History of St. Clair County, Michigan, containing an account of its settlement, growth, development and resources, its war record, biographical sketches, the whole preceded by a history of Michigan, Part 63

Author:
Publication date: 1883
Publisher: Chicago, A.T. Andreas & Co.
Number of Pages: 818

USA > Michigan > St Clair County > History of St. Clair County, Michigan, containing an account of its settlement, growth, development and resources, its war record, biographical sketches, the whole preceded by a history of Michigan > Part 63

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P. H. Phillips, of the firm of Atkinson, Stephenson & Phillips, was admitted in 1879.

P. A. Hurd, a native of Vermont, was admitted March 29, 1879.

William L. Jenks, born in St. Clair County, was admitted to bar October 1, 1879.

C. P. Conger, born at Port Huron, was admitted an attorney at law, at Washington, June 30, 1879.

Hiram Kimball, a native of West Randolph, Vt., was admitted June 26, 1880.

John M. Kane, born at Marine City, was admitted to bar December 24, 1880.

Thomas Wellman, a native of Port Huron, was admitted December 24, 1880.

Jerry W. Jenks, born at Port Huron, was admitted March. 19, 1881.

Arthur L. Sleeper, a native of Pontiac, was admitted February 13, 1882.

R. Harnden, born in New York State, was admitted July 14, 1879.

Oliver A. Ivers, born in St. Clair Township, was admitted October 2, 1880.

TRIAL OF ABBOTT FOR THE MURDER OF YOUNG.

A special sitting of the court was held at St. Clair, July 27, 1829, in conformity with an order of the Judges of the Supreme Court, dated July 13, 1829, granted on application of B. F. H. Witherell, District Attorney, to inquire into a murder said to have been perpetrated by two soldiers of the United States Army, then confined in the county jail. The Judges presid- ing were William Woodbridge and Solomon Sibley. The jury sworn comprised L. J. Brake- man, Jacob Peer, Jerry Marks, William Brown, George Palmer, Daniel Stewart, O. Record, James Robertson, D. Robertson, George Cottrell, Thomas Dait, Jacob Harson, Joseph Mini, Ant. Chortier, D. Cottrell. The witnesses summoned were E. P. Gardner, Harvey Henderson, William Hendricks, Silas Johnson, Allan Bills, Hugh McElroy, John Carlin, Hiram Owens, Ed Fletcher, John Clark, Jonathan Burtch, James Harrison, Andrew Lawrence, T. S. Starr and James Garrison in behalf of the United States. Dr. Zina Pitcher was summoned as witness in behalf of Thomas Abbott, one of the prisoners.

On July 28, George A. O'Keefe was appointed Prosecuting Attorney in this case, vice the absent Witherell. The indictment against Thomas Abbott, charging him with killing William Young, of Fort Gratiot, was read on July 29, to which Abbott pleaded not guilty. A motion by O'Keefe to continue the cause was set aside, and a petit jury sworn to try the case. The members of this jury were John Miller, Asel Abel, James H. Cook, Isaac Pulsifer, John Doran, James Hall, Samuel Ward, I. A. Pomeroy, John Yale, David Oakes, Ph. Wright and Charles Chortier. The prisoner challenged Clark Warden and John Thorn, who were set aside. The witnesses for the prosecution were then sworn, the jury placed in charge of Constables, and the court adjourned until the 30th. The jury heard the evidence and arguments on the 30th, and retiring in charge of Reuben Hamilton, found a verdict of not guilty, when Abbott was dis- charged.

TRIAL OF COLLINS FOR THE MURDER OF WORTHY.

