History of Oakland County, Michigan, with illustrations descriptive of its scenery, palatial residences, public buildings, fine blocks, and important manufactories, Part 14

Author: Durant, Samuel W
Publication date: 1877
Publisher: Philadelphia, L. H. Everts & co.
Number of Pages: 553

USA > Michigan > Oakland County > History of Oakland County, Michigan, with illustrations descriptive of its scenery, palatial residences, public buildings, fine blocks, and important manufactories > Part 14

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Wm. Thurber applied for a license to keep a tavern in Bloomfield for one year, and Elijah Willitts also asked for the same franchise in the same township. Both petitions were granted on the principals entering into recognizance in the sum of fifty dollars each-the former with John Hamilton and Willitts as his security, and the latter with Wm. Morris and Wm. Thurber as his security-to keep a respectable house. The grand jury came into court after dinner, and were dis- charged for lack of something to do in the peculiar line of their duty.

The first case on the record appears to be one of Daniel P. Clark vs. Stephen Phelps, Ira Selby, Alexander Galloway, and Ezra Shepardson, in an action of assumpsit, bail having been given by the plaintiff, as required. The defendants ap- pearing, the bail was discharged on motion of Le Roy, attorney for defendants, who also moved to dispense with that aid entirely, the writ having, as he alleged, been improperly issued, the attorneys for the plaintiff not having been admitted to the bar. But Mr. Le Roy withdrew his motion, and George Throop and Joshua S. Terry were entered as special bail for Galloway, conditioned that Galloway should satisfy the condemnation of the court if he was condemned, or surrender his body to the sheriff in lieu thereof, and in default of Galloway to perform his under- takings his securities would pay the condemnation for him. Subsequently the special bail surrendered their principal, and he was taken in charge by the sheriff. Le Roy entered his appearance as attorney for Galloway, and moved the court that plaintiff file his declaration on or before the next rule day of the court, or that judgment by default should be taken by the defendant, and the court granted the reasonable rule. Solomon Sibley, afterwards judge of the circuit court, was ad- mitted to the bar, and the court adjourned for the day. On the second day the court announced the rule days of the court to be the first Mondays of May and October. The petit jury was called, and there being no prospect of any of their peers being desirous of a hearing and adjudication of their disputes at their hands, they were discharged. The court ordered the private seal of the clerk to be used for the public seal of the court until a suitable one was procured. The defendant, Galloway, came into court on this day, and was admitted to bail, Samuel Beaman and Joshua S. Terry being his security for his appearance at the next term of the court, and to secure the payment of the condemnation of the court, if one was given against him, and a dedimus potestatem provided for to take testimony in the State of New York, if wanted, and the court adjourned for the term.

At the second term of the court, begun February 12, 1821, with the same presence, the grand jury was impaneled, sworn, and discharged the same day, there being no depredators against the public peace. Daniel Fowler failed to ap- pear in obedience to the summons of the sheriff, and was fined five dollars and costs, and the fine subsequently remitted. In the suit of Clark vs. Galloway et al., the plaintiff was nonsuited in default of filing his declaration.

On the second day, Solomon Woodford was granted a license to keep a tavern in Bloomfield, John W. Hunter being his surety therefor.

In July of the same year the court met again, and the grand jury was im- paneled, Oliver Williams being the foreman, and returned into court the first indictment, the same being found against Deacon Orison Allen for assault and battery, to which accusation Orison pleaded guilty, and was mulcted by the court

in the sum of one dollar and costs. The petit jury was called, and discharged for lack of business. A writ of habeas corpus cum causa was received from the supreme court, and in obedience thereto the case of William Bronson vs. Ira Roberts ordered carried up to the latter tribunal for adjudication. The clerk was ordered to appoint a deputy, and Horatio Ball was approved as the appointee. The clerk was also directed to issue licenses thereafter C. O. D., and to collect all costs not paid in advance, or within a reasonable short time, by attachment, and to provide a parchment for an attorney's roll. Orison Allen was appointed crier of the court, and two defaulting jurors were fined, and their fines remitted.

