The following paper was contributed by the late Judge Augustus C. Baldwin to volume XXXI of the Michigan Pioneer and Historical Collections, and it was one of the most complete as well as one of the last contributions which he made to local history prior to his death in 1903.
"The time has arrived," he said, "when it is all important that the history of the various individuals belonging to the different professions, residents of this state at an early day, have a brief recital of their acts prepared and filed with this society as matter for future reference. A sketch of the early clergymen and the members of the medical profession, however brief it might be, would be invaluable, as well as afford very interesting reading matter; and I trust that some persons connected with those professions will assume the task and thus preserve the names of their brethren in the archives of this society. With this view of a person's duty, for the purpose of preserving the names of the pioneer lawyers of Oakland county, I have assumed the task of presenting those practicing therein prior to 1840. Time will not permit entering very fully into detail of their various histories, but the brief sketch that I present, will, at least, preserve their names in their professional capacity.
"Oakland county's history is not of very ancient origin. Though Detroit was settled in 1701, and the southeastern bounds of Oakland county were only ten miles distant from the city hall of Detroit, yet we have no record of a white man's entrance into Oakland county for the purpose of settlement in the township of what is now Avon. A settlement was made at Pontiac by the Pontiac Company in 1818, and in the autumn of the same year settlements were made at Royal Oak, Birmingham, Troy and Waterford.
"On the 12th of January, 1818, Governor Cass issued a proclamation organizing certain territory into the county of Oakland, and fixing the seat of justice of the county at Pontiac.
"It is impossible to state at this time what the population was; no accessible records of the census of 1820 can now be found in the county; that there were numerous families scattered about Oakland county in 1819 is clearly inferable from what is known of the settlers' families existing at that time. From the first settlements in 1817 there was a constant influx of immigrants into the county, and the inference is irresistible that at the perfection of the county's organization the population must have been several hundred.
"October 24, 1815, the governor and judges passed an act creating county courts in the various counties of the territory, consisting of one chief justice and two associate justices; all to be appointed by the governor.
"June 13, 1818, chancery jurisdiction was extended to county courts, March 30, 1820, the terms of the court were fixed for Oakland county for the second Monday of February and the third Monday of July, and on the 17th day of July, 1820, the first court of record—the Oakland county court—was duly opened and legal proceedings were thereafter supposed to be properly conducted. Hon. Wm. Thompson was chief justice and Amasa Bagley and Daniel Bronson, associate justices. William Morris was sheriff, and Sidney Dole was the clerk.
"At the time when General Cass, the territorial governor, was making selections to fill the various judicial offices, he was confronted with the fact that there was not an attorney resident in the county. Necessity compelled him to go outside of the legal profession, and subsequent events showed that his selections were judiciously made.
"The appointee for chief justice was a practicing physician residing near Pontiac, Dr. Wm. Thompson; he was born January 15, 1786, in Lenox, Massachusetts. He attended the district school and the academy; at fourteen he was fitted for college. In 1810 he took his degree from the College of Physicians and Surgeons in the city of New York; and about 1815 he emigrated to the territory of Michigan and first began the practice of his profession at Mount Clemens, and subsequently removed to Pontiac. After his appointment as chief justice he practiced his profession while performing his official duties. Of course his legal duties did not encroach very greatly upon his time, and he held the office of chief justice for some eight years, giving excellent satisfaction. After his retirement from the judgeship he continued his medical practices for some time, and then retired to a farm near Pontiac, where he died honored and respected July 10, 1867.
"Amasa Bagley, one of the associate justices, was born near Boston, in Massachusetts, and left his home for Michigan in the winter of 1818. .He afterwards settled at Bloomfield Center, and he resided there about ten years, when he removed to Pontiac, where he continued to reside until his death. He was appointed associate judge upon the organization of the county court, assuming his duties in July, 1820, and remaining in that office until the admission of Michigan as a state. Judge Bagley was a farmer and practical business man, and in no sense a lawyer, yet he satisfactorily performed his judicial duties.
"On Monday. July 17, 1820, the county court of Oakland county was duly opened by proclamation of the sheriff. After impaneling of the grand jury Spencer Coleman, an attorney of Detroit, on his own motion was admitted to practice.
"On his application Daniel Le Roy satisfied the court that he was licensed to practice in the supreme court of New York and was admitted as an attorney of this court. Mr. Le Roy for many succeeding years occupied a prominent position in the history of Oakland county, as well as in the state of Michigan. He was born in Poughkeepsie, New York, on the 17th day of May, 1775. After due preparation and study he was admitted to practice in the supreme court in April, 1800. He was afterward admitted to the court of common pleas of Tioga county, and in 1801 established himself in Binghampton and commenced practice. He also took an active part in political, educational and military matters. In 1817, when the influx of travel from the east was tending westward, he followed with his family to Detroit, and there commenced laboring in his profession. His record shows that he had business relations with Macomb county, filling there the office of judge of probate.
"Prior to 1820 the Pontiac Company had erected a mill at Pontiac, and the county seat having been established at that place and Mr. LeRoy having made Pontiac his home, he was the first resident lawyer admitted to the court.
"It cannot be supposed that business could be very extensive or lucrative; but the county was rapidly filling up; new settlers were continually arriving, and to a discriminating mind it must have been evident that Oakland county would soon furnish adequate support for an industrious lawyer.
"Mr. Le Roy was appointed the first prosecuting attorney for the county. He was also justice of the peace, and in 1822 postmaster. In 1831 he was appointed United States attorney for the territory of Michigan.
