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Ann Arbor Memories

Ann Arbor Memories image
Parent Issue
Day
9
Month
May
Year
1894
Copyright
Public Domain
OCR Text

The follówiijg artlcle, taken from the Suaiday News-Tribune, wrítten by Mr. "Winder, of Detroit, wlll be found very tntereatïng most of our readers : Kzra C. Reaman carne to Detroit In 1859, nnd for ten yeara was a praeticing lawyer in this city. He then spent (our years In Washington and was afterward a resident of Ann Arbor until he died (lfteen years ago. He was a man of Integrlty and moral worth, a lawyer of high standing and character and au alile writer on ecientific and constitutional subjects. He was bom at Chatham, Columbia county, N. Y., Oct 14, 1805. His father, Syüvanua Seaman, was of Quaker parentage, and his mother, Lydia Champion, was of 1'urita.n extraction. Soon after his birth hls párente removed to the southwestern part of the town oí S-aratgoa, and lie received a liberal education there and at Ballston Springs. He otudied law and was admitted to practice by the supremo couri in 1831, wheii he was twenty-eix years oi age He practiced law in Ballston Springs, tlie county feat of Saratoga county, for five years. He then removed to Norwalk, 0., and lived there some time. and in 1S39 carne to Detroit to practice in a new íield. In person he was rather tall and gaunt, being nbout five feet ten inc-lies in heiglit and weighing about 160 poundfi, with nn erect carriage, broadshouldered and raw-boned. His features were strongly marked with keen black eyes, a clean shaven face, and large hands and feet. His head was largO and broad, in later years, quite bald, and his oalr and complexion were light, and he generally wore a black claw-hamrner coat and a tall silk hat. Wnlle agreeable and pleasant in 'social intercourse, hls conduot at the bar was the very reverse. There his manner was aggressive and dORanatic- two peculiaritios which made him rather unpopular witli hls legal assocdates. In addressing the judge or jury he always kisisted that his side of the oase was ideally correct and proper, and that the arguments of the other side were not entitled to the slightest consideration. He was also rather diffuse and prosy, and it was noticed that nervous judges during his arguments would irequently rise aaid walk up and down on the judicial platform. He was a whig in politics, 'and afterward a republican, but he took little part in politice. KNEW HK WAS UIGIIT. A man of strong convictions he never hesitatedto speak lijs mind on any subject, 'his criticisms sometimes being directed at rthe supreme court, especially when that tribunal gave an adverse decisión on cases in which he was interested. In 1844 when that court reviewed the case of Green vs. Graves, and üecided that the general banking law of the state was unconstitutional, Mr. Beaanan was particularly indignant. His practice at that time was almost exclusively in banking cases and the decisión struck hiiu hard and leít hiin for a time with hardly any bustnesa whatever. His phillipie on the court of last resort at that tiiiii' was a curious iiroduction, and is well remembered by the old lawyers throughout the state. In 1847, while praeticing in Detroit, he had his briefs and arguments printed before submitting them to the courts, and was probably first lawyer to do so tn the western states. The adva.ntages were so manifest that the profeeion in this city followed suit, and In 1857, wlicn the supi-eme court was reorganizetl and made a purely appellate tribunal without any circuit duties, it was ordained that all such. dcouments filed before it should be printed. EDITORIAL RXPEUIENCES. In 1849 he was appointed as chief elerk under his frien-d, Elisha Whlttlesey, second comptroller oí the United States, and serevd in that departniemt at Washington until 1853. He returned to Detroit, but in the spring oí 1855 removed to Ann Arbor, where he resumed the practive of law and was in jiartnership with Tracy W. Eoot from 1855 until 1862, whea Mr. Eoot was eJected county clerk and the partnership came to an end. After that time he did not practice law very actively. During the adininistration of Governor Ktagsley 8. Bingham, irom 1855 to 1860, he was inspector of the Michigan State Prison. In the former year he commeaiced a term of journaltetic work by purchasing a lialf interest In the Ann Arbor Journal, a republican sheet, and was its editor until 1867. His partner during that tiane was Jamee M. Cole, now a resident of Jackson. In 1868 he went on a tour of Europe and visited the principal countries of the old world. OLD TIME TRIALS. During the tinne that Seaman practica at the Waehtenaw bar the proecedtags in the courts were conducted in a rather primitive and unconvenventional style. This Avas also the rule tamil the other rural circuits, and sometimes even Invaded tlie tem] of Juetlce in Detroit. Caeos were not often set down for a