The prisoner, William Collins, was then placed on trial for the murder of John Worthy, a soldier of the garrison of Fort Gratiot. He pleaded not guilty. The jurors were Jean Bte. Desnoyer, Isaac Pulsifer, John Miller, Frank Duchesne, D. Oakes, John Thorn, Joseph Buck- ley, Ph. Wright, Samuel Ward, Charles Chortier, John Doran and John Yale. Clark Warden and Reuben Dodge were challenged by the prisoner, and set aside. The witnesses for the Unit-

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ed States were Earl P. Gardner, William Hendricks, Hugh McElroy, Allan Bills, H. Owens, John Norman, -- Purdy, Sergt. John Clark and David Campbell. The jury having heard the evidence, retired in charge of Reuben Hamilton. On Friday, July 31, 1829, the jury re- turned the following verdict: " We find the prisoner at the bar, William Collins, not guilty of murder in the manner and form as charged in the indictment, but we do find him guilty of manslaughter." Collins was sentenced to eighteen months imprisonment in St. Clair County Jail, and to pay the costs of the prosecution.

JUDGES OF THE CIRCUIT.

Among the Territorial Judges who presided over the courts of this circuit were Wood- ward, Sibley, Woodbridge, Chipman, Wilkins. In later days, Judges Morell, Green, Dewey, Mitchell and Harris presided, the election of whom is referred to in the political history.

Sanford M. Green, formerly Judge of the St. Clair County Circuit Court, was born at Grafton, Rensselaer Co., N. Y., May 30, 1807. In 1837, he came to Michigan, and located lands where is now the village of Owosso. On the resignation of Judge Ransom in 1848, and the transfer of Judge Whipple, Mr. Green was appointed Circuit Judge of the Fourth Circuit. He resigned this position in 1867. In June, 1872, he was appointed Judge of the Eighteenth Circuit, to fill vacancy. In 1860, he published a hand book on the practice of the Circuit Courts, and took an active part in the revision of the statutes of Michigan. He also pub- lished a work on the highway laws of Michigan.

Edward W. Harris, born May 4, 1831, at Bradford, Orange Co., Vt. In 1837, he came to Michigan with his parents, who settled at Rochester, Oakland County. In due time, he attended the academy for several years. In 1854, he graduated at the State and National Law School at Poughkeepsie, N. Y., and in December of that year located at Port Huron. In 1855, he formed a partnership with O. D. Conger. In 1862, he was appointed Judge of Probate of St. Clair County, in place of Maj. Scarrett, resigned. In 1866, he was elected prosecuting attorney. In 1868, he was elected Judge of Probate, serving until 18.2. In 1873, he was appointed Judge of the Sixteenth Circuit, in place of Judge Mitchell, resigned, and in 1875 was elected to the same place without opposition.

A meeting of the bar of St. Clair County was held December 31, 1881, to take action in the matter of the retirement of Circuit Judge E. W. Harris, and the welcome to the incoming Judge, H. W. Stevens. Judge Mitchell presided. The lawyers O'Brien J. Atkinson, B. C. Farrand and George P. Voorheis were appointed a Committee on Resolutions. Messrs. Atkin- son, Chadwick, A. R. Avery, F. Whipple and Judge Mitchell delivered addresses.

REMINISCENCES OF THE BAR.

From the days of Counselors O'Keefe, O'Flynn and Wetherell to the present, the members of the legal circle of St. Clair have enjoyed a very fair fame, not only for ability, but also for the amount of merriment-concentrated fun-which has been at their disposal and liable to break forth at any moment and under any circumstance. The earnest drollery of the O'Keefe was balanced-held in check as it were-by the light-souled Wetherell and other young circuit lawyers of that day. Many of the doings of those pioneer lawyers have been referred to in the history of pioneer times; have even found mention in church history. Here it will be only necessary to review some of the sayings and doings of a few of these lawyers who were at the head of the St. Clair bar, while yet the legal circle of the county was unencumbered by the number of members from within, or the number of clients from without. This in itself is a matter of such interest that the work of writing or compiling such a sketch was undertaken and accomplished by a well-known lawyer of Detroit, who, in earlier years, was a member of the St. Clair County Bar, and from his paper the following is extracted: "The resignation of Judge Mitchell of Port Huron and his return to his practice recalls many incidents in the his- tory of the Bar of St. Clair County. We first became acquainted with that bar in 1857. At that time it was at its zenith, and Judge Mitchell was at its head. Others were more brill ant and far more happy in their manner, but none had his power and hidden resources.

