We

The

him little supposed him to lack industry and research. But they were mistaken. If he loitered while others worked, he worked while others slept; and few men brought to the trial of a case more actual work. As a speaker he lacked eloquence, but pressed his points forward in such an awkward way that it was very hard to turn them. He was in body as in mind. recollect his coming into the gymnasium when a certain prominent hotel keeper, who prided himself on his knowledge of boxing, had the gloves on and was trying to get some one to act as victim to his scientific pummeling. 'Come and put on the gloves, Mitchell,' said he. invitation was accepted, and the consequence was that an awkward blow from some direction unknown to the ring knocked Mr. Hotel Keeper down. He got up, and like Lincoln in his wrestling match when thrown, manfully declined to continue the struggle with any such awkward devil as that.' Just so in his cases. The blow came from strange quarters and at strange times, but it fell with a giant's power, and usually crushed his antagonist. And yet it must not be understood that Judge Mitchell is either awkward in mind or body. Indeed, there are few finer looking gentlemen. And could he get rid of something like sensitive bashful

ness, few could appear so well.

His partner at the time we speak of was Harvey McAlpin, who died some years later by his own hand. Poor Harvey! The years that have passed since his untimely death have only added to the deep regrets it caused. He was a finished scholar, and an elegant and eloquent speaker, a brilliant conversationalist, a rare wit and an honest man. He had been but three years at the bar when he came to Port Huron in 1856 and stepped into the front ranks, where he more than held his own. He was attacked pretty sharply at first, but severely let alone after the first encounter. It was understood to be dangerous business to play with him. True P. Tucker was still in practice, though dissipation had deprived him of the great abilities he once possessed. His greatness rested in tradition, and only gave flickering evidences of its existence. Gen. Cass once pronounced him the most promising young man in Michigan, and we doubt not the estimate was just. But whisky intervened and did its work. He was a wreck. He had an eye that looked a man down and a tongue that cut like Damascus steel. We recollect his argument in a case where he had sued his old friend, Jedediah Spalding, now also with the dead, for services in taking testimony before a referee. He charged him $5 per day. Three young lawyers were sworn as to the value of his services. Mr. H- put them at $3 per pay, and Mr. V— at $2.50. 'Your Honor,' said he, to 'Squire Minnie, Mr. H- swears his services are worth three dollars. Does that prove that a man is not worth five dollars? Mr. V- says he would serve his client for $2.50 per day. So he might and his client would be a 'cheated man at that.' "John S. Crellen, though advanced in life, was just beginning practice. He was a brilliant orator, and an excellent lawyer. As an extempore speaker he had no equal then in that county and he has had none since. He could speak with force and interest upon any subject, and with little preparation. He too has crossed the river of mystery and solved the problem

of the future.

"But the oddest chicken in the coop, if we may so speak, was the present member of Congress, the Hon. O. D. Conger. There was an idea current that in his youth he was a student, but it was so far back that the oldest inhabitant could not swear to it. He could give you more curious information than any one else, but where he got it was the mystery. He could tell the names and habits of all the birds in Michigan-could even tell you how to stuff their skins and preserve their beauty; was acquainted with the different kinds of timber and knew where they could be found, and a thousand other things which no one else ever learned. At the bar he trusted entirely to Providence. He never examined his cases-he would say the law ought to be so and so-but didn't pretend to tell how the courts had held it to be. His sound common sense, and a thorough knowledge and appreciation of the great foundation principles of the law usually kept him on the right track. Judge Mitchell cultivated the court; Judge Conger generally despised it, and looked hopefully to the twelve peers of the realm who were to decide the facts. The result was that judges usually treated him illy, and jurymen gave their verdict in his favor. As a jury lawyer-especially in his own county he had elements of strength possessed by no other man in the State. He reads upon the faces of a jury the thoughts which are passing in their minds, and has a happy way of presenting his argument in a man

