USA > Michigan > Newaygo County > Portrait and biographical album of Newaygo County, Michigan : containing portraits and biographical sketches of prominent and representative citizens of the county also containing a complete history of the county, from its earliest settlement to the present time > Part 56
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NEWAYGO COUNTY.
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as a pioneer Judge he performed a vast amount of labor and was an honor to the Bench.
The oldest practicing lawyer in Newaygo County is James Barton. In passing, it may be remarked that the name is connected with a little romance that is valuable as a matter of history. In the early records of England families were named from the places where they were born. Barton-upon-Irwell is the name of one of the oldest townships of England and is located in Lancastershire. The first aqueduct bridge constructed over a navigable river is in that county. It carries the Bridgewater Canal over the Irwell and is forty feet above it. The holy maid of Kent, a zealous friend of Queen Catherine, who tried to defeat the purpose of Henry Eighth in ob- taining a divorce from the Princess, was named Eliz- abeth Barton. Sir Walter Scott renders the name immortal by his account of three brothers, of whom the two oldest, John and Andrew, were noted marin- ers and were foully dealt with by the Portuguese in 1476. The king of that country, refusing reparation, James of England granted them letters of reprisal with permission to seize all Portuguese vessels until they made up their losses. It is related that Andrew, when mortally wounded in the shrouds of his vessel where he directed the conflict, called out : " Fight on, brave hearts. I am a little hurt and will rest; meantime, stand fast by St. Andrew's Cross," meaning the Scottish ensign. He continued to encourage his men with his whistle, but when the sound ceased and they went to him he was dead. His ship was the "Lim" and subsequently became the second man-of-war in the British navy.
To return : On his arrival in Newaygo County, James Barton commenced trying suits in justice courts, his main weapons being the Compiled Laws, Tiffany's Justice Guide, a powerful voice, sturdy sense, aptness of comparison and a way of not talking over the heads of the Court and jury. He was wont to commence his plea by stating the fact that he was only an humble follower of the plow. Col. Stand- ish replied to him on one occasion that from the way he had tried the pending case it would be well for the community if he should continue his humble pur- suit. But at that time both men were in learning and skill about equal. Barton had been Supervisor in Ionia County, and a pioneer in more than one place, and contact with frontier men had sharpened
his native wit and developed him intellectually. He became first Supervisor of Big Prairie and grew ex- pert as an exponent of all law pertaining to the as- sessment of property and levying of taxes. He took a deal of interest in posting new members in their duties and with the dignity of Chief-Justice Waite (whom he resembles) he soon became influential in the affairs of the county ; and, although not admitted to the Bar until several years later, his fame as a trial lawyer grew with the passing years. The justice court of G. E. G. Wonch, of Marengo Prairie, was in years gone by the scene of many a conflict between Barton and other attorneys. This prairie was the jumping off place for the dense pine districts far up the river. Two hotels graced the plain. In suminer the tired logger whiled away his hours of idleness playing poker or speculating in pine lands. Here, day after day, Barton appeared to contest some law- suit and did prevail upon the Court aforesaid to es- tablish the rule that custom on the Muskegon River constituted law; and that here money, although due over a year, did not draw interest. One pleasant day, when the violets were in bloom and the wild roses brightened the landscape along the route from Newaygo to Big Prairie, Judge Barton appeared in Court and, with Hon. William I. Cornwell, of Weeds- port, N. Y., a distingushed politician (also Canal Au- ditor and Appraiser of New York in 1843-4, and Senator from Cayuga County, when W. H. Seward was U. S. Senator), was examined and admitted as an attorney and counsellor at law. He had for- merly been intimately associated with Lucius Patter- son, of Ionia County, and adopted his advice to tyros in law, "Think and fight."
Barton's sturdy good sense has been invaluable to him.
A few miles west of Barton's residence is a region famed for its beautiful oak openings, sparkling brooks and lakes surrounded with high, bold shores, covered with scattering pines and abounding in fish. Here and there are marshes, where the settlers were won. to cut hay for winter use. These low lands at that period belonged to the U. S. Government. A settler, having cut a considerable quantity of this hay, was surprised, when he went to secure it, to find it had disappeared. One Peter Seaman was charged with the hay abstraction. He was tried and was defended by Barton, who took the Baconian position before the
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jury that, as the hay belonged to the Government and not to the plaintiff, the U. S. Marshal was any day liable to appear and seize the hay even from his client. "Just think of it, gentlemen of the jury! If your verdict to-day is adverse to my client he must pay for the hay now, and perhaps a few days hence lose it by seizure by the Government officer." This overpowered the jury, who promptiy rendered a ver- dict of "No cause for action." Under the spur of this decision others who had cut hay under the same circumstances made haste to put their spoils beyond the reach of Barton's possible clients and the U. S. officers.
