The history of Detroit and Michigan; or, The metropolis illustrated; a chronological cyclopedia of the past and present, Vol I, Part 42

Author: Farmer, Silas, 1839-1902
Publication date: 1889
Publisher: Detroit, S. Farmer & co
Number of Pages: 1096

USA > Michigan > Wayne County > Detroit > The history of Detroit and Michigan; or, The metropolis illustrated; a chronological cyclopedia of the past and present, Vol I > Part 42

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193

CIRCUIT COURTS.

has been made in the territory embraced in this circuit.

By law of March 26, 1836, in addition to the regu- larly appointed circuit judge, who acted as chief justice, two judges were to be elected for each cir- cuit, to serve as associate judges. They were to be elected at the general election for terms of four years, and to receive three dollars per day, and mile- age at the rate of three dollars for each twenty miles traveled in going to or from sessions of the court. By Revised Statutes of 1846 these two judges were discontinued.

By Constitution of 1850 one circuit judge was to be elected on the first Monday of April, 1851, and every sixth year thereafter.

In anticipation of an amendment to the constitu- tion, which would allow of its being done, an Act of June 10, 1881, provided for three judges of the Cir- cuit Court for the third circuit, who were to appor- tion the business among themselves. After the passage of this law and of the amendment, the Circuit Court-Room, in the City Hall, was divided into two rooms, and one of the jury-rooms appro- priated for a third court-room, and on January 2, 1882, the three new courts began. Under the law Wm. Jennison and John J. Speed were appointed by the governor to sit with Judge Chambers as cir- cuit judges. The Act of 1881 provided that the State should pay $1,500 to each as part of the salary, and that the county might increase the amount to $4,000. Accordingly the Board of Auditors, in October, 1881, resolved that for the year 1882 the sum of $1,500 should be paid in addition to the State salary, and in 1882 they fixed the additional salary for 1883 at $2,000. Under Act of March, 9, 1887, there are now four judges, and the salary is $4,000 per year.

Since Act of March 26, 1869, an official reporter has been connected with the court ; he is appointed by the governor, and paid an annual salary of $2,000.

By law of March 26, 1836, the sessions of the Circuit Court, including Wayne County, were to begin on the first Monday of April and October. On July 26 of the same year the time was changed to the third Tuesday of May and November. By Revised Statutes of 1838 the court sessions were to begin on the fourth Tuesday of April, August, and December. On February 8, 1839, the August Term was abolished, and a law of April 19 of the same year, provided that sessions should begin on the fourth Tuesday of April and first Tuesday after second Monday of November. By Act of March 25, 1840, sessions were to be held in Wayne County beginning on the first Tuesday of May, and also on the second Tuesday after the first Monday in No- vember. By Revised Statutes of 1846, the circuit

judges were to fix the time of terms for 1846, and for every two years thereafter ; since then the terms have ranged all through the calendar.

In 1883 terms began on the first Monday of Jan- uary, March, May, and November, and third Mon- day of September.

Formerly the Circuit Court jurors were selected by the township supervisors and town clerk and by the assessor and aldermen of Detroit, from among tax-payers, not less than one person for every one hundred persons being selected, nor more than four hundred in all, one half as petit, and one half as grand jurors. Under law of May 6, 1887, lists of jurors are selected by a board of eleven jury commissioners, appointed by the governor, eight of whom must reside in Detroit, and three outside of the city and within the county. The commissioners receive no compensation except mileage, at the rate of ten cents per mile for going to and returning from meetings of the board. It is the duty of the com- missioners to divide the city territory among the city members, and the country territory among the other members, and to apportion according to the popu- lation of each district the number of names that each commissioner is to select. The names for jurors are selected from among the electors of each district, and must be persons of good character, approved integrity and sound judgment, capable of speaking the English language, and not infirm. The names are filed with the secretary of the com- mission, and after approval by the board as a whole, are filed in the office by the county clerk. A list of three hundred persons is returned to serve as petit jurors, and of one hundred and fifty persons to serve as grand jurors. The county clerk copies all the names on slips of paper, and puts them in a box. In drawing a jury, he takes out not less than twenty-four names, and as many more as the court may direct. Jurors are paid $2.50 per day and mileage at the rate of ten cents per mile,

