CHAPTER IX

The first session of the probate court in and for Oakland county was held at the house of Col. David Stanard, in the township of Bloomfield, in said county on the 15th day of June, 1822, Judge William Thompson presiding. On the application of Maj. Joseph Todd, Mrs. Elizabeth Harding was cited to appear on the 27th instant next ensuing, and file her petition before the court for administration on the estate of Eliphalet Harding, deceased, and the court adjourned to that time and the same place. On the 29th of June Mrs. Harding appeared, and, together with John Todd, was appointed administratrix of the estate of her late husband. Messrs. David Stanard, Calvin Gibbs, and Charles Howard were appointed appraisers. Before the inventory and appraisement were returned the widow married, and Judge Thompson evidently considered her wedding equivalent to her funeral, for he designated ever afterwards Mr. Todd as the surviving administrator. The Harding estate proving insolvent, the late widow received $162.84 only, of the goods and chattels of the estate.

The first inventory filed in the court was that of the estate of J. S. Davis, deceased, September 7, 1822, the same footing up $498.50 on personal property and $390 on real estate. The widow received $300 of the personal property and the balance was sold by the appraisers. Sidney Dole and David Perrin were commissioners to audit the claims against the estate. The third session of the court was held at the house of Olmstead Chamberlain, in the village of Pontiac, the next session at Colonel Stanard's and the fifth at Maj. Joseph Todd's, in Bloomfield. All of these sessions had been special ones, held for emergency called for the exercise of the authority of the court. But at the fifth session regular sessions were ordered to be held on the first Saturday of each month, in Pontiac, at the office of Daniel LeRoy, Esq.

The first order of distribution of an estate was entered April 5, 1823, in the estate of John Prindle, deceased, upon which administration was granted December 16, 1822. The first letters of guardianship were granted August 22, 1823, to Nathaniel Millard, guardian of Maria, Aaron W. and George B. Webster, children of Aaron Webster, deceased.

On December 15, 1823, regular sessions were ordered to be held at Bloomfield, at the office of the register, on the first Saturday of each month.

The first lunatic examined and restrained was Imri Fish. Elijah H. Fish was appointed guardian of his estate May 7, 1825. The first will probated in the court was that of Alpheus Williams, deceased, which was proven September 6, 1826, and executed on the 19th of April preceding.

The judges of probate from the organization of the county to 1836. all of whom were appointed by the governor, were as follows: Dr. William Thompson, 1821-24; Nathaniel Millard, 1825-6; Smith Weeks, 1827; G. O. Whittemore. 1827-28; W. F. Mosely, 1828; Ogden Clarke,

August, 1828 to August, 1832; Stephen Reeves, August, 1832 to 1837; and he was then elected for a term of four years and reelected for another term of the same duration, ending December 31, 1844. He was succeeded as follows: M. La Mont Bagg, 1845-48; M. E. Crofoot, 1849-56; Oscar F. North, 1857-61; Harry C. Andrews, April, 1861-63; Z. B. Knight, 1863-68; Alfred Crawford, 1869-72; Junius Ten Eyck, 1872; Joseph C. Powell, 1873-76; James A. Jacokes, 1877-80; Joseph C. Powell, 1881-84; Thomas L. Patterson, 1885-1900; Joseph S. Stockwell, 1901 to January 1, 1909; Kleber P. Rockwell, 1909 (present incumbent).

Circuit Courts And Judges

The circuit courts of the territory were created by the legislative council in August, 1824, and which reenacted the same in April, 1825, the act taking effect in the following September. As stated, these courts were held in each of the organized counties of the territory by the justices of the supreme court.

The first term of the court for Oakland county began June 19, 1826, with the following present: Hon. John Hunt, judge; William Morris, sheriff; William F. Mosley, prosecuting attorney; Sidney Dole, clerk; Calvin C. Parks, Walter Sprague and Joshua S. Terry attended the court as constables, and Ziba Swan, Jr., and Schuyler Hodges as deputy sheriffs. William Burbank was foreman of the grand jury. The grand jury found four indictments for murder—two against Imri Fish and two against a Chippewa Indian called Sa-Kosse-Ka. The indictments against Fish were for the murder of two women, Polly and Cynthia Ann Utter. The jury brought him in not guilty on one charge, and the other indictment was nolle prossed by the prosecuting attorney. The prisoner was discharged from the indictments, but held under charge of insanity, which was proven on trial. He was kept in the county jail for a time and finally died. In the trial of the Indian, Sa-Kosse-Ka, for the murder of Sha-bo-ga-shek, Whitemore Knaggs was sworn as interpreter, and A. M. Robertson and O. D. Richardson were assigned as the Indian's counsel. The jury returned the prisoner not guilty; and the second indictment against him for the murder of Ka-ka-on-quet was also thrown out of court. Mosley was allowed f1fty dollars for his work on the term.

