USA > Michigan > St Joseph County > History of St. Joseph county, Michigan, with illustrations descriptive of its scenery, palatial residences, public buildings, fine blocks, and important manufactories > Part 9
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The constitution of 1850 vested the judicial power in one supreme court, circuit court, probate courts and justices of the peace.
Municipal courts can be provided by the legislature. For six years the supreme court was to be composed of the circuit judges of the State, after which the legislature was to provide for its organization with one chief and three associated justices, to be elected by the people for a term of eight years. The term of one judge expires every two years. The legislature obeyed this injunction in January, 1859. The circuit judges are elected for six years,
and their courts have original jurisdiction in all matters, civil or criminal, not excepted in the constitution nor prohibited by law, and appellate juris- diction from all inferior tribunals, and supervisory control of the same, and terms of this court are to be held in each organized county in the State. The probate courts have jurisdiction exclusive of all matters of wills, intes- tacies, minors, etc., and the judge thereof is elected for a term of four years. Justices of the peace have the same jurisdiction as under the old constitution, and each township is entitled to elect four of them to a constitutional term of four years, one term expiring each year.
In 1873 the legislature provided for a salary, not exceeding one thousand five hundred dollars per annum (in St. Joseph county it is one thousand two hundred dollars), to be paid out of the county treasury to the probate judges, in lieu of all fees, except such as are charged for exemplification of records and papers, and the drafting of petitions and bonds, thus making the most liberal provision for the settlement of estates of decedents of any of the sister States, for now, in Michigan, the poor can have their estates settled without the payment of costs of court, and the rich pay the salary of the judge by their taxes. Litigants, however, like all other luxurious livers, have to pay for their own pleasures.
The courts which now exercise jurisdiction over the people of St. Joseph county are as follows :
THE SUPREME COURT OF THE UNITED STATES .- Hon. Morrison R. Waite, Ohio, Chief Justice, with terms at Washington for each year.
THE UNITED STATES CIRCUIT COURT .- Hon. Halmer H. Emmons, Judge, Detroit.
THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN .- Hon. Solomon L. Withey, Judge ; John H. Standish, United States Attorney ; John Parker, United States Marshal; J. Davidson Burns, Kalamazoo, and H. E. Thompson, Grand Rapids, Registers in Bankruptcy.
The terms of this court are held on the third Mondays in May and Octo- ber, at Grand Rapids.
Samuel Post, United States Pension Agent, Detriot ; Levi T. Hull, Col- lector of Internal Revenue, second district, Constantine.
THE SUPREME COURT OF MICHIGAN .- Hon. Benjamin F. Graves, Chief Justice ; Thomas M. Cooley, James V. Campbell, and Isaac Martin, Asso- ciate Justices ; Andrew J. Smith, Attorney General.
The terms of this court are held at Lansing and Detroit.
THE CIRCUIT COURT OF ST. JOSEPH COUNTY is at present constituted as follows : Hon. E. W. Keightley, of Constantine, Judge ; John C. Joss, Clerk ; D. H. Hawley, Sheriff.
THE PROBATE COURT OF ST. JOSEPH COUNTY is held by Hon. W. H. Cross, Probate Judge, on the first Monday of every month ; but he is present in his office every other of the six working days in every week, so that the people are sure of a hearing whenever they may come.
The gentlemen who have been the presiding judges of the circuit court of St. Joseph county since the adoption of the constitution in 1835, are as fol- lows : Epaphroditus Ransom, from 1836 to 1848 ; Charles W. Whipple, from 1848 to 1854 : Nathaniel Bacon, 1856 to 1864 ; Perrin M. Smith, 1864 to 1866 ; R. W. Melendy, 1867 to 1869; Charles Upson, 1869 to 1873 ; Henry H. Coolidge, 1873 ; Edwin W. Keightley, from January, 1874, to the present time.
The judges of the county court and associate justices of the circuit court, from 1829 to 1853, when the new constitution abolished the office, were as follows : Luther Newton and John Sturgis were the first two, and received their appointment in 1829-Judge Wm. Meek taking Judge Newton's place in 1831. Hart L. Stewart took his seat on the bench with judges Meek and Sturgis at the December term, 1832; and in 1836 Judge Sturgis and Charles B. Fitch were elected. In 1840 Melancthon Judson and Isaac B. Dunkin were elected to preside with the circuit judge, and Judge Judson and James Parker were his side supports in 1844. In 1845 Nathan Osborn was chosen to fill a vacancy, and in 1846 Judge Osborn was elected county judge of the new county court, and Chauncey May second judge. In 1847 Cyrus Schellhous was elected second judge, and again in 1850, Wm. Savier being at the last date chosen as county judge. This was the last election of associate judges, the circuit-court commissioners taking their place, so far as their powers in vacation were concerned.