In 1855 the slaughter of wolves in Newaygo County was fearful, the bounty of $8 per wolf proving a wonderful stimulus to the activity of impecunious ex- terminators. The slayer was required to submit to the Board of Supervisors a certificate signed by a Justice of the Peace, which set forth that a wolf's head had been presented to the latter, and that he had burned the ears thereon, etc .; and if the docu- ment was drawn in due form, the holder received a county order for the stipulated amount. The Super- visors grew restive under the continuous drain upon the treasury. Dr. John Tatman, who had recently arrived in Newaygo County, one day presented a certificate exhibiting his clainis as a wolf-slayer, in which there appeared a slight informality. There- upon a series of questions followed as to the manner in which the doctor had dispatched the wolf. The doctor answered that he set a trap, and he supposed the wolf got into it, because when he found his trap the wolf lay therein, dead. Supervisor Farman, of Brooks, raised the question as to whether the wolf did not kill himself, and Barton, as an expounder of the law, thought the point well-taken, and it was decided that the wolf committed suicide. This ter- minated the career of Dr. Tatman as a wolf- exterminator. (He is still living, at Mt. Vernon, Dakota ; and, as he was indisputably a character in the former days of Newaygo, a quotation is given from a private letter recently written by him, which is as characteristic as anything that can well be furnished. He says that he misses the excite- ment and adventures incident to pioneer life on the Michigan frontiers, and that the only recreation he has had of late is in driving out with Mrs. Sitting Bull, and hearing her relate the bloody adventures of
her husband and his braves in the "land of the Dakotas." But he had inadvertently deprived him- self of even this small solace, as during one of their drives she gave him a sample of the Indian war- whoop which signaled the destruction of Custer, and he went flying from the buggy. Mrs. Bull since takes her airings without the doughty doctor.)
After A. H. Giddings became Circuit Judge, a man named Coffin killed a man named Cook. They were acquaintances, and the assailant on meeting Cook one day instituted a quarrel, on the ground of derogatory remarks of hinself having been made by Cook. The latter denied the charge, but the irasci- ble Coffin continued the use of language which Cook resented, and advanced toward Coffin, who seized a hatchet and drove its blade into Cook's back, who fell, was carried to an adjoining house and soon died. Coffin was arraigned for murder and tried before Judge Giddings, who assigned to Barton the position of counsel for the prisoner. In the course of the trial, one Dr. R. M. Curtice testified that in the treatment of a deep cut into the human body, like that made by the prisoner upon Cook, he invariably used mus- tard plaster as a remedy, knowing experimentally that it would extract the inflammation from a wound six inches in depth. The doctor was called on to prove that the deceased came to his death from the direct result of the wound from the hatchet in the hands of Coffin. Barton passed the doctor without cross-examination, but in his address to the jury ex- terminated R. M. Curtice, M. D., in this wise :- "Gentlemen of the Jury .: Dr. Curtice is a very
amiable gentleman and of very generous instincts, one whom I have known many years, and our inter- course has always been pleasant. But not every amiable man is a skillful physician and surgeon. I was forcibly impressed by this fact when I heard the doctor testify. His statements reminded me of an incident that occurred when I resided in the State of Illinois. There was a man in our neighborhood who made and peddled an ointment, which when talking to an ignoramus he called "ointment antipodes." To others he called it "opposition ointment." It had remarkable properties, and was used in a remarkable way. If a man had a pain in his chest it must be applied to his back. If a person had severe experience from horseback-riding, it must be applied to the top of his head; and if his head ached, vice
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versa. I will pass the testimony of Dr. Curtice with- out further notice." The jury brought in a verdict of acquittal, much to the chagrin of the Court. During the plea of the counsel for the prisoner, some one remarked to Dr. Curtice that Barton was making a great effort. The disgusted doctor replied, "He is talking like a d-n foof, and I will lick him as soon as Court adjourns." That threat passed without ful- fillment, however. Judge Barton will live in the history and traditions of Newaygo long after he shall be gathered to his fathers. Dignity has become nature through long practice in positions of responsi- bility and trust. His stalwart dimensions, stentorian voice, Celtic wit, broad information and wide experi- ence with men and affairs, his infectious mirth and the gleam of latent fun in his keen, black eyes, brilliant yet and flashing with the same light that made them magnificent in his manhood's prime, render him the most striking, manly figure in Newaygo. He has been a power in the county, and the records of his administration of business will be a permanent epitaph, that will reflect honor and luster on his memory while they shall endure.
