Past and present of Washtenaw County, Michigan, Part 72

Author: Beakes, Samuel W. (Samuel Willard), 1861-; S.J. Clarke Publishing Company
Publication date: 1906
Publisher: Chicago : The S. J. Clarke Publishing Co.
Number of Pages: 886


USA > Michigan > Washtenaw County > Past and present of Washtenaw County, Michigan > Part 72


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COUNTY COURT.


The first court established in Washtenaw county was that known as the county court. Its first session was held at the house of Erastus Priest, in the village of Ann Arbor. the third Monday in January, 1827, in conformity to an act of the territorial council, establishing the time and place for holding court in this county. Hon. Samuel W. Dexter, chief justice, and Hon. Oliver Whitmore, associate, appeared and con- stituted said court. David E. Lord was the clerk.


The following named answered to the call, and were sworn in as the first grand jury in Washte- naw county : Thomas Sacrider, Willard Hall, Jonathan Kirk, John Dix, Jonathan Ely. Josiah Rosencrants, Luke H. Whitmore, Henry Kimmel. Anthony Case, C. Osterhout. David Hardy. Isaac Hull, Samuel Camp, Alva Brown, Roswell Brit- ton, Levi Hiscock, Joseph H. Peck, Andrew Mc- Instry, Rufus Pomeroy, Levi B. Pratt, Jason Cross, E. W. Rumsey.


The Records of the clerk of the court state that "an appropriate charge was delivered to the jury, suitable to the occasion, by the chief justice."


O. D. Richardson was appointed by the court prosecuting attorney pro tem in the absence of B. F. H. Witherell, the regular prosecutor.


The first business transacted was the applica- tion of Nathan Thomas, John Allen and Jason Cross, for license to retail "strong or spirituous liquors," which ended the proceedings of the court for that day.


On Tuesday morning, on the assembling of the court, "Joseph W. Tong, O. D. Richardson and B. F. H. Witherell came forward and took the oath as attorneys and counsellors-at-law, in conformity to the rules of the court."


The venire issued to the sheriff for a petit jury was returned, and the following named persons answered to the call : Jonathan Train. Isaac Sines. William Eddy. Joseph Mayo, Thomas Chambers, Alexander Laverty, George W. Allen, Eldridge


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Gee, Isaac Powers, Samuel Higgins, J. W. Bird, James Pulling.


Mr. Witherell made a motion in favor of the admission of Elisha Belcher as an attorney and counsellor at this court, and after discussion it was decided that he was not eligible. The next proceedings are thus recorded by the clerk :


"John Allen made application through his at- torney for license to keep tavern. The court be- ing satisfied that said tavern was necessary for the accommodation of travelers, ordered a license to be issued, Cyrus Beckwith and Martin Davis having entered into a recognizance with him.


"By order of the court, Nathan Thomas was permitted to receive a tavern license, James Pul- ling and Isaac Powers having entered recogni- zance with him.


"Also by order of the court, Benjamin J. Woodruff was permitted to receive a tavern li- cense, William Eddy and Isaac Sines having en- tered into a recognizance with him.


"The following persons came forward and were sworn as witnesses to go before the grand jury: Martin Davis, Samuel Camp, David Hardy, Asa H. Reading, Samuel Higgins, Elisha Belcher, Erastus Priest, William Thrall, H. J. Burnham and Enos Ticknor."


A bill of indictment was found against Erastus Priest by the grand jury, for selling liquor in less quantities than one quart, without license therefor. The indictment was in the name of the United States. The court at once proceeded to try the case, the regular panel being accepted. B. F. H. Witherell appeared for the people and O. D. Richardson for the defendant. The fol- lowing is the indictment.


"Michigan Territory, County Court of the County of Washtenaw.


