History of Oakland County Michigan a narrative account of its historic progress, its people, its principal interests / compiled from the official records of the county, the newspapers and data of personal interviews, under the editorial supervision of Thaddeus D. Seeley.

164

HISTORY OF OAKLAND COUNTY

Where he previously resided, or where he was educated, I have been
unable to learn. The records show that he was a prominent practitioner
while a resident of the county. An anecdote that I heard related of him
about sixty years ago I think will bear repetition. He was defending
some boys for some trivial offense before a justice in a neighboring town.
In the course of his argument before the justice he said: 'May it please
your honor, these boys being arrested for a criminal offense, it is necessary for the prosecution to prove the offense charged beyond a reasonable doubt; for it is a principle of law that every man is presumed innocent until he is proven guilty.' 'Stop, sir,' said the justice, who was an
Old School Presbyterian, 'you are mistaken, Mr. Moseley, the rule is,
mankind is naturally depraved.' Mr. Moseley resided in Oakland county
about twelve years, when he removed to Genesee or Shiawassee county,
Mr. Moseley was a representative of Oakland county in the legislative
council in I826.
"The succeeding attorneys who settled in Oakland county were
Thomas J. Drake and Origen D. Richardson. They came into the county
as early as 1825 or 1826, the precise date at this time being very difficult
to determine.
"Mr. Drake was born April I8, I797, in Scipio, Cayuga county, New
York, and was educated in the schools of that vicinity. From the records I should judge he came to Oakland county in 1824, and at that time
was not admitted to practice law here, but in March following he entered
a plea in a case for the defendant by previously filing letters of attorney,
authorizing him to appear. From this time on Mr. Drake took a very
active part in legal and civic affairs in Oakland county until near the time
of his death.
"Prior to the admission of Michigan to statehood he was a member of
the territorial council; was register of probate; captain and lieutenant
colonel of the militia, and one of the commissioners to locate the county
seat of Saginaw county. After the admission of the state, Mr. Drake
was elected to the senate, and was made president pro tem of that body.
He was elected prosecuting attorney for Oakland county, holding that
office two years. About 1837 Mr. Drake removed from Pontiac to Flint,
where he resided a few years, when he returned to his prior home, and
there continued to live until his death. He was appointed by President
Lincoln as one of the associate justices of Utah, which office he continued
to hold for many years. He had an intense prejudice against Mormonism, and his nature would not permit him to conceal his views; consequently his judicial life was not as pleasant as it would have been if he
had possessed a more yielding nature. His health became somewhat impaired and he resigned his judgeship two months prior to the expiration
of the term. He was an unyielding lawyer, indefatigably zealous in the
interest of his clients. He possessed strong personal traits, and during
his earlier days had many devoted friends and followers. Mr. Drake
died in Pontiac on the 20th of April, 1875.
"Gideon 0. Whittemore was in active practice in Oakland county in
I836, and continued in practice for about fifteen years. The record
shows that on the I3th of February, I826, he was appointed prosecuting
attorney for the term. He served one term as secretary of state, and was