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.  THE 


BENCH  AND  BAR 


«ii 


WISCONSIN. 


HISTORY  AND  BIOGRAPHY, 


WITH    I»ORTRAIT    II.I.rsTRAT  IONS. 


i.\ 


PARKKR   M^COHB   RKKD. 


M  [  I   \V  A  r  K  K  K  : 

V    M.   k  i.i: I).    IM  MI  i-iM  « 

ISS2. 


I 


THE  NEW  YORK      J 

PUBUCJIREARY 


ASTUIT.  IHEKOX  AND 
TiLDMM  FOUNDATIONS 


•  •• 


•  • 


a  •  • 

,  •       •  • 

•  « 

-  •         • 

•  •  •• 


INTRODUCTORY. 


WHATEVER  else  may  be  said  of  the  legal  fraternity,  it  cannot  be 
denied  that  members  of  the  bar  have  been  more  prominent  actors 
in  public  affairs  than  any  other  class  of  the  community.  This  is  but  the 
natural  result  of  causes  which  are  manifest  and  require  no  explanation. 

The  ability  and  training  which  qualify  one  to  practice  law  also  qualify 
him  in  many  respects  for  duties  which  lie  outside  the  strict  path  of  his 
profession  and  which  touch  the  general  interests  of  society. 

The  education  of  the  lawyer  should  include  a  thorough  culture  in 
literature  as  well  as  law.  The  broader  the  scope  of  his  studies  and  the 
ampler  his  resources,  the  more  certain  is  he,  other  things  being  equal, 
to  achieve  eminence  in  his  profession.  Rarely  is  a  cause  of  so  little  con- 
sequence tried  that  the  lawyer  will  not  find  an  advantage  in  being  able 
to  draw  illustration  and  incident,  and  it  may  be  anecdote,  from  a  well 
furnished  storehouse.  Addressing  a  jury  in  a  court  in  Maine,  the  famous 
John  Holmes  surprised  and  delighted  all  who  heard  him  with  a  lucid 
description  of  the  mechanism  of  a  clock;  he  captured  jury  as  well  as 
spectators  and  won  his  case. 

The  advocate  is  necessarily  an  orator.  Public  speaking  is  promi- 
nence and  power.  Study  of  the  principles  of  jurisprudence  qualify  one 
above  ever}'thing  else  for  useful  membership  of  law-making  bodies.  The 
leaders  in  congress  and  in  our  state  legislatures  are  usually  lawyers.  Of 
the  presidents  of  the  United  Stales,  Jefferson,  the  two  Adamses,  Madison. 
•Monroe,  Van  Buren,  Polk,  Tyler,  Fillmore,  Pierce,  IJuchanan,  Lincoln, 
Hayes  and  Garfield  were  lawyers.  During  the  late  war  no  one  class  of 
people  went  earlier  to  the  front,  served  their  country  more  devotedly, 
or  won  greater  distinction,  than  lawyers ;  and  of  the  men  who  remained 
at  home  during  that  contest,  no  class  of  citizens  took  a  more  active  part 
in  sustaining,  by  voice  and  act,  the  soldiers  in  the  field. 

Without  undue  partiality  it  may  be  said  that  in  every  age  members  of 
the  bar  have  shown  themselves  patriots.     An  eloquent  writer  says : 


4  INTRODUCTORY. 

"  What  could  we  have  accomplished  in  our  revolution  without  the  aid 
of  such  patriots  as  Adams,  Otis,  Ames,  Hamilton,  King,  Marshall,  Henry, 
Lee,  Jefferson,  Livingston,  Rutledge,  Pinckney,  Clinton,  Granger,  Gal- 
latin, and  hundreds  of  others  who  belonged  to  the  legal  profession  ? 
Not  only  did  they  kindle  the  fires  of  the  revolution  by  their  fervid  elo- 
quence, but  they  tendered  to  their  country  their  property  and  their  lives. 
The  declaration  of  independence  alone  —  one  of  the  ablest  state  papers 
that  ever  emanated  from  human  thought  —  was  from  the  pen  of  a 
lawyer,  and  did  more  than  everything  else  to  satisfy  the  civilized  world 
of  the  justice  of  our  cause,  and  to  secure  our  recognition  as  an  indepen- 
dent government.  The  fact  is,  the  legal  mind  has  been,  and  ever  will  be, 
arrayed  on  the  side  of  order,  good  morals  and  good  government.  A  law- 
yer's experience  in  dealing  with  the  affairs  of  men,  his  habits  of  thought, 
reading  and  reflection,  all  tend  in  that  direction ;  hence  it  is  that  he  be- 
.  comes  the  recipient  of  the  most  responsible  judiciary  trusts,  and  his 
influence  for  good  is  wide-spread  and  unlimited.  Notwithstanding  this 
he  is  allotted  but  a  little  space  in  biographical  literature." 

Fully  impressed  with  the  prominent  part  that  members  of  the  bar 
have  taken  in  public  affairs,  the  weight  of  influence  they  have,  as  a  class, 
exerted  in  the  community,  and  the  dignity  they  have  imparted  to  the 
profession,  it  is  the  purpose  of  this  volume  to  place  on  permanent  record 
the  lives  of  those  men  who  have  been  chiefly  instrumental  in  making  the 
history  of  the  bench  and  bar  of  Wisconsin.  Their  history  is  largely  the 
history  of  the  state. 

The  names  of  some  have  been  omitted,  from  the  fact  that  it  has  been 
impossible  to  obtain  any  reliable  information  respecting  their  lives.  In 
other  instances  the  omission  has  resulted  from  the  apathy  and  indiffer- 
ence of  those  who  promised  but  failed  to  impart  the  desired  informa- 
tion. Others  have  refused  to  have  their  lives  written  and  published 
while  living;  while  not  a  few  have  taken  no  interest  whatever  in  the 
work.  To  those  who  have  kindly  consented  to  appear  in  this  book, 
endeavor  has  been  made  to  accord  to  each  the  delineation  of  life  and 
character  his  merits  and  prominence  deserve,  "  naught  to  extenuate  nor 
aught  set  down  in  malice."  That  all  who  honor  this  work  with  its  peru- 
sal will  be  pleased  is  not  expected,  but  the  records  made  in  it  have  been 
sought  to  be  verified  with  infinite  diligence  and  research. 

To  place  this  volume  before  the  law  fraternity  of  this  state  the  author 
has  labored  long  and  assiduously.     Before  going  into  the  hands  of  the 


INTRODUCTORY.  5 

printers,  the  matter  that  composes  the  book  has  been  submitted  to 
the  reading  and  approval  of  competent  and  impartial  gentlemen  of 
the  bar,  that  nothing  shall  appear  in  the  work  that  good  judgment 
would  consider  incorrect  or  improper.  In  speaking  of  men,  the 
author  has  had  no  favorites  to  please,  nor  enemies  to  slight ;  and,  in- 
asmuch as  in  him  lies,  has  avoided  indiscriminate  eulogy  of  the  dead 
and  overdrawn  praise  of  the  living.  While  not  expecting  to  avoid  criti- 
cism in  this  department  of  the  book,  no  pains  have  been  spared  to  real- 
ize the  happy  mean.  This  has  been  particularly  desirable  in  view  of  the 
fact  that  the  author  has  resided  in  the  state  for  nearly  a  score  of  years, 
and  expects  to  continue  to  live  and  end  his  days  in  it.  The  author  has 
moreover  had  a  friendly  and  pleasant  acquaintance  with  the  larger  por- 
tion of  those  who  sit  upon  the  bench  and  practice  at  the  bar,  as  well  as 
with  those  who  have  retired  from  either,  and  would  grieve  to  know  he 
had  done  aught  to  forfeit  their  good  opinion.  Lucre  has  not  been  the 
chief  incentive  to  the  undertaking  and  completion  of  the  enterprise. 
That  it  may  be  a  fitting  and  lasting  memento  to  his  fidelity,  as  well  as  to 
the  virtues  of  those  whose  names  and  deeds  go  down  to  posterity  on  its 
pages,  is  his  most  hoped  for  reward. 


The  Bench  and  Bar  of  Wisconsin. 


HISTORY. 


FROM  the  published  accounts  of  the  earliest  settlement  of  Wiscon- 
sin up  to  1823  it  is  evident  that  the  true  status  of  judicial  authority 
among  the  settlers  was  of  a  very  uncertain  character.  It  seems  to  have 
been  divided  between  the  commanders  of  military  posts  and  inferior 
local  fnagistrates,  the  military  predominating.  The  first  judicial  func- 
tionary that  made  an  advent  in  the  territory  of  Wisconsin  appears  to 
have  been  Pierre  Grignon,  who  was  living  at  (ireen  Hay  as  early  as 
1 81 5,  and  commissioned  justice  of  the  peace  by  Colonel  Robert  Mc- 
Donald, the  Hritish  commander  of  the  military  post  at  Mackinac.  Sub- 
sequently James  Porlier,  a  Frenchman,  was  appointed  a  justice  of  the 
|>eace  for  Green  Bay  under  the  British  authority,  the  date  of  which  is 
not  given.  The  same  magistrate  was  made  chief  justice  of  Brown 
county  in  1820,  and  judge  of  probate  in  1822.  That  he  might  be  better 
enabled  to  fulfill  the  duties  of  these  offices  it  is  stated  that  he  translated 
the  statutes  of  Michigan  territory  into  his  native  French  language,  thus 
showing  that  he  must  have  been  a  magistrate  worthy  of  the  trust. 

In  i8ai  the  Michigan  authorities  appointed  Robert  Irwin,  Jr.,  justice 
of  the  peace  at  Green  Bay. 

The  first  jury  trial  in  Wisconsin  was  had  at  about  this  time  at  Green 
Bay  liefore  Justice  Irwin.  Kbenezer  Child  was  plaintiff  in  the  case,  and 
a  French-Canadian  defendant.  James  H.  Lockwood,  who  was  inci- 
dentally at  the  Bay,  appeared  as  attorney  for  Mr.  Child.  Mr.  Lock- 
wood  had  arrived  at  Green  Bay,  July  16,  18 16,  and  subsequently  settled 
at  Prairie  du  Chien,  but  there  is  no  record  that  he  entered  into  the  regular 
practice  of  law  at  either  place.  In  fact  he  read  law  for  a  time  before 
coming  to  Wisconsin,  but  never  was  admitted  to  the  bar.  It  appears, 
however,  that  he  became  a  justice  of  the  peace.     It  would  seem  that 


/ 


b  THE    BENCH    AND    HAR    OF    WISCONSIN. 

Other  business,  at  that  day,  was  more  lucrative  to  a  man  smart  enough 
to  be  a  successful. practitioner  of  law. 

Henry  Monroe  Fisher  was  justice  of  the  peace  at  Prairie  du  Chicn 
before  the  war  of  1812,  his  commission  having  been  issued  by  the  gov- 
ernor of  Illinois  territory,  of  which  Wisconsin  then  formed  a  pan.  Mr. 
Fisher  was  the  father  of  Mrs.  H.  S.  Baird,  which  notable  and  venerable 
lady  is  yet  living  in  the  city  of  Green  Bay.  Of  the  acts  of  this  early 
magistrate  in  the  performance  of  his  judicial  duties  no  account  has  been 
preserved. 

"  Previous  to  the  war  of  18 12  two  men  at  Prairie  du  Chien  became 
I  involved  in  a  law  suit  about  a  heifer  of  the  value  of  about  eight  dollars. 

The  parties  were  obliged  to  take  a  bundle  of  beaver  skins  to  St.  Louis 
and  sell  them  to  pay  the  expenses  of  the  suit ;  and  the  lawyers  were  dis- 
posed to  oblige  the  parties  by  putting  over  the  case  from  time  to  time. 
The  case  was  continued  in  this  manner  until  it  had  cost  each  of  them 
fifteen  hundred  dollars,  when  they  took  it  out  of  court  and  settled  it." 

The  early  magistrates  are  supposed  to  not  have  been  profoundly 
learned  in  the  law.  In  fact,  few  law  books  were  brought  to  those  ancient 
settlements,  and  possibly  not  very  extensive  legal  acquirements  were 
needed.  Causes  seem  to  have  been  decided  upon  general  principles  of 
equity,  modified,  not  infrec^uently,  by  the  caprice,  self-interest,  or  preju- 
dice of  the  magistrate.  However  absurd  or  irregular  or  illegal  many  of 
these  decisions  may  have  been,  they  appear  to  have  commanded  general 
acquiescence. 

The  most  noted  tribunal  for  the  administration  of  justice  at  this  early 
period  at  Green  Bay  of  which  there  is  any  .account,  was  by  Judge 
Charles  Reaume,  whose  advent  at  that  point  seems  to  have  been  coinci- 
dent with  that  of  the  first  American  inhabitants  upon  Wisconsin  soil,  and 
was  about  the  year  1790. 

His  judicial  career  commenced  before  the  beginning  of  the  present 
century  and  ended  only  with  his  decease.  Unquestioned  through  all 
these  long  years,  his  authority,  however  obscure  its  claim  to  legality,  was, 
however,  recognized,  respected  and  obeyed.  It  is  certain  that  he  was 
his  own  law-maker  as  well  as  law-giver.  His  original  and  ludicrous  de- 
cisions have  made  him  notable  to  this  day.  So  far  as  known  the  holding 
of  his  courts  was  confined  to  Green  Bay. 

Writers  of  early  reminiscences  say  of  him  : 

"  There  was  an  old  Frenchman  at  Green  Bay  of  the  name  of  Charles 


IHE    BENCH    AND    I'.AR    OF    WlifCONSIN.  0 

Reaume,  who  could  read  and  write  a  little,  and  acted  as  justice  of  the 
peace.  He  had  had  a  commission  under  George  III  when  Great  Britain 
held  jurisdiction  over  the  country,  and  after  it  was  given  up  to  the 
American  government  and  attached  to  Indiana  he  had  been  commis- 
sioned by  Governor  Harrison  of  that  territory,  which  then  took  in  Wis- 
consin. The  laws  under  which  he  acted  were  those  of  France,  and  the 
customs  of  the  Indian  traders  at  Green  Bay.  He  was  very  arbitrary  in 
his  decisions.  He  was  born  about  the  year  1752,  at  La  Prairie,  nearly 
opposite  Montreal,  of  a  prominent  and  respectable  family.  We  early 
find  him  at  Detroit,  and  in  the  service  of  the  British  Indian  department 
as  a  captain ;  was  among  the  prisoners  taken  by  the  gallant  Colonel 
George  Rogers  Clark  at  the  capture  of  X'incennes,  in  February,  1779; 
and,  taking  the  oath  of  neutrality,  was  permitted  to  return  to  Detroit. 
In  1790  he  settled  at  Green  Bay,  and  appears  to  have  been  engaged  in  a 
small  way,  in  the  Indian  trade.  His  first  commission  of  justice  of  the 
peace  he  probably  derived  from  the  British  authorities  at  Detroit, 
before  the  surrender  of  that  post  to  the  American  government  in 
1796,  and  he  subsequently  received  a  commission  from  Governor 
Harrison,  of  the  territory  of  Indiana.  In  18 16  and  181 7  his  home 
was  with  John  Lowe  at  Green  Bay;  and  in  181 8  he  was  appointed  by 
(fovernor  Cass,  of  Michigan  territory,  one  of  the  associate  judges  of  the 
court  for  Brown  county ;  and  the  same  year  he  removed  to  Little  Kan- 
kalin,  about  ten  miles  above  Green  Bay,  and  there  sold  liquor  to  the 
Indians,  not  infrequently  drinking  freely  with  them  and  sharing  in  their 
frays  as  well  as  blackened  eyes  and  bruises.  There  he  died  in  the  spring 
of  1832,  for  he  was  found  dead  alone  in  his  cabin.  He  was  about  sev- 
enty years  of  age.  His  friends  at  Green  Bay  had  his  remains  conveyed 
there  and  buried  in  the  old  Catholic  burial  place,  which  was  in  the  pres- 
ent plat  of  Astor;  but  the  bodies  interred  there  were  subsequently 
removed  to  the  present  burial  ground.  No  tablet  marks  his  grave. 
He  was  never  married." 

Several  anecdotes  illustrating  Judge  Reaume's  j)rimitive  mode  of 
administering  justice  have  been  recorded,  one  of  which  is  :  "  There  was 
an  old  Frenchman  at  the  Bay  named  Reaume,  excessively  ignorant  and 
grasping,  although  otherwise  tolerably  good-natured.  This  man  was 
appointed  justice  of  the  peace.  Two  men  once  appeared  before  him, 
the  one  as  plaintiff,  the  other  as  defendant.  The  justice  listened  patiently 
to  the  complaint  of  the  one  and  the  defense  of  the  other;  then  rising 


lU  THE    BENCH    AND    BAR    OF    WISCONSIN. 

with  dignity,  pronounced  his  decision :  *  You  are  both  wrong.  You, 
Boisvert,'  to  the  plaintiff,  *you  bring  me  a  load  of  hay;  and  you,  Crely,' 
to  the  defendant,  *  you  bring  me  a  load  of  wood,  and  now  the  matter  is 
settled.'  It  does  not  appear  that  any  exceptions  were  taken  to  this  ver- 
dict." 

"  The  county  seat,  which  was  Detroit,  was  so  distant  and  difficult  of 
access,  that  if  a  litigant  in  his  court  felt  himself  aggrieved  he  preferred 
suffering  injustice  to  going  to  the  trouble  and  expense  of  an  appeal ;  so 
that,  practically,  Reaume's  court  was  the  supreme  court  of  the  country. 
He  took  care  not  to  decide  against  any  of  the  traders  who  were  able  to 
bear  the  expense  of  an  appeal ;  in  fact,  the  traders  made  use  of  him  to 
hold  their  men  in  subjection,  but  never  submitted  to  him  the  adjustment 
of  any  difficulty  between  themselves.  These  were  left  to  the  arbitration 
of  other  traders.  It  was  said  of  him  that  a  bottle  of  spirits  was  the  most 
potent  witness  that  could  be  brought  into  his  court.  At  one  time  at 
Green  Bay  a  boatman  had  left  his  employer  and  engaged  himself  to  an 
American  concerned  in  suttling  for  the  troops  at  Fort  Howard,  and 
Judge  Reaume  was  applied  to,  asking  what  the  law  was  in  the  case  and 
what  could  be  done.  He  answered,  in  broken  English,  *  Tll-make-de- 
man-go-back-to-his-duty.'  The  inquiry  was  reiterated,  *  Judge  Reaume, 
is  there  no  law  on  the  subject  ? '  With  a  feeling  of  conscious  dignity  he 
replied  :  *  We-are-accustomed-to-make-de-men-go-back-lo-their-bour- 
geois.'  " 

Many  amusing  incidents  are  related  of  the  (juaint  old  judge,  and  of 
the  nature  of  his  judgments.  In  one  case  a  man  was  sued  by  a  French- 
man on  an  account,  and  summoned  to  appear  before  Judge  Reaume. 
The  summons  was  returnable  at  two  o'clock  in  the  afternoon,  but  the 
defendant  forgot  the  hour.  Four  o'clock  arrived,  when  he  bethought 
himself  of  his  remissness.  He  immediately  repaired  to  the  hall  of  jus- 
tice, first  taking  the  precaution,  however,  to  slip  into  his  overcoat  pocket 
a  bottle  of  good  old  whisky.  On  entering  the  presence  chamber  he 
found  the  cause  decided  against  him,  the  plaintiff  exulting  in  his  success 
and  the  judge  rigid  and  dignified  —  the  defendant  had  defied  his  author- 
ity and  disobeyed  his  mandate !  In  vain  did  the  delinquent  attempt  to 
thaw  the  ice  of  the  judge's  cold  reserve  and  obtain  a  rehearing.  Fail- 
ing in  all  his  efforts,  the  defendant  rose  from  his  seat,  and  approaching 
the  door  of  an  inner  apartment  invited  the  judge  to  follow.  This  he 
did  reluctantly.     When  safely  out  of  sight  of  the  other  party,  the  defend- 


THE    BENXH    AND    BAR    OF    WISCONSIN.  11 

ant  slowly  drew  from  his  pocket  the  aforesaid  black  bottle  and  placed  it 
on  the  table,  where  were  already  glasses  and  water.  The  stern  features 
of  the  judge  suddenly  relaxed.  It  was  an  easy  matter  to  prevail  upon 
him  to  taste  the  tempting  beverage ;  it  was,  indeed,  so  good,  that  he  re- 
peated the  dose,  and  like  many  other  great  men  before  him,  lost  his 
resentment  in  his  love  for  good  liquor.  The  judge  and  the  defendant 
soon  re-entered  the  justice  hall,  and  the  plaintiff,  who  was  still  present, 
was  re([uired  to  appear,  when  he  was  informed  that  the  court  had  decided 
to  grant  a  re-hearing  of  the  case.  This  was  accordingly  done,  and  after 
a  brief  examination  the  former  judgment  was  revoked  and  judgment 
was  entered  against  the  plaintiff.  The  latter  remonstrated  in  vain, 
stoutly  contending  that  the  judge  had  already  decided  the  cause  in  his 
favor.  All  was  cut  short  by  the  judge  declaring  that  "his  first  decision 
was  only  that  the  plaintiff  should  win  to  lose !  '* 

Upon  the  whole  the  administration  of  justice  by  the  venerable  judge 
was  mild  and  lenient.  No  cruel  or  oppressive  punishments  were  inflicted, 
and  in  the  whole  course  of  his  career  it  is  not  alleged  that  he  ever  exer- 
cised that  prerogative  of  judicial  power  so  abhorrent  to  the  feelings  of 
modern  reformers  and  philanthropists,  the  infliction  of  the  death  penalty. 

Another  early  judicial  decision  is  thus  related:  —  It  was  by  an  old 
pioneer  settler,  a  Frenchman,  who  in  character  and  manners  was  a  per- 
fect gentleman,  but  was  better  acquainted  with  the  principles  of  honesty 
and  fair  dealing  than  with  the  subtleties  and  technicalities  of  the  law. 
According  to  the  laws  of  the  United  States,  for  the  government  of  the 
land  and  naval  service,  **no  person  who  has  been  enlisted  as  a  soldier 
shall  l)e  liable  to  arrest  or  imprisonment  for  any  debt  contracted  by  him 
during  the  term  of  his  enlistment."  A  non-commissioned  officer  had 
contracted  a  considerable  debt  of  a  trader,  which  he  refused  to  pay. 
Some  days  before  the  expiration  of  his  term  of  service  he  applied  to  his 
commanding  officer  for  a  furlough  for  his  unexpired  time,  which  was 
granted ;  and,  shielded  by  this,  together  with  his  regular  discharge,  he 
left  the  garrison,  defied  his  creditors,  and  was  about  to  leave  the  country 
forever.  In  those  days  it  was  lawful  to  arrest  dishonest  debtors  and  im- 
prison them  until  they  paid  their  debt  or  were  otherwise  discharged. 
The  creditor  in  this  case  applied  to  the  old  justice  for  a  warrant;  it  was 
granted;  the  soldier  was  arrested  and  brought  before  the  magistrate. 
The  accused  readily  admitted  the  justness  of  the  debt,  but  pleaded  the 
law  of  the  United  States,  which  [)rotccted  him  as  a  soldier  from  arrest. 


12  THE    BENCH    AND    BAR    OF    WISCONSIN. 

After  patiently  hearing  his  defense,  the  justice  proceeded  to  give  judg- 
ment in  favor  of  the  plaintiff  for  his  debt  and  costs.  The  plaintiff  imme- 
diately demanded  execution  against  the  body  of  the  defendant.  This 
too  was  granted.  The  soldier  remonstrated  with  the  justice,  saying  he 
was  a  soldier  of  the  United  States  army,  and  as  such  was  exempted  by 
law  from  arrest  for  debt,  and  concluded  by  assuring  the  justice  that  "  he 
did  not  understand  him."  The  phlegmatic  justice,  who  did  not  speak 
very  plain  English,  thus  emphatically  explained  his  meaning :  "  You-do- 
go-to-de-jail-and-stay-there-until-you-pay-de-debt,  and-you-will-under- 
stand-me-very-well !  "  The  result  was  that  the  defendant  rather  than  go 
to  the  place  mentioned,  pulled  out  his  purse,  paid  his  debt,  and  went  on 
his  way  —  not  rejoicing.  The  upright  old  magistrate  would  not  admit 
the  reasoning  that  required  an  honest  citizen  to  pay  his  debts  and  a 
hard  case,  because  a  soldier,  go  scot  free. 

In  another  case  he  had  decided  for  the  plaintiff  when  an  influential 
man  humorously  suggested  to  him  that  the  verdict,  in  justice,  belonged 
to  the  defendant.  The  judge  calling  the  plaintiff  back  and  asked  him 
how  he  understood  the  decision.  "  I  won,"  he  replied.  "  Yes,"  said 
the  justice,  "  you  won  to  pay  the  costs !  " 

There  was  a  noted  case  brought  before  him  by  a  young  lady  for  seduc- 
tion and  breach  of  promise.  After  hearing  the  testimony  the  honorable 
court  rendered  judgment  that  the  seducer  was  to  purchase  a  calico  dress 
for  the  injured  lady,  and  two  dresses  for  the  baby,  and  the  constable  to 
pay  the  costs  by  splitting  a  thousand  rails  for  the  judge.  The  decision 
was  complied  with ;  the  judge  agreeing  to  board  the  constable  while 
doing  the  work. 

"  Old  Judge  Charles  Reaume  was  a  man  of  great  importance  at  *  the 
Bay.'  "  When  he  held  his  courts  he  would  dress  in  his  British  uniform, 
red  coat  and  cocked  hat,  and  put  on  an  air  of  pompous  dignity.  The 
veritable  coat  is  preserved  among  the  ancient  mementos  in  the  archives 
of  the  State  Historical  Society  at  Madison. 

"The  Bay  at  this  time  was  unblessed  with  anything  in  the  nature  or 
calling  of  a  priest,  but  it  did  rejoice  in  the  possession  of  a  magistrate, 
who  had  enjoyed  the  office  of  judge  time  beyond  the  memory  of  the  old- 
est inhabitant ;  and  long  had  all  the  business  of  the  colony  been  regu- 
lated and  kept  in  order  by  the  awe-inspiring  authority  and  portly  person 
of  Judge  Reaume.  No  person  there  could  tell  when  his  official  duties 
first  de)iolved  upon  him,  nor  from  whence  his  authority  was  derived. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  13 

It  was  sufficient  that  it  existed,  and  no  one  disputed  his  authority  or 
appealed  from  his  decision ;  for,  in  truth,  there  was  no  power  above 
him.  Before  him  all  complaints  were  brought,  all  wrongs  redressed, 
marriages  celebrated,  and  for  doing  which  he  had  fixed  fees.  In  the 
case  of  marriages  —  of  which  it  was  discovered  he  kept  some  kind  of  a 
record  —  if  the  parties  had  remained  in  cohabitation  beyond  the  stipu- 
lated time  he  would  send  for  the  man,  order  the  engagement  renewed, 
or  punish  him  by  fine  for  contumacy,  thus  securing  an  additional  fee  for 
his  own  pocket,  as  well  as  enforcing  a  proper  respect  for  the  laws  and 
customs  of  the  country,  and  deference  to  his  magisterial  dignity." 

At  one  time  a  vagabond  French  desperado  was  arrested  for  an  act  of 
violence  to  a  half  breed  Indian  girl.  The  case  was  rather  broadly  made 
out  against  him,  which  excited  the  ire  of  the  good  judge  to  such  a  de- 
gree that  he  sentenced  the  fellow  to  buy  the  girl  a  new  frock  —  it  having 
been  proven  that  her  own  had  been  torn  in  the  scuffle  — and  to  work  one 
week  in  the  judge's  garden  ! 

It  was  reported,  but  it  was  not  known  with  what  truth,  that  his 
library  was  enriched  with  two  odd  volumes  of  Blackstone,  but  whetlier 
in  French  or  English  was  not  learned. 

A  gentleman  had  a  dispute  with  a  troublesome  fellow  on  some  trifling 
matter,  and  upon  application  of  the  man,  Reaume  sent  a  summons  to 
the  gentleman,  which,  instead  of  being  on  paper  with  name  and  seal,  the 
constable  exhibited  the  well  known  large  jack-knife  belonging  to  the 
judge,  which  had  long  been  made  to  serve  that  purpose.  On  the  day 
set  for  appearance  the  defendant  broke  ground  for  the  judge,  and 
stopping  at  a  store  on  the  way,  bought  some  cheap  article.  On  approach- 
ing the  office  he  found  the  judge  at  the  door,  who  at  once  exclaimed  to 
him  in  his  broken  English,  "  Vou-may-go-away — go-away,  I  have  given 
judgment  against  ye."  "Good  morning,  judge."  **  Good  morning;  I  has 
given  judgment  against  ye."  *'  Coming  along  by  Burgan's  store  I  saw  this 
small  coffee-pot  hanging  out,  and  I  bought  it  to  present  to  you,  judge, 
will  you  do  me  the  pleasure  to  accept  it.'*"  *' 0-yes-tank-ye-iank-ye- 
kindly,  very  much  'bliged  to  ye."  "Judge,  I  don't  owe  that  fellow  any- 
thing." "  Vou  don't  .^*'  "  No,  I  have  really  overpaid  him."  **'rhe  ras- 
cal ;  I  reverse  my  judgment,  and  he  shall  |)ay  de  costs." 

Now,  it  must  not  be  imagined  by  this  that  Judge  Reaume  was  a  bad 
man.  He  was  the  reverse  of  that,  but  followed  the  temper  of  the  times, 
and  bowed  to  the  current  of  the  customs  of  the  countv,  rather  than  un- 


14  THE    BENCH    AND    BAR    OF    WISCONSIN. 

derlake  the  labor  of  changing  or  rising  above  them.  The  quiet  acqui- 
escence of  the  people  in  his  authority  for  so  long  a  time,  and  the  suffer- 
ance of  his  rule  and  sway  under  successive  British  and  American 
supremacy,  and  possibly  under  French  too  —  for  he  may  not  have  sur- 
rendered until  after  Montcalm  and  Cornwallis  did  —  is  an  argument,  at 
least  in  favor  of  the  mildness  of  his  administration.  Nor  was  he  defi- 
cient in  intelligence,  and  he  possessed  much  of  the  natural  politeness  of 
the  better  class  of  the  rural  French." 

Green  Bay  and  Prairie  du  Chien  having  been  nearly  contemporaneous 
in  settlement,  and  the  two  earliest  settlements  of  the  state,  the  judicial 
history  of  both  of  them,  notwithstanding  their  distance  apart,  is,  to  a  con- 
siderable extent,  intimately  related. 

Fort  Crawford,  at  Prairie  du  Chien,  was  garrisoned  in  1816,  and,  "al- 
though in  a  time  of  peace,  the  officers  of  the  army  treated  the  inhabi- 
tants as  a  conquered  people,  and  the  commanders  assumed  all  the 
authority  of  government  of  a  conquered  country,  arraigning  and  trying 
the  citizens  by  court-martial  and  sentencing  them  to  ignominious  pun- 
ishments. Some  of  these  arbitrary  acts  were  often  at  the  instigation  of 
favorite  under-officers." 

At  both  posts  courts  were  held  by  the  military,  who  dealt  promptly 
with  offenders,  and  their  decrees  were  rigorously  and  summarily  executed. 
The  proceedings  may  have  been  arbitrary,  and  possibly  not  invariably 
just,  but  they  were  probably  adapted  to  governing  the  mixed  population 
of  English,  French,  Canadians,  Indians,  and  half  breeds,  who  at  that 
early  day  composed  the  inhabitants  of  that  wild  region,  and  it  may 
readily  be  inferred  that  they  were  neither  very  sensitive  nor  scrupulous. 

In  litigation,  however,  between  parties  that  were  in  no  way  connected 
with  the  military,  a  fair  trial  of  the  causes  was  undoubtedly  instituted, 
and,  in  general,  substantial  justice  was,  probably,  realized  as  nearly  as 
those  rude  times  permitted. 

It  was  said,  that  about  1809  or  18 10,  a  trader,  an  Irishman  by  birth, 
of  the  name  of  Campbell,  was  appointed  by  the  governor  of  the  territory 
of  Illinois  a  justice  of  the  peace  at  Prairie  du  Chien.  The  currency  at 
that  time  was  flour,  and  Campbell  charged  a  man  for  performing  the  mar- 
riage ceremony  one  hundred  pounds  of  flour,  and  afterward  for  dis- 
solving the  union  two  hundred  pounds,  alleging  that  when  i)cople  wanted 
to  get  unmarried  they  would  willingly  give  double  what  they  would 
originally  to  form  the  matrimonial  ronnertion. 


THK    HKNi:H    and    II a K    ok    WISiuNSIN.  ITi 

Nichplas  Hoilvin,  a  Canadian  of  French  extraction,  was  clothed  with 
the  dignified  office  of  justice  of  the  peace  at  Prairie  du  C'hien.  He  had 
about  the  same  amount  of  education  as  Judge  Reaunie,  of  (ireen  Hay, 
and  about  the  same  idea  of  justice,  and  was  nearly  as  arbitrary.  His 
law  library  consisted  of  a  sinjjle  volume  of  old  statutes  of  the  Northwest- 
ern territory,  one  of  that  of  Illinois,  and  one  of  Missouri  territory;  but 
m  deciding  cases  he  paid  no  attention  to  the  statutes,  deciding  accord- 
ing to  his  idea  of  right  and  wrong. 

('olonel  lU)ilvin's  two  volumes  probably  formed  the  first  law  library 
in  Wisconsin,  except,  perhaps.  Judge  Reaume's  single  volume  of  Black- 
stone.  One  of  Boilvin's  volumes  is  now,  by  the  courtesy  of  Judge 
Lorkwood,  among  the  collections  of  the  Wisconsin  Historical  Society. 
He  did  not  probably  often  consult  them,  judging  from  his  off-hand 
manner  of  administering  justice. 

('olonel  Boilvin's  office  was  just  without  the  walls  of  the  tort  at 
Prairie  du  (!hien,  and  it  was  much  the  habit  among  the  officers  of  the 
garrison  to  lounge  in  there  of  a  morning,  to  find  s|)ort  for  an  hour,  and 
to  take  a  glsss  of  brandy  and  water  with  the  old  gentleman,  which  he 
termed  taking  a  little  **fjuelque-chose.'*  A  soldier,  named  Frv.  had 
been  accused  of  stealing  and  killing  a  calf  belonging  to  M.  Rolette,  and 
Bell,  a  ( onstable^  had  been  dispatched  to  arrest  the  culprit  and  bring 
him  to  trial.  While  the  military  gentlemen  were  making,  that  morning, 
their  customary  visit  to  the  justice,  a  noise  was  heard  in  the  entry,  and 
a  knock  at  the  door.  **('ome  in,"  (  ried  the  old  gentleman,  rising  and 
walking  toward  the  door.  Bell — **  Here,  sir,  I  have  brought  Fry  to  you 
as  you  ordered."  Justice — "  Fry,  you  great  ras(  al  I  what  for  you  kill 
M.  Rolette's  calf. ^"      Fry     -"  I  did   not  kill  M.  Rolette's  <alf."     Justice 

shaking  his  fist    -**\'ou  lie,  yon  great  rascal!      Bell,  take  him  to  jail. 
(*ome,  gentlemen,  c(ime,  let  us  take  a  leetle  <iuel<|ue-chose." 

J.  H.  Rockwood  went  to  Prairie  <lu  Chien  to  reside  in  iSiO,  and  was 
a  justice  of  the  ])eace  there. 

When  Wisconsin  was  divided  into  Brown  and  Crawford  < ountics.  in 
iRiH.  Boilvin  was  i  ommissioned  by  (iovernor  Lewis  Cass,  of  Michigan. 
to  administer  the  oath  to  the  offu  ers  of  ( Crawford  county 

The  territorv  comprising  Wis<  onsin  was  a<lded   to  Michigan  in  iSiS, 
when   the  counties  of   l>rown   and  ('rawford  were  or;ianized.  the   former 
comprising   the  e.istern   and   tlu-  latter  the  western   half  of  its  territorv 
At  the  same  time  a  judi<  iai   system   seems  to  have  been   provided,  for  in 


!♦»  rnK  uenc:h  and  p.ak  ni    wiscoxsix. 

the  same  year  Mathew  Irwin  was  appointed,  by  the  ])resident,  chief  jus- 
tice, and  Charles  Reaume  and  Benjamin  Chittenden,  associate  justices. 
Of  this  array  of  judicial  functionaries  no  record  or  tradition  exists, 
showing  that  any  court  of  the  kind  was  organized. 

**  From  1816  to  1824,  although  Wisconsin  was  a  part  of  Michigan 
territory  and  nominally  under  the  protection  of  the  flag  of  the  Union, 
but  little  of  parental  care  was  bestowed  upon  her  citizens  in  civil  life 
by  the  general  government.  The  rule  that  bore  sway  was  essentially 
military.  No  courts  were  organized,  and  criminal  offenders  against  the 
laws  were  either  sent  to  Detroit  for  trial  or,  more  usually  perhaps, 
allowed  to  escape  punishment.  The  civil  code  was  limited  and  but 
sparingly  administered.  Hut  the  militaay  code,  such  as  it  was,  more 
than  supplied  the  deficiencies  of  the  civil.  While  this  state  of  things 
continued  it  occasionally  happened  that  some  military  genius,  possessed 
of  more  tinsel  than  discretion,  became  the  commanding  officer;  and,  to 
mark  the  era  of  his  reign,  would  exercise  his  little  brief  authority  in  an 
arbitrary  manner,  and  thus  contrive  to  render  the  condition  of  the  citi- 
zen as  uncomfortable  as  possible.  Instances  of  high-handed  oppression 
and  injustice  were  in  the  early  days  of  our  history  frequently  committed 
by  some  military  martinet  upon  the  persons,  liberty  or  property  of  those 
whom  they  were  sent  to  protect." 

"An  affair  of  this  character  occurred  at  Green  Bay,  where  two  citi- 
zens were  arrested  by  the  sentinel  in  open  day  and  marched  to  the  fort, 
charged  with  having  dared  to  land  on  the  fort  side  of  the  river  without 
permission  from  the  commanding  officer.  In  this  instance  the  military 
was  compelled  to  succumb  to  the  civil  authority ;  the  officer  by  whose 
orders  the  parties  were  arrested  was  prosecuted  for  the  outrage,  and 
considered  himself  fortunate  in  escaping  with  a  fine." 

**It  has  been  remarked  that  during  the  period  of  eight  years  |)rior  to 
1824 — the  year  of  the  advent  of  Judge  Doty — the  country  was  principally 
subjected  to  military  rule.  It  was  not,  however,  entirely  so,  as  there 
was  a  species  of  civil  authority  exercised  in  the  parts  of  the  country 
where  there  were  white  inhabitants,  and  which  in  many  respects  was 
quite  uni([ue  and  amusing." 

While  minor  causes  continued  u\)  to  1824  to  be  arbitrated  by  the 
military  and  local  courts,  such  as  they  were,  appeals  of  the  more  im- 
portant litigations  had  to  be  taken  to  Detroit,  the  capital  of  the  territory. 
The  formidable  undertaking  of  parties  in  suit  with  their  witnesses  to 


THF.    BENCH    AM)    BAR    OF    WISCONSIN.  17 

make  the  journey  all  the  way  from  these  remote  settlements  to  Detroit 
may  be  readily  imagined.  It  would  be  accounted  a  hardship  even  at 
this  day  of  steamships  and  railways.  Then  it  could  be  made  only 
during  the  season  of  navigation  in  canoes  and  vessels.  The  inability 
of  those  who  could  not  accomplish  this  journey  of  four  hundred  miles 
from  Green  Bay,  and  eight  hundred  from  Prairie  du  Chien,  and  the 
greater  difficulty  in  getting  witnesses  there,  virtually  deprived  them  of 
their  right  to  be  heard  by  the  territorial  supreme  court. 

"  Wisconsin  formed  at  that  period  in  name,  but  scarcely  in  affinity, 
a  part  of  the  territory  of  Michigan.  The  laws  then  in  force  were  crude 
and  ill  advised,  some  of  which  were  really  disgraceful  to  those  who 
enacted  them  —  such,  for  instance,  as  public  whipping  and  selling 
offenders  into  servitude  for  a  period  not  exceeding  three  months,  simply 
for  the  commission  of  mere  petty  offenses.  These  laws  were  enacted 
by  a  legislative  board,  consisting  of  the  governor  and  judges  of  the  ter- 
ritory, who  received  their  appointments  from  the  general  government 
and  were  in  no  way  amenable  to  the  peo|)le  who  were  to  he  governed 
by  their  enactments." 

"At  the  period  alluded  to,  imprisonment  for  debt  was  the  law;  but 
the  territorial  legislature  generously  enacted  that  no  person  should  be 
imprisoned  when  the  debt  or  damaj;es  in  the  execution  did  not  exceed 
the  sum  of  five  dollars.  Jurors  knowing  anything  relative  to  the  matter 
in  dispute  were  required  to  disown  the  same  in  open  court.  The  fees 
of  counsel  and  attorneys  in  the  suprtrme  court  in  civil  suits  was  five 
dollars,  and,  if  settled  out  of  court,  one-third  of  that  sum.  The  salary 
of  the  attorney-general  was  twenty-five  dollars  per  annum." 

**In  the  year  1816  a  small  book  of  one  hundred  and  forty  pages  was 
published,  containing  at  length  a  part  of  ilie  laws  then  in  force,  and 
only  the  titles  to  the  larger  number,  the  funds  of  the  territory  not  being 
sufficient  to  print  a  complete  copy  of  all  the  laws." 

'*  The  territorial  government  was  very  n)U(  h  restricted  in  its  |)owers 
and  was  treated  by  the  federal  government  as  a  rol(»nv  rather  than  as  a 
separate  political  organization.  All  territorial  otVuers  were  af)pointed 
by  the  President,  and  all  laws  enacted  by  the  K  gisl.uive  ronncil,  if  dis- 
approved by  congress,  became  null  and  void,  and  until  1.S23  the  gover- 
nor had  no  pardoning  |)ower.*' 

As  Wisconsin  was  a  |)art  of  Michigan   from  1818  to  1836  it  may  be 

of  interest  to  refer  to  the  state  of  the  judicature  of  ilie  territorial  gov- 

2 


18  THK    BENCH    ANb    BAR    OF    WISCONSIN. 

ernment  of  that  long  period.  On  the  organization  of  the  Michigan 
territorial  government  the  judiciary  appointed  by  the  President  was 
composed  of  three  judges  whose  terms  of  office  were  during  good 
behavior  until  March  3,  1823,  when  the  term  was  made  four  years. 
Singularly  enough,  the  framing  of  the  laws  was  placed  in  the  hands,  con- 
jointly, of  the  governor  and  judges,  subject  to  disapproval  by  congress. 
The  three  judges  formed  the  supreme  court,  and  were  invested  with  both 
civil  and  military  jurisdiction.  It  is  a  part  of  the  history  of  those  days 
that  the  members  of  this  august  court  did  not  affiliate  any  too  well,  and, 
as  a  consequence,  often  failed  of  unanimity  in  their  decisions.  This 
want  of  harmony  was  more  marked  when  these  legal  sages  were  in 
council  as  legislators  than  when  sitting  on  the  bench. 

Lawyers  of  those  early  days  were  often  shrewd  and  unscrupulous, 
and  when  any  of  them  desired  to  be  sure  of  winning  a  particular  case 
would  frame  a  bill  to  meet  his  wants  and  lobby  it  through  the  legislative 
body,  which  might  not  have  been  a  ver}'  formidable  undertaking,  inas- 
much as  the  council  consisted  of  only  four  persons.  Lawyers  received 
the  magnificent  fee  of  five  dollars  for  trying  a  case,  and  when  the  case 
was  settled  before  going  into  court  the  fee  was  one-third  that  amount. 
But  then  a  little  money  went  a  great  ways  in  the  simplicity  of  those 
times. 

The  laws  then  in  vogue  were  in  keeping  with  the  old  English  laws : 
there  was  imprisonment  for  debt  that  exceeded  five  dollars;  whipping 
was  used  for  offenses  of  inferior  character,  or  the  delinquent  hired  out 
by  the  constable  for  a  specified  lime  for  the  highest  wages  then  prevail- 
ing, to  be  applied  to  the  benefit  of  the  poor  that  were  a  charge  on  the 
county.  The  Puritan  laws  were  imitated  in  providing  for  the  punish- 
ment of  witchcraft  by  fine  or  imprisonment ;  yet  another  law  enacted 
that  those  practicing  that  and  kindred  mysterious  and  mischievous  arts 
should  not  be  prosecuted ;  an  inconsistency  that  cannot  readily  be 
accounted  for. 

That  slavery  formed  a  feature  of  that  enlightened  civilization,  inas- 
much as  a  mulatto,  negro,  or  Indian  slave  could  be  doomed  for  mis- 
demeanors to  corporal  punishment  short  of  imperiling  life  or  limb.  A 
commendable  enactment,  however,  abolished  appeal  for  murder  and 
taking  the  **  benefit  of  clergy." 

"In  January,  1823,  an  act  of  congress  provided  for  the  appointment 
of  an  additional  judge  of  Michigan,  his  jurisdiction  to  comprise  the  coun- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  19 

ties  of  Brown,  Crawford  and  Mackinac.  The  court  had  concurrent 
civil  and  criminal  jurisdiction  with  the  supreme  court  of  the  territory, 
subject,  however,  to  have  its  decisions  taken  to  the  supreme  court  by 
writ  of  error,  but  no  jurisdiction  in  admiralty  and  maritime  cases,  nor 
in  specified  cases  in  which  the  United  States  should  be  plaintiff." 
James  Duane  Doty  became  this  judge,  January  30,  1823. 

**Thc  terms  of  the  court  were  to  be  held  annually  at  Prairie  du 
Chien  in  May,  Green  Bay  in  June,  and  Mackinac  in  July.  Judge  Doty 
did  not  arrive  in  the  district  until  midsummer  of  1823,  and  no  regular 
court  was  held  that  year.  A  special  term  of  the  court  was  appointed  to 
be  held  for  trial  of  criminals  at  Green  Bay.*' 

The  next  year  the  term  of  office  of  judge  of  the  district  was  ex- 
tended to  four  years,  and  Judge  Doty  was  reappointed  February  28, 
1824,  to  fill  out  the  extended  time.  The  first  term  of  his  court  for 
Green  Bay  was  set  for  June  20,  1824.  The  judge  failed  to  appear  at 
the  designated  time,  and  the  clerk  adjourned  the  court  from  day  to  day 
for  ten  days,  when  he  finally  adjourned  it  to  October  4,  succeeding. 
In  the  meantime  the  judge  received  his  commission  from  President 
Monroe,  and  on  the  day  for  opening  the  court  produced  it,  was  sworn 
in,  and  took  his  seat  upon  the  bench. 

At  that  time  Henry  S.  Baird  was  quite  a  young  man,  residing  at 
Mackinac.  He  appeared  at  this  term  of  court  at  Green  Bay  and  was 
admitted  to  the  bar  as  an  attorney  by  Judge  Doty,  who  then  appointed 
him  district  attorney  —  the  first  to  hold  that  office  in  Wisconsin.  The 
same  year  Mr.  Baird  moved  to  Green  Bay,  and  was  the  first  regular 
lawyer  to  settle  down  to  practice  on  Wisconsin  territory. 

Singularly  enough  the  advent  of  this  court  gave  offense  to  the  old 
settlers,  as  seeming  to  encroach  upon  their  old  customs  and  habits,  and 
as,  perhaps,  placing  them  under  restraint  to  which  their  free  mode  of 
life  in  that  wild  country  had  made  them  strangers.  They  called  it  an 
infringement  on  their  magna  charta. 

At  the  first  term  of  this  court  at  Green  Bay  the  first  grand  jury  in 
Wisconsin  was  impaneled.  A  large  amount  of  business  was  brought 
before  it.  Forty-five  indictments  were  found  and  presented  to  the 
court  —  one  for  murder,  on  which  there  was  a  conviction;  some  for 
assault  and  battery,  larceny,  selling  spirituous  lii^uors  to  the  Indians, 
and  last,  but  not  least,  twenty-eight  cases  for  cohabitation  without  the 
marriage  rite  of  civilization. 


20  THE    BENCH    AND    BAR    OF    WISCONSIN. 

At  an  early  day  a  class  of  settlers  adopted  the  Indian  custom  of  tak- 
ing squaws  for  wives  without  the  marriage  ceremony  usual  in  civilized 
communities.  Upon  the  advent  of  Judge  Doty  to  magisterial  authority 
at  Green  Bay,  twenty-eight  of  the  men  holding  domestic  relations  of  this 
undefined  character  were  summoned  to  answer  to  the  charge  of  illegiti- 
mate domestic  relations,  were  commanded  to  submit  to  marriage  rites 
and  then  to  be  let  off  with  a  nominal  fine  of  one  dollar  and  costs,  or  be 
fined  fifty  dollars,  and  all  but  two  of  them  obeyed  the  mandate  and  mar- 
ried their  Indian  women. 

One  case  of  this  kind  excited  considerable  amusement  in  court.  A 
party,  who  had  been  indicted  at  the  first  term,  had  refused  to  marry,  and 
paid  a  fine  of  fifty  dollars  —  yet  continuing  to  live  on  in  the  same  style 
of  connubial  felicity,  was  indicted  at  a  subsequent  term.  Before  the 
grand  jury  made  the  presentment  to  the  court  the  delinquent  was  in- 
formed of  the  finding  of  the  bill,  and  advised  to  marry  before  the  open- 
ing of  the  court  the  next  day.  This  he  concluded  to  do,  and  early  in 
the  morning  he  called  on  a  justice  of  the  peace  and  had  the  ceremony 
duly  performed.  At  the  opening  of  the  court  he  appeared  and  presented 
the  marriage  certificate, saying,  "There  now.  I  suppose  you  are  satisfied 
as  I  have  married  the  squaw."     He  was  permitted  to  "go  without  day.*' 

According  to  the  rulings  of  courts  of  later  years,  had  these  cases  ob- 
tained at  the  present  day,  those  marriages  of  affinity  would  probably 
have  been  adjudged  legally  binding  upon  the  parties. 

By  the  law  of  the  state  of  New  York  a  man  and  woman  who  are 
competent  to  marry  each  other,  without  going  before  a  minister  or  mag- 
istrate, without  previous  public  notice  given,  with  no  form  of  ceremony, 
civil  6r  religious,  and  with  no  record  or  written  evidence  of  the  act  kept, 
and  merely  by  words  of  present  contract  between  them,  may  take  upon 
themselves  relation  of  husband  and  wife,  and  be  bound  to  themselves, 
to  the  state  and  society  as  such.  And  if  after  that  the  marriage  is  de- 
nied, proof  of  actual  cohabitation  as  husband  and  wife,  acknowledgment 
and  recognition  of  each  other  to  friends  and  acquaintances  and  the  pub- 
lic as  such,  and  the  general  reputation  thereof,  will  enable  a  court  to 
presume  that  a  bona  fide  marriage. 

The  court  for  Crawford  county  was  held  at  Prairie  du  Chien.  To 
reach  that  place  from  Green  Bay  the  passage  was  made  in  bark  canoes 
by  the  way  of  the  Fox  and  Wisconsin  rivers.  Annual  journeys  were  un- 
dertaken between  the  two  points  from  1825  to  1828  by  the  judge  and 


THE    BENCH    AND    BAR    OF    WISCONSIN.  21 

district  attorney  in  one  canoe.  It  was  manned  by  seven  Indians,  and 
the  trip  each  way  occupied  about  seven  days.  Mr.  Baird,  who  was  the 
district  attorney,  usually  took  his  family  along.  Mrs.  Baird,  who  is  now 
living,  relates  that  the  journey  was  rendered  very  enjoyable  by  its  socia- 
bility and  novelty.  It  was  through  a  wilderness  country,  on  wild  waters, 
and  no  white  inhabitant  found  along  its  entire  course. 

In  1829  Morgan  L.  Martin  came  to  Green  Bay  and  subsequently 
was  admitted  to  the  bar  by  the  court,  and  in  May  of  the  same  year,  he 
and  Judge  Doty  and  H.  S.  Baird,  with  a  Menominee  Indian  for  a  guide, 
traveled  on  horseback  from  Green  Bay  to  Prairie  du  Chien  and  back. 
They  were  the  first  white  people  to  make  the  journey  by  land.  It  took 
them  seven  days,  during  which  they  saw  no  white  person.  Their  way 
led  through  an  unexplored  country  and  their  course  took  them  through 
what  is  now  Fond  du  Lac,  Green  Lake,  Madison,  Blue  Mounds  and 
Dodgeville,  crossing  the  Wisconsin  river  six  miles  above  its  confluence 
with  the  Mississippi.  At  those  early  days  courts  were  held  in  rooms  in 
log  dwellings,  log  school-houses  and  barns  in  an  emergency,  as  was 
the  case  at  its  term  at  Prairie  du  Chien  in  May,  1826,  when  the  site  of 
the  town  was  inundated  by  a  rise  of  the  Mississippi  and  Wisconsin  rivers. 

*' It  will  naturally  be  imagined  that,  under  such  circumstances,  court 
could  not  be  held.  But  not  so  —  a  large  barn,  situated  on  dry  ground, 
was  fitted  up  for  the  occasion.  The  judge  and  attorneys  occupied  the 
extensive  threshing  floor,  and  the  jurors,  the  mows.  When  the  latter 
retired  to  make  up  a  verdict,  they  were  conducted  by  an  officer  to  an- 
other barn  or  stable." 

\J\yon  the  discovery  and  development  of  lead  mines  in  the  south- 
western |>ortion  of  the  state,  settlements  were  made  there,  and  becoming 
of  importance  that  section  was  set  off  from  Crawford  and  constituted 
Iowa  county.  Mineral  Point  made  the  county  seat,  and  courts  were  held 
there  as  well  as  at  Prairie  du  Chien  and  Green  Bay. 

In  1832  Judge  Doty  resigned  his  seat  on  the  territorial  bench. 
Judge  Doty  was  succeeded  as  territorial  judge  by  David  Irvin,  of  Vir- 
ginia, who  continued  in  the  office  until  the  organization  of  the  territory 
of  Wisconsin,  when  he  became  one  of  the  associate  judges  of  the  terri- 
torial supreme  court. 


92  THK   BENCH    AND    BAR    OF    WISCONSIN. 

THE  TERRITORIAL   COURTS. 

The  territory  of  Wisconsin  was  established  by  act  of  congress,  April 
20,  1836,  and  went  into  effect  July  3,  1836.  It  comprised  what  is  now 
the  states  of  Wisconsin,  Iowa,  and  the  portion  of  Minnesota  lying  west 
of  the  Mississippi  river.  The  judiciary  of  the  territory  was  vested  in  a 
supreme  court,  district  courts,  probate  courts,  and  justices  of  the  peace. 

The  supreme  court  was  composed  of  a  chief  justice  and  two  asso- 
ciate justices,  appointed  by  the  President,  and  the  first  of  these  officers 
were :  Charles  Dunn,  chief  justice ;  David  Irvin  and  William  C.  Fra- 
zer,  associate  justices.  They  were  inaugurated  into  these  offices  con- 
jointly with  the  new  governor  and  secretary  of  the  territory,  at  Mineral 
Point,  July  4,  1836,  that  place  having  become  the  chief  point  of  popula- 
tion and  business  in  the  new  territory. 

"  A  question  arose  as  to  the  residence  of  Judge  Irvin,  who,  it  seems, 
resided  in  Ohio  or  Virginia,  excepting  when  holding  courts  in  the  terri- 
tory. The  people  of  Green  Bay  deemed  the  office  vacant  on  account 
of  the  non-residence  of  Irvin,  and  petitioned  the  President  to  appoint  a 
judge  in  his  stead,  and  Mr.  Burnett's  name  was  presented  to  the  Presi- 
dent to  fill  the  vacancy.  But  the  vacancy  was  not  recognized,  and,  of 
course,  no  appointment  made." 

It  appears  that  Judge  Frazer  held  his  first  court  in  Milwaukee  and 
his  last  at  Green  Bay,  in  October,  1838,  when  he  got  dead  drunk,  was 
put  on  board  a  vessel  bound  for  Milwaukee ;  on  its  arrival  at  the  latter 
port  the  judge  was  landed  and  taken  by  a  friend  to  his  house,  where 
he  shortly  after  died  from  the  effects  of  his  debauch,  and  was  buried 
neglected  by  his  legal  brethren. 

Judge  Frazer  first  arrived  in  the  village  of  Milwaukee  upon  a  pleas- 
ant Sunday  evening  in  June,  1837.  He  put  up  at  the  Cottage  Inn,  kept 
by  Levi  Vail,  and  then  looked  around  for  something  social.  He  fell  in 
with  a  party  of  his  old  Kentucky  friends,  among  whom  was  Colonel 
Morton,  who  was  then  register  of  the  land  office.  The  judge  eagerly 
accepted  an  invitation  from  the  colonel  for  a  game  of  poker.  At  first 
a  small  sum  of  money  was  staked,  then  larger;  the  excitement  ran  high; 
game  after  game  followed ;  the  small  hours  of  Monday  morning  were 
rapidly  becoming  larger.  Judge  Frazer  finally  arose  and  apologized, 
remarking  that  the  grand  jury  were  to  meet  at  10  o'clock,  that  he  had  a 
charge  to  make  to  them,  and  would  have  to  go.     He  then  took  break- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  23 

fiist,  and  entering  the  court  room  opened  court  in  a  style  that  did  not 
favorably  impress  the  members  of  the  bar  present.  He  was  finely 
dressed,  was  very  tall,  with  large  head,  red  face,  and  a  voice  rough  and 
unpleasant.  It  became  his  duty  then  and  there,  as  district  judge,  to 
read  to  the  jury  the  laws  leveled  against  gambling.  He  not  only  read 
it,  but  edged  on,  perhaps,  by  his  bad  luck  in  cards  since  coming  to  Mil- 
waukee, he  not  only  read  the  law,  but  added  some  remarks  to  the  end 
that  *  a  gambler  is  unfit  for  earth,  heaven  or  hell,  and  God  would  shud- 
der at  the  sight  of  one.*  This  was  but  the  commencement  of  a  course 
which  aroused  to  a  man  the  members  of  the  bar  practicing  in  his  court. 
Being  in  a  new  and  undeveloped  country,  he  seemed  to  delight  in  set- 
ting at  defiance  not  only  the  bar,  but  the  plainest  principles  of  law. 
A  number  of  important  criminal  cases  were  tried  before  him  at  this 
term  of  court,  and  among  those  who  were  employed  jn  them  were  the 
distinguished  Jonathan  E.  Arnold,  on  the  defense,  and  Horatio  N.  Wells, 
prosecuting  attorney. 

The  district  courts  exercised  the  like  jurisdiction  as  that  of  the 
circuit  and  district  courts  of  the  United  States,  and  a  marshal  of  the 
territory  was  appointed  by  the  President.  The  government  of  the  terri- 
tory was  organized  July  4,  1836.  Until  the  ensuing  legislature  provided 
laws  on  the  goverment  of  the  territory,  the  courts  administered  the  laws 
of  Michigan,  and  when  sitting  as  United  States  circuit  and  district 
courts  they  were  governed  by  the  laws  of  congress  in  all  criminal  as  well 
as  civil  causes. 

As  before  named  the  territory  was  divided  into  three  judicial  dis- 
tricts, and  each  district  court  was  to  be  held  by  one  of  the  judges  of 
the  supreme  court.  These  same  judges  composed  the  supreme  court, 
and  the  anomaly  was  presented  of  judges  sitting  as  a  supreme  court  to 
act  upon  appeals  from  their  own  decisions  as  district  judges.  The  su- 
preme and  the  district  courts  possessed  both  chancery  and  common  law 
jurisdiction,  and  appeals  could  be  made  to  the  supreme  court  of  the 
United  States  when  the  amount  in  litigation  exceeded  one  thousand  dol- 
lars. At  the  first  session  of  the  territorial  legislature  the  counties  of 
the  territory  were  formed  into  three  judicial  districts.  To  Judge  Dunn 
was  assigned  Crawford  and  Iowa  counties  for  the  .first  district;  to  Judge 
Irvin,  Dubuque  and  Des  Moines  for  the  second ;  and  Hrown  and  Mil- 
waukee to  Judge  Frazer  for  the  third.  Sitting  as  a  supreme  court,  the 
first  terra  held  by  these  judges  was  at  Helmont,  commencing  December 


24  THE    BENCH    AND    BAR    OF    WISCONSIN. 

8,  1836.  The  chief  justice  and  Judge  Irvin  only  appeared  on  the 
bench.  John  Catlin  was  installed  as  clerk.  The  first  act  of  this  court 
was  to  administer  the  oath  of  office  to  H.  S.  Baird,  who  had  been 
appointed  the  territorial  attorney-general.  The  court  having  now  fully 
organized,  the  only  business  of  the  term  was  the  admission  of  H.  S. 
Baird,  John  S.  Horner,  Parley  Eaton,  James  Nagle,  James  H.  Lockwood, 
William  R.  Smith,  Hans  Crocker,  William  N.  Gardner,  Joseph  Yeas, 
Thomas  P.  Burnett,  James  B.  Dallam,  Barlow  Shackelford,  Lyman  J. 
Daniels,  William  W.  ('hapman,  James  Duane  Doty,  David  G.  Fenlon, 
and  Peter  Hill  Engle,  as  attorneys.  Madison,  the  new  capital  of  the 
territory,  having  been  designated  as  the  place  in  which  to  hold  annual 
sessions  of  the  supreme  court,  the  court  adjourned  to  meet  at  Madison 
in  July,  1837.  In  that  year,  there  being  no  business  to  come  before  it, 
no  session  was  held. 

The  succeeding  year  the  annual  term  of  the  court  was  held  in  July, 
at  Madison,  in  which  city  all  the  terms  of  this  court  have  since  been 
holden.  At  this  term  Chief  Justice  Dunn  and  Judge  Frazer  only  were 
present,  and  they  admitted  Jonanthan  E.  Arnold,  H.  N.  Wells,  Francis 
J.  Dunn,  F.  H.  Lovell  and  William  H  Banks.  The  rules  of  this  court 
numbering  one,  two  and  three  were  adopted,  and  some  motions  argued, 
when  the  court  adjourned. 

During  the  latter  pari  of  the  summer  of  1835  James  D.  Doty  and 
Morgan  L.  Martin  were  sent  to  Detroit  as  territorial  delegates,  and 
when  they  returned  they  brought  with  them  a  commission  to  Albert 
Fowler  as  justice  of  the  peace.  It  was  signed  by  Steven  G.  Mason, 
governor  of  the  territory  of  Michigan,  and  was  the  first  paper  of  the 
kind  issued  outside  of  Brown  and  Crawford  counties. 

Justice  Fowler's  jurisdiction  extended  over  nearly  one-half  of  the 
present  state,  comprising  all  the  territory  east  of  the  Rock  river;  but 
history  fails  to  record  that  his  justice  business  was  brisk. 

July  4,  1836,  N.  F.  Hyer  was  commissioned  by  Governor  Dodge 
justice  of  the  peace  and  judge  of  probate  at  Madison.  At  the  same 
time  Daniel  Wells,  jr.,  was  also  commissioned  justice  of  the  peace  for 
.Milwaukee. 

The  first  case  tried  before  Justice  Wells  was  one  in  which  a  culprit 
was  fined  five  dollars  and  costs,  one  half  of  which  were  the  fees  of  the 
justice,  and  the  other  half  was  to  go  to  the  county  treasurer,  and  the 
humor  of  it  was,  the  same  justice  was  the  county  treasurer. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  25 

The  territory  comprising  Iowa  was  separated  from  Wisconsin,  July  4, 
1838, and  on  July  15,  Moses  M.  Strong  was  commissioned  United  States 
district  attorney  for  the  territory  of  Wisconsin,  as  successor  to  Mr. 
Chapman. 

February  8,  1839.  Chauney  H.  Peak  was  commissioned  by  Gover- 
nor Henry  Dodge  a  justice  of  the  peace  for  the  county  of  Milwaukee. 

On  November  19,  1838,  Andrew  G.  Miller,  of  Pennsylvania,  was 
appointed  by  President  Van  Buren  to  fill  the  vacant  place  on  the  bench 
of  the  supreme  court,  and  he  took  the  oath  of  office  December  10,  fol- 
lowmg.  He  made  his  residence  in  .Milwaukee,  where  he  was  **  sworn 
in  "  by  J.  S.  Rockwell,  a  justice  of  the  peace. 

In  July,  1839,  the  annual  session  of  the  supreme  court  was  held  for 
the  first  time  with  a  full  bench.  Heretofore  all  documents  issued  by 
this  court  requiring  a  seal  received  only  the  stamp  of  the  clerk,  im- 
pressed upon  a  wafer  or  upon  sealing-wax.  Consequently  the  court  at 
this  time  provided  for  a  seal  for  its  use. 

H.  S.  Baird,  the  attorney-general,  failing  to  be  present,  F.  J.  Munger, 
by  request  of  the  court,  performed  the  duties  of  that  office  for  the  ses- 
sion. Attorneys  appeared  and  argued  some  few  cases  and  decisions 
rendered  thereon.  F.  J.  Munger,  W.  N.  Seymour,  John  Catlin,  and  N. 
F.  Hyer  were  admitted  to  the  bar.  John  Catlin  resigned  his  office  of 
clerk,  and  Simeon  Mills  was  appointed,  and  La  Fayette  Kellogg  deputy 
clerk  ;  and  rules  number  dv^i  and  six  were  added  to  the  code  of  prac- 
tice. 

Mr.  Mills  resigned  at  the  July  term  of  1840,  and  Mr.  Kellogg  was 
promoted  to  the  office  of  chief  clerk,  and  held  the  office  during  the 
existence  of  the  territory. 

At  this  sitting  the  court  adopted  rules  numbering  from  seven  to  six- 
teen, and  number  seventeen  was  added  in  1843,  which  completed  the 
rules  governing  the  practice  in  the  court  until  its  last  term,  in  August, 

1847. 

Rules  of  practice  for  the  district  courts  were  instituted  by  this  court 

at  its  regular  term  in  July,  1840,  and  were  such  as  the  profession  cheer- 
fully approved,  and  which  subsequently  became  substantially  the  rules 
governing  the  United  States  district  courts  for  ihe  state  of  Wisconsin. 
These  rules  proved  by  their  simplicity  very  useful  to  the  practitioner,  in 
relieving  him  from  the  production  in  court  of  elaborate  papers  in  his 
cases,  and  confining  him  to  the  more  satisfactory  rule  of  preparing 
briefs. 


26  THE    BENCH    AND    BAR    OF    WISCONSIN. 

On  July  4,  1838,  the  territory  of  Iowa  was  organized,  leaving  to  Wis- 
consin the  territory  east  of  the  Mississippi  river.  Accordingly,  a  new 
division  of  counties  into  judicial  districts  was  made  for  Wisconsin,  in 
1839,  by  the  legislature.  The  (irst  district  was  composed  of  Crawford, 
Grant,  and  Iowa,  and  assigned  to  Judge  Dunn;  Rock,  Green,  Dane, 
Jefferson,  and  Walworth,  the  second  district,  was  assigned  to  Judge 
Irvin ;  and  Milwaukee,  Racine,  and  Brown,  the  third  district,  and 
assigned  to  Judge  Miller.  For  judicial  purposes  unorganized  territory 
was  attached  to  contiguous  counties  in  these  districts. 

The  legislature  of  1838  appointed  A.  L.  Collins,  M.  L.  Martin,  and 
Marshall  M.  Strong,  of  the  council,  and  Whiton,  Shackelford,  and  Story, 
of  the  house,  a  committee  to  revise  the  laws  of  the  territory,  which  duty 
was  performed  by  them  during  the  recess  of  the  legislature,  their  revi- 
sion accepted  by  the  succeeding  legislature,  and  became  the  territorial 
statutes  on  July  4,  1839.  The  volume  in  which  they  were  published 
was  enhanced  in  value  by  the  marginal  notes  prepared  by  Judge  Whiton, 
of  the  committee,  to  whom  the  duty  was  entrusted,  in  connection  with  his 
supervision  of  printing  of  the  work  and  making  the  index.  With  inci- 
dental changes  from  year  to  year  by  the  legislature,  these  statutes  were 
in  operation  ten  years,  when  the  organization  of  the  state  necessitated  a  * 
new  code. 

The  territorial  laws  were  mainly  abstracts  from  the  statutes  of  Ohio, 
Massachusetts,  and,  chiefly,  New  York.  Previous  to  their  adoption  by 
constituted  authority  the  usual  claim  laws  of  squatters  and  minors  then 
in  vogue  necessarily  became  inoperative,  and  the  regularly  constituted 
enactments  succeeding  them  proved  well  adapted  to  the  condition  and 
wants  of  all  classes  of  the  early  settlers  in  the  wild  and  expansive  coun- 
tiy  they  inhabited. 

"  Before  lands  were  brought  into  market  by  the  president's  proclama- 
tion, the  settlers  had  adopted  a  system  for  their  mutual  protection.  The 
settler  who  first  entered  on  a  quarter  section  of  land,  or  a  fraction  of 
a  section,  was  protected  in  his  possession  against  jumpers  of  his  claim. 
By  the  settlers'  code  the  jumper  was  summoned  before  their  committee, 
who  summarily  disposed  of  the  case.  If  the  complainant  was  found  to 
be  an  actual  settler  and  entitled  to  his  claim,  the  jumper  was  made  to 
surrender  without  delay.  There  was  no  resisting  the  judgment  of  the 
committee,  for  the  whole  town  formed  a  posse  to  enforce  the  decision. 
This  was,'  under  the  circumstances,  a  wise  and  humane  provision  for  the 


THE   BKNCH    AND    BAR    OF    WISCONSIN.  27 

early  settlement  and  improvement  of  the  country;  and  in  many  in- 
stances prevented  personal  quarrels. 

^  In  the  early  days  of  the  territory,  immigrants  from  Eastern  states 
purchased  of  the  settlers  claims  on  government  lands,  and  for  a  portion 
of  the  consideration  gave  them  personal  obligations  A  great  number 
of  actions  were  brought  on  those  contracts,  which  were  defended  against 
on  the  ground  that  the  settler  being  a  trespasser  on  the  lands  the  con- 
tract was  void.  The  courts  held  such  contracts  valid,  notwithstanding 
the  settler  may  be  considered  strictly  in  the  light  of  a  trespasser  on  gov- 
ernment lands.  Where  the  government  had  not  dispossessed  either  the 
original  settler  or  the  purchaser,  and  the  settler  had  made  some  im- 
provements or  done  some  work  on  the  land,  possession  was  secured  to 
the  occupant,  by  the  settlers'  rules,  until  the  land  was  sold  by  the  gov- 
ernment. The  miner  who  had  prospected  and  discovered  mineral, 
claimed  a  right  to  work  the  mine  subject  to  a  certain  royalty.  The 
action  of  ejectment  and  trespass  under  the  revised  statutes,  superseded 
those  primitive  systems." 

The  statute  laws  of  the  new  territory  were  framed  in  conformity  to 
the  constitution  of  the  United  States,  establishing  grand  juries ;  speedy 
and  impartial  trials  by  juries  for  accusations  of  crime,  and  for  juries  in 
civil  cases. 

To  meet  these  requirements  grand  and  petit  juries  were  summoned 
to  meet  every  term  of  the  territorial  district  courts.  They  were  paid  for 
their  services  and  travel  by  the  general  government  for  the  first  week  of 
the  term;  for  the  remainder  of  the  term  by  the  county  in  which  the 
court  was  held.  Causes  in  which  the  United  States  was  a  party  took 
precedence  of  all  other  cases,  and  were  usually  heard  during  the  first 
week  of  the  term. 

It  is  stated  that  these  territorial  courts  adhered  strictly  to  the  techni- 
calities of  common  law  and  equity  practice,  their  rulings  duly  modified 
by  ensuing  amendments;  and  that  *'many  valuable  precedents  and 
principles  were  established  by  the  territorial  supreme  court."  The  office 
of  judge  during  territorial  government  was  no  sinecure.  "Contracts 
necessarily  made  in  opening  up  and  improving  of  the  country  gave  rise 
to  a  great  amount  of  litigation.  The  district  courts,  especially  of  the 
first  and  third  districts,  were  open  a  large  portion  of  the  year  after  1842.*' 
In  the  third  district  eight  thousand  cases  were  disposed  of  from  the  last 
named  date  to  the  closing  up  of  the  territorial  government.     During  the 


28  THE    BENCH    AND    BAR    OF    WISCONSIN. 

existence  of  the  territory  the  counties  of  Washington,  Fond  du  Lac, 
.Winnebago,  Sheboygan,  Dodge,  Manitowoc  and  Waukesha  had  been 
organized  and  added  to  the  third  judicial  district,  and  several  other  coun- 
ties were  formed  and  added  to  the  other  districts. 

The  official  duties  of  the  judges  of  these  courts  were  greatly  en- 
hanced by  the  enactment  by  congress  of  the  bankrupt  law  of  1841,  the 
administration  of  which  devolved  upon  them.  The  onerous  labors  thus 
imposed  may  be  understood  by  the  fact  thai  the  supreme  court  adjudi- 
cated three  hundred  and  fifteen  bankrupt  cases.  Out  of  this  number  all 
but  fifteen  received  a  discharge  from  their  old  debts. 

These  debts  were  chiefly  contracted  in  the  eastern  states,  where  they 
failed  in  business,  consequent  upon  the  bursting  of  the  speculation  bub- 
ble of  1836.  The  discharge  of  the  three  thousand  bankrupts  from  their 
financial  obligations  covered  an  estimate  of  two  millions  of  dollars.  By 
the  act  the  judges  established  their  own  rules  of  procedure  and  bill 
fees.  That  they  were  modest  in  the  latter  may  rightly  be  inferred  from 
the  fact  that  the  fees  in  each  case  averaged  less  than  twenty  dollars. 
The  courts  of  bankruptcy  were  held  in  Madison,  its  sessions  ending  in 
thirteen  months,  the  act  having  been  repealed  in  March,  1843. 

During  the  existence  of  the  territorial  courts  arraignment  of  crimi- 
nals were  not  numerous,  which  is  creditable  to  the  character  of  the  pop- 
ulation, as  crimes  of  various  kinds  would  naturally  be  expected  in  a 
country  so  new,  extensive  and  sparsely  settled. 

**  The  members  of  the  territorial  bar,  coming  from  different  states,  in 
which  diverse  and  peculiar  rules  of  practice  had  prevailed,  brought  with 
them,  and  imparted  in  a  great  degree  to  the  practice  in  the  territory,  the 
rules  and  course  of  procedure  to  which  they  had  been  accustomed,  thus 
introducing  confusion  and  uncertainty,  in  a  degree  unavoidable,  into  the 
proceedings  of  the  courts.  It  was  thus  fortunate  for  the  people  of  those 
territorial  times  that  the  judges  who  administered  the  law  were  educated, 
intelligent,  learned  in  the  law,  of  undoubted  integrity,  and  diligent  and 
faithful  to  their  trusts.  As  supreme  judges  they  sought  to  arrive  at  cor- 
rect results  more  than  to  write  elaborate  opinions.  Aided  by  a  bar 
which  was  constantly  increasing  in  numbers,  very  many  of  whom,  in 
point  of  intellectual  power  and  legal  learning,  would  have  occupied  high 
positions  at  the  bar  of  any  state,  the  record  of  their  rulings  may  be  re- 
garded by  the  people  and  profession  with  satisfaction  and  with  pride.** 

There  were  annual  sessions  of  the  supreme  court  at  Madison  from 


.  i 


THE    BENCH    AND    BAR    OF    WISCONSIN.  20 

1840  to  1847,  but  the  district  courts  continued  until  Wisconsin  became 
a  state,  May  29,  1848,  when  their  functions  ceased,  and  their  places 
became  filled  by  the  organization  of  courts  under  the  constitution  of 
the  state. 

THE  CONSTITUTIONAL  CONVENTION   AND   ADMISSION   OF  THE 

STATE. 

For  the  transfer  of  the  territorial  government  to  that  of  state  gov- 
ernment, a  convention  for  the  formation  of  a  constitution  for  the  new 
state  was  held  at  Madison  in  1846,  and  the  articles  then  framed,  on 
being  submitted  to  a  vote  of  the  [)eople,  were  rejected.  A  succeeding 
constitutional  convention,  held  the  next  year,  submitted  to  the  people  a 
constitution  that  was  accepted,  and  the  state  admitted  into  the  Union 
May  29,  1848. 

THE  SUF»REME   COURT    UNDER  THE  CONSTITUTION. 

When  Wisconsin  was  admitted  into  the  Union  the  legislature  divided 
the  state  into  five  judicial  circuits,  and  caused  a  judge  to  be  elected  for 
each  circuit  by  the  voters  of  the  circuit.  The  first  election  was  in 
August,  1848. 

Edward  V.  Whiton  was  elected  for  the  first  circuit;  Levi  Hubbell 
for  the  second;  Charles  H.  Larrabec  for  the  third;  Alexander  W. 
Slow  for  the  fourth;  Mortimer  M.  Jackson  for  the  fifth. 

The  tenure  of  office  of  these  judges  was  so  adjusted  that  the  term 
of  one  of  them  should  cease  at  the  end  of  two  years  and  one  each 
succeeding  year;  the  full  term  to  be  six  years. 

The  several  terms  of  the  first  judges  were  determined  l)y  lot.  The 
first  and  short  term  fell  to  Judge  Stow,  who  became  chief  justice;  the 
second  to  Judge  Hubbell;  the  third  to  Judge  Whiton  ;  the  fourth  to 
Judge  Larrabee.  and  the  fifth  to  Judge  Jackson. 

Besides  holding  these  circuits  these  five  judges  were  to  sit  together 
as  a  supreme  court  for  the  term  of  five  years,  and  longer  unless  other- 
wise provided  by  the  legislature.  One  session  was  to  be  held  annually 
at  the  capital,  and  at  such  other  places  and  at  such  times  as  the  legisla- 
ture should  direct. 

(Causes  could  be  appealed  from  the  circuit  courts  to  the  supreme 
bench.  Thus  was  seen  the  anomaly  of  judges,  sitting  as  a  higher  court, 
deciding  upon  cases  brought  up  from  their  own  courts  below.     This 


30  THE    BENCH    AND    BAR    OF    WISCONSIN. 

may  have  been  a  doubtful  improvement  upon  the  appeal  of  the  defeated 
Roman,  from  Caesar  drunk  to  Caesar  sober. 

At  the  session  of  1850  the  legislature  provided  for  a  sixth  circuit, 
and  in  July  following  Wiram  Knowlton  was  elected  its  judge.  In 
December  he  took  his  seat  upon  the  bench  of  the  supreme  court. 

At  the  expiration  of  the  term  of  two  years  of  Judge  Stow  he 
declined  re-election,  and  Timothy  O.  Howe,  of  Green  Bay,  was  elected 
in  January,  185 1,  to  succeed  him  in  the  fourth  circuit.  Judge  Howe 
took  his  seat  on  the  supreme  bench  at  the  June  term  of  1851. 

The  term  of  Judge  Hubbell  was  the  second  to  expire,  and  he  was 
re-elected  in  January,  1852. 

At  the  expiration  of  the  term  of  Judge  Stow  as  chief  justice.  Judge 
Jackson  became  chief  justice,  January  3,  1852,  but  resigned  the  same 
day,  when  Judge  Whiton  was  chosen  to  the  position.  From  this  time 
on  all  the  judges  on  the  supreme  bench  held  their  places  until  the  court 
was  re-organized  in  1853.  No  sitting  was  held  by  these  judges  after  the 
December  term  of  1852. 

The  first  clerk  of  this  court  was  J.  R.  Brigham,  of  Milwaukee,  who 
subsequently  resigned,  and  on  December  12,  1849,  S.  W.  Beall  was 
appointed  to  the  place,  and  Lafayette  Kellogg,  deputy ;  D.  H.  Chandler 
was  reporter,  and  published  four  volumes  of  the  Wisconsin  Reports. 

THE  REORGANIZED  SUPREME  COURT. 

The  constitution  had  provided  for  the  formation  of  a  "  separate 
supreme  court  *'  at  the  end  of  five  years,  if  the  legislature  should  so 
determine.  During  these  five  years  the  population  and  consequent 
business  interests  of  the  state  had  so  greatly  increased,  it  was  found 
that  the  judges  were  unable  to  rightly  perform  the  double  duty  devolv- 
ing upon  them.  Consequently  the  legislature  of  1852  provided  for  the 
election  by  the  peopleof  a  chief  justice  and  two  associate  justices,  who 
should  compose  a  supreme  bench  distinct  from  the  functions  of  circuit 
judges.  A  full  term  was  for  six  years,  and  only  one  of  them  go  out 
of  office  at  the  same  time.  The  former  judges  were  to  continue  their 
functions  in  their  respective  circuits  as  circuit  judges. 

In  September,  1852,  the  election  of  judges  of  the  supreme  court  was 
held,  and  Edward  V.  Whiton,  of  Janesville,  was  elected  chief  justice. 
A.   D.  Smith,  of  Milwaukee,  and  Samuel  Crawford,  of  Mineral  Point, 


It 


THE    BENCH    AND    BAR    OF    WISCONSIN.  31 

associate  justices.  Their  respective  terms  were  determined  by  drawing 
lots.  The  full  term  of  six  years  fell  to  Judge  Smith,  the  four  years*  term 
to  Chief  Justice  Whiton,  and  the  two  years*  term  to  Judge  Crawford. 

They  took  their  scats  at  the  term  commencing  June  i,  1853.  La 
Fayette  Kellogg  was  appointed  clerk.  Judge  A.  D.  Smith  reported  the 
decisions,  and  the  first  eleven  volumes  of  the  reports  of  this  court  were 
published  by  him. 

The  term  of  two  years,  for  which  Judge  Crawford  was  chosen,  having 
terminated,  Orsamus  Cole,  of  Platteville,  succeeded  him  on  June  i, 
1856,  and  he  was  re-elected  in  1861,  in  1867,  in  1873,  and  in  1879.  The 
term  of  Chief  Justice  Whiton  expired  May  31,  1855,  and  he  was  re- 
elected. His  death  occurred  in  April,  1859,  and  Luther  S.  Dixon,  of 
Portage,  was  appointed  his  successor,  April  19,  1859,  and  was  elected  to 
the  office  in  i860,  re-elected  in  1866,  and  resigned  in  1874. 

The  term  of  Judge  Smith  expiring  May  31,  1858,  Byron  Paine,  of 
Milwaukee,  was  chosen  in  his  place,  and  was  re-elected  in  April,  1864. 
On  November  11,  1864,  Judge  Paine  resigned  to  enter  the  Union  army, 
and  Jason  Downer,  of  Milwaukee,  received  the  appointment.  Judge 
Downer  resigned  September  11,  1867,  and  Byron  Paine  succeeded  him, 
and  was  re-elected  in  1870.  Judge  Paine  died  in  February,  187 1,  and 
William  Penn  Lyon  was  appointed  by  the  Governor ;  was  elected  to  the 
office  in  April  following,  and  re-elected  in  1876.  On  June  17,  1874, 
Chief  Justice  Dixon  resigned,  and  Edward  G.  Ryan,  of  Milwaukee, 
was  appointed  his  successor,  June  16,  1874;  was  elected  in  1875,  and 
died  before  the  expiration  of  his  term,  which  would  have  been  January 
I,  1882.     He  was  succeeded  by  Judge  Orsamus  Cole. 

For  many  years  the  business  brought  before  this  court  had  been 
increasing  so  largely  that  the  judges  were  overworked,  and  the  senti- 
ment generally  prevailed  that  more  judges  should  be  added.  Accord- 
ingly an  amendment  to  the  constitution,  adopted  in  1877,  provided  for 
two  additional  associate  justices,  and  making  ten  years  a  full  term  for 
all  the  judges  chosen  after  the  passage  of  the  act. 

For  the  new  judges  to  be  elected  the  term  of  one  of  them  is  to 
expire  on  the  first  Monday  in  January,  1886,  and  the  other  the  same 
date  in  1888. 

In  selecting  candidates  to  be  voted  for  by  the  people  for  the  two 
new  judges  the  question  arose  whether  the  dominant  party  in  the  state, 
which  was  republican,  should  elect  two  republicans  or  accord  one  can- 


32  THK    BENCH    AND    BAR    OF    WISCONSIN. 

didate  to  the  minority  party,  whicli  was  democratic.  It  was  finally 
decided  to  divide  the  honors.  Thereupon  Harlow  S.  Orton  and  David 
Taylor  were  elected  in  April,  1878,  without  opposition.  The  term  of 
Judge  Taylor  was  designated  to  expire  in  1886,  and  that  of  Judge  Orion 
is  to  continue  for  the  full  term  of  ten  years  ending  in  1888.  As  Chief 
Justice  Ryan  was  a  democrat,  who  had  been  appointed  by  a  democratic 
governor,  and  Judge  Orton  is  a  democrat,  the  supreme  court  was  repre- 
sented about  proportionate  to  the  relative  strength  of  both  of  these 
political  parties  in  the  state.  At  this  the  people  and  the  legal  fraternity 
were  content.  The  republicans  the  more  so  in  the  selection  of  Judge 
Orton  for  the  democratic  member  of  the  bench,  inasmuch  as  he  was 
considered  more  of  an  independent  or  conservative  in  his  political 
views  than  as  strictly  a  partisan,  and  moreover  as  eminently  fitted  for 
the  position. 

In  October,  1880,  Judge  Ryan  died,  and  the  question  again  came 
up  whether  a  democrat  should  be  placed  on  the  bench.  This  time  it 
was  decided  that,  the  republicans  being  in  power,  the  new  judge  should 
be  a  republican.  Thereupon  Judge  Cole  was  promoted  to  the  seat  of 
chief  justice,  and  John  B.  Cassoday  appointed  to  fill  his  place  as  asso- 
ciate justice.  The  unexpired  term  of  Judge  Ryan,  which  Judge  Cole 
was  appointed  to  fill  out,  terminating  in  1882,  Judge  Cole  was  elected 
for  the  full  term  of  ten  years,  chief  justice,  from  January  i,  1882.  As 
the  terms  of  these  jurli^es  now  stand,  that  of  Chief  Justice  Cole  will  ter- 
minate in  January,  1892;  Judge  Lyon  in  1883;  Judge  Taylor  in  1886; 
Judge  Orton  in  1888,  and  Judge  Cassoday  in  1890. 

Clarence  Kellogi^  is  clerk  of  the  court,  having  received  the  appoint- 
ment on  June  11,  1878,  succeeding  his  father,  who  died  June  4,  1878. 
Phillip  L.  Spooner  was  reporter  from  1861  to  1864,  when  he  resigned, 
and  O.  M.  Conover  succeeded  him  and  still  holds  the  position. 

The  volumes  twelve  to  fifteen  were  prepared  by  Judge  Spooner,  and 
fifty-two  volumes  in  all  have  been  published,  the  larger  portion  of  thcni 
prepared  by  Mr.  Conover.  In  1872  the  supreme  court,  by  authority  of 
the  legislature  of  1870,  appointed  S.  U.  Pinney,  of  Madison,  to  collect 
and  publish  the  decisions  of  the  supreme  court  under  the  territorial  or- 
ganization, extending  from  1836  to  1852.  The  difficult  task  resulted  in 
three  volumes,  and  the  labor  was  performed  to  the  satisfaction  of  the 
court  and  the  bar. 

The  decisions  of  the  territorial  court  to  the  close  of  the  term  of  1840 


^:    m 


I  HE    BENCH    AND    I'.AR    OF    WISCONSIN.  33 

were  prepared  by  T.  P.  Burnett,  and  published  in  1841,  and  the  deci- 
sions of  1842  and  1843  were  also  published  by  him  in  1844,  but  the 
matter  of  these  books  was  absorbed  in  the  volumes  of  Mr.  Pinney. 

No  better  illustration  can  be  given  of  the  accredited  ability  that 
does  now  and  always  has  occupied  the  supreme  bench  of  this  state  than 
the  fact  that  decisions  emanating  therefrom  are  authority  the  country 
over,  and  the  Wisconsin  Reports  sought  for  as  standard  works  of  equal 
value  to  those  of  New  York,  which  have  ever  ranked  high  with  the 
legal  fraternity. 

The  supreme  court  has  been  in  existence  twenty-nine  years.  During 
the  time  twelve  judges  have  occupied  seats  upon  its  bench.  Of  these, 
seven  are  living — Judges  Cole,  Downer,  Dixon,  Lyon,  Orton,  Taylor,  and 
Cassoday.  The  remaining  five  have  deceased — Whiton,  Crawford,  Smith, 
Paine,  and  Ryan.  Judges  Cole,  Lyon,  Orton,  Taylor  and  Cassoday  are  now 
on  the  bench.  Judges  Downer  and  Dixon  have  retired  by  resignation, 
and,  in  the  practice  of  the  law.  Downer  in  Milwaukee,  and  Dixon  in 
Denver. 

THK    rNITKD    STATKS    DISTRICT    COrRTS. 

Upon  the  admission  of  Wisconsin  into  the  Union  on  May  29,  1848, 
the  state  was  constituted  one  district  with  one  judge  for  holding  United 
States  courts.  The  term  of  the  judge  was  to  be  during  good  behavior, 
and  his  salary  fifteen  hundred  dollars  a  year.  This  sum  was  increased 
in  1858  to  two  thousand  five  hundred  dollars,  and  has  since  been  raised 
to  three  thousand  five  hundred  dollars,  at  which  amount  it  now  remains. 
This  salary  would  seem  to  be  entirely  inadequate  to  the  high  position 
and  to  the  duties  and  responsibilities  of  the  office.  To  a  man  of  family 
it  affords  scarcely  a  respectable  living  in  the  capital  or  metropolis  where 
the  courts  are  chiefly  held.  The  redeeming  advantages  are  that  the 
appointment  is  for  life,  with  the  privilege  to  retire  at  the  age  of  seventy 
on  full  pay.  On  the  other  hand,  when  the  judge  dies  what  has  he  been 
enabled  to  lay  up  for  his  family?  With  this  view  of  the  case  it  does- 
not  appear  that  the  government  is  exceedingly  liberal  for  a  great  and 
wealthv  nation. 

The  act  creating  the  district  established  stated  terms  of  court  to  be 

held  at  Madison  and   Milwaukee,  the  former  on  the  first   Monday  of 

July  and  the  latter  on  the  first   Monday  in  January  yearly;  the  judge 

could  also  hold  special  terms  at  either  place  in  his  discretion.     .Andrew 

3 


34  THE    K&NCH    AND    BAR    OF    WISCONSIN. 

G.  Miller,  of  Milwaukee  —  heretofore  one  of  the  territorial  judges  of  the 
supreme  court  —  wras  appointed  by  the  President  judge  of  the  United 
States  district  court  on  June  12,  1848.  Judge  Miller  held  this  office 
until  January  i,  1874,  when  he  voluntarily  retired. 

On  June  27,  1864,  the  time  for  holding  these  courts  was  changed  to 
the  first  Monday  in  January  for  Madison,  and  the  second  Monday  in 
April  and  in  September  for  Milwaukee. 

By  an  act  of  congress  of  June  30,  1870,  the  state  was  equally  divided 
into  two  judicial  districts.  One  comprised  the  eastern  half  of  the  state, 
was  denominated  the  eastern  district,  and  was  assigned  to  Judge  filler. 
The  other  half  of  the  state  composed  the  western  district,  to  which 
James  C.  Hopkins,  of  Madison,  was  appointed  judge.  The  regular  an- 
nual courts  for  the  eastern  district  were  to  be  holden  at  Milwaukee  on 
the  first  Monday  in  January  and  October,  and  at  Oshkosh  on  the  first 
Monday  in  July;  for  the  western  district,  at  Madison  the  first  Monday 
in  June,  and  at  La  Crosse  the  fir^t  Monday  in  September.  On  May  9, 
1872,  congress  changed  the  annual  term  at  La  Crosse  to  the  third  Tues- 
day in  September. 

Upon  the  retirement  of  Judge  Miller  in  1874,  James  H.  Howe  was 
appointed.  He  resigned  in  1874,  and  Charles  E.  Dyer,  of  Racine,  was 
appointed  judge  for  the  eastern  district  February  10,  1875,  *"^  "o^'  holds 
the  office.  Judge  Hopkins  having  died  on  September  4,  1877,  Romanzo 
Bunn,  of  Sparta,  became  his  successor  October  13,  1877,  in  the  western 
district,  having  left  the  bench  of  the  seventh  circuit  to  accept  the  office. 

THE    UNITED   STATES   CIRCUIT    COURTS. 

On  July  15,  1862,  the  states  of  Illinois,  Michigan  and  Wisconsin  were 
constituted  by  congress  a  judicial  circuit.  The  terms  of  this  court  were 
to  be  held  at  the  same  time  and  place  as  those  of  the  district  courts. 
The  previous  circuit  court  jurisdiction  held  by  the  district  courts  was 
transferred  to  the  circuit  court.  The  district  judge  was  empowered  to 
sit  with  the  judge  of  the  circuit  court,  and,  in  his  absence,  to  sit  alone. 

February  9,  1863,  Wisconsin  became  included  in  the  ninth  circuit, 
and  is  now  comprised  in  the  seventh  circuit.     The  judge  is  Thomas- 
Drummond,  of  Chicago.     When  on   the   bench  of  the  United  States 
supreme  court  David  Davis  held  courts  at  Madison  and  Milwaukee,  and 
John  M.  Harlan,  of  that  bench,  now  holds  courts  in  this  state. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  -V) 

EARLY   JUSTICES'  COURTS. 

As  incident  to  new  countries  much  of  the  litigation  during  the  early 
settlement  of  Wisconsin  was  had  before  the  primitive  courts  of  justices 
of  the  peace.  The  sitting  justice  was  often  not  learned  in  the  law,  nor 
could  it  be  said  that  he  was  up  in  any  branch  of  learning.  It  is  more 
than  probable  his  "huge  paws  "  never  handled  a  statute-book,  or  any 
law-book  whatever,  before  his  appointment  to  the  judicial  office.  It 
was  an  advanced  justice  who  could  command  more  than  one  volume  of 
statute  law.  The  semblance  of  equity,  not  law,  was  the  rule  in  reach- 
ing decisions.  A  lawsuit  was  an  event  in  which  all  the  community  took 
part,  and  each  party  to  the  litigation  had  his  respective  friends.  They 
numerously  attended  the  trial,  and  took  an  earnest  interest  in  the  pro- 
ceedings. The  popular  side  was  likely  to  carry  court  and  jury  with  it. 
The  lawyers  addressed  themselves  to  the  multitude  as  much  as  to  the 
court  or  jury,  if  there  were  a  jury.  While  some  of  the  lawyers  of  those 
days  were  not  notable  for  either  learning,  ability  or  legal  acumen,  there 
were  those  who  were  men  of  thorough  education  and  sound  legal  attain- 
ments. Such  as  the  latter  naturally  fell  into  the  rough  ways  of  the  day. 
The  dignity  and  refinement  that  usually  follows  literary  culture  would 
have  been  out  of  place  in  the  pioneer  life  of  western  wilds.  Their  mis- 
sion was  to  win.  Addresses  to  the  court  or  jury  were  apt  to  be  mere 
harangues,  more  vociferous  than  logical, —  appeals  to  prejudice  and  pas- 
sion, and  disquisitions  upon  the  personal  traits  and  characters  of  the 
litigants  and  their  witnesses.  Mr.  Whisky  was  a  prime  factor  in  the 
proceedings.  Few  escaped  an  influence  so  powerful  and  ready  at  hand. 
The  anti-treating  law  had  not  then  been  enacted.  As  an  instance  in 
point  the  following  has  been  related  as  the  actual  facts  in  a  murder 
trial  —  the  case  of  The  State  against  Arndt  —  for  shooting  Vineyard  in 
the  assembly  hall  of  the  old  capitol  in  territorial  times : 

When  the  leading  counsel  for  the  defense  addressed  the  jury  he 
made  a  flaming  harangue,  never  once  alluding  to  the  case.  In  fact  he 
had  no  case.  The  killing  of  Arndt  was  self-evident  murder  The  elo- 
quent pleader  soon  became  thirsty  and  sent  out  for  drink,  which  was 
brought  in  a  pitcher.  The  orator  drank,  and  seeing  that  the  jury 
had  the  appearance  of  being  thirsty  also  passed  the  pitcher  to  the  fore- 
man, who  drank  and  passed  it  to  the  other  jurymen.  After  a  time  the 
pleader,  in  the  way  of  illustrating  a  point,  alluded  to  the  pitcher  as  hav- 


30  THE    BENCH    AND    liAR    OF    WISCONSIN. 

ing  a  handle  all  on  one  side,  which  led  him  to  take  it  up,  in  doing  which 
he  again  drank,  and,  not  to  be  selfish,  handed  it  over  to  the  foreman, 
who  likewise  passed  it  to  his  companions.  After  a  while  allusion  to  the 
pitcher  was  repeated,  and  the  same  round  of  imbibing  its  contents  was 
indulged  in,  and  thus  it  went  on  till  the  drink  and  the  address  were  both 
exhausted.  The  verdict  was  acquittal.  To  the  knowing  ones  it  subse- 
quently transpired  that  the  pitcher  contained  whisky. 

A  few  anecdotes  concerning  the  earlier  courts  may  not  be  out  of 
place  here.  We  begin  with  the  district  court  of  the  territory.  Judge 
Irvin  was  on  the  bench,  and  a  murder  trial  was  pending,  and  G.  T. 
Long,  familiarly  known  as  "  Lucy  **  Long,  was  under-sheriff.  The  diffi- 
culty seemed  to  be  in  getting  a  jury  which  knew  nothing  about  the  facts 
of  the  case.  The  regular  panel  had  been  exhausted  in  this  effort,  and  a 
special  venire  had  been  issued,  and  was  finally  returned.  **Well,"  said 
his  honor,  "  have  you  at  last  secured  a  sufficient  number  of  jurymen, 
Mr.  Long,  who  know  nothing  about  this  case?"  "Yes,  sir,"  replied 
the  polite  officer,  "six  of  them  know  nothing  about  this  case,  and  the 
other  six  know  nothing  at  all." 

Afterward,  when  the  state  was  organized,  and  Judge  Hubbell  was 
circuit  judge  and  holding  court  in  Dane  county,  an  indictment  had 
been  obtained  against  some  one  for  a  criminal  offense,  and  by  some 
oversight  of  the  prosecuting  attorney  the  indictment  neglected  to  state 
where  the  crime  was  committed.  Col.  Botkin  and  several  other  attor- 
neys had  been  retained  for  the  defense,  and  after  mutual  consultation 
they  had  concluded  to  move  to  quash  the  indictment,  but  none  of  them 
had  discovered  the  real  and  fatal  defect  in  the  indictment.  Hours  were 
spent  in  argument  on  other  points,  all  of  which  were  overruled  by  the 
court,  who  then  added,  **  But  the  indictment  has  a  fatal  defect,  which 
counsel  seem  to  have  overlooked,  and  that  is  that  it  does  not  state  in 
what  place  or  county  this  crime  was  committed."  *' Yes,  your  honor," 
exclaimed  Col.  Botkin,  springing  up;  **ahem!  certainly,  your  honor,  but 
we  had  concluded  to  reserve  that  point  for  a  subsequent  motion  in 
arrest  of  judgment,"  and  he  sat  down,  while  his  astonished  associates 
smiled  incredulously. 

And  now  comes  one  more  in  relation  to  the  circuit  court  of  Dane 
county.  Our  distinguished  fellow-citizen,  the  late  Judge  L.  B.  Vilas, 
had  brought  suit  against  a  railroad  company  for  the  value  of  a  lot,  and 
demanded  judgment  for  one  thousand  dollars.  The  company  admitted  the 


.»fV 


THE    BENCH    AND    BAR    OF    WISCONSIN.  *i1 

purchase  of  the  lot,  but  claimed  that  the  Judge  had  agreed  to  take  his 
pay  in  railroad  stock.  The  latter  admitted  this  to  be  true  on  condition 
that  the  stock  should  be  delivered  to  his  agent  within  a  certain  lim- 
ited time,  but  claimed  that  the  railroad  had  neglected  to  comply 
so  long  beyond  the  time  that  the  stock  had  become  worthless.  All 
this  was  clearly  proved,  and  it  was  also  proved  that  the  stock  was 
left  with  the  Judge's  agent,  long  after  the  time  had  elapsed,  however. 
The  court  charged  the  jury  that  if  they  found  this  to  be  so  they  must 
find  a  verdict  for  the  plaintiff.  The  jury  retired,  and  everybody  sup- 
posed that  they  would  return  an  immediate  verdict  for  plaintiff,  but  to  the 
surprise  of  the  court  and  bar  they  were  out  for  hours.  When  one  of  the 
jurymen  was  asked  the  reason  of  this  strange  delay  in  so  plain  a  case, 
he  said  that  they  had  balloted  a  great  many  times,  and  each  time  it 
stood  eleven  for  plaintiff  and  one  for  defendant,  and  at  last  they  had 
discovered  who  the  one  was,  and  demanded  his  reason.  "  Bedad," 
said  he,  **  I  would  just  like  to  know  what  was  done  with  them  cattle  that 
was  delivered,  for  didn't  they  prove  that  they  ])aid  him  in  stock."  It 
took  some  time  to  explain  this  thing  away  to  the  obstinate  juryman. 

For  many  years  the  "old  politicianer,"  as  he  was  called,  was  justice 
of  the  peace  of  Dane  county.  Whether  he  deserved  it  or  not  he  had 
gained  the  reputation  of  being  an  excellent  plaintiff's  magistrate,  deem- 
ing it  his  duty  to  decide  cases  in  favor  of  those  who  brought  them. 
One  case  in  illustration  of  this  rule  of  his  will  suffice.  The  defendant 
in  this  case  had  utterly  exploded  the  plaintiff's  claim,  and  had  made  a 
clear  and  conclusive  defense  by  overwhelming  evidence,  but  to  the 
utter  amazement  of  all  the  justice  still  rendered  judgment  for  the  plain- 
tiff. "  How  could  you  decide  thus.^"  demanded  the  defendant  after- 
ward. "  Had  to,"  was  the  reply;  "but,"  continued  he,  "vou  just  appeal 
it,  and  you  will  knock  that  judgment  higher  than  a  kite.'' 

The  late  Major  Geo.  P.  Thompson  told  the  writer  the  following 
about  a  justice  in  his  town.  The  major  had  been  sued  on  his  note 
given  for  twenty  dollars,  but  it  turned  out  on  the  trial  that  the  note  was 
not  then  due.  The  justice  was  about  to  dismiss  the  suit  when  the  major  said 
that  he  had  been  dragged  into  court  without  cause,  and  he  wanted  com- 
pensation as  damages.  "  True,"  said  his  honor,  "  1  forgot  that ;  you  are 
righi,'*  and  then  turning  to  the  plaintiff,  with  a  stern  asi)ect,  he  said  : 
••  Young  man,  stand  up  and  hear  the  sentence  of  the  court.  \'ou  have 
done  a  great  wrong ;  in  fact  it  comes  very  near  a  tort,  and  I  sentence 
you  to  pay  the  defendant  twenty  dollars  alimony." 


38  THE    BENCH    AND    BAR    OF    WISCONSIN. 

One  more  about  our  "old  politicianer."  Two  lawyers  got  to  quar- 
reling before  him  in  the  trial  of  a  cause.  Words  led  to  blows,  and  a 
regular  pitched  battle  ensued.  They  tumbled  over  chairs,  fell  under 
the  table  and  pummeled  each  other  for  several  minutes,  while  the  court 
looked  on  quietly,  and  smoked  his  clay  pipe.  After  the  battle  was  over 
both  asked  the  justice  how  much  was  to  pay?  "  For  what  ?  "  demanded 
he.  "  For  contempt  of  court,"  was  the  reply.  **  There  was  no  con- 
tempt of  court,"  said  he,  **  it*s  all  right ;  go  on  with  the  case,  call  the 
next  witness." 


BIOGRAPHY. 


JUDGES  TERRITORIAL  COURTS. 

James  Di;ane  Doty,  Menasha,  was  a  native  of  Salem,  Washing- 
ton county,  New  York,  where  he  was  born  in  1799.  In  the  year  18 18 
he  settled  in  Detroit,  Michigan ;  and,  a  young  lawyer  of  good  repute, 
he  was  next  year  admitted  to  the  supreme  court  of  that  territory,  and 
was  the  same  year  appointed  secretary  of  the  legislative  council  and 
the  clerk  of  the  court.  In  the  winter  of  1823  congress  passed  an  act 
to  provide  for  the  appointment  of  an  additional  judge  for  the  Michigan 
territory.  From  the  numerous  applicants  for  the  place  President  Mon- 
roe selected  James  D.  Doty,  of  Detroit,  for  the  new  judge  for  what  is 
now  Wisconsin,  Iowa  and  Minnesota. 

Judge  Doty  lost  no  time  in  entering  on  his  duties  as  judge  and  law- 
giver to  a  country  sufficient  in  extent  for  an  empire.  He  repaired  forth- 
with to  Prairie  du  Chien,  organized  the  judiciary  of  Crawford  county 
and  oi>cned  court.  He  made  a  permanent  residence  at  Green  Bay, 
where  he  made  his  home  for  twenty  years.  The  judge  proceeded  to 
organize  courts  in  Michilimackinac  and  Brown  counties.  He  continued 
to  discharge  his  onerous  duties  for  nine  years,  and  until  succeeded  by 
Judge  Irwin  in  1832. 

In  1830  congress  made  an  appropriation  for  surveying  and  locating 
a  military  road  from  Green  Bay  to  Chicago  and  to  Prairie  du  Chien. 
The  people  of  the  district  of  Michigan,  west  of  the  lake,  elected  him 
to  the  legislative  council  in  1834,  in  which  he  served  with  marked  ability 
for  two  years.  Returning  from  the  legislative  council  he  became  an 
active  operator  in  the  public  land  sales,  which  were  opened  at  Green 
Bay  in  1835-6. 

Wisconsin,  as  an  organized  territory,  had  George  W.  Jones  as  its 
delegate  in  congress.  Judge  Doty  succeeded  Mr.  Jones  in  1838,  and 
served  till  1841,  when  he  was  appointed  governor  of  Wisconsin  by  Presi- 
dent  Tyler,  serving    nearly    three    years.       He  was  a  member  of  the 


40  THK    BENCH    AND    BAR    OF    WISCONSIN. 

first  constitutional  convention  in  1846 ;  was  elected  to  congress  from 
the  third  district  under  the  state  organization  of  1848;  was  reelected  in 
185 1,  and  procured,  by  his  industry  and  influence,  important  legislation 
for  the  state  and  his  immediate  constituency. 

In  1853  he  retired  once  more  to  private  life,  to  be  recalled  by  Presi- 
dent Lincoln  in  186 1,  first  as  superintendent  of  Indian  affairs,  and 
subsequently  as  governor  of  Utah,  holding  this  last  place  at  the  time  of 
his  death,  June  13,  1865.  Governor  Doty's  last  residence  in  Wisconsin 
was  at  Menasha,  on  Doty's  Island, —  one  of  the  many  villages  that 
sprung  up  under  his  influence.  He  had  two  sons  and  one  daughter. 
The  people  of  Wisconsin  are  under  lasting  obligations  to  the  memory 
of  Governor  Doty  for  having  been  instrumental  in  fixing  the  location  of 
the  capital  at  the  beautiful  city  of  Madison. 

Charles  Dunn,  Belmont,  was  born  December  28,  1799,  at  Bullett's 
Old  Lick,  Bullett  county,  Kentucky,  which  is  about  sixteen  miles  east 
from  Louisville.  He  was  the  eldest  of  a  family  of  five  sons  and  four 
daughters,  and  at  the  age  of  nine  years  was  sent  to  school  at  Louisville 
for  about  nine  years,  when  he  was  called  home  and  sent  on  a  business 
tour  to  Virginia,  Maryland  and  Washington.  Upon  his  return  home  he 
read  law  a  short  time  with  Worden  Pope,  a  distinguished  lawyer  of 
Louisville;  and  afterward  he  proceeded  to  Frankfort  and  continued  his 
law  reading  for  about  two  years  with  the  eminent  John  Pope,  then 
secretary  of  state,  and  who  was  the  first  law  professor  in  the  Transyl- 
vania University  at  Lexington. 

He  then  went  to  Illinois  and  arrived  at  Kankakee,  then  the  capital 
of  the  state,  in  May  181 9,  where  he  completed  his  studies  under  the 
direction  of  Nathaniel  Pope,  district  judge  of  the  United  States  for  the 
district  of  Illinois.  In  1820  he  was  admitted  to  the  bar,  Sidney  Breese 
being  admitted  at  the  same  time.  He  then  commenced  practice  at 
Jonesboro,  Union  county,  Illinois.  In  182 1  he  married  Miss  Mary  E. 
Shrader,  daughter  of  Judge  Ostro  Shrader,  who  had  been  a  United 
States  judge  in  Missouri  territory.  He  remained  in  practice  at  Jones- 
boro for  several  years,  and  then  removed  to  Golconda,  Pope  county, 
Illinois. 

For  two  years  he  was  engrossing  clerk  for  two  sessions  for  the  House 
of  Representatives  of  the  Illinois  legislature,  and  for  five  years  chief 
clerk  of  the   House.     In   1829  he  was  appointed,  by  Governor  Ninian 


THE    BENCH    AND    BAR    OF    WISCONSIN.  41 

Edwards,  acting  commissioner  of  the  Illinois  and  Michigan  canal,  and 
with  his  associates  on  the  commission,  Edward  Roberts  and  Dr.  Jane, 
surveyed  and  platted  the  first  town  of  Chicago. 

The  first  town  lots  of  this  embryo  metropolis  were  sold  by  the  com- 
missioners in  behalf  of  the  state  in  the  latter  part  of  1829,  and  the 
sales  continued  in  1830  and  1831,  during  which  years  the  survey  of  a 
canal  and  railway  line  was  made  and  reported.  In  the  early  part  of 
1832  Indian  troubles  commenced,  and  a  requisition  was  made  upon  the 
state  authorities  for  troops  to  engage  in  service  against  the  hostile 
Indians  led  by  Black  Hawk.  Three  brigades  of  volunteers  responded 
to  the  call,  and  Mr.  Dunn  entered  the  service  as  captain  of  a  company 
which  he  raised  in  Pope  county,  where  he  then  resided. 

His  company  was  assigned  to  the  second  regiment,  which  was  com- 
manded by  Colonel  John  Ewing,  and  attached  to  the  first  brigade,  which 
was  commanded  by  (General  Alexander  Posey. 

Soon  after  an  engagement  with  the  Indians,  Captain  Dunn  became 
the  victim  of  a  blundering  mistake  on  the  part  of  a  sentinel,  in  what  is 
now  the  town  of  Dunn,  in  Dane  county,  by  which  he  was  severely,  and 
at  first  it  was  thought  mortally,  wounded.  On  approaching  the 
sentinel,  by  Captain  Dunn,  the  sargeant  of  the  guard  and  the  relief 
sentinel,  the  sentinel  on  duty,  instead  of  hailing  them  as  he  should  have 
done,  became  alarmed  and  fired  at  the  group  at  the  distance  of  about 
ten  paces,  severely  wounding  Captain  Dunn  in  his  right  groin.  He  was 
taken  back  to  Fort  Dixon,  where  he  was  confined  by  his  wound  until 
after  the  war  was  ended  by  the  battle  of  Bad  Axe. 

As  soon  as  he  was  sufficiently  recovered  he  returned  to  his  home, 
and  in  the  spring  of  1833  acted  as  assistant  paymaster  in  paying  ofi"  the 
first  brigade,  and  during  that  year  resumed  the  practice  of  his  profession. 
In  1835  he  was  elected  a  member  of  the  house  of  representatives  of 
the  state  legislature  from  Polk  county,  and  was  chairman  of  the  com- 
mittee on  the  judiciary  during  the  session.  Upon  the  recommendation 
of  the  Illinois  delegation  in  congress,  and  the  delegate  for  the  territory 
of  Wisconsin,  George  W.  Jones,  he  was  appointed  by  President  Jackson, 
in  the  spring  of  1836,  chief  justice  of  Wisconsin.  He  arrived  at  Min- 
eral Point  July  4,  1836;  was  then  and  there  sworn  into  office,  which  he 
held  until  the  organization  of  the  state  judiciary.  The  last  term  of  his 
court  was  held  at  Mineral  Point  in  October  1848.  He  was  a  member 
of  the  second  constitutional  convention  from   La  Fayette  county,  was 


42  THE    BENCH    AND    BAR    OK    WISCONSIN. 

chairman  of  the  committee  on  the  judiciary  of  that  body,  and  took  a 
leading  part  in  framing  the  constitution  of  the  state,  which  was 
adopted  by  the  people.  Subsequently  he  was  elected  state  senator  for 
the  district  composed  of  the  county  of  La  Fayette,  and  served  in  that 
capacity  during  the  sessions  of  that  body  in  1852  and  1853,  and  was 
chairman  of  the  committee  on  the  judiciary  during  both  of  those  years. 
On  the  expiration  of  his  term  of  office  as  chief  justice  he  returned  to  the 
practice  of  the  law  in  La  Fayette  and  adjoining  counties.  Judge  Dunn 
was  regarded  one  of  the  most  eminent  among  those  who  have  been 
in  the  profession  of  the  law  in  Wisconsin.  While  chief  justice  his  judi- 
cial studies  were  especially  onorous,  as,  during  the  greater  time  he  was 
on  the  bench,  his  district,  as  circuit  judge,  was  the  most  populous  and 
important  in  the  territory,  and  produced,  it  is  believed,  the  greatest 
amount  of  litigation.  His  judicial  and  official  duties  were  performed 
with  rare  ability,  fidelity  and  integrity;  and  during  his  residence  of 
thirty-five  years  in  Wisconsin,  always  commanded,  both  in  public  and 
private  life,  the  confidence  and  esteem  of  all  classes  of  people.  To 
near  the  time  of  his  death  in  1872,  at  the  advanced  age  of  seventy-two, 
he  continued  in  vigorous  practice  of  his  profession  at  Belmont,  and 
was  at  that  time  the  oldest  lawyer  in  the  state. 

David  Irvin,  Texas,  was  bom  in  Albemarle  county,  Virginia,  in 
1794,  and  was  of  blended  Scotch  and  Irish  parentage.  His  father  was 
a  Presbyterian  minister,  and  a  teacher  of  the  ancient  languages  of  much 
local  reputation.  David  Irvin  was  educated  for  a  lawyer,  and  started  in 
life  in  the  Shenandoah  valley,  in  Virginia,  in  which,  in  after  life,  he 
located  many  marvelous  incidents  and  anecdotes  that  it  was  his  de- 
light to  relate.  As  he  did  not  meet  with  wondrous  success  as  a  lawyer 
in  the  valley,  he  applied  to  his  old  schoolmate,  William  C.  Rives,  who 
was  at  that  time  in  high  favor  with  President  Jackson,  to  get  him  an 
office,  and  Mr.  Rives  suggested  the  propriety  of  giving  him  a  judgeship. 
The  term  of  office  of  Judge  Doty  as  judge  of  the  additional  district  for 
Michigan  territory  having  expired  in  1832,  that  position  was  tendered 
him  and  accepted.  Upon  the  organization  of  the  territory  of  Wiscon- 
sin he  was  appointed  associate  justice  of  the  supreme  court  by  President 
Jackson. 

Being  a  bachelor  his  residence  was  not  necessarily  confined  to  any 
particular  locality.     He  always  preferred  southern  society,  and  as  soon 


IHE    BENCH    ANO    l:AR    OK    WISCONSIN.  4^^ 

as  the  term  of  his  last  office  was  ended  he  went  to  St.  Louis,  where  he 
remained  some  length  of  time,  and  subsequently  went  to  Texas,  where, 
with  the  economical  accumulations  of  the  principal  and  interest  of  his 
salary  as  judge,  he  made  large  investments  in  wild  cotton  lands,  which 
has  made  him  a  man  of  wealth.  During  the  rebellion  he  espoused  the 
cause  of  the  South,  and  is  still  living  in  Texas. 

William  C  Frazer,  Pennsylvania,  was  appointed  associate  justice 
of  the  supreme  court  of  the  territory  of  Wisconsin  at  its  organization  in 
1836,  and  performed  the  duties  of  the  office  until  his  death,  which 
occurred  in  Milwaukee,  October  i8,  1838,  when  he  was  sixty-two  years 
of  age.  His  career  in  Wisconsin  was  so  brief  and  unimportant  that 
little  is  now  remembered  of  it,  and  that  merely  traditional.  The  only 
written  opinion  given  by  him  in  the  discharge  of  his  judicial  duties  of 
which  there  is  any  trace  is  found  in  the  report  of  the  case  of  an  Indian 
who  was  indicted,  and  tried  and  convicted  before  him  at  Green  Bay,  for 
the  murder  of  Pierre  Parquette,  the  inter|)reter  of  the  VV^innebago  In- 
dians. At  the  time  of  his  appointment  he  was  considerably  advanced 
in  years,  and  his  intemperate  habits  rendered  him  unfit  for  the  position, 
yet  it  has  been  said  that  he  had  been  a  lawyer  of  average  learning  and 
ability. 

Judge  Catlin  says  of  him  :  '*  Judge  Frazer  was  a  very  able  judge  when 
not  under  the  influence  of  liquor,  and  was  remarkable  for  his  ability, 
memory  and  knowledge  of  law.  The  judge  came  on  from  Pennsylvania 
to  hold  the  term  of  the  supreme  court  in  1838,  but  the  other  judges  did 
not  attend.  Judge  Frazer  insisted  upon  opening  the  court  and  holding 
the  term  as  the  law  required.  I  informed  him  that  there  was  no  busi- 
ness, and  no  lawyers  in  attendance.  He  said  that  made  no  difference ; 
it  was  necessary  to  adopt  rules,  and  accordingly  the  court  was  opened. 
The  judge  dictated  and  I  wrote  the  rules,  but  they  were  not  adopted  by 
the  other  judges.  The  climate  of  Madison,  however,  at  that  day,  did 
not  suit  the  judge,  as  *  the  critter  *  or  '  O  be  joyful '  was  not  there, 
except  some  Chinese  cordial  in  the  store  of  James  Morrison,  which  Mr. 
Bird  had  charge  of  in  the  absence  of  .Morrison.  This  cordial  was  put 
up  in  a  very  handsome  and  expensive  set  of  Chinamen  representing 
mandarins,  and  by  the  liberality  of  .Mr.  Bird  the  whole  set  of  a  dozen 
bottles  was  emptied  by  the  judge  while  holding  the  term.  When  the 
cordial  had  all  leaked  out  the  judge  took  his  departure,  and  never  held 
another  term  in  Madison." 


44  THE    BENCH    AND    BAR    OF    WISCONSIN. 

As  the  law  required  the  presence  of  two  judges  to  constitute  a  de 
facto  court  it  is  to  be  inferred  that  Judge  Frazer  did  not  presume  to 
inaugurate  any  legal  business  as  a  supreme  court. 

Andrew  G.  Miller,  Milwaukee.  At  the  early  settlement  of  this 
country  the  ancestors  of  Andrew  G.  Miller  came  to  America  and  settled 
in  Pennsylvania.  They  were  Presbyterians  from  the  north  of  Ireland, 
and  of  that  people  commonly  termed  Scotch-Irish  descent.  His  mother 
was  a  Galbraith,  from  England,  and  both  families  occupied  land  pur- 
chased of  William  Penn  during  the  early  years  of  his  historical  colony. 
Members  of  both  his  father's  and  mother's  families  participated  in  the 
perils  and  triumphs  of  the  revolutionary  war,  held  commissions  and  per- 
formed honorable  service  in  the  continental  army,  as  also  did  his  father 
in  the  Pennsylvania  militia  in  the  Niagara  campaign  of  1814. 

Andrew  Galbraith  Miller  was  born  near  the  present  city  of  Carlisle? 
Pennsylvania,  September  18,  1801.  Commencing  his  education  in  the 
academy  in  his  native  town,  he  prepared  for  college  at  the  same  institu- 
tion, and  was  admitted  to  Dickinson  College  at  Carlisle  in  1815,  being 
subsequently  transferred  to  Washington  College,  Washington,  Pennsyl- 
vania, where  he  was  graduated  in  1819.  Choosing  the  profession  of 
law  for  a  vocation,  in  October  of  the  same  year  he  became  a  student  in 
the  office  of  Andrew  Caruthus,  at  Carlisle,  and  was  admitted  to  the 
Cumberland  county  bar  in  1822.  His  practice  was  begun  in  the  same 
county,  and  continued  with  success  for  sixteen  years,  within  which  period 
he  held  the  office  of  Attorney  General,  resigning  the  same  at  the  end  of 
three  years'  service. 

Upon  entering  his  life  work,  he  wisely  resolved  to  accept  no  office 
not  connected  with  his  profession,  and  this  determination  was  adhered 
to  throughout  his  long  life,  which  unquestionably  added  much  to  the 
success  of  his  long  and  distinguished  career. 

Andrew  G.  Miller  was  the  eldest  son  of  ten  children,  and  his  father 
dying  soon  after  the  son  came  to  the  bar,  he  became  the  responsible 
head  of  the  large  family  made  somewhat  dependent  by  the  depreciation 
of  property  after  the  war  of  181 2.  These  filial  duties  were  cheerfully 
assumed  and  faithfully  borne,  exhibiting  at  that  early  period  of  his  life 
the  noble  and  self-abnegating  qualities  that  distinguished  him  through 
his  subsequent  years.  On  P'ebruary  7,  1827,  he  married  Caroline  E. 
Kurtz,  daughter  of  Benjamin  Kurtz,  one  of  the  founders  of  the  Lutheran 


THE    BENCH    AND    BAR    OF    WISCONSIN.  45 

church  in  America.      Mrs. *MiIler  still  survives  to  enjoy  the  respecr  and 
esteem  of  a  large  circle  of  friends  and  ac(iuaintances. 

After  his  marriage  Judge  Miller  pursued  his  profession  in  Pennsyl- 
vania till  1838,  at  which  time  he  was  appointed,  by  President  Van  Buren, 
judge  of  the  territory  of  Wisconsin,  and  the  field  of  his  labors  was  trans- 
ferred to  the  then  wilds  of  the  west.  Having  accepted  the  commission 
November  8,  1838,  Judge  Miller,  with  that  promptness  which  always  dis- 
tinguished him,  immediately  proceeded  to  the  scene  of  his  future  duties. 
Arriving  at  .Milwaukee,  after  a  month's  journey,  he  took  the  oath  of 
office  December  10,  1838.  His  family  followed  him  to  Milwaukee  the 
next  spring,  where  they  have  continued  to  reside. 

M  that  time  the  eastern  territorial  judicial  district  comprised  the  line 
of  territory  bordering  on  Lake  Michigan  and  extending  from  (jreen  Bay, 
including  Milwaukee,  to  the  southern  territorial  borders.  This  was  the 
most  rapidly  growing  portion  of  the  territory  in  settlements  and  in  com- 
merce. To  this  important  district  Judge  Miller  was  assigned.  Owing 
to  the  prostration  of  all  kinds  of  business,  following  the  panic  of  1836, 
litigation  was  greatly  multiplied,  and  when  the  judge  opened  his  court 
in  the  spring  of  1839  he  found  twelve  hundred  cases  awaiting  trial. 
The  judiciary  of  the  territory  consisted  of  a  chief  justice  and  two  asso- 
ciate judges;  the  three  sitting  together  annually  formed  the  supreme 
court.  By  this  arrangement  Judge  Miller's  labors  were  greatly  aug- 
mented. At  the  same  time  the  eastern  section  of  the  state  increased  to 
such  an  extent  that  new  counties  swelled  the  number  to  nine,  in  each  of 
which  Judge  Miller  was  comjielled  to  hold  two  terms  a  year,  increasing 
to  three  in  Milwaukee  county;  the  terms  occupying  six  weeks  each. 
His  vacations  never  exceeded  three  weeks  of  any  year. 

It  will  thus  be  seen  that  the  office  of  district  judge  was  no  sinecure 
in  those  days,  but  demanded  devotion  to  its  duties,  and  a  hardy  consti- 
tution such  as  Judge  Miller  possessed  in  an  eminent  degree.  Some 
estimate  of  the  magnitude  of  these  labors  can  be  formed  from  the  fact 
that  during  his  r.ine  years'  term  of  service  as  territorial  judge  he  ad- 
judged seven  thousand  and  five  hundred  court  cases,  and  ordered  three 
hundred  discharges  in  bankruptcy.  His  labors  in  accomplishing  this 
vast  amount  of  judicial  work  were  greatly  enhanced  by  the  crude  lan- 
guage and  uncertain  meaning  of  the  statute  law,  and  he  was  indefatiga- 
ble in  endeavor  to  unravel  the  mysteries  of  these  unintelligible  enact- 
ments. 


4f)  IHE    BENc:H    and    HAR    of    WISCONSIN. 

When  Wisconsin  was  admitted  as  a  state  in  1848  it  was  made  to 
comprise  one  United  States  judicial  district,  and  Judge  Miller  was  ap- 
pointed by  President  Polk,  July  12,  1848,  to  that  bench.  In  view  of  the 
eminent  services  he  had  rendered  in  his  previous  judicial  capacity,  this 
appointment  was  a  natural  sequence,  and  gave  satisfaction  to  the  Wis- 
consin bar.  The  court  was  organized  on  the  first  Monday  of  July,  1848, 
and  Judge  Miller  entered  upon  his  new  duties  that  continued  to  near 
the  end  of  his  life. 

This  single  district  for  the  whole  state  continued  until  1870,  when  it 
was  divided  into  an  eastern  and  a  western  district.  Judge  Miller  was 
assigned  to  the  eastern  district,  with  court  at  Milwaukee. 

In  the  long  judicial  service  of  Judge  Miller  it  is  a  notable  feature 
that,  in  appeals  from  his  decisions  to  the  supreme  court  of  the  United 
Stales,  his  judgments  were  almost  universally  sustained.  No  higher 
compliment  could  be  paid  to  impartial  application  of  sound  legal  knowl- 
edge and  intellectual  ability.  "  In  equity  and  admiralty  jurisprudence, 
the  accuracy  and  abundance  of  Judge  Miller's  learning  have  long  dis- 
tinguished him.  In  admiralty  law  he  was  foremost  in  western  authority, 
and  his  decisions  and  judgments  in  admiralty  cases  are  received  with 
respect  by  the  most  eminent  jurists  of  the  day." 

On  the  nth  of  November,  1873,  Judge  Miller  made  the  following 
announcement : 

**  Two  years  ago,  then  of  the  age  when  federal  judges  are  allowed  to 
resign  on  a  continuance  of  their  salaries,  I  was  inclined  to  accept  the 
terms  of  the  law ;  but  being  blessed  with  good  health,  and  not  having 
the  plea  of  infirmity,  in  response  to  the  expressed  wishes  of  numerous 
highly  respectable  and  influential  gentlemen  of  all  parties  and  profes- 
sions, to  retain  my  place,  and  not  believing  it   to  be  j)roper   to  retire 

« 

immediately  upon  arriving  at  the  specified  age,  I  concluded  to  continue 
in  office  until  the  expiration  of  thirty-five  years  from  the  date  of  my  first 
commission. 

"  The  time  set  for  my  resigning  has  arrived,  and  I  make  the  announce- 
ment to  the  President  of  the  Bar  Association  that  this  day  I  resign  the 
office  of  district  judge  of  the  United  States  for  the  district  of  Wisconsin, 
to  take  effect  on  the  first  day  of  January  next.  An  earlier  day  for  my 
retiring  would  be  agreeable  to  me,  and  should  have  been  set,  but  for  an 
amount  of  business  pending,  or  submitted  and  not  disposed  of,  which 
requires  my  attention  in  the  meantime. 


A '.  jj.^  Ji 


THE    BENCH    AND    BAR    OF    WISCONSIN.  47 

**  I  am  the  oldest  federal  judge  in  commission,  and  the  sole  surviving 
judge  who  administered  the  bankrupt  act  of  1841.  As  judge  of  the  terri- 
torial supreme  court,  I  attended  its  annual  terms  at  Madison,  and  held 
the  district  courts  in  the  third  district  of  the  territory,  which  before  the 
admission  of  the  state  into  the  Union  was  composed  of  nine  counties, 
and  also  the  terms  of  the  district  court  as  judge  of  the  United  States, 
without  missing  a  term  from  sickness  or  any  other  cause. 

**  Although  the  infirmities  of  age  cannot  be  pleaded  as  an  excuse  for 
my  resigning,  yet,  after  passing  fifty-four  years  of  my  life  in  the  law,  as 
a  student  in  a  law  office,  as  a  member  of  the  bar,  and  as  a  judge  thirty- 
five  years  of  the  time  in  public  service,  1  hope  that  the  members  of  the 
bar  and  my  fellow  citizens  generally  may  approve  of  my  retiring  from 
official  duty  in  the  evening  of  my  days. 

**  I  love  the  legal  profession,  and  esteem  the  worthy  practitioner  as 
holding  the  most  honorable  position  in  this  country.  And  I  shall  retire 
with  thankfulness  to  the  bar  for  the  aid  they  rendered  me  by  their  briefs 
and  arguments  in  my  judicial  investigations,  and  with  my  best  wishes 
for  their  prosperity  and  happiness.'* 

.After  the  retirement  of  Judge  Miller,  at  the  age  of  about  seventy- 
two  years,  he  continued  in  his  usual  good  health  ;  and  when,  Septem- 
ber 30,  1874,  while  at  his  usual  domestic  avocations,  at  his  home  in 
Milwaukee>  he  suddenly  departed  this  life,  the  announcement  was  a 
shock  to  the  entire  community.  A  great  and  good  man  had  gone  the 
way  of  all  mankind,  but  it  was  felt  to  be  the  end  of  a  life  full  of  years, 
usefulness  and  honor. 

Judge  Miller  came  into  what  is  now  the  Stale  of  Wisconsin  when 
the  practice  and  administration  of  law  was  in  a  crude  and  chaotic  con- 
dition. Law  books  were  few,  and  what  the  lawyers  of  that  day  lacked 
in  legal  lore  was  made  up  by  shrewdness,  tact  and  vehemence.  Judge 
Miller  changed  all  this.  His  native  dignity,  legal  learning  and  decorous 
bearing  taught  the  uncouth  practitioner  that  trickery,  rant  and  irrele- 
vancy were  out  of  place  in  his  court  and  positive  injury  to  a  cause.  It 
was  a  saying  of  the  old  members  of  the  Milwaukee  bar,  that  Jud^e 
Miller  first  gave  dignity  and  character  to  the  bench  of  eastern  Wiscon- 
sin. He  had  great  respect  for  the  sanctity  of  the  jury  system,  and 
aimed  to  secure  the  purity  of  the  jury  box.  He  brought  to  the  perform- 
ance of  his  arduous  judicial  duties  a  hardy  constitution  and  a  stalwart 
physique  that  stood  him  in  good  stead  in  the  new  and  rough  country 
in  which  lay  his  work. 


