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THE BENCH AND BAR OF OCEANA COUNTY BY L. G. RUTHERFORD. The first act of the Legislature, erecting a judicial district covering the territory now embraced within the limits of Oceana County, was in the year 1855, in annexing the County of Ottawa to the Eighth Circuit; but no courts were held, nor were any legal proceedings had, which affected either the territory or its inhabitants, until 1858, at which time the county had been organized with three townships. The first Journal of the Circuit Court lies before me, and open at its title page. We read the following: "September 21, 1858, first term of the Circuit Court; present, Hon. Flavins J. Littlejohn, circuit judeg, presiding; attorneys present, W. T. Howell, of Newaygo, J. H. Standish, of Newaygo, William H. Parks of Grand Haven." It will appear from the above that the county had been organized for several years before any court held, and that there was not then a single attorney in the county. The court was opened "by proclamation of the judge." W. T. Howell was appointed prosecuting attorney, by the court, and Luther S. Anderson attended as clerk. But little business was transacted. One case was tried before the court, without a jury, and a judgment entered in favor of the plaintiff, John Bowman, and against the defendants, Andrew Rector and Edwin R. Cobb, in the sum of $128.17 and costs. The prosecuting attorney, by leave of the court, discontinued an action against Richard E. Cater for trespass to personal property and assault and battery; Henry Hoffman and Andrew Brady were admitted to citizenship, and on September 29 the court adjourned without day. The second term was held at the village of Roseville, on the 5th day of April 1859. The former site of this village is now known as Whisky Creek, and its glory has passed away, and only the former home of L. D. Eaton remains to mark the spot. This building once was made to serve as a courthouse, county offices and hotel. It was the scene of many interesting and amusing transactions, which, however, belong not to this sketch. At this term a sheriff seems to have been present, and that every man might be provided for, he was allowed two assistants for the term. John H. Standish was appointed prosecuting attorney, a position which he held for three terms. Four cases were tried, and a judgment for plaintiff rendered in each. That of Asa C. Haggerty vs. Olen C. Farrell was tried before the first jury of the county, drawn specially for this occasion, consisting of Henry Hendrickson, John Nelson, E. R. Cobb, H. C. Flagg, Allen Baker, Jason Carpenter, Lyman Flood, Elbridge G. Farmer, William Underhill and Richard E. Cater, of whom the following are yet residents of this county: Henry Hendrickson, H. C. Flagg, Jason Carpenter and Richard E. Cater. At the September term of the same, the first attorney (Thomas M. Brady) was admitted to practice, but it does not appear that he was ever actually engaged in practice, and the writer is not aware of what became of him. From this time forward, the court became regular, and little is to be noticed which any one familiar with those of other counties would be interested in. I cannot, however, pass the next term without reference to Mr. E. D. Richmond, the present efficient clerk of the court. He had been elected to that position at the preceding election, and mounted upon H. C. Flagg's big mule, he, several days before the term was to be opened, with due regard for the dignity and responsibility of his position, started out alone from Pentwater to Whisky Creek, his route lying along the beach of Lake Michigan. He was anxious to not appear green in the business, and when at the county seat why could he not inform himself so well no one should ever suspect that he was not born qualified. It seems, though, that he, after all, was not quite satisfied with his attainments, for when Judge Littlejohn arrived with his body-guard of lawyers who always accompanied him, friend R. looked them over and finally settled on Col. Standish as the one most to be trusted, whereupon he called the colonel aside and frankly acknowledged that he had some doubt as to whether he knew all about his duties, and asked for knowledge. The writer thinks he can now see the light which must have burned in the colonel's eye as he solemnly communicated to the whilom clerk that he must keep an accurate record of all that was said by the court, council or witness. Finally court opened, and Ed., quill in hand, squared himself for the task. For a few moments all went well, but all too soon the words came fast and hot. Ed. strove manfully, but in vwin, and as he wanted a good record he finally jumped to his feet and fairly yelled: "Hold on judge! I can't get half of this talk down; you must go a little slower." It is needless to say that all hands were convulsed with laughter, little becoming the dignity of a court of justice. But since then there has been no occasions to laugh at that clerk. At this time the circuit over which Judge Littlejohn presided extended from Allegan to Grand Traverse. Through many counties there were no roads, and the party who accompanied him, - usually Col. J. H. Standish and W. H. Parks, and occasionally A. H. Giddings and M. B. Hopkins, - were compelled to make their way on horseback, either along the shore of Lake Michigan, or follow circuitous trails made by Indians when passing from one lace to another while on their annual hunts. It would be hard to imagine, even, now, the hardships and inconvenience of journeys such as preformed; often losing their way by being unable to find the dim trail, they would be compelled to do what soldiers are sometimes allowed to do, "make