"Mr LeRoy was chief justice of the county court of Oakland county, and held the office for two years, and in 1833 one of the judges of the county for the term of three years.
"In. November, 1835, Governor Mason, acting governor, appointed him one of the commissioners to settle the boundary dispute between Michigan and Ohio. He was a member as early as 1830 and 1831 of the territorial council. Upon the organization of the territory as a state, Mr. LeRoy was appointed in July, 1836, the first attorney general of the new state.
"The foregoing brief synopsis shows that Judge LeRoy took a very active and prominent part in our history. The important offices that he held is most convincing evidence of his popularity and ability. About 1850 he left Pontiac and removed to Fenton, where some of his children resided, and where he died at a ripe old age February 11, 1858.
"For several years after the organization of the county Mr. Le Roy was the sole resident lawyer. The court was attended, however, by many Detroit lawyers; among them George A. O'Keefe, John Hunt, Benjamin F. H. Witherell, Charles Larned, William A. Fletcher, Henry Chipman, William Woodbridge and others; all men who subsequently became prominent not only in their profession but in the state's early history.
"William F. Moseley was admitted as a practitioner on the 14th of February, 1825. He was the next person admitted after Mr. Le Roy, as the records of the court show, who resided in the county of Oakland. Where he previously resided, or where he was educated, I have been unable to learn. The records show that he was a prominent practitioner while a resident of the county. An anecdote that I heard related of him about sixty years ago I think will bear repetition. He was defending some boys for some trivial offense before a justice in a neighboring town. In the course of his argument before the justice he said: 'May it please your honor, these boys being arrested for a criminal offense, it is necessary for the prosecution to prove the offense charged beyond a reasonable doubt; for it is a principle of law that every man is presumed innocent until he is proven guilty.' 'Stop, sir,' said the justice, who was an Old School Presbyterian, 'you are mistaken, Mr. Moseley, the rule is, mankind is naturally depraved.' Mr. Moseley resided in Oakland county about twelve years, when he removed to Genesee or Shiawassee county, Mr. Moseley was a representative of Oakland county in the legislative council in 1826.
"The succeeding attorneys who settled in Oakland county were Thomas J. Drake and Origen D. Richardson. They came into the county as early as 1825 or 1826, the precise date at this time being very difficult to determine.
"Mr. Drake was born April 18, 1797, in Scipio, Cayuga county, New York, and was educated in the schools of that vicinity. From the records I should judge he came to Oakland county in 1824, and at that time was not admitted to practice law here, but in March following he entered a plea in a case for the defendant by previously filing letters of attorney, authorizing him to appear. From this time on Mr. Drake took a very active part in legal and civic affairs in Oakland county until near the time of his death.
"Prior to the admission of Michigan to statehood he was a member of the territorial council; was register of probate; captain and lieutenant colonel of the militia, and one of the commissioners to locate the county seat of Saginaw county. After the admission of the state, Mr. Drake was elected to the senate, and was made president pro tem of that body. He was elected prosecuting attorney for Oakland county, holding that office two years. About 1837 Alr. Drake removed from Pontiac to Flint, where he resided a few years, when he returned to his prior home, and there continued to live until his death. He was appointed by President Lincoln as one of the associate justices of Utah, which office he continued to hold for many years. He had an intense prejudice against Mormonism, and his nature would not permit him to conceal his views; consequently his judicial life was not as pleasant as it would have been if he had possessed a more yielding nature. His health became somewhat impaired and he resigned his judgeship two months prior to the expiration of the term. He was an unyielding lawyer, indefatigably zealous in the interest of his clients. He possessed strong personal traits, and during his earlier days had many devoted friends and followers. Mr. Drake died in Pontiac on the 20th of April, 1875.
"Gideon O. Whittemore was in active practice in Oakland county in 1836, and continued in practice for about fifteen years. The record shows that on the 13th of February, 1826, he was appointed prosecuting attorney for the term. He served one term as secretary of state, and was a member of the Board of Regents and the Board of Education of the state. Soon after this he removed from Pontiac to Tawas, Iosco county, where he died.
"There has been some discrepancy as to the time when Origen D. Richardson took up his residence in the county of Oakland. The court records first show his active participation in legal proceedings on the 20th day of July, 1826. Mr. Richardson was born in Woodstock, Vermont, July 20, 1795. He studied his profession there; and while a student in the office of his cousin, Israel B. Richardson, his patriotism induced him to join the army. He was present and participated in the battle of Plattsburg. He continued in practice in Vermont until 1826, then he removed to Pontiac. He was a patient, painstaking practitioner, and took a deep interest in the affairs of his adopted state. For twenty years after Mr. Richardson settled in Pontiac, his counsel was widely sought, and his legal opinion had almost the effect of statutory law. He was cautious in giving his advice. In his intercourse with his fellow citizens he was not effusive, but was conservative, careful and courteous. He seldom had an altercation with his associate attorneys, and was ever ready to lend a helping hand in case of emergency. The result was that there was a kindly feeling toward him, which added greatly to his popularity. Mr. Richardson was a member of the first convention of assent relating to the admission of Michigan into the Union, held at Ann Arbor in September, 1836. He was also a member of the first legislature, which convened at Detroit, November, 1835, and was also a member of the Sixth legislature, which convented at Detroit, January 4, 1841.