In 1871 there was living at Fremont Center a law- yer named Lillie. He was of fine personal pres- ence, tall, dark, with long, black hair, was a collegian, intellectual, and a former temperance lecturer, but at this time intemperate. He was a forcible speaker, had a keen sense of the ridiculous, and might have been a man of position and influence. His habits had separated him from his wife and child. To the latter he was tenderly attached, and carried her pic- ture constantly with him. But his unfortunate pro- clivity cost him all he had or might have been in the world, and he finally died alone in his office. Now and then in his business he showed traces of former power and made able pleas before a jury. In the year above named the celebrated trial of David Mosher vs. James Young was tried before Judge Giddings. E. L. Gray appeared as counsel for the plaintiff, and Lillie as the defendant's attorney. Mosher had secured the arrest of Young on the charge of assault and battery upon him, and claimed that by reason of the blows inflicted upon him by Young he had ringing sounds in his head, etc., and that he experienced excruciating pains in his temple, and that his happiness was thus destroyed for life. He insisted on having an old Indian doctor who had
attended him, as a medical expert, to testify to his condition, and this in spite of his attorney's remon- strance. The doctor said that the brain was divided into three parts-the frontal, base and apex, and that the ringing in the ears experienced by the plain- tiff, Mosher, must have been caused by a recent in jury. Lillie endeavored to impeach the plaintiff, and to secure that end introduced one Tennant as a wit- ness, who, in answering the usual question, stated that the reputation of Mosher among his neighbors for truth and veracity was bad, etc. Gray asked him to define "truth and veracity." The witness replied sharply : "I will; Truth is truth, and veracity is a falsehood." Gray rejoined : "Then the plaintiff must be a man of integrity." Finally the defendant, the Rev. James Young, took the stand, and pro- ceeded to relate his story. He was a large, pleasant man, with a good voice, aad his statements were de- liberately made in a tone of great solemnity. Mosher wore on the trial a pair of trousers which were made conspicuous by an immense white patch where such an appendage is earliest needed by persons of se- dentary habits, though Mosher was only an easy- going farmer. Young, addressing the jury, said : " Gentlemen, I was a soldier in the late war. I knew no fear then; neither do I now. I fought under the Stars and Stripes, and aided in maintaining the liber- ties you now enjoy. I am an old man now and was quite advanced in years when I enlisted, but I came from a military family and had to go to the front. After the war was ended I returned to my home near White River in this county. I met the plaintiff soon after. I said to him, 'Good morning, Brother Mosh- er.' He replied, ' Are you back again ? I was greatly in hopes you would never return, and it is a great pity you did.' I said (dropping the term brother) ; 'I cannot long stand Copperhead remarks like these you have uttered. I am a minister of the gospel, but having been in Libby Prison and well-nigh suf- fered death in the cause of my country, I am afraid the devil will soon take possession of me. But Mosher repeated his language, and I struck him on the side of his face with my bare hand and he went down on all fours. While he was in that position; that patch on his trousers hove in sight, and I could not resist the temptation to put my foot against it ; and I can assure you, gentlemen of the jury, that the sight of Brother Mosher rolling over and over, his
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revolutions being tallied by that patch, was a laugha- ble one, and you should have seen it. That was all I did, and I have prayed to be forgiven for that." The jury and audience were convulsed. Lillie made a terrific plea, but the jury felt compelled to render a small judgment for the plaintiff, and did so. This was the last case that Lillie ever argued in the Cir- cuit Court.
