History of Shiawassee and Clinton counties, Michigan, Part 81

Author: Ellis, Franklin, 1828-1885
Publication date: 1880
Publisher: Philadelphia, D.W. Ensign & co.
Number of Pages: 716

USA > Michigan > Clinton County > History of Shiawassee and Clinton counties, Michigan > Part 81
USA > Michigan > Shiawassee County > History of Shiawassee and Clinton counties, Michigan > Part 81

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Charles W. Whipple, a justice of the Supreme Court and presiding judge of the Cirenit, and ITiram Wileox and Jo- seph Seaver, associate judges of the county of Clinton, were present. The court was opened in due form, and the following persons composing the grand jury were sworn, viz. : Harvey Alexander, Jolin II. Andrews, Daniel H. Blood, Grove Cooper, Benjamin Carpenter, Gilbert Cush- man, Oliver Doty, Francis Francisco, Daniel Ferguson, Jr., flugh Hagerty, John Gould, Elisha Guunison, Levi D. Jenison, Allen Lounsberry, Thomas Myers, John Jessup, John W. Merrihew, Welcome J. Partelo, Jonathan R. Pearsall, John Parker, Charles Steveus, William S. Swart- hout, and William II. Webb.

There being no prosecuting attorney, the court appointed Calvin C. Parks to perform the duties of that office during the term. Two cases were brought before the court, and were both sent back to the justice from whom they came for a more full and perfect statement. Robert B. Daniels appeared in court and made declaration in due form of his intention to become a citizen of the United States. The declaration was ordered placed on file.

The next case was that of Ephraim II. Utley es. Joseph Cook. In attachment.

The defendant was called and came not ; thereupon " Or- dered that his default be and is hereby entered."

A petition for divorce was presented, and the court or- dered publication of petition and order for six weeks.

The grand jury eame in, presented sundry indictments, and were discharged. The case of the People vs. Lyman Webster, for embezzlement, was called, and on motion of the prosecuting attorney it was " Ordered that the prisoner enter iu recognizance himself in three hundred dollars, and a surety in the sum of two hundred dollars consideration for his appearance at the next term of court." There being no further business, the court adjourned.

At the second term of the Circuit Court, in October, 1841, the first petit jury was called, the following-named persons being the jurors : Benjamin Merrihew, Edward Higbee, Henry Jipson, John McCollum, Calvin Barber, Henry Gibbs, Jr., James Gunsolly, Richard Lewis, Lyman Webster, Elijah I. Stone, Joab Dobbins, George A. Merri- hew, D. B. Cranson, Jesse Olmstead, Nathan Case, Barney Allen, Morris Cushman, Ransom Reed, John Ferdon, Peter Finch, Reuben Rogers, Smith Parker, F. W. Cronk- lite. Judge Whipple not being present, the court ad- journed.

The presiding judge of the circuit until 1817 was the Hon. C. W. Whipple, who was succeeded by the Hon. Edward Mundy. Judge Mundy filled the unexpired term of Judge Whipple, and continued in office till 1851, when the Ilon. George Martin was elected for a full term. In 1857 the Ilon. Louis S. Lovell was elected circuit judge, and has continued in the office till the present time.

THE PROBATE COURT.

The first judge of probate of the county of Clinton was Hiram W. Stowell, who was elected in April, 1839. The first business of which any record appears was the appoint- ment of Belinda Cushman as guardian of Mial and Charles B. Cushman, minor children and heirs of Era Cushman, of

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HISTORY OF CLINTON COUNTY, MICHIGAN.

the township of De Witt. The date of this appointment was the 11th of April, 1840. The next record is of the appointment of Henry Moon as guardian of Catharine, Caroline, Mary Ann, and Rebecca Place, minor children of David T. Place, of Salem, Washtenaw Co., and bears date Jan. 10, 1842.

The first letters of administration were granted March 26, 1842, to Matilda and Calvin Marvin, of De Witt, on the estate of Eleazer M. Marvin, deceased. Calvin Marvin having waived his right to administer and declined the ap- pointment, Seth P. Marvin was appointed. Harvey Alex- ander, W. W. Webb, and Ephraim H. Utley were ap- pointed appraisers and ordered to report May 10, 1842, at which time they did so report and presented an inventory of the property.

The first will offered for probate and recorded in the probate office was that of Joseph Eddy, of the township of Eagle. The will was dated April 13, 1842, and bears the names of Edward W. Iligbee, Philo Doty, Jared Higbee, and Curtis Hinman as attesting witnesses. Jane Eddy and Jeremiah Eddy were appointed administrators. Jane Eddy renounced all right to administer upon the estate, and Jere- miah Eddy remained sole administrator. On the 6th day of June, Sophia Eddy was appointed administrator on the estate of Abram Eddy, deceased.