ner that will meet the peculiarities of each. Deacon Barnard, of Detroit, was once prosecute d for obstructing Mill Creek. He was defended by C. I. Walker, Daniel Goodwin and William T. Mitchell, all since judges. Conger was determined to convict him. One juryman sat stolidly under his argument. He couldn't move him. The court adjourned for dinner. He inquired who and what he was, and learned that he used to run logs upon some stream in Maine; that after being absent for some weeks, as the drive approached a certain turn in the stream, the raftsmen used to see their wives and children, waiting upon a distant eminence to catch the the first glimpse of them, and then, hurrying over the rapids, soon find themselves at home. After dinner, Conger described the scene-described the anxious impatience with which the father and husband hurried on over the shoals and rocks, and the joy with which he was greeted. A tear stood in the corner of the eye of the obstinate man, which the advocate alone understood. Then in fierce invective he described such a man as Deacon Barnard obstructing the stream, delaying the drive for days and weeks, standing, as it were, between the outstretched arms of the husband and his wife and preventing their embrace. There was a verdict of guilty that evening, which we believe the court set aside as being against the law and the evidence. He is great in repartee. Judge Mitchell was examining a witness one day and Conger wanted some questions repeated, which he said he didn't hear. I can't furnish you ears,' said Mitchell. Oh, is that so,' said Conger. I should think you could without injuring your family. They were trying a replevin suit, brought by one Merchant against one Anger, for a calf. The testimony of five witnesses on each side showed that each family had a pet calf. marked exactly the same, and about the same age. One was Ruby and the other Rosa, and each was taught to shake its head when the children called it by name. It was proved that this calf shook its head when the young Merchants called it Ruby. This was in Judge Mitchell's favor, and he dwelt upon it as settling the controversy. Conger replied, 'It is true the calf answered to Ruby. The difference between the names Ruby and Rosa would be detected at once by his Honor (Judge Green), or by my friend Judge Mitchell, but it would be otherwise with a calf educated in the country.' Even Judge Green let himself smile."

It

A score of other names could be introduced, each bringing forward a pleasing memory. Lorenzo M. Mason, who came in 1837; Bethuel C. Farrand, a pioneer of the State since 1825, and one of the oldest, if not actually the senior member, of the St. Clair Bar; E. W. Harris, a lawyer of the circuit since 1837; William Grace, O'Brien J. Atkinson, and others whose names are mentioned in the roll of attorneys, had each an important place in the old law circle. is scarcely time to pass in review the younger members of the bar. It cannot be doubted for a moment, that among them there is to be found intellectual excellence coupled with industry, both of which must win from the future their rewards. It is certain that the history of the profession within the country, could it be written, would exhibit many examples worthy of imitation, and also many which should be studied closely, only to be avoided.

The Western Sun was the first newspaper published in the Indiana Territory, now comprising the four great States of Indiana, Illinois, Michigan and Wisconsin, and the second in all that country once known as the "Northwestern Territory." It was commenced at Vincennes in 1803, by Elihu Stout, of Kentucky, and first called the Indiana Gazette, and July 4, 1804, was changed to the Western Sun. Mr. Stout continued the paper until 1845, amid many discouragements, when he was appointed Postmaster at the place.

William Mitchell, proprietor of the Detroit Mills, recently discovered among some old papers, a copy of the first issue of the first newspaper ever printed in Detroit. It is Volume I, No. 1 of the Michigan Essay, or The Impartial Observer, edited, as is well known, by the famous Father Richard, parish priest of St. Anne's Church, and Delegate in Congress from this Territory. It bears date August 31, 1809. It was announced to be published every Thursday, at $5 per annum. In size it was about half as large as a small fourpage evening paper of the present day, contained four pages, each comprising four columus, and was printed in very large type. The news in it was mostly taken from Eastern papers of forty days earlier date, and brought up European affairs to June 11, or a date eighty days previous. It was just at that time that Napoleon was crushing Austria and the Tyrol after the occupation of Vienna. In the home news department is an account of the first manufacture of salt in West Virginia. The fourth page is filled with selections from the essayists, so much affected at that period. The only advertisements are those of the publisher, James M. Miller, who seems also to have been a book-seller, and one of the opening of the primary school of St. Anne's Church. Among the books advertised is "The Child's Spelling Book, or Michigan Instructor," price 25 cents. The editor of the Essay seems to have enjoyed a good sense of humor, as the following paragraph under the heading "Humorous" indicates:

"Count Tracey complaining to Foote that a man had ruined his character, 'So much the better,' replied the wit, for it was a d-d bad one, and the sooner it was destroyed the more to your advantage.""

La Journal du Chretien was published in 1811, and, in 1812, a large book, called "Epistles and Gospels for Sundays and Holidays." A printer named Coxshan succeeded Miller in busi

ness.

In the summer of 1817, the first regular newspaper published in Michigan was started at Detroit. It was the successor of Rev. Gabriel Richard's magazine. It was called the Detroit Gazette, and was published by Messrs. Sheldon & Reed, two enterprising young men, the former of whom published an interesting sketch of the early history of Michigan. The Gazette existed until 1833, when the office was destroyed by fire.

The third was the Michigan Herald, Henry Chipman, editor. The Herald was established in 1825, and discontinued in 1829.

A paper was commenced in Monroe in 1825, by Edward D. Ellis, and called the Michigan Sentinel. It was a small paper, and was mostly filled with acts of the old Territorial Council and laws of Congress. This was probably the fourth paper in Michigan.