A volume would no more than do justice to the reminiscences of Newaygo County Bench and Bar in the palmy pioneer days. Such names as those given in this desultory sketch, and others just as worthy of note and which have left memories full of interest and affection, reflect a lustre on the pages of the county records second to nothing of similar scope or purpose in the Peninsular State.
ewaygo's
art in the Year
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HEN the boom of the great guns in Charleston harbor in the spring of 1861 went rolling across the continent, their echo penetrated every loyal heart in his country. They had scarcely ceased belching forth their iron missiles and our national ensign disgraced ere the patriotism of the sons of Newaygo County prompted them to rush to their country's defense.
The readiness with which the first call was filled, together with the embarrassments that surround- ed President Lincoln in the ab- sence of sufficient laws to author- ize him to meet the unexpected emergency, together with an under- estimate of the magnitude of the rebellion and a general belief that the war would not last more than three months, checked rather than 1 encouraged the patriotic ardor of the people. But
very few of the men, comparatively speaking, who volunteered in response to President Lincoln's call for 75,000 volunteers for three months, were accepted. But the time soon came when there was a place and a musket for every man. Call followed call in quick succession, until the number reached the grand total of 3,339,748, as follows :
April 16, 1861, for three months 75,000
May 4, 1861, for five years. 64,748
July, 1861, for three years 500,000 July 18, 1862, for three years 300,000 August 4, 1862, for nine months 300,000
June, 1863, for three years 300,000
October 17, 1863, for three years 300,000
February 18, 1864, for three years 500,000 July 10, 1864, for three years 200,000 July 16, 1864, for one, two and three years, 500,000
December 21, 1864, for three years. . .... 300,000
For four long years the organization of new com- panies and enlistment of men for old companies whose ranks had been decimated by disease and rebel bullets, was carried on. Gray-headed men, who had almost reached three score years and ten, and boys not yet out of their teens, went to the camp, and, through the most urgent solicitation,
NEWAYGO COUNTY.
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were accepted and sworn into the service. Neither age nor youth kept them back; and when rejected from either cause, or from physical inability, would insist on being received, believing themselves as capable of doing a soldier's duty as thousands who had gone before. Three hundred of as brave men as ever handled a musket or drew a sword went out from this county,-many, very many, never to re- turn. If you go with us to the battle-fields of the South we shall see how there fell at Stone River, Shiloh, Mission Ridge, Lookout Mountain, Chatta- nooga, Chickamauga, Atlanta, Vicksburg and other places, those who were the pride of fond fathers, loving mothers, and unselfish, devoted wives. We shall see them dropping off one by one, and often without coffin or burial shroud, thrown into the cold ground, there to await the resurrection morn, and the reunion upon the other side of the river of death. In many a honie throughout the county we find the vacant chair, and witness the mournful look of those ever watching for one that cometh not. Upon the streets, day by day, we meet those wearing sleeve- less garments, or walking in a way that tell too plainly that the sound of the foot-fall is not made by flesh and blood. Inquire the reason, and we shall prob- ably learn that while charging the enemies' lines at Vicksburg, Shiloh, or elsewhere, a cannon ball de- prived them of a limb. But no word of complaint do we hear; the only regret expressed being that it was not possible to do more for their country.
THE BEGINNING.
HE news of the opening of the civil war produced an instantaneous effect in Ne- waygo County. Volunteers stepped for- ward, funds and supplies were pledged, and while some were preparing for deeds, others were helping along the good cause by their moral support. Union meetings were held in various places in the county, one of the largest being held at Croton. This unanimity of Union sentiment at Croton was manifested by a pole-raising and the hoisting of the stars and stripes, April 18, 1861. This ceremony was performed amidst the booming
of cannon, the inspiring strains of martial music and the deafening cheers of the people, led by George Backart. Every one present,-men, women and children,-seemed fired by the spirit of patriotism.
Mr. J. Mills was chosen Chairman, and addressed the gathering, breathing sentiments of devotion to his country and the Union. Patriotic speeches were also made by Messrs. Barton, Dickinson, Maze, Spicer, Wood, Carpenter, Douglas, Armstrong, Tucker, Briggs, Horton and others. These were interspersed often with martial music, and patriotic songs sung by J. W. Carpenter. At the close of the speaking the following resolutions were adopted :
Resolved, That self-government 'is practicable ; and although, like all other forms of government, the republican government of America is subject to re- bellions, it is destined to live and prosper, as hereto- fore, the most noble government in the world.
Resolved, That civil war has been thrust upon us without provocation, that our national flag has in many instances been insulted, and that it is there- fore the duty of every American citizen to redress the wrongs long enough endured, by whatever means the exigency may demand.
