacksonian, a democratic newspaper, published in Pontiac. He took a great interest in the cause of education and contributed many articles relative to the improvement of our schools. He had little or no taste for the practice of law, and devoted the most of his time to more congenial matters, notably politics. He died in 1846, in Birmingham, Oakland county.
"Moses Wisner, in his day one of the most noted and promising law- yers of Oakland county, was born in Springport, Cayuga county, New York, June 3, 1815. His education was acquired in the common schools of the country, such as they were in his boyhood days. He was brought up a farmer. In 1837 he left his native place, and migrated to Michigan. He soon purchased a piece of land in Lapeer county, and commenced clearing it for a home. The task was uncongenial, and he decided to abandon it and try his fortune in a different location. He came to Pon- tiac and entered his brother's office as a student of law. After his ad- mission to the bar Mr. Wisner first removed to the village of Lapeer, and was appointed prosecuting attorney by Governor Woolbridge. He remained in Lapeer but a short time and then returned to Pontiac, entered the firm of Wisner and Hosmer, and engaged in the active practice of the law. He devoted himself assiduously to his profession. It was only a short time before he was recognized as one of the rising lawyers of the country. His partner, Hosmer, was naturally indolent ; his brother George was deeply immersed in politics, and the real, hard labor of the office devolved upon Moses. The firm possessed, for that time, a fine library of books and to these Mr. Wisner gave much attention, preparing himself as much as his circumstances would admit for the trial of his cases. In his intercourse with his fellow lawyers he was fair and courteous, never treating them with coarse invective but as professional equals. He had great taste for farming and gardening, was an ardent lover of flowers, and during the latter years of his life he had a great profusion of them around his residence. On his homestead he planted a small forest of pine trees, which still remain after many long years, a monument of his ar- boreal tastes. Mr. Wisner during his professional career in Pontiac very regularly attended the terms of court in Genesee and Lapeer counties, and there was very rarely an important case in either of those counties in which he was not engaged. As an attorney he was popular and had a
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large clientage. He gave great care to the preparation of his cases for trial, and if his life had been spared, and he had continued in his pro- fession, very few would have excelled him as a trial lawyer. After Mr. Wisner came to Michigan he connected himself with the Whig party; and upon the formation of the Republican party he joined that, and was quite ultra in his views relative to the questions advocated by his associ- ates. In 1858 he was nominated for governor by the republican party, and was elected. He assumed the duties of his office, and performed them conscientiously and honorably, and, as was supposed, to the full satisfac- tion of the people.
"John McKinney was elected state treasurer on the ticket with Mr. Wisner. At the time of his election there was not a doubt or suspicion of Mckinney's honesty and integrity ; every one had the greatest respect for him. The treasurer of Michigan has the control of the state's moneys, and the governor could not at that time remove him unless he was impeached; nor can the governor himself handle, touch, or control, of his volition, one cent of that money. During Mckinney's administra- tion rumors arose that matters were not all correct in his office. His friends could not believe that there was any dishonesty in his actions, and they attempted to combat the charges that were hinted against him. Mr. Wisner was among his friends, and believed him to be honest, and he said : 'Mckinney is as honest a man as ever lived.' Time passed and Mckinney proved to be a defaulter. The time for the nominating of 1860 approached. The Democratic papers all over the state were rife in their charges relative to Mckinney's defalcation; the Republicans could not in any way justify him. They saw and heard the statement Governor Wisner had made, that 'Mckinney was as honest a man as ever lived,' and they were compelled to drop Governor Wisner. He had made as excellent an administration as any one of his party that preceded or suc- ceeded him; but he was the victim of circumstances over which he had no control; he had to suffer for the acts of another. If there were blame, it must lie with the people who nominated and elected John McKinney ; but no blame can be attached to them for they believed him at the time, just as Governor Wisner had said. After his retirement from the office, Mr. Wisner resumed the practice of his profession in Pontiac and con- tinued until the summer of 1862. Then he conceived the necessity of raising troops for the Civil war. The regiment was raised in the counties of Oakland, Lapeer and Macomb, and he was commissioned its colonel, September 8, 1862. The regiment was assembled at Pontiac, on the old fair ground in that city. It was composed of as fine a body of men as could be found in the respective counties, and Mr. Wisner was untiring in his efforts to educate them in their military duties and make soldiers of them. At the time he lived about half a mile from the camp, and the soldiers lived in their tents. Mr. Wisner to allay all feeling left home and took up his lodging in his tent with the soldiers. His regiment, the 22d, was sent to Kentucky near Lexington, where Mr. Wisner was taken sick and died January 5, 1863.