The judges of the probate court have been as follows : Dr. Hubbel Loomis the first one from January, 1830, to May, 1833, at which last date John S. Barry assumed the direction of mortuary settlements, and gave way to Digby V. Bell, May, 1835. Wm. Connor succeeded Judge Bell, September, 1836, and surrendered the dignity to Dr. Cyrus Ingerson in a year thereafter. Judge Ingerson held the position till his death in 1844,
COPY OF ORIGINAL-LETTER of GUARDIANSHIP to ISAAC TYLER OVER LUCY CODNER .
Granting of Michigan?
By the Hourroth Hubble Loomis Esq Sweg of probate of Hills and fer granting letters of Ad- ministrations on the state of persons dico having goods rebottles rights or credits in the country of Has the & Firstwy apensar and forguardians to minors &C appr To Trace Tylor of the county afin. gouling. 1 thomas applications hathlen made to have a guardian appointed fera menor of the age of Ten years by the name of Lucy Caamo and whenas A do appear that The Dawn was masary Trusting Shinfor anyone care and fidelity of 9 do by these presents apto you guardian to Lucy Cordner
Thatout Loomis april 12th 1980
Recordo Let A pag y.the Sender of Patate
FAC-SIMILE of ORIGINAL DOCUMENT-LETTER of ADMINISTRATION to ELIZABETH THURSTON.
Servitany of Michigan 289 Country of StJoseph
By the How Hubbil Lons Esq Study of the Probate of Hills aww forgranting Letters of Admin strations on the state of persons diecato, having gomes, chatlets, [PLAIN WAFER SEAL.] mighty on credits in the county of St Boschh within the Jerotary atentar To Elizabeth Thurston of the county afintas gutting Whereas amos Cadown of JO county dictons has while he lives I at the time of his decrase ganas , chattles , sights , on credits, in the county apensar lately diso cutestate whenly the power of committing administration and file disposition of all and Singularthe goods challles & condito of the Do Lenciasco ano aldo Hes having scamming & allowing the account of buch administration dothe appin tain anto me
Trusting therefore un your can and fidelity I do by then pres ents, count write your full power to administer ale año Singular The goods chattles sights and credits of the For crew, and rule and faithfully to
dispose of the Dawn according to Few, & also to ask gather Levy Recours & Lecrin all awd whatsoever, credits of the Doors which to him while he lind ano at the time of his death ano afapertava año to pay ale 20 bts into Which the Floor as. Sevor bown so far as his gavas, chattles might & creaits des Extent according to the value theroof
And to make a tree and profit mounting of all and singul on the goras chattles, rights & credits and to exibit this am into the Registry of the court of probation for the county afentais at enbetonthe tuabbiaday of June muset insuring and to theme der a plain awe tran account of your D Administration upan oath ator before the tung sinday of thank which will be in the year of our Lord one Thousand. right Human Thirty ow An Larhundy ordain, contitule
and appoint you Adminis untratrise of all on Singular the games, chattles rights aw andits afontain
In Jestemany wher of I have human to Set my have and deal of the Count of probate Latis at that Perów The twenty Se day of March in the year of four Tero are Thousand any hisherman and Thirty Mhubie Loomis with Ancusson Alist, Regwof Probate Jude of Probate
Office of the Register of County of Lashh March 268h 1830 Ración for 2000 March 26th,80 at 11 belack AuW aws Recesso in Liber A Pago.
of Yosabah Country of SEofhigh.
27
HISTORY OF ST. JOSEPH COUNTY, MICHIGAN.
and Benjamin Osgood was elected to fill the vacancy, as well as for the con- stitutional term. Judge Osgood was honored by the people's suffrages for three successive terms of four years each ; and then, January 1, 1857, Charles L. Miller came in for a single term, and was succeeded by Judge J. Eastman Johnson, who was also favored with three terms. Judge Johnson doffed the ermine in 1872, and Wm. H. Cross put it on, and still wears it most acceptably to the people, who testified their appreciation of his labors at the election of 1876, re-electing him by the largest majority of any can- didate on the successful ticket. The business has largely increased in this court during the last few years, until it has averaged during Judge Cross's present term over one hundred new estates per annum.