"In the fall of 1841, the time that John S. Barry was first elected governor, Mr. Richardson was on the ticket with him for lieutenant governor, and was elected to the office. He was reelected in 1843. At the termination of his office he returned to Pontiac and resumed the duties of his profession until the fall of the year 1854, when he went to Omaha, Nebraska. Soon after his arrival there he was elected tb the upper house of the first legislature, and was subsequently reelected for the ensuing term. He was appointed one of the commissioners to revise and codify the laws. Though nominally residing in Nebraska and holding official positions there, his family remained in Pontiac, and. continued there until 1874, when they removed with Mr. Richardson to Omaha. Mr. Richardson, after his final removal to Omaha, survived only two years, dying November 30, 1876. Mr. and Mrs. Richardson had lived together nearly fifty years in the most happy relations, and at his demise she was so stricken with grief that she survived him but three days, and they were buried at the same time.
"Robert P. Eldredge was admitted to the bar in Oakland county, November, 1828. He read law with Governor Richardson, and soon after his admission to the bar he removed to Mt. Clemens, where he located and resided until the time of his death.
"Seth A. L. Warner, one of the old and prominent attorneys at Oakland county, was born in Saybrook, Connecticut. After pursuing the preliminary studies in the common schools of the country, he perfected his education at Cambridge, Massachusetts. He afterwards located in Tompkins county (now Schuyler), New York. He came to Michigan in 1825 and settled in what was over two years later organized into the township of Farmington, and in March, 1830, he was admitted to practice his profession of law in the courts of Oakland county. His location in Farmington at that time was not remarkably favorable for a very extensive practice, yet, being a well educated and well read lawyer, he secured his share of business. Mr. Warner, after more than twenty years' residence in the county, and being over sixty years of age, died in Farmington on the 5th of March, 1846, honored and respected.
"Isaac Stetson, a lawyer who had practiced in Indiana and other states, was admitted in 1830. Nothing more is known of him here.
"In October, 1832, John Goodrich was admitted, and he died in September, 1838.
"In October, 1833, Henry S. Cole was admitted, but nothing further appears relative to him.
"Randolph Manning was born in Plainfield, New Jersey, May 19, 1804. He studied the profession of law in the city of New York, and in 1832 he.came to Michigan and commenced the practice of his chosen profession in Pontiac. He was careful and studious, persistent and energetic, and his ability at once gave him a standing of the first rank among the attorneys of Michigan. He was prominent in all the undertakings for the improvement and advancement of his selected residence, and for over thirty years after coming to Michigan he filled some of the most important judicial positions. We first ascertain that in 1835, when the question of the admission of Michigan into the Union was being agitated, he was elected one of the delegates to the convention at Ann Arbor to form the constitution and was placed upon the judiciary committee. Among his associates were such men as Ross Wilkins, William Woodbridge, Isaac E. Crary and Robert McClelland, historic characters. Mr. Manning was elected a senator from the county of Oakland and the territory attached, embracing the upper peninsula, holding the office for only one session. February, 1838, he was appointed secretary of state, an office he held for two years. The judiciary system under the constitution of 1835 embraced a court of chancery. Mr. Manning was appointed chancellor in 1842, an office which he resigned in 1846.
"Walker's Chancery Reports contain Chancellor Manning's opinions while holding his office, and they are a fitting memorial of his capacity, industry and conscientiousness; and although nearly sixty years have elapsed since these opinions were given, they are still cited with great approbation. As chancellor he was ex-officio a member of the Board of Regents. Mr. Manning was a reporter of the decisions of the supreme court, commencing with the January term of 1847, and ending with October, 1850. He was also a member of the State Board of Education in 1849. When the present supreme court was organized in 1857, Mr. Manning was elected one of the judges, taking his seat January 1, 1858, and when the respective judges drew for their term, Mr. Manning's was for four years. He was reelected in 1861 for a second term of eight years. For several years before his death he was a sufferer from heart disease, but his condition was not considered precarious. On the 31st of August, 1864, he spent most of the afternoon with one of his associates, the venerable Judge Christiancy. Judge Manning was in his usual health, and after returning home spent the evening with his family. About nine o'clock in the evening his elder daughter left the room knowing nothing of any danger, and returning immediately, found her father unconscious; he survived but a few moments, passing away without previous warning and without pain. Thus passed away an able and upright judge. On April 3, 1889, an oil portrait of Judge Manning was presented to the supreme court by his children. Judge Campbell in accepting the portrait in behalf of the court said: 'Such men when they die do not lose their influence, and I believe the time never can come when the name of Chancellor Manning or Judge Manning, will be separated from the legal reforms of the state or from the rules of justice that he did so much to establish. He was worthy of veneration and his name and memory will always be cherished. We accept the portrait with great pleasure, and it will be preserved on the walls of the court room."
"At the October term, 1833, at Pontiac, William Draper was admitted to practice. He was born in Marlborough, Massachusetts, February 12, 1780, and was educated at Harvard University. He studied law and practiced his profession near Boston. Some of his early acquaintances had removed to Pontiac, Michigan. Meeting them afterwards he decided to make a visit and came to Pontiac in the spring of 1833. Pleased with the country and with the location of Pontiac, he decided to remain and practice his profession here. Mr. Draper was a thoroughly equipped lawyer, and at once entered into an extensive practice. At the time he came to Michigan the question of the admission of Michigan as a state was being agitated, which continued for several years. A convention was held to adopt a constitution, and one was formed.
