USA > Michigan > Oakland County > History of Oakland County, Michigan, a narrative account of its historical progress, its people, and its principal interests, Volume I > Part 22
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Mr. Bromley married Miss Sarah Ditmas, of Brooklyn, New York.
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and they have two sons, Bruce D. and Ditmas A., both in school in Pontiac.
Mr. Bromley is a Democrat, but not a politician in any sense. He is a Mason with affiliations with the Commandery and the Knights Tem- plar. He is also a member of the Maccabees.
F. L. COVERT
Frank L. Covert, one of the successful lawyers of Pontiac, has been prosecuting attorney for three terms and is now a candidate for elec- tion to the state senate. He has been a resident of Oakland county all his life, being a native of Waterford township. He was graduated from Pontiac high school in his youth and studied law in the offices of Taft & Smith in this city, being admitted to the bar in 1890. He has seen a deal of public service since he began the practice of his profession in Pontiac. He served as committee clerk in the state house of representa- tives for two years ; was elected circuit court commissioner of the county and held the office for six years, and has been county poor commissioner four termis, in addition to his three terms of service as prosecuting at- torney, already mentioned. He has always conducted a private practice, which has occupied such of his time as he has been able to spare from his public duties, and is known for one of the representative members of his profession in the city of Pontiac.
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CHAPTER NI
BACKWARD GLANCES AT BENCH AND BAR
JUDGE CROFOOT'S RECOLLECTIONS-BENCH AND BAR PRIOR TO 1840 ( BY JUDGE BALDWIN )-CHIEF JUSTICE MOORE'S PICTURES-AARON PERRY'S CONTRIBUTIONS.
At the risk even of repetition, the editor presents for this chapter a number of papers sketching various personages and phases of both the bench and bar of Oakland county. By blending such mental pictures one may obtain a rich and lifelike view of the field, while the harvest of developed judicial systems and finished lawyers was yet in the ear.
JUDGE CROFOOT'S RECOLLECTIONS
Following are extracts from the sketch of Judge M. E. Crofoot, delivered at the dedication of the "old second courthouse" in 1858:
"That old and dilapidated temple now tottering on its foundation. with its crumbling walls tumbling about it, its covering fluttering like the tattered garments of the old man represented as the personification of poverty, was reared ( we are told ), upon its present locality in 1823. where it has stood 'wasting its sweetness on the desert air' for the last thirty-five years.
"But ancient as it appears, it was not the first building to welcome the expounder and legal adjudicator of the law for Oakland county. The ground where a portion of the Ogle House now stands, became ( firstly ) the seat of justice.
"There, in July, 1820, those clothed with judicial honors-Chief Jus- tice Thompson, Bagley and Bronson, associate justices-assembled in an old log building, where the free breath of heaven wafted without interruption of those useless modern appendages-a door, floor or chim- ney, and where too, assembled the grand jurors of the county, at this, the first session of a court of record in our county.
"One man was licensed as an attorney and two were licensed to keep tavern, thus keeping up the proper equilibrium of power which is so essential for all new countries. The officers of the court were: Daniel LeRoy, prosecuting attorney; William Morris, sheriff; Sidney Dole. clerk.
"Whereupon, the grand jury were discharged, and all business be- fore the court ( that above stated) having been transacted, and the law properly expounded and interpreted, the court adjourned.
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"If any one desires to preserve a lasting memento of this first court of Oakland county, we are told that they can secure a chip from the logs of that same old building, where they presently lie in the rear of that old red house so long occupied by our townsman, Mr. Hendrickson.
"In July, 1821, the first indictment was found against our old towns- man, O. A., for keeping a tavern without license, and a fine of one dol- - lar and costs was imposed upon the defendant. which the truthful historian informs us was all spent at the bar, save the costs of one of the judges, who had some conscientious scruples against ever letting a good thing go.
"In 1825 Elder Elkanah Comstock, was by the court authorized to celebrate the rites of matrimony, and in 1826, the Rev. W. Ruggles was licensed to do likewise; whereupon we have no doubt that innum- erable blessings resulted from the rights so conferred.
"In 1824 the first court was held in the old courthouse and by 1830 the importance of the judiciary, or the convenience of suitors, had the effect to induce the board of supervisors to order the court room to be lathed and plastered. Judges Thompson, Bronson, Bagley, Weeks, Le- Roy. Hunt, Moseley, Witherell, Chipman, Woodbridge, Sibley, Morrell, Fletcher. Whipple, Eldredge, Green and Copeland, have there adorned the bench, and all taken their appropriate part in dispensing justice to the citizens of the county from that old building, which we leave with no feelings of regret, except the severance of the ties that a quarter of a century's practice therein has necessarily formed.
"Some of the most eminent men of the state who were never resi- dents of the county, have, in the earlier days of our courts, there been formally admitted to the bar, among whose names we find those of William Woodbridge, William A. Fletcher, Solomon Sibley and Henry Chipman-while the names of many no less prominent who have re- sided among us have there received their licenses and while eminent names have adorned the legal profession all over the state, we claim that the bar of Oakland county, according to its numbers, is second to none in the state in legal attainments.
