USA > Michigan > Saginaw County > History of Saginaw County, Michigan; historical, commercial, biographical, Volume II > Part 83
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85
LÒAN
BUILDING AND ASSOCIATIONS
THE WELL APPOINTED OFFICE BUILDING
The first office of the association was on the second floor of the Heaven- rich Block, but in February, 1888, it was moved to the Avery Block at Genesee and Jefferson Avenues, where it remained for seven years. Larger offices in the Courier-Herald Building were then secured and occupied until 1915, when the association purchased a building of its own, at 209 South Jefferson Avenue.
In 1889 the association had grown to such an extent that it was deemed expedient for its secretary. George J. Little, to devote his entire time to its affairs. For the first time an air of permanency and stability began to per- vade the organization, and four prosperous years followed. After surviving the financial storm of 1893, which wrecked realty values in Saginaw to a greater extent than elsewhere, because its industrial life was changing, the conditions improved, and there was fresh confidence in the soundness of the building and loan idea.
It was in 1898 that the association changed from the "serial plan," upon which it was organized, to the "permanent plan," giving greater equality and justice to all members. The change in the By-laws, in January, 1909, per- mitted an interest rate to borrowing members of six and twenty-four hun- dredths per cent., instead of seven per cent., was much fairer all around and proved an important step forward.
774
HISTORY OF SAGINAW COUNTY
1
LOBBY
VAULT
DIRECTOR'S ROOM
OFFICES OF THE PEOPLE'S BUILDING & LOAN ASSOCIATION
The People's Building & Loan Association of Saginaw is a mutual, co- operative, financial institution, whose object is to afford its members a safe and profitable investment for their savings, which are loaned to members only, and to facilitate their acquiring homes. It is one of the soundest in- stitutions of its kind today : and its aim through co-operation by its members, is to help each other and thereby help themselves. The money saved by the investing member is accumulated and loaned to aid the borrowing member to secure a home.
In 1918 the board of directors consisted of the following well known citizens: William W. Warner, president ; Ludwig Schweiner, vice-president ; F. H. Jerome, secretary and treasurer ; Walter J. Lamson, attorney: John Parth, Donald Henderson, Alfred H. Perrin, F. J. Zahner, John Popp, W. L. Miles, Mathias Reinert, Stephen Winkler, W. H. Miller, S. S. Armstrong and Il. D. Richter.
CHAPTER XXV THE BENCH AND BAR
The Act of 1839 - Judge Sutherland Was a Pioneer Lawyer - Amusing Mistake of Juryman - John Moore Comes Upon the Bench - De Witt C. Gage Was a Diligent Student - Peculiar Experience With a Jury - Chauncey H. Gage Followed - Creation of Second Judgship - Eugene Wilber Was a Capable Judge - Early Contemporary Lawyers - William M. Miller Was a Notable Figure - How a Lawyer's Joke Won a Case - Augustine S. Gaylord a School Teacher - John J. Wheeler Was Quiet and Absorbed - Prominent Lawyers Who Came Later - Wisner and Draper Won a High Place - A Lawyer of the "Old School" - Why the Saginaw Bar Was Strong - Other Prominent Lawyers - Prominent Lawyers of Today -A Humorous Incident - In Conclusion.
A LTHOUGH some of the ablest members of the Saginaw Bar were here long before 1859, the history of the Bench and Bar properly commences with the act of that year. Prior to that date Saginaw County, now alone comprising the Tenth Judicial Circuit, was attached for judicial purposes first to the Fourth and later to the Seventh District; and the Court was held by the grave and conscientious Judge Josiah Turner, of Owosso, and the scholarly pioneer Judge Sanford M. Green, whose legal, literary and judicial work commenced away back in the early forties.
Soon after the act of 1859 became a law James Birney became Judge of the Tenth Circuit, then composed of the counties of Saginaw, Gratiot, Isabella, Midland, losco, Bay and Alpena, and continued to discharge the duties of the office until January, 1864, when he was succeeded by Jabez G. Sutherland. Whoever speaks of Sutherland must speak favorably, or be contradicted by the record of his life. As a lawyer, scholar, judge, repre- sentative in Congress, and legal author of more than ordinary fame, he was one of the members of our Bar to whom every citizen of Saginaw should turn with pride.
Judge Sutherland Was a Pioneer Lawyer.
