Chapter 5
Not All Fun

 


     In 1838 the Legislature created a board of county commissioners. But little is left of their records. Emery Beal, Charles P. Bush and Orman Holmes constituted the board.

     The County Commissioners ceased to have authority after the Legislature of 1842 and the board of supervisors was reorganized. It has met regularly ever since that time.

     Judge Kingsley S. Bingham the first Probate Judge of this county, had no official business to perform. His office was, at his residence in Green Oak. The next, Judge James W. Stanbury, lived in Pinckney and held his court there. The first will he admitted to probate was that of James Sage, the first white settler of Howell, who died June 29, 1839. His will was dated January 15 of that year and was officially witnessed by Dr. Wellington A. Glover and wife and O. J. Pinckney. Mr. Sage's son-in-law, Joseph H. Pinckney was appointed executor. The legatees were Mrs. Sage widow of the deceased, and her children, George T. Sage, James R. Sage, Chester A. Sage, Mary A. W. Pinckney and Hannah A. Walker. The date of record is quite badly faded but it was sometime in July, 1839.
(P.55)

     Judge George W. Kneeland who was elected in 1810, moved the office to Howell. His first business was on February 8, 1841, when letters of administration were granted in the estate of Josiah P. Jewett.

     The Presbyterian society held most of its meetings in the village school house, as did both the other denominations, until the year 1840. In 1839 the society began the erection of a church building which was completed the following year. This church originally stood a little north of the Central School House square and fronted to the south, amidst what was then a growth of underbrush. The site proved to be a bad one as in muddy weather, the church was almost inaccessible, and it was moved to nearly the present site of the Knapp shops. Sometime afterward the society became involved by too extensive repairs to the building and it was sold at forced sale, to the highest bidder. It was afterwards moved to Division street and occupied by Staley's wagon shop for a good many years. Its old ruins, about twenty feet from the first school house, still remain.

     When the church was first organized it adopted the union plan but on September 21, 1839, by resolution it became Presbyterian and remained so until July 29, 1843 when it changed to Congregational, but returned to Presbyterian October 27, 1845 and has been in that connection since that date.

     As before referred to there was a determined effort made to move the county site to Brighton and the
(P.56) matter was brought before the Legislature, in 1837 but was defeated by the determined efforts of F. J. B. Crane and others. This agitation however had the effect to defeat all projects to build suitable buildings when presented to the people as heretofore detailed in these pages. The earliest officers who had office in Howell, all made their offices at the Eagle Tavern. F. J. B. Crane built a one story building of two rooms near the site of Mrs. Amos T. Slader's present residence, in 1837 and the county offices were soon moved to it, the building being rented by the county. It was afterwards purchased as will be noted further on. In 1842, the board of supervisors contracted with Benjamin Spring, for the use of his ball room in his hotel in which to hold court, for fifteen dollars, he to furnish wood. This arrangement, only lasted for a short time and the Presbyterian church was leased for holding court and all county meetings. The rental was twenty five dollars per term of court for a time, and later, forty dollars per year, for all county purposes. This latter arrangement continued for about three years, until what, is now known as the old court house, was completed In the spring of 1845, a vote was taken at each town meeting, to build a court house and jail, and the board of Supervisors elected a building committee who advertised for the receival of plans and specifications. By the time the board met in October of that year, they had taken legal counsel and decided that they had not a legal (P.57) right to levy a tax for the same and so resolved.

     In the following year the Legislature passed an enabling act and the board at a special meeting in June, 1846, arranged for the building of the old court house. After some delay, the contract was let to Emos B. Taylor who completed the building late in the fall of 1847. The total cost including extras, was $5,928.

     By a resolution of the Board, the belfry was erected upon condition that the people of Howell should raise a suitable sum to purchase a bell. When the old court house was torn down, the bell was saved by Fishbeck Brothers and others. It has since been properly mounted and stands just inside the bar railing in the circuit court room.