At the January term in the year of our Lord one thousand eight hundred and twenty-seven, the Grand Jurors of the United States of Amer- ica, enquiring in and for the body of the County of Washtenaw, aforesaid, upon their oaths pre- sent that Erastus Priest, late of the county of Washtenaw, aforesaid, yeoman, on the first day of January, in the year of our Lord one thou- sand eight hundred and twenty-seven, at Ann Arbor, in the County and Territory aforesaid,


and within the jurisdiction of the County Court of the County of Washtenaw, aforesaid, did then and there sell for money, rum and wine by less quantity than one quart; he, the said Erastus Priest, then and there not having a license or permit to keep a tavern, against the peace and dignity of the United States of America, and against the Statute of the Territory of Michigan in such cases made and provided.


B. F. H. Witherell,


District Attorney."


Nicholas Mallett, Alva Brown, Samuel Camp, Martin Davis, Asa H. Reading, Elisha Belcher and Enos Ticknor were witnesses on the part of the United States, and David Brown witness for defendant. The clerk in his record adds: "The case was advocated ably by the respective attor- neys. The jury retired about two hours and re- turned into court and said severally that the de- fendant was not guilty. A motion was made by the plaintiff's attorney that the prisoner be dis- charged ; accordingly the motion prevailed and he was discharged."


This was the only case tried at this term of court. The only other business transacted was action on the application of Rev. William Page for a license to celebrate the rites of matrimony. The court being satisfied the credentials of Mr. Page were proper, granted the license.


CIRCUIT COURT.


The Circuit Court of the County of Washtenaw -a court established by an act of the legislative council of the territory, approved April 13, 1827, and presided over by one of the judges of the su- preme court of the territory, held its first session in the county in November, 1829. It was pre- sided over by Hon. William Woodbridge. Its last session appears by the record to have been held in June, 1833.


By an act of the legislative council, approved April 15, 1833, the judges of the supreme court were relieved from holding the circuit courts, and a circuit judge appointed for that purpose. Hon. William A. Fletcher was appointed to this office, and held the circuit courts here from 1833 until the territorial courts were superseded by


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PAST AND PRESENT OF WASHTENAW COUNTY.


the judicial tribunals organized under the State Constitution. The same act, however, retained the old circuit organization, but changed its name to that of the Superior Circuit Court of the Terri- tory of Michigan, and confined its jurisdiction mainly to the decisions of questions of law. This court continued to hold its sessions in this county until the territorial government ceased.


The first court held in the county after the or- ganization of the state government, was the cir- cuit court for the county of Washtenaw. The circuit courts of the several counties in the state were, by statute, required to be held by one of the judges of the supreme court of the state, and to the circuit embracing Washtenaw, with several other counties. Hon. William A. Fletcher, who had been appointed chief justice of the supreme bench, was assigned as presiding judge. The first term of said court commenced here Novem- ber 8. 1836, and Judge Fletcher continued to hold terms until 1842, when he resigned the office. He was succeeded as presiding judge of this court by Hon. Alpheus Felch, who held his first term in the county in 1842, and continued to hold the terms until his resignation in November, 1845.


Judge Felch was succeeded by Hon. Warner Wing, who was appointed in November, 1845. and held the December term of the court in that year. but was soon after assigned to another cir- cuit. and was succeeded in the Washtenaw cir- cuit by Hon. George Miles, who was appointed in October. 1846, and held his first term here in December. 1846. He held the office until his death. He was succeeded by Hon. David John- son, of Jackson, who held the courts here, under his appointment as judge of the supreme court, until the adoption of the new constitution of 1850. and the organization of the courts as therein provided.


The judges under the state organization who have been named, were all judges of the supreme court of the state, but under the provisions of the constitution of 1850, and subsequent legislative action, the judges of the circuit courts were elec- ted in the several counties comprising the circuit to act as circuit judges only, and were not mem- bers of the supreme court of the state.


Hon. David Johnson was the first elected to


the office, and continued to hold the circuit courts for this county until the expiration of his term. His successor was Hon. Edwin Lawrence, who held the office from 1857 to 1869, when he was succeeded by Hon. Samuel Higby. Judge Higby held the terms until 1874, when he resigned, and Hon. Alexander D. Crane was appointed to fill the vacancy. He continued until 1876, when Hon. George M. Huntington was elected and served until 1882, when Hon. Chauncey Joslyn was elected. In 1888 Judge Edward D. Kinne was elected judge of the circuit, and has been re- elected ever since, his last election, in 1904, being by acclamation.