The fifth was the Northwestern Journal. This paper was published in Detroit by George L. Whitney. The first number made its appearance on Friday morning, November 20, 1829. The sixth was the Western Emigrant, published at Ann Arbor by Thomas Simpson. think the first number was issued in December, 1829.

The seventh was the Monroe Inquirer, published at Monroe by John L. Green. The pectus published in the Journal of November 20, 1829, says the Inquirer will be neatly printed on a super-royal sheet, the first number to issue in June next. The enterprise collapsed.

I

The ninth was the Oakland Chronicle, published at Pontiac, June 1, 1830, by Thomas Simpson, formerly of the Western Emigrant. In April, 1831, the Chronicle was sold to parties

ir Detroit.

The paper was then discontinued. I do not know which of these two last-men

tioned papers claim priority with regard to date of issue.

On the 19th of February, 1830, a temperance society was organized under the name of the Detroit Association for the Suppression of Intemperance. A resolution was adopted to

have the proceedings published in the four newspapers of this Territory.

Those four papers must have been the Detroit Gazette and the Northwestern Journal, of Detroit, and the Western Emigrant, of Ann Arbor; the Michigan Inquirer to be published in the next June, may have been intended for the fourth. The Michigan Essay and the Michigan Herald had then passed out of existence. The first number of this paper was issued December

The ninth was the Detroit Courier.

23, 1830.

The tenth was the Democratic Free Press and Michigan Intelligencer. was issued May 5, 1831.

The first number

The next paper in Monroe was started in 1834 by E. G. Morton, now of the Monroe Monitor, and called the Monroe Journal and Michigan Inquirer. The office was sold the same year to start what was called at the time the first paper in Pontiac, and, as a printer, Mr. Morton went to that place with E. J. Van Buren to assist him in arranging the office and commencing the paper. This article in the Monitor also says: "In the autumn of that year, we believe the Adrian Watchtower was commenced by Mr. Ingalls; but we very much doubt whether, in the spring of 1834, there was a paper in the Territory except in Detroit, St. Clair and Monroe."

The Michigan Herald, No. 1 of Volume I, was issued May 10, 1825. The last number in this file is dated August 29, 1827, and is Volume III. In this paper, under date of May 17, 1825, E. D. Ellis announces that he is about to commence the publication, at Monroe, of a paper to be cailed the Michigan Sentinel, and subsequently the receipt of the first copy of that paper is acknowledged. In the Herald of November 22, 1825. is the following advertisement, signed by E. D. Ellis: "The undersigned, editor and proprietor of this paper, respectfully suggests to merchants and others the propriety of extending to said establishment advertising and other patronage. As the Sentinel has a considerable circulation in Monroe and Wayne Counties, advertising patrons would have the advantage of its extension in both of these counties, and likewise into the counties of Lenawee and Oakland. It is hoped that the independent principles upon which this press has been established, and upon which alone it will ever depend for support, will insure to this establishment a moderate share of business.”

There are about 275 newspapers and periodical publications in Michigan now, of all classes. Of these, 224 are published weekly, 17 daily and weekly. 2 daily, 7 semi-weekly, 1 tri-weekly, 4 semi-monthly, 19 monthly, 1 quarterly and 1 yearly; 112 are Republican, 46 Democratic, 73 independent and neutral, 14 religious and 15 miscellaneous. Among the latter are 2 Methodist, 7 Adventist (2 Dutch or Hollandisch), 1 Episcopal, 2 Catholic and 1 Baptist, 6 mining, 5 educational, 1 Masonic, 1 Odd Fellow, 1 Grange, 3 medical and 1 agricultural. Seven are printed in the German language, 6 in the Dutch, 1 in the Swedish and 1 in the Danish.

THE ST. CLAIR WHIG.”

The first newspaper published in the county was that by Messrs. Fay & Perry in 1834. It was printed on a press sent from Georgetown, S. C., by Mr. Fay, to Palmer Village, in 1833. After the inauguration of this journal, the projector returned to South Carolina, where he died within a few years, or about the time Michigan was admitted into the Union of States.

The Whig was issued December 1, 1834. at Palmer Village, now St. Clair, with T. M. Perry editor and publisher. This little political sheet continued in existence until 1836 or 1837, when the name was changed to the St. Clair Republican, with Mr. Perry as editor. The first St. Clair Republican was issued with comparative regularity for a few years, when all record of its being ceases.

THE PORT HURON OBSERVER.