     When it came to building the court house, the location became an important issue. No one had cared particularly where the commissioners should locate the county site except that it should be in Howell but when the buildings were to be commenced that was another question and especially so to Peter Cowdry and Edward Thompson who had platted additions to the village and were sure that if they could get the buildings located upon their land it would prove a boom to their additions. After a proper effort they succeeded in so doing and the county site was changed from the old public square south of Grand River street and west of Walnut street, to its present location, the front part of the present square being donated to the county by Mr. Cowdry and the north half by
(P.58) Mr. Thompson, the land presented including the streets clear around the present square. The lots of the original portion of town had many of them been purchased by speculators who were non residents and this fact with the moving of the county site, had much to do with changing the principal part of the town to the new additions. With the procuring of the new site, the old county office building was moved to the new square in a position about midway between the Present front of the court house and the West side of the square. When the brick Office building was erected on that site it was moved to the north side of the square and was later sold to William B. Smith who moved it a block east on the South side of Grand River street West of Bernard street, where it became part of the residence recently purchased by Oscar Hesse. It has been rebuilt several times.

     Immediately after the court house was finished the board of supervisors passed a resolution to allow all religious denominations to hold services there and the proposition was accepted by all but the Presbyterians who already had their church built.

     The jail and sheriff's residence occupied the ground floor of the old court house and the court and jury rooms the second story.

     In 1849 a contract was let to George W. and Frederick J. Lee to build an office building West of the court house on the site occupied by the wooden office building. This building was completed that year and
(P.59) accepted by the supervisors at their January meeting. It cost $545.20. This building served its purpose until 1873 when it was demolished and a better one took its place for the County Clerk and Register of Deeds offices.

     In 1853 a building was erected for use of the Judge of Probate and County Treasurer, east of the court house, and similar to the one then standing west of the court house, which became County Clerk and Register of Deeds offices after this building was completed.

     When the square was cleared to make room for the new court house, much of the material in the three buildings went into the walls of the present court house. Rail roads were a big thing in those days as well as now and about this time a line was projected from Detroit to Kensington, thence to Howell and thence to Shiawassee village, a line which would scarcely be urged as exceedingly promising today.

     As before referred to a cemetery was located near the southeast part of the lake but the site was not entirely satisfactory to all and another was located nearer town but this proved no more satisfactory than the other. The matter was finally settled by the purchase of the old cemetery, of Edward Thompson in 1840. The first burial was that of Henry Wheeler, a young man who was just entering manhood. The site of the old cemetery is now part of the Toledo Ann Arbor and North Michigan Railway grounds where they are crossed by Barnard street and run a little east of the
(P.60) street where S. B. Rubert's lumber and coal yard is now located.

     About this time or a little before, the village acquired its first resident pastor. Rev. Henry Root who had been employed by the Presbyterian church, moved to Howell as its pioneer in that profession. The people of this county were of a literary taste and in 1843 organized a Union Lyceum which became very popular in those early days.

     About this time the Fleming post office was established. J. W. Smith was its first postmaster and the office was located in his residence which stood nearly opposite to the present farm residence of Frank Hecox, on the Grand River road. It was afterwards moved to six corners where it was maintained until some time after free rural delivery was established.

     The Marr burying ground was also established in the early '40s.

     The old general training days were seasons of revelry more or less important from the first, but their amount in this county were of a comparatively small importance before 1843. As far back as the days of Amos Adams there were some things accomplished in this line and that gentleman painted a flag for use on these occasions, which is still in existence, a treasured relic in the home of George W. Monroe. In 1843 a regiment was organized in this county with Col. Timothy R. Allison of Pinckney, in command. By an order dated Feb. 7, 1843, he divided the county into company beats, Handy and Howell being assigned to
(P.61) one beat. The company from this beat was comparatively well organized with Ralph Fowler of Fowlerville, as captain. The troops were mustered in on old public square, but a portion of the forty sold to M. J. and Alexander McPherson, by Mrs. A. L. Crittenden soon after her husband's death was prepared for training purposes. The general poor success of trainings of this character, to secure the desired results, caused the repeal of the law soon after the above date and ended all extensive efforts of that character in Howell.

     The early pioneers were patriots as strong as many who have come after them. The first Fourth of July celebration in this city was held under temperance auspices, in 1844, in the grove where the Presbyterian church now stands. No attempt was made at fireworks or other evening demonstration.