Joseph Van Netter, a Revolutionary soldier, came before the court and made declaration of his service in the Colonial armies for pension purposes. His property was valued at nine dollars, and he served during the war, being at the battles of Monmouth and Yorktown.

At the July term of the court, 1822, the grand jury found a true bill for felony, and ignored another, and the first petit jury trial was had in the case of Jairus Baldwin vs. Ziba Swan, Jr., on the 17th day of the month. The verdict was for six cents damages and costs, and a motion for a new trial was overruled by the court. In the case of the United States vs. Jacob Smith, indictment for felony, the jury said on their oaths the prisoner was not guilty, whereupon he was discharged, and John Grant, the prosecuting witness, mulcted for the costs, and compelled to give his note for the same, with Colonel David Stanard as his indorser. Le Roy gave his services as attorney gratuitously, which was made a note of on the record. There being no other business, the grand and petit juries were discharged. At the July session, 1823, there were two indictments found. At the February term, 1824, the second judgment was rendered, in an award by referees, against the plaintiff, for ten dollars and sixteen cents and costs; the referees being Joshua Chamberlain, Amasa Bagley, and David Stanard, nineteen witnesses being sworn before them. One indictment was found for assault and battery, and the indicted fined three dollars and costs. Two orders of specific performance were entered against the administrators of the estate of Aaron Web- ster, deceased, on contracts filed in the court, and an indictment was found against David B. Ford for selling liquor to the Indians. At the July term, 1824, Ford's attorney, Larned, moved the court to quash the said indictment, for the following reasons : " First, the law prohibiting the sale of liquor to the Indians was uncon- stitutional, and contrary to the provisions of the ordinance of 1787. Second, the words ' then and there' were not in the indictment. Third, the name of the Indian to whom the whisky was alleged to have been sold was not given ; and fourth, it was otherwise uncertain and defective." The defense made such an elaborate display of force the court recognized Ford to appear at the next term, and continued the case. Fletcher, afterwards judge of the circuit, as attorney for Baldwin, indicted for an assault and battery, moved to quash the indictment against his client because twenty-four grand jurors found it instead of twenty- three, but the court overruled the motion. The third judgment was rendered at this term, and for six cents damages and costs, and that, too, pro confesso. In- stead of adjourning, the court at this term "took a respite" from the evening unto the morning, and at the nooning recess. Baldwin was found guilty by twelve of his peers of an assault, and the court fined him two dollars and costs, to which sentence of the court he, by his attorney, Fletcher, then and there ex- cepted, and filed his bill of exceptions, and gave bail with S. Satterlee to appear at the next term. David B. Ford, on trial, was found by the jury not guilty in manner and form as charged in the indictment against him for selling liquor to the Indians. Daniel Le Roy, Esq., appeared as prosecuting attorney at this term of the court. An amicable suit was brought at this term of the court by Faber Wilcox against Le Roy, on a note, and the latter confessed judgment on the same, and agreed the clerk should liquidate the damages and interest. The re- cord does not say whether the clerk was agreeable to that arrangement or not. A jury said James Marshall was not guilty of perjury, the indictment of the grand jury to the contrary notwithstanding. At the February term, 1825, a jury gave Charles C. Haskell a judgment of two dollars and fourteen cents against Elias Swan, another one gave a similar verdict for Ezra Baldwin against Isaac L. Smith for one dollar and four cents damages, and the first criminal trial was had wherein a verdict of guilty was returned, as charged in the indictment. The cause was the United States vs. Sheldon M. Perry, for assault and battery. The defendant's attorney moved to quash the indictment because one of the grand jurors who had found the bill had been previously convicted of petty larceny, but the court re- fused to grant the motion, because it was not made until after four.of the traverse jury had been sworn on the trial. The sentence of the court was one dollar and costs. The prosecuting attorney entered a nolle prosequi in the case of the United States vs. Baldwin. There was a jury trial which resulted in a twenty- dollar verdict, and the court, after five days' session, adjourned. At the July term, 1825, the judgments amounted to thirty-eight dollars and eighty-eight cents. Thomas Gay sued Elias S. Swan, and a jury was called, and after retiring

FAC-SIMILE OF THE FIRST LEGAL WRIT ISSUED IN OAKLAND COUNTY.