SUPREME COURT.


In addition to the courts already named. ses- sions of the supreme court were held here annu- ally, until the statute requiring it was repealed and the sessions discontinued. These terms were held by Hon. George Morrell, chief justice, and Justices Epaphroditus Ransom, Charles W. Whipple and Alpheus Felch.


CHANCERY COURT.


An independent court of chancery was estab- lished in 1836, and sessions were held in this county until the court was discontinued in 1847. Hon. Elon Farnsworth was the first chancellor, but resigned in March, 1842, and Hon. Randolph Manning was appointed in his place.


DISTRICT COURT.


A court denominated the District Court of the County of Washtenaw was organized under the act of the legislature, and Hon. Benjamin F. H. Witherell appointed judge. He held the first term of this court in Washtenaw county in April. 1843, and the last in March, 1846. when the court was discontinued by act of the legislature.


COUNTY COURTS.


By an act of the legislature, approved May 18. 1846, county courts were established in the sev- eral counties throughout the state, but the act


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PAST AND PRESENT OF WASHTENAW COUNTY.


was soon afterward repealed. Under this act Hon. Charles W. Lane was elected county judge for Washtenaw county, and held the office until his death. Hon. Edwin Lawrence was his suc- cessor, and held the terms of the court until it ceased to exist.


PROBATE COURT.


The probate court of the county of Washtenaw has existed from the first organization of the county. The judges of probate who have pre- sided in this court are as follows :


Bethuel Farrand, first judge of probate, was appointed in 1827, and held the first term of the court April 5th of the same year.


James Kingsley, elected in 1828 and re-elected in 1832, serving two terms.


Robert S. Wilson, elected in 1836.


George Sedgwick, elected in 1840.


Samnel P. Fuller, elected in 1844. Died before the expiration of his term.


Elias M. Skinner, appointed to fill the vacancy caused by the death of Judge Fuller.


Churchill H. Van Cleve, elected in 1848.


Chauncey Joslyn, elected in 1852.


B. F. Granger, elected in 1856.


Thomas Ninde, elected in 1860.


Hiram J. Beakes, elected in 1864. and re- elected in 1868.


Noah W. Cheever, elected in 1872.


William D. Harriman, elected in 1876, and re- elected in 1880 and 1884.


J. Willard Babbitt, elected in 1888, and re- elected in 1892.


H. Wirt Newkirk, elected in 1896.


Willis L. Watkins, elected in 1900.


Emery E. Leland, elected in 1904.


THE BAR OF THE PAST.


The bar of Washtenaw county has ever been a subject of pride among her citizens. Some of the best legal minds, fairest logicians and finest orators of the age have practiced before her courts, many of whom have claimed a residence in the county. In reviewing the history of the bar it must be borne in mind that as the prosperity and well- being of every community depends upon the


wise interpretation, as well as upon the judicious framing of its laws, it must follow that a record of the members of the bar, to whom these matters are generally relegated, must form no unimpor- tant chapter in the county's history. Upon a few principles of natural justice is erected the whole superstructure of civil law tending to relieve the wants and meet the desires of all alike. Where so many interests and counter interests are to be protected and adjusted, to the judiciary is pre- sented many interesting and complex problems. But change is everywhere imminent. The laws of yesterday do not meet the wants and necessi- ties of the people of to-day, for the old relations do not exist. New and satisfactory laws must be established. The discoveries in the arts and sci- ences, the inventions of new contrivances for la- bor, the enlargement of industrial pursuits, and the increase and development of commerce are without precedence, and the science of law must keep pace with them all ; nay, it must even fore- cast events and so frame its laws as will most ade- quately subserve the wants and provide for the necessities of the new conditions. Hence the lawyer is a man of the day. The exigencies he must meet are those of his own time. His capital is his ability and his individuality. He can not beqneath to his successors the characteristics that distinguished him, and at his going the very evi- dences of his work disappear. In compiling a history of the bar one is astonished at the small amount of material for a memoir of those who have been so intimately connected with and who exerted such influence on the country's welfare and progress. The peculiarities and personalities, which form so pleasing and interesting a part of the lives of the members of the bar, and which constitute the charm of local history, are alto- gether wanting. Unlike the fair plaintiff in Bar- dell vs. Pickwick, there has been no painstaking sergeant to relate "the facts and circumstances of the case." The court records furnish the facts of the existence of each individual member of the bar, but the circumstances surrounding and giv- ing interest to the events of his life and work are wanting.


