HERBERT MARION ELLIOTT.

Biographical Memoirs of Grant County, Indiana
Chicago: The Bowen Publishing Company, 1901.
Pgs. 245-246


        Herbert Marion Elliott, of Marion, has attained a state reputation as a lawyer, although his residence in the state only dates from 1893. His ancestors have resided in America for several generations, and the name is now a common one throughout the United States.

        Marcus Delos Elliott, father of Herbert M., was born in Otsego county, New York; but before he attained his majority he went to Michigan, which was then considered the "far west," and located on government land in Oakland county, where later other members of his father's family made their home. Mr. Elliott became a substantial farmer, and gained the respect and confidence of those who knew him. When the Union needed patriots to surpress rebellion, Mr. Elliott enrolled his name as a volunteer and was mustered into service with Company H, Eighth Michigan Battery of Light Artillery, of which he was elected captain and served with valor for more than three years. In 1876 his fellow citizens honored him, by electing him their representative in the legislature of Michigan. He is also a prominent member of the Masonic fraternity and member of the Methodist Episcopal church. Having accumulated a competency, he now lives a retired life in Holly, Michigan.

        The mother of Herbert M. Elliott bore the maiden name of Arvilla E. Seely. She was born in Cattaraugus county, New York; but when only a child her parents removed to Michigan and settled in Oakland county, where she married Mr. Elliott, and proved a true wife and mother until her death, which occurred when she was seventy-one years of age. She was a devout Christian and, like her husband, a member of the Methodist Episcopal church. Four children were born unto Marcus D. and Arvilla E. Elliott, of whom Herbert M. is the oldest; Addie E., now Mrs. William Zellner, resides at Fenton, Michigan; George M. is the law partner of our subject and John D. is a lumberman at Menominee, Michigan.

        Herbert M. Elliott was born in Rose township, Oakland county, Michigan, September 15, 1853, and was reared a farmer. His early education was obtained in the common schools, supplemented by attendance at the high schools of Holly and Ann Arbor.

        He taught school twelve terms--the last three being in the village of Clio. In the meantime he read law one year in the office of Judge A. C. Baldwin and James A. Jacokes, of Pontiac; but ill health caused him to abandon the study for a time. September 4, 1878, he was married to Ella E. McLean, daughter of Hector and Sarah McLean. She was born in Vienna township, Genesee county, Michigan. After marriage, Mr. Elliott lived on a farm; but his health became impaired and he was obliged to abandon agricultural pursuits. He next became a druggist and carried on business at Holly and Davisburg, Michigan, until 1880, when he determined to carry out the ambition of his early life, by renewing his study of law in the office of M. M. Burnham, of Holly, and later completed his course in the office of Generail O. L. Spaulding, of St. Johns, and on January 3, 1884, was admitted to practice. Ten days after being admitted to the bar, he hung out "his shingle" at Au Sable, Michigan. He was now thirty-one years of age without a dollar, but having a family consisting of his wife and two children depending upon him he was determined to make a success; and being honorable in his dealings, his practice increased steadily and he soon became a partner of O. E. McCutcheon who was a prominent member of the bar, and soon the firm of McCutcheon & Elliott became well and favorably known in that section of the state.

        Mr. Elliott gained popularity, in consequence of which he was elected circuit court commissioner two terms, then served as prosecuting attorney one year by appointment and two years by election. January 1, 1891, he opened a branch office at Detroit, Michigan, and conducted the same one year, when he returned to Au Sable and closed up his business at that point. The town of Au Sable and that of Oscoda, just across the river, were built up on account of extensive lumber interests; but when the forests were cut away the mills closed, the towns decreased in population and the property depreciated in value so that when our subject had disposed of his interests, he found he had comparatively but few dollars to show for the large and lucrative practice he had enjoyed for nine years. He now removed to Indiana and associated with his brother under the firm style of Elliott & Elliott, opened an office at Marion, and, although a stranger, was soon recognized as a leading member of the Grant county bar.

        In 1894 he brought the suit of "State of Indiana ex rel Wilson vs. Jacob N. Wells." See Vol. 144, Indiana Reports. This suit was brought to determine when the office of township trustee ended, and thus effected every township trustee in the state. It was defended by several of the most prominent lawyers in the state, and as Mr. Elliott won the suit, he at the same time won a state reputation.

        Mr. Elliott is a close student and hard worker, being very thorough and systematic in the preparation of a case, so when he enters the court room he is familiar with its every detail. Besides practicing in the local courts, he has been admitted to the supreme court of Indiana, the United States circuit court and is treasurer of Grant County Bar Association.

        His law library is one of the best in the county and at his home he has a large colleciton of miscellaneous books. Mr. and Mrs. Elliott have two children: Harry McLean, proof reader on the Terre Haute Express, and Merle Dee, at home, is an accomplished pianist.

        He is a gentleman of sterling worth and character, never stooping to trickery or unfair means. He is a Royal Arch Mason and a member of the First Presbyterian Church of Marion, in which he is an elder. He has also served as superintendent of the Sabbath-school five years and for three years was president of the Young Men's Christian Association.



Transcription by Ruth A. Hoggatt.

Biographical Memoirs of Grant County, Indiana