Territory of Michigand to win County of Oakland

The United States of America,

To the Sheriff of Sais County. dowe are hereby commande to take Stephen Sheeps, Arco Selly, Alexandra Galloway, and Czzoo. Sheparasono, if they may he found in the County of Oakland, and then Safely keep, so that you may have their bois before the Justices of our Saio County court, to le moweno at Lontras, on the thin monday of July Instant, there and there to answer unto Daniel & Clarke, ir ao pleno of crespropo- one the case, to his damage, One Thousand Dollars, which shall there and there Who made to appeal; and of this mail make duo return

Witness William Thoroppone Esquema, Chief Justice of one Sais County Court. Dontistathe tenthe day of July, One thousand eight hundred glutenty

Sidney Solo

Colec of Oakland

ENDORSEMENTS ON THE BACK OF THE FIRST LEGAL WRIT.

A % 10th July 1820. Capias, no Caso Daniel 2 Clarks Stephen Phelps , Irão Silly, Alexander, Galloway of Esso Shepayson

Damages $1.000. This action is brought to Recover of the Defendants Vio Sumo of $305. 11, the amount of co noto, Orauno by Defendants, to the Planty with the Interest there Noto Date Sep. 28#810 17 July 1820.

J Inaia Permischo mittin áso Alexander Galloway - as to him befin corpus = Moment . as to the others - Nonests Samia Silage 2.56/4 4 2.7.5.

William Morris Sheriff

PRECIPE IN THE CASE OF DANIEL P. CLARK vs. STEPHEN PHELPS, ET AL.

Sibley &Whitney

Scontory of Michigan County of Gaillard Sss

Daniel S. Clarko

Case on note. Damit $1000-

Stephan Phelps

Ora Selby alexander Gallowayh

Ezra Shopendsono

Entorse, this action is brought to recover of the Defendants . the sum of $ 3 96. 11/L

milli- 2 the art of a note onaron of left to the Plaintiff- with the internety thereowo. Note dated Sept 28. 1816- - S.+w. Secretary for costs .- -

The Chunk of Gatland County Court will please ise Cofins in the about Case Retle July Tem 1820= Bail Require. -

Sibley Whitney Detroit- July 8th 1820. -

HISTORY OF OAKLAND COUNTY, MICHIGAN.

to consider of their verdict returned into court for further instructions, and in- quired as to the effect of proof of confessions of either party against himself. The court advised the jury that such confessions were good evidence, but that they must consider the manner of such confession, whether made in the street or in a bar-room, etc. The jury failed to agree, but at the next term of the court the jury gave Gay a verdict for forty-eight dollars and eighty-three cents, the judgments of the term amounting to two hundred and forty-three dollars and thirty-three cents.

Two indictments, tried at the July term, 1826, for selling liquor to the Indians, resulted in verdicts for six cents damages, and two others were nol. pros'd. Amasa Bagley brought a replevin suit against Ezra Baldwin (the first one on the docket), and was awarded thirty-one dollars and ninety-three cents damages for the detention of the property by the defendant, and the property as well. At the February term of the court, 1827, the first order for the sale of real estate was made by the court, the same being in the estate of John Huff, deceased. There were six applications for such decrees, five being granted orders of publication in Detroit papers, one being specifically named,-the Michigan Herald. Four orders of sale were granted at the November term, 1827. At the April term, 1829, the first alien appeared and foreswore his allegiance to his former sovereign, and declared his intention to become a citizen of the United States. John D. Evins was the man, and his sovereign was George IV., " king, by the grace of God, of Great Britain and Ireland." The April term of 1832 was the last term of the court under the Territorial government. In 1846 the county courts were reconstituted, with similar powers and jurisdiction to the first court, and were vacated by the constitution of 1850, the last term closing December 31, 1851.