"From our own bar have gone forth editors, judges and members of congress, and most of the offices of honor and trust in our state have been at one time or other filled with some of our number.
"But though the labor, toil and close attention which the profession of law requires, has taxed us many times severely, and has furnished its vexations and annoyances, it has not failed to bring with it those pleas- ant incidents of which the profession is so fruitful. Some of these being entirely original, we claim them all our own, and a few may not be inappropriate in a review of these past events.
"Some twenty years ago when justice was making its way into the county, a well known member of our bar had occasion to be called be- fore a justice of the peace to attend to the cause and the interests of his client in one of the towns of the county ; and not precisely understand- ing the nature of his client's defense until the jury was empaneled and the trial commenced, he was unfortunately placed in a quandary by learning for the first time that the testimony of the defense must come from the justice, and how to get at it was the all-important question.
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He suggested the difficulty to a personage, commonly called a petti- fogger, who had been engaged with him in the cause. 'Why,' replied his associate, 'there is no difficulty at all about that. It is always a common thing in such cases to let the foreman of the jury swear the justice (or the judge). I've seen it done lots of times in the high courts.' Of course our friend thought that as this seemed the only remedy left him, he would let his associate try on the project, while he would say, 'Oh yes, of course that's the law.'
"The pettifogger arose, and, with all the assurance of the conviction of assuming a right position, made his proposition to the court to have the justice sworn by the foreman of the jury and proceed to take his testimony in the cause. An eminent lawyer from Detroit who had been engaged for the opposite party seemed surprised at so novel a proposi- tion and objected. of course, but as our friend asserted, 'Oh yes, of course that's the law,' the foreman of the jury took it for granted he knew, and immediately said, "Mr. Justice, stand up, raise your right hand and be sworn.' The justice almost unconsciously did as directed, was sworn, testified and the jury rendered their verdict for the de- fendant, and the client of our friend and the cause of justice triumphed on a new principle of law.
"Upon another occasion where some questions arose upon a new statute that had not yet received a judicial construction, it happened (not an unusual thing I believe) that the lawyers upon the opposite side of the case did not agree. After elaborately discussing the subject, the same was submitted to the court, each supposing that his own con- struction had been made as clear as the noon-day sun. The judge set- tled back in his chair, straightened himself up and assuming all the dig- nity of his position, was about to announce the judgment of the court upon the question.
"Each lawyer stood all agog to hear his own position vindicated. Judge then of their surprise, when it was gravely announced by the court that `the question seemed new and was involved in a good deal of uncertainty as to a proper construction.' and that as the court was de- sirous of rendering a correct opinion, 'the opinion of the court is that the court don't know what that is.
"Whether this grave decision was ever reversed or not, we are not informed, but we are assured that both lawyers felt quite gratified to know that he had gained a triumph over his opponent.
"Again, and not many years since, one of the oldest members of our bar had occasion to look after his client's interests before a justice of the peace in one of the northern townships. He there met as an op- ponent our old acquaintance T-, who at that time was quite an ef- ficient practitioner before those courts for the trial of small causes, and withal had provided himself with some law for such occasions, and gen- erally went armed with Cowen's treatise, a panacea for all such cases.
"Some questions of law arose and the lawyers differed, but to con- vince the justice of the correctness of his position our friend T- said he would read some law ; he did not want the court to take his word for it. Thereupon he read from Cowen's treatise some text based upon a case decided in New York under a particular statute.
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"Our friend of the bar got up and said it was true that such was the adjudication in New York, but that the case was decided under a statute of that state which of course could have no application here. Thereupon T- said he was prepared for all such arguments. These Pontiac lawyers are always coming out into the country and palming off their opinion upon justices as law but he was prepared for all such prac- tices this time, for he had brought the law with him. He thereupon turned to his favorite law book and read 'that the general acts of con- gress are binding upon all the states of the Union;' and then, with an air of triumph, he turned to the fly leaf of the book and read 'entered according to act of congress,' saying 'Now, Mr. Justice, I'd like to know if that ain't law in Michigan!' Of course our friend of the bar was finished and had to beat a hasty retreat leaving friend T- victor of the field.
"Incidents of this kind, all our own, could be collected to fill a volume, but time will not permit their further capitulation here."
BENCH AND BAR PRIOR TO 1840
The following paper was contributed by the late Judge Augustus C. Baldwin to volume XXXI of the Michigan Pioneer and Ilistorical Col- lections, and it was one of the most complete as well as one of the last contributions which he made to local history prior to his death in 1903. "The time has arrived," he said, "when it is all important that the history of the various individuals belonging to the different professions, residents of this state at an early day, have a brief recital of their acts prepared and filed with this society as matter for future reference. 1 sketch of the early clergymen and the members of the medical profession, however brief it might be, would be invaluable, as well as afford very interesting reading matter ; and I trust that some persons connected with those professions will assume the task and thus preserve the names of their brethren in the archives of this society. With this view of a per- son's duty, for the purpose of preserving the names of the pioneer lawyers of Oakland county, I have assumed the task of presenting those practicing therein prior to 1840. Time will not permit entering very fully into detail of their various histories, but the brief sketch that I present, will, at least, preserve their names in their professional capacity.