At the June term, 1827, Hon. James Wetherell presided, and one William Dunlap declared his intention to become a citizen of the United States, which constituted the entire business of the term. Judge Henry Chipman presided in March, 1828, one day only being held. In October, 1828, Judges Woodbridge and Sibley presided. The first conviction for horse-thieving was had at the March term in 1829, Platt Winchell being indicted and tried at that time, and sentenced to six months' confinement in the county jail and a fine of two hundred dollars and costs, and to stand committed until fine and costs were paid. The March term was opened by Hervey Parke, sheriff. The October term, 1832, held by Judges Sibley and Ross Wilkins, was the last term of that court.

On the 15th day of April, 1833, "the circuit court of the territory of Michigan" was created, the organized counties of the territory constituting one circuit, and the presiding judge to be styled the circuit judge, to be appointed by the governor, and who must be a person learned in the law, and should hold his position for four years. Two associate judges were also to be appointed in each county, to hold their offices three years. Any two of the judges could form a quorum for the transaction of the ordinary business of the court, but no flagrant crime could be tried in the absence of the circuit judge, unless the person charged therewith consented to a trial. These courts possessed chancery and common law jurisdiction, original in all civil cases where justices had not jurisdiction, and had cognizance of all offenses not similarly cognizable by justices, and appellate powers over justices. The circuit courts existing at the time of the passage of the act were in the act denominated "the superior circuit courts of the territory of Michigan," but the business on their dockets was transferred to the new tribunal.

The first term of this court was begun June 23, 1833, in Pontiac, Hon. William A. Fletcher, circuit judge, presiding, with Amasa Bagley as associate judge. Judge Fletcher's commission, issued by Governor Porter, was read, and spread on the record. At the July term, 1834, Daniel LeRoy and Bagley appeared as associate judges. The June term, 1836, was the last term of the circuit court of the territory of Michigan, held in Oakland county, though in November the last representatives of the old regime—John Goodrich, deputy clerk; Orison Allen, sheriff; and Oliver Torrey, the crier—met, and the sheriff returned the venire for the grand and petit juries, the most of whom appeared; but no judge came, and the court was adjourned by the clerk until the next morning, November 2d, when the same august person came into the court room at nine o'clock A. M., with the balance of the jury; but the day wore on, no judge appeared and at five o'clock of the second day the court stood adjourned sine die.

The first term of the circuit court of the county of Oakland in the state of Michigan, was held in May, 1837, beginning on the first Tuesday of the month; Hon. George Morell, one of the associate judges of the supreme court, presiding, with Samuel Satterlee and David Paddock, associates. G. A. C. Luce was the first attorney admitted to the bar in the state court, May 2, 1837. This style of the court continued until October, 1839, when a court was held, styled the circuit court of the fourth circuit within and for the county of Oakland, at which Hon. Charles W. Whipple, one of the associate judges of the supreme court, and presiding judge of the fourth circuit, presided, with Associate Judges Satterlee and Paddock. In the March term, 1840, the placita, designedly or otherwise, changed to the circuit court of the county of Oakland. In 1847, at the September term, Judge Whipple held 'the term alone, the associate judges falling out by law, on the reestablishment of the county court. In April, 1848, another change was made in the courts, the supreme court being recognized and made to consist of one chief and four associate justices, and the state was divided into five judicial circuits, each one of the supreme court and justices to hold at least two terms in each county in the circuit assigned to him, and in the execution of that duty to be styled circuit judge.