The following gentlemen held the office of chief justice of the Territorial county court : Dr. William Thompson, 1820-27 ; Smith Weeks, 1828 ; Daniel Le Roy, 1829-32. Associates, Daniel Bronson and Amasa Bagley, from 1820 to 1832. The county judge under the reorganization of the county court, who was the pre- siding judge of that court, was Charles M. Eldredge, from 1846, through the en- tire existence of the court, to January 1, 1852. Wm. C. Hoyt was the second judge,-1846-48,-and Hiram Smith, 1848-51. These second judges had the powers of a master in chancery and of a judge in vacation only.

THE CIRCUIT COURTS

of the counties of the Territory were created by the legislative council in August, 1824, and which re-enacted the same in April, 1825, the act taking effect the September following (1825). These courts were held in each of the organized counties of the Territory by the justices of the supreme court. They had original jurisdiction, within their respective circuits, in all civil actions at law where the balance due or thing demanded exceeded the sum of one thousand dollars, and con- current jurisdiction with the county courts in all civil actions where justices of the peace had not jurisdiction, and of all actions of ejectment and of capital criminal cases, and appellant powers over the county courts. The first term of the court for Oakland County began June 19, 1826, with the following presence : Hon. John Hunt, judge ; Wm. Morris, sheriff; Wm. F. Mosely, prosecuting attorney ; Sidney Dole, clerk. Calvin C. Parks, Walter Sprague, and Joshua S. Terry at- tended the court as constables, and Ziba Swan, Jr., and Schuyler Hodges as deputy sheriffs. Wm. Burbank was foreman of the grand jury. The grand jury found four indictments for murder,-two against Imri Fish, and two against a Chippewa Indian called Sa-kosse-ka. The indictments against Fish were for the murder of Polly and Cynthia Ann Utter. The jury brought him in not guilty on one, and the other indictment was nol. pros'd by the prosecuting attorney. The prisoner was discharged from the indictments, but held under charge of insanity, which was proven on the trial. He was kept in the county jail for a time, and finally died not long afterwards. In the trial of the Indian, Sa-kosse-ka, for the murder of Sha-bo-ga-shek, Whitmore Knaggs was sworn as interpreter, and A. M. Rob- ertson and O. D. Richardson were assigned as the Indian's counsel. The jury returned the prisoner not guilty ; and the second indictment against him for the murder of Ka-ka-on-quet was nol. pros'd. Mosely was allowed fifty dollars for his work for the term. At the June term, 1827, Hon. James Witherell presided, and one Wm. Dunlap declared his intention to become a citizen of the United States, which constituted the entire business of the term. Judge Henry Chip- man presided in March, 1828, one day only being held. In October, 1828, Judges Woodbridge and Sibley presided. The first conviction for horse-thieving was had at the March term, 1829, Platt Winchell being indicted and tried at that time, and sentenced to six months' confinement in the county jail and a fine of two hundred dollars and costs, and to stand committed until fine and costs were paid. The March term was opened by Hervey Parke, sheriff. The October term, 1832, held by Judges Sibley and Ross Wilkins, was the last term of that court.