48  THE    BENCH    AND    BAR    OF    WISCONSIN. 

The  field  he  occupied  extended  over  a  large  territory,  and,  to  reach 
the  places  in  which  he  held  his  courts  at  that  early  day,  he  was  com- 
pelled to  ride  for  days  on  horseback,  often  through  a  wilderness  inhab- 
ited by  Indians,  with  here  and  there  a  solitary  settler.  He  would  thus 
make  regular  journeys  from  Milwaukee  to  Green  Bay,  encountering 
hardships  that  would  test  severely  the  perseverance  and  physical 
endurance  of  any  man.  In  this  connection  Mr.  J.  W.  Gary  says:  "  His 
duties  were  before  him,  he  had  engaged  to  perform  them,  and  he  never 
faltered  nor  turned  back.  In  all  these  years,  against  these  difficulties 
and  hardships,  this  faithful  public  officer  never,  in  a  single  instance,  on 
account  of  illness  or  for  other  cause,  failed  to  be  present  at  a  term  of 
court  appointed  by  law  at  the  designated  hour,  and  never  failed  to  hold 
a  term  open  until  the  business  that  was  ready  was  disposed  of;  and  all 
agree  who  have  practiced  at  his  court,  that  in  the  history  of  our  country 
no  man  ever  discharged  a  high  judicial  trust  more  faithfully,  or  more 
richly  earned  the  right  to  retire  in  the  evening  of  his  days  to  the  quiet 
of  private  life." 

Judge  Drummond  said  on  the  occasion  of  his  death :  "  Endowed 
with  a  retentive  memory,  having  great  experience  in  the  various  branches 
of  the  law,  and  always  a  diligent  student,  his  knowledge  of  the  profession 
and  particularly  of  federal  laws  and  adjudications,  including  admiralty 
law,  was  uncommon.  He  was  a  man  of  decisive  opinions  and  strong 
feelings,  but  it  can  be  said  with  truth,  that  in  all  cases  that  we  have 
heard  together,  his  main  desire  seemed  to  be  to  decide  according  to  the 
justice  and  right  of  the  cause  and  in  conformity  with  law." 

Presiding  in  the  court.  Judge  Miller  was  notable  for  the  dignity  of 
his  bearing.  His  ideas  of  the  authority  and  importance  of  a  high  court 
of  law  were  of  the  most  elevated  character.  He  gave  tone  to  the  er- 
mine in  the  new  rough  country  into  which  he  had  come  to  administer 
the  sacred  requirements  of  the  law.  This  may  have  been  irksome  to  the 
practitioner  of  that  day  who  had  been  accustomed  to  more  freedom  of 
the  bench  The  dignified  and  urbane  presence  of  Judge  Miller  never 
failed  to  preserve  the  utmost  decorum  in  his  courts.  His  rules  of  prac- 
tice were  simple  but  were  rigidly  enforced,  and  at  the  same  time  no 
judge  was  ever  more  courteous  to  the  practitioners  before  his  courts,  and 
to  young  lawyers  his  demeanor  was  unfailingly  kind  and  considerate. 
It  can  but  be  conceded  that  Judge  Miller  possessed  one  of  the  first 
requisites  of  a  judge  in   his  eminent  decision  of  character.     With  due 


THE    BENCH    AM)    BAR    OF    WISCONSIN.  49 

deference  to  the  ability  and  legal  learning  of  counsel,  he  was  inflexible 
in  taking  the  responsibility  of  his  decisions  in  accordance  with  his  convic- 
tions and  inflexibly  adhering  to  them.  His  judgments  were  never  im- 
pulsive nor  immature ;  they  were  invariably  given  after  full  consideration 
and  examination.  His  application  was  unremitted  in  the  study  of  the 
law  bearing  upon  the  causes  before  him.  When  not  in  court  he  was  in 
his  law  library.  Law  was  the  idol  of  his  life,  and  to  a  judge  who  loved 
it  so  well  it  could  not  otherwise  be  than  that  he  sought  for  truth  and 
justice  for  truth  and  justice's  sake.  It  would  seem  that  in  the  considera- 
tion of  his  cases  he  fully  isolated  himself  from  extraneous  circumstances 
and  surroundings.  It  was  evident  that  no  personal  influence  nor  preju- 
dice had  any  weight  in  his  judicial  decisions.  Hence  practitioners 
learned  in  the  law,  and  opinionated  withal,  naturally  would  feel  aggrieved 
that  adverse  opinions  held  by  them  did  not  measurably  sway  the  course 
of  the  bench.  All  judges  may  err,  but  Judge  Miller  was  fully  capable 
of  assuming  the  responsibility  which  rightly  belonged  to  him,  and  no 
one  hesitated  to  accord  to  him  the  strictest  integrity  in  his  judicial  as 
well  as  his  social  life.  He  was  the  soul  of  honor.  The  late  Chief 
Justice  Ryan  said  on  the  occasion  of  his  death:  "From  whatever  point 
of  view  we  look  back  upon  Judge  Miller's  professional  career  in  Wiscon- 
sin, it  must  be  conceded  that  for  the  greatness  of  his  office,  for  the  re- 
markable length  of  his  official  life,  for  the  public  importance  of  his 
administration,  for  the  vast  aggregate  of  his  judicial  labors,  few  judges 
have  higher  claims  to  eminence.  Think  what  men  may  of  his  adminis- 
tration, there  was  something  grand  in  the  lonely  self-reliance  and  stead- 
fastness of  the  man  which  none  could  fail  to  admire.  Regardless  of  all 
outcry  he  held  his  way,  and  so  he  appeared  to  others  arbitrary  when  he 
was  only  true  to  his  own  sense  of  the  duty  and  dignity  of  his  office. 
And  I  am  happy  to  be  a  witness  to  my  own  belief,  founded,  I  think,  on 
thorough  knowledge  of  the  man  and  his  administration,  that  Judge  Miller 
left  the  bench  without  a  sense  of  willful  wrong  done  upon  it." 

Judge  Miller  was  notable  in  strength  of  character,  persistent  and  im- 
movable in  what  he  .believed  to  be  the  right;  nothing  was  suffered  to 
ruffle  his  passive  and  equitable  temperament.  Sentiment  did  not  enter 
into  his  law  decisions;  he  did  not  find  it  in  the  books.  His  mission  was 
to  execute  the  statutes;  his  hand  was  not  in  their  making.  **  He  upheld 
and  enforced  the  law,**  and  no  higher  praise  can  be  accorded  to  any 

judge  who  has  occupied  the  bench.     In  times  of  excitement  he  adhered 

4 


50  THE    BENCH    AND    BAR    OF    WISCONSIN. 

to  the  law  without  regard  to  results.  He  made  decisions  which  were 
contrary  to  a  strong  anti-slavery  sentiment  of  the  times,  but  in  all  of 
these  he  was  sustained  by  the  supreme  court  of  the  United  States.  His 
decisions  are  the  law  of  the  State  of  Wisconsin  to-day,  and  he  has  done 
much  toward  settling  the  policy  of  the  state. 

Judge  Miller  was  a  lifelong  member  of  the  Episcopal  church,  and  was 
ever  constant  and  devoted.  He  lived  the  life  of  a  christian;  upright, 
pure  and  honorable  in  his  daily  walk.  Blessed  with  an  interesting  and 
devoted  family,  his  delight  was  in  his  well  ordered  home.  With  feelings 
ever  deep  and  true,  the  austerity  of  the  bench  relaxed  in  the  social  en- 
joyment of  family  and  friends.  To  those  who  had  the  privilege  of  know- 
ing him  in  his  private  life,  he  was  a  model  of  excellence  in  all  his  family 
relations.  Eminent  as  he  was  as  a  jurist,  his  memory  is  more  cherished 
by  his  numerous  descendants  for  his  domestic  goodness  and  virtues. 
-No  citizen  commanded  more  respect  in  the  community  where  he  was  so 
long  and  so  well  known.  He  has  left  behind  him  a  kindred  whose  Hves 
bear  the  impress  which  his  character  and  life  made  upon  them. 

In  business  matters  Judge  Miller  was  the  exact,  prompt  and  conscien- 
tious man,  doin^  unto  others  as  he  would  have  others  do  unto  him. 

In  reviewing  the  career  of  Judge  Miller,  it  would  seem  that  his  placid 
and  conservative  character  was  eminently  fitted  to  mould  into  better 
harmony  the  new  and  crude  elements  with  which  his  judicial  life  was 
intermingled,  and  to  potently  aid  in  shaping  the  character  and  elevating 
the  tone  of  the  higher  class  of  society  in  which  he  moved.  His  life  had 
been  long,  useful  and  impressive,  and  he  was  called  to  leave  it  before 
time  had  at  all  dimmed  the  lustre  of  his  intellect  or  impaired  the  vigor 
of  his  constitution. 

CHIEF  JUSTICES  STATE  SUPREME  COURT. 

Alexander  Wolcott  Stow  was  born  in  Middletown,  Connecticut, 
in  1804.  But  little  can  be  learned  of  his  early  life  excepting  that  he 
was  a  college  graduate,  after  which  he  traveled  extensively  in  Europe; 
that  he  studied  law,  and  after  his  admission  to  the  bar  practiced  the 
profession  at  Rochester,  New  York.  In  1845  he  came  to  Wisconsin, 
and  settled  at  Fond  du  Lac,  near  which  city  he  purchased  a  farm,  but 
did  not  become  a  farmer.  His  time  was  divided  between  Fond  du  Lac 
and  Milwaukee,  at  which  latter  city  he  had  a  law  office,  but  not  much 
business.     He  was  soon,  however,  brought  into  official  life.     He  became 


THE    BENCH    AND    BAR    OF    WISCONSIN.  51 

known  as  a  man  of  learning,  culture,  and  profound  in  the  law,  espe- 
cially in  decisions.  Consequently,  on  the  establishment  of  the  first 
courts  under  the  state  organization,  he  was  elected  judge  of  the  fourth 
circuit,  in  virtue  of  which  he  was  also  a  member  of  the  supreme  court, 
and  as  such  was  chosen  chief  justice  by  his  associates.  As  the  terms  of 
the  respective  judges  were  determined  by  lot,  the  full  term  being  six 
years,  the  shortest  term  fell  to  Judge  Stow,  and  his  term  ended  January 
I,  185 1.  Retiring  to  private  life  he  continued  to  reside  nominally  on 
his  farm,  was  never  married,  and  died  in  Milwaukee  September  14,  1854. 

Mortimer  M.  Jackson  was  born  in  Rensselaerville,  Albany  county. 
New  York ;  studied  law  in  the  city  of  New  Vork ;  came  to  Wisconsin  in 
1838;  was  appointed  attorney-general  of  the  territory  in  1841.  and  held 
the  office  until  1845.  On  the  organization  of  the  state  government  in 
1848  he  was  elected  judge  of  the  fifth  judicial  circuit,  by  virtue  of  which 
he  was  also  a  member  of  the  supreme  court.  On  the  expiration  of  the 
term  of  Judge  Stow  as  chief  justice,  Judge  Jackson  was  chosen  by  his 
colleagues  chief  justice,  but  declined  to  serve,  and  his  term  as  judge 
expired  in  1852.  In  1861  he  was  appointed  United  States  consul  at 
Halifax,  Nova  Scotia,  and  in  1880  was  promoted  to  consul-general  of 
the  United  States  for  the  British  maritime  provinces,  in  which  capacity 
he  is  now  acting,  with  his  residence  at  Halifax. 

Edward  V.  Whiton,  Janesville.  Edward  Vernon  Whiton  was  the 
son  of  General  Joseph  Whiton,  of  Massachusetts,  a  soldier  of  the  revo- 
lution and  of  the  war  of  181 2,  and  was  born  at  South  Lee,  Berkshire 
county,  Massachusetts,  on  the  2d  of  June  1805.  During  the  first 
thirty  years  of  his  life  he  continued  to  reside  in  his  native  town,  whence 
he  at  length  removed  to  the  then  territory  of  Wisconsin,  to  take  part  in 
the  great  and  glorious  battle  of  life  in  that  new  field  of  development — 
the  great  West.  He  settled  there  when  the  present  site  of  Janesville 
and  its  neighborhood  was  almost  a  wilderness,  and  lived  for  some  time 
the  life  of  a  pioneer  in  a  cabin  on  the  broad  prairie.  He  was  elected  a 
member  of  the  house  of  representatives  for  the  first  session  of  the 
legislative  assembly  at  Madison.  At  the  next  subsequent  session  he 
was  elected  speaker  of  the  house.  During  those  sessions  he  was  a  fre- 
quent participant  in  debate,  and  took  an  active  part  in  enacting  the 
first  territorial  code.  Up  to  that  time  the  laws  of  Wisconsin  consisted 
of  the  territorial  statutes  of  Michigan  and  the  laws  of  the  Wisconsin 


52  THE    HENCH    AND    BAR    OF    WISCONSIN. 

legislature,  passed  at  the  sessions  at  Belmont  and  Burlington.  The 
revised  statutes,  which  became  of  force  on  the  4th  of  July,  1839,  were 
published  under  his  supervision.  In  1847  ^^  was  a  member  of  the 
constitutional  convention  which  framed  the  constitution  of  the  state. 
On  the  organization  of  the  state  government  in  1849  he  was  elected  a 
circuit  judge,  and,  under  the  then  system,  became  a  judge  of  the 
supreme  court.  He  occupied  this  position  until  1853,  when  the  "sepa- 
rate supreme  court  **  was  established,  when  he  was  elected  chief  justice, 
and  reelected  in  1857,  and  continued  to  hold  the  office  until  he  was 
compelled  to  leave  it  by  the  disease  of  which  he  died. 

Chief  Justice  Whiton  was  thoroughly  identified  with  almost  every 
prominent  event  in  the  history  of  Wisconsin,  both  as  a  territory  and  as 
a  state.  Throughout  the  whole  period  of  his  residence  in  Wisconsin 
his  life  was  a  public  life,  and  he  filled  political  and  judicial  stations  suc- 
cessively with  such  ability  and  integrity  that  the  people  exalted  him 
from  place  to  place,  until  he  had  received  the  highest  honors  in  their 
gift;  and  the  positions  with  which  he  was  honored  were  ennobled  by 
the  lustre  of  his  conduct  and  character.  Amid  all  the  conflicts  of  party 
— both  in  the  means  by  which  he  attained  and  the  manner  in  which  he 
discharged  the  duties  of  office — the  purity  of  his  character  was  ever 
unsullied  by  the  slightest  breath  of  reproach  or  even  suspicion. 

In  the  early  part  of  the  year  1859  his  health  began  to  fail,  and  it 
became  manifest  to  his  associates  upon  the  bench  that  his  system  was 
suffering  from  some  malady  which  it  was  hoped  would  be  but  temporary 
in  its  effects,  and  would  yield  to  the  invigorating  influences  of  relaxation 
and  home  exercises,  where  the  cares  and  anxieties  of  official  responsi- 
bility would  not  intrude.  Accordingly  his  associates  upon  the  bench, 
after  much  persuasion,  induced  him  to  retire,  as  all  hoped,  for  a  short 
season  only,  in  order  to  recruit  his  energies  for  the  approaching  term, 
as  well  as  to  complete  the  unfinished  former  business  still  remaining. 
He  left  the  bench,  as  was  supposed,  in  the  confident  expectation  of 
returning  to  it  again  after  a  short  respite  at  home.  Insidious  disease, 
however,  had  obtained  too  strong  and  deep  a  hold  in  his  system,  and 
about  noon  on  the  12th  of  April,  1859,  he  died  at  his  residence  in 
Jancsville,  in  the  house  of  his  own  construction,  loved  and  mourned  as 
to  few  men  it  has  been  vouchsafed  to  be  loved  and  mourned. 

Among  those  officially  and  professionally  connected  with  him,  as 
well    as    in    his    private    circle,  his    death    called    forth    the    deepest 


^i  ^^ 


THE    BENCH    AND    BAR    OF    WISCONSIN.  53 

expressions  of  sincere  regret  and  sorrow.  At  the  meetings  of  the  bar 
of  the  supreme  court,  and  of  the  Milwaukee  bar,  as  well  as  those  held 
at  the  county  seats  of  the  several  counties  of  the  state,  resolutions  were 
adopted  indicative  of  the  great  general  loss  felt  by  the  people,  as  well 
as  the  exalted  estimation  in  which  the  deceased  judge  was  most  deserv- 
edly held  by  bench  and  bar.  The  president  of  the  Milwaukee  bar,  in 
the  course  of  a  touching  tribute  to  his  virtues  and  ability,  said  of  him  : 
"Were  I  to  name  any  one  sphere  of  action  in  his  life  in  which  he  was 
most  eminently  distinguished,  and  for  which  he  had  a  peculiar  adapta- 
tion, I  should  say  that  it  was  as  a  legislator.  His  varied  information, 
strict  integrity,  eminent  conservatism,  and  finely  balanced  mind,  all 
combined  to  make  him  a  ready  debater  and  a  high-minded  and  patri- 
otic legislator.  But  it  is  useless  to  name  any  one  sphere,  when  all  the 
positions  he  ever  occupied  were  filled  so  ably  and  perfectly."  And 
another  of  his  intimate  associates  said:  "On  this  melancholy  occasion 
I  can  hardly  trust  myself  to  speak.  For  years  Judge  Whiton  has  been 
to  me  as  it  were  an  elder  brother.  Our  relations  have  been  so  harmo- 
nious, so  uniformly  genial,  so  entirely  fraternal,  that  we  have  scarcely 
thought  of  official  relation.  During  our  long  association,  in  deliberation 
upon  matters  of  the  gravest  concernment,  while  discussion  has  been 
roost  free  and  unrestrained,  never  an  unkind  word,  nay,  not  even  a 
petulant  expression,  has  been  uttered.  All  through  his  official  career 
he  preserved  a  strictness  of  propriety  which  can  scarcely  be  equaled,  a 
conscientiousness  which  never  wavered,  a  depth  of  thought  and  com- 
prehensiveness of  the  subject-matter  ever  present ;  commanding  without 
force,  controlling  without  intrusion;  clear  and  unassuming  in  his  high 
office ;  great  when  he  least  thought  of  greatness,  but  great  only  wherein 
man  can  be  truly  great — because  he  was  wise  and  good." 

LuTHKR  S.  Dixo.v,  Milwaukee,  was  a  native  of  Chittenden  county, 
Vermont,  born  June  17,  1825,  was  educated  at  an  academy  and  Nor- 
wich Military  University,  read  law  with  the  distinguished  Judge  L.  P. 
Poland,  and  was  admitted  to  the  bar  in  1850.  Coming  west  the  same 
year  he  located  at  Portage  City,  commenced  practice,  and  was  district 
attorney  from  1852  to  1856.  While  serving  in  this  capacity  he  was 
prosecuting  attorney  in  the  famous  murder  trial  of  John  B.  Du  Bay, 
which  was  removed  to  Dane  county  on  change  of  venue  in  1856.  Pitted 
against  him  were  Moses  M.  Strong  and  Harlon  S.  Orton,  two  as  able 


54  THE    BENCH    AND    BAR    OF    WISCONSIN. 

lawyers  as  there  were  in  the  state,  and  the  marked  ability  with  which  he 
conducted  the  prosecution,  singly  and  alone,  brought  him,  for  the  first 
time,  into  prominence,  and  he  was  yet  young.  In  1858  Governor  Ran- 
dall appointed  him  judge  of  the  ninth  circuit,  and  during  the  year  he 
served  held  two  terms  of  court  in  each  county.  On  the  death  of  Chief 
Justice  Whiton,  in  1859,  he  was  appointed  by  Governor  Randall  to  fill 
the  vacancy,  taking  his  seat  April  19,  1859.  He  was  four  times  re- 
elected, and  on  June  17,  1874,  resigned  and  moved  to  Milwaukee,  where 
he  resumed  the  practice  of  law.  In  this  city  he  was  immediately  en- 
gaged in  important  cases,  among  which  was  counsel  for  the  United 
States  in  the  notable  whisky  trials  of  1875  ;  for  the  state  in  the  memo- 
rable granger  cases  of  1874,  1875  and  1876,  testing  the  control  of  the 
state  over  railroad  corporations  chartered  by  the  legislature,  and  was 
retained  for  the  Atchison,  Santa  Ft*  &  Topeka  Railroad  Company  in  its 
famous  litigation  with  the  Denver  &  Rio  Grande  Railway  Company  for 
possession  of  the  grand  cafton  of  the  Arkansas  in  Colorado.  The  latter 
case  took  him  to  Colorado  for  three  months  in  1879.  This  has  led  to  a 
decision  to  make  Denver  his  future  home,  for  the  reason  that  the  cli- 
mate of  the  shore  of  Lake  Michigan  brought  on  bronchial  and  asth- 
matic troubles  of  which  the  atmosphere  of  Colorado  proved  curative. 
He  leaves  behind  a  splendid  practice,  but  the  promise  of  satisfactory 
business  awaits  him  in  his  new  field  of  labor.  Through  his  decisions  as 
chief  justice,  as  well  as  otherwise,  he  is  quite  as  well  known  in  Colorado 
among  the  legal  profession  as  a  jurist  as  he  is  in  Wisconsin.  The  Wis- 
consin Reports  are  standard  the  country  over. 

Devoting  himself  entirely  to  the  law  the  judge  has  never  allowed 
himself  to  be  drawn  into  partisan  politics.  It  is  well  known  that  during 
the  memorable  contest  for  the  United  States  senatorship,  during  the 
legislative  session  of  the  winter  of  1875,  and  a  third  man  was  demanded, 
judge  Dixon  could  have  had  the  election  by  simply  saying  yes.  The 
writer  of  this  sketch  said  to  him  casually,  "  Why  not  be  senator, 
Judge  ?  **  "  I  cannot  afford  it,**  was  quickly  replied.  The  writer  was 
also  present  in  a  republican  state  convention  when  the  name  of  Judge 
Dixon  was  proposed  for  renomination.  His  competitor  was  powerful. 
Ex-Governor  Salomon  championed  his  cause,  and  in  his  speech,  of 
remarkable  power,  presenting  the  name  of  the  judge,  he  made  a  turning 
point  by  saying  that  the  unselfish  motive  of  his  decisions  had  been 
notably  illustrated  in  the  fact  that  he  decided  against  the  claims  of  the 


THE    BENCH    AND    BAR    OF    WISCONSIN.  55 

thousands  of  farmers  in  the  celebrated  and  long  contested  farm  mort- 
gages cases,  when,  if  he  sought  popularity  in  view  of  the  approaching 
election  of  a  chief  justice,  he  had  an  excellent  opportunity  to  reach  the 
good-will  of  a  large  body  of  voters,  but,  on  the  contrary,  chose  to  risk 
his  reelection  on  right  and  justice;  and  this  won. 

Before  leaving  the  city  for  Colorado  the  bar  of  Milwaukee  tendered 
Judge  Dixon  a  parting  banquet.  This  he  respectfully  declined,  prefer- 
ring a  letter  of  acknowledgment  of  the  compliment.  The  truth  is,  one 
of  the  most  conspicuous  traits  of  the  judge's  character  is  his  unconquer- 
able distaste  of  notoriety  in  any  form. 

So  recently  leaving  a  state  where  he  has,  for  so  long  a  period,  been 
at  the  head  of  the  bench  and  bar,  it  may  not  be  an  impropriety  to  say 
that  the  estimation  in  which  he  is  held  by  all  who  personally  know  him 
is  that  in  person,  intellect,  moral  character  and  professional  worth,  the 
subject  of  this  record  is,  in  every  phase  of  life,  a  man,  than  which  there 
can  be  no  higher  eulogy. 

Edward  G.  Ryan,  Madison,  thus  wrote  of  his  early  life  in  response 
to  request  of  the  author  of  this  book  : 

"  I  was  bom  at  Newcastle  House,  my  father's  residence,  near  the  vil- 
lage of  Enfield,  in  the  county  of  Meath,  November  13,  1810.  My 
father,  Edward  Ryan,  was  a  younger  son  of  the  family  of  Ryan,  of  Bal- 
linakill.  He  had  married  Abby,  eldest  daughter  of  John  Keogh,  of  Mt. 
Jerome,  the  chairman  of  the  famous  Catholic  committee.  At  the  time 
of  my  birth  my  father  was  a  prosperous  man,  the  owner  of  lands  pur- 
chased in  part  with  the  fortune  which  he  received  with  my  mother. 
Between  the  peace  of  1815  and  the  passage  of  the  corn  laws  he  was 
ruined,  as  were  almost  all  others  who  owed  money  upon  land.  He  then 
removed  to  Blackhall,  in  the  county  of  Kildare,  which  he  rented,  and 
where  he  lived  till  near  his  death. 

•  "  My  mother's  father  was  a  very  wealthy  man,  who  died  while  I  was  a 
youngster.  He  left  an  annuity  to  my  mother  for  the  purpose  of  edu- 
cating her  children.  There  were  ten  of  us,  and  we  all  received  an 
excellent  education.  I  received  mine  at  Clongowes  Wood  College, 
where  I  remained  for  seven  years,  from  1820  to  1827. 

I  was  always  destined  for  the  law,  in  the  study  of  which  I  was  nom- 
inally engaged  in  i8a8  and  1829.  Hut  I  was  an  expensive  and  improvi- 
dent youth,  and  a  great  burden  to  my  father. 


56  THE   BENCH    AND   BAR    OF    WISCONSIN. 

I  had  exaggerated  notions  of  the  ease  with  which  men  got  on  in  this 
country,  and  I  finally  obtained  my  father's  consent  to  come  here.  So  I 
came  in  1830.  I  did  not  know  then,  but  have  long  since  known,  that 
my  father  expected  me  to  fail  and  to  return  to  Ireland.  I  was  too 
proud  to  do  so.  I  studied  law  in  New  York  as  I  could,  supporting  my- 
self by  teaching.  I  was  admitted  in  1836,  and  came  that  year  to  Chi- 
cago. Up  to  that  time  I  had  never  known  what  sickness  was.  But  I 
was  peculiarly  subject  to  miasmatic  disease,  and  was  in  very  poor  health 
during  the  whole  time  1  was  in  Chicago.  In  1842  I  was  married  to 
Mary,  eld*est  daughter  of  Captain  Hugh  Graham,  and  immediately  re- 
moved to  Racine.  I  lost  my  first  wife  in  1847,  and  as  soon  as  I  rallied 
from  the  blow  prepared  to  move  to  Milwaukee,  and  moved  there  in 
December  1848.  When  I  first  went  to  Racine  it  seemed  doubtful  which 
would  be  the  larger  place.    That  doubt  was  settled  long  before  I  moved. 

In  1850  I  was  married  to  Caroline  Willard,  daughter  of Pierce,  of 

Newburyport,  Massachusetts.** 

In  Milwaukee  Judge  Ryan  was  successively  associated  in  the  prac- 
tice of  law  with  Mathew  H.  Carpenter,  James  G.  Jenkins,  Joshua  Stark 
and  J.  J.  Orton,  as  also,  at  one  time,  a  quasi  connection  with  the  firm  of 
Smith  &  Salomon.  In  that  city  he  was  in  contact  with  some  of  the 
greatest  lawyers  and  advocates  that  have  practiced  in  Wisconsin,  A.  D. 
Smith,  N.  K.  Wells,  Jonathan  E.  Arnold,  now  gone,  having  been  among 
the  brilliant  number. 

Judge  Ryan  was  brought  into  prominence  on  his  connection  with 
the  noted  Radcliff,  Anna  Wheeler  and  some  other  celebrated  murder 
trials,  and  the  Glover  rescue  slave  case.  But  what  first  gave  him  a 
national  reputation  and  placed  him  at  the  head  of  the  profession  in  this 
state  was  his  masterly  arguments  in  the  celebrated  Hubbell  impeach- 
ment trial  before  the  state  senate  in  1854.  Alone  he  conducted  the 
trial  on  behalf  of  the  managers  appointed  by  the  assembly,  and  opposed 
to  him  were  the  eloquent  Janathan  E.  Arnold  and  the  learned  James  B. 
Knowlton.  The  senators  were  some  of  the  most  eminent  men  in  the 
state  sitting  as  a  court.  Although  the  accused  was  acquitted  it  was 
conceded  to  be  no  fault  of  Judge  Ryan  representing  the  prosecution. 
The  case  was  mixed  up  with  politics,  and  Judge  Hubbell  belonged  to 
the  dominant  party  in  the  state,  and  its  representatives  in  the  senate 
predominated  in  that  body.  He  acquired  not  only  reputation  but  like- 
wise personal  honor  as  one  of  the  leading  counsel  in  the  Barstow-Bash- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  5? 

ford  case  before  the  supreme  court,  at  which  time,  although  a  political 
sympathizer  with  the  Barstow  side  of  the  issue,  he  took  strong  grounds 
against  the  counting  of  illegal  election  returns  that  would  alone  make 
Barstow  governor. 

It  was  not  only  as  a  lawyer  and  jurist,  but  as  an  editor,  a  statesman 
and  a  politician,  that  Judge  Ryan  was  conspicuous.  He  was  one  of 
the  early  journalists  of  Chicago.  He  was  the  editor  of  the  Tribune, 
which  was  published  in  Chicago  in  1839,  and  was  probably  the  first 
newspaper  of  the  name  in  the  country,  antedating  Horace  Greeley's 
prolific  progenitor  by  several  years.  The  selection  of  the  name  shows 
the  classic  tone  of  its  editor.  It  was  started  in  1839,  and  closed  its 
career  in  1841,  having  a  brief  existence,  like  many  of  the  early  as  well 
as  the  later  journals  of  Chicago.  It  was  published  by  Holcomb  &  Com- 
pany. Holcomb  was  the  printer,  and  E.  G.  Ryan  the  Company  and  the 
editor.  It  was  not  a  small  sheet  for  the  time,  but  a  seven-column 
paper,  as  large  as  any  in  the  city,  and  as  large  as  could  be  conveniently 
handled  and  pulled  on  a  hand-press.  It  was  printed  eight  years  before 
any  i>ower-presses  were  used  in  Chicago.  It  was  decidedly  the  hand- 
lomest-printed  sheet  then  in  the  city, —  Holcomb  &  Company  assuming 
to  raise  the  standard  of  printing,  then  in  its  primitive  stages. 

The  first  newspaper  of  Chicago  was  the  Chicago  Democrat,  started 
by  John  Calhoun  in  1833  ;  the  second  was  the  Chicago  American,  started 
by  T.  O.  Davis  in  1835  ;  the  third,  the  Commercial  Advertiser,  in  1837, 
by  Hooper  Warren ;  and  the  fourth,  the  Tribune,  in  1839,  edited  by 
E.  G.  Ryan,  the  late  jurist.  The  professional  editors  in  Chicago  pre- 
vious were  John  Calhoun,  John  Wentworth  (his  successor),  Thomas  ( ). 
Davis,  Hooper  Warren,  William  Stuart;  then  follows  E.G.Ryan.  There 
were  some  unprofessional  editors  who  used  to  lend  them  a  hand  at  the 
quill  in  those  days  on  the  political  journals,  as  Dr.  Brainard,  J.  F.  Hal- 
lister  and  others. 

The  Tribune  was  started  as  a  democratic  paper.  It  was  really  a 
competitor  of  Long  John's  Democrat.  The  Democrat  was  an  intense 
partisan  paper,  moulded  after  the  school  of  Isaac  Hill.  It  was  con- 
ducted ui>on  the  level  of  the  people  who  were  to  make  up  the  mass 
of  the  votes  of  the  democratic  party.  The  Tribune  had  no  respect 
for  so  low  a  level  of  humanity.  It  was  designed  to  reach  the  intellec- 
tual and  cultivated  class.  Mr.  Ryan  wrote  long  and  able  editorials,  and 
not  always  on  the  popular  topic  of  the  hour.     The  editor  gave  subjects 


58  THE    BENCH    AND    BAR    OF    WISCONSIN. 

to  his  readers  to  think  about  which  were  really  worthy  of  their  thoughts, 
and  the  articles  were  not  only  profitable  reading  for  the  day  but  would 
be  equally  profitable  for  any  other  day  in  the  coming  years.  It  is  a  pity 
there  are  not  enough  seekers  for  such  style  of  editorial  writing.  These 
productions  in  literary  merit  were  worthy  to  be  placed  by  the  side  of 
the  essays  and  allegories  in  Addison's  Spectator.  The  Chicago  Demo- 
crat, with  its  laudations  of  Andrew  Jackson,  and  its  sharp  criticisms 
on  the  policy  of  the  whigs,  and  its  intense  personalities,  had  readers 
in  all  the  log-cabins  in  the  West.  The  Tribune  found  a  few  apprecia- 
tive readers  among  the  cultivated  class,  but  aroused  little  enthusiasm 
and  brought  in  but  limited  patronage,  and  its  life  was  therefore  short. 

These  were  the  printers  on  the  Tribune  in  1840:  Abial  Smith, 
the  pressman,  now  at  Lockport ;  E.  F.  Ellithorp,  James  Kelly  and  Rob- 
ert Fergus,  all  now  of  this  city;  William  Ellis,  Carver  Butterfield,  and 
others  who  have  since  died.  The  office  had  been  bought  of  Rudd  & 
Childs,  and  was  a  good  establishment  for  the  times,  and  fitted  up  as  a 
book  and  job  office.  In  this  office  was  printed  the  first  volumes  of 
Scammon's  Illinois  Reports,  the  first  book  printed  in  Chicago.  K.  K. 
Jones,  now  living  near  Quincy,  was  a  devil  in  the  office,  and  he  said 
he  was  a  devil  of  a  devil.  S.  W.  Wilcox,  of  the  West  Park  board, 
was  another  devil  in  the  office.  K.  K.  Jones  has  given  some  pleasant 
reminiscences  of  his  devilship  in  this  office.  Carver  Butterfield,  who 
was  a  kind  hearted  man,  and  a  good  writer  and  greater  reader,  be- 
friended the  boy  who  rolled  behind  the  press,  and  won  his  everlasting 
gratitude.  Carver  Butterfield  was  an  appreciator  of  Ryan  as  an  editor 
and  writer.  Kile,  who  was  the  paper-carrier,  as  well  as  the  roller-boy, 
wanted  a  New  Year's  address,  and  he  appealed  to  Butterfield  to  help 
him  out.  Butterfield  said  to  him,  **  Go  to  Mr.  Ryan ;  he  is  a  sensible 
man,  and  the  best  writer  in  Chicago,  and  if  he  will  write  you  an  address 
it  will  be  one  worth  having."  And  Ryan  came  now  most  cheerfully  in 
his  dignity,  and  wrote  the  boy  an  address. 

Ryan  came  seldom  into  the  office  except  when  he  had  something  to 
say  about  copy  or  proof.  He  was  very  irascible,  and  the  printers  would 
sometimes  catch  it.  He  had  no  compromise  with  jocoseness  or  foolish- 
ness. His  dignity  led  him  rather  to  contest  his  points  with  the  foreman 
or  his  partner,  Holcomb.  Holcomb's  habits  were  not  good,  and  it  was 
said  that  it  was  a  quarrel  with  him  that  led  to  the  breaking  up  of  the 
establishment. 


THE    BEN'CH    AND    BAR    OF    WISCONSIN.  59 

As  a  Statesman,  we  find  him  representing  Racine  in  the  first  conven- 
tion to  frame  a  constitution  for  the  embryo  state.  Judge  Ryan  took  a 
prominent  part  in  the  dehberations  and  debates,  and  his  ideas  were 
stamped  upon  some  of  the  important  provisions  of  that  instrument.  It 
was,  however,  rejected  by  a  vote  of  the  people.  This  was  the  only 
political  position  he  ever  held,  and  it  was  not  supposed  that  he  had 
aspirations  for  office  that  would  be  purely  political. 

In  political  belief  he  was  always  a  democrat  of  the  straightest  kind. 
During  the  war  of  the  rebellion  he  sided  with  the  Union  cause,  while 
condemning  some  of  the  radical  war  measures  of  the  administration, 
particularly  in  the  suspension  of  the  writ  of  habeas  corpus,  and  he  ac- 
quired no  small  amount  of  notoriety  as  the  writer  of  the  celebrated 
address,  which  was  adopted  at  a  democratic  state  convention  in  1862,  and 
which  severely  condemned  the  course  pursued  by  the  United  States 
authorities  in  its  prosecution  of  the  war.  This  document  has  a  place  in 
the  political  history  of  the  state  as  the  Ryan  address. 

The  great  ambition  of  Judge  Ryan  was  a  seat  upon  the  bench  of 
the  supreme  court  as  chief  justice.  At  length  the  fruition  of  these 
hopes  was  realized.  In  1874  Chief  Justice  L.  S.  Dixon  resigned,  and 
the  democratic  governor,  W.  R.  Taylor,  appointed  Judge  Ryan  to  the 
position.  Of  acknowledged  eminent  fitness  for  this  high  office,  the  selec- 
tion was  in  accord  with  the  sentiments  of  the  people  irrespective  of 
party,  and  esjjecially  gratifying  to  the  entire  bench  and  bar  of  the  state. 

Having  served  out  the  unexpired  term  of  Judge  Dixon  he  was 
elected  to  the  place  for  the  full  term  in  1875. 

Removing  his  residence  from  Milwaukee  to  Madison  while  serving 
on  the  supreme  bench,  he  died  in  the  latter  city,  October  19,  1880, 
and  was  buried  in  the  Forest  Home  Cemetery  at  Milwaukee. 

Two  of  his  sons  have  adopted  the  profession  of  their  father.  Hugh 
Ryan  is  in  law  practice  in  Milwaukee,  and  the  youngest  son,  Lester 
Ryan,  is  preparing  for  the  bar  in  Milwaukee.  Mrs.  Ryan  lives  in  Boston, 
Massachusetts. 

The  bar  association  of  Milwaukee  has  honored  the  memory  of  Judge 
Ryan  by  placing  a  portrait  of  him,  done  in  oil,  in  the  supreme  court- 
room at  Madison,  and  James  G.  Jenkins,  of  Milwaukee,  has  had  pre- 
pared a  fine  crayon  likeness  of  the  chief  justice,  which,  as  a  personal 
tribute  to  the  memory  of  the  eminent  jurist,  he  has  caused  to  be  hung  up 
in  the  circuit-court  room  in  Milwaukee,  which  was  done  with  proper 


60  THE    BENCH    AND    BAR    OF    WISCONSIN. 

ceremonies  in  the  presence  of  the  circuit  judge  and  a  large  concourse 
of  the  city  bar. 

Reminiscences :  A  Mr.  T.  G.  Turner  gives  an  account  of  Mr.  Ryan 
during  his  residence,  in  his  youth,  in  New  York  city,  the  only  reminis- 
cence regarding  him  extending  so  far  into  the  past  that  has  been  made  pub- 
lic. He  says:  **  In  1834  I  was  a  boy  merely,  and  a  clerk  in  an  importing 
house.  I  boarded  at  Mrs.  Ballard^s,  on  Pearl  street,  a  quite  celebrated 
house  of  entertainment  at  that  day.  The  late  Chief  Justice  Ryan,  of 
Wisconsin,  some  seven  years  my  senior,  boarded  at  the  same  house.  I 
remember  him  as  a  genial,  witty,  able  young  man,  addicted  to  *  Irish 
bulls,*  easily  imposed  upon  by  his  joke-cracking  associates,  but  by  all 
respected  and  held  in  high  esteem.  Boarding  at  the  same  house  at  the 
time  mentioned  was  Mr.  Preston,  author  of  a  book  of  interest  tables* 
quite  celebrated  at  that  day ;  and  also  Gould  Brown,  author  of  the  best 
grammar  of  the  English  language  with  which  I  am  acquainted.  Mr. 
Brown  was  a  Quaker,  a  scholar,  and  a  gentleman ;  and  his  grammar  will 
be  held  as  authority  when  the  names  of  a  hundred  pretenders  have 
vanished  from  the  list.  I  remember  divers  skirmishes  between  Mr. 
Brown  and  Mr.  Ryan,  the  conclusion  of  all  of  which  seemed  to  be  that 
the  grammarian  conceded  to  the  late  chief  justice  the  honor  of  using 
the  Irish  idiom  correctly,  but  claimed  that  his  knowledge  of  the  English 
tongue  was  imperfect,  if  not  ridiculous.  Both  contestants  are  now  at 
rest.     One  died  a  great  grammarian,  the  other  a  great  jurist. 

In  1842  he  removed  from  Chicago  to  Racine,  where  he  continued 
the  practice  of  his  profession  with  such  a  moderate  degree  of  success 
as  was  practicable  where  there  were  several  lawyers  and  but  few  law- 
suits, and  in  1846  he  was  elected  a  member  of  the  first  constitutional  con- 
vention, and  entered  upon  public  life  in  this  state.  His  most  conspicuous 
colleagues  from  Racine  county  were  Marshall  M.  Strong  and  Frederick 
Lovell,  while  among  the  delegates  from  other  counties  were  Henry  S. 
Baird,  John  Y.  Smith,  George  B.  Smith,  Wm.  M.  Dennis,  Stoddard 
Judd,  Hiram  Barber,  Warren  Chase,  J.  Allen  Barber,  James  R.  Vine- 
yard, William  R.  Smith,  Moses  M.  Strong,  Ninian  E.  Whitesides,  Theo- 
dore Prentiss,  George  Hyer,  Samuel  W.  Beall,  Don  A.  J.  Upham,  John 
Crawford,  John  H.  Tweedy,  A.  Hyatt  Smith,  David  Noggle,  Andrew  E. 
Elmore,  George  Reed,  A.  W.  Randall  and  James  Duane  Doty,  with 
many  others,  forming  the  ablest  body  of  men  by  far  that  ever  met  in 
the  state. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  01 

He  was  much  younger  in  appearance  than  his  real  age,  which  was 
thiriy-six,  and  he  was  poorly  clad,  his  pantaloons  especially  being  of  un- 
couth brevity ;  he  was  awkward  in  manner,  and  a  stranger  to  nearly  all  the 
able  and  brilliant  men  with  whom  he  came  in  contact.  But  among  and 
above  them  all,  he  at  once  took  rank,  by  his  forensic  ability,  his  acuteness 
in  argument  and  repartee,  the  amplitude  of  his  learning  and  his  profound 
knowledge  of  the  principles  of  law  and  government,  while  in  energy, 
industry  and  eloquence  he  was  without  a  rival.  He  advocated  all  the 
radical  provisions  of  that  constitution,  both  in  the  convention  and  on 
the  stump,  and,  notwithstanding,  it  was  defeated  by  the  vote  of  the 
people,  and  brought  some  unpopularity  to  its  framers.  Mr.  Ryan  was 
universally  recognized  as  among  the  very  leading  men  of  the  state. 

His  prominence  was  such  that  in  1848  he  was  chosen  a  delegate  from 
Wisconsin  to  the  national  democratic  convention,  which  met  in  Balti- 
more in  May  of  that  year.  He  was  an  applicant  to  the  Polk  adminis- 
tration for  an  appointment  as  governor  of  one  of  the  new  territories, 
naming  Oregon  as  the  place  of  his  choice.  Being  unsuccessful  in 
securing  any  office,  he  afterward  in  the  same  year  removed  to  Milwau- 
kee, and  became  a  member  of  its  very  able  bar.  Among  the  practicing 
attorneys  of  the  city  at  that  time  were  Jonathan  E.  .\rnold,  H.  N.  Wells, 
John  H.  Tweedy,  A.  D.  Smith,  Hans  Crocker,  Francis  Randall,  Levi 
HubbclK  Emmons  &  Van  Dyke,  W.  W.  (iraham,  Jason  Downer,  H.  S. 
Orton,  James  B.  Cross,  A.  R.  R.  Butler,  and  others,  many  still  living 
and  some  deceased,  who  would  have  been  ornaments  to  their  profession 
in  any  city  of  the  Union. 

Mr.  Ryan  first  came  to  Milwaukee  in  the  winter  of  1847-8.  He 
rode  from  Racine  on  horseback,  on  one  of  the  coldest  days  in  that  sea- 
son, in  search  of  money  and  employment.  He  was  hired  by  Asahel 
Finch,  of  the  firm  of  Finch  &  Lynde  to  work  in  their  office  during  the 
absence  of  Mr.  Lynde,  then  a  member  of  congress.  He  remained  in 
the  employ  of  Finch  &  Lynde  about  a  year.  His  office  associates  at 
that  time,  besides  Mr.  Finch,  were  Gabe  Bouck,  John  C.  Starkweather 
and  E.  P.  Smith. 

.Mr.  Ryan  was  a  man  of  profound  religious  emotions.  He  always 
attended  church.  Mr.  Asahel  P^inch  learned  at  Chicago  from  some  of 
his  intimates,  that  he  was  designed  for  the  Catholic  priesthood  by  his 
parents,  when  they  planned  his  education.  He  worshiped  at  the  Epis- 
copal churches  while  living  in   Milwaukee.     He  was  for  some  years  a 


62  THE    BENCH    AND    BAR    OF    WISCONSIN. 

communicant  of  St.  John's  Church.  In  later  years  he  attended  Christ 
Church,  on  Fourth  street.  He  always  kneeled  as  he  entered  church, 
and  assumed  all  the  pious  forms  of  worship.  At  times,  he  read  the 
service  at  Christ  Church,  in  the  absence  of  the  rector.  When  the  Rev. 
E.  R.  Ward  took  charge  of  Christ  Church,  he  was  an  attendant  there, 
but  he  took  offense  at  some  event  which  occurred,  and  that  ended  his 
connection  with  Christ  Church. 

He  frequently  conversed  on  religious  subjects.  He  expressed  great 
admiration  of  the  apostle  Peter,  as  a  man  of  more  energy  and  higher 
character,  and  greater  brain  than  the  balance  of  the  apostolic  fraternity. 
He  once  took  a  part  in  one  of  the  excited  discussions  in  which  parson 
Richmond  was  conspicuous,  and  was  on  the  side  of  that  pugnacious 
clergyman.  "  I  never  so  much  esteem  my  Divine  Master,*'  he  said  in 
debate,  "  I  never  feel  such  a  nearness  to  the  Nazarene,  as  when  I  read 
that  in  his  exalted  and  righteous  anger  he  scourged  the  money-changers 
with  cords  and  drove  them  from  the  temple." 

He  was  once  arguing  a  case  in  the  old  supreme  court  room,  at  Mad- 
son,  a  trivial  case,  with  only  the  judges,  a  half  dozen  lawyers,  the  state 
librarian  and  a  few  loungers  about,  "audience  fit  though  few.'*  Some 
allusion  in  the  discussion  led  him  to  refer  to  the  Lord's  prayer,  and  he 
at  once  launched  into  a  most  beautiful,  eloquent  and  affecting  eulogy  of 
that  form  of  devotion,  the  divine  sweetness  of  which  he  described,  and 
in  radiant  terms  extolling  the  loveliness  of  its  Author.  Above  all,  he  eu- 
logized that  portion  of  the  prayer  which  asks  "  lead  us  not  into  tempta- 
tion," which  he  paraphrased  in  all  the  pathetic  forms  of  which  language 
was  capable,  and  which  he  said  was  commended  to  us  as  a  form  of  peti- 
tion by  one  who  knew  the  frailties  of  our  nature,  the  attractions  of  guilty 
delight  and  the  strength  of  the  impulses  that  lead  to  wrong.  The  few 
hearers  listened  spell  bound  to  his  matchless  eloquence  till  the  episode 
closed,  when  he  resumed  the  argument  of  some  stupid  points  in  the  dry 
case  before  him. 

John  W.  Cary  thus  rightly  portrays  the  traits  of  character  of  Judge 
Ryan :  It  is  becoming  that  court,  bar  and  suitors  should  pause  for  a 
moment  to  contemplate  the  character  of  the  great  lawyer  who  has  so 
often  appeared  at  our  bar,  and  by  his  great  learning,  matchless  power 
and  thrilling  eloquence,  held  all  entranced  by  the  strength  and  force  of 
his  arguments,  and  one,  who,  when  transferred  from  the  bar  to  the  highest 
judicial  position  of  the  state,  adorned  the  place,  not  only  with  the  most 


THE    BENCH    AND    BAR    OF    WISCONSIN.  63 

accurate  and  extensive  learning,  but  with  all  the  qualities  of  a  great, 
upright  and  honest  judge. 

Milwaukee  was  his  home,  and  in  it  transpired  the  principal  events  of 
his  professional  career  and  of  his  life.  We  were  proud  to  claim  him  as 
a  citizen,  but  his  reputation  is  the  property  of  the  whole  state. 

Possessed  of  a  brilliant  intellect,  and  a  cultivated  mind,  richly  stored 
with  the  learning  of  the  law,  well  versed  in  philosophy  and  science,  with 
an  intimate  acquaintance  with  the  ancient  and  modern  classics,  he  was 
well  fitted  by  nature  and  education  to  grapple  with  the  most  difficult 
problems  of  the  law,  and  successfully  meet  any  opponent  in  the  legal 
forum. 

Possessed  of  powers  and  learning  far  superior  to  most  of  his  breth- 
ren of  the  profession,  his  brilliant  and  powerful  efforts  were  often 
croi^Tied  with  great  success ;  yet  it  can  hardly  be  said  that  he  was  suc- 
cessful as  a  lawyer  in  general  practice.  He  was  at  no  time  possessed  of 
a  large  amount  of  general  business.  His  clients  were  not  numerous,  but 
strongly  attached  to  and  great  admirers  of  him  and  his  powers  and  ac- 
quirements. 

The  peculiarities  of  his  disposition  and  temper  doubtless  restrained 
many  from  seeking  his  counsel  who  would  otherwise  have  done  so.  It 
is  not  likely  that  he  desired  a  great  number  of  clients.  To  devote  his 
time  to  a  few  important  causes  and  questions,  was  much  more  to  his 
taste. 

His  peculiarities  of  temper  which  proved  so  serious  an  impediment 
to  his  business  success  as  a  lawyer,  while  at  the  bar,  would,  it  was  greatly 
feared  when  he  was  raised  to  the  bench,  impair  his  usefulness  as  a  judge. 
Advancing  age  had  no  doubt  somewhat  subdued  the  ardent  spirit  that 
in  early  life  brooked  no  control.  Whatever  doubts  of  this  kind  had 
been  entertained  were  soon  removed. 

As  a  judge  he  was  always  patient,  painstaking  and  industrious,  listen- 
ing attentively  to  counsel,  and  frequently  putting  to  them  questions, 
tending  to  elucidate  points  in  discussion,  and  by  his  friendly  and  quiet 
manner,  encouraging  the  younger  members  of  the  profession  to  present 
their  views  upon  all  points  suggested.  On  the  bench  no  ill  temper  was 
ever  manifested  by  him,  to  check  or  freeze  out  counsel,  from  fully  pre- 
senting their  points  and  arguing  their  cases. 

His  demeanor  toward,  and  treatment  of  the  bar,  was  always  dignified, 
and  becoming  the  exalted  station  he  occupied.     His  opinions  are  models 


64  THE    BENCH    AND    HAR    OF    WISCONSIN. 

of  fine  English,  beautifully  and  forcibly  expressed,  and  as  legal  docu- 
ments, may  be  profitably  studied  by  all  the  profession. 

The  life  of  the  late  chief  justice  was  mainly  devoted  to  his  profes- 
sion. He,  however,  always  took  a  lively  interest  in  political  questions, 
and  often  an  active  part  in  political  discussions.  He  firmly  believed  in 
the  doctrines  of  the  democratic  party,  and  in  his  connection  with  poli- 
tics, some  of  the  nobler  and  more  striking  elements  of  his  character 
were  exhibited,  and  when  occasion  required,  he  could  rise  far  above  all 
party  trammels,  and  soar  aloft  in  the  pure  atmosphere  of  statesmanship 
and  patriotism. 

A  most  remarkable  and  praiseworthy  example  of  this  characteristic 
was  exhibited  in  his  course  and  action,  in  the  celebrated  case  of  Bash- 
ford  against  Barstow,  in  1856.  He,  with  many  others  of  his  party,  were 
indignant  that  one  not  elected  should  be  installed  in  the  office  of  gov- 
ernor by  his  party  associates.  As  the  most  distinguished  counsel  and 
eloquent  advocate  of  the  party,  he  stepped  boldly  to  the  front,  denounced 
the  wrong  and  outrage  in  the  most  scathing  invective,  and  successfully 
conducted  the  legal  proceedings,  necessary  to  right  the  wrong  and  vin- 
dicate the  constitution,  and  the  rights  of  the  people  of  the  state. 

His  action  resulted  in  placing  a  political  opponent  in  the  chief  exec- 
utive chair  of  the  state.  But  it  was  a  triumph  of  truth  and  right  over 
an  attempted  fraud,  and  a  vindication  of  the  right  of  the  people  to  have 
their  voice  respected.  This  was  his  chief  reward.  He  was  at  all  times 
loyal  to  the  constitution  of  the  United  States.  When  the  people  of 
this  state  were  roused  to  the  highest  pitch  of  excitement  over  the  fugi- 
tive slave  law,  and  the  questions  growing  out  of  the  Glover  rescue,  and 
our  supreme  court  denied  the  constitutionality  of  that  law,  and  the  juris- 
diction and  authority  of  this  court,  and  refused  to  recognize  the  appel- 
late jurisdiction  of  the  supreme  court,  he  did  not  fail  to  denounce  in  the 
strongest  terms  the  heresy  that  had  seized  our  people  and  our  courts, 
and  in  bold  and  manly  argument  maintained  the  constitution  as  the 
supreme  law,  and  the  rights  and  authority  of  the  courts  established 
under  it. 

Again  in  1862,  when  all  had  changed,  and  war  was  upon  us,  military 
arrests  frequent,  and  the  writ  of  habeas  corpus,  if  not  suspended,  at  least 
disregarded,  Edward  G.  Ryan  presented  to  a  convention  of  his  party, 
assembled  in  this  city,  the  famous  Ryan  address,  which,  while  denounc- 
ing in  the  severest  terms  secession,  and  sustaining  the  war  for  the  sup- 


• 


THE    BENCH    AND    BAR    OF    WISCONSIN.  i>5 

pression  of  the  rebellion,  attacked  in  the  most  scathing  manner  the 
arbitrary  acts  of  the  administration,  in  violation  of  the  rights  of  the  citi- 
zen and  of  the  constitution. 

Public  opinion  was  loud  in  its  denunciation  of  the  propriety  and 
policy  of  his  course  at  that  time,  although  no  one  attempted  to  contro- 
vert the  truth  of  his  positions. 

In  these,  as  in  all  other  of  the  great  events  of  his  life,  he  was  content 
to  abide  the  judgment  of  history.  To  the  last  he  stood  nrmly  by  his 
convictions,  and,  as  expressive  of  his  feelings,  could  truly  say  with  the 
poet,  "  What  is  writ  is  writ."  His  life's  work  is  now  done.  The  learned 
lawyer,  the  eloquent  advocate  and  great  chief  justice,  united  in  his 
person,  sleep  quietly  in  yonder  beautiful  cemetery,  and  we  trust  will 
awake  to  a  brighter  and  happier  life  in  the  world  to  come. 

Orsamus  0»i,e,  Madison,  comes  of  revolutionary  stock,  both  of  his 
grandfathers  having  served  in  the  patriot  army  when  the  colonies  re- 
volted against  British  rule.  He  was  born  at  Cazenovia,  Madison  county, 
New  York,  on  the  23d  of  August  1819.  His  father  was  Hymeneus 
Cole,  and  his  mother's  maiden  name  was  Sarah  Salisbury.  Orsamus 
completed  his  literary  education  at  Union  College,  Schenectady,  gradu- 
ating with  the  class  of  1843.  Having  prepared  himself  for  the  practice 
of  the  law  he  moved  to  Chicago,  but  after  a  few  months  in  that  then 
unpromising  field  he  proceeded  to  Potosi,  in  (irani  county,  the  thriving 
center  of  an  extensive  lead-mining  district.  There,  in  the  year  li^^s*  ^^ 
established  himself  in  the  practice  of  law  in  partnership  with  William  R. 
Biddlecome.  Two  years  later  he  was  elected  a  member  of  the  second 
constitutional  convention  of  Wisconsin,  which  body  he  entered  as  a 
young  and  comparatively  unknown  man,  but  speedily  assumed  a  lead- 
ing position  in  its  debates  and  deliberations.  When  the  convention 
had  closed  its  labors  the  esteem  and  respect  in  which  he  was  held  wa^ 
not  bounded  by  party  lines,  and  it  required  no  special  gift  to  foresee 
the  brilliant  career  he  would  achieve  in  the  history  of  Wisconsin. 

In  1848  Mr.  Cole  was  made  the  candidate  of  the  whig  party  for  rep- 
resentative in  congress  from  the  second  district,  comprising  the  whole  of 
the  western  portion  of  the  state,  and  perhaps  the  largest  district  in  area 
in  the  Union.  The  democratic  candidate  was  A.  Hyatt  Smith,  and  the 
frec-soilers  supported  George  W.  Oabbe.     The  result  was  the  election 

of  Mr.  Cole,  who  became  a  member  of  the  thirty-first  congress  coinci- 

5 


M  THE    BENC  H    AND    BAR    OF    WISCONSIN. 

dently  with  the  inauguration  of  Zachary  Taylor  as  President  of  the 
United  States.  His  service  in  the  national  legislature  was  such  as 
he  can  look  back  upon  with  eminent  satisfaction.  He  was  a  whig  ot 
the  whigs,  and  had  never  allied  himself- with  the  distinctively  anti- 
slavery  party,  which,  as  we  have  seen,  had  opposed  his  election. 
Many  whigs,  under  the  magnetic  influence  of  Henry  Clay,  the  revered 
leader  of  the  party,  supported  measures  of  compromise  on  this  issue ; 
but  Mr.  Cole  was  not  a  man  to  yield  to  any  influence  that  would 
move  him  to  compromise  with  wrong.  It  involves  no  partisanship  to 
say  at  this  day  that  his  recorded  vote  against  the  fugitive  slave  law 
stands  to  his  enduring  honor. 

At  the  close  of  a  single  term  in  congress  Mr.  Cole  resumed  the  prac- 
tice of  the  law  at  Potosi.  In  1853  the  whig  party,  already  moribund, 
held  a  state  convention,  and  nominated  the  late  Henry  S.  Baird  for 
governor,  and  Mr.  Cole  for  attorney-general.  Subsequently  all  the  can- 
didates excepting  Mr.  Baird  withdrew  their  names  to  enable  the  disaf- 
fected elements  and  others  to  combine  and  nominate  a  new  ticket  which 
would  better  unite  the  opposition  to  the  democratic  Barstow  ticket. 
With  E.  D.  Holton  for  governor,  Mr.  Cole  was  put  on  the  new  ticket 
for  attorney-general,  although  he  did  not  attend  either  convention,  nor 
did  he  desire  the  nomination.  This  new  movement  eventuated  in  the 
formation  of  the  republican  party  the  succeeding  year.  The  entire 
ticket  suffered  defeat. 

When  the  supreme  court  was  first  organized  to  consist  of  a  chief 
justice  and  two  associate  justices,  those  positions  were  filled  by  the  elec- 
tion of  E.  V.  Whiton,  A.  D.  Smith  and  Samuel  Crawford.  Judge  Craw- 
ford drew  the  short  term,  which  expired  in  1855.  In  the  spring  of  that 
year  he  was  nominated  by  the  democrats  for  reelection,  and  Mr.  Cole 
was  made  the  candidate  of  the  young  republican  party.  The  result  was 
the  election  of  the  latter.  He  has  been  a  member  of  that  tribunal  ever 
since,  having  been  four  times  reelected  associate  justice,  the  last  time, 
in  1879,  by  33,000  majority. 

In  November,  1880,  the  position  of  chief  justice  was  vacated  by  the 
death  of  E.  G.  Ryan.  Judge  Cole  had  served  under  E.  V.  Whiton, 
Luther  S.  Dixon  and  the  deceased,  and  had  been  senior  associate  jus- 
tice for  over  twenty  years.  There  was  a  very  general  sentiment  that  he 
should  be  placed  at  the  head  of  the  court,  and  Governor  Smith  gave 
effect  to  this  feeling  by  appointing  him  chief  justice.     At  the  election  in 


1  Ht    BENCH    AND    HAR    OF    WISCONSIN.  ('>7 

April,  1881,  this  choice  was  enthusiastically  ratified  by  the  people.  It 
should  be  added  that  so  far  from  seeking  the  promotion  Judge  Cole  was 
with  difficulty  induced  to  accept  it. 

Judge  Cole*s  leading  characteristics  are  a  temper  of  singular  equa- 
bility, a  strong  and  well-balanced  mind,  and  a  conscientiousness  extend- 
ing to  every  detail  of  duty.  Add  to  these  exhaustive  learning  and  an 
almost  instinctive  apprehension  of  the  principles  of  law  and  equity,  and 
it  is  not  clear  what  is  wanting  for  the  eijuipment  of  a  perfect  judge.  A 
man  of  unaffected  diffidence  and  the  reverse  of  combative,  he  has  yet, 
in  a  remarkable  degree,  the  courage  of  his  convictions.  Early  in  his 
career  upon  the  bench  there  came  before  the  supreme  court  a  question 
in  which  his  views  separated  him  from  a  large  wing  of  his  own  party 
and  antagonized  a  heated  popular  sentiment,  but  he  asserted  them  with- 
out hesitation  or  equivocation,  .^t  the  election  that  soon  followed  he 
was  opposed  in  conse<|uence  by  an  independent  republican  candidate 
in  the  person  of  James  H.  Knowlton,  and  it  is  probable  that  his  election 
was  due  to  democratic  support,  but  it  need  not  be  pointed  out  how 
complete  is  his  vindication  in  the  present  attitude  of  the  party  that  he 
then  offended. 

ASSOCIATE    JUSTICES. 

Lkvi  HuhpklIm  Milwaukee,  the  youngest  son  of  Abijah  Hubbell, 
was  born  at  Ballston,  New  York,  on  the  15th  of  April  iSoS.  The 
young  man  commenced  his  education  in  his  native  town,  and  afterward 
attended  school  at  an  academy  in  Canandaigua,  New  York.  .Subse- 
«|uently  he  was  sent  as  a  student  to  I'nion  College,  and  in  the  year  1827 
was  graduated  from  that  institution.  He  chose  the  profession  of  the 
law,  in  due  course  of  time  was  admitted  to  the  bar,  and  practiced  sev- 
eral years  with  his  brother  Walter  at  Canandaigua,  New  York.  He  was 
for  a  time  editor  of  the  Ontario  Messenger.  In  January,  1S33,  he 
mas  appointed  by  (lovernor  Marcy  to  the  office  of  adjutant-general  of 
.Sem*  York,  and  held  the  position  until  November  1836.  In  the  same 
year  he  located  at  Ithaca,  New  York,  and  was  elected  a  democratic 
njember  of  the  state  assembly  from  Tompkins  county. 

He  came  to  .Milwaukee,  Wisconsin,  in  June  1844,  and*  from  that 
lime  onward  was  a  resident  of  that  city.  He  then  resumed  the  practi<  e 
of  law.  and  formed  a  partnership  with  Asahel  Finch  and  William  Pitt 
Lynde.  Four  years  afterward  he  was  a|)pointed  a  delegate  tn  the  na- 
ti(mal  democratic  convention  at   Baltimore,  in  1H48,  whore  he  ijave  his 


68  THE    BENCH    AND    BAR    OF    WISCONSIN. 

support  to  General  Cass.  In  July  of  the  same  year  he  was  elected  one 
of  the  judges  of  the  supreme  and  circuit  courts  of  the  state,  which  were 
then  one  and  the  same,  his  circuit  embracing  the  counties  of  Milwau- 
kee, Waukesha,  Jefferson  and  Dane.  His  term  of  office  expired  in  185 1, 
at  which  time  he  was  reelected  for  the  term  of  six  years.  He  continued 
to  act  in  the  capacity  of  judge  until  1856,  when,  a  separate  supreme 
court  being  established,  he  resigned  his  position  on  account  of  the  in- 
adequacy of  the  salary,  which  was  only  fifteen  hundred  dollars,  and  once 
more  resumed  his  practice  of  law  at  Milwaukee.  In  the  year  1863  he 
represented  Milwaukee  county  in  the  state  legislature.  In  1870  Presi- 
dent Grant  appointed  him  United  States  district  attorney  for  the  eastern 
district  of  Wisconsin,  which  office  he  retained  until  1875. 

His  career  as  a  circuit  judge  was  marked  by  an  instance  curious  as 
a  matter  of  history.  In  the  year  1853  an  attempt  was  made  to  convict 
him  by  impeachment  in  the  legislative  bodies  for  misdemeanors  in  his 
office.  It  is  unnecessary  to  say  that  the  trial  ended  in  his  entire  acquit- 
tal of  the  charges  by  the  senate,  before  which  he  was  arraigned. 

Judge  Hubbell  died  in  Milwaukee. 

Charles  H.  La  rr  a  bee,  Oregon,  was  born  at  Rome,  Oneida  county, 
New  York,  on  the  9th  of  November,  1820.  Having  received  an 
academic  education,  he  moved  to  Chicago,  and  was  city  attorney  of 
that  city  in  1846. 

On  the  loth  of  March,  1847,  he  settled  in  Dodge  county,  Wisconsin, 
and  in  the  fall  of  the  same  year  was  elected  a  member  of  the  second 
constitutional  convention.  He  performed  a  prominent  part  in  the  labors 
and  debates  of  that  body,  and  the  present  constitution  of  the  state  is  in 
some  of  its  most  important  provisions  the  work  of  his  hand.  Thirty 
years  later  we  find  him  appearing  again  in  the  role  of  a  state-maker,  as 
member  of  the  convention  convened  in  1878,  to  frame  a  constitution 
for  what  is  now  the  territory  of  Washington,  in  anticipation  of  its  admis- 
sion into  the  Union. 

Upon  the  organization  of  the  judiciary  for  the  new  State  of  Wiscon- 
sin in  184^,  Mr.  Larrabee  was  elected  judge  of  the  third  circuit,  and 
acted  in  that  capacity  for  ten  years.  He  was  elected  by  the  democrats 
as  representative  in  the  thirty-sixth  congress,  and  was  a  candidate  for 
reelection,  but  was  defeated  by  A.  Scott  Sloan.  Upon  the  break- 
ing out  of  the  war  Judge  Larrabee  promptly  enlisted  as  a  private  in  the 


THE    MENCH    ANO    BAR    OF    WISCONSIN.  01> 

First  Wisconsin  regiment.  He  was  subsequently  commissioned  major 
of  the  Fifth,  and  served  with  distinction  in  McClellan's  campaign  on 
the  peninsula.  In  August,  1862,  he  was  appointed  colonel  of  the 
Twenty-fourth  Wisconsin,  which  regiment  he  organized  and  commanded 
during  its  brilliant  campaign  with  Rosecranz  in  Tennessee. 

The  western  impulse  seems  to  have  been  the  governing  motive  of 
Col.  Larrabee's  character.  Nothing  but  the  Pacific  ocean  could  stop 
him,  and  soon  after  the  close  of  the  war  he  removed  to  the  far  west, 
which  he  still  makes  his  home  and  practices  his  profession.  Judge  Lar- 
rabee  thus  writes  of  his  career : 

"  My  father  was  Major  Charles  Larrabee,  of  the  United  States  infantry, 
and  was  at  the  time  of  my  birth  under  orders  to  Fort  Howard,  Green 
Bay.  Mother  and  I  had  to  be  left  behind,  and  did  not  join  father  till 
1825,  when  he  was  ordered  to  Chillicothe,  Ohio.  I  had  only  academic 
education  at  Granville  and  at  Springfield,  Ohio.  At  the  former  was 
schoolmate  of  Lyman  C.  Draper.  The  best  work  I  ever  did  for  Wis- 
consin was  to  induce  Draper  to  remove  from  Baltimore  to  Wisconsin.  I 
procured  the  first  appropriation  for  a  small  salary  for  Draper  as  secretary 
of  the  Historical  Society,  and  took  an  active  part  in  its  reorganization  with 
Wm.  R.  Smith,  Moses  Strong,  and  Whiton.  Whiton  and  I  were  judges 
of  the  supreme  court  then.  I  first  brought  Draper  to  the  attention  of 
F"arwell,  governor  then,  who  aided  me  substantially  and  cordially.  I 
read  law  with  General  Samson  Mason  at  Springfield,  Ohio,  and  was 
admitted  to  the  bar  in  September  1841.  To  become  a  candidate  for 
congress  I  resigned  my  seat  on  the  bench  at  the  urgent  solicitation  of 
Mr.  Douglass,  who  wanted  to  show  his  anti-Lecomptian  strength  in  the 
northwest,  in  view  of  the  Charleston  convention  of  i860.  I  overcame 
2500  republican  majority  in  the  district,  and  was  elected  by  1200  ma- 
jority, but  was  swept  under  with  Douglass  in  i860.  I  left  the  army 
broken  down  in  health,  and  took  a  sea  voyage  as  a  last  resort ;  came  to 
the  Pacific  Coast,  recovered  health,  and  have  never  regretted  the 
change  for  a  moment.  When  I  left  the  bench,  my  bar,  in  their  reso- 
lutions, said,  I  had  been  an  industrious,  capable  and  honest  judge.  I 
knew  I  had  been  industrious  and  honest,  but  doubted  the  other.  The 
I,ord  has  denied  me  any  love  of  money  whatever,  so  I  am  what  they 
call  a  poor  man.  Being  born  in  the  army,  I  never  had  a  partic  Ic  of 
state  pride.  All  the  states  seem  to  me  like  so  many  counties.  Neither 
have  I  love  of  locality.     Cities  I   hate.     I  am  happiest  in  building  u{) 


70  THE    BENCH    AND    BAR    OF    WISCONSIN. 

new  homes,  introducing  new  fruits,  plants,  and  other  light  productions 
of  the.  soil. 

VViRAM  Knowlton,  Prairie  du  Chien,  was  born  in  Chenango  county, 
New  York,  January  24,  1816.  He  was  brother  of  James  H.  Knowlton, 
who  was  one  of  Wisconsin's  eminent  lawyers.  In  May,  1837,  he  came 
with  his  father's  family  to  Wisconsin,  locating  at  Janesville.  Commenc- 
ing the  study  of  law  he  subsequently  completed  it  with  Parley  Eaton  at 
Mineral  Point,  was  admitted  to  the  bar,  entered  upon  practice  at  Platte- 
ville,  and  afterward  removed  to  Prairie  du  Chien.  Here  he  raised  a 
company  of  volunteers,  was  appointed  its  captain,  and  mustered  into  the 
United  States  service  to  serve  in  the  war  with  Mexico.  The  company 
was  put  on  duty  at  Fort  Winnebago,  the  regular  troops  stationed  there 
being  detailed  for  service  in  the  field. 

July  I,  1850,  he  was  elected  circuit  judge  of  the  sixth  district,  then 
just  formed,  and  was  sworn  in  in  August  of  the  same  year,  and  held  the 
office  the  full  term  of  six  years,  three  of  which  he  acted  as  a  judge  of 
the  supreme  court,  the  circuit  judges*  office  acting  as  such  until  the  year 
1853,  when  a  "separate  supreme  court"  was  organized,  and  separate 
judges  elected.  He  died  in  June  1863,  when  only  forty-seven  years  of 
age. 

Samuel  Crawford,  Mineral  Point,  was  born  in  Baltibay,  Monahan 
county,  Ireland,  April  11,  1820;  received  an  excellent  academic  educa- 
tion ;  came  to  this  country  and  commenced  the  study  of  law,  pursuing 
it  one  year  at  Warwick,  Orange  county.  New  York,  and  coming  west  in 
1 84 1  completed  his  course  with  J.  M.  Douglass,  a  distinguished. lawyer, 
at  Galena,  Illinois;  was  admitted  to  the  bar  in  1844;  began  practice  at 
New  Diggings,  Wisconsin ;  removed  to  Mineral  Point  in  December  of 
the  same  year,  and  formed  a  partnership  with  F.  J.  Dunn,  and  the  firm 
of  Dunn  &  Crawford  acquired  a  large  practice  in  that  portion  of  the 
state.  At  the  reorganization  of  the  supreme  court  of  the  state,  in  1852, 
he  was  elected  one  of  the  associate  justices,  took  his  seat  in  June  1853, 
and  on  the  expiration  of  his  **  short  term,"  in  1855,  Orsamus  Cole  was 
elected  to  his  place.  Returning  to  Mineral  Point  he  again  entered  into 
practice  alone.  In  1856  he  was  the  candidate  for  member  of  congress 
of  the  democratic  party  against  C.  C.  Washburn,  who  was  elected. 
Judge  Crawford  removed  to  Madison  to  practice  his  profession  in  1858; 


THE    BENCH    AND    BAR    OF    WISCONSIN.  71 

was  the  unsuccessful  democratic  candidate  for  attorney-general  in  1859 ; 
returned  to  Mineral  Point,  where  he  resumed  his  residence  and  practice, 
and  died  there  February  iSj  1861,  while  yet  in  the  vigor  of  life  and  use- 
fulness. 

Abram  D.  Smith,  Milwaukee,  came  from  the  state  of  New  York  to 
the  territory  of  Wi^onsin  in  1842.  He  practiced  law  in  Milwaukee 
from  that  time  until  the  establishment  of  the  supreme  court  under  the 
constitution,  when  he  was  elected  one  of  the  associate  justices  in  Sep- 
tember 1852.  After  the  expiration  of  his  term  of  six  years  he  resumed 
for  several  years  the  practice  of  his  profession  in  Milwaukee.  Soon 
after  the  breaking  out  of  the  late  civil  war  he  accepted  from  the  gov- 
ernment an  official  appointment  in  South  Carolina.  Residence  in  that 
climate  and  severe  labors  in  the  performance  of  his  official  duties  so 
impaired  his  health  that  he  returned  north,  and  on  his  arrival  at  New 
York  he  died  June  3,  1865.  He  was  subsequently  buried  in  Milwaukee 
under  the  auspices  of  the  Freemasons  and  the  Milwaukee  Bar  Associa- 
tion. 

Of  him  Judge  H.  S.  Orton  says :  Judge  Smith  was  a  lawyer  of  abil- 
ity, learning  and  eloquence  ;  always  kind,  courteous  and  obliging.  As 
a  judge  he  was  urbane,  dignified  and  attentive,  and  appreciated  the 
place  he  so  nobly  filled  on  the  bench.  He  was  always  a  generous, 
genial  and  hospitable  gentleman. 

Byron  Paine,  Madison,  was  born  in  Painesville,  Ohio,  October  10, 
1827.  In  the  autumn  of  1847  he  removed  to  Milwaukee  with  his  father, 
James  H.  Paine,  with  whom  he  studied  law  in  that  city.  He  was  ad- 
mitted to  the  bar  in  1849 ;  was  clerk  of  the  senate  of  Wisconsin  in  1856  ; 
was  appointed  by  the  governor  county  judge  of  Milwaukee  county  in 
1856;  was  elected  to  the  same  in  1857,  and  held  that  office  until  the  ist 
of  June  1859,  when  he  took  his  seat  as  one  of  the  associate  justices  of 
the  supreme  court  of  this  state,  to  which  position  he  had  been  chosen  at 
the  previous  spring  election,  for  the  full  term  of  six  years,  to  fill  the 
vacancy  created  by  the  expiration  of  the  term  of  A.  D.  Smith.  On  the 
loth  of  August  1864,  for  the  purpose  of  entering  the  military  service  of 
the  United  States,  he  tendered  his  resignation  of  his  judicial  office,  to 
take  effect  on  the  15th  of  November  following.  He  was  appointed 
lieutenant-colonel  of  the  43d  regiment  of  Wisconsin  volunteer  infantry. 


72  THE    BENCH    AND    BAR    OF    WISCONSIN. 

and  continued  in  the  service  until  May  1865.  He  then  resumed  the 
practice  of  the  law  in  Milwaukee,  but  on  the  loth  of  September,  1867,  he 
returned  to  his  former  seat  on  the  supreme  bench,  having  been  ap- 
pointed by  the  governor  upon  the  resignation  of  Justice  Downer.  At 
the  following  spring  election,  in  1868,  he  was  elected  for  the  residue  ot 
the  term,  which  would  expire  on  the  ist  of  June  1871.  He  appeared 
in  the  consultation-room  for  the  last  time  on  the  22d  of  November 
1870,  from  which  time  he  was  confined  to  his  home  in  Madison  by  a 
severe  attack  of  erysipelas,  until  his  death  on  January  13,  187 1.  He 
left  a  wife  and  four  sons,  who  continue  to  reside  in  Madison.  Spending 
his  business  life  mainly  in  the  public  service  on  a  meager  salary,  Judge 
Paine  had  few  opportunities  or  inclination  to  accumulate  much  properly. 

It  was  no  small  compliment  to  Judge  Paine  that  he  was  elected  to 
the  position  of  county  judge  for  Milwaukee  county  by  a  constituency 
two  thirds  of  whom  were  his  political  opponents,  and  as  a  judge  he  was 
universally  popular  with  all  who  had  business  with  his  court. 

The  portrait  of  Judge  Paine  adorns  the  supreme  court  room  at 
Madison. 

Jason  Downer,  Milwaukee,  was  born  in  Sharon,  Vermont,  Sep- 
tember 9,  181 3.  His  father  was  Solomon  Downer,  a  descendant  of 
the  family  of  that  name  who  emigrated  to  this  country  from  Salisbury, 
England,  and  settled  at  or  near  Hartford,  Connecticut.  His  mother's 
maiden  name  was  Martha  Huntington.  His  father  was  a  farmer.  Jason 
Downer  worked  with  his  father  till  nineteen  years  of  age,  when  he 
entered  Kimball  Union  Academy  at  Plainfield,  New  Hampshire.  In 
1834  he  entered  Dartmouth  College,  and  was  graduated  from  that  col- 
lege in  1838.  Soon  after  he  went  to  Louisville,  Kentucky,  where  he 
read  law,  was  admitted  to  the  bar,  and  began  the  practice  of  law. 

In  November,  1842,  he  came  to  Milwaukee,  Wisconsin,  and  began 
the  practice  of  his  profession,  where  he  has  ever  since  remained. 

In  November,  1864,  he  was  appointed  by  the  Governor  of  Wisconsin 
associate  justice  of  the  supreme  court,  and  in  April  following  was  elected 
to  that  office  for  the  term  of  six  years;  but  in  September,  1867,  he 
resigned  and  returned  to  the  practice  of  the  law. 

While  he  was  upon  the  bench  several  questions  were  brought  before 
that  tribunal  arising  out  of  the  state  constitution  and  laws  passed  during 
our  civil  war.     One  of  these  questions,  which  were  at  the  time  of  large 


THE    BENCH    AND    BAR    OF    WISCONSIN.  73 

public  interest,  and  in  which  Mr.  Justice  Downer  delivered  the  opinion 
of  the  court,  was  involved  in  the  case  of  Gillespie  against  Palmer  and 
others,  in  which  it  was  decided  that  the  act  of  March  22,  1849,  submit- 
ting to  a  vote  of  the  people  the  (juestion  of  extending  the  right  of  suf- 
frage to  colored  persons  became  a  law  when  approved  by  a  majority  of 
the  votes  cast  upon  that  subject  at  the  general  election  next  after  the 
passage  of  the  act,  instead  of  a  majority  of  all  the  votes  cast  at  that 
election,  as  had  been  contended. 

Another  such  question  was  involved  in  the  case  Druecker  against 
Salomon.  This  was  a  suit  against  Governor  Salomon  for  damages  in 
having  arrested  the  plaintiff,  and  held  him  in  custody  for  resisting  the 
draft  and  engaging  in  insurrection  in  Ozaukee  county.  The  court,  in  its 
opinion  delivered  by  Judge  Downer,  held  that  the  rules  and  regulations 
under  which  the  draft  was  held  were  valid,  that  persons  who  conspired 
to  resist  the  draft  were  guilty  of  levying  war  against  the  United  Stales, 
and  that  the  governor,  not  having  exceeded  the  discretionary  power 
conferred  upon  him  in  arresting  plaintiff,  was  not  therefore  liable  in  an 
action  for  damages. 

Judge  Downer  was  the  first  editor  of  the  Milwaukee  Daily  Senti- 
nel, the  first  daily  paper  published  in  Milwaukee.  He  commenced  in 
that  capacity  March  1,  1845,  and  closed  his  connection  with  the  paper 
September  19  of  the  same  year,  having  sold  his  interest  in  the  establish- 
ment to  John  S.  Fillmore  for  Rufus  King,  who  then  became  the  editor. 

In  years  past  he  has  taken  great  interest  in  promoting  the  welfare  of 
the  Wisconsin  Female  College,  Fox  Lake,  acting  as  trustee  of  the  insti- 
tution and  contributing  largely  to  its  maintenance  and  to  the  erection  of 
additional  buildings.  To  Judge  Downer  is  due  to  some  extent  the  con- 
tinued existence  of  this  excellent  seminarv. 

William  Penn  Lyon,  Madison,  was  born  October  28,  1822,  at 
Chatham.  Columbia  county.  New  York.  His  jiarents  were  members  of 
the  religious  Society  of  Friends,  commonly  called  Quakers,  and  he  was 
brought  up  in  that  faith  and  still  clings  to  its  cardinal  doctrines.  He 
attended  an  ordinary  country  district  school  until  eleven  years  of  age, 
when  he  was  taken  from  school  and  placed  as  a  clerk  in  a  small  store  kept 
by  his  father  in  his  native  town.  After  this  he  attended  select  schools 
at  intervals,  a  few  terms,  amounting  in  all  to  about  one  year.  These 
were  the  only  school  advantages  he  ever  enjoyed.     Hut  with  these,  and 


74  THF.    BKNCH    AND    BAR    OF    W  ISl.uNSIN. 

a  reasonable  use  of  his  leisure  time,  he  ac< quired,  for  those  days,  a  fair 
English  education,  including  a  limited  knowledge  of  algebra,  geometry, 
Latin  and  natural  philosophy. 

At  the  age  of  fifteen  years  he  taught  a  district  school  with  indifferent 
success  in  his  own  estimation.  He  freely  admits  that  school  teaching 
was  not  his  forte.  From  fifteen  to  eighteen  years  of  age  he  was  mainly 
employed  as  a  clerk  in  a  grocery  store  in  the  city  of  Albany.  During 
that  time  he  spent  most  of  his  leisure  hours  in  attendance  upon  the 
courts  and  the  legislature  —  his  tastes  leading  him  strongly  in  those  di- 
rections—  and  eagerly  listened  to  arguments  and  speeches  made  by  such 
men  as  Erastus  Root,  Samuel  Young,  Judge  Peckham,  Judge  Harris, 
Ambrose  L.  Jordan,  and  numerous  others  whose  names  have  since 
become  famous.  He  was  always  greatly  impressed  with  the  candor, 
dignity  and  impartiality  of  Luther  Bradish,  then  the  lieutenant  governor 
of  the  state  and  president  of  the  senate. 

In  184 r,  when  in  his  nineteenth  year,  he  emigrated  with  his  father 
and  family  to  Wisconsin  and  settled  in  what  is  now  the  town  of 
Lyons,  Walworth  county,  where  he  resided  until  1850.  With  the 
exception  of  two  terms  of  school  teaching  he  worked  on  a  farm 
until  the  spring  of  1844,  when  he  entered  the  office  of  the  late  Judge 
(jeorge  Gale,  then  a  practicing  lawyer  at  Elkhorn,  as  a  law  student. 
But  before  this  he  had  read  Blackstone's  and  Kent's  commentaries  quite 
thoroughly.  He  remained  a  few  months  with  Judge  Gale,  but  return- 
ing home  to  work  through  harvest.  He  was  soon  after  attacked  with 
acute  inflammation  of  the  eyes,  and  was  thereby  incapacitated  to  read  or 
teach  for  nearly  a  year.  That  year  he  worked  on  the  mill  at  Lyons, 
then  in  process  of  erection,  and  in  the  races  leading  to  and  from  the 
same,  at  twelve  dollars  per  month,  earning  one  hundred  dollars.  In 
the  fall  of  1845  he  entered  the  law  office  of  the  late  Judge  Charles  M. 
Baker,  at  (leneva.  as  a  student,  and  remained  there  until  the  spring  of 
1846,  when  he  was  admitted  by  the  district  court  of  Walworth  county 
as  an  attorney.  Having  been  chosen  one  of  the  justices  of  the  peace 
of  the  town  of  Hudson,  now  Lyons,  he  at  once  opened  an  office  at  the 
village  of  Lyons  and  commenced  the  practice  of  the  law,  but  in  a  very 
small  way.  His  receipts  for  professional  and  official  business  the  first 
year  were  sixty  dollars;  the  second,  one  hundred  and  eighty  dollars; 
the  third,  four  hundred  dollars,  and  the  fourth,  five  hundred  dollars. 
His  income  had  increased  so  largely  that  during  the  second  year,  which 


76  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Before  General  Lyon  had  been  mustered  out  of  the  military  service 
he  was  chosen  judge  of  the  first  judicial  circuit,  comprising  the  coun- 
ties of  Racine,  Kenosha,  Walworth,  Rock  and  Green.  He  entered 
upon  the  duties  of  that  position  on  December  i,  1865,  and  served  for 
five  years  with  a  degree  of  ability  that  won  unqualified  commendation 
from  all.  In  1870  he  was  made  the  republican  candidate  for  congress 
in  the  fourth  district  of  Wisconsin,  but  was  defeated  at  the  polls  by 
Alexander  Mitchell. 

The  death  of  Byron  Paine  having  created  a  vacancy  on  the  bench 
of  the  supreme  court  of  Wisconsin  in  January  1871,  Judge  Lyon  was 
appointed,  by  Governor  Fairchild,  associate  justice.  In  the  April  fol- 
lowing he  was  elected  for  the  unexpired  term  and  for  the  full  term 
succeeding.  In  1877  he  was  reelected  without  opposition  for  a  term 
which  expires  in  1884. 

The  people  of  Wisconsin  have  been  almost  uniformly  happy  in  the 
constitution  of  their  highest  judicial  tribunal.  And  there  have  been 
none  more  deserving  of  confidence  than  he  who  now  sits  as  senior 
associate  justice.  His  knowledge  of  law  is  thorough,  and  his  instinct  of 
equity  perfect,  his  mind  has  an  equipoise  that  the  scales  of  the  blind- 
folded goddess  cannot  surpass,  and  his  integrity  is  such  as  to  class  him 
with  those  into  whose  presence  corruptionists  dare  not  venture. 

His  wife  is  Adelia  C,  daughter  of  the  late  Dr.  E.  E.  Duncomb, 
of  St.  Thomas,  Ontario,  Canada.  They  have  two  surviving  children : 
Clara,  born  in  1857,  and  William  Penn,  Jr.,  born  in  1861. 

Harlow  S.  Orton,  Madison,  is  a  native  of  the  State  of  New  York, 
where  he  was  born  in  the  year  181 7.  He  was  educated  at  Hamilton 
Academy  and  Madison  University  in  that  state,  subsequently  teaching 
school  and  devoting  himself  during  such  time  as  he  could  spare  for  the 
purpose,  to  the  study  of  the  law. 

About  1837  he  removed  to  La  Porte,  Indiana,  and  a  year  later  was 
admitted  to  the  bar.  In  1843,  at  the  age  of  twnty-six,  he  was  chosen 
probate  judge.  In  1847  he  removed  to  Wisconsin,  and  practiced  law 
at  Milwaukee  for  four  years. 

Upon  the  accession  of  Leonard  J.  Farwell  to  the  office  of  Governor 
of  Wisconsin,  in  January  1852,  Mr.  Orton  was  appointed  his  private  sec- 
retary, and  thereupon  took  up  his  residence  at  Madison.  In  1854,  and 
again  in  1859  and  187 1,  he  served  as  a  member  of  the  Wisconsin  assem- 


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THE    BKNCH    AND    BAR    OF    WISCONSIN.  85 

State  of  Wisconsin,  and  judge  of  the  United  States  district  court  for 
the  eastern  district  of  Wisconsin.  During  the  late  war  of  the  rebellion 
he  served  as  colonel  in  the  thirty-second  regiment  of  the  Wisconsin 
volunteer  infantry. 

Charles  E.  Dyer,  Racine,  was  born  in  Cicero,  Onondaga  county. 
New  York,  October  5,  1834,  and  is  the  son  of  Dr.  Edward  G.  and  Ann 
Eliza  Morse  Dyer.  His  father,  in  1839,  removed  from  the  State  of 
Ohio  to  Burlington,  in  this  state,  where  he  yet  resides,  having  several 
years  ago  retired  from  the  active  practice  of  his  profession,  which  was 
that  of  a  physician.     Mrs.  Dyer,  the  wife  of  Dr.  Dyer,  died  in  1880. 

Judge  Dyer  was  educated  in  a  country  school,  and  by  himself,  with 
the  aid  of  such  private  instruction  as  he  from  time  to  lime  obtained. 
He  studied  the  common  branches;  received  also  some  instruction  in 
the  higher  mathematics  and  in  the  languages,  and  was  always  a  diligent 
student  and  reader  of  history  and  general  literature.  He  left  his  home 
in  1850  at  the  age  of  sixteen  years,  and  went  to  Chicago  to  learn  the 
trade  of  a  printer,  engaging  as  an  apprentice  in  the  office  of  the  "  Western 
Citizen,"  an  anti-slavery  paper  then  published  by  Z.  Eastman.  He  con- 
tinued in  this  employment  about  a  year,  but  not  developing  a  fondness 
for  the  business  he  abandoned  it.  Meantime  he  had  commenced  the 
study  of  short-hand  writing,  which  he  afterward  pursued,  and  became 
proficient  in  reporting. 

In  185 1  he  removed  to  Sandusky,  Ohio,  where  he  entered  the  office 
of  Rice  Harper,  who  was  clerk  of  the  court  of  common  pleas  of  Erie 
county,  and  a  family  friend,  whose  kindness  and  assistance  will  never  be 
forgotten.  Here  he  pursued  with  assiduity  a  course  of  reading  and 
study,  taking  private  instruction  in  the  classics  and  the  higher  mathe- 
matics during  spare  hours. 

He  had  a  strong  taste  for  historical  reading,  and  is  perhaps  as  familiar 
as  any  other  man  of  his  years  with  the  historical  events  of  nations  and 
states  and  with  their  causes  and  effects,  and  the  lives  and  actions  of 
distinguished  men.  He  also  took  a  deep  interest  in  the  political  events 
then  transpiring,  and  stored  his  mind  with  facts  pertaining  to  the  issues 
of  the  times,  which  have  proved  of  the  utmost  importance  to  him  in 
later  years.  While  in  this  office  he  became  acquainted  with  Ebenezer 
Lane,  then  an  eminent  lawyer  residing  in  Sandusky,  and  previously  one 
of  the  judges  of  the  supreme  court  of  Ohio.     Judge  Lane  took  a  deep 


Hi'}  I'HE    BENCH    AND    BAR    OF    WISCONSIN. 

interest  in  his  welfare  and  prospects,  advised  him  to  prepare  for  the 
legal  profession,  and  admitted  him  to  the  free  use  of  his  large  and  well- 
selected  library.  He  commenced  his  legal  studies  in  the  office  of  this 
excellent  gentleman  by  copying  briefs  and  other  legal  instruments,  and 
was  soon  after  received  as  a  student  in  the  office  of  the  firm  of  Lane, 
Stone  &  Lane,  of  which  Judge  Lane  was  the  head.  He  pursued  a  course 
of  law-reading  under  the  special  guidance  and  instruction  of  W.  G. 
Lane,  son  of  Ebenezer  Lane,  then  one  of  the  members  of  the  firm,  and 
afterward  judge  of  the  court  of  common  pleas  of  Erie  county,  Ohio, 
and  now  deceased ;  and  after  a  thorough  course  of  preparation,  covering 
a  period  of  three  years,  he  was  admitted  to  the  bar  in  1857.  He  at  once 
entered  into  partnership  with  Walter  F.  Stone,  since  one  of  the  judges 
of  the  supreme  court  of  Ohio,  and  began  the  practice  of  the  law  at 
Sandusky,  where  he  remained  till  December  1858.  But  being  ambitious 
to  establish  himself  independently  in  his  profession,  he  came  to  Wis- 
consin, in  January  1859,  and  located  at  Racine,  where  he  has  since  resided. 
He  opened  an  office  and  was  at  once  admitted  to  practice  in  the  supreme 
court  of  the  state.  He  soon  secured  an  excellent  business  and  con- 
tinued to  practice  alone  for  several  years,  until  he  formed  a  copartner- 
ship with  Henry  T.  Fuller,  which  continued  until  January  1875. 

He  held  the  office  of  city  attorney  of  Racine  during  the  years  i860 
and  1861;  was  member  of  the  state  legislature  from  Racine  county  in 
1867  and  1868,  and,  February  10,  1875,  he  was  appointed  judge  of  the 
United  States  district  court  for  the  eastern  district  of  Wisconsin,  which 
position  he  now  holds. 

As  assistant  clerk  of  the  court  at  Sandusky,  Ohio,  he  early  attracted 
the  notice  of  the  judge  and  bar  by  his  fine  taste  and  talent  as  a  reader, 
for  he  not  only  wrote  but  read  the  journals  of  the  court,  and  from  the 
very  outset  developed  an  aptitude  for  the  business  and  an  acquaintance 
with  every  detail  of  the  records  that  was  considered  extraordinary. 
Judge  L.  B.  Otis,  who  was  then  presiding  in  the  Sandusky  court,  pre- 
dicted a  brilliant  and  honorable  future  for  him,  and  every  step  of  his 
after  life  has  tended  to  prove  the  correctness  of  those  early  portends. 
As  a  student  he  takes  in  the  science  of  jurisprudence  by  intuition,  and 
instead  of  plodding  his  way  to  success  by  years  of  perseverance,  he 
seemed  to  ripen  into  a  matured  barrister  in  a  day.  Nor  thus  early  were 
his  high  moral  character,  good  habits  and  integrity  less  conspicuous. 
Every  one  who  knew  him  placed  in  him  implicit  confidence.     His  word 


THE    BENCH    AND    BAR    OK    WISCONSIN.  S^ 

was  beyond  question,  and  no  business  was  considered  too  momentous  or 
intricate  to  intrust  to  his  care,  even  at  that  early  age. 

As  an  advocate,  during  his  career  at  the  bar  of  Wisconsin,  he  was 
recognized  as  both  able  and  accomplished,  familiar  with  the  rules  of 
equity  and  common  law  pleading,  and  in  all  places  and  under  all  circum- 
stances faithful  alike  to  his  profession  and  his  clients ;  and  at  the  time 
of  his  promotion  to  the  bench  his  professional  prospects  were  of  the 
most  flattering  character.  Yielding  to  the  earnest  solicitation  of  his 
brethren  of  the  bar,  he  went  upon  the  bench,  with  a  degree  of  hesitation 
as  to  his  fitness  for  the  place  which  disclosed  that  conscientiousness  in 
the  discharge  of  duty  which  is  one  of  his  leading  characteristics. 
Bringing  to  the  discharge  of  judicial  duties  the  learning,  ability  and 
laborious  habits  to  which  he  was  largely  indebted  for  his  success  at  the 
bar,  he  has  exhibited  patience,  impartiality,  and  an  equable  temper,  em- 
inently befitting  the  bench.  No  man  ever  held  a  judicial  office  in  Wis- 
consin in  whose  integrity  the  bar  and  the  people  have  had  greater  con- 
fidence, and  it  is  safe  to  say  that  no  man  of  Judge  Dyer's  age  ever 
earned  a  better  reputation  in  so  short  a  time  for  judicial  fairness  and 
ability.  His  decisions  command  respect,  for  they  are  always  the  result 
of  careful  study  and  profound  knowledge.  Few  men  can  perform  more 
labor,  for  few  have  trained  their  minds  to  better  methods  of  both  reading 
and  thinking. 

He  is,  moreover,  a  man  of  pure  mind  and  purity  of  taste.  His  lan- 
guage is  always  appropriate,  ornate,  and  even  classic  in  construction. 
There  is  nothing  turgid  or  labored  about  his  style;  his  logic  is  clear, 
[)ointed  and  indubitable.  On  the  bench  his  industry  is  proverbial; 
every  question,  important  or  otherwise,  receives  the  most  thorough  in- 
vestigation, and  is  disposed  of  with  an  honesty  and  conscientiousness 
which  commands  the  respect  that  such  qualities  deserve. 

As  a  citizen  he  is  self-sacrificing  and  public  spirited,  always  lending 
a  helping  hand  to  whatever  tends  to  promote  temperance,  education  and 
prosperity.  He  served  his  fellow-citizens  in  the  legislature  so  efficiently 
and  ably  that  they  sought  to  secure  his  services  in  other  and  more  promi- 
nent public  positions,  but  he  felt  it  necessary  to  decline.  With  little 
taste  for  public  life  he  feels  that  it  is  not  necessary  to  be  conspicuous  to 
he  useful,  and  that  it  would  not  be  propriety  for  a  judicial  officer  to  be- 
come a  candidate  for  political  preferments. 

He  was  married  on  April  6,  1859,  to  Miss  Sarah  K.  Root,  daughter  of 


>^H  THE    BENCH    AND    BAR    OF    WISCONSIN. 

J.  M.  Root,  of  Sandusky,  Ohio,  who  in  his  time  was  a  distinguished 
lawyer  and  citizen  of  that  state,  and  for  several  years  was  a  prominent 
member  of  congress. 

RoMANZO  BuNN,  Madison,  was  born  in  South  Hastwick,  Otsego, 
New  York,  September  24,  1829.  In  September,  1832,  he  thence  re- 
moved with  his  father's  family  to  the  town  of  Mansfield,  Cattaraugus 
county,  New  York,  which  was  then  a  wilderness,  and  where  he  resided, 
working  on  his  father's  farm  summers,  and  attending  the  district  school 
winters,  until  seventeen  years  old.  In  the  fall  of  1846  he  entered 
Springville  Academy,  at  Springville,  Erie  county,  New  York,  which  he 
attended  during  the  summer  and  fall  terms  for  three  years,  teaching  a 
district  school  winters  to  get  means.  Beginning  teaching  in  this  way 
when  seventeen  years  old,  he  continued  it  while  attending  the  academy, 
and  afterward  while  studying  law,  until  twenty-four  years  old.  He 
began  the  study  of  law  at  Elyria,  Ohio,  in  the  spring  of  1849,  in  the 
office  of  McAcheron  &  Myers,  in  company  with  Charles  C.  Willson,  an 
old  friend  and  classmate,  and  now  a  leading  member  of  the  Minnesota 
bar  at  Rochester;  and  afterward  continued  it  at  Elliottville,  New  York, 
in  the  office  of  Harmon  &  Wood,  until  September  1853,  when  he  was 
admitted  to  the  bar,  and  immediately  went  in  company  with  William  H. 
Wood,  a  member  of  the  firm  with  whom  he  studied,  and  so  continued 
until  the  fall  of  1854.  In  August,  1854,  he  was  married  to  Miss  Sarah 
Purdy,  of  Mansfield,  and  in  September  of  that  year  removed  to  Wiscon- 
sin, where  he  stopped  during  the  winter  of  1854-5  with  friends  at 
Sparta,  and  in  the  spring  of  1855  settled  at  Galesville,  the  county  seat 
of  Trempealeau  county.  The  country  was  very  new,  and  he  had  not 
much  use  for  the  few  law  books  he  brought  with  him.  He  worked  on 
a  farm  some,  and  did  what  law  and  other  business  came  along,  until  the 
spring  of  1861,  when  he  removed  to  Sparta  and  entered  on  the  practice 
of  law  there.  During  the  winter  of  i860  he  served  a  term  in  the  legis- 
lature, representing  the  assembly  district  then  composed  of  Trempea- 
leau, Jackson  and  Buffalo  counties.  He  continued  the  practice  of  law 
at  Sparta  until  the  spring  of  1868,  when  he  was  elected  circuit  judge  of 
the  sixth  circuit ;  was  reelected  in  the  spring  of  1874,  and  held  the  posi- 
tion until  October  1877,  when  he  was  appointed  by  President  Hayes 
United  States  district  judge  of  the  western  district  of  Wisconsin.  This 
appointment  made  it  necessary  for  him  to  remove  to  Madison,  which  he 


THE    BENCH    AND    BAR    OF    WISCONSIN.  ^*.* 

did  with  his  family  in  the  summer  of  1879,  where  he  still  resides.  In 
1878  Judge  Bunn  was  elected  one  of  the  professors  of  the  law  class  in 
the  University  of  Wisconsin. 

Jl'DGE   rSITED   STATES   SIPREMK   AND   CIRCl'IT   COl'RTS. 

David  Davis,  Bloomington,  Illinois,  is  descended  from  Welsh 
ancestors,  who  had  resided  in  this  country  more  than  a  century  at  the 
time  of  his  birth,  March  19,  1815. 

The  home  of  his  childhood  was  in  Cecil  county,  Maryland,  where 
he  pursued  his  early  education  until  he  went  to  an  academy  in  Dela- 
ware to  prepare  for  a  regular  classical  course. 

Mr.  Davis  went  from  the  academic  school  in  Delaware  to  Kenyon 
College,  Ohio,  entering  that  institution  in  the  autumn  of  1S28.  Oliio 
was  then  a  comparative  wilderness,  and  for  a  boy  student  only  thirteen 
years  of  age,  without  a  relative  to  welcome  him,  the  prospect  was  lonely 
and  uninviting.  But  there  was  something  of  the  heroic  in  the  native 
energy  of  character  and  firmness  of  purpose  which  revealed  the  man  of 
after  life.  In  1832,  when  seventeen,  he  graduated,  and  soon  afterward 
chose  the  law  for  his  profession.  The  advantages  for  its  study  were 
few  in  the  west  at  that  time,  and  he  started  on  a  long  and  difficult  jour- 
ney east,  reaching  at  length  the  old  town  of  Lenox,  Massachusetts,  to 
prosecute  his  studies  in  the  office  of  the  distinguished  lawyer.  Judge  H. 
W.  Bishop.  After  two  years  spent  in  that  office  he  went  to  the  law 
school  at  New  Haven,  Connecticut,  then  under  the  direction  of  Judges 
Daggett  and  Hitchcock,  both  of  whom  were  known  as  eminent  jurists. 
Here  Mr.  Davis  enjoyed  the  excellent  legal  discipline  which  had  the 
effect  to  mould  his  character  into  that  of  a  lawyer  of  clear  and  accurate 
knowledge  of  legal  principles  and  precedents  which  has  since  given 
him  his  merited  prominence.  Upon  his  admission  to  practice  he  turned 
his  face  again  toward  the  Great  West,  settling  in  Pekin,  Tazewell 
county,  Illinois.  This  was  in  the  fall  of  1835.  Pekin  was  selected 
because  of  its  geographical  position  upon  the  Illinois  river  giving  prom- 
ise of  rapid  growth.  The  prevalence  of  fever  and  ague  there  compelled 
him  to  leave  the  place  at  the  end  of  a  year,  and  he  removed  10  the 
town  which  is  now  the  pleasant  city  of  Bloomington,  his  present  resi- 
dence. Here  he  began  in  earnest  to  lay  the  foundation  of  his  future 
success  by  hard  work,  which  he  ever  regarded  as  a  better  dejiendcnt  e 


00  THE    BENCH    AND    BAR    OF    WISCONSIN. 

than  genius.  Shortly  after  his  settlement  in  Bloomington  he  married 
Miss  Sarah  Walker,  of  Pittsfield,  Massachusetts,  who  died  in  November 
1879.  Mrs.  Davis  was  a  fit  companion  for  him,  and  left  many  pleasant 
memories  of  charity  and  kindness. 

The  proceeds  of  a  considerable  fortune  were  devoted  by  her  to  the 
alleviation  of  human  suffering,  and  she  contributed  very  much  to  the 
success  of  her  husband's  life.  Mr.  Davis  was  an  ardent  whig  of  the 
Henry  Clay  school,  but  had  no  taste  for  political  life.  Without  solicita- 
tion he  was  nominated  for  the  legislature  of  Illinois,  and  elected,  in 
1844,  and  to  the  constitutional  convention  in  1847.  In  both  positions, 
especially  the  latter,  he  took  a  leading  part.  Upon  the  adoption  of  the 
new  constitution,  in  1848,  a  new  judiciary  had  to  be  elected  in  the 
entire  slate.  The  circuit  in  which  he  lived  was  largely  democratic,  but 
Mr.  Davis  was  not  a  bitter  partisan,  and  by  the  common  consent  of  the 
bar  and  people  of  his  circuit  he  was  chosen  judge.  Abraham  Lincoln 
was  then  in  the  full  tide  of  successful  practice,  and  visited  Judge  Davis* 
circuit,  forming  with  him  a  life-long  friendship.  The  judge  saw  from 
the  beginning  evidence  of  inborn  greatness  in  his  afterward  famous 
friend.  Judge  Davis'  circuit  embraced  fourteen  of  the  largest  and  most 
wealthy  counties  of  the  state.  It  was  before  the  day  of  railroads,  yet 
neither  rough  traveling  nor  bad  weather  prevented  him  from  always 
being  in  his  place  ready  to  proceed  with  the  public  business.  Soon 
after  his  settlement  in  Illinois  he  began  investing  in  prairie  lands,  and 
laid  the  foundation  of  that  fortune  which  he  now  dispenses  in  acts  of 
unostentatious  charity.  In  1858,  when  Abraham  Lincoln  was  a  candi- 
date against  Stephen  A.  Douglas  for  the  United  States  senate.  Judge 
Davis  supported  Mr.  Lincoln  with  great  earnestness.  Recognized  as 
Lincoln's  confidential  friend,  he  was  selected  delegate  at  large  to  the  re- 
publican national  convention  at  Chicago,  in  i860,  where  his  management 
as  a  leader  was  very  succe;>sful.  In  i860  and  1861  he  counselled  a  moder- 
ate and  conservative  course,  in  the  hope  that  war  might  be  averted.  He 
formed  one  of  the  presidential  party  to  Washington,  but  after  the  inaugura- 
tion resumed  his  duties  on  the  bench  which  he  performed  until  selected, 
with  General  Holt  and  Mr.  Campbell,  of  St.  Louis,  to  investigate  the 
administration  of  the  department  of  St.  Louis,  then  under  the  command 
of  General  Fremont  and  Major  McKinstry,  during  a  period  of  the  war  of 
the  rebellion.  In  the  summer  of  1862  a  vacancy  occurred  on  the  bench 
of  the    supreme   court    of  the    United  States,  and    Judge   Davis   was 


jy2Z4^^-Az 


TZ-OL^^ 


NEV-   'i--'"'   . 


l-liuC  UBRAR-- 


\ 


,.-„   USV-T_^,^ 


I  HE    BENCH    AND    BAR    OF    WISCONSIN,  U'i 

selected  in  the  fall  of  1S62  associate  justice.  At  that  time  judge  Taney 
was  chief  justice,  and  between  the  two  there  commenced  a  friendship 
which  continued  until  the  latter's  death.  Judge  Davis  served  on  the 
bench  of  the  supreme  court  until  February  1877,  when  he  resigned  to 
accept  the  office  of  United  States  senator  from  the  State  of  Illinois. 

He  met  with  no  opposition  to  his  reelection  as  judge  of  the  state 
<^ourt,  the  bar  and  people  both  being  satisfied  with  the  prompt,  impar- 
tial and  honest  discharge  of  his  duty.  His  labors  in  the  federal  and 
state  courts  extended  through  a  period  of  twenty-nine  years,  during 
which  time  he  adjudicated  questions  of  the  highest  importance  affect- 
ing life,  liberty  and  property.  His  opinion  in  the  celebrated  Milligan 
case  is  regarded  by  the  profession  as  one  of  the  ablest  expositions  of 
the  rights  of  civil  liberty  ever  announced  by  a  court.  It  was  criticised 
unfavorably  by  some,  but  by  the  lawyer  and  the  jurist  it  will  ever  be 
regarded  as  a  sound  constitutional  recognition  of  the  personal  and  indi- 
vidual rights  of  the  citizen.  During  the  first  four  years  of  President 
(grant's  administration  much  dissatisfaction  arose  in  the  republican 
party,  and,  as  an  outgrowth,  the  liberal  movement  was  organized  which 
assumed  form  in  the  Cincinnati  convention.  A  considerable  portion  of 
the  democratic  party  and  a  large  number  in  the  liberal  cause  regarded 
judge  Davis  as  a  proper  candidate  for  the  presidency,  he  having  been 
nominated  by  the  labor  reform  party  in  January  1872.  His  friends 
presented  his  name  at  (*incinnati,  but,  owing  to  certain  combinations,  he 
was  defeated,  and  Mr.  Oreeley  became  the  nominee  in  the  remarkable 
campaign  of  1872.  In  the  Illinois  senatorial  campaign  of  1876  the  bal- 
ance of  power  was  with  the  independent  party,  friendly  to  Judge  Davis; 
and  after  a  protracted  contest  by  a  combination  of  the  democratic  party 
with  the  indei>endents  he  received  a  majority  and  was  elected.  His  term 
.IS  senator  commenced  on  the  4th  of  March,  1877,  with  President 
Hayes*  administration. 

Elected  by  a  combination  of  parties,  he  has  identified  himself  with 
none,  but  has  maintained  independence,  voting  for  or  against  measures 
Hithout  reference  to  party  lines.  On  account  of  his  ability  as  judge  he 
was  selected  member  of  the  judiciary  committee,  in  which  for  more  than 
four  years  he  has  been  a  great  worker  in  the  advancement  of  the  public 
mlcrests.  His  speech  on  the  Geneva  Award  bill  reported  by  the  com- 
mittee was  regarded  as  a  very  able  ex|)osition  of  the  law  in  favor  of 
the  underwriters.     Judge  Davis  is  not  a  .speech  maker,  but  does  a  great 


*'4  THK    HLNCH    AND    BAR    OF    WISCONSIN. 

deal  of  work  in  the  committee  room  and  in  the  business  detail  of  the 
senate.  His  disposition  is  to  deal  with  practical  questions  of  legisla- 
tion, leaving  the  discussion  of  mere  party  politics  to  others.  Upon  the 
reconstruction  of  the  senate  at  the  inauguration  of  President  Garfield's 
administration,  he  was  tendered  the  chairmanship  of  the  judiciary  com- 
mittee, which  he  declined,  giving  his  reasons  in  a  speech  worthy  the 
better  days  of  the  republic.  After  the  death  of  President  Garfield,  Judge 
Davis  was  elected  president  of  the  senate,  without  having  in  any  way 
sought  that  high  honor.  In  accepting  it  he  informed  the  senate  that  if 
the  least  party  obligation  had  been  made  a  condition,  directly  or  indi- 
rectly, he  would  have  declined  the  compliment. 

Independent  in  thought  and  in  action,  Judge  Davis  has  never  favored 
the  arts  of  the  politician,  nor  sought  to  gain  any  object  by  devious  courses. 
Upright  and  straightforward,  he  has  always  moved  openly  on  a  given  line 
of  conduct,  and  boldly  proclaimed  his  convictions  on  public  questions; 
hence  the  universal  confidence  in  his  integrity  of  character.  Although 
now  over  sixty  years  of  age,  his  mind  and  body  are  unimpaired  in  vigor 
and  health.  He  resides  on  one  of  the  most  highly  cultivated  farms  of 
the  state,  adjoining  the  city  of  Bloomington,  in  a  mansion  of  great  ele- 
gance and   taste.     His  life  has  been   a  great  success,  financially  and 

officially. 

"  How  blesi  is  he  who  crowns  in  shades  like  these, 

A  youth  of  labor  with  an  age  of  ease." 

John  Marshall  Harlan,  Louisville,  Kentucky,  was  bom  in  Boyle 
county,  near  Danville,  Kentucky,  June  i,  1833,  and  is  a  son  of  James 
Harlan,  who  was  a  prominent  lawyer  of  the  state.  He  graduated 
at  Centre  College,  under  the  presidency  of  John  C.  Young,  D.D.,  LL.D. ; 
studied  law  with  his  father;  graduated  in  1853  in  the  law  department  of 
Transylvania  University,  at  Lexington,  under  Chief  Justices  Thomas  A. 
Marshall  and  George  Robertson,  and  entered  upon  the  practice  of  his 
profession  at  Frankfort,  in  his  native  state. 

In  1858  he  was  elected  county  judge  of  Franklin  county,  and  held 
the  office  one  year.  In  1859,  when  but  twenty-five  years  of  age,  he  was 
the  whig  candidate  for  congress  in  the  strongly  democratic  district  of 
Ashland,  and  came  within  sixty-seven  votes  of  an  election.  In  the 
spring  of  1861  he  moved  to  Louisville,  when  he  became  associated  with 
Hon.  W.  F.  Bullock  and  practiced  with  great  success.  The  civil  war 
breaking  out  soon  after,  he  relinquished   practice  and  recruited  and 


>^^_  .../Ce.  ^<^^i~^c^ 


100  THE    BENCH     AND    BAR    OF    WISCONSIN. 


CIRCUIT    COURT   JUDGES. 

Montgomery  M.  Cothren,  Mineral  Point,  was  born  at  Jerusalem, 
Yates  county.  New  York,  September  i8, 1819.  His  father  was  Nathaniel 
Cothren,  and  his  mother  Clarina  Weed,  who  died  at  the  age  of  eighty- 
two  years.  Mr.  Cothren  was  educated  in  New  York,  and  subsequently 
studied  law  at  Kalamazoo,  Michigan.  Having  removed  to  Mineral 
Point,  he  was  admitted  to  the  bar  of  the  United  States  district  court  in 
1843  by  his  honor  Charles  Dunn,  since  which  time  he  has  been  in  the 
active  practice  of  his  profession  or  upon  the  bench. 

He  was  a  member  of  the  last  territorial  legislature  of  Wisconsin,  and 
served  in  the  state  senate  in  1849  and  1850.  In  the  presidential  elec- 
tion of  1852  he  was  one  of  the  electors  for  the  state  at  large,  and  cast 
his  vote  for  Franklin  Pierce  and  William  R.  King  for  president  and 
vice-president.  During  the  same  year  he  was  elected  judge  of  the  cir- 
cuit court,  and  served  in  that  capacity  for  twelve  years.  At  the  close 
of  his  second  term  as  circuit  judge  he  declined  a  reelection,  and  for  the 
twelve  years  ensuing  engaged  in  the  practice  of  the  law ;  but  in  1876, 
after  a  notable  triangular  contest  against  two  members  of  the  bar  of 
great  eminence  and  popularity,  he  was  again  chosen  judge  of  the  circuit 
court,  which  office  he  still  holds.  In  1879  he  was  nominated  for  associate 
justice  of  the  supreme  court  by  a  caucus  of  the  democratic  members  of 
the  legislature,  but  the  nomination  was  not  confirmed  at  the  polls. 

In  the  campaign  of  1880  he  was  the  democratic  candidate  for  mem- 
ber of  congress  in  the  third  district,  but  was  defeated  by  Hon.  George 
C.  Hazelton. 

The  bar  of  southern  Wisconsin  has  been  graced  by  many  lawyers  of 
commanding  ability,  and  a  moment's  reflection  will  summon  to  the  mind 
the  names  of  Dunn,  Hamilton,  Mills,  Knowlton,  Washburn,  Strong,  Cole, 
Crawford,  Barber  a,nd  others ;  second  to  none  in  this  eminent  list  the 
name  of  Montgomery  M.  Cothren  will  take  its  place  in  the  history  of 
the  state. 

Egbert  B.  Bundy,  Menomonee,  was  born  at  Windsor,  New  York, 
February  8,  1 830 ;  was  educated  at  Windsor  Academy,  studied  law  with 
F.  G.  Wheeler  at  Windsor,  and  Wheeler  &  Morse,  Depoint,  New  York, 
and  was  admitted  to  the  bar  at  Cortland,  New  York,  in  January  1850. 
Subsequently  coming  to  Wisconsin  he  practiced  law  in  Dunn  county, 


THE    BFNCH    AND    BAR    OF    WISCONSIN.  103 

was  elected  county  judge,  and  is  now  serving  on  the  bench  of  the  circuit 
court. 

Henry  Danforth  Barron,  Saint  Croix  Falls,  was  born  at  Wilton, 
Saratoga  county,  New  York,  April  lo,  1833.  His  education  was  in  the 
common  schools,  after  completing  which  he  entered  the  law  school  of 
Ballston  Spa,  New  York,  and  graduated  in  due  course,  which  admitted 
him  to  ptactice  in  the  courts  of  that  state. 

In  185 1,  at  the  early  age  of  nineteen,  an  enterprising  spirit  and 
sound  judgment  summoned  him  to  the  west,  and  he  took  up  his  resi- 
dence at  Waukesha,  Wisconsin.  Becoming  editor  of  the  Waukesha 
"  Democrat,'*  he  changed  its  name  to  the  ''  Chronotyj)e,"  and  conducted 
it  successfully  for  several  years.  In  1853  he  was  appointed,  by  Presi- 
dent Pierce,  postmaster  of  Waukesha. 

In  1857  he  changed  his  residence  to  Pepin,  where  he  entered  upon 
the  practice  of  his  professipn,  which  he  pursued  until  July  i860,  when 
he  was  appointed,  by  Gov.  Randall,  judge  of  the  eighth  judicial  circuit, 
comprising  the  northwestern  counties  of  the  state,  and  a  circuit  of  large 
area  and  great  importance.  Soon  afterward  Judge  Barron  moved  to  St. 
Croix  Falls,  and  in  1862  was  unanimously  elected  member  of  the  assem- 
bly from  the  counties  of  Ashland,  Bayfield,  Burnett,  Barron,  Douglas 
and  Polk,  and  was  reelected  in  1863,  1865,  1866,  1867,  1868,  1871  and 
1872. 

He  was  speaker  of  the  assembly  for  the  session  of  1866,  and  again 
for  1873.  As  one  of  the  republican  presidential  electors-at-large  in 
1868  he  was  president  of  the  electoral  college  of  that  year,  and  per- 
formed the  same  duties  for  the  same  party  in  1872.  Having  been 
elected,  by  joint  ballot  of  the  legislature,  a  regent  of  the  Wisconsin  State 
University  in  February,  1863,  he  has  continued  in  that  office  until  his 
election  as  circuit  judge,  in  1876.  He  was  for  many  years  one  of  the 
vice-presidents  of  the  State  Historical  Society. 

President  Grant  nominated  Judge  Barron,  in  .March  1869,  for  chief 
justice  of  the  Territory  of  Dakota,  which  honor  was  declined  by  tlie 
judge,  when,  in  April  following,  the  President  appointed  him  fifth  audi- 
tor of  the  United  States  treasury,  which  was  accepted ;  and  serving  in 
that  capacity  until  January  i,  1872,  he  resigned  the  office  to  take  a  seat 
in  the  assembly,  to  which  he  had  been  elected  by  his  former  constitu- 
ents.    In  May,  187 1,  he  was  appointed  by  Governor  Fairchild  a  trustee 


106  THK    BENCH    AND    BAR    OF    WISCONSIN. 

twenty-three.  In  1842  he  came  to  Wisconsin  and  formed  a  partnership 
at  Madison  with  Thomas  W.  Sutherland,  then  United  States  district 
attorney  for  Wisconsin.  He  was  afterward  associated  with  the  late 
George  B.  Smith,  and  later  became  a  member  of  the  firm  of  Collins, 
Smith  &  Keyes. 

He  was  a  member  of  the  territorial  council  of  Wisconsin  during  its 
last  three  sessions;  was  nominated  by  acclamation  by  the  whigs  of  the 
second  congressional  district  as  their  candidate  for  congress  against 
Morton  C.  Darling,  democrat,  in  1848,  and  the  next  year  was  nominated 
by  the  same  party  for  governor  against  Nelson  Dewey,  but  the  demo- 
crats being  strongly  in  the  majority  he  was  defeated.  Later  he  was 
generously  supported  by  the  whig  party  with  Chief  Justice  Whiton 
against  Governor  Dodge  and  I.  P.  Walker  for  the  United  States  senate. 

The  interval  from  1842  to  1855  was  devoted  to  the  practice  of  law, 
at  the  end  of  which  time  he  was  elected  judge  of  the  ninth  judicial  cir- 
cuit, which  office  he  held  four  years,  when  impaired  health  induced  his 
resignation.  He  then  became  a  partner  of  Governor  Doty,  at  that  time 
living  in  retirement  on  Doty's  island,  in  his  business  affairs  generally, 
and  soon  after  removed  to  Winnebago  county  for  the  better  manage- 
ment of  the  business.  He  subsequently  began  the  practice  of  the  law 
in  Chicago,  Illinois,  but  was  soon  after  obliged  to  abandon  it  on  account 
of  serious  rheumatic  difficulties.  He  spent  some  time  in  agricultural 
pursuits  and  then  returned  again  to  the  practice  of  law,  settling  down  in 
Appleton. 

In  politics  he  had  been  a  whig,  afterward  a  republican  of  anti- 
slavery  type,  and  has  always  taken  a  deep  interest  in  the  political 
questions  of  the  day  without  having  a  taste  for  political  life  or  seeking 
political  preferment. 

Judge  Collins  has  acted  a  conspicuous  part  in  the  judicial  history 
of  this  state,  his  associations  having  been,  and  still  are,  with  all  the 
eminent  jurists  contemporary  with  his  long  life  at  the  bar  and  on  the 
bench ;  among  whom  could  be  reckoned  E.  G.  Ryan,  James  H.  Craw- 
ford, M.  M.  Strong,  Levi  Hubbell,  W.  P.  Lynde,  S.  U.  Pinney,  Orsamus 
Cole,  and,  in  fine,  all  of  the  leading  members  of  the  bar  and  bench  in 
and  out  of  Madison. 

Although  past  the  allotted  three-score  years  and  ten,  the  judge,  hale 
and  well  preserved,  is  still  in  active  practice  at  Appleton,  with  the 
apparent  prospect  of  many  years  of  work  yet  before  him.    Blessed  with 


•  ■.  ■   ..til.  -" 


lOf)  THE    BENCH    AND    BAR    OF    WISCONSIN. 

twenty-three.  In  1842  he  came  to  Wisconsin  and  formed  a  partnership 
at  Madison  with  Thomas  W.  Sutherland,  then  United  States  district 
attorney  for  Wisconsin.  He  was  afterward  associated  with  the  late 
George  B.  Smith,  and  later  became  a  member  of  the  firm  of  Collins, 
Smith  &  Keyes. 

He  was  a  member  of  the  territorial  council  of  Wisconsin  during  its 
last  three  sessions;  was  nominated  by  acclamation  by  the  whigs  of  the 
second  congressional  district  as  their  candidate  for  congress  against 
Morton  C.  Darling,  democrat,  in  1848,  and  the  next  year  was  nominated 
by  the  same  party  for  governor  against  Nelson  Dewey,  but  the  demo- 
crats being  strongly  in  the  majority  he  was  defeated.  Later  he  was 
generously  supported  by  the  whig  party  with  Chief  Justice  Whiten 
against  Governor  Dodge  and  I.  P.  Walker  for  the  United  States  senate. 

The  interval  from  1842  to  1855  was  devoted  to  the  practice  of  law, 
at  the  end  of  which  time  he  was  elected  judge  of  the  ninth  judicial  cir- 
cuit, which  office  he  held  four  years,  when  impaired  health  induced  his 
resignation.  He  then  became  a  partner  of  Governor  Doty,  at  that  time 
living  in  retirement  on  Doty's  island,  in  his  business  affairs  generally, 
and  soon  after  removed  to  Winnebago  county  for  the  better  manage- 
ment of  the  business.  He  subsequently  began  the  practice  of  the  law 
in  Chicago,  Illinois,  but  was  soon  after  obliged  to  abandon  it  on  account 
of  serious  rheumatic  difficulties.  He  spent  some  time  in  agricultural 
pursuits  and  then  returned  again  to  the  practice  of  law,  settling  down  in 
Appleton. 

In  politics  he  had  been  a  whig,  afterward  a  republican  of  anti- 
slavery  type,  and  has  always  taken  a  deep  interest  in  the  political 
questions  of  the  day  without  having  a  taste  for  political  life  or  seeking 
political  preferment. 

Judge  Collins  has  acted  a  conspicuous  part  in  the  judicial  history 
of  this  state,  his  associations  having  been,  and  still  are,  with  all  the 
eminent  jurists  contemporary  with  his  long  life  at  the  bar  and  on  the 
bench;  among  whom  could  be  reckoned  E.  G.  Ryan,  James  H.  Craw- 
ford, M.  M.  Strong,  Levi  Hubbell,  W.  P.  Lynde,  S.  U.  Pinney,  Orsamus 
Cole,  and,  in  fine,  all  of  the  leading  members  of  the  bar  and  bench  in 
and  out  of  Madison. 

Although  past  the  allotted  three-score  years  and  ten,  the  judge,  hale 
and  well  preserved,  is  still  in  active  practice  at  Appleton,  with  the 
apparent  prospect  of  many  years  of  work  yet  before  him.    Blessed  with 


^.^..^^^fvC 


THE    BENCH    AND    BAR    OF    WISCONSIN.  109 

a  competence,  he  seeras  to  cling  to  the  duties  of  the  profession  for  the 
love  of  it,  and  will  be  likely  to  die  in  the  harness,  like  unto  many  a 
lawyer  devoted  to  his  profession. 

Gilbert  L.  Park,  Stevens  Point,  was  born  in  the  town  of  Scipio, 
Cayuga  county.  New  York,  August  31,  1824.  He  read  law  at  Kalama- 
zoo, Michigan,  and  was  admitted  to  the  bar  there.  He  came  to  Wis- 
consin and  located  at  Grand  Rapids  in  1851;  resided  there  one  year, 
and  then  removed  to  Plover  where  he  remained  three  years,  at  the  end 
of  which  time  he  changed  his  place  of  residence  to  Stevens  Point, 
where  he  has  continued  to  live  to  the  present  time.  For  several  years 
he  was  district  attorney  of  Portage  county,  before  Wood  county  was  set 
off  from  it. 

During  the  war  of  the  rebellion  he  was  in  the  military  service. 
Entering  the  army  in  November,  1861,  he  served  as  adjutant  of  the 
Eighteenth  Wisconsin  Infantry,  and  was  in  all  of  the  engagements  in 
which  that  regiment  participated  from  the  battle  of  Shiloh  to  the  time 
it  was  mustered  out  in  March  1865.  On  returning  home  he  resumed 
the  practice  of  law,  and  early  in  the  year  of  1875  was  appointed  circuit 
judge  of  the  seventh  judicial  district,  was  elected  to  the  office  in  April 
of  the  same  year,  reelected  in  1879,  and  is  still  serving.  In  February, 
1856,  Judge  Park  married  Mary  M.  Beach,  of  Climax,  Michigan,  and 
they  have  three  children. 

David  W.  Small,  Oconomowoc,  was  born  at  Frankfort,  Philadelphia 
county,  Pennsylvania,  December  18, 1827.  His  parents  belonged  to  the 
Society  of  Friends,  and  were  farmers.  He  lived  on  the  farm  until  he 
was  sixteen  years  old,  and  attended  the  public  schools  during  the  winter 
months.  He  was  a  student  in  the  Moravian  College  at  Nazareth  for 
two  years.  At  eighteen  years  of  age  he  began  teaching,  and  reading 
law  under  the  instruction  of  George  Lear,  of  Doylesiown,  Bucks  county, 
Pennsylvania.  In  April,  1850,  he  was  admitted  to  the  bar  at  Doylestown. 
The  following  month  he  came  to  Oconomowoc,  Wisconsin.  At  first  his 
law  business  was  not  very  prosperous,  and  he  combined  the  duties  of  a 
surveyor  with  his  profession  until  185 1.  By  this  time  his  business  had 
increased  to  such  an  extent  as  to  occupy  his  entire  time.  In  1862  he 
was  elected  district  attorney  for  Waukesha  county,  on  the  democratic 
ticket,  to  which  office  he  was  subsequently  reelected  twice.     In  1869  he 


110  THE    BENCH    AND    BAR    OF   WISCONSIN. 

was  elected  judge  of  the  second  judicial  circuit.  In  1875  he  was  re- 
elected by  a  large  majority.  Judge  Small  resides  upon  and  cultivates  a 
small  farm  near  the  village  of  Oconomowoc.  Judge  Small  was  born 
and  brought  up  in  the  Society  of  Friends,  and  still  believes  in  their 
fundamental  principles. 

His  wife's  maiden  name  was  Susannah  Ely.  They  have  three 
children. 

Alfred  William  Newman,  Trempealeau,  was  born  at  Durham, 
Greene  county,  New  York,  April  5,  1834.  His  father  was  a  farmer. 
He  graduated  at  Hamilton  College,  New  York,  in  1857;  studied  law  at 
the  law  department  of  the  same  college,  and  afterward  with  John  Olney, 
of  Windham  Centre,  Greene  county.  New  York ;  was  admitted  to  prac- 
tice at  Albany,  New  York,  in  December  1857,  and  located  at  Trempea- 
leau in  March  1858.  In  April,  i860,  he  was  appointed  county  judge, 
and  held  the  office  until  January  1867;  was  district  attorney  from  Jan- 
uary 1867  to  June  1876,  with  the  exception  of  the  years  1871  and  1872; 
was  member  of  the  assembly  in  1863;  was  state  senator  in  the  years 
1868  and  1869;  and  in  April  1876  was  elected  circuit  judge  for  the 
sixth  judicial  district. 

Coming  to  Wisconsin,  and  settling  at  what  was  then  an  early  day  for 
that  section  of  the  state,  it  will  be  seen  by  the  record  of  his  life  that  his 
career  was  progressive  and  honorable,  with  official  and  important  trusts 
placed  in  his  keeping,  in  all  of  which  he  has  ])roved  faithful,  discharging 
the  duties  appertaining  to  them  in  a  manner  that  has  evinced  ability, 
uprightness  and  usefulness. 

Charles  M.  Baker,  Geneva,  was  born  in  New  York  city,  October 
18,  1804.  His  father  soon  after  removed  to  Addison  county,  Vermont, 
where  the  subject  of  this  sketch  attended  a  neighboring  school  until  he 
became  twelve  years  of  age.  He  was  a  hard  student,  and  in  1822 
entered  Middleburg  College,  but  was  compelled  to  relinquish  his  studies 
before  the  close  of  the  first  term  on  account  of  failing  health  caused  by 
too  severe  application.  After  several  months  rest,  his  health  being  in  a 
measure  restored  in  the  fall  of  1823,  he  accepted  the  position  of  assistant 
teacher  in  a  young  ladies'  school  at  Philadelphia,  where  he  remained 
two  years.  In  1826,  he  commenced  the  study  of  law  in  the  office  of  S. 
G.  Huntington,  at  Troy,  New  York,  where  he  remained  three  years,  and 


.    J.  '^.Jfc'.r^  . 


(2-<^.  /3^/c^ 


THE    BENCH    AND    HAR    OF    WISCONSIN.  113 

was  then  admitted  to  the  bar.  Forming  a  partnersliip  with  Henry  VV., 
a  brother  of  Marshall  M.  Strong,  of  Racine,  in  the  spring  of  1830,  he 
removed  to  Seneca  Falls,  New  York,  where  he  engaged  in  the  practice 
of  his  profession  until  1834,  when  his  health  being  again  affected  by  too 
rlose  application,  he  relinquished  his  practice  and  returned  to  Vermont, 
with  little  hope  of  surviving.  A  change  to  mercantile  business  improv- 
ing his  health,  he  moved  West  in  1838,  and  located  at  Geneva  Lake, 
Walworth  county,  Wisconsin.  In  1839,  he  was  appointed  district- 
attorney  of  the  county,  and  was  a  member  of  the  territorial  council  for 
the  counties  of  Walworth  and  Rock  for  four  years,  commencing  1842, 
and  was  a  delegate  to  the  first  constitutional  convention  in  1846. 