Under territorial rule, sessions of the court were held at the old Council House and in the Capitol. The State Court met in the City Hall, from 1836 to 1844, and for one year in the Williams Build- ing on the corner of Jefferson Avenue and Bates Street. The county then erected the building on the southeast corner of Griswold and Congress Streets; the county offices were located in the first story, and a court-room was provided above. The building had a frontage of thirty-two feet on Gris- wold Street, and eighty feet on Congress. It was completed on Monday, June 9, 1845, and delivered over by the contractors to the county auditors, and at ten o'clock of that day the District Court for the County commenced its sessions therein. Previous to the opening of the court, at a meeting of the

194

DISTRICT CRIMINAL COURT.

members of the Bar, A. W. Buel, prosecuting attor- ney, offered the following resolution, which was unanimously adopted :

Resolved, that the thanks of the Bar of Detroit be tendered to Messrs. Wm. B, Hunt and John Farrar, the committee appointed to superintend the construction of the new Court House of this' county, and also to Messrs. Henry E. Perry and Charles Jackson, contractors and builders, for its tasteful and commodious arrange- ment, neatness, and simplicity of style, and its permanent and substantial character as a public and fireproof building.

The building was used for the sessions of the District, County, and Circuit Courts, until the com- pletion of the new City Hall. The march of im- provement left the building in the rear, and it was sold to private parties, who tore it down. On May 31, 1871, the Bar of the city held their last and

COBYRIGHT:1899, BY, SILAS FARMER.

FORMER COUNTY BUILDING, SOUTH EAST CORNER GRISWOLD AND CONGRESS STREETS.

commemorative meeting within its walls, and a sup- per was served. The work of tearing down the building was commenced on June 14, 1871.

The judges of the Circuit Court have been as follows : 1837-1844, George Morell ; 1844-1847, D. Goodwin ; 1847-1851, W. Wing ; 1851-1857, S. T.

Douglass; 1857-1867, B. F. H. Witherell; 1867 and 1868, C. I. Walker ; 1869, H. B. Brown ; 1870-1876, Jared Patchin; 1876 to November 1, 1879, C. J. Reilly; November 1, 1879 to 1882, F. H. Chambers; 1882 to 1887, F. H. Chambers, J. J. Speed, Wm. Jennison ; 1887, J. J. Speed, Wm. Jennison, F. H. Chambers, Wm. Look; 1888- , George Gartner, C. J. Reilly, G. S. Hosmer, H. N. Brevoort.

The associate judges of the Circuit Court were: 1837-1841, Cyrus Howard, Charles Moran; 1841, R. T. Elliott, Eli Bradshaw ; 1842-1845, Eli Brad- Shaw, Ebenezer Farnsworth; 1845-1847, J. H. Bagg, J. Gunning.

By Act of 1836 the judges of Circuit Courts appointed the clerks of the Circuit Courts, but by the Constitution of 1850 the county clerk became clerk of the court.

The following persons served as clerks of the First Circuit prior to 1850: 1836, John Winder; 1837-1841, Charles Peltier ; 1841-1843, Theodore Williams ; 1843-1845, Geo. R. Griswold; 1845 and 1846, A. Ten Eyck; 1847 and 1848, D. C. Hol- brook; 1849 and 1850, Silas A. Bagg.

DISTRICT CRIMINAL COURT.

This court, established by law of February 27, 1840, for Wayne County only, was created solely to try criminal cases. The judge was appointed by the governor, and the associate judges of Circuit Courts were to sit as associates. Four terms were held yearly, beginning on the first Tuesday of March, June, September, and December. It was abolished by Act of March 9, 1843, and a new law passed, providing District Criminal Courts for the State; Wayne, Oakland, Washtenaw, and Jackson Counties forming a district. B. F. H. Witherell was judge of this district during the existence of these courts, which were abolished by Act of April 3, 1848, the exclusive jurisdiction of criminal cases being then given to the county courts.