day oertain, and all the litigaurte and their witnesses had in appear in town on the first day ai the term and rernaln there until their ciases were disposed of. The taverns and boarding houses would be jammrd i'ull, each bed as a rule being required to do doublé duty, and the saloons and bars did a thrlving business. "Court week" would aleo be punetuated wlta wordy controversies botween the litigants, on üie streete and in the .saloons, and these rencontres wouM frequently result in free fights, followed by arrests and trials before a jnstice of the peace. Oourt week was always ;i week of disorder. In the courts a carefully prepared ariiinncnt on either or both sides of a case was a rarity. As a rule the lawyers commenced their cases with very little knowledge, of the facts or ijreparation of any kind. Like the actor who "wings his part?"- ie., studies it between the scènes- the a-ttorneys would spar off and paddie ahead with a few gcneralities, trustIng to nequire Information from the e iik-noe. and would reserve their foree for the concluding speeches, in which the opposlng side would be attacked with ïerocity and abused without Btint. J.awyars bestowed upon each other such unpleasant epithets as "liars," "bloate," "fools," etc. This was 80 common that the courts generally uttered only stereotyped protesta and warnings. When the language was unusually profane or gross the controversiaüsts would sometimes be fined for contenipt, but even that puiii-hnient seldom stopped the bülimgsgate. The fines would be paia and the utterer would manage to say by implication that his contempt for the court was imcreased bjr reason of the punlshment. HOW HAWKINS SECURED DEI-AY. Aii lnstanoe of the way things were done in the ffashtenaw court occurred ome afternoon in the fifties. A case was called, when Olney Hawkins, a well-known attorney aïIio defended the oase, was sent for. He appeared and said that all his witnesses were absent, and as they lived in Lodi township, ten miles away, the oase should be eontinued. Judge Lawreiice said that timely notice had been giv-en and that the trial must commence right then. Hawkins protested, but the Judge insisted and the jury was called. Hawkins then talked agaiaist time. He objected to everything, ehallenged the whole array ajid anade an hour's speech. The judge overruled his objectloos, and he then objected to each of the jurors and used up the whole afternoon in tliis way. When the court was adjourned for the doy, Hawkins heaved a sigh of content and immediat-ely dispatched a metsenger to Lodi township. !Next moming the witnesses were all present and the case went on. THE TIIAYER-MORGAN CASE. öne of the famous chancery cases of the AVaslitenaw county bar, and In whlch Beaman was retained from Lts commencement until its close, was the suit oí Captain ïhayer against Elilah VV. Morgan and WUliaan Cheever, tudmlnlstratora of the estáte of W. S. Maynard. Morgan and Maynaii-d were the surviving trustees of the old Ann Arbor Land Company, oï whlch Thayer was one of the stoekholders. The defendant was E. W. Morgan wlio had acquired tlie interests of the company, and was ed by Thayer wltn trymg to ireeze kim out. Seaman, as attorney foiThayer, filed a bilí in the Washtenaw county court in 1807 uskiiig for aai accounting and distribution. Tlie case dragged along in the courts year after year, and threatened to be a masterpiece and monument of chancery practice, like itó great prototype, Jamdyce vs. Jarndyce. Every lawyer in the circuit appeared in it, om one side or the other, and the papei-s finally filled np a large sized trunk. Whenever the court had a few spare hours Thayer vs. Morgan was called, and tlie lawyers iniinediately feil to arguing one of the riumerous "fine points" with which the case fairly bristled. In these man was üi hiis element and was, if potsible, more dogmatic and coinbative than usual. One day liter a wtady debate witli Morgan they both became heated and ftaally had a fistaaid-skull fight in the sacred precincts of the court room. THE LAWYERS NONPLUSSED. In course of time the oase beeame so intricate that the court and the lawyera beeame bewildered, and at last did not appear (to know what they wantecL One day Judge Higby, after listeming to four hours of argument suddenly turned to Morgan and said: ''What decree do jou want?" The question was like a blow be tween the eyes. Morgan hemme amd hawed and finally etaminered ou that he wanted a decree in accord anee wíth hls rights The judge then turned to Seama and asked the sanie qnestion. Th liitter was nlso too much disconcert ed to makc an adequate reply. "If cu' jjou gentlemen will ilrnw ui) ;i decree embodykig what yon want I wlíl sign lt," aald the Judge. The ironical lininor of the ]i knoeked out lioTli parties, and the case was not settled. It caume up (ram time to time until August 31, it-76. when the late Judjiv George W. Huntlngdon finally gave a most