The great prominence occupied in history by the bar of Washtenaw county is well known and


PAST AND PRESENT OF WASHTENAW COUNTY.


universally acknowledged. The names of Kings- ley. Mundy, Fletcher, Miles, Wilcoxen, Hawkins, Skinner, Fields, Danforth. Douglass, Walker, Sedgwick and others will always reflect credit upon the bar of this county.


Elisha Belcher came to the county in 1825, and practiced law in its courts for six or seven years, when he went further west. He was not consid- ered a brilliant lawyer. He was the first attorney in the county.


James Kingsley came to Ann Arbor in 1826. He was a fine speaker, good advocate and an honest man. The name of "Honest Jim" was worthily bestowed.


Gideon Wilcoxen came from Elbridge. New York, in 1827. He was a man of fine presence. an honest man, and considered the best attorney in the county at an early day. Before a jury he was almost irresistible.


Marcus Lane was another attorney of 1827 who settled in Ann Arbor, but afterward moved to Ypsilanti. Mr. Lane served in the legislature and was a member of the convention of assent to the new boundary line of the state.


George W. Jewett was from the state of Ohio, and settled in this county in 1829. His practice was not very extensive; and as a justice of the peace he attained more distinction than as an at- torney. He died in 1840.


Olney Hawkins came to Ann Arbor in 1832. from Detroit, where he studied law with Judge Witherell. He was a man of fine legal abilities and a man of influence in the community.


John Allen studied law with Judge Kings- ley and was admitted to the bar in 1832. He is well known as the first settler in Ann Arbor. When the California gold fever broke out, he emi- grated to that "land of promise" and there died.


Calvin Smith was also a student under Judge Kingsley, and was admitted to the bar in 1832. After being admitted to the bar he removed to Dexter, where he practiced his profession and served as justice of the peace. In 1835 he was elected a member of the legislature but died be- fore taking his seat.


Elias M. Skinner was the first attorney in Ypsi- lanti, and settled there in 1825. He was a good attorney, an honorable man, and was prosecuting attorney some years. He died in Ypsilanti.


Jonathan E. Fields was from Massachusetts. and was a brother of Judge Fields, of the United States Supreme Court. He settled in Ann Arbor in 1833, where he practiced his pro- fession a few years and then returned to his native state. He was an excellent lawyer.


Norton R. Ramsdell was a New York man who removed to Ann Arbor in 1835. In his native state he was a licensed preacher in the Methodist Episcopal church, but concluded that he was better adapted to the law than to the ministry, he pursued a course of study, was ad- mitted to the bar, and came west to practice. He was regarded by his colleagues as well as the community, as a good lawyer, one who ex- celled as an advocate. He died in Ann Arbor.


Robert S. Wilson came from Allegany county, New York, in 1835. He was a man of ability. and knew how to influence a jury. He was judge of probate in this county one term. In 1855 he removed to Chicago and afterward served many years as one of the police justices of that city. He died early in 1883.


George Miles was also from Allegany county. New York, and came to Ann Arbor about the same time. He was a lawyer of more than ordinary ability, well posted in every department of law, and died here in 1850, as one of the judges of the supreme court.


George Sedgwick came to Ann Arbor about the year 1835. He was a good lawyer and served as judge of probate in this county one term. He removed to Chicago in 186-, and died there some years after.


James M. Walker studied law with Judge Miles and was admitted to the bar in 1847. After practicing his profession for some years in Ann Arbor, he removed to Chicago, where he oc- cupied a leading position as an attorney. He died in January, 1877.