     Manufacturing in a pioneer way, took quite a boom about this time. Andrew L. Hill opened a wagon shop in 1842. Mr. Hill made the first cutter in town for Philander Glover. It was afterwards purchased by Judge Turner who located here in 1840. In 1846 W. K. Melvin and James Lawther opened the "Arcade shops" and put up the building which years after, was built over into the Commercial Hotel. In 1844, Hickey and Galloway erected a foundry on the site of Mrs. L. V. D. Cook's residence south of the tunnel. They not only manufactured all kinds of agricultural implements, but all kinds of stoves, kettles, etc. The shops were successively owned by
(P.62) Lemuel Spooner and Edward Thompson, W. O. Archer and lastly by Abigal W. Smith and Dexter Filkins, They were burned while the latter gentlemen owned them. Dr. Z. H. Marsh settled here in I847.

     The shores of time in this vicinity are lined with wrecks of select schools and other private educational institutions. The earliest of these was by Theodore Bridgeman who opened his Howell Select School in 1845, in the old Presbyterian church. The school lived only a little while and died in time to make room for the Classical Select School which was started in December of that year by Rev. G. F. McEwen, but this enterprise soon kept company with its predecessor. Mrs. Mariah L. Charles was the next and her select school was quite an institution in the summer of 1846. The Howell Academy was opened April 1, 1846, and promised to be quite an institution but the promises were never realized. The failure of the academy led to the organization of a stock company of $10,000, composed of Josiah Turner. F. C. Whipple, Elijah F. Burt, Alvan Isbell, Gardner Wheeler, George W. Lee, John Kenyon Jr., Almon Whipple and Edward E. Gregory. This firm never did anything beyond the procurement of its charter.

     The old frame school house proved entirely inadequate for the growth of the town and early in the forties agitation for a new one began to grow. An appropriation for anew building was made in 1845, but was reconsidered. A fight between sections north and south of Grand River street was fully developed
(P.63) and lasted several years. The north side was never strong enough to secure the location although they managed to secure south-siders enough to change every location decided upon from 1845 to 1849, and kept the ball rolling from the old public square, the present site of the M. E. Church, and others, until its final location on the present site of the building, December 15, 1848. The question of location would no doubt have continued much longer had not a resolution been passed in September, 1848, instructing the district board to sell the school house which they did and rented rooms in the Stage House for school purposes, John Dickson being employed to teach there. The first proposition was to build a two story brick school house, thirty-eight by forty-eight feet in size but a resolution to this effect created considerable opposition as the proposition to build a "castle". The size was changed to twenty-six by thirty-six feet and the building built for $10,000, by Elijah Coffren. Willis Wills was the first teacher in the new building,

     In I849, a dissolution arose in the Presbyterian church and Charles Clark, Mrs. Mariah Clark, Zebulon M. Drew, Edward F. Gay, Mrs. Clarissa L. Gay, Beniamine W. Cardell and wife drew out of that church and organized a Congregational church.

     The Bible society was organized in 1842 and did considerable work until 1846. A new society was organized in 1849 which has been allowed to lapse
(P.64) although a small stock of Bibles still remained in the care of J. L. Pettibone Esq. until his health failed a few years ago.

     About this time the prevailing epidemic of fun making took a setback. The wife of a blacksmith named Rorabacher died. Her bereaved husband failed to wait a sufficient time after her funeral, to suit his neighbors ideas of propriety, before he married his second wife. One result of this condition of affairs was the arrangement for a regular old fashioned horning. The late Dr. Huntington who was always ready for fun was solicited to captain the horning party but he declined the honor and decided to present a counter attraction. Accordingly he arranged with a couple of confederates and the three crawled up near Rorabacher's house unobserved by its occupants who were all unconscious of what awaited them. In time the horning party arrived, led by Benjamin Spring who was literally covered with sleighbells, As he approached at the head of his crowd, the doctor and his party opened upon them with double barreled shot guns. Spring cut and run, nor would he go back. Some little noise was started however, but word came from the house that the bride had been seared into hysterics and the doctor had a patient on his hands. It took very little coaxing to send the crowd away for the joke was so badly on Spring because of his scare, that everyone pulled him back to his hotel to liquor up at his expense. The
(P.65) whole thing figured out so hard against him that he was never anxious to lead again in anything of that kind and as Sliter moved to Deerfield the two leaders were out of it and things quieted down a bit.