The above account includes all the business on record during the incumbeney of Iliram W. Stowell as probate judge. Ile was succeeded by Theodore II. Chapin, who held his first court on the 23d of January, 1843, when he examined the accounts and received the resignation of the administrators of the estate of Eleazer M. Marvin.

The office of the probate judge was held in one room of the building erected by the county on the public square iu the village of De Witt until the removal of the county- seat to St. Johns in 1857. The office at that place was held in Plumstead Hall until the completion of the first county building on the public square, when it was removed to that building, and to the court-house on its completion in 1871.

THE COUNTY COURT.

County eourts, which were established in Michigan on the 24th of October, 1815, and abolished in April, 1833, were re-established by act approved May 18, 1846. Under this law an election of judges was held in Clinton County on the 3d of November, 1846. Jesse F. Turner was elected county judge and William Shepherd second judge. The first term of the county court for the county of Clin- ton was held on the 5th day of April, 1847 (the day ap- pointed by law), in the upper room of David Scott's house in the village of De Witt, the Ilon. Jesse F. Turner pre- siding. There being no business, the court adjourned. Judge Turner officiated as county judge until the 8th of February, 1851, when he resigned, and the Hon. William Shepherd, second judge, presided until the close of the year, when the county court ceased to exist by limitation,- the constitution of 1850 having provided that the terms of the judges of county courts should expire on the first of Jauuary, 1852, and the jurisdiction of all suits and proceed- ings in law and equity then pending in the county courts should become vested in the circuit and district courts.

COUNTY SITES AND COUNTY PROPERTY.

In accordance with an act of the Legislative Council of the Territory of Michigan, passed in 1830, providing for the appointment by the Governor of commissioners to locate county-seats, acting Governor Stevens T. Mason, on the 5th day of September, 1833, appointed James Kingsley, Stephen V. R. Trowbridge, and Charles J. Lanman commissioners to locate the county-seat of Clinton County. No record is found of the date on which the report of the commissioners was filed, and it was not until the 22d day of September, 1835, that the proclamation of the Governor was issued con- firming the location, which was described as the west half of - the southeast quarter of seetion 5, in township 5 north, of range 2 west, the present site of De Witt. Clinton County was attached to Kalamazoo County as unorganized terri- tory from 1830 till March 23, 1836, when it was erected into a township by the name of De Witt, and the next day it became attached to Kent County. Welcome J. Partelo was the first supervisor of De Witt township, and attended the meeting of the Board of Supervisors of Kent County at Grand Rapids. Upon the organization of Shiawassee County, on the 18th of March, 1837, Clinton County was attached to it, and remained under that jurisdiction until March 12, 1839, when it was organized as a separate county. The first election of county officers was held on the 1st day of April, 1839, and on the 10th of the same month the commissioners for the county convened for the purpose of organizing and transaction of county business.

The erection of county buildings soon became neces- sary, and the subject was brought before the Board of Com- missioners on the 12th of October, 1840, by the following resolution, which was adopted : " That four hundred dollars be appropriated in erecting offices for the following county officers : treasurer, elerk, and register of deeds ; also that a sufficient amount of money be appropriated in erecting a jail and dwelling-house attached thereto, for the use of the jailer ; the offices to be completed by the 15th of Septem- ber, 1841, the jail and residence on or before October 15th of the same year." The Board of Commissioners convened Dec. 3, 1841, and awarded the contract for building the public offices and jail and jailer's residence to William II. Utley, he being the lowest responsible bidder. The con- traet price for the offices was four hundred and thirty-nine dollars, and for the jail and residence one thousand and sev- enty-eight dollars. The buildings were not completed at the specified time, and in March, 1842, Seth P. Marvin was appointed by the commissioners to attend to the completion of the jail. About the time of the appointment of S. P. Marvin, David Scott conveyed to Clinton County the parcel of land lying in the village of De Witt, bounded as follows : " Commencing at the southwest corner of the public square ; running thence east three chains ; thence north three chains ; thence west three chains; thence south three chains to the place of beginning ; also lot 366, in block 50, according to the plat of the village of De Witt, for purposes of the county buildings of said county, with the express under- standing that, should the present location of the county- site of said county be removed, the said county is to further remove from said lands any buildings belonging to said county at the time of the removal of said county-site, and

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COURTS AND OTHER COUNTY MATTERS.

the lands above described are to revert to the said David Scott and Clarissa Scott, their heirs, executors, administra- tors, and assigns, etc." This property was deeded in con- sideration of ten dollars. The deed bears date March 15, 1842, and is recorded in Liber B, page 49, in the register's office of Clinton County.