"Congress was in favor of releasing a portion of the southern boundary of Michigan to Ohio, and giving to Michigan the upper peninsula in lieu of such territory. Among others Mr. Draper took an active part against surrendering any territory to Ohio. When the convention was called to meet at Ann Arbor to oppose the scheme, Mr. Draper was elected one of the delegates from Oakland county, and he was selected as the presiding officer of the convention. After Mr. Draper came to Michigan he had a large practice for about twenty years. Part of this time he was in partnership with his son Charles and his nephew, Rufus Hosmer. About 1850 his health began to fail and continued to fail until 1858, when, hoping for improvement, in July of that year he took a trip to Mackinac, where he soon after died. He was a quaint, peculiar man. He had his own notion of legal ethics, was a strict disciplinarian, and could hardly tolerate some of the simple pleasantries of a country bar, but his brother attorneys all respected him, and 'Father Draper,' as he was called by almost all of his brethren, did not have an enemy among them. During his later years he surrendered his practice and spent his time with his fishing rod among the numerous lakes surrounding Pontiac.
"Morgan L. Drake was born in Scipio, Cayuga county. New York, October 18, 1813. He was educated in the common schools of that vicinity; lived in Perry, New York, studied law, and came to Michigan. He was admitted to the bar in Oakland county in July, 1835. He devoted himself to his professional duties until 1836, when he was elected register of deeds for the county of Oakland, which office he held for two years. In his profession he made equity and equity practice a specialty, and in equity cases he was more at home than in any other branch of his profession. As a speaker he was extremely prolix. While Mr. Drake devoted much of his time to his professional duties he was also engaged in many other matters tending to develop and improve the country. He was one of the active promoters of the Flint & Pere Marquette railroad. While he was giving his chief attention in his practice to equity, he was fairly well read in the various branches of the law. On one occasion while engaged in a suit pertaining to a mill dam ownership, about two o'clock in the afternoon an important witness for Mr. Drake's client was called. The fact was first made known that the witness had gone to Detroit. Then there were no telephones, telegraphs or railroads, nothing but the dirt road to travel. The witness had not been subpoenaed, but had promised to attend; forgetting his promise he had left without notifying the party engaging him. Mr. Drake appealed to the court to have the case continued until the fqllowing morning, stating his position. The court. Judge Whipple presiding, informed him that it was his duty to have properly subpoenaed the witness, and denied the application. Mr. Drake, not disheartened, then made a motion for continuance. On rising he said: 'Your honor, this being an important matter, contrary to my usual custom, I shall have to discuss it at considerable length.' The court, knowing Mr. Drake's prolixity, was bewildered. He saw in his mind's eye an afternoon's task before him, and he turned to the crier and said: 'Mr. Crier, adjourn the court until tomorrow morning at nine o'clock.' Drake's object was accomplished. He died in Pontiac in 1865.
"Rufus Hosmer was of Massachusetts origin, and was educated at Harvard University. He came to Michigan soon after his uncle, William Draper, and was admitted to practice in Oakland county. He was more addicted to fun than to the dry technicalities of the law. Soon after his admission he practiced with his uncle, William Draper, and after Charles Draper was admitted the three practiced together. Subsequently he entered into partnership with George W. and Moses Wisner. He continued with them until George W. Wisner went to Detroit to take charge of the Detroit Advertiser, and after his death Mr. Hosmer succeeded him in the charge of that paper. He afterwards removed to Lansing; was state printer for a time, and was connected with the Lansing Republican. He was a ready wit, a fine genius, a companionable and popular man. He was appointed consul to the Netherlands, but death took him before he departed for that post of duty.
"Phillip A. Mcomber was admitted to practice as an attorney in the state of New York, and coming to Michigan was admitted to practice here in 1825. He afterwards removed to one of the counties west of Oakland.
"John T. Raynor came to the state and was admitted to the practice of law in 1835. He located near Franklin. He was a prosecuting attorney in 1835; was elected county clerk for the county in 18—, and held that office for four years. After this Mr. Raynor had an official position in Washington for a short time; on his return from Washington, he removed to Lansing, where he died. He was a pleasant, agreeable man; one who was most careful about saying anything to wound the feelings of another. He was a good lawyer, but his extreme amiability and timidity were not conducive to his general success in his profession.
"Edward Pratt Harris was born in Ashburnham, Massachusetts, November 17, 1802. After passing from the common schools, he was prepared for college at Phillips Academy in Exeter, New Hampshire, and at Atkinson (N. H.) Academy, and finally graduated at Dartmouth College in 1826. For a time he was principal of an academy at Bradford, Vermont, and after his admission to the bar he practiced for a short time at White River Junction, that state. The business of the legal profession in staid New England did not satisfy the ambitious young man. He gathered his worldly possessions and wended his way westward, coming to Michigan in 1836 and settling in Rochester, Oakland county, commencing there the practice of his profession. He was postmaster during Fillmore's administration, circuit court commissioner from 1859 to 1862, and a delegate to the constitutional convention in 1867. He was devoted to his profession, and had a reasonably fair practice in the locality where he resided. He attended most strictly to the interests of his clients and omitted nothing that would have a tendency to protect them. Of course this location was not such as to give him a large or varied assortment of cases, but such as he had were attended satisfactorily to his clients. After his location at Rochester in 1836 he continued his residence in that place until his death, which occurred in March, 1868.
"Alfred Treadway came to Michigan about 1835 or 1836, and soon after was admitted to the bar.
"After the organization of the state, one session of the supreme court and one session of the court of chancery were held annually in Pontiac.
"Soon after Mr. Treadway's admission he was appointed clerk of the supreme court and register in the court of chancery, which offices he held until the change in the judicial system. He was also an injunction master for the county. At the session of the legislature in 1844 an act was passed empowering the judges of the supreme court to appoint a suitable person to revise the laws of the state. Sanford M. Green was appointed by the judges for that purpose, and he selected Mr. Treadway as his chief clerk and from that time until the session of the legislature in 1846 Mr. Green and his assistants were continuously employed in their laborious duties, and Mr. Treadway copied and wrote during the time the entire Green Code of 1846. Mr. Treadway was afterwards a document clerk in the United States senate, and subsequently was an employee in one of the departments in Washington. He did not return to Pontiac to reside, but removed to Rhode Island, near Providence, where he afterward died. He was an ardent Mason, and took a lively interest in the resuscitation of the Masonic lodge in Pontiac.