Judge Sutherland was one of the first lawyers to establish a practice in the county, and was an active member of the convention that framed the State Constitution of 1850. His practical knowledge of the law was acquired in sharp competition with John Moore and William L. Webber. who came to Saginaw shortly after Sutherland located here, and whose legal abilities and reputations were a constant growth. These pioneers of our Bar, pos- sessed of the respect and confidence of the people, lived to see the straggling village around the stockade, to which the settlers had once looked for protec- tion from the prowling Indian, changed to the prosperous, growing and wealthy City of Saginaw, and the dark, damp, unbroken wilderness between Lake Michigan and Lake Huron, and extending to the Straits of Mackinaw, developed into an agricultural territory of vast extent and fertility. To these results they contributed their full share, not simply as lawyers, but as business men and leaders in the great march of improvement.
Before going on the bench Sutherland was universally recognized as a ready and able lawyer, extremely zealous in the service of his clients. He seemed to feel honored by the position of Judge, and took pride in dis-
776
HISTORY OF SAGINAW COUNTY
charging its duties with judicial fairness. Patient, serene in disposition, honest in purpose, courteous in demeanor, and just and sound in judgment, he gained the respect of all and stored up the learning that found expression in his learned work, "Sutherland on Damages."
Amusing Mistake of Juryman.
The "uncertainties" of the law, as administered in the early days by juries of curious cosmopolitan character was often commented upon by the public, and not always to their credit. An amusing incident illustrating this situation was once related by the late Dan l'. Foote, one of the leading lawyers of the Saginaw Bar, to whom the historian is indebted for much of the material for this chapter.
"In 1860, a farmer named Stolze lost a two-year black bull, that was soon found in the field of another farmer across the line in Midland County. On the trial of a replevin suit before a Midland County farmer justice, the proof showed that the animal had a dark red stripe on his back and a few white hairs at the end of his tail. The justice, after consulting with his neighbors, decided that the bull had been misdescribed and rendered a verdict against Stolze. Too poor to appeal the case to the Circuit, Stolze appealed to a justice in Saginaw County and had the farmer arrested for stealing the bull. The case had become important to the defendant, and he employed Sutherland, then in full practice at the Bar. A jury was demanded and drawn, and the court was held in the village hall, closely packed with Stolze neighbors and the people about.
".A certain man whom we will call Mr. B. appeared on the panel. The defendant's lawyer, Sutherland, thought it proper to examine the jury as to their bias and commenced with Mr. B. by asking him if he had formed or expressed any opinion upon the case.
"'No.' said B. his face as innocent as a pumpkin.
".But I mean, Mr. B.' continued Sutherland, 'have you formed or ex- pressed to any one an opinion upon the merits of the case?'
".No,' said B., his face blanker than ever.
"Sutherland knew him; leaning forward and speaking in his quick. pleasant, persuasive manner, said: 'Fred, whose bull is it?'
"The answer came quickly. 'He Stolze bull, by dam, Jabe: I know him dis tree year.'
"AAfter all Fred's real mistake was in supposing that he was there as a witness, and not as a juror."
John Moore Comes Upon the Bench
John Moore followed Sutherland upon the Bench, and it is impossible to determine from public opinion of the time, which was the better judge. John Moore was of English birth, but is American in education and sentiment, this country being the land and home of his achievements. To the sturdy characteristics of his fatherland he added the genius and thrift and tact of the born Yankee, and he was a lawyer with a knowledge of the principles ot law, and a skill and judgment in their application equalled by few. He always had a clear idea where the right lay, and the jury rarely differed from him in conclusion; yet it was not easy to point out any error in his charges, and whatever influence he exercised over the jury was wholesome. Sutherland and Moore placed the judicial standard in this county so high as to make it somewhat embarrassing for their immediate successors.
This situation, however, on the resignation of Judge Moore, did not deter William S. Tennant from taking his seat upon the Bench, in April, 1874. He was a young man of good general and more than ordinary legal
777
THIE BENCH AND BAR
JUDGE JABEZ G. SUTHERLAND
education, of an honest purpose on the Bench, good understanding, and a ready faculty of making the most of any good idea that came to him. During the six years he was upon the Bench much important business came before the Court, and he held the scales of justice with an even hand, and enjoyed the full confidence and respect of the Bar. In March. 1880, he resigned, and was succeeded by Colonel DeWitt C. Gage, who for a long time before his appointment had enjoyed a large and profitable practice.