4 14

CHAPTER XXXIII.

MAYOR'S COURT .- RECORDER'S COURT .- POLICE COURT .- SUPERIOR COURT .- COMMISSIONERS .- JUSTICES .- NOTARIES .- LAWYERS .- DETROIT BAR LIBRARY.

MAYOR'S COURT.

The city charter of August 5, 1824, provided that the mayor, recorder, and aldermen, or any three of them, might hold a court to try offences against city laws and ordinances, and gave them the power of justices of the peace. The court was to be held on the second Monday of each month, and to continue three days. In later years sessions were held at such times as the council agreed upon, and two of the aldermen were designated, from time to time, to sit with the mayor. Many times the sessions were little more than a farce. The court would fine or imprison, and the parties sentenced would petition the Common Council, and be released, or have their fines remitted.

On June 24, 1820, John Van Alter, confined in jail for riotous conduct, was released on giving his note for five dollars and thirty-seven cents, amount of costs and charges "payable to supervisor " in labor for use of the corporation.

An amendment to the charter of the city, on June 29, 1832, gave the council power to compel convicts to work on the streets, with ball and chain attached. In August, 1836, several prisoners escaped while thus laboring, and on August 19, 1837, the practice was ordered discontinued. Two years later, on June 18, 1839, the street commissioner was authorized to employ persons in jail, under sentence, to work on streets, and they were to be credited the usual prices for labor, their earnings to be applied to the pay- ment of their fines and costs. As late as 1843 pris- oners were so employed.

In 1857 the court was superseded by the Re- corder's Court.

RECORDER'S COURT.

The office of recorder was created by the charter of 1824. The incumbent was to perform the duties of the mayor, in case of his absence, sickness, or death. By law of 1846 the mayor was to preside over the Mayor's Court only when the recorder was unable to do so, and from that date the office of recorder was chiefly judicial. Up to 1849 the ap- pointments were made by the council, but after that date the office was elective.

The following persons served as recorders :

1824 and 1825, A. G. Whitney ; 1826, J. Kearsley ; 1827, E. P. Hastings; 1828, B. F. H. Witherell ; 1829, Joseph Torrey; 1830, A. S. Porter; 1831, H. S. Cole; 1832 and 1833, E. A. Brush ; 1834, A. S. Porter; 1835, H. Chipman; 1836, A. D. Fraser; 1837, Ross Wilkins; 1838, E. A. Brush; 1839, A. D. Fraser ; 1840 and 1842, B. F. H. Witherell; 1843, E. S. Lee; 1844, A. S. Williams; 1845-1848, E. A. Brush: 1848, J. F. Joy ; 1849, M. J. Bacon; 1850, D. E. Harbaugh; 1851 and 1852, J. H. Bagg; 1853, G. V. N. Lothrop; 1854, W. A. Cook; 1855- 1858, H. A. Morrow.

By the almost entirely new charter of February 5, 1857, the Recorder's Court took the place of the Mayor's Court, with jurisdiction in all cases of offences against the provisions of the city charter and ordinances, and in all cases of criminal offences against State law committed in Detroit, over which the police justice had not jurisdiction; also jurisdic- tion in all matters pertaining to the opening of streets and alleys, with some other special powers. The law creating this court took effect on Janu- ary 13, 1858, but the first session of the court was not held until February I following. Sessions of this court have always been held in the City Hall. By Act of March 12, 1861, the judge was to be elected every six years. Act of April 4, 1873, provided for the employment of a stenographer, and a subsequent Act of March 26, 1875, defined fully his powers, duties, and salary. Originally elected at the annual city election, under Act of February 18, 1875, the election of judge of the Recorder's Court takes place on the first Monday of April. The salary of the recorder is $4,000, part of which is paid by the State, as many offences against State law come before this court. The clerk and deputy clerk of the court are appointed by the judge for terms of six years. Lists of three hun- dred jurors for this court are yearly selected by jury commissioners, in the same way as for the Circuit Court; slips with the names are then placed in a jury-box, and the clerk, in presence of the judge and sheriff, under a standing order from the judge, draws out fifty names of petit jurors for each of the twelve

[195.]