The first chancery case brought in the county was commenced in the circuit court, October 2, 1830, John Biddle of Detroit, complainant, and Henry Reynolds of New York, defendant, the action being a bill for the foreclosure of a mortgage. The bill was drawn by G. O. Whittemore, solicitor for complainant, and describes the mortgaged premises as "being situate, lying and being in the county of Oakland, in the territory of Michigan and known and described as the west part of fractional section II, township 2 north, range 9 east, of lands directed to be sold at Detroit, by the act of congress entitled 'an act providing for the sale of the lands in the United States in the territory northwest of the Ohio and above the mouth of the Kentucky river.'" After laying before their honors, the court, the complaint of his client, expressed in piteous terms, the solicitor concludes the same by a most humble prayer that their honors would grant their orator "the most gracious writ of subpoena, in the name of the United States of America, etc."

The first divorce suit was brought in this court July 12, 1834, being the bill of complaint of John Runyan, against his wife, Eunice Runyan, who he alleged had deserted him and also had been guilty of adultery. John obtained a decree of divorce from Eunice in February, 1835, which released him and his property from any claim she might make by virtue of her former wifehood rights; but the decree did not specifically state that either party might marry again. The complainant was fifty-eight years old and the defendant fifty-five.

At the October term, 1837, of the circuit court, fifteen libel suits were brought on charge of corruption growing out of the election for member of congress, in September of that year. There were two days used in polling the votes at that time and General Crary, the Democratic candidate, came out some thirty odd votes behind his competitor in the race in Pontiac township, much to the chagrin of his friends. Some of them charged certain of the Whigs with tampering with the ballot box, and issued a hand bill to that effect, which called forth the suits above named. Four of the suits were compromised by taking a judgment of fifty dollars, which were affirmed by the supreme court; seven were dismissed; one was tried and a verdict of three hundred and thirty-three dollars was found for the plaintiff and affirmed by the supreme court; the others were transferred to Genesee county for trial.

The regular circuit judges commenced to held court in 1848, previous to that year various associate judges presiding over it, as follows: Hon. James Hunt, 1826; Hon. James Witherell, 1827; Hon. Henry Chipman, 1828; William Woodbridge. Solomon Sibley, Henry Chipman and Ross Wilkins from 1828 to 1833, when the circuit court of the territory was created. . From June, 1833, to 1837, Judge William A. Fletcher, an associate judge of the supreme court, as chief justice, and Daniel LeRoy and Amasa Bagley as associates, held the court. The judges of the first circuit court from June, 1826, to June, 1833, were all members of the supreme bench of the territory. In 1837 and thence to 1839 the courts were held by Hon. George Morell, one of the associates of the supreme court, and Samuel Satterlee and David Paddack, associate judges of Oakland county. From 1839 to 1848, Charles W. Whipple, an associate of the supreme bench, was the presiding judge of the circuit court of Oakland, Daniel Paddack, G. O. Whittemore, Jeremiah Clark and Ziba Swan being the associates. In 1848 Judge Whipple was made chief justice of the supreme court.

Since 1848 the following judges have presided: Sanford M. Green, 1848 to January 1, 1852; Joseph T. Copeland, 1852 to January 1, 1858; Sanford M. Green, 1858 to January 1, 1870; Joseph S. Dewey, 1870 to September 1, 1873; Levi B. Taft, September, 1873, to January 1, 1876; Augustus C. Baldwin, 1876 to April 14, 1880; Silas B. Gaskill, April, 1880, to January 1, 1882; William B. Stickney, 1882 to January 1, 1888; Joseph B. Moore, 1888 to January 1, 1896; George W. Smith, 1896 to date.

Prosecuting Attorneys

The following were appointed prosecuting attorneys by the governor between 1820 and 1853, to-wit:

Daniel LeRoy, Gideon O. Whittemore, W. F. Mosely, Thomas J. Drake, Origen D. Richardson, John T. Raynor, George Wisner, James B. Hunt, James McCabe, A. H. Hanscom and Hester L. Stevens.

Elected by the people as follows: Augustus C. Baldwin, January 1, 1851 to January 1, 1855; Charles Draper, 1855 to 1861; Junius Ten Eyck, 1861 to January 1, 1863; Michael E. Crofoot, 1863 to January 1, 1867; Oscar F. Wisner, 1867 to January 1, 1869; Michael E. Crofoot, 1869 to January 1, 1871; Henry M. Look, 1871 to January 1, 1873; Charles Draper, 1873 to January 1, 1875; James K. Patterson, 1875 to January 1, 1879; Aaron Perry, 1879 to January 1, 1881; Samuel W. Smith, 1881 to January 1, 1885; Arthur R. Tripp, 1885 to January 1, 1889; George W. Smith, 1889 to January 1, 1895; Frederick Wieland, 1895 to January 1, 1899; Kleber P. Rockwell, 1899 to January 1, 1905; Frank L. Covert, 1905 to 1911; Carl H. Pelton, 1911 (present incumbent).