He  was  appointed  by  the  Governor  in  1848,  one  of  the  three  com- 
missioners to  revise  and  codify  the  statutes  of  Wisconsin,  and  in  March 
1849.  was  elected  by  the  legislature  to  superintend  the  printing  of  the 
volume  in  .\lbany.  New  York.  On  the  resignation  of  Judge  J.  R. 
Hoolittle  in  1856,  he  was  appointed  to  the  bench  of  the  circuit  court, 
but  declined  to  become  a  candidate  for  re-election  upon  the  expiration 
ot  the  term.  During  the  late  war,  he  was  Judge  Advocate  under  Pro- 
vost Marshal  I.  N.  Bean,  in  the  first  district  of  Wisconsin.  Judge 
liaker  died  at  Geneva,  Wisconsin,  in  January,  1873,  leaving  the  follow- 
inj^  surviving  children : 

Kdward  L.  Baker,  of  Redwing,  Minnesota;  Charles  H.  Baker,  of 
San  PVancisco,  (California;  Mary,  wife  of  George  H.  Browne,  of 
Providence,  Rhode  Island,  and  Robert  H.  Baker,  of  Racine,  a  member 
of  the  well-known  firm  of  J.  I.  Case  cV  C-ompany. 

John  R.  Bennett,  Janesville,  was  born  in  Rodman,  Jefferson  county. 
New  York,  November  i,  1S20;  was  educated  in  that  county,  and 
read  law  at  Sackett's  Harbor  with  Dvre  N.  Barnham.  He  was  admitted 
to  practice  in  the  courts  of  New  York,  May  8,  1848,  and  in  the  month 
o\  October  of  the  same  year  came  to  Janesville,  Rock  county,  Wiscon- 
sin, where  he  has  ever  since  resided.  Mr.  Bennett  is  over  six  feet  in 
height,  is  well  proportioned,  and  has  great  physical  strength  and  endur- 
anrc.  In  personal  appearance  it  is  said  he  strongly  resembles  Lincoln, 
and  in  the  opinion  of  the  writer  of  this  sketch,  has  many  of  the  men- 
tal characteristics  that  made  the  latter  so  great  and  beloved.  From 
the  outset  Mr.  Bennett  took  front  rank  at  the  bar  in  Rock  county,  a 
|Nn»ition  he  has  ever  since  easily  retained ;  and  when  it  is  remembered 


114  THE    BKNCH    AND    BAR    OF    WISCONSIN. 

that  Whiten,  Carpenter,  Noggle,  Knowlton  and  Jorden  were  then 
among  its  members,  his  abilities  will  best  be  understood.  As  a  lawyer 
and  advocate  he  has  few  if  any  superiors  at  the  bar  in  this  state,  and 
his  professional  life  has  been  in  consequence  a  busy  one  in  his  office 
and  in  the  courts.  In  addressing  court  or  jury  he  always  commands 
attention  and  respect  by  reason  of  his  learning,  ability  and  force.  His 
resources  in  the  trial  of  cases  are  wonderful,  and  however  great  his 
disappointment  with  the  rulings  of  the  court  or  by  the  evidence,  he  is 
generally  able  to  surmount  all  embarrassment,  and  conduct  his  case  to  a 
successful  issue.  Litigants  soon  learned  his  great  worth  as  a  trial  lawyer, 
and  have  kept  him  steadily  employed  in  his  profession.  Scarcely  has  there 
been  a  case  of  importance  tried  in  Rock  or  any  of  the  adjoining  counties 
but  he  has  been  employed  either  as  attorney  or  counsel.  He  is  espe- 
cially able  and  acute  as  a  cross-examiner,  and  his  triumphs  as  such  have 
been  many  and  marked.  His  commanding  presence  and  great  abilities 
have  given  him  many  clients  in  the  southern  part  of  the  state,  and  his 
eloquence,  when  occasion  has  demanded  it,  has  always  insured  him 
audiences  to  be  instructed  and  delighted  by  his  utterances.  It  may  be 
truthfully  said  of  Mr.  Bennett  that  he  is  a  giant  in  his  profession.  He 
is  still  in  the  meridian  of  his  abilities  and  power,  and  gives  promise  of 
years  of  future  activity  and  usefulness  in  his  profession. 

Since  the  above  was  written  Mr.  Bennett  has  been  elected  judge  of 
the  circuit  court,  as  successor  of*  Judge  H.  L.  Congar.  His  elevation 
to  the  office  was  the  spontaneous  wish  of  the  bar  and  people  of  the  dis- 
trict»  and  was  without  an  opposing  candidate,  April  1882. 

(iEORGK  W.  Gate,  Stevens  Point,  was  born  in  Montpelier,  Vermont, 
September  17,  1824,  and  was  educated  in  the  public  schools,  studied 
law,  and  was  admitted  to  the  bar  at  Montpelier  in  1845.  The  same 
year  he  came  to  Wisconsin,  and  settled  at  Plover,  where  he  engaged  in 
the  practice  of  his  profession.  In  1852  he  was  elected  member  of  the 
assembly,  and  again  in  1853.  In  April,  1854,  he  was  elected  judge  of  the 
seventh  judicial  circuit,  and  served  in  that  capacity  until  he  resigned  on 
March  4,  1875,  to  take  his  seat  in  the  national  house  of  representatives, 
to  which  he  had  been  elected  as  a  liberal  reformer  in  November,  1875, 
by  a  majority  vote  of  two,  over  A.  S.  McDill,  who  was  then  holding  the 
position  as  a  straight  republican.  Having  served  out  his  term  in  con- 
gress Judge  Gate  was  again  a  candidate,  but,  in  the  meantime,  the  rc« 


^\  ._  ..^ 


THE    BENCH    AND    BAR    OK    WISCONSIN.  1  1 T) 

publican  party  had  become  strong  enough  in  his  district  to  elect  one  of 
its  members.  It  is  but  due  to  Judge  Cate  to  record  that  his  course  in 
congress  was  eminently  clear  and  honorable. 

While  in  congress  he  strenuously  opposed  the  formation  of  the  elec- 
toral commission  to  settle  the  presidential  question  between  Tilden 
and  Hayes,  and  was  one  of  the  seventeen  members  who  voted  against 
the  art  creating  the  commission. 

Upon  returning  to  private  life  he  entered  upon  the  practice  of  law 
at  Stevens  Point,  where  he  speedily  became  a  leading  attorney,  engaged 
in  the  most  important  legal  causes,  and  has  the  reputation  among  the 
law  fraternity  of  a  profound  lawyer  and  successful  advocate. 

Joseph  T.  Mills,  Lancaster,  was  born  in  Crane  Ridge,  Hourbon 
county,  Kentucky,  December  i8,  1812.  He  acipiired  an  academic  edu- 
cation, studied  law,  was  admitted  to  the  bar,  came  to  the  west,  and 
located  in  Bond  county,  Illinois,  in  1831,  moved  to  Wisconsin  and  per- 
manently settled  at  Lancaster  in  1843,  when  he  entered  into  the  practice 
of  the  law ;  was  elected  circuit  judge  for  the  fifth  circuit,  and  served 
from  1865  to  1877,  and  was  a  member  of  the  assembly  in  1856,  1857, 
1862  and  1879. 

Judge  Mills  has  ever  been  prominent  in  the  public  and  judicial 
affairs  of  the  state ;  no  man  stands  higher  in  Wisconsin  for  profoundness 
in  legal  lore,  and  for  general  information ;  his  wit  and  humor  is  not  sur- 
passed, if  ecjualed,  by  any  of  his  contemporaries,  and  the  course  of  his 
long  life  has  been  one  of  unalloyed  purity.  Although  now  nearly 
three  score  years  and  ten  his  mental  vigor  remains  unimpaired. 

David  Noggll,  Janesville,  was  born  in  Franklin,  Franklin  county, 
Pennsylvania,  October  19,  1809.  He  had  no  op|)ortunities  for  educa- 
lion  beyond  what  was  furnished  by  the  common  schools,  and  his  lime 
spent  even  in  these  rudimentary  institutions  was  very  limited ;  notwith- 
standing which,  by  almost  unaided  efforts  and  tireless  perseverance,  he 
overcame  the  difficulties  of  his  surroundings  sufficiently  to  fit  himself 
as  a  teacher.  His  general  occupation  prior  to  183S  was  farming,  but 
by  diligent  use  of  his  time  he  fitted  himself  for  the  bar,  10  which  he 
was  admitted  by  the  supreme  court  of  Illinois,  and  at  once  took  a'high 
and  commanding  position  in  the  profession.  He  married  Miss  .Vnna 
M.  I-,ewis,  of  Milan,  Ohio,  October  15,  1834.       In   1839  he  located  at 


110  THE    BENCH    AND    BAR    OK    WISCONSIN. 

Beloit,  in  the  practice  of  his  profession.  In  1846  he  was  elected  a 
member  of  the  first  constitutional  convention  from  the  county  of  Rock, 
and  was  selected  by  that  body  chairman  of  the  committee  on  corpora- 
tions, other  than  banking  and  municipal,  and  he  became  prominent  as 
one  of  the  leading  men  of  the  convention. 

In  1854  he  was  elected  member  of  the  assembly  from  the  city  of 
Janesville,  to  which  place  he  had  removed  in  1850,  and  was  reelected 
to  the  same  position  in  1857.  He  was  subsequently  elected  judge  of  the 
first  judicial  district  to  fill  the  unexpired  term  of  Judge  Keep,  and  was 
reelected  to  the  same  position  for  the  succeeding  term.  In  i860  he 
was  appointed  chief  justice  of  the  territory  of  Idaho,  and  having  served 
for  five  years,  was  compelled  to  resign  on  account  of  failing  health,  and 
the  growing  infirmities  of  age,  that  incapacitated  him  for  further  active 
life.      He  died  at  Janesville  in  1879. 

GOVERNORS. 

Naihanifl  p.  Talmadge  was  a  native  of  Chatham,  Columbia 
county,  New  York,  where  he  was  born,  February  8,  1795.  He  received 
a  good  early  education,  and  was  a  graduate  of  Union  College.  Direct- 
ing his  attention  then  to  the  study  of  the  legal  profession,  he  was  admitted 
to  the  bar  in  1818. 

In  1828  he  was  elected  to  the  assembly  of  New  York.  He  held  the 
office  of  State  senator  from  1830  to  1833,  when  he  was  elected  to  the 
I'^nited  States  senate  from  New  York,  which  position  he  occupied  until 
1844,  having  been  once  reelected.  He  was  appointed  Governor  of 
Wisconsin  territory  by  President  Tyler,  June  21,  1844,  whereupon  he 
removed  to  Wisconsin  and  entered  upon  the  duties  of  his  office,  succeed- 
ing James  I).  Doty,  thus  becoming  the  third  territorial  executive.  He 
held  that  position  a  little  less  than  a  year;  a  change  in  the  national 
administration  having  occurred.  Henry  Dodge  was  appointed  his  suc- 
cessor by  President  Polk,  April  8,  1845. 

The  ex-governor,  upon  his  retirement,  made  his  residence  at  Fond  du 
Lac,  and  applied  himself  to  the  practice  of  his  profession.  He  was  a 
man  of  excellent  character  and  acknowledged  ability.  His  death  oc- 
curred November  2,  1864,  at  Hattle  Creek,  Michigan. 

Nelson  Dewev,  Cassville,  the  first  (Governor  of  Wisconsin  after  it 
became  a  state,  is  a  native  of  Connecticut.  He  became  an  early  settler 
of  Cassville,  Grant  county,  Wisconsin,  and  practiced  law.    On  the  organi- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  117 

zation  of  that  county,  in  1837,  he  was  chosen  register  of  deeds.  He 
was  a  representative  from  Grant  county  in  the  second  legislative  assembly 
of  Wisconsin  territory,  chosen  in  1838;  was  speaker  of  the  House  dur- 
ing the  fourth,  or  extra  session  of  twelve  days  in  August,  1840,  and  the 
latter  year  he  was  reelected.  In  1842  he  was  elected  a  member  of  the 
council,  and  during  its  fourth  session  of  thirty  days'  duration,  was  its 
president.  On  May  8,  1848,  he  was  elected  governor  of  Wisconsin  by 
the  democratic  party,  and  was  sworn  into  office  June  7,  following.  He 
was  installed  on  the  first  day  of  January,  1850,  retiring  on  the  fifth  day 
of  January  185a.  He  has  been  one  of  the  board  of  directors  for  the 
state  prison.  Governor  Dewey  early  gave  up  the  practice  of  law  to 
enter  upon  official  duties,  from  which  he  has  now  retired. 

Coles  Bashford,  Tuscan,  was  a  native  of  Wayne  county,  New 
York,  and  was  bom  in  the  year  1817. 

.\fter  receiving  an  early  education,  such  as  the  schools  of  those  days 
afforded,  he  studied  law  at  Lyons,  in  his  native  county,  where  he  was 
admitted  to  the  bar,  and  commenced  the  practice  of  his  profession. 
Soon»  however,  he  was  attracted  to  the  west,  and  settled  at  Algoma, 
now  a  part  of  the  city  of  Oshkosh.  In  1852  he  was  elected  to  the  state 
senate,  was  reelected  in  1854,  and  subsequently  resigned  to  occupy  the 
executive  chair.  He  became  a  republican  on  the  organization  of  that 
I)arty,  and  in  1855  was  nominated  in  its  convention  for  governor,  in 
tipposition  to  William  A.  Barstow.  This  memorable  campaign  resulted 
in  the  issuance  of  the  certificate  of  election  to  Barstow,  by  the  state 
canvassers.  His  right  to  the  seat  was  contested  before  the  supreme 
court  resulting  in  the  resignation  of  Barstow  and  the  seating  of  Mr. 
Bashford. 

On  the  expiration  of  his  term  in  1858,  he  resumed  the  practice  of 
law  at  Oshkosh.  In  1863  he  removed  to  Tuscan,  Arizona,  where  he 
died  in  1880. 

During  the  year  1864  and  the  year  following  he  was  a  member  of 
the  council  of  that  territory,  attorney-general  in  1866,  then  delegate  in 
congress  for  two  years,  and  soon  after  secretary  of  the  territory,  which 
office  he  resigned  in  1876,  in  order  to  devote  his  attention  wholly  to  a 
large  law  practice. 


lis  IHE    BENCH     AND    BAR    Of     \VISC:()NSIN. 

Alexander  W.  Randall  was  born  in  Cooperstown,  New  York, 
about  the  year  1819.  After  passing  through  his  school  days  he  read 
law.  Soon  after  his  admission  to  the  bar  he  emigrated  to  Wisconsin, 
locating  at  Prairieville,  now  Waukesha.  He  commenced  the  practice 
of  his  profession  with  a  fair  show  of  success;  but  his  love  of  political 
life  was  so  great,  and  he  devoted  so  much  time  to  politics,  that  it  inter- 
fered considerably  with  his  legal  practice.  Mr.  Randall  was  originally  a 
democrat.  He  was  always  zealous  in  the  cause  he  espoused,  and  a 
working  member  of  the  party  in  which  he  acted.  His  first  office  was 
that  of  a  member  of  the  first  constitutional  convention  in  1846. 

He  took  a  prominent  position  in  that  party.  In  1848,  when  the 
free  soil  movement  was  inaugurated,  Mr.  Randall  was  prominent  there- 
in. He  did  not,  however,  long  harmonize  with  that  party,  but  soon  fell 
back  into  the  regular  ranks  of  the  democracy.  In  the  fall  of  1854  he 
was  elected  as  an  independent  democrat  to  the  assembly  of  the  state. 
He  became  afterward  a  recognized  republican,  and  in  1855  ran  on  the 
state  ticket  of  that  party  for  attorney-general,  but  was  defeated.  In  the 
gubernatorial  contest  between  Barstow  and  Bashford,  he  acted  as  one 
of  the  attorneys  for  the  successful  contestant,  Coles  Bashford.  In  1856, 
Bashford  appointed  Randall  judge  of  the  second  judicial  circuit,  com- 
posed of  the  counties  Milwaukee  and  Waukesha.  His  judicial  career 
was  brief;  for  in  1857  he  was  nominated  as  the  republican  candidate 
for  governor,  and  elected.  He  entered  upon  his  duties  January  i,  1858, 
and  discharged  them  so  satisfactory  to  the  people  that  he  was  reelected 
in  1859.  His  second  term  carried  him  through  the  year  1861, — the 
first  year  of  the  war.  He  proved  himself  a  very  able  war  governor. 
The  ability,  energy,  and  boldness  with  which  he  labored  for  the  service 
gave  him  a  national  reputation. 

In  1 86 1,  Governor  Randall  was  a  candidate  for  United  States  senator, 
but  was  not  elected.  At  the  end  of  his  second  term  as  governor,  Lincoln 
appointed  him  minister  to  Rome.  In  1S65  he  was  appointed  assistant 
postmaster-general.  He  afterward,  upon  the  resignation  of  William 
Oennison  as  postmaster-general,  was  placed  at  the  head  of  the  post- 
office  department,  which  position  he  held  until  the  close  of  Johnson's 
administration.  This  was  his  last  official  position.  He  died  at  his 
residence  at   Klmira,  New  York,  July  26,   1S72. 


THK    BKNCn    AND    BAR    OK    WISCONSIN.  11I» 

Edward  Salomon,  New  York,  was  born  in  the  year  1828,  near  the 
city  of  Halberstadt,  in  Prussia.  His  father  was  Christoph  Salomon, 
who  had  served  with  distinction  in  the  Prussian  army,  and  afterward  was 
an  officer  in  the  civil  service  of  Prussia,  and  his  mother  was  named 
Dorothea.  They  were  Lutheran  Protestant  in  religion,  and  he  was  edu- 
cated in  that  faith.  He  received  his  school  education  at  a  college  in 
Halberstadt,  and  was  afterward  a  student  in  the  university  of  Berlin. 
He  came  to  Wisconsin  in  1849,  and  he  lived  in  Manitowoc  in  this  state 
until  the  latter  part  of  the  year  1852,  when  he  came  to  Milwaukee  to 
read  law,  having  meanwhile  given  great  attention  to  the  study  of  the 
English  language,  with  which  he  became  so  familiar  as  to  read,  speak 
and  write  it  with  ease,  correctness  and  fluency.  In  the  city  of  Milwau- 
kee he  entered  the  office  of  E.  G.  Ryan,  late  chief  justice  of  the  su- 
preme court  of  Wisconsin,  and  there  studied  diligently  until  he  was 
admitted  to  practice  upon  thorough  examination  by  the  judges  of  the 
supreme  court  in  Madison.  This  was  in  the  year  1855.  He  was  then 
a  young  man  of  extremely  fine  appearance  and  prepossessing  manners. 
Tall,  well-formed,  graceful,  with  black  hair  and  dark  blue  eyes,  speak- 
ing English  extremely  well  but  with  a  slight  foreign  accent,  elegant  and 
courteous,  he  attracted  the  attention  of  all,  and  he  rapidly  rose  to  high 
estimation,  not  only  among  Germans,  but  among  all  classes  of  his  fellow 
citizens.  He  was  introduced  by  Mr.  Ryan  to  Mr.  Winfield  Smith,  who 
had  then  lately  commenced  to  practice  in  Milwaukee,  and  they  formed 
a  partnership  in  November  1855,  which  continued  until  November  1869, 
when  Mr.  Salomon  left  to  take  up  his  residence  in  the  city  of  New 
York,  where  he  has  ever  since  remained.  He  had  been  a  diligent  and 
thorough  student,  and  his  habits  of  close  and  careful  investigation  con- 
tinued and  contributed  to  his  reputation  as  a  well-read  and  accurate 
IsLwyer.  He  is  possessed  of  sound  sense,  good  practical  judgment,  a 
good  knowledge  of  men  and  things,  and  that  capacity  for  seizing  the 
strong  points  in  every  case,  and  for  presenting  them  forcibly  to  the  court 
and  jury  which  is  so  necessary  to  success  in  that  profession.  He  became 
a  favorite  with  judges  and  juries,  and  the  business  of  his  firm  increased 
with  rapidity,  and  its  members  rose  to  a  high  standing  in  their  profession. 

Mr.  Salomon  was  a  democrat,  but  gradually  came  to  adopt  the  ideas 
of  the  republican  party  between  the  presidential  elections  of  Hue  hanan 
and  Lincoln,  and  in  i860  distinctly  avowed  his  adhesion  to  that  organi- 
zation. 


ViO  THK    HKNCH    AND    HAR    OK    WISC:C)NSIN. 

Without  his  knowledge  he  was  nominated  lieutenant  governor  by  an 
independent  convention  of  supporters  of  the  war  held  in  Madison  in  the 
fall  of  1 86 1,  and  was  elected,  Mr.  Louis  B.  Harvey  being  elected  gov- 
ernor at  the  same  time.  The  death  of  Governor  Harvey  in  April,  1862, 
cast  upon  Mr.  Salomon  the  duties  of  the  gubernatorial  position.  His 
comparative  youth,  and  supposed  unfamiliarity  with  political  matters 
caused  some  apprehension  to  many  of  his  own  party,  but  these  were 
allayed  within  a  very  short  time  after  he  assumed  the  chair.  He  re- 
mained governor  until  January  i,  1864,  and  it  is  certain  that  during  his 
time  the  labors  of  that  office  were  more  arduous  than  ever  before  or 
since.  The  duties  of  carrying  out  within  this  state  the  war  measures  of 
the  national  government,  of  organizing  the  regiments  furnished  by  the 
state  during  that  time,  and  of  the  selection  of  officers,  of  overseeing  their 
equipment  and  maintenance,  which  were  afterward  transferred  to  federal 
officers,  devolved  during  that  time  chiefly  upon  the  governor.  His  zeal 
was  untiring,  and  his  industry  unceasing.  For  weeks  in  succession  he 
was  found  in  the  executive  office  at  Madison  at  all  hours  from  eight  in 
the  morning  until  twelve  at  night;  and  no  labor  was  deemed  by  him  too 
arduous,  no  fatigue  too  great  in  order  to  ensure  success  in  the  great 
work  which  he  took  upon  himself.  His  activity  necessarily  brought 
upon  him  the  hostility  of  many  of  the  opposite  party,  and  especially  of 
those  individuals  upon  whom  the  war  seemed  to  impose  special  hard- 
ships. The  vigorous  measures  by  which  he  promptly  subdued  the  in- 
surrection against  the  draft  in  Ozaukee  and  Washington  counties  were 
the  occasion  of  much  praise,  and  upon  the  other  hand  of  the  bitterest 
censure.  He  caused  a  number  of  persons  who  were  arrested  for  partici- 
pating in  riotous  proceedings  to  be  brought  to  Madison,  and  there  con- 
fined in  camp  for  some  weeks,  until,  partly  by  the  intervention  of  writs 
of  habeas  corj)us,  and  partly  by  the  voluntary  act  of  the  governor  under 
authority  of  the  general  government,  they  were  discharged,  the  danger 
of  resistance  to  the  draft  having  then  entirely  passed  away.  Gov.  Salo- 
mon's official  acts  are  part  of  the  history  of  the  state,  but  among  them 
may  be  named  the  calling  of  an  extra  session  of  the  legislature  in  the 
year  1862,  for  the  purpose  of  conferring  the  right  upon  the  soldiers  to 
take  part  in  the  elections,  and  for  the  purpose  of  empowering  the  mu- 
nicij)alitics  of  the  state  to  raise  money  for  the  payment  of  bounties  to 
volunteers.  During  his  term  of  office  nearly  all  the  troops  who  saw 
active  service  in  the  field  were  sent  from  the  state,  and  each  regiment 


THE    BENCH    AND    BAR    OF    WISCONSIN.  1*21 

and  each  company  carried  with  them  the  evidences  of  the  conscientious 
care  and  the  earnest  forethought  of  Governor  Salomon.  He  visited  the 
army  during  his  term  of  office,  and  was  a  great  favorite  among  the  Wis- 
consin troops  wherever  he  met  them.  He  spared  no  pains  to  contribute 
to  their  welfare,  and  among  the  old  veterans  there  will  always  exist  the 
warmest  remembrance  of  their  great  war  governor,  Edward  Salomon. 

At  the  breaking  out  of  the  war  he  was  one  of  a  few  gentlemen  who 
by  reason  of  previous  associations,  of  similarity  of  feeling,  and  of 
equality  of  years,  formed  a  close  companionship;  Carl  Schurz,  Halbert 
E.  Paine,  Winfield  Smith  and  Byron  Paine  were  the  other  members  of 
that  circle.  Their  friendship  so  cemented  has  remained  unbroken,  save 
by  the  untimely  death  of  Byron  Paine,  then  one  of  the  most  able  mem- 
bers of  the  supreme  court  of  Wisconsin. 

Governor  Salomon  was  warmly  urged  by  his  friends  to  be  a  candi- 
date for  the  nomination  of  governor  in  the  fall  of  1863,  but  declined 
persistently,  until  at  the  request  of  friends  in  the  army,  who  made  it  a 
[)oint  of  duty  with  him,  he  reluctantly  consented,  but  so  late  in  the 
campaign  that  James  T.  Lewis,  then  secretary  of  state,  had  become 
conspicuous  as  a  candidate,  and  as  Governor  Salomon  would  make  no 
efforts  for  his  own  success,  he  barely  failed  of  the  nomination  in  the 
convention.  He  was  afterward  warmly  supported  by  many  friends  for 
the  office  of  senator  of  the  United  States,  to  succeed  Mr.  Doolittle,  but 
Mr.  Carpenter,  lately  deceased,  was  elected  at  that  time.  Having 
received  most  flattering  offers  from  friends  in  the  City  of  New  York  he 
concluded  to  remove  there,  and  has  since  that  time  been  steadily 
engaged  in  the  practice  of  his  profession. 

He  is  counsel  for  the  German  Empire,  and  among  his  clients  are 
some  of  the  best  and  wealthiest  (}erman  business  houses  in  New  York. 
His  departure  from  Wisconsin  was  felt  to  be  a  great  loss  to  the  people, 
and  especially  to  the  republican  party.  His  strong  character,  his  excel- 
lent sense,  his  singularly  high  and  refined  sentiments,  the  honorable 
course  which  he  ever  in  all  circumstances  and  amid  any  temptations 
steadily  pursued,  won  for  him  many  friends  and  great  influence,  and  had 
he  been  willing  to  remain,  Wisconsin  would  have  laid  her  highest  honors 
at  his  feet. 

He  was  married  in  1858  to  an  estimable  lady  of  Belgian  birth,  who 
was  prominently  active  during  the  war  in  rendering  succor  and  assis- 
tance to  our  sick  and  wounded  soldiers,  and  she  graced  the  executive 


kll^Jm 


Vi'i  THE    BENCH    AND    BAR    OF    WISCONSIN. 

mansion  as  well  as  she  has  his  private  house  by  her  high  qualities  and 
accomplishments.     They  have  no  children. 

James  T.  Lewis,  Columbus,  is  a  native  of  Clarendon,  New  York, 
was  born  on  the  30th  day  of  October  181 9,  and  is  the  son  of  Shubael  and 
Eleanor  Robertson  Lewis.  His  grandfather,  Samuel  Lewis,  lived  in  Brim- 
field,  Massachusetts.  His  father  was  a  native  of  New  England,  and  his 
mother  was  of  Scotch  descent.  James  T.,  the  third  son,  after  receiving  a 
common  school  education,  completed  a  course  of  English  and  classical 
study  in  Clarkson  Academy  and  Clinton  Seminary  in  New  York,  and  in 
1842  began  the  study  of  law  with  Governor  Selden,  of  Clarkson.  He 
afterward  came  to  Wisconsin,  and  in  1845  was  admitted  to  the  bar  of 
the  United  States  district  court,  and  subsequently  to  the  supreme  court 
of  the  state. 

Declining  the  gift  of  an  eligible  law  office  offered  him  by  influential 
friends  if  he  would  settle  in  Clinton,  New  York,  he  decided  more 
wisely,  came  west  and  established  himself  in  Columbus,  his  present 
home. 

After  settling  at  Columbus,  he  devoted  his  time  to  the  active  practice 
of  the  law  from  1845  to  1855,  and  was  for  a  time  the  only  lawyer  in 
Columbia  county.  He  met  at  the  bar  some  of  the  ablest  practitioners 
of  that  day,  notably  among  whom  was  Judge  A.  L.  Collins,  and  before 
Mr.  Lewis  ceased  practice,  Mr.  Collins  had  become  judge  of  the  circuit 
court.  In  his  cases  Mr.  Lewis  was  remarkably  successful,  and,  liking 
the  profession,  was  reluctantly  drawn  into  politics,  and  eventually  away 
from  his  thrifty  law  business.  Yet  he  can  but  be  consoled  with  the 
result  of  a  successful  official  career,  honorable  to  himself  and  advan- 
tageous to  the  state. 

At  the  age  of  twenty-six  he  was  married  to  Miss  Orlina  M.  Sturges, 
daughter  of  a  prominent  and  successful  merchant  of  Clarendon,  New 
York,  and  by  her  has  four  children.  Entering  into  politics  in  this  state,  Mr. 
Lewis  rapidly  rose  to  the  successive  position  of  district  attorney,  county 
judge,  member  of  the  constitutional  convention  which  formed  the  or- 
ganic law  of  the  state,  member  of  the  general  assembly,  state  senator, 
member  of  the  court  of  impeachment  in  the  case  of  Judge  Levi  Hubbell, 
lieutenant-governor,  secretary  of  state,  and  governor.  As  secretary  of 
state  it  was  tnily  said  of  him,  that  **  he  has  been  prompt,  methodical 
and  systematic  in  all  the  departments  of  his  office;  a  true  man  in  every 


I  HE    HKNc:H    ASlJ    BAR    OK    WIrM.nNSIN.  T^O 

sense  of  the  word,  kind  and  gentlemanly  in  his  deportment  and  possess- 
ing g^'cat  executive  ability/'  When  elected  to  this  offi<:e  he  received 
every  vole  cast  in  the  city  of  his  residence,  and  when  elected  governor 
in  1863,  received  a  majority  of  twenty-five  thousand,  l>y  far  the  largest 
majority  ever  accorded  any  candidate  up  to  that  time  for  that  office. 

The  nation  at  this  time  being  engaged  in  civil  war,  (iovernor  Lewis 
felt  that  for  the  time  political  divisions  should  cease;  that  all  loyal  men, 
forgetting  party  strifes,  should  rally  around  our  country's  flag  and  save 
it  from  dishonor;  that  rebellion  should  be  crushed  by  hearty  cooperation 
and  earnest  sacrifice,  and  that  |)eace  should  be  restored.  Sincerely 
impressed  with  this  belief,  he  severed  party  ties  and  pro<*lainied,  "  he 
who  is  not  a  faithful  friend  to  the  government  of  his  country  in  this  try- 
ing hour,  is  no  friend  of  mine,*'  and  spared  neither  time,  talent  nor 
money  in  sending  troops  to  save  the  national  capitol.  Especially  was 
his  attention  engaged  in  caring  for  the  needs  of  the  sick.  He  re- 
peatedly visited  camps  and  hospitals,  making  long  and  careful  tours, 
and  finally  secured  a  special  order  from  the  surgeon-general  of  the 
United  States,  for  the  transfer  of  all  the  sick  and  wounded  soldiers 
from  Wisconsin  to  hospitals  within  their  own  state,  a  privilege  never 
before  granted. 

L'nder  his  administration  hospitals  were  established,  a  soldiers' 
orphans'  home  was  founded,  and  families  of  soldiers  provided  for.  It  is 
but  justice  to  add  that  the  administration  of  Gov.  Lewis  occurring  dur- 
ing the  height  of  the  war  added  greatly  to  the  difhculties  and  responsi- 
bilities of  the  office.  It  is  a  matter  of  historv  that  he  left  it  with  a  clean 
record  and  the  credit  of  having  administered  its  re<{uirements  ably, 
faithfully  and  concisely. 

In  1865,  against  the  wishes  of  his  state,  he  declined  a  renomination, 
preferring  the  retirement  of  private  life  to  public  honors  and  emolu- 
ments. Finding  him  firm  in  his  determination,  the  union  nominating 
convention  expressed  in  resolutions  their  regret  at  his  decision,  their 
cordial  approbation  of  his  administration,  and  their  gratitude  for  his 
zeal,  fidelity  and  generous  work  in  behalf  of  others. 

In  1864  Lawrence  University  conferred  on  him  the  degree  of 
LL.U.,  an  honor  which  was  justly  bestowed  and  has  been  worthily 
worn. 

That  (fov.  I^wis  takes  a  lively  interest  in  the  promotion  of  educa- 
tion is,  in  a  measure,  demonstrated  in  bestowing  a  prize  u)K)n  the  state 


126  THE    BENCH    AND    UAR    OF    WISCONSIN. 

university  student  furnishing  the  best  commencement  piece.  It  consists 
of  an  invested  fund  the  income  from  which  is  thus  annually  applied  and 
now  yields  twenty  dollars.     The  first  distribution  was  in  1875. 

At  the  close  of  his  term  as  governor,  he  visited  Washington,  at  which 
time  President  Lincoln,  learning  that  the  governor  was  going  to  Europe, 
asked  him  if  he  would  select  and  take  a  foreign  mission,  which  he 
declined,  preferring  to  travel  at  his  leisure.  After  his  return  from 
Europe,  Pres.  Grant  tendered  him  the  office  of  commissioner  of  in- 
ternal revenue,  which  the  governor  likewise  declined,  preferring  to 
devote  his  attention  to  his  growing  family  and  his  private  business. 
Although  continuing  to  take  an  interest  in  political  affairs  he  secluded 
himself  from  active  participation  in  party  movements  until  1875,  when 
he  became  a  delegate  to  the  republican  state  convention  of  that  year, 
and  was  made  its  presiding  officer.  He  was  also  a  delegate  to  the 
republican  national  convention  of  1876  that  nominated  Rutherford  B. 
Hayes  for  President. 

In  the  warm  contest  at  the  session  of  the  legislature  of  1875,  for  the 
United  States  senatorship,  the  name  of  Gov.  Lewis,  without  his  knowl- 
edge, was  presented  by  the  republican  "  bolters  "  as  one  of  the  three  from 
whom  one  was  to  be  selected  by  the  democrats,  and  voted  for  by  the 
combination  opposed  to  the  reelection  of  senator  Carpenter,  resulting 
in  the  selection  and  election  of  Angus  Cameron. 

Ex-(iov.  Lewis  now  lives  in  quiet  and  elegant  retirement  in  the 
pleasant  city  of  Columbus,  with  an  ample  competence,  and  enjoying 
the  esteem  of  all  who  know  him. 

Lucius  Fairchild,  Madison,  is  the  son  of  Jairus  C.  Fairchild,  and 
was  born  in  the  town  of  Kent,  Portage  county,  Ohio,  December  27, 
1830.  He  received  a  common  school  education,  and  subsequently  was 
admitted  to  the  bar,  but  his  early  entrance  and  long  continuance  in 
public  life  have  prevented  his  practicing  it.  He  came  to  Wisconsin  in 
1846  with  his  parents,  who  settled  at  Madison.  He  was  clerk  of  county 
court  for  Dane  county  in  1859  and  i860.  In  the  spring  of  1861,  after 
the  surrender  of  Fort  Sumter,  Mr.  Fairchild  promptly  enlisted  at  Madi- 
son, in  the  Governor's  (luard,  which  was  the  first  company  in  Wisconsin 
to  tender  its  services  to  the  government  under  the  President's  call  for 
three-months  men,  and  he  was  elected  captain. 

In  August,  1 86 1,  President  Lincoln  appointed  Fairchild  captain  in 


I2S  THK    HF.NCH    AND    BAR    OF    WISCONSIN. 

and  1873.     He  is  president  of  the  board  of  regents  of  the  University  ot 
Wisconsin,  and  also  president  of  the  State  Historical  Society. 

With  great  business  capacity  he  has  become  very  wealthy.  During 
his  term  as  governor  he  removed  his  residence  to  Madison,  making  pur- 
chase of  a  fine  estate  and  mansion  near  the  city.  This  he  has  since 
donated  for  educational  purposes.  He  has  also  built  and  equipped  for 
the  use  of  the  State  University,  one  of  the  largest  and  finest  observato- 
ries in  the  country,  which  is  known  as  the  Washburn  observatory.  No 
man  in  the  state  is  more  highly  esteemed  than  is  General  Washburn, 
and  is  the  soul  of  probity  and  honor.  He  died  in  May,  1882,  since  the 
above  sketch  was  written. 

LIEUTENANT    GOVERNORS. 

Samukl  W.  Bkall,  Montana,  was  born  in  Montgomery,  Prince 
George  county,  Maryland,  in  1807;  was  educated  at  Union  College, 
New  York;  read  law  at  Litchfield,  Connecticut;  was  admitted  to  the 
bar  at  Green  Bay  in  1829;  was  a|)pointed  receiver  of  public  moneys  at 
Green  Bay  in  1834;  removed  to  Tychorca  in  1841,  and  to  Taycheedah 
in  1847  ;  was  Indian  agent  with  the  Stockbridge  and  other  tribes;  was 
a  member  of  both  /:onstitutional  conventions;  was  elected  lieutenant- 
governor  in  1850;  went  to  Denver  to  reside  in  1859;  returned  to  Wis- 
consin in  1861 ;  was  appointed  lieutenant-colonel  of  the  Eighteenth 
Wisconsin  regiment  in  1861 ;  was  badly  wounded  at  Shiloh;  after  the 
close  of  the  war  he  went  to  Helena,  Montana  Territory,  where  he  was 
shot  in  an  altercation  and  lost  his  life. 

Arthtr  MacAriihr,  Washington,  D.  C,  was  born  in  Glasgow, 
S<:otland,  January  26,  1815,  and  came  to  this  country  when  a  child  with 
his  parents.  His  father  and  mother  were  both  MacArthurs,  and  came 
from  the  vicinity  of  Loch  Katrine  in  the  western  highlands  —  so  cele- 
brated in  Sir  Walter  Scott's  Lady  of  the  Lake. 

He  was  educated  at  Uxbridge  and  Amherst  Academies,  Massachu- 
setts, and  the  Wesleyan  University,  Connecticut.  He  studied  law  in  the 
city  of  New  York,  and  was  admitted  to  the  bar  in  1841,  when  Samuel 
Nelson  was  chief  justice  of  the  supreme  court,  and  Reuben  H.  Wal- 
worth the  chanrcllor  He  commenced  practice  in  Springfield,  Massa- 
chusetts, and  in  1843  was  appointed  public  administrator  of  the  county 
of  Hampden,  and  judge  advocate  for  the  western  division  of  the  militia. 


THF    BKNCH    AND    BAR    OF    WISCONSIN.  \'i9 

Having  a  turn  for  public  speaking  he  was  frequently  called  upon  to 
address  public  meetings  and  to  deliver  lectures  before  literary  societies. 
In  1845  he  returned  to  the  city  of  New  York  to  practice  his  profession, 
where  he  remained  until  1849,  when  he  removed  to  Milwaukee,  Wiscon- 
sin. Here  he  was  successful  in  the  way  of  business,  and  in  1851  was 
elected  city  attorney  of  that  city,  in  which  office  he  served  one  term. 

In  1855,  at  the  general  election,  he  was  elected  lieutenant  governor 
of  the  stale,  and  served  apart  of  his  term  as  governor,  during  a  vacancy 
created  by  the  resignation  of  Governor  Barstow. 

In  1857  he  was  elected  judge  of  the  second  judicial  circuit,  com- 
|K)sed  of  the  counties  of  Milwaukee  and  Waukesha.  Judge  Hubbell's 
resignation  had  created  a  vacancy,  and  the  election  was  to  fill  it,  as 
also  for  the  term  succeeding  it.  He  was  reelected  in  1863,  to  the  same 
position  the  second  time.  He  was  appointed  a  commissioner  on  the  part 
of  the  United  States,  to  the  universal  exhibition  held  at  Paris  in  1867. 

He  resigned  the  office  of  circuit  judge  in  the  fall  of  1869,  after  a 
judicial  service  of  thirteen  years.  The  business  of  the  circuit  court  in 
Milwaukee,  for  several  years  after  his  accession  to  the  bench,  was  nota- 
ble for  its  magnitude  and  variety,  and  for  the  application  of  legal  princi- 
ples in  the  more  important  cases.  This  was  owing  in  great  part  to  the 
condition  of  property  and  the  effect  upon  individuals  by  the  pressure  of 
the  times.  On  his  retirement,  the  bar  of  Milwaukee  manifested  their 
kindly  sympathy  and  feeling,  by  presenting  him,  at  a  meeting  called  for 
that  purpose,  with  a  complete  set  of  United  States  Annual  Digest,  Mr. 
Lynde  making  the  address  of  presentation. 

In  1870  he  was  appointed  associate  justice  of  the  supreme  court  of 
the  District  of  Columbia,  which  position  he  still  occu|)ies.  He  has  pub- 
lished three  volumes  of  reports,  containing  the  decisions  of  the  court, 
and  is  also  the  author  of  a  work  now  nearly  ready  for  publication,  on 
the  subject  of  industrial  education. 

In  addition  to  these  labors  he  is  much  engaged  in  the  benevolent  and 
social  enterprises  of  the  capital.  He  is  president  of  the  Society  for  the 
Prevention  of  Cruelty  to  Animals  and  Children,  and  occujiies  the  same 
position  in  his  district  of  the  associated  charities.  He  is  also  most  ear- 
nestly engaged  in  building  up  the  national  university  at  Washington. 
He  is  president  of  the  board  of  regents,  and  the  design  is  10  foster  at  the 
capital  of  the  nation  a  great  educational  institution,  which  will  organize 
the  highest  culture  of  the  country  in  the  cause  of  American  scholarship. 


I'M)  THE    BENCH    AND    CAR    OF    WISCONSIN. 

He  married  young,  and  is  now  living  with  his  third  wife,  the  widow 
of  B.  F.  Hopkins,  formerly  of  Madison.  He  has  two  sons  living,  and  is 
perhaps  younger  in  his  feelings  than  either  of  them.  His  health  is  un- 
impaired, and  he  is  about  as  young  an  old  man  as  any  one  of  his  years. 

Judge  MacArthur  is  exceedingly  well  preserved  for  a  gentleman 
of  sixty-seven  years,  and  is  beyond  question  the  handsomest  and  young- 
est looking  man  of  his  age  in  Washington.  With  social  qualities  of  the 
highest  order,  he  is  full  of  wit,  anecdote,  poetry,  reminiscence,  cheer- 
fulness, good  cheer;  is  a  good  diner  out,  and  a  brilliant  table  companion. 
Literary  pursuits  are  congenial  to  his  tastes,  and  he  writes  for  newspa- 
pers and  magazines  copiously.     He  burns  the  midnight  oil. 

Among  his  contributions  to  the  press  are  four  volumes  of  district 
court  reports,  which  is  solely  a  labor  of  love.  He  is  president  of  the 
board  of  regents  of  the  National  University,  devotes  much  time  to  the 
promotion  of  the  interests  of  benevolent  institutions,  and  is  foremost  in 
all  affairs  that  are  designed  to  benefit  the  community  in  which  he  lives, 
moves,  and  has  his  being. 

WvMAN  Spooner,  Elkhorn,  was  born  at  Hardwick,  Worcester  county, 
Massachusetts,  July  2,  1795.  His  father  was  a  farmer,  and  he  lived  at 
home,  attending  school  winters,  until  he  was  fourteen  years  of  age.  He 
then  went  to  Vermont  and  became  an  apprentice  in  a  printing  office. 
When  about  twenty-one  he  commenced  the  publication  of  a  weekly 
newspaper,  which  he  continued  about  twelve  years.  He  then  began 
the  study  of  law,  and  was  admitted  to  its  practice  in  1833.  From  his 
long  continuance  in,  and  his  associations  with,  Vermont,  he  claims,  with- 
out repudiating  the  paternity  of  his  native  state,  to  be  a  Green  Mountain 
boy.  In  1S42  he  removed  to  Wisconsin,  and  in  1843  he  settled  in  Elk- 
horn,  Walworth  county,  where  he  ever  after  resided.  In  1846  he  was 
elected  judge  of  probate,  which  office  he  held  until  the  probate  was 
merged  into  the  county  court. 

In  1853  he  was  appointed  circuit  judge,  which  position  he  held 
until  the  election  of  Judge  Doolittle.  He  was  elected  to  the  assembly 
in  1850,  i<S5i,  1 85 7  and  1861.  In  1857  he  was  elected  speaker  of  the 
assembly.  lie  was  elected  state  senator  for  the  term  comprising  1862-3. 
In  the  last  session  he  was  chosen  i)resident  of  the  senate,  and  became 
lieutenant-governor,  when  Mr.  Solomon  succeeded  to  the  executive 
chair.      In   1.S63,   1S65  and   1867  he  was   elected    lieutenant-governor, 


THK    HKNl  H    AND    J'.AK    OF    WISCONSIN.  I'M 

and  by  virtue  of  his  office  presided  ov^r  the  senate  six  consecutive 
years.  He  was  a  member  of  the  first  board  of  trustees  for  the  deaf  and 
dumb,  at  Delaware.  Judge  Spooner  was  a  man  of  constant  diligence 
and  energy.     He  died  at  Elkhorn  at  an  advanced  age. 

James  M.  Bingham,  Chippewa  Falls,  was  a  native  of  Wyoming 
county.  New  York,  and  was  born  at  Perry,  February  3,  1828.  His 
father  being  a  farmer,  James  spent  the  greater  portion  of  his  early  life 
in  the  capacity  of  a  farm  laborer,  with  such  intermission  as  his  attendance 
at  the  common  in  connection  with  an  academy  school  necessitated. 
When  he  had  reached  his  twentieth  year  he  engaged  in  the  occupation 
of  teaching,  pursuing  at  the  same  time  studies  in  Latin,  (ireek,  French 
and  mathematics,  corresponding  with  the  course  adopted  in  college. 
In  this  employment  he  continued  some  twelve  years  at  the  East,  when 
in  1853  he  came  to  the  West  and  resumed  the  same  occupation  near 
Detroit. 

C*h()osing  law  for  a  profession,  he  commenced  its  study  in  the  office 
of  F.  P.  Bissel,  at  Leroy,  New  York,  and  continued  the  same  for  two 
years,  and  after  his  removal  to  Wisconsin  continued  the  study  two  years 
longer  at  Palmyra. 

Having  thus  prepared  himself  for  entering  the  ranks  of  the  profes- 
sion, he  was  admitted  to  the  bar  in  1856,  and  commenced  practice  at 
Palmyra,  where  he  remained  until  he  removed  to  Chippewa  Falls  in 
1870.  At  the  latter  place  he  entered  into  partnership  with  J.  J.  Jenkins, 
and  the  firm  of  Bingham  &  Jenkins  continued  until  1876,  when  Judge 
Jenkins  having  accepted  the  appointment  of  Tnited  States  attorney  for 
the  territory  of  Wyoming,  H.  H.  Pierce  became  his  partner  and  the 
firm  is  now  Bingham  \'  Pierce.  The  legal  business  of  this  well  known 
firm  consists  chiefly  in  first  class  cases. 

In  the  year  1864  .\Ir.  Bingham  obeyed  the  call  of  his  country  and 
enlisted  as  major  of  the  Fortieth  Infantry  and  went  to  the  war. 

He  has  also  done  good  service  to  the  state  as  a  member  of  the  gen- 
eral assembly  of  Wisconsin.  He  represented  his  district  during  five 
sessions  of  the  legislature,  during  the  years  1S63,  1S64,  1.S70,  1871  and 
1874.  He  has  served  as  a  member  of  the  judiciary  committee  during 
each  of  these  years,  and  was  once  its  chairman.  For  the  session  of 
1870  he  was  speaker  of  the  house,  which  position  he  o(  cu|)ied  with 
much  credit. 


l'{2  TffK    BENCH    ANI>    BAR    OF    WISCONSIN. 

In  politics  he  is  closely  identified  with  the  republican  party.  He  is 
a  member  of  the  Masonic  fraternity,  and  is  now  high  priest  of  the 
chapter  at  Chippewa  Falls,  and  has  served  in  that  capacity  several  years. 

At  the  state  election  of  1877  Major  Bingham  was  chosen' lieutenant- 
governor,  after  having  been  nominated  against  his  expressed  wishes,  and 
was  reelected  to  the  same  office  in  1879,  and  presides  over  the  delib- 
erations of  the  senate  with  dignity,  impartiality  and  ability. 

rXITED  STATES  SENATORS. 

Isaac  P.  Walker,  Milwaukee,  was  a  native  of  Virginia,  and  was 
born  in  the  year  181 3.  The  early  part  of  his  life  was  passed  in  Illinois. 
In  1841  he  emigrated  to  Wisconsin,  and  began  the  active  practice  of  his 
profession  of  the  law.  It  was  not  long  before  he  was  called  to  fill  posi- 
tions of  marked  political  distinction.  He  was  a  member  of  the  territorial 
legislature  in  1847  and  1848.  In  the  latter  year,  when  the  state  was  ad- 
mitted into  the  Union,  he  —  in  company  with  (general  Henry  Dodge  — 
was  sent  to  the  United  States  senate,  for  the  short  term,  which  expired 
the  next  year;  but  he  was  reelected,  and  served  till  the  year  1855,  when 
he  was  succeeded  by  Charles  Durkee. 

He  died  quite  suddenly,  of  a  stroke  of  apoplexy,  on  the  evening  of 
March  29,  1872,  in  the  city  of  Milwaukee.  He  bore  the  reputation  of 
having  been  a  brilliant  and  impressive  public  speaker,  and  a  man  of 
superior  presence,  and  most  attractive  personal  endowments. 

Charles  Durkee,  Kenosha,  was  born  at  Royalton,  Vermont,  De- 
cember 10,  1805.  A  few  months  of  schooling  in  the  winter  season,  and 
a  term  or  two  at  an  academy,  was  all  the  education  he  ever  received. 

Farming  first  attracted  his  attention  ;  and,  after  a  few  years,  with  the 
little  gains  he  had  made,  he  embarked  in  mercantile  pursuits. 

In  May,  1836,  Mr.  Durkee  left  New  Kngland,  and  made  the  long  and 
tedious  journey  to  Wisconsin,  and  located  at  Kenosha. 

He  took  an  active  interest  in  promoting  the  growth  of  the  then  rising 
village,  erecting  a  number  of  fine  buildings  himself,  and  being  an  exten- 
sive land  owner,  contributing  largely  by  exchanging  lands  at  cheap  rates 
for  labor  and  material  in  the  erection  of  stores  and  dwellings. 

In  the  meantime  he  had  served  the  people  of  Wisconsin  territory, 
then  including  Iowa,  as  meniber  of  the  legislature  on  several  occasions. 

After  the  organization  of  Wisconsin  as  a  state,  in   1849,  Mr.  Durkee 


•  )•» 


TflK    HKNC  H     AM)    HAR    OF    WISCONSIN.  \-V- 

was  eltTted  a  mem!)er  of  congress  from  the  first  congressional  district, 
and  again  reelected  in  185 1  for  a  second  term.  In  1850  he  was  chosen 
by  the  friends  of  the  measure,  a  delegate  to  the  world's  peace  conven- 
tion, held  at  Paris,  and  on  his  way  home  attended  the  great  national  fair, 
held  at  lx)ndon,  the  first  ever  inaugurated  in  the  interest  of  mankind. 

In  February,  1855,  Mr.  Durkee  was  elected  for  a  full  term  of  six 
years  to  the  United  States  senate.  After  the  expiration  of  this  term,  he 
retired  for  three  or  four  years  to  the  beautiful  residence  he  had  erected 
on  the  lake  shore,  in  the  southern  portion  of  the  village  of  Kenosha. 
At  this  period  he  began  to  feel  the  strain  occasioned  by  severe  brain 
work  in  the  various  public  offices  he  had  held.  His  physicians  recom- 
mended a  change  of  climate.  About  this  time  J.I).  Doty,  governor  of 
I'tah,  having  died.  President  Johnson,  without  any  solicitation  on  the 
part  of  Nfr.  Durkee,  appointed  him  as  (iovernor  Doty's  successor. 
This  office  he  held  up  to  the  time  of  his  death,  which  occurred  January 
14,  1870. 

Mr.  Durkee  was  a  man  hardly  of  medium  height,  rather  thick-set,  of 
broad  depth  of  brain,  black  hair,  dark-grey  eyes,  and  a  countenance 
beaming  with  thoughts  of  benevolence  and  kindness. 

Jamks  R.  Doolittlk,  Racine,  was  born  in  Hampton,  New  N'ork, 
January  3,  181 5,  was  a  graduate  of  deneva  (College,  New  N'ork,  afterward 
Ntudied  law,  was  admitted  to  the  bar  by  the  supreme  court  of  New 
York  in  1837,  entered  upon  its  practice  in  that  state,  and  was  several 
years  district  attorney  of  the  county  of  Wyoming.  In  1S51  he  came  to 
Wisconsin  and  settled  at  Racine  in  the  practice  of  his  profession,  was 
elected  judge  of  the  first  judicial  circuit  in  1S53,  which  office  he  resigned 
in  1856.  In  1857  he  was  elected  United  States  senator  for  a  full  term, 
in  which  body  he  served  on  the  committee  on  foreign  affairs,  commerce, 
military  affairs,  and  was  chairman  of  the  committee  on  Indian  affairs. 
He  was  a  member  of  the  peace  congress  of  1861,  was  reelected  to  the 
senate  in  1863,  his  term  ending  in  1869.  During  the  summer  recess  of 
1865,  as  a  member  of  a  special  committee  of  the  senate  he  visited  the 
Indian  tribes  west  of  the  Mississippi.  He  was  a  delegate  to  the 
national  union  convention  held  at  Philadelphia  in  1866,  was  its  presi- 
dent, and  took  an  active  part  in  its  proceedings.  At  the  close  of  his 
career  in  the  senate  of  the  United  States,  Judge  Doolittle  resumed  the 
practice  of  the  law  in  Chicago,  where  he  continues  it  to  the  present 


134  THE    BENCH    AND   BAR    OF    WISCONSIN. 

time,  while  continuing  his  residence  at  Racine.  During  the  war  Judge 
Doolittle  did  much  in  sustaining  the  government  by  acts  and  addresses; 
since  the  close  of  that  contest  has  been  a  prominent  and  active  member 
of  the  democratic  party,  and  in  187 1  was  its  candidate  for  governor,  but 
his  party  was  too  largely  in  the  minority  to  effect  his  election. 

Timothy  O.  Howe,  Green  Bay,  was  born  in  Oxford  county,  Maine, 
February  24,  181 6.  At  the  age  of  twelve  he  took  large  interest  in  poli- 
tics, being  fully  persuaded  that  the  salvation  of  the  nation  depended  on 
the  election  of  John  Quincy  Adams  to  the  presidency.  He  used  to 
debate  the  point  sharply  with  his  neighbors,  whose  political  knowledge 
was  as  profound  as  his  own. 

At  sixteen  he  had  fully  determined  on  a  professional  course,  and 
spent  two  seasons  at  grammar  school.  At  eighteen  he  went  to  the 
Maine  VVesleyan  Seminary,  and  at  twenty  was  prepared  to  enter  college. 
His  father  at  this  time  decided  against  a  college  course,  and  the  young 
man  at  once  commenced  his  law  studies  in  the  office  of  Samuel  P.  Ben- 
son, of  Winthrop,  and  subsequently  with  Judge  Robinson,  of  Ellsworth. 
At  twenty-three  he  moved  to  Readfield  and  commenced  law  practice 
side  by  side  with  Lot.  M.  Morrill,  afterward  his  compeer  in  the  United 
States  senate. 

In  1 841,  at  the  ripe  age  of  twenty-five,  he  was  married  to  Miss  L. 
A.  Haynes,  a  true  down-east  girl  then,  and  a  most  estimable  and  agree- 
able woman  through  all  her  subsequent  career  in  life. 

In  1842  Mr.  Howe  expressed  a  willingness  to  take  the  office  of  clerk 
of  the  court  in  his  county,  with  the  three  thousand  dollar  emoluments 
attached.  It  happened  that  one  Mr.  Kingsbury,  an  older  resident,  was 
of  the  same  mind  also,  and  obtained  the  nomination  against  him  in  the 
convention,  but  not  the  coveted  office  at  election.  The  year  following 
Mr.  Howe  received  the  nomination  squarely  against  his  former  rival, 
and  on  election  day  carried  the  towns  on  the  west  side  of  the  county  by 
the  largest  whig  majority  ever  cast,  but  the  Kingsbury  defection  in  the 
eastern  towns  lost  him  the  election.  So  as  his  subsequent  career  turned 
out  this  defeat  was  the  very  best  providence  that  could  have  happened 
to  him.  The  next  fall  his  friends  of  the  west  towns  showed  him  their 
regard  by  electing  him  to  the  state  legislature,  where  he  took  a  promi- 
nent part  as  a  debater  beside  of  the  late  William  Pitt  Fessenden,  the 
recognized  leader  of  the  house. 


THF.    IlKNi  H    AND    HAR    OF    WISi  ONSIN.  K)5 

At  this  period  his  health  failed  him  and  his  father  and  friends  ad- 
vised him  to  try  Mr.  Greeley's  panacea  for  young  men  and  go  west. 
Accordingly  he  set  sail  in  the  fall  of  1845  and  landed  at  the  harbor  of 
(ireen  Bay  on  the  6th  of  October.  He  stopped  here  because  he  had 
seen  one  man  from  the  Bay  the  previous  summer,  and  he  did  not  know 
anybody  else  in  the  western  country.  He  came  with  no  fixed  notion  of 
staying,  but  the  charming  weather  of  that  fall  worked  favorably  to  his 
health,  attached  him  to  the  place  and  he  remained  there. 

Green  Bay  at  that  time,  though  the  oldest  town  in  the  state,  gave 
little  hope  or  signs  of  promise;  there  was  no  industry  exhibited,  no 
enterprise,  no  business,  except  the  small  fur  trade  with  the  Indians. 
The  people  were  bankrupt  and  the  country  desolate.  Notwithstanding 
these  discouraging  signs  Mr.  Howe  opened  a  law  office,  his  whole  pos- 
sessions consisting  of  a  few  law  books,  a  little  furniture,  and  the  uni)ur- 
chasable  stores  of  his  brain,  and  these  last  have  since  stood  him  well  in 
hand.  Mr.  Howe  was  soon  favorably  heard  of  in  all  parts  of  the  terri- 
tory, and  upon  its  admission  as  a  state  in  the  Union  in  1848  he  received, 
much  to  his  surprise,  the  whig  nomination  for  congress.  There  was  no 
show  for  any  whig  candidate  in  those  days.  In  1850  he  was  elected 
circuit  judge,  his  district  taking  in  Fond  du  Lac,  Sheboygan  and  all  the 
country  north.  At  that  time  circuit  judges  .served  als©  as  judges  of  the 
supreme  court.  In  1855  he  resigned  his  judgeship  for  the  simple  reason 
that  he  couldn't  afford  to  give  his  time  and  labors  to  the  state  and  bear 
all  his  expenses  out  of  a  fifteen  hundred  dollar  salary. 

While  on  the  bench  he  took  no  active  part  in  politics  further  than 
to  write  a  letter  expressing  his  approbation  of  the  organization  of  the 
republican  party  at  Madison  in  1854.  After  his  resignation  he  entered 
into  the  fall  campaign  of  1855,  strongly  supporting  Mr.  Hashford,  the 
republican  candidate  for  governor,  against  Mr.  Barstow.  In  the  winter 
following,  Mr.  Howe  took  part  in  that  most  extraordinary  trial  which 
resulted  in  ousting  William  A.  Barstow  from  the  office  of  governor,  and 
putting  Coles  Bashford  in  his  place.  Judge  Howe  was  associated  in 
this  case  with  E.  G.  Ryan,  J.  H.  Knowlton  and  Alexander  W.  Randall, 
on  the  side  of  Mr.  Bashford.  Johnathan  K.  Arnold,  Harlow  S.  Orton 
and  Matt.  H.  Carpenter  were  enlisted  for  Mr.  Barstow.  These  were 
all  eminent  practitioners  of  that  day.  Judge  Howe  made  the  closing 
argument  for  the  Fiashford  side  of  the  case.  During  the  early  part  of 
the   trial,    Mr.    Ryan  switched  off  from  the  case,  and    his   place    was 


13<>  THK    HKNCH    AND    BAR    OF    WISCONSIN. 

assigned  to  Mr.  Howe.  Mr.  Ryan  was  in  political  sympathy  with  Mr. 
Barstow,  but  he  knew  that  the  canvass  of  the  gubernatorial  votes 
was  a  fraud. 

The  canvass  for  the  office  of  United  States  senator,  in  place  of  Henry 
Dodge,  opened  with  the  meeting  of  the  legislature  in  1857.  Mr.  Howe 
appeared  to  be  the  leading  candidate  at  first,  but  James  R.  Doolittle 
was  finally  chosen  after  a  protracted  contest.  The  next  senatorial  elec- 
tion was  held  in  the  winter  of  186 1.  Mr.  Howe  had  not  much  confidence 
in  his  nomination,  but  he  was  nominated  and  elected  by  the  republicans 
of  the  legislature. 

The  election  of  Mr.  Howe  to  the  United  States  senate  at  this  time, 
was  a  just  tribute  to  noble  fidelity  and  stout-hearted  independence, 
while  the  secession  movements  then  going  on  at  the  South  furnished 
practical  information  of  the  iniquity  and  folly  of  the  ultra  state-rights 
doctrines  he  had  opposed.  Never  was  fidelity  more  justly  honored  in 
our  state,  never  was  political  wisdom  more  truly  vindicated. 

Mr.  Howe's  course  in  the  senate  needs  no  setting  forth  in  this  sketch. 
He  went  to  the  capitol  at  the  most  critical  history  of  our  government, 
when  secession  clouds  filled  the  whole  heavens.  Amid  the  distraction 
of  opinion,  Mr.  Howe  made  his  first  speech.  He  told  the  Southern 
gentlemen  that  whether  the  President's  message  meant  peace  or  war, 
depended  upon  themselves,  upon  the  course  they  should  pursue.  These 
were  just  the  words  needed  to  be  said,  and  had  marked  effect.  All 
through,  during  the  progress  of  the  war.  Judge  Howe  was  strongly  on 
the  side  of  the  administration  and  its  measures  for  the  vigorous  prosecu- 
tion of  the  war.  He  favored  legal-tender  issues,  and  made  a  speech  on 
the  subject.  And  so,  on  all  the  great  questions  of  states-rights,  finance 
and  reconstruction  after  the  war,  has  the  political  wisdom  of  the  great 
senator  been  made  manifest. 

Judge  Howe  was  on  the  committee  on  finance,  his  first  term  in  the 
senate,  and  was  eight  years  chairman  of  the  committee  on  claims.  In 
the  winter  of  1867  Judge  Howe  was  reelected  to  the  United  States 
senate,  and  again  in  1873,  both  times  without  opposition.  In  1875 
Senator  Howe  was  appointed,  by  President  Grant,  one  of  the  commis- 
sioners to  treat  with  the  Indians,  relative  to  the  purchase  of  the  Black 
Hills  territory. 

During  the  last  term  of  President  Grant,  a  vacancy  happening  in  the 
bench  of  the  United  States  supreme  court,  Senator  Howe  was  tendered 


THE    BKNCH    AM)    HAR    OF    WISCONSIN.  1 .'{ 


i*t 


the  appointment.  The  office  was  the  height  of  his  ambition,  but  a 
higher  sense  of  honor  forbade  the  acceptance;  the  opposition  was  in 
power  in  his  state,  and  if  he  should  make  a  vacancy  in  the  senatorship, 
it  would  be  filled  by  a  democrat.  This  act  of  self-denial  and  loyalty  to 
the  party  who  had  confided  in  him,  was,  in  the  highest  sense,  com- 
mendable. 

Upon  the  accession  of  Hayes  to  the  presidency.  Senator  Howe  was 
one  of  those  in  congress  who  disapproved  of  the  new  President's  south- 
cm  policy,  and  was  outspoken  against  it,  continuing,  notwithstanding, 
on  good  terms  with  the  administration.  At  the  close  of  his  last  term  in 
the  senate  Judge  Howe  was  a  candidate  for  renomination,  and  failed  of 
receiving  it  solely  on  account  of  advanced  age,  and  that  public  senti- 
ment was  against  long  continuance  in  office,  while  younger  men  desired 
to  share  the  honors  of  the  high  position. 

Senator  Howe's  senatorial  career  having  terminated  simultaneously 
with  the  inauguration  of  President  Garfield,  his  name  was  mentioned  in 
connection  with  a  cabinet  appointment,  but  his  claims  were  not  pressed, 
and  he  subsequently  was  appointed,  by  the  President,  commissioner 
to  the  international  money  conference,  held  in  Paris  in  the  summer  of 
1881.  He  accordingly  crossed  the  ocean  in  company  with  the  other 
members  of  the  commission.  At  the  sessions  of  this  body  Judge  Howe 
look  a  prominent  part.  Before  the  final  closing  of  the  conference  he 
was  called  home  to  his  sick  wife,  who  soon  after  died  at  Washington, 
in  July  1881. 

Judge  Howe  was  always  a  conspicuous  member  of  the  senate,  and  of 
the  republican  party.  In  congress  he  was  a  statesman  more  than  a  par- 
tisan. No  man  has  come  out  of  congressional  life  with  a  clearer  record ; 
no  senator  ever  had  a  more  universal  approval  by  his  constituents  of  his 
course  in  the  body  of  which  he  was  for  so  long  a  period  of  years  a 
member.  Judge  Howe  was  appointed  by  President  Arthur  postmaster- 
general,  and  entered  upon  the  duties  January  5,  1882. 

Judge  Howe  is  a  good  public  speaker,  of  a  logical  turn  of  mind,  and 
on  suitable  occasions  is  capable  of  gratifying  an  audience  with  a  rich 
vein  of  humor  inimitably  expressed.  .\lthough  having  seen  many 
years  of  public  service  of  high  responsibilities,  he  is  now,  when  nearly 
at  the  allotted  age  of  man,  as  vigorous  as  in  more  youthful  years. 

Tall  and  commanding  in  personal  appearance,  modest  and  retiring 
almost  to  a  fault,  true  to  his  friends,  just  to  all,  no  citizen  of  this  state  is 


1'5S  THE    BENCH    AND    JiAR    OF    WISCONSIN. 

the  recipient  of  more  genuine  respect  and  hearty  esteem  than  Timothy 
O.  Howe.  We  have  here  given  but  a  bare  skeleton  of  our  quaint  sena- 
tor, devoid  of  the  flesh  and  blood  that  make  up  the  private  and  social 
life  of  the  man.  But  nothing  more  needs  to  be  said.  His  conduct  in 
office  and  his  standing  before  the  country,  more  than  any  words  that 
can  be  framed,  attest  his  public  and  private  worth. 

Mathew  H.  Carpenter,  Milwaukee.  On  the  226.  of  December, 
1824,  at  Moretown,  Washington  county,  Vermont,  a  son  was  born  to  the 
wife  of  an  eminent  lawyer  and  citizen  of  prominence,  and  the  parents, 
as  if  the  spirit  of  prophesy  were  upon  them,  named  the  child  after  the 
great  English  jurist,  Mathew  Hale  Carpenter.  When  the  boy  had 
reached  the  age  of  eleven  years  his  mother  died,  and  Paul  Dillingham, 
afterward  governor  of  the  state,  having  charged  himself  with  his  educa- 
tion, Mathew  became  a  member  of  his  family  at  Waterbury. 

In  1843  John  Mattocks,  being  then  the  representative  to  congress 
from  that  district,  procured  for  young  Carpenter  an  appointment  as 
cadet  in  the  military  academy  at  West  Point.  It  opens  a  curious  field 
for  speculation  to  reflect  what  might  have  been  his  career  if  he  had  per- 
severed in  the  profession  thus  chosen  for  him.  He  was  a  classmate  in 
the  academy  of  General  Fitzjohn  Porter  and  others  who  attained  promi- 
nence in  the  war  of  the  rebellion,  and  it  is  not  inconceivable  that  he 
might  have  proved  to  have  the  making  of  a  great  captain  in  him ;  but  it 
is  not  altogether  easy  to  think  of  him  as  leading  a  fierce  onset  at  Chick- 
amauga  or  storming  an  angle  of  the  entrenchments  in  the  wilderness. 
At  all  events  the  possibility  of  that  spectacle  was  denied  us  by  a  weak- 
ness of  the  eyes,  which  made  it  necessary  for  him  to  resign  his  cadetship 
at  the  expiration  of  his  second  year. 

Returning  to  Waterbury  in  the  summer  of  1845,  ^^  entered  upon 
the  study  of  the  law  in  the  office  of  Mr.  Dillingham,  and  two  years  later 
was  admitted  to  the  bar  at  Montpelier.  Soon  after  he  removed  to 
Boston  and  finished  his  studies  in  the  office  of  Rufus  Choatc.  It  is 
known  that  he  enjoyed  in  a  peculiar  degree  the  intimacy  of  Mr.  Choate. 
and  the  formative  influence  of  that  incomparable  lawyer  upon  his 
admiring  disciple  is  by  no  means  difficult  to  discern. 

In  the  spring  of  1848  Mr.  Carpenter  was  admitted  to  practice  by  the 
supreme  judi(  ial  court  of  Massachusetts,  and  the  same  year  reraoved  to 
Beloit,  Wisconsin,  where  he  opened  an  ofllice.     He  was  almost  wholly 


THE    BENCH    AND    BAR    OF    WISCONSIN.  \'M^ 

destitute  of  means,  and  the  beginning  of  his  professional  career  was  fur- 
ther embarrassed  by  a  recurrence  of  the  disease  of  his  eyes,  which 
became  so  serious  as  to  make  it  necessary  for  him  to  go  to  New  York 
for  treatment.     For  over  a  year  he  was  almost  wholly  blind. 

In  1852  Mr.  Carpenter  was  the  candidate  for  district  attorney  of 
Rock  county.  The  election  was  contested,  and  the  case  was  taken  to 
the  supreme  court,  where  it  was  decided  in  his  favor.  The  case  is  a 
leading  one  in  the  reports,  and  AVIr.  Carpenter  himself  had  occasion  to 
cite  it  when  he  was  arguing  the  cause  of  the  state  Hashford  against 
Barstow.  The  appearance  of  Mr.  Carpenter  in  this  important  caus?, 
involving  no  less  a  question  than  the  possession  of  the  governorship  of 
the  state,  is  an  evidence  of  the  standing  that  he  had  attained  when  he 
had  barely  closed  the  third  decade  of  his  life.  He  was  associated  with 
eminent  counsel,  but  it  seems  to  have  been  left  to  him  to  project,  and 
mainly  deferred  the  principle  upon  which  Governor  Barstow  resisted 
the  writ  of  quo  warranto  filed  in  behalf  of  the  contestant  Bashford. 
His  position  was  that  the  three  branches  of  the  state  government  are 
coordinate,  and  that  it  is  not  competent  for  the  supreme  court  to  pass 
upon  the  lawfulness  of  the  incumbency  of  the  executive  office.  The 
decision  of  the  court  was  adverse,  but  Mr.  Carpenter's  argument  will 
none  the  less  impress  the  professional  reader  as  ingenious  and  powerful. 

Mr.  Carpenter  removed  to  Milwaukee  in  1856.  He  was  for  a  num- 
ber of  years  engaged  in  the  intricate  and  embarrassing  litigation  arising 
out  of  the  construction  and  consolidation  of  certain  railroads  in  Wis- 
consin, and  maintained  the  rights  of  his  clients  with  great  ability  and  per- 
sistency. His  practice  was  now  large,  and  as  lucrative  as  his  rather  easy 
financial  habits  could  make  it;  and  his  fame  was  rapidly  extending. 
When  a  case  arose  that  involved  the  determination,  by  the  supreme  court 
of  the  United  States,  of  the  constitutionality  of  the  reconstruction  acts, 
Secretary  Stanton  retained  him  as  one  of  the  counsel  for  the  govern- 
ment. His  argument  won  for  him  general  recognition  as  one  of  the 
foremost  constitutional  lawyers  of  his  time,  and  it  is  scarcely  extravagant 
to  say  that  the  civil  governments  existing  to-day  in  eleven  states  of  the 
Union  rest  upon  the  principle  enunciated  and  supported  by  him  on  that 
occasion. 

In  1876,  for  the  first  time,  happily,  in  the  history  of  the  republic,  a 
cabinet  minister,  in  the  person  of  W.  W.  Belknap,  secretary  of  war,  was 
impeached  before  the  senate  of  the  United  States  for  high  (Times  and 


L. 


140  THE    BENCH    AND    BAR    OF    WISCONSIN. 

misdemeanors  in  office.  The  respondent  retained  for  his  defense 
Jeremiah  S.  Black,  ex-attorney  general ;  Montgomery  M.  Blair,  ex-post- 
master general,  and  Mr.  Carpenter.  There  could  have  been  no  higher 
compliment  to  Mr.  Carpenter  than  the  fact  that  his  associates  who  had 
stood  for  years  in  the  very  front  rank  of  the  American  bar,  resigned  to 
him  the  entire  management  of  the  case,  which  he  conducted  to  a  suc- 
cessful issue. 

The  trial  of  the  title  to  the  presidency  of  the  United  States  before 
the  electoral  commission,  erected  for  the  purpose  by  special  act  of  con- 
gress, was  another  occasion  that  enlisted  the  best  professional  talent  in 
the  Union.  Mr.  Carpenter  was  retained  by  Mr.  Tilden  to  submit  an 
argument  in  favor  of  counting  the  votes  of  the  democratic  candidates 
for  electors  in  Louisiana,  and  he  performed  the  duty  with  the  ability 
that  he  has  never  failed  to  bring  to  bear  upon  questions  of  this  impor- 
tant and  delicate  character. 

We  have  thus  sketched  imperfectly  some  of  the  most  conspicuous 
appearances  of  Mr.  Carpenter  in  the  character  of  a  lawyer  strictly. 
They  by  no  means  fairly  represent  the  character  or  extent  of  his  pro- 
fessional labors.  From  1870  to  his  decease,  though  maintaining  a 
residence  at  Milwaukee,  he  kept  an  office  at  Washington,  and  practiced 
mainly  before  the  supreme  court  of  the  United  States ;  and  his  services 
were  retained  in  very  many  of  the  most  important  cases  that  have  been 
heard  before  that  tribunal. 

Mr.  Carpenter  had  been  a  democrat  from  the  time  that  he  attained 
his  majority,  and,  in  the  election  of  i860,  sui)ported  Douglas  for  the 
presidency.  Upon  the  attempt  of  the  South  to  destroy  the  Union, 
without  formally  dissociating  himself  from  that  party,  he  gave  his 
support  to  the  war  policy  of  the  administration,  and  delivered  a  series 
of  addresses  in  that  behalf  that  were  characterized  by  great  eloquence 
and  patriotic  fervor.  Subsequently  he  publicly  affiliated  with  the  repub- 
lican party,  and  in  1869  was  chosen  to  succeed  James  R.  Doolittle  in 
the  senate  of  the  United  States. 

It  is  not  proposed  to  dwell  upon  his  political  career.  It  should  be 
mentioned,  however,  that  he  was  the  author  of  the  acts  reconstructing 
in  some  respects  the  federal  courts,  and  enlarging  their  jurisdiction  to 
the  limits  prescribed  by  the  Constitution.  He  was  twice  chosen  presi- 
dent pro  tempore  of  the  senate,  and  presided  over  that  body  during 
several  sessions,  in  discharging  which  duty  he  exhibited  thorough  learn- 
ing and  aptitude  as  a  parliamentary  lawyer. 


THE    BF.NCH    AND    BAR    OF    WISCONSIN.  141 

At  the  expiration  of  his  term,  Mr.  Carpenter  was  nominated  by  the 
caucus  of  republican  members  of  the  legislature  for  reelection,  but  was 
defeated  by  a  combination  of  certain  republican  members  with  the 
democrats.  In  1879  he  was  chosen  to  succeed  Timothy  O.  Howe  in 
the  United  States  senate,  and  took  his  seat  again  in  that  body  after  an 
interval  of  four  years.  It  may  be  worthy  of  remark,  in  this  connection, 
that  his  celebrated  "  Janesville  speech  '*  was  the  great  cause  of  his  defeat 
in  1875  ;  yet  he  considered  that  the  best  speech  he  ever  made,  and  care- 
fully preserved  a  printed  copy  of  it. 

His  return  to  Washington  after  his  reelection  to  the  senate  was 
signalized  by  a  popular  demonstration  that  illustrated  forcibly  the 
enthusiastic  feeling,  for  which  admiration  is  a  cold  term,  in  which  he 
was  held  among  those  who  had  come  to  know  him  even  by  casual 
contact. 

His  most  conspicuous  effort  during  his  second  senatorial  term  was, 
perhaps,  his  argument  in  the  case  of  General  Fitzjohn  Porter.  Senator 
Logan,  in  a  long  and  laborious  speech,  had  reviewed  the  facts.  Mr. 
Carpenter  confined  himself  to  the  questions  of  law.  With  the  impreg- 
nable logic  and  irresistible  aptness  of  illustration  that  characterized 
him  in  dealing  with  legal  issues,  he  combated  the  pending  bill.  The 
result  was  notable.  The  friends  of  the  bill  had  a  clear  majority  when 
the  debate  opened.  After  Senator  Carpenter's  argument  they  put  for- 
ward their  two  ablest  champions  to  reply.  Both  failed,  and  they  did 
not  deem  it  expedient  to  press  the  measure  to  a  vote.  The  instances 
are  rare  in  the  history  of  legislation  where  a  measure  having  the  undi- 
vided support  in  its  inception  of  the  members  of  the  majority  party 
reinforced  by  some  members  of  the  minority  has  been  thus  baulked 
by  a  single  speech. 

In  June,  1880,  Senator  Carpenter  attended  the  republican  national 
convention  at  Chicago,  though  not  as  a  delegate,  and  addressed  an 
open-air  mass  meeting  that  was  called  to  promote  the  nomination  of 
General  Grant.  But  his  health  was  greatly  impaired,  and  he  was  not 
able  to  remain  in  Chicago  to  the  close  of  the  convention.  In  the  cam- 
l>aign  that  followed  his  condition  made  it  impossible  for  him  to  partici- 
pate. When  congress  assembled  in  December,  he  was  in  his  seat;  but 
his  attendance  was  irregular,  and  it  was  evident  that  the  inexorable 
disease  from  which  he  was  suffering  was  advancing  rapidly  to  its  dread 
consummation.     The  final   scene  was  sketched  with   great  power  and 


14"^  THE    BKNCH    AND    BAR    OF    WISCONSIN. 

pathos  by  Honorable  Arthur  MacArthur,  in  an  address  before  the 
Wisconsin  association  at  Washington. 

His  death  occurred  on  the  24th  day  of  February,  1881.  The  grief 
that  it  inspired  knew  no  boundaries  in  geography  or  partisanship,  and 
the  rush  of  events  incident  to  the  approaching  incoming  of  a  new 
national  administration  could  not  benumb  the  deep  sense  of  bereave* 
ment  that  reached  the  remotest  confines  of  the  republic.  At  the  next 
meeting  of  the  judiciary  committee  of  the  senate  of  the  United  States, 
the  following  resolution  was  adopted : 

"  During  a  period  of  nearly  eight  years'  service  on  this  committee, 
Senator  Carpenter's  great  intellectual  ability,  profound  legal  learning, 
and  remarkable  industry,  commanded  the  admiration  of  all  who  served 
with  him,  while  his  uniformly  courteous,  kind  and  agreeable  manners  won 
and  retained  their  affection." 

The  bar  of  the  supreme  court  of  the  United  States  assembled  on  the 
8th  of  March.  Allan  G.  Thurman  was  chosen  to  preside,  and  in  taking 
the  chair,  delivered  an  address  of  high,  if  discriminating,  eulogy,  in  the 
course  of  which  he  used  this  language,  which  could  be  justified  on  few 
occasions  of  like  character :  "  I  am  well  aware  of  the  proneness  to  ex- 
travagance that  has  too  often  characterized  eulogies  of  the  dead,  whether 
delivered  from  the  pulpit,  in  the  forum,  or  in  the  senate-house.  But  I 
feel  a  strong  conviction  that,  however  exalted  may  be  the  praise  spoken 
here  to-day,  it  will  not  transcend  the  merits  of  its  object,  or  offend  the 
taste  of  the  most  scrupulous  and  truth-loving  critic. 

Mr.  Carpenter's  whole  career  was  honorable  and  brilliant.  He  was 
the  architect  of  his  own  fortune  and  fame.  He  possessed  the  advan- 
tages of  inherited  poverty,  and  was  thus  in  his  youth  thrown  upon  his 
own  resources.  He  learned  early  the  useful  lesson  of  self-reliance,  and 
the  necessity  of  industrious  self-exertion,  receiving  only  such  aid  as  his 
genial  manners  and  bright  and  active  mind  gained  from  those  generous 
friends  who  perceived  in  his  youth  the  germs  which  promised  future 
distinction,  and  who  were  willing  to  extend  a  helping  hand  to  struggling 
genius.     He  was  a  close  student,  and  loved  books. 

Mr.  C'arpenter  possessed  a  fine  person,  was  social,  pleasant  and  win- 
ning in  his  manners.  As  a  speaker  he  was  fluent,  logical  and  eloquent, 
and  possessed  in  a  high  degree  the  charm  of  manner  and  magnetic 
power  over  his  hearers,  which  are  essential  elements  of  popular  oratory. 
He  delighted  and  captivated  po]>ular  audiences;  but  his  oratory  was  not 


THE    BUNCH    AND    BAR    OF    WISCONSIN.  14'J 

of  the  flowery  and  superficial  kind.  He  was  a  man  of  learning  and  of 
thought.  He  not  only  pleased  by  his  style  and  manner,  but  his  reason- 
ing convinced  his  hearers.  His  independence  of  thought  and  character 
sometimes  led  him  to  advocate  that  side  of  questions  which  was  unpop- 
ular with  the  people  or  with  his  party;  and  he  was  fearless  in  su|)port- 
ing  any  cause  which  he  undertook  to  advocate.  He  defended  credit 
roobilier  and  back  pay.  He  acted  as  one  of  the  leading  counsel  for 
general  Belknap  on  his  impeachment  and  trial  before  the  United  States 
senate;  and  he  appeared  as  one  of  the  leading  counsel  for  Mr.  Tilden 
in  the  great  contest  for  the  presidential  office  before  the  electoral  com- 
mission. His  nature  was  genial,  kindly  and  generous;  he  had  no  malice 
in  his  composition;  and  he  did  not  excel  in  that  lowest  order  of  intel- 
lectual ability  which  impels  its  possessor  to  the  use  of  invective  and 
vituperation.  The  taste  for  such  displays  of  his  intellectual  power  was 
wholly  foreign  to  his  nature,  and  perha|)s  fortunately  beyond  his  ability. 
But  in  his  whole  public  career,  in  the  courts,  in  the  senate,  and  in  the 
(>opular  discussion  of  political  questions,  he  was  animated  in  a  large 
degree  with  a  spirit  of  chivalry,  tempered  by  the  elevating  culture  of 
''modern  civilization,  which  throws  a  halo  of  honor  and  fame  around  the 
physical  warfare  of  those  knights  of  the  middle  ages  who  became  famous 
for  their  prowess  in  battle  and  for  their  generous  forbearance  in  the 
hour  of  victory.*' 

The  remarks  of  Mp  Jeremiah  S.  Black  are  given  in  full,  not  only  on 
account  of  the  standing  of  the  speaker  at  the  bar,  but  because  of  his 
(>ec'uliar  intimacy  with  Mr.  C'ar]>enter  and  his  sympathetic  and  a(  curate 
knowledge  of  his  ability  and  character : 

"The  .Xmerican  bar  has  not  often  suffered  so  great  a  misfortune  as 
the  death  of  Mr.  Carpenter.  He  was  cut  off  when  he  was  rising  as 
rapidly  as  at  any  previous  period.  In  the  noontide  of  his  labors  the 
night  came  wherein  no  man  can  work.  To  what  height  his  career 
might  have  reached  it  he  had  lived  and  kept  his  health  another  score  of 
years,  can  now  be  only  a  speculative  question.  But  when  we  think  of 
his  great  wisdom  and  his  wonderful  skill  in  the  forensic  use  of  it,  to- 
gether with  his  other  qualities  of  mind  and  heart,  we  cannot  doubt  that 
in  his  left  hand  would  have  been  uncounted  riches  and  abundant  honor, 
if  only  length  of  days  had  been  given  to  his  right.  As  it  was,  he  dis- 
tanced his  contemporaries  and  became  the  peer  of  the  greatest  among 
those  who  had  started  long  before  him. 


y 


144  THK    HKNCH    AND    BAR    OF    WISCONSIN. 

The  intellectual  character  of  no  professional  man  is  harder  to  ana^ 
lyze  than  his.  He  was  gifted  with  an  eloquence  peculiar  to  himself.  It 
consisted  of  free  and  fearless  thought  wreaked  upon  expression  power- 
ful and  perfect.  It  was  not  fine  rhetoric,  for  he  seldom  resorted  to 
poetic  illustration ;  nor  did  he  make  a  parade  of  clenching  his  facts. 
He  often  warmed  with  feeling,  but  no  bursts  of  passion  deformed  the 
symmetry  of  his  argument.  The  flow  of  his  speech  was  steady  and 
strong  as  the  current  of  a  great  river.  Every  sentence  was  perfect; 
every  word  was  fitly  spoken ;  each  a])ple  of  gold  was  set  in  its  picture  of 
silver.  This  singular  faculty  of  saying  everything  just  as  it  ought  to  be 
said  was  not  displayed  only  in  the  senate  and  in  the  courts ;  everywhere, 
in  public  and  private,  on  his  legs,  in  his  chair,  and  even  lying  on  his 
bed,  he  always  "talked  like  a  book." 

I  have  sometimes  wondered  how  he  got  this  curious  felicity  of  dic- 
tion. He  knew  no  language  but  his  mother-tongue.  The  Latin  and 
Greek  which  he  learned  in  boyhood  faded  entirely  out  of  his  memory 
before  he  became  a  full-grown  man.  At  West  Point  he  was  taught 
French  and  spoke  it  fluently;  in  a  few  years  afterward  he  forgot  every 
word  of  it.  Hut  ])erhaps  it  was  not  lost ;  a  language,  for  any  kind  of 
literature,  though  forgotten,  enriches  the  mind  as  a  crop  of  clover 
ploughed  down  fertilizes  the  soil. 

His  youth  and  early  manliood  was  full  of  the  severest  trials.  After 
leaving  the  military  academy  he  studied  law  in  Vermont,  and  was  admit- 
ted, but  conscientiously  refused  to  practice  without  further  preparation. 
He  went  to  Hoston,  where  he  was  most  generously  taken  into  the  office 
of  Mr.  Choate.  He  soon  won  not  only  tlie  good  opinion  of  that  very 
great  man,  but  his  umiualified  admiration  and  unbounded  confidence. 
With  the  beneficence  of  an  elder  brother,  Choate  paid  his  way  through 
the  years  of  his  toilsome  study,  and  afterward  supplied  him  with  the 
means  of  starting  in  the  west.  The  bright  prospect  which  opened  before 
him  in  Wisconsin  was  suddenly  overshadowed  by  an  appalling  calamity. 
His  eyes  gave  way,  and  trusting  to  the  treatment  of  a  quack,  his  sight 
was  wholly  extinguished.  Kor  three  years  he  was  stone-blind,  "the 
world  by  one  sense  (juite  shut  out.**  Totally  disabled  and  compassed 
round  with  impenetra])le  darkness,  he  lost  everything  except  his  courage, 
his  lio|>e,  and  the  never-failing  friendshi])  of  his  illustrious  preceptor. 
Supported  by  these  he  was  taken  to  an  infirmary  at  New  York,  where, 
after  \\  lung  time,  his  vision  was  restored.      .Subsecpient  to  these  events. 


,  w.  S. 


THE    BENCH    AND    BAR    OV    WISCONSIN.  145 

and  still  under  the  auspices  of  Mr.  Choate,  he  returned   to  Wisconsin 
and  fairly  began  his  professional  life. 

It  would  be  interesting  to  know  what  effect  upon  his  mental  charac- 
ter was  produced  by  his  blindness.  I  believe  it  elevated,  refined  and 
strengthened  all  his  faculties.  Hefore  that  time  much  reading  had  made 
him  a  very  full  man ;  when  reading  became  impossible,  reflection 
digested  his  knowledge  into  practical  wisdom.  He  perfectly  arranged 
his  store-house  of  facts  and  cases,  and  pondered  intently  u|)on  the  first 
principles  of  jurisprudence.  Thinking  with  all  his  might,  and  always 
thinking  in  English,  he  forgot  his  French,  and  actpiired  that  surprising 
vigor  and  accuracy  of  FLnglish  expression  which  com|)el  us  to  admit  that 
if  he  was  not  a  classical  scholar,  he  was  himself  a  classic  of  most  original 
type. 

He  was  not  merely  a  brilliant  advocate,  learned  in  the  law.  and 
deeply  skilled  in  its  dialectics;  in  the  less  showy  walks  of  the  profession 
he  was  uncommonly  powerful.  Whether  drudging  at  the  business  of  his 
office  as  a  common-law  attorney  and  eipiity  i)leader,  or  shining  as  leader 
in  a  great  nisi  prius  cause,  he  was  etpially  admirable,  ever  ready  and 
perfectly  suited  to  the  place  he  was  filling.  This  capacity  for  work  of 
all  kinds  was  the  remarkable  jKirt  of  his  character.  With  his  hands  full 
of  a  most  multifarious  practice  he  met  political  duties  of  great  magni- 
tude. As  a  senator  and  party  leader  he  had  burdens  and  ros])onsil)ili- 
ties  under  which,  without  more,  a  strong  man  might  have  sunk.  lUit 
this  man's  shoulders  seemed  to  feel  no  weight  that  was  even  inconven- 
ient. If  Lord  Brougham  did  half  asnuich  labor  in  tjuantity  and  variety, 
he  deserved  all  the  admiration  he  won  for  versatility  and  patience. 

Mr.  C'arpenter's  notions  of  professional  ethics  were  pure  and  high 
toned.  He  never  acted  upon  motives  of  lucre  or  malice.  He  would 
lake  what  might  be  called  a  bad  case,  because  he  thought  that  every 
man  should  have  a  fair  trial ;  but  he  would  use  no  falsehood  to  gain  it ; 
he  was  true  to  the  court  as  well  as  to  the  client.  He  was  the  least  mer- 
cenary of  all  lawyers;  a  large  proportion  of  his  business  was  done  for 
nothing. 

Outside  of  his  family  he  seldom  spoke  of  his  religious  »)|)inions.  He 
was  [not  accustomed  to  give  in  his  experience — never  at  all  to  me.  He 
finnly  believed  in  the  morality  of  the  New  Testament,  and  in  no  other 
system.  If  you  ask  whether  he  practiced  it  jierfet  tly,  I  ask  in  return  : 
Who  has  ?  Certainly  not  you  or  I.  «  He  was  a  gentle  censor  of  our  faults  : 


146  THK    BKNCH    ANU    BAR    OF    WISCONSIN. 

let  US  not  be  rigid  with  his.  One  thing  is  certain,  his  faith  in  his  own 
future  was  strong  enough  to  meet  death  as  cahnly  as  he  would  expect 
the  visit  of  a  friend.  Upwards  of  a  year  since  his  physicians  told  him 
that  he  would  certainly  die  in  a  few  months ;  and  he  knew  they  were 
right ;  but  with  that  inevitable  doom  coming  visibly  nearer  every  day, 
he  went  about  his  business  with  a  S{)irit  as  cheerful  as  if  he  had  a  long 
lease  of  life  before  him. 

I  think  for  certain  reasons  that  my  personal  loss  is  greater  than  the 
rest  of  you  have  suffered.  But  that  is  a  **  fee  grief  due  to  my  particular 
breast."  It  is  enough  to  say  for  myself,  that  I  did  love  the  man  in  his 
life-time,  and  do  honor  his  memory,  now  that  he  is  dead." 

Two  of  the  speakers  referred  in  felicitous  terms  to  the  occasion  in 
1876  when  Mr.  Carpenter  presided  over  the  meeting  of  the  bar  of  the 
sui)reme  court  on  the  occasion  of  the  death  of  Reverdy  Johnson,  and 
applied  to  the  deceased  the  language  which  he  then  used  with  respect 
to  a  great  jurist  of  Maryland. 

The  obsequies  consetjuent  upon  the  death  of  Senator  Carpenter  at 
Washington,  and  subsecjuently  at  Milwaukee,  were  grand  and  imposing, 
at  the  latter  city  almost  the  entire  population  were  out  on  the  occasion. 
Among  the  distinguished  members  of  the  committee  of  the  senate  who 
escorted  the  body  to  Wisconsin  was  Roscoe  Conklin,  upon  whom  it 
devolved  to  formally  transmit  the  sacred  trust  to  the  charge  of  the  authori- 
ties who  assumed  the  charge.  On  the  occasion  that  distinguished  gentle- 
man made  use  of  the  following  beautiful  sentiment,  addressing  (xovernor 
William  K.  Smith:  *M)e|)uted  by  the  senate  of  the  United  States,  we 
bring  back  the  ashes  of  Wisconsin's  illustrious  son,  and  tenderly  return 
them  to  the  great  commonwealth  he  served  so  faithfully  and  loved  so 
well.  To  Wisconsin  this  pale  and  sacred  clay  belongs,  but  the  memory, 
the  services,  and  the  fame  of  Mathew  Hale  Car|)enter  are  the  nation's 
treasures,  and  long  will  the  sister  states  mourn  the  bereavement  which 
bows  all  hearts  to-day."  To  this  Ciovernor  Smith  appropriately  and  hap- 
pily responded.  Mr.  Car|)enter  was  buried  in  the  beautiful  Forest  Home 
Cemetery  in  the  suburb  of  Milwaukee,  and  a  monument  is  to  be  erected 
over  the  spot  by  the  spontaneous  offering  of  his  friends  and  admirers 
throughout  the  stale. 

His  family  consisting  of  Mrs.  ('arjH'uter,  daughter  Lillian  and  son 
Paul,  reside  at  the  family  mansion  in  Milwaukee,  and  ample  means  were 
left  by  Mr.  C'arpenter  to  insure  the  c<5mfort  of  his  family  for  life. 


THK    HKNl  H    AND    I!  A  R    OK    WIStnNSlN.  147 

• 

The  writer  who  shall  attem])t  to  analyze  the  life,  talents  and  charac- 
ter of  Matt.  H.  Carpenter  will  i)erhaps  find  a  key  in  the  proposition  that 
he  was  above  all  else  a  lawyer.  This  fact  formed  his  mental  habits, 
sha{>ed  his  convictions,  and  in  no  slight  degree  molded  his  moral  constitu- 
tion. It  accounts  for  some  of  the  most  notable  achievements  and  some  of 
the  errors  that  his  more  elaborate  biographer  will  be  called  upon  to  record. 
His  best  s[K*e<:hes  in  the  senate  have  been  delivered  when  he  had  to 
deal  with  legal  (piestions  and  such  as  called  for  the  essentially  lawyer- 
like method  of  discussion.  When  the  occasion  arose  for  a  broader 
grasp,  and  for  a  manner  of  treatment  that  may  be  called  statesman-like, 
in  contradistinction  to  lawyer-like,  he  was  sometimes  disappointing. 
Moreover,  he  seems  at  times  to  have  expended  less  effort  in  kee|)ing  his 
parly  right  than  in  showing  how  ingeniously  it  could  be  defended  when 
it  was  wrong. 

.Mr.  Cari»enter*s  brilliant  success  at  the  bar  and  his  jonspicuous 
>crvices  in  the  arena  of  national  legislation  won  for  him  a  more  than 
continental  reputation,  and  attrai  ted  to  him  in  a  high  degree  the  atten- 
tion of  his  fellow  (ountrvmen,  so  that  in  his  dav  he  was  one  of  the  most 
rr)nspi«:uous  of  .Americans.  It  is  the  fate  of  all  who  oct:u|)y  so  promi- 
nent a  place  in  the  public  eye  to  be  the  subject  of  some  popular  delu- 
>ions,  and  Mr.  ('arpenter  did  not  es<  ajie.  One  of  those  is  deserving  of 
c<»rrection  for  the  benefit  of  vouni^er  memi)ers  of  the  profession.  This 
impression  assumes  him  to  have  been  a  gifted  man  of  ind<jlent  habits, 
and  his  most  eloquent  utterances  and  most  jirofound  arguments  to  have 
been  the  easy  products  of  someiliing  which  it  is  common  to  rail  genius. 
Nothing  <:ould  be  f^irther  from  the  truth.  In  his  lase,  as  it  may  be 
sus(>e<  ted.  in  most  cases,  genius  is  the  capacity  and  willingness  to  work 
sixteen  hours  out  of  twenty-f<;ur  to  win  his  j)roud  position  at  the  bar. 
Mr.  Carpenter  did  not  fail  to  compiv  with  the  ( ondiiions  prest  ribed  by 
the  great  Roman  lawyer,  and  dedi(  ated  tweniv  years  to  no<  turnal 
studies.  He  was  an  indefatigable  wt)rker;  and  notwithstanding  the 
lhorr>ughncss  of  his  etjuipment  and  the  readiness  with  whirh  he  roin- 
manded  the  best  wcajKjns  in  his  arsenal,  he  devoie<l  labored  prej»aralion 
to  everv  cause  in  which  he  enlisted.  It  is  to  be  wishe<i  that  this  mav 
nave  some  influence  in  impressing  upon  the  young  lawyers  ot  \Vis(  on>in 
that  the  profession  reserves  its  highest  rewards  for  those  who  **s<.)rn 
delights  and  spend  laborious  days." 

Among  the  many  notable  public  efforts  made  by  Mr.  Carpenter,  he 


14s  TIIK    HKNCH    AND    BAR    OF    WISCONSIN. 

m 

considered  his  celebrated  Janesville  speech  the  best  he  ever  made;  yet 
it  is  none  the  less  true  that  the  effect  of  this  very  speech,  which  was 
published  at  the  time,  was  the  means  of  defeating  his  reelection  to  the 
senate  in  1875. 

As  an  evidence  of  the  foresight  of  Mr.  Carpenter  it  may,  in  justice 
to  his  memory,  be  said  that  he  was  one  of  the  earliest  to  prognosticate 
the  railroad  monopoly  that  is  now  upon  the  country,  and  delivered  an 
address  upon  that  subject  at  the  state  fair  at  Madison,  ten  years  or 
more  since,  attracting,  however,  little  attention  to  what  the  subject 
demanded. 

Politically  he  had  been  a  democrat.  Although  seeking  and  holding 
no  office,  except  for  one  term  as  district  attorney  of  Rock  county,  he 
gained  distinction  in  advocating  the  measures  of  the  democratic  party. 
He  took  an  active  part  as  a  political  speaker  in  the  presidential  cam- 
paigns of  1856  and  i860.  In  the  latter  he  was  a  staunch  adherent  and 
ardent  admirer  of  Stephen  A.  Douglass.  He  saw  with  regret  the  suc- 
cess of  Mr.  r.incoln,  and  his  inauguration  as  president.  But  when  the 
southern  states  assumed  the  altitude  of  rebellion  against  the  laws  and 
just  authority  of  the  government  of  the  United  States,  he  sprang  with 
uncalculating  patriotism  to  the  defense  of  the  lawful  government  of  his 
country.  With  the  foresight  and  ability  of  a  statesman,  he  defended  its 
right  to  maintain  by  force  of  arms  the  national  existence.  He  tram))led 
under  his  feet  all  narrow  party  prejudices,  and  supported  with  unre- 
served zeal  all  the  measures  of  Mr.  Lincoln's  administration  which  were 
adopted  to  defeat  the  armed  enemies  of  the  Union,  until  the  rebellion 
was  finally  sup])ressed.  His  patriotic  appeals  and  stirring  eloquence 
did  much  to  keep  alive  the  fires  of  patriotism  in  the  hearts  of  his  former 
political  associates  in  this  state,  while  his  unselfish  devotion  to  his  coun- 
try and  its  lawful  government  kept  him  wholly  clear  of  the  rocks  of  a 
halting  support  and  the  (piicksands  of  a  fjualified  and  half-hearted 
upholding  of  the  government,  on  which  the  reputations  of  so  many 
prominent  politicians  were  stranded,  or  in  which  they  were  sunk. 

.Xngis  Camkron,  La  Oosse,  was  born  in  the  town  of  Caledonia, 
r,ivingston  county.  New  York,  on  the  4th  day  of  July,  1826.  His  father's 
name  was  Duncan  Angus  Cameron,  and  his  mother*s  name  before  her 
marriage  was  Sarah  Mac  Call.  His  father  was  the  son  of  Angus  Cam- 
eron   and   Katharine   MacPherson.     He  was  born  in   Inverness-shire, 


THK    HENCH     AND    llAk    <>^     \VI>CoNMN.  !4l> 

Scotland,  in  1784,  and  came  to  America  with  his  parents  in  the  year 
1800.  They  settled  in  Caledonia  in  1803.  The  county  was  then  a 
wilderness.  His  mother  was  the  daughter  of  Hugh  Mac  ('all  and  Mary 
Campbell,  and  was  bom  in  Argyieshire,  Scotland,  in  1788.  She  came 
10  America  with  her  father's  family  in  1809.  Angus  Cameron's  father 
attended  the  parish  school  of  his  native  parish  until  he  emigrated  to 
America.  He  possessed  a  quick  and  strong  natural  intellect,  and 
acquired  education  rapidly.  He  was  well  educated  in  the  branches 
then  taught.  He  was  an  industrious  reader  all  his  life,  and  was  tlior- 
oughly  versed  m  history  and  religious  subjects.  He  freciuently  held 
local  offices.  His  judgment  was  excellent  as  far  as  his  knowledge  or 
information  extended.  He  was  often  consulted  by  his  neighbors  on 
business  matters,  and  his  advice  was  highly  regarded  by  his  acquaint- 
ances. He  very  frequently  made  wise  remarks,  that  are  <iuoted  to  this 
day  in  the  neighborhood.  His  mother  was  also  well  educated,  for  the 
time  in  which  she  lived.  She  possessed  strong  natural  sense.  His 
mother  died  at  Caledonia  in  1864,  and  his  father  in  1S72.  His  |>arenls 
and  their  ancestors,  as  far  back  as  the  days  of  John  Knu.x,  were  rigid 
Prcsbvterians. 

He  began  attending  the  district  sc  hool  when  he  was  five  years  of 
age.  He  attended  school  winters  and  w(jrked  on  his  father's  farm  sum- 
mers until  he  was  thirteen  years  of  age.  His  father  ilicn  sent  him  to 
the  Genesee  Wesleyan  Seminary,  at  Lima,  Livin^^ton  county.  New 
York.  This  was  an  institution  of  high  grade  fur  its  <  las^.  He  attended 
this  seminary  three  years.  He  also  attended  an  a(  adciny  at  (ieneseo, 
Livingston  county,  one  year.  He  taught  x  hool  when  he  was  tittcen 
years  of  age,  and  continued  to  teach  winters  until  he  was  twent\-two 
years  of  age.  He  taught  one  year  in  the  seminary  at  Lima.  He  was  a 
good  I^tin  scholar;  was  also  good  in  mathemati<  >  and  in  moral  and 
natural  science. 

He  entered  the  law  office  of  Wadsworth  «S:  ('amcron,  at  Buffalo,  New 
York,  in  .April,  1850,  as  a  law  student.  He  swept  and  dusted  the  ottu  e. 
copied  and  served  papers,  and  made  himself  generally  useful.  He  w.is 
so  useful  that  Jie  was  paid  a  salary  of  two  luvndred  dollars  tlu-  second 
year.  He  graduated  at  the  National  Law  Sihool  at  Iiallst(»n  Sjja,  Sara- 
toga county,  in  March  1853,  and  was  admitted  to  the  bar  at  Albany, 
New  York,  in  April  1853.  After  he  was  admitted  he  returned  to  the 
office  of  Wadsworth  \'  Cameron,  and  continued  there  until  tiie  spring  of 


■Ltej 


150  THE    BK.NCH    AND    HAR    OF    WISCONSIN. 

1856.  In  April,  1856.  he  formed  a  copartnership  with  Frederick  H.  Wing, 
in  the  banking  business,  under  the  firm  of  Cameron  &  Wing,  and  was 
engaged  in  banking  at  Buffalo  until  the  spring  of  1857. 

He  was  married  at  the  town  of  Urbana,  Steuben  county.  New 
York,  to  Mary  Baker,  on  the  21st  day  of  February,  1856.  She  is  a 
daughter  of  William  Baker,  and  a  granddaughter  of  Samuel  Baker,  a 
revolutionary  soldier,  who  settled  in  that  town  in  1790.  Her  mother 
was  of  Holland  Dutch  descent.  Her  grandmother  was  a  first  cousin  of 
Martin  Van  Buren,  the  eighth  President  of  the  United  States.  He  re- 
moved with  his  wife  from  Buffalo  to  F^a  Crosse,  Wisconsin,  in  the  month 
of  September,  1857,  and  they  have  ever  since  resided  at  La  Crosse. 
His  wife  is  still  living.     They  have  no  children. 

He  formed  a  law  partnership  on  his  arrival  at  La  Crosse  with  Alonzo 
Johnson,  under  the  firm  of  Johnson  &  Cameron.  This  firm  continued 
until  the  death  of  Mr.  Johnson,  in  May  i860.  On  the  first  day  of  De- 
cember, 1S61,  he  formed  a  law  ])artncrship  with  Joseph  W.  Losey,  under 
the  firm  of  Cameron  i\:  Losey.  Mr.  Losey  and  he  are  still  law  partners. 
Charles  W.  Hunn  became  a  partner  with  them  on  the  ist  of  September, 
1875,  and  the  firm  has  since  been  Cameron,  Lo.sey  ^:  Bunn.  He  was  a 
member  of  the  Wisconsin  state  senate  two  terms  of  two  years  each  — 
1863  and  1864,  al.so  1871  and  1872.  He  was  a  member  of  the  assembly 
of  Wisconsin  two  years —  1866  and  1867.  He  was  speaker  in  1867.  He 
was  a  delegate  to  the  Maltimore  republican  convention  in  1864.  He 
was  one  of  the  regents  of  the  University  of  Wisconsin  for  nine  years  — 
from  1866  to  1875.  He  was  elected  to  the  .senate  of  the  United  States 
in  January  1875,  and  was  reelected  in  ALirch  1881.  He  was  an  anti- 
slavery  whig  in  politi<:s  until  the  formation  of  the  republican  party,  when 
he  attached  himself  to  that  party.  He  has  always  been  regarded  as  a 
radical.  Senator  Cameron  has  been  a  republican  of  the  straightest  kind 
since  the  formation  of  that  party ;  an  ardent  worker  in  the  cause,  never 
an  office-seeker,  and  has  proved  in  every  station  in  which  he  has  been 
placed  a  most  reliable,  consistent  and  useful  public  servant. 

In  the  United  Slates  senate  his  career  has  not  been  conspicuous  as 
a  speaker,  but  few  members  have  accpiired  more  influence  than  he  has 
as  a  worker,  and  of  unselfish  statesmanshij).  He  has  occupied  member- 
ship of  some  of  the  most  im|)ortant  committees,  and  also  has  been 
placed  on  im])ortant  select  committees,  one  of  which  was  the  investiga- 
tion of  alleged  frauds  in  South  Carolina  at  the  presidential  election  of 


i. ±.-.k.Ml 


THF.    HF.NCH    AND    BAR    OF    WISCONSIN.  151 

1876,  and,  as  chairman  of  it,  made  a  report  which  was  considered  able 
and  exhaustive,  and  attracted  general  public  attention.  It  may  truth- 
fully be  said  that  there  is  no  man  in  public  life  of  more  sturdy  upright- 
ness, and  who  possesses  to  a  greater  degree  the  confidence  of  the 
country  than  Senator  Cameron. 

MEMBERS   OF   CONGRESS. 

Morgan  L.  Martin,  Green  Bay,  was  born  in  Martinsburg,  Lewis 
county,  New  York,  March  31,  1805.  He  completed  the  common  school 
course  earlier  than  usual.  Entering  Hamilton  College  he  graduated  in 
1824  at  the  age  of  nineteen.  He  pursued  legal  studies  for  two  years  in 
the  office  of  Collins  cS:  Parish,  at  Lowville,  New  York.  At  the  end  of 
this  lime  he  removed  to  Detroit,  Michigan,  where  lie  continued  the 
study  of  law  in  the  office  of  H.  S.  Cole,  and  was  admitted  to  the  bar  in 
1827.  He  removed  to  Green  Bay  in  May  of  the  same  year,  and  became 
the  legal  adviser  of  the  place.  In  July  1S33  he  visited  the  mouth  of  the 
Milwaukee  river  and  there  found  Peter  and  Soloman  Juneau's  cabin,  and 
in  September  of  the  same  year  he  again  visited  the  place  and  entered 
into  a  verbal  contract  with  Soloman  luneau  for  the  undivided  half  of  his 
claim,  composing  the  territory  ui)on  which  the  city  of  Milwaukee  now 
stands.  He  together  with  Juneau  made  the  first  ])lat  of  the  i  ity,  and  put 
it  u|)on  record  in  1835.  To  Morgan  I..  Martin,  as  well  as  to  Soloman 
Juneau,  belongs  the  honor  of  founding  the  city  of  Milwaukee.  In  185  i 
he  became  identified  with  the  Fox  River  improvements,  and  gave  it  his 
attention  until  1858.  In  this  enterprise  he  lost  much  of  his  fortune 
but  preserved  his  integrity.  In  1861  he  entered  the  United  States  ser- 
vice as  paymaster.  He  retained  this  position  until  1865,  when  he  re- 
signed and  returned  to  Green  Bay,  where  he  resumed  his  legal  practice. 

In  1831  he  was  chosen  a  member  of  the  territorial  legislature  of 
Michigan,  and  served  in  that  body  until  Michigan  became  a  slate. 
After  the  organization  of  Wisconsin  territory  he  served  in  her  assembly 
from  1838  to  1844,  after  which  he  declined  a  reelec  lion.  In  the  follow- 
ing year  he  was  elected  to  congress  and  served  one  term.  He  was 
president  of  the  second  constitutional  convention  of  Wisconsin  in  184S, 
and  member  of  the  state  legislature  during  the  sessions  of  1855,  1.S5S, 
1859  and  1874.  After  the  latter  date  he  withdrew  from  politic  s.  In 
1875  he  was  chosen  county  judge  of  Brown  county,  where  he  still  serves. 
Judge  Maxtin  is  one  of  the  pioneers  of  Wisconsin,  both  in  citizenship 
and  in  the  practice  of  the  law,  as  well  as  law  maker. 


15'"^  THK    BENCH    AND    HAR    OF    WISCONSIN. 

John  H.  Tweedy,  Milwaukee.  This  early  practitioner  of  the  Mil- 
waukee bar  was  a  native  of  Connecticut,  having  been  born  at  Danbury 
in  that  state  November  9,  181 4.  His  early  education  prepared  him  for 
college  which  he  entered,  and  became  a  graduate  at  Yale  in  1834.  De- 
ciding to  enter  the  profession  of  law,  he  commenced  its  study  with 
Reuben  Booth,  of  Danbury,  completed  his  course  at  the  Yale  Law 
School,  and  was  admitted  to  the  bar  at  New  Haven  in  July  1836.  In 
October  of  the  same  year  he  came  to  Milwaukee  and  entered  into  prac- 
tice, which  he  conducted  until  November  1847,  and  after  the  year  of 
1844  a  partnership  with  Hans  Crocker  was  formed  under  the  firm  of 
Tweedy  v\:  Crocker.  During  the  years  of  1839,  1840  and  1841  Mr. 
Tweedy  held  the  office  of  commissioner  and  receiver  of  canal  lands. 
In  1842  he  represented  Milwaukee  county  in  the  territorial  council;  in 
1846  was  a  member  of  the  first  constitutional  convention  for  the  forma- 
tion of  a  state  government ;  in  1845  was  candidate  for  mayor  at  the  first 
city  election  of  Milwaukee;  in  1847  was  elected  delegate  to  congress; 
in  May,  1848,  he  drafted  and  procured  the  passage  of  the  enactment  admit- 
ting the  state  of  Wisconsin  into  the  Union ;  was  the  whig  candidate  for 
governor  at  the  first  election  of  state  officers;  in  1850  was  nominated 
for  member  of  congress  by  the  whig  party  for  first  congressional  district, 
which  he  declined;  in  1848  was  appointed  postmaster  of  Milwaukee, 
which  office  he  resigned  after  serving  a  few  months;  in  1852  he  repre- 
sented the  first  ward  of  Milwaukee  in  the  legislative  assembly;  was  one 
of  the  first  directors  of  the  Milwaukee  ^:  Mississippi  railroad,  which 
was  the  pioneer  railroad  of  Milwaukee,  and  served  as  director  until  in 
August  1853,  when  he  resigned  and  was  an  organizer  and  one  of  the 
directors  of  the  Milwaukee  tSc  Watertown  railroad,  now  a  part  of  the 
main  line  of  the  Chicago,  Milwaukee  iS:  St.  Paul  railway. 

Mr.  Tweedy  was  a  pioneer  in  inaugurating  the  railway  system  of  the 
state,  and  for  many  years  gave  his  active  personal  attention  to  starting 
and  extending  railroad  lines.  He  was  an  early  settler  in  Milwaukee, 
has  always  taken  a  deep  interest  in  municipal  affairs,  and  intimately 
identified  with  city  improvements.  After  eleven  years'  practice  of  his 
{)rofession  ill  health  compelled  him  to  relinquish  the  business,  possessing 
ample  means  to  enable  him  to  do  so. 


^-k 


» 


r:'> 


THK    |{KN(  H    AM)    V.  \k    OF    WISCONSIN.  1  o' 

William  Pitt  Lvndk,  Milwaukee,  was  horn  at  Sherburne,  New 
York,  Dtrcember  i6,  i8i7,and  is  the  son  of  Telly  and  Elizabeth  Warner 
I.ynde,  both  of  whom  were  natives  of  Massachusetts  and  removed  to 
Sherburne  in  1800,  where  the  father  was  engaijed  in  mercantile  busi- 
ness. William  Pitt  Lynde  was  named  after  that  eminent  Knglish  states- 
man of  whom  the  father  was  an  enthusiastic  admirer.  His  jjreparatory 
education  was  at  Hamilton  Academy,  Hamilton,  New  \'ork,  and  at 
Homer,  Cortland  county,  New  York.  He  entered  Hamilton  College 
in  1S34  when,  after  remaining  two  terms  in  that  institution,  he  entered 
the  sophomore  class  of  \'ale  College,  from  whi<  h  he  graduated  with  the 
highest  honors  in  1848,  on  which  occasion  he  was  chosen  by  the  ^class 
to  deliver  the  valedictory.  While  in  college  he  excelled  in  the  ancient 
languages  and  was  also  an  especially  proficient  (ireek  scholar.  I'pon 
leaving  college  he  entered  the  law  department  of  the  .New  York 
University,  then  presided  over  by  the  distinguished  Benjamin  I''. 
Bcnter,  who  was  attorney-general  under  President  \'an  Buren, 
and  Judges  David  Graham  and  Kent  were  of  liie  faculty.  Here  he 
remained  ore  year,  when  he  entered  the  Harvard  Law  S<  hool,  then 
under  the  direction  of  Judges  Story  and  (ireenleaf.  (iraduating  in  the 
spring  of  1 84 1,  he  was  admitted  to  the  bar  of  New  \'ork  at  the  May 
term  of  the  same  year  of  the  supreme  <  ourt  in  company  with  judge 
Field.     Chief  Justice  Nel.son  presided  on  the  occasion. 

In  the  autunm  of  1841  he  came  to  .Milwauk^'e,  and  early  in  the  follow- 
ing year  formed  a  law  partnerr^hip  with  .Mr.  Asahel  linch,  whirh  (  on- 
tinues  to  the  present  time.  In  1X57  Mr.  B.  K.  Miller,  son  of  Judiie  A  C. 
Miller,  of  the  United  States  district  court,  and  Mr.  H.  .M.  linth,  nephew 
of  the  senior  partner,  became  members  of  the  firm  \\hi<  h  'nas  .«>ince  been 
widelv  known  as  Finches,  I.vnde  tV  Miller. 

In  1S44  Mr.  Lynde  was  appointed  attorney-general  of  the  territory 
<if  Wisconsin,  which  office  he  resigned  in  1S45  to  arcejjt  that  of  United 
Stales  district  attorney  for  the  di^lric  I  of  Wisconsin.  Upon  the  admis- 
sion of  Wisconsin  as  a  state  into  the  Union,  hr  war»  elec  led  to  rcpre>enl 
the  first  district  in  congress,  and  served  from  I  )r(  eiii]»er,  1X47,  to  .Mar«  h, 
1S49.  In  i860  he  was  elected  mayor  of  Milwaukee,  and  htld  the  otti<  e 
two  years.  In  1866  he  was  ele(  ted  a  member  of  tiie  assembly,  and  in 
1868  was  elected  member  of  the  state  senate.  In  1874  he  was  again 
elected  member  of  congress,  and  during  his  term  was  a  member  of  the 
committee  on  the  judiciary   of  the  house  of  representatives.      He  was 


i^JL^i 


154  THE    BKNCH    AND    BAR    OF   WISCONSIN. 

also  one  of  the  managers  appointed  by  the  house  to  conduct  the  Belknap 
impeachment  trial  before  the  senate.  In  1876  he  was  reelected  to  con- 
gress by  a  very  large  majority. 

Mr.  Lynde  has  always  been  a  conservative  democrat,  but  was  instinc- 
tively opposed  to  slavery,  was  fully  in  accord  with  the  measures  for,  its 
abolition,  and  with  the  constitutional  amendments  securing  the  political 
and  civil  rights  of  the  blacks.  In  1867  he  made  a  six  months'  tour  of 
Europe,  visiting  (Ireat  Britian  and  continental  cities.  In  the  varied  and 
very  extensive  law  practice  of  his  firm,  Mr  Lynde  makes  a  specialty  of  ad- 
miralty and  patent  causes,  and  is  considered  to  be  more  familiar  with  cur- 
rent decisions  on  (luestions  of  commercial  and  admiralty  law  not 
surpassed  by  any  practitioner  in  the  Northwest,  and  is  also  thoroughly 
read  in  general  law.  While  forcible  before  a  jury  his  best  efforts  arc 
before  the  bench.  Mr.  Lynde  is  one  of  the  most  finished  scholars  and 
linguists  of  the  day,  is  a  diligent  student  of  ancient  and  modern  litera- 
ture, and  a  regular  reader  of  French  and  (Jerman  journals  and  periodi- 
cals. He  is  a  gentleman  of  blended  urbanity  and  dignity,  and  a  much 
res|)ected  citizen. 

A  few  days  after  his  admission  to  the  bar  he  married  Miss  Mary  E. 
Hlanchard,  May  24,  1841,  at  Truxton,  C'ortland  county,  New  York. 
Mrs.  Lynde  is  a  gifted  and  a  highly  accomplished  lady  and  a  graduate 
of  the  Albany  Female  .Xcademy,  where  she  took  the  first  prize  in  compo- 
sition, her  essay  having  been  read  before  the  faculty  by  William  H. 
Seward.  Of  active  mind  and  benevolent  disposition  she  is  foremost  in 
every  enter|)rise,  whether  public  or  private,  the  object  of  which  is  the 
benefit  of  the  community.  She  was  appointed  by  (iovernor  Fairchild  a 
member  of  the  first  board  of  directors  of  the  state  charitable  institutions 
and  held  the  ofiice  four  years;  was  one  of  the  founders  of  the  Protestant 
()r|)han  Asylum,  of  Milwaukee,  and  has  been  a  member  of  its  board  of 
direc  tors  since  its  organization  ;  was  the  prime  mover  in  founding  the 
Industrial  S(  hool  for  (iirls  in  .Milwaukee,  and  is  president  of  its  board 
of  directors;  and  has  been  for  many  years  a  member  of  the  Social 
Science  .Association  of  the  United  States,  to  the  publications  of  which 
she  is  a  frecpient  and  valued  contributor;  she,  as  well  as  her  husband, 
is  a  prominent  and  active  member  of  the  Emmanuel  Society  of  the 
Presbyterian  church  in  Milwaukee.  They  have  six  children  living,  the 
two  younger  sons  being  graduates  of  Yale  College  and  now  members  of 
the  bar. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  155 

A.  Scott  Sloan,  Beaver  Dam,  was  born  at  Morrisville,  Madison 
county,  New  York,  on  June  12,  1820.  His  father,  Andrew  S.  Sloan, 
was  a  lawyer;  his  mother  was  Mehetabel  Conkey.  He  had  common 
school  and  academic  education,  and  on  leaving  school  he  commenced 
studying  law  with  A.  L.  Foster,  who  represented  the  Madison  and  Onon- 
daga district  in  congress  in  1838.  He  studied  a  year  with  J.  Whip- 
ple Jenkins,  of  Verdon,  New  York;  was  admitted  to  practice  in  1842, 
and  practiced  at  De  Ruyter,  New  York,  from  1844  to  1847,  and  from 
1850  to  1854. 

He  moved  to  Wisconsin  in  1854,  and  settled  at  Beaver  Dam,  and 
has  resided  there  ever  since.  He  has  always  practiced  law,  except  when 
occupied  with  official  duties.  He  was  married  January,  1841,  at  Caze- 
novia.  New  York,  to  Angeline  M.  Dodge,  daughter  of  Reverend  John 
R.  Dodge,  a  presbyterian  clergyman.  They  have  six  living  children. 
His  only  brother  living  is  I.  C.  Sloan,  who  is  distinguished  as  a  lawyer 
and  statesman.  There  is  a  remarkable  coincidence  in  the  lives  and 
characters  of  the  two  brothers.  Judge  Sloan  was  a  Henry  Clay  whig, 
and  a  republican  from  the  organization  of  the  party  till  1872,  when  he 
supported  Horace  Greeley  for  the  presidency,  and  is  now  a  liberal.  He 
was  county  clerk  of  Madison  county.  New  York,  from  1847  to  1849  in- 
clusive; a  member  of  the  assembly  of  Wisconsin  in  1S57;  mayor  of 
Beaver  Dam  in  1858;  circuit  judge  from  September,  1858,  to  June,  1859  ; 
a  member  of  congress  from  1861  to  1863;  clerk  of  the  United  States 
district  court  from  1864  to  1866;  county  judge  of  Dodge  county  from 
1868  to  January  i,  1874;  was  attorney-general  from  1874  to  1878,  and 
was  elected  judge  of  the  new  thirteenth  circuit,  which  was  created  by 
the  legislature  of  1881. 

The  duties  of  the  office  of  attorney-general  during  a  portion  of  the 
term  in  which  Mr.  Sloan  served  was  unusuallv  arduous  and  laborious. 
After  the  passage  of  the  act  relating  to  railroads,  known  as  the 
Granger  law,  the  railroad  companies  employed  Messrs.  Curtiss,  Kvarls 
and  Hoar,  among  the  most  eminent  lawyers  of  the  country,  who  in  their 
opinions,  elaborately  written,  pronounced  the  law  unconstitutional  and 
void.  The  attorney- general  on  the  other  hand,  held  that  the  law  was  con- 
stitutional, and  a  legitimate  exercise  of  legislative  power.  Subsetpiently 
cases  involving  the  constitutionality  of  this  law  were  discussed  in  the 
United  States  circuit  court,  and  in  the  supreme  court  of  the  state,  and 
the  positions  taken  by  the  attorney-general  were  fully  sustained,  and  his 


15t)  THE    BENCH    AND    BAR    OF    WISCONSIN. 

course  of  reasoning  vindicated.  Having  completed  his  two  terms  as 
attorney-general,  to  the  entire  satisfaction  of  the  people  of  the  state, 
Judge  Sloan  returned  to  his  law  practice  at  Beaver  Dam,  and  entered 
upon  the  duties  of  circuit  judge  January  1882. 

Ithamah  C.  Sloan,  Madison,  was  born  in  Morrisville,  Madison 
county,  New  York,  May  9,  1822,  and  received  a  common  school  and 
academic  education,  after  which  he  entered  upon  the  study  of  law  with 
Timothy  Jenkins,  a  distinguished  lawyer  at  Oneida,  New  York;  was 
admitted  to  the  bar  as  an  attorney,  at  Ithaca,  in  1848,  at  the  second  term  of 
the  supreme  court  of  that  district  after  the  adoption  of  the  code  of  pro- 
cedure in  New  York,  by  which  the  forms  of  action  and  practice  as 
established  by  the  common  law  were  abolished,  and  the  code  of  pro- 
cedure the  same  as  now  prevails  in  Wisconsin  was  established.  From 
the  time  of  his  admission  until  1854  he  practiced  law  at  Oneida,  during 
which  year  he  came  to  Wisconsin  and  located  at  Janesville  in  the  busi- 
ness of  his  profession.  In  1858  he  was  elected  district  attorney  of  Rock 
county,  and  was  again  elected  to  the  same  office  in  i860.  Two  years 
later  he  was  elected,  by  the  republican  party,  member  of  congress,  and 
reelected  in  1S64.  During  his  service  in  the  house  of  representatives 
he  was  a  member  of  the  committee  on  public  lands,  on  claims,  and  on 
expenses  of  the  war  department  committee,  that  were  of  the  first  import- 
ance at  that  period  of  the  war  of  the  rebellion.  The  caieer  of  Mr. 
Sloan  while  in  congress  was  alike  honorable  and  useful,  and  he  came 
out  of  public  life  at  Washington  with  an  absolutely  clean  record.  His 
further  continuing  in  congress  was  precluded  by  the  then  iron-clad  rule 
in  his  district  that  a  representative  should  serve  only  two  terms.  Re- 
turning to  his  law  practice  at  Janesville,  it  was  continued  there  with 
eminent  success  until  1875,  ^vhen  he  removed  to  Madison,  and  became 
assistant  attorney-general  for  a  time  under  his  brother,  A.  Scott  Sloan, 
who  was  attorney-general.  While  acting  in  this  capacity,  and  afterward, 
he  was  engaged  in  prosecuting  the  granger  law  in  behalf  of  the  state 
against  the  railroads  violating  it  in  Wisconsin,  and  which  resulted  in  a 
complete  triumph  for  the  state.  For  many  years  Mr.  Sloan  has  been  in 
active  practice  of  law  in  Madison,  and  is  accounted  one  of  the  most 
eminent  lawyers  of  the  state.  For  profundity  in  matters  of  law,  his 
reputation  is  hi^h  and  well-founded.  He  is  a  close  student,  and  the 
merits  of  the  causes  he  undertakes  are  fully  sifted  to  the  bottom.     As 


THE    BENCH    AND    BAR    OF    WISCONSIN.  l*")? 

an  advocate,  few  men  have  the  like  happy  faculty  of  presenting  the 
points  of  his  cases  in  an  equally  terse,  concise,  clear  and  forcible  man- 
ner, while  his  style  is  courteous,  dignified  and  convincing. 

In  private  life,  no  citizen  is  more  upright,  courteous  and  public 
spirited.  For  several  years  he  has  been  one  of  the  faculty  of  the  law 
department  of  the  State  University. 

Amasa  Cobb,  Lincoln,  Nebraska,  is  a  native  of  the  State  of  Illinois, 
having  been  born  in  Crawford  county  in  that  state,  September  27,  1823, 
and  there  received  a  common  school  education.  In  1842  he  came  to 
Wisconsin  territory,  and  engaged  in  lead  mining.  During  the  Mexican 
war  he  served  as  a  private  in  the  United  States  army.  Having  entered 
upon  the  study  of  law,  he  was  subsequently  admitted  to  the  bar,  and 
commenced  practice  at  Mineral  Point.  In  1850  he  was  elected  district 
attorney,  and,  reelected,  served  in  that  office  until  1854.  Entering  poli- 
tics, he  was  elected  a  member  of  the  state  senate  for  the  term  of  1855- 
1856,  within  which  time  he  was  appointed  adjutant-general  of  the  state, 
and  filled  the  ofllice  from  1855  to  1858.  He  was  elected  member  of  the 
assembly  in  1859  and  the  subsequent  year,  and  was  speaker  of  that 
body  for  the  session  of  1861,  giving  his  voice  and  vote  to  the  support  of 
the  early  war  measures.  At  the  close  of  the  session  he  raised  the  men 
for  the  fifth  Wisconsin  regiment,  became  its  colonel,  and  went  to  the 
war.  While  in  the  service  he  was  elected  member  of  congress  in  1862, 
and  consecjuently  resigned  his  military  commission.  Ouring  the  recess 
of  congress  in  1864,  he  raised  another  regiment,  the  Korty-third  Wis- 
consin Infantry,  and  served  as  its  colonel  until  the  close  of  the  war, 
w^hen,  on  the  recommendation  of  Major-Ceneral  Hancock,  his  old  bri- 
gade commander,  he  was,  for  special  gallantry  at  the  battle  of  Williams- 
burg, brevetted  brigadier-general  of  United  States  volunteers.  He  was 
reelected  to  congress  in  1864,  1866  and  1868' 

Retiring  from  congress  in  187 1,  the  subject  of  this  sketch  removed 
to  Nebraska.  Locating  at  Lincoln,  the  capital  of  the  state,  he  entered 
upon  the  practice  of  his  profession,  and  was  interested  in  hanking.  In 
1878,  upon  the  death  of  Chief  Justice  (iault,  and  the  consecjuent  eleva- 
tion of  associate  Judge  Maxwell  to  the  office  of  chief  justice,  thus 
leaving  the  offtce  of  associate  judge  vacant,  (ieneral  Cobb  was  ap])ointcd 
by  the  governor  of  the  state  to  fill  the  vacancy  until  the  next  election. 
At  the  next  election  he  was  chosen  to  fill  the  unexpired  term  of  one 
year,  and  at  its  termination  reelected  for  the  full  j)eriod  of  six  years. 


158  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Charles  A.  Eldredge,  Fond  du  Lac,  was  bom  in  Bridgeport,  Ver- 
mont, February  27,  182 1,  and  went  when  young  with  his  parents  to  New 
York,  where  he  was  educated,  studied  law,  and  was  admitted  to  the  bar. 
In  1848  he  came  to  Wisconsin  and  located  at  Fonddu  Lac,  in  the  prac- 
tice of  law.  He  was  a  member  of  the  state  senate  for  the  term  of  1854 
and  1855.  Subsequently  he  was  elected  to  the  thirty-eighth,  thirty- 
ninth,  fortieth,  forty-first  and  forty-fifth  congresses  by  the  democratic 
party,  of  which  he  has  been  a  consistent,  prominent  and  stalwart  member. 

