USA > Michigan > Oakland County > History of Oakland County Michigan a narrative account of its historic progress, its people, its principal interests Volume I > Part 25
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the War of the Rebellion, with the rank of captain. Mr. Woodman took a great deal of pride in referring to that fact and the fact that he was a soldier in the Mexican war; that his father was a soldier in the War of 1812 and that his grandfather was a soldier in the Revolutionary war. Mr. Bateman thought Mr. Woodman made an undue use of these facts in his arguments to juries and slightingly referred to the harness-maker, Mr. Bateman, who presumed to know something about the honorable profession of the law.
"After reading Blackstone as stated, and attending Hillsdale College a few terms, and teaching school three winters, I became deputy county clerk of Lapeer county and, as such, attended the sessions of court, mak- ing up the court journals, reading law as I could and familiarizing my- self with the pleadings which were filed and the court entries which were made. After a year or six months, as it then was in the law department of Michigan, I applied for admission to practice in the court over which Hon. Joseph Turner presided. Hon. William T. Mitchell of Port Huron, then in attendance upon court in Lapeer, was chairman of the committee who conducted the examinations and, much to my gratification, in Octo- ber, 1869, I was admitted to practice. When I contrast my preparation, or lack of preparation rather, for the practice of law, with the very rigid and searching examination to which the applicants are subjected by the State Board of Law Examiners, and the three years' course of nine months each now required by the law schools before a student can se- cure his diploma, I am reminded that an evolution has been going on in the law quite as marked as that in other callings.
"At the time I applied for admission to the bar, Robert J. Taylor, a graduate of the literary department of the University of Michigan, was also admitted to practice. He was afterward elected prosecuting attorney and state senator, each of which offices he held for two terms, the duties of which he discharged with marked ability. He was a man of some means and preferred the peaceful avocation of growing fruits and the work of an apiarist to the contentions of the court-room, and for some years has not been in the active practice of his profession.
"The practicing lawyers at that time in Lapeer county were Mr. Andrus, Egbert W. Cook; Hon. William Hemingway, who had been a member of the Michigan legislature; Hon. Silas B. Gaskill, who was later circuit judge; Hon. William W. Stickney, who succeeded Judge Gaskill upon the circuit bench; Phineas White, Hon. Jonathan R. White Harrison Geer, who was the junior member of the firm of Gaskill & Geer and whom you all know as the very successful and able trial lawyer now living in Detroit; Calvin Thomas; Stephen Thomas, the father of Calvin, now an honored professor in Columbia University ; and John M. Wattles, who later established the bank still doing business as John M. Wattles & Company. These men have all gone into the life beyond, ex- cept Mr. Geer and Judge Stickney. Most of them were men of ability and character and did much to so shape events in that country as to make it one of the most intelligent and law-abiding in the state.
"It is a singular and to me a gratifying circumstance that the chair- man of the examining committee before whom Senator Taylor and my- self appeared, the genial and learned Judge Mitchell of Port Huron, Vol. 1-12
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though now upward of eighty years of age, is yet in the active practice of his profession, and within the present year argued a case before the court, over which I have the honor to preside, with a degree of learning and energy which would have done credit to a much younger man. It is also a source of pleasure to know that the presiding judge, Josiah Turner, is still living and within a comparatively short time read a very interesting paper before the annual meeting of the State Association of Judges.
"The judges who have presided over the circuit court for the county of Lapeer within my recollection are Josiah Turner, James S. Dewey, Levi B. Taft, Augustus C. Baldwin, Silas B. Gaskill, William W. Stick- ney, Joseph B. Moore and George W. Smith. The list for the Oakland county circuit is the same as the above except that the name of Sanford M. Green should be substituted for Josiah Turner. All these gentlemen are dead except Josiah Turner, William W. Stickney, Joseph B. Moore and George W. Smith.