Resolved, That the perpetuity of our free institu- tions depend upon the preservation of the Union, and that we will give efficient aid to put down any combination that may threaten its overthrow.
The Newaygo Republican reflected the general sentiment of the people. April 25, Mr. Maze used the following words in the editorial columns :
No period since the Revolutionary struggle has ever elicited or demanded the undivided support of every American citizen, as the present. Our arsenals and fortifications are seized, our treasury has been robbed, our mints and military stores have been stolen, our citizens have been mobbed and murdered for daring to express the doctrines of Washington and Jefferson ; our national flag has in every possible manner been trampled upon; the glorious stars and stripes under which Washington fought is torn asun- der by traitors, and the serpentine motto of rattle- snakes, crocodiles and pelicans reared in their stead. Shall we longer endure their outrages and insults ? Shall we longer allow the high-handed work of the rebels to disdain and dishonor our country ? Let the answer be, No, never. We appeal to you, young men; the country is in want of your service. Proud will ever be the man who can boast of having aided in redressing the wrongs so long endured. Proud indeed will be the position of the most humble sol- dier who shall aid in the suppression of the treason- able band that now threaten the overthrow of our Government. May it. be our province to record the names of a noble band from this valley. Let the
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glorious Muskegon not be lax in the service of its country, in this hour that tries men's souls.
Newaygo did more than talk. She sent forward her best blood, over a hundred volunteers in one year, and met every call made upon her for supplies and money. The Board of Supervisors made ample provision for the families of volunteers by establish- ing a relief fund. When the citizens declared for war, they intended to support the war to the end, and did not give up when it was found that crushing the rebellion was to be a work of years, not of months. The spirit of patriotism was just as high in the darkest days of the war as the first week after the firing on Sumter. July 31, 1862, a war meeting was held at Newaygo, with Sullivan Armstrong as Chairman and J. H. Maze as Secretary. Speeches were made by Capt. Thomas, of Grand Rapids, and Messrs. Howell, Gray, Standish, Maze and others, and the following resolutions were adopted :
Resolved, That we are unalterably opposed to any terms of conciliation or compromise with traitors under arms, and in hostility to the Government.
Resolved, That we are in favor of conducting the war upon the principle of punishing, not protecting the enemy, and for this purpose we hold that the enemy's property should pay the expenses, and every means known to the usages of civilized warfare em- ployed to cripple his energies and cripple the rebel- lion.
Resolved, That as a military necessity, for the preservation of the Union, the institution of slavery should be totally and forever abolished, and loyal men only compensated for the slaves.
Resolved, That we are opposed to employing our soldiersi n menial services that could be more profit- ably done by slaves.
ENROLLMENT AND ENLISTMENT.
HEN, in the summer of 1861, it was seen that a great war was really commenced, the Supervisors of Newaygo County, under authority, made a canvass, and reported the following as the number of men, by townships, liable to military duty :
Ashland 65 | Croton 50
Brooks .
96 |Dayton 33
Barton. 8 Ensley 23
Bridgeton 81 Everett 36
Big Prairie 48 | Fremont .
28
Total
468
The following year the enrollment was as follows : Ashland. 84 |Croton. 92
Brooks 123
Dayton. 68
Barton . I3
Ensley
30
Bridgeton. 79
Everett
25
Big Prairie. 48 Fremont 36
Total 598
But, in the meantime, that is, from the beginning of the war to Sept. 1, 1862, the enlistments numbered as follows: Ashland, 11 ; Brooks, 33 ; Barton, Day- ton and Bridgeton, 23; Big Prairie, 10; Croton, 34 ; Everett, 11; Ensley, 5; Fremont, 9; total, 136. During the whole war, Newaygo's contribution was about 300 men.
DRAFTS.
HE first calls of the President for troops found Newaygo County ready to fill its quota, but in the latter part of the war drafting was resorted to. Three drafts were made in all, though but one was of importance. The first came in the spring of 1864, and was made through a mistake on the part of the military authorities, the county having really filled its quota by enlistment. The second draft came off June 10, 1864. Six were taken from Fremont township, eleven from Ashland, eleven from Big Prairie, three from Ensley, two from Everett, and two from Dayton. The third draft was made in March, 1865, but those drawn were not needed, as Lee surrendered the fol- lowing month, and recruiting ceased.
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