USA > Michigan > Saginaw County > History of Saginaw County, Michigan; historical, commercial, biographical, Volume II > Part 84
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THE BENCH AND BAR
that excite sympathy or captivate the unthoughtful. Relying alone, and with a fair degree of success, upon the cold logic of his argument, appreci- ated in proportion to the intelligence of those he sought to convince, he presented his case in the same tone and manner with which he would advise a client in liis office. Ile was kind and generous, but not demonstrative, and usually quite absorbed in his own reflections.
It is said by a friend of Mr. Wheeler, of a jovial, bluff nature, met him one morning on the way to Court. Wheeler appeared to be lost in thought, and as they approached each other the friend said, "Why, John, what are you mad about?" Wheeler simply glanced at him in an inquiring way, and without further recognition passed on.
About a year afterward the two met again near the same place, and as it was one of Wheeler's off days of mental absorption he heartily extended his hand saying, "Don't you remember we met near here one morning awhile ago, and you asked me 'what I was mad about?' Well, I was not mad, I was just thinking about a little matter up in Court." Few members of the Saginaw Bar commanded more real respect and esteem than John J. Wheeler.
Prominent Lawyers Who Came Later.
Other prominent lawyers who later came to the Saginaw Bar were: William A. Clark, Colonel George A. Flanders, Oscar F. Wisner and C. Stuart Draper, all of whom have appeared before the tribunal from whose decrees there is no appeal.
William A. Clark, who soon took a prominent position at the Bar here, was a lawyer of considerable reputation before coming to Saginaw. He had a certain genius and facility of resources equalled by few, as appears from an examination of our State reports during his practice here. An expert upon questions of evidence and its tendency and effect, it was said he never made a mistake that tended to his client's injury.
He once defended a man charged with stealing wheat from a neighbor's barn, when a witness of creditable character testified to seeing the defendant leaving the barn with a bag filled with something upon his back. The witness also testified that the ground was covered with snow, the moon full, nearly overhead and shining brightly, and that he fully recognized the defendant. Mr. Clark, producing an almanac, completely confounded the witness and established the innocence of his client by showing from it that the moon was in its last stage and not visible on the night in question. It was subsequently found that the almanac was a last-year's almanac, picked up by mistake (?).
Colonel George A. Flanders was a graduate of an eastern college, and had a good record as a soldier. Although possessing a cultivated mind he was not a diligent law student, but he discharged the duties of prosecuting attorney in an able and efficient manner. To descend from the military rank of Colonel and the pomp and circumstance of war, to the petty legal business that came to newcomers at the Bar of the rough border town, was a ride shock to his proud and sensitive mind. He had little tact in securing clients, but as a jury advocate he ranked high, and as a political speaker was excelled by few. Of fine appearance, agreeable manner, and ready, unlabored eloquence, he was a popular man on the stump.
Wisner and Draper Won a High Place.
Oscar F. Wisner and C. Stuart Draper came to Saginaw together and were associated in the practice of law until death closed the partnership. To speak of Wisner is to think of Draper, though few partners resembled each other less, or were more attached to one another. Mr. Wisner was
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an eminently fair and just man, who despised fraud and humbug in every form-in law, business, politics and religion. He was a natural lawyer as well as a diligent student of law, and was not wanting in the qualities that make the mere advocate. He was most confident in discussing legal ques- tions before the Court.
Personally Mr. Wisner was a modest man never seeking office or public notice, and yet self-assertive and aggressive when the rights of his client called for action. He was not much inclined to idle civilities, but proved a generous and faithful friend, and an agreeable companion with those who knew and appreciated his real character. His pleasures were few and simple. A sail boat stocked with provisions, a single companion. and a trip around the shore of Lake Huron, camping at night in some sheltered cove where the water invited a long swim in the morning, was his ideal of a summer onting. As he navigated his frail craft around the rocky reefs of Point Aux Barques, he felt a pleasure unknown to the habitues of the crowded resorts of fashion.