On the 5th of January, 1843, the committee on public buildings reported recommending the immediate occupation of the buildings, though they were not yet completed. The publie office building was erected on the publie square. It was about eighteen by thirty feet, and divided into two rooms, the elerk and register occupying one, the treasurer and judge of probate the other.

Prior to this time it appears the offices had been kept at different places, for on the day following the adoption of the committee's report bills were audited as follows: "To Milo HI. Turner,* $11.44, for rent for county offices. To Jesse F. Turner and Seth P. Marvin, $20 for rent for county of- fices." From this time the offices of the clerk, treasurer, and register were kept in this building until the removal of the county-site to the village of St. Johns. The old jail at De Witt was occupied until 1862.1 The rooms for the use of court, juries, and Board of Supervisors were rented of David Scott from 1839 to 1847. For the year 1843 the price paid was one hundred and fifty dollars, and one hundred dollars per annum was paid from 1844 to 1847 in- clusive. In October, 1847, the supervisors rented the school- house in district No. G for county purposes for fifty dollars per year, and continued to occupy it till 1855. From that time until the removal to St. Johns the courts were held in the following-named places : in 1855 in rooms rented from Chauncey Lott, for one hundred dollars per aunum ; in 1856 in rooms rented of C. M. Derbyshire, for seventy- five dollars per annum ; in 1857 in the Baptist church at De Witt. In October, 1851, the board resolved to build a court-house on the east half of the public square, in the village of De Witt.

The agitation of the removal of the county-site was com- menced by Mr. Palmer, who, in October, 1855, offered a resolution " That the county;site be removed to St. Johns." W. F. Jenison moved to amend by striking out the " vil- lage of St. Johns" and inserting the " centre of Muskrat Lake." Vote was taken, and both the amendment and original resolution were lost. At the January session the next year the subject was again brought up, and a resolu- tion was offered that two thousand dollars be appropriated to be used in connection with one thousand dollars sub- scribed by the citizens of De Witt for the building of a court-house on the public square belonging to the county. Another was offered that the county-site be located on the northwest quarter of section 5, in the township of Olive. A motion was also made to appropriate eight hundred dol- lars for building fire-proof offices at De Witt. These reso- lutions and the motion were all lost, and the question was postponed indefinitely. On the Ist of January, 1857, Mr.

Henry Moote offered a resolution to remove the county- site of Clinton County to the village of St. Johns, which was laid on the table. The next day Mr. Moote offered a substitute for his resolution of the day previous, as follows : " Whereas it is proposed to remove the county-site of Clin- ton County from the village of De Witt, in said county, where it is now located. Therefore we, the Board of Super- visors, resolve that the public square in the village of St. Johns, in said county, according to the recorded plat thereof, be and the same is hereby designated by said board as the place to which such proposed removal is to be made." The resolution was accepted as a substitute for Mr. Moote's original resolution. An amendment was offered by Mr. Hunter, viz. : " Provided that the inhabi- tants, or some one in their behalf, will make to Clinton County a good and sufficient deed for one and a half aeres of land for county buildings, on or before March, 1857, and secure to said county the sum of two thousand dollars towards the expense of the county buildings, to be paid on completion of the buildings." Mr. Rodgers offered an amendment to strike out all after the figures 1857. The amendments were carried, and Mr. Moote's resolution, as amended, was also adopted. At the evening session Mr. Moote offered a resolution to stand in connection with the others in reference to county-site: " That the day for hold- ing the next annual township-meeting shall be the day on which the electors of said county shall vote on such pro- posed removal ; and that the county clerk be authorized to notify the township clerks and to furnish three notices of the foregoing resolutions, to be posted in three public places in each township." In accordance with this action the question was submitted to the people at the annual town- ship-meeting, on the 6th of April, 1857, with the follow- ing result : For the removal, 1423; against the removal, 689. At the session in the autumn of that year Mr. Moote offered a preamble and resolution, as follows : " Whereas, the Board of Supervisors of the county of Clin- ton, by resolutions adopted Jan. 2, 1857, proposed to re- move the county-site of the county of Clinton and locate the same at the village of St. Johns; and whereas it appears that at a subsequent election a majority of the elec- tors of said county voted in favor of said removal and loca- tion ; therefore be it resolved, That the county-site of said county be and the same is hereby declared to be estab- lished at the said village of St. Johns, in accordance with said resolutions and the vote of the electors of said county thereon." The resolution was adopted, eleven to five, and under it the offices of the county were removed, in Decem- ber, 1857, to Plumstead Ilall, in the village of St. Johns. In 1858 a brick building, about twenty by twenty-five feet, was erected on the public square fronting on State Street. This building was occupied by the county officers from Jan. 19, 1859, until the completion of their present quar- ters in the court-house, when the offices were removed to that building. During the time intervening between the removal of the county-site to St. Johns and the completion of the present court-house, the courts were held first at Plumstead's llall until about 1861 ; then in Clinton Ilall, rented of George W. Stephenson, till 1869 ; next in New- ton's llall, which was occupied for about a year ; and finally