Halhert  E.  Paine,  Washington,  D.  C,  was  born  in  Chardon, 
Geauga  county,  Ohio,  February  4,  1826,  received  a  classical  education, 
graduating  at  the  Western  Reserve  College  in  1845.  He  then  entered 
upon  the  study  of  law,  was  admitted  to  the  bar  in  1848,  and  com- 
menced practice  at  Cleveland,  Ohio.  In  1857  he  came  to  Wiscon- 
sin and  located  at  Milwaukee.  On  the  breaking  out  of  the  war  of 
the  rebellion  he  entered  the  Union  Army  in  May,  1861,  as  colonel  of 
the  third  Wisconsin  regiment.  Immediately  taking  his  command  to 
the  front  he  served  with  a  distinction  that  promoted  him  to  the 
rank  of  brigadier- general  in  January  1863.  commanding  the  third 
division  of  the  Nineteenth  Corps,  and  at  the  last  assault  on  Port 
Hudson  lost  a  leg.  In  March,  1865,  he  was  brevelted  major-general 
and  resigned  in  May  of  the  same  year.  Returning  home  he  was  elected 
rei)rescntative  to  the  thirty-ninth  congress  on  the  republican  ticket, 
was  reelected  to  the  fortieth  congress,  and  again  reelected  to  the 
forty-first  congress,  and  served  from  December  4,  1865,  to  March  3, 
187 1.  When  in  congress  he  served  on  the  committee  on  reconstruc- 
tion, that  on  soldiers*  and  sailors*  bounties,  and  as  chairman  of  the 
committee  on  the  militia. 

In  1866  he  was  a  delegate  to  the  loyalist  convention  that  was  held 
at  Philadelphia.  Under  the  administration  of  President  Grant  General 
Paine  was  appointed  commissioner  of  patents,  and  served  several  years, 
when  he  resigned  the  office.  Retiring  from  public  life  he  made  his 
residence  in  Washington,  wliere  he  resumed  the  practice  of  law  and 
still  continues  in  his  profession  at  the  capital  city,  where  he  meets  with 
eminent  success. 

Distinguished  alike  at  the  bar,  in  the  field  and  in  public  civil  life, 
tin-  record  of  (leneral  Paine  is  one  of  which  the  people  of  Wisconsin  are 
proud.      In  this  state,  and  es|)erially  in  Milwaukee,  he  has  untold  num- 


THE    HUNCH    AND    BAR    OK    WISCONSIN.  l^U 

bcrs  of  warm  personal  friends.  Brave  in  war,  able  in  every  phase  of 
life,  with  utmost  purity  of  character,  urbane  in  deportment,  true  to 
friends  and  every  public  or  private  trust,  few  men  have  left  the  state 
more  regretted,  carrying  with  him  the  good  wishes  of  all  who  know  him. 

Charles  G  Williams,  Janesviile,  was  horn  in  Royalton,  Niagara 
county.  New  York,  October  i8,  1829  He  is  of  Now  England  parentage, 
his  father,  Deodat  Williams  being  a  native  of  Hartford,  Connecticut,  and 
his  mother,  Mary  Wright,  of  Shoreiiam,  Vermont.  After  the  marriage 
of  the  father  of  Mr.  Williams,  he  engaged  for  a  time  in  mercantile  busi- 
ness at  Shoreham,  Vermont,  from  whence  he  removed  to  Niagara 
county.  New  York,  where  he  took  up  land  on  the  Holland  purchase,  and 
during  the  remainder  of  his  life  was  engaged  in  farming. 

Charles  G.  was  the  youngest  of  a  family  of  ten  children.  His  early 
educational  opportunities  were  such  only  as  a  district  school  afforded, 
and  these  were  much  interrupted  by  poor  health.  When  quite  young 
he  devcloi>ed  a  fondness  as  well  as  an  aptness  for  public  speaking.  He 
was  instrumental  in  organizing  debating  schools  in  his  neighborhood, 
and  took  great  interest  and  pleasure  in  attending  and  taking  part  in  the 
discussions  at  these  schools,  and  in  later  life  has  often  remarked  that 
among  his  truest  and  most  esteemed  friends  arc  the  farmers  he  used  to 
meet  at  these  schools.  When  Mr.  Williams  was  about  fifteen  years  old 
he  conceived  the  idea  of  reading  law,  and  very  soon  thereafter  his  de- 
termination to  become  a  lawyer  became  fixed  and  unalterable.  He 
encountered  sore  disappointments,  and  at  times  what  seemed  to  his 
friends  insurmountable  obstacles,  but  he  never  waivered  in  his  purpose. 
At  first  his  father  did  not  encourage  his  son's  ambition,  but  observing 
how  resolutely  he  held  to  his  purpose,  he  entered  into  sympathy  with 
his  wishes,  and  determined  to  give  him  a  thorough  education,  prepara- 
tory to  his  entering  upon  the  study  of  the  profession  he  had  chosen, 
when  suddenly  death  came  to  the  father,  and  at  the  age  of  si.xteen 
Charles  was  left  not  only  without  the  counsel  and  sympathy  of  a  father, 
but  thrown  upon  his  own  resources  for  the  future.  Soon  after  this  event 
he  engaged  in  teaching  and  working  at  day  labor  during  vacations,  by 
which  means  and  with  some  aid  which  his  two  older  brothers,  E.  W. 
and  M.  B.  Williams  were  able  to  render  him,  he  succeeded  in  complet- 
ing a  thorough  academic  course  at  the  Genesee  Wesleyan  Seminary,  of 

Lima,  New  York. 

10 


liJ'^  THI-     HKNCH    AND    HAR    OF    WISCONSIN. 

He  commenced  the  study  of  the  law  in  the  office  of  Judge  L.  F.  & 
George  Brewer,  of  Lockpori,  New  York,  teaching  a  part  of  the  time  in 
the  \ng\\  school  of  that  phice.  In  1852,  he  removed  to  Rochester,  New 
York,  where  he  completed  his  law  studies,  and  was  admitted  to  the  bar 
in  1855.  ^^^  entered  at  once  into  the  practice  of  his  profession,  fully 
intendinj^  to  make  Rochester  his  permanent  home.  Soon  after  Mr. 
VV^illiams  was  admitted  to  the  bar  he  was  married  to  Miss  Harriet  Gregg, 
daughter  of  Benjamin  Gregg,  Esq.,  and  after  having  practiced  one  year 
at  Rochester  he  received  a  very  liberal  offer  from  the  late  Judge  David 
Noggle,  of  Janesville,  to  come  to  that  place  and  take  charge  of  his  legal 
business,  as  the  judge  at  that  time  contemplated  retiring  from  practice. 
The  elevation  of  Judge  Noggle  to  the  bench  soon  after  the  arrival  of 
Mr.  Williams  at  Janesville  gave  him  the  opportunity  of  entering  at  once 
into  a  good  legal  practice.  In  about  two  months  after  the  arrival  of  Mr. 
Williams  in  Janesville  he  buried  his  wife.  He  afterward  married  Mary 
A.,  eldest  daughter  of  Judge  Noggle,  with  whom  he  is  now  living,  and 
by  whom  he  has  two  children,  Kittie  A.  and  Ward  D.  In  politics  Mi. 
Williams  is  a  thorough  republican,  and  his  power  as  a  campaign  speaker 
very  soon  became  known  and  appreciated  by  the  people  of  his  adopted 
state,  and  from  the  very  first  year  he  came  to  Wisconsin  to  the  present 
time  no  important  political  campaign  has  occurred  in  which  large  drafts 
have  not  been  made  u])on  him  to  which  he  has  responded  with  an  ear- 
nest power  and  eloquence,  that  has  placed  him  in  the  very  front  rank  of 
political  speakers.  Notwithstanding  the  arduous  labor  performed  by 
him  in  this  direction,  he  had  a  large,  successful  and  constantly  increas- 
ing legal  business  in  both  civil  and  criminal  cases  in  Rock  and  adjoining 
counties,  and  was  always  able  to  maintain  his  position  in  the  front  rank 
of  his  profession.  As  a  lawyer,  Mr.  Williams  possesses  great  power  in 
discussing  questions  of  fact  to  a  jury,  but  does  not  lack  in  ability  to  pre- 
sent the  law  of  a  case  to  the  court  in  a  clear,  forcible  and  convincing 
manner.  He  never  entered  ui>on  the  trial  of  an  important  case  without 
careful,  painstaking  and  studious  preparation. 

In  the  year  1868  Mr.  Williams  was  a  republican  presidential  elector, 
and  the  same  year  was  elected  to  the  state  senate.  He  was  reelected  to 
the  state  senate  in  1870,  and  was  made  president  pro  tempore  and  chair- 
man of  the  judiciary  committee  of  that  body.  During  his  term  of  service 
in  the  state  senate  he  took  and  held  a  front  rank  among  its  leaders.  He 
was  nominated  by  acclamation,  and  elected  to  the  forty-third  congress 


THK    BENCH    AND    BAR    OF    WISCONSIN.  1  <>'5 

in  1872,  and  has  been  four  times  since  renominated  almost  without  op- 
position, and  elected  by  majorities,  ranging  from  four  to  six  thousand. 
No  member  of  congress  ever  enjoyed  in  a  higher  degree  the  respect, 
confidence  and  affection  of  his  constituency.  They  feel  a  just  pride  in 
his  record  and  in  that  marked  ability  which  has  given  him  a  position 
among  the  ablest  and  most  eminent  statesmen  in  congress.  After  his 
election  to  congress  he  felt  that  his  constituents  were  justly  entitled  to 
his  best  services,  and  hence  gave  up  his  law  practice  entirely,  and  has 
devoted  his  whole  time  to  his  congressional  duties.  His  reputation  and 
influence  in  congress  have  been  constantly  growing.  He  entered  upon 
his  congressional  career  with  becoming  modesty  and  reserve,  and  his 
every  act  and  word  has  been  characterized  by  sound  practical  judgment. 
After  careful  study  and  preparation  he  has  taken  part  in  the  discus- 
sion of  nearly  every  important  (juestion  that  has  come  before  the  house 
during  his  term  of  service,  among  which  may  be  mentioned  inter-state 
commerce,  centennial  exposition,  civil  rights,  force  bill,  specie  payments, 
('hinese  immigration,  electoral  count,  election  laws,  army  and  other  appro- 
priations. Some  of  his  speeches  have  been  extensively  circulated 
through  the  south,  as  well  as  in  the  north.  During  the  last  |)residential 
campaign  he  was  called  upon  to  speak  in  Maine,  Ohio,  New  York,  Indi- 
ana and  Minnesota.  Perhaps  one  of  his  best  efforts  was  his  oration 
delivered  at  Arlington  Heights  on  May  30,  1878,  the  occasion  being 
the  decoration  of  the  soldiers*  graves  in  the  national  cemetery  there. 
Mr.  Williams  is  emphatically  a  man  of  the  people,  and  never  hesitates  to 
es|>ouse  their  cause  without  regard  to  personal  conse(juences.  He  is  a 
man  of  great  decision  and  firmness  of  character,  thoroughly  honest  and 
consistent,  and  no  spot  or  blemish  has  ever  stained  the  purity  of  his  life. 

JoKL  Ai.LEN  Barber,  Lancaster,  was  a  native  of  Vermont,  and  was 
l>om  January  17,  1809.  He  worked  at  farming  until  his  eighteenth 
year,  when  he  entered  the  (ieorgia  .Academy,  and  fitted  for  college  ; 
entered  the  university  of  Vermont  in  the  summer  of  1829;  left  at  the 
end  of  two  and  a  half  years;  read  law  with  George  I*.  Marsh,  of  Bur- 
lington, and  was  admitted  to  the  bar  of  Prince  (ieorge  county,  Mary- 
land, in  1834.  He  returned  to  Vermont  and  practiced  at  Fairfield 
until  1837,  settling,  in  September  of  that  year,  at  Lancaster,  Wisconsin. 
Here  he  was  in  practic^  for  over  forty  years,  at  times  mingling  land 
operations  with  law  busine.ss,  but  not  enough  to  interfere  with  his  pro- 


104  THE    KENCH    AND    BAR    OF    WISCONSIN. 

fession.  His  knowledge  of  law  was  sound  and  extensive;  he  had  a 
high  standing  as  a  criminal  lawyer,  and  in  all  respects  had  long  been  an 
honor  to  the  profession.  During  the  forty  odd  years  that  Mr.  Barber 
was  a  resident  of  Grant  county  he  held  some  official  position  two- 
thirds  of  the  time;  was  district  attorney  three  terms;  three  times  a 
member  of  the  lower  house  of  the  legislature ;  one  term  in  the  state 
senate,  and  a  member  of  the  forty-second  and  forty-third  congress. 
Originally  Mr.  Barber  was  a  whig  of  free-soil  tendencies,  and  naturally 
identified  himself  with*  the  republican  party,  to  which  he  steadfastly 
adhered.     He  died  in  the  fall  of  1881. 

Gerry  W.  Hazelton,  Milwaukee,  was  born  at  Chester,  New  Hamp- 
shire, in  1829.  His  ancestors,  among  the  early  settlers  of  New  Hamp- 
shire, were  on  the  side  of  his  father  of  English,  and  of  his  mother  of 
Scotch,  origin. 

After  a  course  of  study  in  the  common  school  he  entered  Pinkerton 
Academy,  in  Derry,  New  Hampshire,  and  was  also  a  pupil  for  some 
time  of  Mr.  Crosby,  a  distinguished  teacher  for  nearly  a  half  century  at 
Nashua,  New  Hampshire.  In  1848  he  went  to  Amsterdam,  Ne>^York, 
where  he  commenced  the  study  of  law  with  his  kinsman,  the  late  Hon. 
Clark  B.  Cochrane,  at  the  same  time  pursuing  his  classical  studies  with 
a  private  tutor.  Admitted  to  the  bar  in  1852,  he  shortly  after  formed  a 
partnership  with  Hon.  S.  P.  Heath,  which  continued  till  1856,  at  which 
time  he  came  west  and  located  at  Columbus,  Wisconsin. 

In  i860  he  was  elected  to  the  state  senate,  and  served  as  a  member 
of  the  judiciary  committee,  and  chairman  of  the  committee  on  benevo- 
lent institutions.  Was  elected  president  pro  tem.  of  the  senate,  and 
reelected  to  the  same  office  at  the  extra  session  following  the  death  of 
Governor  Harvey.  At  the  second  regular  session  Mr.  Hazelton  was 
made  chairman  of  the  committee  on  federal  relations,  and  again  elected 
to  the  position  of  president  pro  tem.  of  the  senate.  He  was  also  ap- 
pointed at  the  same  session  chairman  of  several  important  special 
committees. 

Declining  to  be  a  candidate  for  reelection  to  the  senate,  Mr.  Hazel- 
ton resumed  the  practice  of  his  profession,  and  was  elected  prosecuting 
attorney  for  Columbia  county  in  1864,  and  before  the  expiration  of  his 
term  of  office,  in  March  1866,  was  tendered  and  accepted  the  position 
of  collector  of  internal  revenue  for  the  second  collection  district.     De- 


THE    BENCH    ANIi    HAR    OF    WISCONSIN.  10? 

dining  to  follow  President  Johnson  in  the  reconstruction  policy  he 
attempted  to  pursue,  Mr.  Hazelton  was  removed  in  less  than  a  year  to 
make  room  for  a  successor  who  sympathized  with  the  policy  of  the 
President. 

In  1869  he  was  appointed  United  States  attorney  for  the  district  of 
Wisconsin,  then  embracing  the  entire  state,  and  acted  in  that  capacity 
until  January  i,  187 1,  at  which  time  he  filed  his  resignation,  having 
been  elected  to  the  forty-second  congress  from  the  second  district  at 
the  preceding  election.  In  this  congress  he  served  as  a  member  of  the 
committee  on  privileges  and  elections,  and  also  of  the  committee  on 
expenditures  in  the  navy  department. 

In  the  appointment  following  the  census  of  1870  the  second  congres- 
sional district  was  changed,  by  the  substitution  of  Sauk  county  in  place 
of  Rock,  but  Mr.  Hazelton  was  nominated  for  a  second  term  by  accla- 
mation, and  reelected  by  a  large  and  gratifying  majority. 

In  the  forty-third  congress  he  served  on  the  committee  on  privileges 
and  elections,  and  also  as  the  second  member  of  a  new  committee  — 
that  of  war  claims  —  then  organized  for  the  first  time.  He  was  also 
appointed  by  speaker  HIaine  one  of  the  regents  of  the  Smithsonian 
University. 

The  subject  of  improving  the  Fox  and  Wisconsin  rivers  being  much 
agitated  by  the  people  of  the  state,  and  especially  thos^*  along  the  line 
of  these  rivers,  he  presented  the  subject  to  the  house  of  representatives 
in  March  1872  in  a  carefully  prepared  speech,  which  was  widely  pub- 
lished in  the  newspapers  interested  in  the  enterprise. 

Mr.  Hazelton  also  interested  himself  in  the  attempt  to  repeal  the 
bankrupt  law,  believing  the  same  to  be  as  administered  unfortunate  for 
both  the  debtor  and  the  creditor,  depleting  the  fund  which  might  be  ap- 
plied to  li<iuidate  honest  liabilities  to  |)ay  fees  to  attorneys,  registers  and 
assignees.  The  bill  introduced  by  him  passed  the  house  of  representa- 
tives by  a  vote  of  more  than  two-thirds  of  the  members,  but  failed  to 
pass  in  the  senate.  The  attempt,  however,  and  the  debate  which  it 
occasioned,  tesulted  in  a  modification  of  the  law,  and  a  large  reduction 
of  the  fees  and  costs. 

In  the  forty-third  congress  Mr.  Hazelton  took  an  active  interest  in 
the  subject  of  transportation  between  the  east  and  the  west,  supporting 
his  views  by  a  speech  on  the  floor  of  the  house  of  representatives  which 
was  reproduced  by  the  press  of  the  state. 


IDS  THK    BENCH    AND    IJAR    OF    WISCONSIN. 

It  was  during  the  first  session  of  this  congress  that  he  came  promi- 
nently into  notice  in  connection  with  two  contested  election  cases  from 
West  Virginia.  He  differed  from  the  chairman  and  other  members  of 
the  committee  in  regard  to  the  legality  of  what  was  known  as  the  August 
election.  Believing  firmly  in  the  correctness  of  his  position,  he  prepared 
a  minority  report,  sustained  by  only  one  other  member  of  the  committee 
of  eleven.  The  discussion  which  ensued  occupied  two  days,  and  was 
participated  in  by  many  of  the  ablest  lawyers  in  the  house  of  representa- 
tives. The  positions  assumed  by  Mr.  Hazelton  were  indorsed  by  a 
large  majority,  and  the  persons  elected  at  the  August  election  —  one  a 
republican  and  the  other  a  democrat  —  were  both  accorded  their  seats 
in  the  house  of  representatives. 

Mr.  Hazelton  made  a  strenuous  effort  during  his  second  term  to  get 
the  so-called  iron-clad  claims,  amounting  to  a  million  and  a  half  of  dol- 
lars, taken  out  of  the  lobby  of  congress  and  sent  to  the  court  of  claims, 
where  the  government  could  make  proper  investigations  and  present 
counter-proofs,  and  where  the  justness  of  the  claims  might  be  subjected 
to  a  close  and  careful  judicial  intpiiry,  which  could  not  be  done  by  a 
committee  of  congress  on  ex  parte  evidence.  He,  however,  failed  in 
his  purpose. 

Evidence  having  been  lodged  with  the  committee  on  privileges  and 
elections  that  Oeorge  Q.  Cannon,  delegate  for  the  Territory  of  Utah, 
had  openly  and  defiantly  upheld  the  system  of  polygamy  prevailing  in 
that  territory,  and  had  brought  himself  within  the  provisions  of  the  act 
of  July  I,  1862,  which  provides  that  every  person  having  a  husband  or 
wife  living  who  shall  marry  any  other  person,  whether  married  or  single, 
in  a  territory  of  the  United  States,  or  other  place  over  which  the  United 
Stales  have  exclusive  jurisdiction,  siiall  be  adjudged  guilty  of  bigamy, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
(\\c  hundred  dollars,  and  by  imprisonment  for  a  term  not  exceeding  five 
years.  Mr.  Hazelton  introduced  and  secured  the  adoption  of  a  resolu- 
tion, instructing  the  said  committee  to  investigate  such  charge,  and 
report  the  result  to  the  house,  and  recommend  such  action  on  the  part 
of  the  house  as  shall  seem  meet  and  proper  in  the  premises.  The  object 
of  the  resolution  was,  as  its  terms  indicate,  to  raise  the  question  of  the 
fitness  of  the  delegate  to  occupy  a  seat  in  the  house  of  representatives, 
and  to  secure  his  expulsion  if  the  charges  against  him  should  be  sus- 
tained by  competent  proof.     The  passage  of  the  resolution  created  a 


>...--.-^4Al^^£. 


THK    IJKNCII    AND    HAK    OK    WISCONMN  !()!! 

genuine  sensation  among  the  friends  of  the  delegate,  and  when  the 
matter  was  called  up  in  committee  a  motion  to  j)ost|)()ne  consideration 
of  the  subject  until  the  following  DectmbLT  was  carried  by  one  majority, 
and  the  object  of  the  resolution  thus  defeaied. 

Mr.  Hazehon  also  introduced  a  bill  dehnini^  the  hours  of  labor  in 
certain  cases,  designed  to  protect  the  street  car  conductors  of  the  street 
railroads  of  Washington  from  the  unreasonable  demands  of  their  em- 
ployers, who  exacted  fourteen  hours  as  a  day's  labor.  The  bill  ])assed 
the  house  of  representatives,  and  after  reaching  the  senate  was  sent  to 
the  judiciary  committee,  but  never  heanl  of  afterward. 

At  the  end  of  his  second  term  in  congress,  not  having  been  a  candi- 
date for  renominalion,  Mr.  Hazehon  resolved  to  return  at  once  to  the 
practice  of  his  profession.  About  the  same  time  he  was  offered  the 
{)ositton  of  United  States  attorney  for  the  eastern  district  of  Wisconsin. 
This  offer,  though  unsolicited  and  unexpected,  he  concluded  to  acce[)t. 
Removing  to  Milwaukee  in  August  1875,  he  entered  upon  the  duties  of 
that  office,  and  is  holding  the  same  at  the  present  time. 

No  member  of  congress  ever  came  out  ot  his  term  of  service  with  a 
cleaner  record  than  did  Mr.  Hazehon,  and  during  his  entire  labors  in 
the  house  of  representatives  his  course  met  the  untjualified  ajjprobation 
of  his  constituents. 

Although  holding  many  public  offices  durini^  his  residence  in  the 
state,  some  of  them  making  heavy  demands  on  his  time  and  attention, 
he  has  never  at  any  time  wholly  given  uj)  his  law  i)ractico.  Since 
assuming  the  duties  of  his  present  position  he  has  devoted  himself  en- 
tirely to  professional  pursuits. 

Mr.  Hazelton  ranks  among  the  ablest  of  lawyers  in  a  city  where 
ability  among  the  fraternity  is  by  no  means  the  e-xcci)tion.  Kminently 
successful,  he  brings  to  the  consideration  ol  every  case  extensive  learn- 
ing, sound  common  sense  and  unwearied  industry.  These  make  him  a 
safe  and  wise  counselor,  and  coupled  with  great  powers  of  analysis  and 
a  most  persuasive  elo<iuence,  enable  him  to  connnand  tVoin  courts  and 
juries  that  respectful  attention,  and  to  exert  ise  tncr  their  deliberations 
that  influence,  which  are  the  reward  of  a  thorough  training  in,  and 
adaptation  for,  his  profession. 

During  his  entire  residence  in  Wisconsin,  Mr.  Hazelton  has  been 
identified  with  public  interests,  and  has  responded  to  various  <  alls  from 
all  parts  of  his  state  for  addresses  and   lectures.     As  a  speaker  he  is 


172  THE    HENCH    ANI>    BAR    OK    WISCONSIN. 

The  same  diligence  and  exactness  in  the  performance  of  duties  marked 
his  career  in  congress.  With  four  clerks  and  himself  constantly  em- 
ployed, he  did  an  amount  of  work  during  his  two  years'  term,  rarely 
exceeded  by  even  an  old  member  of  congress.  He  is  the  first  native  of 
Wisconsin  who  has  represented  the  state  at  the  national  capitol.  He 
made  no  effort  for  a  second  term,  but  issued  a  masterly  address  to  his 
district  declining  to  contest  for  a  second  nomination.  Possessed  with 
ample  means,  built  up  by  his  own  life-long  labor,  Mr.  Magoon  has  gathered 
together  a  well  selected  law  and  literary  library,  comprising  over  four 
thousand  volumes.  Of  eminently  scholarly  tastes,  his  time,  not  devoted 
to  business,  is  employed  in  literary  pursuits,  and  it  is  understood  is  pre- 
paring a  history  of  Southwestern  Wisconsin,  which  he  is  capable  of 
making  of  great  value  and  interest.  Few  of  the  prominent  and  public 
men  in  this  state  unite  the  amiability  of  disposition  and  quiet  and 
courteous  demeanor  with  the  energy  of  character  that  mark  the  leading 
traits  of  the  subject  of  this  brief  sketch. 

Herman  L.  Humphrey,  Hudson,  was  born  at  Candor,  Tioga 
county,  N^w  York,  March  14,  1830.  His  education  was  in  the  public 
schools  with  the  addition  of  one  year  in  Cortland  Academy.  At  the 
early  age  of  sixteen  he  commenced  the  business  of  life  as  a  merchant's 
clerk,  in  Ithaca,  New  York,  where  he  remained  in  that  employment 
several  years.  Developing,  with  maturer  years,  a  preference  for  pro- 
fessional life,  he  left  mercantile  pursuits,  and  entered  upon  the  study  of 
law  in  the  office  of  Walbridge  &  Finch,  at  Ithaca,  where  he  remained 
until  he  was  admitted  to  the  bar  in  July,  1854.  Wisely  concluding 
that  the  new  western  country  offered  the  better  field  for  a  youthful 
practitioner,  lie  wended  his  way  to  the  flourishing  State  of  Wisconsin, 
and  selecting  Hudson  for  a  location,  settled  down  there,  and  where  he 
has  ever  since  remained.  Here  he  commenced  the  practice  of  the  law 
in  January,  1855,  and  soon  entered  upon  the  tide  of  successful  business. 
Not  long  after  this  auspicious  beginning,  a  vacancy  occurred  in  the 
office  of  district  attorney  for  that  county,  and  Mr.  Humphrey  received 
an  appointment  to  the  position,  holding  this  office  during  such  vacancy. 
In  the  fall  of  i860  he  was  appointed  by  the  governor  county  judge  for 
St.  Croix  county,  to  fill  a  vacancy,  and  was  elected  to  the  same  office  at 
the  regular  election  the  ensuing  spring,  for  the  full  term  of  four  years, 
commencing  January  i,  1862.     In  the  meantime,  having  been  elected 


i.. 


c^i*a^  W-  ^^  e^-"^-"  y 


^y 


^ii< 


cs^^Et^y  ft/.  /^ULpt~ir^t/y 


THE    BENCH    ANIJ    I!AK    OF    WISCONSIN.  175 

State  senator  in  the  fall  of  the  last  named  year,  he  resigned  his  office  of 
county  judge  in  February,  1862,  having  taken  his  scat  in  the  senate. 
This  was  right  in  the  height  of  the  war,  and  Senator  Humphrey  was 
found  conspicuously  acting  with  those  who,  with  voice  and  vote,  were 
active  in  maintaining  the  Union  soldiers  in  the  field  and  upholding  the 
hands  of  the  president.  After  the  fall  of  Fort  Donelson,  a  bill  was  intro- 
duced and  passed  the  assembly,  to  repeal  the  law  of  1861  that  gave  three 
dollars  a  month  to  the  wives  of  soldiers  who  enlisted  in  the  infantry. 
The  bill,  on  going  to  the  senate  immediately  passed  to  a  third  reading. 
.\t  this  juncture,  Senator  Humphrey,  although  a  new  member,  was  the 
first  to  come  forward  with  the  strong  objections  to  the  bill,  that  such 
action  would  be  an  unjust  violation  of  good  faith,  and  drive  the  men 
of  this  state  to  enlist  in  states  holding  out  better  inducements,  and 
enforcing  these  views  with  such  pointed  language,  that  the  question 
resulted  in  increasing  the  amount  to  (\yG  dollars  per  month,  and  to 
include  every  arm  of  the  service.  To  meet  the  payment  of  the  large 
sum  of  money  this  bill  would  call  for,  the  use  of  the  school  fund  was 
resorted  to.  Objections  to  so  using  these  funds  were  made  by  demo- 
crats, in  that  the  state  might,  at  some  future  time,  repudiate  the  debt. 
Senator  Humphrey  took  the  floor,  and  among  other  things,  said,  "  Let 
her  repudiate,"  adding  that,  as  trustee  of  the  school  fund,  the  state 
would  be  comi)elled  to  make  the  fund  good  in  any  contingency,  and 
that  this  measure  would  make  the  war  bonds  of  the  state  good ;  which 
proved  true.  He  also  introduced  an  amendment  to  the  state  constitu- 
tion to  add,  after  the  word  **  state,"  occurring  in  section  seven,  article 
eight,  "and  the  United  States,"  so  that  no  further  discredit  could  be 
brought  on  the  bonds  on  the  ground  that  they  had  been  issued  to 
defend  the  United  States,  and  not  the  state  in  time  of  war,  the  adoption 
of  which  would  have  saved  the  state  much  trouble  in  providing  for  its 
bonds  in  1865.  The  senator,  likewise,  made  a  speech  in  favor  of  the 
pro{>osition  to  permit  soldiers  in  the  field  to  vote,  which  received  high 
commendation  at  the  time,  both  by  those  who  heard  it  and  the  press. 
In  1865  Judge  Humphrey  was  elected  and  served  one  year  as  mayor 
of  Hudson,  and  in  the  spring  of  1866  was  chosen  judge  of  the  eighth 
judicial  circuit,  to  which  he  was  reelected  in  1872,  and  resigned  in 
March,  1877,  having  served  in  the  ofti<  e  from  January,  1867,  to  March, 
1877.  Although  not  strictly  a  politician,  the  judge  always  has  taken  a 
lively  and  well  informed  interest  in  the  political  affairs  of  the  country, 


ITG  THK    IIKNCH    ANIJ    HAR    OK    WISCONSIN. 

and  has  wielded  a  large  and  healthful  influence  in  the  republican  party; 
consequently,  when  a  successor  to  congressman  J.  M.  Rusk  was  to  be 
chosen  in  1876,  the  republicans  of  the  seventh  congressional  district- 
with  notable  unanimity  called  upon  Judge  Humphrey  to  accept  a 
nomination  for  member  of  congress.  Never  a  seeker  for  this  or  any 
other  political  promotion,  the  judge  deferred,  however,  to  the  compli- 
mentary call,  accepted  the  nomination,  and  was  elected  by  a  handsome 
majority.  Having  served  with  satisfaction  to  his  constituents  for  one 
term,  he  was  readily  reelected  to  the  second,  at  the  close  of  which  he 
expected  to  return  to  private  life,  wisely  giving  opportunity  for  others, 
aspiring  to  the  honors  of  the  office,  to  win  them.  But  his  many  friends, 
otherwise  disposed,  kept  his  name  in  the  field,  and,  on  the  assembling 
of  the  congressional  convention  in  1880,  he  was  nominated  on  the  first 
ballot,  notwithstanding  two  very  strong  competitors  were  candidates  for 
the  nomination.  His  reelection  resulted  by  a  majority  larger  than  has 
ever  been  given  to  any  member  of  congress  in  this  state.  Unobtrusive 
and  conservative  in  his  ways  of  life,  the  purity  of  character  of  Judge 
Humphrey  is  justly  appreciated  by  those  who  know  him.  The  sound- 
ness of  his  political  views  has  made  him  a  reliable  and  valued  member 
of  the  republican  party,  while  the  irreproachable  moral  principle,  and 
wide  statesmanship  range  of  thought,  that  are  his  characteristics  as  a 
public  man,  has  rendered  his  career  in  the  councils  of  the  nation  of 
enduring  benefit  to  the  country,  reflecting  honor  upon  his  immediate 
constituents  and  enduring  credit  to  his  public  career. 

George  Cochrane  Hazelton,  Boscobel,  the  subject  of  this  brief 
biography,  prominent  among  the  leading  self-made  men  of  Wisconsin, 
is  a  native  of  Cliester,  Rockingham  county,  New  Hampshire,  where  he 
was  born  January  3,  1833,  the  son  of  William  and  Mercy  J.  Cochrane 
Hazelton.  His  father  traced  his  ancestry  back  through  many  genera- 
tions of  sturdy  Englishmen,  and  in  his  own  life  exemplified  many  of 
those  traits  of  sterling  manhood  which  have  characterized  the  active 
career  of  his  son.  After  many  years  of  mercantile  life  he  turned  his 
attention  to  agricultural  pursuits,  settling  on  the  homestead  which  had 
been  in  the  family  name  for  three  generations,  and  there  reared  a  fam- 
ily of  six  children,  of  whom  George  was  the  fifth.  He  was  a  man  of 
firm  convictions,  and  took  a  decided  stand  against  every  form  of  oppres- 
sion, and  sternly  maintained  what  he  regarded  as  the  right.     In  politics. 


THE    BENCH    AND    KAR    OF    WISCONSIN.  K? 

he  was  formerly  a  Henry  Clay  whig;  but  upon  the  formation  of  the 
republican  party  warmly  esi)oused  the  principles  of  that  cause  and 
cherished  them  until  his  death.  The  mother  of  our  subject  is  descended 
from  an  old  and  noted  Scotch  family,  and  is  a  woman  of  rare  intelli- 
gence and  womanly  virtues,  and  to  her  influence  and  training  is  to  be 
attributed  much  of  that  nobleness  of  character  which  pervaded  her  new 
England  home,  and  which  showed  itself  in  the  lives  of  her  children. 
Always  taking  an  active  interest  in  current  topics,  she  entered 
heartily  into  the  discussion  of  political  and  other  questions,  around  her 
own  fireside;  and  even  now,  at  the  advanced  age  of  more  than  four- 
score years,  she  is  in  the  full  possession  of  all  her  faculties,  and  keeps 
herself  well-informed  on  the  public  issues  of  the  day. 

Under  the  influence  of  such  a  home  and  such  training,  George 
passed  the  first  sixteen  years  of  his  life,  spending  his  summers  in  hard 
work  on  his  father's  farm,  and  during  the  winters  attending  the  district 
school.  Here  his  character  was  formed;  and  here  was  instilled  into 
him  that  independence  of  thought,  that  firmness  and  decision,  that 
strong  belief  in  the  equal  rights  of  all  men,  and  that  fearlessness  of 
expression  which  have  characterized  all  his  doings.  He  learned  by 
experience  the  lessons  of  hard  necessity,  and  being  thrown  upon  his 
own  resources  for  means  to  gain  that  education  after  which  his  ambition 
reached,  he  cultivated,  early  in  life,  a  spirit  of  self-reliance  which 
revealed  to  him  the  strength  of  his  own  powers  and  enabled  him  to 
stand  on  his  own  independence. 

At  the  age  of  sixteen  years,  with  the  purpose  of  preparing  for  col- 
lege, he  entered  an  academy  at  Derry,  New  Hampshire,  and  afterward 
continued  his  academical  studies  at  Dummer  academy,  in  Oldtown,  near 
Newburyport,  Massachusetts,  under  the  instruction  of  Professor  Hen- 
shaw,  who  was  afterward  a  noted  teacher  in  Rutgers  College,  New 
Jersey.  During  the  years  of  his  preparatory  study  he  devoted  a  portion 
of  his  time  to  teaching  in  the  country  districts,  being  thus  enabled  to 
defray  his  expenses  and  secure  means  sufficient  to  enable  him  to  enter 
upon  his  collegiate  course.  He  was  a  thorough  and  close  student,  and 
such  had  been  his  diligence  and  application,  that  he  was  prepared  to 
enter  the  sophomore  class  of  Union  College,  at  Schenectady,  New 
York.  During  his  college  training  he  was  under  the  instruction  of  the 
venerable  and  celebrated  president  Nott.  In  college  he  maintained  a 
high  standing  of  scholarship,  paying  his  expenses  by  his  own  work,  and 


..     :i  .:•■« 


17H  THE    BENCH    AND    BAR    OF    WISCONSIN. 

in  1858  graduated  with  honor,  and  during  the  same  year  was  admitted 
to  the  bar  at  Malone,  New  York. 

During  the  following  five  years,  until  the  fall  of  1863,  with  the  excep- 
tion of  a  few  months  spent  in  the  treasury  department  at  Washington, 
D.C,  he  was  actively  engaged  in  the  practice  of  his  profession  at  Am- 
sterdam and  Schenectady,  New  York,  and  there  laid  the  foundations  of 
his  succeeding  professional  career.  Prior  to  this  time,  his  elder  brothers, 
William  and  (xerry  W.  Hazelton,  the  latter  of  whom  is  at  present  United 
States  district  attorney  at  Milwaukee,  had  settled  in  Wisconsin.  This 
fact,  together  with  his  desire  for  a  wider  field  for  the  employment  of  his 
talents,  decided  him  to  remove  to  the  west.  He  was  now  thirty  years  of 
age ;  and  having  decided  where  his  future  home  was  to  be,  although 
possessed  of  but  small  means,  with  a  firm  faith  in  his  own  merit  and 
ability,  he  wedded  Miss  Ellen  Van  Antwert,  of  Schenectady,  a  lady  of 
fine  accomplishments  and  attainments,  and  with  her  settled  at  Boscobel 
in  Grant  county,  Wisconsin,  where  he  still  resides.  Life  with  all  its 
opportunities  was  now  before  him,  and  with  a  mind  richly  stored  by  his 
years  of  study,  he  was  prepared  to  enter  with  vigor  into  his  work,  and 
make  for  himself  a  position  aud  name.  In  early  life  he  had  taken  an 
active  part  in  debating  societies  and  the  college  lyceum,  and  having  a 
native  talent  for  oratorical  display,  he  became  known  for  his  power  in 
that  direction.  These  gifts  were  now  brought  into  full  play,  and  gained 
for  him  a  marked  success  as  an  advocate,  and  soon  secured  to  him  an 
extensive  and  lucrative  law  practice. 

In  November,  1864,  one  year  after  .settling  in  his  new  home,  he  was 
elected  district  attorney  for  Cirant  county,  and  two  years  later  reelected 
for  a  second  term.  In  1867  he  received  an  election  to  the  state  senate, 
and  was  chosen  president  pro  tempore  of  that  body,  and  in  1869  was 
reelected  to  the  same  office.  His  ambition,  however,  was  to  gain  a  rep- 
utation as  an  able  lawyer,  and  with  a  view  to  establishing  himself  more 
firmly  in  his  profession,  he  devoted  the  next  five  years  to  close  and  dili- 
gent practice  in  the  state  and  United  States  courts.  His  success  was 
most  marked. 

During  all  his  life  he  had  been  a  close  observer  of  men  and  events, 
and  kept  himself  well  informed  on  all  questions  of  both  local  and 
national  interest.  And  being  by  nature  a  leader,  with  his  varied  attain* 
ments  and  rich  experience,  it  was  but  natural,  when  his  fellow-citizens 
were  seeking  a  man  to  re))resent  them  in  the  national  legislature,  that 


THE    BENCH    AND    BAR    OF    WISCONSIN.  170 

they  should  look  to  him  He  was  first  elected  to  that  body  in  Novem- 
ber, 1876.  At  this  time  the  majority  of  congress  was  democratic,  and 
Mr.  Hazelton,  being  a  staunch  republican,  found  few  opportunities  to 
lest  cither  his  ability  to  work,  his  knowledge  of  politics,  or  his  skill  in 
debate.  Notwithstanding  these  adverse  circumstances  at  the  opening 
of  his  public  life,  he  stood  firm  with  the  minority,  and  whenever  oppor- 
tunity offered,  by  his  readiness  and  ability,  and  force  in  stating  a  point, 
soon  began  to  command  the  attention  of  the  house.  In  1878,  when  he 
received  a  renomination,  the  leading  question  in  his  district,  the  third 
Wisconsin,  was  finance. 

Was  the  nation  to  have  an  honest  dollar  and  keep  faith  with  its 
creditors,  or  was  it  to  enter  upon  another  era  of  paper  inflation  ?  Upon 
this  (question  Mr.  Hazelton  had  clear  convictions  and  took  a  decided 
stand  for  a  speedy  return  to  specie  payment  as  the  only  sure  road  to 
future  national  prosperity.  With  a  majority  of  his  district  against  him, 
he  took  his  stand  upon  the  republican  financial  platform ;  and  although 
democrats  and  greenbackers  combined  to  defeat  him,  he  overcame  the 
majority  by  his  persuasive  arguments,  and  was  elected  to  the  forty-sixth 
congress.  During  this  congress,  in  February,  1879,  he  delivered  a  mas- 
terly speech  on  the  Powers  of  Government,  and  in  it  showed  a  thorough 
knowledge  of  the  political  phases  of  the  question,  and  exhibited  a  bold- 
ness of  thought  that  showed  that  he  had  been  a  careful  student  of  politi- 
cal history.  His  greatest  effort,  however,  and  that  which  ranked  him 
among  the  best  orators  of  the  house,  was  on  the  subject  of  national 
banks.  It  was  a  speech  in  favor  of  honest  money  and  national  good  faith, 
and  was  widely  published  at  the  time  and  commented  upon  by  the  daily 
press.  During  the  fall  of  1879,  at  the  time  of  the  congressional  canvas 
in  California,  he  went  thither  in  response  to  an  earnest  invitation  and 
assisted  in  the  campaign,  and  to  the  efforts  of  no  man  outside  the  state, 
more  than  his,  was  due  the  republican  victory  that  followed.  In  1880 
he  delivered  a  famous  address  at  Arlington  cemetery  on  Decoration  day, 
and  there  took  a  bold  stand  that  endeared  him  to  the  assembled  veterans, 
and  proved  to  them  that  they  would  find  in  him  a  warm  friend,  who 
would  leave  undone  nothing  that  could  be  done  to  secure  justice  to  those 
who  had  risked  their  lives  for  the  union.  During  this  same  year  he  was 
re-nominated  for  a  third  term  to  congress  and  elected  by  a  majority 
ranking  among  the  highest  ever  given  any  man  in  that  district  since  the 
close  of  the  rebellion.    In  social  life  Mr.  Hazelton  is  a  most  genial  com- 


-.— f-  i^i 


180  THK    HKNCH    AN' I)    BAR    OF    WISCONSIN. 

panion,  and  by  his  many  estimable  qualities  has  attracted  to  himself  a 
host  of  warm  friends.  Of  four  cliildren  who  have  been  born  to  him, 
two  are  now  living. 

Frank  and  outspoken,  and  firm  in  his  own  convictions  of  the  right, 
he  is  ready  always  to  maintain  what  he  believes ;  and  at  the  same  time 
no  man  is  readier  to  acknowledge  a  fault  or  make  amends  for  a  wrong. 
Mr.  Hazelton  is  a  fair  example  of  perseverance,  industry  and  self-reliance, 
and  now,  in  the  very  prime  of  his  powers,  well  illustrates  what  may  be 
accomplished  by  hard  work  and  a  faithful  adherence  to  an  honest  purpose. 

Edward  S.  Bragg,  Fond  du  Lac,  was  born  at  Unadilla,  Otsego 
county.  New  York,  February  20,  1827,  and  is  the  son  of  Joel  and  Mar- 
garetta  Kohl  Bragg.  He  was  prepared  for  college  at  Delaware 
academy,  Delhi,  and  entered  college  at  Geneva.  In  1848  he  com- 
menced the  study  of  law,  was  admitted  to  the  bar  at  Norwich,  Chenango 
county,  and  removed  to  Fond  du  Lac  in  1850.  He  entered  the  army 
as  captain  of  Company  E,  Sixth  Wisconsin  regiment ;  was  promoted  to 
major;  to  lieutenant-colonel ;  to  colonel;  to  brigadier-general,  in  com- 
mand of  the  celebrated  Iron  brigade,  and  he  was  mustered  out  in 
October,  1865.  He  resumed  the  practice  of  law  at  Fond  du  Lac;  was 
elected  district  attorney;  was  chosen  state  senator;  was  appointed  post- 
master, and  was  elected  member  of  congress  in  1878  and  again  in  1880. 

Gabriel  Bouck,  Oshkosh,  was  born  at  Fulton,  Schoharie  county, 
New  York,  December  16,  1828.  He  was  a  son  of  the  late  William  C. 
Bouck,  a  man  of  great  prominence  among  the  former  generation  of  New 
York  statesmen,  and  for  one  term  governor  of  the  state.  Gabriel 
graduated  from  Union  college  in  1847,  and  began  his  legal  studies  in 
the  office  of  Daniel  S.  Dickinson,  at  Binghamton.  Removing  to  Mil- 
waukee in  1848,  he  studied  for  some  time  with  Messrs.  Finch  and 
Lynde,  and  in  1849  was  admitted  to  the  bar.  Soon  after  he  removed  to 
Oshkosh  and  opened  an  office.  In  1857  he  was  nominated  over  E.  S. 
Bragg  as  the  democratic  candidate  for  attorney-general,  and  was  suc- 
cessful at  the  election.  His  term  included  the  years  1858  and  1859.  In 
i860  he  was  chosen  a  member  of  the  assembly,  and  again  in  1874,  serv- 
ing as  speaker  during  the  latter  year. 

The  first  notes  of  the  war  of  the  rebellion  summoned  Mr.  Bouck  to 
the  service  of  his  country.     In  a  very  few  days  he  organized  a  fine 


THE    BKNCH    ANU    BAR    OF    WISCONSIN.  181 

company,  and  tendered  its  services  to  the  governor.  It  became  the 
color  company  of  the  Second  regiment  of  Wisconsin  Volunteers,  and  he 
served  as  its  captain  during  the  early  campaigns  of  our  army  on  the  Poto- 
mac. After  the  battle  of  Shiloh,  where  Colonel  James  S.  Alban,  of  the 
Eighteenth  Wisconsin,  was  killed,  he  was  commissioned  to  succeed  him 
and  to  reorganize  the  regiment  which  had  suffered  severe  losses.  He 
ficrformed  this  task  with  great  vigor,  and  continued  to  command  the 
regiment  during  the  two  succeeding  years.  In  this  capacity,  or  as 
often  in  command  of  a  brigade,  he  fought  in  the  siege  and  battle  of 
Corinth,  the  battles  of  Jackson,  (Champion  Hills  and  Black  River,  the 
siege  of  Vicksburg  and  the  battle  of  Missionary  Ridge.  Colonel  Houck 
was  an  unsuccessful  candidate  for  congress  by  the  nomination  of  the 
democratic  party  in  1864  and  again  in  1874.  In  1876  he  was  elected 
a  member  of  the  forty-fifth  congress,  and  two  years  later  was  reelected. 
He  was  again  the  nominee  of  his  party  in  r88o,  but  was  defeated  by 
Richard  S.  Guenther. 

attor\ky-(;knkral.s. 

HfcNRV  S.  Bairi>,  Oreen  Bay,  was  born  in  Dublin,  Ireland,  May  16, 
iSoo.  His  father,  with  Thomas  Kmmet  and  other  exiles,  came  to 
America  in  1804.  Mr.  Baird*s  early  education  was  obtained  in  the  com- 
mon schools  before  the  age  of  fifteen.  He  was  an  attentive  student. 
At  the  age  of  eighteen  he  entered  a  law  office  in  Pittsburg,  Pennsylvania, 
and  was  afterward  a  law  student  at  Cleveland,  in  the  office  of  the  late 
(iovcrner  Wood,  of  Ohio.  Mr.  Baird  was  admitted  to  the  jjrartice  of 
law  by  Judge  I)oty,  in  June,  1823.  In  July,  1824,  he  came  to  Green 
Hay  and  attended  the  first  term  of  court  held  there.  He  subse(juently 
attended  the  first  term  of  court  held  in  Crawford  county,  at  Prairie  du 
Chicn.  He  may,  therefore,  be  claimed  to  have  been  the  oldest  attorney, 
professionally,  in  Wisconsin,  and  the  father  of  the  Wisconsin  bar. 

August  12,  1824,  he  returned  to  Mackinac,  where  he  was  married  to 
Elizabeth  L.  Fisher.  They  returned  in  September  of  that  year,  and 
located  where  the  Green  Bay  settlement  then  existed.  He  was  presi- 
dent of  the  first  legislative  council  of  the  Territory  of  Wisconsin,  whi<  h 
was  held  at  Belmont  in  1836.  l'|)on  the  organization  of  the  territorial 
government  he  was  appointed  attorney-general  by  (Governor  Dodge. 
In  1847  he  was  a  member  of  the  first  convention  to  form  a  state  <  onsti- 
tution,  which  met  at  Madison. 

11 


18'^  THK    BKNC  H     AND    BAR    OF    WISCONSIN. 

Among  services  of  a  public  nature  he  was  called  upon  to  render, 
was  frequent  and  prominent  participation  in  treaties  between  the  United 
States  government  and  the  Indian  tribes,  of  whom  he  was  the  steadfast 
friend.  He  was  president  of  the  village  board  in  1853,  and  mayor  of 
the  city  in  1861  and  1862.  He  was  secretary  to  Governor  Dodge  at  the 
great  treaty  made  at  Cedar  Rapids  in  1836,  wherein  the  Menomonees 
ceded  some  four  million  acres  of  their  country  to  the  government  of  the 
United  States.  He  continued  in  the  active  practice  of  his  profession 
until  about  the  year  i860;  when,  having  secured  a  competence  and  having 
otTier  business  on  his  hands,  he  practically  retired  from  practice,  although 
retaining  his  connection  with  the  bar,  serving  in  former  and  later  years  as 
the  honored  president  of  the  bar  association  of  Green  Bay.  His  death 
occurred  April  28,  1875.  He  had  supervision  of  the  Astor  property  in 
Green  Bay,  his  services  as  agent  dating  from  about  1862.  He  was 
scrupulous  and  exact  in  business  relations,  and  maintained  an  unim- 
peachable reputation  for  probity  and  faithful  stewardship. 

In  politics  he  became,  after  the  dissolution  of  the  whig  party,  a  re- 
publican, of  which  organization  he  always  remained  an  ardent  and  active 
supporter.  For  many  years  he  had  been  connected  with  the  Masonic 
fraternity;  and,  for  a  period  embracing  a  number  of  years,  one  of  the 
most  instrumental  in  contributing  to  its  prosperity. 

Perhaps  it  will  not  be  irrelevant  to  the  present  purpose  to  go  back 
to  the  year  1824,  when  Fort  Howard  was  garrisoned  by  four  companies 
of  the  third  United  States  infantry.  The  officers  and  their  families 
were  educated  and  accomplished  people,  with  few  sources  of  recreation, 
and  no  social  attachments  outside  their  immediate  military  circle. 
Naturally,  they  readily  formed  acquaintance  with  the  few  families 
who  sought  a  home  at  this  their  isolated  place.  The  result  was  a  mutual 
cultivation  of  social  qualities;  and  to  this  military  post,  may  be  indi- 
rectly traced  much  of  the  politeness  and  affability  of  manner  visible  in 
the  remnant  of  early  settlers  in  the  locality  of  the  old  fort.  Among 
these  officers  and  their  families  Mr.  Baird  and  his  young  wife  became 
great  favorites,  and  so  remained  till  the  post  was  broken  up  in  about 
1852.  The  generous  hospitality,  rare  politeness,  and  refinement  of  their 
home,  has  been  as  familiar  as  a  household  word.  Senator  Howe  said  at 
their  golden  wedding  anniversary,  that  in  coming  to  Green  Bay  they 
*'  brought  the  best  style  of  Christian  civilization  with  them  and  have 
cherished  it  ever  since."     There  are  two  daughters  who  survive  Mr, 


THE    BENCH    AND    BAR    OF    WISCONSIN.  18*5 

Baird.  Mrs.  John  A.  Baker,  of  Green  Bay,  and  Mrs.  Dr.  John  Favill,  of 
Madison.  The  State  Historical  Society  made  him  vice-president  of  it 
since  its  organization.  The  memory  of  this  just  and  good  man  will  be 
preserved  fresh  and  fragrant. 

A.  Hyatt  Smith,  Janesville,  was  born  in  New  York  city,  February 
5,  1814,  and  is  the  son  of  Maurice  and  May  Reynolds  Smith,  who  were 
natives  of  Westchester  county,  New  York.  The  ancestors  of  Mr.  Smith 
were  among  the  first  settlers  of  Long  Island.  His  father  dying  while  his 
son  was  yet  young,  he  entered,  in  his  early  life,  the  law  office  of  his 
guardian,  James  Smith,  and  devoted  himself  to  the  study  of  law  seven 
years.  At  the  same  time  he  pursued  his  literary  studies  in  the  private 
academy  of  Boretand  and  Forest,  then  the  first  classical  school  in  New 
York  city,  and  completed  his  education  at  Mount  Pleasant  seminary, 
which  was  under  the  management  of  Reverend  Samuel  J.  Prince.  Hav- 
ing completed  his  law  studies  Mr.  Smith  was  admitted  to  practice  in  the 
city  courts  of  New  York  in  the  summer  of  1835,  and  to  the  supreme 
court  of  the  state  in  1836,  under  rules  of  very  strict  requirement  now 
largely  abolished.  He  immediately  entered  upon  a  large  and  lucratire 
practice,  in  partnership  with  his  former  preceptors,  one  of  whom,  James 
Smith,  retiring  from  the  firm  on  account  of  failing  health.  Working  un- 
remittingly for  six  years  so  impaired  his  health  that  his  physicians 
advised  a  change  of  climate,  and  accordingly  he  came  to  Wisconsin, 
arriving  at  Janesville  on  November  22,  1842.  Here  Mr.  Smith  at  once 
invested  in  real  estate,  and  in  companies  to  improve  the  excellent  water 
power  at  that  place,  which  laid  the  basis  of  the  future  prosperity  of  this 
fine  inland  city. 

In  the  summer  of  1846  Mr.  Smith,  a  democrat,  was  elected,  in  a 
whig  district,  to  the  first  constitutional  convention,  and  in  1847  he  was 
appointed  by  Governor  William  Dodge,  attorney  general  of  the  territory, 
and  held  the  oflfice  until  the  state  was  admitted  into  the  Union.  In  i8j8 
he  was  appointed  United  States  attorney  by  President  James  K.  Polk, 
and  held  the  office  until  General  Z.  Taylor  became  President.  He  was 
the  first  mayor  of  the  new  city  of  Janesville  in  1853,  and  again  in  1857. 
For  many  years  he  was  a  regent  of  the  State  University.  Mr.  Smith  is 
widely  known  as  closely  identified  with  plank  road  and  railroad  projects 
of  early  days  in  the  state,  in  which  he  sank  a  fortune,  and  made  innu- 
merable enemies,  but   has  lived  to  see  his  early  railroad  plans  mainly 


I. 
11^- ... 


184  THE    IJENCH    AND    BAR    OF    WISCONSIN. 

brought  to  fruition  by  other  men  at  a  later  date.  Subsequently  he  built 
the  Hyatt  House,  a  large  hotel  at  Janesville,  which  was,  eventually, 
burned  January  1866,  as  did  his  mill  in  187  i.  He  then  moved  his  busi- 
ness to  Chicago,  opened  a  law  office  with  a  valuable  library,  only  to 
meet  destruction  in  the  great  conflagration  in  that  city  of  187 1,  together 
with  all  his  valuable  papers,  of  which  his  safe  was  no  protection. 

Mr.  Smith  was  made  a  Mason  at  Janesville  in  1847,  has  been  master 
of  the  lodge,  assisted  in  organizing  a  chapter  of  Royal  Arch  Mason,  at 
Janesville,  and  elected  to  the  order  of  Knights  Templar,  but  not  wished 
to  be  installed.  He  also  aided  in  organizing  a  Temple  of  Honor  at 
Janesville,  has  always  been  an  Episcopalian  and  a  democrat.  He  mar- 
ried Miss  Ann  Margaret  Cooper  Kelley  in  New  York,  on  April  4,  1838, 
and  has  five  surviving  children.  Mr.  Smith  has  passed  a  long  life  of 
surpassing  activity,  enterprise  and  indomitable  energy,  has  been  a  man 
of  mark,  clean  moral  character,  and,  in  his  declining  years,  still  hale, 
hearty  and  cheerful. 

James  S.  Brown,  Milwaukee,  was  born  in  Hampton,  Maine,  Febni- 
ar)(,  1824,  and  came  to  Milwaukee  in  1844,  where  he  commenc  prac- 
tice. In  June,  1848,  he  was  elected  the  first  attorney-general  of  the 
state,  and  served  to  January  i,  1850.  In  1861  he  was  mayor  of  Mil- 
waukee, and  in  1862  was  elected  member  of  congress,  and  served  one 
term.     He  died  in  Milwaukee,  April  16,  1878. 

Squire  Park  Coon,  Chicago,  was  born  in  Alexander,  New  York, 
about  1820.  He  was  educated  at  the  Alexander  Academy,  and  Nor- 
wich University,  Vermont.  He  early  settled  as  a  lawyer  in  Milwaukee, 
and  in  the  autumn  of  1849  was  chosen  attorney-general  on  the  ticket 
with  Governor  Dewey,  serving  during  1850  and  1851.  In  1861  he  was 
appointed,  by  (iovernor  Randall,  colonel  of  the  Second  Wisconsin  regi- 
ment ;  but  owing  to  some  misunderstanding,  he  soon  retired  from  his 
command.  At  Hull  Run  battle,  Colonel  Coon  served  with  distinction 
as  a  volunteer  aid  to  one  of  the  generals  on  the  field. 

Experience  Kstabrook,  Omaha,  was  born  in  Lebanon,  New 
Hampshire,  April  30,  1813;  studied  law,  and  was  admitted  to  the  bar; 
came  to  Wisconsin,  and  located  at  Geneva;  was  member  of  the  second 
constitutional  convention;  was  attorney-general  of  the  state  during  the 


THE    BENCH    AND    BAR    OF    WISCONSIN.  185 

years    1852   and    1853;    removed  to  the   territory   of   Nebraska,    from 
whence  he  was  delegate  to  congress,  and  is  now  a  resident  of  Omaha. 

George  B.  Smith,  Madison,  was  born  at  Parma  Corners,  Monroe 
county,  New  York,  May  22,  1823.  His  mother  died  while  he  was  yet 
an  infant,  and  in  the  year  1825  he  removed  with  his  father  to  Ohio, 
where  most  of  the  time,  until  the  year  1843,  he  lived  in  Medina.  In 
the  latter  year  he  came  with  his  father  to  Kenosha,  in  this  state,  then 
known  as  Southport.  He  had  pursued  the  study  of  the  law  at  Medina 
and  Cleveland  in  Ohio,  and  on  July  4,  1843,  was  admitted  to  practice 
at  Racine,  in  the  United  States  district  court,  A.  G.  Miller  presiding. 
August  29,  1844,  he  married  Miss  Eugenia  Weed,  and  settled  in  Madi- 
son, where  he  resided  and  practiced  law  until  his  death,  which  occurred 
September  18.  1879,  leaving  a  wife,  a  son  and  daughter.  He  was  attor- 
ney general  of  the  state  for  1854  and  1855. 

**  Though  a  young  man  when  he  came  to  this  state,  he  at  once 
took  a  leading  prominent  part  in  public  affairs,  which  he  continued 
to  take  through  all  of  his  active  life,  holding  many  offices  of  honor  in 
the  state.  He  was  a  member  of  the  first  constitutional  convention, 
attorney-general  of  the  state,  four  times  mayor  of  the  capital  city,  many 
times  represented  his  district  in  the  state  assembly,  and  was  twice  a 
member  of  national  conventions.  He  twice  received  the  support  of  his 
party  for  representative  to  congress,  and  once  as  a  candidate  for  the 
United  States  senate,  only  failing  in  each  case  because  his  party  was  in 
the  minority."  "Politically  he  was  strongly  attached  to  the  demo- 
cratic party,  and  clung  to  its  fortunes  through  good  and  through 
evil  report,  with  all  the  strength  of  his  strong  nature.  In  all  contests 
he  was  a  conspicuous  champion  and  a  conspicuous  target.  He  was 
singularly  free  from  personal  ill  feeling,  and  at  the  close  of  a  busy  and 
somewhat  turbulent  life,  he  died  with  malice  toward  none,  with  charity 
for  all.  It  may  be  said  of  him  that  he  did  not  possess  in  the  highest 
degree  the  power  of  close  analytical  reasoning,  or  the  severe  logic  which 
the  discussions  of  dry  questions  of  law  sometimes  require.  Hut  he  was 
fluent  and  pursuasive,  and  sometimes  truly  clo(jucnt.  His  general 
intelligence  was  of  a  high  order,  but  he  was  not  distinguished  for  close 
logical  power.  His  reading  was  discursive.  He  could  not  properly  be 
called  a  scholar  even  in  his  profession.  His  arguments  in  court  were 
not  always  remarkable  for  their  learning;  but  he  discussed  no  subject 
in  or  out  of  court  on  which  his  great  intelligence  did  not  throw  great 


180  THR    HKNc:H    and    HAR    ok    WISCONSIN. 

light.  He  was  essentially  an  orator,  always  self-possessed,  always  self- 
reliant.  His  mental  resources  were  great,  and  were  always  at  com- 
mand. Altogether  he  was  an  admirable  advocate,  with  not  many 
equals,  with  few  superiors  among  the  great  advocates  of  our  profession." 

William  Rudolph  Smith,  Mineral  Point,  the  eldest  son  of  William 
Moore  Smith,  was  born  at  La  Trappe  in  Montgomery  county,  Pennsyl- 
vania, on  the  31st  day  of  August,  1787.  The  family  removing  to  Phila- 
delphia in  1792,  he  was  placed  at  school  under  the  tuition  of  Mr. 
James  Little  and  his  ushers,  this  being  at  that  time  the  largest  and  best 
preparatory  school  in  the  city.  In  1799  ^^^  ^^^  placed  in  the  Latin 
school  of  the  Reverend  James  McCrea,  but  soon  afterward  the  whole 
care  of  his  education  was  assumed  by  his  grandfather,  William  Smith, 
D.I).,  who  received  him  into  the  old  family  residence  at  the  Falls  of 
Schuylkill,  where  he  remained  under  a  rigid  course  of  instruction  until 
April  1803,  when,  as  private  secretary,  he  accompanied  his  father  to 
England,  the  latter  being  one  of  the  commissioners,  under  the  sixth  arti- 
cle of  the  Jay  treaty,  to  adjust  and  settle  the  demands  of  the  British 
claimants.  During  their  protracted  residence  in  England  the  father 
and  son  traveled  much  together  at  various  times,  journeying  along  the 
south  coast  from  Dover  to  Falmouth,  visiting  all  points  of  interest  in  the 
interior  of  the  south  and  west,  and  making  frequent  and  extended  jour- 
neys into  other  parts  of  the  kingdom.  In  London,  their  time  was  agreea- 
bly spent  at  the  houses  of  many  friends,  and  particularly  at  the  house  of 
Charles  Dilly,  (Queen's  square,  so  often  mentioned  by  Boswell,  in  his 
Life  of  Johnson.  Mr.  Dilly  took  great  satisfaction  in  showing  to  his 
guests  the  arm  chair  in  which  Dr.  Johnson  always  sat  at  his  table,  and 
where  he  enjoyed  himself,  perhaps,  more  than  at  any  other  house  in 
London.  It  was  at  this  hospitable  table  that  Dr.  Johnson  met  with, 
and  learned  to  tolerate,  the  great  radical  leader  John  Wilkes.  In  Mr. 
Dilly's  house,  the  young  secretary  had  the  gratification  to  meet  with  the 
venerable  Pascal  Paoli,  with  Richard  Cumberland,  with  a  brother  of 
James  Boswell,  and  with  many  of  the  literary  celebrities,  and  other 
notarietics  of  the  day.  Benjamin  West,  the  president  of  the  Royal 
Society,  in  his  friendly  attentions  to  the  father  and  son,  did  much  to  re- 
pay the  obligations  which,  in  his  early  life,  he  owed  to  his  friend  and 
patron  Dr.  William  Smith.  In  the  house  of  Mr.  West,  in  Oreat  New- 
man street,  and  in  the  picture  gallery,  young  William  R.  Smith  met  and 


THE    BKNCH     AM)    BAR    OF    WISCONSIN.  IS? 

formed  friendships  with  many  of  the  great  painters  and  artists  of  England, 
as  well  as  of  the  continent,  for  in  those  stirring  times  London  was  the 
city  of  refuge  for  all  classes  of  emigres  and  refugees,  seeking  safety  from 
the  whirlwind  of  strife  then  sweeping  over  every  country  in  Europe. 
George  Cadondal.  the  great  Vendean  chief,  and  General  Pichegron,  both 
afterward  concerned  in  the  attempt  to  assassinate  Napoleon,  were 
among  the  acquaintances  thus  formed.  These  London  days,  teeming 
with  recollections  of  Sarah  Siddons,  John  and  Stephen  Kemble,  of 
(ieorge  III,  the  crazy  old  king,  to  whom  he  had  been  presented  at  court, 
of  the  Prince  of  Wales,  and  Beau  Brummel,  and  of  the  soldiers  and 
statesmen  who  were  then  shaping  the  destiny  of  the  civilized  world, 
formed  the  solace  of  many  an  hour  in  after  years,  and  incidents  of  this 
period,  remembered  and  related  in  his  inimitable  manner,  were  the  de- 
light of  three  successive  generations  of  listening  friends. 

His  father  intending  him  for  the  bar,  young  William  R.  Smith,  during 
his  residence  in  England,  commenced  a  preparatory  course  of  study 
under  the  direction  of  Thomas  Kearsley,  of  the  Middle  Temple,  and 
from  this  period  until  the  autumn  of  1808  he  was  a  diligent  student  of 
the  law;  for  the  first  two  years  after  his  return  to  America,  under  the 
direction  of  his  father,  and  afterward,  in  the  office  of  James  Milnor  in 
Philadelphia.  In  after  years,  Mr.  Milnor  removed  to  New  \'()rk,  and, 
having  taken  orders,  became  a  distinguished  minister  of  the  Kpis(  opal 
church.  In  1808  Mr.  Smith  was  admitted  to  the  bar  in  Philadelphia, 
his  examiners  being  Richard  Rush,  'I'homas  Ross  and  Peter  A.  Browne; 
the  judge  was  Jacob  Rush.  The  following  year  he  removed  to  Hunting- 
don, Pennsylvania,  a  town  laid  out  by  his  grandfather,  and  named  in 
honor  of  his  friend  Selina,  Countess  of  Huntingdon. 

Having  entered  into  the  practice  of  his  profession,  and  feeling  there- 
fore settled  in  life,  Mr.  Smith  was,  on  the  17th  of  March,  1809,  married 
to  Elixa  Anthony,  of  Philadelphia,  who  was  descended  on  the  father's 
side  from  the  Rhode  Island  familv  of  that  name,  and  on  the  mother's 
side  from  Michael  Hillegas,  the  treasurer  of  the  I'nited  States  during 
the  revolution.  For  the  ensuing  eleven  years  Mr.  Smith  led  a  busy 
life,  assuming  at  once  a  leadership  in  his  profession,  and  becoming  ex- 
tensively known  as  one  of  the  profoundest  lawyers  in  the  state.  In 
181 1  he  was  appointed,  under  Waller  Franklin,  <iepuiy  attorney-general 
for  Cambria  county;  was  reappointed  to  the  same  office  by  Richard 
Rush,   and    in    1812   was   again    rea))pointed    by    Jared    Ingersol,    the 


.>^dL> 


-^  1  _  .      — 


192  THE    BENCH    AND    BAR    OF    WISCONSIN. 

of  his  writings  and  of  his  forensic  displays  is  attributable  to  his  famili- 
arity with  classical  models,  and  with  the  spirit  and  energy  of  the  ancient 
masters.  His  education  in  all  the  departments  of  learning  which  he 
pursued  was  thorough;  his  intellectual  and  moral  discipline  was  excel- 
lent, and  his  naturally  vigorous  and  well  balanced  mind  emerged  from 
its  period  of  training  well  equipped  and  prepared  for  the  entrance  upon 
his  professional  studies,  and  for  the  emergencies  and  duties  of  business 
and  of  life. 

Upon  leaving  the  University,  in  1846,  he  took  charge  of  a  private 
school  at  Monroe,  Michigan,  which  had  been  his  home  since  1833.  The 
next  year  he  retired  from  his  school,  and  assumed  the  duties  of  private 
tutor  to  a  few  advanced  scholars  in  the  classics,  which  afforded  him 
time  for  the  study  of  the  law,  which  he  then  began.  In  1848  he 
entered  the  law  office  of  Isaac  P.  Christiancy,  afterward  justice  of  the 
supreme  court  of  Michigan,  and  United  States  senator,  where  he  applied 
himself  with  diligence  and  enthusiasm  to  the  acquirement  of  legal  learn- 
ing and  of  proficiency  in  the  practical  duties  of  the  profession  which 
he  had  chosen  for  his  career.  He  remained  in  Judge  Christiancy's 
office  until  October,  1849,  when  he  removed  to  Milwaukee,  where  he 
has  since  resided.  There  he  entered  the  law  office  of  Emmons  &  Van 
Dyke,  then  having  a  high  standing  among  the  law  firms  of  the  North- 
west, where  he  further  pursued,  his  legal  studies  and  entered  upon 
the  practice  of  law  in  the  local  courts.  In  1850  he  was  admitted 
to  practice  in  the  supreme  court  of  Wisconsin,  and  in  185 1  he  opened 
an  office  of  his  own,  and  practiced  law  generally  alone  for  four  years 
afterward,  during  which  time  he  formed  the  acquaintance  of  the  leading 
men  of  the  state,  in  business,  in  politics,  and  the  various  professions, 
and  was  a  conspicuous  member  of  a  large  circle  of  able  and  ambitious 
young  men  who  were  then  laying  the  foundation  of  future  careers  of 
activity,  honor  and  usefulness.  It  was  during  this  period  that  his  char- 
acter fully  ripened  and  formed ;  habits  of  sobriety  and  industry  bore 
their  legitimate  fruits;  and  his  reputation  for  ability  and  integrity  in  his 
profession,  and  for  personal  worth,  was  established.  In  1855  he  formed 
a  law  partnership  with  Edward  Salomon,  afterward  governor  of  the 
state,  which  continued  for  fifteen  years,  at  the  end  of  which  time,  Gover- 
nor Salomon  removed  to  New  York  city  and  made  his  residence  there. 
This  was  a  prosperous  and  successful  period  in  Mr.  Smith's  life,  and  he 
took  rank  among  the  foremost  members  of  the  bar  and  public  men  of 


w.  ^..- J; 


THE    BENCH    AND    BAR    OF    WISCONSIN.  ISO 

West.  Instantly,  almost,  he  resolved  to  be  one  of  that  earnest  band  of 
pioneers  who,  turning  heroically  from  the  ease  and  comfort  of  their 
eastern  homes,  willingly  encountered  all  the  hardships  of  a  frontier  life 
in  order  to  contribute  the  treasures  of  their  learning  and  experience  to 
the  great  work  of  formulating  the  legislation  and  shaping  the  destiny  of 
these  new  states  of  such  glorious  promise.  His  letters  fo  his  brother, 
Richard  Penn  Smith,  afterward  published  in  Philadelphia  under  the  title 
of  Observations  on  Vyisconsin  Territory,  are  filled  with  glowing  de- 
scriptions of  this  paradise  for  farmers.  That  the  magic  beauty  of  the 
scenery  deeply  touched  his  poetic  nature,  may  be  witnessed  by  the 
following  lines  dashed  off  in  a  moment  of  tender  recollection  : 

All  hail  Wisconsin!  prairie  land. 

In  summer  decked  with  flowers, 
As  scattered  by  some  fairy  hand, 

'Mid  sylvan  shades  and  bowers. 

Thy  soil  abundant  harvests  yields, 

Thy  rocks  give  mineral  wealth. 
And  every  breeze  that  sweeps  thy  fields 

Comes  redolent  of  health. 

Perennial  springs  and  inland  seas 

Give  other  beauties  zest, 
Long  may  thy  dwellers  live  in  case. 

Gem  of  the  fertile  West ! 

Returning  to  Pennsylvania,  General  Smith,  in  1838,  removed  his 
family  to  Wisconsin  and  settled  in  Iowa  county,  at  Mineral  Point.  In 
1839  he  was  appointed  adjutant-general  of  the  territory  of  Wisconsin 
by  Governor  Dodge,  which  office  he  held  under  successive  administra- 
tions for  about  twelve  years.  He  also  received  from  Governor  Dodge 
the  civil  appointment  of  district  attorney  of  Iowa  county,  retaining  this 
office  also  for  many  years.  In  1840  he  presided  over  the  first  demo- 
crat convention  that  assembled  at  the  seat  of  government  of  Wisconsin 
territory,  and  he  drafted  the  address  sent  forth  by  that  body  to  the 
people.  He  was  elected  secretary  to  the  legislative  council  of  Wiscon- 
sin, and  in  1846  was  elected  delegate  to  the  convention  to  form  a  con- 
stitution for  the  State  of  Wisconsin.  The  journals  of  that  convention 
show  that  General  Smith  either  originated  or  gave  most  earnest  support 
to  many  of  the  legislative  reforms  that  have  smce  become  law  in  Wis- 
consin, and  have  been   widely  adopted  in  other  states  of  the   Union; 


THE    BENCH    AND    BAR    OF    WISCONSIN.  191 

health,  made  the  tour  of  Wisconsin,  visiting  many  of  his  old  friends  in 
the  northern  and  eastern  part  of  the  state;  then  he  proceeded  to  Quincy, 
in  the  State  of  Illinois,  to  visit  his  youngest  daughter,  Mrs.  Robert  H. 
Deaderick,  residing  in  that  city,  and  there,  in  the  fullness  of  years,  this 
long  and  brilliant  life  came  to  a  quiet  and  peaceful  close. 

General  Smith  during  all  his  life  was  an  active  and  prominent  Free- 
mason, passing  through  all  the  degrees  of  that  order  from  the  blue 
lodge  to  the  royal  arch  chapter.  He  had  been  grand  master  of  the 
State  of  Pennsylvania  and  was  several  times  made  grand  master  of  the 
grand  lodge  of  Wisconsin.  He  had  a  singular  love  and  veneration  for  the 
order  whilst  he  lived,  and  he  was  buried  with  masonic  honors  in  Mineral 
Point,  August  26,  1868.  A  stately  masonic  monument  now  marks  his 
resting  place. 

WiNFiELD  Smith,  Milwaukee,  is  a  native  of  Wisconsin,  having  been 
bom  at  Fort  Howard,  where  his  father.  Captain  Henry  Smith,  was  sta- 
tioned in  the  military  service,  August  i6,  1827.  He  was  named  after 
General  Winfield  Scott,  of  whose  military  family  his  father  was  a  mem- 
ber for  five  years,  and  his  father  also  saw  arduous  service  in  the  Black 
Hawk  war,  and  in  the  subsequent  war  with  Mexico,  and  died  of  yellow 
fever  at  Vera  Cruz  in  1847.  His  mother  was  Elvira  Foster,  who  re- 
sided in  early  life  at  Watertown,  New  York,  and  who  was  a  woman  of 
high  culture  and  possessing  the  most  attractive  traits  of  female  character. 
His  parents  were  both  members  of  educated  and  refined  New  England 
families,  and  he  inherits,  in  a  marked  degree,  their  strong  yet  elastic 
mental  fiber,  a  conscientious  devotion  to  his  convictions,  and  their  physi- 
cal vigor  and  stamina. 

His  education  was  the  subject  of  particular  parental  care.  His 
preparatory  studies  were  continued  till  1844,  when  he  was  in  his  seven- 
teenth year,  and  he  then  entered  an  advanced  class  in  Michigan  Uni- 
versity, and  graduated  two  years  afterward  from  that  institution  with  a 
high  rank.  While  at  the  university,  he  developed  a  remarkable  aptitude 
in  the  science  of  physics  and  in  mathematics,  and  he  displayed  great 
skill  in  these  branches  of  study.  His  progress  in  the  classics  was  equally 
striking,  and  he  had  also  acquired  proficiency  in  French,  which  he  learned 
in  a  private  family  in  Watertown,  New  York,  in  1840.  He  began  the 
study  of  German  in  Milwaukee,  in  185 1,  and  he  reads  and  speaks  both 
languages  with  fluency  and  correctness.     Much  of  the  force  and  polish 


192  THK    BENCH    AND    BAR    OF    WISCONSIN. 

of  his  writings  and  of  his  forensic  displays  is  attributable  to  his  famili- 
arity with  classical  models,  and  with  the  spirit  and  energy  of  the  ancient 
masters.  His  education  in  all  the  departments  of  learning  which  he 
pursued  was  thorough;  his  intellectual  and  moral  discipline  was  excel- 
lent, and  his  naturally  vigorous  and  well  balanced  mind  emerged  from 
its  period  of  training  well  equipped  and  prepared  for  the  entrance  upon 
his  professional  studies,  and  for  the  emergencies  and  duties  of  business 
and  of  life. 

Upon  leaving  the  University,  in  1846,  he  took  charge  of  a  private 
school  at  Monroe,  Michigan,  which  had  been  his  home  since  1833.  The 
next  year  he  retired  from  his  school,  and  assumed  the  duties  of  private 
tutor  to  a  few  advanced  scholars  in  the  classics,  which  afforded  him 
time  for  the  study  of  the  law,  which  he  then  began.  In  1848  he 
entered  the  law  office  of  Isaac  P.  Christiancy,  afterward  justice  of  the 
supreme  court  of  Michigan,  and  United  States  senator,  where  he  applied 
himself  with  diligence  and  enthusiasm  to  the  acquirement  of  legal  learn- 
ing and  of  proficiency  in  the  practical  duties  of  the  profession  which 
he  had  chosen  for  his  career.  He  remained  in  Judge  Christiancy's 
office  until  October,  1849,  when  he  removed  to  Milwaukee,  where  he 
has  since  resided.  There  he  entered  the  law  office  of  Emmons  &  Van 
Dyke,  then  having  a  high  standing  among  the  law  firms  of  the  North- 
west, where  he  further  pursued,  his  legal  studies  and  entered  upon 
the  practice  of  law  in  the  local  courts.  In  1850  he  was  admitted 
to  practice  in  the  supreme  court  of  Wisconsin,  and  in  1851  he  opened 
an  office  of  his  own,  and  practiced  law  generally  alone  for  four  years 
afterward,  during  which  time  he  formed  the  acquaintance  of  the  leading 
men  of  the  state,  in  business,  in  politics,  and  the  various  professions, 
and  was  a  conspicuous  member  of  a  large  circle  of  able  and  ambitious 
young  men  who  were  then  laying  the  foundation  of  future  careers  of 
activity,  honor  and  usefulness.  It  was  during  this  period  that  his  char- 
acter fully  ripened  and  formed ;  habits  of  sobriety  and  industry  bore 
their  legitimate  fruits;  and  his  reputation  for  ability  and  integrity  in  his 
profession,  and  for  personal  worth,  was  established.  In  1855  he  formed 
a  law  partnership  with  Edward  Salomon,  afterward  governor  of  the 
state,  which  continued  for  fifteen  years,  at  the  end  of  which  time,  Gover- 
nor Salomon  removed  to  New  York  city  and  made  his  residence  there. 
This  was  a  prosperous  and  successful  period  in  Mr.  Smith's  life,  and  he 
took  rank  among  the  foremost  members  of  the  bar  and  public  men  of 


THE    BENCH    AND    BAR    OF    WISCONSIN.  195 

the  Northwest.  In  1862  he  was  appointed  by  Governor  Salomon, 
attorney-general  of  the  state,  to  fill  out  the  unexpired  term  of  J.  H. 
Howe,  who  had  resigned  that  office  to  enter  the  military  service,  and  in 
1863  he  was  elected  by  the  people  for  a  full  term  in  the  same  office, 
which  expired  January  i,  1866.  He  discharged  all  the  duties  of  this 
office  with  studious  zeal  and  deliberate  care,  and  in  its  round  of  severe 
labors,  his  ability  and  professional  learning  were  brought  into  active 
exercise.  Among  the  most  useful  and  productive  of  these  labors, 
was  his  investigation  of  the  claim  of  the  Rock  River  Canal  Company 
against  the  state,  and  his  report  to  the  commissioners  appointed  to 
ascertain  and  settle  this  alleged  liability  of  the  state  to  the  claimant. 
This  report  was  so  complete  in  all  its  facts  and  arguments,  that  it  anni- 
hilated the  grounds  on  which  the  claim  of  the  canal  company  was  based, 
so  that  it  was  never  revived  against  the  state,  and  it  led  to  a  subsequent 
adjustment  between  the  general  government  and  the  company,  in  conse- 
quence of  which,  over  three  hundred  thousand  dollars,  long  withheld 
from  the  state  treasury  by  the  general  government  awaiting  the  settle- 
ment of  this  claim,  was  paid  over  to  the  state. 

Mr.  Smith  served  for  over  ten  years  as  United  States  commissioner 
and  master-in-chancery,  and  it  was  during  this  period  that  the  fugitive 
slave  riots,  including  the  Glover  rescue,  and  the  prosecutions  of  the 
famous  S.  M.  Booth  and  John  Rycraft  occurred,  in  which  he  was  called 
upon  to  act  officially  in  the  inquiry  as  to  their  participation  in  the  rescue. 
He  discharged  these  unwelcome  duties,  consistently  with  his  oath,  faith- 
fully and  honestly,  and  of  course  he  did  not  escape  censure  from  the 
most  bitter  enemies  of  the  law.  His  sense  of  official  rectitude,  however, 
and  his  fidelity  to  his  convictions  of  duty  did  not  permit  him  to  swerve 
from  the  strict  line  of  his  legal  obligations  in  obedience  to  impulses  of 
personal  sympathy.  His  intimate  friend,  Byron  Paine,  afterward  judge 
of  the  supreme  court,  was  one  of  the  defendants  in  proceedings  insti- 
tuted before  Mr.  Smith.  Subsequent  events  vindicated  his  course.  He 
was  not  required  to  await  the  long  course  of  years  to  meet  his  justification 
before  the  people,  and  the  popular  majority,  by  which  his  appointment 
at  the  head  of  the  law  department  of  the  state  government  was  ratified 
and  he  was  continued  for  another  term  in  discharge  of  its  duties,  was 
greater,  with  a  single  exception,  than  was  ever  cast  for  a  candidate  for 
that  office. 

Mr.  Smith  was  elected  from  the  district  in  which  he  lives,  a  member 


190  THE    BENCH    AND    BAR    OF    WISCONSIN. 

of  assembly  for  1872,  and  was  appointed  chairman  of  the  committee  on 
the  judiciary,  and  was  one  of  the  ablest  debaters  and  leading  jurists  in 
that  body,  and  the  legislation  of  that  year  bears  the  marks  of  his 
wisdom,  his  care,  and  his  enlightened  skill  in  the  science  of  public  law. 
In  1876  he  was  tendered  the  appointment  of  United  States  district- 
attorney  to  succeed  Judge  Levi  Hubbell,  whose  resignation  had  created 
a  vacancy  in  that  office,  but  he  declined  the  position. 

Mr.  Smith's  business  and  professional  associations,  since  the  dissolu- 
tion of  his  partnership  with  (Governor  Salomon,  have  been  as  follows: 
He  practiced  law  in  partnership  with  Joshua  Stark,  under  the  firm  of 
Smith  &  Stark,  from  1869  till  1875.  During  the  latter  year  he  became 
associated  with  the  late  Mathew  H.  Carpenter  and  A.  A.  L.  Smith, 
under  the  firm  of  Carpenter  &  Smiths,  which  continued  till  Senator 
(Carpenter's  death,  when  the  surviving  partners  formed  a  partnership  as 
VVinfield  and  A.  A.  L.  Smith,  which  still  continues  in  active  professional 
practice.  He  is,  at  present,  also  president  and  a  large  stockholder 
in  the  Cream  City  street  railway,  and  his  business  standing  and  reputa- 
tion for  integrity  are  such,  that  he  has  been  repeatedly  selected  as  trus- 
tee of  estates  and  other  property  interests,  including  membership  in  the 
boards  of  several  public  corporations.  His  clients  are  numbered  among 
the  men  of  highest  business  standing  in  the  city  and  state,  and  his  prac- 
tice has  included  the  most  important  and  intricate  cases  in  the  courts. 
His  law  practice  has  been  in  strictly  legitimate  directions,  and  his  stand- 
ing at  the  bar  is  unequivocal,  and  he  is  among  the  ablest  and  best  mem- 
bers of  the  profession.  He  has  accumulated  a  moderate  competence, 
and  is  regarded  as  one  of  the  most  substantial  citizens  of  Milwaukee 
and  the  state. 

Among  the  many  important  law  and  jury  cases  tried  by  Mr.  Smith, 
two  may  be  mentioned  as  of  special  note.  The  first  is  the  celebrated 
draft  riot  case,  so  called,  growing  out  of  the  enforcement  of  the  draft  in 
Ozaukee  county  during  the  late  war.  This  case  involved  the  constitu- 
tionality of  the  acts  of  congress  authorizing  the  conscription  of  citizens, 
and  their  enrollment  in  the  military  service  of  the  government,  and  the 
lawful  powers  of  the  governor  of  the  state  in  executing  the  act.  The 
events  connected  with  this  case  are  among  the  most  striking  in  the  his- 
tory of  the  state,  and  formed  a  crisis  in  the  existence  of  the  state  and 
national  government.  Party  feeling  ran  high  at  the  time,  and  all  the 
occurrences  of  the  period  attracted  the  anxious  attention  of  all  parties 


THE    BENCH    AND    BAR    OK    WISCONSIN.  19 


r*' 


and  all  classes  of  society.  On  the  final  appeal  of  the  case  to  the 
supreme  court,  all  the  acts  of  Governor  Salomon  in  enforcing  the  draft, 
including  the  arrest  of  recalcitrant  citizens  and  their  imprisonment  in  the 
military  camp  at  Madison,  were  declared  to  be  constitutional  and  in  pursu- 
ance to  law,  and  the  power  of  the  government  for  its  own  preservation  was 
fully  sustained.  Mr.  Smith  exhibited  a  complete  mastery  of  all  the  feat- 
ures of  this  case,  and  his  success  in  the  fnial  decision  of  the  supreme  court 
was  due  to  the  close  study,  careful  arrangement  and  full  preparation 
which  he  had  made  for  the  trial,  and  to  the  ])rinciples  of  law  and  justice 
on  which  he  bases  his  pleadings  and  argument.  Another  case  notable 
from  its  importance  and  from  the  connection  of  Mr.  Smith  with  its 
various  stages,  grew  out  of  the  controversy  between  the  stockholders  of 
the  old  Milwaukee  and  Prairie  du  Chien  railroad  company  and  the  old 
Milwaukee  and  St.  Paul  railway  company,  in  which  the  latter  giant  cor- 
poration was  enjoined  from  absorbing  and  destroying  the  former  com- 
pany until  the  rights  and  interests  of  its  stockholders  were  protected  by 
a  satisfactory  and  equitable  compromise.  The  national  importance  of 
the  draft  riot  case,  and  the  vast  pecuniary  interests  involved  in  the  latter, 
greatly  enhanced  Mr.  Smith's  reputation  at  the  bar,  led  to  an  increased 
practice  and  to  retainers  in  some  of  the  most  important  litigation  of  the 
period. 

In  politics  Mr.  Smith  is  of  democratic  antecedents,  but  he  separated 
from  that  party  during  the  events  attending  the  repeal  of  the  Missouri 
compromise,  and  has  been  an  earnest  and  consistent  republican  from  the 
first  presidential  campaign  of  that  party.  During  the  war  his  patriotic 
speeches  and  articles  contributed  to  the  press,  greatly  aided  in  stimu- 
lating enlistments  and  in  the  formation  of  a  highly  wrought  public 
opinion,  which  was  necessary  to  sustain  at  home  the  principles  and 
objects  for  which  our  armies  were  fighting  in  the  field.  The  value  of 
his  labors  in  this  direction  was  such,  and  they  were  so  zealous  and  fruit- 
ful, that  he  was  induced  by  his  friends  to  abandon  his  expressed  inten- 
tion of  entering  the  military  service. 

Mr.  Smith's  name  has  been  repeatedly  mentioned  in  connection  with 
high  judicial  positions,  but  it  has  not  been  at  such  times  as  he  found  it 
consistent  with  other  duties  and  important  interests  to  retire  from  active 
practice  and  business  pursuits.  When  Judge  A.  G.  Miller,  and  after- 
ward when  Judge  James  H.  Howe  resigned  the  judgeship  of  the  United 
States  district  court,  he  was  strongly  urged  to  accept  the  vacant  place. 


108  THE    BENCH    AND    BAR    OF    WISCONSIN. 

At  the  death  of  Chief  Justice  Ryan,  in  1880,  he  was  again  urged  to  be- 
come a  candidate  for  the  chief  justiceship,  and  in  1881  it  was  the  almost 
unanimous  wish  of  the  bar  and  the  public  that  he  should  accept  a 
republican  nomination,  or  be  an  independent  candidate  for  circuit 
judge,  to  succeed  Judge  Small,  whose  term  was  to  expire  in  that  year. 
For  the  reason  given,  he  was  unable  to  accept  the  proposed  honor  in 
either  of  these  instances,  but  doubtless  the  future,  at  a  proper  and  accep- 
table season,  will  open  a  way  for  him  to  the  elevation  which  he  is  so 
well  qualified  to  occupy  and  adorn. 

Mr.  Smith,  through  his  New  England  parentage,  is  of  Scotch  Irish 
descent,  and  possesses  the  mental  and  personal  characteristics  of  this 
combination  of  races.  He  has  persistence,  keenness,  determination, 
self-reliance,  a  conscientious  independence  of  thought  and  action,  strong 
religious  convictions,  and  sufficient  imagination  to  warm  and  illumine 
his  other  qualities  and  to  complete  his  harmonious  intellectual  develop- 
ment. He  has  an  analytic  mind ;  he  considers  every  subject  thoroughly 
to  which  his  attention  is  directed;  he  takes  nothing  for  granted;  he 
demands  the  reason  of  every  proposition  addressed  to  his  understanding. 
He  does  not  form  opinions  suddenly  or  by  impulse,  his  beliefs  are  the 
fruit  of  ripened  and  intelligent  study,  and  are  based  upon  all  the  facts 
which  can  be  brought  to  his  knowledge.  His  sincerity,  candor  and 
directness  are  marked  traits  of  character;  his  word  is  regarded  by 
himself  and  by  all  to  whom  it  is  given  as  inviolable,  and  he  enjoys  the 
unlimited  confidence  and  respect  of  all  who  know  him,  in  all  the  rela- 
tions of  life. 

In  a  work  like  this  some  allusions  to  the  social  and  domestic  life  of 
the  individuals  whose  careers  it  describes  are  admissible  and  of  interest, 
but  elaborate  details  of  home  and  private  relations  are  not  expected.  Mr. 
Smith  has  been  a  communicant  of  the  Protestant  Episcopal  church  since 
his  boyhood,  and  has  been  a  member  of  St.  PauTs  church  during  his 
residence  in  Milwaukee.  His  domestic  relations  are  uncommonly, 
and  in  the  highest  degree,  pleasant,  and  he  has  cultivated  throughout 
his  life  the  temper  and  qualities  which  render  the  fireside  and  family 
circle  delightful.  He  has  an  amiable  and  accomplished  wife  and  six 
children,  of  whom  the  two  eldest,  a  son  and  a  daughter,  are  happily 
married  and  reside  in  Milwaukee.  He  loves  music  and  is  an  amateur 
performer  on  some  musical  instruments.  He  is  a  very  skillful  chess 
player,  probably  among  the  very  best  in  Milwaukee.      He  is  fond  of 


IHK    |5KN(  II     AM)    I'.AK    Of     Wl-  mN^IN.  !!♦'.♦ 

flowers,  ;ind  rr-vfr  pcrsiiits  hiniscif  Ir)  he  so  cn^rosst'd  in  hiisiiicss  (arcs 
that  he  cannot  spend  lonie  tinjc  (iaily  in  his  <c)nservalory.  ]\r  h.is  a 
sunny  and  <  heerfiil  dispr/sition  and  a  fine  and  i;r.i( ciul  hinnur,  ivhi(  h 
enliven  his  domestic  and  social  interroiirse,  and  arc  never  at  fault  for 
the  inspiration  of  a  pleasant  word  or  simile  in  ( onversation,  \vhi(  h  make 
him  a  genial  cumpanion  and  lighten  his  licinrs  ot  st:idy  and  care,  which 
enliven  his  forensic  arguments  while  ad.lin^  lo  tinir  iniercst  and  force, 
and  which  are  an  tinbr)ii;rhi  be.uily  in  lii>.  cliily  life.  Mr.  has  lroo]>s  of 
friends,  and  there  are  few  men  to  wliom  a  wIn*-  and  j^racions  providence 
has  allotted  such  ways  of  phvisanlncss  and  p  uhs  of  prar  e  as  have  heen 
those  in  which  he  is  permitted  to  walk. 

('maki.ks  K.  (fii.L,  Madison,  was  horn  in  Winfield,  Herkimtr  (  onnty, 
New  Vf>rk.  August  17,  1830.      Mis  parents  were  l)avid  and  \.ww  y  (lark 
<rill.  and   he  remf»ved   with  then*  to  a  farm    in  (it-nrsee  '  onnty  in    iJ^4.^ 
Mere   he  worked   on  the  place,  attended  si  iiool,  and   taught  alternately, 
until  hecotninLi  of  at;e,  when  he  entered  upon  the  siiidy  r)f  the    law,  and 
in  Sej)tcinl»er,  1H54,  was  admitted    to   pra<  li<  e.       In  the  same  month  he 
was  united  in  marriage  with  Martha  A.  I.aneton,  and  together  theycame 
iuiniediatelv  lo  Wisconsin,  and  lot  ated  at  Watertown,  where    he  at  once 
openeil  a  law  otfn  e.       At  first   he    had  a  hard   slnig;;le  lor   hnsiness,  but 
fmativ  met   with  excellent   success.      l)iirin,?   the  earlv   vears  f>f  his  resi- 
denceat  Watertown  he  was  elected  suj»eTintend<'nt  of  schools,  and  served 
three  consecutive  terms,  and  was  atlt-rwanl  electetl  polwe  jiisti*  e,  whii  h 
otVicc  he  resigned  after  nine  months'  -.ervice,  as  interterin;^  with   his  reg- 
ular law  business.      In  1S59  he  was  elected  to  the  senate  a>  an  indepen- 
dent fiver  two  other  <:in<lidates  wlio  were   regular   party  nominees       lie 
was  then  less  than   thirty  year^  of  age,  hut    to<ik  a  leading   pan  in  t'avor 
of  sustainin|(  the  general  government  in  it--  war  measures  of  i86r       Im- 
mediately  after  the  close  of  the  extra  sj-ssinn  of  the    legislature  of  that 
year,  senator  (rill  recruited  a  company,  was  ele'ted  its  raptain,.ind  upon 
the  organization  of  the  twenty-ninth   regiment,  to   which   his  company 
was  assigned,  he  was  commissioned   its  rolone!.       With   i:   he  t'ought  at 
Vicksbiirg,  i'oit  (libson,  (*hampion    IlilU,  and  other  engagements  with 
credit.       Prostrated  by  the  arduous  rhities  of  the  I'leld,  to  the  extent  of 
unfitting  him  for  active  service  he  resigned  June  jy,  1-S63,  returnefl  Lome, 
and  after  a  partial  re«  overy,  resumed  the  practit  e  t»f  his  profession. 

In  1865  Colonel  (lill  was  elected  attorney  general  of  Wisconsin  on 
18 


200  THE    RENCH    AND    BAR    OF    WISCONSIN. 

the  republican  ticket,  and  served  two  terms.  He  was  appointed  attor- 
ney of  the  United  States  in  1875,  to  take  charge  of  the  legal  interests  of 
the  general  government  in  the  Fox  and  Wisconsin  river  improvements, 
and  held  the  office  until  January  1876,  when  he  was  appointed  commis- 
sioner of  pensions.  Proceeding  to  Washington,  he  entered  upon  the 
duties  of  the  office,  but  in  a  few  months  his  health  compelled  him  to 
resign.  He  then  resumed  practice  in  Madison,  and  is  residing  on  a 
homestead  in  the  suburbs  of  the  city.  Entering  upon  a  professional  and 
political  career  early  in  life,  Colonel  Gill  has  for  many  years  been  prom- 
inently before  the  public  in  both  capacities,  and  has  acquitted  himself 
with  credit  and  honor. 

S.  S.  Barlow,  Baraboo,  has  been  a  man  of  note  in  the  state,  having 
been  member  of  the  assembly,  subsequently  of  the  senate,  and  attor- 
ney-general two  terms  during  the  administration  of  Governor  Fairchild. 
He  has  now  retired  from  active  practice,  in  which  he  is  succeeded  by 
his  son  located  at  Baraboo. 

■ 
Alexander  Wilson,  Mineral  Point,  was  born  at  Westfield,  Chau- 
tuaqua  county.  New  York,  August,  1833,  and  graduated  at  Union  Col- 
lege, Schenectady,  New  York,  in  1854.  In  the  winter  of  1854  and  1855 
he  taught  school  at  Huntley  Station,  Illinois,  for  four  months,  and  in  the 
spring  of  1855  went  to  Dubuque,  Iowa,  where  he  continued  the  reading 
of  law  in  the  office  of  Crozier  &  Hawthorne,  and  in  the  summer  of  1855 
went  out  on  a  public  land  survey,  about  thirty  miles  west  of  Fort  Dodge 
in  Iowa,  and  in  the  fall  helped  survey  a  preliminary  line  for  a  railroad 
from  Dubuque  to  Independence.  This  substantially  ended  his  work  as 
an  engineer.  In  November,  1855,  he  was  admitted  to  the  bar  at  Du- 
buque, Iowa,  and  went  from  Dubuijue  to  Mineral  Point,  Wisconsin,  and 
engaged  to  teach  in  the  public  schools  at  that  place,  and  taught  there 
until  the  winter  of  1859  and  i860.  While  teaching  he  read  law  in  the 
office  of  Cobb  &  Messmore,  and  commenced  the  practice  of  law  in  the 
fall  of  i860.  In  the  spring  of  i860  he  was  elected  superintendent  of 
schools  for  that  city,  and  was  a  member  of  the  board  of  education  for 
several  years.  Was  elected  district  attorney  of  Iowa  county  in  the  fall 
of  i860,  again  in  1864  and  in  1866.  In  1867  he  resigned  the  office  of 
district  attorney,  and  was  appointed  county  judge  December  9,  1867, 
and  held  that  office  for  about  two  years.     He  was  county  school  superin- 


«cd 


THE    BENCH    AND    BAR    OF    WISCONSIN.  201 

tendent  in  the  year  1864.  In  the  fall  of  1877  Mr.  Wilson  was  elected 
attorney  general  of  the  state,  and  reelected  in  1879,  which  office  he 
filled  to  universal  satisfaction. 

Leander  F.  Frisby,  West  Bend,  was  born  June  19,  1825,  in  Meso- 
potamia, Trumbull  county,  Ohio.  His  father,  Lucius  Frisby,  was  a 
native  of  Vermont,  but  removed  with  his  family  to  Ohio  in  1817,  where 
he  settled  on  a  farm,  and  followed  the  occupation  of  a  farmer  for  over 
thirty  years.  Although  of  limited  early  education,  he  |)ossessed  strong 
native  talents,  and  kept  well  posted  on  all  the  topics  of  the  day.  His 
grandfather,  on  both  his  father  and  mother's  side,  were  soldiers  in  the 
revolutionary  war.  His  mother,  whose  maiden  name  was  Lovina  Garry, 
was  also  a  native  of  Vermont.  She  is  still  living  at  the  ripe  old  age  of 
ninety  years,  and  has  been,  for  eighteen  years  past,  a  member  of  the  fam- 
ily of  the  subject  of  this  sketch.  She  still  retains  those  indelible  traces 
of  pure  and  intellectual  womanhood  which  were  so  characteristic  of  the 
American  mothers  of  the  last  generation,  and  which  have  done  so  much 
to  mould  the  best  phases  of  American  character. 

leander,  in  his  early  years,  worked  upon  his  father's  farm  during  the 
summer  months,  and  attended  the  neighboring  district  school  for  the 
short  space  of  three  months  during  the  winter.  At  the  age  of  eighteen, 
with  the  consent  of  his  parents,  he  left  home  and  learned  the  trade  of  a 
wagon-maker.  From  his  boyhood  he  showed  a  fixed  determination  to 
obtain  an  education,  and  devoted  all  his  leisure  hours,  while  learning  his 
trade,  to  reading  and  study.  After  becoming  sufficiently  skilled  in  his 
trade  to  cam  wages,  he  commenced  a  course  of  study  at  Farmington 
Academy,  in  his  native  county,  a  school  of  considerable  local  fame, 
where  he  paid  his  board  and  tuition  by  working  at  his  trade  out  of  school 
hours,  for  a  wagon-maker.  He  remained  there  three  terms,  and  out  of 
some  hundred  and  fifty  students,  when  he  left  he  ranked  among  the 
best.  He  taught  school  one  winter  after  leaving  the  academy,  for  the 
purpose  of  replenishing  his  wardrobe  and  obtaining  money  to  go  west, 
where  he  intended  to  teach  for  a  time  and  return  again  to  iiis  studies. 
He  took  passage  from  Cleveland  on  the  second  day  of  September,  1S46, 
and  landed  at  Sheboygan,  about  the  fifth,  and  thence  went  to  Fond  du 
Lac.  The  fall  of  1846  will  be  remembered  by  the  old  settlers  of  Wis- 
consin as  the  sickly  season,  and  within  two  weeks  from  his  arrival  he 
was  taken  sick  with  chill  fever,  which  kept  him  disabled  till  far  into  the 


2i)'i  I'HK    BENCH    AND    BAR    OF    WISCONSIN. 

winter.  When  he  had  so  far  recovered  as  to  be  able  to  work,  the  schools 
were  all  taken,  and  beinj;  in  destitute  circumstances  he  sought  work  at 
his  trade.  He  found,  however,  u|)on  application  to  the  only  wagon 
makers  in  his  vicinity,  that  they  had  not  work  sufficient  for  their  own 
employment ;  and  rather  than  remain  idle  or  to  encroach  upon  the  gen- 
erosity of  friends,  he  entered  a  cooper  shop,  as  the  only  place  where  he 
could  obtain  employment,  and  worked  two  months  diligently,  receiving 
as  wages  only  his  board,  which  was  the  agreement  he  had  made  with  the 
proprietors  at  the  time  he  began  work ;  in  the  meantime  seeking  work  at 
his  trade  through  correspondence  witli  other  parts  of  the  surrounding 
country.  In  March,  1847,  receiving  a  favorable  reply  from  a  wagon 
maker  by  the  name  of  Craig,  of  Beaver  Dam,  he  borrowed  fifty  cents 
from  a  friend  and  started  on  foot  for  that  place,  paying  his  borrowed 
money  for  his  supper  and  lodging  at  a  small  tavern  on  the  east  side  of 
Rolling  Prairie*.  A  deep  snow  having  fallen  during  the  night,  he  traversed 
Rolling  Prairie  and  the  last  ten  miles  over  an  unbroken  road,  reaching 
his  destination  at  noon  of  the  second  day,  not  having  tasted  breakfast. 
Here  he  commenced  work  at  his  trade  for  Mr.  Craig,  and  continued  in 
his  employ  until  the  latter  part  of  June.  This  was  the  first  glimmer  of 
of  sunlight  which  had  dawned  upon  his  pathway  since  leaving  his  native 
state  The  long,  sad,  weary  days  of  sickness,  hardships,  trials  and 
des|)ondency  spent  during  the  fall  and  winter  at  Fond  du  Lac  cannot  be 
portrayed  or  comprehended  by  one  who  has  not  tasted  of  the  same  bit- 
ter fruit,  and  it  would  be  but  a  sad  failure  to  attempt  it.  In  the  summer 
of  1847  he  went  to  Janesville,  where  he  also  worked  at  his  trade  in  the 
shop  of  a  Mr.  Curber.  During  all  this  time,  however,  he  never  lost  sight 
of  his  original  object,  and  spent  every  moment  which  he  could  spare 
from  his  labors,  in  hard,  earnest  study  of  such  books  as  were  at  his 
command. 

In  the  fall  of  1847,  having  retrieved  himself  from  his  financial 
embarrassment  by  hard  and  incessant  toil  at  the  bench,  the  darkness 
and  gloom  which  had  at  first  overshadowed  his  pathway  in  the  then  far 
west,  was  lifted,  and  the  beauties  of  the  prairie  west  presented  them- 
selves to  him  in  a  nevf  light,  which  induced  him  to  abandon  his  first 
intent  of  returning  to  the  east,  and  he  resolved  to  engage  in  teaching  as 
the  best  adapted  to  enable  him  to  pursue  his  studies.  Commencing  in 
the  fall  of  that  year,  he  taught  nine  months  at  Spring  Prairie  Corners, 
in  Walworth  county,  to  the  entire  satisfaction  of  the  community,  who 


THE    BENCH    AND    BAR    OF    WISCONSIN.  20;> 

would  have  gladly  retained  him  another  year ;  but  thinking  he  could  do 
better  by  leaching  an  academical  school-  at  Burlington,  Racine  county, 
in  September,  1848,  he  opened  such  a  school  in  the  old  Burlington 
Academy  building,  where  he  continued  to  teach  until  the  summer  of 
1850,  in  the  meantime  pursuing  the  study  of  law  and  spending  the  summer 
vacations  of  1849  and  1850  in  the  law  office  of  Blair  &  Lord  at  Port 
Washington,  now  in  Ozaukee  county,  where  he  was  admitted  to  the  bar 
in  the  fall  of  the  latter  year.  As  a  teacher  he  was  eminently  successful, 
and  built  up  a  school  at  Burlington  which  was  largely  |)alronized,  and 
held  in  high  esteem  by  the  people  of  that  place. 

On  the  first  of  October,  1850,  he  located  at  West  Bend,  in  contem- 
plation of  its  becoming  the  county  seat  of  Washington  county,  where  he 
has  ever  since  resided.  P'or  two  years  the  county  seat  contest  raged, 
and  the  growth  of  the  little  village  of  West  Bend  remained  nearly 
stationary,  and  but  little  business  found  its  way  into  his  office.  He, 
however,  pursued  his  studies  vigorously,  teaching  the  village  school 
during  the  winters  of  1850,  185 1  and  1852,  attending  to  his  little  law 
business  evenings  and  Saturdays.  When  the  division  of  the  county,  in 
the  winter  of  1853,  and  the  establishment  of  the  county  seat  of  the  new 
county  at  West  Bend  took  place,  a  new  era  dawned  upon  the  young 
disciple  of  Blackstone,  and  from  that  time  his  course  was  onward  and 
upward.  In  the  fall  of  1853  he  was  elected  the  first  district  attorney  of 
the  new  county  of  Washington,  and  performed  the  duties  of  the  office 
with  marked  energy  and  success.  In  1854  he  was  one  of  the  secretaries 
of  the  first  republican  state  convention  held  in  Wisconsin,  at  Madison, 
July  13  of  that  year.  In  1856  he  was  appointed  county  judge  of  Wash- 
ington county,  by  Governor  Bashford,  to  fill  out  an  unexjiired  term  ; 
in  i860  was  a  delegate  to  the  national  convention  held  at  Chicago, 
which  nominated  Abraham  Lincoln,  and  was  one  of  its  acting  secre- 
taries: in  the  fall  of  i860  was  elected  to  the  state  legislature  in  an 
intensely  democratic  district,  was  a  member  of  that  body  at  the 
breaking  out  of  the  late  civil  war,  and  was  chairman  of  the  judi(  iary 
committee  at  its  special  session  in  June,  1861;  in  1868  he  was  the 
republican  nominee  for  congress  in  the  fourtii  district,  against  Charles 
.\.  Eldridge,  and  though  defeated,  he  polled  much  the  largest  vote  ever 
cast  for  a  republican  in  the  district ;  the  same  year  he  was  one  of  the 
republican  presidential  electors,  and  in  1872  was  a  delegate  to  the 
republican  national  convention  which  renominated  (General  (irani:  the 


THE    BENCH    AND    BAR    OF    WISCONSIN.  '^Ot 

From  the  day  when  he  began  to  take  an  interest  in  national  affairs  he 
was  an  earnest  and  uncompromising  opponent  of  human  slavery.  It 
has  been,  however,  as  a  lawyer,  that  Mr.  Frisby  has  made  himself 
prominent  in  the  history  of  Wisconsin. 

In  1854  he  formed  a  law  partnership  with  John  E.  Mann,  the  pres- 
ent county  judge  of  Milwaukee  county,  which  continued  till  Mr.  Mann 
was  elected  judge  of  the  third  circuit  in  1859.  He  soon  thereafter 
formed  a  copartnership  with  Paul  A.  Weil,  and  in  1874  S.  S.  Barney 
was  taken  into  the  firm,  and  remained  therein  till  the  fall  of  1879,  when 
ihc  old  firm  of  Frisby  &  Weil  was  again  resumed.  He  has  now  been 
in  the  active  practice  of  his  profession  for  thirty  years,  and  for  the  last 
twenty  years  has  enjoyed  an  extensive  and  lucrative  business.  Mr. 
Frisby  is  regarded  throughout  the  state  as  an  able  lawyer  in  all  branches 
of  the  profession.  He  is  an  earnest  and  successful  advocate  before  a 
jury,  and  has  been  eminently  successful  as  a  jury  lawyer.  As  an 
equity  lawyer  he  has  had  much  experience,  and  his  opinion  in  matters 
arising  under  that  branch  of  the  law  can  pretty  safely  be  relied  upon. 
His  industry  in  the  work  of  his  profession  is  extraordinary,  and  is  a 
subject  of  universal  remark  among  his  friends  and  acquaintances.  This, 
together  with  a  naturally  judicial  mind  and  remarkable  perceptive  facul- 
ties, has  placed  him  in  the  front  ranks  among  the  lawyers  of  Wisconsin. 
In  1854  he  was  married  to  Miss  Frances  Rooker,  of  Burlington,  Racine 
county,  Wisconsin,  they  being  now  comfortably  situated  in  a  pleasant 
home  in  West  Bend,  having  a  family  of  five  children,  two  of  whom,  Miss 
Alice  and  Miss  Almah,  graduated  with  honor  at  the  Wisconsin  State  Uni- 
versity, in  the  class  of  1878. 

Judge  Frisby  was  nominated  on  the  republican  state  ticket  in  1881* 
for  attorney-general,  and  was  elected,  running  far  ahead  of  his  ticket  in 
his  own  village  and  county,  which  is  another  oft-repeated  evidence  of 
the  esteem  in  which  he  is  held  by  those  who  know  him  best. 

Mr.  Frisby  is  tall  and  commanding  in  figure,  pleasant  and  affable  in 
address,  and  owing  to  constant  temperate  habits  his  faculties  are 
remarkably  clear  and  vigorous.  Many  years  of  usefulness  are  evidently 
before  him,  full  of  honor  and  profit,  both  to  himself  and  to  the  large 
circle  of  friends  and  acquaintances  by  whom  he  is  surrounded. 


M  • 


2()S  THK    HKNCH    AND    BAR    OF    WISCONSIN. 

SFXRETARIKS   OF   STATK. 

Peter  Doyle,  Prairie  dii  Chien,  is  a  native  of  Ireland,  having  btcn 
born  at  Myshall,  county  of  Carlow,  December  8,  1844.  His  parents 
came  to  Wisconsin  when  he  was  six  years  old,  and  settled  at  Franklin, 
Milwaukee  county,  his  father  engaging  in  agricultural  and  mercantile 
pursuits.  Mr.  Doyle  enjoyed  the  advantages  of  a  full  and  thorough  edu- 
cation. He  taught  school  for  a  short  time  in  Milwaukee,  but  desiring 
to  adopt  the  profession  of  law,  entered  on  its  study  in  the  office  of  But- 
ler &  Cottrill  in  that  city,  where  he  remained  about  two  years.  In  1865 
he  went  to  Prairie  du  Chien,  engaging  in  railway  business.  When  that 
phice  became  a  city  in  1872,  the  dominant  party  nominated  Mr.  Doyle 
as  first  mayor,  which  he  declined.  The  next  fall  he  was  elected  mem- 
ber of  the  assembly  for  Crawford  county,  and  was  prominent  at  the 
ensuing  session  of  the  legislature,  taking  part  in  the  discussion  of  the 
principal  measures  proposed. 

In  the  fall  of  1873  his  name  was  j)laced  on  the  reform  ticket  for  sec- 
retary of  state,  and  he  was  elected.  In  1875  he  was  reelected,  thus  fill- 
ing the  office  for  four  years,  after  which  he  declined  to  be  a  candidate. 
As  secretary  of  slate  he  was  also  ex-officio  auditor,  and  commissioner  of 
insurance.  The  manner  in  which  secretary  Doyle  discharged  the  duties 
of  his  office  is  thus  referred  to  in  the  Wisconsin  volume  of  the  United 
Stales  Biographical  Dictionary,  published  in  1877:  "No  man  has  ever 
occupied  the  department  of  the  secretary  of  state,  who  has  displayed  a 
better  knowledge  of  its  duties,  or  greaier  ability  or  honesty  in  their  dis- 
charge, than  have  characterized  ihe  Honorable  Peter  Doyle.  Though 
comparatively  a  young  man,  being  but  little  more  than  thirty  years  of 
age,  he  shows  a  maturity  and  wisdom  in  his  action  upon  public  affairs 
which  give  the  impression  of  his  being  a  much  older  man  than  he  really 
is  ;  and  his  official  action  has  the  discretion,  dignity  and  sobriety  which 
belong  to  advanced  years.  He  is  a  thorough  man  of  business,  a  well 
read  lawyer  and  a  scholar  of  ripe  acquirements.  He  is  really  one  of  the 
ablest  men  in  public  life  in  the  state.  His  reports  and  the  part  which 
he  has  taken  in  the  administration  of  the  state  finances  are  evidences  of 
the  thorough  fitness  and  great  capacity  which  he  brought  into  the  office. 
The  vigor  with  which  he  discharges  all  the  duties  which  the  law  places 
upon  him,  and  the  laborious  care  which  he  bestows  not  only  on  the  larger 
but  the  minor  details  of  business  are  such  as  have  not  been  surpassed 
even  by  the  most  industrious  and  experienced  of  his  predecessors." 


i'l._iM    ...Al'.        K^i 


r 


I'HK    HKNTH    AND    BAR    OF    WISCONSIN.  20t 

From  the  day  when  he  began  to  take  an  interest  in  national  affairs  he 
was  an  earnest  and  uncompromising  opponent  of  human  slavery.  It  has 
been,  however,  as  a  lawyer  that  Mr.  Frisby  has  made  himself  prominent 
in  the  history  of  Wisconsin. 

In  1854  he  formed  a  law  partnership  with  John  E.  Mann,  the  present 
county  judge  of  Milwaukee  county,  which  continued  till  Mr.  Mann  was 
elected  judge  of  the  third  circuit  in  1859.  He  soon  thereafter  formed 
a  copartnership  with  Paul  A.  Weil,  and  in  1874  S.  S.  Barney  was  taken 
into  the  firm,  and  remained  therein  till  the  fall  of  1879,  when  the  old 
firm  of  Frisby  &  Weil  was  again  resumed.  He  has  now  been  in  the 
active  practice  of  his  profession  for  thirty  years,  and  for  the  last  twenty 
years  has  enjoyed  an  extensive  and  lucrative  business.  Mr.  Frisby  is 
regarded  throughout  the  state  as  an  able  lawyer  in  all  branches  of  the 
profession.  He  is  an  earnest  and  successful  advocate  before  a  jury, 
and  has  been  eminently  successful  as  a  jury  lawyer.  As  an  equity 
lawyer  he  has  had  much  experience,  and  his  opinion  in  matters  arising 
under  that  branch  of  the  law  can  pretty  safely  be  rclit^d  upon.  His 
industry  in  the  work  of  his  profession  is  extraordinary,  and  is  a  subject 
of  universal  remark  among  his  friends  and  acquaintances.  I'his,  together 
with  a  naturally  judicial  mind  and  remarkable  perceptive  faculties,  has 
placed  him  in  the  front  ranks  among  the  lawyers  of  Wisconsin.  In  1854 
he  was  married  to  Miss  Frances  Hooker,  of  Burlington,  Racine  county, 
Wisconsin,  they  being  now  comfortably  situated  in  a  pleasant  home  in 
West  Bend,  having  a  family  of  five  children,  two  of  whom.  Miss  Alice 
and  Miss  .Almah,  graduated  with  honor  at  the  Wisconsin  State  Tniversiiy 
in  the  class  of  1878. 

Judge  F'risby  was  nominated  on  the  republican  slate  ticket  in  1881 
for  attorney-general,  and  was  elected,  running  far  ahead  of  his  ticket  in 
his  own  villaige  and  county,  which  is  another  oft-repeated  evidence  of 
the  esteem  in  which  he  is  held  by  those  who  know  him  best. 

Mr.  Frisby  is  tall  and  commanding  in  figure,  pleasant  and  affable  in 
address,   and   owing    to    constant    temperate    habits    his    faculties    are 
remarkably  clear  ♦ind  vigorous.     Many  years  of  usefulness  are  evidently* 
before  him,  full  of  honor  and  profit  both   to  himself  and  to  the  large 
circle  of  friends  and  acquaintances  by  wjiom  he  is  surrounded. 


J^, 


'tOH  IHF.    HKNC'H     AND    V..\H    oF    WISCONSIN. 

SECRKTARIKS    OF    STATE. 

Fktfr  Dovle,  Prairie  du  Chien,  is  a  native  of  Ireland,  having  been 
born  at  Myshall,  county  of  Carlow,  December  8,  1844.  His  parents 
came  to  Wisconsin  when  he  was  six  years  old,  and  settled  at  Franklin, 
Milwaukee  county,  his  father  engaging  in  agricultural  and  mercantile 
pursuits.  Mr.  Doyle  enjoyed  the  advantages  of  a  full  and  thorough 
education.  He  taught  school  for  a  short  time  in  Milwaukee,  but  desir- 
ing to  adoi)t  the  profession  of  law,  entered  on  its  study  in  the  office  of 
Butler  &  Cottrill,  in  that  city,  where  he  remained  about  two  years.  In 
1865  he  went  to  Prairie  du  Chien,  engaging  in  railway  business.  When 
that  place  became  a  city,  in  1872,  the  dominant  party  nominated  Mr. 
Dovle  as  first  mayor,  which  he  declined.  The  next  fall  he  was  elected 
member  of  the  assembly  for  Oawford  county,  and  was  prominent  at 
the  ensuing  session  of  the  legislature,  taking  part  in  the  discussion  of 
the  principal  measures  proposed. 

In  the  fall  of  1873  his  name  was  placed  on  the  reform  ticket  for  sec- 
retary of  state,  and  he  was  elected.  In  1875  he  was  reelected,  thus  fill- 
ing the  office  for  four  years,  after  which  he  declined  to  be  a  candidate. 
As  secretary  of  state  he  was  also  ex-officio  auditor,  and  commissioner  of 
insurance.  The  manner  in  which  Secretary  Doyle  discharged  the  duties 
of  his  office  is  thus  referred  to  in  the  Wisconsin  volume  of  the  United 
Slates  Biographical  Dictionary,  published  in  1877:  "  No  man  has  ever 
occuf)ied  the  department  of  the  secretary  of  state  who  has  displayed  a 
belter  knowledge  of  its  duties,  or  greater  ability  or  honesty  in  their  dis- 
charge, than  have  characterized  the  Honorable  Peter  Doyle.  Though 
comparatively  a  young  man,  being  but  little  more  than  thirty  years  of 
age,  he  shows  a  maturity  and  wisdom  in  his  action  upon  public  affairs 
which  give  the  impression  of  his  being  a  much  older  man  than  he  really 
is;  and  his  official  action  has  the  discretion,  dignity  and  sobriety  which 
belong  to  advanced  years.  He  is  a  thorough  man  of  business,  a  well 
read  lawyer,  and  a  scholar  of  ripe  ac(juirements.  He  is  really  one  of  the 
ablest  men  in  public  life  in  the  stale.  His  reports  and  the  part  which 
he  has  taken  in  the  administration  of  the  state  finances  are  evidences  of 
the  thorough  tltness  and  great  capacity  wliich  he  brought  into  the  office. 
The  vigor  witli  whirh  he  discharges  all  the  duties  which  the  law  places 
upon  him,  and  the  laborious  care  which  he  bestows  not  only  on  the  larger 
but  the  minor  details  of  business  are  such  as  have  not  been  surpassed 
even  by  the  most  industrious  and  experienced  of  his  predecessors." 


Vi.ii  ^**^*"--  ^..  M 


THE    BENCH    AND    BAR    OF    WISCONSIN.  211 

After  Mr.  Doyle's  retirement  from  official  position  he  visited  Europe, 
traveling  in  the  British  Isles  and  also  in  France,  Italy,  Austria,- (iermany 
and  Belgium.  Although  for  some  time  a  member  of  the  bar.  soon  after 
his  return  from  his  travels  he  entered  Vale  College,  for  the  purpose  of 
reviewing  his  legal  studies  before  commencing  the  practice  of  law.  He 
remained  there  about  a  year,  during  which  time  he  attended  lectures  in 
other  departments,  especially  that  of  philosophy,  in  addition  to  keeping 
up  with  the  legal  course.  At  the  close  of  the  term  he  received  the 
degree  of  Bachelor  of  Laws,  being  one  of  the  first  of  those  who  obtained 
the  honors  of  the  college  for  the  highest  standing  at  the  graduating 
examination.  In  the  publication  already  referred  to  we  find  the  follow- 
ing reference  to  Mr.  Doyle,  written  by  the  author  of  that  work: 

**  Mr.  Doyle  is  upward  of  six  feet  in  height,  of  well  developed  form, 
and  is  capable  of  enduring  much  physical  and  mental  labor.  He  is 
dignified  in  appearance  and  deportment,  but  is  modest  and  unassuming, 
and  has  a  high  appreciation  of  real  merit.  He  deliberates  carefully,  and 
acts  with  promptness,  energy  and  decision.  Sincere  and  honest  in  his 
convictions,  and  earnest  in  the  advocacy  of  his  principles,  he  looks  only 
to  that  which  he  believes  to  be  right,  disregarding  mere  expediency.  He 
is  a  forcible  writer  and  speaker,  is  clear  in  his  views,  logical  in  argument 
and  classical  in  style.  He  is  fond  of  poetry,  and  is  familiar  with  many 
of  the  works  of  the  English  and  German  poets,  as  well  as  the  ancient 
classical  authors.  Politically  he  favors  the  largest  degree  of  personal 
liberty  consistent  with  the  welfare  of  society,  and  is  strenuously  opposed 
to  interference  by  the  state  in  matters  pertaining  to  individual  right  or 
private  conscience."  In  religion  he  is  a  Catholic,  and  to  this  faith  he 
has  always  adhered  in  profession  and  practice.  The  accompanying 
portrait  was  taken  at  the  close  of  Mr.  Doyle's  course  at  Vale.  He 
intends  to  commence  the  practice  of  law  the  present  year,  business 
engagements  and  official  life  having  prevented  his  doing  so  sooner. 

John  Scott  Horner  was  born  at  Warrenton,  Virginia,  December  5, 
1S02.  He  graduated  at  Washington  College,  Pennsylvania,  in  18 19,  and 
practiced  law  in  Virginia  until  1835,  at  which  time  he  was  appointed 
by  President  Jackson  secretary  and  acting  governor  of  the  territory  of 
Michigan,  which  included  Wisconsin.  On  the  formation  of  Wisconsin 
into  a  territory  he  was  appointed  its  secretary,  and  subsecjuently  acted 
as  register  of  the  land  office  at  (rreen  Bay  thirteen  years,  and  judge  of 


'i\2  THE    BENCH    AND    HAR    (>K    WISCONSIN. 

probate  four  years  for  the  counties  of  Marquette  and  Green  Lake. 
The  venerable  governor  is  passing  the  decline  of  his  active  and  useful 
life  in  quiet  and  elegant  retirement  at  his  large  and  comfortable  resi- 
dence in  Ripon. 

John  Catlin  was  born  at  Orwell,  Vermont,  October  13,  1803. 
His  education  was  primarily  in  the  common  schools,  completing  it  at 
Newton  Academy.  Quitting  school  at  the  age  of  eighteen,  he  com- 
menced teaching,  which'  employment  he  followed  nine  successive 
winters,  devoting  summers  to  self-culture  and  reading  law  under  the 
direction  of  Augustus  C.  Hand,  at  Elizabethtown,  New  York,  and  was 
admitted  to  the  bar  when  thirty  years  of  age.  He  came  to  Wisconsin 
in  1836,  located  at  Mineral  Point  in  law  partnership  with  Moses  M. 
Strong.  In  the  fall  of  that  year  he  was  appointed  clerk  of  the  supreme 
court,  and  was  clerk  of  the  territorial  house  of  representatives  from 
1838  to  1846.  In  the  spring  of  1838  he  received  the  appointment  of 
postmaster  at  Madison,  and  removed  his  residence  to  the  then  new 
capital  of  the  territory.  On  the  change  of  administration  by  the  election 
of  General  Harrison  to  the  presidency,  he  was  removed  from  the  office, 
but  was  reinstated  by  President  Tyler,  and  held  the  office  until  1844, 
upon  his  election  as  a  member  to  the  territorial  council.  He  was  the 
first  district  attorney  for  Dane  county,  and  was  appointed  secretary  of 
the  territory  in  1846,  and  occupied  the  office  until  1848,  upon  Wisconsin 
becoming  a  state.  Subsequently  he  was  elected  county  judge  for  Dane 
county,  which  he  resigned  to  become  president  of  the  Milwaukee  & 
Mississippi  Railroad  Company,  in  consequence  of  which  he  removed 
to  Milwaukee.  He  officiated  in  that  capacity  until  1856,  when  he 
declined  a  reelection,  but  accepted  the  office  the  succeeding  year,  and 
continued  his  connection  with  it  until  its  consolidation  with  the  Mil- 
waukee c^  St.  Paul  Railway  Company.  One  of  the  early  pioneers  of 
Wisconsin,  Judge  Catlin  was  conspicuous  in  public  affairs  of  that  early 
day,  as  the  record  of  his  life  narrated  above  will  show. 


M     ri 


THE    BENCH    AND    BAR    OF    WISCONSIN.  vl'5 

UNITED   STATES   ATTORNEYS. 

Moses  McCure  Strong,  Mineral  Point,  is  of  Puritan  stock.  His 
paternal  ancestor,  Elder  John  Strong,  emigrated  to  America  in  1629, 
and  settled  at  Dorchester,  Mass.  He  died  at  the  age  of  ninety-four 
years  at  Northampton.  The  father  of  Mr.  Strong  was  educated  as  a 
lawyer  and  became  distinguished  at  the  bar.  In  1825  he  was  called  to 
the  bench,  whence  he  retired  to  private  life.  Moses  McCure  Strong 
was  bom  at  Rutland,  Vermont,  May  20,  18 10.  He  derived  his  earliest 
educational  instruction  from  his  mother.  He  was  five  years  at  the  vil- 
lage school,  thence  went  to  the  grammar  school  at  Castleton,  Vermont. 
In  1825  he  entered  the  freshman  class  of  Middlebury  College,  Ver- 
mont. Three  years  after  he  joined  the  senior  class  of  Dartmouth  Col- 
lege, where  he  graduated  in  1829.  Having  graduated  he  entered  the 
law  office  of  Rodney  C.  Royce,  and  at  the  expiration  of  one  year  he 
entered  the  law  school  at  Litchfield,  Connecticut,  where  he  remained 
one  year,  when,  after  a  thorough  examination  in  open  court  by  the  judges 
and  members  of  the  barj  he  was  admitted  to  practice  in  all  the  courts  of 
Connecticut.  In  1836  he  removed  to  Wisconsin.  In  July,  1832,  Mr. 
Strong  was  married  to  Miss  Caroline  Frances  Green,  daughter  of  Dr. 
Isaac  Green,  of  Windsor,  Vermont.  In  1833  he  received  the  appoint- 
ment of  deputy  surveyor  general  of  the  State  of  Vermont.  In  1835, 
when  the  democratic  and  whig  parties  were  being  organized  for  the 
approaching  presidential  election,  although  M  r.  Strong's  father  and  numer- 
ous relatives  were  all  whigs,  yet  the  leading  measures  of  Jackson's  adminis- 
tration met  his  approval,  and  he  cut  loose  from  his  political  associations, 
and  supported  Mr.  Van  Buren  for  the  presidency.  In  1836,  while  at 
Washington  city,  he  was  engaged  by  Governor  Hubbard  and  others  to 
invest  large  sums  of  money  in  government  lands,  and  under  their  direc- 
tions he  went  directly  to  Mineral  Point,  in  Wisconsin,  and  invested  the 
funds  intrusted  to  him.  Upon  his  arrival  he  opened  a  law  and  land 
agency  office,  and  has  made  that  place  his  home  ever  since.  In  1837 
Mr.  Strong  received  an  appointment  from  General  Lytle  for  surveying 
government  lands  on  the  west  side  of  the  Mississippi  river,  in  what  is 
now  Jackson  and  Dubuque  counties.  In  1838  he  was  appointed  United 
States  attorney  for  the  territory  of  Wisconsin,  which  office  he  held  three 
years,  discharging  his  duties  with  punctuality  and  ability,  and  ac(|uiring 
high  professional  distinction.     In  1841  Mr.  Strong  was  elected  a  mem- 


•^14  THE    BENCH    AND    BAR    OF    WISCONSIN. 

her  of  the  legislative  council  to  fill  a  vacancy,  and  in  1842  was  reelected 
for  the  full  term  of  four  years,  in  which  he  took  a  prominent  and  active 
part  in  all  questions  brought  before  it,  and  was  twice  elected  as  its  presi- 
dent. He  was  elected  as  one  of  the  delegates  to  the  convention  which 
assembled  at  Madison  in  1846,  and  took  a  leading  part  in  framing  the 
first  constitution.  This  constitution  was  submitted  to  the  people  for 
adoption,  and,  after  very  exciting  discussions  throughout  the  state,  was 
rejected.  Another  constitution  was  adopted  in  February,  1848,  and 
ratified  by  the  people  in  March  of  that  year.  In  November,  1849,  M*** 
Strong  was  elected  to  the  assembly,  and  at  the  meeting  of  the  legis- 
lature in  1850  was  chosen  speaker.  The  session  lasted  thirty-four  days, 
being  the  shortest  ever  held  in  the  state,  mainly  due  to  the  promptness 
and  ability  of  the  speaker. 