"George A. C. Luce was admitted to practice law in Oakland county May 2, 1837. He was a well educated man, thoroughly versed in his profession. After his admission he settled in Troy. Mr. Luce was in feeble health and died at the place of his residence.
"John P. Richardson was born in Woodstock, Vermont, August 23, 1792. He was graduated at Dartmouth College in 1816, and read law with Israel P. Richardson and Judge Aldis, of St. Albans, and afterward with Heman Alton, of Milton, Vermont. After his admission to the bar he practiced law for some years in Burlington, that state. In 1837 he removed to Pontiac, where he was admitted to practice on the 9th of November of that year. He continued to practice in Pontiac until 1845, when he was appointed in the land office of Sault Ste. Marie, in which office he continued until 1848. He also acted as prosecuting attorney during the time he was in Chippewa county. While a resident of Oakland county, he was master in chancery. He removed from Pontiac to Leavenworth, Kansas, where he resided until his death, September 8, 1866. He was a kind, a genial man, but was rather singular in some of his opinions. He was a sincere friend of the laboring classes of the community, planning and scheming to elevate their condition. As a lawyer Mr. Richardson was well prepared for his professional duties, but he was not a ready speaker. He was extremely cynical in his remarks before a court or jury. In his intercourse with his fellow men he was just and upright in all his dealings.
"Charles Draper was born in Marlborough, Massachusetts, in November, 1811. After pursuing the requisite studies necessary to enter college, he entered Cambridge University and graduated therefrom in June, 1833, taking a degree of bachelor of arts. In November of that year he came to Michigan to meet his father, William Draper, who had about six months previously removed to Pontiac. Mr. Charles Draper taught school about one year in the old academy in Pontiac; at the same time he was reading law under the direction of his father. He was elected county clerk in 1836 on what was called the state's rights ticket, and held the office for two years. After pursuing the necessary studies he was admitted to the bar of Oakland county November 27, 1838. After Air. Draper's admission to practice law he remained in his father's office and practiced with him for many years. He was fortunate in having a large office experience, his father being a lawyer of long standing in Massachusetts. Mr. Draper was well versed in the preparation of legal papers, and after his commencement of practice in Oakland county the knowledge he had thus acquired became extremely useful to him. I think it can truly be said of him that there were few attorneys in Michigan that excelled him in celerity of drafting or in the correctness of his legal papers. He was elected for several terms as prosecuting attorney of Oakland county, and always most satisfactorily performed the duties of the office. In 1868 Mr. Draper was elected to the senate of the state of Michigan, and held the office for one term. He was an intense partisan and had no sympathy for, or patience with, any principles adverse to what he himself believed. During the Civil war, and for twenty years after, any person disagreeing with Mr. Draper's political views was a 'copperhead,' but notwithstanding the intensity of his zeal upon political subjects he was a man of the most genial disposition, and in twenty minutes all excitement would be over and the political feelings of the past forgotten. He was a true and devoted friend, and I can most cheerfully say, after over thirty years association with him in legal business, that a kindlier, more helpful or more upright individual could not be found.
Excitable and intense as he was in his convictions, there was nothing revengeful in his disposition, and if any person had any ill feelings on account of a remark that Mr. Draper made he was always ready to make the fullest acknowledgements. In the prime of his life Mr. Draper was a most excellent lawyer, and had an extensive practice. In 1884 he was stricken with apoplexy, and was compelled to retire from business. He partially recovered, but on April 23, 1900, he died at Midland, being at the time one of the oldest lawyers in the state. Through all his eccentricities and the intensity of his political feelings, I do not believe that he had a personal enemy.
"George W. Wisner was born near Auburn, New York, in 1812. Prior to 1835 he had been prominently connected with, and owned a half interest in the New York Sun. He disposed of his interest, and in September of that year removed to Pontiac. Shortly after his arrival he commenced the study of law with William Draper. While in Pontiac he took an active interest in politics, and in 1837 he was elected to the legislature. After this he was admitted to the practice of law in 1839, and soon after formed a partnership with Alfred Treadway. Succeeding the partnership with Mr. Treadway a new one was formed with Moses Wisner and Rufus Hosmer, which continued until he removed to Detroit. In the fall of 1847, Mr. Wisner, in connection with others, purchased the Detroit Daily Advertiser, which he creditably managed until his death. He was an intense Whig, and never let an opportunity pass without giving his opponents a castigation. He was a fluent speaker, and indulged freely in sarcasm. In 1842 he was a candidate for congress in the Oakland county district extending to Mackinac, thence through the upper peninsula; after a severe and bitter contest Mr. Wisner was defeated. In the practice of his profession Mr. Wisner was very happy and pertinent in his remarks. On account of his tact he would carry the jury with him. On one occasion he was trying a man for setting fire to his own barn. Hon. Jacob M. Howard, then considered one of the ablest attorneys in Michigan, was the defendant's attorney. Mr. Howard attempted to show that the fire was the result of spontaneous combustion, and made an eloquent appeal to the jury to sustain his theory. The case was one that caused much excitement. Mr. Wisner, in prosecuting the case, entered into it with all his professional zeal and in replying to Mr. Howard's theory of spontaneous combustion (the evidence showed that there were tracks around the stack where the fire originated, which was situated close to the barn) Mr. Wisner said: "Gentlemen of the jury, did you ever hear of a case where Providence came down to earth on a dark stormy night, put on a pair of old boots, sneaked around a straw stack and applied a match to the stack for the purpose of getting the insurance on the barn and its contents?" Suffice to say the jury had not heard of such an occurrence, and when they retired to the jury room they promptly found the defendant guilty.