"The first circuit court held in Oakland county was begun on the 19th day of June, 1826, almost six years after the first opening of the Oakland county court. Hon. John Hunt, of Detroit, was the first presiding cir-
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cuit judge ; and that court lasted about four days. The next term of the court was the March term, 1828, and the Hon. Judge Chipman, of De- troit, circuit judge presided; that court lasted one day. The third term held began on Monday the 6th day of October, 1828; Hon. William Wool- bridge, and Hon. Soloman Sibley, both of Detroit, circuit judges, jointly held that term of court which lasted two days. From that time, through Michigan's territorial existence, until 1839, the circuit court was held from time to time by circuit judges residing outside of Oakland county. The first legislature that convened after Michigan became a state passed an act dividing it into four judicial circuits, Oakland county being in- cluded in the fourth. The office of circuit judge was not filled until 1839; and there was considerable effort made among the various aspirants to obtain the position. The friends of Origen D. Richardson made much effort to have him obtain the office, but they were not successful. After quite a warm contest Governor Mason decided to appoint Hon. Charles W. Whipple, of Detroit. The friends of Mr. Richardson had urged that the nominee should be taken from the judicial district, and this feeling was quite general among the profession; but they yielded gracefully, and acorded Judge Whipple a kind reception. When he came here there had been a long vacation for the'want of a judge, resulting in a large docket ; and Judge Whipple held his first term of court in this circuit, in the fall of 1839. The circuit extended northerly to Mackinac county, and west- erly to and including Ionia county.
"I have thus briefly sketched a fragmentary history of all the at- torneys practicing in Oakland county, prior to 1840. Nearly all of them were more or less intimately associated with its early history ; many of them with that of the state, having not only a local reputation, but a state reputation.
"Almost from the first organization of the territorial council, Oakland county was represented in that legislative body. In the various conven- tions relative to constitutions, Oakland county held important positions, and had its share of influence. It is well, therefore, that the names of the attorneys of Oakland county in its infantile days should be preserved. This particularly also applies to the counties older than Oakland, Wayne, Monroe and Macomb. They have had their influential men, whose names will soon pass into oblivion unless some person, or persons, assumes the labor to preserve, even in the slightest degree, their memory.
"To write such a history is no easy task. A lawyer moves into a town or city, and practices his profession there for several years; he is an able and influential man; he dies; and how long do you suppose it takes for his name to be utterly forgotten? No person thinks of in- quiring into his family history, or his birthplace, or his early education; and for any one to assume the duty a half a century later, with little data to aid him, and with few individuals living to whom he can apply for information is, I can assure you, no easy undertaking.
"I cannot close these remarks without adverting to a few attorneys who came into Oakland county, between 1840 and 1845.
"Sanford M. Green was admitted to the bar, and practiced in Rochester, New York. He came to Michigan, and first located in Owosso. He was elected to the state senate in 1842, and after the first
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session he removed to Pontiac, and entered into partnership with Gover- nor Richardson. In 1844 an act was passed authorizing the revision of the statutes of Michigan, by a person to be appointed by the judges of the supreme court. Mr. Green, then a member of the senate, was selected by them to perform the duty. From the time of the adjournment of the legislature in 1844 Mr. Green labored assiduously in the performance of his task, re-writing the entire body of the laws of Michigan, and had his revision ready for submission to the legislature of 1846. In 1845 he was again elected to the senate. His revision was duly reported to the legisla- ture and after a thorough examination by the proper committees, and the house, it was passed by both houses, with only a few changes or amend- ments, and became the law of this state, known as Green's Revision, to take effect January 1, 1847. Since that time there has been no revision of the laws of Michigan; and that fact of itself, is the highest commenda- tion that could be given to Mr. Green's labors. Soon after this Mr. Green was elected circuit judge of the Oakland district and held the office in the Oakland, Genesee and Bay county districts until very recent years. His long judicial life, exceeding that of any other person, I believe, in the state, has caused Judge Green to be more generally known than any member of the bar. Some years ago Judge Green prepared a practice for the circuit courts of this state, which has been in use for many years. As a legal worker he has been excelled by but few persons, and in his ripe old age, and after a long life of practical usefulness he passed away August 12, 1901, aged 94 years.
"Hester L. Stevens was a practicing lawyer in Rochester, New York, for many years. In 1845 he changed his residence and located in Pon- tiac, opening an office there and commenced the practice of his profes- sion. Mr. Stevens was a man of great erudition both in law and general literature. He was a thorough practitioner, and an eloquent man. Upon his coming to Pontiac he at once obtained an excellent practice. His suavity and courteous manners made him many warm friends. In 1852 Mr. Stevens was elected to congress from the Oakland district. While he was in congress there was a Washington birthday celebration held at Mt. Vernon, and Mr. Stevens was selected as the orator for the occasion. At the end of his congressional term, Mr. Stevens decided to continue his legal practice in Washington, where he remained until his death in 1864.
"Another person who has held a most prominent part in the legal pro- fession in Pontiac was Michael E. Crofoot. He was born March 14, 1822, in Montgomery county, New York. He was educated in the com- mon schools, and at Temple Hill Academy, at Geneseo, New York. He began his study of law with Gen. H. L. Stevens, in Rochester, New York, in the spring of 1843, and after Gen. Stevens moved to Pontiac in the spring of 1845, he advised Mr. Crofoot to come to Pontiac which he did in the fall of 1845, and was admitted to the practice of law in the winter of 1846. In 1848 he was elected probate judge, and reelected in 1852, holding the office for eight years. In 1862 he was elected prosecuting attorney, and was re-elected in 1864, holding that office for four years. He took an active part in all educational matters; and in the building up,
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and improvement of the Oakland County Agricultural Society. He was active in having the Eastern Michigan Asylum for the Insane established at Pontiac, and was a member of the board of trustees for several years. As a trial lawyer, Mr. Crofoot was unexcelled. His practice was not only in the county of Oakland, but in the adjoining counties of Lapeer and Genesee. In his professional matters he was thorough, probing every question to the bottom. He was frank and generous, and in his personal friendships and attachments was warm and sincere. During the last years of his life he suffered most excruciatingly from rheumatic troubles which prostrated him, and rendered him incapable of transacting business. He finally succumbed to the disease, departing this life on the IIth day of May, 1884, mourned and lamented by hosts of loving and appreciative friends.