In  1852  he  devoted  much  of  his  time  in  aiding  the  construction  of 
the  La  Crosse  &  Milwaukee  railroad,  and  afterward  in  constructing 
the  Mineral  Point  railroad.  He  drew  up  the  charter  of  the  La  Crosse 
railroad,  and  its  adoption  was  due  chiefly  to  his  efforts.  He  was  elected 
its  first  president,  and  continued  in  its  management  until  the  financial 
disaster  of  1857.  He  was  also  president  of  the  Mineral  Point  railroad, 
which  he  materially  benefited  by  making  successful  arrangements  with  the 
Illinois  Central  and  Galena  &  Chicago  railroads.  Mr.  Strong  spent  six 
years  in  promoting  the  success  of  these  enterprises,  which  withdrew  him 
from  his  profession  of  the  law,  and  it  required  years  of  laborious  effort 
to  regain  what  he  had  lost. 

Mr.  Strong,  from  early  education  and  habit  of  thought,  is  a  firm 
believer  in  the  Christian  religion,  and  being  attracted  by  the  beautiful 
and  classic  liturgy  of  the  Episcopal  church,  he  took  an  active  part  in 
organizing  a  church  in  Vermont  and  was  a  member  of  the  vestry.  On 
removing  to  Mineral  Point  he,  with  a  few  other  churchmen,  organized 
Trinity  church  in  that  parish,  of  which  he  has  ever  since  been  a  vestry- 
man, and  in  which  he  received  the  rite  of  confirmation  at  the  hands  of 
Bishop  Kemper.  Since  then  he  has  been  a  regular  communicant  and 
frequently  a  delegate  to  the  diocesan  convention.  His  religious  char- 
acter has  nothing  of  asceticism  in  it.  He  has  always  indulged  in  the 
innocent  amusements  of  life.  Since  1858  he  has  avoided  public  life, 
and  confined  himself  chiefly  to  his  professional  duties  in  the  practice  of 
the  law.  Nature  has  endowed  Mr.  Strong  with  some  rare  gifts,  among 
them  a  vigorous,  physical  constitution,  and  intellectual  ability  of  a  high 


_  _-■  n 


THE    BENCH    AND    BAR    OF    WISCONSIN.  ^ilT) 

order,  logical,  discriminating  and  comprehensive.  He  is  an  able  debater, 
a  close  reasoner,  an  impressive,  and  occasionally  and  eloquent  speaker. 
He  has  acquired  an  enviable  reputation  at  the  bar  and  in  the  legislative 
councils,  in  which  bodies  as  a  parliamentarian  and  presiding  officer  he 
has  had  no  superior  in  the  state.  But  his  knowledge  of  the  principles  of 
law,  his  calm  deliberation,  his  logical  power  and  his  analytical  acumen, 
better  fit  him  for  the  bench  than  the  bar. 

George  W.  Lakin,  Milwaukee,  was  born  in  Harrison,  Cumberland 
county,  Maryland,  March  29,  1816.  He  was  educated  at  the  Wesleyan 
Seminary,  at  Readfield,  Maine,  graduating  in  1837.  In  the  same  year 
he  taught  school  in  Livermore,  Maine,  boarding  in  the  family  of  Israel 
Washburn,  father  of  the  noted  family  of  congressmen  by  that  name. 
He  commenced  the  study  of  law  in  1838,  at  Readfield  Corners;  came  to 
the  west  in  1839;  spent  some  time  in  Missouri,  and  was  admitted  to  the 
bar  of  that  stale  in  1841.  After  admission  to  the  bar,  he  came  at  once 
Xo  Wisconsin,  and  opened  an  office  at  Platteville,  Grant  county,  in  the 
same  year.  In  1847  Mr.  Lakin  was  elected  representative  from  the 
county  of  Grant  to  the  constitutional  convention,  and  in  that  body 
served  on  the  committee  on  banks,  banking  and  incorporations.  He 
took  a  prominent  part  in  the  discussions  of  the  convention,  speaking  upon 
many  of  the  most  important  subjects  before  it.  He  had  a  strong  mind, 
highly  cultivated,  and,  possessing  an  excellent  voice,  his  speeches  were 
always  listened  to  with  marked  attention.  In  1848  he  was  elected  a 
member  of  the  state  senate,  in  which  body  he  served  two  years,  ranking 
among  the  ablest  men  in  it,  and  was  valuable  and  useful  in  shaping  the 
affairs  of  the  state  government.  He  was  appointed  United  Stales  dis- 
trict attorney  for  Wisconsin,  in  1849,  by  President  Taylor,  and  held  the 
office  until  the  close  of  Mr.  Fillmore's  term  in  1853,  discharging  the 
duties  of  the  position  with  marked  ability,  and  fidelity  to  the  interests 
of  the  government.  In  1854  Mr.  Lakin  removed  to  the  city  of  Mil- 
waukee, where  he  has  ever  since  devoted  his  time  to  the  practice  of  his 
profession.  He  still  resides  in  Milwaukee,  an  honored  member  of 
its  bar. 

Don  Alonzo  J.  Upham,  Milwaukee,  was  born  in  Weathersfield, 
Windsor  county,  Vermont,  May  31,  1809.  When  sixteen  years  of  age 
he  chose  the  legal  profession,  and  attended  the  preparatory  school  at 


— .-^.x*. 


210  THK    BENCH    AND    BAR    OF    WISCONSIN. 

Chester,  Vermont,  and  subsequently,  in  1826  and  1827,  at  Meriden, 
New  Hampshire.  At  the  age  of  nineteen  he  entered  the  sophomore 
class  at  Union  College,  Schenectady,  New  York,  and  graduated  in  1830. 
He  entered  the  law  office  of  James  Tallmadge,  in  New  York  city,  as  a 
law  student,  was  admitted  to  the  bar  in  the  city  of  Baltimore,  look  up 
his  residence  in  Wilmington  in  1834,  and  commenced  the  practice  of  law. 
In  1835  he  was  elected  city  attorney.  He  settled  in  Milwaukee  in  the 
fall  of  1837  in  partnership  with  Clinton  Walworth,  and  at  a  later  day 
with  Wilson  (iraham.  He  was  a  member  of  the  territorial  legislative 
assembly  in  1840,  1841  and  1842;  was  elected  county  attorney  in  1843; 
was  president  of  the  constitutional  convention  of  1846 ;  was  elected 
mayor  of  the  city  of  Milwaukee  in  1849,  reelected  in  1850,  and  was 
United  States  attorney  from  1857  to  186 1.  His  health  failing  in  1863, 
he  retired  from  the  active  duties  of  his  profession,  and  died  July  19, 
1877. 

Charles  Morton  Webb,  Grand  Rapids,  a  native  of  Towanda, 
Pennsylvania,  was  born  December  30,  1833.  His  father,  John  L.  Webb, 
was,  in  his  latter  years,  a  merchant  and  prominent  politician,  and  at 
the  time  of  his  death,  which  occurred  in  1846,  he  was  a  member  of  the 
Pennsylvania  legislature.  His  mother's  maiden  name  was  Annis  Ham- 
mond. She  died  about  1875.  Charles  M.  Webb  closed  his  studies  in 
school  at  the  age  of  twelve  years,  and  entered  a  printing  office  at  Troy, 
Pennsylvania.  Subsequently  he  worked  at  the  printers'  trade  at  Wclls- 
boro,  in  the  same  state.  In  1850  he  entered  the  military  academy,  West 
Point,  and  there  sj)ent  a  year  and  a  half.  He  worked  in  a  printing 
office  at  Washington,  District  of  Columbia,  about  two  years,  and  in  1855 
began  the  study  of  law  with  Ulysses  Mercur,  a  member  of  the  supreme 
bench  of  Pennsylvania,  and  was  admitted  to  the  bar  of  that  state  in 
September  1857.  After  spending  a  short  time  looking  for  an  opening 
he  settled  in  April,  1858,  at  Cirand  Rapids,  at  that  time  a  village  of 
eight  hundred  inhabitants.  During  the  first  year  of  his  residence  there 
he  was  elected  district  attorney,  and  held  that  position  at  the  opening  of 
the  rebellion  in  1861.  Resigning  his  office  in  September  of  that  year 
he  entered  the  army  as  first  lieutenant  of  Company  G,  Twelfth  Regiment, 
and  after  eight  months  service  resigned.  Returning  to  Grand  Rapids 
he  resumed  his  legal  practice,  and  in  1864  was  elected  clerk  of  the  board 
of  supervisors,  in  which  capacity  he  served  during  two  terms.     He  was 


THE    RENCH    AND    BAR    OF    WISCIONSIN.  217 

elected  to  the  state  senate  in  1868,  and  served  two  sessions.  He  was 
United  States  district  attorney  for  the  western  district  of  Wisconsin  from 
the  creation  of  that  district  in  1870  until  he  resigned  in  1877.  He  has 
always  acted  with  the  republican  party.  On  the  2d  of  January,  1857,  he 
was  married  to  Miss  Jane  Pierce,  of  Smithfield,  Pennsylvania,  and  has 
three  children.  Mr.  Webb  is  a  close  student  of  law.  His  strength 
is  before  a  jury:  he  is  logical,  clear  and  persuasive.  In  1881  Mr. 
Webb  received  the  appointment  of  register  of  the  land  office  at  Dead- 
wood,  Dakota,  and  has  entered  upon  the  duties  of  the  office,  his  tem- 
porary removal  from  Wisconsin  being  regretted  by  the  many  friends  he 
leaves  behind. 

Henry  M.  Lewis,  Madison,  was  born  in  Cornwall,  Vermont,  Sep- 
tember 7,  1830;  came  to  Wisconsin,  and  settled  near  Sun  Prairie,  in 
1846.  His  education  was  obtained  in  the  public  schools  of  Vermont 
and  Wisconsin,  and  one  term  at  the  University  of  the  latter  state. 
He  studied  law  at  Madison  in  the  several  offices  of  L.  P.  Vilas  &  Rem- 
ington, and  Judge  A.  L.  Collins  and  G.  B.  Smith,  and  was  admitted  at 
the  same  place  in  November,  1853.  He  began  practice  the  same  fall 
at  Hudson  as  a  member  of  the  firm  of  Semmes,  McMillan  &  Lewis, 
having  an  office  also  at  Stillwater.  ^  Mr.  Lewis  came  to  Madison  and 
opened  an  office  in  1854,  where  he  has  since  remained.  From  1861  to 
1863  he  was  district  attorney  for  Dane  county;  alderman  from  1862  to 
1869;  a  member  of  the  board  of  education  for  two  years.  In  March, 
1867,  he  was  appointed  United  States  revenue  collector  for  the  second 
collection  district  of  Wisconsin,  which  office  he  held  until  1873.  In 
September,  1875,  he  was  appointed  assistant  United  States  district 
attorney  for  the  western  district  of  Wisconsin,  and  upon  the  resignation 
of  Charles  M.  Webb,  in  February,  1878,  was  appointed  United  States 
district  attorney,  which  position  he  still  holds. 

Jefferson  Clark  McKennev,  Milwaukee,  was  born  at  Hridgton, 
Maine,  April  27,  1841.  His  parents,  Humphrey  and  Lydia  McKenney, 
removed  to  Wisconsin  in  September,  1854,  and  settled  in  Columbia 
county.  Jefferson  entered  the  State  University  at  Madison  in  1857,  and 
attended  that  institution  until  1861,  pursuing  a  scientific  course.  For 
a  short  time  in  i860  and  186 1  he  read  law  with  Smith  S.  Wilkinson,  at 
Prairie  du  Sac,  and  subsequently  with  Henry  W.  and  Daniel  R.  Ten- 


218  THE    BENCH    AND    BAR    OF    WISCONSIN. 

ney,  at  Madison.  '  In  August,  1862,  he  enlisted  in  the  Twenty-third 
Wisconsin  Infantry,  and  was  appointed  first  sergeant  of  Company  I. 
He  served  until  the  following  April,  when*  he  was  discharged  for  disa- 
bility contracted  during  Sherman's  unsuccessful  attack  on  Vicksburg. 
On  May  22,  1863,  Mr.  McKenney  was  admitted  to  the  bar  of  the  circuit 
court  of  Dane  county.  April  20,  1875,  on  motion  of  Timothy  O.  Howe, 
he  was  admitted  to  the  supreme  court  of  the  United  States.  In  1863  he 
took  up  his  residence  in  Chicago,  where  he  remained  for  a  little  more 
than  a  yean  Thence  he  returned  to  Madison,  and  continued  to 
practice  his  profession  at  that  place  until  1875,  when  he  removed  to 
Milwaukee.  In  1868  he  was  employed  by  Door  county  to  prosecute 
Patrick  McDonald  for  the  murder  of  Thomas  Stinson,  the  trial  result- 
ing in  the  conviction  of  the  prisoner,  and  a  sentence  of  imprisonment 
for  life.  P'or  some  time  Mr.  McKenney  was  an  alderman  of  the  city  of 
Madison,  and  from  July  16,  1869,  to  January  i,  1872,  was  district 
attorney  of  Dane  county.  From  January  i,  187 1,  for  several  years,  he 
was  assistant  United  Stales  district  attorney  for  the  western  district  of 
Wisconsin.  In  July,  1873,  he  received  a  special  appointment  to  con- 
duct proceedings  to  enjoin  the  Milwaukee  &  St.  Paul  Railroad  Com- 
pany from  building  a  bridge  across  the  Mississippi  river  near  La  Crosse, 
and  was  successful  in  procuring  the  injunction  at  the  suit  of  the  United 
States. 

May  15,  1875,  he  was  employed  by  telegraph  from  the  government 
at  Washington,  to  take  charge  of  the  prosecutions  against  the  **  whisky 
ring  "  of  Milwaukee ;  and  to  thai  end  was  appointed  first  special  assist- 
ant United  States  district  attorney  for  the  eastern  district  of  Wisconsin, 
and  subseijuently  acting  district  attorney.  About  the  same  time  he  was 
also  appointed  special  assistant  United  States  attorney  for  the  northern 
district  of  Illinois,  but  did  not  qualify  in  that  capacity.  The  so-called 
whisky  trials  are  so  famous  and  interesting  a  part  of  the  history  of  our 
courts  that  they  occupy  a  separate  chapter  in  this  volume ;  and  it  is  suffi- 
cient to  say  here  that  Mr.  McKenney  conducted  them  with  notable  vigor 
and  ability,  bringing  to  bear  against  the  defendants  the  skill  of  a 
detective,  and  the  learning  of  a  thorough  lawyer.  After  their  close  he 
was  several  times  employed  by  the  United  States  as  s()ecial  assistant  in 
suits  of  more  than  ordinary  importance.  In  the  fall  of  1878  Mr.  Mc- 
Kenney was  chosen  district  attorney  of  Milwaukee  county,  and  served 
in  that  capacity  for  the  two  years  ensuing. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  219 

John  J.  Jenkins,  Chippewa  Falls,  was  a  native  of  England,  having 
been  born  in  that  country  in  1843,  and  came  to  the  United  Stales  when 
a  youth.  He  was  educated  at  Baraboo,  this  slate,  where  he  also  studied 
law  and  was  admitted  to  the  bar.  Coming  to  Chippewa  Falls  he  entered 
into  partnership  with  J.  M.  Bingham,  lieutenant-governor  of  the  stale, 
which  continued  several  years,  and  also  at  one  lime  Mr.  W.  R.  Hoyt 
was  associated  with  him  in  practice.  Mr.  Jenkins  has  filled  several 
offices  in  the  line  of  his  profession :  for  three  terms  he  was  city  attorney 
for  Chippewa  Falls;  county  judge  of  Chippewa  county  two  terms; 
member  of  the  Wisconsin  legislature  for  the  session  of  1872,  and  United 
States  attorney  for  Wyoming  territory,  having  been  appointed  thereto  by 
President  Grant.  During  the  late  war  he  served  in  Company  A,  Sixth 
Wisconsin  Infantry.  When  in  the  legislature  Mr.  Jenkins  took  an  active 
part  in  the  proceedings  of  that  body,  and  was  an  influential  member. 

ATTORNKYS    BY    JIDICIAL   CIRCUITS. 

FIRST    circuit. 

John  Tracy  Fish,  Racine,  was  born  at  Lake  Pleasant,  Hamilton 
county,  New  York,  November  7,  1834.  His  father  was  Joseph  Warren 
Fish,  a  man  of  notably  excellent  judicial  judgment,  and  of  great  honor 
and  integrity  of  character.  Mr.  Fisher's  early  education  was  begun  in 
the  public  schools  and  completed  in  Kingsborough  Academy,  New 
York.  He  came  west  in  1854  to  Walworth  county,  Wisconsin.  He 
studied  law  in  McHenry,  McHenry  county,  Illinois,  and  subse(juently 
in  Whitewater  with  Mr.  Kellogg,  and  was  admitied  in  July,  1859,  at 
Elkhorn.  He  commenced  practice  at  Sharon,  Walworth  county,  and 
remained  there  until  the  opening  of  the  war.  In  September,  1861,  he 
entered  the  army  and  served  in  the  Thirteenth  regiment  as  second 
lieutenant,  first  lieutenant  and  captain,  until  December  26,  1865,  when 
he  was  mustered  out  with  his  regiment  at  Madison,  and  resumed  the 
practice  of  law  at  Sharon.  In  1867  he  removed  to  Burlington,  and 
practiced  there  until  the  fall  of  1868,  when,  upon  his  election  as  district 
attorney  of  Racine  county,  he  removed  to  Racine  in  the  spring  of  1869. 
He  served  in  that  capacity  four  years.  In  187 1  he  went  into  partner- 
ship with  Charles  H.  Lee.  After  this  connection  ceased,  in  1878,  Mr. 
Fish  was  alone  till  March  t88o,  when  he  took  his  son,  F.  M.  F'ish,  into 

partnership.       His    practice    has    been    extensive,    and    has    extended 

18 


''IW  THE    BENCH    AND    BAR    OF    WISCONSIN. 

through  all  the  courts  from  that  of  justice  of  the  peace  to  the  supreme 
court  of  the  United  States. 

Frank  M.  Fish,  Racine,  was  born  in  McHenry  county,  Illinois, 
July  4,  1858,  was  educated  in  the  public  schools  and  at  I.  G.  McMynn's 
Academy  in  Racine.  He  studied  law  with  Fish  &  Lee,  of  Racine, 
where  he  was  admitted  in  July,  1879.  Since  March,  1880,  he  has  been 
in  partnership  with  his  father,  John  T.  Fish,  Racine. 

Nicholas  N.  Harrington,  Delavan,  was  born  in  West  Greenwich, 
Rhode  Island,  July  15,  1815.  In  1817  Mr.  Harrington  removed  to 
Potter,  Yates  county,  New  York,  in  company  with  his  parents.  His 
early  educational  advantages  were  very  limited,  his  attendance  at 
school  not  being  more  than  one  year  previous  to  his  nineteenth  birth- 
day. At  this  time  he  became  a  teacher  at  eleven  dollars  per  month, 
an  occupation  which  he  continued  during  seven  winters  and  two  sum- 
mers. During  this  time  he  attended  the  Yates  county  academy,  and 
the  Franklin  Academy  at  Prattsburgh,  New  York,  and  by  close  applica- 
tion to  his  studie.s  in  and  out  of  school  acquired  a  good  English  educa- 
tion, and  some  knowledge  of  Latin  and  (ireek.  In  1843  he  became  an 
inhabitant  of  the  Territory  of  Wisconsin,  making  Delavan,  then  an 
infantile  hamlet,  his  first  stopping-place,  soon  deciding  to  make  it  his 
permanent  home,  and  entering  into  the  mercantile  pursuit.  He  gave 
his  services  to  the  deaf  and  dumb  institute,  located  at  Delavan,  for 
fourteen  years,  as  trustee,  treasurer  and  corresponding  secretary.  He 
accepted  the  office  of  postmaster  under  the  administration  of  Franklin 
Pierce,  unsolicited,  for  the  purpose  of  obtaining  additional  mail  facili- 
ties for  Delavan.  Mr.  Harrington  is  an  admitted  attorney  at  the  courts 
of  the  state.  In  politics  he  is  usually  associated  with  the  democratic 
party,  but  in  the  late  war  period  he  earnestly  lent  his  influence  to  the 
preservation  of  the  Union.  Mr.  Harrington  has  been  thrice  married : 
his  present  wife  was  Catharine  M.  Crosby,  daughter  of  Eber  Crosby,  a 
descendant  of  Enoch  Crosby,  the  Harvey  Birch,  Cooper's  spy,  of  the 
revolution.  She  is  a  lady  of  superior  culture  and  sterling  qualities. 
Mr.  Harrington  has  been  very  successful  in  the  business  of  life,  and  is  a 
highly  respected  citizen. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  221 

John  M.  Hayes,  Kenosha,  was  born  at  Berwick,  York  county, 
Maine,  August  30,  1838,  graduated  from  Dartmouth  College  in  the  class 
of  i860;  taught  school  every  winter  during  his  college  course;  studied 
law  with  Sullivan  Cavimo  at  Lockport,  New  York,  one  year;  graduated 
at  Albany  Law  School,  Albany,  New  York,  in  1862;  was  admitted  to 
the  bar  in  Albany,  1862,  in  Chicago  the  same  year,  and  in  Kenosha  in 
1876;  practiced  in  Chicago  from  1862  to  1868,  three  years  of  which 
were  with  A.  Van  Buren  in  the  firm  of  Van  Buren  &  Hayes;  was  with 
Daniel  L,  Shorey  in  the  firm  of  Shorey  ^'  Hayes,  in  Lockport,  New 
York,  from  1868  to  1870;  again  in  Chicago  from  1873  10  1876  and  in 
Kenosha  from  1876  to  the  present  time  as  one  of  the  firm  of  Van  Bus- 
kirk  &  Hayes  for  a  while  and  now  alone.  From  1870  to  1873  the  prac- 
tice of  Mr.  Hayes  was  interrupted  by  ill  health.  Mr.  Hayes  is  a  mem- 
ber of  the  fraternities  of  Freemasons  and  Odd-Fellows.  In  Kenosha  he 
has  been  closely  identified  with  the  cause  of  public  schools  and  has  acted 
in  the  capacity  of  superintendent  of  them. 

Charles  Henry  Lee,  Racine,  was  born  in  Racine,  August  22,  1847, 
and  is  the  son  of  Alanson  H.  Lee,  one  of  the  pioneer  settlers  of  Racine, 
He  was  educated  at  the  public  schools  of  that  city  while  under  the 
direction  and  teaching  of  J.  G.  McMynn  of  educational  celebrity.  Sub- 
sequently he  was  a  year  in  the  law  school  at  Albany,  New  York,  and  then 
entered  the  law  office  of  Fuller  &  Dyer,  Racine,  in  September,  1866,  as  a 
law  student,  and  was  admitted  to  the  bar  in  1869  at  the  age  of  twenty-one. 
From  that  time  he  had  charge  of  the  office  business  of  that  firm  until 
April,  1871,  when  a  partnership  was  formed  with  John  T.  Fish,  Racine, 
under  the  firm  of  Fish  &  Lee,  which  continued  until  January  1878. 
Since  February,  1878,  he  has  been  exclusively  employed  as  the  general 
attorney  of  the  firm  of  J.  L  Case  &  Comi)any  and  of  the  Case  Threshing 
Machine  Company,  their  successors.  Mr.  L^e  is  a  republican,  but  in  no 
sense  a  politician,  and  his  religion  is  his  own  private  affair. 

Joseph  H.  Page,  Whitewater,  was  born  at  (Columbus,  New  York,  on 
June  14,  1832.  He  received  his  early  education  in  his  native  town, 
and  when  twenty-four  years  of  age,  he  put  himself  under  the  instruction 
of  Reverend  J.  P.  Hunting,  a  retired  professor,  and  devoted  a  portion 
of  the  day  to  study,  working  at  a  trade  the  rest  of  the  time.  He  pur- 
sued the  same  plan  in  his  study  of  law,  spending  five  hours  of  the  day 


2*-^'^  THE    BENCH    AM)    BAR    OF   WISCONSIN. 

at  work,  and  the  remainder  in  study.  After  three  years  he  entered  the 
law  office  of  H.  C.  &  R.  L.  Miner,  Madison  county,  New  York,  and 
remained  there  one  year,  until  1862.  He  was  admitted  to  the  bar,  at 
Binghamton,  by  the  four  judges  of  the  general  term.  He  afterward 
went  to  West  Edmeston,  and  practiced  his  profession  there  during  one 
year.  He  then  came  to  Wisconsin,  and  in  1865  settled  at  Whitewater. 
In  November  of  the  same  year  he  entered  into  a  law  partnership  with 
N.  D.  Montague,  which  continued  until  July,  1870,  when  the  firm  dis- 
solved. Mr.  Page  then  conducted  the  business  alone  until  1878, 
when  he  took  Samuel  Bishop  into  partnership,  which  connection  still 
continues. 

Joseph  Very  Quarles,  Racine,  was  bom  in  the  city  of  Kenosha, 
December  16,  1844,  and,  having  received  preparatory  instruction,  he 
entered  Michigan  University,  took  a  full  classical  course,  and  graduated 
from  that  institution  in  the  class  of  1866.  He  then  commenced  the 
study  of  law  with  O.  S.  Head,  one  of  the  oldest  practitioners  of 
the  state;  was  admitted  to  the  bar  in  1868,  and  entered  upon  practice 
in  Kenosha  in  partnership  with  Mr.  Head  in  1868.  When  the  war  of 
the  rebellion  broke  out  he  entered  the  army  and  was  lieutenant  in 
Company  C,  Thirty-ninth  Wisconsin  regiment.  On  returning  from 
military  service  he  recommenced  the  practice  of  his  profession,  which 
he  has  since  continued  at  Kenosha.  While  yet  young,  Mr.  Quarles  has 
been  called  to  public  life :  was  district  attorney  for  Kenosha  county 
six  years  ;  mayor  of  the  city  in  1876;  president  of  the  board  of  educa- 
tion for  1877  and  1878;  member  of  the  assembly  in  1879,  and  state 
senator  in  1880  and  1881.  During  senator  Quarles'  service  in  the  legis- 
lature, he  gradually  arose  to  influence  and  considerable  distinction,  serv- 
ing on  the  judiciary  and  other  important  committees.  At  the  election  of 
United  States  senator  in  1881,  to  fill  the  place  of  August  Cameron,  Mr. 
(Quarles,  without  being  a  candidate,  received  a  handsome  vote  in  the 
republican  nominating  caucus,  and,  had  he  not  immediately  withdrawn 
his  name,  there  is  no  knowing  what  might  have  been  the  consequence. 
At  that  time  Mr.  Quarles  declared  his  intention  to  withdraw  from  pub- 
lic life  for  ten  years,  under  the  advice  of  physicians,  to  save  his  health, 
which  had  become  impaired  by  over  mental  labor  in  the  duties  of  office ; 
and  he  was  obliged,  for  the  same  reason,  to  withdraw  from  the  senate 
before  the  final  close  of  the  session.     Mr.  Quarles  has  a  very  extensive 


r^ 


THK    BKNCH    AND    BAR    OF    WISCONSIN.  'i'2'.i 

law  practice,  and  has  a  just  reputation  as  a  public  speaker.  Since  this 
sketch  has  been  prepared,  Mr.  Quarles  has  moved  to  Racine  in  the 
prosecution  of  his  profession  in  that  city. 

Marshall  M.  Strong,  Racine,  was  a  native  of  Amherst,  Massachu- 
setts, where  he  spent  his  early  days  at  the  academy  and  college  of  that 
place,  but  finished  his  collegiate  course  and  graduated  at  Union  Col- 
lege, Schenectady,  New  York.  He  then  engaged  in  the  study  of  law 
in  the  city  of  Troy,  in  that  state,  and  was  then  admitted  to  the  bar.  In 
June,  1836,  he  came  to  Racine  county,  then  almost  an  unsettled  coun- 
try. In  1838  he  was  elected  a  member  of  the  territorial  council,  and 
was  one  of  a  committee  of  three  from  that  body  to  revise  the  laws  of 
the  territory,  in  which  capacity  he  faithfully  performed  his  duties.  From 
that  time  forward  his  reputation  was  established  in  the  front  rank  of  his 
profession  throughout  the  territory.  In  1846  he  was  elected  a  member 
of  the  house  of  representatives  of  this  state,  where  he  continued  to  per- 
form his  duties  with  untiring  industry  until  an  appalling  calamity  called 
him  from  his  labors  to  mourn  in  silence  and  solitude  the  entire  loss  by 
fire  of  a  much  beloved  and  interesting  family.  .As  time  restores  the 
deeply  afflicted  to  themselves,  to  society  and  to  the  business  of  the 
world,  his  usual  cheerfulness  returned  to  him,  and  he  to  his  professional 
labors.  He  was  a  member  of  the  first  constitutional  convention  for 
framing  a  slate  constitution,  but  so  widely  different  from  a  majority  of 
that  body  that  he  resigned  before  the  close  of  the  session,  and  the  con- 
stitution ofTered  to  the  people  was  by  them  rejected.  In  1848  he  was 
again  chosen  to  the  legislature,  took  an  important  part  in  the  revising  of 
the  statutes  of  the  state,  and  then  permanently  retired  from  the  political 
strife  so  necessarily  connected  with  public  life,  and  which  was  uncon- 
genial to  his  thoughtful,  quiet  and  domestic  nature.  In  1850  he  again 
married,  and  the  domestic  happiness  enjoyed  by  him  and  his  interesting 
family  has  rarely  been  equaled.  He  left  a  wife  and  three  children  to 
mourn,  in  common  with  the  whole  community,  his  death,  which  occurred 
at  Racine,  March  9^  1864, — their  and  the  public's  irreparable  loss.  While 
his  strict  sense  of  justice  prompted  him  on  all  occasions  to  be  exact  in 
the  financial  afTairs  of  his  clients,  and  in  no  way  reckless  or  extravagant 
in  his  own,  yet  he  had  less  love  of  money  for  its  own  sake  than  most 
men  of  the  present  day,  as  his  liberal  use  of  it  for  the  good  of  others 
will  bear  witness.     His  extensive  reading,  aside  from  that  ot  his  pro- 


224  THK    HENCH    AND    BAR    OK    WISCONSIN. 

fession,  was  extensive  and  varied.  His  love  of  literature  and  science 
prompted  him  to  spend  time  and  money  for  the  establishment  of  Racine 
College,  and  the  erection  of  the  college  building,  being  always  forward 
in  such  public  and  private  enterprises  as  the  public  good  seemed  to 
require.  He  was  a  man  of  strong  will  and  great  firmness  of  purpose, 
yet  seeking  less  his  own  advantage  than  what  he  conceived  to  be  for  the 
public  good. 

During  the  terrible  struggle  in  which  our  country  had  been  involved 
during  the  three  years  preceding  his  death,  he  was  an  unconditional 
supporter  of  the  government,  using  his  means,  employing  his  pen,  and 
raising  his  voice  while  strength  lasted,  to  aid  the  cause  which  all  true 
patriots  were  anxious  to  see  triumphant.  As  a  public  speaker  he  had  a 
happy  faculty  of  stating  his  views  clearly,  in  pure  and  concise  language; 
his  reasoning,  though  not  marked  by  any  labored  attempts  at  ornament, 
were  forcible  and  convincing,  and  never,  even  in  the  heat  of  debate, 
did  he  allow  passion  to  influence  or  control  him.  In  his  intercourse 
with  his  fellow-men  he  was  courteous  and  gentlemanly.  Toward  his 
professional  brethren  he  was  unassuming,  and  ever  ready  to  advise  and 
assist  the  younger  portion,  who  placed  unlimited  confidence  in  his  judg- 
ment and  rectitude.  Dignity  characterized  his  bearing  in  court,  as 
elsewhere,  and  his  uprightness,  fairness  and  candor  in  trying  cases  gave 
him  as  much  influence  with  the  court  and  jury  as  a  man  ought  to  have, 
but  that  influence  was  ever  used  to  promote  justice  and  was  never 
abused.  No  person  had  just  cause  to  complain  that  he  ever  endeavored 
to  obtain  an  unfair  advantage ;  and  yet  his  care  and  watchfulness  were 
an  eflectual  safeguard  for  his  clients'  interests.  His  exalted  views  of 
the  nature  and  duties  of  his  profession  were  such  that  he  despised  the 
tricks  and  chicanery  resorted  to  by  many,  and  always  used  his  influence 
to  effect  a  settlement  of  difticulties  between  litigants,  rather  than  to  add 
fuel  to  the  flame.  He  had  a  quick,  apprehensive,  retentive  memory,  a 
discernment  remarkably  active,  and  reasoning  faculties  eminently  vigor- 
ous. His  philosophical  mind  in  originality  and  profundity  of  thought 
was  equaled  by  few.  Had  he  occasion  to  investigate  any  subject,  he 
was  i)ersevering  in  research  and  thorough  in  study.  In  conversation 
uncommonly  instructive,  in  private  life  a  genial  companion;  he  was 
always  tender  and  compassionate  to  the  poor,  and  always  ready  to 
relieve  them;  strictly  temperate  in  his  habits,  and  entirely  free  from  the 
vices  into  which  mortals  are  too  often  led.     In  short,  truth,  justice  and 


■*Ki 


T.^,   .  d 


THK    BENCH     AND    BAR    OF    WISCONSIN.  '^'i') 

gentleness,  than  which  nothing  can  be  more  sacred  and  pure,  mingled  in 
his  every  act,  and  characterized  the  man.  He  closed  his  h'fe  and  his 
labors,  retaining  the  love  of  his  immediate  friends,  and  the  respect  and 
confidence  of  all  who  knew  him, 

Henry  V.  Van  Pkit,  Racine,  was  horn  in  Racine,  January  25, 
1854,  and  was  educated  at  Beloit  College,  from  which  institution  he 
graduated  in  July  1875.  Deciding  to  adopt  the  profession  of  law 
he  read  in  the  office  of  Judge  K.  ().  Hand  at  Racine;  was  admitted  to 
the  bar  in  March  1876;  was  appointed  circuit  court  commissioner,  and 
has  been  in  active  and  successful  practice  at  Racine  from  the  time  of 
his  admission  to  the  present  time. 

Thompson  I).  Weeks,  Whitewater,  was  born  at  North  Hampton, 
Massachusetts,  November  5,  1834.  Having  removed  to  Wisconsin,  he 
attended  Lawrence  University  at  Appleton,  and  graduated  in  the  class 
of  1858.  On  the  following  year  he  graduated  from  the  law  school  of 
the  State  University  at  Albany,  New  York,  and  subsequently  pursued 
his  legal  studies  for  six  months  in  the  office  of  Judge  W.  P.  Lyon  at 
Racine.  On  the  25th  of  January,  i860,  he  took  up  his  residence  at  White- 
water, and  opened  an  office  for  the  practice  of  law.  In  1870  he  formed 
a  partnership  with  G.  W.  Steele,  which  continues  to  this  time.  In  1867 
Mr.  Weeks  was  elected  a  member  of  the  assembly,  and  during  the  years 
of  1874  and  1875  he  represented  the  district  consisting  ot  the  counties 
of  Walworth  and  Kenosha  in  the  state  senate.  For  several  years  he 
has  served  as  a  member  of  the  board  of  regents  of  normal  s(  hools.  He 
was  presidential  elector  in  1876,  and  in  that  capacity  cast  his  vote  for 
R.  B.  Hayes  and  W.  A.  Wheeler.  He  was  for  six  years  chairman  of  the 
republican  county  committee  of  Walworth  coimty,  and  is  now  a  mem- 
ber of  the  republican  state  central  committee. 

SKCONI)    lUSTRICT. 

Jonathan  E.  Arnold,  Milwaukee,  was  born  at  Wonnsocket,  Rhode 
Island,  February  16,  1814.  He  graduated  at  Hrown  I'niversity,  and 
studied  law  in  the  office  of  John  Whipple  at  Providence,  Subsecjuently 
he  spent  one  year  at  Harvard  Law  School,  and  was  admitted  to  practice 
before  he  had  attained  his  majority.  He  first  came  to  Milwaukee  in 
September,   1836,  and   moved   his   family   here   in   the   May   following 


22^  THE    »ENCH    AND    HAR    OF    WISC(JNS1N. 

Entering  upon  the  practice  of  his  profession  he  was  soon  chosen  district 
attorney  and  served  in  that  capacity  for  several  years.  In  1840  and 
1 841  he  represented  the  county  of  Milwaukee  in  the  council,  the  upper 
house  of  the  territorial  legislature.  In  1841  he  ran  against  General 
Henry  Dodge  for  delegate  to  congress  from  the  then  territory  of  Wiscon- 
sin. From  that  time  he  was  not,  we  believe,  a  candidate  for  public 
office  until  i860,  when  he  was  nominated  for  representative  to  congriss 
from  the  Milwaukee  district  by  the  democrats  and  was  defeated  by  John 
F.  Potter,  the  republican  candidate.  Mr.  Arnold  was  a  whig  of  the  old 
school  during  the  existence  of  that  party,  and  regularly  attended  its 
state  and  national  conventions.  Upon  the  disruption  of  the  whig  party 
after  the  defeat  of  Winfield  Scott,  the  whig  candidate  for  president, 
and  the  death  of  Henry  Clay,  he  acted  with  the  democratic  party. 
During  the  war,  however,  the  instincts  of  his  exalted  patriotism  inspired 
him  to  support  the  cause  of  the  Union,  and  in  a  number  of  speeches  of 
great  eloquence  and  power,  he  sustained  the  government  in  its  efforts 
against  treason  and  rebellion. 

Though  a  most  effective  i)opular  speaker,  and  a  man  of  earnest  con- 
victions uj)on  all  public  (juestions,  Mr.  Arnold  did  not  acquire  his 
chief  distinction  in  the  arena  of  politics.  His  inclinations  led  him  to 
dedicate  himself  with  an  almost  undivided  devotion  to  his  profession, 
and  it  is  as  a  lawyer  that  he  will  be  longest  remembered.  It  is  not  pos- 
sible, within  the  limits  of  this  sketch,  even  to  mention  his  great  triumphs 
at  the  bar,  or  to  convey  any  adequate  idea  of  the  wonderful  skill  and 
matchless  eloquence  that  achieved  tliem.  His  speech  at  the  impeach- 
ment trial  of  Judge  Levi  Hubbell,  and  his  argument  in  the  quo  warranto 
case  of  Bashford  against  Harstow,  were  conspicuous  specimens  of  his 
ability,  but  it  was  overshadowed  by  his  splendid  successes  in  the  manage- 
ment of  criminal  causes.  Foi  the  past  twenty  years,  prior  to  his  death, 
there  had  scarcely  been  an  important  case  of  this  character  in  the  circuit 
with  which  he  was  not  connected,  and  it  is  not  too  much  to  say  that  he 
achieved  a  reputation  in  this  branch  of  the  practice  second  to  no 
lawyer  in  the  west.  Aside  from  his  excellent  judgment  in  conceiving 
his  defenses  and  his  adroitness  in  the  examination  of  witnesses,  his 
addresses  to  the  jury  were  models  of  impressive  oratory.  His  style  was 
remarkably  finished  and  elegant,  showing  rich  traces  of  his  thorough  cul- 
ture, and  the  effect  ui)on  a  jury  of  his  bursts  of  fervid  and  pathetic  elo- 
quence, aided  by  a  magnetic  presence,  a  musical  voice,  and  an  expressive 


-  1 

it    - 


I 


THE    BENCH    AND    BAR    OF    WISCONSIN.  'i'i'i 

eye,  was  fairly  magical.  In  his  treatment  of  other  members  of  the  pro- 
fession, Mr  Arnold  was  never  less  than  courteous  and  obliging.  For 
several  years  he  had  been  president  of  the  Milwaukee  county  bar  asso- 
ciation, and  in  this  capacity  he  always  found  kindly  and  touching 
words  in  which  to  announce  the  death  of  a  professional  brother.  He 
died  suddenly  of  heart  disease  in  his  office  June  2,  1869. 

Mr.  Arnold  has  left  a  pleasant  memory  with  members  of  the  bar 
with  whom  he  held  intimate  social  and  professional  relations.  His 
was  a  strong  character,  and  his  leading  characteristics  seem  to  have 
been  that  he  was  gentle  as  a  child  and  gentlemanly  in  all  his  daily 
deportment  toward  court  and  bar.  He  told  the  court  nothing  he  did 
not  believe  in  regard  to  law.  He  commenced  his  argument  slow  and 
dull,  fired  up  to  the  eloquence  of  the  best  lawyers  of  New  England's 
best  days,  and  in  a  large  majority  of  cases  carried  court  and  jury  with 
him.  He  never  smiled  or  joked  while  guarding  his  client's  interests  in 
court,  but,  like  Rufus  Choate,  acted  as  though  a  religious  duty  was  upon 
him,  and  interests  in  his  hands  too  sacred  for  him  to  forget  for  a  mo- 
ment even  to  look  to  the  right  or  left.  He  never  permitted  a  client  to  go 
to  law,  with  him  for  advocate,  unless  he  believed  and  had  good  faith  that 
the  law  was  in  favor  of  his  client.  He  was  one  of  the  most  modest  of  men. 
He  was  honest  in  his  charges  against  clients,  often  telling  them  that  he 
had  done  them  no  good,  and  charged  accordingly.  He  treated  all  men 
well,  the  humblest  as  well  as  the  richest.  He  seemed  to  know  all  the  law 
intuitively  and  believed  in  equity,  and  was  great  and  grand  in  intellect 
and  the  richness  and  accomplishments  of  legal  education  and  legal  lore. 
He  feared  no  man  and  bullied  no  man.  He  never  fell  behind  Edward 
(ieorge  Ryan,  Moses  M.  Strong,  Charles  Dunn,  or  any  other  brilliant 
lawyer  of  his  day,  in  the  number  of  his  successes  at  the  circuit,  su|)reme 
state  court.  United  States  circuit  court  or  supreme  court  at  Washington, 
and  he  was  one  of  God*s  noblemen,  and  was  always  and  at  all  times 
a  gentleman. 

Mr.  Arnold  was  employed  to  defend  a  suit  to  recover  the  value  of 
some  goods.  He  had  put  in  an  answer  stating  a  good  defense.  But 
the  proof  showed  clearly  that  the  answer  was  wholly  false,  and  that  his 
client  must  have  known  it.  Mr.  Arnold  then  arose  and  said  to  the  jury 
that  he  had  put  in  the  answer  in  good  faith,  believing  from  the  repre- 
sentations  of  his  client  that  he  had  a  good  defense,  but  that  he  was  too 
old  a  member  of  the  profession,  and  understood  its  duties  too  well,  to 


•^'48  THE    BENCH    AND    BAR    OF    WISCONSIN. 

allow  himself  to  be  made  use  of  for  any  such  purpose  as  his  client  had 
attempted  to  use  him  for  in  this  case ;  that  he  had  been  deceived,  and 
that  he  should  not  attempt  to  deceive  them,  but  should  submit  the  case 
without  any  comment  from  him  in  behalf  of  the  defense. 

Yet,  on  the  other  hand,  it  has  been  asserted  and  published  in  the 
newspapers  of  this  day  that  during  the  trial  of  Radcliff  for  murder,  at 
Milwaukee,  and  Mr.  Arnold  was  employed  on  the  defense,  the  prisoner 
acknowledged  to  his  attorneys  that  he  was  guilty ;  yet,  the  trial  went  on 
and  under  the  masterly  defense  of  Mr.  Arnold  a  verdict  of  acquittal 
was  rendered.  It  was  upon  the  occasion  of  bringing  in  this  verdict  that 
Judge  Hubbell,  before  whom  the  case  was  tried,  remarked  to  the  jury, 
**  May  the  Lord  have  mercy  on  your  consciences." 

Mr.  Arnold  achieved  high  professional  reputation  in  the  cases  of  the 
Hubbell  impeachment  trial  before  the  state  senate  at  Madison,  the  Rad- 
cliff and  the  Anna  Wheeler  murder  trials  at  Milwaukee,  in  conducting 
the  defense  of  each  of  which  he  was  the  leading  attorney,  and  was  suc- 
cessful in  obtaining  the  clearance  of  his  clients.  In  the  noted  Anna 
Wheeler  case  he  was  the  first  known  advocate  to  use  the  "moral  insanity  " 
plea  as  justification,  and  he  used  it  with  success. 

Ex-governor  Edward  Solomon  said  of  him  :  "  With  the  exception  of 
E.  G.  Ryan,  no  man  ever  practiced  law  in  the  state  of  Wisconsin  whose 
breadth  of  learning  relating  to  matters  outside  of  his  profession 
e(iualed  that  of  Jonathan  E.  Arnold.  The  two  were  equally  fitted  in 
legal  conflicts,  when  the  marked  contrast  in  their  characters  were  so 
sharply  brought  out.  Mr.  Ryan,  petulant,  impatient  of  opposition, 
rolling  his  great  eyes  about  in  search  seemingly  of  those  terrible  ex- 
pressions of  sarcasm  and  bitterness  of  which  he  knew  himself  master. 
Mr.  Arnold,  stately,  courtly,  richly  humorous  or  eloquent,  never  out  of 
temper,  pouring  out  at  last  such  outbursts  of  rich  speech  that  the  jury 
sat  dumb  under  the  spell.  In  all  of  their  encounters,  though  Judge  Ryan 
may  have  been  deeper  in  legal  acumen,  Mr.  Arnold  had  the  advantage 
of  being  *  greater  than  he  who  taketh  a  city.' " 

Edwin  H.  Abbott,  Milwaukee,  is  a  native  of  Massachusetts,  and 
was  born  near  the  city  of  Boston ;  received  his  education  in  that  city, 
graduated  at  Harvard  College  in  1855,  studied  law,  and  was  admitted 
to  the  bar;  engaged  in  the  practice  of  law ;  has  been  a  member  of  the 
Suffolk  county  bar,  Massachusetts,  for  upward  of   twenty  years.      He 


IHK    HKNCH    AND    BAR    OF    Wlt^CONSIN.  22U 

came  west  in  1873,  in  the  interests  of  his  clients  who  were  the  principal 
owners  of  the  Wisconsin  Central  Railway,  and  is  general  solicitor  of  the 
company.  He  has  been  identified  with  the  construction  and  manage- 
ment of  the  road ;  upon  the  death  of  Judge  Bigelow,  he  succeeded  him 
as  trustee.  He  has  taken  an  active  superintendency  of  all  its  legal 
matters  both  in  the  office  and  the  courts. 

Robert  N.  Austin,  Milwaukee,  was  born  at  Carlisle,  Schoharie 
county,  New  York;  graduated  at  Union  College  in  1845;  studied  law 
with  John  D.  Hammond,  in  Cherry  Valley,  New  York  ;  was  admitted 
as  an  attorney,  in  New  York,  in  1848,  and  is  in  practice  in  Milwaukee, 
where  he  is  regarded  as  one  of  the  solid  practitioners  of  the  city,  of 
extensive  practice. 

A.  R.  R.  Butler,  Milwaukee,  was  born  in  Vermont,  September  4, 
182 1,  and  was  the  eldest  son  of  Dr.  A.  R.  R.  Butler,  an  eminent  physician 
and  surgeon.  Dr.  Butler  removed  with  his  family,  in  1822,  to  Alex- 
ander, Genesee  county,  New  York,  where  the  subject  of  this  sketch  was 
reared  and  received  an  academic  education,  preparatory  to  the  study  of 
law,  and  afterward  at  Alexander  and  Buffalo  prepared  himself,  by  a 
thorough  course  of  law  reading,  for  the  practice  of  his  profession.  He 
was  admitted  to  the  bar  in  1846,  and  in  the  autumn  of  that  year  removed 
to  Milwaukee,  entering  almost  immediately  uj)on  an  active  and  su(  cessful 
professional  career,  which  has  continued  until  the  present  time.  Soon 
after  he  opened  an  office  in  Milwaukee,  he  was  elected  prosecuting 
attorney  of  Milwaukee  county,  and  was  twice  reelected,  holding  the 
office  for  six  years.  Thus  compelled,  while  a  very  young  man,  to  meet, 
in  the  trial  of  important  criminal  cases,  some  of  the  al)lest  lawyers  of 
(he  country,  he  speedily  won  his  way  to  the  front  rank  of  his  profession, 
where  he  has  maintained  his  position  to  the  present  time,  among  the 
ablest  and  most  successful  advocates  in  a  state  well  known  for  the 
learning  and  ability  of  its  bar.  Avoiding  active  participation  in  party 
(>o]itics,  Mr.  Butler  has  declined  numerous  solicitations  to  run  for  high 
judicial  and  other  official  positions  urgently  pressed  upon  him  in  the 
course  of  his  professional  career,  in  a  manner  so  creditable  to  him  as  to 
be  worthy  of  remark  in  a  period  characterized  by  unscrupulous  eager- 
ness for  official  promotion.  He,  however,  reluctantly  accepted  tlie 
democratic    nomination    for   Mayor   of    Milwaukee,  in    1876,  and    was 


2'M)  THK.    BENCH    AND    liAk    OF    WISCONSIN. 

unanimously  elected,  the  republicans  putting  no  candidate  in  the  field 
against  him,  and  actively  supporting  him  at  the  polls. 

With  great  powers  of  persuasion,  and  a  mind  well  fitted  to  present 
the  salient  points  of  legal  controversy  in  an  impressive  and  eflfeclive 
manner,  Mr.  Butler  is  distinguished  for  a  peculiar  elevation  and  dignity 
of  character,  holding  in  profound  contempt  every  art  of  appeal  not  justi- 
fied by  the  highest  moral  and  professional  standards.  With  him,  the  better 
the  cause  the  better  the  advocate,  and  an  earnest  sincerity,  well  known  to 
all  the  judges  before  whom  he  has  appeared,  has  secured  to  many  an  un- 
worthy client  the  i)rotection  of  his  legal  rights  which  prejudice  might  have 
denied  to  the  aj)peal  of  a  less  honorable  advocate.  Mr.  Butler  enters 
upon  the  trial  of  a  cause  with  the  earnestness  of  a  great  advocate,  and 
even  in  courts  where  he  is  a  stranger  there  is  something  in  his  manner 
and  appearance  which  makes  him  felt  at  once  as  a  roan  of  uncommon 
power.  There  is  no  profession,  except  literature,  in  which  the  memory 
of  professional  character  has  been  more  carefully  preserved  as  an  exam- 
ple to  those  who  are  to  assume  its  important  duties,  than  among  lawyers ! 
and  Mr.  Butler,  having  retired  with  a  handsome  competency  from  the 
active  practice  of  his  profession,  it  becomes  the  grateful  privilege  of  the 
writer  to  somewhat  extend  a  general  notice  of  his  character  and  the 
causes  of  his  success  as  an  example  to  the  younger  members  of  the  Wis- 
consin bar.  His  own  conviction  in  regard  to  success  has  always  been 
that  it  depends  mainly  on  integrity  and  labor;  and  the  example  of  an 
able  man,  relying  implicitly  on  these  homely  virtues  in  the  practice  of 
his  profession,  should  give  his  opinion  force  with  those  less  fortunate  in 
their  natural  gifts.  One  of  the  most  valuable  lessons,  however,  in  Mr. 
Butler's  life,  is  the  fact  thai  his  success  has  never  been  secured  by  the 
pushing  methods  of  ordinary  men.  He  never  advertised  himself,  but 
with  excessive  modesty  waited  patiently  for  the  rewards  which  fully- 
equipped  merit  always  gains,  and  he  has  enjoyed  for  years  the  satisfac- 
tion of  being  surrounded  by  a  large  number  of  personal  clients  who 
have  sought  him  out  and  confided  implicitly  in  his  judgment  and  ability. 

The  career  of  a  successful  lawyer  is  peculiar.  It  is  a  liberal  educa- 
tion in  itself,  and  both  sharpens  and  broadens  the  understanding;  but 
it  is  mainly  written  in  the  sand,  and  some  of  the  noblest  passages  of 
acute  and  logical  reasoning  and  im{)assioned  eloquence  are  unheard 
except  by  a  jury  of  twelve  men  often  utterly  incapable  of  appreciating 
them.       In  this  respect  Mr.  Butler    has  shared  the  lot  of  other  law- 


i  ^    ^ 


THE    BENCH    AND    BAR    OF    WISCONSIN.  231 

yers,  with  some  exceptional  instances,  like  the  Olivet  church  case, 
in  which  his  argument,  though  he  considered  it  of  no  great  importance, 
was  the  talk  of  the  streets  for  days,  and  elicited  the  most  enthusiastic 
praise  from  the  highest  sources.  Yet  in  such  cases,  through  a  strange 
fatality,  his  speeches  have  been  unreported  and  their  reproduction  is, 
of  course,  impossible.  With  the  nervous,  sensitive  organization  of  the 
real  orator,  his  eloquence  has  always  been  of  the  highest  order.  In 
personal  appearance  Mr.  Butler  is  commanding,  with  a  head  of  which 
Power's  bust  of  Webster  might  well  appear  a  copy,  and,  ranking  in 
learning  and  ability  among  the  most  distinguished  lawyers  in  the  West, 
it  is  safe  to  say  of  him  as  an  advocate,  that  in  fervent  and  impressive 
eloquence  and  powers  of  reasoning  he  is  the  equal  of  the  most  gifted 
orators  of  the  present  time. 

Francis  J.  Borchardt,  Milwaukee,  was  born  in  the  city  of  Schrimm, 
province  of  Posen,  Poland,  September  25,  1849.  He  came  to  this 
country  in  1853,  and  has  resided  in  Milwaukee  since  that  time.  His  edu- 
cation was  obtained  in  an  academy  in  that  city.  On  June  27,  1863* 
when  only  fourteen  years  of  age,  he  went  to  the  war  as  private  in  Com- 
pany K,  First  Regiment,  Wisconsin  heavy  artillery,  and  served  to  the 
close  of  that  struggle,  when  he  returned  home.  In  1877  he  was  elected 
and  commissioned  captain  of  the  Kosciusko  (}uard  of  Milwaukee,  which 
company  forms  a  part  of  the  Wisconsin  national  guards.  After  his 
return  from  the  war  he  entered  upon  the  study  of  the  law  with  Jared 
Thompson,  was  admitted  to  the  bar  at  Milwaukee,  November  17,  1879, 
and  has  been  in  practice  in  that  city  to  the  present  time.  In  1877  he 
was  elected  justice  of  the  peace,  was  reelected  in  1879  and  again  in 
188 1.  In  the  fall  of  the  latter  year  Captain  Borchardt  was  elected 
member  of  the  assembly  by  over  twelve  hundred  majority  over  the 
republican  candidate,  served  during  the  session  of  1882,  and  was  mem- 
ber of  the  judiciary  and  other  important  committees.  Brought  thus 
early  in  his  life  into  prominence  and  position,  the  possibilities  of  the 
future  may  be  accounted  as  those  of  brilliant  promise. 

Elias  H.  Bottu.m,  Milwaukee,  graduated  from  Middleburg  College, 
Vermont,  in  class  of  187 1,  studied  law  in  New  York  city,  and  grad- 
uated from  the  law  school  of  Columbian  College,  Washington,  0.  C,  in 
1873,  was  admitted  to  practice  there  but  after  a  short  time  removed  to 


232  THK    BENCH    AND    BAR    OF    WISCONSIN. 

Milwaukee,  where  he  has  since  resided.     Is  a  member  of  the  firm  of 
Flanders  &  Bottum. 

Moses  H.  Brand,  Milwaukee,  was  born  at  Polo,  Ogle  county,  Illi- 
nois, June  4,  1849,  ^^^  his  parents  are  William  &  Catherine  Brand.  He 
was  educated  at  the  Normal  University,  Normal,  Illinois,  studied  law  in 
Milwaukee  first  with  D.  G.  Rogers  and  afterward  with  James  McAlister, 
was  admitted  to  the  bar  in  Milwaukee  in  May,  1873,  has  since  prac- 
ticed in  that  city  and  is  now  associated  with  Joshua  Stark,  the  firm  being 
Stark  &  Brand. 

Eliphalrt  Cramer,  Milwaukee,  was  born  at  Waterford,  New  York, 
June  18,  1813,  and  was  son  of  the  wealthy  and  notable  John  Cramer,  of 
that  stale.  He  graduated  at  Union  College  in  1831,  read  law,  came  to 
Milwaukee  in  1837,  was  admitted  to  the  bar  and  made  his  permanent 
residence  in  that  city.  Being  a  gentleman  of  means,  Mr.  Cramer  did 
not  enter  into  the  practice  of  law,  but  engaged  in  business  enterprises  in 
the  city,  and  for  many  years  was  president  of  the  State  Bank  of  Wiscon- 
sin. He  was  identified  with  works  of  charity  and  benevolence,  to  the 
promotion  of  which  he  was  a  liberal  contributor,  was  one  of  the  pillars 
and  generous  supporters  of  the  Plymouth  Church,  and  lent  aid  to  the 
founding  of  the  Chicago  Theological  Institute  and  Beloit  College.  He 
died  in  Utica,  New  York,  September  19,  1872.  He  was  a  much 
respected  citizen  of  Milwaukee,  tall  and  spare  in  person,  and  quiet  and 
gentlemanly  in  his  demeanor.  W.  E.  Cramer,  the  veteran  editor  of  the 
Milwaukee  Evening  Wisconsin,  is  his  brother;  John  F.  Cramer,  of  the 
same  paper,  and  Edward  Cramer,  a  banker  in  Milwaukee,  arc  his  sons, 
and  they  are  among  the  most  enterprising,  promising  and  honorable 
business  young  men  of  that  city. 

John  Watson  Cary,  Milwaukee,  was  born  February  11,  1817,  at 
Shoreham,  Vermont.  His  father,  Asa  (3ary,  was  married  to  Anna  San- 
ford,  February  7,  1799,  and  resided  in  Shoreham  until  1831.  They  had 
nine  children,  six  boys  and  three  girls.  He  was  the  youngest  of  the 
boys.  His  early  life  was  spent  on  the  farm  and  in  attendance  upon  the 
common  schools,  including  two  terms  at  the  academy.  In  183 1  his 
father  removed  to  Sterling,  Cayuga  county.  New  York.  In  the  follow- 
ing year  he  was  placed  in  a  store,  but  not  finding  the  business  to  his 


'.  ^ 


THE    BKNX'H    AM)    BAR    OF    WISCONSIN.  235 

bia  College,  in  New  York  city;  studied  law  with  Samuel  A.  Foote  and 
James  T.  Brady,  in  New  York  city ;  was  admitted  in  New  York  city 
about  twenty-five  years  since;  has  been  in  practice  in  Fond  du  Lac, 
Janesville,  and  now  in  Milwaukee  ;  was  district  attorney  of  Fond  du  Lac 
county  two  terms,  and  has  been  member  of  the  legislature.  Mr  Ebbets 
has  the  reputation  of  a  successful  criminal  lawyer. 

Eugene  S.  Elliott,  Milwaukee,  was  born  in  Lowell,  Vermillion 
county,  Illinois,  August  13,  1842.  He  received  a  public  school  educa- 
tion at  Milwaukee,  and  entered  Dartmouth  College,  Hanover,  New 
Hampshire,  which  he  left  in  1862,  to  join  the  Seventh  Rhode  Island 
Cavalry  in  a  company  recruited  out  of  the  Eastern  colleges.  He  was 
principal  of  the  intermediate  department,  second  ward,  and  of  the  ninth 
ward  grammar  school.  After  having  been  mustered  out  of  the  service 
he  was  manager  of  the  Milwaukee  branch  of  R.  G.  Dun  &  Company's 
mercantile  agency  until  1869,  when  he  assumed  charge  of  the  Milwaukee 
Journal  of  Commerce.  He  entered  the  office  of  Jenkins  &  Elliott  in 
1872  as  a  law  student,  and  was  admitted  to  the  bar  at  Milwaukee  in 
1876.  He  then  formed  a  copartnership  with  W.  C.  Williams,  under  the 
firm  of  Williams  &  Elliott,  in  February  1880.  He  is  a  thirty-two 
degree  Mason,  and  member  of  the  K.  of  H.  and  K.  of  P.  societies 

T.  B.  Elliott,  Milwaukee,  was  born  in  Wayne  county.  Now  York; 
came  to  Wisconsin  in  1852;  studied  law  in  Milwaukee;  was  admitted 
to  the  bar  in  i860;  formed  a  partnership  with  James  G.  Jenkins  in 
1867,  and  became  one  of  the  firm  of  Jenkins,  Elliott  &  Winkler  when 
it  was  organized  in  1874. 

Harold  Emmons,  Milwaukee,  was  born  at  Orion,  Oakland  county, 
Michigan,  August  12,  1848,  his  parents  being  Elias  R.  and  Sarah  M. 
Emmons,  and  his  education  was  in  the  common  schools  of  Michigan. 
In  preparation  for  the  legal  profession  he  studied  law  with  Alfred 
Russell  and  William  Jennison,  Detroit,  Michigan,  and  was  admitted  to 
the  bar  at  Detroit,  May  6,  1872.  Mr.  Emmons  commenced  practice 
with  Mr.  Russell  at  Detroit,  and  afterward  came  to  Milwaukee,  where 
he  has  been  practicing  since  September,  1875,  and  at  present  in  connec- 
tion with  his  younger  brothers,  R.  W.  Emmons  and  A.  C.  Emmons. 

14 


'^30  THE    RENCH    AND    BAR    OK    WISCONSIN. 

AsAHEL  Finch,  Milwaukee,  the  subject  of  this  sketch  was  born  in 
Genoa,  Cayuga  county,  New  York,  February  14,  1809.  His  parents 
came  originally  from  the  county  of  Orange,  in  the  same  state,  but  his 
grandfather  on  his  father's  side,  resided  in  Pennsylvania,  and  was  one  of 
the  victims  of  that  terrible  massacre,  so  widely  known,  which  occurred 
in  1778  at  Wyoming.  In  his  boyhood  he  attended  the  common  schools, 
and  later  when  approaching  manhood  he  pursued  a  course  of  study  for 
one  year  at  Middlebury  Academy,  in  the  county  of  Genesee,  now  Wy- 
oming, New  York.  His  educational  advantages  were  limited  to  that 
one  course  of  study.  In  1830,  when  only  twenty-one  years  of  age,  two 
of  the  most  important  events  of  his  life  occurred.  He  married  and  he 
moved  west  as  far  as  the  state  of  Michigan,  when  for  three  years  he 
devoted  himself  to  mercantile  pursuits,  an  experience  by  no  means 
without  advantage  in  that  profession,  which,  through  the  influence  «f 
his  friends,  he  was  prevailed  upon  to  enter,  and  to  which  he  has  devoted 
so  much  of  his  life. 

In  1834  he  entered  as  a  law  student  the  office  of  Orange  Butler,  at 
Adrian,  and  in  183.S,  four  years  afterward,  he  was  admitted  to  the  bar 
in  Calhoun  county,  Michigan.  This  was  eight  years  after  his  marriage, 
and  after  he  had  served  one  term  in  the  legislature  of  that  state,  to  which 
he  was  elected  in  1837.  He  came  to  the  bar  no  stripling  just  from  the 
schools,  but  at  the  age  of  twenty-nine,  already  matured  and  disciplined 
by  the  practical  duties  and  responsibilities  of  manhood.  In  1839,  when 
Wisconsin  was  yet  a  territory,  nine  years  before  its  admission  as  a  state, 
he  removed  to  Milwaukee,  where  he  has  ever  since  resided.  He  was 
first  associated  with  Mr.  H.  N.  Wells  and  Colonel  Hans  Crocker,  under 
the  name  of  Wells,  Crocker  &  Finch.  On  September  16,  1842, 
that  firm  dissolved,  and  Mr.  Finch  formed  a  copartnership  with  Mr. 
Wm.  Pitt  Lynde,  which  from  that  day  to  the  present  time  (over  thirty- 
eight  years)  has  never  been  dissolved.  In  1857,  however,  some  twenty- 
four  years  since,  they  associated  with  them  two  younger  men,  B. 
K.  Miller  and  H.  M.  Finch,  and  thus  the  name  of  the  old  firm  of 
Finch  &  Lynde  was  changed  to  Finches,  Lynde  &  Miller.  During  a 
professional  life  of  nearly  forty  years  Mr.  Finch  has  stood  at  the  head  of 
a  law  firm  in  Milwaukee,  having  as  large,  various  and  important  a  prac- 
tice as  any  in  the  state  of  Wisconsin  or  in  the  northwest.  Its  registers 
show  more  than  ten  thousand  suits  in  courts  of  record,  state  and  federal, 
brought  or  defended ;  some,  of  course,  wherein  the  amount  involved 


THE    HENCH    AND    BAR    OF    WISi:ONSIN.  239 

would  be  less  than  one  thousand  dollars,  but  many  of  them  involving 
large  amounts  and  important  legal  questions.  So  long  continued  and 
successful  a  law  partnership  has  rarely  been  equaled  in  this  or  in  any 
other  country.  Confined  to  no  special  branch  of  the  profession,  he  has 
never  sought  to  make  himself  pre-eminent  either  as  a  corporation  law- 
yer, patent  lawyer,  real  estate  lawyer,  or  criminal  lawyer,  but  to  deserve 
and  to  hold,  as  in  fact  he  has  held,  high  place  in  the  front  rank  of  the  pro- 
fession, and  in  the  general  practice  of  the  whole  duties  of  an  attorney 
and  counsellor-al-law.  Since  coming  to  Wisconsin  Mr.  Finch  has  never 
held  but  one  office,  and  that  was  in  the  line  of  his  profession,  that  of 
city  attorney  of  Milwaukee.  His  life  may  be  said  to  have  been  devoted 
to  that  profession,  of  which  he  has  always  been  an  honorable,  able  and 
most  useful  member.  While  it  would  be  difficult  to  point  to  any  one 
branch  of  the  profession  and  say  Mr.  Finch  is  pre-eminent  in  that,  it 
would  be  more  difficult  still  to  point  to  any  branch  of  it  in  which  he 
does  not  excel,  while,  if  you  take  into  account  his  great  quickness  of 
apprehension,  and  strong  practical  views  of  any  legal  question,  and  add 
to  that  his  long  and  faithful  study  of  the  law,  and  his  untiring  industry 
and  energy,  you  then  comprehend  the  real  strength  of  Mr.  Finch  as  a 
lawyer,  and  the  secret  of  his  power.  It  will  then  be  seen  what  has 
always  made  him  so  able  and  so  successful  in  every  branch  of  the  pro- 
fession ;  with  him  there  is  a  symmetry  of  development  rarely  equaled 
and  hardly  ever  excelled. 

About  five  years  ago  in  the  trial  of  a  case  before  Judge  Dyer  of  some 
ten  days  continuance,  Mr.  Finch  was  attacked  with  vertigo  and  compelled 
to  abandon  the  case  by  simply  submitting  his  brief  to  the  court.  After 
this  he  made  two  efforts  in  court,  but  in  both  instances  he  was  stricken 
down,  when  he  was  advised  by  his  physician  that  he  must  retire  from 
active  court  duties.  Consequently  Mr.  P'inch  retired  from  active  parti- 
cipation in  the  law  practice  of  his  firm,  while  yet  retaining  an  interest 
in  its  business.  He  has  not,  however,  ceased  to  take  part  in  other  busi- 
ness enterprises,  having  become  connected  with  several  important  corpo- 
rations operating  in  this  city,  and  even  at  his  advanced  age  no  man 
on  the  streets  is  around  with  more  activity  looking  after  his  business 
interests  than  the  subject  of  this  sketch.  Mr.  Finch  is  no  less 
notable  in  social  life  than  he  is  in  the  professional  world.  He  is  the 
christain  lawyer  and  the  upright  man.  With  nearly  a  life-long  connec- 
tion with  the  congregational  denomination,  he  is  one  of  the  pillars  of 


240  THE    BENCH    AND-  HAR    OK    WISCONSIN. 

the  Plymouth  church  of  this  city.  When  in  1874  the  memorable  con- 
ferences of  churches  was  called  at  Brooklyn  to  take  action  upon  the 
celebrated  Henry  Ward  Beecher  scandal  case,  Mr.  Finch  was  selected 
a  lay  member,  and  has  the  credit  of  having  performed  the  duties  of  the 
trust  to  the  entire  satisfaction  of  the  denomination  in  this  city  and  state. 
Possessed  of  large  means  acquired  in  strictly  legitimate  business,  Mr. 
Finch  has  the  reputation  of  the  true  philanthropist,  bestowing  timely 
aid  to  the  worthy  in  a  quiet  and  unostentatious  manner.  Not  a  few  have 
been  helped  by  him  in  a  financial  strait,  and  his  hand  is  not  shut  to 
private  distress.  And  in  the  daily  walks  of  life  he  is  the  courteous, 
considerate,  reliable,  generous  and  always  sympathetizing  friend.  Both 
as  a  lawyer  and  a  citizen,  few  have  so  clean  a  record  from  so  long  and 
successful  a  career. 

Jamks  (r.  Flanders,  Milwaukee,  was  born  December  13,  1844,  at 
New  London,  New  Hampshire ;  came  to  Milwaukee,  Wisconsin,  with 
his  parents  in  1848;  attended  private  and  public  schools  in  Milwaukee 
until  i860,  when  he  entered  Phillips  Academy  at  Exeter,  New  Hampshire, 
where  he  received  an  education  preparatory  for  admission  to  college. 
After  graduation  at  Phillips  Exeter  Academy  he  entered  Yale  College  in 
1863  as  a  member  of  the  freshman  class,  and  graduated  in  1867;  studied 
law  one  year  in  the  office  of  Emmons,  Van  Dyke  &  Hamilton,  at 
Milwaukee.  In  October,  1868,  he  entered  the  Columbia  Law  School  in 
New  York  city,  graduated  and  was  admitted  to  practice  in  New  York 
city  in  May,  1869.  Returned  to  Milwaukee  and  engaged  in  the  practice 
of  law  as  a  member  of  the  firm  of  Davis  tV  Flanders  until  the  spring  of 
1875,  when  the  firm  became  Butler,  Davis  iK:  Flanders.  After  the  dis- 
solution of  the  latter  firm,  in  1876,  he  continued  in  the  practice  of  the 
law  alone  until  the  spring  of  1878,  when  he  and  Elias  H.  Bottum  asso- 
ciated themselves  together  under  the  name  of  Flanders  &  Bottum, 
which  firm  is  still  in  existence  and  engaged  in  the  transaction  of  a  general 
law  business  at  Milwaukee.  He  was  a  member  of  the  board  of  school 
commissioners  of  the  city  of  Milwaukee  from  the  first  ward  from  1875  to 
1877,  and  was  elected  to  and  served  as  a  member  of  the  assembly  of  Wis- 
consin for  the  year  1877  from  the  first  assembly  district  of  Milwaukee 
county,  receiving  as  a  democrat  999  votes  against  667  cast  for  his 
opponent,  a  republican. 


\'-^ 


THE    BENCH    AND    BAR    OF    WISCONSIN.  v41 

George  B.  Goodwin,  Milwaukee,  is  a  native  of  Livingston  county, 
New  York;  was  born  December,  i8,  1834,  the  son  of  Simeon  S.  and 
Elizabeth  Albright  Goodwin.  After  closing  his  studies  in  the  com- 
mon schools,  Livingston  county,  he  prepared  for  college,  and  graduated 
from  Geneva  College  in  1854;  in  1855,  entered  the  Albany  law  school, 
and  in  the  winter  of  that  year  was  admitted  to  practice  in  all  the  courts 
of  New  York.  He  removed  to  the  West,  settling  in  May,  1856,  in 
Menasha,  Wisconsin,  and  engaged  in  his  profession.  Colonel  Good- 
win went  into  the  late  war,  and  commanded  the  Forty-first  regiment, 
Wisconsin  Infantry,  and  rendered  faithful  service  until  mustered  out. 

In  the  spring  of  1865  Colonel  Goodwin  removed  to  Milwaukee,  his 
present  home.  In  1870  he  was  appointed  L^nited  States  assessor  of 
internal  revenue,  and  held  that  office  until  it  was  abolished  by  act  of 
congress.  After  retiring  from  the  office  of  United  States  assessor  he 
was  associated  with  R.  K.  Adams,  and  in  the  spring  of  1876  withdrew 
and  became  associated  with  N.  S.  Murphey,  which  connection  was 
dissolved  in  1881,  aud  he  is  now  alone  in  practice. 

D.  G.  Hooker,  Milwaukee,  was  born  in  Poultney,  Vermont,  Sep- 
tember 14,  1830.  He  graduated  at  Middlebury  College  in  1853;  read 
law  with  J.  A.  Beckwith,  of  Middlebury,  Vermont;  was  admitted  in 
Milwaukee  in  1856,  and  has  practiced  in  this  city  since  that  time.  Mr. 
Hooker  was  mayor  of  Milwaukee  1872  and  1873,  and  was  city  attorney 
from  1867  to  1870;  is  now  retired  from  general  practice,  and  is  in 
regular  employment  as  counsel  for  the  Northwestern  Mutual  Life  Insur- 
ance Company.  Mr.  Hooker  was,  for  many  years  connected  with  H. 
I>.  Palmer,  as  a  law  firm,  in  which,  at  one  time,  F.  W.  Pitkin,  now  (iov- 
cmor  of  Colorado,  was  assocated,  and  subsequently  ex-Chief  Justice 
L.  S.  Dixon,  who  became  a  member  of  the  firm  upon  his  retirement 
from  the  bench  of  the  supreme  court.  It  will  thus  be  seen  that  Mr. 
Hooker  has  been  associated  in  his  law  practice  with  some  of  the  most 
notable  attorneys  in  the  state,  and  member  of  one  of  the  leading  firms 
of  the  Milwaukee  bar.  Mr.  Hooker  has  always  held  a  high  rank  in  the 
profession,  and  as  attorney  for  the  great  Northwestern  Life  Insurance 
Company,  is  in  a  |)Osition  of  much  responsibility,  demanding  legal 
learning,  ability,  and  assiduous  attention.  All  these  reciuirements  are 
fulfilled  in  the  acceptable  manner  in  which  Mr.  Hooker  performs  the 
duties  of  the  position.     Mr.  Hooker  has  long  been  identified  with  the 


242  THE    BKNCH    AND    BAR    OF    WISCONSIN. 

doings  of  the  Masonic  fraternity,  having  taken  thirty-two  regular  degrees 
of  the  order. 

James  Hickcox,  Milwaukee,  was  born  in  Buffalo,  New  York,  April 
9,  1833.  In  1850  he  came  to  Wisconsin,  spent  three  years  and  a  half 
in  completing  his  education  at  the  State  University,  from  which  he 
graduated,  after  which  he  commenced  the  study  of  law  with  Emmons 
&  Van  Dyke  at  Milwaukee.  Subsequently  he  returned  to  Buffalo,  and 
continued  his  law  studies  with  Marshall  &  Harvey,  and  coming  again 
to  Milwaukee,  finished  them  in  the  office  of  Emmons  &  Van  Dyke.  In 
1857  he  was  admitted  to  the  bar,  and  commenced  practice  in  connec- 
tion with  Robert  Chandler,  in  Milwaukee.  Afterward  he  was  in  part- 
nership with  James  G.  Jenkins,  which  was  continued  until  1865,  when 
Mr.  Hickcox  was  elected  clerk  of  the  circuit  court.  He  held  this  office 
until  1873,  was  a  member  of  the  school  board  eight  years,  and  while  on 
the  board  was  largely  instrumental  in  establishing,  in  the  city  schools, 
the  study  of  the  German  language. 

G.  P.  Harrington,  Milwaukee,  was  born  in  Ozaukee  county,  Wis- 
consin, March  20,  1850;  received  a  liberal  education  at  the  University 
of  Wisconsin,  and  later  graduated  from  the  law  department  of  that 
institution  with  the  class  of  1872,  receiving  the  degree  of  Bachelor  of 
Laws.  He  was  principal  of  the  Wisconsin  Academy  at  Madison, 
from  1872  to  March  1875,  when  he  resigned  the  place  to  accept  the 
position  of  trust  fund  book-keeper  in  the  office  of  the  secretary  of 
the  State  of  Wisconsin.  He  resigned  this  situation  in  June,  1876,  to 
engage  in  the  practice  of  his  profession,  the  law,  in  the  city  of  Mil- 
waukee, where  he  at  once  opened  a  law  office  and  continues  in  the 
practice.  He  was  appointed  court  commissioner  for  Milwaukee  county 
in  January,  1877,  and  reappointed  for  the  official  term  in  1879.  He 
was  raised  on  his  father's  farm  in  Ozaukee  county,  was  given  a  teacher^s 
certificate  at  the  age  of  sixteen  years,  and  acquired  his  subsequent 
education  solely  through  his  own  efforts.  As  a  teacher,  bookkeeper 
and  attorney  he  has  been  very  successful.  On  leaving  the  secretary's 
office  in  1876,  he  received  the  highest  recommendation  from  Secretary 
Doyle.  In  the  fall  of  1881  Mr.  Harrington  was  elected  a  member  of 
the  assembly  and  served  during  the  session  of  that  body  of  the  winter 
of  1882. 


'^-^^-^tu 


THE    HENCH    AND    BAR    OF    WISCONSIN.  24.*5 

James  G.  Jenkins,  Milwaukee,  is  a  native  of  New  York  state,  having 
been  born  at  Saratoga  Springs,  July  i8,  1834.  His  father  was  Edgar 
Jenkins,  a  business  man  of  New  York  city,  and  a  cousin  of  General 
Worth,  of  Mexican  war  fame.  His  mother  was  the  eldest  child  of  Reu- 
ben H.  Walworth,  of  New  York,  the  last  chancellor  of  that  state.  Being 
"  so  fathered  and  so  mothered  "  the  career  of  the  son  has  been  alike 
eminent.  Mr.  Jenkins  was  educated  in  his  native  stale,  subsequently 
studied  his  profession  in  the  city  of  New  York,  was  admitted  to  the 
supreme  court  of  the  state,  and  to  the  United  States  court  for  the 
southern  district  of  New  York  in  1855.  In  1857  he  came  to  Wisconsin, 
settled  in  Milwaukee  and  has  lived  in  that  city  since  that  time.  He 
was  admitted  to  the  United  States  court  the  same  year,  to  the  supreme 
court  of  this  state  in  July,  1859,  and  to  the  supreme  court  of  the  United 
States  in  March,  1879.  He  has  been  attorney  for  the  city  of  Milwaukee 
four  terms,  serving  from  1863  to  1867.  Since  the  last  named  year  he 
has  devoted  his  time  exclusively  to  practice  as  one  of  the  firm  of  Jen- 
kins, Elliott  iS:  Winkler.  At  the  state  election  of  1879  Mr.  Jenkins  was, 
against  his  inclinations,  the  candidate  of  the  democratic  party  for  gov- 
ernor. He  entered  personally  into  the  contest,  as  in  duty  bound,  and 
made  a  vigorous  and  able  canvass,  notwithstanding  there  was  no  rea- 
sonable expectation  of  overcoming  the  large  republican  majority  in  the 
state ;  standing  in  the  breach,  as  it  were,  in  deference  to  the  wishes  of 
the  great  party  he  represented  as  its  standard  bearer  in  the  campaign. 
Mr.  Jenkins  married  the  only  daughter  of  the  late  eminent  Judge  A.  G. 
Miller,  of  Milwaukee. 

On  the  death  of  Chief  Justice  Ryan  in  November,  1880,  the  impor- 
tant question  arose,  especially  with  the  legal  fraternity,  as  to  who  should 
succeed  him  on  the  supreme  bench.  In  this  connection  a  petition  was 
circulated  among  the  lawyers  in  Milwaukee,  and  largely  signed  by  mem- 
bers of  the  bar,  without  distinction  of  political  parties,  asking  the  gov- 
ernor to  promote  Judge  Cole,  the  associate  justice  longest  in  office,  and 
appoint  Mr.  Jenkins  to  fill  his  place,  for  the  special  reason  that  it  would 
be  eminently  proper  and  equitable  to  place  a  democrat  on  the  bench  to 
supply  the  political  vacancy  created  by  the  death  of  Judge  Ryan  who 
was  a  democrat.  But  having  advanced  Judge  Cole  to  the  chief  justice- 
ship. Governor  Smith  came  to  the  conclusion  to  appoint  a  republican  to 
succeed  him  as  associate  justice,  thus  settling  the  matter  for  the  present. 
That  Mr.  Jenkins  would  have  honored  the  supreme  bench  no  one  who 


244  THE    BENCH    AND    BAR    OF    WISCONSIN. 

knows  him  would  doubt.  His  legal  acquirements,  intellectual  ability, 
impartial  turn  of  mind,  and  purity  and  dignity  of  character,  eminently 
fitted  him  for  the  responsible  and  elevated  position.  On  the  election  of 
United  States  senator  to  succeed  Angus  Cameron  at  the  session  of  the 
legislature  of  1881,  Mr.  Jenkins  was  the  candidate  voted  for  by  the 
democratic  members,  who  were  in  the  minority.  The  law  class  of  the 
state  university  graduating  in  June,  1881,  invited  Mr.  Jenkins  to  deliver 
before  them  the  annual  address,  and  he  accepted  the  invitation  with  a 
fine  production. 

Mr.  Jenkins  has  the  reputation  of  possessing  a  thorough  knowledge 
of  law,  with  a  special  forte  as  an  advocate.  With  a  lucid  style  of  rea- 
soning, an  easy  flow  of  language,  and  smooth,  pleasant,  apparently 
candid  manner  in  presenting  his  case  to  a  jury,  he  is  unusually  success- 
ful in  convincing  them  and  gaining  his  case.  Still  in  his  prime  the 
present  promises  a  still  more  brilliant  future. 

D.  H.  Johnson,  Milwaukee,  was  born  near  Kingston,  Canada  West, 
now  Ontario,  July  21,  1825,  and  attended  the  common  and  grammar 
schools  of  his  native  place  for  about  four  years  before  he  came  to  the 
states.  He  subsequently  attended  Rock  River  Seminary  at  Mount 
Morris,  Illinois,  one  year.  Most  of  the  time  from  1842  to  1849  he  was 
engaged  in  teaching.  The  intervals  of  his  time  he  occupied  in  reading 
law  without  any  instructor,  and  without  the  aid  of  office  work.  In  1849 
he  was  admitted  to  the  bar  at  the  Crawford  county  circuit  court,  and 
practiced  law  in  that  county  with  the  exception  of  two  or  three  years, 
when  he  published  the  Prairie  du  Chien  Courier  from  1849  to  1861. 
He  was  member  of  the  assembly  in  1861  from  Crawford  and  Bad  Ax, 
now  Vernon  counties,  and  was  assistant  attorney-general  part  of  186 1 
and  1862.  He  went  south  in  1862,  and  was  for  some  months  engaged 
as  clerk  in  the  pay  department.  In  the  fall  of  the  same  year  he  came 
to  Milwaukee  where  he  has  since  been  engaged  in  the  practice  of  his 
profession.  In  1869  and  1870  he  represented  the  7th  ward  in  the 
assembly.  From  1878  to  1880  he  was  city  attorney.  He  has,  at  various 
times  held  partnership  relations  with  Leander  Wyman,  R.  N.  Austin, 
Nath.  Pereles,  and  H.  H.  Markham,  and  for  the  last  seven  years  with 
Fred.  Rietbrock.  L.  W.  Halsey  has  been  a  member  of  the  present  firm 
of  Johnson,  Rietbrock  &  Halsey,  for  some  four  or  five  years.  Besides 
the  work  of  his  regular  profession  he  finds  time  to  indulge  a  literary 


\mM 


r/ 


THE    BENCH    AND    RAR    OF    WISCONSIN.  24T 

taste  to  some  extent,  and  contribute  to  the  Atlantic  Monthly  and  other 
periodicals. 

Charles  D.  Kendrick,  Milwaukee,  was  born  in  Buffalo,  New 
York,  January  22,  1849,  and  came  to  Milwaukee  in  1856,  where  he  was 
educated.  After  leaving  school  he  was  for  se  .  ral  years  principal  of 
the  fifth  district  school  of  Milwaukee.  Meantime  he  studied  law,  and 
was  admitted  in  1875,  since  when  he  has  been  in  practice  in  Milwaukee. 

Maximilian  N.  Lando,  Milwaukee,  was  born  at  Szina,  Hungary, 
in  April  1841,  his  parents  being  David  H.  and  Rosalie  Lando.  He 
received  a  collegiate  education  in  Hungary ;  is  a  graduate  of  the  law 
department  of  the  Wisconsin  State  University ;  was  admitted  to  the  bar 
in  April  1869,  and  has  been  in  practice  in  Milwaukee  since  July  1869. 

John  E.  Mann,  Milwaukee,  was  born  in  Schoharie  county,  New 
York,  March  4,  1821.  His  parents  were  George  W.  and  Elizabeth 
Mami,  who  were  upright  people,  and  gave  their  son  excellent  moral 
precepts  and  example.  His  father  was  a  farmer.  John  E.  entered  the 
sophomore  class  in  Williams  College  in  1840,  and  after  remaining  two 
terms  he  left  Williams  and  entered  Union  college,  Schenectady,  where 
he  graduated  in  the  classical  course  in  1843.  After  graduating  he 
entered  the  law  office  of  Jacob  Houck,  Jr.,  to  read  law,  and  was 
admitted  to  the  bar  at  Utica,  New  York,  at  the  general  term  of  the 
supreme  court  in  1847.  He  then  commenced  practice  in  Schoharie 
county,  where  he  pursued  his  profession  seven  and  a  half  years.  In 
May,  1854,  he  came  to  Wisconsin,  and  located  at  West  Bend,  forming  a 
partnership  with  L.  F.  Frisby,  which  continued  until  1S59,  when  he  was 
elected  judge  of  the  third  circuit  to  fill  the  vacancy  created  by  the 
resignation  of  C.  H.  Larrabee.  The  following  April  he  was  elected  for 
a  term  of  six  years,  and  served  until  January,  1867,  at  which  time  he 
moved  lO  Milwaukee.  Immediately  he  entered  into  copartnership  with 
F.  W.  Cutzhausen,  which  continued  until  February  5,  1874,  at  which 
lime  he  entered  upon  the  duties  of  judge  of  the  county  court,  to  which 
position  he  had  been  appointed  by  Governor  W.  R.  Taylor,  on  the 
resignation  of  H.  L.  Palmer,  and  this  office  he  still  occupies.  The 
county  court  of  Milwaukee  county  is  of  high  importance,  holding,  as  it 
docSv  concurrent  jurisdiction  with  the  circuit  court  to  the  amount  of  five 


248  THE    BENCH    AND    BAR    OF    WISCONSIN. 

millions  of  dollars,  as  well  as  probate  jurisdiction.  •While  residing  in 
New  York  he  was,  at  one  time,  judge  advocate  of  the  militia  of  that 
state.  Though  never  an  extreme  partisan,  his  political  views  are  demo- 
cratic. On  October  22,  1845,  he  married  Catharine  Dietz,  grand- 
daughter of  William  Dietz,  who  was  a  member  of  congress  during  the 
times  of  Martin  Van  Buren  and  adhered  to  the  political  fortunes  of 
that  renowned  statesman.  His  father  gave  him  his  education,  and 
when  that  was  completed  he  was  thrown  upon  his  own  resources. 

The  characteristics  of  Judge  Mann  are  those  of  strong  common 
sense,  stern  integrity,  unremitting  industry ;  and  with  broad  and  com- 
prehensive views  on  general  subjects,  is  accustomed  to  form  conclusions 
with  care  and  precision.  He  is  a  close  student,  and  is  eminently  sound 
and  well  grounded  in  the  fundamental  principles  of  law,  which  he 
applies,  in  the  course  of  his  official  duties,  with  discreet  impartiality. 
With  brevity  in  speech,  unobtrusive  and  courteous  in  demeanor,  he  is 
firm  in  his  convictions,  strong  in  his  friendships,  and  an  honest  man. 
When  the  time  drew  near  when  the  term  of  his  office  would  expire,  in 
May,  1 88 1,  a  call  was  very  numerously  signed  by  men  and  lawyers  of 
high  standing  and  of  all  political  parties,  requesting  Judge  Mann  to 
allow  his  name  to  be  used  as  a  candidate  for  another  term.  To  this 
compliment  he  gave  consent,  and  was  elected  by  a  large  majority,  in  a 
district  opposed  to  him  in  politics,  and  against  a  very  strong  republican 
candidate.  No  better  endorsement  of  a  judicial  career  could  be 
bestowed  upon  any  cilizen. 

James  A.  Mallorv,  Milwaukee,  was  born  in  Washington  county, 
New  York,  and  removed  with  his  father  to  western  New  York,  when 
about  six  years  of  age.  He  was  educated  in  New  York,  studied  law  in 
Buffalo  four  years,  and  was  admitted  to  practice  in  the  courts  of  that 
state.  After  a  few  months*  practice  in  Buffalo  he  came  to  Milwaukee, 
where  he  practiced  his  profession  till  his  appointment  to  the  office  of 
judge  of  the  municipal  court.  He  was  elected  district  attorney  of  Mil- 
waukee county  in  1854,  and  again  in  1856,  without  opposition.  He  un- 
expectedly received,  from  Alexander  W.  Randall,  Governor  of  Wiscon- 
sin, in  March  1S61,  a  commission  appointing  him  judge  of  the  municipal 
court,  to  fill  a  vacancy ;  was  elected  in  April  following  without  opposition, 
for  the  unexpired  term ;  was  reelected  without  opposition  three  times 
subse([uently, —  in  1865,  1871  and  1877,  and  is  now  the  judge  of  that 
court. 


■     r . 


THE    BENCH    AND    BAR    OF    WISCONSIN.  240 

C.  K.  Martin,  Milwaukee,  was  born  at  Poughkeepsie,  New  York, 
April  i6,  1828,  his  parents  being  James  and  Rebecca  Martin.  He  is  a 
graduate  of  Wesleyan  University,  Middletown,  Connecticut;  studied  law 
in  Milwaukee  in  1856  and  1857  with  Emmons  &  Van  Dyke  and  Brown 
&  Ogden,  and  was  admitted  to  the  bar  in  July,  1857,  since  which  time 
he  has  practiced  mostly  alone.  He  was  district  attorney  for  Milwaukee 
county  eight  years.  Mr.  Martin  is  noted  as  a  successful  criminal  law- 
yer, having  been  employed  on  many  notable  cases. 

« 

Henry  L.  Palmer,  Milwaukee,  was  born  at  Mount  Pleasant,  Wayne 
county,  Pennsylvania,  October  i8,  1819.  He  received  a  common  school 
education,  studied  law,  and  was  admitted  to  the  bar.  In  1 836,  at  the  age  of 
seventeen,  he  went  to  West  Troy,  New  York,  to  reside,  and  from  thence 
came  to  Wisconsin  in  1849,  where  he  has  made  his  home  since  that  time. 
He  entered  upon  the  practice  of  the  law,  which  he  continued  with  eminent 
success  until  he  became  president  of  the  Northwestern  Life  Insurance 
Company.  Previous  to  that  time  Mr.  Palmer  took  an  active  part  in 
politics,  was  the  acknowledged  head  of  the  democratic  party  in  this 
state,  and  its  candidate  for  governor  at  the  election  of  1863.  He  was 
member  of  the  assembly  in  1853,  i860,  1862  and  1873,  of  the  senate  in 
1867  and  1868,  was  speaker  of  the  assembly  at  the  session  of  1853  and 
at  the  extra  session  of  1862.  While  a  member  of  these  bodies  he  was 
foremost  in  the  duties  of  legislation.  In  1873  he  was  elected  county 
judge  and  resigned  early  in  February,  1874,  to  accept  the  office  of  presi- 
dent of  the  Northwestern  Life  Insurance  Company,  of  Milwaukee.  Re- 
linquishing his  very  extensive  law  practice  and  eschewing  active  parti- 
cipation in  party  politics,  he  has  devoted  his  attention  wholly  to  the 
interests  of  the  mammoth  corporation  that  he  has  been  preifminently  in- 
strumental in  building  up  to  the  position  of  one  of  the  first,  as  it  is  one  of 
the  soundest,  in  this  or  any  other  country.  Of  a  manner  the  most  quiet 
and  retiring,  there  is,  in  the  subject  of  our  sketch,  a  power  back  of  it 
that  is  comprehensive,  clean  cut  and  vigorous.  During  his  career  as  a 
lawyer  Mr.  Palmer  had  associated  with  him  at  different  periods  gentle- 
men of  celebrity,  among  whom  were  the  present  governor  of  Colorado, 
F.  W.  Pitkin,  ex-Chief  Justice  L.  S.  Dixon,  and  D.  G.  Hooker.  His 
firms  were  all  leading  ones  of  the  time,  and  himself  was  at  their  heads. 


)IM)  THE    BENCH    AND    BAR    OF    WISCONSIN. 

James  H.  Paine,  Milwaukee,  was  born  in  the  State  of  Connecticut 
He  descended  from  a  reputable  parentage  of  the  old  Puritan  stock.  When 
quite  young  he  removed  with  his  parents  to  Vergennes,  in  the  State  of 
Vermont,  where  he  spent  his  young  life.  At  an  early  age  he  was  ambi- 
tious to  obtain  an  education,  but  his  educational  advantages,  perhaps 
unfortunately  for  him,  were  limited  to  only  such  as  were  afforded  by  the 
common  schools  of  that  day.  By  industry,  strict  economy,  and  hard 
toil  at  farm  work  a  portion  of  his  time,  and  by  teaching  the  district 
school  in  the  winter  months,  and  by  improving  his  opportunities  for 
self  culture,  he  was  enabled  to  acquire  a  good  English  education,  also 
to  qualify  himself  for  the  duties  and  responsibilities  of  the  legal  pro- 
fession. In  1 82 1  he  returned  to  Painesville  in  the  State  of  Ohio,  where 
he  was  first  admitted  to  the  bar,  and  where  he  immediately  entered 
upon  a  large  and  lucrative  practice  which  he  retained  until  1847,  when 
he  removed  to  this  citv  and  became  identified  with  this  bar.  His  stand- 
ing  with  the  bar  was  always  highly  reputable  as  an  honorable  prac- 
titioner, safe  counselor  and  elociuent  advocate.  He  was  associated  in 
his  practice  in  Milwaukee,  with  his  two  sons,  the  late  Hortentius  Paine 
and  Judge  Byron  Paine,  for  several  years,  and  until  the  early  death  of 
the  former  and  the  advancement  of  the  latter  to  the  judicial  bench  of 
the  state.  General  Paine  was  a  life-long  reformer  and  radical  politician. 
He  devoted  much  of  his  time,  and  contributed  liberally  from  his  limited 
pecuniary  resources,  in  the  dissemination  and  the  advancement  of  his 
peculiar  political  views. 

It  is,  however,  worthy  of  mention  as  an  evidence  of  his  modesty  and 
unselfishness,  that  he  never  held  a  political  office,  and  never  sought  or 
desired  official  position.  His  views,  particularly  on  the  question  ol 
American  slavery,  were  of  the  most  radical  type.  When  those  great 
champions  of  freedom,  William  Lloyd  Garrison  and  Gerritt  Smith  (who 
ultimately  became  radicals  on  the  slavery  question),  were  sticking  in 
the  bark  of  gradual  emancipation,  and  were  patrons  of  that  deceptive 
scheme  familiarly  known  in  the  early  times  as  the  Slave-holders  Coloni- 
zation Society,  he  was  the  bold,  undaunted  advocate  of  the  uncondi- 
tional abolition  of  slavery  in  the  territories  and  states  of  the  Union 
His  earnest,  fearless  and  outspoken  advocacy  of  these  principles,  in 
public  and  private,  at  home  and  abroad,  gave  him  great  notorieiy 
throughout  the  Northwest,  and  particularly  in  the  State  of  Ohio,  a&  a 
prominent  leader  in  the  a.ti-slavery  party.      In  the  inception  of  the 


THE    BENCH    AND    BAR    OF    WISCONSIN.  251 

anti-slavery  agitation  in  this  country,  and  for  years  afterward,  it  cost 
something  to  be  a  pronounced  abolitionist.  The  people  of  the  North 
held  their  teachings  as  dangerous,  the  South  denounced  them  as 
treasonable,  while  on  every  hand  they  were  regarded  as  wild  and  fanat- 
ical. To  face  such  a  formidable  public  sentiment,  required  men  of 
nerve,  of  great  tenacity  of  purpose  and  fixedness  of  principle.  These 
rare  qualities  General  Paine  possessed  in  a  marked  degree,  and  during 
the  long  and  sanguinary  conflict  between  liberty  and  slavery  he  was 
always  found  in  the  front  and  true  to  his  convictions.  Whether  he 
always  acted  wisely  we  are  not  called  to  pass  upon  at  this  late  day.  It 
is,  however,  proper  to  say  in  this  connection,  that  his  peculiar  views  of 
American  slavery,  its  wrongs,  its  dangers,  and  its  method  of  cure,  ulti- 
mately became  national.  And  he  lived  to  see  their  triumph  in  the  over- 
throw of  slavery  throughout  our  broad  domain. 

When  that  great  fact  was  accomplished,  and  the  intelligence  was 
wired  to  this  city,  in  the  exhuberance  of  his  joy  and  characteristic  of 
his  impulsive  nature,  he  said  to  the  writer  of  this,  *'  Now  I  am  ready  to 
depart,  for  I  have  seen  the  salvation  of  the  Lord."  It  is  a  somewhat 
remarkable  fact  that  he  was  apparently  taken  at  his  word,  for  soon 
thereafter  he  was  stricken  down  with  a  fatal  though  lingering  disease,  and 
nevermore  was  known  or  seen  in  the  business  walks  or  avocations  of  his 
life.  He  passed  away  February  19,  1879,  at  the  advanced  age  of  eighty- 
seven  years. 

George  H.  Paul,  Milwaukee,  was  born  at  Danville,  Caledonia 
county,  V^ermont,  March  14,  1826.  At  eleven  years  of  age  he  entered 
the  office  of  the  North  Star,  one  of  the  oldest  weekly  newspapers  of  New 
England,  where  he  remained  until  the  expiration  of  his  term  of  appren- 
ticeship in  1840.  During  the  ensuing  three  years  he  completed  his  prepa- 
ration for  college  at  Phillips  Academy,  and  joined  the  freshman  class  of 
Vermont  University  at  Burlington  in  January,  1844,  from  which  institu- 
tion he  received  his  graduation  degree  in  1847,  ^^^  subsequently  the 
degree  of  master  of  arts  in  course.  After  the  completion  of  his  univer- 
sity studies  at  Burlington,  he  became  a  member  of  the  law  class  of  1847 
at  Harvard  University,  where  he  remained  until  January,  1848,  when  he 
became  editor  and  proprietor  of  the  Burlington  Sentinel.  A  few  months 
later  he  started  the  first  regularly  published  daily  paper  of  that  state, 
and  soon  after  was  appointed  postmaster  at  Burlington  by  President  Polk. 


^.«l.-^u-*-l.    -l^ 


252  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Early  in  the  year  1851  he  sold  the  Sentinel  newspaper  and  came  to 
Kenosha,  Wisconsin,  where  he  commenced  the  publication  of  the  Keno- 
sha Democrat.  In  January,  1853,  he  was  appointed  assistant  secretary 
of  the  Wisconsin  senate.  In  May  of  the  same  year  he  was  appointed 
postmaster  at  Kenosha,  and  reappointed  in  1857,  and  held  the  office 
until  the  expiration  of  his  commission  in  1861.  In  April,  1854,  he  was 
appointed  a  member  of  Governor  Barstow's  staff.  During  his  residence 
at  Kenosha  he  was  mayor  of  the  city  one  year  and  held  other  important 
city  and  county  offices.  In  186 1  he  became  one  of  the  editors  of  the 
New  York  Daily  News,  and  upon  its  discontinuance  he  returned  to  Wis- 
consin and  became  connected  with  the  Milwaukee  News,  assuming  the 
position  of  managing  editor  until  January,  187 1,  when  the  establishment 
afterward  passed  into  the  hands  of  a  joint  stock  company.  .Mr.  Paul 
was  president  of  it  until  May,  1874,  at  which  time  he  parted  with  his 
interest  in  the  paper. 

In  1867  he  was  elected  a  member  of  the  Milwaukee  Charter  Conven- 
tion held  in  that  year.  In  1870  he  was  a  member  of  the  Milwaukee 
board  of  school  commissioners  for  two  years,  but  resigned  to  accept  the 
place  of  superintendent  of  schools  for  Milwaukee  city,  in  which  position 
he  remained  until  May  1871.  He  was  a  delegate  from  the  state  at 
large  to  the  national  convention  which  nominated  General  McClellan 
for  the  presidency  at  Chicago  in  1864,  and  a  delegate  from  the  Milwau- 
kee district  to  the  national  convention  which  nominated  Mr.  Greeley  for 
the  presidency  at  Baltimore  in  1872.  He  was  chairman  of  the  demo- 
cratic state  central  committee  of  Wisconsin  in  1873  and  1874.  In  Feb- 
ruary, 1874,  he  was  appointed  a  member  of  the  board  of  regents  of 
Wisconsin  University  ;  was  chosen  its  president  in  May  1874,  and  holds 
the  office  to  the  present  time;  was  appointed  by  the  governor  a  member 
of  the  board  of  railroad  commissioners  for  Wisconsin,  and  this  position 
he  continued  to  occupy  until  the  repeal  of  the  law  under  which  that 
commission  was  organized.  During  the  entire  period  that  Mr.  Paul  was 
connected  with  the  press,  and  for  some  years  previous,  he  was  a  constant 
contributor  to  the  newspaper  and  miscellaneous  literature  of  the  time. 
In  1877  Mr.  Paul  was  elected  to  the  state  senate,  and  was  reelected  in 
1879.  He  is  also  a  member  of  the  board  of  trustees  of  the  Milwaukee 
County  Insane  Asylum,  and  vice-president  and  business  manager  of  the 
Milwaukee  Cement  Company.  Though  admitted  as  a  member  of  the 
bar  of  Milwaukee  many  years  ago,  and  a  student  in  the  study  of  law 


THE    BUNCH    AND    BAR    OF    WISCONSIN.  253 

from  early  life,  he  has  never  engaged   in  the   active   practice  of  that 
profession. 

J.  V.  V.  Platto,  Milwaukee,  was  born  in  Schenectady,  New  York, 
January  17,  1822,  was  educated  in  Albany,  studied  law  with  R.  W. 
Peckham,  then  judge  of  the  court  of  appeals,  and  was  admitted  as  an 
attorney  in  1845,  by  the  supreme  court  of  New  York.  He  came  to  Wis- 
consin in  1848,  commenced  practice  in  Milwaukee,  where  he  has  been  a 
successful  practitioner  to  this  time,  and  is  one  of  the  oldest  lawyers  in 
that  city.  Mr.  Platto  served  as  member  of  the  assembly  during  the 
sessions  of  1861  and  1862,  and  when  in  that  body  served  on  a  select 
cofnmittee  on  investigation  of  state  affairs,  as,  likewise,  on  the  expendi- 
ture of  the  war  fund,  for  which  latter  committee  he  made  the  report. 

Nathan  Pereles,  Milwaukee,  one  of  the  pioneer  residents  of  Mil- 
waukee, was  born  at  Sobotisch,  Hungary,  Austria,  April  2,  1824,  his 
parents  having  been  Herman  Pereles  and  Julia  Pereles.  His  education 
was  received  at  Sobotisch,  Prague  and  Vienna,  Europe  and  New  York. 
His  law  study  was  with  G.  W.  Chapman,  Milwaukee,  and  he  was 
admitted  to  the  bar  in  Milwaukee,  September  11,  1857.  His  practice 
was  continuously  in  Milwaukee,  and  all  over  the  state,  ai^  his  part- 
ners have  been  R.  N.  Austin,  I).  H.  Johnson,  under  the  firm  of  Austin, 
Pereles  &  Johnson,  afterward,  in  1873,  Pereles  &  Chapman,  and  since 
1874,  Nath.  Pereles  &  Sons,  the  latter  being  James  Madison  Pereles  and 
Thomas  Jefferson  Pereles.  The  father  of  these  sons  died  January  28, 
1879,  but  the  firm  still  continues  Nath.  Pereles  &  Sons.  Mr.  Pereles 
was  a  director  of  the  old  LaCrosse  and  Milwaukee  railroad,  one  of  the 
directors  of  the  Bank  of  Commerce  of  Milwaukee,  and  financial  agent  for 
Wisconsin  of  the  Connecticut  Mutual  Life  Insurance  Company  of  Hart- 
ford, Connecticut. 

Albert  Phalen,  Milwaukee,  was  born  in  the  State  of  Maine,  and 
came  to  Wisconsin  when  about  two  years  of  age.  He  studied  law,  was 
admitted  to  the  bar,  commenced  practice  at  Sheboygan  in  1877,  where 
he  practiced  alone  until  1881,  when  he  changed  his  business  and  resi- 
dence to  Milwaukee.  Mr.  Phalen  has  made  a  specialty  of  criminal 
practice,  in  which  he  has  acquired  a  reputation  warranted  by  uniform 
success,  having  never  lost  an  important  case.  His  success  in  jury  trials 
is  remarkable,  as  the  records  of  the  cases  in  which  he  has  been  em- 


_  .fc_. 


iJ'     » 


254  TUK    HKNCH    AND    HAR    OF    WISCONSIN. 

ployed  will  attest.     In  civil  trials  his  success  is  likewise  notable  for  a 
young  practitioner. 

Hugh  Ryan,  Milwaukee,  was  born  in  Racine,  June  14,  1847,  and 
is  a  son  of  Chief  Justice  Ryan.  He  grew  up  and  attended  school  iti 
Milwaukee,  then  went  east  and  completed  his  education  in  New  Jersey. 
He  studied  law  with  Attorney-General  Edsall,  of  Illinois,  and  was 
admitted  to  the  bar  in  Wyandotte,  Kansas,  in  1873,  and  engaged  in  the 
practice  of  law.  He  was  appointed  prosecuting  attorney  for  Rooks 
county.  In  1874  he  was  admitted  to  the  bar  of  the  Illinois  supreme 
court.  He  came  to  Milwaukee  in  1876,  and  entered  the  office  of  Judge 
L.  S.  Dixon  in  1877.  He  was  for  some  time  associate  editor  of  the 
Commercial  Times,  of  Milwaukee.  In  1878  he  was  appointed  United 
States  court  commissioner,  and  since  then  has  also  been  in  the  practice 
of  law  in  Milwaukee. 

Gkorge  a.  Starkweather,  Milwaukee,  was  a  native  of  the  State 
of  Connecticut,  and  was  born  May  19,  1794.  Until  the  fall  of  18 13  he 
worked  on  his  father's  farm,  and  his  health  having  failed  he  went  with  a 
friend  to  Orange  county,  New  York,  with  a  view  to  spend  the  winter 
and  recuperate.  It  resulted  in  his  taking  a  common  school,  which  he 
taught  for  two  years  in  the  town  of  Walkill,  working  in  the  summer  season 
on  a  farm  before  and  after  school  hours.  He  returned  to  Connecticut 
in  the  fall  of  18 15,  taking  with  him  as  the  fruits  of  his  labor  about  six 
hundred  dollars.  He  then  commenced  preparing  for  college,  and  in  the 
fall  of  1817,  entered  Union  College,  joining  the  sophomore  class.  He 
remained  in  College  until  the  fall  of  18 19,  when  he  moved  to  Coopers- 
town,  Otsego  county.  New  York,  and  commenced  his  professional 
studies  with  his  brother  Samuel.  He  was  elected  by  the  faculty  of 
Union  one  of  the  first  six  of  his  class  as  a  Phi  Beta  Kappa,  and  had 
the  third  appointment  in  his  class;  but  his  funds  being  exhausted,  he 
did  not  return  to  fulfill  his  appointment.  In  the  fall  of  1820  he  went  to 
Ithaca  and  taught  a  select  school  for  six  months,  pursuing  his  law 
studies  at  the  same  time.  He  returned  to  Cooperstown  in  the  spring 
and  paid  up  his  little  bills;  was  admitted  as  attorney  of  the  supreme 
court  in  January,  1823,  as  counsel  in  1826,  and  solicitors'  counsel  in 
chancery  in  1831;  in  September  1842  was  admitted  as  counsel  in  the 
district  court  of  the  United  States  for  the   northern   district  of  New 


THE    BENCH    AND    BAR    OF    WISCONSIN.  256 

York,  and  in  1854  was  admitted  to  the  supreme  court  of  the  United 
States.  Mr.  Starkweather  formed  a  partnership  with  his  brother  Samuel, 
and  practiced  his  profession  in  the  county  of  Otsego  thirty-three  years, 
having  purchased  his  brother's  interest  in  the  business  in  183 1.  In  1856 
he  joined  his  eldest  son,  John  C.  Starkweather,  in  Milwaukee,  where  he 
practiced  his  profession  for  ten  years.  Mr.  Starkweather  took  a  very 
active  part  in  politics.  He  was  challenger  at  the  polls  for  ten  years 
when  the  election  was  held  three  days,  and  never  missed  a  day  :  was 
twenty  years  chairman  of  the  democratic  corresponding  committee  of 
Otsego  county,  New  York,  and  wrote  most  of  the  addresses  and  resolu- 
tions; was  frequently  a  delegate  to  county  senatorial  and  state  conven- 
tions ;  was  delegate  to  the  national  convention  at  the  time  Mr.  Van 
Buren  was  nominated  for  president,  and  was  secretary  of  the  conven- 
tion. The  first  office  he  held  was  commissioner  of  deeds,  elected  by 
the  board  of  supervisors;  in  1833  was  appointed  surrogate  of  Otsego 
county;  was  afterward  elected  witliout  opposition  and  held  the  office 
for  eight  years.  He  was  elected  town  supervisor  in  his  absence,  held 
the  office  for  four  years,  and  was  chairman  of  the  board.  He  was 
appointed  one  of  the  examiners  of  school  teachers  for  the  town  of 
Otsego;  took  a  deep  interest  in  the  common  school  system,  and  visited 
the  schools  of  the  town  without  compensation;  in  1846  was  elected  to 
congress,  Otsego  and  Schoharie  forming  the  congressional  district ; 
made  a  speech  in  the  house  of  representatives,  opposing  the  extension 
of  !slavcr>',  which  was  formally  commented  upon  by  the  New  York 
Tribune,  Herald,  and  several  other  papers.  He  was  commissioned 
Miixessively  adjutant,  major,  lieutenant-colonel  and  colonel  of  the* 
Twelfth  regiment.  New  York  State  artillery,  "and  was  an  efficient  and 
able  officer."  In  1850  he  was  appointed  a  member  of  the  American 
legal  association;  in  1834  he  became  a  life  member  of  the  colonization 
society,  and  in  1847  a  life  member  of  the  Otsego  bible  association. 
He  was  one  of  the  vestry  of  Christ  Church,  Cooperstown,  New  York, 
for  twenty-seven  years.  When  in  Milwaukee  ho  donated  116  volumes 
of  his  congressional  books  to  the  Youn^  Men's  association,  and  was 
made  an  honorary  life  member  thereof,  ('olonel  Starkweather  had  four 
sons  in  the  army  during  the  late  war  of  the  rebellion,  all  of  whom  were 
volunteers.  The  venerable  and  greatly  respected  Colonel  Starkweather 
died  at  Coo|>erstown,  New  York,  October  13,  1878,  at  the  advanced  age 
of  eighty-four. 
15 


•^."ir*  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Joshua  Stark,  Milwaukee,  was  born  in  Brattleboro,  Vermont, 
August  12,  1828.  His  parents  were  Reverend  J.  L.  Stark  and  Hannah 
(r.  Stark,  both  natives  of  Bozrah,  Connecticut.  They  removed  to  the 
town  of  Canajoharie,  Montgomery  county,  New  York,  in  the  spring  of 
1839,  and  in  1842  to  the  village  of  Mohawk,  Herkimer  county.  New 
York.  Mr.  Stark  was  educated  and  prepared  for  college  at  the  acade- 
mies in  West  Brattleboro,  Vermont,  and  Ames,  Herkimer  and  Little 
Falls,  New  York ;  entered  Union  College  at  Schenectady  in  the  spring 
of  1846,  joining  the  sophomore  class,  and  graduated  in  1848.  From 
January  1847,  to  January  1848,  he  was  employed  as  tutor  in  the  family 
of  Kdward  C.  Marshall,  in  Fauquier  county,  Virginia,  during  which 
time  lie  pursued  the  studies  of  his  class,  and  upon  examination  was 
permitted  to  resume  his  standing  and  graduate  with  the  class.  In  the 
fail  of  1848  he  entered  the  law  office  of  J.  N.  &  D.  Lake,  at  Little 
Falls,  New  York,  as  a  student,  and  remained  with  them  until  admit- 
ted to  the  bar  by  the  supreme  court  of  New  York,  at  g^eneral  term 
held  in  Watertown,  in  July,  1850.  About  the  first  of  October  1850, 
he  set  out  for  the  West,  having  Milwaukee  as  destination,  coming 
by  rail  to  New  Buffalo,  and  thence  to  Milwaukee  by  boat,  arriving 
October  6,  1850.  He  formed  a  law  partnership  with  F.  W.  Horn,  of 
Cedarburg,  Wisconsin,  about  the  twentieth  of  the  same  month,  and 
spent  the  winter  in  that  village,  without  law  practice,  but  diligently 
engaged  in  the  study  of  the  German  language,  until  May  19,  1851, 
when  he  took  up  his  residence  in  Milwaukee,  where  he  has  ever  since 
pursued  the  practice  of  his  profession.  In  the  spring  of  1853  he  was 
elected  city  attorney,  and  held  the  office  one  year.  In  November,  1855, 
he  was  chosen  as  democratic  representative  from  the  first  ward,  then 
comprising  the  present  first  and  seventh  wards,  in  the  assembly  of  the 
slate,  for  the  sessions  of  1856.  He  was  made  chairman  of  the  judiciary 
committee,  and  speaker  pro  tempore,  in  which  latter  capacity  he  presided 
during  a  large  portion  of  the  adjourned  session  in  September,  1856. 
During  the  regular  session,  the  gubernatorial  contest  between  Bashford 
and  Harstow  came  before  the  legislature  and  the  supreme  court.  Mr. 
Stark  refused  to  join  in  resistance  to  the  decision  and  judgment  of  the 
supreme  court,  and  aided  in  preventing  a  serious  collision  of  the  oppos- 
ing parties.  A  defalcation  in  the  state  treasury,  discovered  a  little 
before  the  adjournment,  led  to  the  appointment  of  a  joint  committee  of 
investigation,  and  an  adjournment  of  the  session  until  September,  1856, 


Kf*t 


THE    BENCH    AND    BAR    OF    WISCONSIN.  '^5 

to  receive  and  act  upon  the  report  of  the  committee.  Near  the  opening 
of  the  regular  session,  communications  from  holders  of  scrip  issued  by 
the  state  for  the  construction  of  the  Fox  and  Wisconsin  improvement, 
brought  to  the  notice  of  the  legislature  the  fact  that  the  improvement 
company,  to  which  the  state  had,  in  1853,  transferred  the  improvement 
and  the  congressional  grant  of  lands  in  its  aid,  upon  condition  that  it 
should  pay  the  indebtedness  of  the  state  incurred  on  account  of  the 
work,  had  neglected  to  com])ly  with  this  condition,  and  had  permitted 
coupons  for  interest  to  be  protested  for  non-payment,  and  the  credit  of 
the  state  to  be  seriously  prejudiced.  The  subject  was  referred  to  a 
select  committee  of  the  assembly  of  which  Mr.  Stark  was  chairman, 
and  M.  M.  Davis,  of  Portage  City,  and  Charles  H.  Walker,  of  Mani- 
towoc, were  members.  Other  matters  of  importance  relating  to  the 
improvement  company  and  its  e.xecution  of  the  trust  conferred  upon  it 
by  the  state  came  to  the  knowledge  of  the  committee  during  the  session  ; 
but  as  the  committee  were  unable  to  report  advisedly  upon  them  before 
the  adjournment,  the  assembly  authorized  the  committee  to  sit  during 
the  recess,  and  report  in  September.  In  July  or  August  the  committee 
visited  and  inspected  the  improvement  from  Portage  City  to  Green  Bay, 
and  thoroughly  considered  the  subject  of  the  improvement  and  of  the 
interests  of  the  state  as  affected  thereby,  and  reported  at  length  in 
October,  recommending  the  pa.ssage  of  an  act  to  secure  the  rights  and 
interests  of  the  state,  and  the  prompt  completion  of  the  improvement. 
The  act  was  passed,  and  received  the  approval  of  the  governor,  October 
3.  1856.  It  resulted  in  the  speedy  payment  and  extinguishment  of  all 
the  obligations  of  the  state  on  account  of  the  improvement. 

In  June,  1856,  congress  made  a  liberal  grant  of  lands  to  the  state 
for  railroad  purposes.  The  disposition  of  these  lands  became  the  lead- 
ing question  at  the  October  session.  The  prominent  events  of  the  ses- 
sion are  well  known.  Mr.  Stark  came  out  of  the  struggle  unspotted  by 
the  corruptions  of  the  session.  In  November,  i860,  he  was  elected 
district  attorney  of  Milwaukee  county,  and  held  the  office  for  two  years 
from  January  i,  1861.  Though  not  in  the  military  service,  he  aided, 
during  the  war,  to  keep  alive  the  courage  an<l  patriotism  of  the  north  ; 
attended  war  meetings,  and  urged  the  prompt  recruiting  of  our  regi- 
ments, and  was  in  hearty  sympathy  with  the  cause  of  the  Union.  In 
September,  187 1,  he  was  appointed  school  commissioner  for  the  seventh 
ward,  and  served  until  June  1873,  when  he  resigned  to  undertake  the 


•^58  THK    BENCH    AND    BAR    OF    WISCONSIN. 

work  of  revising  and  consolidating  the  charter  and  ordinances  of  the 
city  of  Milwaukee.  This  work  being  completed,  in  April  1874  he  was 
again  chosen  school  commissioner  of  the  same  board,  which  office  he 
still  holds.  In  May,  1875,  ^^  ^^^  elected  president  of  the  school  board, 
and  has  been  reelected  each  year  since  that  time,  and  is  now  serving 
for  the  sixth  year.  Mr.  Stark  was  one  of  the  pioneer  lawyers  of  Mil- 
waukee, and  has  always  held  a  prominent  position  at  the  bar  of  the  city, 
and  is  of  high  standing  in  the  fraternity.  His  partner  is  now  Moses  H. 
Brand,  a  young  and  promising  lawyer.  Mr.  Stark  has  taken  great 
interest  in  educational  matters  in  the  city,  as  a  member  of  the  school 
board,  and  its  presiding  officer. 

E.  P.  Smith,  Milwaukee,  was  born  in  Burlington,  Vermont,  February 
18,  1827.  His  father,  the  late  Reverend  Reuben  Smith,  was  a  Presby- 
terian minister  of  marked  talents  and  power,  for  many  years  located  at 
Ballston  Spa,  Saratoga  county.  New  York.  The  subject  of  this  sketch 
was  prepared  for  college  under  the  tuition  of  Professor  Taylor  Lewis, 
and  graduated  at  Union  College  in  the  class  of  1847.  Intending  to 
devote  himself  to  the  practice  of  law  Mr.  Smith  came  west  after  complet- 
ing his  preparatory  studies  and  entered  the  law  office  of  Finch  &:  Lyndc, 
in  the  city  of  Milwaukee,  where  he  remained  until  his  admission  to  the  bar. 
In  October,  1849,  he  removed  to  Beaver  Dam,  then  a  small  but  growing 
place,  and  soon  succeeded  in  building  up  a  lucrative  practice  and 
establishing  himself  in  the  confidence  of  the  community.  He  was  the 
second  mayor  of  the  city  of  Beaver  Dam  and  afterward  twice  elected  at 
different  periods  to  the  same  office.  In  1872  Mr.  Smith  removed  to 
Milwaukee,  carrying  with  him  the  reputation  of  an  able,  thorough  and 
successful  lawyer,  and  was  at  once  recognized  as  entitled  to  stand  in  the 
front  rank  of  his  profession. 

Amos  A.  L.  Smith,  Milwaukee,  was  born  at  Appleton,  September  8, 
1849,  is  the  son  of  Reeder  and  Eliza  P.  Smith,  and  the  first  white  child 
born  in  Appleton.  His  father  enjoys  the  credit  of  having  been  the 
founder  of  the  city  of  Appleton,  as  the  agent  of  Amos  A.  Lawrence,  of 
Boston,  who  was  proprietor  of  the  land  upon  which  the  city  now  stands, 
and  has,  moreover,  been  a  conspicuous  citizen  of  Wisconsin.  A.  A.  L. 
Smith  was  prepared  for  college  at  the  Lawrence  University  at  Appleton, 
c()m])leting  the  sophomore  year  at  that  institution,  and   entered   the 


THE    BENCH    AND    BAR    OK    WISCONSIN.  259 

Northwestern  University  at  Evanston,  Illinois,  in  September,  1869,  from 
which  he  graduated  in  full  classical  course  in  1872,  taking  the  highest 
prizes  for  oratory  and  English  composition.  When  at  the  university  he 
was  a  prominent  debater  in  the  literary  societies  of  the  institution ;  was 
for  two  years  editor  of  the  college  paper,  took  several  special  studies  in 
the  department  of  engineering  in  addition  to  his  regular  course;  in  lan- 
guages he  was  quite  proficient,  having  in  his  college  course  read  the  whole 
trilogy  of  --Kschylus  in  addition  to  the  (ireek  prescribed,  and  wrote  a 
Greek  oration. 

Immediately  after  his  graduation  Mr.  Smith  became  a  traveling 
correspondent  for  the  Chicago  Inter  Ocean,  and  after  a  few  months 
became  united  with  the  editorial  force  of  the  city  department  of  the 
paper,  where  for  about  two  years  he  labored  industriously.  The  offices 
of  the  Inter  Ocean,  commencing  soon  after  the  great  Chicago  fire,  were 
located  in  buildings  connected  with  the  office  and  residence  of  J.  Y. 
Scammon,  proprietor  of  the  paper,  whose  extensive  law  library  afforded 
Mr.  Smith  an  op|>ortunity  to  pursue  the  study  of  law,  which  at  the  invi- 
tation of  Mr.  Scammon  he  improved.  In  1874  he  came  to  Milwaukee, 
where  he  completed  his  law  studies,  was  admitted  to  the  bar  the  same 
year,  and  commenced  practice  of  the  profession  in  the  office  of  (\Trpen- 
ler  A:  Murphy,  through  an  invitation  extended  by  Senator  Carpenter. 
Here  for  two  years,  and  especially  during  the  absence  of  Mr.  Carpenter 
at  Washington,  Mr.  Smith  assisted  in  the  preparation  of  cases,  and  par- 
ticipated in  many  of  the  trials  conducted  by  the  firm.  On  May  20, 
1874,  Mr.  Smith  married  Miss  P'rances  Louise  Hr<»wn,  of  Chi<ago,  with 
whom  he  had  formed  an  actpiaintance  while  attending  <-ollege  at  Kvans- 
ton,  at  which  village  her  fiither  has  an  elegant  summer  residence,  one 
of  the  finest  in  any  of  the  suburbs  of  Chicago.  In  making,  at  an  early 
age  of  his  life,  this  matrimonial  alliance,  Mr.  Smith  has  been  peculiarly 
fortunate.  Domestic  in  his  tendencies,  he  is  blessed  in  having  a  wife 
who  is  well  calculated  to  make  home  happy.  Uniting  with  an  attractive 
person,  a  thorough  education,  an  amiable  temper,  and  considerable 
accomplishments,  she  is  beloved  by  all  who  know  her,  and.  with  fme 
musical  tastes,  is  a  remarkably  skillful  performer  on  the  piano.  Their 
children  are  I^ura  Louise,  who  was  born  June  16,  1876,  and  Philip 
Reeder,  born  January  8,  1878. 

When  Mr.  Car|)enter  returned  to  Milwaukee  at  the  dose  of  his 
first  term  in  the  United  States  senate  in   March,   1876,  and    resumed 


260  THE    KENCH    AND    BAR    OF    WISCONSIN. 

his  law  practice,  Mr.  Smith  removed  from  the  office  of  Carpenter 
&  Murphy,  rented  the  office  and  library  of  E.  G.  Ryan,  who  had 
recently  gone  on  the  supreme  bench  as  chief  justice,  and  began 
the  practice  of  law  on  his  own  account.  Devoting  himself  assidu- 
ously to  his  business,  he  alone  had  acquired  a  large  and  valuable 
practice,  when,  in  the  latter  part  of  the  same  year,  Senator  Carpen- 
ter and  Winfield  Smith  invited  him  to  join  them  and  form  the 
law  firm  of  Carpenter  &  Smiths,  which  was  accepted.  Upon  the  death 
of  Mr.  Carpenter  in  1881  the  firm  became  Winfield  &  A.  A.  L.  Smith, 
and  is  continued  as  such.  In  his  political  tendencies  Mr.  Smith  has 
always  been  a  straight  republican ;  in  religion  he  is  a  member  of  a  con- 
gregational church,  and  socially  is  fond  of  home  and  books.  No  better 
comment  can  be  made  upon  the  solid  merits  of  Mr.  Smith  than  to  add  that 
he  was  especially  esteemed  by  Mr.  Carpenter,  and  was  his  trusted  '_*onfi- 
dant  and  personal  friend,  and  is  now  holding  similar  relations  with  Mr. 
Winfield  Smith.  To  have  been  in  business  with  gentlemen  of  their 
distinction,  may  be  truly  considered  an  honor  to  any  man,  and  especially 
to  one  so  young  in  years  as  Mr.  A.  A.  L.  Smith. 

Truman  Willcox  Saunders,  Milwaukee,  was  bom  in  Rensselaer 
county,  New  York,  January  22,  1847.  He  graduated  from  Williams 
College  in  1873,  and  was  immediately  after  engaged  for  three  years  as 
Professor  of  (ireek  in  Milton  College,  Wisconsin.  He  left  the  latter 
institution  in  1876,  and  taught  for  one  year  in  Markham's  Academy, 
Milwaukee.  From  1S77  to  iH-jS  he  read  law  with  Judge  J.  Gibson,  in 
Salem,  New  Vork,  and  was  admitted  to  the  bar  in  Milwaukee  in  the  fall 
of  1878.  He  at  once  began  his  practice  in  Milwaukee,  and  while  meet- 
ing with  good  success  he  was  cut  off  when  only  thirty-four  years  of  age 
by  sudden  sickness  at  his  home  in  that  city,  to  the  grief  of  his  many 
friends,  who  know  that  a  purer,  truer  and  pleasanter  man  never  lived. 
He  left  a  young  and  accomplished  wife  and  one  interesting  child. 

Frank  H.  Van  Valkenhur(;h,  Milwaukee,  was  born  in  Platts- 
burgh,  Steuben  county,  New  York,  February  21,  1835,  and  received  his 
education  in  the  common  schools  of  that  state.  He  began  the  study  of 
law  with  Rumsy  cV  ^'an  Val  ken  burgh,  of  Bath,  New  York,  and  subse- 
f|uently  removed  to  Milwaukee,  where  he  was  admitted  to  the  practice 
of  his  j)rofession,  February  21,  1S56.  He  was  a  member  of  the  firm  of 
Waldo,  Ody  ^'  Van,  of  .Milwaukee,  and  is  now  alone  in  business. 


._!... 


THE    BENCH    AND    BAR    OK    WISCONSIN.  '^♦•l 

O.  H.  Waldo,  Milwaukee,  was  born  in  Prattsburgh,  New  York,  April 
I,  1822.  His  father  was  a  farmer  and  until  seventeen  years  of  age  Otis 
remained  at  home  working  hard  with  brain  and  hand.  He  entered  Union 
College  in  1839,  and  notwithstanding  the  fact  that  his  sight  failed  him 
in  the  last  years  of  his  study  he  graduated  in  both  the  literary  and  classi- 
cal courses  with  honor  in  1842.  Mr.  Waldo's  health  was  not  good,  and 
he  left  home  for  the  more  genial  climate  of  the  south,  settling  in  Natchez, 
where  he  studied  law  with  John  A.  Quitman,  and  was  admitted  to  the  bar 
in  1849  at  that  place.  The  young  lawyer  did  not  agree  with  the  peculiar 
political  ideas  of  the  south,  however  ;  they  were  distasteful  to  his  republi- 
canism, even  at  this  early  day,  and  accordingly  he  decided  to  locate  in 
the  west,  and  came  to  Milwaukee  in  the  autumn  of  1849.  ^^  ^^^  spring 
of  1850  he  married  the  daughter  of  J.  Van  Valkcnburgh,  of  Pontiac, 
Michigan,  and  immediately  commenced  his  career  as  one  of  the  most 
thorough  and  conscientious  lawyers  who  ever  practiced  in  the  courts  of 
any  state.  He  took  an  active  interest  in  all  public  enterprises  for  over 
twenty  years,  and  to  his  labors  may  be  greatly  traced  the  success  of 
some  of  the  railroad  enterprises  which  are  at  the  basi*;  of  the  city's 
prosperity.  To  his  efforts  are  largely  due  the  construction  of  the 
Milwaukee  &  Northern  Railroad. 

Emil  Waixber,  Milwaukee.  There  are  among  the  members  of 
the  Wisconsin  bar,  those  who  have  achieved  a  high  standing  as 
legal  practitioners  who  came  to  this  country  from  abroad  at  an  early 
period  of  their  lives,  and  have  remained  here,  grown  up  within  its  institu- 
tions, filled  places  of  public  trust  with  ability  and  fidelity,  and  become 
an  honor  to  the  state.  Among  the  younger  men  of  this  class  is  the  sub- 
ject of  this  sketch.  Emil  Wallber  was  born  in  the  city  of  Berlin,  Prussia, 
April  I,  1841,  and  came  to  the  city  of  New  York  with  his  parents  in  the 
year  1850.  The  son  received  his  education  at  the  New  York  Free 
Academy.  The  family  left  that  city  in  1855  and  came  to  Milwaukee, 
where  they  settled,  and  Emi^  commenced  the  study  of  law  in  the  office 
of  Winfield  Smith  and  Edward  Salomon.  He  was  admitted  to  practice 
at  the  bar  in  1864,  and  in  1862  commenced  public  life  as  chief  clerk  of 
the  executive  office  at  Madison,  which  office  he  held  until  i«S63,  which 
was  during  the  term  of  Governor  Salomon  as  executive  of  the  state.  He 
was  then  appointed,  in  1864,  assistant  attorney-general  and  served  until 
1866.     In  Milwaukee  Mr.  Wallber  has  been   much   identified  with  the 


•^r»2  THK    BKNCH    AND    BAR    OF    WISCONSIN. 

interests  of  the  public  schools,  having  served  as  school  commissioner  for 
the  sixth  ward,  from  April  27,  1870  to  1873,  and  was  president  of  the 
board  of  school  commissioners  for  1871  and  1872.  The  latter  year  he 
was  member  of  the  assembly  in  which  he  took  a  leading  part  and  was 
member  of  important  committees  of  that  body.  In  1873  he  was  elected 
city  attorney,  and  held  the  office  by  reelection  until  1878,  when  he 
declined  to  be  again  a  candidate,  choosing  to  apply  himself  to  the  legiti- 
mate practice  of  the  law,  accepting,  however,  the  office  of  court  com- 
missioner in  1878,  and  now  continues  to  administer  its  functions.  At 
the  election  of  city  attorney  in  1880,  Mr.  Wallber  was  strongly  urged  10 
accept  a  nomination,  which  he  respectfully  declined.  Mr.  Wallber  is 
one  of  the  most  genial  of  gentlemen,  a  straight-forward  lawyer,  and  a 
reliable  man.  The  many  stations  of  public  duty  that  he  has  been  called 
to  occupy  have  been  filled  with  distinguished  ability  and  universal  accept- 
ance. Few  have  been  called  to  serve  in  public  capacities  at  so  young 
an  age,  and  none  have  discharged  the  responsibilities  of  office  more 
worthily. 