No man was more thoroughly appreciated in Saginaw Valley than C. Stuart Draper, who came here a young man and a stranger. His affable manners, self-possessed demeanor, his talents neither paraded nor concealed, and his plain directness of speech promptly secured him friends and clients. llis natural eloquence, great store of knowledge, retentive memory, and logical reasoning placed him as a jury lawyer among the best in the State. Nor was he a mere advocate, but was a most diligent student, and his active legal mind enabled him to quickly grasp and apply legal propositions. He never sought to mislead the Court by advancing an unsound principle or misapplying a sound one, and therefore always commanded the respect and confidence of both the Court and his opponents. When professional zeal sometimes led him to uphold a doubtful principle, no one thought of im- puting it to a questionable motive.
A Lawyer of the "Old School."
William J. Loveland, a capable lawyer of the "old school." was a native of Vermont and received his education at Dartmouth College, from which he graduated in 1848. He was admitted to the bar three years later, and after some active practice in Michigan he settled at East Saginaw. in 1856. For a time he was deputy Assistant Assessor and Collector of United States Internal Revenue, of the Saginaw District. Easy going, slow of speech, plodding in his professional duties, Mr. Loveland nevertheless enjoyed a fair measure of success in practice, as his ability and studious application to fine points of law were generally recognized.
It is related of him that while acting as attorney for Curtis Emerson, in some real estate tangles in the East, he was called one night to the bed-side of his client in what proved to be his final illness. After going over some legal matters of importance, his mind as clear and lucid as ever, Emerson turned to him and in vehement and picturesque language, char- acteristic of the pioneer lumberman, said: "Now none of your d- procrastination in these things, you old slow poke. Get right at them tomorrow." At dawn Emerson was dead; and it is not recalled with what alacrity the attorney attended to the legal business.
Frederic Lloyd Eaton, Sr.
Frederic L. Eaton. Sr., a well known attorney who resided in Saginaw from 1865 until his death on March 5, 1901, was a native of New Hampshire where his ancestors had lived for upwards of two centuries. He was born at West Swanzy, received his education at Alt. Ceasar's Seminary and at Tuft's College, and was elected to the Legislature of New Hampshire at the age of twenty-one years.
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THE BENCIL AND BAR
CHAUNCEY H. GAGE 1882-93
ROBERT B. MCKNIGHT 1895
EUGENE WILBER 1804-1900
WELL KNOWN JUDGES OF THE CIRCUIT COURT
In 1860 he came to Michigan and settled in Lenawee County where he taught school and was admitted to the bar. Coming to Saginaw County he located at Saginaw City, and for more than forty years was identified with the affairs and business of the community. He served as a member of the board of health, as justice of the peace, as city attorney and recorder of Sagi- naw City. Of a studious and reflective disposition, with a liberal education, he was recognized as a sound lawyer and advisor, one who was well qualified to conduct the most intricate cases in court.
Mr. Eaton was a member of the Masonic order, and in politics was a Democrat of the old school. He was survived by his widow, Helen Mead Stone Eaton, who is now ( 1918) in her ninety-first year, and by a daughter, Mrs. Fred Buck, and a son, Fred L. Eaton, an attorney, both of this city. Another son, Joel D. Eaton, was drowned in his sixteenth year, while skating near the Genesee Avenue bridge, in the Winter of 1880-1.
Why the Saginaw Bar Was Strong.
That Saginaw County had, and still has, an able Bar was due in a great measure to natural causes. Though this county, now one of the finest agricultural sections of the State, never had a great quantity of pine, its geographical position made it the lumber producing center of a vast terri- tory. Four large rivers with numerous tributary streams, spreading out like a huge fan, penetrated the great pineries of Central Michigan to their source, and uniting only a few miles above this city form the Saginaw River, a broad and navigable stream. The upper streams, many of which, with the improvement of the county, have shrunk to a small farm ditch or wholly disappeared, floated logs at certain seasons of the year, while the
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HISTORY OF SAGINAW COUNTY
rivers into which they flowed afforded a natural and easy means of trans- porting the logs to Saginaw. The logs were banked upon the nearest stream that would float them, even in single file and by means of dams, and with the spring freshets were brought down in big "drives."
The great lumbering operations invited settlement and, as the land was cleared, the shores of the principal streams became farms of more or less value. Securing the timber, however, was the principal business and involved the making and breaking of many contracts, and a conflict of interests, as well among lumbermen as between them and the farmers located on the streams; and much litigation resulted raising new and im- portant questions.