     There were great tracts of land all around, which were unfenced and cattle were allowed to run at large during the days. Occasionally one would come up missing and the theory usually was that it had wandered into some of the marshes and mired out of sight. Johnathan Austin lost a cow and after awhile, gave it up as lost. Some months later a neighbor told him that he had seen his cow pasturing on the public square. Mr. Austin went to the square and finding a cow which looked like his, drove her home. Then Z. M. Drew's cow was reported lost. In time it was reported to Mr. Drew that Johnathan Austin had his cow and he went to claim it. Both men were sure the cow was theirs and a law suit was the result.

     Both were leading members of the Presbyterian church and there was quite a little row kicked up in church circles over the matter. The trial created no end of interest. Both sides presented leading citizens who positively identified the cow and everything looked like an even strength for both sides of the case. Shortly before time for adjournment for supper, Dr. Huntington who was one of the jurors casually asked witnesses on both sides as to the milking qualities. Austin's witnesses agreed that his cow was a hard milker, while Drew's witnesses testified that his cow was a very
(P.66) easy milker. The case went to the jury in the evening and they returned a verdict in a few minutes, unanimous for Drew. During the intermission the doctor quietly went and milked the cow. As soon as they reached the jury room he told his companions what he had done. The fact that she was an easy milker settled the case. In those early days however, it didn't settle the row.

     Another case about that time will remain a standing joke of the county as long as the pioneers remain. A man had been arrested for stealing and was taken into Circuit Court where he stated that he had no money and Attorney Hawkins was appointed to defend him. Mr. Hawkins told the court that he did not want to go to trial without talking with his client and was allowed to go into a room alone with, him. He is said to have asked the fellow if he was guilty and was answered that he was. To his enquiry as to whether they could prove it his client said that he guessed that they could for they found the stolen property with him. Hawkins asked him how much money he had and took half of it. He then pointed to a window and told the prisoner to "git." He "got" and Hawkins went off over town. After awhile the sheriff hunted him up and told him the judge wanted to see him, Hawkins is said to have sauntered leisurely into the court room. When he entered alone the judge enquired where the, prisoner was. Mr. Hawkins replied courteously that he was not the prisoner's keeper and finally said that
(P.67) the last he saw of him he went through a window. The judge hurried officers after him but he was free.

     Another law suit which is still told of by the old citizens was one in which Ira Brayton was defendant. He had become indebted to one of the early pioneers in the sum of twenty dollars and had given a mortgage on three fine yokes of cattle worth several times that amount, but was not able to raise the money and his creditor expected to take the cattle. So sure was he of securing them that he solicited jobs of "breaking up" new land expecting to do the work with these cattle. Ezra Frisbee finally decided to help Mr. Brayton out. Constable Durfee who was long remembered because he always went barefooted, was the officer in the case and learned of Mr. Frisbee's intentions. As soon as the bidding reached the amount of the debt and costs, he struck the cattle off to Mr. Frisbee who left them with Mr. Brayton. In his efforts to save himself Mr. Brayton had acquired a judgment which another man held against his creditor, and had placed this with Constable Durfee for collection. As soon as Mr. Frisbee placed the money on a table to pay for the cattle the constable levied upon enough to satisfy this judgment and the grinding creditor got out of the whole transaction considerably in the hole.

     While most of the pioneers made the best of things and put up with privations, there were those who missed the luxuries of the outside world. Among these was a man named Betts who settled in the north
(P.68) west part of town in the early forties. He came from New York and was always lamenting the fact that he could not enjoy what his neighbors put up with. One morning it was found that he had taken poison and was dead. This was the first experience of this character and was quite a shock for the pioneer settlers.