In  June,  1882,  a  Milwaukee  daily  paper  said:  "The  election  of 
Emil  Wallber,  of  this  city,  to  be  president  of  the  National  Association  of 
Turners,  is  peculiarly  an  honor  to  the  turners  of  Milwaukee  and  Wis- 
consin, and  incidentally  a  marked  com])liment  to  the  city  and  state. 
The  distinction  is  one  of  which  Mr.  Wallber  has  the  right  to  be  proud." 

Frederic  C.  Winkler,  Milwaukee,  was  born  in  Bremen,  Germany, 
March  15,  1838.  His  parents  emigrated  to  the  United  Slates  when  he  was 
six  years  of  age,  and  located  in  Milwaukee.  His  education  was  obtained 
in  the  public  and  private  schools  in  Milwaukee,  and  under  the  private  tui- 
tion of  Professor  Kngelman.  Mr.  Winkler  taught  school  before  reaching 
his  eighteenth  year,  and  at  this  age  commenced  the  study  of  law  in  the  office 
of  H.  L.  Palmer,  Milwaukee,  where,  teaching  school  in  the  winter  months, 
he  remained  a  student  until  the  fall  of  1858,  when  he  entered  the  office  of 
Abbott,  Gregory  &  Pinney,  at  Madison,  as  .clerk.  While  there  he  was, 
April  19,  1859,  admitted  to  the  bar  in  the  circuit  court  of  Dane 
county  after  a  thorough  examination  in  open  court.  Shortly  after  this 
event  he  returned  to  Milwaukee  and  entered  upon  the  practice  of  his 
profession.  Immediately  after  the  breaking  out  of  the  war  his  partner, 
G.  Von  Deutsch,  entered  the  cavalry  service,  leaving  the  business  in 
Mr.  Winkler's  hands.     In  1862  when  the  appeal  for  more  troops  became 


THK    RENCH    AND    BAR    OF    WISCONSIN.  263 

urgent,  Mr.  Winkler  gave  up  his  business  and  recruited  Company  B,  of 
the  twenty-sixth  Wisconsin  regiment,  of  which  he  was  elected  captain. 
The  regiment  left  the  state  early  in  October  and  was  assigned  to  the 
eleventh  corps  of  the  army  of  the  Potomac,  then  commanded  by  General 
Sigel.  During  the  succeeding  winter  Captain  Winkler  was  constantly 
employed  as  judge-advocate  in  courts-martial  at  corps  headquarters. 
At  the  opening  of  the  campaign  the  next  spring  he  was  assigned  to  the 
staff  of  General  Schurz,  who  was  commanding  a  division  of  the  torps, 
participated  in  the  battles  of  Chancellorsville  and  (xettysburg,  and  tempo- 
rarily took  charge  of  the  regiment  during  the  latter  battle.  Afterward 
he  remained  with  the  regiment  as  second  in  command.  After  the  battle 
of  Chickamauga  the  regiment  was  transferred  to  the  west,  as  a  part  of 
General  Hooker's  forces  that  were  sent  to  the  relief  of  Rosecrans. 
Shortly  afterward  the  colonel  of  the  regiment  resigned,  and  Captain 
Winkler  thenceforth  commanded  the  regiment,  being  successively  pro- 
moted through  the  various  grades  to  that  of  colonel.  Under  his  com- 
mand the  regiment  took  part  in  the  battle  of  Mission  Ridge  in  1863  ;  the 
Atlanta  campaign  with  its  battles  and  countless  skirmishes  in  1864;  the 
march  to  the  sea,  and  thence  north  through  the  Carolinas,  winning  the 
reputation  of  a  brave  and  well  conducted  fighting  regiment.  It  never 
met  with  a  reverse  or  marched  in  retreat  while  under  Colonel  Winkler's 
command.  Upon  the  close  of  the  war,  in  1865,  he  was  appointed  Brevet 
Brigadier-General. 

Returning  to  Milwaukee,  Cxeneral  Winkler  resumed  the  practice  of 
law,  and  in  1867  became  associated  with  A.  R.  R.  Butler.  In  1872  he 
was  a  member  of  the  assembly  in  the  state  legislature,  and  was  the 
republican  nominee,  the  same  year,  for  congress  in  the  Milwaukee 
district,  then  largely  democratic. 

W.  C.  Williams,  Milwaukee,  was  born  in  the  town  of  l)arien,  Wiscon- 
sin, April  7,  1852.  He  completed  his  education  at  Ripon  College*  and 
studied  law  in  Milwaukee  with  Carpenter  &  Murphey  and  with  Butler  & 
Winkler.  He  was  admitted  to  the  bar  at  Milwaukee,  and  there  entered 
upon  his  professional  career.  He  was  first  associated  with  Mr.  Merrill, 
under  the  firm  of  Williams  &  Merrill,  and  was  then  alone  in  his  prac- 
tice until  1878,  when  he  became  a  member  of  the  firm  of  Butler,  Will- 
iams &  Butler.  He  is  now  associated  with  E.  S.  Elliott,  under  the  firm 
of  Williams  &  Elliott.  In  November,  1880,  Mr.  Williams  was  elected  city 
attorney  of  Milwaukee. 


264  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Augustus  Gordon  Weissert,  Milwaukee,  was  bom  August  7,  1843, 
at  Canton,  Stark  county,  Ohio.  His  father  was  a  merchant  and  old  resi- 
dent of  that  place,  going  thither  from  New  York  city.  In  1848,  his  parents 
coming  west,  he  located  with  them  at  Racine,  Wisconsin ;  graduated  at  the 
Racine  High  School,  and  afterward  at  the  University  of  Michigan,  where 
he  received  tlie  degree  of  LL.  B.  He  was  for  sometime  connected  with 
the  press,  and  studied  law.  At  the  outbreak  of  the  late  war,  being  then 
in  New  York,  he  returned  to  his  home  at  Racine  and  entered  the  army 
early  in  September,  1861,  in  the  eighth  regiment  Wisconsin  volunteer 
infantry,  aqd  which  was  afterward  known  as  the  famous  live  eagle  regi- 
ment. He  served  with  this  command  over  four  years,  and  was  promoted 
and  afterward  brevetted  captain  for  meritorious  conduct  on  various  battle 
fields.  He  was  appointed  by  President  Lincoln  cadet  to  the  United 
States  Military  Academy  at  West  Point,  but  was  obliged  to  decline  the 
appointment  on  account  of  wounds  received  in  battle.  He  participated 
with  his  regiment  in  a  large  number  of  battles  and  still  carries  a  bullet 
in  his  person  received  in  a  charge  on  the  enemies'  works  at  the  baftle  of 
Nashville,  Tennessee.  He  has  never  recovered  from  this  wound,  the 
same  never  having  healed.  He  has  held  several  public  positions :  was  ad- 
mitted to  the  bar  in  1866.  He  has  been  and  is  now  successfully  practicing 
his  profession ;  is  a  member  of  the  Milwaukee  board  of  school  commis- 
sioners, and  has  been  a  resident  of  Milwaukee  since  the  close  of  the  war. 

Edwin  Hurlbut,  Oconomowoc,  is  a  son  of  Philander  Hurlbut,  an 
attorney  and  farmer,  and  was  born  in  Newtown,  Connecticut,  October 
10,  181 7.  Both  of  his  grandfathers  fought  in  the  American  revolution, 
and  his  father  participated  in  the  war  of  181 2  to  1815.  The  family 
moved  to  Bradford  county,  Pennsylvania,  when  Edwin  was  about  seven 
years  old.  There  he  remained  about  eight  years,  and  enjoyed  the 
educational  advantages  that  a  common  school  afforded.  At  the  end  of 
that  time  he  started  for  New  Jersey,  walking  all  the  way  to  Newark, 
where  he  lived  a  year,  and  then  started  westward.  He  tarried  a  short 
time  in  P2aton  county,  Michigan,  and  afterward  returned  to  the  East 
and  studied  law  at  Lodi  Seneca  county,  New  York.  Proceeding  to 
Towanda,  I*ennsylvania,  in  1842,  he  resumed  the  study  of  law,  and  was 
admitted  to  the  bar  in  1847.  He  returned  to  Michigan  the  same  year, 
and  settled  at  Mason,  Ingham  county,  and  commenced  practice.  He 
was  appointed  postmaster  at  that  place  in  1848,  district  attorney  the 


SJ 


THE    BEN'CH    AND    BAR    OF    WISCONSIN.  2^*»5 

same  year,  and  a  little  later  received  from  Governor  Ransen  the 
appointment  of  judge  advocate  in  the  state  militia  with  the  rank  of 
colonel.  In  April,  1850,  Colonel  Hurlbut  settled  at  Oconomowoc, 
where  he  has  been  in  the  j)ractice  of  law  twenty-seven  years.  During 
the  first  year  of  his  practice  in  Wisconsin  he  was  appointed  attorney  of 
the  Milwaukee,  Watertown  &  Madison  plank-road ;  was  elected  district 
attorney  in  1856,  holding  the  office  two  years,  and  in  1858  was  appointed 
attorney  for  what  was  then  known  as  the  Milwaukee,  Beaver  Dam  & 
Baraboo  railroad,  now  a  branch  of  the  Chicago,  Milwaukee  iV  St.  Paul 
/  road,  and  held  that  position  several  years.  At  the  opening  of  the 
rebellion,  in  the  spring  of  1861,  Colonel  Hurlbut  was  appointed  colonel 
on  Governor  Randall's  staff,  and  was  active  in  recruiting  soldiers  for 
the  Union  army.  He  went  to  Washington  with  the  Fourth  Wisconsin 
Infantry,  and  had  a  position  in  the  state  commissary  department,  had 
the  inspection  of  troo|)s,  and  before  the  close  of  the  year  was  again 
appointed  governor's  aid.  In  1862  he  was  appointed  deputy  United 
States  marshal,  with  provost  marshal's  powers.  He  was  tendered  the 
colonelcy  of  one  of  the  Wisconsin  regiments,  but  declined. 

Colonel  Hurlbut  was  a  member  of  the  general  assembly  in  the 
session  of  1869.  He  was  chairman  of  the  committee  on  federal  rela- 
tions, and  a  member  of  other  committees.  The  next  year  Governor 
Fairchild  appointed  him  to  represent  the  governor  at  the  international  con- 
gress on  penitentiary  and  reformatory  discipline,  of  which  congress  Ruther- 
f«)rd  B.  Hayes  was  president.  Colonel  Hurlbut  is  known  as  a  humanitarian, 
and  in  1872  was  appointed  a  delegate  to  the  International  Penitentiary 
Congress,  which  met  in  London.  Two  years  later  he  was  a  member  of 
the  National  Prison  Congress,  held  in  St.  Louis,  md  was  made  one  of 
its  trustees,  and  put  on  the  committee  on  criminal  law  reform.  In  1875 
he  became  a  trustee  of  the  National  Prison  Association  of  New  York, 
and  was  i>laced  on  the  committee  on  discharged  convicts.  Colonel 
Hurlbut  has  held  various  offices  in  the  village  and  city  of  Oconomowoc, 
one  of  them  being  that  of  clerk  of  the  school  board,  which  he  held  about 
twelve  years.  He  was  a  member  of  the  board  of  managers  of  the  state 
industrial  school,  located  at  Waukesha.  In  politics,  Colonel  Hurlbut 
was  a  democrat  until  1854,  when  he  aided  in  forming  the  republican 
party  at  Madison,  with  which  he  acted  uniil  1872,  when  he  sup|)orted 
Horace  (ireeley  for  President.  It  was  by  the  reform  parly,  then  domi- 
nant in  the  state,  that    he  was    elected  district  attorney  of  Waukesha 


'ZiV)  THE    BENCH    AND    BAR    OF    WISCONSIN. 

county  in  1873.  He  is  editor  and  proprietor  of  the  Wisconsin  Free 
Press,  a  weekly  newspaper  published  in  Oconomowoc,  and  devoted  to 
the  interests  of  the  reform  party.  He  is  a  member  of  Waukesha  chap- 
ter of  the  Masonic  fraternity,  and  was  grand  worthy  patriarch  of  the 
state  in  the  order  of  Sons  of  Temperance  in  1853.  He  has  probably 
the  largest  and  best  law  library  in  Waukesha  county.  Colonel  Hurlbut 
was  married  in  October,  1840,  to  Miss  Chandler,  of  Seneca  county,  New 
York. 

Vernon  Tichenor,  Waukesha,  is  the  son  of  Moses  and  Abby  Paul 
Tichenor,  and  was  born  at  Amsterdam,  New  York,  August  28,  18 15. 
Vernon  was  prepared  for  college  at  the  Amsterdam  Academy,  and 
graduated  at  Union  College  in  1835,  on  the  verge  of  entering  upon  his 
twenty-first  year.  He  studied  law  with  David  P.  Corey,  at  Amsterdam; 
was  admitted  to  the  bar  at  Albany  in  October  1838;  the  following  year 
opened  a  law  office  at  Waukesha,  and  was  the  first  lawyer  to  put  out  a 
shingle  in  that  then  Indian  wilderness  town,  now  famous  as  a  sum- 
mer watering-place.  Mr.  Tichenor  is  a  noted  office  lawyer;  was  magis- 
trate many  years,  in  which  capacity  he  executed  a  great  variety  of 
business ;  was  the  first  town  clerk  of  Waukesha,  serving  several  years ; 
has  been  court  commissioner  twenty  years;  has  long  been  a  member  of 
the  school  board ;  three  or  four  terms  president  of  the  village ;  was 
draft  commissioner  in  1862;  member  of  assembly  in  1869;  is  local 
attorney  for  the  Chicago,  Milwaukee  &  St.  Paul  railroad,  and  president 
of  the  board  of  trustees  of  Carroll  county,  Waukesha.  Mr.  Tichenor 
married  Miss  Charlotte  Sears,  August  19,  1838,  and  has  three  children. 

Alexander  Cook,  Waukesha,  was  born  at  Sharon  Springs,  Schoharie 
county,  New  York,  March  i,  1820.  His  parents  were  John  R.  and 
Maria  Coon  Cook.  Mr.  Cook  was  educated  at  Clinton,  New  York,  at 
Hamilton  College  and  the  Liberal  Institute  at  that  place.  He  read 
law  in  the  city  of  Syracuse,  and  was  admitted  to  the  bar  in  1843.  He 
came  to  Wisconsin  in  1845,  and  in  August  of  that  year  located  at 
Waukesha,  where  he  has  been  in  the  practice  of  law  to  the  present  time. 
He  filled  the  office  of  town  clerk  two  terms  and  was  district  attorney  eight 
terms,  and  justice  of  the  peace  eight  terms,  having  held  one  or  the  other 
of  these  offices  ever  since  he  came  to  Waukesha.  He  married  Miss 
Nancy  Stevens,  of  New  York  State,  February  i,  1843.  They  had  one 
son,  who  lost  his  life  in  the  army,  January  23,  1863. 


-« •• 


THE    BENCH    AND    BAR    OF    WISCONSIN.  26? 

E.  W.  Chafin,  Waukesha,  was  born  in  Waukesha,  Wisconsin, 
November  i,  1852,  and  is  self-educated.  He  was  a  member  of  the 
Slate  University  law  class,  which  was  graduated  in  1875.  The  year 
succeeding  his  graduation  he  opened  an  office  in  Waukesha,  where  he 
has  since  been  in  practice  alone.  In  1876  he  published  the  Voters' 
Hand-Book. 

THIRD    (  IkLUn. 

Charles  Barber,  Oshkosh,  was  born  at  Burlington,  Vermont,  Sep- 
tember 21,  1 85 1.  He  was  the  son  of  Dr.  A.  P.  and  K.  E.  Barber,  who 
afterward  emigrated  to  the  west  and  located  at  Oshkosh,  Wisconsin.  It 
was  there  where  Charles  received  his  school  education,  graduating  from 
the  high  school  of  that  town  in  1868. 

He  commenced  the  study  of  law  with  E.  P.  Finch,  Oshkosh  ;  after- 
ward went  to  Columbia  law  school.  New  York,  and  graduated  from 
that  institution  in  May,  1874.  The  same  year  he  entered  as  a  partner 
in  the  office  of  his  former  teacher,  E.  P.  Finch,  and  the  connection 
still  continues.  During  that  year  he  was  appointed  inspector  of  the 
Oshkosh  High  School. 

Henry  Bailey,  Oshkosh,  the  son  of  John  Bailey,  was  born  at  Par- 
sonsfield,  York  county,  Maine,  October  18,  1842.  He  availed  himself  of 
such  educational  advantages  as  the  town  of  Effingham,  New  Hampshire, 
afforded.  His  preparation  for  the  legal  profession  was  completed  at  the 
office  of  Moses  Hooper,  Oshkosh,  in  1866  ;  was  admitted  to  the  bar  at 
Oshkosh,  which  city  has  ever  since  continued  to  be  his  home,  and  where  he 
has  adhered  faithfully  to  his  work  as  a  lawyer.  On  the  breaking  out  of 
the  war  Mr.  Bailey  was  filled  with  popular  enthusiasm  of  the  time 
and  entered  the  army  as  captain  of  Fifty-first  Wisconsin  infantry. 

Chester  D.  Cleveland,  Oshkosh,  was  born  at  Winchester,  Connecti- 
cut, October  22,  1839,  and  is  the  son  of  Rufus  and  Sarah  Cleveland. 

The  young  man,  after  pursuing  the  usual  course  at  the  common 
school,  was  sent  to  Williston  Seminary  to  prepare  for  college.  After 
graduating  from  Williston  Seminary  he  commenced  the  study  of  law  with 
Elisha  Johnson,  of  Hartford,  Connecticut,  where  he  remained  until  the 
breaking  out  of  the  war  in  1861,  when  he  entered  the  army.  After  the 
close  of  the  war  he  was  admitted  to  the  bar  at  Litchfield,  Connecticut, 


2G8  THE    BENCH    AND    BAR    OF    WISCONSIN. 

in  1865.  He  then  entered  the  Yale  law  school  from  whence  he  gradu- 
ated, in  1866,  and  during  the  fall  of  that  year  took  up  his  residence 
at  Oshkosh,  and  from  that  time  until  the  present  has  continued  in  the 
practice  of  his  ])rofession. 

Mr.  Cleveland  participated  in  the  war  of  the  rebellion,  entering  as  a 
private  and  working  his  way  up  through  the  several  grades  until  he  was 
appointed  to  the  lieutenant-colonelcy  of  the  Second  Connecticut  artil- 
lery. He  was  present  at  the  battles  of  Bull  Run  and  Appomattox,  and 
was  in  many  battles  during  the  memorable  struggle  for  the  maintenance 
of  the  Union. 

A.  E.  DuNLAP,  Berlin,  was  born  September  14,  1847,  at  Oswego, 
New  York.  He  came  to  Wisconsin  in  1852,  and  lived  for  thirteen  years 
on  a  farm  in  Washara  county.  In  the  winter  of  1865  Mr.  Dunlap,  then 
only  seventeen  years  of  age,  enlisted  in  the  Forty-seventh  regiment  and 
was  mustered  out  in  the  following  September.  In  1866  he  commenced  a 
course  of  study  at  Oberlin  College,  Ohio,  continuing  there  for  some  years. 
He  returned  to  Wisconsin  in  1877,  and  went  into  the  office  of  Warren 
&  Ryan,  Berlin,  as  a  law  student.  He  was  admitted  to  the  bar  January 
18,  1879,  and  subsequently  formed  a  partnership  with  D.  Junor. 

Mengo  Hall  Eaton,  Oshkosh,  a  native  of  Oshkosh,  was  born 
February  3,  1851.  His  parents  were  Jefferson  and  Jane  M.  Eaton, 
who  are  owners  of  a  beautiful  farm  near  the  city  of  Oshkosh,  where 
the  subject  of  our  sketch  passed  his  life  until  his  nineteenth  year, 
when  he  was  sent  to  Ripon  College  for  the  purpose  of  receiving  a 
more  liberal  education  than  could  be  acquired  in  rural  districts. 
He  afterward  took  an  academical  course  at  Lawrence  University, 
Appleton.  He  commenced  the  study  of  law  in  the  office  of  Finch 
&  P'elker,  and  completed  the  same  while  in  the  office  of  Jackson  & 
Halsey,  and  on  December  16,  1873,  was  admitted  to  the  bar,  and 
commenced  the  practice  of  law  at  Oshkosh.  Mr.  Eaton  is  a  repub- 
lican in  politics,  and  a  ready  stump  speaker.  During  the  years  of 
1879,  1880  and  1881  he  has  held  the  office  of  city  attorney  of  Oshkosh, 
and  has  performed  the  duties  of  the  office  in  such  a  manner  as  has 
given  satisfaction  to  his  constituents  and  credit  to  himself. 


Cif. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  269 

Charles  W.  Felker,  Oshkosh,  was  born  in  the  State  of  New  York, 
November  25,  1834,  came  to  Wisconsin  with  his  parents,  Andrew  and 
Maria  Pixlcy  Felker,  in  the  spring  of  1847,  and  settled  in  Winnebago 
county,  where  he  has  continued  to  reside  until  the  present  time.  Mr. 
Felker  is  a  lawyer,  and  in  politics  a  democrat.  He  resides  at  the  city 
of  Oshkosh,  Wisconsin. 

Earl  Pierce  Finch,  Oshkosh,  was  born  at  Jay,  Essex  county,  New 
York,  October  27,  1828.  He  acquired,  at  Union  College,  New  York, 
as  thorough  an  education  as  the  advantages  of  that  period  would  allow. 
After  graduation  he  fell  into  the  tide  of  emigration  which  was  then 
sweeping  westward,  and  coming  to  Oshkosh,  Wisconsin,  he  entered  as  a 
student,  the  law  office  of  Judge  Edwin  Wheeler.  In  the  year  1859  he 
had  completed  his  law  studies,  and  in  the  same  year  was  admitted  to 
the  bar.  He  immediately  entered  on  the  practice  of  his  profession,  at 
Oshkosh,  and  has  ever  since  continued  to  be  one  of  the  most  success- 
ful lawyers  of  that  section  of  the  state. 

James  Freeman,  Oshkosh,  was  born  in  Cleveland,  Ohio,  March  19, 
1827,  and  was  educated  in  the  University  in  Ohio.  He  read  law 
with  Samuel  Stevenson,  at  Cleveland  and  was  admitted  to  the  bar 
by  the  supreme  court  of  Ohio  at  Columbus,  December  4,  1850.  He 
practiced  one  year  in  Cleveland,  and  then  removed  to  Muskegon, 
Illinois;  practiced  two  years  in  Muskegon  and  Chicago,  and  came  to 
Oshkosh  in  December,  1854,  and  engaged  in  practice,  which  he  con- 
tinued until  1862,  when  he  raised  a  company  for  the  war,  was  assigned 
to  the  Thirty-second  regiment,  and  went  to  the  front  and  served  with 
gallantry  and  distinction  to  the  close  of  the  war,  returning  to  Oshkosh 
in  July,  1865,  when  he  resumed  practice,  and  has  continued  to  the 
present  time. 

George  Gary,  Oshkosh,  was  born  March  16,  1824,  at  Potsdam, 
St.  Lawrence  county.  New  York.  From  early  childhood  he  was  afflicted 
with  a  disease  of  the  eyes,  from  which  he  has  suffered  during  his  life- 
time, causing  a  constant  inflammation,  and  during  the  whole  period  of 
hb  childhood  and  youth  rendering  any  continuous  application  to  study 
or  any  pursuit  impracticable.  He  received  such  education  in  the  com- 
mon English  branches  as  could  be  acc^uired  by  a  very  irregular  attend- 
ance at  the  common  schools  of  that  period  and  at  two  or  three  terms  of 


55?()  THE    BENCH    AND    BAR    OF    WISCONSIN. 

an  academy  at  Keenville,  New  York.  At  the  age  of  twenty-one  he 
embarked  on  a  whaling  voyage  to  the  Pacific  Ocean  After  an  absence 
of  something  more  that  two  years  he  returned  home  in  the  fall  of  1847 
with  eyes  considerably  improved.  After  two  years  spent  in  teaching  a 
country  school  and  miscellaneous  pursuits,  in  the  spring  of  1850,  after  a 
surgical  operation  by  which  his  eyes  were  further  improved,  he  emigrated 
to  Wisconsin  and  located  at  the  city,  then  village,  of  Oshkosh,  where  he 
spent  several  years  as  clerk  in  a  forwarding  and  transportation  business. 
He  was  elected  and  served  as  a  member  of  the  legislature  in  the  sessions 
of  1854  and  1855,  and  served  as  speaker  pro  tempore  (which  was  then  an 
office  for  the  session)  in  1855.  In  1857  he  was  elected  clerk  of  the  court 
of  Winnebago  county,  to  fill  a  vacancy,  and  was  reelected  and  retained 
the  position  till  January  i,  1861.  Having  read  law  during  his  service  as 
clerk  and  before,  he  was  admitted  to  the  bar  in  April,  1861.  In  1862, 
upon  the  passage  of  the  internal  revenue  law,  he  was  appointed  assessor 
for  the  then  fifth  district  of  Wisconsin,  comprising  thirteen  counties, 
which  position  he  resigned  in  the  spring  of  1865 ;  was  state  senator  in 
1867,  and  resigned  after  one  year  to  take  the  position  of  register  in 
bankruptcy,  which  he  also  resigned  in  1869  to  take  the  office  of  county 
judge,  which  he  has  held  from  January  i,  1870,  to  March,  1882,  when 
he  resigned  on  account  of  insufficiency  of  salary.  Judge  Gary  has  had 
some  experience  as  an  editor  of  newspapers,  and  is  the  author  of  Gary's 
Probate  Law. 

H.  B.  Harshaw,  Oshkosh,  was  born  in  Argyle,  Washington  county. 
New  York,  June  13,  1842,  came  to  Wisconsin  in  185 1,  and  to  Osh- 
kosh, where  he  received  his  education  and  has  since  resided.  At  the 
first  call  for  troops  for  the  late  war.  Colonel  Harshaw  enlisted  April  18, 
1 86 1,  in  company  C,  second  regiment,  Wisconsin  infantry,  rose  to  the 
rank  of  colonel,  lost  an  arm  while  on  duty,  and  was  mustered  out  June 
28,  1864,  by  reason  of  expiration  of  term  of  service.  In  the  fall  of  1864 
he  was  elected  clerk  of  the  circuit  court  of  Winnebago  county,  and 
served  in  that  capacity  until  January  i,  1878,  when  he  resigned  the 
office.  In  1875  he  was  admitted  to  the  bar,  and  in  January,  1879, 
formed  a  copartnership  with  A.  W.  Weisbrod,  and  they  are  together 
practicing  in  Oshkosh,  the  firm  being  Weisbrod  &  Harshaw.  Colonel 
Harshaw  was  appointed  postmaster  at  Oshkosh  in  1878,  and  is  now 
holding  the  office. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  27\ 

Emmett  Reuben  Hicks,  Oshkosh.  The  subject  of  this  sketch, 
now  a  practicing  lawyer  at  Oshkosh,  was  born  at  Waukau,  Winnebago 
county,  Wisconsin,  March  7,  1854,  of  R.  P.  and  Sophia  B.  Hicks.  He 
is  a  fs^adiiate  of  the  academic  and  hiw  departments  of  the  State  Univer- 
sity of  Wisconsin,  the  former  course  having  been  completed  in  1876,  the 
latter  in  1880.  He  also  received  the  degree  of  master  of  arts  from  the 
same  institution  in  June,  1880.  Mr.  Hicks  further  prepared  himself  for 
the  legal  profession  in  the  offices  of  E\\  Hooker,  Waupun,  and  J.  H. 
Carpenter,  Madison.  In  June,  1880,  he  was  admitted  to  practice  in  the 
state  and  United  States  courts,  and  at  once  opened  a  law  office  in  Oshkosh, 
and  without  the  aid  of  a  partner  is  steadily  acquiring  a  satisfactory 
practice. 

Hem  AN  B.  Jackson,  Oshkosh,  is  a  native  of  Naperville,  Illinois, 
which  place  at  the  time  of  his  birth  consisted  of  a  handful  of  huts,  and 
was  a  mere  settlement  among  the  savages,  who  then  roamed  through 
that  country.  H.  B.  Jackson  was  born  on  July  24,  1837,  and  is  the  son 
of  William  and  Lucy  Babbitt  Jackson.  He  was  educated  in  the  semi- 
naries at  Warrenville  and  Klgin,  Illinois,  and  later  he  attended  the 
Western  Reserve  College  at  Hiram,  Ohio.  He  states,  with  pride,  that 
he  succeeded  in  attending  college  by  means  of  his  own  |)ersonal  efforts, 
and  the  practice  of  the  most  rigid  economy.  While  at  college  he 
boarded  himself  at  an  expense  not  exceeding  seventy-five  cents  per 
week.  At  the  close  of  his  studies  there  he  engaged  in  teaching  two 
terms  of  district  school,  and  then  began  the  study  of  law  with  Joslin 
and  Clifford,  at  Elgin,  Illinois. 

At  the  early  age  of  twenty  years  he  was  admitted  to  the  Illinois  bar, 
in  1857.  Going  from  Elgin  to  Crystal  Lake,  Illinois,  he  first  hung  out 
his  shingle  there.  That  field  proving  too  limited  for  his  youthful  aspi- 
rations, he  removed  in  the  spring  of  1859  to  his  present  home  in  Osh- 
kosh, and  entered  upon  a  practice  of  his  profession,  which  has  since 
become  large  and  remunerative.  The  firm  of  Jackson  cV  Halsey  was 
formed  in  1865,  and  that  of  Jackson  &  Thomjison  in  1880,  Mr.  Halsey 
going  out  and  A.  E.  Thompson  coming  in.  Mr.  Jackson  was  admitted 
to  practice  in  all  the  courts  of  record  in  Illinois,  while  a  resident  of  that 
state.  In  1863  his  practice  first  called  him  to  the  bar  of  the  supreme 
court  of  Wisconsin,  and  in  the  same  year  he  was  admitted  to  the  United 

States  circuit  and  district   courts.     A   reference  tp  the  court   reports 

16 


'lli'i  rHK    HKNl'H    AND    WAR    OV    WISCONSIN. 

shows  that  in  a  larj^c  majority  of  his  cases  he  has  been  successful.  He 
is  an  ardent  and  earnest  advocate,  and  zealously  makes  his  client*s  cause 
his  own.  At  the  opening  of  the  war  he  was  deeply  interested  in  the 
Union  cause,  and  prompted  by  his  patriotic  nature  he  was  among  the 
very  first  to  enlist  for  the  war,  which  was  on  April  21,  186 1,  at  Oshkosh, 
and  entered  the  army  as  second  lieutenant  of  Company  E,  Second  regi- 
ment Wisconsin  volunteer  infantry.  Afterward  he  was  promoted  to  a 
position  on  the  staff  of  General  W.  T.  Sherman.  He  acted  in  the  capacity 
of  staff-oflficer  at  the  battle  of  Hull  Run,  and  continued  on  General 
Sherman's  staff  until,  on  account  of  a  serious  and  permanent  injury,  he 
was  compelled  to  t|uii  the  service  during  the  same  year.  This  was  the 
more  regretted  for  the  reason  that  subsequent  events  of  the  war  placed 
his  chief  on  the  very  pinnacle  of  military  fame.  Nothing  remained  for 
him  on  leaving  the  army  but  to  resume  his  legal  practice,  which  he  did 
at  the  same  place  from  which  he  entered  the  military  service.  He  was 
twice  elected  city  attorney  of  Oshkosh.  In  1864  he  became  district 
attorney,  and  was  reelected  to  that  office  in  1868.  In  1875  he  was  nomi- 
nated by  the  republican  party  of  his  district  as  its  candidate  for  mem- 
ber of  the  state  legislature,  but  through  local  causes,  was  defeated. 

Previous  to  the  great  fire  of  Oshkosh  in  1875,  he  had  erected  several 
large  blocks,  which,  together  with  millions  of  property  of  his  neigh- 
bors, were  destroyed.  He  has  ever  kept  foremost  among  those  who 
bought  to  promote  the  public  good  by  supplying  public  libraries,  estab- 
lishing lecture  courses  and  in  other  ways.  Mr.  Jackson  was  married  on 
June  14,  1862,  to  Miss  -Annett  I..  Harwood,  by  whom  he  has  three 
daughters. 

David  Jlnor,  Berlin,  was  born  at  London,  Canada,  July  20,  1842. 
He  received  an  excellent  education  at  the  Toronto  University,  and  gradu* 
ated  in  1866  from  that  institution,  from  which  also  he  received  the 
degree  of  Master  of  Arts  in  1868.  He  studied  law  at  St.  Mary's,  and 
was  admitted  to  the  bar  at  Toronto  in  1869.  He  practiced  for  three 
years  at  St.  Mary's,  in  parlnershij*  with  J.  E.  Harding,  the  same  lawyer 
with  whom  he  had  tonnerlv  studied.  He  came  to  the  United  States  in 
1872,  and  purchased  the  Berlin  Courant,  one  of  the  oldest  papers  in  the 
State  of  Wisconsin,  published  at  r»erlin,  Wisconsin,  and  in  the  following 
year  was  admitted  to  the  bar.  I  )uring  the  two  years  after  his  admission  he 
was  i)rinripal  of  the  Berlin  High  School,  and  from  1877  to  1879  occupied 


THE    HENCH    AND    BAR    OF    WISCONSIN.  '^73 

the  same  position  in  the  city  of  Sanganio,  Michigan.  In  1879  ^^  ^^~ 
turned  to  Berlin,  and  resumed  the  publication  of  the  Courant.  At  the 
same  time  he  began  the  practice  of  law,  in  partnership  with  A.  E.  Dun- 
lap,  which  partnership  was  dissolved  in  1880,  when  Mr.  Dunlap  was 
elected  clerk  of  circuit  court  for  Green  Lake  county. 

James  C.  Kerwin,  Neenah,  was  born  in  the  town  of  Menasha,  Wis- 
consin, May  4,  1850,  his  parents  being  Michael  and  Mary  Kerwin.  He 
lived  at  Menasha  during  the  early  part  of  his  life,  worked  on  his  father's 
farm,  attended  the  high  school  of  that  place  from  which  he  graduated 
from  a  regular  course,  and  his  education  was  finally  completed  at  the 
State  University.  He  studied  law  with  A.  L.  Collins,  Menasha,  and 
graduated  at  the  law  school  of  the  university.  Previously  admitted  to  the 
bar  at  the  circuit  court  of  Dane  county,  he  was  admitted  to  the  supreme 
court  in  1875,  and  to  the  United  States  district  court  by  Judge  Charles 
E.  Dyer,  July  10,  1878,  at  the  Oshkosh  term  of  that  year.  Since  his 
admission  he  has  applied  himself,  with  unremitted  energy,  to  the  prac- 
tice of  his  profession  at  Neenah,  having  no  partner. 

P.  V.  Lawson,  Menasha,  though  not  a  native  of  Wisconsin,  became 
one  of  its  inhabitants  during  his  early  life,  and  acijuired  in  this  state  the 
greater  part  of  his  education.  He  is  the  son  of  P.  V.  and  Elizabeth 
I^awson,  and  was  born  in  Corning,  New  York,  November  i,  1853.  As 
has  been  said  he  received  his  education  in  Wisconsin,  being  a  graduate 
of  the  literary  and  law  departments  of  the  State  University,  and  he  also 
read  law  at  Madison,  with  William  F.  Vilas.  On  July  10,  1877,  he  was 
admitted  to  practice  in  the  Circuit  courts,  on  August  28,  of  the  same 
year,  to  the  supreme  court  of  the  state,  and  in  September  following  to 
the  United  States  courts.  He  has  been  settled  in  practice  at  Menasha, 
without  a  partner,  and  has  filled  the  respective  offices  of  supervisor 
in  the  county  board  and   court  commissioner  of  the  third  circuit. 

For  a  lawyer  so  young  in  years  and  practice  Mr.  Lawson  has  an  un- 
commonly large  law  library,  to  which  he  is  constantly  adding  rare 
and  valuable  works,  and  is  starting  out  in  his  profession  under  the 
roost  favorable  auspices.  Settling  down,  as  he  has,  at  the  place  of  his 
early  home,  is  evidence  that  those  who  have  known  him  always  can 
be  relied  upon  to  entrust  to  him  their  legal  business,  and  it  is  safe 
CO  say  his  practice  so  far  has  been  satisfactory  and  is  increasing. 


274:  THK    HKNt'H    AND    liAR    OF    WISCONSIN. 

Thomas  Lynch»  Chilton,  was  born  in  Milwaukee  county,  Wiscon- 
sin, November  21,  1844,  was  educated  in  the  public  schools  of  his 
native  place  and  came  to  Chilton  in  1864,  where  he  worked  on  a 
farm  summers  and  taught  school  winters  from  1867  to  187 1,  during 
which  time  he  was  chairman  of  the  town,  and  one  year  chairnaan 
of  the  county  board.  In  1872  he  was  elected  a  member  of  the 
assembly  of  the  state  legislature,  and,  while  a  member,  commenced  the 
study  of  law  with  J.  C.  Mc Mullen  and  graduated  at  the  law  school 
of  the  State  University  in  the  class  of  1875.  ^^  being  admitted  to 
the  bar  by  the  supreme  court  he  commenced  practice  at  Chilton  with 
J.  C.  McMullen  which  connection  continued  until  January,  1878, 
since  which  time  he  has  been  alone  in  business.  In  1878  Mr.  Lynch 
was  elected  district  attorney,  reelected  in  1880,  and  is  now  holding 
the  office. 

James  H.  Merrill,  Oshkosh,  was  born  at  Batavia,  Genesee  county, 
New  York,  February  9,  1S46.  His  father,  James  D.  Merrill,  was  a  lead- 
ing lawyer  at  that  place.  In  1849  Mr.  MerrilPs  father  removed  to 
Milwaukee,  where,  in  1850,  he  was  appointed,  by  his  life-long  friend 
President  Fillmore,  postmaster.  The  subject  of  this  sketch,  in  1863, 
entered  the  United  States  navy,  serving  on  the  U.  S.  S.  Eastport,  of 
the  Mississippi  squadron,  and  participated  in  the  siege  of  Vicksburg, 
and  the  disastrous  Red  river  expedition.  After  serving  his  time  he  was 
discharged  and  returned  home,  and  subsequently  enlisted  in  Company 
B,  of  the  Forty-seventh  Wisconsin  infantry,  and  remained  in  the  service 
till  the  close  of  the  war,  when  he  commenced  the  study  of  law  in  New 
York  city,  and  was  admitted  to  the  bar  at  Elkhorn,  this  state,  Septem- 
ber 22,  1S68,  by  Judge  Lyon,  then  the  circuit  judge  of  the  first  circuit, 
and  now  on  the  supreme  bench.  In  1869  Mr.  Merrill  entered  upon 
practice  at  Winneconne  where  he  remained  nearly  seven  years,  during 
which  time  he  was  repeatedly  elected  president  of  the  town  board,  and 
president  of  the  village  of  Winneconne.  In  1875  he  removed  to  Oshkosh, 
where  he  has  since  practiced,  having  served  the  city  two  years  as  city 
attorney. 

William  Fra/er  McArtiiur,  Neenah,  was  bom  at  Cornwall, 
Ontario,  April  17,  1S52.  Mc  was  educated  at  the  schools  of  Cornwall 
and  Montreal ;  pursued  his  legal  studies  in  the  offices  of  Burke  &  Kil- 


THE    BKNCH    ANU    BAR    OF    WISCONSIN.  'Zti) 

bourn,  Malone,  New  York,  and  J.  C.  Kerwin,  Necnah,  Wisconsin,  and 
also  in  the  law  school  of  the  State  University  in  the  classes  of  1876  and 
1877.  He  was  admitted  to  practice  at  Oshkosh,  September  24,  1877 
when  he  settled  at  Neenah,  and  has  ke()t  a  law  office  in  that  city  since 
that  time. 

John  McDonnell,  Oshkosh,  was  born  in  the  town  of  Vinland, 
Winnebago  county,  Wisconsin,  November  25,  1857.  We  received  a 
common  school  education.  Early  in  life  he  decided  u|)on  following  the 
profession  of  law,  and  entered,  as  a  student,  in  a  law  ofhce  at  Oshkosh. 
He  was  admitted  to  the  bar  in  the  circuit  court  of  Wisconsin  in  the 
year  1880,  and  is  now  practicing  his  profession  in  the  city  of  Oshkosh. 

A.  A.  Nugent,  Chilton,  was  born  in  Canada,  May  12,  1848,  and  came 
to  the  United  States  when  three  years  old,  remaining  in  Michigan  three 
years  and  from  whence  he  came  to  Wisconsin  in  1854.  His  education  was 
acquired  in  this  state,  completing  it  at  Lawrence  University. 

Having  entered  upon  the  study  of  law  with  McMullen  &  Lynch  at 
Chilton,  he  attended  the  lectures  of  the  State  University  Law  School 
two  winters;  was  admitted  to  the  bar  at  Chilton  at  the  spring  term 
of  the  circuit  court  in  1877,  and  has  been  in  practice  alone  at  the 
same  place  till  now. 

Mr.  Nugent  went  into  the  army  in  January,  1864,  served  as  a 
private  one  and  a  half  years,  and  lost  his  right  arm  at  the  battle  of 
Rcntonville,  North  C*arolina,  in  March,   1865. 

Oscar  F.  Silver,  Berlin,  was  born  in  Caledonia  county,  Vermont, 
March  29,  1834,  but  grew  up  in  Monti>elier.  His  father  was  Isaac 
Silver  and  his  mother  Svnthia  Austin  Silver.  Mr.  Silver's  education 
was  completed  at  the  State  University  of  Vermont,  studied  law  with 
Lucius  B.  Peck  at  Montpelier,  was  admitted  to  the  bar  of  the  county 
court  May  4,  1847,  and  to  the  supreme  court  of  Vermont  April  9, 
1850.  In  November,  1850,  he  came  to  Berlin,  where  he  has  con- 
tinued in  the  practice  of  law  to  the  present  time,  excepting  when 
he  was  in  the  volunteer  military  service  in  the  war  of  the  rebellion, 
serving  as  first  lieutenant  of  company  A,  Sixteenth  Wisconsin  regi- 
ment. Becoming  unfit  for  active  duty  while  in  the  t'lehi.  Lieutenant 
*iiWer  was  compelled  to  resign  his  commission  and  return  home,  when 


'iH^'t  THE    BENCH    AND    BAR    OF    WISCONSIN. 

he  resumed  the  practice  of  his  profession  as  soon  as  recovery  enabled 
him  to  do  so.  For  twenty-five  years  he  has  filled  the  office  of  justice  of 
the  peace,  and  has  been  alderman  and  mayor  of  the  city  of  Berlin,  dis- 
trict attorney  and  court  commissioner.  In  1855  Mr.  Silver  married 
Miss  Julia  Kimball,  a  native  of  Maine,  and  they  have  four  children. 

John  Calvin  Truesdell,  Berlin,  was  born  in  Liberty  township, 
Susquehanna  county,  Pennsylvania,  January  11,  1825,  and  is  the  eldest 
son  of  S.  W.  and  L.  U.  Truesdell.  His  education  was  completed  by  a 
two  years'  course  at  Hartford  University,  Pennsylvania,  after  which  he 
entered  the  law  office  of  Little  &  Streeter,  at  Montrose,  Pennsylvania, 
and  graduated  as  a  law  student  at  the  age  of  twenty-three  years.  In 
1848  he  was  admitted  to  the  bar  at  Montrose,  and  the  same  year  came 
West  and  opened  an  office  at  Fond  du  Lac  in  connection  with  O.  B. 
Tyler,  and  both  were  admitted  to  practice  in  this  state  in  1850.  Mr. 
Truesdell  subsequently  became  a  partner  of  J.  M.  Gillett.  In  1858  he 
moved  to  Berlin,  and  soon  after  formed  a  partnership  with  Eleazer  Root, 
and  later  with  G.  I).  Waring,  under  the  name  of  Truesdell  ^'  Waring. 
In  1845  he  had  an  office  in  St.  Louis;  and  for  two  or  three  years  pur- 
sued his  law  business  at  Princeton,  Wisconsin,  since  which  time  he  has 
been  in  practice  in  Berlin. 

Mr.  Truesdell  was  a  candidate  for  attorney- general  of  the  state  in 
185 1,  but  had  the  disadvantage  of  being  on  the  'minority  ticket,  as  was 
the  case  as  candidate  for  the  senate  in  1861,  and  for  the  assembly  at  a 
later  date,  nevertheless  running  well  on  the  ticket.  While  living  at 
Fond  du  Lac  in  1849  he  was  superintendent  of  schools  for  that  city. 
He  was  a  whig  during  the  existence  of  that  party,  and  of  a  later  day  has 
been  a  democrat.  Mr.  Truesdell  is  one  of  the  oldest,  well-known  and 
respected  lawyers  of  Wisconsin. 

Albert  E.  Thompson,  Oshkosh,  was  born  in  the  town  of  Pleasant 
Valley,  now  Princeton,  Wisconsin,  October  28,  1850,  his  parents  being 
John  C.  and  Catherine  NL  Thompson.  Having  completed  his  education 
at  Ripon  College  he  entered  the  office  of  J.  M.  Fish,  at  Princeton,  as  a 
student  at  law  in  April,  1869.  On  the  completion  of  his  law  studies  he 
was  admitted  to  the  bar  at  Dartford  in  June,  1870,  and  immediately 
entered  into  the  practice  of  law  with  Mr.  Fish,  at  Princeton,  which  con- 
nection continued  until  April,   1879,  when   Mr.  Thompson  moved*  to 


_.  ■  J.'  .... .  - 


A.   «, 


THK    liKNCH    AND    HAR    OK    WISCONSIN.  '^Tl 

Oshkosh,  where  he  formed  a  partnership  with  H.  H.  Jackson,  which 
continues  to  the  present  time — 1882.  While  residing  at  Princeton^  he 
was  president  of  that  village  in  1875,  and  from  that  time  until  leaving 
the  place  he  was  a  member  of  the  county  l)oard  of  supervisors,  of  which 
he  was  chairman  during  the  last  two  years  of  his  serving  on  the  board. 

FOURTH    CIRCUIT. 

A.  M.  Ri.AiR,  Fond  du  Lac,  is  of  Scotch  descent,  aud  was  born  in  the 
town   of  Stannard,  Caledonia  county,  \'crmont,  in    April    181 8.       His 
father,  who  was  a  farmer,  gave  him  an  academic  education,  and  in  the 
fall  of  1840  sent  him  to  the  Vermont  University,  where  he  remained  but 
one  year.     He  read  law  at  Lyndon,  Vermont,  with   Thomas   liarllett, 
and  was  admitted  to  the  bar  in   December,  1S43.     l.'pon  his  admission 
he  opened  an  office  at  Hardwick,  Vermont,  and  continued  to  practi(  e 
at  that  place  until    November,    184S,  when   he  removed   to   the   VVe^t 
After  spending  a  few  months  at  Vali)araiso,  Indiana,  in  June,  1849,  he 
located  at   Port  Washington,   Wisconsin.     In   the   fall   of  1852    he  was 
elected  to  the  state  senate  of  Wisconsin,  and  in  1854  was  an  unsuccess- 
ful  candidate   for    circuit    judge    against    C'harles    H.    Larrabee,    who 
^ras  subsequently  a  member  of  congress;  in  the  spring  of  1863  he  re- 
nioved  to  Fond  du   Lac,  where  he  now  resides.     Since  his  admission 
to  the  bar  Mr.  Hlair  has  devoted  himself  with  rare  singleness  of  purpose 
to  his  profession,  in  which  he  has  accpiired  an  enviable  reputation,  and 
has  not  been  denied  a  fair  share  of  its  more  substantial  rewards.     He  is 
'itill  in  the  enjoyment  of  a  large  and  responsible  practice,  to  whic  h   he 
clcvoles  the  energies  of  a  vigorous  and  mature  mind,  and  the  resources 
of  his  long  experience  and  excellent  judgment. 

Mas<^)N   Bravman,  Ripon,  was  born  in  Huffalo,  New  ^'ork,  May   23, 
1813,  's  *^^  ^^^  ^^  Daniel  and   Nancy   Knglish   iJrayman,  and  was  edu- 
cated in  the  common  schools  of  Erie  countv,  New  York.     He  learned  the 
trade  of  printer  in  the  office  of  the  Buffalo  Journal.     At  twenty^ears  of 
3ige  he  was  editor  of  the  Buffalo  Bulletin,  at  the  same  time  studying  law 
with  Sheldon  Smith,  and  was  admitteil  tr)the  bar  at  Buffalo  in  1836.    The 
same  year  he  married  Miss  Mary  Williams,  of  CMiatauqua  county.     He 
practiced  law  in  partnership  with  Benoni  Thompson,  removed  to  Monroe, 
Michigan,  in  1837,  was  editor  of  the  Monroe  Times  while  practicing  law 
in  connection  with  J.  Q.  Adams.     Thence  he  went  to  Louisville,  K.en- 


d^.'^i^. 


278  J  HI.    BENCH    AND    BAR    OF    WISCONSIN. 

tucky,  where  he  was  editor  of  the  Louisville  Advertiser  till  1842,  when 
he  became  a  resident  of  Springfield,  Illinois,  practicing  law  in  that  city 
with  Jesse  B.  Thomas.     In   1844  and  1845  he  revised  the  laws  of  Illi- 
nois, under  appointment  of  the  governor  and  legislature.     In  185 1  he 
wrote  the  charter  of  the  Illinois  Central  Railroad  Company,  and  was 
attorney  of  that  corporation  until  the  completion  of  the  road  in  1855. 
After  practicing  law  a  few  months  in  Chicago  with  John  Baker  he  look 
charge  of  the  land  department  of  a  line  of  railroad  through  Missouri 
and  Arkansas  from  (^airo  to  Texas,  and  afterward,  as  president  of  the 
two  companies,  commenced  the  work  of  construction,  which  was  sud- 
denly arrested  by  the  coming  on  of  the  war  of  1861.     He  then  entered 
the  volunteer  service  as  major  of  the  Twenty-ninth  Illinois  infantry  in 
August,  1 861,  and  was  detailed  for  duty  as  assistant  adjutant-general 
and  chief  of  staff  of  Brigadier- Cieneral,  afterward  Major-General,  Mc- 
Clernand,  commanding  part  of  the  forces  of  General  (jrant.     He  par- 
ticipated in  the  battles  of  Belmont,  Fort   Henry,  Fort  Donelson,  Pitts- 
burgh   Landing,  Corinth,  Jackson  and  Bolivar,  escaping  personal  injury, 
but   having  a  horse  wounded  at  Belmont,  and  another  at   Pittsburgh 
Landing.     Though  entering  the  army  without  military  experience,  his 
courage  and  skill  were  such  as  to  receive  special  notice  in  general  orders 
and  reports  of  battles,  especially  at  Pittsburgh  Landing,  where,  at  a  criti- 
cal moment  during  the  first  and  disastrous  day  of  fighting,  he  held  a  fal- 
tering  line    to   its  work   by  carrying  a  regimental  flag  in  their  front, 
exposed  to  the  fire  gf  both  armies.     After  this   battle    he   was   made 
colonel  of  his  regiment,  and  on  September  24  following  was  appointed 
by  President  Lincoln  a  brigadier-general.     He  commanded  until  June, 
1863,  at  Bolivar,  Tennessee,  also  until  February,  1864,  at  Camp  Denni- 
son,  Ohio,  reorganizing  some  seventy  Ohio  regiments,  then  at  Cairo 
during  the  raids  of  Forest  into  western  Kentucky,  then  was  ordered  to 
Memphis  as  president  of  a  court  of  intjuiry  into  the  Sturgis  disaster  at 
Ountown.     From  July,  1864,10  the  spring  of  1865  he  commanded  at 
Natchez,  his  district  comprising  lower  Mississippi  and  Louisiana  north  of 
Red  River.     In   March,  1865,  he  was  ordered  to  New  Orleans,  and  for 
three  months  served  as  president  of  a  commission  for  examining  claims 
against  the  government,  and  succeeded  in  exposing  and  defeating  enor- 
mous frauds.    His  reports  of  one  hundred  cases  were  recorded  in  books, 
which  have  since  enabled  the  court  of  claims  at  Washington  to  protect 
the  treasury  against  many  of  the  same  fraudulent  demands  which  often 


THE    BENCH     AND    BAR    OK    WISCONSIN.  ^i'ti) 

[ 

come  there  reinforced  by.  additional  false  testimony.  On  being  mus- 
tered out  of  service  at  the  close  o(  the  war,  he  was  commissioned  brevet 
major-general. 

Several  years  were  spent  after  the  war  in  reviving  his  railroad  enter- 
prises in  Missouri  and  Arkansas.  In  1873  he  removed  his  residence  to 
Wisconsin.  In  1876  he  was  appointed  by  President  Grant  governor  of 
the  territory  of  Idaho,  his  most  consi)icuous  and  useful  service  there 
consisting  in  efforts  to  protect  the  people  against  the  raids  of  Indians, 
and  the  public  treasury  against  organized  plunderers.  At  the  close  of 
his  term  in  1880  he  returned  to  Wisconsin,  and  at  present  resides  in 
Ripon  engaged  in  the  practice  of  the  law. 

James  Coleman,  Fond  du  Lac,  was  born  in  the  county  of  Schoharie, 
state  of  New  York,  June  29,  1836.  His  father  is  the  Reverend  Sey- 
more  Coleman,  of  the  Methodist  denomination,  formerly  of  the  Troy 
conference  of  New  York.  The  son  James  received  an  academic  educa- 
tion, read  law  three  years  in  Troy  and  Albany,  and  graduated  at  the 
Albany  law  school  in  the  spring  of  1856.  He  was  admitted  to  the  bar 
the  same  year,  and  in  1857  commenced  the  practice  of  law  at  Fond  du 
Lac,  where  he  has  continued  to  reside.  Mr.  Coleman  was  elected  dis- 
trict attorney  for  Fond  du  Lac  county  in  i860,  and  was  reelected  in  1862. 
He  has  twice  represented  the  city  in  the  legislature;  was  register  in 
bankruptcy  in  1869,  which  position  he  resigned,  and  was  appointed 
postmaster  the  same  year.  Not  seeking  a  reappointment,  at  the  close  of  his 
term  he  removed  his  law  business  to  Washington,  District  of  Columbia, 
where  he  was  a  partner  of  Mathew  H.  Carpenter,  until  the  death  of  the 
latter  in  1881.  He  still  continues  the  law  business  at  Washington,  his 
family  continuing  to  reside  at  Fond  du  Lac.  In  every  position  in  which 
Mr.  Coleman  has  occu|)ied  he  lias  actpiitted  the  duties  with  fidelity  and 
honor. 

Elihu  Coleman,  Fond  du  Lac,  was  born  in  Oneida,  Brown  county, 
Wisconsin,  May  11,  1841,  and  came  to  Fond  du  Lac  in  1847,  and  has 
since  resided  there.  He  pursued  a  full  classical  course  at  Lawrence 
University,  and  graduated  with  honors  June  28,  1865.  He  entered  the 
military  service  of  the  United  States  in  October  1861,  in  the  First  Wis- 
consin cavalry,  and  was  honorably  discharged  in  1863,  having  held  vari- 
ous positions  of   responsibility  in   the  commissary  and  (juartermaster's 


tat 


.       ^      '    ^'^a      ^^  m.       ' 


280  THK    BENCH    AND    BAR    OF    WISCONSIN. 

departments.  He  was  admitted  to  the  bar  in  1866  at  Fond  du  Lac, 
where  he  has  since  practiced  law.  He  held  the  position  of  register  in 
bankruptcy  from  July  1869,  to  January  1872,  when  he  resigned  the  posi- 
tion to  take  his  seat  as  a  member  of  the  legislature  of  1872.  He  was  a 
member  of  the  joint  committee  on  charitable  and  penal  institutions* 
where  he  introduced  and  succeeded  in  carrying  through  some  impor- 
tant reforms.  As  chairman  of  the  committee  on  federal  relations,  he  was 
the  political  leader  of  the  house  in  the  discussions  of  that  session  that 
preceded  the  presidential  campaign  of  1872.  In  1880  he  was  the  repub- 
lican candidate  for  congress  in  the  fifth  congressional  district,  which  has 
always  been  noted  for  large  democratic  majorities.  He  spoke  nearly 
every  evening  during  the  campaign,  and  not  only  succeeded  in  making 
a  large  reduction  in  the  party  majority,  but  also  ran  largely  ahead  of  his 
ticket.  Mr.  Coleman  is  the  senior  member  of  the  firm  of  Coleman,  Car- 
ter ^'  Kent,  and  is  doing  a  large  and  successful  business.  In  1868  he 
was  married  to  Miss  Lizzie  M.  Hill,  of  Madison,  md   has  four  children. 

(jEORGE  W.  Carter,  Fond  du  Lac,  was  born  in  Erie  county,  Penn- 
sylvania, April  20,  1839.  His  parents  are  Jacob  and  Elizabeth  Carter, 
and  he  is  the  oldest  of  a  large  family.  His  parents  removed  to  Wiscon- 
sin in  1844,  and  settled  in  the  present  town  of  Metomen,  Fond  du  Lac 
county,  in  June  1845,  where  they  still  reside  on  a  good  farm,  and  in 
comfortable  circumstances.  George  W.  worked  at  home  and  helped 
develop  the  farm,  attending  such  schools  as  the  country  afforded  during 
the  winter  seasons,  until  he  commenced  to  teach,  closing  a  term  of  four 
months  in  the  town  of  Ripon,  before  he  was  eighteen  years  of  age,  and 
teaching  several  winters  succeeding  that  time.  He  commenced  an  ir- 
regular course  in  the  State  University  in  the  fall  of  1859,  and  continued 
until  the  beginning  of  the  war  of  the  rebellion.  He  enlisted  April  19, 
1 86 1,  the  day  before  he  was  twenty-two  years  of  age,  and  was  elected 
second  lieutenant  of  Company  B,  Fourth  regiment,  and  commissioned 
by  Governor  Randall  in  May  1861,  and  was  elected  Captain  over  the 
first  lieuienani  by  almost  a  unanimous  vote  of  the  company  December 
4,  1 86 1,  and  commissioned  accordingly.  He  served  with  his  regiment 
without  a  leave  of  absence,  missing  no  duty,  battle  or  skirmish,  to  the 
second  assault  on  Port  Hudson,  June  14,  1863.  In  that  battle  he  was 
seriously  wounded  in  the  right  leg  and  became  a  cripple  for  life.  He 
served  two  years  thereafter  at  Washington,  District  of  Columbia,  and  at 


•  ■■%. 


M 


THE    BENCH    AND    BAR    OF    WISCONSIN.  '281 

Springfield,  Illinois,  on  the  staff  of  General  Halbert  E.  Paine,  General 
John  Cook  and  others,  and  was  discharged  in  July  1866,  having  previ- 
ously been  promoted  to  major  V.  R.  C.  About  this  time  he  declined 
an  unsolicited  appointment  of  second  lieutenant  in  the  regular  army. 

In  the  fall  of  1866  he  was  elected  clerk  of  the  circuit  court  of  Fond 
du  Lac  county,  in  which  office  he  served  four  years,  i)rosecuting  the 
study  of  law  meanwhile,  and  in  January,  1870,  was  admitted  to  practice 
in  the  circuit  courts,  and  later  in  the  supreme  court  of  the  state.  He 
commenced  the  profession  of  law,  and  was  in  practice  at  Fond  du  Lac 
until  he  was  appointed  warden  of  the  state  prison  in  December  1879. 

He  served  one  term  on  Governor  Ludington's  military  staff,  from 
which  his  friends  have  styled  him  colonel,  though  he  prefers  his  army 
title  of  major.  In  1876  he  was  nominated  to  lead  the  forlorn  hope  for 
congress  in  the  fifth  district,  against  General  Bragg,  and  made  a  thorough 
canvass,  speaking  on  the  political  issues  of  the  day  at  several  points  in 
each  county  in  the  district.  He  received  at  the  election  1500  more  votes 
than  had  ever  been  polled  in  the  district  for  a  republican  congressional 
candidate.  In  the  practice  of  law,  while  not  attaining  eminence,  he  has 
given  to  the  duties  untiring  energy  and  to  his  clients  his  best  efforts  and 
most  conscientious  regard  for  their  interests.  In  the  cases  managed  by 
him  alone,  he  has  had,  as  the  records  show,  much  more  than  average 
success,  having  in  fact,  seldom  been  unsuccessful  in  the  circuit  or  su- 
preme court.  He  loves  the  |)rofession  and  practice  of  the  law,  and  but 
for  the  temptation  of  a  better  income  for  the  time  being,  which  the  needs 
of  a  growing  family  seemed  to  require,  he  would  not  even  temporarily 
have  suspended  the  practice  to  take  an  office.  As  warden  of  the  state 
prison  Major  Carter  has  given  unquestioned  satisfaction  to  the  state, 
the  interests  of  the  institution  having  been  economically  and  profitably 
managed,  and  its  entire  management  has  moved  along  everyway  harmo- 
niously and  smoothly. 

Jeremiah  Dobbs,  Ripon,  was  born  at  Saugerties,  Ulster  county. 
New  York,  in  March  1832,  and  is  the  son  of  Jeremiah  and  Mary  Dobbs. 
He  acquired  his  education  at  Williamson,  New  York,  after  which  he 
was  clerk  in  a  general  store  at  Rochester,  New  York,  two  years.  Later 
he  commenced  the  study  of  law  at  Newark ;  came  to  Wisconsin  and 
settled  at  Lake  Mills  in  1849;  was  admitted  to  the  bar  at  Jeffcrsun  in 
1851,  and  engaged  in  practice  at  Lake  Mills.     In  1854  he  removed  to 


.^^ 


2S2  THE    r.ENCH    ANI>    IJAR    OF    WISCONSIN. 

Ripon,  and  established  himself  in  the  legal  practice,  which,  though 
small  at  first,  has  kept  pace  with  the  growth  of  the  thrifty  place,  until 
he  has  become  extensively  known  as  a  prominent  attorney  of  that 
section  of  the  state.  Aside  from  his  law  business  Mr.  Dobbs  has  filled 
offices  of  honor  and  trust.  In  1850  he  was  chosen  district  attorney  of 
Jefferson  county;  was  elected  a  member  of  the  legislature  in  1869,  and 
several  years  was  chairman  of  the  county  board  ;  has  been  chairman  of 
his  ward,  and  was  a  director  in  the  Oshkosh  and  Mississippi  Railroad 
Company.  In  politics  Mr.  Dobbs  has  always  acted  with  the  democratic 
party.  He  is  preeminently  a  self-made  man.  Beginning  life  without 
means,  he  has,  by  untiring  effort  and  marked  social  qualities,  and  strict 
integrity,  made  his  way  step  by  step  to  a  high  place  in  his  profession 
and  society,  and  accumulated  a  handsome  fortune.  On  February  21, 
1854,  he  married'  Miss  Mary  A.  Lampson,  and  they  have  one  son  and 
two  daughters. 

RuFUS  P.  Eaton,  Manitowoc,  was  born  in  New  Hampshire,  Feb- 
ruary 6,  1809.  He  came  to  Wisconsin  in  1838,  settling  first  at  Green 
Bay;  and  remaining  there  two  years,  he  went  to  Stockbridge  and  resided 
in  that  place  a  like  period  of  time.  In  1843  ^^  removed  to  Calumet, 
and  here  it  was  that  he  first  began  the  study  of  law,  which  he  did  with- 
out an  instructor  in  his  own  house,  until  he  was  admitted  to  the  bar  on 
due  examination  in  1846,  at  Fond  du  Lac,  and  to  the  supreme  court  in 
1847.  In  early  life  Mr.  Katon  was  engaged  in  the  mercantile  business, 
and  during  ten  years,  while  at  Cahimei,  he  was  the  proprietor  of  a  public 
house,  thus  becoming  extensively  known  throughout  the  state.  He  com- 
menced the  practice  of  law  at  Fond  du  Lac,  and  continued  it  there 
about  ten  years.  In  1S56  he  moved  to  Appleton,  opened  an  office  and 
practiced  during  five  years.  In  1861  he  returned  to  his  farm  at  Calu- 
met, and  for  the  time  gave  up  the  practice  of  law.  But  in  1864,  grow- 
ing tired  of  farm  life,  he  reentered  law  practice  at  Fond  du  Lac,  con- 
tinuing there  for  about  ten  years.  In  1869  he  settled  at  his  present 
homo,  Manitowoc,  and  on  account  of  his  advanced  age  has  retired  from 
tlie  active  l)u^iness  of  life. 

M.  I).  L.  Fuller,  Plymouth,  was  born  in  New  York,  August  i8» 
1850:  graduated  at  Milton  College,  Wisconsin,  in  1871;  was  engaged  as  a 
teacher  for  several  years  in  the  public  schools  of  Wisconsin;  was  elected 


THE    BENCH    AM)    HAR    OF    WISCONSIN.  2Sll 

county  superintendent  of  schools  for  Sheboygan  county  in  1873;  ^^^s 
admitted  to  the  bar  in  1875,  and  since  then  has  resided  at  Plymouth  in 
the  practice  of  his  profession.  In  the  fall  of  1880  he  was  elected  a 
member  of  the  assembly,  and  at  the  session  of  1881  was  a  member  of 
the  committee  on  the  judiciary,  and  also  that  on  medical  societies. 

H.  W.  Frost,  Waupun,  was  educated  in  the  town  of  Windsor,  Broome 
county,  New  York,  where  he  was  born  March  27,  1842.  It  was  in 
his  native  town  that  in  1872  he  was  admitted  to  the  bar^ having  stud- 
ied law  at  Binghamton  with  William  Merritt.  He  commenced  practice 
at  Greene  in  1868,  and  has  continued  it  to  date.  Coming  to  Wisconsin 
in  September,  1874,  he  settled  the  following  month  at  Waupun,  his 
present  home,  and  entered  into  a  law  partnership  with  J.  W.  Seely. 
He  was  appointed  city  attorney,  in  the  fall  of  1878,10  fill  a  vacancy,  and 
was  elected  to  the  same  office  the  following  spring. 

Sherman  J.  Morse,  Waupun,  was  born  at  Chester,  Wisconsin,  Sep- 
tember 6,  1850;  was  educated  at  Waupun,  studied  law  with  Eli  Hooker 
at  the  same  place;  was  admitted  to  the  bar  June  19,  1877,  and  has  prac- 
ticed his  profession  at  Waupun  three  years.  In  April,  1880,  Mr.  Morse 
was  elected  city  attorney  for  Waupun,  and  is  now  serving  in  that  office. 

L.  J.  Nash,  Manitowoc,  was  born  in  Orleans  county.  New  York,  Janu- 
ary 18,  1845,  and  came  to  Wisconsin,  when  in  his  seventh  year,  with  his 
father's  family,  who  settled  on  Rock  Prairie  in  Rock  county.  His  educa- 
tion was  completed  at  Lawrence  University,  from  which  he  graduated  in 
the  spring  of  1870.  Upon  completing  his  collegiate  course  he  devoted 
two  years  to  teaching  in  the  high  school  of  Manitowoc,  of  which  he  was 
principal.  In  July,  1872,  he  began  studying  law  in  the  office  of  E.  B. 
Treat  in   the  same  city.     In  December,  1872,  he  was  admitted  to  the  \ 

bar,  commenced  practice  with  E.  H.  Treat  in  January,  1874,  in  Mani- 
towoc, has  since  been  in  partnership  with  ().  F.  A.  Cireene,  and  later 
with  A.  J.  Schmidt,  but  is  now  a  member  of  the  firm  of  Nash  <S:  Nash, 
practicing  still  at  Manitowoc.  \ 


C.  K.  Pier,  Fond  du  Lac,  who  is  the  son  of  Edward  Pier,  the 
first  white  man  to  settle  at  the  location  of  Fond  du  Lac  in  1841, 
and  Colwert  K.,  was  one  of  the  first  white  twins  born  in  that  place 


\ 


\£L 


'iSA  THK    BKNCH    AND    BAR    OF    WISCONSIN. 

their  advent  having  been  on  June  7,  1841.  His  early  education  was 
obtained  in  the  public  schools  which  he  attended  winters,  and  working 
on  his  father's  farm  the  other  portions  of  the  year  until  he  was  sixteen 
years  of  age,  when  he  was  sent  to  Lombard  University  at  Galesburg* 
Illinois.  Having  finished  his  college  course,  his  tastes  led  him  to  adopt 
the  practice  of  the  law  for  a  profession.  With  this  end  in  view,  he 
entered  upon  its  study  with  Judge  Robert  Flint,  at  Fond  du  Lac.  While 
thus  assiduously  employed  the  war  of  the  late  rebellion  broke  out,  and  this 
young  man  of  twenty  years  was  the  first  man  to  enroll  his  name  in  that 
city,  enlisting  as  a  private  in  Company  I,  First  regiment  Wisconsin 
Volunteer  infantry,  of  three  months  men.  His  regiment  went  to  the 
front,  and  on  the  expiration  of  his  term  of  service,  Mr.  Pier  returned 
and  entered  the  Albany  law  school.  Upon  the  completion  of  his  course 
of  instruction  at  this  institution  he  came  back  to  Fond  du  Lac,  and 
continued  his  studies  in  the  law  office  of  J.  M.  Gillet  and  W.  D.  Conk- 
lin,  two  leading  lawyers  of  that  city.  The  war  spirit,  however,  soon 
moved  him,  and  he  again  entered  the  army.  Organizing  a  company,  he 
was  elected  its  captain,  and  subsequently  he  organized  nine  other  com- 
panies into  a  regiment,  and  was  chosen  its  colonel  by  election  of  the 
commissioned  officers.  He  was  then  about  twenty-one  years  of  age. 
The  regiment  was  tendered  to  the  government,  but  was  not  accepted,  as 
no  more  troops  were  supi)osed  to  be  needed  at  that  juncture.  Some 
length  of  time  afterward  more  troops  were  called  for,  and  Colonel  Pier 
accepted  the  commission  of  lieutenant-colonel,  tendered  to  him  by  the 
Governor  of  Wisconsin,  and  very  soon  his  regiment  was  reorganized  and 
joined  the  forces  of  (General  Grant,  in  the  Wilderness  and  Richmond 
campaign,  through  which  he  fought,  and  was  promoted  to  colonel.  He 
was  often  detailed  on  court  martial  dutv,  both  in  the  field  and  in  Wash- 
ington  at  the  closing  scenes  of  the  war.  Mustered  out  in  August,  1865, 
Colonel  Pier  returned  home  with  a  high  army  record,  and  having  been 
admitted  to  the  bar,  he  commenced  practice  as  member  of  the  firm  of 
Gillet,  Conklin  &  Pier,  afterward  C.illet  &  Pier,  then  (iillet,  Pier  5:  Bass, 
and  finally  alone  until  1874.  He  then  relinquished  general  practice  to 
become  manager  of  the  savings  bank  at  Fond  du  Lac,  the  business  of 
which  he  has  made  very  successful,  taking  it  safely  through  the  panic  of 
1873,  and  has  been  instrumental  in  promoting  and  sustaining  various 
important  manufacturing  interests  in  that  city.  An  ardent  republican, 
C^olonel  Pier  has  never  sought  political  position,  and  is  not  a  partisan 
worker. 


THK    BENCH    AM)    BAR    OF    WISCONSIN.  '28.*) 

While  the  Soldiers*  Orphans'  Home  was  in  existence  he  was  one  of 
its  board  of  trustees,  and  secretary  and  vice-president  during  a  portion  of 
the  time.  He  was  president  of  the  Wisconsin  Soldiers*  Reunion  Associa- 
tion, and  chiefly  instrumental  in  bringing  about  the  notable  soldiers* 
reunion  at  Milwaukee,  in  June  1880.  For  some  years  he  held  a  con- 
trolling interest  in  the  Fond  du  Lac  Commonwealth  newspaper,  without, 
however,  devoting  his  time  to  its  work.  Colonel  Pier  is  a  ready  and 
accomplished  writer,  and  has  been  a  contributor  to  the  periodicals 
of  the  day.  He  is  widely  known  as  a  first-class  business  man,  and  an 
upright  and  highly  respected  citizen  of  the  state. 

Edmond  L.  Runals,  Ripon,  was  born  December  28,  1826,  near  the 
village  of  Arcade,  Wyoming  county.  New  York.  His  father  was  origi- 
nally from  Concord,  New  Hampshire,  and  his  mother  from  Cavendish, 
Vermont.  The  former  was  a  pioneer  farmer  before  his  marriage,  and 
became  wealthy,  and  the  latter  had  been  a  school  teacher.  Edward  L. 
was  educated  at  three  academies  in  western  New  York,  and  spent  some 
time  in  the  study  of  the  law  with  Judge  Williams  Mitchell,  his  uncle,  of 
Genesee  county.  New  York,  and  in  the  office  of  A.  B.  Hamilton,  at 
Arcade.  Before  he  was  seventeen  years  of  age,  he  came  to  Racine,  in 
the  summer  of  1843,  and  spent  the  season  with  an  uncle  living  there. 
In  1846,  and  before  he  was  twenty  years  of  age,  he  came  to  Ripon. 
Upon  first  coming  west  he  had  no  intention  of  practicing  law,  but  was 
gradually  drawn  into  practice  in  justices*  courts  at  an  early  day,  and 
finally  was  persuaded  to  apply  and  was  admitted  to  the  bar  of  Fond  du 
Lac  county.  Immediately  after  his  admission,  Mr.  Runals  commenced 
practice  in  the  circuit  court.  At  this  time  he  began  the  publication  of 
a  newspaper  at  Ripon,  of  which  he  was  also  the  editor,  and  continued 
it  until  1857,  when  he  sold  out  and  retired  from  the  business.  In  1846 
he  was  elected  to  the  assembly  by  a  larger  majority  than  any  member  of 
that  body;  was  again  elected  in  1847,  and  was  chairman  of  very 
important  committees.  In  1864  he  was  elected  judge  of  the  municipal 
court  of  Ripon.  and  served  in  that  capacity  four  years.  He  aided  in 
the  survey  of  the  line  of  the  Milwaukee  &  Horicon  railroad,  until  he 
accepted  the  p>osition  of  stock  agent  for  the  company,  and  continued  an 
active  canvass  for  the  subscription  to  the  stock  until  the  road  was 
assured. 

During  the  year  1878  he  spent  several    months   traveling  through 


■Li^r'V.  *:^ 


28()  THK    HK.NCH    AND    ItAR    OF    WISCONSIN. 

Europe.  For  many  years  he  has  been  a  successful  dealer  in  real 
estate,  at  the  same  time  engaging,  to  some  extent,  in  amateur  agricul- 
ture. He  has  a  farm  extending  for  a  mile  along  the  southern  shore  of 
Green  Lake,  and  is  improving  and  beautifying  one  hundred  and  seventy- 
five  acres  of  its  wooded  portion,  after  the  manner  of  the  English  parks, 
believing  in  its  profitableness,  both  in  pleasure  and  investment. 

George  E.  Sutherland,  Fond  du  Lac,  was  born  in  Burlington, 
Otsego  county.  New  York,  September  14,  1843,  and  was  the  youngest 
in  the  family.  His  father,  Samuel  Sutherland,  a  farmer,  honest  and 
upright,  but  of  limited  means,  was  the  grandson  of  William  Sutherland, 
who  came  from  Scotland  to  America  on  account  of  political  persecu- 
tions. This  ancestor  was  distinguished  both  for  strength  and  probity 
of  character,  and  he  has  given  to  this  country  of  freedom  a  long  line  of 
descendants  i)ossessing,  in  marked  degree,  the  parental  traits.  Although 
Mr.  Sutherland's  father  gave  him  but  little  material  aid,  and  that  only 
in  his  years  of  childhood,  he  imparted  to  him  a  valuable  inheritance  in 
integrity,  sincerity  of  mind  and  a  love  of  books.  To  this  his  mother 
added  energy,  steadfastness  of  purpose,  and  thoughtfulness,  possessing 
which  one  rarely  neglects  his  duty  to  others  or  his  own  highest  interest. 
The  mother,  a  wise  and  devout  woman,  died  when  George  was  but  six, 
which  left  him  for  several  years  practically  homeless.  Living  around 
with  various  relatives,  he  had  little  chance  for  schooling,  but  being  fond 
of  reading  he  picked  up  a  great  deal  of  valuable  information  of  a  mis- 
cellaneous kind,  and  could  hardly  be  called  an  ignorant  boy,  though  he 
knew  not  a  rule  of  arithmetic.  S|)eeches  were  his  favorite  reading,  and 
even  congressional  reports.  His  fatiier,  a  strong  anti-slavery  and  free- 
soil  man,  early  inspired  in  (rcorge  his  own  sentiments,  and  he  read 
with  avidity  the  speeches  and  writings  of  the  apostles  of  human  free- 
dom. It  was  during  these  years  tliat  he  formed  the  purpose  of  obtaining 
a  college  education,  and  becoming  a  lawyer;  and  it  speaks  everything 
for  his  steadfastness  and  i)ersistence  that  the  purpose  once  formed  was 
never  relinquished. 

When  he  wa-s  eleven,  a  brother  who  was  a  teacher  in  Norwich,  Con- 
necticut, married  and  took  George  with  him,  and  the  discipline  of  school 
began  in  earnest.  His  brother  took  great  pains  with  him,  keeping  him 
at  his  books  early  and  late,  and  in  two  years  George  went  from  the 
foot  to  the  head  of  the  school.     At  the  end  of  that  time  the  brother 


IHK    BKNCH    AND    HAR    OF    WISCONSIN.  287 

moved  to  Wisconsin,  and  found  a  home  at  Waukau,  Winnebago  county, 
where  George  attended  school,  and  worked  on  a  farm  till  he  was  six- 
teen, when  he  launched  off  for  himself.  Going  back  to  New  York  state, 
he  taught  district  school  near  his  old  home  winters,  and  attended  West 
Winfield  Academy  summers,  for  two  years.  This  brought  the  memora- 
ble year  of  1861,  in  the  fall  of  which  year  Mr.  Sutlierland  enlisted.  He 
remained  in  the  army  until  the  close  of  the  war,  with  the  exception  of 
three  months*  furlough,  when  he  took  a  course  of  instruction  in  a 
military  school,  established  during  the  war,  in  Philadelphia.  He  was 
promoted  from  private  to  captain ;  was  once  surrounded  and  taken 
prisoner.  During  the  last  year  he  served  as  member  of  court  martial 
and  military  commission,  which  is  his  first  appearance  in  a  court  of 
law.  As  a  judge  he  inclined  to  temper  the  severities  of  military  law 
with  mercy.  He  was  the  youngest  member  of  the  commission  in  age 
but  not  in  rank.  At  the  close  of  the  war  Mr.  Sutherland  entered  the 
preparatory  department  of  Ripon  College.  After  three  years  in  Ripon 
and  two  in  Amherst  College,  Massacluisetts,  he  graduated  in  1870 
standing  high  in  his  class  among  the  honor  men.  The  summer  follow- 
ing he  studied  law  in  the  office  of  Judge  Willard,  of  Utica,  New  York, 
and  in  the  fall  of  that  year  entered  Columbia  Law  School  in  New  York 
city.  With  his  previous  reading  and  by  hard  study  he  completed  the 
two  years*  course  in  one  year,  reciting  six  hours  a  dav.  He  sustained 
himself  here  creditably,  and  was  highly  commended  by  Professor 
Dwight,  then  at  the  head  of  the  school,  for  his  attainments  and  mental 
qualifications  for  a  lawyer.  In  September,  187 1,  Mr.  Sutherland  was 
admitted  to  the  bar,  and  formed  a  law  partnership  with  Mr.  A.  H.  Hamil- 
ton, of  Ripon.  This  partnershij)  proved  of  great  advantage  to  him  as  a 
training  school.  Mr.  Hamilton  was  an  intelligent  man  and  an  able 
lawyer  with  a  good  practice.  Soon  after  the  partnership  was  formed, 
however,  his  health  failed  to  such  an  extent  that  the  active  duties  of  the 
firm  fell  largely  upon  Mr.  Sutherland,  under  Mr.  Hamilton's  guidance 
and  direction.  Hy  this  he  gained  the  ability  to  transact  legal  business 
correctly  and  with  facility  sooner  than  beginners  are  usually  able  to 
do.  Very  soon  after  commencing  the  practice  of  law,  Mr.  Sutherland 
tried  his  first  case.  Judge  L.  S.  Dixon,  then  chief  justice,  in  his  written 
and  published  opinion  of  a  case,  pays  the  young  lawyer  this  high 
compliment :  **  In  conclusion   we  may  remark   that   it   would    be  doing 

injustice    to     our    own    feelings    not    to    acknowledge    <jur    obligation 
17 


"IHH  THK    BKNCII    AND    HAR    OF    WISCONSIN. 

for  the  assistance  rendered  by  the  very  clear  and  able  argument  made 
at  the  bar  by  the  counsel  for  the  plaintiff." 

For  two  years  of  the  time  that  Mr.  Sutherland  resided  in  Ripen,  he 
was  city  attorney.  In  this  capacity  he  prosecuted  many  liquor  dealers 
under  the  provisions  of  the  law,  known  as  the  Graham  Law.  On  one 
such  trial  the  question  arose  whether  beer  rightly  came  under  the 
statute  prohibiting  the  sale  of  intoxicating  liquors  without  a  license. 
The  New  York  rule,  that  if  the  human  stomach  can  contain  enough  of 
any  liipior  to  intoxi<\ite  a  man  it  is  an  intoxicating  liquor,  was  under 
consideration,  when  the  counsel  for  the  defendant  enunciated  the 
following  lucid  j)roposition  :  "  There  is  no  man  who  contains  a  stom- 
ach conficient  to  sustain  an  intoxicated  beer."  This,  with  the  efiect 
upon  the  open-mouthed  jury,  is  one  of  the  most  interesting  reminis- 
cences of  his  early  practice.  During  the  last  year  of  his  stay  in  Ripon 
Mr.  Sutherland  was  a  member  of  the  county  board  of  supervisors;  an 
industrious  and  efficient  officer.  Mr.  Sutherland  remained  in  Ripon 
three  years,  when  he  accepted  an  invitation  to  a  partnership  extended 
him  by  Judge  David  Taylor,  of  fond  du  Lac.  This  at  once  introduced 
him  into  the  best  class  of  business  done  in  the  northern  part  of  the 
state,  and  also  it  could  not  have  failed  to  be  of  great  advantage  to  him 
to  be  associated  with  a  man  who  has  no  superior  in  the  state  as  a  judge 
of  law.  The  partnership  continued  with  mutual  satisfaction  until  Judge 
Taylor's  election  to  the  supreme  bench,  since  which  time  Mr.  Suther- 
land has  conducted  business  alone,  retaining  the  clients  of  the  firm, 
being  employed  on  one  side  or  the  other  of  most  of  the  important  suits 
brought  in  his  section  of  the  state.  In  the  fall  of  1879  Mr.  Sutherland 
was  elected  to  the  state  senate,  and  took  his  seat  in  January  1880.  He 
was  called  the  most  industrious  man  in  that  body.  He  introduced  many 
bills,  and  framed  many  times  as  many  for  those  less  used  than  he  to 
composition  and  legal  phrase.  He  is  best  known,  however,  as  the 
chairman  of  the  committee  to  investigate  the  Wisconsin  state  hospital 
for  the  insane.  During  the  summer  of  1880  he,  with  Senators  Smith 
and  McGrew,  thoroughly  examined  the  affairs  of  the  institution,  and 
submitted  a  report  of  the  same  to  the  next  legislature.  To  give  some 
idea  of  the  magnitude  of  the  work :  during  the  last  two  weeks  of  the 
investigation  Mr.  Sutherland  personally  examined  over  sixty  witnesses. 
With  the  report  and  with  the  view  of  its  economy  and  efficient  adminis- 
tration, the    committee   submitted    a    recommendation    for  change   of 


v 


THE    BENCH    AND    BAR    OF    WISCONSIN.  289 

government  of  all  the  charitable  and  penal  institutions  in  the  state. 
They  advised  that,  instead  of  an  unpaid  board  for  each  institution  there 
should  be  a  board  of  control  consisting  of  three  persons  with  just  sala- 
ries who  should  have  charge  of  all  the  state  institutions.  Mr.  Suther- 
land formed  this  recommendation  into  a  bill  which  did  not  at  once  meet 
with  favor.  The  evening  upon  which  the  vote  was  taken  Mr.  Suther- 
land was  on  his  feet  for  four  hours,  arguing,  explaining  and  answering 
questions,  at  the  end  of  which  time  the  bill,  slightly  modified,  passed 
in  the  senate  by  a  vote  of  twenty-nine  to  one,  and  afterward  in  the 
assembly  by  sixty-six  to  fifteen.  The  results  have  justified  the  wisdom 
of  the  measure,  and  its  workings  have  been  of  greater  advantage  to  the 
state  than  its  movers  dared  hope. 

It  remains  to  speak  of  Mr.  Sutherland's  methods  and  characteristics 
in  practice.  In  preparing  his  cases  he  is  industrious  and  careful,  but  is 
not  a  "case  lawyer."  He  determines  his  position  by  what  he  considers 
ought  to  be  the  law  applicable,  and  then  looks  up  cases  to  confirm  his 
opinion.  In  pleading  it  is  his  custom  to  present  a  logical  framework 
for  his  case  in  the  nature  of  propositions,  one  following  the  other  and 
leading  up  to  the  next.  He  makes  his  points  clear  and  distinct,  and, 
especially  when  addressing  a  jury,  studies  simplicity  of  statement.  His 
manner  is  characterized  by  earnestness  and  force,  and  he  addresses 
himself  to  the  main  point,  avoiding  immaterial  questions.  He  is  also 
fertile  in  illustration  by  which  to  elucidate  his  position.  He  holds  the 
attention  of  a  jury  closely  by  his  aptness,  stories,  witticisms  and  occa- 
sional sarcasm,  but  has  a  stronger  liking  for  the  clear  logic  of  the  law 
and  the  discussion  of  legal  principles  than  for  the  rough  and  tumble  of 
nisi  prius  trials;  and  he  has  the  rare  gift  of  stopping  when  he  is  through. 

Adolph  J.  ScHMiTZ,  Manitowoc,  was  born  in  Manitowoc  county 
June  8,  1852,  and  his  parents  were  Frederick  and  Johanna  Schmitz. 
He  is  a  graduate  of  the  State  University,  acquired  his  legal  education  in 
the  law  department  of  that  institution ;  was  admitted  to  the  bar  at  Madi- 
son by  the  judges  of  the  supreme  court  in  June,  1875;  has  been  in 
practice  since  that  time  in  Manitowoc,  and  for  a  time  in  partnership 
with  L.  J.  Nash,  but  is  now  alone.  He  was  elected  district  attorney  for 
the  county  of  Manitowoc  in  the  fall  of  1876,  and  reelected  in  1878. 


•2i)0  THK    HKNCH    AND    BAR    OF    WISCONSIN. 

Harvey  (iRiswoLO  Turner,  Manitowoc.  Joseph  and  Mary  Griswold 
Turner  were  the  parents  of  H.  G.  Turner  and  at  the  time  of  his  birth  they 
were  living  at  East  Oswego,  New  York,  the  town  in  which  young  Harvey 
passed  his  boyhood,  and  in  which  he  received  all  the  educational  advan- 
tages that  he  ever  enjoyed.  He  was  born  June  7,  1822,  and  as  soon  as 
it  was  feasible  was  sent  to  the  Oswego  Academy.  His  stay  at  that 
institution  of  learning  was  for  a  brief  time,  as  he  immigrated  at  an  early 
age  from  his  native  town  and  became,  in  the  spring  of  1840,  an  inhabi- 
tant of  the  then  territory  of  Wisconsin.  He  entered  the  law  office  of 
Finch  &  Lynde  in  Milwaukee  when  the  firm  first  organized,  and  applied 
himself  to  the  study  of  the  law.  In  the  year,  1844  he  was  admitted  to 
the  bar,  and  has  since  had  an  extensive  practice,  and  among  others  in 
the  counties  of  Milwaukee,  Washington,  Ozaukee  and  Manitowoc,  as 
also  in  the  supreme  court  of  the  state.  Mr.  Turner  was  a  member  of 
the  second  constitutional  convention,  has  also  been  state  senator,  county 
judge,  district  attorney,  and  has  filled  various  local  offices. 

FIFTH    CIRCUIT. 

Mklancthon  J.  Rriggs,  Dodgeville,  was  born  at  Kalamazoo,  Michi- 
gan, March  31,  1846.  When  but  fifteen  years  of  age  he  enlisted  in  the 
Seventeenth  Wisconsin  volunteers  (Irish  brigade).  He  participated  in 
all  the  battles  in  which  that  regiment  was  engaged  and  for  two  years 
served  as  color  sergeant  of  the  regiment.  For  distinguished  gallantry  at 
Corinth  and  Vicksburgh  he  was  complimented  in  general  orders,  and  at 
the  early  age  of  eighteen  given  a  commission  of  lieutenant,  which  rank 
he  held  at  the  time  he  was  mustered  out  in  January,  1866,  after  a  service 
of  four  vears  and  two  months.  He  read  law  in  the  office  of  Eastland  & 
Eastland,  Richmond  Center,  and  was  admitted  to  practice  in  October, 
1868.  Mr.  Hriggs  located  at  Dodgeville  in  June,  1869,  and  speedily  took 
a  place  in  the  front  rank  among  the  lawyers  of  the  fifth  circuit.  Asa  suc- 
cessful criminal  lawyer  he  stands  preeminent  in  his  county,  and  as  a  jury 
lawyer  he  has  few  ecpials  in  the  entire  circuit.  In  the  fall  of  1880  Mr. 
Briggs  was  elected  to  the  assembly,  and  at  the  session  that  followed  he 
took  a  prominent  part  in  the  deliberations  of  that  body,  and  distinguished 
himself  in  debate.  He  was  a  member  of  the  judiciary  committee,  and 
also  of  the  committee  on  militia,  during  the  session.  He  was  also  a 
member  of  the  select  special  committee  on  railway  taxation. 


THE    BENCH    AND    BAR    OF    WISCONSIN  'VM 

William  E.  Carter,  Platteville,  is  a  native  of  England,  having 
been  born  near  Brighton,  Sussex  county,  November  17,  1833,  ^^^  ^'^s 
self  educated.  Coming  to  this  country  he  became  a  resident  of  Lan- 
caster in  1850,  and  studied  law  with  J.  Allen  Barber  during  the  years  of 
1855  and  1856,  when  he  was  admitted  to  the  bar  at  that  place.  Com- 
mencing practice  at  Lancaster,  he  subsequently  continued  it  at  Platte- 
ville,  to  which  he  removed  in  1861,  and  where  he  still  resides.  His 
partners  in  the  profession  have  been  Stephen  O.  Paine,  (leorge  B.  C\irter 
and  T.  L.  Cleary.  Mr;  Carter  is  not  only  prominent  as  a  lawyer,  but 
has  held  offices  of  importance.  As  a  regent  of  the  State  University  he 
is  serving  in  his  second  term;  has  been  United  States  court  commis- 
sioner since  1870,  and  was  member  of  the  assembly 'for  the  sessions  of 
1877,  1878  and  1879,  in  which  he  served  on  the  judiciary  and  other  im- 
|K)rtant  committees,  and  was  a  leading  republican  member  of  the  house. 
When  the  republican  national  convention  convened  in  Chicago  in  June, 
1880,  Mr.  Carter  served  as  a  delegate  and  took  an  early  part  in  bringing 
forward  the  name  of  James  A.  Garfield  for  President.  At  the  state 
republican  convention  of  1877  he  was  nominated  for  attorney-general, 
which  he  declined. 

Richard  Carter,  Dodgeville,  was  born  at  Sussex,  England,  May 
31,  1836,  a  son  of  William  and  Ann  Carter.  His  education  not  having 
been  completed  when  he  came  to  Wisconsin,  he  attended  the  academy  at 
Platteville,  graduating  from  that  institution  in  1859.  Prom  1856  to 
i860  at  intervals  he  read  law  at  Lancaster  with  Judge  J.  T.  Mills  and 
Colonel  John  G.  Clark,  and  with  Paine  &  Carter,  Platteville,  from  1S65 
10  the  time  of  his  admission,  which  look  place  March  8,  1866,  at  Lan- 
caster. In  1876  he  became  a  member  of  the  bar  of  the  supreme  court. 
He  practiced  law  at  Platteville  with  Colonel  John  E.  Gurley  from  1866  to 
1869,  and  at  Dodgeville  with  Samuel  W.  Reese  since  1871.  At  the 
breaking  out  of  the  war  Mr.  Carter  became  interested  in  the  Union 
cause  and  enlisted  at  Madison,  April  16,  1S61.  He  rose  to  the  rank  of 
first  lieutenant  of  Company  1  of  the  Fifth  Wisconsin  infantry,  and  in 
May,  1864,  was  appointed  captain  and  assistant  (]uartermaster  of  volun- 
teers; was  on  duty  as  assistant  quartermaster  in  ('hattanooga,  Ten- 
nessee, until  May  or  June,  1865,  when  he  was  assigned  to  the  cavalry 
corps  of  the  military  division  of  the  Mississippi  head-(|uartcrs  at  Macon, 
Georgia,  and  acted  as  chief  quartermaster  of  said  corps  on  the  staff  of 


.«.•[..        J.  -M. 


29*^  THK    BENCH    AND    BAR    OF    WISCONSIN. 

Major-General  James   H.  Wilson.     He  was  discharged  November  27, 
1865,  when  he  returned  to  the  practice  of  his  profession. 

Charles  Spencer  Fuller,  Prairie  du  Chien,  was  born  at  Athens 
Pennsylvania,  June  30,  1849.  ^^^  father  was  a  farmer.  He  was  edu- 
cated at  the  Wisconsin  State  University,  and  graduated  at  the  law  school 
of  the  same  institution  in  June,  1875  >  came  to  Prairie  du  Chien  and  was 
admitted  to  Crawford  county  bar  June  17,  1875,  and  to  the  supreme 
court  and  United  States  circuit  court  on  the  same  day.  In  February, 
1876,  he  entered  into  partnership  with  O.  B.  Thomas,  Prairie  du  Chien, 
which  connection  continues  to  this  date.  Mr.  Fuller  enjoys  the  rare 
merit  of  obtaining  a  first-class  literary  and  law  education  totally  un- 
aided. During  the  years  he  was  pursuing  his  studies  he  spent  his  vaca- 
tions either  in  teaching  school,  working  on  a  farm,  or  any  honorable 
employment  that  offered,  and  is  now  reaping  the  fruits  of  his  industry. 

H.  H.  Gray,  Darlington,  was  born  at  Madison,  Madison  county, 
New  York,  June  29,  1827,  and  is  a  son  of  John  Gray.  He  left  home  at 
thirteea  years  of  age  and  came  to  the  lead-mining  region  of  Wisconsin 
in  1843,  where  he  speedily  made  some  money  and  devoted  himself  and 
his  means  to  acquiring  an  education,  attending  school  in  Belvedere, 
Illinois,  and  in  Beloit,  Wisconsin.  In  1846  he  received  an  appointment  to 
West  Point,  which  he  declined,  and  commenced  reading  law  with  J.  M. 
K.eep  at  Beloit,  but  subsequently  devoted  himself  to  land  operations, 
mercantile  and  other  business  at  Beloit  and  Darlington.  For  ten  years 
Mr.  Gray  took  an  active  and  leading  part  in  procuring  the  location  of 
the  county  seat  of  La  Fayette  county  at  Darlington,  during  which  time 
he  was  editing  newspapers  devoted  to  the  interests  of  the  county  seat 
question.  Besides  attending  to  his  extensive  personal  business,  which  has 
of  later  years  been  dealing  largely  in  western  lands,  he  has  found  time 
to  fill  offices  of  importance;  was  county  supervisor  several  years, district 
attorney  one  term,  member  of  the  assembly  in  1856  and  1858,  and  of 
the  senate  in  1869  and  1870,  and  a  regent  of  the  State  University  two 
terms.  In  1869  he  was  the  democratic  candidate  for  lieutenant-govemory 
and  in  1872  was  a  delegate  to  the  liberal  national  convention  that  nomi* 
nated  Horace  Greeley  for  President.  In  1849  Mr.  Gray  married  a 
daughter  of  Reverend  S.  Peet,  of  Beloit,  and  has  eight  children  living. 


H.i 


THE    BEN'CH    AND    BAR    OF    WISCONSIN.  'iU'.] 

Marvin  Hollister,  Shullsburg,  has  been  a  member  of  the  bar  for  over 
thirty  years.  He  was  born  at  Pavvlet,  Rutland  county,  Vermont,  and  is 
a  son  of  Hartley  and  Lucy  Hollister.  He  was  a  student  at  West  Gran- 
ville Academy,  and  Troy  Conference  Academy,  Poultney,  Vermont.  He 
studied  law  with  Isaac  VV.  and  Oscar  F.  Thompson,  Granville,  Washing- 
ton county,  New  York,  and  was  admitted  to  the  bar  at  Albany,  January 
15,  1847.  Coming  to  Wisconsin  he  commenced  practice  in  La  Fayette 
county  and  was  district  attorney  from  1868  to  1870.  He  is  prompt  and 
energetic  and  said  to  be  a  good  lawyer. 

Aldro  Jenks,  Dodgeville,  was  born  at  Watertown,  Jefferson  county. 
New  York,  January  18,  1855.  In  the  spring  of  1857  he  removed,  with 
his  parents,  to  Wisconsin  and  settled  near  Darlington,  in  La  Fayette 
county,  where  his  parents  have  ever  since  resided.  He  received  a  com- 
mon school  education,  and  at  the  age  of  seventeen  commenced  teaching 
school,  which  occupation  he  continued  for  four  successive  winter  terms, 
working  upon  his  father's  farm  in  the  meantime  and  pursuing  his  studies 
privately,  and  with  such  result  that  at  the  expiration  of  the  third 
year  he  applied  for  and  obtained  a  first  grade  certificate.  He  com- 
menced his  legal  studies  with  James  R.  Rose,  at  Darlington,  in  1874, 
and  in  the  spring  of  1875  he  entered  the  law  office  of  NL  M.  Cothren, 
at  Mineral  Point,  where  he  remained  until  his  admission  to  the 
bar  at  Dodgeville,  March  19,  1876.  He  then  commenced  the  practice 
of  law  at  Highland,  where  he  remained  until  August,  1878,  when  he 
removed  to  Dodgeville  and  formed  a  partnership  with  M  J.  Briggs 
under  the  firm  of  Briggs  ^  Jenks.  This  partnership  still  continues  and 
is  one  of  the  strongest  and  most  popular  firms  in  the  county. 

John  T.  Jones,  Dodgeville,  is  a  native  of  Wales;  was  born  in  An- 
glesea,  May  21,  1836.  His  parents,  Thomas  and  Hannah  Jones,  emi- 
grated to  Wisconsin  in  1852.  They  had  given  him  a  common  school 
education  before  emigrating,  and  he  insisted  at  the  age  of  thirteen  that 
his  parents  should  let  him  enter  a  printing  office  to  learn  the  traile,  at 
which  trade  he  was  working  when  they  emigrated.  He  left  Wisconsin 
in  the  fall  of  1852,  worked  at  his  trade  in  Chicago  that  winter,  left  for 
New  York  city  in  the  spring  of  1853,  worked  in  book  offices  there  over 
a  year,  then  engaged  in  the  office  of  the  Utica  Herald.  After  ac(  umulat- 
ing  some  money   he   went  to   Whitestown   Seminary,  four   niiles   from 


21)4  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Utica.  When  his  funds  run  out  he  used  to  walk  after  school  Fridays  to 
Utica,  and  after  supper  and  all  day  Saturday  worked  at  the  case,  thus 
earning  enough  money  to  keep  himself  at  school  the  following  week. 
In  the  fall  of  1855  he  received  a  certificate  to  teach  school  in  Oneida 
county,  but  did  not  teach,  preferring  to  come  West,  which  he  did,  and 
entered  Platteville  Academy,  which  was  then  taught  by  Professor  Pick- 
ard.  He  alternately  attended  the  academy  and  taught  school  till  the 
war  broke  out,  the  first  school  he  taught  being  the  Old  Brick  (as  it  was 
familiarly  termed)  in  the  town  of  Lima,  Grant  county,  Wisconsin.  He 
enlisted  in  August,  1861,  as  private  in  Company  E,  Thirtieth  Wisconsin 
volunteers ;  was  subsequently  promoted  to  first  sergeant,  second  lieutenant, 
and  first  lieutenant.  Was  discharged  with  the  regiment  in  October,  1865. 
Was  married  to  Miss  Ann  Oldham,  daughter  of  William  and  Mary  Oldham, 
May  21,  1864,  while  home  on  a  furlough.  Was  clerk  in  office  of  secre- 
tary of  state,  and  while  there  improved  his  spare  time  in  studying  law, 
and  graduated  from  the  law  department  of  the  University  in  the  class  of 
187 1,  passing  creditably  the  same  examination  as  the  regular  university 
students.  Entered  on  the  practice  of  the  law  at  Mineral  Point  in  1874 
as  partner  of  ex-attorney-general  Alexander  Wilson.  Dissolved  partner- 
ship and  opened  a  law  office  himself  in  spring  of  1876.  Was  elected 
judge  of  Iowa  county  in  1877,  and  removed  to  Dodgeville,  the  county 
seat.  Was  renominated  by  acclamation  by  the  county  republican  con- 
vention in  March,  1881,  and  reelected  without  opposition  April  5,  1881. 

James  W.  Murphy,  Plaiteville,  is  a  native  of  the  town  in  which  he 
is  now  practicing  his  profession,  and  was  born  in  the  year  1858.  He 
was  educated  at  the  State  Normal  School  at  Platteville,  and  studied  law 
in  the  same  town,  in  the  office  of  A.  W.  Bell,  afterward  attending  the 
law  department  of  the  University  of  Michigan.  He  was  admitted  to 
the  Wisconsin  bar  in  1879,  and  has  as  yet  been  associated  with  no  law 
partner. 

Henry  Freeland  McXelly,  Muscoda,  was  born  at  Orin,  Richland 
county,  Wisconsin,  in  1854,  and  is  the  son  of  Dr.  H.  McNelly,  who 
is  one  of  the  earliest  settlers  of  the  slate.  He  commenced  the  study  of 
law  with  Judge  M.  M.  Cothren,  at  Mineral  Point,  in  1875;  was  ad  mi  ted 
to  the  bar  June  26,  1877,  at  a  term  of  the  Circuit  Court  at  Darlington, 
and  commenced  practice  at  Muscoda,  Se|)tember  9,  1877,  and  has  been 
in  practice  at  that  village  till  the  present  time. 


THE    BKNCH    AM)    BAR    OK    WISCONSIN.  'ii)'^ 

Samuel  Merrick,  Jamestown,  was  born  in  Jefferson  county,  New 
York,  July  15,  1815.  His  father  was  a  native  of  Massachusetts,  and  his 
mother  of  Rhode  Island.  He  was  educated  in  the  i)ublic  schools  and 
at  an  academy  situated  in  Lowville,  New  York.  His  main  occupation, 
after  the  completion  of  his  studies,  was  that  of  teacher  in  the  common 
schools.  At  the  breaking  out  of  the  Mexican  war  he  enlisted  as  a 
soldier  in  the  American  army,  and  had  a  good  deal  of  experience  of 
military  service.  He  commenced  his  study  of  law  with  John  Fahiicr,  of 
Watertown,  New  York,  an  eminent  lawyer  of  that  time.  He  removed 
to  Wisconsin  in  the  spring  of  1850,  and  seven  years  afterward  was 
admitted  to  practice  at  the  bar  of  Grant  county,  which  vocation  he  is 
now  following. 

Philo  a.  Orton,  Darlington,  was  born  in  Hamilton,  New  \'ork, 
March  24,  1837.  His  parents  were  Philo  A.  Orton  and  Nancy  C.  Orton. 
His  father  died  at  Darlington,  Wisconsin,  July  12,  1872.  He  was  a  man 
of  very  considerable  culture  and  of  unswerving  integrity.  His  mother 
is  still  living.  The  family  is  an  old  Connecticut  family,  descending 
from  Thomas  Orton,  an  Englishman,  who  emigrated  to  this  country, 
landing  at  Charleston,  Massachusetts,  in  1640.  The  family  finally 
located  in  Connecticut,  and  were  largely  represented  at  Woodbury,  in 
that  state.  Thomas  Orton,  the  grandfather  of  Philo  A.  Orion,  removed 
from  Connecticut  about  the  year  1800  to  Hamilton,  New  York.  The 
father  of  the  subject  of  this  sketch  removed  with  his  familv  from  New 
York  to  Wisconsin  in  1850,  first  locating  at  Heloit.  In  1855  he  removed 
to  Darlington,  Wisconsin,  where  he  died,  and  where  Philo  .\.  Orton  has 
ever  since  resided.  His  education  was  principally  at  the  common 
schools.  He  attended  Beloit  College  for  about  one  year,  in  185 1  and 
1852,  and  Madison  University,  in  his  native  town,  one  year,  in  1856 
and  1857,  designing  to  make  civil  engineering  his  ])rofession.  The  gene- 
ral suspension  of  all  railroad  enterprises  in  1858  induced  him  to  aban- 
don his  former  purpose  of  becoming  a  civil  engineer,  and  in  1858  he 
commenced  the  study  of  law  in  the  office  of  James  R.  Rose,  at  Darling- 
ton. In  1859  he  was  admitted  to  the  bar,  and  has  been  constantly  in 
practice  since  that  time  at  Darlington.  His  success  in  his  profession 
has  been  very  marked.  For  twenty  years  he  has  had  a  large  and  lucra- 
tive legal  practice.  For  many  years  past  he  has  had  a  law  partner,  Mr. 
C.   F.  Osborn.      He  was  married  January  27,  1862,  to   Miss  Sarah   M. 


Lk.    ^-  'A.x^ik 


200  THK    HENCH    ANI»    HAR    OK    WISCONSIN. 

Osborn,  daughter  of  Captain  Sylvester  W  Osborn,  one  of  the  oldest  and 
most  respected  citizens  of  Darlington.  His  wife  is  a  most  estimable 
lady.  They  have  two  children  :  Susan,  ten  years,  and  Robert  Eugene, 
eight  years  of  age. 

Mr.  Orton  was  a  democrat  before  the  war,  a  war  democrat  during 
the  war,  and  acted  with  that  political  organization  until  1879,  when  he 
refused  to  support  the  democratic  state  ticket  then  in  nomination.  In 
1880,  early  in  the  presidential  campaign,  he  publicly  declared  his  inten- 
tion to  support  the  republican  ticket,  and  worked  hard  on  the  stump  in 
and  out  of  the  state  for  the  election  of  Garfield  and  Arthur.  In  1861 
he  was  democratic  candidate  for  attorney  general  of  Wisconsin.  In 
1870  he  was  the  democratic  candidate  for  circuit  judge,  and  though  he 
ran  far  ahead  of  his  ticket,  was  defeated.  In  1876  he  was  democratic 
candidate  for  representative  in  congress,  and  was  again  defeated.  In 
1869  he  was  elected  county  judge  of  La  Fayette  county,  and  served  in 
that  office  four  years,  declining  a  renomination.  Since  1874  Mr.  Orton 
has  been  connected  with  the  La  Fayette  County  Bank,  at  Darlington. 

Samuel  VV.  Reese,  Dodgeville,  is  by  birth  a  Welshman,  and  was 
born  November  29,  1829,  at  Mongomeryshire,  North  Wales.  He  was 
the  son  of  William  and  Susan  Reese.  When  very  young  he  became  a 
resident  of  Shrewsbury,  England,  and  lived  there  until  he  immigrated  to 
Cincinnati,  in  the  State  of  Ohio,  in  1844.  ^^  ^^^  year  1852  he  became 
a  resident  of  Dodgeville,  Wisconsin,  where  he  has  since  resided.  In 
the  year  1858  he  was  admitted  to  the  bar  at  Mineral  Point,  and 
has  practiced  the  profession  ever  since.  In  1868  he  associated  him- 
self with  George  Mulks  in  the  practice  of  the  law,  and  were  partners 
until  the  spring  of  187 1,  when  Mr.  Mulks  died.  In  the  fall  of  187 1  he 
became  the  partner  of  Richard  Carter,  under  the  firm  of  Reese  &  Car- 
ter, and  the  firm  have  been  in  active  practice  of  the  law  ever  since  at 
Dodgeville. 

Charles  G.  Rodolf,  Muscoda,  is  not  a  native  of  America,  but  was 
born  in  Switzerland,  November  15,  1818.  He  immigrated  to  the  United 
States  while  he  was  yet  fifteen  years  of  age,  having  received  during  that 
time  of  his  life  a  good  academic  education,  and  passed  through  the 
regular  course  of  the  Swiss  High  School  at  Zurzach,  Canton  of  Argovie; 
coming  to  the  western  hemisphere  in  November,  1833,  and  landing  at 


:-  ■  •^ift, 


THK    HKNCH    AND    BAR    OK    WIS<;nNsrN.  "^97 

New  Orleans,  he  went  from  there  to  St.  Louis,  spending  in  that  city  his 
first  year  in  America.  He  became  an  inhabitant  of  Wisconsin  in  the 
year  following,  locating  in  August,  1834,  in  Iowa  county.  He  first 
engaged  in  farming  on  a  preemption  claim,  teaming  and  breaking 
prairie,  subsequently  engaged  in  the  mercantile  business  and  lead  min- 
ing at  Centreville  and  Highland,  Iowa  county,  previous  to  entering  the 
legal  profession.  Mr.  Rodolf  acquired  a  moderate  knowledge  of  the 
English  language  during  his  stay  at  St.  Louis,  and  as  soon  as  circum- 
stances allowed  began  his  study  of  law,  and  was  admitted  to  the  bar  of 
Wisconsin  in  the  year  1851.  He  began  his  practice  in  1846  at  High- 
land, but  moved,  in  1852,  to  Richland  county,  and  then  obtained  a  few 
years'  experience  as  a  lawyer.  It  was  during  his  stay  in  this  last  men- 
tioned county  that  he  erected  the  saw  and  grist  mills  of  which  he  is  now 
the  proprietor.  He  located  at  his  present  home,  Muscoda,  in  1871,  and 
again  commenced  practice,  to  which  he  has  ever  since  devoted  his 
attention. 

Mr.  Rodolf  has  been  chosen  to  fill  numerous  state  offices  in  his 
adopted  country.  In  185 1  he  represented  Iowa  county  in  the  general 
assembly;  was  also  a  representative  in  the  same  body  during  the  year 
1858,  from  Richland  county.  The  counties  of  Iowa  and  Richland 
elected  him  state  senator  for  the  years  1859  and  i860  ;  was  chairman  of 
the  county  board  of  Richland  county  in  1853,  and  was  the  democratic 
candidate  for  congress,  in  1863,  for  the  third  congressional  district;  was 
a  member  of  the  board  of  supervisors  of  (irant  county  during  five  suc- 
cessive years;  from  1864  to  1869  he  was  treasurer  of  the  town  of  Kagle  ; 
nnd  a  delegate  to  the  democratic  national  convention,  at  Chicago,  in 
1-^^ -^  and  again,  in  1868,  in  New  York. 

Jamrs  R.  Rose,  Darlington,  was  born  in  Delaware  county,  New 
Yoik.  September  18,  1817,  and  received  his  education  in  that  state, 
^subsequently  he  studied  law  in  Otsego  county,  and  was  admitted  to  the 
t»\r  of  the  supreme  court  in  Albany.  He  was  clerk  of  the  assembly  in 
1A44,  1845  and  1850.  In  1851  he  came  to  Wisconsin  and  settled  in  La 
Fayette  county,  in  the  practice  of  the  law :  is  the  oldest  lawyer  in  that 
rountv,  and  has  been  district  attorney  two  terms.  His  son,  D.  S.  Rose 
IS  Lis  partner  in  the  law  business. 


k^ 


208  THK    IIKNCH    AND    BAR    OF    WISCONSIN. 

David  S.  Rose,  Darlington,  was  born  June  30,  1856,  at  the  village 
of  Avon,  now  town  of  Darlington,  La  Fayette  county.  The  names  of 
his  parents  were  J.  R.  and  Phebe  A.  Rose.  He  was  admitted  to  prac- 
tice June  30,  1876,  at  the  June  term  of  the  circuit  court  for  La  Fayette 
county,  for  the  year  1876,  by  Judge  J.  T.  Mills.  He  stttdied  his  pro- 
fession with  M.  M.  Cothren  and  J.  R.  Rose,  of  the  firm  of  Cothren  & 
Rose.  He  practiced  from  January,  1878,  to  February,  1879,  at  Belmont, 
and  from  that  time  he  has  been  associated  with  his  father,  J.  R.  Rose, 
at  Darlington. 

John  Montgomery  Smith,  Mineral  Point,  was  born  at  Bedford 
Springs,  Pennsylvania,  P'ebruary  26,  1834.  He  came  to  Wisconsin  with 
his  father,  the  late  General  William  R.  Smith,  and  settled  at  Mineral 
Point  in  January,  1838.  Receiving  a  common  school  education,  he 
commenced  studying  law  at  the  age  of  sixteen,  with  his  father.  In  1852 
he  crossed  the  plains  to  California.  Returned  from  the  Pacific  coast  in 
1855,  he  resumed  his  studies  under  the  direction  of  his  father,  and 
subsequently  studied  with  Joseph  H.  Clary  and  the  late  Judge  Samuel 
Crawford,  of  the  supreme  court.  Admitted  to  practice  at  Mineral  Point 
in  the  fall  of  1862,  he  formed  a  partnership  with  Judge  Crawford,  which 
was  terminated  by  the  judge's  death,  and  is  now  in  partnership  with  W. 
T.  Henry,  who  is  in  the  banking  business.  Mr.  Smith  has  served  two 
terms  as  district  attorney  of  Iowa  county,  and  was  nominated  by 
acclamation  for  a  third  term,  but  declined,  as  his  law  practice  had  in- 
creased so  much  he  had  not  the  time  to  attend  to  the  duties  of  the 
office.  He  was  also  elected  city  superintendent  of  schools,  was  twice 
elected  mayor  of  the  city  of  Mineral  Point,  and  was  the  democratic  can- 
didate for  attorney-general  in  1S79. 

ORMsnv  H.  Thomas,  Prairie  du  Chien,  was  born  at  Sandgate,  Ver- 
mont, August  21,  1832.  His  education  was  in  the  public  schools;  read 
law  by  a  course  at  the  law  school  at  Poughkeepsie,  New  York,  where  he 
graduated  in  1856,  and  was  admitted  to  the  supreme  court  bar  of  New 
York  in  Albany  in  1856.  The  following  year  he  came  to  Wisconsin,  and 
has  since  that  time  been  in  practice  at  Prairie  du  Chien.  He  was  dis- 
trict attorney  for  Oawford  county  during  several  years;  was  member  of 
the  assembly  in  1862,  1865  and  1867,  and  is  now  state  senator  on  the 
second  year  of  his  term,  having  been  elected  in   1879.      In   1872   Mr. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  299 

Thomas  was  a  presidential  elector  on  the  republican  ticket.  During  the 
war  of  the  rebellion  he  served  in  the  army  three  years  as  captain  in  the 
Thirty-first  Wisconsin  Regiment.  His  present  law  partner  is  C.  S. 
Fuller.  In  1877  Captain  Thomas  was  nominated  by  the  republicans  for 
attorney  general  of  the  state,  but  declined  to  run,  not  caring  to  break  in 
on  his  extensive  law  practice.  During  the  session  of  the  legislature  of 
1880  Senator  Thomas  served  on  the  committees  on  the  judiciary  and 
on  education,  and  at  the  session  of  t88i  was  chairman  of  the  commit- 
tees on  the  judiciary  and  a  member  of  that  on  military  affairs.  He  took 
a  prominent  part  in  the  proceedings  of  the  body  of  which  he  was  a 
member  two  years. 

Myron  Mansel  Webster,  Prairie  du  Chien,  was  born  in  McGraws- 
ville,  New  York,  January  18,  1836,  at  which  place  he  was  educated. 
He  came  west  at  an  early  age,  studied  law  with  H.  B.  McGinnis  at 
Galena,  Illinois,  and  was  admitted  to  the  bar  in  the  Allmaker  di.strict 
court,  Iowa,  in  July,  1857,  and  subsequently  to  the  Iowa  supreme  court, 
afterward  practicing  ten  years  at  .Allmaker.  He  came  to  Prairie  du 
Chien  and  located  in  practice  November  i,  1867.  and  was  admitted, 
soon  after,  to  the  bar  of  Crawford  county,  and  to  practice  in  the  supreme 
court  and  United  States  courts  of  Wisconsin.  Since  then  he  remained 
in  Prairie  du  Chien  in  partnership  with  his  brother,  Daniel  Webster, 
until  his  death  in  the  fall  of  1881. 

Daniel  Webster,  Prairie  du  Chien,  was  born  in  McGrawsville,  New 
York,  September  4,  1844.  Coming  west  while  young,  his  education  was 
obtained  at  Galena,  Illinois,  and  Wawkon,  Iowa.  Choosing  the  practice 
of  law  for  a  profession,  he  studied  in  the  law  office  of  his  brother,  Myron 
Mansel,  at  Lansing,  Iowa.  Afterward,  coming  to  Prairie  du  Chien  to 
live,  he  was  admitted  to  practice  in  Allmaker  county,  Iowa,  and  at 
Crawford  county  bar;  practiced  at  Rasson,  Minnesota,  a  short  time,  and 
in  Allmaker  county,  Iowa,  two  or  three  years,  and  then  returned  to 
Prairie  du  Chien,  when  he  entered  into  partnership  with  his  brother, 
Myron  Mansel  Webster,  but  has  been  alone  since  the  death  of  the  lat- 
ter in  the  fall  of  1881. 

John  Darlin  Wilson,  Boscobel,  was  born  June  19,  185 1,  at  Johns- 
ton, Lamarkshire,  Scotland.     He  was,  on  his  father's  side,  related  to  the 


300  THK    BKNCH    AND    BAR    OF    WISCONSIN. 

Camerons,  his  grandmother  being  a  Cameron.  His  grandfather  was 
James  Wilson,  the  brother  of  Professor  John  Wilson,  known,  in  the 
magazines,  as  Christopher  North.  While  still  young  John  Darling 
Wilson  came  to  the  United  States,  and  in  1864  to  Concord,  New  Hamp- 
shire. In  the  academy  at  this  place  he  finished  his  education,  which 
had  been  begun  in  a  grammar  school  at  Glasgow.  He  came  to  Shulls- 
burg,  Wisconsin,  in  1865,  and  for  the  first  two  years  of  his- stay  in  the 
state  taught  school  at  Darlington.  Mr.  Wilson  commenced  the  study 
of  law  with  H.  S.  Magoon,  at  Darlington,  and  was  admitted  to  the  bar 
June  22,  1873,  in  La  Fayette  county.  In  order  to  give  finish  to  his 
legal  training,  he  went  into  the  office  of  M.  M.  Cothren,  Mineral  Point, 
and  in  July,  1875,  they  formed  a  partnership,  and  established  a  branch 
office  at  Boscobel.  When  Judge  Cothren  was  elected  circuit  judge  in 
1876  the  partnership  was  dissolved,  and  Mr.  Wilson  has  since  been 
alone  in  his  practice.  Mr.  Wilson  was  admitted  to  the  supreme  court 
of  Wisconsin  in  February,  1876,  and  to  the  United  States  district  and 
circuit  courts  in  January  1876. 

Lucius  Jason  Woolley,  Boscobel,  was  born  in  Westminster,  Ver- 
mont, December  i,  1820.  His  father  was  from  the  original  stock  of 
that  name,  and  lived  in  New  Bedford,  and  his  mother  was  a  Colvinn,  of 
New  Hampshire.  His  early  education  was  in  the  public  schools,  after- 
ward in  a  normal  school,  and  completed  in  the  Black  River  Literary 
and  Religious  Institute,  at  Watertown,  New  York.  At  the  latter  place 
he  studied  law  four  years  with  W.  H.  Shumway,  when  he  was  admitted 
to  the  bar  in  advance  of  the  usual  seven  years'  course  of  law  study.  In 
the  fall  of  1855  he  came  to  Wisconsin,  prosecuted  further  the  study  of 
law  with  J.  T.  Mills,  at  Lancaster,  and  was  admitted  to  the  Grant 
county  bar,  at  Lancaster,  at  the  spring  term  of  the  circuit  court  of  1856. 
He  then  established  himself  in  practice  at  Lancaster,  and  continued 
there  until  1861,  when  he  came  to  Boscobel,  and  entered  into  a  law 
partnership  with  G.  Hartshorn,  but  since  the  spring  of  1863  has  been 
alone  in  business.  Mr.  Woolley  has  been  much  in  public  office :  has  been 
chairman  of  the  county  board  of  supervisors  three  years,  and,  conse- 
quently, a  member  of  the  board  three  terms;  is  notary  public;  circuit 
court  and  United  States  court  commissioner;  is  now  justice  of  the 
peace,  having  held  the  office  several  different  years,  and  has  been  en- 
gaged in  prosecuting  pension  claims  against  the  United  States  govern- 
ment since  1863. 


THL    BENCH    AND    BAR    OF    WIS<  ONSIN.  301 

J.  S.  Waddington,  Argyle,  was  born  at  Stockton,  New  York,  No- 
rember  12,  183 1.  As  early  as  1839  he  came  to  the  Western  states.  Up 
to  the  time  of  his  removal  he  had  attended  the  common  schools  in  his 
natire  town,  and  while  in  the  west  he  was  sent  as  a  student  to  the  acad- 
emy at  Belviderc,  Illinois.  He  first  came  to  La  Fayette  county  in  1842, 
but  did  not  make  a  f>ermanent  location  in  Wisconsin  until  1846,  passing 
two  years  of  the  interim  at  his  former  home  at  Belvidere.  He  has  been 
elected  to  several  township  offi<  es,  such  as  those  of  secretary  and  treas- 
urer. He  was  elected  county  judge  of  La  Fayette  county  in  the  spring 
of  1876,  and  still  occupies  the  position,  his  term  not  expiring  until  1882. 
Mr.  Waddington  has  been  a  successful  merchant  of  Argyle,  and  has 
earned  the  reputation  of  being  an  efficient  and  popular  county  judge. 

srx'i  H  (:iR(  i;n  . 

Adelbf.rt  E.  Blekkman,  Sparta,  was  born  at  Salisbury,  Herkimer 
county.  New  York,  March  26,  1846,  After  receiving  an  academic  edu- 
cation he  studied  law,  came  to  Wisconsin  in  1869,  and  settled  in  Tomah 
in  the  practice  of  his  profession.  In  1873  he  was  elected  a  member  of 
the  assembly.  During  the  late  war  he  entered  the  military  service  as 
private  in  Company  A,  Second  C>hio  Cavalry,  and  was  in  the  battles  of 
the  Wilderness,  Hanover  Court-House,  Ackland  Station,  and  all  of 
Wilson's  engagements  during  his  raids  in  1864.  While  residing  at 
Tomah  he  was  elected  without  opposition  to  the  stale  senate  in  Novem- 
ber, 1873.  Removing  to  Sparta  in  June,  1875,  he  was  elected  district 
attorney  for  the  county  of  Monroe  for  1876,  1877  and  1878.  M*-. 
Bleekinan's  law  firm  at  Sparta  is  Bleekman  &  Bloomingdale,  and  doing 
a  thrifty  business. 

C.  M.  Butt,  Viroqua,  was  born  in  the  town  of  Deerfield,  Morgan 
county,  Ohio,  September  30,  1833,  his  parents  being  Kdward  and 
Hannah  Roberts  Butt.  His  education  was  obtained  in  the  public  schools 
and  in  the  Wesleyan  University,  at  Delaware,  Oh«o.  .Subse^juently  he 
entered  upon  the  study  of  the  law  with  Judge  Kvans  Sc  Wood,  at  Mc- 
Connellsville,  Ohio;  was  admitted  to  the  bar  at  Viroqua,  Wisconsin,  in 
June,  1859,  and  commenced  its  jiractice  at  the  same  |)lace  immediately 
after.  The  fall  thereafter  he  was  elected  district  attornev  for  Vernon 
county,  and  on  the  expiration  of  his  term,  in  1861,  he  received  a  renomi- 
nation,  which  he  declined  in  order  to  accept  the  republican  nomination 


Ik.  „>  ■  ■>.  -.«'.■_. 


'^0'^  THE    liKNCH    AN!)    ItAR    OF    WISCONSIN. 

for  the  senate,  but  was  defeated  by  only  eighty-seven  votes  at  the  ensuing 
election  by  N.  S.  Cole,  who  ran  on  a  Union  ticket.  During  the 
war  of  the  rebellion  he  entered  the  military  service  a  first  lieuten- 
ant in  Company  A,  Twenty-fifth  Regiment  Wisconsin  volunteers;  was 
promoted  to  captain  in  March,  1864;  to  major  of  the  Forty-eighth 
Wisconsin  in  March,  1865,  and  to  lieutenant  colonel  in  January,  1866. 
During  the  war  he  participated  in  two  campaigns  against  the  Indians  in 
Minnesota  and  Kansas ;  also  in  the  campaiji^n  at  Vicksburg,  Meridian, 
Chattanooga,  Savannah,  and  Sherman's  Carolina  campaign,  ending  at 
Goldsboro,  North  Carolina.  Served  seven  months  as  ordnance  officer 
of  Fourth  Division,  Seventeenth  Army  Corps,  J.  Mower  commanding. 
Was  elected  senator  on  the  republican  ticket  in  1868  by  a  majority 
o^  2,573,  ^"^  served  in  that  body  during  the  sessions  of  1869  and 
1870.  Since  that  time  he  has  been  in  the  active  practice  of  his  pro- 
fession at  Viroqua.  Was  elected  district  attorney  again  in  187 1  and 
1873,  serving  four  years;  was  elected  county  judge  in  1877,  and  re- 
elected in  1 88 1.  He  is  one  of  our  large  farmers,  his  farm  consisting 
of  six  hundred  acres,  on  which  he  resides,  and  takes  personal  super- 
vision. After  leaving  the  army  and  returning  home,  Colonel  Butt  was 
elected  county  treasurer  of  Vernon  county,  and  served  from  June  i, 
1866,  until  January  i,  1870. 

Frank  H.  Bloomingdale,  Sparta,  was  born  at  Condersport,  Penn- 
sylvania, October  15,  1854,  and  in  the  spring  of  1863  he  came  to 
Wisconsin  with  his  parents.  His  education  was  commenced  in  the 
public  schools  at  Sparta,  and  in  the  fall  of  1872  he  entered  the  State 
University,  where  he  completed  his  sophomore  year.  In  the  fall  of  1874 
he  entered  the  law  school  of  Michigan  State  University,  and  wa« 
admitted  to  the  bar  at  the  December  term  of  the  Monroe  county  circuit 
court  at  Spana,  in  1877.  In  January,  1879,  he  commenced  practice  of 
the  law  at  Sparta,  in  partnership  with  A.  E.  Bleekman,  and  the  firm  still 
continues  B)eekman  lV  Bloomingdale.  Mr.  Bloomingdale  is  a  rising 
vounc  lawvcr. 

W.  S.  Burrou(;hs,  I. a  Crosse,  was  born  in  Portage  county,  Ohio« 
July  7,  1837;  received  an  academic  education  in  his  native  place,  and 
removed  to  Illinois  with  his  parents  in  1855.  Two  years  later  he  set- 
tled at  [.a  Crosse,  and  began  the  study  of  law  with  Denison  &  Lynd 


.•.-.^.  ■ 


THE    BENCH    AND    BAR    OF    WISCONSIN.  303 

He  was  admitted  to  the  bar  at  La  Crosse  in  1859.  In  December,  1861, 
he  began  practice  with  Mr.  Lyndes,  and  so  continued  till  1876,  since 
which  time  he  has  been  alone. 

Benjamin  French  Bryant,  La  Crosse,  was  born  at  Rockland, 
Maine,  September  3,  1837.  His  early  education  was  in  the  public 
schools,  Maine  Wesleyan  Seminary,  at  Kent  Hill,  and  Bowdoin  College, 
in  the  class  of  1863.  He  came  west,  and  entered  the  army  in  1862, 
enlisting  at  Norwalk,  Ohio,  in  the  One  hundred  and  first  Ohio  regiment. 
He  served  In  the  army  of  the  Cumberland  till  the  close  of  the  war,  at 
first  as  sergeant,  and  subsequently  commissioned  first  lieutenant,  and 
still  later  as  captain.  He  was  mustered  out  of  service  in  June,  1865, 
and  settled  at  Norwalk,  Ohio,  where  he  was  admitted  to  the  bar  and 
began  practice.  In  May,  1868,  he  came  to  La  Crosse,  where  he  has 
since  been  actively  engaged  in  the  practice  of  his  profession.  He  was 
appointed  to  the  office  of  county  judge  in  the  spring  of  1870,  and  held 
the  office  four  years.  In  the  fall  of  1873  he  was  elected  district  attor- 
ney, which  position  he  resigned  in  Ai)ril,  1875,  to  become  United  States 
pension  agent.  In  1877  he  was  again  elected  district  attorney,  and 
reelected  in  1879.  He  has  been  aid  de  camp  upon  the  staff  of  Gov- 
ernor C.  C.  Washburn,  and,  also,  upon  that  of  Governor  W.  E.  Smith. 
Captain  Bryant  is  a  finished  orator. 

Charles  Wilson  Bunn,  La  Crosse,  was  born  in  the  town  of  Gale, 
Trempealeau  county,  on  May  21,  1855.  He  lived  at  Galesvillc  with  his 
father's  family  until  the  spring  of  186 1,  when  he  removed  with  them  to 
Sparta.  Here  he  attended  the  graded  school  until  he  was  fifteen  years 
of  age,  when  he  entered  the  freshman  class  at  the  University  of  Wis- 
consin, and  graduated  in  1874.  Immediately  on  leaving  college  he 
entered  the  law  office  of  Professor  J.  H.  Carpenter,  dean  of  the  law 
faculty  at  Madison,  and  attended  the  law  school  one  year,  from  which 
he  graduated  in  the  summer  of  1875.  In  September  of  that  year  he 
entered  the  law  office  of  Cameron  &  Losey,  at  La  Crosse,  as  a  clerk, 
where  he  remained  in  that  capacity  until  the  first  of  January,  1876, 
when  he  was  taken  in  as  a  partner  in  that  firm,  and  has  remained  there 
crer  since.     In  August,   1877,  he  married   Miss  Mary  Anderson,  eldest 

daughter  of  Mons  Anderson,  at  La  Crosse. 