This newspaper was inaugurated in 1837, with E. B. Harrington editor. prise was originated, the following prospectus was issued:

When the enter

PROPOSALS FOR PUBLISHING AT HURON CITY, ST. CLAIR COUNTY, MICHIGAN, THE
"LAKE HURON OBSERVER,"

A Weekly Paper of Imperial Size, at $2 Per Annum. Payable in Advance, $2.50 at the End of Six Months, or $3 at the End of the Year.

It is, perhaps, unnecessary here to enter into detail of the causes or circumstances which have led to the establishment of a new paper in this county, or to discuss the merits or demerits of the paper already established. Suffice it to say, the growing importance of the county, and the interests of its inhabitants, seem to require a public journal through whose columns a fair expression of the opinion of the people in different sections of the county can be had, upon all political and other questions of general importance: such is intended to be the character of the Observer. Although decidedly a DEMOCRATIC Journal, its columns will always be open for the discussion of important political questions, whether of general or local interest, when such discussions are couched in candid and decorous language.

Our Canadian friends at Port Sarnia and its vicinity will find the Observer a ready vehicle for the conveyance of information respecting their village, harbor, railroad and other topics of general importance.

It is hoped the OBSERVER will be conducted in such a manner as to be sustained by the inhabitants of the county, and to merit the confidence and support of the public generally.

Huron City, January 24, 1837.

Attached to this proposition was a space for subscribers' names. Copies of the prospectus were placed in the hands of many influential men, both in this county, at Detroit, and throughout York State, who became honorary canvassers for the journal. The names of the original subscribers are thus given:

E. B. Harrington, Cummings Sanborn, Amon Baker, A. & J. B. Comstock, G. F. Boynton, D. W. Powers, H. Harding, N. D. Horton, C. Thompson, E. C. Bancroft, E. Burch, E. P. Johnness, D. B. Harrington, F. C. White (Whitestone), A. S. Pratt, T. Crocker, John S. Heath, John Thorn, E. R. Moffatt (La Forge Village, N. Y.), J. F. Batcheller, John H. Westbrook, J. Halstead, Clift Comstock, Willard Orvis, Lucius Beach, Ashley L. Whitcomb, Hiram Marin, A. W. Campbell, H. Hamilton, Shepard & Bottsford, Joseph L. Kelsey, Z. W. Bunce, Jesse H. King, Lorenzo M. Mason, J. W. Campfield, Edward Petit, D. Babcock, H. Chamberlain, John Doran, Jared Miller, D. J. Rockwell, John Westbrook, James Beard, Joel Tucker, John Swarthout, David Senter, Justin Rice, John Jackson, Michael Jackson, Benjamin Newhall, Chester Kimball, Jr., Henry Gill, Fr. Harsen, James Harsen, John Hughes, D. Churchill, John Smith, R. B. Dimond, Eben Westbrook, A. H. Westbrook, Jacob Peir, Oliver Westbrook, Jer auld Miller, Jos. P. Mini, P. F. Brakeman, Lucius Beach, White & Harrington; with a number of subscribers outside the county.

The stockholders, or owners of the Observer, whose names appear in an assignment of their interests in the paper, to Dan B. Harrington, Joshua S. Heath, and John Thorn, members of a committee appointed to arrange the affairs of the company, gave this committee power to dispose of the office. This resolution was passed July 14, 1837, and bears the signatures of G. T. Boynton, Edward Petit, A. & J. B. Comstock, Williard Orvis, Elijah Burch, J. S. Orvis, J. W. Campfield, William Robertson, Jr., B. A. Luce, Ira Porter, Hiram Whitcomb, Z. V. Thornton, and E. C. Bancroft. The Lake Huron Observer was, after a few years, merged into the Representative, again assumed its old name, which it held until, under the able management of W. L. Bancroft, it changed to the Port Huron Observer.

On August 4, 1849, the following notice appeared in the Observer:

The undersigned has disposed of the press, type and materials of the Observer office, to Mr. J. H. Hawes, and his connection therewith terminates from and after this date.

Subscribers who have paid in advance will be furnished with the paper, at the usual rate, for the term for which payment has been made; all legal and yearly advertisements, will be continued in publication for the time and on the terms agreed upon with the undersigned, who alone is authorized to settle and receipt for the same, and to whom only payment will be made. W. L. BANCROFT.

Subsequently changes occurred in the proprietary and editorship.

As a specimen of Mr. Bancroft's editorial work, let his article in reply to a letter of the Ann Arbor American, asking for an exchange of journals be quoted: "We shall be most happy to exchange, Mr. American; but we also most cordially detest the cause you have espoused. It is not only anti-American in its very inception, but, we believe, if once established here and elsewhere. as the policy of the civilized world, it would do more than any other