The first court of record ever held in St. Joseph county was a session of the probate court, held at the office of the register of probate, John W. Anderson, in White Pigeon village, on Friday, March 26, 1830, just five months after the county was organized. It was held by Dr. Hubbel Loomis, probate judge. The business transacted was the granting of letters of administra- tion to Elizabeth Thurston, on the estate of Amos Codnor, deceased, of which decedent the said administratrix was formerly the widow. Arba Heald and William Hunter were her security, under bonds of one thousand dollars. On Monday, April 12, Isaac Tyler was appointed guardian of Lucy Codnor, a minor heir of said Amos Codnor, deceased, under bonds of five hundred dollars. June 2, Samuel Hopkins, John Sturgis and Isaac J. Ulman were appointed commissioners to assign the dower of Elizabeth Thurston in the estate of said Codnor.
August 23, the first will was presented for probate in the county, which was that of John Baumdee, and a hearing set for September 6, at which time the same was proven and admitted to record, and Hart L. Stewart, Abraham Reichart and John Baer were appointed appraisers of the estate.
Judge John S. Barry was inducted into office in May, 1833, and his first order, entered on the 22d of the month, was relative to the appointment of Adna A. Hecox guardian of William Hecox.
The first probate court held in Centreville was on October 24, 1834, and orders were entered in the estates of William Johnson, Robinson S. Hazard, Amos Codnor, Rufus Downing and Ambrose S. Weeks, deceased. During Judge Barry's incumbency, courts were held alternately at Centreville and White Pigeon.
April 30, 1835, the official signature of Judge Barry is appended to the records of the court for the last time, on page 29, liber 1, and on the next page appears the bold sign-manual of Digby V. Bell. It was this position of judge of probate that gave Judge Bell his title, by which he was ever afterwards known.
THE CIRCUIT COURT OF ST. JOSEPH COUNTY held its first term, accord- ing to the order of the legislative council, August 17, 1830, at Savery's, in White Pigeon, with the following presence : Hon. William Woodbrige, cir- cuit judge ; Henry Chipman, associate ; E. B. Sherman, district attorney ; D. Page, clerk ; Daniel Murray, crier, and David Winchell, bailiff.
Neal McGaffey was admitted to practice before the court as an attorney, and a grand jury was impaneled as follows: Duncan R. Clark, foreman ; Edward A. Trumbull, Niles F. Smith, James Knapp, Asahel Savery, Reed Page, Leonard Cutler, Arba Heald, John Robbe, Orrin Rhoades, Jacob Lane, Lent Martin, Alfred Martin, Joseph Martin, Anderson Martin, Laban Keyes, Jeremiah Lawrence, Jr., and John W. Anderson. John Winchell, postmaster, and Dr. Loomis were excused from service. The grand jury re- turned a presentment of the southern boundary, which the clerk was ordered to copy for publication and presentation to the legislative council.
William Johnson, of Berwickshire, England, declared his intentions to become a citizen of the republic, and renounced his fealty to William IV. " by the grace of God " King of England. This was the first foreign-born resident admitted to citizenship in the county. The grand jury also found indictments against John Knapp and Thomas Bendure, but the indicted were not tried at this term.
The next term of court was held at the same place, August 16, 1831, by Judges Woodbridge and Sibley. A grand jury was impaneled, with John Winchell as foreman ; and a petit jury was also called, but there being no business for them to do, they were discharged. Several defaulting jurors were ordered to be respectfully cited to appear and show cause at next term why they were not in contempt. Knapp, who was indicted at the last term for an assault and battery, was fined twenty dollars and costs, and Bendure was discharged from his recognizance. The grand jury also found two indict- ments, and the court, after two days' session, adjourned, Isaac W. Willard being the clerk.
The third term of the court was held at the academy in White Pigeon, August 21, 1832, by Judges Sibley and Morell. Solomon McInterfer,
having assaulted a fellow-citizen, was indicted therefor, but, having satisfied the punishee, the punisher was allowed to depart the court on payment of costs; and Phineas Driskell, for the same offense and satisfaction, was treated similarly. Columbia Lancaster came into court as district attorney, and swore, by high heaven, to do his duty by the county in his official capa- city. Cyrus Lorell, John S. Barry, Cogswell K. Green and Alexander H. Redfield were examined by Wm. H. Welch, L. I. Daniels and E. B. Sher- man, touching their legal attainments, and, on the recommendation of the committee, the quartette were admitted to practice as attorneys. John Winchell, justice of the peace, returned a writ of certiorari not entirely to the satisfaction of the court, and was directed to try again, and be more ex- plicit in his answers and complete in his records, and fail not so to do on the first day of the next term of the court.