"He was then, as he has continued to be since, a man of peculiar habits. Those who knew

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him little supposed him to lack industry and research. But they were mistaken. If he loitered while others worked, he worked while others slept; and few men brought to the trial of a case more actual work. As a speaker he lacked eloquence, but pressed his points forward in such an awkward way that it was very hard to turn them. He was in body as in mind. We recollect his coming into the gymnasium when a certain prominent hotel keeper, who prided himself on his knowledge of boxing, had the gloves on and was trying to get some one to act as victim to his scientific pummeling. 'Come and put on the gloves, Mitchell,' said he. The invitation was accepted, and the consequence was that an awkward blow from some direction unknown to the ring knocked Mr. Hotel Keeper down. He got up, and like Lincoln in his wrestling match when thrown, manfully declined to continue the struggle with any such awk- ward devil as that.' Just so in his cases. The blow came from strange quarters and at strange times, but it fell with a giant's power, and usually crushed his antagonist. And yet it must not be understood that Judge Mitchell is either awkward in mind or body. Indeed, there are few finer looking gentlemen. And could he get rid of something like sensitive bashful- ness, few could appear so well.

" His partner at the time we speak of was Harvey McAlpin, who died some years later by his own hand. Poor Harvey! The years that have passed since his untimely death have only added to the deep regrets it caused. He was a finished scholar, and an elegant and eloquent speaker, a brilliant conversationalist, a rare wit and an honest man. He had been but three years at the bar when he came to Port Huron in 1856 and stepped into the front ranks, where he more than held his own. He was attacked pretty sharply at first, but severely let alone after the first encounter. It was understood to be dangerous business to play with him. True P. Tucker was still in practice, though dissipation had deprived him of the great abilities he once pos. sessed. His greatness rested in tradition, and only gave flickering evidences of its existence. Gen. Cass once pronounced him the most promising young man in Michigan, and we doubt not the estimate was just. But whisky intervened and did its work. He was a wreck. He had an eye that looked a man down and a tongue that cut like Damascus steel. We recollect his argument in a case where he had sued his old friend, Jedediah Spalding, now also with the dead, for services in taking testimony before a referee. He charged him $5 per day. Three young lawyers were sworn as to the value of his services. Mr. H - put them at $3 per pay, and Mr. V- at $2.50. 'Your Honor,' said he, to 'Squire Minnie, 'Mr. H- swears his services are worth three dollars. Does that prove that a man is not worth five dollars? Mr. V -- says he would serve his client for $2.50 per day. So he might and his client would be a ' cheated man at that.'

"John S. Crellen, though advanced in life, was just beginning practice. He was a brill- iant orator, and an excellent lawyer. As an extempore speaker he had no equal then in that county and he has had none since. He could speak with force and interest upon any subject, and with little preparation. He too has crossed the river of mystery and solved the problem of the future.

"But the oddest chicken in the coop, if we may so speak, was the present member of Con- gress, the Hon. O. D. Conger. There was an idea current that in his youth he was a student, but it was so far back that the oldest inhabitant could not swear to it. He could give you more curious information than any one else, but where he got it was the mystery. He could tell the names and habits of all the birds in Michigan -could even tell you how to stuff their skins and preserve their beauty; was acquainted with the different kinds of timber and knew where they could be found, and a thousand other things which no one else ever learned. At the bar he trusted entirely to Providence. He never examined his cases-he would say the law ought to be so and so-but didn't pretend to tell how the courts had held it to be. His sound common sense, and a thorough knowledge and appreciation of the great foundation principles of the law usually kept him on the right track. Judge Mitchell cultivated the court; Judge Conger generally despised it, and looked hopefully to the twelve peers of the realm who were to decide the facts. The result was that judges usually treated him illy, and jurymen gave their verdict in his favor. As a jury lawyer-especially in his own county-he had elements of strength possessed by no other man in the State. He reads upon the faces of a jury the thoughts which are passing in their minds, and has a happy way of presenting his argument in a man-