"On Friday, May 20, 1904, the last session of the court was held in the Oakland county court house, previous to tearing it down to make way for a one hundred thousand dollar building which should be more in keeping with the growth and prosperity of that great county. As I had been presiding judge of that circuit for eight years, I was honored with an invitation to be present. The local paper reproduced the address which had been made by Hon. Michael E. Crofoot at the dedication of the building in March, 1858. In that address it was stated that while nearly all the county was yet a wilderness such was the regard of the people for law and order they deemed it necessary to provide a building in which the law might be administered, and as early as 1820 Chief Justice Thompson and associate Justices Bagley and Bronson met in a court house built of logs and where, because of the poverty of the people, those modern ap- pendages, doors, floors and windows, were entirely lacking.
"Judge Crofoot made a most masterly address, tracing the origin of our system of laws and insisting upon it that, in the adoption of the common law of Great Britain and in the organization of the government into three distinct departments, the executive, legislative and judicial, the fathers had formed a government which he described, namely pure democracy, where sovereign power was lodged in the aggregate assembly of all the free members of the community to be exercised in person ; second, aristocracies, where it is lodged in an assembly of delegates, and lastly in monarchies. where it is lodged in the hands of one whose will is law, with power to decree, design and execute. Judge Crofoot insisted then, what is equally true now, that no profession demands higher integ- rity, honor and uprightness than the legal profession; that no position in society requires higher moral and more thorough education, and no calling in life more honorable dealing. He insisted that the men of eminence in the legal profession are men of integrity who are not disposed to stir up law suits for trivial and imaginary wrongs, but men who are inclined to dissuade from unnecessary litigation and to take only meritorious causes.
"As I listened to the able and scholarly address of Hon. Aaron Perry, prior to adjourning court for the last time in the old court room, a flood of recollection came to me. My mind ran back forty-seven years to the
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first time I ever saw the old building. In company with my father and mother who lived in the village of Commerce I, a mere boy, visited the then village, now the city of Pontiac. The workmen were employed in what seemed to me the hazardous occupation of putting in position the iron figures of four large American eagles with outspread wings, which were placed upon a tower arising from the center of the roof of the building.
"It was stated by Mr. Perry that the active members of the Oakland county bar at the time of the dedication of the building were Thomas J. Drake; William Draper, Morgan L. Drake, Moses Wisner, Randolph Manning, Augustus C. Baldwin, Charles Draper, A. B. Cudworth, Loren L. Treat, Michael E. Crofoot, Jacob Van Valkenburg and Junius Ten Eyck. It was my good fortune to know all of them except William Draper and Randolph Manning, the last of whom was a justice of the supreme court. For all these men the door on noiseless hinges has swung wide and ushered them into what we call eternal life.
"Among the greatest lawyers I have ever known were Moses Wisner, Augustus C. Baldwin and Michael E. Crofoot. Had the last named lived in the metropolis of the state, he could have divided the honor which was held for so many years by the able and learned George Van Ness Lothrop of being recognized as standing at the head of the legal profession of Michigan. Augustus C. Baldwin was a member of the legislature, a mem- ber of congress and circuit judge, and lived until a little more than a year ago. Moses Wisner, as you all know, was governor of the state and died while colonel of the Twenty-second Michigan Infantry. His hand- writing was of such a character as to be almost indecipherable. Judge A. H. Wilkinson of Detroit, an Oakland county boy who was admitted to practice in Pontiac, related an occurence which happened in the old court room. Thomas J. Drake who usually wore a silk hat, was a spare, thin man, very careful of his personal appearance. Morgan L. Drake cared little for dress, and one day when Thomas J. Drake came into the court room to present a motion to the judge and placed his silk hat bottom- side up on the table near Morgan L., he picked up an ink-stand and emp- tied its contents into the head covering. After completing his argument, Thomas J. Drake took up his hat and with a dignified air started to leave the room. Just before getting to the door he put his hat upon his head with the result you might expect and, while the ink was running over his face, he turned to the presiding judge and said 'I desire to solemnly protest against the effort of Moses Wisner to write his name in my hat.'