"Mr. Wisner died in Detroit, in September, 1849, and was buried in Pontiac. He was the father of Oscar F. Wisner and Henry C. Wisner, two prominent lawyers, the first in Saginaw, the latter in Detroit, and both now deceased.
"Alfred H. Hanscom was born in Rochester, New York, and at an early period of his life came with his family to Macomb county, Michigan. He was educated in New York prior to his removal. From Macomb county he moved to Troy, in Oakland county, and was admitted to the bar in Pontiac in 1838. Few persons have been more gifted as speakers than was Mr. Hanscom, and it was said of him that he was one of the most eloquent advocates in the country. He was appointed prosecuting attorney for Oakland county in 1850, and held the office for two years. He was elected a member of the Michigan house of representatives for 1842, and was re-elected for the session of 1845, of which house he was elected speaker. While Mr. Hanscom was in practice in Pontiac, on account of his forensic ability and tact he was employed in all the most important criminal cases. He afterwards removed to Ontonagon; while there he made a visit to Pontiac and died on board the vessel as he was returning to his northern home. Mr. Hanscom was a member of the convention of 1850, which convention formed the present constitution of Michigan.
"Samuel G. Watson was admitted to the practice of law before he took up his residence in Pontiac. He was prosecuting attorney for a time. While in Pontiac he formed a partnership with James B. Hunt. He was an educated and prominent lawyer. He afterward removed to Detroit, entered into practice there, and subsequently died.
"Henry C. Knight was born in Washington county, Pennsylvania. After his admission to the bar he came to Pontiac and entered into partnership with Origen D. Richardson. He was a well educated man and well equipped in his profession. While in Pontiac he gave his whole attention to legal business, and he was a valuable accession to Mr. Richardson's office. Subsequently he removed to Detroit, where he continued his practice of law until his death.
"James B. Hunt's father was a citizen of Westchester county, New York, and went to Demarara, South America to reside. During his residence there he was married, and James B. Hunt, his second child, was born in that place. When he was four years old his father returned with him to New York. Mr. Hunt attended the academy at Fairfield, Herkimer county, where he completed his classical studies and there he entered the office of Michael Hoffman to prepare himself for the practice of law. He was admitted as an attorney of the supreme court of New York, February 22, 1824, and as counselor in 1837. He was prosecuting attorney for the county of Herkimer for two terms. In 1835 he was inspector general with the rank of colonel in the New York militia. In the summer of 1835, on account of a lung difficulty, Mr. Hunt was ordered by his physician to go west, settle on a farm and work out of doors. He came to Michigan in that year and settled on the bank of Elizabeth lake, near Pontiac, Oakland county. In March, 1837, Mr. Hunt was appointed one of the commissioners of internal improvement by Governor Mason. As such commissioner he had charge of the construction of the Michigan Central railroad from Detroit to Ann Arbor; the construction of that portion of the Clinton and Kalamazoo canal from Mt. Clemens to Rochester, and other works of internal improvement. After he was admitted to practice law in Oakland county he opened an office in Pontiac, and continued practice in that place until he was elected to congress in 1842. He remained in congress for four years, and in January, 1848, he was appointed registrar of the land office at Sault Ste. Marie, which office he held until June, 1849. After that he returned to Pontiac, holding the office of circuit court commissioner of Oakland county until he removed to Washington, D. C., where he died in August, 1857.
"Ransom R. Belding was born in Fabius, New York. He came to Michigan and taught district school for some time. His education was acquired principally from the common schools of Michigan and New York. In 1836 he entered the office of O. D. Richardson, of Pontiac, as a student of law. After studying the required period of three years he was admitted to practice in 1839. He was a diligent student, and became well versed in his profession. For some time he was clerk of the circuit court. In the fall of 1840 he was elected registrar of deeds for the county of Oakland, which office he held for four years. For a time, in 1841 and 1842, Mr. Belding edited the Pontiac Jacksonian, a democratic newspaper, published in Pontiac. He took a great interest in the cause of education and contributed many articles relative to the improvement of our schools. He had little or no taste for the practice of law, and devoted the most of his time to more congenial matters, notably politics. He died in 1846, in Birmingham, Oakland county.