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ner that will meet the peculiarities of each. Deacon Barnard, of Detroit, was once prosecuted for obstructing Mill Creek. He was defended by C. I. Walker, Daniel Goodwin and William T. Mitchell, all since judges. Conger was determined to convict him. One juryman sat stol- idly under his argument. He couldn't move him. The court adjourned for dinner. He in- quired who and what he was, and learned that he used to run logs upon some stream in Maine: that after being absent for some weeks, as the drive approached a certain turn in the stream, the raftsmen used to see their wives and children, waiting upon a distant eminence to catch the the first glimpse of them, and then, hurrying over the rapids, soon find themselves at home. After dinner, Conger described the scene-described the anxious impatience with which the father and husband hurried on over the shoals and rocks, and the joy with which he was greeted. A tear stood in the corner of the eye of the obstinate man, which the advocate alone understood. Then in fierce invective he described such a man as Deacon Barnard obstructing the stream, delaying the drive for days and weeks, standing, as it were, between the outstretched arms of the husband and his wife and preventing their embrace. There was a verdict of guilty that evening, which we believe the court set aside as being against the law and the evi- dence. He is great in repartee. Judge Mitchell was examining a witness one day and Conger wanted some questions repeated, which he said he didn't hear. 'I can't furnish you ears,' said

Mitchell. . Oh, is that so,' said Conger. 'I should think you could without injuring your family.' They were trying a replevin suit, brought by one Merchant against one Anger, for a calf. The testimony of five witnesses on each side showed that each family had a pet calf, marked exactly the same, and about the same age. One was Ruby and the other Rosa, and each was taught to shake its head when the children called it by name. It was proved that this calf shook its head when the young Merchants called it Ruby. This was in Judge Mitchell's favor, and he dwelt upon it as settling the controversy. Conger replied, 'It is true the calf answered to Ruby. The difference between the names Ruby and Rosa would be detected at once by his Honor (Judge Green), or by my friend Judge Mitchell, but it would be otherwise with a calf educated in the country.' Even Judge Green let himself smile."

A score of other names could be introduced, each bringing forward a pleasing memory. Lorenzo M. Mason, who came in 1837; Bethuel C. Farrand, a pioneer of the State since 1825, and one of the oldest, if not actually the senior member, of the St. Clair Bar; E. W. Harris, a lawyer of the circuit since 1837; William Grace, O'Brien J. Atkinson, and others whose names are mentioned in the roll of attorneys, had each an important place in the old law circle. It is scarcely time to pass in review the younger members of the bar. It cannot be doubted for a moment, that among them there is to be found intellectual excellence coupled with industry, both of which must win from the future their rewards. It is certain that the history of the profession within the country, could it be written, would exhibit many examples worthy of imitation, and also many which should be studied closely, only to be avoided.

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THE PRESS.

The Western Sun was the first newspaper published in the Indiana Territory, now compris- ing the four great States of Indiana, Illinois, Michigan and Wisconsin, and the second in all that country once known as the " Northwestern Territory." It was commenced at Vincennes in 1803, by Elihu Stout, of Kentucky, and first called the Indiana Gazette, and July 4, 1804, was changed to the Western Sun. Mr. Stout continued the paper until 1845, amid many discour- agements, when he was appointed Postmaster at the place.