The old rules of law defining navigable streams had no application to the new situation, and many of the rules regulating riparian rights needed to be applied with qualifications. adopting them to conditions not existing elsewhere. The importance of the interests involved demanded the most careful consideration, and the most diligent study of the authorities to support a new application of conceded principles. Trials involving many thousands of dollars, and principles more important still to those interested, and occupying many days, were of frequent occurrence. The large logging and lumbering business, and the energetic way in which it was pushed, necessarily furnished much legal business, and that gave valuable legal experience.
The reports of the Supreme Court show the diligence and ability of the Saginaw Bar in the settlement of these questions, and many incidental ones growing out of them, and in the settlement of which the leading mem- bers took an important part. That the more active and ambitious members of the Saginaw Bar should have become successful and influential lawyers was inevitable.
Other Prominent Lawyers.
So far, with one or two exceptions, we have spoken truly of the departed members of the Saginaw Bar, who have left their stamp of success upon the profession ; and may not properly conclude the narrative of human progress without referring to William 11. Sweet, Charles H. Camp, George B. Brooks, Dan P. Foote, James L. T. Fox, Chauncey W. Wisner and Timothy E. Tarsney. They formed the connecting link between the earlier and present Bar, but eventually retired in favor of younger members, who, by a sort of professional descent, inherited in no small degree the qualities that dis- tinguished the earlier members.
Mfr. Sweet came to Saginaw about the same time that Sutherland, Moore and Webber became recognized leaders of the Bar ; and was univer- sally regarded as an able lawyer and very skillful in cross-examination. A short sketch of his life appears in Chapter XI. pp 201-3, and a portrait on page 202.
Charles H. Camp's qualifications and reputation as a lawyer may be inferred from the fact in 1887 he was nominated for Justice of the Supreme Court of Michigan, but went down to defeat with his party. For a long term of years he was a law partner of the late George B. Brooks ; and was pre-eminently an office lawyer, devoting most of his time to the preparation of cases for trial, in which work he excelled. Careful and methodical in his work, possessed of superior capacity for details, a fine perception of the law and its applicability, he was well qualified for the preparation of pleadings of every form and variety. In later years the firm of Camp &
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Brooks was much engaged in real estate matters, and was the first. in associa- tion with Harlan P. Smith, to experiment in reclamation of marsh land for agricultural purposes.
A brief mention of George H. Brooks is to add another leaf to the crown of laurel that distinguishes the Saginaw Bar. Coming here in 1866. he at once formed a law partnership with his early friend and classmate, Charles H. Camp, an association which continued for more than thirty years. Ile was full of vigorous energy, and worked for the rewards of his profession, in 1873 being elected Judge of the Recorder's Court, serving six years. Later he held the office of receiver of the United States Land Office at East Saginaw.
Mr. Brooks was a man of high character and purpose ,and was univer- sally regarded as a good citizen. His social qualities were estimated on the same high plane as his legal abilities, and his literary attainments were considerable. He was the oldest member of the Winter Club at the time of his death, in 1916, in his eighty-second year.
Dan P. Foote, father of Langley S. Foote, entered the practice and study of law at the age of thirty-one years, after graduating as a sailor. miner. traveller, school teacher and farmer. He read law with Judge Sutherland, and was admitted to the Bar September 19, 1863. Three years later he established himself as an attorney at Saginaw City, and by diligent study and close application gained a reputation for successful conduct of legal business. He served for a long time on the board of supervisors, especially when Saginaw City was involved in contests with its neighbors across the river. For many years he served as city attorney and one term as prose- cuting attorney. His strongly marked individuality, shrewd judgment and thorough knowledge of men, accounted for the confidence reposed in him by his friends and clients.
James L. T. Fox was one of the oldest members of the Bar, coming here at the time when the village was exulting in its first weekly newspaper. In this publication his professional card announced that he would give "particular attention to the defence of innocent persons wrongfully accused of crime. None others need apply." For a time his practice proved that most of those brought into Court were "wrongfully accused." but ill health sadly interferred with his professional labors.
In Chauncey W. Wisner the Bar had a notable member, for a time being active and conspicuous in local practice. He possessed all the natural elements of a lawyer, being well read, with an active imagination, bright fancy, keen wit and a ready speech, but the dull routine of court and its small unimpressible audiences was less attractive to him than the surging, applauding crowd gathered at the street corner to hear political truths, as he expounded them from the top of a dry goods box.