     Dr. Gardner Wheeler's location in Howell as the first physician here was noted in a previous chapter. He was followed in 1839, by Dr. Charles A. Jeffries who remained here until 1843 when he moved to Washtenaw county. Dr. William Huntington succeeded to his practice when he left Howell and remained here until his death. His son Dr. Wm. C. Huntington practiced with his father for many years and succeeded to the extensive practice which he built.

     Dr. Nichols Hard located here in 1841 and remained for two years. Dr. E. F. Olds moved here in 1843 but never practiced a great deal. He was a fine penman and taught writing school while here. Dr. William Dowlman came here from England in 1846, but never practiced a great deal. He was a Methodist local preacher and did considerable work in that line in the western part of the county. He served as regular pastor at Stevenson in the upper peninsula in the latter' 70s and as far as known never came back here. Dr. Thomas R. Spence located in Howell in 1846 and had an extensive practice for about six years, when he moved to Detroit. 
(P.69) Dr. Andrew Balance settled here in 1848 and held a leading place in his profession for a good many years. Dr. Wm. L. Wells settled in Howell in 1849 and enjoyed a very extensive practice for the rest of his life.

     Attorney Wellington A Glover, Howell's first lawyer, was about two years alone in his profession here and then Josiah W. Turner came in 1840. Soon after settling here Judge Turner was appointed master in chancery. He also became deputy county clerk under Jesse Mapes who held the office at that time, and did the work of the office. Mr. Mapes resigned in February, 1842, and the young lawyer was appointed to the position. That coining fall he was elected to the office and again in 1844. In November 1846, he was elected county judge and re-elected in 1850. In 1856 he was elected Judge of Probate. In May, 1857 he was appointed, Judge of the Supreme Court. In the November election of that, year he was elected Circuit Judge to which he was re-elected three times. In 1860 Judge Turner moved to Owosso, to be nearer the center of his circuit. He continued to make that his home until his death in 1907. He held several important governmental positions after moving to Owosso. In his early years in Howell. he attended to the duties of his official positions, engaged in other lines of business, and built up a nice law practice. Soon after coming here he built the office building just south of the city building, and a residence on the lot now vacant, opposite Fishbeck
(P.70) Bros. shoe shop. He afterward built the house at the corner of Fleming and Hubbell streets, now occupied by R. C. Reed, which was his home for a good many years.

     Fredrick C. Whipple who settled in Brighton in 1841 and was the founder of the Livingston Courier, moved to Howell with the paper, in 1846 and practiced law here for twenty-two years. He served the county as Circuit Court Commissioner, Prosecuting Attorney and Judge of Probate at various times. He was a brilliant lawyer and was recognized as a leading jury lawyer of the state.

     Lauren K. Hewett settled here in 1842 and practiced law for about fifteen years. His brother Lewis H. Hewett was associated with him here for some years. Richard B. Hall practiced law here from 1843 to 1848. He afterwards went to California where he became a detective of some considerable note.

     James H. Ackerson became a lawyer here in 1843. His practice has the reputation of sharp dodging rather than profound law. A story is told that he was employed to defend a man who was guilty of larceny. Ackerson saw defects in the papers and arranged with his man to break them and then run him off while they were drawing new ones. For this purpose he rode one horse and led another when he went out to the country justice's for the examination. The scheme worked and the prisoner got safely away on the extra horse.
(P.71)

     John B. Dillingham commenced the practice of law here about 1845, and had a good business for about fourteen years. He moved to Saginaw in 1859. While here on a visit and business trip sometime later, he was taken suddenly sick and died.

     Justin Lawyer settled here to practice law in 1846 but only remained a few years, moving from here to Union City, Branch county, from where he afterwards moved to Coldwater. He died very suddenly a few years ago, leaving a handsome property. His widow who is remembered here as a most eccentric character, never admits anyone inside the door of her palacial home and never leaves it in the daytime if she can possibly avoid doing so. Practically all her connection with the outside world is done with her telephone.