William Mitchell, proprietor of the Detroit Mills, recently discovered among some old papers, a copy of the first issue of the first newspaper ever printed in Detroit. It is Volume I, No. 1 of the Michigan Essay, or The Impartial Observer, edited, as is well known, by the famous Father Richard, parish priest of St. Anne's Church, and Delegate in Congress from this Territory. It bears date August 31, 1809. It was announced to be pub- lished every Thursday, at $5 per annum. In size it was about half as large as a small four- page evening paper of the present day, contained four pages, each comprising four columns, and was printed in very large type. The news in it was mostly taken from Eastern papers of forty days earlier date, and brought up European affairs to June 11, or a date eighty days pre- vious. It was just at that time that Napoleon was crushing Austria and the Tyrol after the oc- cupation of Vienna. In the home news department is an account of the first manufacture of salt in West Virginia. The fourth page is filled with selections from the essayists, so much affected at that period. The only advertisements are those of the publisher, James M. Miller, who seems also to have been a book-seller, and one of the opening of the primary school of St. Anne's Church. Among the books advertised is " The Child's Spelling Book, or Michigan In- structor," price 25 cents. The editor of the Essay seems to have enjoyed a good sense of humor, as the following paragraph under the heading " Humorous " indicates:

"Count Tracey complaining to Foote that a man had ruined his character, 'So much the better,' replied the wit, 'for it was a d -- d bad one, and the sooner it was destroyed the more to your advantage.' "

La Journal du Chretien was published in 1811, and, in 1812, a large book, called "Epistles and Gospels for Sundays and Holidays." A printer named Coxshan succeeded Miller in busi- ness. In the summer of 1817, the first regular newspaper published in Michigan was started at Detroit. It was the successor of Rev. Gabriel Richard's magazine. It was called the De- troit Gazette, and was published by Messrs. Sheldon & Reed, two enterprising young men, the former of whom published an interesting sketch of the early history of Michigan. The Gazette existed until 1833, when the office was destroyed by fire.

The third was the Michigan Herald, Henry Chipman, editor. The Herald was established in 1825, and discontinued in 1829.

A paper was commenced in Monroe in 1825, by Edward D. Ellis, and called the Michigan Sentinel. It was a small paper, and was mostly filled with acts of the old Territorial Council and laws of Congress. This was probably the fourth paper in Michigan.

The fifth was the Northwestern Journal. This paper was published in Detroit by George L. Whitney. The first number made its appearance on Friday morning, November 20, 1829. The sixth was the Western Emigrant, published at Ann Arbor by Thomas Simpson. I think the first number was issued in December, 1829.

The seventh was the Monroe Inquirer, published at Monroe by John L. Green. The pros- pectus published in the Journal of November 20, 1829, says the Inquirer will be neatly printed on a super-royal sheet, the first number to issue in June next. The enterprise collapsed.

The ninth was the Oakland Chronicle, published at Pontiac, June 1, 1830, by Thomas Simpson, formerly of the Western Emigrant. In April, 1831, the Chronicle was sold to parties

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ir Detroit. The paper was then discontinued. I do not know which of these two last-men - tioned papers claim priority with regard to date of issue.

On the 19th of February, 1830, a temperance society was organized under the name of the Detroit Association for the Suppression of Intemperance. A resolution was adopted to have the proceedings published in the four newspapers of this Territory.

Those four papers must have been the Detroit Gazette and the Northwestern Journal, of Detroit, and the Western Emigrant, of Ann Arbor; the Michigan Inquirer to be published in the next June, may have been intended for the fourth. The Michigan Essay and the Michigan Herald had then passed out of existence.

The ninth was the Detroit Courier. The first number of this paper was issued December 23, 1830.

The tenth was the Democratic Free Press and Michigan Intelligencer. The first number was issued May 5, 1831.

The next paper in Monroe was started in 1834 by E. G. Morton, now of the Monroe Mon- itor, and called the Monroe Journal and Michigan Inquirer. The office was sold the same year to start what was called at the time the first paper in Pontiac, and. as a printer, Mr. Morton went to that place with E. J. Van Buren to assist him in arranging the office and commencing the paper. This article in the Monitor also says: "In the autumn of that year, we believe the Adrian Watchtower was commenced by Mr. Ingalls; but we very much doubt whether, in the spring of 1834, there was a paper in the Territory except in Detroit, St. Clair and Monroe."