"Oakland county's history is not of very ancient origin. Though Detroit was settled in 1701, and the southeastern bounds of Oakland county were only ten miles distant from the city hall of Detroit, yet we have no record of a white man's entrance into Oakland county for the purpose of settlement in the township of what is now Avon. A settle- ment was made at Pontiac by the Pontiac Company in 1818, and in the autumn of the same year settlements were made at Royal Oak, Birming- ham, Troy and Waterford.
"On the 12th of January, 1818, Governor Cass issued a proclamation organizing certain territory into the county of Oakland, and fixing the seat of justice of the county at Pontiac.
"It is impossible to state at this time what the population was; 10 accessible records of the census of 1820 can now be found in the county ;
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that there were numerous families scattered about Oakland county in 1819 is clearly inferable from what is known of the settlers' families existing at that time. From the first settlements in 1817 there was a constant influx of immigrants into the county, and the inference is irre- sistible that at the perfection of the county's organization the population must have been several hundred.
"October 24, 1815, the governor and judges passed an act creating county courts in the various counties of the territory, consisting of one chief justice and two associate justices; all to be appointed by the gov- ernor.
"June 13, 1818, chancery jurisdiction was extended to county courts, March 30, 1820, the terms of the court were fixed for Oakland county for the second Monday of February and the third Monday of July, and on the 17th day of July, 1820, the first court of record-the Oakland county court-was duly opened and legal proceedings were thereafter supposed to be properly conducted. Hon. Wm. Thompson was chief justice and Amasa Bagley and Daniel Bronson, associate justices. Wil- liam Morris was sheriff, and Sidney Dole was the clerk.
"At the time when General Cass, the territorial governor, was mak- ing selections to fill the various judicial offices, he was confronted with the fact that there was not an attorney resident in the county. Necessity compelled him to go outside of the legal profession, and subsequent events showed that his selections were judiciously made.
"The appointee for chief justice was a practicing physician resid- ing near Pontiac, Dr. Wm. Thompson ; he was born January 15, 1786. in Lenox, Massachusetts. He attended the district school and the acad- emy ; at fourteen he was fitted for college. In 1810 he took his degree from the College of Physicians and Surgeons in the city of New York : and about 1815 he emigrated to the territory of Michigan and first be- gan the practice of his profession at Mount Clemens, and subsequently removed to Pontiac. After his appointment as chief justice he prac- ticed his profession while performing his official duties. Of course his legal duties did not encroach very greatly upon his time, and he held the office of chief justice for some eight years, giving excellent satisfaction. After his retirement from the judgeship he continued his medical prac- tices for some time, and then retired to a farm near Pontiac, where he died honored and respected July 10, 1867.
"Amasa Bagley, one of the associate justices, was born near Bos- ton, in Massachusetts, and left his home for Michigan in the winter of 1818. lle afterwards settled at Bloomfield Center, and he resided there about ten years, when he removed to Pontiac, where he continued to re- side until his death. He was appointed associate judge upon the organi zation of the county court, assuming his duties in July, 1820, and remain- ing in that office until the admission of Michigan as a state. Judge Bagley was a farmer and practical business man, and in no sense a law- ver. yet he satisfactorily performed his judicial duties.
"On Monday, July 17. 1820, the county court of Oakland county was duly opened by proclamation of the sheriff. After impaneling of the grand jury Spencer Coleman, an attorney of Detroit, on his own mo- tion was admitted to practice.
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"On his application Daniel Le Roy satisfied the court that he was li- censed to practice in the supreme court of New York and was admitted as an attorney of this court. Mr. Le Roy for many succeeding years occupied a prominent position in the history of Oakland county, as well as in the state of Michigan. He was born in Poughkeepsie, New York, on the 17th day of May, 1775. After due preparation and study he was admitted to practice in the supreme court in April, 1800. Ile was after- ward admitted to the court of common pleas of Tioga county, and in 1801 established himself in Binghampton and commenced practice. He also took an active part in political, educational and military matters. In 1817, when the influx of travel from the east was tending west- ward, he followed with his family to Detroit, and there commenced laboring in his profession. His record shows that he had business rela- tions with Macomb county, filling there the office of judge of probate.
"Prior to 1820 the Pontiac Company had erected a mill at Pontiac, and the county seat having been established at that place and Mr. LeRoy having made Pontiac his home, he was the first resident lawyer admitted to the court.
"It cannot be supposed that business could be very extensive or lucra- tive : but the county was rapidly filling up; new settlers were continually arriving, and to a discriminating mind it must have been evident that Oakland county would soon furnish adequate support for an industrious lawyer.
"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. Ile 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 l'ontiac and removed to Fenton, where some of his children re- sided, and where he died at a ripe old age February 11, 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
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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. Ile 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 (). 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
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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 20th1 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.
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