Judge De Witt C. Gage Was a Diligent Student
Colonel Gage was a practical, painstaking lawyer, and a most diligent student who relied upon his books, and felt the greatest confidence when backed by adjudicated cases. When unable to find a precedent he was little inclined to make one, being in every respect a conservative. He was an upright, conscientious judge, and did not disregard the well-known and estab- lished landmarks of the law. His habits of thrift forcibly brought to his attention methods by which the business of the court could be more readily dispatched, thus materially reducing the expense of it, and, although inno- vations tending to accomplish such an object were not introduced during his short term, the effects of his ideas have lived beyond him and time has justified his course and seen his views put in practice. The marked traits of his character were a sterling honesty that brooked no compromise with wrong, strong convictions fearlessly expressed and defended with ardor, thorough attention to work undertaken, genial hospitality, and a kindly interest in the rise and advancement of struggling young practitioners. He died on Sunday, July 31, 1887.
842
HISTORY OF SAGINAW COUNTY
Peculiar Experience With a Jury.
Judges of those days were men of strong convictions of right, yet 110 important case is recalled by Mr. Foote where they unduly sought to influence the jury. Jurors did sometimes discover the bias of the Judge, however discreet he may have been. One of the well known judges of the Court, a man of unquestionable fairness and integrity, but of rather strong notions of right, charged the jury in an unimportant case in the manner he judged proper and sent them out at six o'clock in the evening to consider of their verdict, and directed them, when they agreed, to sign and seal their verdict and deliver it to the clerk, supposing, of course, that they would agree in a short time.
On coming into Court the next morning the Judge was surprised and displeased to find that the jury had not agreed, and directed the officer to bring them before the Court. The Judge had received some intimation as to how they stood, that did not tend to please him, and in the course of his remarks to them he said in effect :
"I am surprised that you have not agreed, gentlemen; the amount in- volved in the case is small, its trial has taken an unusual time, and the evidence is such there ought to be little difficulty in agreeing upon a verdict. It has been intimated to me that you stand eleven to one, if I knew the name of the man, I think I would excuse him from further attendance upon the Court."
Thereupon a little old man from the country, wedged in on the back seat between two city men of aldermanic proportions, hastily squeezed himself out, and stepped forward a bit, said :
"No, no, shudge, don't do that, I'm the only man on your side."
Chauncey H. Gage Followed.
The next judge was Chauncey Il. Gage, who assumed the office January 1. 1882. He had been prosecuting attorney, and recorder of East Saginaw, and had enjoyed a good practice. Although quite a young man he was regarded as a good lawyer, an opinion fully justified by his course upon the Bench. Always polite and agreeable to all having business before the Court, he became a very popular judge. Completely independent and honest upon the Bench, no one ever questioned the motives of his rulings. He pos- sessed a strong sense of equity and lively sympathy for misfortune, so that if he sometimes erred in judgment, it was upon the side of charity. Judge Gage was one of the most companionable of men, open, honest, easy of approach, affable, free of speech, and possessing a sterling character above reproach, he commanded the respect and esteem of the community in which he had lived from early childhood.
The Creation of a Second Judgship.
Under the amendment to the State Constitution, approved by the people in November, 1888, the Legislature provided another Judge for Saginaw County, and John A. Edget was appointed to the newly created judgship. He was of English, French and Dutch extraction, born in Saginaw Town- ship August 8, 1849, and inherited integrity, manliness, ambition for better things and a will to acquire them. As a lad he was earnest. studious and persevering, and had ambition to excell in his studies and to make thorough preparation in the school room for the duties of life. He posseessed a strong character and intense nature, which enabled him to pursue, without flagging, any end at which he aimed. In preparation for a career in the law he entered with zeal, and soon found in the study all that his taste
779
THE BENCH AND BAR
required and his ambition craved. He read law in the office and under the instruction of Chauncey 1 !. Gage, and thus fortified he went to the law school of the University of Michigan, from which he graduated in April, 1872.
After a year of practice alone, he formed a partnership with D. W. Perkins, which continued for several years. In 1879 he became associated with John M. Brooks, and their practice embraced every class of civil business. For three successive terms he held the office of city attorney of East Saginaw, and served the city with ability and unswerving fidelity. He was deeply interested in the discussions leading to the consolidation of the Saginaws, and was one of the most influential citizens in consummating the union.