The next term of the court was held in Centreville, in the court-house, October 24, 1833, by Hon. W. A. Fletcher, circuit judge, and Wm. Meek and Hart L. Stewart, associates, with Isaac W. Willard, clerk, Isaac I. Ulman, foreman of grand jury, E, Taylor, sheriff. Five suits were dismissed, one continued, one indictment quashed and one nol. pros'd. Rules of prac- tice and pleadings were adopted, and George Woodward, a Yorkshireman, shook off the chains of kingly authority, and declared himself ready to become a republican. Two judgments were rendered by default for three hundred and eighty-four dollars and fifty-eight cents, and Isaac O. Adams obtained an order of sale on attachment against Frederick Tobey, levied on certain live-stock and produce.
At the next term, held April 29, 1834, there were judgments to the amount of fifty-five hundred dollars rendered, and nine jury-trials, one con- fession and ten defaults were had; and the first divorce-case made its ap- pearance on the docket, wherein Catharine Hecox complained plaintively of Adney A. Hecox, and the court ruled Adney to plead answer or demur to Catharine's complaint at the next term. Some infants-certain Phelps' heirs-were defaulted, and the bill of complaint filed against them taken as confessed.
At the October term Aurora Amulet Gilbert complained most bitterly of the cruel desertion of her by her lawfully-wedded husband and lord, David B. Gilbert, and meekly said if the court did not wish to take her unsupported statements they might inquire for themselves ; but the court evidently believed Aurora Amulet, for at the April term, 1835, they decreed that David should have Aurora as an " Amulet" no longer to charm away sorrow, and bade her resume her maiden name and single blessedness. At this last term Oliver Raymond, being found guilty under an indictment for selling liquor to Indians, moved an arrest of judgment because the in- dictment was indefinite-the name of the particular Mr. Lo not being given, nor the particular locality where the alleged infringement of the law had taken place. At the October term the plea was allowed. Three more subjects of William IV. refused longer to obey his mandate, and came into the fold of the republic. Five white men pleaded guilty to selling liquor to the Pottawatomies, and were fined five dollars and costs, and bid to go and sin no more, at the same price of condonement.
The October term of the circuit court was held by Hon. Epaphroditus Ransom, and Judge Connor, Judge Sturgis and Isaac G. Bailey were on the grand jury, and Columbia Lancaster was prosecuting attorney. The indict- ments which had hitherto-before ran in the name of the United States now appeared "in the name and by the authority of the good people of the State of Michigan." J. Eastman Johnson was admitted to practice.
In the October term, 1837, the first of the bank-suits appeared on the docket, and was brought to a hearing on a promissory note against Ralph Akers, wherein the interlocutory judgment, for want of a plea, was rendered absolute, and the damages assessed at six hundred and ten dollars and thir- teen cents. There was a little breeze of discord at this term which rippled the usually placid surface of the court. The prosecuting attorney, Lancas- ter, moved the court for a rule on the sheriff, E. H. Trumbull, to produce the bodies of Charles E. Harrison and Jonathan Vickers, indicted for lar- ceny and having counterfeit money in possession, respectively, before the bar of the court instanter; or in default, to be amerced in the sum of one hun- dred and two hundred dollars respectively ; and further, that the rule be made absolute. But the court did not wish to act peremptorily, and declined to enter the rule, whereupon the prosecutor declined any further service for the term, and J. Eastman Johnston was appointed in his stead, and at the next term he appeared as the regular appointee.
At the September term, 1838, Daniel Fulton, Jr., was indicted for exer- cising secular labor on the Sabbath, and also for resisting an officer who interfered with his exercise, but a jury of his neighbors said he was not. guilty of either charge.
28
HISTORY OF ST. JOSEPH COUNTY, MICHIGAN.
THE COUNTY COURT
held its first term at Savery's, in White Pigeon, December 7, 1830, Luther Newton and John Sturgis, judges; D. Page, clerk ; Daniel Murray, crier ; Jesse Baum, bailiff. A grand jury was impaneled of noted pioneers, as fol- lows : Hart L. Stewart, foreman, Ephraim Bearss, Sylvester Brockway, W. W. Bliss, Jason Thurston, Blakely Thurston, Alanson C. Stewart, I. J. Ullman, Wm. Hunter, Philander A. Paine, Nathaniel Syas, Joshua Gale, William Thomas, John McNeal, William Meek, Daniel Lyon, Jr., William G. Knaggs, William Stevens and Heriry M. Paine.