themselves as comfortable as circumstances would allow, for the night." But space will not admit to a fuller description of their trips over the circuit, of which the writer has been an attentive listener for hours at a time. Judge Littlejohn was an able and upright judge, and among the people who knew him twenty years ago his name is a household word. A Democrat in politics, he was elected over his competitor, Hon. W. B. Williams, by a handsome majority, though the district was largely Republican. No judge had fewer decisions reversed than he. He died a few years ago at his home in Allegan, at a ripe old age, loved and honored by all. Judge Littlejohn was succeeded by Hon. Moses B. Hopkins, when the Fourteenth Judicial Circuit was formed, which consisted of Ottawa, Muskegon, Oceana, Newaygo and Mecosta Counties. Judge Hopkins died while in office, having been sick during the whole term. Little can be said of his attainments. He was succeeded by Hon. Augustine H. Giddings, of Newaygo, who was first appointed by the Governor upon the death of Judge Hopkins, and afterward elected by the people. Judge Giddings was a graduate of Yale Colleg, and had received a complete legal education. He was regarded by all who knew him as one of the ablest jurists in the state; but too great a love for strong drink partially destroyed his usefulness, and no doubt prevented him from rising to the highest judicial honors. He died in Philadelphia while attending the Centennial Exhibition in 1876. The next judge to occupy the bench of Oceana County was Hon. Michael Brown, of Big Rapids, who was appointed to fil the vacancy occasioned by the death of Judge Giddings, and having served to the end of the term, he was re-elected without opposition. He made a good judge, and while he had his enemies, as have all public men, the writer, who was in active practice before him during all the time he was on the bench, takes great pleasure in recording that Judge Brown was always a patient, honest and able judge. He resigned January 1, 1881, for the reason that the mean salary of $1,500 per annum would not allow him to serve any longer. Hon. Frederick J. Russell of Hart, was appointed to fill the unexpired term, and at an election ordered, he was, in April 1881, elected by the people, the opposition not having nominated any one to oppose him. Judge Russel was born in Michigan, and has been a resident of Oceana County for twenty-two years. As a judge, so far, he is well liked by all. He is a man of strong sense and a hard worker, - qualities which well become a judge. The Fourteenth Circuit at present (1882) contains but two counties, Oceana and Muskegon. No better idea of the growth of Western Michigan can be had than by comparison with the territory over which Judge Littlejohn presided and that now comprising this circuit. The bar of Oceana County has within the last twenty years contained some able lawyers. Among them were Nathan Crosby, who died at Hart, several years ago; R. A. Montgomery, now of Lansing; Hon. R. M. Montgomery, now circuit judge of Kent; Hon. J. M. Rice, ;ate circuit judge of the Twenty-first Judicial Circuit; Hon. F. J. Russell, at present circuit judge; Hon. W. E. Ambler; Hon. C. W. Dean, now a resident of Chicago, and L. D. Grove, now of Missouri. The following is a list of the bar of Oceana County at present: M. H. Brooks, L. M. Hartwick, Alfred H. Nelson, W. H. Tuller, James Brassington, T. S. Gurney, W. B. Stevens, C. A. Gurney, and the writer, many of whom do not make a specialty of practice, but devote themselves principally to other pursuits in connection. Many are the recollections of legal contests which cluster around the memory of days gone by. One in particular, when R. M. Montgomery was prosecuting attorney of the county, two men were arrested for stealing a cargo of shingles, and the examination lasted eight days before Esquire Ripley, at Pentwater, Na I do not recollect of a warmer contest during my whole career at the bar. So hot did it get that I thought I could never respect my legal brothers again. But with the end of the trial, when he took a retrospective view of the whole affair, we became warmer friends than before, and no doubt had greater respect for each other for the hard fight that we had made. Thus ends a brief sketch of the bench and bar of the county. But matters pertaining to the judiciary have sometimes occured in the lower courts which cannot fail to be of interest, and from the many suggest themselves I will relate a few: Over twenty years ago, John Bean, the present county surveyor, was elected a justice of the peace. Mr. Bean was always a busy man, and if he had had any book of forms, it is doubtful whether he could have looked into it. Any way, he was requested to issue a warrant for an Indian. He stopped short in his business, scratched his head, pulled out of his pocket a yellow envelope, and upon it issued the following warrant: "Bring him to me, d--d him, John Brown, Jr.," and upon this warrant the culprit was arrested. At a trial before an early justice and a jury, while the snit progressed, the jury absconded themselves, and went fishing. Finally when notified that the evidence was all in, they returned and promptly found him guilty, as charged in the complaint, whereupon the justice sentenced the prisoner to jail for a period of ninety-nine years. Many more true stories equal to this might be told, bust these must suffice. The relations of the bar toward each other have generally been of a friendly character, as have also the relations between the bench and bar. May they so continue, and we trust that in the future, as well as the past, the bar of Oceana County will continue to furnish men who will be an honor to her. |