This trait, however, did not prevent his becoming a successful business man, and he gradually drifted from the law to business speculations and politics, and the Bar, some years before his death, lost one who might have become a great lawyer. As State Senator he was long remembered by the people of Saginaw. Personally, he was a kind and agreeable man, and took pride in being called the "Bridgeport farmer," while living at his large and valuable farm about three miles southeast of the city.
Timothy E. Tarsney, a native of Michigan, was the architect of a unique and interesting personal career. Born in 1849 he was at the most impres- sible age when the Civil War broke out, and with four brothers joined the Union army. He was first employed in coupling cars at Nashville, then served as fireman on a locomotive in the government service. During the siege of Nashville he heard the rumbling of guns at Franklin, and imagined
.
Timothy E. Tarsney
Chauncey Wisner
(. Stuart Draper
William M. Miller
Augustine S. Gaylord
Daniel P. Foote
John J. Wheeler
Frederic L. Eaton, Sr.
SOME SUCCESSFUL LAWYERS OF THE FORMATIVE PERIOD
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he could see a million Confederate cavalrymen engaged in battle, when a sober roll-call would have revealed scarcely a thousand engaged in a hand- to-hand conflict. He was fireman on an engine which carried relief am- munition to the beleagured troops, and the train "zipped" through the midst of the combatants, bound for Franklin. The engine was lost, but young Tarsney escaped, bought a mule for a dollar, rode back to Nashville, eighteen miles distant, and remained in the government service until the close of the war.
In 1866 he came to East Saginaw and took charge of a steam engine in a saw mill. Later, he secured a marine engineer's license and for seven years sailed the lakes on steam barges that made this port. During the winter months he pursued some academic studies, and attended the law school of the University of Michigan, from which he graduated with the ciass of 1872. He commenced the practice of law in East Saginaw ; and in 1875 was appointed city attorney, an office which he held for three years. In 1879 he became the senior partner of the firm of Tarsney & Weadock (George W. Weadock), which continued twelve years with great success. Though defeated on the Democratic ticket in 1880 for Representative in Congress, he defeated his old rival for the office, Roswell G. Horr, in 1889, and was re-elected two years later. After this public service he resumed his legal practice, and in 1893 removed to Detroit.
As an advocate his intuitions were strong, his perspicacity remarkable. his sensibility impressionable, his sympathies easily touched and his imagina- tion lively. The keenness of his perception enabled him to quickly reach a conclusion from a premise, and yet his judgment was not formed without deliberation. When a conclusion was reached, whether intuitively or logically, he moved with alacrity, and supported his position with forcible arguments impulsively expressed.
Prominent Lawyers of Today.
Other leading lawyers of the intermediate period, some of whom are still in active practice, were: Benton Blanchett, Gilbert M. Stark, Gardner K. Grout, Lorenzo T. Durand. Frank E. Emerick, William E. Crane, Riley L. Crane, William Glover Gage, Watts S. Humphrey. George Grant, Hugo P. Geisler, Emory Townsend, William R. Kendrick, George W. Weadock. John F. O'Keefe, Walter J. Lamson, Emmet L. Beach. George W. Davis, James 11. Davitt, John E. Nolan, John A. Combs and Eugene \. Snow.
Among the more prominent attorneys of the younger generation are : Harvey A. Penney, Henry E. Naegely, Ernest \. Snow. Jenner E. Morse. Herbert A. Otto. Robert T. Holland, Robert H. Cook, Fred L. Travers. Frank A. Rockwith, Floyd A. Wilson. Frank A. Picard, A. Elwood Snow, Frederick 1. Eaton, Earl J. Davis, Raymond R. Kendrick, Bird J. Vincent, Frank Q. Quinn, Miles J. Purcell, Julius B. Kirby, and Vincent and Jerome Weadock.
Biographical sketches of most of these progressive lawyers, with their portraits, will be found in Volume 11. the pages being indicated by the index.
A Humorous Incident.
Humorous incidents in the early history of the Saginaw Bar were numerous, as has been shown in the preceding pages, and sometimes led to unpleasant situations for the lawyers involved. One in particular, showing the uncertain modes of travel in those days, as well as the dangers and difficulties thereof, is well worth telling.