     Charles C. Ellsworth, first landlord of Gay's temperance hotel, studied law with Judge Turner and was admitted to the bar here in 1848. He married a daughter of Mr. Gay and moved to Greenville in 1851, where he became prominent in his profession and in politics. He served that district in Congress with some little distinction. Another of Judge Turner's students was John F. Farnsworth who afterwards became a Congressman from an Illinois district,

     William A Clark moved here from Brighton, while prosecuting attorney, about 1851. In the early 1860's he moved to Saginaw.

     As noted previously Rev. Edward E. Gregory settled in Howell in 1839. He lived for some time in
(P.72) Rev. Henry Root's unfinished house and as he used to say, "Cooked by a stump in the street," at that time be tried farming, on his farm three miles away. In 1845 he became pastor of the Presbyterian church here and served faithfully in that position for two years. With the exception of a short time in Owosso, Mr. Gregory continued to reside in Howell until his death in 1884. He was of a quiet and unassuming nature but of sterling Christian character. His name was associated with all the organizations for moral uplift in the early days of this community.

     Joseph B. Skilbeck opened a shoe shop in Howell about 1840. His business was gradually developed into a general store which he carried on for a number of years, acquiring a good property which kept him in plenty in his declining years.

     John R. Neely came here about the same time as Mr. Skilbeck. He was a mason by trade, the pioneer in that line of business to live here. Several of the older buildings are monuments of his labor.

     Joseph Howe the pioneer tailor was another to arrive about that time.

     The Livingston Courier, a five column folio paper, was the first published in the county. Its first issue was at Brighton on January 10, 1843. Nicholas Sullivan was its first publisher and Frederick C. Whipple was its first editor. Early in October, 1843, it was moved to Howell by its publisher and Lewis H. Hewett was employed as editor. Its first issue in
(P.73) Howell was October 11. About three years after moving to Howell, Mr. Sullivan sold the Courier to E. R. Powell and it was afterwards owned by William B. Smith and George P. Root. Under Mr. Root's management the paper died in 1856. A few advertisements from the Courier of May 10, 1848, may be of interest:

     "The Livingston Courier will be issued every Wednesday morning, at the village of Howell, Livingston County, Michigan, E. R. Powell editor and proprietor. Terms: One dollar and fifty cents per annum in advance otherwise two dollars will be required in every case." 

     "Hewett & Hall, Attorneys and Counselors at Law and Solicitors in Chancery, office over Lee's, store, Howell, Livingston county, Mich. L. H. Hewett, Prosecuting Attorney. R. B. Hall, Notary Public."

     "L. K. Hewett, Attorney and Counselor, Circuit, Court Commissioner. Office opposite the Public Square, Howell."

     "Z. H. Marsh, M. D., Physician and Surgeon, Office one door east of the Post Office, Howell, Liv., Co. Mich."

     "A. S. Hollister, Watch Maker, Clocks, Watches, Jewelry, &c., of every description, cleaned, repaired and warranted. Shop one door east of the Livingston Hotel."

     "John W. Smith, Justice of the Peace, Office one door west of the Post Office, over W. Riddle's store, Howell, Mich."
(P.74)

       "Livingston Hotel, by N. Sullivan, Howell, Livingston County, Michigan."

     "Union Hall, by N. Smith, Howell, Mich."

     "New Harness Shop, Opposite the Court House kept by A. Hiscock."

     "Physic & Surgery. The undersigned having formed a partnership for the purpose of practicing the above profession, will be ready at all times, (unless engaged in professional business) to attend such as may require their services. Gardner Wheeler, Thomas R. Spence.''

     Advertisements also appeared for Clark & Hopkins and W. A. Buckland, general merchants; Bush & Co. grocers, and L. K. Hewett, wheat buyer. The only item of local news in the whole paper read as follows: "Going Ahead. Our village is progressing with rapid strides; building after building is arising on either hand, while the hand-saw and hammer of the carpenters almost deafen one. Tearing down, drawing off and rebuilding, is the order of the day. Messrs. Hinman & Bush and Hewett & Huntley have commenced the cellar for a large two-story brick block to be occupied as stores and offices. Onward is the march of empire. We are creditably informed that the entire stock of the Plank road from Detroit through this place to the capitol, will soon be taken and finished to this place. We opine such good luck for the present."

 

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