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POLICE COURT .- SUPERIOR COURT.

terms; out of these, on account of numerous exemp- tions, only a sufficient number of jurors is obtained. The lists of jurors for street-opening cases are se- lected by the assessors, clerk of the court, and sheriff from among the freeholders; three hundred names being selected, the jurors are drawn in the same way as for other cases. Jurors' fees in this court are $2 per day.

The judges of Recorder's Court have been : From January 13, 1858, to August 18, 1862, Henry A. Morrow; August 18, 1862, to January 16, 1864, B. F. H. Witherell, acting judge ; January 16, 1864, to May 16, 1864, Benjamin F. Hyde ; May 16, 1864, to November 19, 1866, B. F. H. Witherell, acting judge ; November 19, 1866, to , George S. Swift.

The clerks have been as follows: 1858-1860, Henry Starkey ; 1860-1864, F. W. Hughes ; 1864- 1874, J. T. Meldrum; 1874-1877, A. I. McLeod ; 1877- , George H. Lesher. Deputy clerks : 1873-1877, George H. Lesher ; 1877- , Charles R. Bagg.

POLICE COURT.

This court was established by Act of April 2, 1850, and is held daily. In case of any violation of State law committed in Detroit in which a justice of the peace would have jurisdiction, the police justice has power to conduct the examination, and dis- charge, or bind over to the Recorder's Court ; he has also jurisdiction in such cases of violation of city ordinances as the Common Council shall, by ordinance, confer upon him; in some cases it is made his duty, on conviction, to sentence guilty parties to the House of Correction. He is elected at the regular charter election in November, for terms of four years. Jurors are obtained from lists supplied by board of jury commissioners, six per- sons composing a jury.

By Act of February 17, 1857, the police justice had power to appoint a clerk, but by Act of March 20, 1863, this power was lodged with the Common Council. Since 1861 the council has yearly ap- pointed one of the regular justices of the peace as assistant police justice, to act in case of the sickness or absence of the elected justice.

No one of the other courts has been moved about as much as this one. Originally holding its sessions at the office of the police justice, at number 96 Jef- ferson Avenue, in 1852 it was moved to the Me- chanics' Hall on Griswold Street. On March 15, 1861, a fire partially burned this building, and on March 18 sessions of the court began to be held in the Congregational Church on Jefferson Avenue. The county auditors growing negligent in paying for this building, Justice Bagg received notice to quit, and not being able at once to find suitable

quarters, on August 6 and 7, 1861, he held sessions of the court under the poplar trees, on the site of the present City Hall, and near Michigan Avenue. The court was next held in the council-chamber of the City Hall, remaining there until the court-room, on northwest corner of Clinton and Paton Streets, was built. This building was first occupied in January, 1863.

It being necessary to enlarge the court-room, the court held sessions at Lafayette Hall, on Gratiot Avenue, near St. Antoine Street, from December 10, 1878, until February 22, 1879, when it took posses- sion of the enlarged court-room, in the old location on Clinton Street.

After the establishment of the Metropolitan Police in 1865, it was deemed desirable to provide for the summary trial of persons arrested for vagrancy, drunkenness, or disorderly conduct, as violators of city ordinances. Accordingly, on April 1, 1866, the Common Council established the Central Station Court, which was held at 7 A. M. by the police justice daily, up to the passage of ordinance of April 3, 1878, after which time it opened at 8 A. M. The city charter of 1883 made no provision for the con- tinuation of this court, and on October 23, 1883, the Supreme Court decided that its continuance was illegal, and its sessions ceased. An Act of June 9, 1885, provided that after July 4, 1886, there should be two police justices, those first elected to be chosen for two and four years each, and all subsequently elected for four years each. The same Act did away with the office of assistant police justice.