# Milo H. Turner tived on the south side of Looking-Glass River, in the village of New Albany.

+ During the years 1817, 1848, 1849 the jail was used by Ionia County for the confinement of its prisoners four hundred and seventy- four days, for which they paid thirty-three dollars,

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HISTORY OF CLINTON COUNTY, MICIIIGAN.

in a building owned by John Hicks, on Clinton Avenue, between Walker and Higham Streets.

On the 5th of January, 1869, a preamble and resolution was offered as follows : " Whereas, the village of St. Johns has provided for raising the five thousand dollars offered for construction of the court-house; therefore resolved, That the county of Clinton build a court-house on the public square, not to cost to exceed six mills on the dollar on the assessed valuation of the county, estimated from the corrected ag- gregate assessment of the county for the year 1868 ; three mills of the amount to be raised in 1869, and three mills in 1870. The question to be submitted to the eleetors at the annual meeting in April, 1869." This action was re- ferred to a committee, and on the next day a substitute was offered and accepted as follows : "That the proposition to raise the sum of twenty-five thousand dollars be submitted to the people in April, 1869, be raised by loan ; said loan payable in five annual payments." This last resolution was passed by a vote of twelve to two, and in the election that followed seventeen hundred and thirty-four votes were east in favor of building a court-house, and eleven hundred and seventy against it.

The following-named gentlemen were appointed as a building committee, with power to contraet for the erection of the court-house : William L. Ilicks, George R. IIunt, Benjamin F. Shepherd, David Clark, Moses Bartow, and John Ilicks. On the 12th of October, 1869, this com- mittee reported that they had adopted a plan similar to that of the court-house in Bay City, Mich., and that contracts were awarded for the construction of foundation-walls, to be completed in November, 1869. On the 18th of Decem- ber, 1869, proposals were opened by the committee for the construction of the court-house ; the lowest bid was twenty- four thousand dollars, which was not accepted, and work was commenced by the day, the committee taking charge. The building was finally completed, ready for use, in Octo- ber, 1871. The cost of the building, as reported Jan. 9, 1872, by John Hicks, chairman of committee, was thirty- five thousand three hundred and forty-four dollars and fifty- eight cents.

On the 10th of January, 1873, a special committee, who had been previously appointed to select a suitable site for a jail, reported and recommended the purchase of lots 1, 2, and 3, in block 20, in the village of St. Johns, for that pur- pose. The report was adopted, and the lots were purchased of John Turner for six hundred dollars, the deed bearing date Jan. 20, 1873. On the 5th of January, 1875, a reso- lution was passed by the board to submit a proposition to the electors to raise ten thousand dollars for the erection of a jail and sheriff's residence in the village of St. Johns. At the next annual town-meeting, in April, 1875, this question was submitted, with the following result: twelve hundred and ninety-two votes in favor and seven hundred and two against. In accordance with this decision the board con- vened on the 12th of May following, for the express pur- pose of transacting business pertaining to the erection of the jail. Two days and a half were occupied in electing a chairman. Forty-five formal ballots were taken before they succeeded in choosing a presiding officer. The last ballot resulted in the election of Eugene V. Chase as chairman.

Josiah Upton was then appointed to procure plans and specifications for a jail and residence not to exceed the sum of ten thousand dollars. After the accomplishment of this item of business the board adjourned. In the June follow- ing, plans presented by Mr. Hedden were accepted. John Ilicks, Josiah Upton, and Richard Moore were appointed a building committee, with power to advertise, receive pro- posals, and let the coutraet for building the jail, which was soon after commenced, and completed in October, 1876. On the 4th of January, 1877, the committee on building the jail reported as to the cost of jail and residence as fol- lows: total amount, ten thousand and fifteen dollars and fifty-three cents.

COUNTY POOR-HOUSE AND FARM.