Samuel T. Douglass was a resident of Ann Arbor and a member of the Washtenaw county bar two years. Leaving Ann Arbor, he went to Detroit, and has since become one of the most noted lawyers in the state. After leaving. he often returned to try some important case in the courts of the county.


Justus Goodwin was a lawyer of some merit and practiced in the courts of this county at an


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PAST AND PRESENT OF WASHTENAW COUNTY.


early day. He was a member of the legislature for one term.


George Danforth came to Ann Arbor about the year 1835. His practice was not very ex- tensive, but he was a man full of wit and man- aged to keep all about him in good humor. He died here about the year 1856.


Origen Richardson was admitted to the bar at Ann Arbor. He removed to an adjoining county, but often returned and attended cases in the courts of this county. He has been lieutenant- governor of the state.


Among other members of the early bar was Sylvester Abel, an excellent man, of fair abili- ties as a lawyer, and who was honored with many public offices. Richard G. De Puy, a young man of good legal ability, an excellent advocate, and a loyal man, who gave his life for his country in the War of the Rebellion. Daniel S. Twitchell, a graduate of the university, and a man of more than ordinary ability ; Claudius B. Grant, a highly educated man of splendid ability who is now justice of the supreme court and who has been honored with many offices; John I. Thompson, an ex-postmaster of Ann Arbor, and a success- ful attorney of Milwaukee: Norvill E. Welch, A. V. McAlvey, Oliver W. Moore, Richard Bee- han, Calvin H. Chase, Caleb Clark, Edwin E. Clark, Thomas C. Cutler, Edwin Lawrence, Donald McIntyre, Ezra C. Seaman, John L. Tappan, C. H. Van Cleve, A. D. Stephens, M. D. Howard, George M. Danforth, Homer H. Fin- ley, William S. Palmer, H. W. Stevenson, John N. Jucas, J. M. Martin, John C. Greening, Sibley G. Taylor, Edwin Thompson, Edward L. May- nard. T. J. McDonnell, Charles D. Coleman, Erastus Thatcher, George Cummin, John W. Young, L. D. Godfrey, E. P. Pitkin, Robert P. Sinclair, B. T. O. Clark, Charles Holmes, Jr., Charles M. Woodruff, John Carpenter, P. M. Eaton, Seth E. Engle, D. O. Church, George U. Skinner, Walter A. Buckbee, Charles W. Lane, George Fuller, Thomas H. Marsh, Thomas L. Hunphreyville, Edward Mundy, Calvin Town- send, Levi Townsend, Isaac A. Holbrook, Julius C. Smith, Edward R. Chase, Edward Slawson, Grove Spencer, Amos W. Blodgett and Edwin F. Uhl.


THE BAR OF 1880.


All that has been said of the bar of the past can with equal propriety be said of the bar of 1880. It numbered among its members some of the best legal minds in the state, and, as a whole, ranked with any county of its size in Michigan. The oldest member of the bar in this county in 1880 was Elijah W. Morgan, who came here in 1829. and was admitted to prac- tice in the courts in 1832. Mr. Morgan was a well read man, of sound judgment, and was authority in all cases affecting the title to lands. He always gave some attention to the real-estate business. The following were the names of the attorneys doing business in the county in 1880, together with their place of residence :


Ann Arbor .- Hiram J. Beakes, John L. Bur- leigh, Byron W. Cheever, Noah W. Cheever, Charles D. Coleman, D. Cramer, Mr. Corbin, Frank Emerick, R. E. Frazer, Eugene K. Frue- auff, Mary E. Foster, Alpheus Felch, James B. Gott, John N. Gott, Bradley F. Granger, William D. Harriman, Henry R. Hill, Zina P. King, Ed- ward D. Kinne, A. W. Hamilton, Joel W. Hamil- ton, Edwin Lawrence, J. F. Lawrence, Patrick McKernan, A. McReynolds, James McMahon, Elijah W. Morgan, James H. Morris, O. L. Matthews, Frederick Pistorius, Tracy W. Root, A. J. Sawyer, J. C. Knowlton, John Q. A. Ses- sions, L. F. Wade, Henry C. Waldron, E. B. Gidley.


