Oceana County MI Archives History - Books .....The Bench And Bar Of Oceana County 1882
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Book Title: HISTORY OF OCEANA CO., CHICAGO, H.R. PAGE & COMPANY, 1882

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.

Additional Comments:
HISTORY OF OCEANA CO., CHICAGO, H.R. PAGE & COMPANY, 1882


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