The first official action taken in reference to the support of the county poor of Clinton is recorded in the proceed- ings of the county commissioners in October, 1839, at which time Grafton Webber, of Watertown, Thomas Fisk, of Bingham, and Franklin Oliver, of De Witt, were ap- pointed county superintendents of the poor for the ensning year. In the month of February following it was resolved to abolish the distinction of county and township poor, and that "all expenses hereafter incurred shall be a charge against the county." The first step towards providing a county farm for the poor was taken at a meeting of the Board of Supervisors on the 4th of January, 1844, when a resolution was offered that arrangements be made for the purchase of a farm for the maintenance of the poor. This resolution was laid on the table and finally rejected by the board, but at the annual session in the following autumn a committee to whom the report of the superintendents of the poor was referred recommended the purchase of a farm, and Supervisors Boughton, Pearl, and Taber were appointed a committee to examine the farm of William Utley and ascertain his priee. The committee reported, and after due consideration the farm was purchased for six hundred and sixty-one dollars and sixty-eight cents, the deed bear- ing date Nov. 1, 1844. Its location is in township 5 north, range 2 west (De Witt), and is the northwest quarter of the southwest quarter and the west half of the south fraction of the northwest quarter of seetion 9. The farm was rented to David Olin for one year from Jan. 1, 1845, for fifty dollars, and was sold to Jesse F. Turner for six hundred and sixty-one dollars and ninety-two cents on the 7th of October of the same year.

About ten years elapsed before further action was taken for the purchase of a farm. At the fall session of 1854, N. I. Daniels, of Watertown, moved " that a committee of three be appointed, whose duty it shall be to examine locations and receive proposals with a view to the purchase of a farul and the erection of a poor- house, and report to the board at the next meeting." Three days later Super- visors P'lowman, Estes, and Fitch were appointed such committee. On the 12th of October, 1855, Stephen Pearl, county treasurer, was authorized to advertise and receive proposals for the purchase of a farm of from eighty to one hundred acres. It does not appear that Mr. Pearl made a purchase, as on the 24th of Jannary, 1856, the committee appointed in 1854 reported in favor of purchasing one

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TIIE PROFESSIONS.

hundred acres of land of George W. Stoddard for fifteen hundred dollars, situated on the northwest quarter of see- tion 18, in the township of Olive. This report was adopted, and Stephen Pearl was appointed agent to ex- amine title and consummate the purchase. The deed is dated Jan. 25, 1856, and recorded on the 29th of January of the same year. At the January session in 1858 a communication was received from the superintendents of the poor, recommending an appropriation to erect a build- ing on the county poor-farm, which was referred to a special committee. There is no record of the appoint- ment of this committee, or of any report made upon the subject.

At the annual session in the autumu of 1859 it was de- eided to let the maintenance of the county paupers to the lowest bidder with good security. This method of sup- porting the poor was continued for several years.

At the January session in 1864 the offer of William Sickles to exchange lots 1 and 2 in block 13, in the village of St. Johns, for the county farm was accepted, and Charles Kipp was authorized to convey the title. This exchange, however, was not made, as it appears that on the 17th of December, 1867, Charles Kipp conveyed the farm owned by the county to Henry Lackey,-this conveyanee being in accordance with a resolution of the Board of Supervisors made Oet. 17, 1867, the farm having been sold ou contraet to Mr. Lackey in October, 1865. A committee was ap- pointed to report ou the necessity of purchasing a poor farm, which committee reported the next day, recommend- ing the purchase of a farm of one hundred aeres near the village of St. Johns. This report was approved, and on the next day the superintendents of the poor were anthor- ized to purchase a farm at a price not to exceed four thousand dollars. A farm was purchased of Iliram L. Lamb for three thousand five hundred dollars, the deed bearing date April S, 1867. It contains seventy-six and a half acres, forty of which are under cultivation, and in- cludes an orchard of one hundred and seventy-five fruit- trees. Its location is on the south half of the southeast quarter of section 18, in the township of Bingham. The superintendents of the poor were authorized to ereet a building not to exceed eighteen hundred dollars in cost, "to meet the demands of the unfortunates who. are in- trusted to their care." Under this authority a building was constructed in the summer of 1871, and another is being erected the present year to further accommodate the increasing demands of the county poor.

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History of Shiawassee and Clinton counties, Michigan, Part 81

Author: Ellis, Franklin, 1828-1885 Publication date: 1880 Publisher: Philadelphia, D.W. Ensign & co. Number of Pages: 716

Author: Ellis, Franklin, 1828-1885
Publication date: 1880
Publisher: Philadelphia, D.W. Ensign & co.
Number of Pages: 716