"Moses Wisner, in his day one of the most noted and promising lawyers of Oakland county, was born in Springport, Cayuga county, New York, June 3, 1815. His education was acquired in the common schools of the country, such as they were in his boyhood days. He was brought up a farmer. In 1837 he left his native place, and migrated to Michigan. He soon purchased a piece of land in Lapeer county, and commenced clearing it for a home. The task was uncongenial, and he decided to abandon it and try his fortune in a different location. He came to Pontiac and entered his brother's office as a student of law. After his admission to the bar Mr. Wisner first removed to the village of Lapeer, and was appointed prosecuting attorney by Governor Woolbridge. He remained in Lapeer but a short time and then returned to Pontiac, entered the firm of Wisner and Hosmer, and engaged in the active practice of the law. He devoted himself assiduously to his profession. It was only a short time before he was recognized as one of the rising lawyers of the country. His partner, Hosmer, was naturally indolent; his brother George was deeply immersed in politics, and the real, hard labor of the office devolved upon Moses. The firm possessed, for that time, a fine library of books and to these Mr. Wisner gave much attention, preparing himself as much as his circumstances would admit for the trial of his cases. In his intercourse with his fellow lawyers he was fair and courteous, never treating them with coarse invective but as professional equals. He had great taste for farming and gardening, was an ardent lover of flowers, and during the latter years of his life he had a great profusion of them around his residence. On his homestead he planted a small forest of pine trees, which still remain after many long years, a monument of his arboreal tastes. Mr. Wisner during his professional career in Pontiac very regularly attended the terms of court in Genesee and Lapeer counties, and there was very rarely an important case in either of those counties in which he was not engaged. As an attorney he was popular and had a large clientage. He gave great care to the preparation of his cases for trial, and if his life had been spared, and he had continued in his profession, very few would have excelled him as a trial lawyer. After Mr. Wisner came to Michigan he connected himself with the Whig party; and upon the formation of the Republican party he joined that, and was quite ultra in his views relative to the questions advocated by his associates. In 1858 he was nominated for governor by the republican party, and was elected. He assumed the duties of his office, and performed them conscientiously and honorably, and, as was supposed, to the full satisfaction of the people.
"John McKinney was elected state treasurer on the ticket with Mr. Wisner. At the time of his election there was not a doubt or suspicion of McKinney's honesty and integrity; every one had the greatest respect for him. The treasurer of Michigan has the control of the state's moneys, and the governor could not at that time remove him unless he was impeached; nor can the governor himself handle, touch, or control, of his volition, one cent of that money. During McKinney's administration rumors arose that matters were not all correct in his office. His friends could not believe that there was any dishonesty in his actions, and they attempted to combat the charges that were hinted against him. Mr. Wisner was among his friends, and believed him to be honest, and he said: 'McKinney is as honest a man as ever lived.' Time passed and McKinney proved to be a defaulter. The time for the nominating of 1860 approached. The Democratic papers all over the state were rife in their charges relative to McKinney's defalcation; the Republicans could not in any way justify him. They saw and heard the statement Governor Wisner had made, that 'McKinney was as honest a man as ever lived,' and they were compelled to drop Governor Wisner. He had made as excellent an administration as any one of his party that preceded or succeeded him; but he was the victim of circumstances over which he had no control; he had to suffer for the acts of another. If there were blame, it must lie with the people who nominated and elected John McKinney; but no blame can be attached to them for they believed him at the time, just as Governor Wisner had said. After his retirement from the office, Mr. Wisner resumed the practice of his profession in Pontiac and continued until the summer of 1862. Then he conceived the necessity of raising troops for the Civil war. The regiment was raised in the counties of Oakland. Lapeer and Macomb, and he was commissioned its colonel, September 8, 1862. The regiment was assembled at Pontiac, on the old fair ground in that city. It was composed of as fine a body of men as could be found in the respective counties, and Mr. Wisner was untiring in his efforts to educate them in their military duties and make soldiers of them. At the time he lived about half a mile from the camp, and the soldiers lived in their tents. Mr. Wisner to allay all feeling left home and took up his lodging in his tent with the soldiers. His regiment, the 22d, was sent to Kentucky near Lexington, where Mr. Wisner was taken sick and died January 5, 1863.
"The first circuit court held in Oakland county was begun on the 19th day of June, 1826, almost six years after the first opening of the Oakland county court. Hon. John Hunt, of Detroit, was the first presiding circuit judge; and that court lasted about four days. The next term of the court was the March term, 1828, and the Hon. Judge Chipman, of Detroit, circuit judge presided; that court lasted one day. The third term held began on Monday the 6th day of October, 1828; Hon. William Woolbridge, and Hon. Soloman Sibley, both of Detroit, circuit judges, jointly held that term of court which lasted two days. From that time, through Michigan's territorial existence, until 1839, the circuit court was held from time to time by circuit judges residing outside of Oakland county. The first legislature that convened after Michigan became a state passed an act dividing it into four judicial circuits, Oakland county being included in the fourth. The office of circuit judge was not filled until 1839; and there was considerable effort made among the various aspirants to obtain the position. The friends of Origen D. Richardson made much effort to have him obtain the office, but they were not successful. After quite a warm contest Governor Mason decided to appoint Hon. Charles W. Whipple, of Detroit. The friends of Mr. Richardson had urged that the nominee should be taken from the judicial district, and this feeling was quite general among the profession; but they yielded gracefully, and acorded Judge Whipple a kind reception. When he came here there had been a long vacation for the'want of a judge, resulting in a large docket; and Judge Whipple held his first term of court in this circuit, in the fall of 1839. The circuit extended northerly to Mackinac county, and westerly to and including Ionia county.
"I have thus briefly sketched a fragmentary history of all the attorneys practicing in Oakland county, prior to 1840. Nearly all of them were more or less intimately associated with its early history; many of them with that of the state, having not only a local reputation, but a state reputation.
"Almost from the first organization of the territorial council, Oakland county was represented in that legislative body. In the various conventions relative to constitutions, Oakland county held important positions, and had its share of influence. It is well, therefore, that the names of the attorneys of Oakland county in its infantile days should be preserved. This particularly also applies to the counties older than Oakland, Wayne, Monroe and Macomb. They have had their influential men, whose names will soon pass into oblivion unless some person, or persons, assumes the labor to preserve, even in the slightest degree, their memory.
"To write such a history is no easy task. A lawyer moves into a town or city, and practices his profession there for several years; he is an able and influential man; he dies; and how long do you suppose it takes for his name to be utterly forgotten? No person thinks of inquiring into his family history, or his birthplace, or his early education; and for any one to assume the duty a half a century later, with little data to aid him, and with few individuals living to whom he can apply for information is, I can assure you, no easy undertaking.