The Michigan Herald, No. 1 of Volume I, was issued May 10, 1825. The last number in this file is dated August 29, 1827, and is Volume III. In this paper. under date of May 17, 1825, E. D. Ellis announces that he is about to commence the publication, at Monroe, of a pa- per to be called the Michigan Sentinel, and subsequently the receipt of the first copy of that paper is acknowledged. In the Herald of November 22. 1825. is the following advertisement. signed by E. D. Ellis: "The undersigned, editor and proprietor of this paper, respectfully suggests to merchants and others the propriety of extending to said establishment advertising and other patronage. As the Sentinel has a considerable circulation in Monroe and Wayne Counties, advertising patrons would have the advantage of its extension in both of these counties, and likewise into the counties of Lenawee and Oakland. It is hoped that the inde- pendent principles upon which this press has been established, and upon which alone it will ever depend for support, will insure to this establishment a moderate share of business."

There are about 275 newspapers and periodical publications in Michigan now, of all classes. Of these, 224 are published weekly, 17 daily and weekly, 2 daily, 7 semi-weekly, 1 tri-weekly, 4 semi-monthly, 19 monthly, 1 quarterly and 1 yearly; 112 are Republican. 46 Democratic, 73 independent and neutral, 14 religious and 15 miscellaneous. Among the latter are 2 Meth- odist, 7 Adventist (2 Dutch or Hollandisch), 1 Episcopal. 2 Catholic and 1 Baptist, 6 mining. 5 educational, 1 Masonic, 1 Odd Fellow, 1 Grange, 3 medical and 1 agricultural. Seven are printed in the German language, 6 in the Dutch, 1 in the Swedish and 1 in the Danish.

THE "ST. CLAIR WHIG."

The first newspaper published in the county was that by Messrs. Fay & Perry in 1834. It was printed on a press sent from Georgetown. S. C., by Mr. Fay, to Palmer Village, in 1833. After the inauguration of this journal, the projector returned to South Carolina, where he died within a few years, or about the time Michigan was admitted into the Union of States.

The Whig was issued December 1, 1834, at Palmer Village, now St. Clair, with T. M. Perry editor and publisher. This little political sheet continued in existence until 1836 or 1837, when the name was changed to the St. Clair Republican, with Mr. Perry as editor. The first St. Clair Republican was issued with comparative regularity for a few years, when all record of its being ceases.

THE PORT HURON OBSERVER.

This newspaper was inaugurated in 1837, with E. B. Harrington editor. When the enter- prise was originated. the following prospectus was issued :

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HISTORY OF ST. CLAIR COUNTY.

PROPOSALS FOR PUBLISHING AT HURON CITY, ST. CLAIR COUNTY, MICHIGAN, THIE

"LAKE HURON OBSERVER,"

A Weekly Paper of Imperial Size, at $2 Per Annum, Payable in Advance, $2.50 at the End of Six Months, or $3 at the End of the Year.

It is, perhaps, unnecessary here to enter into detail of the causes or circumstances which have led to the establishment of a new paper in this county, or to discuss the merits or demerits of the paper already estab- lished. Suffice it to say, the growing importance of the county, and the interests of its inhabitants, seem to require a public journal through whose columns a fair expression of the opinion of the people in different sections of the county can be had, upon all political and other questions of general importance; such is intended to be the character of the Observer. Although decidedly a DEMOCRATIC Journal, its columns will always be open for the discussion of important political questions, whether of general or local interest, when such discussions are couched in candid and decorous language.

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History of St. Clair County, Michigan, containing an account of its settlement, growth, development and resources, its war record, biographical sketches, the whole preceded by a history of Michigan, Part 63

Author: Publication date: 1883 Publisher: Chicago, A.T. Andreas & Co. Number of Pages: 818

Author:
Publication date: 1883
Publisher: Chicago, A.T. Andreas & Co.
Number of Pages: 818