Ypsilanti .- E. P. Allen, J. W. Babbitt, D. C. Griffen, Albert Crane, S. M. Mccutcheon, D. B. Greene, Franklin Hinckley, Fred A. Hunt, C. Joslyn, C. R. Whitman, Thomas Ninde, Howard Stephenson, Clarence Tinker.


Chelsea .- William E. Depew, David B. Taylor, George W. Turnbull, Michael Lehman.


Derter .- Alexander D. Crane, James T. Honey, James S. Gorman.


Manchester .- A. E. Hewett, A. F. Freeman, Ezra B. Norris.


Saline .- William B. Gildart, Frank E. Jones.


THE BAR OF 1905.


.Ann Arbor .- John W. Bennett, S. W. Beakes,


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Philip Blum, Thomas Bogle, Arthur Brown, W. H. Butler. Martin J. Cavanaugh, William G. Doty, John L. Duffy, Eugene K. Frueauff, An- drew E. Gibson, William D. Harriman, H. H. Herbst. Frank E. Jones, T. D. Kearney, Zina P. King. Edward D. Kinne, Jerome C. Knowiton, John F. Lawrence. J. C. Lewis, Glen V. Milis, WV. H. Murray. E. D. Norris. H. W. Newkirk, Frederick Pistorius, W. S. Rainey, Andrew J. Sawyer. Andrew J. Sawyer. Jr., J. Q. A. Ses- sions, F. A. Stivers, C. T. Storm, G. W. Sam- ple. B. M. Thompson. W. W. Wedemeyer, Mrs. Mary Collins Whiting. Charles A. Ward.


Chelsea .- James S. Gorman, John Kalmbach, Bert B. Turnbull. A. W. Wilkinson, and H. D. Witherell.


Dexter .- James T. Honey.


Manchester .- A. F. Freeman, F. M. Freeman. A. J. Waters.


Milan .- George S. Wright and John F. Herley.


Ypsilanti .- E. P. Allen, John W. Brening, Lee N. Brown, Darwin C. Griffin, William B. Hatch, Frank Joslyn, John P. Kirk, William S. Putnam, Tracy L. Towner. Joseph W. Webb.


CHAPTER VIII.


THE WASHTENAW COUNTY MEDICAL SOCIETY.


The following history of the Washtenaw County Medical Society was read before that society in 1903 by Dr. William F. Breakey :


"The present society had its inception in a call for a meeting of the physicians of Ann Arbor and Ypsilanti, issued about the middle of June, 1866, which meeting was held in Ann Arbor the June 27th following, at which time this society was organized, or, perhaps. I should better say re-organized, as this was not the first medical organization in the county. Indeed Washtenaw was the first county in the state to establish a county medical society. The territorial society organized in 1819 had the authority conferred by the territorial government to grant and re- voke licenses to practice medicine, and to deter-


mine the qualifications of candidates for practice, and also fitness of medical students to enter upon the study of medicine. The territorial society likewise granted to licensed physicians in any county, on application, the right to form a local society. 'Thus-June 12. 1827 .- permission was granted Doctors Cyril Nichols, Rufus Pomeroy, William Kittredge and Daniel Low to form a Washtenaw county medical society.'


"I have an old time-worn folio paper given me after graduation in 1859 by Dr. Denton, who held the chair of theory and practice of medicine and pathology in the university from 1850 to 1860. It is entitled: 'Medical Ethics Compiled and Abridged by the Ann Arbor Association of Physi- cians from the Code Adopted by the National Medical Convention in 1847, Philadelphia.'


"The circular is made up of abstracts and quo- tations from the code of ethics, followed by a "Tariff of Pecuniary Acknowledgments" adopted by the association. This paper bears no date but it evidently was published between 1847 and 1851, as an item in the tariff reads : "Visits in the county after dark, or in the village after bed- time, double." Ann Arbor ceased being a village and became-by incorporation-a city in 1851.




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