intricate decree for the distribution of si 7.000 amomg the surviTing sto:-kholdere. THE TAPPAN FIC.HT. In 1862, and subsequent years, Mr. Seaman was an ardent admtrer and supporter of Dr. Tappau, president of the Btate Dniverslty, in the fight with the board of regent?. Formerly the memhers of the board Avere elected by distrlcts. Dr. Tappan had many friends in the state and it was belteved tliat if the law were chaiiged and the regents eleetetl from the state at large. that he would be sustained by the new board. Seainan went t o Lonelng m lSül and sueceeded in lobbyiiifï a bilí throuah tlie leglslature subanitting a constitutional amendment to the people. whioh, if adoptaj, would make the deslred ehange. In thlü matter Dr. Tappan's iriends were entirely succeestu!. The amendment was adopted, and at the next state electlon seven out of the eight regents eleetetl were friends of Dr. Tappan. The old board adjourned thelr June meeting until after eommencement and t hen deposed Dr. Tappan and appodnted Erastus Otis Haven as liis suecessor. The uew board, which went into commission January 1, 1S64, were expeeted to reinstate Tappan, but they did not, to the intense disgust of Seainan and other warm friends of the ex-president. The students were enthusiastically in favor of thelr old president, and held an indignation meeting in which they denounced the conduct of the new board, The newspapers took up the quarrel all over the state, and Seaman was in the thlckest of the fight, battling for nis friend. Professor A. D. White, one of the üniversity faculty, now president of Cornell, took up the cudgels for the other side, and he and Seaman had a long literary duel in the newspapers, in which their arguments bristled with denunciation, ridicule and sarcasm. The change of heart jn the members of the new board was doubtless attributed to their belief that the reinstatement of Professor Tappan, who had tnany enemies as WB as friends, would work more mischief to the interests of the University than in leaving Dr. Haven undisturbed in the presidency. HIS LITERARY WORK. Although a very fair lawyer bis est work was as a writer. In 1S46, while in Detroit, he published 'Essays n Progresa of Ñatións." While a resident of Washington, in 1852, ie publieshed two supplements to his vork, aixd later a second revised ion. In 1870, wliile in Arm Arbor, ie published "The American System í Government," wMch was tranalated toto the French language and republislied in Belgram. In 1872-73 ie publlshed "Views of Nature," and also prepared documentary papers lor He National Prtecm Association. One of Jiis essays, outitled "Life and Sponaneous Generatiou," iiisfc read beïore he Ann Arbor Seientific Association, reated wlde-spread interest, and was iscussed in seientific circles throughout the United States. His wrlttoga show onsideruble 'o:C3 iiul versatility of intellect, but tliey lid not bring any inaterial addition to lis income. AVhen engaged in ary work liie led the liïe of a recluse, nul seldom appeared on the street?, except for a eonstitutional. He stimulated 'his mental powers in such work by drinküig immense quantilee of strong green tea. HIS P03R PSDALS. He was not a man with whom libextiee could be taken, and no one would venture to make a tmtt of liira, but his peculiarities and queer character afíorded a great deal of amusement for Ms fellow lawyers wlien he was not present. His feet were a conttoual gource of jokes, and during his al sejise would frequently be averted to. One day Judge Lawrence told the sliert!! to oan mr. seamaii, um n.v torney Chauneey Joslyn, afterward Circuit Judge, arose and in very respectful tooies, sakl : May it please the court, it is not necessary to put the sheriff to the trouble. Mr. fieaman is coming now. I hear nis toes knocking around the trees in the court house square." The lawyers whu practiced at the Washtenaw county bar vied with each other in resurrecting all the timewom jokes about big f eet, and applying them to Mr. Seaman's pedal extremities. One was that lie wore No. ló's ; aaiother was that -when he went to a house he could not ring the bell without turning his baco to the door, and another was to the el fect that his folks could always get supper ready for him in good time because wben they saw his feet com ing round the corner they set th kettle ooi, as they knew he woul be home ,soon. HAD HIS TOE CTT OFF. Although a man who was not ap parently disturbed by ridicule or hostile critieisin, he t ook tlr.s ridcule to 1,,.,-irt. He nv,-,rinl)ly wore boots or shoes whleh were mueh smaller tiian liis feet, which, oí eourse, gave liiin a great deal of pain and discomfort. Hfe toes were po crushed and crowded together by hls tight boots ttoat the secoiul toe was liited up and la.y on top of its two nelgbbors. One of these ''riders" afïlicted him so anucli that one day lie called in a medical student who was boarding 'm his house. The student was a precocious surgcon. and had instrumente in his possession. ïaking off bis shoe he said : "I wish you to ampútate that toe." 