18 


304  THK    BENCH    AND    BAR    OF    WISCONSIN. 

Samuel  S.  Burton,  La  Crosse,  was  born  at  Manchester,  Vermont, 
April  lo,  1822,  and  spent  his  early  boyhood  on  his  father's  farm.  He 
was  educated  at  the  Burr  Sz  Burton  Seminary,  at  Manchester,  and 
studied  law  with  Miner  &  Burton  of  the  same  place,  as  well  as  at  the 
Ballston  Spa  law  school.  He  was  admitted  to  the  bar  in  1850,  and 
practiced  at  Manchester  with  E.  B.  Burton  till  1857,  when  he  came  to 
La  Crosse  in  April  of  the  same  year,  and  was  a  member  of  the  firm  of 
Tucker,  Burton  iS:  Morse  till  1859,  when,  a  vacancy  occurring  in  the 
office  of  county  judge,  Mr.  Burton  was  appointed  to  the  office  by  Gover- 
nor Alexander  Randall,  and  at  the  end  of  three  years,^the  expiration  of 
the  term  for  which  he  was  appointed,  he  was  elected  to  the  same  office, 
which  he  held  till  January,  1866.  His  judicial  duties,  then  embracing 
civil  as  well  as  probate  matters,  took  him  quite  effectually  out  of  the 
practice  of  his  profession. 

He  was  elected  to  the  assembly  for  the  session  of  1864;  was  receiver 
of  public  moneys  at  the  land  office  from  1867  to  1875,  and  was  appointed 
receiver  of  the  first  bank  of  La  Crosse  upon  its  failure  in  April,  1876. 
In  January,  1866,  he  formed  a  partnership  with  G.  M.  Woodward,  and 
remained  a  member  of  the  firm  of  Burton  &  Woodward  till  January, 
1877,  whea  upon  the  organization  of  the  National  Bank  of  La  Crosse  by 
the  wealthy  citizens  of  that  place,  he  abandoned  his  profession,  and  has 
been  its  cashier  and  manager  to  the  present  time. 

Hugh  Cameron,  La  Crosse.  His  parents  were  Duncan  A.  (who 
is  of  the  Lochiel  branch)  and  Sarah  McColl  Cameron,  who  came  from 
Scotland  early  in  this  century,  and  their  son  Hugh  was  bom  in  Caledo- 
nia, New  York,  June  29,  1815,  and  passed  his  youth  on  his  father's  farm. 
He  was  prepared  for  college  in  the  institutions  of  Middleburg  and  Lima, 
and  entering  the  University  of  Vermont  in  1834,  graduated  at  the  same 
institution  four  years  later.  Returning  to  western  New  York,  Mr.  Cam- 
eron taught  in  the  Avon  Academy  in  1838  and  1839,  at  the  same  time 
reading  law  with  Amos  Dann.  He  finished  his  law  studies  with  Hast*. 
ings  &  Husbands  at  Rochester,  and  was  admitted  to  the  bar  of  the 
supreme  court  in  that  city  in  1841.  After  practicing  a  few  years  in  Liv- 
ingston county,  he  went  to  Buffalo  in  the  spring  of  1847,  and  there  built 
up  an  ex<  client  business  in  the  firm  of  Wadsworth  &  Cameron,  but  see- 
ing openings  of  greater  promise  farther  west,  he  came  to  La  Crosse  in 
the  spring  of  1858,  which  has  become  his  permanent  home.     During  the 


THE    BENXH    AND    BAR    OF    WISCONSIN.  305 

6rst  six  years  in  La  Crosse,  he  was  in  partnership  with  his  brother  Alex- 
ander, who  died  in  the  army  in  1864.  In  1865  he  was  elected  county 
judge,  held  the  office  four  years  and  declined  reelection. 

On  December  2,  1875,  Judge  Cameron  wedded  Miss  Caroline  D. 
Starr,  of  Burlington,  Iowa.  He  is  elder  brother  of  United  States  Sena- 
tor Angus  Cameron.  March  i,  1881,  Judge  Benton  having  resigned 
the  office  of  county  judge,  Judge  Cameron  was  appointed  to  fill  the 
vacancy,  by  Governor  W.  E.  Smith  ;  was  elected  at  the  spring  election 
without  opposition,  and  is  now  serving  in  that  capacity.  It  was  an  ap- 
pointment particularly  "  fit  to  be  made,"  and  the  position  is  filled  by 
him  with  dignity,  ability  and  unswerving  integrity,  giving  universal 
satisfaction  to  both  bar  and  people  having  business  in  his  courts. 

Alexander  Cameron,  La  Crosse,  a  brother  of  Hugh  and  Angus 
Cameron,  was  bom  at  Caledonia,  Livingston  county,  New  York,  in  1832  ; 
came  to  I>a  Crosse  at  an  early  day,  studied  law  with  A.  Johnson,  and  was 
admitted  to  the  bar  in  1857.  He  went  into  company  with  his  brother, 
Hugh  Cameron,  in  1858,  and  was  elected  district  attorney  in  1859. 
On  the  breaking  out  of  the  war  in  1861  he  entered  the  Union  army  as 
senior  first  lieutenant  of  the  First  Wisconsin  Battery,  and  was  in  the  fight 
at  Cumberland  Gap.  While  on  duty  in  Kentucky  he  contracted  con- 
sumption, of  which  he  died  in  1864.  He  was  known  as  a  brave  and 
efficient  officer,  and  as  a  member  of  the  bar  was  noted  for  his  native  and 
persuasive  eloquence,  which  scarcely  ever  failed  of  carrying  court  and 
jury  with  him. 

John  J.  Cole,  La  Crosse,  was  bom  at  Albany,  New  York, 
August  29,  1824,  and  received  his  academic  and  legal  education  at  the 
same  place.  At  the  age  of  twenty-one  he  was  admitted  to  the  supreme 
court  and  court  of  chancery,  his  license  to  practice  in  the  former  court 
bearing  the  signature  of  Chief- Justice  Bronson,  and  in  the  latter  that  of 
Chancellor  Walworth.  In  1856  he  removed  to  Wisconsin  and  settled  at 
Virocjua,  where  he  remained  till  1839,  when  he  came  to  I^  Crosse, 
where  he  has  since  remained  in  active  practice.  He  has  been  actively 
engaged  in  his  profession  since  he  was  twenty-one  years  of  age.  At 
Viroqua  he  was  a  partner  of  Judge  Terhune,  and  at  La  Crosse  he  was 
for  a  time  in  partnership  with  W.  H.  Tucker.     He  is  at  present  alone. 


306  I'HE    HENCH    AND    BAR    OF    WISCONSIN. 

Alckrt  William  Campbell,  Viroqua,  was  bom  in  Oconomowoc, 
Wisconsin,  October  lo,  1856,  and  was  educated  at  the  district  school 
and  the  high  school  of  Tomah.  He  studied  law  in  the  office  of  Smith 
&  Rogers  at  Madison,  also  went  through  a  course  in  the  law  class  of 
the  Wisconsin  State  University,  and  was  admitted  to  the  bar  in  Madison 
on  May  i,  1878.  Subsequently,  establishing  himself  in  practice  at  Viro- 
qua, he  entered  into  partnership  with  Judge  Carson  Graham,  and 
recently  with  Walter  S.  Field.  Mr.  Campbell  is  now  court  commissioner 
for  Vernon  county. 

Samuel  Norris  Dickinson,  Sparta,  was  born  at  Willsborough, 
Pennsylvania,  July  24,  1833,  and  was  educated  at  East  Hampton,  Massa- 
chusetts. He  read  law  with  Johnson  &  Brown,  at  Warren,  Pennsyl- 
vania; was  admitted  to  the  bar  at  the  same  place,  and  located  at  Sparta, 
Wisconsin,  where  he  became  associated  in  practice  with  T.  B.  Tyler 
and  M.  Montgomery,  the  firm  becoming,  on  the  retiring  from  it  of  Mr. 
Montgomery,  Tyler  &  Dickinson,  which  still  continues.  Mr.  Dickinson 
has  devoted  himself  exclusively  to  the  duties  of  his  profession,  not  seeking 
office  or  political  preferment,  and  taking  part  in  public  affairs  only  as  a 
citizen  should  do.     Consequently  professional  success  has  attended  him. 

John  A.  Daniels,  La  Crosse,  was  born  in  Delaware  county,  New 
York,  and  educated  at  the  Delaware  Literary  Institute.  He  studied 
law  at  Kenosha,  Wisconsin,  with  H.  F.  Schoff,  and  was  admitted  to  the 
bar  at  Manitowoc  in  1856,  and  afterward  commenced  practice  in  Ke- 
nosha county.  Two  years  later  he  went  to  Trempealeau  county.  In 
1864  he  formed  a  partnership  and  entered  upon  the  practice  of  law 
with  W.  H.  Stodgill  at  La  Crosse.  In  1879  ^is  son,  H.  S.  Daniels, 
was  admitted  to  the  firm.  He  was  district  attorney  of  Trempealeau 
county  in  1858  and   1859. 

HoMAR  S.  Daniels,  La  Crosse,  was  born  at  Ah napee,  August  25, 
1856,  and  was  educated  at  the  State  University  of  Wisconsin,  graduating 
in  the  class  of  1876.  He  studied  law  with  Stogdill  &  Daniels,  and  was 
admitted  to  the  bar  in  1877  at  La  Crosse,  where  he  began  practice  at 
once.  A  year  later  he  was  admitted  to  the  partnership  of  Stogdill  & 
Daniels.  In  18S0  he  formed  a  partnership  with  Frank  J.  Toeller,  under 
the  firm  of  Daniels  iV:  Tocller. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  3(>? 

J.  J.  Fruit,  La  Crosse,  was  born  in  Grant  county,  March  29,  1849, 
and  worked  upon  his  father's  farm  until  seventeen  years  of  age.  He  had 
a  common  school  education,  then  took  a  course  at  the  Platteville  Nor- 
mal School,  graduating  in  187 1.  He  was  engaged  in  teaching,  as  prin- 
cipal of  one  of  the  public  schools  of  La  Crosse,  for  dve  successive  years. 
He  then  chose  the  profession  of  law,  and  was  graduated  from  the  law 
department  of  the  State  University  in  1877.  He  began  practice  at  once, 
in  partnership  with  H.  Pfund,  at  La  Crosse.  After  the  removal  of  Mr. 
Pfund  to  Madison  he  continued  practice  alone,  until  June,  1880,  when 
he  took  in  as  partner  John  Brindley,  formerly  of  Boscobel.  Grant  county, 
Wisconsin. 

Henry  C.  Forsyth,  Viroqua,  was  born  in  the  State  of  Ohio;  was 
educated  in  the  law  at  the  law  school  of  the  Wisconsin  State  University, 
graduating  in  the  class  of  1879,  having  previously  read  law  in  the  office 
of  W.  F.  Turhune,  at  Viroqua;  was  admitted  to  the  bar  at  Madison  in 
1879;  has  been  in  practice  at  Viroqua  as  member  of  the  firm  of  Tur- 
hune and  Forsyth,  and  also  that  of  Forsyth  &  Hattlestad,  and  has  been 
justice  of  the  peace. 

Walter  S.  Field,  Viroqua,  was  born  in  Hillsborough,  Wisconsin, 
October  19,  1856;  was  educated  at  the  Wisconsin  State  University, 
graduating  in  the  class  of  1878,  and  in  the  law  class  of  the  university  of 
1880;  was  admitted  to  the  bar  at  Madison,  April  15, 1880,  and  has  been 
in  practice  at  Viroqua  since  December  i,  1880,  with  A.  W.  Campbell. 

Charles  Waldo  Graves,  Virocjua,  was  born  in  East  Aurora,  Erie 
county,  New  York,  November  29,  1854,  and  his  father  is  Lewis  W. 
Graves,  who  for  forty-five  years  has  been  a  member  of  the  bar  at  Sparta, 
Wisconsin.  He  was  educated  in  the  public  schools  at  Sparta,  studied 
law  three  years  with  his  father  and  one  year  with  A.  E.  Bleekman,  at 
Sparta,  and  was  admitted  to  the  bar  at  Sparta  on  January  4,  1876. 
Commencing  practice  at  Sparta,  he  was  in  partnership  one  year,  com- 
prising that  of  1876,  with  F.  T.  Condit — (iravcs  i^'  Condit ;  two  years, 
1877  and  1878,  with  A.  K.  Bleekman — Bleekman  i^:  Graves;  three  years, 
1879,  1880,  1881,  and  continuing  to  the  present  year  of  1882,  with  C'olo- 
nel  C.  M.  Butt,  at  Viroqua.  In  1876  Mr.  Graves,  besides  practicing  his 
profession  at  the  same  time,  was  clerk  of  the  town  of  Sparta. 


308  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Clark  L.  Hood,  La  Crosse,  began  life  in  Delaware  county,  New 
York,  June  23,  1847.  He  was  educated  at  the  Delaware  Literary  Insti- 
tute, in  Franklin,  New  York,  and  studied  law  with  Hotchkiss  &  Sey- 
raore,  in  Binghamton,  where  he  was  admitted  to  practice  in  1868.  In 
1869  he  came  to  La  Crosse  and  engaged  in  practice,  being  for  two  years 
in  partnership  with  M.  P.  Wing.  He  has  held  the  position  of  city  attor- 
ney three  years.  In  August,  1863,  he  entered  the  army,  and  served  till 
the  close  of  the  war,  with  an  honorable  record.  Since  returning  to  the 
arts  of  peace  he  has  devoted  himself  to  the  practice  of  his  profession, 
in  which  he  has  had  distinguished  success.  He  is  a  ** stalwart"  of  the 
La  Crosse  bar. 

Harvey  E.  Hubbard,  La  Crosse,  was  born  in  Onondaga  county, 
New  York,  on  the  17  th  day  of  March,  1830.  He  lived  at  home  upon 
his  father's  farm  until  sixteen  years  of  age,  attending  district  school  and 
also  the  Manlius  Academy.  In  1846  he  came  with  his  parents  to  Mil- 
waukee, and  spent  two  years  as  clerk  in  a  store.  He  then  began  the 
study  of  law  with  Haven  Powers,  with  whom  he  remained  about  a  year 
and  a  half;  then  spent  another  term  of  about  the  same  length  of  time  in 
the  office  of  Judge  A.  D.  Smith  and  H.  L.  Palmer,  when  he  was  admit- 
ted to  the  bar  of  the  circuit  court  for  Milwaukee  county,  then  presided 
over  by  Judge  Levi  Hubbell,  in  the  spring  of  185 1,  at  the  age  of  twenty- 
one.  In  July  of  the  same  year  he  moved  to  La  Crosse,  and  commenced 
practice.  In  January,  1852,  he  was  elected  clerk  of  the  senate,  and 
during  that  winter  was  admitted  to  practice  in  the  supreme  court. 
Upon  his  return  to  La  Crosse,  in  the  spring  of  1852,  he  was  appointed 
clerk  of  the  circuit  court  by  Judge  Knowlton  to  fill  a  vacancy,  and  at 
the  end  of  his  term  was  elected  by  the  people.  In  1853  he  was 
appointed  postmaster  by  President  Pierce,  and  was  reappointed  by 
Buchanan  in  1857,  and  held  the  office  eight  years.  Mr.  Hubbard  was 
the  first  police  justice  under  the  city  charter,  holding  the  office  at  that 
time  two  years;  afterward  from  1864  to  1874,  and  from  1878  to  the 
present  time,  1881,  he  has  filled  the  same  position.  He  has  discharged 
the  duties  of  United  States  court  commissioner,  being  first  appointed 
by  Judge  Miller,  and  subsequently  by  Judge  Hopkins,of  the  United  States 
district  court,  and  holds  that  position  to  the  present  time.  Judge  Hub- 
bard has  also  held  various  local  offices  of  importance,  and  at  this 
writing  is  discharging  the  duties  of  police  justice,  which  office  he  has 


1  ■ . 


THE    BENCH    AND    BAR    OF    WISCONSIN.  IWJ 

held  for  sixteen  years,  having  been  placed  in  that  position  by  votes  of 
the  electors  of  the  city  of  La  Crosse. 

Charles  N.  Harris,  Viroqua,  whose  father  was  Mr.  Joseph  Har- 
ris, entered  upon  the  study  of  the  law  with  C.  M.  Butt  at  Viroqua,  and 
attended  the  State  University  law  school,  graduating  in  the  class  of 
1879,  at  which  time  he  was  admitted  to  the  bar  of  the  supreme  court  at 
Madison;  has  been  in  practice  at  Viroqua  with  H.  L.  Proctor,  the  firm 
being  Proctor  &  Harris,  subsequently  alone,  and  has  held  the  office  of 
justice  of  the  peace  at  Viroqua. 

William  E.  Howe,  La  Crosse,  was  born  in  Monona,  Clayton 
county,  Iowa,  January  17,  185 1,  his  parents  being  H.  E.  and  M.  A.  Howe. 
His  education  was  completed  in  the  University  of  Wisconsin,  after  which 
he  studied  law  with  J.  H.  Carpenter,  Madison,  and  was  admitted  to  the 
bar  in  that  city  in  1874.  He  practiced  his  profession  in  the  city  of 
St.  Louis  two  years,  and  has  been  in  successful  practice  in  La  Crosse 
six  years.  At  the  latter  place  he  was,  for  a  time,  in  partnership  with 
M.  Tourtelotte,  which  connection  was  dissolved  in  1881.  In  La  Crosse 
he  has  held  the  office  of  municipal  judge.  He  left  St.  Louis  for  the 
benefit  of  his  health,  leaving  a  good  practice  there,  but  has  been  equally 
successful  in  La  Crosse.  On  graduating  from  the  State  University  in 
June,  1873,  Judge  Howe  was  awarded  the  first  honors  of  the  class  in  the 
scientific  course.  Promptly  on  the  succeeding  day  he  entered  upon  the 
study  of  the  profession  he  had  chosen,  and  was  as  diligent  in  its  study 
as  he  has  since  been  industrous,  laborious  and  successful  in  its  |)ractice. 
When  in  practice  in  St.  Louis  he  was  in  parlnershij)  with  O.  B.  Givens, 
leaving  there  in  June,  1876. 

Joseph  W.  Losev,  La  Crosse,  was  born  at  Honesdale,  Pennsylvania, 
December  30,  1834.  his  parents  being  Kbenezer  T.  and  Lucy  M.  Losey. 
He  was  educated  at  Honesdale  Academy  and  Amherst  College;  studied 
law  with  Denison  &  Lyndes  at  La  Crosse ;  was  admitted  at  Sparta  in  Octo- 
ber, 1858;  practiced  in  company  with  James  (i.  Lyndes  in  La  Crosse  from 
1858  to  1 86 1,  with  .\ngus  Cameron  from  1861  to  1876,  and  then  with 
Angus  Cameron  and  Charles  W.  Bunn  up  to  the  present  time,  the  firm 
being  Cameron,  Losey  cV  Bunn. 


310  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Cyrus  K.  Lord,  La  Crosse,  was  born  in  Parsonfield,  York  county, 
Maine,  January  lo,  1811,  and  was  educated  at  Limerick  Academy  in 
ihe  same  county.  In  1837  he  came  west  and  settled  first  at  Galena, 
Illinois.  He  afterward  went  to  Platteville,  Wisconsin,  in  1838,  where  he 
began  the  study  of  law  with  B.  C.  Eastman.  He  was  admitted  to 
the  bar  in  1842  at  Lancaster,  and  commenced  practice  at  Potosi  in  the 
spring  of  that  year.  In  1853  he  came  to  La  Crosse,  where  he  has  since 
remained.  In  the  interval  from  1850  to  1853  he  was  county  judge  of 
Grant  county,  having  common  law  as  well  as  probate  jurisdiction.  From 
1853  to  1856  he  was  register  of  the  land  office  at  La  Crosse.  In  1874  he 
was  made  police  justice,  which  position  he  filled  for  about  four  years, 
and  is  now  somewhat  retired  from  the  active  duties  of  his  profession, 
enjoying  the  pleasures  of  a  competence,  and  the  respect  of  the  com- 
munity. 

Joseph  M.  Morrow,  Sparta,  was  born  at  East  Aurora,  Erie  county. 
New  York,  January  i,  1832.  His  parents  were  Henry  and  Mary  Mor- 
row. He  was  educated  at  the  East  Aurora  Academy;  studied  law  princi- 
pally with  L.  W.  Graves  at  Sparta;  was  admitted  to  the  bar  at  Sparta  in 
the  fall  of  1858,  and  has  practiced  at  Sparta  constantly  since  January  i. 
1867,  at  first  with  L.  W.  Graves,  under  the  firm  of  Graves  &  Morrow, 
fpr  three  years,  then  alone  with  the  exception  of  about  seven  years  with 
C.  M.  Masters,  the  firm  being  Morrow  &  Masters,  which  still  continues. 

Mr.  Morrow  was  member  of  the  assembly  of  this  state  in  1862,  dis- 
trict attorney  of  Monroe  county  five  terms,  president  of  the  village  of 
Sparta  two  terms,  and  candidate  for  attorney-general  on  the  democratic 
ticket  in  1876. 

G.  C.  Prentiss,  La  Crosse,  was  born  at  Georgia,  Franklin  county, 
Vermont,  January  11,  1S24;  was  admitted  to  the  bar  at  Burlington  in 
September,  1847,  and  practiced  in  his  native  slate  till  1852,  the  last  two 
years  being  associated  in  business  with  David  A.  Smalley,  late  district 
judge  for  the  United  States  for  the  district  of  Vermont.  In  November, 
1852,  he  removed  to  Wisconsin  and  formed  a  partnership  with  Judge 
L.  S.  Dixon,  at  Portage,  with  whom  he  practiced  till  1857.  In  187a  he 
removed  to  La  Crosse,  where  he  is  still  in  practice  in  partnership  with 
M.  P.  Wing. 


THE    BKNCH    AND    BAR    OF    WIS( ONSIN.  311 

Carl  C.  Pope,  Black  River  Falls,  was  born  at  Washington,  Orange 
county,  Vermont,  July  22,  1834,  and  his  parents  were  Ralph  and  Mary 
R.  Pope.  He  was  educated  at  the  Green  Mountain  Liberal  Institute, 
South  Woodstock,  Vermont;  studied  law  with  J.  P.  Kidder,  West 
Randolph,  Vermont,  now  of  Dakota;  was  admitted  to  the  bar  at  Chel- 
sea, Vermont,  in  January,  1856,  and  has  always  practiced  his  |)rofession 
at  Black  River  Falls  and  alone.  Mr.  Pope  has  filled  the  offices  of 
district  attorney,  county  judge,  member  of  the  assembly  and  of  the  state 
senate.  He  was  member  of  assembly  for  the  years  1862,  1863,  1877  and 
1878,  and  a  senator  for  the  years  1864  and  1865.  In  1863  he  was 
chairman  of  the  committee  on  federal  relations  of  tlie  assembly,  which, 
owing  to  the  war  then  pending  was  a  very  important  position,  and  its 
duties  were  discharged  in  a  faithful  manner  by  Judge  Pope.  He  was, 
in  1865,  chairman  of  the  judiciary  committee  of  the  senate;  and  though 
one  of  the  youngest  members  of  that  body,  ranked  among  the  ablest 
and  most  industrious.  In  1864  he  was  a  member  of  the  national  re|>ub- 
lican  convention,  which  nominated  Lincoln  and  Johnson  to  the  Presi- 
dency and  Vice-presidency  of  the  Union,  and  took  an  active  part  in 
the  canvass  which  followed.  When  in  the  assembly  at  the  session  of 
1877,  Judge  Pope  was  chairman  of  the  judiciary  committee,  and  the 
republican  leader  of  the  house.  His  friends  had  brought  forward  his 
name  for  the  speakership,  but  the  judge  declined  to  run  in  o|)position 
to  J.  B.  Cassoday,  who  was  accordingly  placed  in  the  chair.  Judge 
Pope  has  long  been  conspicuous  in  the  politics  of  the  state. 

As  a  lawyer.  Judge  Pope  is  a  most  thorough  and  indefatigable 
worker.  He  is  very  careful  in  the  preparation  of  his  pleadings,  and 
plumes  himself  upon  always  being  prepared  for  professional  labors, 
when  he  has  had  time  for  preparation.  He  is  a  forcible  and  persuasive 
advocate,  and  even  a  ready  speaker  when  called  upon  for  extempora- 
neous effort.  He  has  ever  been  a  deep  reader  of  the  law,  and  not  only 
the  books  of  the  law,  but  of  history  and  the  whole  field  of  belles-lettres, 
believing  that  a  wide  and  comprehensive  range  of  reading  is  of  great 
importance  to  the  practicing  lawyer.  In  his  department  he  is  ever 
courteous  and  respectful  to  the  bench  and  kind  and  accommodating  to 
the  members  of  the  bar.  Personally  he  has  ever  enjoyed  the  respect  ot 
the  profession,  and  the  confidence  of  the  courts  of  the  state. 


312  THE    BENCH    AND    BAR    OF    WISCONSIN. 

George  M.  Perry,  Black  River  Falls,  was  born  in  the  town  of 
Albion,  Jackson  county,  Wisconsin,  August  23,  1848,  and  is  the  son  of 
James  and  Lydia  Perry.  His  education  was  obtained  at  Howe  Semi- 
nary, Epswortb,  Iowa,  at  Denmark,  Iowa,  and  Urbana,  Illinois.  He 
read  law  while  engaged  in  teaching  school,  and  afterward,  under  the 
instruction  of  a  lawyer,  he  pursued  the  study  while  holding  the  office' of 
clerk  of  the  circuit  court,  and  was  admitted  to  the  bar  at  Black  River 
Falls  on  March  23,  1880,  but  has  not  been  in  actual  practice,  the  duties 
of  the  several  offices  he  has  been  holding  occupying  his  entire  time. 
These  offices  consist  of  clerk  of  circuit  court  of  previous  years,  and  he  is 
now  county  judge,  deputy  register  of  deeds,  and  deputy  county  clerk. 
Judge  Perry  was  appointed,  by  Governor  W.  E.  Smith,  county  judge  to 
fill  a  vacancy,  and  was  subsequently  elected  to  the  office  without  opposi- 
tion for  the  term  of  four  years,  commencing  January  1882. 

H.  W.  Proctor,  Viroqua,  was  born  in  Fairfax  county,  Vennont, 
January  25,  1843,  his  father  being  Henry  Proctor.  His  education  was 
acquired  in  both  Vermont  and  Wisconsin  •,  studied  law  with  R.  C.  Bierce 
&  Carson  Graham,  at  Viroqua;  was  admitted  at  Viroqua,  December  13, 
187 1,  and  has  been  in  practice  at  Viroqua  with  Carson  Graham,  W.  H. 
Carter  and  C.  N.  Harris.  From  January  i,  1876,  to  January  i,  1882, 
Mr.  Proctor  was  district  attorney  for  Vernon  county,  and  president  of 
the  village  of  Virocjua  for  1881  and  1882.  During  the  war  of  the  late 
rebellion  he  served  as  private  in  Company  D,  Forty-third  regiment  of 
Wisconsin  volunteers,  from  the  organization  of  the  regiment  until  the 
close  of  the  war. 

Lycurgus  J.  Rusk,  Viroqua,  was  bom  in  Morgan  county,  Ohio, 
March  13,  1852.  His  father  is  Jeremiah  M.  Rusk,  formerly  member  of 
the  United  States  house  of  representatives,  and  at  this  time  is  Governor 
of  Wisconsin.  His  mother  was  Mary  E.  Rusk.  His  literary  education 
was  completed  at  the  Wisconsin  State  University,  and  his  law  studies  at 
Dane  law  school  of  Harvard  College ;  read  law  with  Cameron  &  Losey, 
La  Crosse;  was  admitted  to  the  bar  at  La  Crosse  in  1874,  and  has 
since  been  in  practice  at  Viroqua.  His  firm  was  at  first  Rusk  &  Vinge, 
and  is  now  Rusk  &  Wyman.  Colonel  Rusk  is  the  governor's  private  and 
military  secretary  and  aid-de-camp  with  the  rank  of  colonel,  residing  in 
Madison  during  the  term  of  his  official  duties,  in  the  performance  of 
which  he  is  courteous,  able  and  popular. 


:«!. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  'M'^ 

H.  M.  Safford,  La  Crosse,  was  born  at  Cambridge,  Vermont,  May 
14,  1825,  and  was  educated  there,  in  his  earlier  days,  afterward  receiv- 
ing a  thorough  academical  education  at  Johnson  Academy,  Johnson, 
Vermont.  He  studied  law  with  Judge  Salmon  Wires  at  Johnson,  and 
with  Judge  H.  P.  Smith,  at  Hyde  Park.  In  1846  at  the  December  term 
of  the  Lamoille  county  court  he  was  admitted  to  practice.  Three  years 
later  he  was  admitted  to  the  supreme  court  at  Montpelier,  and  subse- 
quently to  the  United  States  courts  of  the  state.  He  began  practice  at 
Washington  county  in  1846,  where  he  continued  three  years,  when  he 
removed  to  Franklin  county,  where  he  continued  practice  from  1857  to 
1870.  During  this  time  he  was  deputy  collector  of  customs  at  Richford, 
a  frontier  port  of  entry,  for  dve  years,  from  1852  to  1857.  In  Novem- 
ber, 1870,  he  came  to  La  Crosse,  where  he  is  still  in  active  practice  in 
the  state  and  United  States  courts.  In  1874  he  was  appointed  district 
attorney  for  La  Crosse  county  to  fill  a  vacancy  of  one  year  and  nine 
months,  at  the  end  of  which  time  he  was  elected  to  the  same  position 
for  the  regular  term  of  two  years.  Mr.  Safford  is  also  justice  of  the 
peace. 

Thomas  B.  Tyler,  Sparta,  was  born  at  Cochecton,  Sullivan  county, 
New  York,  January  12,  1824.  His  parents  removing  their  residence 
when  he  was  quite  young  to  Seneca,  Ontario  county,  he  was  brought  up 
on  a  farm,  attended  the  public  schools  during  the  winter  months  until 
eighteen  years  of  age,  when  he  entered  the  Canandaigua  Academy,  and 
spent  two  terms  there  supported  on  his  own  resources.  For  several 
years  thereafter  he  was  employed  in  successful  teaching.  Having  an 
inclination  for  professional  life,  he  at  first  chose  that  of  medicine,  and, 
leaving  school  teaching,  read  with  Doctor  Francis  Dcane  one  year  at 
Gorham,  Ontario  county.  At  the  end  of  this  time,  the  gold  excitement 
breaking  out,  he  went  to  California.  Returning  home  after  two  years 
absence,  he  settled  down  at  Coudersport,  Pennsylvania,  in  1852.  The 
succeeding  year  he  was  elected  prothonotary,  and  clerk  of  the  courts. 
While  holding  these  offices  he  commenced  the  study  of  law,  which  he 
pursued  until  1857  when  he  was  admitted  to  the  bar.  Removing  to 
Sparta  the  same  year  he  entered  into  practice  with  Milton  Montgomery. 
At  the  commencement  of  the  late  war  Mr.  Montgomery  entered  the 
army  as  colonel  of  the  Twenty- fifth  Wisconsin  regiment,  at  which  time 
8.  N.  Dickinson  was  added  to  the  firm.  Colonel  Montgomery  retaining 


314  THE    BENCH    AND    BAR    OK    WISCONSIN. 

his  interest  in  the  business  during  his  continuance  in  the  military  ser- 
vice, and  until  1873,  when  he  removed  to  Lincoln,  Nebraska,  leaving 
the  firm  Tyler  &  Dickinson,  which  still  continues. 

Mr.  Tyler  was  an  ardent  war  democrat,  and  was  active  in  measures 
supporting  the  armies  in  the  field.  As  a  citizen  he  has  always  taken  an 
earnest  interest  in  business  enterprises  of  the  place ;  has  been  vice  presi- 
dent of  the  First  National  Bank  of  Sparta  since  its  organization;  has 
often  served  in  the  council  of  the  village,  and  was  its  president  four 
years.  Although  choosing  to  be  a  lawyer,  and  not  an  active  politician, 
he  went  as  a  delegate  to  the  democratic  national  convention  that  met 
in  New  York  city  in  July,  1867,  when  Horatio  Seymour  was  nominated 
candidate  for  president ;  and  once  he  permitted  his  name  to  be  used 
as  a  candidate  for  state  senator,  and  ran  ahead  of  his  party  ticket.  Mr, 
Tyler  takes  much  interest  in  masonic  matters,  and  has  held  the  highest 
offices  in  the  order,  in  Sparta,  and  the  state.  Mrs.  Tyler  is  the  daughter 
of  Doctor  Duane,  the  old  medical  preceptor  of  Mr.  Tyler,  and  they  have 
one  child,  Mrs.  Ira  A.  Hill,  of  Sparta. 

Mills  Tourtellotte,  La  Crosse,  is  a  native  of  Holyoke,  Massa- 
chusetts, and  was  born  August  31,  1853.  When  about  two  years  of  age 
his  parents  moved  to  La  Crosse  county,  Wisconsin,  where  they  pur- 
chased a  considerable  tract  of  land  just  out  of  the  present  village  of 
West  Salem,  La  Crosse  county,  where  they  now  reside.  His  father,  M. 
L.  Tourtellotte,  was  among  the  earliest  settlers  of  La  Crosse  county,  he 
having  come  here  in  1855,  and  shortly  thereafter  assisted  to  lay  out  the 
village  of  West  Salem.  The  subject  of  this  sketch  was  educated  at  the 
University  of  Wisconsin,  and  he  graduated  in  the  law  class  of  1875.  ^^ 
June  of  the  same  year  he  was  admitted  to  the  bar  at  Madison,  Wiscon- 
sin, and  moved  to  the  city  of  La  Crosse,  where  he  further  prosecuted  his 
studies  in  the  offices  of  B.  F.  Bryant,  and  Lyndes  &  Burroughs  until 
August  I,  1876,  when  the  copartnership  of  Howe  &  Tourtellotte  was 
formed.  Mr.  Tourtellotte  continued  to  be  a  member  of  the  firm  of 
Howe  &  Tourtellotte  until  the  month  of  May,  1881,  when  the  copart* 
nership  was  dissolved.  After  the  dissolution  of  the  firm  of  Howe  & 
Tourtellotte  he  continued  the  practice  of  his  profession  in  the  offices 
formerly  occupied  by  the  firm.  Mr.  Tourtellotte  was  married  in 
August,  1878,  to  Miss  Lillie  Woodbury,  daughter  of  Captain  W.  W. 
Woodbury,  of  Somerville,  Middlesex  county,  Massachusetts. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  315 

Louis  Tollefron,  Viroqua,  was  born  in  Norway,  June  28,  185 1; 
iras  educated  in  Iowa  and  Wisconsin ;  attended  the  La  Crosse  Business 
College  in  1872  and  1873;  read  law  with  H.  P.  Proctor  at  Viroqua; 
was  admitted  to  the  bar  at  Viroqua,  October  26,  1881,  and  is  in  prac- 
tice with  H.  P.  Proctor  at  Viroqua. 

Frank  J.  Toeller,  La  Crosse,  was  born  at  Cologne,  Prussia,  Octo- 
ber 20,  1856,  and  came  to  this  country  in  1859,  with  his  parents,  settling 
in  Minnesota.  At  the  time  of  the  Indian  raid  in  1861,  he  left  with  his 
parents  and  came  to  La  Crosse,  where  he  was  educated,  and,  after  study- 
ing law  with  T.  J.  Widvey,  was  admitted  to  practice  November  1 1,  1878. 
He  began  practice  in  La  Crosse  the  same  year,  and  in  1879  formed  a 
partnership  with  C.  J.  Stevens.  He  was  elected  justice  of  the  peace 
November  5,  1878,  to  fill  a  vacancy,  and  was  reelected  in  1880.  He 
dissolved  partnership  with  C.  J.  Stevens  in  1880,  and  formed  a  copart- 
nership with  H.  S.  Daniels  the  same  year. 

William  F.  Terhune,  Viroqua,  was  a  native  of  Northumberland, 
New  York,  born  July  10,  1821.  His  grandfather  was  a  soldier  in  the 
war  of  the  revolution,  and  his  father  an  officer  in  that  of  1812.  Until 
seventeen  years  of  age  he  was  employed  upon  his  father's  farm  in  sum- 
mer, and  attended  the  district  school  in  the  winter.  He  then  com- 
menced teaching,  which  he  pursued  while  dividing  his  time  in  attendance 
at  the  Troy  conference  and  Castleton  academies,  Vermont,  and  Schuy- 
lerville  and  Amsterdam  academies.  New  York.  During  his  academic 
course  he  was  selected  to  deliver  three  valedictory  addresses.  In  1843 
he  entered  Union  College,  but  want  of  means  prevented  his  graduating. 
He  then  resumed  teaching,  which  he  pursued  until  1846,  when  he  com- 
menced the  study* of  the  law  in  the  office  of  P.  H.  Sylvester,  Coxsackie, 
New  York,  and  was  enabled  to  complete  his  course,  by  means  derived 
from  filling  the  office  of  county  superintendent  of  schools  for  Green 
county,  to  which  he  was  chosen  in  1846.  He  was  admitted  to  the  bar 
of  the  supreme  court  at  Albany  in  1848,  and  commenced  practice  at 
Athens.  He  superintended  taking  the  census  of  1850  for  the  southern 
district  of  New  York.  On  August  5,  1851,  Judge  Terhune  landed  in 
Wisconsin,  and  became  a  pioneer  at  Viroqua,  where  he  has  since  re- 
sided, in  the  practice  of  his  profession.  He  has  been  county  judge, 
member  of  the  assembly,  court  commissioner,  chairman  of  the  board  of 
supervisors,  and  filled  various  other  offices  in  the  county. 


'Jni  THK    BENCH    AND    HAR    OF    WISCONSIN. 

Merrick  P.  Wing,  La  Crosse,  was  born  at  Hinsdale  in  Berkshire 
county,  Massachusetts,  September  lo,  1833,  and  came  to  Michigan  with 
his  parents,  at  the  age  of  about  four  years.  Part  of  his  education  was 
obtained  at  common  school  in  Michigan.  In  1853  he  returned  to  his 
native  state  and  completed  his  education  at  Hinsdale  Academy.  In 
1855  he  came  to  Portage,  Wisconsin,  where  he  afterward  began  the 
study  of  law.  He  was  a  member  of  the  law  school  of  Michigan  Univer- 
sity in  the  years  1861  and  1862.  He  was  admitted  to  practice  by  Judge 
H.  S.  Orton  at  Portage,  upon  the  conclusion  of  his  law  studies  in  1862, 
and  came  to  La  Crosse  in  1863,  where  he  has  since  remained.  Since 
1872  Mr.  Wing  has  been  in  partnership  with  Judge  G.  C.  Prentiss.  In 
1876  he  was  elected  state  senator,  served  the  term  acceptably  to  his  con- 
stituents, and  was  again  elected  in  1880.  At  the  session  of  1881  Senator 
Wing  served  on  the  committees  on  the  judiciary  and  public  lands. 

G.  M.  WcK)i)WARD,  La  Crosse,  was  born  in  Washington,  District  of 
Columbia,  December  25,  1835.  In  the  capacity  of  printer  and  proof- 
reader he  was  in  the  office  of  The  National  Intelligencer  from  1850  to 
i860,  at  which  time  he  came  to  Wisconsin  and  began  the  study  of  law 
at  La  Crosse,  where  he  was  admitted  to  the  bar  in  April,  186 1.  Enlist- 
ing as  a  private  of  Company  IJ,  Second  Wisconsin  regiment,  May  22, 
1861 ;  in  September  of  same  year  he  was  made  orderly  sergeant;  and 
later  held  commissions  of  second  and  first  lieutenant  and  adjutant. 
During  the  Gettysburg  campaign,  in  which  he  was  wounded,  he  was 
aide-de-camp  on  the  staff  of  the  first  brigade,  first  division  of  the  first 
army  corps.  During  the  Wilderness  campaign  he  held  the  same  posi* 
tion  in  the  fifth  army  corps.  July  30,  1864,  he  was  mustered  out  at  Madi- 
son, and  has  since  practiced  law  at  La  Crosse.  He  was  district  attor- 
ney of  his  county  for  eight  years,  from  1866  to  1874;  was  elected 
alderman  in  186S,  and  held  the  office  for  two  terms  of  three  years  each ; 
was  mayor  in  1874,  and  a  candidate  for  state  senator  on  the  democratic 
and  liberal  ticket  in  1872. 

Ovis  B.  Wyman,  Viroqua,  was  born  in  the  State  of  Vermont,  was 
educated  at  Wisconsin  State  University;  read  law  at  Viroqua;  was 
admitted  to  the  bar  at  Viroqua  in  1878;  is  in  practice  with  Colonel  L. 
J.  Rusk  at  Viroqua,  the  firm  being  Rusk  &  Wyman;  has  filled  the  office 
of  county  superintendent  of  schools,  and  that  of  district  attorney  for  the 
county  of  Vernon. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  31? 

SEVENTH    CIRCUIT. 

Elisha  L  Bump,  Wausau,  was  born  in  Otsego  county,  New  York, 
July  ID,  1849.  Completing  his  education  at  an  academy  in  that  state, 
he  studied  law  in  1868  and  1869  with  V.  A.  Willard,  at  Belmont,  New 
York,  finishing  his  course  with  E.  L.  Browne,  Waupaca,  Wisconsin, 
and  was  admitted  to  the  Waupaca  county  bar  in  December,  1870. 
Eocating  at  Wausau,  he  entered  into  practice  in  partnership  with  W. 
C.  Silverthorn,  in  November,  187 1.  In  February,  1874,  he  was  ad- 
mitted to  practice  in  the  supreme  court  of  the  state,  and  held  the 
office  of  district  attorney  for  Marathon  county  in  1873  and  1874.  He 
removed  to  Waupaca  in  May,  1875,  and  was  in  partnership  with  E.  L. 
Browne,  at  that  place,  until  March,  1879,  when  he  again  located  at 
Wausau,  where  he  now  resides  and  is  engaged  in  the  practice  of  his 
profession.  While  living  at  Waupaca  he  was  chairman  of  the  board 
of  supervisors  of  Waupaca  county  for  1877  and  1878.  Mr.  Bump  is 
a  member  of  the  order  of  I.  O.  O.  F.,  and  of  the  blue  lodge  chapter 
and  council  of  the  F.  and  A.  Masons. 

Charles  T.  Crosby,  Wausau,  was  born  in  Jefferson  county,  Wis- 
consin, December  12,  1847,  and  was  educated  in  the  public  schools, 
the  Bronson  Institute,  Point  Bluff,  completing  his  studies  at  the  Kil- 
bourn  Institute,  Kilbourn  City.  He  read  law  with  J.  Bowman, 
Kilbourn  City,  and  was  admitted  in  the  fall  of  1870,  at  Friendship, 
Adams  county.  His  practice  has  been  at  Luverne,  Minnesota,  and 
with  B.  W.  James,  his  present  partner,  at  Wausau,  where  he  now 
resides.  When  living  in  Minnesota  he  held  the  office  of  county  judge 
for  Rock  county;  was  district  attorney  for  the  same  county  in  1872, 
1873  and  1874;  was  elected  to  the  Minnesota  legislature  in  1874;  came 
10  Wausau  in  July,  1875,  and  in  1877  was  elected  district  attorney  for 
Marathon  county.  Mr.  Crosby  is  a  member  of  Forest  Lodge  of  F.  and 
A.  Masons  at  Wausau,  also  of  Wausau  Chapter  R.  A.  Masons,  the  Ber- 
lin Commandcry  of  Knights  Templar,  and  a  member  of  the  Knights 
of  Honor,  and  the  I.  O.  of  Odd  Fellows. 

Mr.  Crosby  is  now  member  of  the  state  senate,  having  been  elected 
November,  1880,  as  a  republican,  by  a  majority  of  1,074  votes,  in  a 
strongly  democratic  district,  over  George  W.  Cate,  ex-member  of 
Congress  of  the  eighth  congressional  district.  P'or  the  session  of  the 
legislature  of   1881   Senator   Crosby  served  on  the  committee  on    the 


318  THE    BENCH    AND    BAR    OF    WISCONSIN. 

judiciary  and  on  engrossed  bills,  and  on  important  committees  at  the 
session  of  1882. 

Charles  T.  Eldred,  Wausau,  was  bom  in  Warren,  Pennsylvania, 
in  1841 ;  was  educated  at  the  University  of  Northern  Pennsylvania; 
read  law  in  Pennsylvania;  was  admitted  in  December,  1861 ;  entered 
the  army  in  1862  in  the  Eleventh  Regiment  New  York  cavalry,  and 
served  till  the  close  of  the  war ;  practiced  law  in  Howsdale,  Penn- 
sylvania, until  1873,  when  he  came  to  Wausau,  Wisconsin,  where  he 
has  since  resided  in  the  practice  of  his  profession.  He  was  district 
attorney  of  Wayne  county,  Pennsylvania,  one  term,  assessor  of  inter- 
nal revenue  during  President  Johnson's  administration,  and  is  now 
district  attorney  of  Marathon  county. 

James  A.  Felch,  Stevens  Point,  was  born  in  the  town  of  Somers, 
Kenosha  county,  Wisconsin,  and  his  parents  were  Alson  and  Aurilla 
Felch.  He  was  educated  at  Hillsdale,  Michigan.  Commencing  the 
study  of  law  with  D.  L.  Shorey,  in  Chicago,  he  completed  it  in  the 
Chicago  Law  School,  and  was  admitted  to  the  bar  in  June  1869.  He 
settled  at  Stevens  Point  in  the  spring  of  1870,  where  he  has  ever  since 
resided.  Practicing  alone  for  six  years,  he  was  in  partnership  with  A. 
H.  Lamoreux  during  1877,  1878  and  1879.  He  was  city  attorney  one 
year  from  the  spring  of  1875,  ^"^  ^s  now  justice  of  the  peace,  having 
held  the  office  seven  years  consecutively. 

Frank  M.  Guernsey,  Clintonville,  was  born  in  Chenango  county* 
New  York,  February  22,  1839;  was  educated  at  Oberlin,  Ohio;  studied 
law  with  Wheeler  and  Kimball  at  Herlin,  Wisconsin ;  was  admitted  to 
the  bar  at  Berlin  in  1862,  and  is  in  practice  at  Clintonville.  In  August, 
1862,  Mr.  Guernsey  enlisted  as  a 'private,  and  was  discharged  in  June, 
1865,  as  captain  of  Company  E,  Thirty-second  Wisconsin  regiment, 
having  participated  in  all  the  battles  in  which  the  regiment  was  engaged 
during  the  campaigns  in  which  it  took  part. 

M.  A.  Hurley,  Wausau,  was  born  in  Ottawa,  Canada,  October  23, 
1840,  and  his  ])arents  brought  him,  when  in  his  infancy,  to  Ogdensburg, 
New  York,  where  his  father  died  when  this  son  was  between  nine  and 
ten  years  of  a-^e      He  attended  public  schools  in  his  younger  years,  and 


.,-lV 


THE    BENCH    AND    BAR    OF    WISCONSIN.  319 

was  prepared  for  college,  but  ill  health  prevented  his  going  through  a 
course,  and  he  had  three  years'  instruction  under  private  tutors.  In 
1856  he  came  to  Wisconsin,  read  law  with  Ryan  &  Kimball,  Green 
Lake  county,  and  was  admitted  to  the  bar  in  1868  in  that  county. 
Subsequently  he  was  elected  and  served  as  district  attorney  for  Green 
Lake  county,  which  office  he  resigned  and  went  to  Wausau,  where  he 
formed  a  partnership  with  W.  C.  Silverthorn,  which  connection  con- 
tinues. Mr.  Hurley  is  considered  by  his  associates  of  the  Marathon 
county  bar  and  elsewhere,  as  a  rising  young  lawyer. 

Willis  Wilson  Haseltine,  Stevens  Point,  was  born  in  Brooklyn, 
Green  county,  Wisconsin,  and  his  parents  were  J.  W.  and  Sarah  A. 
Haseltine.  He  was  educated  at  Evansville  Seminary,  Evansville,  Wis- 
consin. Subsequently  he  studied  law  in  the  office  of  Orton,  Keyes  & 
Chynowcth  at  Madison,  graduated  from  the  State  University  Law  School, 
and  was  admitted  to  the  bar,  at  Madison,  by  the  supreme  court,  June 
20,  1876.  He  settled  down  in  the  practice  of  his  profession  at  Stevens 
Point,  and  is  connected  with  J.  O.  Raymond  in  the  firm  of  Raymond  & 
Haseltine  Mr.  Haseltine  has  achieved  eminent  success  in  his  law 
practice,  and  high  standing  as  a  citizen. 

B.  W.  James,  Wausau,  was  born  at  Otsego,  Columbia  county,  Wis- 
consin, September  .2,  1847.  His  father,  Stephen  James,  was  a  pioneer 
farmer  of  this  state,  having  settled  at  Otsego  as  early  as  1844.  His  son, 
B.  W.  James,  was  two  years  a  student  in  the  Wayland  University,  at 
Beaver  Dam,  afterward  went  through  a  course  of  study  at  the  State 
University,  from  which  he  graduated  in  June,  1872,  with  honors.  He 
then  entered  the  University  Law  School,  from  which  he  graduated  in 
the  class  of  1873.  In  October  of  the  same  year  he  entered  into  practice 
at  Wausau,  and  has  been  in  partnership  with  C.  F.  Crosby  nearly  all  the 
time  since.  He  has  been  superintendent  of  the  Wausau  city  schools 
seven  years,  and  is  one  of  the  board  of  visitors  of  the  Stale  University. 
Mr.  James  has  met  with  eminent  success  in  the  business  of  life.  In 
September,  1873,  he  married  Miss  May  Haines,  of  Columbus,  and  they 
have  several  children.  Mrs.  James  is  notable  for  valuable  and  interest- 
ing contributions  to  the  press,  before  and  since  her  marriage. 

19 


3*^0  THK    BKNCH    AND    BAR    OF    WISCONSIN. 

D.  Lloyd  Jones,  Stevens  Point,  was  born  in  the  parish  of  Stanfair, 
Denbighshire,  North  Wales,  October  9,  184 1,  his  parents  being  Edward 
and  Anna  Maria  Jones,  and  was  educated  in  the  public  schools  of  that 
country.  He  immigrated  to  Wisconsin  in  the  year  1858.  Mr.  Jones  has 
a  meritorious  war  record,  having  enlisted  December  9,  1861,  as  a  pri- 
vate in  Company  C,  Sixteenth  Wisconsin  regiment,  and  went  to  the 
front.  He  was  engaged  in  all  the  battles  in  which  that  regiment  partici- 
pated ;  was  wounded  in  a  charge  on  the  enemy's  works  on  Leggett's 
Hill  before  Atlanta;  was  i)romoted  to  second  lieutenant  of  Company  C, 
August  4,  1864,  and  to  adjutant  of  his  regiment,  February  17,  1865,  and 
was  mustered  out  after  the  close  of  the  war,  August  4,  1865.  He  after- 
ward commenced  the  study  of  law,  and  graduated  at  the  State  University 
Law  School,  at  Madison,  and  was  admitted  to  practice  by  the  stale 
supreme  court  in  June  1871.  Settling  at  Stevens  Point  he  commenced 
practicing  law  in  partnership  with  G.  L.  Park,  which  partnership  con- 
tinued until  NLirch  4,  1875,  and  from  August,  1876,  to  the  present  time 
he  has  been  in  partnership  with  A.  W.  Sanborn. 

C.  S.  Ogden,  Waupaca,  was  born  at  Cannonsville,  Delaware  county, 
New  York,  August  2,  1819.  After  receiving  an  academic  education  he 
removed  in  1834  to  western  Michigan,  where  he  resided  for  fourteen 
years,  serving  as  school  inspector,  and  in  some  other  minor  offices.  In 
1848  he  located  at  Plover,  Portage  county,  Wisconsin.  Six  years  later 
he  removed  to  Waupaca  county,  where  he  founded  the  village  of  Og- 
densburgh.  In  1856  he  was  admitted  to  the  bar,  and  is  still  practicing 
law,  and  serving  as  county  judge.  Being  a  very  public-spirited  citizen, 
and  having  an  eminent  capacity  for  public  duties,  Judge  Ogden  has 
been  persistently  conscripted  by  his  fellow  citizens,  and  has  held  some 
public  office  every  year  since  his  arrival  in  the  state  except  the  first. 
He  was  never  defeated  for  an  elective  office.  He  has  also  engaged  in 
numerous  industrial  enterprises, —  saw  mills,  foundries  and  machine 
shops,  in  which  he  seems  to  have  been  followed  by  an  untiring  fate,  hav- 
ing lost  no  less  than  $25,000  by  fire.  He  also  established  the  Waupaca 
county  Republican,  the  New  London  Times,  and  assisted  in  establishing 
the  Taylor  county  News  and  Waupaca  Post,  all  of  which  papers  are 
still  in  vigorous  existence.  Judge  Ogden  is  a  son  of  Abraham  Ogden, 
who  took  up  his  residence  at  Madison,  Wisconsin,  in  1846,  and  was  an 
honored  citizen  of  that  place  until  he  died  at  an  advanced  age.     His 


;  -  -frj 


THE    BENCH    AND    BAR    OF    WISCONSIN.  321 

mother  is  still  living  at  the  age  of  eighty-two,  and  is  quite  as  well  pre- 
served as  most  ladies  of  fifty. 

William  H.  Packard,  Stevens  Point,  was  born  in  Springfield, 
Massachusetts,  December  24,  1828.  When  he  was  seven  years  of  age 
his  parents  removed  to  York,  Medina  county,  Ohio,  where  he  remained 
with  them  until  May,  1850,  when  he  came  to  southern  Wisconsin.  In 
December  of  the  same  year  he  removed  to  Washara  county,  and  in 
June,  1853,  to  Stevens  Point.  In  the  fall  of  1854  he  went  to  Mara- 
thon county,  where  he  was  engaged  in  building  mills  until  the  spring 
of  1856,  when  he  returned  to  Stevens  Point,  and  continued  in  the 
same  business  in  that  section  for  some  length  of  time.  In  the  fall  of 
1858  he  was  elected  register  of  deeds  for  Portage  county,  and  held 
the  office  by  reelection  until  January,  1867,  when  he  received  the 
appointment  of  clerk  of  the  circuit  court,  and  served  until  June  1872. 
In  June  of  the  same  year  he  commenced  the  practice  of  law  in  part- 
nership, four  years,  with  J.  O.  Raymond,  at  Stevens  Point.  He  was 
elected  district  attorney  for  Portage  county  in  1874,  and  held  the  office 
by  reelection  until  1880.  While  serving  as  clerk  of  the  court  he  was 
again  elected;  in  the  fall  of  1870,  register  of  deeds,  and  fulfilled  the 
duties  of  both  offices  until  1872,  when  he  was  again  elected  register 
of  deeds.  While  serving  his  second  term  as  register  of  deeds  he  was 
deputy  county  treasurer,  and  discharged  the  duties  of  both  offices, 
and  while  serving  his  third  and  fourth  terms  as  register  was  appointed 
under-sheriff  and  jailer,  and  discharged  the  duties  of  both  offices, 
virtually  ^performing  all  the  duties  of  sheriff  during  the  time.  During 
the  years  1861  and  1862  he  was  likewise  de|)uty  county  treasurer. 
For  the  greater  portion  of  the  terms  that  he  was  register  of  deeds  and 
clerk  of  the  court  he  was  deputy  clerk  of  the  board  of  supervisors. 
While  residing  at  Plover,  before  the  removal  of  the  county  seat  to 
Stevens  Point,  he  was  assessor  and  chairman  of  the  board  of  supervisors. 
In  1874  he  was  elected  district  attorney  for  Portage  county,  and  re- 
elected in  1878  and  1880. 

In    February,  1853,  Mr.  Packard  married    Elizabeth  A.  Beach,  at 
Oasis,  Wisconsin,  and  they  have  seven  children. 

MvRON  Reed,  Waupaca,  was  born  at  Massena,  St.  Lawrence  county, 
New    York,    September   19,   1836,    his    parents    being   Ileman    L.    and 


ii22  THK    BENCH    AND    BAR    OF    WISCONSIN. 

Sophia  Reed.  He  was  educated  at  Union  Academy,  Belleville,  Jef- 
ferson county,  New  York.  He  commenced  the  study  of  law  in  the 
office  of  D.  D.  Mott,  Massena,  in  1856,  and  afterward  attended  two 
terms  of  the  law  school  at  Albany,  in  1857  and  1858,  and  was  admitted 
to  the  bar  the  latter  year.  In  the  spring  of  1859  he  came  to  Waupaca, 
where  he  has  since  resided,  and  commenced  practice  in  company  with 
M.  H.  Sessions,  with  whom  he  •continued  for  about  seven  years;  since 
which  time  he  has  been  alone,  and  has  succeeded  in  building  up  as 
large  a  practice  as  any  attorney  in  Waupaca  county.  Mr.  Reed, 
though  averse  to  holding  office,  has  always  manifested  an  interest  in 
politics,  being  one  of  the  staunchest  and  most  faithful  democrats  in 
northern  Wisconsin.  At  one  time  he  served  as  district  attorney  of 
Waupaca  county,  having  been  appointed  to  that  position  by  Governor 
Fairchild  to  fill  a  vacancy.  He  was  state  senator  in  187 1  and  1872,  being 
upon  the  judiciary  and  other  important  committees.  To  him  belongs 
the  credit  of  securing  the  passage  of  the  constitutional  amendment 
restricting  local  legislation.  He  has  been  mayor  of  the  city  of 
Waupaca,  and  member  of  the  board  of  supervisors.  To  his  influence, 
skill  and  perseverance,  Waupaca  county  is  indebted  for  the  fine  new 
court-house  now  in  process  of  erection.  He  is  at  the  head  of  the 
Masonic  fraternity  in  his  city,  and  to  his  devotion  to  that  institution 
is  due  the  fact  that  Waupaca  boasts  one  of  the  most  prosperous  lodges 
in  the  state.  Mr.  Reed  has  been  identified  with  several  public  enter- 
prises in  his  part  of  the  state,  all  of  which  have  prospered.  He  has 
filled  many  positions  of  public  trust  and  confidence,  and  has  never 
been  recreant  to  any. 

James  O.  Raymond,  Stevens  Point,  was  born  in  the  town  of 
McDonough,  Chenango  county.  New  York,  May  31,  1831.  His  parents 
were  Edward  and  Maria  Osborn  Raymond.  He  attended  common 
schools,  and  the  academies  at  Newark  Valley  and  Owego,  Tioga 
county.  New  York.  At  the  age  of  twentv-two  he  commenced  studying 
law  with  John  M.  Parker,  at  Owego,  New  York.  In  the  spring  of  1855 
he  came  to  Wisconsin,  and  in  the  spring  of  1856  located  at  Plover, 
and  on  May  26,  1856,  was  admitted  to  practice  in  the  circuit  courts  of 
this  state,  and  immediately  formed  a  copartnership  with  Luther  Han- 
chett,  for  the  practice  of  law,  which  continued  until  his  death  in  1869. 
At  the  November  election,  in  1856,  he  was  elected  district  attorney  for 


THE    BENCH    AND    BAR    OF    WISCONSIN.  323 

Portage  county,  and  in  1858  was  reelected.  In  February,  1865,  he 
entered  the  army  as  orderly  sergeant  of  Company  C,  Fifty-second  Wis- 
consin regiment,  and  served  until  the  regiment  was  disbanded  in  August 
of  that  year.  He  was  elected  member  of  the  assembly,  and  served 
during  the  session  of  1866;  was  a  member  of  the  judiciary  committee, 
and  committee  on  incorporations.  He  was  elected  district  attorney  of 
Portage  county  in  1866,  and  served  two  years.  In  July,  1873,  ^^ 
removed  to  Stevens  Point,  where  he  has  since  resided.  In  1875  he  was 
a  candidate  for  circuit  judge  against  G.  L.  Park,  present  incumbent. 
In  1877  he  formed  a  copartnership  for  the  practice  of  law,  with  W.  VV. 
Haseltine,  which  still  continues.  In  March,  1881,  he  was  appointed 
postmaster  at  Stevens  Point,  by  President  Garfield,  and  still  holds  the 
office.  February  26,  1866,  he  was  admitted  to  practice  in  the  supreme 
court  of  this  state,  and  June  2,  1873,  ^^  ^^^  United  States  circuit  and 
district  courts  of  the  state. 

Albert  W.  Sanborn,  Stevens  Point,  was  born  at  Swanton,  Vermont, 
January  17,  1853;  was  educated  at  Muskingum  College,  New  Concord, 
Ohio;  read  law  with  Barnes  &  Anderson,  at  Cambridge,  Ohio;  was 
admitted  to  the  bar  at  Cambridge,  Ohio,  April  16,  1876,  and  is  in 
practice  with  D.  Lloyd  Jones,  at  Stevens  Point. 

EIGHTH    circuit. 

William  Pitt  Bartlett,  Eau  Claire,  is  a  native  of  Maine,  but  has 
lived  so  many  years  in  this  state,  and  has  been  so  closely  identified  with 
all  public  matters  pertaining  to  the  welfare  of  Wisconsin  during  the  past 
quarter  of  a  century  that  he  is,  it  might  be  said,  **  to  the  manor  born." 
He  was  born  September  13,  1829,  at  Minot,  Maine,  and  is  the  son  of 
John  H.  and  Phebe  Bartlett.  In  March,  1833,  his  father  moved  to  New 
Portland,  then  almost  an  unbroken  wilderness  in  the  northern  part  of 
Maine,  and  it  was  at  this  place  that  the  subject  of  this  sketch  passed  his 
boyhood  and  early  youth.  At  fifteen  years  of  age  he  commenced  teach- 
ing school  winters,  and  at  the  same  time  preparing  himself  for  college. 
In  1849  he  entered  Waterville  College,  at  VV^atervillc,  Maine,  and  gradu- 
ated four  years  later  in  1853.  He  immediately  commenced  the  study  of 
law,  and  in  the  meantime  supporting  himself  by  teaching  school.  In 
the  fall  of  1855  we  find  him  coming  west  to  seek  a  wider  and  larger 
field  of  action.     He  stopped  at  Watertown,  where  he  remained  until  the 


324  THE    BENCH    AND    BAR    OF    WISCONSIN. 

spring  of  1877,  and  then  moved  to  Eau  Claire.  At  that  time  Eau  Claire 
was  a  mere  village  with  but  few  inhabitants,  and  no  lawyer  in  the 
county  before  Mr.  Bartlett  made  that  his  home,  and  commenced  the 
practice  of  his  profession.  From  that  time  until  the  present,  which  is 
twenty-four  years,  no  lawyer  in  the  state  has  devoted  himself  with  more 
zeal,  energy  and  untiring  perseverance  to  his  profession  than  has  Mr. 
Bartlett.  Possessed  with  a  fine  classical  education,  his  mind  thoroughly 
trained,  and  being  in  the  prime  of  early  manhood,  he  was  well  fitted  to 
make  his  mark  among  the  lawyers  of  the  state. 

In  i860  he  was  admitted  to  the  supreme  court  of  the  state,  and  in 
1874  to  the  supreme  court  of  the  United  States.  His  practice  in  Eau 
Claire  and  surrounding  counties  has  been  large,  and  especially  in  cases 
in  the  supreme  and  higher  courts.  Brought  in  contact  with  the  best 
lawyers  of  the  state  he  has  ably  and  well  obtained  the  standing  and  rep- 
utation of  being  one  of  the  best  and  most  faithful  lawyers  in  the  state. 
In  politics  he  is  a  firm,  unrelenting  republican,  and  one  of  the  founders  of 
the  republican  party.  Though  not  allowing  politics  to  interfere  with 
his  profession,  he  has  been  called  upon  to  hold,  and  has  held,  several 
offices  of  honor  and  trust.  In  1857  he  was  elected  district  attorney  of 
Eau  Claire  county  which  he  held  two  years;  in  i860  he  was  mem- 
ber of  Wisconsin  legislature;  in  i860,  1861  and  1862,  county  judge 
of  Eau  Claire  county;  from  1863  to  1867,  district  attorney;  again  of 
Eau  Claire  county  in  1873;  again  elected  to  the  legislature  in  1874; 
and  was  appointed  register  of  the  United  States  Land  Office,  which 
position  he  held  for  four  years  with  much  credit.  He  is  now,  fifty-two 
years  of  age,  and  as  active  as  when  a  young  man  commencing  practice. 
Mr.  Bartlett  was  married  in  1861  to  Miss  Hattie  Hart,  daughter  of 
Edward  W.  Hart,  of  Raraboo,  and  they  have  one  daughter  and  four 
sons.  At  this  date,  October,  1881,  the  daughter,  now  nineteen  years 
old,  is  attending  the  State  Normal  School,  at  Oshkosh,  and  the  eldest 
son,  a  young  man  of  seventeen  years,  is  a  cadet  in  the  senior  class  of 
the  military  academy  at  Orchard  Lake,  Michigan. 

Mr.  Bartlett  is  still  in  the  active  practice  of  his  profession,  and  of 
the  firm  of  Bartlett  \'  Hayden.  Always  deeply  interested  in  all  educa- 
tional and  public  concerns,  he  finds  time  to  attend  personally  to  those 
matters  that  are  of  the  greatest  importance,  but  often  sadly  neglected, 
because  capable  men  will  not,  usually,  devote  their  time  to  business  in 
which  there  is  no  [)ay.    Not  so  with  Mr.  Bartlett.     Educational  and  city 


THE    BENCH    AND    BAR    OK    WISCIONSIN.  3*2") 

matters  always  are  watched  over  and  cared  for  by  him,  and  few  public 
men  in  the  state  have  done  more  than  he  has  to  promote  the  welfare 
and  prosperity  of  our  public  schools.  He  has  been  a  member  of  the 
school  board  in  the  district  where  he  resides  continuously  for  twenty- 
four  years,  and  was  elected  last  July  again  for  three  years.  At  the 
present  time  he  is  alderman  from  the  third  ward  of  the  city  of  Eau 
Claire,  and  president  of  the  common  council.  Mr.  Bartlett  has  long 
been  a  prominent  lawyer  and  citizen  in  the  state,  and  is  a  recognized 
leader  in  political  matters  in  the  section  in  which  he  resides.  In  all 
local  public  enterprises  he  is  among  the  foremost  in  active  work  and 
cooperation  with  others  in  schemes  and  doings  for  the  public  welfare. 
Only  yet  in  the  prime  of  life,  few  at  his  age  have  arrived  to  equal  dis- 
tinction and  usefulness. 

James  H.  Culbertson,  Eau  Claire,  was  born  in  Albany,  Whiteside 
county,  Illinois,  and  is  son  of  Samuel  and  Margaret  Culbertson.  His 
education  was  obtained  at  the  Hamline  University,  Red  Wing,  Minne- 
sota; studied  law  with  M.  D.  Bartlett,  Eau  Claire,  from  1874  to  1876; 
was  admitted  to  the  bar  in  Pepin  county  at  the  October  term  of  the 
circuit  court  of  1876,  and  is  now  in  practice  alone  in  Eau  Claire. 

W.  \\\  Downs,  Eau  Claire,  was  born  in  Menomonee,  Wisconsin, 
November  7,  1851,  and  is  the  son  of  B.  B.  and  Laura  Downs,  both  of 
whom  are  living.  His  education  was  acquired  at  Madison,  where  he 
graduated  from  the  law  school  of  the  State  University  in  the  class  of 
1874,  and  was  admitted  to  the  bar  by  the  supreme  court  at  the  same 
time.  At  once  commencing  practice  in  Eau  Claire,  he  has  continued  it 
there  to  the  present  time  with  success.  He  has  been  an  alderman  of 
the  city  of  Eau  Claire  for  one  term. 

Augustus  Finkei.nburg,  Fountain  City,  was  born  in  Marienlindcn, 
Prussia,  May  8,  1830.  His  father  was  Welhelm  Finkelnburg.  He  was 
educated  at  a  college  in  Munstereifel,  Prussia  ;  studied  law  with  A. 
Krekel,  judge  of  United  States  district  court,  Jefferson  City,  Missouri ; 
was  admitted  at  Buffalo  county,  Wisconsin,  and  is  in  practice  at  Foun- 
tain City.  Mr.  Finkelnburg  has  been  county  judge,  county  superin- 
tendent of  schools,  member  of  the  assembly  in  1874,  and  is  senator  for 
1881    and    1882.     For  the  session  of   1881,  Senator   Finkelnburg   was 


326  THE    BENCH    AND    BAR    OF    WISCONSIN. 

chairman  of  the  committee  on  privileges  and  elections,  and  a  member  of 
that  on  insurance,  banks  and  banking.  William  A.  Finkelnburg,  son  of 
the  above  named  gentleman,  was  born  in  Fountain  City;  is  now  twenty- 
two  years  of  age;  studied  law  in  St.  Louis,  Missouri;  was  admitted  in 

1880,  and  is  in  practice  in  Fountain  City  as*  partner  of  his  father. 

T.  F.  Frawley,  Eau  Claire,  was  born  in  the  city  of  Troy,  in  the 
State  of  New  York,  March  6,  185 1,  and  is  the  son  of  Thomas  and 
Honora  Frawley.  He  graduated  from  the  University  of  Wisconsin  in 
1875,  receiving  the  master  degree  from  the  same  institution  in  1880;  was 
principal  of  the  first  district  high  school  of  Eau  Claire,  from  the  fall  of 
1875  until  entering  the  practice  of  law,  in  July  1880;  studied  law  for  a 
short  time  at  the  city  of  Madison,  with  La  Fayette  Smith  ;  was  admitted 
to  the  bar  at  the  city  of  Eau  Claire,  in  March,  1880,  and  has  practiced, 
since  entering  the  profession,  at  Eau  Claire.  He  is  member  of  the 
common  council  and  clerk  of  the  school  board  of  the  city  of  Eau 
Claire. 

Franklin  L.  Gilson,  Ellsworth,  was  born  at  Middlefield,  Geauga 
county,  Ohio,  October  22,  1846,  his  parents  being  W.  H.  and  Sylvia  L. 
Gilson.  He  received  a  partial  collegiate  education  at  Hiram,  and  at 
Oberlin  College,  Ohio;  studied  law  at  West  Bend,  Wisconsin,  with 
Frisby  &  Weil,  from  1870  to  1872;  was  admitted  October  22,  1870,  at 
West  Bend,  and  has  practiced  at  Ellsworth  from  the  fall  of  1872  to  the 
present  time.  From  1874  to  1876  he  practiced  with  J.  H.  Wilkinson, 
the  firm  being  Gilson  &  Wilkinson.  In  1881  he  formed  a  partnership 
with  J.  W.  Hancock,  which  continues  as  (iilson  &  Hancock.  Mr. 
Gilson  has  been  somewhat  in  public  life,  having  been  district  attorney 
of  Pierce  county  from  1874  to  1880;  was  a  delegate  to  the  republican 
national  convention  held  in  Chicago  in  June,  1880,  and  was  a  member  of 
the  assembly  of  1881.  During  the  session  of  the  latter  he  was  a  member 
of  the  committee  on  the  judiciary  and  that  of  medical  societies.  He 
introduced  (and  it  passed)  a  bill  cutting  down  the  pay  of  the  employes 
of  the  legislature.     He  was  again  elected  member  of  the  assembly  in 

1 88 1,  and  at  the  session  of  1882  was  chosen  speaker. 

Michael  CiRiFFiN,  Eau  Claire,  was  born  in  the  county  of  Clare» 
Ireland,  September  9,  1842  ;  came  to  America  in  1847,  and  to  Wisconsin 


^^ 


THF    BKNCH    ANI>    BAR    OF    WISCONSIN.  32? 

in  1856;  settling  first  in  Sauk  county.  His  education  was  in  the  public 
schools,  and  afterward  studied  law  with  J.  Bowman,  of  Kilbourn  city,  and 
was  admitted  to  the  bar  at  Portage  city  in  1868.  In  1861  he  enlisted 
for  the  war  in  Company  E,  Twelfth  Wisconsin  regiment ;  was  promoted  to 
first  lieutenant,  and  continued  in  the  service  to  the  close  of  the  war.  He 
was  in  the  siege  of  Vicksburg,  and  other  important  engagements,  and 
went  through  Sherman's  campaigns,  including  his  march  to  the  sea. 
Having  been  mustered  out  when  hostilities  were  ended,  he  removed  his 
home  to  Kilbourn  city»  and  began  the  study  of  law.  While  residing  in 
that  place  he  was  member  of  the  county  board  for  two  terms,  and  was 
elected  to  the  assembly  as  a  republican  in  1875,  and  was  chairman  of 
the  committee  on  judiciary  of  the  assembly  at  its  session  in  1876.  His 
residence  was  changed  to  Kau  Claire  in  1876,  where  he  was  appointed 
city  attorney  in  1878,  and  reappointed  in  1879  and  1880.  In  the  fall  of 
1879  he  was  elected  state  senator  from  the  thirtieth  senatorial  district, 
comprising  the  counties  of  Dunn,  Eau  Claire  and  Pierce,  and  served  as 
a  member  of  the  committee  on  judiciary,  and  chairman  of  the  committee 
on  federal  relations  of  the  senate  for  the  two  sessions  of  his  term  as  sena- 
tor. Senator  Griffin  was  an  active  and  useful  member  both  in  the  house 
and  the  senate,  reflecting  credit  upon  himself  and  his  constituents.  While 
serving  in  the  house  he  made  the  argument  before  the  assembly  in  sup- 
port of  the  report  of  the  committee  on  privileges  and  elections,  of  which 
he  was  a  member,  in  the  famous  Bennett  against  (iray,  contested  election 
case,  by  which  Gray  was  unseated,  in  accordance  with  the  report  of  the 
committee.  As  a  lawyer  he  is  accounted  one  of  the  best  at  the  Eau 
Claire  bar,  having  succeeded  in  building  up  a  fine  and  lucrative  prac- 
tice during  his  residence  in  that  city.  He  is  industrious  and  attends 
strictly  to  business,  and  is  a  man  of  strict  integrity  and  thoroughly  reliable. 

A.  M.  Gibbons,  Eau  Claire,  was  born  in  C'hillicothe,  Ohio,  in  the 
year  1837.  His  parents  were  James  H.  and  Elizabeth  Mead  Gibbons, 
who  afterward  came  west  and  settled  in  Illinois,  while  he  was  a  mere 
child.  His  education  was  mainly  such  as  the  common  schools  of  the 
country  afforded,  finishing  up  the  same  at  an  academy  at  Granville,  Illi- 
nois. He  was  a  diligent  student,  and  his  time  was  improved  to  the  best 
advantage,  particularly  during  his  year  and  a  half  at  (xranville.  Choos- 
ing the  law  for  a  profession  he  entered  upon  its  study  with  Ira  Fenn,  of 
Illinois,  and  after  two  years*  close  attention  to  study  was  admitted   to 


328  THE    BENCH    AND    BAR    OK    WISCONSKn. 

practice  by  the  supreme  court  at  Ottawa,  Illinois.  Immediately  opening 
an  office  he  began  practice,  and  continued  the  same  until  he  concluded 
to  seek  a  broader  and  more  inviting  field.  He  tarried  awhile  at  Peoria, 
Illinois,  thence  he  went  to  Colorado,  and  finally  Oregon.  Mr.  Gibbons 
crossed  the  country  to  the  Pacific  coast  in  1859,  and  reached  the  city  of 
Portland  in  the  fall  of  the  year.  He  there  went  into  the  office  of  David 
Logan.  He  was  appointed,  by  Judge  Waite,  states  attorney  for  the  dis- 
trict comprising  the  northern  part  of  the  state.  All  of  this  judicial  dis- 
trict was  reached  by  steamboat,  as  it  lay  on  the  Willamette  and  Colum- 
bia rivers.  He  remained  there  until  the  spring  of  1861,  when  he  settled 
up  his  business  and  went  to  Washington.  Mr.  Bates,  the  attorney 
general,  offered  the  office  of  United  States  district  attorney  for  Oregon 
to  him,  but  he  declined  to  accept  it.  He  was  among  the  early  volun- 
teers in  the  war  of  the  rebellion,  as  he  joined  a  company  which  was 
organized  before  the  call  for  volunteers  was  issued  by  President  Lincoln, 
and  which  company  was  recognized  after  such  call,  and  regularly  mus- 
tered into  the  service.  At  his  discharge  he  visited  Washington  and  New 
York  for  a  short  time,  and  then  returned  to  Illinois  and  resumed  the 
practice  of  the  law.  Mr.  Gibbons  was  a  delegate  to  the- national  union 
convention,  which  was  held  at  Philadelphia  in  1866,  and  took  an  active 
part  in  the  discussions  of  that  body.  He  entertains  broad  and  liberal 
views,  and  is  equal  to  almost  any  emergency.  He  is  a  well  read  lawyer, 
well  adapted  to  dispatch  business,  and  a  ready  speaker.  In  the  spring 
of  1878  he  located  in  Eau  Claire,  where  he  now  resides. 

Henry  H.  Havden,  Eau  Claire,  was  bom  in  Schenectady,  New 
York,  May  3,  1841.  Educated  in  the  common  schools,  he  studied 
law  with  Jackson  ^  Halsey,  and  Felker  iS:  Weisbrod,  Oshkosh,  and 
was  admitted  to  the  bar  in  the  same  city,  December  22,  1870.  Coming 
to  Eau  Claire  to  practice  his  profession,  Mr.  Hayden  became  a 
member  of  the  existing  firm  of  Hartlett  &  Hayden,  VVilliam  Pitt  Bart- 
lett  being  the  senior  partner.  In  the  war  of  the  rebellion  he  served 
in  company  H,  Thirty-sixth  Illinois  Regiment. 

Lewis  R.  Larson,  Eau  Claire,    was   born    near   Bergen,   Norway 
Se[)lember    i,  1849,    his    parents    being    Elling    and   Martha    Larsor 
Coming  to  this  country  in  the  spring  of  1850,  his  early  education  w; 
at  the  village  schools  of  Columbus,  Wisconsin,  and  was  graduated  fro 


THE    BKNCH    AND    BAR    OK    WISCONSIN.  329 

the  Stale  University  in  the  class  of  1872  His  law  studies  were  with 
A.  G.  Cook,  at  Columbus,  and  he  was  admitted  to  the  bar  at  Portage, 
May  20,  1874.  After  admission  he  remained  in  the  office  of  Mr.  Cook, 
as  his  assistant,  until  he  removed  to  Eau  Claire,  where  he  opened  an 
office  June  14,  1875.  Since  settling  in  Eau  Claire  Judge  Larson  filled 
the  office  of  city  attorney  from  April,  1876,  to  April,  1877.  when  he 
was  elected  municipal  judge,  which  position  he  now  holds. 

Alexander  Meggett,  Eau  Claire,  son  of  Alexander  and  Sarah  Mac- 
Arthur  Meggett,  was  born  in  Glasgow,  Scotland,  March  26,  1824,  and  is 
a  half-brother  of  Arthur  MacArthur,  now  on  the  bench  of  the  supreme 
court  of  the  District  of  Columbia.  The  family  name  is  very  rare,  but 
occurs  in  English  literature,  in  Sir  Walter  Scott's  Lady  of  the  Lake, 
as  the  name  of  a  mead  or  meadow,  and  the  subject  of  this  sketch  is 
the  oldest  living  representative  of  the  family  in  this  country.  His 
father,  a  man  of  clear  head  and  sturdy  integrity,  was  a  weaver,  emi- 
grated to  this  country  in  1827,  and  settled  at  Uxbridge,  Massachu- 
setts. There,  at  the  early  age  of  eight  years,  the  son  was  put  to  work 
in  a  cotton  factory  under  his  father,  and  he  followed  this  vocation  in 
various  departments  until  he  was  nineteen  years  old.  Never  satisfied 
with  his  condition  in  life,  being  imbued  with  a  strong  desire  for  an 
education,  impelled  by  an  ambition  inherited  of  his  mother,  he  aban- 
doned factory  life,  with  his  father's  consent,  and  at  once  look  to  books 
and  study  with  a  severe  Scotch  perseverance  and  tenacity  inherited 
of  his  father. 

Commencing  at  Wilbraham  Academy,  in  1843,  by  his  own  exer- 
tions he  worked  his  way  through  many  impediments;  teaching  at 
intervals  to  defray  his  expenses.  The  year  1846  found  him  in  Mid- 
dletown  University,  in  Connecticut,  pursuing  a  scientific  course  of 
study.  After  leaving  the  university,  he  taught  about  five  years  in  the 
public  schools  of  Rhode  Island  and  Massachusetts,  in  Slatersville  and 
vicinity,  and  Pawlucket.  During  the  last  two  years  of  his  leaching  at 
the  latter  place  he  devoted  his  leisure  hours  to  the  reading  of  law  with 
C.  B.  Farnsworth  ;  then  abandoned  teaching  and  pursued  and  finished 
his  legal  studies  with  T.  A.  Jcncks,  of  Rhode  Island;  was  admitted 
to  the  bar  in  the  city  of  Providence,  in  March,  1853,  and  to  practice 
in  the  United  States  courts  three  years  later.  Siill  ainbiiious  for  suc- 
cess in  his  prot'ession,  he  emigrated  to  Wisconsin  in   1857,  and  settled 


330  THE    BENCH    AND    BAR    OF    WISCONSIN. 

at  Eau  Claire,  in  July  of  that  year,  as  the  second  lawyer  of  this  then 
new  settlement;  at  once  entered  upon  the  practice  of  his  profession, 
and  for  a  brief  period  was  the  sole  editor  of  the  Eau  Claire  Tinoes. 
He  rose  in  his  profession  rapidly,  and  became  especially  and  deserv- 
edly prominent  as  a  criminal  lawyer.  It  may  be  said  that  no  roan 
of  his  age  in  this  state  has  had  a  more  varied  and  extensive  criminal 
practice,  particularly  in  the  number  and  noted  capital  cases,  he  has 
prosecuted  and  defended  in  the  twenty-two  years  of  his  practice  in 
this  state,  and  is  especially  noted  for  his  unswerving  fidelity  to  the 
interests  of  his  clients,  and  the  determined  tenacity  of  purpose  with 
which  he  presses  his  causes,  notwithstanding  which  he  has  a  genial 
and  very  jovial  disposition. 

When  the  first  railway  reached  F2au  Claire,  in  1870,  he  was  by 
common  consent  selected  and  honored  as  the  orator  at  the  celebra- 
tion of  this  auspicious  event,  and  it  is  but  justice  to  accord  to  him 
the  merit  of  a  ready,  fluent,  and  entertaining  speaker. 

For  years  he  was  one  of  the  leading  democrats  in  his  part  of  the 
state,  but  was,  however,  during  our  late  civil  war,  the  cordial  and 
hearty  supporter  of  the  Union  cause.  In  the  Greeley  campaign  in 
1872,  his  connection  with  the  democratic  party  was  dissolved,  and 
since  then  he  has  heartily  affiliated  with  the  republicans.  In  1859, 
in  compliance  with  the  urgent  request  of  his  democratic  friends,  he  ran 
for  state  senator,  and  in  1870,  on  the  Union  ticket  for  congress,  in 
the  strongest  republican  district  in  the  state,  and  ran  greatly  ahead 
of  his  ticket,  reducing  the  usual  large  republican  majority  in  his  own 
county  to  only  147  against  him. 

In  1876  he  was  tendered  a  call,  without  distinction  of  party,  to  be- 
come a  candidate  for  the  office  of  judge  of  the  thirteenth  judicial 
circuit,  then  just  formed,  but  he  did  not  run  for  the  office.  He  is 
now,  by  recent  executive  appointment,  register  of  the  United  States 
land  office  at  Eau  CAa'we.  Mr.  Meggett  is  a  prominent  member  of  the 
masonic  fraternity,  is  of  the  thirty-second  degree  in  the  Scottish  Rite, 
and  is  a  past  deputy  grand  master  of  the  state  in  the  order.  In  his 
religious  culture  he  was  educated  in  the  .severe  Scotch  mould ;  con- 
tributes liberally  to  church  support,  and  is  an  outspoken  and  unswerv- 
ing advocate  of  all  that  tends  to  moral,  social  and  religious. advance- 
ment. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  331 

Conrad  Moser,  Jr.,  Alma,  is  one  of  the  most  prominent  of  the 
lawyers  of  foreign  birth  in  Wisconsin.  He  is  identified  with  the  history 
of  northern  Wisconsin,  particularly,  and  in  a  general  way  with  that  of 
the  state.  His  attainments,  his  achievements,  his  unsullied  character, 
entitle  him  to  rank  among  the  best  citizens  of  this  state.  He  came  to 
northern  Wisconsin,  during  its  formative  period,  and  has  been  one  of 
the  important  factors  in  its  upbuilding  from  the  plastic  state,  as  it  were, 
to  the  present  induration.  He  was  born  in  Switzerland  in  1835,  and 
received  a  thorough  academic  education  at  Zurich.  His  entire  youth 
and  early  manhood,  until  he  arrived  at  his  majority,  were  spent  in  school ; 
his  father  was  an  educator  in  Switzerland.  In  1856  the  family  came  to 
this  country,  and  located  at  Alma,  Buffalo  county,  Wisconsin,  where 
they  now  reside,  the  father  being  over  eighty  years  of  age.  From  1858 
to  1861  he  was  a  student  in  the  St.  Louis  Law  Institute;  was  admitted 
to  the  bar  at  La  Crosse  in  1864,  commenced  practice  in  Alma,  and 
has  been  there  since.  He  was  elected  and  served  as  probate  judge  of 
that  county.  In  1866  he  was  elected  to  the  legislature,  and  reelected 
in  1867  ;  was  chairman  of  the  committee  on  town  and  county  organiza- 
tion, and  a  member  of  other  committees,  that  on  education  among  the 
number.  He  was  an  active  legislator,  and  took  a  prominent  part  in  the 
important  legislation  of  those  years ;  was  the  champion  of  the  noted 
Bceuf  Slough  bill,  which  was  a  measure  that  excited  great  opposition, 
as  it  touched  a  vital  interest  in  northern  Wisconsin,  the  lumber  interest. 
He  was  identified  in  a  prominent  way  with  all  legislation  pertaining  to 
the  educational  and  railroad  interests  of  the  state  especially.  In  1880 
he  published  the  work  called  the  Lawyer's  Diary,  which  has  a  universal 
sale.  In  it  he  gives  a  code  of  ethics  which  should  prevail  among 
honorable  and  high  minded  lawyers  and  judges,  and  other  valuable 
information.  He  is  a  gentleman  of  varied  attainments,  a  careful  and 
reliable  lawyer,  a  good  citizen  and  a  gentleman  highly  esteemed  by  all 
who  know  him. 

S.  W.  McCasliNj  Eau  Claire,  was  born  November  3,  1844,  at  Neills- 
burg,  Forest  county,  Pennsylvania.  His  parents  are  James  and  Hannah 
McCaslin.  He  was  educated  at  Neillsburg  Acadamy,  Pennsylvania,  and 
at  the  State  Normal  School,  Edinboro,  Erie  county,  Pennsylvania; 
studied  law  with  W.  W.  Nevison,  of  Painesville,  Lake  county,  Ohio; 
was   admitted    to    the    bar   at    Cleveland,    Ohio,    September   6,    1866; 


332  THE    HENCH     AND    BAR    OF    WISCONSIN. 

practiced  with  W.  W.  Nevison,  at  Painesville,  Ohio,  until  1868,  when  he 
moved  to  St.  Charles,  Winona  county,  Minnesota,  where  he  practiced 
with  Edwin  Hill  for  four  years,  and  in  February,  1872,  moved  to  Eau 
Claire,  where  he  has  since  practiced,  having  had  partnerships  with  M. 
D.  &  E.  M.  Bartlett,  and  W.  F.  Bailey,  until  fall  of  1877,  since  which 
time  he  has  been  and  is  still  practicing  alone.  He  was  a  member  of 
the  city  council  of  the  city  of  Eau  Claire  two  years,  1874  and  1875,  and 
is  a  member  of  all  the  courts  of  Ohio,  Minnesota  and  Wisconsin. 

John  C.  Spooner,  Hudson,  was  born  in  Lawrenceburg,  Dearborn 
county,  Indiana,  January  6,  1843,  and  came  to  Madison  in  1859  with 
his  father's  family.  His  education  was  completed  at  the  Wisconsin 
State  University,  at  which  institution  he  graduated  in  1864.  Adopt- 
ing the  law  for  a  profession,  he  entered  upon  its  study  in  Madison,  in 
the  office  of  his  father,  P.  L.  Spooner;  went  through  a  course  of 
instruction  in  the  University  Law  School ;  was  admitted  to  the  bar,  and 
began  practice  at  Madison.  During  the  war  of  the  rebellion  he  enlisted 
in  the  ranks  of  Company  D,  Fortieth  Wisconsin  regiment,  which  took 
him  to  the  plains  of  Dakota,  and  was  breveted  major  for  faithful  and 
meritorious  services.  After  the  close  of  the  war  Major  Spooner 
became  private  secretary  to  Governor  Fairchild ;  was  subsequently 
assistant  attorney-general  under  Attorney-General  S.  S.  Barlow ;  is  now 
a  regent  of  the  State  University,  a  deserved  compliment  to  one  of  its 
alumni,  the  first  of  the  like  bestowed ;  and  during  the  administration  of 
Governor  Fairchild,  was  a  member  of  his  military  staff  with  the  rank  of 
Colonel.  In  1870  Colonel  Spooner  established  his  residence  and  business 
at  Hudson,  where  he  was  for  some  years  in  law  practice  with  H.  C. 
Baker,  and  in  the  fall  of  1871,  was  elected  member  of  the  assembly  in 
which  he  served  with  distinction  at  the  session  that  followed  in  the 
winter  of  1872.  At  that  time  the  State  University  was  struggling  along 
with  inadequate  support ;  and  it  is  to  the  credit  of  Colonel  Spooner 
that  he  nobly  championed  the  cause  of  his  Alma  Mater,  and  with 
speech  and  persistent  work,  succeeded  in  procuring  that  aid  from  the 
legislature  which,  so  greatly  needed,  placed  it  on  the  financial  basis 
that  gave  a  fresh  impulse  to  the  workings  of  the  institution  that  has 
resulted  in  bringing  it  up  to  a  standard  of  merit  of  high  character,  and 
the  usefulness  of  which  is  felt  by  all  friends  of  education  in  the  state. 
While  in  active  general  practice  at  Hudson,  his  firm  was  employed  in 


..j*i 


^^f  ■«^tl»*v^.»-V 


THK    HKNCH    ANIJ    BAR    OF    WISCONSIN.  335 

the  legal  business  of  what  was  then  the  West  Wisconsin  railroad ;  and 
the  aptitude  of  Colonel  Spooner  in  conducting  causes  of  the  company, 
led  to  his  call  to  the  office  of  general  solicitor  of  that  company,  which 
he  has  ever  since  filled.  In  this  capacity  he  has  become  conspicuous, 
while,  at  the  same  time,  he  has  achieved  an  elevated  position  as  a 
learned  and  profound  lawyer,  and  successful  advocate  at  the  bar.  Far 
from  being  a  professed  politician,  he  has,  nevertheless,  when  duty  has 
called,  taken  the  field  in  some  of  the  political  campaigns,  and  performed 
efficient  work  as  a  speaker  for  the  republican  cause.  Addresses  that  he 
has  made  on  other  subjects  have  been  marked  with  special  excellence, 
while  in  legal  argument  few  lawyers  among  his  contemporaries  have 
proved  themselves  his  equal  in  clearness  of  statement,  logical  reason- 
ing and  impressive  diction.  With  eminent  success  in  his  profession 
while  still  young,  it  is  easy  to  foreshadow  the  future  of  his  career. 

(iKoRGR  Clinton  Tkall.  Eau  Claire,  was  bom  in  Seneca  county, 
New  York,  May  20,  1840.  He  was  of  a  prominent  and  influential 
family,  branches  of  which  are  located  at  Syracuse,  Albany  and  Geneva, 
New  York,  and  received  his  education  principally  at  the  latter  place. 
He  was  a  member  of  the  class  of  1862  at  Hobart  College.  His  ances- 
tors were  among  the  Pilgrim  Fathers  who  landed  from  the  May  Flower 
at  Plymouth  in  1620,  and  later  were  among  the  defenders  of  republican 
liberty  in  the  revolutionary  war.  Judge  Teall  studied  law  at  Rochester, 
New  York,  from  1862  to  1864,  first  in  the  office  of  T.  R.  Strong,  formerly 
of  the  New  York  court  of  appeals,  and  afterward  with  the  Surrogate  of 
Monroe  county,  where  he  acquired  a  special  knowledge  of  probate  law 
and  practice,  to  which  he  has  since  devoted  much  attention,  and  also 
attended  a  course  of  law  lectures,  at  Rochester,  in  1863  and  1864.  He 
was  admitted  to  practice  in  this  state,  at  Milwaukee,  in  January,  1872, 
since  which  time  he  has  been  actively  engaged  in  the  practice  of  law,  at 
Kau  Claire,  Wisconsin,  and  is  an  industrious  lawyer.  From  1872  to 
1 88 1  he  was  a  member  of  the  law  firm  of  Meggeti  ^:  Teall,  and  has 
been  engaged  in  many  important  cases,  civil  and  criminal,  in  which  he 
has  been  quite  generally  successful.  He  is  eminent  commander  of 
Chipf)ewa  Commandery  No.  8,  of  Knights  Temjjlar,  and  a  member 
S.P.R.S.  of  Wisconsin  Consistory  A.A.S.R.  at  Milwaukee.  Judge  Teall 
has  resided  at  Eau  Claire  since  1866,  and  has  several  times  been  elected 
to  office  in  his  county,  but  is  not  a  politician.     He  has  always  been  a 


33H  THE    KKNCH    AND    BAR    OF    WISCONSIN. 

thorough  republican,  consistent  and  progressive,  devotes  himself  assidu- 
ously to  his  profession,  and  is  a  lawyer  of  unswerving  integrity.  He 
has  been  twice  appointed,  and  three  times  elected  to  the  office  of  county 
judge,  which  he  now  holds,  and  to  which  he  was  elected  without  oppo- 
sition, in  April,  1881,  for  the  term  ending  January  1866. 

Levi  M.  Vilas,  Eau  Claire,  was  born  in  Chelsea,  Orange  county, 
Vermont,  February  17,  1844,  He  was  the  third  son  of  Levi  B.  Vilas, 
elsewhere  commemorated  in  this  volume.  Graduating  from  the  University 
of  Wisconsin  in  1863,  he  immediately  entered  the  Albany  Law  School, 
from  which  he  was  graduated  in  1864.  He  was  thereupon  admitted  to 
the  bar  by  the  supreme  court  of  New  York.  In  1868  he  removed  to 
Eau  Claire,  Wisconsin,  where  he  still  resides,  engaged  in  active  practice. 
His  rank  is  acknowledged  among  the  leaders  of  the  bar  of  northwestern 
Wisconsin.  An  extensive  business  and  large  clientage  from  the  promi- 
nent and  energetic  men,  who  have  developed  the  great  interests  on  the 
Chippewa  river  and  its  tributaries,  attest  the  confidence  and  apprecia- 
tion in  which  he  is  held  in  that  community.  .The  writer  of  this  sketch 
well  knows  the  estimate  placed  upon  Mr.  Vilas  by  his  professional 
brethren.  By  them  he  is  universally  regarded  as  well  forward  in  the 
front  rank  of  the  lawyers  of  the  state ;  clear  and  accurate  in  judgment, 
thorough  in  learning,  conscientious  and  painstaking  in  the  preparation 
of  causes,  and  strong  and  vigilant  in  trial.  He  has  a  gift  of  expressing 
his  views  in  a  terse,  lucid  and  forcible  style,  admirably  adapted  to  legal 
argument.  His  mind  is  strongly  judicial,  and  his  qualities  are  commonly 
accepted  as  prophetic  of  distinction  on  the  bench  in  due  season.  A 
genial  address  and  manner,  an  open  bearing,  a  kindly,  sympathetic 
nature,  grounded  upon  a  character  of  sterling  integrity,  render  him 
deservedly  popular  in  his  community,  and  with  his  profession.  Although 
too  thorough  a  lawyer  to  be  active  in  politics,  and  adhering  to  the  party 
in  minority  in  his  city  and  county,  marks  of  popular  favor  have  come  to 
him  unsought,  and  in  spite  of  party  prejudice.  He  was  elected  city 
attorney  of  Eau  Claire  in  1872,  its  mayor  in  1876,  district  attorney  of 
Eau  Claire  county  in  1877,  and  was  reelected  to  that  office  in  1879. 

L.  P.  Wetherbv,  Hudson,  was  born  in  Onondaga  county.  New 
York,  October  7,  1824,  studied  law  with  Angel  &  Grovcr,  Allegany 
county.  New  York ;  was  admitted  to  the  bar  in  New  York  city  in  1840; 


/• 


THE    BENCH    AND    BAR    OF    WISCONSIN.  33T 

district  attorney,  and  county  judge  in  New  York  from  1848  to  1852. 
Coming  to  Wisconsin  he  was  elected  judge  of  the  circuit  court  of  the 
eighth  district  of  Wisconsin,  in  the  spring  of  i860  for  six  years,  and 
served  out  the  term  acceptably. 

NiNTU  ciKcrn. 

Alexander  Botkin,  Madison.  At  Sun  Prairie,  in  the  county  of 
Dane  and  State  of  Wisconsin,  and  while  absent  from  his  home  on  busi- 
ness, from  what  is  supposed  to  have  been  a  disease  of  the  heart,  Colonel 
Alexander  Botkin,  on  March  5,  1857,  at  the  age  of  fifty-six  years,  sud- 
denly deceased.  The  stroke  was  sudden  and  unexpected,  but  he  died 
surrounded  by  friends,  for  there  was  not  a  hamlet  in  the  county  where 
he  was  not  well  and  favorably  known,  and  wherje  he  would  not  have 
found  ready  hands  and  willing  hearts  to  give  him  cheer  and  welcome  in 
sickness  or  in  health.  To  his  faithful  companion,  Jane  Roslin  Sinclair, 
to  whom  he  was  married  in  September,  1835,  near  Cincinnati,  Ohio,  and 
to  his  three  sons,  Sinclair  W.,  William  W.,  and  Alexander  C,  aged  re- 
spectively nineteen,  seventeen,  and  fifteen  years,  the  announcement  of 
the  death  of  a  kind  father  and  an  affectionate  husband  was  melancholy 
news,  and  fell  upon  his  household  as  an  irreparable  calamity.  The 
shock  to  the  community  was  almost  as  severe  as  to  the  family  itself;  for 
Colonel  Botkin  was  known  to  everybody  in  town  and  country,  and  every- 
body esteemed  him  as  a  friend  and  as  a  companion,  the  young  and  the  old 
alike.  His  genial  disposition,  even  temper,  and  frank  and  hearty  man- 
ner made  him  welcome  in  all  the  relations  of  social  and  domestic  life. 
He  was  a  man  of  strong  friendships,  frank  to  a  fault  and  tolerant  to  all. 
These  qualities  of  mind  and  manner,  united  with  a  fine  i)hysi(iue  and 
pleasing  address  (for  Colonel  Botkin  was  six  feet  in  height  and  weighed 
two  hundred  and  forty  pounds)  rendered  him  personally  popular  among 
the  people,  and  one  of  the  centers  of  attraction  in  social  and  political 
assemblages. 

Mr.  Botkin  was  born  in  the  State  of  Kentucky,  on  March  4,   1801. 

Of  his  parentage  we  can  give  no  details;  records  in  those  days,  of  deaths 

even,  were  rarely  preserved  or  transmitted  beyond  the  boundaries  of 

immediate  family  tradition,  and  there  is  but  little  that  we  know  of  the 

early  boyhood  and  dawning  manhood  of  our  deceased  friend.     We  only 

know  that  he  was  a  strong,  stalwart  youth,  and  that  at  an  early  age  he 

removed  to  Ohio,  and  subsequently,  in  1836,  settled  at  .Alton,  in  Illinois, 
90 


I53S  THK    liKNCH     AND    BAR    <>F    WISCONSIN. 

and  which  place,  at  that  time,  was  a  rival  of  the  city  of  St.  Louis.  About 
this  time  Lovejoy,  the  noted  abolitionist,  was  killed  in  a  riot,  and  Mr. 
Botkin  being  a  justice  of  the  peace,  was  one  of  the  staff  of  peace  officers 
who,  at  the  peril  of  their  own  lives,  sought  to  prevent  the  effusion  of 
blood.  In  June,  1841,  he  came  to  Madison  with  his  family,  as  assistant 
secretary  of  the  territory  under  A.  P.  Field,  who  was  secretary.  He 
was  subsequently  the  law  partner  of  Mr.  Field.  For  the  law,  he  had 
had  no  special  training,  but  possessing  naturally  a  logical  mind,  strong 
reasoning  powers  and  fluency  of  speech,  he  soon  took  rank  as  one  of  the 
ablest  jury  lawyers  in  the  territory,  which  position  he  maintained  up  to 
the  time  of  his  death. 

Mr.  Botkin  was  preeminently  fitted  for  political  tournaments.  He 
belonged  to  the  whig  school  of  politicians,  and  Henry  Clay,  of  his  native 
state,  was  his  j>olitical  idol.  He  loved  Mr.  Clay  better  than  any  demo- 
crat ever  loved  Andrew  Jack.son,  and  in  those  days  democratic  affection 
for  Jackson  bordered  upon  eastern  idolatry.  The  enthusiasm  for  these 
respective  champions  of  the  whig  and  democratic  parties,  was  not  less- 
ened because  of  our  territorial  existence,  and  Mr.  Botkin,  owing  to  his 
political  prominence  and  his  great  skill  and  ability  as  a  public  speaker, 
was  designated  as  a  leader  under  whose  generalship  the  whigs  hoped  to 
rescue  the  territory  from  the  control  of  the  Jackson  party.  He  accord- 
ingly, as  early  as  1845,  came  to  be  regarded  as  the  leading  whig  in  the 
territory  outside  of  Milwaukee,  and  after  the  organization  into  a  state  he 
controlled,  in  a  larger  degree  than  any  other  whig  in  it,  the  policy  of 
his  party  up  to  the  time  of  its  disruption  in  1854.  He  it  was  who  con- 
ceived and  planned  the  nomination  of  Leonard  J.  Farwell  for  governor 
in  185 1,  and  in  whose  election  the  democracy  of  this  state  received  its  first 
stunning  blow.  Prior  to  this,  and  in  1846,  he  was  elected  a  member  of 
the  special  session  of  the  territorial  assembly  for  1847,  and  for  the  session 
of  1848.  The  assembly  district  comprised  the  counties  of  Green,  Dane 
and  Sauk.  In  1849  he  was  elected  state  senator  from  his  district,  and 
served  two  years.  In  1852  he  was  returned  to  the  assembly.  As  a  leg- 
islator, he  was  a  man  of  large  influence  and  rendered  efficient  service  in 
starting  the  wheels  of  state  government.  The  old  pioneers,  now  livingf 
point  with  some  degree  of  pride  to  the  legislators  of  those  days,  as  com- 
pared with  those  of  the  present  era.  They  would  not  suffer  by  the  com- 
parison, and  in  that  array  of  talent  which  added  lustre  to  our  territorial 
history  and  to  our  early  state  legislation,  Colonel  Botkin,  in  clearness  of 


_    :\ 


B 


340  THE    HENCH    ANI»    FIAR    OK    WISCONSIN. 

for  the  comj)anionship  of  these  old-iime  friends  ?  Surely  the  road  to 
death  and  immortality  is  made  smooth  when  first  trodden  by  such  as 
these. 

Sinclair  W.  Botkin,  Madison,  is  the  eldest  son  of  Alexander 
Botkin,  a  memoir  of  whom  apj)ears  elsewhere  in  this  volume.  He 
was  born  at  Alton,  Illinois,  September  19,  1838,  and  removed  with 
his  parents  to  Madison,  when  about  three  years  of  age.  He  attended 
the  State  University  of  Wisconsin,  and  graduated  in  the  class  of  1857. 
In  1862  he  entered  the  service  as  first  lieutenant  of  company  A, 
Twenty-third  Wisconsin  Infantry,  and  was  soon  after  promoted  to 
captain.  He  was  engaged  in  the  battles  before  Vicksburg  and  the 
siege,  resigning  in  the  fall  of  1863.  From  i860  to  1862,  and  again 
in  1864  and  1865,  he  was  deputy  clerk  of  the  supreme  court,  and 
assistant  state  librarian.  He  completed  his  law  studies  in  the  office 
of  Spooner  iK:  Lamb,  and  was  admitted  to  practice  in  1866.  Since 
1868  he  has  been  a  member  of  the  firm  of  Welch  &  Botkin.  In 
November,  1875,  he  was  appointed  register- in  bankruptcy,  serving  in 
that  capacity  until  he  moved  to  Minneai)olis,  Minnesota,  in  May,  1882, 
together  with  his  partner,  to  practice  law  there. 

Arthur  B.  Braley,  Madison,  was  the  only  son  of  Rufus  and 
Hepzee  Braley,  and  was  born  in  Perry,  New  York,  February  11,  1824. 
His  father  dying  when  Arthur  B.  was  young,  his  systematic  education 
was  somewhat  neglected;  his  early  rciding,  however,  was  extensive, 
varied  and  profitable.  In  the  spring  of  1843  he  ventured  out  into  the 
world  in  search  of  fortune.  During  this  his  first  venture  into  the 
great  world,  he  visited  Pennsylvania,  Ohio,  Kentucky,  Tennessee  and 
Virginia.  He  remained  for  some  months  in  the  southern  part  of  Ohio, 
near  Chillicothe.  Leaving  this  place  he  next  located  for  a  season  in 
Kentucky  in  the  celebrated  Blue-grass  region.  In  all  these  travels  his 
only  means  of  conveyance  were  the  canal,  the  stage  coach,  or  on 
foot.  In  the  fall  of  1844  he  returned  to  New  York.  The  ensuing 
spring  he  commenced  the  study  of  law,  using  borrowed  books  for  that 
purpose.  The  succeeding  winter  months  were  spent  teaching  in  the 
Wyoming  Valley,  Pennsylvania. 

Leaving  his  native  place  in  the  spring  of  1846  he  immigrated  to 
Wisconsin,  first  settling  at   Delavan.     Completing   his  legal  studies  at 


THE    BENCH    AND    BAR    OF    WISCONSIN.  341 

that  village,  he  visited  Madison  in  1848,  was  admitted  to  the  bar 
by  the  presiding  judge  of  the  supreme  court,  and  in  1852  went  to  Madi- 
son to  reside.  On  the  organization  of  the  city  he  was  elected  police 
justice,  and*  held  the  office  six  years.  Judge  Braley  was  alderman 
for  1864  and  three  succeeding  years.  During  the  presidential  cam- 
paign of  1864  he  had  editorial  charge  of  the  Daily  Patriot,  which  was  the 
organ  of  the  democratic  party  at  the  capital,  and  at  the  close  of  the 
canvass  returned  to  the  duties  of  his  profession.  In  1868  he  was  elected 
city  attorney,  and  became  principal  political  editor  of  the  Daily  Demo- 
crat, which  position  he  resigned  at  the  close  of  the  presidential  election 
of  1868. 

Moving  in  the  spring  of  1869  to  Waukesha,  he  lived  there  until  the 
fall  of  1870,  when  he  returned  to  Madison,  and  has  resided  there  until 
this  time.  In  the  spring  of  1872  he  was  elected  police  justice  without 
opposition,  and  that  court  having  been  reorganized  into  a  county 
municipal  court  in  the  spring  of  1874,  he  was  elected  without  opposi- 
tion municipal  judge  for  six  years.  At  the  ensuing  election,  which  was 
in  April,  1880,  there  was  another  Richmond  in  the  field  and  stubbornly 
contested  the  ground,  but  the  judge  came  off  triumphant  without 
special  effort. 

On  February  11,  1855,  he  married  Miss  Philida  Stevens  at  Madison, 
who  died  in  March,  1879.  He  married  again  in  April,  1880,  at  Rich- 
burgh,  Alleghany  county.  New  York,  to  Miss  Alta  E.  Jordan,  daughter 
of  Andrew  E.  Jordan,  of  that  place. 

In  the  midst  of  his  professional  and  official  duties.  Judge  Braley 
has  taken  time  to  write  much  for  the  press  continually  for  the  last 
twenty-five  years  on  both  literary  and  political  subjects.  Shakspearean 
reviews  have  won  him  the  distinction  of  being  considered  the  finest 
Shakespearean  scholar  in  the  northwest,  and  have  brought  him  many 
pleasing  and  complimentary  testimonials  from  eminent  minds  in  both 
continents.  These  reviews  in  book  form  will  eventually  be  ranked 
among  the  best  Shakespearean  lore,  and  will  be  of  great  value  to 
scholars  and  writers.  As  a  man,  **  every  inch  a  man";  as  a  judge, 
discriminating,  just  and  impartial;  as  a  critic  and  author,  at  once  con- 
cise and  eloquent;  as  a  companion  and  host,  genial  and  hospitable,  and 
generous  to  a  fault.  The  subject  of  our  sketch  deservedly  ranks  among 
the  foremost  men  of  his  state  and  day. 


342  IHK    BENCH    AND    BAR    OF    WISCONSIN. 

George  E.  Bryant,  Madison,  was  bom  at  Templeton,  Worcester 
county,  Massachusetts,  P'ebruary  ii,  1832.  His  father  was  George  W. 
Bryant,  and  his  mother  Eunice  Norcross  Bryant.  George  E.  was 
educated  at  Norwich  University,  Vermont,  in  the  same*  class  with 
General  G.  M.  Dodge  and  General  Ransom.  Choosing  the  profession 
of  the  law,  he  read  with  Amasa  Norcross,  M.  C.,  at  Fitchburg,  Massa- 
chusetts, and  was  admitted  in  1856  at  Worcester.  Shortly  afterward 
he  came  to  Wisconsin,  and  entered  into  partnership  practice  with 
Myron  H.  Orton,  which  continued  until  1861.  He  was  captain  of 
the  Madison  Guards,  the  first  military  company  from  Wisconsin  to 
offer  its  services  to  the  government  at  the  commencement  of  the 
rebellion.  The  company  served  five  months  with  the  First  Wisconsin 
Regiment  on  the  Potomac,  when  it  was  mustered  out  of  service,  and 
Captain  Bryant  returned  home.  He  was  commissioned  colonel  of  the 
Twelfth  Regiment  by  Ciovernor  Randall,  September  27,  1861,  with 
which  he  went  into  the  Indian  Territory,  thence  marching  across  the 
plains  to  west  of  Von  Riley.  Afterward  joining  the  Army  of  the 
Tennessee  under  Grant,  with  whom  he  was  at  Vicksburg,  and  was 
with  Sherman  in  the  Atlanta  cam])aign,  commanding  a  brigade  in  the 
Seventeenth  Army  Corps  at  some  of  the  battles.  He  was  in  command 
of  the  storming  party  at  Bald  Hill, —  called  by  General  Sherman  Leg- 
gett's  Hill, — July  21,  1864,  and  the  next  day  successfully  defended 
the  same  at  the  so-called  battle  of  Atlanta.  At  the  close  of  the  war 
Colonel  Bryant  returned  to  his  farm  near  Madison,  on  which  he 
breeds  fine  slock  of  many  kinds.  He  was  county  judge  three  terms, 
from  1866  to  1878,  and  was  elected  state  senator  in  1874,  and  served 
two  years.  In  January,  1878,  he  was  elected  secretary  of  the  State  Agri- 
cultural Society,  which  office  he  still  holds.  He  was  a  delegate  to 
the  republican  national  convention  held  in  Chicago  June  7,  1880, 
voted  steadfastly  for  (irant,  and  was  one  of  the  two  Wisconsin 
delegates  who  voted  for  Vice-President  Arthur.  General  Bryant  has 
been  quartermaster-general  of  Wisconsin  since  January  1876.  •  He  was 
commissioned  postmaster  at  Madison  by  President  Chester  A.  Arthur, 
Februarv  6,  1882. 

Edward  E.  Bryant,  Madison,  was  born  in  Milton,  Chittenden 
county,  Vermont,  January  10,  1836,  and  he  lived  there  tmtil  he  came 
to  Janesville,  Wisconsin,  in  the  spring  of  1857.     Having  prepared  him- 


THK    BKNCH    AND    BAR    OF    WISCONSIN.  .')4^J 

self  in  the  study  of  the  law,  he  was  admitted  to  the  bar  in  the  fall  of 
1857,  when  he  located  in  Monroe,  in  the  practice  of  the  profession 
In  connection  with  James  Bintlifif  he  purchased  the  Monroe  Sentinel 
in  1857,  which  they  published  together  until  the  war  of  the  rel)ellion 
broke  out,  when  he  enlisted  in  June,  186 1,  as  a  private  in  company  C, 
Third  Wisconsin  Infantry ;  was  promoted  to  sergeant-major  before 
leaving  the  state,  served  three  years  as  first  lieutenant  of  company 
A,  and  was  also  adjutant  of  the  same  regiment.  On  July  i,  1864, 
he  was  appointed  commissioner  of  enrollment,  and  in  the  winter  of 
1864  and  1865  was  commissioned  lieutenant-colonel  of  the  Fiftieth 
Infantry.  On  the  close  of  the  war,  and  leaving  the  service,  he  returned 
to  Monroe.  In  the  spring  of  1868  Colonel  Bryant  received  the  ap- 
pointments of  adjutant-general  of  the  state  and  private  secretary  to 
Governor  Fairchild,  which  offices  he  held  until  the  expiration  of  the 
administration  of  Governor  Fairchild,  in  January,  1872  He  then 
reentered  upon  the  practice  of  law  in  partnership  with  W.  F.  Vilas, 
at  Madison,  the  connection  continuing  to  the  present  time.  In  Jan- 
uary, 1876,  he  again  became  adjutant-general  under  Ciovernor  Luding- 
ton,  and  served  two  years,  when  he  was  reappointed  by  Governor 
William  K.  Smith,  in  1878,  and  continued  in  the  office  until  the  close 
of  (yovernor  Smith's  term  in  1882,  then  declining  further  service,  to 
devote  his  entire  time  to  his  law  practice.  He  was  member  of  the 
legislature  of  1878,  and  served  as  chairman  on  the  committee  on 
revision  of  the  statutes  of  the  state,  and  subsequently  assisted  in  the 
publication  of  the  revision  ordered  by  the  legislation  at  the  same 
session.  He  was  also  appointed,  in  connection  with  W.  F.  Vilas,  to 
revise  eighteen  volumes  of  the  supreme  court  reports,  and  reported 
the  thirty-seventh  volume  himself.  He  is  a  Knight  Templar.  He 
married  Louisa  S.  Boynton,  at  Monroe,  on  June  29,  1859,  and  they 
have  four  children.  General  Bryant  came  out  of  the  war  with  a  high 
record ;  subsetpiently  distinguished  himself  in  connection  with  his 
office  of  secretary  to  Governor  Fairchild  ;  is  notable  as  a  ready  and 
racy  writer  for  the  press;  has  a  reputation  of  a  lawyer  of  the  first-class, 
and  as  a  citizen  no  one  knows  him  but  to  respect  and  esteem  him 
beyond  the  common  lot  of  man. 

J.   H.  Carpenter,  Madison,  was  born  in  Ashford,  Windham  county, 
Connecticut,  February  14,  1822.     He  read  law,  was  admitted  to  the  bar 


344  THE    BENCH    AND    BAR    OF    WlS<.:ONSIN. 

in  March,  1847,  and  practiced  his  profession  in  Willimantic,  Connecti- 
cut, to  the  time  of  his  coming  to  Madison  in  June  1857.  Besides  atten- 
tion to  an  extensive  practice  during  his  residence  at  Madison,  Mr. 
Carpenter  has  been  a  professor  in  the  law  department  of  the  State  Uni- 
Tersity  since  its  organization,  and  for  many  years  dean  of  the  law 
faculty,  continuing  as  such  to  the  present  time.  In  1876  the  faculty  of 
the  university  bestowed  upon  Mr.  Carpenter  the  honorary  degree  of 
LL.D. 

O.  M.  CoNOVER,  Madison,  reporter  of  the  supreme  court  of  Wis- 
consin, was  born  at  Dayton,  Ohio,  October  8,  1825.  His  father  was  of 
Dutch  ancestry,  and  his  mother.  Sarah  Miller  Conover,  was  a  native  of 
Kentucky.  He  graduated  at  Princeton  College  in  1844,  after  which 
he  taught  for  two  years,  first  in  Kentucky,  near  Lexington,  and  then  as 
instructor  in  Latin  and  Greek  in  the  Dayton  Academy,  studying  law 
meantime,  in  the  office  of  Schenck  &  Conover.  In  the  fall  of  1846  he 
entered  the  Princeton  Theological  Seminary,  and  graduated  from  that 
institution  in  1849.  Removing  to  Madison,  Wisconsin,  in  1850,  he 
edited  and  published  for  a  short  time  a  literary  and  educational 
monthly,  entitled  The  Northwestern  Journal.  In  1850  he  became  an 
instructor  in  the  State  University  of  Wisconsin,  then  recently  organized. 
The  entire  faculty  at  that  lime  consisted  of  Chancellor  John  H.  Lathrop» 
Professor  John  W.  Sterling  and  the  subject  of  this  sketch.  When  the 
University  moved  into  one  of  the  buildings  upon  its  present  site,  in 
1852,  Mr.  Conover  was  called  to  the  chair  of  ancient  languages  and 
literature,  which  position  he  occupied  until  1858.  If  he  had  known 
that  one  of  his  pupils  would  be  his  present  biographer,  perhaps  he 
would  have  been  less  severe  as  to  the  second  aorist  passive  of  Greek 
verbs  ending  in  mi .'  Professor  Conover  was  admitted  to  the  bar  of 
Dane  county  in  1859.  On  the  appointment  of  P.  L.  Spooner,  as 
reporter  of  the  supreme  court  in  1861,  he  became  associated  with  that 
gentleman  in  the  preparation  and  publication  of  Wisconsin  reports, 
beginning  with  volume  twelve.  When  Mr.  Spooner  resigned,  in  the 
summer  of  1864,  he  was  appointed  his  successor.  The  first  volume 
bearing  Mr.  Conover's  name  as  official  reporter  is  volume  sixteen;  but 
that  was  m  tact  prepared  by  S.  U.  Pinney,  in  accordance  with  previ- 
ous arrangements.  Volume  forty-nine  is  the  last  that  has  appeared  at 
this  date.     Volumes  twenty-nine,  thirty  and  thirty-seven  were  respcc- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  345 

lively  prepared  and  edited  by  James  Simmons,  of  Geneva,  Wisconsin, 
James  L.  High,  of  Chicago,  and  Edward  E.  Bryant,  of  Madison.  The 
other  volumes  which  have  appeared  during  Mr.  Conover's  incum- 
bency have  been  mainly  prepared  and  wholly  edited  by  himself, 
though  he  has  sometimes  had  occasion  to  avail  himself  of  the 
assistance  of  Burr  W.  Jones,  of  Madison,  John  B.  Simmons,  of 
Geneva,  and  one  or  two  others.  By  these  means  the  series  has 
been  issued  with  a  degree  of  promptness  somewhat  rare  in  the 
reports  of  courts  of  last  resort  in  this  country.  Mr.  Conover's  work  has 
also  been  distinguished  by  excellent  judgment,  eminent  clearness,  and 
succinctness  of  recital,  and  the  accurate  and  exhaustive  character  of 
the  syllabi. 

F.  K.  CoNOVER,  Madison,  was  born  at  Madison,  February  17,  1857, 
and  is  the  son  of  O.  M.  Conover.  He  graduated  from  the  State  Uni- 
versity in  the  class  of  1878  ;  studied  law  in  the  office  of  J.  H.  Carpen- 
ter, and  graduated  from  the  law  department  of  the  State  University; 
was  admitted  to  the  bar  November  10,  1879,  and  is  now  located  in  his 
profession  in  Madison. 

Herbert  W.  Chynoweth,  Madison,  was  born  in  Livingston  county, 
New  York,  August  29,  1848,  and  came  to  Madison  in  1855.  He  gradu- 
ated at  the  State  University  in  the  class  of  1868,  being  valedictorian. 
The  same  year  he  commenced  reading  law  with  E.  W.  Kcycs ;  was  admitted 
to  the  bar  in  April,  1870,  and  beginning  practice  as  a  member  of  the 
firm  of  Orton,  Keyes,  &  Chynoweth.  When  Judge  Orton  went  upon 
the  bench  in  1878  the  firm  became  Keyes  &  Chynoweth.  Since  1878 
he  has  been  assistant  attorney-general. 

Phillip  Cheek,  Jr.,  Baraboo,  was  born  in  Silverton,  England,  May 
II,  1841  ;  came  to  America  with  his  parents  in  1852,  and  to  Wisconsin 
in  May  1856,  since  which  time  he  has  resided  in  or  near  Baraboo.  He 
enlisted  as  a  private  in  Company  A,  Sixth  regiment,  in  April  x86i  ; 
was  discharged  for  wound  received  at  the  battle  of  Antietam ;  was 
deputy  provost  marshal  for  Sauk  county  the  last  seventeen  months  of 
the  war;  was  elected  clerk  of  circuit  court  in  1870;  was  admitted  to 
the  bar  in  September  1876;  commenced  practice  of  his  profession 
January  i,  1877,  and  is  now  district  attorney  of  Sauk  county. 


L.. 


34f)  THK    r.K.NCH    AND    IIAR    OK    WISCONSIN. 

Frank  E.  Campbell,  Tomah,  was  born  in  Oconomowoc,  Wisconsin, 
June  21,  1855,  and  was  educated  for  the  bar  in  the  law  school  of  the 
State  University,  from  which  he  graduated  in  the  class  of  1878.  He 
was  admitted  to  practice  in  April,  1878,  and  entered  upon  his  profession 
at  Norwalk,  in  1879.  In  January,  1880,  he  came  to  Tomah,  has  been 
in  practice  there  to  the  present  time,  and  has  been  in  partnership  with 
H.  C.  Spaulding,  the  firm  being  Spaulding  &  Campbell. 

Jared  Comstoc:k  (tRrgory,  Madison,  was  born  at  the  house  of  his 
father  at  Gregory  Hill,  where  his  grandfather  had  settled  at  a  very  early 
day,  in  the  town  of  Butternuts,  Otsego  county,  New  York,  January  13, 
1823.  Mr.  Gregory  was  educated  at  (xilbertsville  Academy,  and  pur- 
sued classical  studies  at  Cooperstown  under  a  private  tutor;  read  law 
with  Judge  Charles  C.  Noble,  of  Unadiila,  whose  brother-in-law  he  sub- 
sequently became;  was  admitted  to  the  bar  in  Cortland  county,  New 
York,  in  1848.  He  was  chosen  justice  of  the  sessions  while  quite  young, 
and  filled  various  local  offices.  In  1858  he  removed  with  his  family 
from  Unadiila,  New  York,  where  he  had  practiced  law  from  the  time  of 
his  admission,  to  Madison,  Wisconsin,  which  has  since  been  his  home. 
He  was  chosen  mayor  of  that  city  in  1873 ;  was  a  delegate  to  the  demo- 
cratic national  convention  at  Cincinnati  in  1880,  and  one  of  the  vice 
presidents  of  that  body.  He  was  for  twelve  years  a  regent  of  the  Uni- 
versity of  Wisconsin,  and  member  of  the  executive  committee  of  the 
board,  voluntarily  resigning  in  1881,  and  has  at  all  times  been  an  active 
and  faithful  friend  of  that  institution.  On  coming  to  Madison  in  1858 
he  associated  himself  with  S.  U.  Pinney,  in  the  practice  of  the  law, 
under  the  firm  of  (Gregory  &  Pinney»  and  their  partnership  continued 
until  1879,  when  it  was  dissolved,  and  Mr.  Gregory  formed  a  law  part- 
nership with  his  younger  son,  Charles  N   (iregory,  which  still  continues. 

Henry  Howarth,  Mazomanie,  was  born  in  Manchester,  England, 
September  i,  1S14;  came  to  the  United  Stales  in  October  1850,  and  on 
his  arrival  proceeded  direct  to  Mazomanie,  then  called  Farmersville, 
where  he  l)ought  a  homestead,  and  has  lived  on  it  ever  since.  He  has 
been  justice  of  the  peace  fifteen  years;  has  practiced  law  in  Mazomanie 
fourteen  years;  was  de|)nty  register  of  deeds  at  Madison  ten  years, 
<:ommencing  in  1864,  and  has  been  town  clerk  and  school  treasurer. 
He  married  Miss  Eliza  I'urner,  in  Kngland,  and  she  died  in  May,  1876. 


THE    BKNCH    AND    BAR    OF    WISCONSIN.  347 

He  has  a  son  and  a  daughter,  both  unmarried,  and  living  on  his  farm 
which  they  carry  on,  leaving  the  father  at  freedom  to  attend  to  his  law 
business.  The  farm  of  Mr.  Howarth  is  one  mile  from  the  village,  and 
comprises  one  hundred  and  twenty  acres. 

Mr.  Howarth  is  one  of  the  most  candid  of  lawyers,  advises  settle- 
ment of  cases  in  preference  to  litigation ;  is  a  square  dealing  man  in 
every  respect.  No  man  stands  higher  in  the  community  in  which  he 
lives,  is  free  and  agreeable  in  intercourse  with  the  world,  and  is  e.xceed- 
ingly  well  preserved  for  a  person  of  liis  advanced  time  of  life. 

Henry  H.  Hatch,  New  Lisbon,  was  born  at  Mesopotamia,  Trum- 
bull county,  Ohio,  March  7,  1821,  and  his  parents  were  Anson  and  Mary 
Hatch.  His  education  was  completed  at  Farmington,  Trumbull  county, 
Ohio;  studied  law  with  George  M.  Tuttle,  in  Warren,  Trumbull  county, 
Ohio,  from  1842  to  1845;  ^^^^  admitted  to  the  bar  at  Jefferson,  Ashta- 
bula county,  Ohio,  in  1845;  commenced  practice  in  Trumbull  county 
with  McConnell  &  Tuttle;  afterward  practiced  in  Johnson  county, 
Indiana,  from  1853  to  1857,  when  he  came  to  Wisconsin,  settled  in  New 
Lisbon,  and  has  resided  there  to  the  present  time,  in  the  practice  of  his 
profession,  until  within  a  few  years,  failing  health  compelling  his  retire- 
ment from  the  active  business  of  life.  Mr.  Hatch  is  a  very  friendly 
gentleman,  and  greatly  respected. 

Burr  W.  Jones,  Madison,  was  born  at  Kvansville,  Wisconsin,  March 
9,  1846,  and  graduated  at  the  State  L^niversity  at  the  end  of  a  clas- 
sical course  in  the  class  of  1870,  and  from  the  law  department  the  next 
year.  *He  read  law  with  W.  F.  Vilas,  and  began  practice  in  Madison 
in  the  spring  of  1872.  He  was  a  partner  with  Judge  A.  L.  Sanborn  for 
two  years  and  with  A.  C.  Parkinson  about  the  same  length  of  time.  In 
.the  fall  of  1872  he  was  elected  district  attorney  and  reelected  in  1874. 
For  about  two  years  he  practiced  alone,  when  in  1880  he  entered  into 
partnership  with  F.  J.  Lamb,  which  connection  continues.  Mr.  Jones 
was  placed  in  nomination  by  the  democrats  in  the  fall  of  1879,  in  the 
Madison  assembly  district,  and  was  defeated,  though  running  several 
hundred  votes  ahead  of  his  ticket.  The  records  of  the  courts  probably 
show  that  no  attorney  has  been  more  actively  engaged  in  nisi  prius 
business  in  the  ninth  judicial  circuit  during  the  past  three  or  four  years 
than  Mr.  Jones.   He  has  confint^d  himself  closely  to  his  large  and  important 


■iiiiife^ 


•J48  THK    BKNCH    AND    HAR    OF    WISCONSIN. 

law  practice,  but  like  most  lawyers  has  taken  an  interest  in  public 
affairs;  in  political  campaigns  he  has  responded  to  the  call  of  the  demo- 
cratic central  committee,  and  he  has  made  for  himself  an  enviable 
reputation  as  a  speaker  in  the  many  public  addresses  which  he  has 
delivered. 

Elisha  W.  K.F.YES,  Madison,  was  born  in  Northfield,  Washington 
county,  Vermont,  January  23,  1828.  He  came  to  Wisconsin  in  June, 
1837,  with  his  father,  Captain  Joseph  Kcyes,  who  remained  in  Milwau- 
kee until  September  of  the  same  year,  when  he  removed  with  his  family 
to  Lake  Mills,  Jefferson  county,  and  settled  there.  Elisha  W.  attended 
the  public  school  at  that  place,  and  completed  his  education  with  a 
short  attendance  at  l^eloit  Seminary.  Choosing  the  law  for  a  profession, 
he  came  to  l^Iadison  in  December,  1850,  entered  upon  the  study  of  law 
in  the  office  of  A.  L.  Collins  and  (ieorge  B.  Smith,  and  was  admitted  to 
the  bar  in  October  1851.  Since  that  date  he  has  had  a  law  office  in 
Madison  in  connection  with  other  practitioners,  but  has  been  almost 
continually  in  active  politics.  In  1852  he  was  appointed  special  agent 
of  the  post-office  department,  to  transfer  balances  due  from  postmasters 
to  the  sub-treasury  at  St.  Louis;  was  elected  district  attorney  for  Dane 
county  in  1858;  was  appointed  |)ostniaster  at  Madison  in  1861,  and 
held  the  office  continuously  until  1882;  was  elected  the  first  republican 
mayor  of  Madison  in  1865,  and  rt*ck'(  ted  the  next  year  without  opposi- 
tion;  in  1871  was  special  attorney  for  ilu:  United  States  in  the  arbitra- 
tion between  the  government  and  the  Green  Hay  ^:  Mississippi  Canal 
comi)any,  before  the  United  States  commissioners;  was  a  delegate  to 
the  republican  national  convention  held  at  Philadelphia  in  1872,  as  also 
at  Cincinnati  in  1876,  and  on  each  occasion  was  chairman  of  the  Wis- 
consin delegation;  was  appointed  in  1877  a  regent  at  large  of  the  State 
University,  and  reappointed  in  i«SSo  for  the  term  of  three  years;  was  a 
candidate  for  republican  nomination  by  the  legislature  of  1879,  for 
United  States  senator,  to  succeed  T.  O.  Howe,  and  during  one  hundred 
ballotings  led  in  the  contest  between  Judge  Howe,  M.  H.  Carpenter 
and  himself,  and  then  withdrawing  in  favor  of  Mr.  Carpenter,  who  was 
thereupon  nominated  by  acclamation ;  was  again  a  candidate  for  the 
same  office  in  1S81,  to  succeed  Senator  .Angus  Cameron,  and  received 
thirty-three  votes  in  the  caucus,  but  failed  of  a  nomination,  and  at  the 
same  session  of  the  lei^islature  was  an  unsuccessful  candidate  for  noini- 


■  A, 

•J 

■■2llBt_. 