"I have in the foregoing remarks attempted to give the names of all the attorneys resident in Oakland county prior to 1840, and a brief synopsis of their professional career. In a paper of this nature more lengthy statement could not be expected. Some of them are entitled to a much fuller account than I have given, but it would require much more research than would be possible to embody in this paper. I have not in- dulged in a fulsome eulogy of any of them, but have given a plain recital of such facts as were necessary to place them fairly before their suc- cessors.
"It is not claimed that they were men of superhuman powers, or of extraordinary mental faculties, but they were plain, sensible persons, de- voted to their professions; men of intelligence, and some of them of more than ordinary ability. They came into a land sparsely populated, knowing that it had a destiny for great improvement; and they were willing to suffer all the privations of pioneer life, believing that there was a bright prospect in the future; hoping that that future would bear fruit which would fully compensate them for their privations and trials. They anticipated success, and many of them lived to see a full fruition of all their desires.
"It was my fortune to come into this state, and the county of Oakland, on the 12th day of November, 1837, where I have since resided. In the fall of 1839 I was connected with the county clerk's office, and on Judge Whipple's holding his first term in the fall of that year, I was clerk .of the court. Prior to that time I had an acquaintance with most of the lawyers in Pontiac, and at the first session of the court all the lawyers in the county were present. From that time onward I became more in- timate with them, and after an acquaintance of a quarter of a century, I believe they were as able, as learned, and as sober a body of men as the most of the counties can present. They were an honor to the county and their profession, and I am thankful that I have been permitted to present their names to this society, and have them enrolled upon its records, where they will remain so long as the society exists. Their deeds are part of the history of the state, and when some future historian attempts to write a detailed history of Michigan, the acts of some of these men must therein have a permanent abiding place."
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CHIEF JUSTICE MOORE'S PICTURES
Chief Justice Joseph B. Moore, a native of Commerce, where he was born November 3, 1845, was educated at Hillsdale College and in the law department of the State University, afterward became a leading lawyer of Lapeer (whither he moved in 1868), prosecuting attorney of the county and a prominent member of the state senate in 1879. He served as judge of the sixth judicial circuit for eight years and was elected justice of the state supreme court on the Republican ticket in the spring of 1895. On June 8, 1904, he delivered an address before the joint meet- ing of the Michigan State Judges Association and the Michigan State Bar Association, and, as his narrative progresses, it is evident how well qualified he is to speak of the early-time judges and lawyers who have given fame and dignity to the bench and bar of Oakland county.
"In reply to a query put by me to a prominent member of the Ingham county bar," says Judge Moore, "I was informed that in the trial of cases in justice's court the interest of the parties litigant are now attended to by men who have been regularly admitted to practice of the law. When my recollection of the trial of lawsuits first began the practice was very different. I then lived in southwestern Oakland county. The county was comparatively new. There was a disposition upon the part of the indi- vidual to assert his rights and to resent any interference therewith. Brawls and personal encounters were much more frequent than they are now and trials growing out of these occurrences, as well as civil cases be- fore justices of the peace, were very frequent and attracted wide atten- tion. The interest of the respective parties were usually attended to by bright, clever men who were not, however, regularly trained in the law and who had not been admitted to practice and were frequently called pettifoggers. I remember one of these men with feelings of gratitude and respect. He was by occupation a harness-maker who lived in the village of Walled Lake. He had a serious lung trouble and was advised by his physicians to relinquish his trade and get out into the air and sun- light, if he hoped to live. He was a bright, quick-witted man, with an ex- cellent vocabulary, a musical voice and a clever way of putting things. He got together a few law books and devoted himself to them with assiduity. He bought himself a gun and a dog, tried what lawsuits he could get before the local magistrates in three or four townships and spent what time he could in the open air. He was afterward elected county clerk, was regularly admitted to the Oakland county bar and died after I became presiding judge of that circuit. He was a kind man, and while I was yet a boy at work in my father's saw-mill he suggested to me to become a lawyer and placed at my disposal his little library of law books. While working twelve hours a day, I read the two volumes of Blackstone loaned me by James D. Bateman, for that was his name. There was great rivalry in the trial of cases before justices of the peace between Mr. Bateman living at Walled Lake, Mark Arnold living at Farmington and Elias Woodman living in Novi. Mr. Woodman was a man of considerable property who has served in the legislature of the state and was a member of the convention which framed the constitu- tion of 1850. His son Hamilton had an excellent record as a soldier in
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