The following persons served as police justices for the years named : 1850-1853, P. C. Higgins ; 1853-1862, B. Rush Bagg; 1862-1866, Minot T. Lane ; 1866-1870, Julius Stoll ; 1870-1873, Albert G. Boynton ; 1873-1878, D. E. Harbaugh ; 1878- 1886, J. Miner ; 1886-

, J. Miner, E. Haug.

The assistant police justices have been as fol- lows: 1861, H. H. Swinscoe ; 1862-1863, E. Fecht ; 1866-1869, Joseph Kuhn; 1869, S. B. McCracken ; 1870, Peter Guenther ; 1871-1872, F. Krecke ; 1873, F. J. Barbier ; 1874, Albert Scheu ; 1875-1876, F. J. Barbier ; 1877-1878, Peter Guenther ; 1879-1880, Felix A. Lempkie; 1881, C. H. Borgman, 1882- 1884, D. B. Willemin.

The following have served as clerks of the Police Court : 1857-1861, P. McLogan; 1862, P. B. Austin; 1863-1866, H. A. Schmittdiel; 1866-1867, Peter Guenther ; 1868, Henry Ulrich; 1869, E. E. Kane ; 1870, J. H. Daly ; 1871-1877, Frank A. Noah ; 1877, L. D. Sale ; 1878, James Daly ; 1879-1882, Edwin Jerome, Jr .; 1882- , P. J. Sheahan.

SUPERIOR COURT.

This court was established by Acts of March 28, 1873, and February 4, 1875, and the first formal

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COMMISSIONERS .- JUSTICES OF THE PEACE.

session was held on June 11, 1873. The chief fea- tures in the jurisdiction of this court were as follows : Civil actions of a transitory nature, where the debt damages exceeded $100, might be brought before it ; and suits concerning titles to, possession of, or damages to any real estate in the city, and all ac- tions for foreclosure of mortgages in the city, might be tried in this court ; and in several particulars it had the same jurisdiction as the Circuit Court. Its first sessions were held in what is known as the Seitz Block, but in December, 1877, it was moved to the Mechanics' Block, on the corner of Lafayette Avenue and Griswold Street, the city taking a lease of five years at $1,000 a year. The first session was held there January 22, 1877. On March 1, 1883, the court began to use temporarily the council chamber in the City Hall, where it remained until March 14, when it began to occupy its new quarters in the Central Market Building.

The salary of the judge was $4,000 per year. The county paid $1,500 towards his salary, and the city paid all the other expenses except the jury fees, which, after 1879, were paid by the county. Under Act of February 17, 1887, the court was abolished, and its records transferred to the Circuit Court. The last session of the court was held on March 2, 1887.

The term for which the judge was elected was six years. The term of the first judge, Lyman Cochrane, began May 1, 1873, and terminated with his death in February, 1879. Judge Swift, of the Recorder's Court, filled the vacancy until the election in April, when J. Logan Chipman was chosen. By the Act of 1873 the county clerk was made the clerk of the court. By amended Act of 1875 the clerk and deputy clerk were to be appointed by the judge for terms of two years, dating from January, 1876. Walter S. Harsha was the first clerk, serving till November 12, 1878, when George F. Robison was appointed ; on June 1, 1879, he was succeeded by J. B. Moloney, and he on August 1, 1885, by W. E. Baubee.

COMMISSIONERS.

Commissioners of Bail were provided for by law of November 13, 1820, and the records show that the following appointments were made : 1821, Janu- ary 16, Charles C. Trowbridge ; 1826, February 15, John Winder. The powers of this office were even- tually transferred to the circuit court commissioners, and justices of the peace.

The office of circuit court commissioner was cre- ated March 9, 1843, and the powers belonging to it make the incumbents judges, and their office a court- room. A commissioner has power to determine the rights of either landlord or tenant, when the title to the property is not involved ; and such cases make a large share of the business brought before

him. He may take bail in suits instituted to re- cover penalties or damages for any wrong or injury, the amount of which is not fully known, and may determine the amount of bail to be given, and the sufficiency of the surety. By Act of April 3, 1869, the power of issuing writs of habeas corpus was taken from these officers.