On the 15th day of April, 1833, " the circuit court of the Territory of Michi-

gan" was created, the organized counties of the Territory constituting one circuit, and the presiding judge to be styled the circuit judge, to be appointed by the governor, and who must be a person learned in the law, and should hold his posi- tion for four years. Two associate judges were also to be appointed in each county, to hold their offices three years. Any two of the judges could form a quorum for the transaction of the ordinary business of the court, but no flagrant crime could be tried in the absence of the circuit judge, unless the person charged therewith consented to a trial. These courts possessed chancery and common law jurisdic- tion, original in all civil cases where justices had not jurisdiction, and had cog- nizance of all offenses not similarly cognizable by justices, and appellate powers over justices. The circuit courts existing at the time of the passage of the act were in the act denominated " the superior circuit courts of the Territory of Mich- igan," but the business on their dockets was transferred to the new tribunal. The first term of this court was begun June 24, 1833, in Pontiac, Hon. William A. Fletcher, circuit judge, presiding, with Amasa Bagley as associate judge. Judge Fletcher's commission, issued by Governor Porter, was read, and spread on the record. At the July term, 1834, Daniel Le Roy and Bagley appeared as asso- ciate judges. The June term, 1836, was the last term of the circuit court of the Territory of Michigan, held in Oakland County, though in November the last representatives of the old regime-John Goodrich, deputy clerk ; Orison Allen, sheriff; and Oliver Torrey, the crier-met, and the sheriff returned the venire for the grand and petit juries, the most of whom appeared, but no judge came, and the court was adjourned by the clerk until the next morning,-November 2,-when the same august presence came into the court-room at nine o'clock A.M., and the balance of the jury; but the day wore on, no judge appeared, and at five o'clock of the second day the court stood adjourned sine die.

The constitution of 1835 provided for a supreme court, and as many others as the legislature should conclude to establish, including one probate court in each county. The supreme court was to consist of one chief and three associate jus- tices, appointed by the governor, on nomination of the senate, for seven years' terms. The State was divided by the legislature, in 1837, into four judicial circuits, the justices of the supreme court holding the courts in the several coun- ties. The courts had the same jurisdiction as under the territorial organization, except in chancery cases. Two associate judges were to be chosen in each county, one of whom was to sit with the presiding judge. In 1840 both associates were empowered to hold the courts in the absence of the presiding judge.

The first term of the circuit court of the County of Oakland, in the State of Michigan, was held in May, 1837, beginning on the first Tuesday of the month ; Hon. George Morell, one of the associate justices of the supreme court, presiding, with Samuel Satterlee and David Paddock associates. G. A. C. Luce was the first attorney admitted to the bar in the State court, May 2, 1837. This style of the court continued until October, 1839, when a court was held, styled the cir- cuit court of the fourth circuit within and for the county of Oakland, at which Hon. Charles W. Whipple, one of the associate justices of the supreme court, and presiding judge of the fourth circuit, presided, with associates Satterlee and Pad- dock. In the March term, 1840, the placita, whether designedly or not we do not know, changed to the circuit court of the county of Oakland. In 1847, at the September term, Judge Whipple held the term alone, the associate justices falling out by law, on the re-establishment of the county court. In April, 1848, another change was made in the courts, the supreme court being reorganized, and made to consist of one chief and four associate justices, and the State was divided into five judicial circuits, each one of the supreme court justices to hold at least two terms in each county in the circuit assigned him, and in the execution of that duty to be styled circuit judge.

The constitution of 1850 vested the judicial power of the State in one supreme court, circuit courts, probate courts, and justices of the peace. Municipal courts to be provided for the cities at the will of the legislature. For six years the judges of the circuit court, to be elected in each of the eight circuits the State was districted into, were to form the supreme court of the State, after which the legislature was to provide for a reorganization of the latter court by the election of one chief and three associate justices for terms of eight years,-the term of one judge to close every alternate year. The legislature had power to alter the limits and increase the number of the circuits, and the courts had original juris- diction in all matters civil or criminal, not excepted in the constitution nor prohibited by the law, and appellate and supervisory powers over all inferior tribu- nals. The county clerks are the clerks of the court.