As Circuit Judge Mr. Edget rendered admirable service, and was dis- tinguished for ability, industry, and thoroughness, and by the promptness and honesty of his decisions. He ranked high as an orator, and his charges to the jury were models of perspicuity, precision and accuracy. Later, failing health alone prevented his nomination for Judge of the Supreme Court. His mind was clear, his habits methodical, his capacity for work immense. Always courteous, always kind and polite to everyone, his life seemed to be beyond criticism.
The Winter Club, of which Judge Edget was an honored member, thus spoke of him, "Genial and true as a friend, he developed a purity of character, and integrity of purpose that no act of his life ever sullied. Modest and unassuming always, we yet instinctively looked to him as an instructor, adviser and friend."
From 1889 until December 31, 1893, Judge Gage and Judge Edget, hold- ing separate Courts, continued as judges, and were succeeded by Eugene Wilber and the late Robert B. McKnight. The latter, after a brief service on the Bench, was compelled by ill health to resign, and he died in 1895. on the homeward voyage from Europe, whither he had gone in search of health. Judge Mcknight was a jurist of pleasing address, affable and kindly in manner, tolerant of misconduct in every form, and patient and helpful with ignorance and inexperience ; but any attempt at sharp practice brought upon the offender his prompt condemnation. Much important business came before him during the short term he was upon the Bench, which was promptly disposed of to the satisfaction of the Bar. Very few of his decisions were reversed by the Supreme Court.
In September, 1895, William R. Kendrick, a prominent member of the Bar, was appointed Circuit Judge by Governor Rich, to fill the vacancy occasioned by the resignation of Judge Robert B. Mcknight. The appoint- ment came without solicitation on his part, but was due to an unanimous request by petition of members of the Bar, withont distinction of party. Although active in politics he was free from partisan bias on the Bench ; and all his court decisions, without exception, were sustained by the Supreme Court.
Eugene Wilber Was a Capable Judge
Judge Wilber, who entered upon the discharge of his judicial duties January 1, 1894, served for a term of six years, being chosen to the position on account of his recognized fitness and superior qualifications. As a lawyer lie was especially strong before a jury, and as a judge was very methodical in conducting the business of his Court. He went straight to the core of a question or matter presented, and was not disturbed by the plausible argu- ment of counsel in support of a fallacy. He had the happy faculty of deciding against a man without offending him, his manner being kindly but firm
DEWITT C. GAGE 1880-82
JOHN A. EDGET 1889-93
PROMINENT JUDGES OF THE TENTH JUDICIAL DISTRICT
781
THE BENCH AND BAR
when satisfied he was right. There never was a doubt of his integrity of purpose in reaching a decision or publishing it. He was strongly inclined to give a young person a chance to reform if such a desire and life of honesty was sincerely expressed, but on the utterly depraved and degenerate who preferred a life of crime, he wasted no sympathy. . As a citizen, a soldier, a lawyer and a jurist, Judge Wilber acquitted himself well.
Early Contemporary Lawyers.
Among the earlier lawyers who were in active practice here with Sutherland, Moore and Webber, and who finished their practice in the decade from 1890 to 1900. the names of William M. Miller, Augustine S. Gaylord, Irving P. Smith and John J. Wheeler, are recalled with satisfaction and pleasure. For men of sterling character who left their stamp of honor and probity upon their careers, they deserve and are accorded brief mention here.
William M. Miller Was a Notable Figure.
William M. Miller was a law partner of Jabez G. Sutherland from the time he came to Saginaw until the latter went on the Bench. He was a lawyer by inheritance, his father and grandfather having been leading lawyers in the Green Mountain State. The firm of Sutherland & Miller was a strong one and their business large and profitable. Both were able lawyers and skilled advocates, each in his own peculiar way. No two men ever worked better together in the practice of the law-each possessed in a marked degree what the other lacked.
Mr. Miller, always urbane, courteous, and mildly earnest, was a master of statement and when he stated his client's case or position before the jury or the Court, in his frank, confidential manner, his case was half won. Cool, self-possessed, he won by candor where his opponent lost by zeal. He was well educated, cultivated, polite and refined in manner, and with all the advantages of learning and wealth there was nothing in his nature of arrogance or self-assumption. He once said: "After all it is astonishing how little the best of us know of the law." Honesty was no merit in Mr. Miller, it was a part of his nature; he could no more help it than the color of his hair.