Under Act of 1843 one commissioner was ap- pointed for the county, by the governor and Senate. By law of April 2, 1850, two for each county, to serve for four years each, might be appointed. By Act of April 8, 1851, the governor was authorized to appoint an additional commissioner for Wayne County, to serve till January 1, 1853. By Act of February 14, 1853, the governor was again author- ized to appoint an additional commissioner, who was to serve until January, 1855, when two, which the same Act provided should be elected in November, 1854, were to enter upon their duties.

The commissioners are paid entirely by fees ; they serve for two years, and are elected at the same time as other county officers. They have been as follows : 1843-1846, E. Smith Lee; 1846- 1850, Elisha Taylor ; 1850 and 1851, George Robb, W. T. Young ; 1852, George Robb, D. A. A. Ens- worth, A. Mandell ; 1853 and 1854, D. A. A. Ens- worth, A. Mandell, W. T. Young ; 1855 and 1856, D. A. A. Ensworth, R. H. Brown ; 1857 and 1858, T. S. Blackmar, R. H. Brown; 1859 and 1860, T. S. Blackmar, G. H. Prentis; 1861 and 1862, F. B. Porter, Ervin Palmer; 1863 and 1864, T. S. Black- mar, G. H. Prentis; 1865-1866, G. H. Prentis, T. K. Gillett; 1867, T. K. Gillett, W. S. Atwood; 1868, B. T. Prentis, T. K. Gillett ; 1869-1873, B. T. Prentis, E. Minnock ; 1873 and 1874, G. H. Penni- man, Henry Plass, Jr .; 1875 and 1876, J. A. Ran- dall, J. H. Pound ; 1877 and 1878, J. A. Randall, D. B. Hibbard ; 1879 and 1880, J. A. Randall, H. F. Chipman ; 1881-1885, Charles Flowers, W. J. Craig ; 1885- , J. M. Weiss, J. D. Canfield.

JUSTICE OF THE PEACE.

No office is older than this. It existed under English law, and was established in Northwest Territory August 23, 1788. On August 19, 1796, about a month after the first occupation of Detroit by the United States, Winthrop Sargent, acting governor of the Northwest Territory, commissioned several justices for Wayne County.

Under the Territory of Michigan, by Act of September 16, 1810, the jurisdiction of justices was enlarged, and at the present time, with the exception of some causes specially reserved from their juris- diction, they have original jurisdiction in all civil actions where the debt or damage does not exceed $100, and also the same jurisdiction that the Superior and Circuit Courts have in civil actions,

198

NOTARIES.

growing out of definite or implied contracts, where the debt or damage does not exceed $300.

Under territorial rule justices were appointed by the governor. By the Constitution of 1835 each township was authorized to elect four justices, to serve for four years, and by Act of March 14, 1836, Detroit, as a township, was directed to elect six instead of four justices.

The city charter, as amended on March 27, 1839, directed that justices of the peace should be elected at the same time as city officers.

The Revised Statutes of 1846 provided that De- troit should have four justices of the peace, and on February 5, 1857, the new charter provided for the election of six justices, to serve for three years each. A law of April 25, 1883, provided for three justices of the peace for the city instead of six. A law of March 17, 1885, provided for four justices, to be elected at regular charter elections, and to be paid a salary of $1,800 each by the county. They had been paid solely by fees. The law also provided that the county auditor should supply rooms and necessary furniture, books, etc. The clerk is nominated by the justices and approved by the county auditors. He has a salary of $1,000. All fees received are required to be paid to the county treasurer.

Jurors for Justices' Courts may be selected from property holders by the constable. Eighteen names being obtained, each party may strike out six names, and the remaining six form the jury. Jurors are paid fifty cents per day.

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The history of Detroit and Michigan; or, The metropolis illustrated; a chronological cyclopedia of the past and present, Vol I, Part 42

Author: Farmer, Silas, 1839-1902 Publication date: 1889 Publisher: Detroit, S. Farmer & co Number of Pages: 1096

Author: Farmer, Silas, 1839-1902
Publication date: 1889
Publisher: Detroit, S. Farmer & co
Number of Pages: 1096