"Upon the occasion of bidding farewell to the old court room it was recalled by Judge Jacokes that in the old room Horace Greeley had de- livered an address, and the citizens had from that rostrum heard the political issues of the day discussed by such eminent men as Schuyler S. Colfax, Thomas M. Hendricks, John C. Breckenridge and Cassius M. Clay. .
"It was also recalled that when fighting Dick Richardson, a favorite not only of Oakland county but of the commonwealth of Michigan, laid down his life that the nation might be saved, his body lay in state for three days in the old court room and was visited by thousands of people who had respected and loved him. It was also recalled that when the
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war was brought near to its close by the surrender of the Confederate forces under Robert E. Lee to General Ulysses S. Grant at Appomattox, upon the evening of the day of the receipt of the news a light was placed behind each of the small panes of glass, and the building was brilliantly illuminated and congratulatory speeches were made to the many men and women present, some of whom had given their best beloved to their country, and all of whom rejoiced that the end of the war was in sight. It was stated by Judge Smith, the present presiding judge, that the last court business done in the building was to sign a decree of divorce, and it was estimated by the learned judge that twelve hundred couple had in that room received decrees that legally separated them ; while a procession of two thousand, made up of boys, men and a few women, criminal, had stood at the bar of the court and received sentence, while many thou- sands of civil cases had been decided. A striking commentary upon the part occupied by the courts in the life of a community.
"I cannot do better in closing this discursive paper than to quote from Mr. Perry's address: 'The sources of justice must be guarded and kept from pollution and the courts must be respected, dignified, honored and obeyed. When, if ever, our courts shall become corrupt, disrespected, dishonored and disobeyed, anarchy will have arrived and ruin will fol- low. It is a mere truism to say that the peaceful settlement of disputes is necessary to the perpetuity of any government.
"'But important as it is that courts should be furnished and preserved for the peaceful settlement of disputes, that is not the only important function they perform. The imporance of the educational functions of the courts of justice in connection with our jury system cannot be over- estimated or excessively magnified. This court and this court-house have constituted, for forty-six years, the greatest educational institution in the county of Oakland. During that time nearly five thousand jurymen and many spectators from all parts of the country have sat and listened day after day to the exposition of the law ; the necessity of obeying it, and the inevitable penalties that must follow its breach. Not only that-they have listened day after day to the testimony of experts and other wit- nesses as to how things ought to be done. They have learned the wrong way and the right way. But still more important than all-those jury- men themselves have sat as judges between man and man and have learned to listen patiently to both sides, and not to decide or act until they have learned all the evidence on the question. They have been given judicial minds. That is the great safeguard to this community and this republic. Men so educated do not act hastily. They do not act first and then think afterwards. They have learned to marshal facts, weigh argu- ments, reason logically, forstall consequences and to respect and obey the law. Mob violence can not flourish in such a community. Maintain the purity of the judiciary, the present jury system, and the present efficiency of the public schools, and the republic is safe.'"
AARON PERRY'S CONTRIBUTION
On the ninth day of March, 1858, on the first day of a new term of court, the second court house was dedicated. A grand jury had on the
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previous day made its report, and the trial of the celebrated Tulley case- was about to commence. The court, however, paused long enough to dedicate what was then regarded as their magnificent new court house. The principal address on that occasion was made by that skilled examiner and eloquent advocate, Michael E. Crofoot, then at or near the zenith of his fame. Extracts from the speech delivered at that time have already been given.
Perhaps I cannot do better than to quote from my address delivered as a farewell to the court house of 1858, the words being spoken in 1904: "When we now contemplate this old building with its cracked walls and ceilings, its cramped and crowded offices and its dearth of modern conven- iences, we can hardly realize the genuine pride and satisfaction with which the bar of this county then regarded this newly completed build- ing. As we now look about us and are reminded of its numerous incon- veniences and its general unfitness and inadequacy and observe its long, crooked stove pipes and ancient, dilapidated and uncouth condition, we realize the fitness of the appellation given it by Captain Howard, when he recently dubbed it the 'Lime Kiln Club.' This court room certainly does have a striking resemblance to the hall in which M. Quad's famous Lime Kiln Club held its nocturnal meetings.