The Court Of Chancery

The court of chancery provided for by the constitution of 1836 was created in 1837, and the sessions of the court held up to 1840 in Detroit. The powers of this court were coextensive with those of the chancery courts of England, unless otherwise specially prohibited in the constitution or by legislation. The presiding judge was called a chancellor, and was appointed by the governor for the whole state, and registers were appointed for each circuit. The first circuit included Oakland county, but in 1840 two new circuits were formed, the fourth circuit comprising the counties of Oakland, Genesee, Lapeer, Saginaw, Shiawassee and Clinton, the headquarters of the circuit being Pontiac. In 1839 the chancellor's court was given cognizance of the banks, and in 1841 the power was extended to partition and sale of lands concurrent with the circuit court. The supreme court possessed appellate powers over this court. The first term of the court of chancery was held in Pontiac in September, 1840, Hon. Elon Farnsworth, chancellor, being present, and Frederic A. Williams, register. The first case on the docket of this court was that of W. H. H. Sheldon, complainant, vs. Henry Bishop, Jane Bishop, Charles Postal and James Minot. The first two defendants were residents of Michigan, and the others were non-residents, and the complainant was ordered to publish notice of the pendency of the suit in the state paper at Detroit. On the 20th of May, 1840, the chancellor ordered a private seal to be used until a public one was made for the circuit. J. R. Bowman was appointed assistant register and Alfred Treadway was appointed taxing-master. The first decree of foreclosure to be entered in the court was on the 5th of May, 1841, in the case of Joseph B. Varnum, Dudley B. Fuller and John A. Graham, complainants, vs. Omstead Chamberlain, Mary C. Chamberlain and Moses Wanzer, defendants. The amount of the decree was $2,411.77, the premises ordered to be sold being lot 66 of Pontiac.

In the spring of 1842 the official head of the court was changed, when Randolph Manning came into office. He held that position until 1846 when Hon. Elon Farnsworth again came into power, and so continued until the court was abolished in 1847. Alfred Treadway was appointed register of the circuit in 1842 and he held that position throughout the existence of the court. The business of the court was transacted and closed up by the associate justices of the supreme court, who held chancery terms of the circuit court. The injunction masters succeeded the associate judges of the circuit court in 1847, and they in turn were succeeded by circuit court commissioners in 1852.

Circuit Court Commissioners

Circuit court commissioners were provided for in the constitution of 1850 to take the place and possess the powers of the masters of chancery prohibited by that instrument, and the first one was elected in 1851. Previous to this date, masters in chancery had been named by the governor, and among those who filled the office at different times previous to 1851 were Morgan L. Drake, 1847, and Calvin C. Parks, 1848. The first' circuit court commissioner to be elected was William W. Phelps, who held the office two years (a single term), 1852-53. He was succeeded by Junius Ten Eyck. 1854-57; Edward P. Harris, 1858-61; James A. Jacokes and Joseph R. Bowman, 1862-65 , Mark S. Brewer and Byron L. Ransford, 1866-69; James K. Patterson and James A. Jacokes, 1870-71; Joseph E. Sawyer and Thomas Curtis, 1872-73; James A. Jacokes and Edward J. Bissell, 1874-75; Edward J. Bissell and George W. Smith, 1876-77; Edward J. Bissell and Arthur R. Tripp, 1878-79; Arthur R. Tripp and James W. Bateman, 1880-81; James W. Bateman and Cass E. Harrington, 1882-83; Cass E. Harrington and Chauncey F. Newkirk, 1884-85; James H. Lynch and Peter B. Bromley, 1886-91; George E. Beardslee and Michael F. Lillis, 1892-93; Frank L. Covert and George Hogle, 1894-99; Charles J. Ostrander and Judson A. Fredenburgh, 1900-03; Charles S. Matthews and Fred M. Bond, 1904-05; Charles S. Matthews and John M. Feir, 1906-07; Charles S. Matthews and Elmer E. Blakeslee, 1908-10; Elmer E. Blakeslee and E. B. Howarth, Jr., 1911-12.