'Wny, there is nothing the matter with is," said the student. "I don't care. It must coine off,' said Seamani And come off it Cid. They didn't use anacstheties in those days, and he bore the pa.inful operation without a groan. Sme old citizens of Ann Arbor say that thds operation took place a short time before his death, and that it really was the existing -ause of his tak'.aig off. HIS l'AMILY. Mr. Seaman mavried in 1835 Mariette Eoe, daughter of AValter P. Doe, a retired gentleman of wealth and prominence at Welton, Saratoga Co., X. T. The unión resulted in the birth of three eons, who all died. August B. Seamam died in infancy in this city in 1845 ; Walter Doe Seaman ,born iin Xorwalk, Ohio, was drowned in Detroit in 1840, aged twelve years and six months. Another son, Marshal Seaman, was twenty-five years old when he died of pulmonary consumption in the insane anylum at Kalamazoo. Mr. and Mrs. Seaman's home in Detroit was on the west side of Griswold street, where the Buhl block now tande, and they both attended St. Paui's Episcopal cliurch. They also attemded the Episcopal church at Ann Arbor, of whieh Mrs. Seaman was a member. Although Mr. Seaman was a regular attendant, he could scarcely e called a worshiper, as iie invariably went to sleep, and always with a placid smile on nis face. His sluinbers were sometimes punctuated with snores, at which his wife was much disquieted. By her direction he always carried a bag of peppermint drops ín his pocket, whieh she tbought would prevent his soporfic tendencies. One day durimg the sei-vice he found himself growtng sleepy, and put his hand in his pocket for the dropa. He took the bag out by the wrong end, seattered the contents of it all over the aisle, to the intense amusement of the congregation. The Heumans were a very sociable pair and great entertainers, and the o&der eitizees of Ann Arbor have very %as!int recollections of the delightul, old-fashioned tea parties and their ïospitable mansión at the corner of State and E. Huron streets. It is now the property of the Tappan Guild of the Presbyterian churcli, to whom t was bequeathed by the late Mrs. Louisa Sackett, sister of Mrs. Seaman. The building is of brick and its style of architecture is uot often seen in he western states, reminiling the ourists of the quiet and beautitul Lomee in the subui-bs of Philadelphia. Mr. Seaanan died at Ann Arbor on July 17, 1879 and wis wlthln three nonths oí being seventy-four years of age at the time of his death. His vife died eight monthss later, on March 5, 1880, in her seventy-secoud year. His estáte was inventorie dat $23,250,36, and in lus will made the folowing disposition of his property : To the State Insane Asylum at Kalamazoo he lelt $1,000, the interest of which was to be used in the purchase of books and papers for tlie vnmates. HO also left $1,000 to St. Andrew's Episcopal School of Ann Arbor in the saino way tor books and papers lor the pupils and teacheris. The sixth elause was as follows : "Being in favor of the largest freedom of opinión on matters of seienc, government and religión ; opposed to ecclesiastical denomination and the spirit of iaitoleranoe begotten by rigid sectarianism an dbig-otry, as inimcal to freeilom and the best interests of the human family ; that the general good of every people and community requires tliat they should be divided into severa! independent Christian eeets, and that no sect should comprise amajority of the people or voters of any state, comity, city or municipnlity ; end believing also that liberal Christiamity and the Unitarian cliui-ches and societles of this country, have been productive of good in moderating the violence of dcgenerate theology and the rigid spirit and intoleranoe of sectarianism, I give and bequeatli to the trustees of the First Unitarian Society of Ann Arbor the sum of $1,000 to the purchase of Sunday School books" MRS. SACKETT BUHNED THE WILL. The remainider lie left to his wife. When he died on Maren 4, 1880, it was reported at the time that she had left a will whieh her sister, Mrs. Louise Sackett, found, and after reading declared it "no good" and threw it into the fire. Mrs. Sackett was very original, and certainly thought of no evil ii she did eo. Nothing of this generally believed story, however, appears iin the Probate Court records. Her estáte was distributed according to the intestate laws aniong her natural heirs. So eminently succcssful has Hood's Sarsaparill abeen that many leading citizens from all over the United States furnish testimoniáis of cures which seeni ialmost miraculous. Hood's Sarsaparilla is not an accident but the ripe fruit of industry and study. It possesses merit ''peculiar to itself."

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Subjects
Old News
Ann Arbor Courier