About 1860, when Judge Birney was the Circuit Judge of the Tenth District. all the country north of Saginaw as far as Alpena was included within his jurisdiction. The only roads were mere trails through the dense
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HISTORY OF SAGINAW COUNTY
woods, and the only vessels plying along the shore of the lake and bay were small schooners or sloops. The usual means of reaching Tawas, the seat of justice of Iosco County, was by old Captain Marsack's fishboat, which was not a bad craft for those days.
The court was to be held at Tawas, and the Judge, with a proper com- pany of lawyers from Saginaw, left Lower Saginaw ( Bay City) for the upper shore point in Marsack's boat. When well down Saginaw Bay where it expands into the lake, and the northeast wind comes roaring and whistling around Point Aux Barques, the bay suddenly became stirred with the heavy cross-seas so characteristic of those unreliable waters. It was near night ; the sea was running high-terrifying to landsmen, and Tawas a long dis- tance to windward.
Judge Birney, who was a conscientious, dignified gentleman as well as a sedate judge, feeling that the situation called for a reconciliation of ill friends, said to a certain lawyer, whom we will call A, in his gravest manner, "Mr. A., there have been some passages between us I much regret ; and now, seemingly upon the verge of eternity, I hope we may as Christian gentlemen shake hands and forget and forgive."
llere a huge wave nearly capsized the boat, and as soon as it was found that it had not gone over. A., bracing himself against the weather gunwale, extended his band, and in his usual hearty tone, said :
"By the eternal, Judge, I'll do it-I'll do it, Judge, with this under- standing, that if we ever do get ashore this shall all be held for naught."
The Judge's answer to the proposition thus modified was never given, for at that moment, Marsack suddenly determined to work under the lee of Gravelly Point, known in later years as Point Lookout. The captain usually navigated his craft in French, but, in times of peril like a true sailor, dropped into English, and he now sang out. "Ho dare, Pete, you black nigger, haul down the ank, and trow overboard dat man-sal."
The captain's order, though a little confused, was correctly understood by Pete, who comprised the crew, so he let go the main halliards and quickly cast the anchor over the weather bow. As the fore-sail had been left stand- ing her how fell off as the anchor caught, and Pete, skillfully paying out the line. the boat drifted along the edge of the reef and grounded on the sandy beach, just under the lee of the long, narrow, low point. At the time the point was submerged by the waves that broke on its weather side, and washed across the low ground a foot or more deep. The Judge and his friends jumped overboard and safely waded ashore where they found shelter further inland under one of the great sand drifts that the northeasters have piled up on that romantic point.
The supperless night on the beach was far better than a berth at the bottom of the bay, and the sea and weather in the morning, as calm and serene as A's conscience, enabled them to take an eight o'clock breakfast at Tawas, and put an end to all peace negotiations.
In Conclusion
The long trials, civil and criminal, involving thousands and thousands of dollars, or rights and interests still more important, the sharp contentions, the diligent and able labors of counsel, the eloquent appeals of the advocates, have received no mention in this work, as the histories of many of them would fill a volume. The purely personal side, which, after all is said, is far more interesting to the public than dry, legal facts of weary trials, has had almost exclusive attention, although an account of the first criminal trial in Saginaw County is given in Volume 1, pages 111-13, and the first probate case in the same volume, page 114.
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The failures of the Saginaw Bar have not been many, and few lawyers who came here have failed to remain. Strangers have always been warmly welcomed and received prompt and generous recognition. Few enmities and jealousies have existed, and the members of the Bar have almost univer- sally been courteous and obliging to each other in and out of Court. This has been particularly true as to the treatment accorded the younger and less experienced members. All have not succeeded alike any more than inen in other occupations attain equal success, but all may safely congratu- late themselves that their fortunate situation in the great and prosperous Saginaw Valley has left little reason to envy those of other localities. If history shall fail to record each one's name, those who follow will not let the memory of the deserving grow dim and be forgotten.
END OF VOLUME I
INDEX
of
PIONEER BIOGRAPHIES AND INDUSTRIAL AND COMMERCIAL HISTORY
A Page
Academy of Music. .670-1
Achard, A. W. & Son 619
Andre, Peter C .. 720
American Commercial and Savings Bank 750
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