He had a peculiar faculty of identifying himself with the jury so that they half mistook him for one of the panel, where his arguments took the form of a confidential discussion, having no objection but a correct deter- mination of the question they were considering, which, somehow, was generally found to be on the side of his client. Ile and the jury generally "stuck together." An active sense of the ridiculous and a quite way of rebuking it, even on serious occasion, without seeming to intend it, was one of his marked characteristics. This was notably illustrated by an incident in the Court of an adjoining county.
How a Lawyer's Joke Won.
"Mr. Miller and another lawyer from Saginaw were associated as counsel for the defense in an important criminal case tried at Midland, soon after Sutherland became Judge. The charge was an aggravated one, the testi- mony of the people direct, and the circumstances complicated, while the defendant was a man of considerable importance in the community. The testimony for the defendant-some relevant and some not so relevant- occupied four days in its presentation to the Court.
"A certain lawyer from Saginaw, whom we will designate as A., then in the height of his popularity at the Bar, had been employed by the county to assist the prosecuting attorney. On Saturday he closed the argument
782
HISTORY OF SAGINAW COUNTY
for the people at the noon hour. The excitement was great, and the Court House literally packed from the time the door was opened in the morning. A. was a stump speaker as well as lawyer, and, intending to be fair to the people who, as he fancied, had come out expressly to hear him, divided his time impartially between the jury and the audience. Address- ing the jury in a corner of the room for a few minutes, A. would suddenly swing around on his heels towards the audience, and with his arms spread out as if intending to scoop them all in, continue his argument until some stray idea impelled him to wheel back upon the jury and resume his speech for a few minutes, thus alternating for two weary hours, until noon.
"The Judge, the lawyers attending the Court, and most of the jury stopped at Ball's Hotel, and all were soon seated at the long table. A. sat across the board from Miller, and as soon as all were seated and before the dinner was brought on, Miller looked up and speaking so as to be heard by all at the table, said :
"'A., who is that good-looking man on the jury who wears a black coat?' (there were five men on the jury wearing black coats, and all at the table). ".I don't know,' said A. "Why?'
"'Oh!' said Miller, 'I met him at the door of the Court House, and he asked me if Mr. A. was running for Congress.'
"The point of the joke was recognized and appreciated by long con- tinued laughter.
"After dinner the Judge charged the jury in his usual clear, concise and impartial manner, and they soon returned into Court with a verdict 'not guilty.' A. was afterwards heard to affirm that Miller's little joke knocked the bottom out of his argument."
Augustine S. Gaylord Began as School Teacher.
AAnother popular and successful lawyer of the early days was Augustine S. Gaylord, who was a partner of Judge Moore, and later of the well-known firm of Gaylord & Hanchett. He was essentially a Saginaw man who "grew up with the country." His first employment here was as teacher in the village school long before Saginaw aspired to the dignity of a city. In November, 1851, he was appointed deputy county clerk, and then, his am- bition arising to become a lawyer, he became a student in the office of John Moore, and later his partner.
Mr. Gaylord was a large man in every respect, intellectually and physically, and of a social turn that secured him friends whose good will was manifested in ways more substantial than mere words. He was dis- tinguished as a lawyer possessing in a considerable degree those qualities that gave William MI. Miller his influence with the jury. It was said of him by a friend who knew him well, "While his off-hand opinions were sometimes subject to revision, I would have more confidence in his con- clusions after he had examined a question than in the judgment of any other lawyer in the State." At the time of his death he was Solicitor for the Department of the Interior.
In personal appearance and deportment Irving P. Smith much resem- bled Mr. Miller, and his character and mental capacity were of a high order. He was a law partner of William L. Webber, and during all their association they enjoyed an extensive, important and profitable practice. As with most Saginaw lawyers, business thrift closely followed professional success, and the one has generally been the measure of the other.
John J. Wheeler Was Quiet and Absorbed.
John J. Wheeler, a lawyer of retiring nature and modest demeanor, was nevertheless a worthy opponent of his colleagues at the Bar. He was not conspicuous as an advocate, possessing in no great degree those qualities
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.