"Such thoughts, however, for those of us who have practiced here for over a quarter of a century, are quickly followed by memories that are akin to the pathetic. We are startled and rendered contemplative, when we recall that not a single lawyer who practiced at this bar when this building was first dedicated is now alive. Many months have passed since the last of them, our genial friend, Judge Ten Eyck, finally shut up his law books, closed his accounts and peacefully bid us an everlast- ing farewell.
"There are memories and memories, and thoughts and thoughts- some of them 'that lie too deep for tears'-that linger around this old court room. We shall leave it with feelings that are akin to those that tinge with sadness the joy the head of a family feels when he leaves the old house for the new-the old house in which, in his more impression- able years, he has shared with his good wife, in the companionship of his family, so many joys and so many sorrows.
"Old and out of date as this court house now is, it is a palace when compared with its predecessors.
"The first settlement within the county of Oakland was made by James Graham in the present township of Avon in March, 1817. The next settlements were made at this city, in the fall of 1818 under the auspices of the Pontiac company, of which Stephen Mack was then the manager.
"John Jones, a pioneer of Bloomfield, is claimed to have cleared the primeval forest from the site of the present court house. He is recorded as having done it at the moderate wages of fifty cents per day.
"The predecessor of this court held its first term of court in this city in an old log building which stood near the present Rose House. in the year 1820. Judge Crofoot said in his speech dedicating this building that that court house was without door, floor or chimney.
"Soon thereafter, in 1823 or 1824, a new court house and jail com-
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bined were built on the lot where the present jail now stands. The first story was constructed of squared logs or timbers, surmounted with a framed second story. The lower story was used as a jail and the upper story as a court room. The prison cells were made of six inch oak planks sawed by Almon Mack in his saw-mill at Rochester. The sheriff's home also adjoined the court room in the upper story of that building, and those upper rooms were not finally completed until about 1830, when the board of supervisors finally caused the court room to be graced with a modern 'up-to-date' finish of lath and plaster.
"But even that palatial court house did not satisfy the progressive people of this county long. As early as 1835 the building was indicted by the grand jury, and the struggle for a new court house began. Efforts were made by the board of supervisors that year to get the legislative council of the territory to authorize a loan for that purpose. The author- ity for such loan was secured but the board of supervisors finally refused to negotiate the loan. The matter was before that board again in 1837. The board voted to submit the matter to a vote of the people in the fall of 1838, but nothing finally resulted from that effort. In April, 1844, the electors of the county voted down a proposition to raise $8,000 for a new court house. The matter was frequently before the board of supervisors after that. In the spring of 1852 a proposition to raise the necessary funds for a new court house was again voted down by the elec- tors of the county. In the spring of 1854 a similar proposition was again rejected by the people. But finally in the spring of 1856 the people by a vote of 2,277 to 744 authorized the building of the present court house During the year of 1856 the contract for the erection of this building was let to D. J. Pratt for $12,594.
"In 1848 Solomon Close entered into a contract to erect a building for county officers for the sum of $937.50 and it was probably erected during that year. That was a long one story wooden building situated in front of where this building stands, with a roof sloping to the front, sur- mounted with a balustrade fifty-nine feet long on which were painted in large letters the words, 'Oakland County Offices.' That building was used for county offices until the present court house was completed.
"In 1847-8 Solon B. Comstock built a new jail building for the county, for the sum of $5,539.51. That structure was replaced by the present very creditable jail building, only a few years ago. In 1874 the fire- proof vaults now in this court house, were constructed at an expense of about five thousand dollars.
"The old court house was badly cared for. At the time this one was built the benches and tables were badly worn and had been carved in a disrespectful way by pioneer jack knives. The boys of the first genera- tion in this county seem to have had much more license in the use of their 'Whittles,' as Burns calls them, than have the children of the present day. Judge Crofoot speaks in his dedication address of the old court house as then 'tottering on its foundation' and as having 'both graced and dis- graced our county.'