The first chancery case brought in the county was commenced in the circuit court, October 2, 1830,-John Biddle, of Detroit, complainant, and Henry Rey- nolds, of New York, defendant,-the action being a bill for the foreclosure of a mortgage. The bill was drawn by G. O .. Whittemore, solicitor for complainant, and describes the mortgaged premises as " being situate, lying, and being in the county of Oakland, in the Territory of Michigan, and known and described as

HISTORY OF OAKLAND COUNTY, MICHIGAN.

the west part of fractional section 11, township 2 north, range 9 east, of lands directed to be sold at Detroit, by the act of Congress entitled 'an act providing for the sale of the lands of the United States in the Territory northwest of the Ohio and above the mouth of the Kentucky river.'" After laying before their honors the court the complaint of his client, expressed in piteous terms, the solicitor concludes the same by a most humble prayer that their honors would grant their orator " the most gracious writ of subpoena, in the name of the United States of America," etc.

The first divorce suit was brought in this court July 12, 1834, being the bill of complaint of John Runyan against his wife, Eunice Runyan, who, he alleged, had deserted him, and also had been guilty of adultery. John obtained a decree of divorce from Eunice in February, 1835, which released him and his property from any claim she might make by virtue of her former wifehood rights; but the decree did not specifically say either party might marry again. The com- plainant was fifty-eight years old and the defendant fifty-five.

At the October term, 1837, of the circuit court, fifteen libel suits were brought on charges of corruption growing out of the election for member of Congress, in September of that year. There were two days used in polling the votes at that time, and General Crary, the Democratic candidate, came out some thirty odd votes behind his competitor in the race in Pontiac township, much to the chagrin of his friends. Some of them charged certain of the Whigs with tampering with the ballot-box, and issued a hand-bill to that effect, which called forth the suits above named. Four of the suits were compromised by taking a judgment of fifty dol- lars, which were affirmed by the supreme court; seven were dismissed ; one was tried, and a verdict of three hundred and thirty-three dollars given for the plain- tiff, and affirmed by the supreme court; and the others were transferred to Gen- esee county for trial.

As an instance of the free-and-easy grace with which judges, jurors, and law- yers looked upon the proprieties of society in the early days, we give an incident that transpired in the National House of Pontiac, while under the regime of Almon Mack. Card-playing was the favorite and almost universal pastime of the day, and it was noised abroad that, in order to make the game more interesting, stakes of money were played for at the National. This coming to the ears of one of the citizens of Pontiac, he felt himself called upon to interfere for the suppression of the supposed outrage upon the law against gambling, and he, thereupon, told Mr. Mack of what had come to his knowledge, and his intention to present him, Mack, before the grand jury. Mack said he could not stop it without material injury to his business, as all his patrons, irrespective of position or standing, played for small stakes. The self-constituted censor said it made no difference; it was contrary to the law, and the duty of every good citizen was plainly pointed out, and he could not disregard it so far as he was concerned, and the conversation ended. That evening Mack sent for his neighbor, who came about nine o'clock, and was by the landlord conducted into one apartment where the grand jury were engaged in their favorite amusement with silver quarters for antes; into another, where the petit jury were similarly engaged ; and out upon the porch, where, en- joying the coolness of the evening, were congregated the bench and the bar, at the same game, made interesting by the same stakes. Mack, after taking his visitor about the house, said, " Well, what do you think of your presentment now ?" " Good-night, Mr. Mack," was the response, and nothing further was heard of the matter. The most fitting comment now, perhaps, on the then state of things is that contained in the old Latin proverb, "Tempora mutantur, et nos mutamur in illis."

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History of Oakland County, Michigan, with illustrations descriptive of its scenery, palatial residences, public buildings, fine blocks, and important manufactories, Part 14

Author: Durant, Samuel W Publication date: 1877 Publisher: Philadelphia, L. H. Everts & co. Number of Pages: 553

Author: Durant, Samuel W
Publication date: 1877
Publisher: Philadelphia, L. H. Everts & co.
Number of Pages: 553