The jury indicted John Knapp for shooting a mare, and after one day in session the court adjourned. June 7, 1831, the court convened again at Savery's, Judges Meek and Sturgis presiding, and adjourned to the school- house (academy). Columbia Lancaster was admitted to practice as an attor- ney, Judge Meek's commission read, and the docket called. The United States vs. John Knapp, indictment for shooting "one mare, the property of Frederick Sedorus," was called, and the defendant pleaded not guilty, filed his affidavit of the absence of a material witness, and moved for a continu- ance. The court gave him postponement, conditional upon his furnishing bail in the sum of three hundred and fifty dollars in twenty minutes, and took a recess for that time; but on re-assembling, the defendant had failed to find any one sufficiently desirous to pay the forfeiture, or trust the honor of the prisoner, and therefore a jury of twelve good and lawful men was called to try the case, among them Arannah Phelps, Dr. Loomis, J. W. Coffinbury, and three of the Martin family. The prosecution called an array of witnesses, and the jury brought in a verdict of guilty as charged in the indictment, and the court sentenced the shooter to pay a fine of twenty dollars and costs into the county treasury, and one hun- dred and eighty dollars damages to the owner of the mare, being treble the animal's value, and to stand committed till the whole amount was paid, or he was otherwise discharged. The court established rates of ferriage at the grand traverse of the St. Joseph river (Mottville), and ordered a seal for the county, with the following device and inscription: "A sheaf of wheat, a merino sheep and a pair of scales;" and inscribed, "St. Joseph county seal."
The third term was held by the same judges, at the same place, in Decem- ber, 1831, with John W. Anderson as foreman of the grand jury ; David Clark, John S. Barry and Elias S. Swan were members also. The Rev. Reu- ben Sears produced his credentials as a Presbyterian minister in good stand- ing, and was allowed to celebrate marriages according to the laws of the terri- tory. Owing to the severity of the weather, the defaulting jurors were excused.
The first civil suit on the docket of the court, Joshua Gale versus George Whited, on appeal was "stricken from the docket, and the judgment below affirmed."
At the June term, 1832, Robert Wade, John Coats, William Barnard and Thomas Hobson made application for naturalization, but the same was continued.
In December, 1832, Hart S. Stewart took his seat with Judges Meek and Sturgis, and constituted a full bench. Eight delinquent jurors were ordered to purge themselves of their contempt at the next term of the court, but never had the opportunity to clear their reputations on that particular point, as the court was abolished that same winter. No jury trial was ever had in the court.
CHAPTER X.
LOCATION OF SEAT OF JUSTICE - BUILDING OF COUNTY JAIL -COURT- HOUSE-OFFICES-COUNTY POOR-FARM - ABSTRACT OF PROCEEDINGS BOARD OF SUPERVISORS AND COUNTY COMMISSIONERS-CHAIRMEN OF THE BOARD - PRESENT MEMBERS - REVENUE SYSTEM - ASSESSMENTS AND TAXES -STATE AND COUNTY EQUALIZATIONS - TREASURY RE- CEIPTS EARLY, AND LAST-POPULATION STATISTICS.
The temporary seat of justice for St. Joseph county was located at White Pigeon when the county was organized, November 4, 1829. In 1830, com- missioners were appointed by the governor to locate the county-seat, who reported in favor of its location on the plat of George Buck's village, on the present site of Lockport village-the proprietors, Mr. Buck and Jacob McEnterfer, donating certain lots on the public square and elsewhere to the county, in consideration of such location. This location was not satisfactory to many people of the county, and therefore, on March 4, 1831, before the governor issued his proclamation locating the county-seat in accordance with
the report of the commissioners, the legislative council set aside the report, and appointed a new commission to re-examine the proceedings in the prem- ises. The new commissioners were Thomas Rowland, Henry Desbrow and George A. O'Keefe, and they reported in favor of locating the county-seat at or near the geographical centre of the county, on the plat of Centreville, the proprietors of that village offering more liberal inducements in aid of the erection of public buildings than were offered elsewhere. On the 22d day of November, 1831, the governor issued his proclamation, in pursuance of the statute in such case made and provided, locating the county-seat at Centreville.
On May 24, 1832, the legislative council ordered the courts of the county to be held at the academy in White Pigeon, or such other suitable place in said village as could be procured by the sheriff, until such time as suitable accommodations should be procured at the county-seat. The county author- ities at once bestirred themselves, and on January 23, 1833, Governor Porter issued his proclamation directing the courts to be held at the court-house at the county-seat, and the county officials to take up their residence there. The first accommodations for the courts and officials at the county-seat were provided by the board of supervisors, by leasing an upper room in the first frame building erected in Centreville, the same being twenty by thirty feet long, and two stories high, located on the northwest corner of Main and Clark streets. The same building, enlarged, is still standing on the same spot, and is occupied by Mr. Gregory for a harness shop, below, and a Grange hall above. The building was put up in the fall of 1832 by Thomas W. Langley, who bought out the original proprietors of Centreville, and the building was subsequently bought from him by the county.
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