"On March 9, 1858, after the dedication ceremonies, a jury was im- panelled for the trial of the three Tulley boys on the charge of having murdered their father; and the next eight days were devoted to the
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trial of that famous case. Thomas J. Drake, Michael E. Crofoot and Moses Wisner appeared for the defendants. Charles Draper, then pro- secuting attorney, appeared for the people, and Sanford M. Green pre- sided as judge. All were learned in the law and skilled in its practice.
"At that time the following attorneys constituted the members of the Oakland county bar in active practice : Thomas J. Drake, William Draper, Morgan L. Drake, Moses Wisner, Randolph Manning, Augustus C. Bald- win, Charles Draper, A. B. Cudworth, Loren L. Treat, Michael E. Cro- foot, Jacob Van Valkinburg and Junius Ten Eyck. Not one of them is now living.
"The judges who have presided over this court in this building are the following: Sanford M. Green, Joseph F. Copeland, James S. Dewey, Levi B. Taft, Augustus C. Baldwin, Silas B. Gaskill, William W. Stick- ney, Joseph B. Moore and George W. Smith.
"All have been able judges and an honor to the bench. Three of them, Hon. W. W. Stickney, Hon. Joseph B. Moore and Hon. George W. Smith still survive. And we are grateful to Providence for having spared their lives and preserved their health. And we appreciate the compliment of their having honored us with their presence on this occasion and joined us in bidding farewell to this old building, filled with recollections and associations dear to them as well as to ourselves.
"The tower, or cupola of this building, call it what you may, was for- merly ornamented with the iron figures of four large American eagles with spreading wings. And more or less of the spread eagle style has manifested itself in the building ever since.
"During the last forty-six years this room has on many occasions re- sounded to the melodious cadences and fiery appeals of eloquent advo- cates, as well as to some speeches that have been dull and commonplace- to speeches that have fired the jurors with indignation or suffused their eyes with tears, and to some that have lulled their wearied minds to invol- untary slumber.
"Once an old lawyer was giving advice to his son who was just enter- ing upon the practice of the father's profession. 'My son,' said the coun- selor, 'if you have a case where the law is clearly on your side, but jus- tice seems to be clearly against you, urge upon the jury the vast importance of sustaining the law. If, on the other hand, you are in doubt about the law, but your client's case is founded on justice, insist on the necessity of doing justice, though the heavens fall.' 'But,' answered the son, 'how shall I manage a case where both law and justice are dead against me?' 'In that case,' replied the old man, 'talk round it!'
"I fear there has been some talking round the subject in this court room. This room has heard many Irish bulls, much keen satire, sparkling wit, quick retorts and ready repartee. But I am pleased that I can affirm that exhibitions of uncontrolled temper, heartless abuse, pettyfogging tactics and sharp practices have been extremely rare.
"Business in this court has vastly increased since 1848, both in the number and in the importance of the cases adjudicated. I also believe that there has been a corresponding increase in the gravity and responsi- bility felt by the attorneys practicing here.
"In 1848 the cases in this court rarely involved more than a few hun-
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dred dollars, while now they frequently involve many thousands. Then there was but one railroad in the county. Estates were small and great enterprises, carried on by corporations or large aggregations of capital, were unknown, will contests and deed contests were rare, or involved only small amounts, and accident or negligence cases, which now form a large proportion of our litigation were almost unknown.
"To successfully practice law now requires much more general knowledge and a much wider examination of authorities than in those earlier days. Human affairs have become much more intricate and com- plicated. The increase in the number and size of incorporated cities and villages, the multiplication of machinery, the multifarious applications of steam and electricity, the increase in wealth and production, and the energy and strenuousness of the present age-all have rendered the prac- tice of law much more onerous and much more difficult. New points and new questions are arising more rapidly than they are being settled. Our supreme court dockets, as well as our circuit court dockets, are crowded and the multiplication of the decisions of the courts of last resort is almost appalling.
"When I began the practice of law in 1876 the 33d Michigan report was just out, while now we have 130 of them on our shelves and many more of them in the form of temporary pamphlet publications.
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