"I cannot close these remarks without adverting to a few attorneys who came into Oakland county, between 1840 and 1845.
"Sanford M. Green was admitted to the bar, and practiced in Rochester, New York. He came to Michigan, and first located in Owosso. He was elected to the state senate in 1842, and after the first
session he removed to Pontiac, and entered into partnership with Governor Richardson. In 1844 an act was passed authorizing the revision of the statutes of Michigan, by a person to be appointed by the judges of the supreme court. Mr. Green, then a member of the senate, was selected by them to perform the duty. From the time of the adjournment of the legislature in 1844 Mr. Green labored assiduously in the performance of his task, re-writing the entire body of the laws of Michigan, and had his revision ready for submission to the legislature of 1846. In 1845 he was again elected to the senate. His revision was duly reported to the legislature and after a thorough examination by the proper committees, and the house, it was passed by both houses, with only a few changes or amendments, and became the law of this state, known as Green's Revision, to take effect January 1, 1847. Since that time there has been no revision of the laws of Michigan; and that fact of itself, is the highest commendation that could be given to Mr. Green's labors. Soon after this Mr. Green was elected circuit judge of the Oakland district and held the office in the Oakland, Genesee and Hay county districts until very recent years. His long judicial life, exceeding that of any other person, 1 believe, in the state, has caused Judge Green to be more generally known than any member of the bar. Some years ago Judge Green prepared a practice for the circuit courts of this state, which has been in use for many years. As a legal worker he has been excelled.by but few persons, and in his ripe old age, and after a long life of practical usefulness he passed away August 12, 1901, aged 94 years.
"Hester L. Stevens was a practicing lawyer in Rochester, New York, for many years. In 1845 he changed his residence and located in Pontiac, opening an office there and commenced the practice of his profession. Mr. Stevens was a man of great erudition both in law and general literature. He was a thorough practitioner, and an eloquent man. Upon his coming to Pontiac he at once obtained an excellent practice. His suavity and courteous manners made him many warm friends. In 1852 Mr. Stevens was elected to congress from the Oakland district. While he was in congress there was a Washington birthday celebration held at Mt. Vernon, and Mr. Stevens was selected as the orator for the occasion. At the end of his congressional term, Mr. Stevens decided to continue his legal practice in Washington, where he remained until his death in 1864.
"Another person who has held a most prominent part in the legal profession in Pontiac was Michael E. Crofoot. He was born March 14, 1822, in Montgomery county, New York. lIe was educated in the common schools, and at Temple Hill Academy, at Geneseo, New York. He began his study of law with Gen. H. L. Stevens, in Rochester, New York, in the spring of 1843, and after Gen. Stevens moved to Pontiac in the spring of 1845, he advised Mr. Crofoot to come to Pontiac which he did in the fall of 1845, and was admitted to the practice of law in the winter of 1846. In 1848 he was elected probate judge, and reelected in 1852, holding the office for eight years. In 1862 he was elected prosecuting attorney, and was re-elected in 1864, holding that office for four years. He took an active part in all educational matters; and in the building up, and improvement of the Oakland County Agricultural Society. He was active in having the Eastern Michigan Asylum for the Insane established at Pontiac, and was a member of the board of trustees for several years. As a trial lawyer, Mr. Crofoot was unexcelled. His practice was not only in the county of Oakland, but in the adjoining counties of Lapeer and Genesee. In his professional matters he was thorough, probing every question to the bottom. He was frank and generous, and in his personal friendships and attachments was warm and sincere. During the last years of his life he suffered most excruciatingly from rheumatic troubles which prostrated him, and rendered him incapable of transacting business. He finally succumbed to the disease, departing this life on the 11th day of May, 1884, mourned and lamented by hosts of loving and appreciative friends.
"I have in the foregoing remarks attempted to give the names of all the attorneys resident in Oakland county prior to 1840, and a brief synopsis of their professional career. In a paper of this nature more lengthy statement could not be expected. Some of them are entitled to a much fuller account than I have given, but it would require much more research than would be possible to embody in this paper. I have not indulged in a fulsome eulogy of any of them, but have given a plain recital of such facts as were necessary to place them fairly before their successors.
"It is not claimed that they were men of superhuman powers, or of extraordinary mental faculties, but they were plain, sensible persons, devoted to their professions; men of intelligence, and some of them of more than ordinary ability. They came into a land sparsely populated, knowing that it had a destiny for great improvement; and they were willing to suffer all the privations of pioneer life, believing that there was a bright prospect in the future; hoping that that future would bear fruit which would fully compensate them for their privations and trials. They anticipated success, and many of them lived to see a full fruition of all their desires.
"It was my fortune to come into this state, and the county of Oakland, on the 12th day of November, 1837, where I have since resided. In the fall of 1839 I was connected with the county clerk's office, and on Judge Whipple's holding his first term in the fall of that year, I was clerk of the court. Prior to that time I had an acquaintance with most of the lawyers in Pontiac, and at the first session of the court all the lawyers in the county were present. From that time onward I became more intimate with them, and after an acquaintance of a quarter of a century, I believe they were as able, as learned, and as sober a body of men as the most of the counties can present. They were an honor to the county and their profession, and I am thankful that I have been permitted to present their names to this society, and have them enrolled upon its records, where they will remain so long as the society exists. Their deeds are part of the history of the state, and when some future historian attempts to write a detailed history of Michigan, the acts of some of these men must therein have a permanent abiding place."