THE    HENCH    AND    HAR    OF    WISCONSIN  349 

nation  to  take  the  place  of  the  unexpired  term  of  M.  H.  Carpenter,  in 
the  United  States  Senate,  and  in  1881  was  elected  a  member  of  the 
assembly  by  a  large  majority.  Entering  into  the  arena  of  party  politics 
when  first  starting  in  life,  his  political  career  has  been  a  marked  and 
prominent  one,  always  acting  with  the  stalwarts  of  the  republican  parly. 
In  1869  he  was  chosen  chairman  of  the  state  central  committee  of  the 
republican  party,  and  acquired  a  national  reputation  by  the  distin- 
guished work  he  performed  for  the  republican  cause.  He  continued  at 
the  head  of  this  committee  until  1877,  when,  in  holding  the  office  of 
postmaster,  the  civil  service  order  of  President  Hayes  compelled  him  to 
decline  further  service  as  chairman  of  the  committee.  In  November, 
1881,  his  twentieth  year  as  postmaster  ended,  and  he  would  have  re- 
ceived the  appointment  for  another  term  had  not  an  established  rule  of 
the  department  forbade  his  appointment  while  holding  the  position  of 
member  of  the  assembly,  and  he  preferred  to  forego  the  office,  rather 
than,  by  resigning  his  membership  of  the  legislature,  disappoint  the 
constituency,  who  had  so  generously  elected  iiim.  In  view  of  his  well 
known  ability,  vigor  and  vigilance,  it  is  needless,  perhaps,  to  add,  that 
as  a  legislator,  he  at  once  took  a  prominent,  leading  and  influential  posi- 
tion in  the  proceedings  of  the  body  of  which  he  is,  for  the  first  time,  a 
member.     Colonel  Keyes  is  now  in  the  practice  of  law  in  Madison. 

Joseph  S.  Keyes,  Madison,  was  born  in  Madison,  December  24 
1854,  is  the  son  of  Elisha  W  Keyes,  a  graduate  of  the  Wisconsin  State 
University,  and  of  the  University  law  school,  of  the  class  of  1878; 
studied  law  with  Orton,  Keyes  &  Chynoweth,  in  Madison  ;  was  admit- 
ted to  the  bar  in  Madison,  November  11,  1879,  and  has  been  in  practice 
with  Orton,  Keyes  &  Chynowith  in  Madison. 

Francis  J.  Lamb,  Madison,  was  born  at  Canandaigua,  Ontario 
County,  New  York,  March  2,  1825.  His  parents  were  Aaron  and  Alma 
Castle  Lamb.  His  education  was  obtained  in  the  common  schools  and 
at  Canandaigua  Academy.  He  prepared  for  his  profession  with  Mark 
H.  Sibley  and  Thomas  .\L  Howell  in  his  native  place,  where,  after  his 
admission  at  Rochester  in  1855,  he  practiced  with  Edwin  Hicks.  After 
coming  west  he  has  been  ai  various  limes  asso(  iated  in  practice  with 
William  Welch,  P.  S.  Spooner,  C.eorge  13.  Smith  and  H.  W.  Jones  in  Madi- 
son. He  removed  to  Madison  in  June,  1857,  and  has  resided  there  ever 
since  in  the  practice  of  his  profession.     He  has  not  held  office,  except- 


.*^^0  I'HK    HKNCH    AND    II AR    OK    WISCONSIN. 

ing  he  was  elected  and  served  one  term  as  superintendent  of  public 
schools  of  his  native  town  and  has  served  two  terms  on  the  board  of 
education  of  Madison. 

W.  A.  P.  Morris,  Madison,  was  born  in  Otsego  county,  New  York, 
May  ID,  1832.  He  graduated  at  Hamilton  College  at  Clinton,  New 
York,  in  the  class  of  1854,  and  pursued  the  study  of  law  at  the 
same  institution.  In  1857  he  came  to  Madison  and  was  admitted  to 
practice.  In  1870  he  became  a  member  of  the  firm  of  Stevens,  Flower 
&  Morris,  which  was  afterward  Stevens  &  Morris,  and  then  Sloan, 
Stevens  &  Morris. 

E.  S.  MiNKR,  Necedah,  was  born  in  Madison,  State  of  New  York, 
March  20,  1818.  His  father  was  a  clergyman  of  the  Presbyterian 
denomination,  and  he  came  with  him  to  Green  Bay  in  1828.  His  educa- 
tion was  in  the  public  schools,  and  he  worked  at  farming  in  New  York 
and  Illinois  until  1842.  In  1850  he  made  a  permanent  location  in  Wis- 
consin, when  he  engaged  in  mercantile  business  at  Grand  Rapids,  and 
was  postmaster  at  that  place  until  he  removed  to  Necedah.  At  the 
latter  place  he  has  been  constantly  in  the  lumber  and  mercantile  busi- 
ness with  T.  Weston  and  J.  T.  Kingston,  and  also  postmaster  to  the 
present  time,  with  the  exception  of  two  years.  Having  been  a  prominent 
early  settler  in  the  state  he  has  held  many  offices  of  trust  and  responsi- 
bility; has  been  supervisor  of  Portage  county,  county  judge  of  Adams 
county,  justice  of  the  peace,  treasurer  of  Necedah  fourteen  years,  mem- 
ber of  the  assembly  two  years,  of  the  senate  two  years,  and  one  of  the 
legislative  committee  appointed  by  Governor  Fairchild  to  visit  the 
state  institutions.  In  1845  he  married  Miss  Serena  Elliot  in  Canada* 
and  they  have  six  living  children. 

Myron  H.  Orton,  Madison,  was  born  in  Madison  county.  New 
York,  in  April,  1810.  He  attended  the  common  schools  of  that  and  of 
Niagara  county,  and  worked  at  several  trades  until  he  removed  to  Ohio^ 
where  he  afterward  graduated  at  Kenyon  College.  He  studied  law 
with  John  B.  Orton,  went  to  La  Forte,  Indiana,  where  he  married;  there 
he  practiced  law  and  represented  his  district  in  the  legislature  for  a  time. 
In  1849  he  came  to  Wisconsin  and  pursued  his  profession  in  Milwaukee 
part  of  the  time  being  associated  with  Charles  E.  Jenks  till  1853,  when 


rifK    IJK\(  N     AM)    fJAR    OK    \VIS«  ONSIN.  '551 

he  changed  his  location  to  Madison  and  there  continued  the  practice  of 
law  till  his  death  in  i860.  He  was  a  man  of  great  original  power,  fine 
perceptions,  extensive  reading,  and  of  a  most  retentive  and  reliable 
nieniory.  He  excelled  as  an  elementary  and  probate  lawyer;  was  a 
fine  speaker,  popular  politician  of  the  whig  and  republican  schools,  and 
a  powerful  stump  orator. 

Otho  H.  Orton,  Madison,  was  born  ai  Valparaiso,  Indiana,  March 
12,  1843,  and  was  educated  at  the  Wisconsin  University  and  Maryland 
Agricultural  College.  He  studied  law  with  his  father,  Judge  H.S.  Orton, 
and  graduated  in  the  University  law  class  of  1871.  He  practiced  with  his 
father  in  Madison  until  the  spring  of  1875,  when  he  went  to  Beloit.  In 
September,  1880,  he  returned  to  Madison  and  is  now  in  practice  there. 
While  in  Beloit  he  was  city  attorney  one  year  and  for  four  years  in  part- 
nership with  L.  H.  Parker. 

S.  U.  PiNNEY,  Madison,  was  born  in  Rockdale,  ('rawford  county, 
Pennsylvania,  March  3,  1833.  His  father,  Justin  (!.  Pinney,  was  a 
native  of  Becket,  Berkshire  county,  Massachusetts,  and  removed  from 
there  to  Crawford  county,  Pennsylvania,  in  1815.  His  mother's  maiden 
name  was  Mary  Ann  Miller,  a  native  of  Crawford  county,  Pennsylvania, 
and  of  German  descent.  His  father,  with  his  family,  came  to  Wiscon- 
sin, in  1846,  and  settled  in  what  is  now  the  town  of  Windsor,  Dane 
county,  but  which  was  then  a  part  of  the  town  of  Madison.  The  country 
was  then  new  and  sparsely  settled,  and  the  subject  of  this  sketch  having 
received  a  good  common  school  education,  found  it  necessary  to  give 
his  attention  to  other  subjects  than  books  for  a  considerable  length  of 
time.  He  had,  however,  the  advantages  that  some  private  instruction 
could  give,  and  such  self  instruction  as  his  leisure  hours  only  could 
afford.  He  was,  however,  principally  occupied  in  im|)roving  and  culti- 
vating his  father's  farm.  He  was  tolerably  well  supplied  with  books, 
was  a  great  reader,  and  had  an  excellent  memory;  so  that  whatever 
he  gained,  even  in  the  most  general  or  imperfect  manner,  he  was  able 
to  retain  and  utilize.  Commencing  when  about  seventeen  years  of  age, 
he  taught  district  schools  three  winters.  Having  a  predilection  for  the 
legal  profession,  he  began  the  study  of  the  first  text-books  in  law,  and 
kept  it  up,  as  well  as  his  occupation  on  the  farm  and  teaching  school 
would  permit,  until  April  1853,  when  he  entered  the  law  office  of  Vilas 


352  THE    BENCH    AND    BAR    OF    WISCONSIN. 

&  Remington,  in  Madison,  as  a  student.  From  that  time  to  the  present 
he  has  devoted  his  time  and  attention  exclusively  to  the  law.  In 
February,  1854,  he  was  admitted  to  practice  in  both  the  circuit  and 
supreme  courts  of  the  state,  and  afterward  in  the  federal  courts,  and  in 
May,  1854,  he  entered  upon  the  active  duties  of  his  profession  in  Madi- 
son, in  which  he  has  been  engaged  ever  since.  He  has  ever  been,  and 
is  still,  a  democrat,  and  has  avoided  rather  than  sought  political  prefer- 
ment. He  began  his  career  in  life  single  handed  and  alone,  with  no 
capital  but  his  industry  and  such  qualifications  in  point  of  learning  as 
he  had  acquired  for  engaging  in  the  profession,  and  hence  he  early 
became  accustomed  to  rely  upon  himself;  and  self-reliance  has  been 
the  source  of  his  success.  In  1858  he  was  attorney  for  the  city  of 
Madison ;  in  1865  he  was  a  member  of  tiie  city  council,  and  in  1869  an 
unsuccessful  candidate  for  attorney-general  of  the  state  on  the  demo- 
cratic ticket;  in  April,  1874,  he  was  elected  mayor  of  Madison,  and  in 
November  of  that  year  was  elected  a  member  of  the  assembly;  in  1875 
was  reelected  mayor  without  opposition ;  in  1865  he  prepared  and 
attended  to  the  publication  of  the  sixteenth  volume  of  Wisconsin 
supreme  court  reports;  in  1870  he  was  appointed  special  reporter  by 
the  supreme  court,  to  report  and  publish  the  decisions  of  the  territorial 
supreme  court  and  the  first  supreme  court  of  the  state,  extending  over  a 
period  from  1836  to  June,  1853,  and  which  are  contained  in  the  three 
volumes  known  as  Pinney's  Wisconsin  reports.  Mr.  Pinney  became 
junior  member  of  the  law  firm  of  Vilas,  Roys  &  Pinney,  in  which  Judge 
Levi  B.  Vilas  and  Samuel  H.  Roys  were  his  associates.  In  June,  1856, 
Judge  Vilas  retired  from  practice,  and  in  April,  1857,  Mr.  Roys  was 
elected  county  judge,  which  left  Mr.  Pinney  alone  in  practice.  In 
February,  1858,  Mr.  Pinney  became  a  partner  with  J.  C.  Gregory, 
under  the  name  of  Gregory  &  Pinney,  and  in  October,  1858,  Chauncy 
Abbott  became  associated  with  them,  when  the  firm  became  Abbott, 
Gregory  &  Pinney.  In  1863  Mr.  Abbott  withdrew,  and  Mr.  Pinney 
and  Mr.  Gregory  remained  partners  until  July,  1879,  and  he  afterward 
became  a  member  of  the  law  firm  of  Pinney  &  Sanborn.  The  traits  of 
Mr.  Pinney  are  quick  perception;  a  subtle  power  of  discrimination;  a 
sound,  practical  judgment  and  a  wonderful  memory.  In  the  discussion 
of  legal  principles  in  the  presence  of  the  court,  he  is  lucid  in  his  state- 
ments, logical  in  his  arguments  and  forcible  in  his  conclusions.  He 
speaks  in  court  without  ap{)arcnt  effort,  in  plain,  simple  language,  going 


IHK    BKNl.H    AND    BAR    OF    WIM  UNSIN.  .'>"».'> 

directly  to  the  points  in  the  case  with  logical  and  forcible  arguments, 
without  ornament  to  divert  the  mind  from  the  subject  matter,  and  with- 
out obscurity  to  conceal  it.  It  has  been  his  good  fortune  to  be 
employed  in  many  cases  involving  large  amounts  of  money  and 
property.  He  ranks  among  the  eminently  able  and  successful  lawyers 
of  the  West.  March  3,  1856,  he  married,  at  Colesburg,  Iowa,  Miss 
Mary  M.  Mulliken,  a  native  of  Farmersville,  Cattaraugus  county,  New 
York. 

S.  A.  Pease,  Montello,  was  born  in  Spafford,  Onondaga  county^ 
New  York,  February  23,  1817,  and  received  an  academic  education  at 
Auburn.  He  came  west  in  1837,  and  settled  in  Kenosha  county, 
whence  he  removed  to  Marquette  county  in  1850.  He  was  county  treas- 
urer in  1857  and  1858,  and  member  of  the  assembly  for  four  years, 
beginning  in  1865  and  ending  in  1872.  In  1868  he  was  delegate  to 
the  democratic  national  convention  in  New  York,  which  nominated 
Horatio  Seymour  and  Francis  P.  Blair  for  President  and  Vice-president. 
In  1858  he  became  proprietor  and  editor  of  the  Marquette  Express, 
then  published  at  Oxford.  In  1862  the  publication  of  the  paper  was 
changed  to  Montello,  and  the  namt-  to  Montello  Express.  It  continued 
under  his  management  until  1873,  when  he  retired  from  the  editorial 
6eld  and  devoted  himself  to  his  profession,  which  is  that  of  the  law. 
While  a  member  of  the  legislature  he  served  on  important  committees, 
and  was  active  in  promoting  useful  legislation.  He  was  appointed  by 
Governor  Fairchild  a  member  of  the  state  visiting  committee.  He  is  a 
man  of  liberal  views  and  actively  interested  in  all  measures  designed  to 
promote  the  public  welfare.  His  office  is  a  favorite  resort  of  all  classes 
of  the  community  in  which  he  lives,  and  is,  in  fact,  the  ])olitiral  and 
general  headquarters  for  information  for  the  county. 

Solon  W.  Pierce,  Friendship,  was    born    March    7,    1831,  in    the 

town  of  Yorkshire,  Cattaraugus  county,  New  York.      He  received  an 

academic  education  at  Mendon  Arademv  in  that  state.     While  follow- 

ing  the  trade  of  steam  enginecrini^.  he  IxKrowed  books  and  read  law  lor 

three  years  before  coming  to  Wisconsin  in   1854.      In   May,   1856,  he 

entered  the  law  office  of  H.  P.  Brown,  nr)\v  of  C.ilifornia,  at  Cascade. 

Wisconsin,  and  read  law  with  him  until  June,  1857.     In  that  month  he 

was  admitted  to  the  bar  by  the  circuit  court  for  Adams  county,  and 
81 


354  THE    IIKNCH    AND    BAR    OF    WISCONSIN 

soon  after  entered  upon  the  practice  at  Friendship.  In  1861  he  was 
elected  county  judge  of  Adams  county,  which  position  he  held  until 
1864,  when  he  resigned  to  enter  the  army.  Having  been  commissioned 
first  lieutenant  of  Company  K,  Thirty-eighth  regiment  of  Wisconsin 
infantry,  he  took  part  with  that  regiment  in  every  movement,  skirmish 
and  battle  in  which  it  engaged,  without  a  day's  absence  from  duty. 
This  regiment  performed  a  glorious  part  in  the  closing  battles  of  the  war, 
as  its  list  of  honored  dead  most  tearfully  testifies,  and  with  its  record 
Mr.  Pierce  is  incomparably  identified.  Mr.  Pierce  was  elected  district 
attorney  of  Adams  county,  in  1866 ;  declined  a  renomination  in  1868,  but 
was  reelected  in  1870,  and  has  since  held  that  office.  He  was  elected 
a  member  of  the  Wisconsin  assembly  in  1870,  1877,  1878,  1880, 
and  1881  ;  served  in  that  body,  being  chairman  of  the  judiciary 
committee,  in  1880,  and  again  in  1881  and  1882,  and  also  member  of 
other  important  committees.  Since  1861,  except  when  absent  in  the 
army,  Mr.  Pierce  has  had  editorial  charge  of  the  Adams  County  Press, 
which  has  grown  under  his  management  to  twice  its  original  size,  and 
to  wide  circulation.  In  1866  he  published  a  book  entitled  Battle  Fields 
and  Camp  Fires  of  the  Thirty-eighth  Regiment,  which  was  a  felicitous 
recital  of  the  events  indicated  bv  the  title. 

m 

At  the  last  and  also  the  present  session  of  the  legislature,  Mr.  Pierce 
has  been  the  recognized  leader  of  the  republican  side  of  the  house, 
which  conspicuous  [)osition  he  has  filled  with  ability  and  acceptance. 
His  urbanity,  sound  judgment  and  discretion  have  contributed  to  make 
him  a  useful  member,  esteemed  by  all  parties.  For  the  sessions  of  1880, 
also  of  1 881  and  again  in  1882,  friends  of  Mr.  Pierce  presented  his 
name  for  republican  nomination  for  speaker;  and  his  fitness  for  the 
position  was  generally  acknowledged ;  but  the  innate  modesty  of  the 
man  prevented  him  from  allowing  his  claims  pushed  to  that  extremity 
which  is  often  indispensable  to  success.  Being  yet  young,  he  can  afford 
to  wait  more  propitious  circumstances  for  merited  recognition. 

WiLi.iAM  H.  RoGKRS,  Madison,  was  born  March  15,  1850,  at  Mount 
Morris,  New  York,  and  came  to  Portland,  Wisconsin,  in  1852.  He  lived 
upon  his  father's  farm  until  eighteen  years  of  age.  After  attending 
Marshall  Academy  two  years  he  went  to  the  State  University  and 
graduated  in  the  class  of  1875,  and  from  the  law  department  of  the 
same  institution  the  following  year.     He  has  held  the  office  of  district 


J-  ->■ 


THK    HKNCH    AND    BAR    OV    WISCONSIN  '*{.")*) 

attorney  for  one  term  of  two  years,  and  was  a  member  of  the  common 
council  in  1879.  He  is  in  practice  in  Madison  with  R.  B.  Smith.  For 
a  time  A.  S.  Frank  was  in  the  firm,  but  left  to  go  west  in  1882. 

RuFUS  B.  Smith,  Madison,  was  born  March  1,  1846,  at  Colebrook, 
Litchfield  county,  Connecticut,  and  was  a  member  of  the  class  of  1870, 
of  Yale  College.  He  studied  law  at  Warren,  Pennsylvania,  in  the  office 
of  Brown  &  Stone,  and  was  admitted  to  the  bar  in  Warren,  November 
33,  1869.  He  came  to  Madison  in  September,  187 1,  and  at  once  com- 
menced the  practice  of  his  profession.  In  December,  1876,  he  entered 
into  partnership  with  W.  H.  Rogers,  and  in  January,  1878,  Frank  W. 
Hall  was  added  to  the  firm.  January  i,  1880,  Mr.  Hall  retired  from  the 
firm,  and  the  firm  had  been  composed  of  Smith,.  Rogers  and  Alfred 
S.  Frank,  until  the  latter  went  west  in  1882.  The  firm  is  now  Smith  & 
Rogers.  From  April  1878,  to  April  1880,  Mr.  Smith  was  city  attorney 
of  the  city  of  Madison,  and  since  1873  he  has  been  court  commissioner. 
He  was  a  private  in  Company  F,  Second  Connecticut  heavy  artillery, 
and  was  wounded  in  the  left  arm  at  the  battle  of  Cedar  Creek,  Virginia, 
on  October  19,  1864.  He  was  married  October  13,  1869,  at  Warren, 
Pennsylvania,  to  Miss  Mary  demons.  They  have  one  daughter  named 
Mary  E.  Smith,  who  was  born  February  6,  1872. 

Richard  Smith,  New  Lisbon,  was  bom  in  New  York,  October  181 8. 
He  obtained  his  literary  and  law  education  at  Sudonia,  and  was  admitted 
to  the  bar  about  the  year  1844.  Soon  after  his  admission  he  came  west 
and  spent  his  first  year  in  Wisconsin,  traveling  about  the  state.  At 
the  end  of  that  time,  he  located  in  Waukesha  county,  and  remained  there 
during  a  period  of  ten  years.  He  came  to  New  Lisbon  in  the  winter  of 
1857,  where  he  has  continued  to  reside,  in  the  practice  of  law.  Mr. 
Smith  is  among  the  earliest  of  the  white  inhabitants  of  Wisconsin, 
and  may  be  said  to  have  stood  the  brunt  of  western  pioneer  life.  He 
has  been  district  attorney  during  one  term,  from  1871  to  1872.  While 
Buchanan  was  president  he  was  postmaster  of  New  Lisbon. 

John  Turner,  Mauston,  was  born  in  Kent,  England,  November  3, 
1828.  He  came  to  America  in  1848  an  officer  of  the  Potter's  emigration 
society,  and  settled  on  the  unsurveyed  Indian  land,  near  where  Portage 
now  stands.     In  1854  he  removed  to  Mauston,  where  he  has  made  a 


.'^")0  IHK    MKNCH    AND    HAR    l»K    WIS(.:()\SIN. 

permanent  residence.  Having  studied  law  before  leaving  England  he 
resumed  it  at  Mauston,  and  was  admitted  to  the  bar  in  1857.  Resides 
his  law  practice  he  has  served  in  the  state  legislature;  twice  as  district 
attorney  of  the  county,  and  has  lield  other  local  offices  of  importance. 
In  i860  he  became  editor  and  proprietor  of  the  Mauston  Star,  which 
paper  he  conducted  and  published  until  a  few  years  since,  when  he  dis- 
posed of  it,  in  order  to  give  undivided  attention  to  his  law  practice,  which 
he  continued  while  editing  and  publishing  it.  Under  his  management  the 
Star  was  the  leading  republican  newspaper  in  Juneau  county.  Mr.  Tur- 
ner is  closely  identified  with  the  Masonic  fraternity,  has  served  as 
junior  and  senior  grand  warden  of  the  grand  lodge,  and  has  been  chair- 
man of  the  committee  on  foreign  correspondence  of  the  Knights  Templar. 

Levi  B.  Vilas,  Madison.  Among  the  many  distinguished  members 
of  the  early  bar  of  Wisconsin  who  have  passed  from  earth  to  be  suc- 
ceeded by  a  new  generation  in  the  profession,  no  one  was  marked  by 
stronger  powers,  or  more  characteristic  virtues,  in  his  professional  and 
private  life  than  the  late  Judge  Levi  B.  Vilas,  of  Madison. 

Judge  Vilas  was  born  February  25,  181 1,  in  Sterling,  Lamoille 
county,  Vermont,  a  rugged  section  well  calculated  to  develop  the 
j)hysical  and  intellectual  strength,  and  the  integrity,  industry  and 
ability  which  so  impressed  his  character,  and  distinguished  him  in  all 
his  work  in  life  He  was  ambitious  in  his  youth,  and  having  received 
an  academic  education,  entered  u|)on  a  collegiate  course  of  instruction, 
but,  by  too  persistent  and  constant  api)lication  to  his  studies,  his  health 
became  impaired,  and  he  was  compelled  to  forego  the  completion  of  his 
collegiate  course.  After  a  thorough  study  of  the  law,  to  which  he 
devoted  himself  with  his  usual  energy  and  industry,  he  was  admitted 
to  the  bar  at  St.  Albans,  Vermont,  in  1833,  and  practiced  his  profes- 
sion at  Morristown,  Johnson  and  Chelsea  in  that  state,  for  a  period 
of  eighteen  years.  At  the  start  he  took  a  leading  position  at  the 
bar,  and  during  all  this  time  enjoyed  a  large  and  lucrative  practice, 
extending  throughout  the  state.  Encountering  an  able,  learned  and 
accomplished  bar,  he  diligently  applied  himself  to  his  work,  and  won 
and  maintained  a  professional  reputation  for  ability,  integrity  and 
learning  of  tlie  highest  order,  which  gave  him  a  conspicuous  place  in 
the  front  rank  of  the  most  eminent  members  of  the  bar.  The 
re|)orts  of  the  su|)reme  court  of  that  state  during   the    period    of  his 


.  1  ■ 


THK    HKNCH    AND    BAR    Oh     WISCONSIN  ^'i^'^ 

practice  there  attest  the  extensiveness  of  his  business,  the  varied  char- 
acter of  the  legal  questions  which  he  argued  in  the  causes  in  that  court 
in  which  he  was  engaged,  and  bear  witness  to  the  great  ability,  learn- 
ing, and  energy  with  which  he  presented  and  argued  them  in  that 
tribunal,  then  noted  and  distinguished  for  the  eminent  and  able  jurists 
who  filled  and  adorned  its  bench. 

Judge  Vilas  at  an  early  age  took  pan  in  politics  and  was  chosen 
to  many  positions  of  trust  and  honor  in  his  native  state.  In  1835  he 
was  elected  from  Johnson  to  the  state  constitutional  convention,  and 
represented  that  town  in  the  legislature  in  1836  and  1837,  and  in  the 
Utter  year  was  elected  by  the  legislature  one  of  the  state  commission- 
ers of  the  deaf,  dumb  and  blind,  and  during  the  same  period  he  held 
the  office  of  judge  of  probate.  He  removed  to  Chelsea  in  1838,  and 
represented  that  town  in  the  legislature  in  1840,  1841,  1842  and  1843, 
during  which  time  he  served  on  the  judiciary  committee,  the  last 
year  as  its  chairman.  He  was  elected  state  senator  from  Orange 
county  in  1845,  and  reelected  in  1846,  in  which  year  he  was  unani- 
mously chosen  president  pro  tempore  of  the  senate,  although  the  senators 
of  his  political  party  were  but  a  small  minority  of  that  body.  He  also 
held  the  office  of  judge  of  probate  in  Orange  county  for  three  years, 
and  in  1850  represented  Chelsea  in  the  staie  constitutional  con- 
vention. In  1844  he  was  the  democratic  candidate  for  congress  against 
J.^.cob  Collamer,  and  in  1848  was  supported  by  the  democrats  of  the 
legislature  for  United  Slates  senator  against  William  Upham,  but  was 
defe.Ued  for  these  high  offices,  as  his  political  party  svas  in  the  minority 
in  that  state. 

In  185 1  Judge  Vilas  removed  with  his  family  to  Wisconsin,  and 
settled  at  Madison,  where  he  continued  to  reside  until  his  death.  Here 
he  at  once  took  the  high  position  as  a  citizen  to  which  his  abilities, 
expcfience  and  reputation  entitled  him.  Having  accpiired  a  comfort- 
able fortune  he  retired,  in  1856.  from  the  field  of  .professional  labor, 
and  never  again  resumed  the  practice  of  law.  He  re|)resenled  the 
Madison  assembly  district  in  the  legislature  in  the  years  1855,  1868 
and  1873,  during  which  time  he  zealously  labored  for  the  advancement 
of  the  welfare  of  his  constituents,  and  faithfully  represented  and  pro- 
moted the  interests  of  his  district,  and  in  the  last  year  of  his  service 
as  a  member  of  the  assembly  received  the  votes  of  the  democratic 
members  for  speaker  of  the  assembly.     He  was  elected  mayor  of  the 


300  THK    I51.NCH    AND    BAR    OF    WISCONSIN. 

city  of  Madison  in  April,  1861,  without  opposition,  and  held  that  office 
for  one  year,  in  the  discharge  of  which  trust  he  exhibited  the  same 
qualities  of  firmness,  independence,  integrity  and  ability  which  distin- 
guished him  in  the  administration  of  every  duty,  public  or  private, 
which  he  assumed.  He  was  appointed  by  Governor  Salomon  draft 
commissioner  in  the  war  for  the  Union  in  1862,  and  discharged  the 
peculiarly  difficult  duties  of  that  position  with  such  ability  aud  im- 
partiality as  to  receive  the  approval  and  commendation  of  all  parties. 
He  was  a  firm  and  consistent  friend  of  the  cause  of  liberal  education, 
and,  in  a  service  of  twelve  years  as  a  regent  of  the  State  University,  ably 
and  loyally  supported  and  encouraged  the  friends  of  that  institution, 
and  labored  diligently,  persistently  and  effectively,  during  the  trying 
times  of  its  early  life  and  history,  to  establish  and  maintain  the  uni- 
versity on  a  firm  basis,  and  to  make  it  what  it  was  designed  and 
intended  to  be  by  the  act  of  congress  granting  the  lands  for  its  support 
and  maintenance.  In  proof  of  his  steadfast  devotion  to  the  university, 
he  gave  to  it  for  instruction,  discipline  and  training  in  its  halls  of  learn- 
ing, his  five  sons,  all  of  whom  pursued  there  their  collegiate  course, 
and  graduated  with  honor  to  tiiemselves  and  to  the  institution. 

Judge  Vilas  possessed  a  strong  physical  organization,  and,  until  a 
short  time  before  his  death,  enjoyed  robust  health.  His  personal  pres- 
ence was  fine  and  commanding.  His  powers  of  mind,  naturally  active 
and  vigorous,  improved  and  developed  by  thorough  discipline  and 
generous  training,  impelled  by  an  ardent  and  almost  vehement,  though 
not  impulsive  temperament,  and  supported  by  a  strength  of  will  and 
persistency  of  purpose  that  faltered  at  no  obstacles,  and  yielded  to  no 
opposition,  united  with  a  cool,  clear  and  discriminating  judgment, 
which  led  him  to  quickly,  but  carefully  and  considerately,  examine  and 
decide  all  questions  which  were  submitted  to  his  determination,  made 
him  a  strong,  able  and  positive  man,  sure  and  sound  in  his  conclu- 
sions, an  able,  safe  and  successful  counsellor,  and  in  public  and 
private  life  a  man  of  great  usefulness,  power  and  influence.  In  all 
the  public  and  private  enterprises  which  affected  the  interests  of  the 
community  in  which  he  dwelt,  he  was  foremost  among  their  promoters 
and  advocates,  discouraged  at  no  obstacles  which  to  many  seemed 
insuperable,  but  combating  and  overcoming  all  apparent  difficulties 
by  his  sagacity,  energy,  industry  and  strength  of  will,  which  seemed 
to  gain  new  force    and   vigor    by    encountering   opposition,   he   never 


.^  \« 


THE    BENCH    AND    BAR    OF    WISCONSIN.  'M'y\ 

rested  from  his  work  until  success  was  extricated  from  apparent  defeat, 
and  the  object  and  purpose  sought  to  be  obtained  were  successfully 
accomplished.  Nor  was  he  only  liberal  in  his  labors  for  the  accom- 
plishment of  such  purpose;  he  also  contributed  generously  from  his 
means  to  give  success  to  the  enterprises  which  he  advocated,  and  for 
which  he  labored  to  advance  the  interests  and  promote  the  welfare  of 
the  city  in  which  he  had  his  home. 

He  was  strict  and  punctilious  in  meeting  and  performing  all  his 
duties  and  obligations,  public  or  private,  and  required  a  like  degree  of 
promptness  and  fidelity  from  others.  All  his  dealings  in  the  affairs  of 
life  were  guided  and  marked  by  unswerving  integrity  and  unwavering 
fidelity  to  duty,  and  he  had  little  tolerance  for  a  disregard  of  those 
principles  and  qualities  by  others.  He  believed  that  infidelity  to 
public  trust  was  moral  treason  to  the  state;  and  in  his  performance 
of  the  duties  pertaining  to  a  long  list  of  important  public  trusts  com- 
mitted to  his  care,  during  a  long  and  useful  life,  his  fidelity,  integrity, 
and  patriotism  as  a  citizen  and  public  servant  were  so  conspicuously 
exhibited,  that  they  were  universally  conceded  to  be  beyond  question, 
and  above  the  breath  of  suspicion. 

In  1837  he  was  married  to  Esther  G.  Smilie,  a  daughter  of  Nathan 
Smilie,  of  Cambridge,  Vermont,  a  lady  of  rare  character  and  ])ossessed 
of  marked  womanly  power  and  accomplishments,  whose  counsel  and 
prudent  judgment,  with  remarkable  gentleness  and  grace  of  manner, 
united  with  strength  of  character,  greatly  aided  him  in  all  his  success- 
ful work. 

Judge  Vilas  was  essentially  a  kind-hearted  man.  His  home  was 
broad  and  generous,  and  he  was  faithful  to  the  interests  and  recpiire- 
ments  of  his  family,  and  careful  and  liberal  in  the  education  and  train- 
ing of  his  children,  to  whose  proper  and  rational  development  and  suc- 
cess he  was  devoted.  He  was  kind  to  his  neighbors,  and  cordial,  genial 
and  hospitable  to  his  friends  and  accpiaintances.  He  was  fond  of  soci- 
ety, and  in  conversation  entertaining  and  instructive.  His  society  was 
attractive  not  only  on  account  of  the  solidity  of  his  judgment. and  the 
breadth  of  his  information,  but  for  his  keen  appreciation  and  remarkable 
power  of  illustration  by  appro|)riate  anecdote  and  story.  He  was  a 
careful  observer  of  events  and  a  keen  judge  of  men  and  character, 
quickly  and  intuitively  forming  his  judgment,  and  rarely  failing  in  the 
correctness  of  his  conclusions,  and   his  opinion  upon  all   practic  al  (juos- 


i 


'M)'i  THK    BKNCH    AND    HAK    OF    WISCONSIN. 

tions   of  business  in  public  or  private  concerns  was  always   received 
and  regarded  with  the  greatest  respect  and  consideration. 

He  was  kind  and  sympathetic  to  tlie  poor,  cheerfully  lending  a  help- 
ing hand  to  those  whom  he  found  worthy  of  assistance,  and  many  an  un- 
fortunate i)oor  person  in  the  city  of  his  residence  remembers  with 
gratitude  the  timely  succor  and  encouragement  afforded  him  by  Judge 
Vilas  when  aid  was  necessary  to  success. 

In  his  religious  views  Judge  Vilas  was  intelligent,  broad  and  liberal. 
He  had  read  and  carefully  studied  the  scriptures,  and  few  men  were 
more  familiar  than  he  with  their  teachings,  lessons  and  examples.  But 
he  read  and  regarded  them  with  a  broad  and  philosophical  spirit,  as 
sacred  history,  to  be  interpreted  and  understood  in  the  light  of  reason 
and  |)hilosophy,  unfettered  in  his  judgment  or  appreciation  of  their 
teachings  or  information  by  any  narrow  view,  and  without  an  attempt  to 
warp  or  bend  them  to  fit  any  preconceived  theory  or  plan.  Although 
he  was  a  member  of  no  church  organization,  he  was  firm  and  unshaken 
in  his  belief  in  the  existence  of  a  Divine  Creator,  and  showed  in  all  the 
acts  and  dealings  of  his  daily  life  his  appreciation  of  his  responsibility 
and  duty.  His  religion  was  manifested  in  the  morality  and  uprightness 
of  his  life  and  dealings  with  all  men. 

He  died  at  his  home  in  Madison  on  February  6,  1879,  tinivcrsally 
mourned  by  the  community.  His  widow  and  five  children  survive  him. 
The  action  taken  after  his  death  by  the  civic  authorities  of  that  city,  the 
legislature  of  the  state,  and  by  the  supreme  court,  and  the  private  grief 
of  his  numerous  warm  [)ersonal  friends  throughout  the  state,  attest  the 
high  regard  in  which  he  was  held  by  them  during  life,  and  their  keen 
ap{)reciation  of  the  loss  sustained  by  his  sudden  and  premature  death. 
His  remains  were  interred  in  Forest  Hill  Cemetery  near  Madison,  the 
scene  ot  the  labors  of  his  latter  life. 

William  Frkk.man  Vilas  was  born  in  Chelsea,  Orange  county,  Ver- 
mcint,  July  9,  1S40  He  was  a  lad  of  about  eleven  when  his  father, 
Judge  L.  li.  \'ilas.  came  west  with  his  family,  to  make  his  home  at  Madi- 
son. The  subject  of  this  sketch  early  entered  the  University  of  Wis- 
consin, whence  he  graduated  with  the  highest  honors  of  his  class  in  1858, 
at  the  age  of  eighteen.  His  collegiate  career  gave  promise  of  that 
brilliant  futuro  which  his  maturer  years  have  realized,  and  his  instructors 
and  companions  at  that  time  did  not  fail  to  recognize  in  the  zealous, 


■>. 


.^Wlt'^L: 


THK    KEN'CH    AND    BAR    OK    WIS*  ONSIN.  •}*'»-* 

earnest  and  industrious  young  student,  the  (jualities  which  have  since 
contributed  to  his  success.  Immediately  upon  graduation  he  went  to 
the  Albany  Law  School,  where  for  two  years  he  diligently  and  intelligently 
pursued  the  studies  of  the  profession  he  had  chosen.  He  took  his 
diploma  at  that  institution  in  i860,  and  returning  to  Madison  where  he 
entered  upon  the  practice  of  law  as  a  partner  of  E.  Wakeley,  now  of 
Omaha,  Nebraska,  and  one  of  the  recogni/ed  leaders  of  the  bar  of  that 
state.  Under  such  favorable  auspices,  thoroughly  trained  and  equi|)ped 
for  the  struggle,  and  imbued  with  an  ardent  love  for  his  profession  the 
young  lawyer's  progress  was  rajiid  and  satisfactory.  He  speedily  estab- 
lished himself  in  the  esteem  of  his  brethren  on  the  bench  and  at  the  bar, 
and  readily  gained  the  confidence  and  good  will  of  clients.  He  had.  how- 
ever, only  just  entered  upon  his  career  when  the  civil  war  broke  out. 
We  can  well  believe  it  cost  him  a  struv^gle  to  abandon  his  {profession  and 
the  alluring  prospects  of  success  in  it  which  a  just  ambition  held  out  to 
liim.  No  unworthier  sentiment  could  have  caused  him  to  hesitate,  nor 
could  that  long  control  his  conduct.  He  was  commissioned  captain, 
raised  a  company  and  went  out  at  the  head  of  it  in  the  Twenty-third 
Wisconsin  in  1862.  With  this  regiment  he  participated  in  the  campaign 
before  Vicksburg,  was  present  throughout  the  long  siege,  and  at  the  sur- 
render of  (hat  redoubtable  stronghold  of  the  reb'Mlion,  and  in  many  of 
the  mo.st  hotly  contested  battles  of  our  western  armies. 

He  was  promoted  to  major  and  afterward  lieutenant-colonel,  acting 
as  colonel  and  commanding  his  regiment.  He  resigned  after  a  period 
of  verv  hard  and  a<-iive  service  and  returned  to  Madison,  where  he 
resumed  and  has  since  continued  the  {practice  of  his  profession.  Unlike 
m.'iny  who  returned  from  the  stirring  scenes  of  camp  ;ind  field  to  the 
ilmies  of  f:ivil  life,  he  seemecJ  to  begin  where  he  left  c^ff  when  he  entered 
th'-  army,  and  in  the  same  line  of  progressive  deveN)pment  he  jircssed 
zealously  forward  in  his  professional  career.  He  c-ouicl  not,  in  a  pro- 
fessicin  where,  more  perha{js  than  in  any  other  calling,  a  man  fincjs  that 
I>osition  which  he  is  entitlecl  to  hold,  fail  of  succ  ess.  bee  ause  he  earnecl 
and  deserved  it.  Whatever  he  had  tcj  do  he  did  ihorounhK  and  well, 
relying  not  merely  n(»r  mainly  upon  his  undoiibtccj  natural  talents,  but 
never  failing  in  diligent,  intelliiivnt  and  sv^temiti*  preparation.  He 
early  formed  habits  n(  inclustry,  witlK)iit  whir  ii  .ill  professional  siicress. 
however  brilliant  it  may  seem,  iinist  be  illusivir  .ind  disappoiniin;:  He 
was  married  in  1866,  and  sc)on  after  established  his  beautiful  home  amid 


364  THK    BENCH    ANM»    HAR    OF    WISCONSIN. 

a  grove  of  noble  oaks  a  short  distance  from  the  city,  where  he  could 
enjoy  his  evenings  in  the  seclusion  of  his  library,  undisturbed  by  anxious 
clients  or  the  numerous  distractions  of  town  life.  There  for  years  he 
has  habitually  devoted  his  evenings  until  a  late  hour  of  the  night  to 
study  and  reading,  mainly  in  the  line  of  his  profession ;  for  no  lawyer 
ever  more  fully  realized  the  necessity  for  Coke's  saying:  "a  passion  for 
nocturnal  study."  Yet,  notwithstanding  the  engrossing  character  of  his 
professional  studies,  he  has  found  time  to  wander  into  the  domain  of 
general  literature,  history,  politics,  science,  poetry,  belles-lettres,  and  the 
higher  class  of  fiction,  and  in  such  fields  to  accomplish  what  would  be 
for  an  ordinary  man  an  immense  amount  of  labor. 

Such  was  the  result  of  the  excellent  use  made  by  him  of  all  his 
opportunities,  his  natural  gifts,  his  courage  and  aptitude  for  legal  con- 
troversy and  his  sound  business  sense  and  quick  perceptions,  that  it  is 
not  too  much  to  say  that  at  the  age  of  thirty  he  was  the  peer  of  any 
member  of  the  then  brilliant  bar  at  the  capital  of  the  state.  This  early 
success  neither  tempted  him  to  forego  his  efforts  for  further  triumphs  nor 
filled  the  measure  of  his  ambition.  He  rather  redoubled  his  exertions, 
nor  did  he  thus  seem  to  tax,  but  rather  to  call  forth,  his  powers.  In 
every  line  of  professional  labor — in  the  office,  at  the  pleader's  desk,  in  the 
nisi  prius  court  room,  before  the  courts  of  last  resort  in  equity,  in  law 
or  in  bankruptcy  matters,  he  was  instant,  zealous,  bold,  untiring  and  gen- 
erally successful.  In  his  arguments  in  court  he  is  more  intent  upon 
impressing  the  jury  with  his  views  of  the  case  than  with  his  ability  as  a 
talker,  and  in  consequence  seldom  fails  of  convincing  them.  His  client- 
age,  which  was  considerable  at  an  early  period  of  his  professional  career, 
has  constantly  increased  until  now  he  has  such  a  flood  of  important  busi- 
ness, and  such  constant  demands  upon  his  time  and  attention,  as  commonly 
attend  only  upon  the  most  successful  practitioners  in  our  great  commer- 
cial cities.  He  is  now,  and  for  some  time  has  been,  under  general 
retainer  from  the  Chicago  &  Northwestern  Railway  Company,  and 
transacts  all  their  law  business  in  the  State  of  Wisconsin  in  addition  to 
carrying  on  his  large  general  practice.  He  is  now  professor  of  plead- 
ing, practice  and  evidence  in  the  law  department  of  the  State  University, 
one  of  the  trustees  of  the  State  Orphan  Asylum,  and  was  one  of  the 
three  commissioners  appointed  by  the  supreme  court  to  revise  the 
statutes  under  an  act  of  the  legislature  passed  in  1875.  The  present 
revision  is  the  work  of  those  commissioners.     In  1881  he  was  appointed 


..   Ji".d^ 


'X* 


THE    BENCH    AND    BAR    OF    WISCONSIN.  3<)/> 

a  member  of  the  board  of  regents  of  the  State  University,  a  position 
which  he  still  holds.  He  is  essentially  a  man  of  the  people,  open,  affable 
and  genial  in  manner,  making  friends  readily  with  people  of  all  classes 
in  life,  of  broad  and  liberal  views  on  all  subjects,  and  opposed  to  every- 
thing in  legislation  or  politics  that  is  oppressive  or  undemocratic,  or  that 
seeks  to  foster  the  interest  of  any  class  or  monopoly  at  the  expense  of 
the  general  public. 

Politically  Colonel  Vilas  has  been  all  his  life  a  steadfast  democrat, 
though  in  these  latter  days  it  has  been  doubtless  hard  for  a  man  of  his 
earnest  and  deep  seated  convictions,  on  political  as  well  as  other  sub- 
jects, to  listen  with  any  patience  to  all  the  wild  and  undemocratic  theo- 
ries which  certain  so  called  leaders  of  the  party  have  promulgated  as  the 
true  gospel  of  democracy,  the  chief  merit  claimed  for  them  being  their 
vote  catching  capacity.  His  devotion  to  his  profession  as  well  as  his 
own  tastes  and  inclinations  have  prevented  him  from  participating  in 
the  struggle  for  office,  and  has  always  persistently  declined  nomination, 
notably  when  in  1879  he  refused  to  accept  the  democratic  nomination 
for  governor  of  the  state.  He  was  a  delegate  from  the  state  at  large  to 
the  democratic  national  convention  in  1880,  has  sat  in  other  con- 
ventions of  the  party,  and  frequently  participated  in  its  campaigns. 
Taken  all  in  all,  as  a  lawyer  his  is  a  singularly  well-rounded  character. 
But  it  is  not  merely  within  the  profession  and  as  a  lawyer  that  ('olonel 
Vilas  has  made  and  earned  a  wide  reputation.  Within  the  last  few 
years  his  reputation  as  an  orator  has  extended  rapidly  beyond  the  circle 
of  his  immediate  hearers,  until  it  may  now  be  justly  termed  national. 
It  is  impossible  within  the  limit  of  this  article  to  give  any  account  of 
all  his  great  oratorical  efforts,  whether  forensic  or  otherwise.  He  has 
delivered  a  considerable  number  of  addresses,  political  and  general,  all 
of  which  are  marked  by  deep  thought,  wide  reading  and  scholarly  and 
elegant  diction.  Among  the  notable  public  addresses  of  Colonel  Vilas, 
his  greatest  effort  was  at  the  reunion  of  the  army  of  the  Tennessee,  at 
Chicago,  in  December,  1879,  in  response  to  a  toast  to  Oeneral  Grant, 
who  was  present.  His  was  the  great  speech  of  the  occasion.  The 
orator  had  a  more  critical  and  distinguished  audience  before  him  than 
had  ever  greeted  Demosthenes  or  Cicero.  Among  the  brilliant 
addresses  then  made,  it  was  conceded  that  Colonel  Vilas  excelled  them 
all,  and  obtained  for  him  a  national  reputation,  which  his  subse(}uent 
oratorical  efforts  have  fully  sustained.     He  is  associated  in  business  at 


'M)i'i  IHK    m-.NL'H    AND    »AR    OF    WISCONSIN. 

Madison  with  General  E.  E.  Bryant  and  Edward  P.  Vilas  (a  younger 
brother),  both  of  whom  are  able  and  accomplished  lawyers,  whose  assist- 
ance is  indispensable  to  condiictinij;  the  very  extensive  law  business  in 
which  the  firm  is  engaged. 

Edward  P.  Vilas,  Madison,  was  born  in  Madison,  November  6, 
1852,  and  is  a  son  of  Judge  Levi  P.  Vilas.  He  graduated  in  the  classi- 
cal course  of  the  State  University  in  1872,  and  the  law  department  in 
1875,  was  admitted  to  the  bar  at  the  same  time,  and  has  since  prac- 
ticed law  in  all  the  courts  of  the  state  as  a  member  of  the  firm  of  Vilas 
&  Bryant,  of  Madison,  W.  F.  Vilas  and  E.  E.  Bryant  being  the  other 
members  of  the  firm.  Mr.  Vilas  married  a  daughter  of  General  David 
Atwood,  of  Madison,  on  November  9,  1877,  and  they  have  one  child. 

William  Wklch,  Madison,  was  born  November  12,  1821,  in  the 
town  of  Lorraine,  Jefferson  county,  New  York.  He  had  simply  such 
education  as  the  district  schools  in  central  New  York  in  those  days 
offered,  and  it  was  completed  when  he  had  reached  the  age  of  fifteen 
years.  He  then  went  to  Watertown,  the  county  .seat  of  the  same  county, 
and  was  apprenticed  in  a  printing  office.  Having  learned  the  trade  of  a 
printer,  in  1840  he  became  associated  with  a  Mr.  R.  S.  Hunt  in  the  pub- 
lication of  the  Carthagenian,  a  weekly  newspaper  at  Carthage,  also  in 
the  same  county.  The  cnter|)rise  was  an  unsuccessful  one  and  was 
abandoned  after  a  tVw  months.  He  then  returned  to  Watertown,  where 
he  purchased  of  his  former  employer  the  newspaper  in  the  office  of 
which  he  had  learned  his  trade — the  Watertown  Register.  In  1843  he 
formed  a  j^artnership  with  Joel  (ireen  in  the  publication  of  the  Hlack 
River  Journal.  This  business  connection  lasted  less  than  a  year,  when 
the  partnership  was  dissolved.  The  office  owned  by  the  partners  was 
destroyed  by  fire  not  long  afterward,  and  furnished  Mr  Welch  a  subject 
for  a  sketch  written  in  his  later  years,  which  was  one  of  the  most  brill- 
iant and  characteristic  of  his  miscellaneous  articles.  The  notes  given 
by  (ireen  to  Mr.  Welch  in  payment  of  his  interest  in  the  press  were 
(lei)osited  with  a  neighboring  lawyer  for  collection,  and  were  burned 
with  the  lawyer's  office  in  tiie  same  conflagration. 

In  October,  184.^,  Mr.  Welch  came  to  the  west,  settling  at  Rockford, 
Illinois.  He  had  read  law  at  odd  spells,  with  a  constant  design  to  adopt 
it  ultimately  .is  his  profession       In  Koc  kfor<l  he  formed  a  law  partner- 


THK    BENCH    AND    IJAR    OF    WISCONSIN.  3^)7 

ship,  which  did  not,  however,  long  continue,  and  in  1845  he  went  to 
Springfield.  Illinois,  where  he  worked  again  at  his  trade  in  the  state 
printing  office.  He  afterward  went  to  St.  Louis,  where  he  worked  as 
compositor  on  the  Missouri  Republican,  hut  l)eing  taken  ill  of  chills  and 
fever  he  returned  to  Rockford. 

In  1845  he  came  to  Wisconsin  on  a  visit,  and  with  his  brother-in- 
law,  Chester  Bushnell,  he  purchased  the  old  Madison  hotel,  located  on 
the  south  side  of  King  street,  adjoining  the  present  site  of  Dean's  block 
in  Madison.  He  continued  in  the  hotel  business  until  1849,  when  he 
formed  a  law  partnership  with  Julius  T.  Clark,  and  he  has  since  that 
time  devoted  himself  with  industry,  zeal  and  success  to  the  continuous 
practice  of  this  profession.  His  law  partners  after  Mr.  Clark  were  F.  J. 
Lamb,  B.  P.  Kissam  and  Sinclair  \V.  Boikin,  the  latter  a  son  of  the  late 
Colonel  Alexander  Botkin.  The  law  firm  of  Welsh  &  Botkin  was 
formed  ye^rs  ago,  and  its  business  has  been  very  extensive  in  all  depart- 
ments of  practice,  the  partners  being  the  warmest  of  friends  as  well  as 
business  associates,  and  possessing  each  other's  un(jualified  esteem  and 
confidence. 

Mr.  Welch  is  a  good  lawyer  in  all  the  details  of  ordinary  practice. 
He  is  well  grounded  in  the  common  law  and  is  skilled  in  practice.  He  is 
a  remarkable  advocate  and  jury  lawyer,  and  is  adroit,  fertile  in  resources, 
and  {)ossesses  great  power  in  the  trial  of  causes.  He  j)repares  cases  with 
great  care;  he  recognizes  with  unerring  sagacity  their  strong  points,  and 
he  never  trifles  with  his  legitimate  advantages  in  a  suit  for  |)ur[)oses  of 
professional  display.  He  makes  success  in  his  cases  the  one  object 
before  him,  and  he  uses  all  the  proper  means  at  his  command  for  that 
end  alone ;  an  accurate  and  (juick  judge  of  human  nature,  he  knows 
the  effect  of  evidence  and  argument  on  juries,  and  he  seldom  or  never 
misapplies  facts  or  logic  so  that  their  force  is  lost  or  impaired.  Many 
of  his  arguments  have  been  of  great  power;  with  a  coj)ious  diction,  with 
great  acuteness  as  a  reasoner,  and  with  unfailing  tact  in  staling  his  points 
to  the  common  apprehension  of  jurors,  he  convinces  and  moulds  the 
judgments  of  those  to  whom  his  arguments  are  addressed.  To  this 
array  of  useful  faculties  he  adds  at  times  marked  effects  in  oratory ;  he 
has  command  of  an  earnest  and  sustained  style  of  eloquence;  his  wit 
and  sarcasm  are  of  the  most  brilliant  description,  and  he  can,  when 
occasion  requires,  hurl  the  fiercest  denunciation  at  a  bad  cause,  an  un- 
sound  principle  or  an  obnoxious  opponent.     One  ot  the  hapf)icst  epi- 


J508  THK    BENCH    AND    BAR    OF    WISCONSIN. 

sodes  in  forensic  oratory  occurred  many  years  ago  in  a  trial  in  the  circuit 
court  at  Madison,  in  Mr.  Welch's  address  to  the  jury.  It  appeared  that 
the  opposing  counsel  and  party  were  both  named  Smith,  and  it  was 
claimed  that  both  had  some  claims  to  an  ancestry  traced  to  Captain 
John  Smith,  the  founder  of  Virginia.  In  reaching  this  part  of  the  argu- 
ment Mr.  Welch  said: 

"  Why,  gentlemen  of  the  jury,  if  it  be  true,  as  claimed  by  this  Smith, 
the  attorney,  and  this  Smith,  the  client,  that  they  are  lineal  descendants 
of  the  famous  John  Smith,  of  Virginia,  Pocahontas,  that  virgin  queen  of 
the  forest,  committed  a  grievous  sin  to  this  age  and  to  this  generation 
in  staying  the  uplifted  war  club  of  her  savage  father." 

The  following  extract,  from  a  patriotic  address  by  Mr.  Welch  at 
Dodgeville  in  1875,  is  a  favorable  specimen  of  his  more  sustained  style 
of  eloquence,  and  having  been  once  published,  through  an  innocent 
imposition,  as  an  extract  from  an  early  speech  by  Daniel  Webster,  had 
an  extensive  currency  through  the  press  as  such  : 

"  Twenty-seven  years  more  and  a  century  shall  witness  a  grand  anni- 
versary. Many  here  this  day  will  participate  in  the  demonstration  to  be 
born  on  the  4th  day  of  July,  1876.  It  will  be  a  proud  day.  The  con- 
stellations, robed  in  the  azure  light  of  sixty  centuries,  will  attend  the  morn- 
ing's first  rays.  The  great  luminary  of  day  will  rise  in  the  cast  saluted 
by  the  roar  of  ten  thousand  times  ten  thousand  cannon.  Our  flag,  com- 
bining ethereal  blue  with  the  red  and  white,  will  wave  a  greeting  to  the 
morning  stars  as  they  retire  to  the  chambers  of  the  Almighty  and  veil 
their  forms  from  mortal  vision.  The  people  will  gather  together  to 
rejoice  and  to  celebrate  with  their  whole  hearts.  The  Declaration  of 
Independence  will  be  read  with  the  fervor  and  with  the  patriotism  with 
which  it  was  read  in  1776.  Orators  will  burn  with  the  eloquence  of 
John  Adams;  the  fife  and  the  drum  will  play  our  national  anthem  with 
martial  ardor;  bands  of  music  will  swell  the  chorus  of  the  Star  Spangled 
Banner,  and  Hail  Columbia  will  vibrate  upon  the  swell  of  each  passing 
breeze.  With  a  national  salute  to  the  sun  as  he  sinks  from  view  behind 
the  golden  waves  of  the  Pacific,  bonfires  will  illuminate  the  heavens, 
rockets  will  scream  through  the  air,  and  general  joy  will  witness  the 
close  of  the  pageant.  Heaven  will  look  down  approvingly,  for  this 
people  will  never  forget  that  in  the  hollow  of  his  hand  is  the  destiny  of 
nations." 

The  following  paragraph  consists  of  reflections  caused  by  the  re- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  301> 

moval  of  the  Madison  post-office  into  the  government  building  of  that 
city,  on  its  completion,  the  last  of  its  many  changes  from  place  to  place, 
in  187 1 : 

"  It  would  be  vain  to  contemplate  how  many  and  various  fortunes  it 
has  carried  with  it  in  its  wanderings — what  expectations  and  fears  have 
waited  on  its  outgoings  and  incomings,  how  many  smiles  it  has 
brought  to  happy  faces,  of  how  many  tears  it  has  been  the  fountain, 
during  its  vagabond  existence.  The  missives  that  have  come  and  gone 
through  its  portals  have  been  laden  with  every  human  care  and  affec- 
tion, with  the  grief  of  mourners  and  the  joys  of  triumph,  with  the  de- 
lights of  love  and  the  sickness  of  hope  deferred,  with  all  that  there  is 
bright  and  all  that  there  is  dark  in  human  vicissitudes.'' 

\f  r.  Welch  has  advocated  some  novel  and  startling  political  theories. 
He  has  argued  with  great  force  and  eloquence  that  state  lines  should  be 
abolished,  and  for  the  consolidation  of  all  the  elements  of  our  political 
system  into  "one  executive,  one  legislature, one  court,  one  code  of  laws, 
one  currency  and  one  country."  He  is  also  the  author  of  a  theory  of 
suffrage  which  shall  give  the  voter  one  ballot  at  the  age  of  twenty-one, 
two  ballots  at  the  age  of  forty-two,  and  three  ballots  at  the  age  of  sixty- 
three,  by  which  the  conservative  spirit  which  grows  with  the  years  of 
man  shall  have  increased  power  in  government  over  the  unripe  enthu- 
siasm of  youth  and  adolescence.  His  early  politics  were  those  of  the 
constitutional  whigs ;  he  has  acted  with  the  refuiblican  party  and  as  an 
independent  since  the  whig  party  dissolved.  He  twice  represented  the 
ward  in  which  he  lived  in  the  common  council  of  Madison,  and  was 
repeatedly  a  candidate  for  other  ofhces,  but  at  such  times  and  under  such 
circumstances  as  made  success  impo.ssible,  notwithstanding  his  acknow- 
ledged  personal  popularity.  He  was  the  founder  and  first  president  of 
the  Wisconsin  Fish  Commission,  which  he  organized  and  i)laccd  in 
successful  operation. 

Mr.  Welch  removed  with  his  family  to  Minneapolis  May  1, 1882.  He 
was  accompanied  by  Colonel  Hotkin,  his  law  partner,  and  the  firm  is 
now  in  successful  practice  in  that  city.  He  was  married  in  1850  to 
Jane  W.  I'etherick,  daughter  of  the  late  William  Peiherick,  and  has  four 
children.  The  eldest,  Victor  J.  Welch,  is  associated  with  him  in  his 
law  practice.  The  second,  William  P.  Welch,  though  but  eighteen 
years  of  age,  is  a  promising  journalist,  residing  at  Kau  Claire,  Wisconsin. 
The  third  is  a  daughter,  the  youngest  is  a  son. 


^570  THK    BKNC'H    AND    HAR    OF    WISCONSIN. 

He  was  one  of  tlie  charter  members  of  Hope  Lodge,  No.  17, 1.O.O.F., 
and  was  the  senior  master  mason  in  Madison,  as  he  was  the  senior  in 
practice  at  the  bar  at  the  lime  of  his  removal  from  that  city. 

Mr.  Welch's  literary  ability  is  of  a  high  order,  and  he  has  been  a 
multifarious  reader  in  every  department  of  English  literature.  He  has, 
notably,  a  bright  mind,  quick,  alert,  with  strong  perceptive  faculties,  and 
yet  a  wide  grasp  of  thought  and  solidity  of  understanding.  With  some 
acerbity  and  erratic  traits  of  temper,  he  is  a  good  neighbor  and  a  public 
spirited  citizen ;  he  is  an  entertaining  companion ;  the  warmth  and  sin- 
cerity of  his  friendshii)  arc  a  strong  characteristic,  and  he  is  extremely 
lovable  in  the  social  and  domestic  circle 

Nelson  \V.  Wheeler,  Baraboo,  was  born  at  Siurbridge,  Worcester 
county,  Massachusetts,  June  29,  1828;  came  to  Wisconsin  in  May  1841 ; 
received  an  academic  education  at  Beloit ;  entered  the  law  office  of 
J.  M.  Keep  as  a  student  in  1848,  where  he  remained  two  years,  then 
entered  the  law  office  of  Machin  A:  F'inch  at  Monroe,  where  he  remained 
until  the  spring  of  1851,  at  which  lime  he  was  admitted  to  the  bar, 
and  entered  upon  the  practice  of  law,  which  he  contmued  at  Monroe 
until  1873,  when  he  removed  to  Chippewa  Falls,  where  he  resumed  the 
practice  of  his  profession,  and  came  to  Baraboo  in  1881.  He  held 
the  office  of  district  attorney  eight  years,  as  also  some  minor  offices. 
It  is  not  saying  loo  much  to  denominate  Mr.  Wheeler  an  original  char- 
acter. His  witty  speeches  at  meetings  of  the  bar  and  at  bar  banquets 
are  the  life  of  the  occasion.  His  pioneer  experience  as  practitioner  is 
rich  with  reminiscences,  and  his  inimitable  manner  of  relating  them  is 
particularly  racy  and  entertaining,  his  off-hand  utterances  having  the 
merit  always  of  good  sound  sense.  Without  the  presence  of  Mr. 
Wheeler  the  annual  session  of  the  State  Bar  Association  at  Madison 
would  not  be  much  of  a  meeting.  He  is,  moreover,  sound  in  every 
respect  as  a  man  and  as  a  lawyer,  and  is  universally  respected. 

A.  C.  Wilkinson,  New  Lisbon,  was  born  at  Wibsey,  near  Bradford, 
Yorkshire,  Kngland,  July  16.  1853,  and  came  to  America  when  four 
years  old,  which  was  in  1S57,  the  family  locating  in  Sauk  county,  where 
he  ac(juired  his  education  by  self-instruction.  His  law  studies  were  had 
with  his  brother  at  Mansion;  was  admitted  to  the  bar  in  1877;  com- 
menced practice  at  New  Lisbon  in  the  spring  of  1877,  immediately  after 


THE    BENCH    AND    BAR    OF    WISCONSIN.  371 

his  admission,  and  has  continued  to  reside  there.  He  has  held  some 
local  offices  in  the  village,  among  which  was  that  of  supervisor.  In  his 
youth  he  worked  on  a  farm  until  eighteen  years  of  age,  after  which  he 
was  employed  on  a  railroad  four  years.  Mr.  Wilkinson  is  alone  in  his 
law  practice. 

H.  A.  Lewis,  Madison,  was  born  in  New  Haven,  Vermont,  July 
25,  1837  ;  came  to  Wisconsin  in  1852  ;  was  in  the  classical  course  of  the 
State  University  two  years;  in  the  army  in  Company  D,  Fortieth  infantry, 
hundred  day  men;  clerk  of  circuit  court  in  Dane  county  four  years; 
business  manager  of  the  State  Journal  seven  years;  had  studied  law, 
and  was  admitted  to  the  bar  in  1868,  and  is  now  in  practice  with  his 
cousin,  H.  M.  Lewis. 

TENTH    CIRCUIT. 

David  Agrv,  Green  Bay.  Thomas  Agry,  of  Barnstable,  Massachu- 
setts, was  the  earliest  ancestor  of  the  Agry  family  of  whom  we  have  any 
record.  He  was  a  shipwright  by  trade,  and  built  many  sea-going  ves- 
sels, at  Agry's  Point,  near  Pittston,  .Maine,  at  which  place  he  settled 
before  1770.  His  youngest  son,  John,  the  father  of  the  subject  of  this 
sketch,  was  born  in  Barnstable,  NLissachusetts,  April  7,  1763,  and  mar- 
ried Elizabeth  Reed,  of  Boothbay,  Maine,  (a  sister  of  Colonel  Andrew 
Reed,  of  Phipsburgh,  Maine,  who  commanded  a  regiment  of  militia  on 
duly  at  the  mouth  of  Kennebec  river  in  the  war  of  181 2,)  August  13, 
1793,  removed  from  Pittston  to  Hallowcll  in  1801,  and  died  in  1848. 
David  Agry  was  born  in  Pittston,  August  2,  1794,  had  a  collegiate  edu- 
cation, graduating  at  Dartmouth  College  in  1815;  then  studied  law  for 
a  profession ;  was  admitted  to  the  bar,  and  practiced  several  years  in 
Bangor,  Maine.  When  about  thirty  years  of  age  he  went  to  Louisiana, 
and  after  a  sojourn  of  some  time  in  New  Orleans,  he  finallv  opened  an 
office  at  Shrcveport,  where  he  resided  for  a  number  of  years.  He  sub- 
sequently returned  to  the  north,  and  was  located  for  a  time  in  New 
York  city.  He  there  made  the  acipiaintance  of  Mr.  Joseph  Rolette, 
of  Prairie  du  (Jhien,  a  relative  of  Mrs.  H.  S.  Baird,  of  Green  Bay,  by 
whose  favorable  representations  he  was  led  to  think  of  the  latter  place 
for  a  location,  and  finally  landed  there  from  a  Buffalo  steamer  in  the 
month  of  September  1840.     For  llie  first  year  he  practiced  with   Mr. 

Morgan  L.  Martin,  but  in  the  following  year  opened  an  oftice  in  com- 
22 


372  THE    HENCH    AND    HAR    OF    WISCONSIN. 

pany  with  J.  S.  Fisk.  In  1842  he  was  elected  a  member  of  the  terri- 
torial house  of  representatives,  and  reelected  the  succeeding  year.  In 
1850  he  was  elected  county  judge  of  Brown  county,  which  position  he 
held  until  the  time  of  his  death,  January  30,  1877.  He  was  elected  a 
member  of  the  first  constitutional  convention  in  1846,  from  the  county 
of  Brown,  served  in  that  body  as  chairman  of  the  committee'  on  the 
powers,  duties  Shd  restrictions  of  the  legislature,  and  was  also  a  member 
of  the  committee  on  the  executive  of  the  state.  His  services  through- 
out the  session  were  in  the  highest  degree  important,  dignified  and  con- 
scientious, and  he  ranked  as  a  peer  among  the  most  distinguished  men 
of  that  body.  His  abilities  were  of  the  highest  order,  finely  cultivated, 
in  knowledge  profound,  and  all  his  acts  marked  with  the  force  of  per- 
sonal conviction  and  innate  honesty.  He  was  a  lawyer  of  superior 
erudition,  an  assiduous  reader  of  general  literature,  and,  before  age  and 
extreme  deafness  had  obscured  his  powers,  there  was  no  man  in  the 
community  where  he  lived  who  could  yield  a  richer  fund  of  intellectual 
entertainment  for  a  social  circle.  It  was  said  of  a  famous  Englishman 
that  "  though  not  a  man  to  be  loved,  yet  he  was  eminently  a  man  to  be 
trusted."  Judge  Agry  was  eminently  a  man  to  be  trusted  and  loved. 
Though  never  married,  he  seemed  peculiarly  domestic  in  his  tastes  and 
feelings,  and  always  entered  with  hearty  zest  into  the  joys,  and  cher- 
ished a  tender  sympathy  with  all  the  sorrows  of  the  family  circles  where 
he  was  an  honored  and  pleasing  guest. 

LvMAN  Uarnes,  Appleton,  was  a  native  of  Waupaca  county,  and 
was  born  June  30,  1S55.  He  removed  to  Oshkosh  when  he  was  quite 
young,  and  there  he  obtained  his  education.  He  began  the  study  of 
law  with  K.  R  Finch,  Oslikosh,  and  afterward  went  to  Columbia  Law 
School,  graduating  in  the  class  of  1876.  He  was  admitted  to  the  Wis- 
consin bar  July,  1876,  came  to  .Vpi'leton  ti)e  following  year,  has  since 
practiced  his  profession  there,  and  is  now  a  partner  of  J.  Goodland. 

John  lioiTKNSEK,  Ap[)lelon,  is  a  native  of  Waterville,  Waukesha 
county,  and  was  born  January  4,  1850.  When  five  years  of  age  his 
home  was  changed  from  Waukesha  to  Outagamie  county.  He  was 
educated  at  Lawrence  Universitv,  Ai)pleton,  finishing  his  course  at  that 
institution  in   1872.     He  subsequently  entered  the  law  department  of 


U2\ 


THE    BENCH    AND    BAR    OF    WISCONSIN.  373 

• 

the  Slate  University,  and  graduated  in  the  class  of  1875,  at  the  same 
time  being  admitted  to  practice  at  the  Wisconsin  bar.  Two  years  after- 
ward he  opened  an  office  at  Appleton,  forming  a  law  partnership  with  J. 
E.  Harriman,  which  continued  to  September  i,  1880,  and  since  then 
has  been  in  the  firm  of  Sloan  &  Boltensek.  Mr.  Bottensek  was  elected 
alderman  of  Appleton  in  1878  and  1881. 

Theodore  G.  Case,  Green  Bay,  was  born  in  Castleton,  Rensselaer 
county,  New  York,  July  13,  1853,  his  father  being  Mr.  Timothy  Case, 
vice  president  and  general  superintendent  of  the  (xreen  Bay,  Winona  & 
St.  Paul  railroad.  Mr.  Case  was  prepared  for  college  at  the  Collegiate 
College,  Newton,  New  Jersey,  after  which  he  entered  the  University  of 
Michigan,  took  a  special  course,  and  graduated  at  the  institution  in 
July,  1870,  having  conferred  upon  him  the  degree  of  pharmaceutical 
chemist.  Upon  his  graduation  from  college  he  became  interested  with 
several  New  York  capitalists,  and  was,  by  them,  sent  with  others  to  con- 
struct the  Houston  &  Great  Northern  railroad  of  Texas,  in  which  em- 
ployment he  was  engaged  until  1873,  when  he  returned  to  New  York 
city.  In  the  fall  of  the  same  year  he  commenced  the  study  of  law  with 
Linn  &  Babbitt  at  Jersey  City,  New  Jersey.  His  preceptors  are  emi- 
nent members  of  the  bar,  and,  at  that  time,  were  counsel  for  several 
large  railway  corporations,  and  for  the  notable  Hudson  River  Tunnel 
Company.  Remaining  with  this  firm  two  years  he  then  entered  the  law 
school  of  the  University  of  the  city  of  New  York  to  complete  his  law 
studies.  The  regular  course  of  this  school  is  two  college  years,  of  nine 
months  each,  and  Mr.  Case  has  the  credit  of  having  accomplished  a 
graduation  at  the  end  of  the  first  year  of  nine  months,  and  at  the  same 
lime  he  was  a  student  in  the  office  of  William  .\1.  Evarts.  At  the  time 
of  his  graduation  with  the  degree  of  Bachelor  of  Laws,  in  June,  1876,  he 
was  delegated  by  the  faculty  of  the  college  to  deliver  an  address  at  the 
commencement  exeroises  held  in  the  Academv  of  Musir,  with  a  crowded 
house,  his  subject  being  The  Lawyer  and  Public  Opinions.  Immedi- 
ately afterward  he  engaged  in  general  practice  in  New  York  city,  but 
making  a  specialty  of  corporation  business.  Remaining  in  that  city 
until  April,  1878,  he  came  to  Green  Bay  to  enter  upon  the  duties  of 
general  counsel  of  the  Green  Bay  &  Minnesota  Railroad  Company  to 
which  position  he  had  accej)tetl  an  appointment,  and  is  still  acting  in 
that  capacity.     Upon  the  reorganization  of  the  above  named  railroad 


374  THE    BKNCH    AND    BAR    OF    WlSCOKSIN. 

company  into  the  Green  Bay,  Winona  c\:  St.  Paul,  he  was  elected,  on 
June  7,  1881,  general  attorney  of  the  new  company,  which  office  he  now 
holds.  During  the  time  he  has  been  in  this  state  he  has  acted  as  coun- 
sel for  the  Lackawana  Iron  company,  having  charge  of  the  business  of 
the  company  concerning  municipal  bonds  in  Wisconsin,  and  has  also 
acted  as  associate  counsel  for  The  Farmers  Loan  &  Trust  Company,  of 
New  York,  in  the  foreclosure  of  the  Green  Bay  &  Minnesota  railroad. 
Since  January,  1881,  Mr.  Case  has  been  engaged  in  cases  of  large 
import,  involving  amounts  aggregating  over  one  million  of  dollars,  and 
has  been  uniformly  successful  in  the  management  of  the  litigation  con- 
nected therewith.  The  numerous  suits  at  law  in  which  the  railroad 
company  he  represents  has  been  involved  the  past  year  or  two,  have 
been  as  intricate  as  they  have  been  important,  yet  Mr.  Case  has  suc- 
ceeded in  fully  protecting  and  securing  the  rights  of  that  corporation, 
by  his  tact  and  ability. 

Orlando  E.  Clark,  Appleton,  was  born  in  the  town  of  Darien,  New 
York,  November  9,  1850,  and  was  educated  at  East  Pembroke  and  Le- 
roy  academies,  and  Rochester  University.  He  entered  the  university 
in  the  fall  of  1872,  and  graduated  in  1876.  The  same  year  he  entered 
the  law  office  of  Myron  H.  Peck,  of  Batavia,  New  York,  where  he 
remained  till  November  1877,  when  he  removed  to  Appleton,  Wisconsin, 
where  he  entered  the  office  of  Warner  &  Ryan»  and  was  admitted  *'to 
the  bar  at  (ireen  Bay,  February  i,  following.  He  remained  with  Warner 
f^i  Ryan  till  September  1878,  when  he  opened  an  office  for  himself.  He 
was  admitted  to  the  supreme  court  at  Madison  May  12,  1880. 

(tkorcjk  C  Dickinson,  Shawano,  was  born  in  Rock  county,  Wiscon- 
sin, September  5,  1848.  After  completing  his  education  at  Milton  Col- 
lege, he  studied  law  with  Warner  ^:  Ryan  at  Appleton,  and  was  admitted 
to  the  bar  at  the  same  place  in  June  1874.  He  commenced  practice  in 
A[)pleton  in  1879,  where  he  continued  alone  until  February,  1881,  when 
he  moved  to  Shawano,  and  formed  a  partnership  with  E.  P.  Perry,  where 
he  is  now  in  practice. 

E.  HoLMFS  Ei.i.is.  Green  Bay,  was  born  at  Green  Bay,  August  26, 
1S26,  and  enjoyed  only  such  educational  advantages  as  were  afforded 
by  the  common  scliool  and  intelligent  teaching  in  his  father's  family. 


THE    BENCH    AND    BAR    OF    WISCONSIN.  37.5 

At  a  proper  age  he  entered  the  law  office  of  H.  S.  Baird,  and  prosecuted 
his  law  studies  with  such  diligence,  that  at  the  age  of  twenty-one  years 
he  was  admitted  to  practice  in  the  territorial  courts.  In  November 
1847,  he  opened  an  office  at  Manitowoc  Rapids,  then  a  small  village, 
where  he  continued  to  practice  until  185 1,  when  he  sought  a  larger  field 
by  removing  to  Green  Bay,  and  has,  since  that  lime,  made  it  his  home. 
In  partnership,  at  different  times,  with  W.  J.  Green,  H.  J.  Fenbee,  S. 
D.  Hastings,  Jr.,  George  G.  Green,  and  W.  H.  Norris,  he  has  continued 
to  hold  a  high  rank  in  his  profession,  and  from  187 1  to  1879  occupied 
the  position  of  circuit  judge.  His  eight  years*  service  on  the  bench 
was  eminently  successful  and  satisfactory  to  the  j)cople  of  his  circuit 
and  to  the  bar;  but  declining  health  and  the  meager  compensation 
allowed  for  the  service  compelled  his  resignation.  Judge  Kllis,  though 
never  a  politician,  has  ever  held  very  pronounced  views  uj)on  the  polit- 
ical questions  which  have  agitated  the  country  for  the  past  twenty  years. 
He  has  often  been  called  upon  to  serve  in  public  office,  but  never  as  a 
partisan,  having  been  district  attorney  and  clerk  of  supervisors  of  Mani- 
towoc, alderman  and  mayor  of  the  city  of  (ireen  Bay,  and  registrer  of 
deeds  of  Brown  county.  His  retirement  from  the  bench  of  the  circuit 
court  was  deeply  regretted  by  his  constituents,  not,  however,  without 
the  hope,  and  perhaps  expectation,  that  he  would  be  elevated  to  a 
higher  position.  The  public  service  of  Judge  Ellis  and  his  unimpeacha- 
ble private  character  have  won  for  him  the  confidence  and  respect  of 
his  fellow  citizens  of  all  parlies.  Judge  Ellis  is  a  son  of  the  venerable 
Albert  G.  Ellis,  for  many  years  a  resident  and  prominent  and  highly 
respected  citizen  of  Stevens  Point. 

Hiram  Orlando  Fairchild,  Marinette,  the  subject  of  this  sketch 
is  associated  in  the  practice  of  the  law  with  an  older  brother,  John  B. 
Fairchild,  under  the  firm  of  Fairchild  &  Fairchild.  Mr.  Fairchild  is  a 
native  of  the  State  of  Indiana,  having  been  born  in  that  state  at  New- 
town, Fountain  county,  August  14,  1S45.  He  spent  his  youth  in  his 
native  state,  and  continued  to  reside  there  until  1866,  when  he  went  to 
F'ort  Kearney,  Nebraska,  to  represent  the  business  interests  of  the  late 
Judge  Levi  Hubbell,  of  Milwaukee,  in  the  firm  of  Beale,  La  I'evre  iV 
Company.  The  late  ex-lieutenant-governor  Beale,  of  this  state  was  also 
a  member  of  this  firm.  Mr.  Fairchild  remained  in  Nebraska  until  the 
spring  of  1867,  when  he  removed  to  Wisconsin.     He  prepared   himself 


376  THE    BENCH    AND    HAR    OF    WISCONSIN. 

for  college  in  the  high  school  at  Wabash,  Indiana,  and  entered  Wabash 
College,  which  is  situated  at  Crawfordsville,  Indiana,  in  the  fall  of  1861. 
Here  he  continued  with  an  intermission  of  one  year,  which  he  spent  in 
the  mercantile  business  at  Danville,  Illinois,  until  the  summer  of  1866, 
when  he  graduated  in  the  classical  course,  receiving  the  degree  of  Bach- 
elor of  Arts.  Three  years  later  his  Alma  Mater  conferred  upon  him  the 
degree  of  Master  of  Arts.  Having  studied  law  during  the  years  1868 
and  1869  in  the  law  office  of  his  brother,  who  then  resided  at  Oconto, 
he  was  admitted  to  the  bar  in  May,  1870,  and  located  at  Marinette, 
where  he  has  ever  since  been  actively  engaged  in  the  practice  of  the 
law.  Upon  the  organization  of  Marinette  county,  in  1879,  he  was 
appointed,  by  Governor  Smith,  district  attorney  of  that  county,  to  which 
office  he  has  since  been  twice  elected  by  the  people.  During  his  term 
of  office  as  district  attorney  he  has  prosecuted  several  important  criminal 
cases ;  notably  among  them  is  that  of  the  state  against  Charles  E. 
Crocket,  who  was  charged  with  the  murder  of  John  Kelley,  in  October 
1879.  This  case  became  quite  a  noted  one.  It  was  removed,  by  a 
change  of  venue,  to  Fond  du  Lac  county,  where  Crocket  was  tried  in  the 
spring  of  1880,  and,  although  defended  by  such  eminent  criminal  law- 
yers as  E.  S.  Bragg  and  C.  W.  and  W.  B.  Felker,  was  convicted  of  man- 
slaughter, and  sentenced  to  the  state  prison  for  five  years.  The  case 
was  afterward  removed  by  writ  of  error  to  the  supreme  court  of  the 
state,  when,  to  the  already  great  array  of  counsel  for  the  prisoner,  T.  R. 
Hudd,  of  Green  Bay  was  added.  Mr.  Fairchild  followed  the  case  to 
the  supreme  court,  and  at  the  request  of  the  attorney-general  made  the 
argument  in  behalf  of  the  state.  The  judgment  of  the  lower  court  was 
affirmed.  In  the  conduct  of  this  case,  from  the  beginning  to  the  ending, 
Mr.  Fairchild  was  alone,  and  the  energy  and  ability  with  which  he  pre- 
sented it  made  him  a  wide  reputation  in  the  state  as  a  criminal  lawyer. 
As  everything  connected  with  the  life  and  ancestry  of  the  late  President 
(yarfield  is  of  peculiar  interest  to  the  public,  it  may  not  be  amiss  to  say 
that  the  genealogy  of  Mr.  Fairchild's  family  and  that  of  General  Gar- 
field may  be  traced  back  to  a  common  ancestry,  that  of  Joshua  Bigelov, 
who  died  at  Watertown,  Massachusetts,  in  1745.  Joshua  Bigelow  had 
two  children:  a  son,  Eliezer,  and  a  daughter,  Mercy.  The  daughter 
married  Thomas  Garfield,  Jr.  A  son,  Solomon  Garfield,  was  born  of 
this  marriage.  Solomon  (iarfieUl  grew  up,  was  married  and  had  a  son, 
Abraham  Garfield,  who  was  the  father  of  James  A.  Garfield.     Eliezer 


.•:^v 


^(^.x!?^^::^,-^^^. 


.\  . 


THE    BENCH    AND    BAR    OF    WISCONSIN.  370 

Bigelow,  the  son  of  Joshua  Bigelow,  was  married  and  had  a  son,  Jabez 
Bigelow,  who  in  turn  had  a  son  Reuben.  The  son,  Reuben,  was  married 
and  had  a  daughter,  Laura,  who  married  John  Fairchild  in  1835.  Of 
this  union  the  subject  of  this  sketch  was  born. 

John  Goodland,  Appleton,  who  is  not  a  native  of  America,  came 
to  the  United  States  before  he  had  reached  his  twenty-first  year.  He 
was  born  in  Somersetshire,  Kngland,  August  10,  1831.  He  first  landed  in 
his  new  country  in  1849,  and  settled  in  Wisconsin  in  1854.  His  educa- 
tion was  completed  before  he  had  left  England.  Mr.  Goodland  read 
law  at  Appleton,  and  was  admitted  10  the  bar  of  the  circuit  court  Janu- 
ary 5,  1877;  to  the  supreme  court  of  the  state,  March  12,  1878,  and  to 
the  United  States  circuit  court,  July  9,  1878.  He  is  in  practice  in 
Appleton,  in  partnership  with  Lyman  Barnes. 

George  (i.  Greene,  Green  Bay,  was  born  in  Herkimer  county,  New 
York,  November  18,  1844,  and  came  to  Wisconsin  when  two  years  of 
age.  His  education  was  obtained  in  this  state.  He  studied  law  with 
E.  W.  Kcyes  in  ^L^dison,  and  was  graduated  from  the  Columbia  law 
school  in  New  York,  in  r868.  He  began  practice  at  Green  Bay  in  1870, 
as  a  member  of  the  firm  of  Ellis,  Hastings  v^  Green.  Judge  Ellis  was 
elected  to  the  bench  in  1871,  and  the  firm  has  since  been  Hastings  & 
Green. 

Samuel  D.  Hastings,  Jr.,  Green  Bay,  was  born  in  Philadelphia, 
June  19,  1 84 1,  and  came  with  his  parents  to  Walworth  county,  Wiscon- 
sin, in  1845.  His  father  subsecpiently  became  a  resident  of  Madison, 
where  ho  was  state  treasurer  four  terms  of  two  years  each.  The  voung 
Mr.  Hastings  graduated  at  Beloit  College  in  1863,  and  from  the  Albany, 
New  York,  law  school  in  1865.  His  preparatory  study  of  the  law  had 
been  with  Abbott  &  Hutchinson  at  NLidison.  Having  been  admitted 
to  the  bar  in  due  course,  his  practice  was  entered  upon  at  Madison  in 
partnership  with  E.  W.  Keyes  in  1865,  and  continued  the  connec  tion 
until  1867,  when  Mr.  Hastings  changed  his  held  of  business  and  resi- 
dence to  Green  Bay,  where  he  formed  a  partnership  with  E.  H.  I'^Jlis, 
subsequently  adding  G.  G.  Greene  to  the  firm,  making  it  Ellis,  Has- 
tings &  Greene,  and  when  Mr.  Ellis  went  upon  the  bench  of  the  circuit 
court  the  firm  became  Hastings  iV  Greene,  which  now  continues.     Prior 


380  THE    BENCH    AND    BAR    OF    WISCONSIN. 

to  1878  the  supreme  court  was  composed  of  one  chief  justice  and  two 
associate  justices.  During  that  year  an  amendment  to  the  state  consti- 
tution took  effect,  increasing  the  number  of  associate  justices  to  four.  It 
was  mutually  agreed  that  there  should  be  no  political  contest  over  the 
positions,  but  that  a  democrat  and  a  republican  should  be  supported. 
Mr.  Hastings  received  strong  support  from  the  bar  and  the  press  of  this 
and  adjoining  circuits  as  the  republican  representative.  But  the  matter 
was  finally  settled  by  the  different  parlies  in  the  legislature,  which  was 
in  session  at  the  time,  making  the  noniinations.  In  1880,  by  the  death 
of  Chief  Justice  Ryan,  a  vacancy  occurred  in  that  office,  and  in  the  ex- 
pectation that  Judge  Cole  would  be  elevated  to  that  position,  Mr.  Has- 
tings was  strongly  supported  by  his  professional  brethren  of  all  shades 
of  politics  to  fill  the  vacancy  that  would  be  left  in  that  contingency,  but 
the  choice  fell  upon  another  portion  of  the  state.  No  one  who  knows 
Mr.  Hastings  doubts  for  a  moment  his  eminent  qualifications  to  fill  the 
position  with  usefulness  and  honor. 

Joseph  E.  Harriman,  Appleton,  was  born  at  Louisville,  St.  Law- 
rence  county,  New  York,  August  16,  1834,  and  came  to  Wisconsin  in 
May,  1852.  He  resided  in  Walworth  county  during  1852  and  1853, 
attended  Milton  College  in  1854  and  1855,  and  settled  in  Appleton  in 
1856,  where  he  still  resides.  In  1856  and  1857  he  was  a  diligent  stu- 
dent at  Lawrence  University.  He  studied  law  with  Jewett  &  Hudd  in 
Appleton  in  1858  and  1859;  with  the  late  Judge  Cotton,  of  Green  Bay, 
i.  1868,  and  was  admitted  to  the  bar.  He  has  held  many  positions  of 
honor  and  trust,  and  in  1873  was  elected  county  judge  for  Outagamie 
county  for  a  term  of  four  years;  reelected  in  1877  and  again  in  1881, 
and,  although  the  county  is  largely  democratic,  was  elected  by  increased 
majorities  each  time.     In  politics  he  is  a  liberal  republican. 

Thomas  R.  Hudd,  Green  Bay,  was  a  native  of  New  York  state,  hav- 
ing been  born  in  the  city  of  Buffalo,  October  i,  1835.  His  parents  were 
Richard  and  Mary  Harrison  Hudd.  The  father  was  an  ornamental 
painter  and  designer;  was  a  man  of  decided  character,  and  took  espe- 
cial care  in  the  training  of  this  his  only  child,  giving  him  all  the  advan- 
tages that  his  means  could  afibrd.  Dying  when  his  son  was  yet  young, 
the  widowed  mother  moved  to  Chicago,  Illinois,  taking  her  son  with  her 
when  he  was  seven  years  of  age.     In  the  public  and  select  schools  of 


//^•'</««<i.^___^ 


I 


THE    BENCH    AND    BAR    OF    WISCONSIN.  383 

that  city  he  received  his  early  education.  He  then  worked  three  years 
in  the  printing  offices  of  the  Evening  Journal  and  the  Western  Citizen, 
Chicago,  in  order  to  earn  money  to  enable  him  to  complete  his  higher 
studies.  With  the  money  thus  earned  he  attended  the  Lawrence  Uni- 
versity, at  Appleton,  Wisconsin,  working  in  the  meanwhile  in  the  office 
of  the  Crescent.  On  closing  his  course  at  this  school,  he  commenced 
the  study  of  law,  and,  in  due  time,  was  admitted  to  the  bar  of  all  the 
state  courts  in  1856.  Immediately  entering  into  practice  in  Appleton, 
he  continued  it  twelve  years  with  excellent  success.  In  1868  he  changed 
his  business  to  Green  Bay,  where  he  has  resided  in  active  and  extensive 
practice  to  the  present  time.  He  has  been  admitted  to  the  United 
States  supreme  court,  and  has  a  large  federal  practice.  Mr.  J.  H.  H. 
Wigman  became  his  law  partner  in  1864,  the  firm  now  being  Hudd  & 
Wigman.  Mr.  Hudd  has  not  been  permitted  to  confine  his  labors  to 
his  professional  business  by  his  fellow  citizens,  but  has  been  called  upon 
to  serve  the  public  in  various  ca])acities.  While  living  at  Appleton  he 
represented  that  district  in  the  state  senate  for  the  sessions  of  1862  and 
1863,  and  in  the  assembly  in  1868.  After  moving  to  Green  Bay  he  w;^s 
elected  city  attorney  in  1873  ;  was  elected  member  of  the  assembly  in 
1875  ;  was  senator  at  the  sessions  of  1876  and  1877  ;  again  in  1878  and 
1879,  and  was  reelected  in  1881.  Mr.  Hudd  married,  June  7,  1857,  Miss 
Parthenia  S.  Peak,  who  died  September  24,  1870,  leaving  two  sons  and 
three  daughters;  and  October  2,  1872,  he  married  Mary  Kill,  by  whom 
he  has  four  daughters. 

Senator  Hudd  is  a  prominent  member  of  the  democratic  party,  with 
which  he  has  always  been  identified,  yet  has  been  so  conservative  and 
fair  as  to  command  the  esteem  of  all  parties,  and  is  uncommonly  free 
from  personal  enemies.  In  every  public  station  that  he  has  been  called 
to  occupy  he  has  fulfilled  the  duties  of  it  with  honor  to  himself  and  sat- 
isfaction of  his  constituents.  He  has  been  equally  successful  in  profes- 
sional life.  Frank,  open,  friendly,  true,  and  with  an  attractive  presence, 
few  men  have  more  well  wishers  than  Senator  Hudd. 

George  C.  Jones,  Appleton,  was  born  in  the  town  of  Barry,  near  the 
city  of  Albion,  in  the  county  of  Orleans,  in  the  State  of  New  York, 
October  i,  1829.  His  parents  removed  to  the  county  of  Oakland,  in 
the  State  of  Michigan,  and  settled  near  Pontiac,  when  he  was  only  four- 
teen years  old.     There  he  received  his  education.     He  studied  law  in 


384  THE    KENCH    AND    BAR    OF    WISCONSIN. 

Pontiac  with  H.  L.  Stevens,  and  with  Baldwin  &  Draper,  and  was  admit- 
ted to  the  bar  in  1853.  In  September  of  that  year  he  removed  to  On- 
tonagon, Lake  Superior,  Michigan,  and  there  commenced  the  practice  of 
his  profession.  He  remained  in  this  place  until  1869,  and  was  associa- 
ted a  part  of  the  time  in  a  law  partnership  with  Jay  A.  Hubbell, —  who'  is 
at  present  a  member  of  congress  from  that  district  —  until  he  removed 
to  Houghton,  and  afterward  with  Judge  W.  D.  Williams.  He  then  re- 
moved to  Appleton,  Wisconsin,  for  the  purpose  of  giving  to  his  children 
the  advantages  of  an  education  at  Lawrence  University,  and  where  he 
could  conveniently  look  after  his  extensive  interests  in  copper  and  iron 
mines,  and  pine  lands  at  Lake  Superior.  In  this  latter  city,  besides  his 
law  business,  he  has  given  a  large  part  of  his  time  to  looking  after  his 
mining  and  real  estate  business.  Mr.  Jones  while  residing  in  the  Lake 
Superior  mining  district  was  interested  in  and  took  an  active  part  in  all 
public  matters  relating  to  the  development  of  that  country.  He  held 
several  offices  of  trust,  and  was  a  member  of  the  Michigan  legislature 
for  two  years;  was  prosecuting  attorney  for  several  years,  and  was  cir- 
cuit court  commissioner  and  judge  of  probate  of  Ontonagon  county. 
Mr.  Jones  was  married  in  1854  to  Miss  Elizabeth  H.  Weller,  of  Pontiac, 
and  they  have  five  sons,  one  of  whom  is  an  attorney  at  law  in  Colorado. 

David  Marsh  Kelly,  Green  Bay,  was  born  in  Hamilton,  Massachu- 
setts, in  1 84 1.  He  is  the  son  of  Reverend  George  W.  and  Mary  Marsh 
Kelly.  His  father  was  born  in  Virginia,  and  is  a  Congregational  min- 
ister; his  mother  was  born  in  Massachusetts,  and  belongs  to  one  of 
the  oldest  and  most  respectable  families  in  New  England.  When  about 
ten  years  of  age,  he  removed,  with  his  parents,  who  are  still  living,  to 
Haverhill,  Massachusetts.  He  studied  law,  and  was  admitted  to  the  bar 
in  1865,  to  practice  in  all  the  courts  of  that  state.  Immediately  after  his 
admission  he  formed  a  partnership  with  H.  N.  Merrill,  a  prominent  and 
able  lawyer,  and  commenced  the  practice  of  law  in  Haverhill.  In  1867 
he  removed  from  Massachusetts  to  Appleton  in  this  state,  and  was  soon 
afterward  admitted  to  practice  in  all  the  state  and  United  States  courts 
of  Wisconsin.  Here  he  became  a  director  of  the  Green  Bay  and  Miss- 
issippi Canal  Company,  and  took  charge  of  a  line  of  steamboats  running 
in  the  interests  of  that  com])any  on  the  upper  and  lower  Fox  rivers,  and 
on  Lake  Winnebago.  In  1868  Mr.  Kelly  became  vice-president  and 
su|)erintendent  of  the  Lake  and  River  Transportation  Company,  a  cor^ 


THE    BENCH    AND    BAR    OF    WISCONSIN.  385 

poration  running  steamboats  on  the  upper  and  lower  Fox  rivers,  and  pro- 
pellers on  the  great  lakes,  and  of  wliich  company  ex-governor  Horatio 
Seymour,  of  New  York,  was  president;  and  in  the  spring  of  that  year  he 
removed  from  Appleton  to  Green  Hay,  where  he  has  ever  since  resided. 
In  1869  he  purchased  the  interest  of  the  Dousmans  in  the  property  and 
business  of  Dousman  &:  Elmore,  of  Fort  Howard,  on  the  west  side  of 
Fox  river,  opposite  Green  Bay,  in  this  state,  then  owners  of  the  Green 
Bay  elevator,  and  doing  an  elevator,  grain  and  wholesale  commission 
business.  A  partnership  to  continue  the  business  was  formed  by  Andrew 
K.  Elmore  and  James  H.  Elmore,  of  Fort  Howard,  and  Mr.  Kelly, 
under  the  name  of  Elmore  &  Kelly.  In  1870  he  became  a  director  and 
vice-president  of  the  Green  Bay  and  Lake  Pe})in  Railway  Company,  a 
corporation  organized  for  the  purpose  of  constructing  a  railroad  from 
Green  Bay  to  the  Mississippi  river.  After  careful  investigation  of  the 
project  he  became  convinced  that  there  was  great  merit  in  the  enterprise, 
and  that  with  proper  effort  the  projected  road  could  be  built,  and  he 
therefore  resigned  his  offices  with  the  company,  and  entered  into  a  con- 
tract to  construct  the  entire  line,  binding  himself  to  complete  the  road  to 
the  Mississippi  on  or  before  January  i,  1876.  The  first  rail  was  laid  in 
187 1,  and  in  twenty-five  consecutive  months  from  that  time  the  work 
of  214  miles  was  completed.  This  road  is  now  known  as  the  Green 
Bay  and  Minnesota  railroad,  of  which  Mr.  Kelly  was  vice-presi- 
dent and  general  manager  until  December  1S77,  when  he  resigned  to 
attend  to  his  private  business.  During  the  rebellion  Mr.  Kelly  served 
eighteen  months  in  the  Union  army,  and  took  part  in  the  seige  of  Port 
Hudson  and  other  important  operations  of  the  war.  Heretofore  kee|>- 
ing  aloof  from  taking  active  part  in  |)olitics,  Mr.  Kelly  was  nominated 
in  the  fall  of  1876,  as  the  republican  candidate  for  member  of  assembly 
in  a  strong  democratic  district  of  Brown  county.  He  was  elected  by  a 
large  majority  and  served  as  a  member  of  the  committee  on  the  judiciary 
of  the  assembly  of  1877.  He  was  a  member  of  the  republican  state 
convention,  held  in  June  1877,  and  presided  over  its  deliberations  as  its 
president,  and  filled  the  position  with  such  general  satisfaction  that,  on 
his  reelection  to  the  assemblv  the  same  vear,  he  was  the  republican  can- 
didate  for  speaker  for  the  session  of  1878.  Heing  elected  to  the  assembly 
for  the  third  time,  he  was  chosen  speaker  for  the  session  of  1S7Q.  I  )uring 
the  session  of  1879  he  was  favorably  named  for  a  <(>mpromise  candidate 
for  United  States  senator,  with  prospect  of  election  if  any  other  than  one 


386  THE    BENCH    AND    BAR   OF    WISCONSIN. 

of  the  three  prominent  candidates  had  been  a  necessity.  In  the  summer 
of  the  same  year  his  friends  wished  to  bring  him  out  for  governor,  but  he 
gave  no  encouragement  to  their  friendly  offers  in  that  direction.  In 
the  fall  of  1879  the  republicans  of  Brown  county  nominated  him  for  state 
senator,  to  which  position  he  was  elected  by  a  large  majority  in  a  strong 
opposition  constituency,  and  he  had  the  honor  and  distinction  of  being 
the  first  republican  in  the  senate  of  this  state  from  Brown  county.  His 
present  term  of  office  as  state  senator  expired  in- 1881. 

Mr.  Kelly  is  in  the  enjoyment  of  vigorous  and  perfect  health,  and 
while  not  in  the  active  practice  of  his  profession  is  diligently  and  ener- 
getically engaged  in  furthering  useful  and  important  business  enterprises. 
In  the  two  sessions  of  the  senate  at  which  Senator  Kelly  served,  he  was 
a  conspicuous  and  a  leading  member  of  that  body.  When  speaker  of 
the  other  house,  he  performed  the  duties  of  the  chair  with  distinguished 
ability  and  won  universal  popularity.  Mr.  Kelly  has  been  frequently 
mentioned  for  the  office  of  governor  of  the  state,  as  also  for  United 
States  senator.  Although  a  stalwart  republican  always,  he  has  never 
been  either  a  professional  or  a  scheming  politician.  His  many  manly 
qualities  command  the  respect  of  all  classes  and  all  creeds. 

Aaron  H.  Kellogg,  Appleton,  was  born  at  Vernon,  Connecticut, 
September  i,  1844.  His  education  was  completed  at  Lawrence  Uni- 
versity, Appleton,  Wisconsin.  He  then  commenced  the  study  of  law 
at  Appleton,  with  Hudd  &  Wigman,  and  finished  with  them  after  their 
removal  to  Green  Bay.  He  was  admitted  to  the  bar  at  Green  Bay  in 
September,  1872,  by  Judge  E.  H.  Ellis;  commenced  practice  at  Apple- 
ton,  January  12,  1874;  has  been  court  commissioner  for  the  tenth 
judicial  circuit  since  1875,  and  is  now  in  practice  at  Appleton. 

George  H.  Myers,  Appleton,  was  born  in  Middleton,  Delaware 
county,  New  York.  His  father,  Samuel  Myers,  was  a  farmer.  The 
maiden  name  of  his  mother  was  Rachel  Austin.  The  family  moved  to 
Pennsylvania  in  1828,  and  settled  on  a  farm  four  miles  from  Waterfordt 
where  George  H.  worked  on  his  father's  farm  until  he  was  twenty  years 
of  age,  after  which  he  studied  three  years  at  academies  in  Waterford 
and  Erie.  Subsequently  he  studied  law  with  Judge  John  H.  Galbraith, 
and  was  admitted  to  the  bar  at  Erie  in  May  1849.  Coming  to  Wiscon- 
sin the  same  season,  he  located  in  Appleton,  and  entered  upon  practice 


THE    BENCH    AND    BAR   OF    WISCONSIN.  38'J' 

in  that  village,  which  consisted  of  about  three  hundred  inhabitants. 
He  was  the  first  lawyer  to  open  an  office  in  Outagamie  county,  and 
when  it  was  organized  in  the  spring  of  1852,  he  was  chosen  district 
attorney  for  the  short  term  of  nine  months,  and  subsequently  occupied 
the  office  two  additional  years.  In  April,  1861,  he  was  elected  county 
judge,  and  resigned  the  office  in  February  1865.  He  was  draft  com- 
missioner under  Governor  Salomon,  and,  on  resigning  his  judgeship, 
went  into  the  volunteer  army,  adjutant  of  the  Fiftieth  Wisconsin 
infantry,  served  six  months,  when  he  resigned.  In  1868  he  was 
appointed  postmaster  of  Appleion,  and  held  the  office  eight  years.  On 
the  resignation  of  Judge  E.  H.  Ellis,  Mr.  Myers  was  appointed  judge 
of  the  court  of  the  tenth  circuit,  which  office  he  is  now  occupying. 
Judge  Myers  was  formerly  a  whig,  and  has  been  a  republican  since  the 
organization  of  that  party.  Although  strong  in  his  political  faith,  he 
has  never  sought  government  office  or  political  distinction.  On  the 
contrary  his  inclinations  are  solely  in  the  direction  of  the  "  weightier 
matters  of  the  law."  His  law  library  is  large  and  valuable,  and  in  its 
use  he  is  a  constant  student;  consequently  he  has  not  only  excelled  as 
a  safe  counsellor  and  successful  practitioner,  but  has  the  well-grounded 
reputation  of  soundness  on  points  of  law  and  of  impartiality  in  his 
judicial  decisions.  Judge  Myers  married  Miss  B.  A.  Hawley,  of  Lib- 
erty, Pennsylvania,  August  15,  1852,  and  they  have  a  pleasant  and 
attractive  residence  in  the  heart  of  the  beautiful  city  of  Appleton. 

Samuel  Ryan,  Appleton,  is  a  native  of  the  State  of  New  York,  hav- 
ing been  born  at  Sackett's  Harbor,  March  13,  1824.  His  father  came 
to  this  country  from  Ireland ;  served  in  the  American,  army  in  the  war  of 
1812;  settled  at  Fort  Howard  in  1826,  before  the  city  of  Green  Bay  was 
plaited,  or  contained  within  its  present  limits  over  three  houses;  was 
receiver  of  the  land  office  at  Menasha  several  years,  and  died  in  the 
latter  place  in  April,  1876,  at  the  advanced  age  of  eighty-seven  years. 
His  son,  Samuel  Ryan,  having  received  the  rudiments  of  his  education  in 
the  common  schools,  it  was  completed  in  printing  offices.  His  first  effort 
at  the  printer's  art  was  at  Green  Bay  in  1 841,  at  which  time  he  was  seven- 
teen years  of  age,  afterward  worked  at  the  case  in  Chicago,  and  later  in 
Milwaukee,  where  he  helped  set  up  the  first  number  of  the  Sentinel  news- 
paper. He  went  to  Appleton  in  January,  1853.  and  commenced  the 
publication  of  the  Crescent  on  the  24th  of  the  succeeding    February, 


388  THE    BENCH    AND    BAR    OF    WISCONSIN. 

and  has  continued  the  editor  of  that  paper  to  the  present  time,  except- 
ing the  years  he  was  in  the  civil  war.  It  has  always  been  a  publication 
of  acknowledged  ability  and  of  authority  with  the  democratic  party.  Be- 
sides that  of  editor  Judge  Ryan  has  been  prominent  in  public  and  politi- 
cal affairs.  When  the  war  of  the  rebellion  broke  out  his  patriotism  was 
aroused  and  he  entered  the  military  service  by  enlisting  on  January  4, 
1862,  in  the  Third  Wisconsin  Cavalry.  He  had  previously  enlisted  a 
company  of  sixty-nine  men  for  the  Fourteenth  Wisconsin  Infantry,  but 
not  being  full  was  disbanded  in  camp  by  Adjutant-General  Utley. 
Going  in  as  a  private  he  was  early  advanced  to  the  office  of  quarter- 
master sergeant,  and  was  in  service  until  January  1864.  On  his  return 
home  he  again  devoted  his  attention  to  the  editorial  duties  of  the  Cres- 
cent. He  has  also  been  called  to  fill  civic  offices  by  the  suffrages  of  his 
fellow  citizens :  was  clerk  of  the  circuit  court  two  terms,  county  judge 
two  terms,  member  of  the  assembly  in  1865,  has  been  justice  of  the 
peace  the  past  nine  years,  and  is  now  acting  in  that  capacity. 

Originally  a  whig  Judge  Ryan  became  a  democrat  when  his  party 
ceased  to  exist,  and  was  democratic  presidential  elector  in  1868  and  in 
1876.  He  belongs  to  the  Independent  Order  of  Odd  Fellows,  has 
been  grand  master  of  the  grand  lodge  of  Wisconsin,  andfor  four  years  was 
representative  to  the  sovereign  grand  lodge  of  the  world.  Judge  Ryan  is 
one  of  the  most  reliable,  pleasant  and  cordial  of  men.  He  is  well  versed 
in  the  law,  but,  it  is  understood,  to  have  never  applied  to  be  admitted  to 
practice.  Associated  with  him  in  the  publication  of  the  Crescent  is  his 
brother,  James  Ryan,  who  has  been  state  senator,  mayor,  alderman  and 
treasurer  of  the  city  of  Appleton.  The  judge  has  had  three  wives, 
the  third,  it  is  said,  being  the  first  love. 

Henry  C  Sloan,  Appleton,  was  born  in  De  Ruytcr,  Madison  county. 
New  York,  August  12,  1846.  .Mr.  Sloan  came  to  Wisconsin  with  his 
father's  family  in  1854.  Settling  in  Beaver  Dam,  Henry  C.  received  an 
academic  education.  In  October,  1863,  at  the  age  of  seventeen,  he  en- 
listed as  a  private  in  Company  D,  Fifth  Wisconsin  regiment,  partici- 
pated in  the  battles  of  the  Wilderness,  Spottsylvania,  North  Anna,  Cold 
Harbor,  Petersburg,  and  a  number  of  minor  engagements,  and  in  July, 
1864,  was  appointed  second  lieutenant  of  Marine  corps,  which  office  he 
resigned  in  January,  1865,  when  he  joined  the  Forty-eighth  Wisconsin 
as  first  lieutenant,  and  was  mustered  out  with  the  regiment  in  March 


4 


THE    BENCH    AND    BAR   OF    WISCONSIN.  3H1) 

1866.  He  had  been  previously  appointed  second  lieutenant  of  the 
Fourth  United  Slates  infantry  in  February  1866;  was  promoted  to  first 
lieutenant  in  July  of  the  same  year,  and  on  December  31,  1870,  resigned 
under  the  provisions  of  the  act  of  congress  reducing  the  army.  He 
studied  law  with  his  father,  A.  Scott  Sloan,  at  Beaver  Dam  ;  was  admit- 
ted to  the  bar  March  5,  1872;  practiced  at  Beaver  Dam  until  January 
1875,  when  he  removed  to  Appleton,  where  he  has  since  resided;  was 
elected  city  attorney  in  1877,  1878,  1879  and  1880;  in  the  fall  of  1880 
was  elected  to  the  assembly  and  served  at  the  succeeding  session  of  that 
body.     Mr.  Sloan  has  a  partner,  the  firm  being  Sloan  &  Bottensek. 

John  J.  Tracy,  (ireen  Bay,  was  born  at  Windsor,  Vermont,  Decem- 
ber 23,  1844;  graduated  at  Dartmouth  College  in  the  class  of  1864, 
entered  the  army  immediately  after  graduation,  and  served  till  July, 
1865,  as  a  private  in  the  Fourth  Vermont  regiment.  Upon  his  dis- 
charge on  the  close  of  the  war,  he  came  to  Green  Bay,  and  taught  in 
the  high  school  at  that  place  for  two  years.  He  studied  law  with  J.  C. 
Neville,  and  was  admitted  to  the  bar  in  the  spring  of  1868,  when  he 
commenced  practice  in  Green  Bay;  was  for  a  time  in  partnership  with 
Mr.  Neville,  and  is  now  in  the  firm  of  Tracy  &  Bailey.  He  has  been 
twice  elected  district  attorney,  the  last  lime  resigning  before  the  expira- 
tion of  his  term,  having  served  from  1874  to  1876. 

J.  H.  M.  WiGMAN,  Green  Bay,  was  born  in  Amsterdam,  Holland, 
August  15,  1835.  His  parents  belonged  to  one  of  the  noble  families  of 
Holland.  In  his  early  boyhood  his  parents  bestowed  on  him  an  educa- 
tion in  the  institutions  of  that  country.  At  the  age  of  twelve  he  was, 
aside  from  his  ordinary  studies  in  his  mother  tongue,  also  able  to  read 
and  write  the  French  and  German  languages,  and  is  to-day  one  of  the 
finest  linguists  in  the  slate.  The  death  of  his  mother,  in  1847,  was  the 
chief  cause  which  led  to  his  immigration  to  the  United  Stales  in  1848. 
After  his  arrival  in  Wisconsin  in  the  same  year,  and  until  1854,  he 
worked  at  farming  and  chopping  wood,  and  afterward  obtaincil  a  situa- 
tion as  clerk  in  a  dry  goods  store,  in  Green  Bay,  where  he  continued  for 
over  two  years.  In  the  fall  of  itS56  he  located  at  Bay  selllcment,  and 
taught  the  district  school.  In  August,  1857,  he  married  .Matilda  Lyon- 
nais,  and  kept  on  teaching,  holding  also  the  oftices  of  town  clerk,  treas- 
urer, assessor,  and  justice  of  the  peace  in  the  town  of  Green  Bay,  now 


390  THE    BENCH    AND    BAR    OF    WISCONSIN. 

town  of  Scott,  and  applying  himself  to  the  study  of  the  law,  at  intervals, 
as  opportunity  offered.  In  March,  1863,  he  went  to  Europe  to  attend 
the  settlement  of  his  father's  estate,  and  returned  in  July  of  the  same 
year.  On  his  return  he  located  with  his  family  in  Appleton,  where  he 
entered  the  law  office  of  T.  R.  Hudd,  his  present  law  partner,  continued 
his  studies,  and  was  admitted  to  the  bar  in  February,  1864,  upon  a 
thorough  examination  in  open  court. 

After  his  admission  to  the  bar  he  continued  in  the  office  of  Mr. 
Hudd,  and  became  associated  with  him  under  the  name  of  Hudd  & 
Wigman.  In  the  fall  of  1864  he  received  the  democratic  nomination 
and  was  elected  to  the  office  of  district  attorney  for  Outagamie  county, 
to  which  office  he  was  reelected  at  the  ensuing  election  in  1866,  and 
again  in  1868.  In  the  spring  of  1868  the  firm  of  Hudd  &  Wigman 
moved  their  law  office  to  Green  Bay,  Mr.  Wigman  remaining  for  a  time 
in  Appleton,  to  finish  their  then  pending  business.  In  1870  he  built  his 
present  elegant  residence  on  Astor  Heights,  and  in  the  fall  he  removed 
his  family  therein.  In  1876  his  wife  died,  after  having  for  more  than 
eighteen  years,  with  the  devotedness  of  a  true  woman  and  loved  wife, 
sharing  in  former  years  the  privations  and  struggles  of  her  husband,  and 
having  borne  him  nine  children,  of  whom  two  sons  and  five  daughters 
survive  her.  In  the  same  year  Mr.  Wigman  married  Miss  Jane 
Meagher,  his  present  wife.  In  his  religious  convictions  Mr.  Wigman  is 
a  Roman  Catliolic,  and  in  political  sentiment,  a  democrat,  although 
steadily  avoiding  any  of  its  recipient  honors.  In  1878  he  received  from 
the  governor  the  appointment  of  district  attorney  for  Brown  county,  but 
for  professional  and  other  reasons  declined  the  same.  In  1879  ^^^' 
Wigman  was  made  a  member  of  the  Societas  Romana  Princeps  a  Pctro 
Juris  Consultorum,  and  received  his  diploma  from  Rome  under  date  of 
February  21,  1879.  He  began  life  with  nothing,  but  by  perseverance 
and  close  attention  to  business,  has  accumulated  a  moderate  income. 
In  A|)ril,  1882,  Mr.  Wigman  was  elected  mayor  of  Green  Bay.  The 
firm  of  Hudd  &:  Wigman  is  one  of  the  oldest  in  the  slate,  and  has  an 
extensive  practice.  Their  offices  are  among  the  finest  in  the  state,  com- 
prising a  suite  of  five  rooms,  with  a  library  of  about  two  thousand  vol- 
umes. 


\ 

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I  «  •     .  I 


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THK    HF-NCH    AND    HAK    OK    WISCONSIN.  3lK} 

KLKVKNTH    CIRCUIT. 

Danirl  Buchanan,  Jr., Chippewa  Falls,  was  horn  at  Fort  Winnebago, 
Wisconsin,  July  ii,  185 1.  He  was  educated  at  the  State  University; 
graduated  from  the  law  department  of  that  institution,  June  14,  1872, 
and  at  the  same  time  was  admitted  to  the  bar  by  the  supreme  court  at 
Madison.  Subsecjuently  he  was  with  Harllett  \'  Hayden,  Eau  Claire, 
four  years,  from  April,  1873,  to  March.  1877,  at  which  time  he  removed 
to  Chippewa  Falls,  where  he  has  continued  practice  without  a  partner. 

William  R.  Hoyt,  Chippewa  Falls,  is  a  native  of  the  State  of  Ver- 
mont, having  been  born  in  St.  Albans,  March  17,  1845,  his  parents 
being  Romeo  II.  and  Betsey  1).  Hoyt.  His  education  was  obtained  in 
the  public  schools  and  Norwich  University,  in  his  native  state,  after 
completing  which  he  studied  law  with  Bailey  \'  Davis,  at  St.  Albans, 
and  was  admitted  to  the  bar  at  the  same  place,  September  10,  1867. 
Coming  to  Wisconsin  in  1868,  he  located  at  Chippewa  Falls,  an  J  com- 
menced the  j)raclice  of  law  in  company  with  John  J.  Jenkins,  and  after- 
ward with  Mr.  Jenkins  and  J.  M.  Bingham  as  partners.  In  1872  he 
moved  to  Eau  (Maire,  and  entered  into  partnership  with  Henry 
Cousins,  at  which  |>lace  he  was  twice  elected  city  attorney.  Subse- 
quently returning  to  Chippewa  Falls,  he  is  now  practicing  alone,  and  has 
served  as  city  attorney ;  has  been  county  judge  and  court  commissioner 
for  the  county,  and  district  attorney,  having  been  elected  three  terms  in 
succession  to  the  last  named  orti(  e.  During  the  late  war  Judge  Hoyt 
entered  the  volunteer  military  service,  successively  as  luivale,  corporal, 
sergeant-major,  second  and  first  lieutenant,  and  for  the  last  year  of  the 
war  commanded  Company  A,  Tenth  Vermont  infantry. 

CiKORGK  Davis  McDim.,  Osceola  .Mills,  was  born  in  Wayne,  Craw- 
ford county,  Pennsylvania,  July  28,  1838.  Having  received  an  academic 
education  he  ado))ted  the  j>rofession  of  law,  to  fit  himself  for  which  he 
entered  upon  its  study  in  1865,  and  was  admitted  in  the  fifth  circuit, 
at  Prairie  du  Chien,  in  1S70.  He  came  to  Wisconsin  in  1 841,  living 
first  in  Beloit,  afterward  in  X'ernon  county;  finally  settled  in  Polk 
county  in  1872,  and  is  now  in  practice  there.  Mr.  McDill  was  district 
attornev  for  Polk  county  for  two  terms,  from  January  1874;  was  chair- 
man of  the  board  of  supervisors  of  the  same  county  five  successive 
years,  and  member  of  the  assembly  for  1881,  during  the  session  of  which 
38 


.'^.♦4  IHH    HENCH     AND    BAR    »)F    WISCONSIN. 

he  served  on  the  committee  on  the  judiciary,  and  joint  committee  on 
charitable  and  penal  institutions.  At  the  commencement  of  the  late 
war  Captain  McDill  enlisted  in  Company  I,  Sixth  regiment,  in  which  he 
served  in  active  duty  to  March  24,  1874,  at  which  time  he  was  commis- 
sioned captain  of  Company  K,  Thirty-seventh  regiment,  and,  on  account 
of  wounds,  was  discharged  November  3,  1864.  He  was  in  the  engage- 
ments of  (lainsville.  Bull  Run,  South  Mountain,  Antietam,  Fredericks- 
burg, Chanrellorsville,  Gettysburg,  and  the  siege  of  Petersburg.  For 
the  session  of  1882  Captain  McDill  again  served  as  a  member  of  the 
assembly,  and  was  prominent  in  the  business  of  that  body. 

W.  L.  Pierce,  Chippewa  Palls,  was  bom  in  Amboy,  New  York, 
March  22,  1849.  His  parents  were  Joseph  C.  and  Almira  Pierce.  He 
was  educated  at  Lawrence  University,  Appleton,  after  completing 
which  he  studied  law  with  Dobbs  &  Foote,  at  Ripon,  and  was  admitted 
to  the  bar  at  the  circuit  court  at  Fond  du  Lac  in  November  1870. 
He  commenced  the  practice  of  law  at  Ripon  in  company  with  Jeremiah 
Dobbs,  and  the  firm  of  Dobbs  &  Pierce  continued  from  1870  to  1875, 
when  Mr.  Pierce  came  to  Chi])pewa  Falls,  and  entered  into  partnership 
with  Lieutenant-Governor  J.  M.  Bingham,  which  firm  continues  to  the 
present  time.  Since  residing  at  the  Falls  he  has  been  city  attorney, 
alderman,  and  member  of  the  board  of  supervisors. 

William  H.  Stafford,  Chippewa  Falls,  was  born  in  Orono,  Maine, 
March  19,  1855,  and  is  the  son  of  Richard  T.  and  Margaret  M.  Staf- 
ford. His  education  was  obtained  in  the  public  schools  of  Maine  and 
Wisconsin.  He  studied  law  with  Lieutenant-Governor  J.  M.  Bingham, 
at  Chippewa  Falls;  was  admitted  to  the  bar  in  1879;  opened  an  office 
at  Chippewa  Falls,  and  is  now  practicing  law  there.  Since  coming  to 
Chippewa  county  he  has  held  the  office  of  town  clerk  three  years,  and 
now  holds  the  office  of  county  judge  for  Chippewa  county,  to  which  he 
was  elected  April  5,  1881,  for  the  term  of  four  years  commencing  Jan- 
uary I,  1882. 

William  M.  Tompkins,  Ashland,  was  born  in  England,  February 
24,  1845.  ^^^^  education  was  commenced  at  the  Brunson  Institute, 
and  afterward  he  was  two  years  in  the  State  University.  He  prepared 
himself  for  the   profession  of  the  law  by    self  study,  was  admitted  to 


IHK    HKNCH     AND    BAR    OK    WiyroNSIN.  395 

the  bar  at  Ashland  in  July,  1875,  and  has  been  in  praciice  at  that 
place  since  that  time.  Mr.  Tompkins  has  been  district  attorney  for 
Ashland  county,  town  clerk,  and  county  superintendent  of  schools. 

TWKl.KIH    Clkt  IIP. 

Ira  W.  Bird,  Jefferson,  was  born  in  Oneida  county.  New  York,  in 
1819,  and  with  such  outfit  as  was  then  supplied  by  the  common  school, 
came  to  Wisconsin  in  1836;  remained  in  Milwaukee  upon  a  claim,  and 
clerked  in  a  store  until  1838,  and  then  went  to  Madison,  and  was  em- 
ployed as  one  of  the  working  hands  upon  the  old  capitol.  In  1841  he 
was  elected  register  of  deeds  of  Dane  county,  and  held  that  office  three 
years,  was  sheriff  of  Dane  county  one  term,  studied  law  with  Thomas  W. 
Sutherland,  was  admitted  to  the  bar  and  commenced  practicing  law 
at  Madison  in  1847.  He  represented  the  Madison  assembly  district  in 
the  legislature  in  1849.  In  1850  he  went  to  C^alifornia  by  the  way  of 
Salt  Lake,  and  in  that  city  tried  a  suit  in  the  tabernacle  of  the  saints. 
While  in  California  Mr.  Bird  was  city  attorney  of  San  Diego,  quarter- 
master and  commissary  of  an  expedition  fitted  out  by  the  state  to  pro- 
tect the  settlers  in  southern  C'alifornia  from  Indian  depredations,  and  in 
the  winter  of  1852  he  was  employed  to  assist  the  engrossing  i  lerk  of  the 
senate  at  a  session  of  the  legislature  held  at  Sacramento.  In  the  s:im- 
mcr  of  1852  Mr.  Bird  relumed  to  Madison,  and  in  December  of  that 
year  married  Antoinette  Ruby,  youngest  daughter  of  Jeremiah  and 
Maria  Brayton, of  Aztalan  in  1854,  moved  to  Jefferson,  and  two  children, 
Ella  Antoinette  and  Jessie  Louise,  were  l)orn  of  that  marriage.  Jessie 
died  in  infancy.  Klla.is  the  wife  of  R.  B.  Ivirkland,  of  Jefferson.  Mrs. 
Bird,  with  the  roses  of  youth  still  blooming  upon  her  cheek,  was  smitten 
by  the  destroyer,  in  earlv  womanhood,  and  fell,  loved  and  mourned,  as 
only  an  affectionate  daughter,  generous  sister,  loving  wife,  tender  mother 
and  considerate  friend  may  be  loved  and  mourned.  In  1864  Mr.  Bird 
married  Emily  Mary,  daughter  of  A.  V.  a\u\  Lydii  W.  Howes,  of  Jeffer- 
son, and  four  children  blessed  this  union,  Ralph,  Belle.  Janet  and  Edgar, 
all  of  whom  are  living  but  Edgar,  who  died  in  infancy.  Since  Mr  Bird 
has  lived  in  Jefferson  he  has  held  nearly  every  office  in  the  village,  city, 
town  and  county,  among  which  may  be  mentioned  president  of  the  vil- 
lage, mayor  of  the  city,  chairman  of  the  town,  county  clerk,  clerk  of  the 
circuit  court,  justice  of  the  peace,  and  county  judge.  Though  a  mem- 
ber of  the  law  firm  of  I.  W.  &  (i.  W.  Bird,  Mr.  Bird  devotes  the  most  ol 


3iH;  rilh     lil  NLH     AND    HAH    OF    WISc:()NSlN. 

his  time  to  the  improvement  of  a  stock  farm,  owned  by  the  firm,  near 
the  city  of  Jefferson. 

Geokuk  W.  Hiri),  Jefferson,  was  born  in  Milwaukee,  July  28,  1837. 
After  a  preparatory  course,  he  entered  the  Slate  University,  from  which 
he  graduated  in  June,  i860.  He  commenced  the  study  of  law,  July  5, 
i860,  in  the  office  of  Smith,  Keyes  &  Gay,  at  Madison ;  was  admitted 
to  the  bar  two  vears  later,  and  established  himself  in  practice  at  Jeffer- 
son in  1863,  where  he  ha.s  made  his  home  to  the  present  day.  In  May, 
1864,  he  enlisted  in  Company  I),  Fortieth  Wisconsin  regiment  of  three- 
months  men,  and  was  mustered  out  in  September  1864.  Returning  to 
his  profession  at  Jefferson,  he  held  the  oftice  of  county  superintendent  of 
schools  from  1866  to  1S70;  was  private  secretary  to  Governor  W.  R. 
Taylor,  durin^;  his  administration,  and  member  of  his  staff;  w^as  two 
years  member  of  the  county  board  ;  was  chairman  of  the  town  board, 
and  delegate  to  the  national  democratic  convention  of  1876  that  nomi- 
nated S.  J.  Tilden  for  President,  at  St.  Louis.  Colonel  Bird  married 
Maria  S.  Sawin,  October  2,  1864,  and  has  four  children.  He  is  now  in 
partnership  in  the  practice  of  law  at  Jefferson,  with  his  brother,  1.  W. 
Bird,  under  the  title  of  I.  W.  &.  G.  W.  Bird,  and  doing  a  leading  business. 

Nklsun  Rruktt,  Jefferson,  was  born  at  Mussena  Springs,  New 
York,  August  14.  1828,  and  his  parents  were  Francis  Bruett  and  Mary 
DcLerba  Hruett  He  was  educated  at  Gouvernuer,  Wesleyan  Seminary, 
St.  Lawrence  county,  New  York  ;  commenced  studying  law  with 
Holmes  &  Meiriman  in  1856,  at  Jefferson,  Wisconsin;  was  admitted  to 
the  bar  at  Jefferson  in  1859,  by  Harlow  S.  Orton,  circuit  judge;  com- 
menced practice  at  Jefferson  with  John  K.  Holmes,  in  1859,  and  con- 
tinued the  association  with  him  until  the  breaking  out  of  the  war  in 
1861.  He  then  enlisted  in  July,  1S61,  in  the  First  Wisconsin  cavalry; 
was  captain  of  Company  I),  and  was  discharged  for  disability,  in  August 
1863.  His  health  was  so  much  impaired  that  he  did  not  resume  the 
practice  of  law  until  1875,  since  which  time  he  has  been,  and  is  now,  in 
practice  at  Jefferson,  Wisconsin. 

Hpinrv  C!()L<>nius,  Jefferson,  was  born  in  Waechtersbach,  March  12, 
1 831;  was  educated  at  Academic  Gymnasium,  in  Han  an,  and  at  Bue- 
dingen.  Germany;  finished  course  in  primus  class  in  full  preparation  for 


^.•ift 


IHK    BFNCH     AND    BAR    OF     WISroNSlN.  o'Jj 

the  University;  came  to  America  in  1849,  and  was  eight  years  engaged 
in  manufacturing  cigars  in  New  York  city  ;  in  1858  and  1859  he  edited 
the  Virginia  Staatszeitung,  at  Wheeling,  X'irginia;  was  in  the  commis- 
sion business,  in  Waterlown,  Wisconsin,  for  a  time,  and  came  to  Jeffer- 
son in  1862.  In  1870  he  was  elected  registrar  of  deeds,  whirh  office  ho 
held  two  terms;  served  as  town  clerk  in  1875  and  1876,  and  is  now 
probate  judge  of  Jefferson  county.  On  May  25,  1866,  he  married 
Catherine  Limper,  who  is  a  native  of  Huedingen,  Ocrmanv.  horn  Febru- 
ary 5,  1849.  Mr.  Colonius  is  a  member  of  the  Independent  Order  of 
Odd-Fellows. 

Chfster  a.  Caswkll,  Fort  Atkinson,  was  born  at  Fort  Atkinson, 
June  8,  1856.  He  was  educated  at  the  high  school  in  Fort  Atkinson 
and  Slate  University  in  Madison;  attended  law  school  at  the  Univer- 
sity, and  was  admitted  to  the  bar  in  1877.  He  formed  a  copartnership 
with  his  father,  L.  B.  Caswell,  under  the  firm  of  L.  U.  ^:  ('  A  Caswell, 
and  has  so  continued  to  the  present  time  in  practit  e.  He  has  prim  ipal 
charge  of  the  office  while  the  senior  partner  is  absent,  which  is  a  large 
portion  of  the  lime 

Barnabas  B.  ELDkEiXrf,  Janesville,  was  born  at  Sharon  Springs, 
Schoharie  county,  New  York,  February  2,  1824.  His  parents  are 
David  and  Sally  Eldredge.  He  was  educated  at  Hamilton  College,  at 
(Clinton,  New  York;  studied  law  with  Judge  Jabez  I).  Hammond,  of 
C'hcrry  Valley,  New  York,  Samuel  Stevens,  of  All)any,  New  Vr>rk,  and 
at  Cambridge  Law  School,  under  Professor  Simon  Creenleaf  and 
Judge  Bent;  was  admitted  to  practice  at  Salem,  New  \'ork,  at  a  term 
of  supreme  court.  Judges  Cady,  Hand,  and  Willard  presiding,  in  May, 
1848,  and  has  practiced  law  with  John  J.  B.  Pease  and  (ieneral  Thomas 
Howard  Ruger,  at  Janesville,  and  also  with  Ogden  H.  Fethers  at  the 
same  place. 

Jacob  J.  Enos,  Watertown,  was  born  in  Johnstown,  Fulton  county. 
New  York,  July  5,  1816.  This  was  an  old  colonial  settlement,  with  its 
forts  and  castle,  founded  by  Sir  William  Johnson.  Having  completed 
the  ordinary  course  of  preparatory  studies,  he  was  admitted  to  the  bar 
of  his  native  state.  Like  many  other  enterprising  young  men  about  to 
make  a  start  in  life,  he  came  to  the  promising  West,  taking  up  his  rcsi- 


.')1*^  I  FH.    HKN'vH     AN[»    I'.AK    OF    W  l>(()NSIN. 

dence  in  this  cii\  in  January,  1844,  just  thirty-eight  years  ago.  With 
youth,  talents  and  a  new  field  of  achievement  in  his  favor,  he  at  once 
entered  on  the  practice  of  his  profession,  the  first  regular  lawyer  in 
Waieriown,  with  zeal  and  industry,  and  by  his  intelligence  and  ability 
soon  won  the  high  position  at  tlie  l)ar  in  Jefft-rson  and  Dodge  counties, 
and  in  the  slate,  whicli  he  maintained  with  unvaryinj;  uniformity.  Im- 
mediately after  coming  west  lie  received  the  appoint inent  of  court  com- 
missioner. In  1848  he  was  placed  on  the  whig  ticket  as  a  presidential 
elector.  Under  President  Taylor  he  was  postmaster  of  the  city,  the 
duties  of  whirii  he  discharged  to  general  satisfaction.  'I'hough  holding 
few  official  j)laces,  he  was  always  an  active  and'  influential  leader  of  his 
party  ;  but  while  taking  a  lively  interest  in  political  affairs,  he,  for  the 
most  part,  preferred  to  give  his  time  and  attention  to  the  demands  of 
his  rapidly  increasing  legal  business.  In  1853  he  formed  a  partnership 
with  Daniel  Hall,  which  continued  twenty  one  years,  and  was  only 
dissolved  by  the  death  of  the  senior  member  of  the  well-known  firm. 
In  tile  ripened  strength  of  his  maturity  and  usefulness,  his  departure 
caused  a  wide  and  sad  vacancy  in  the  various  circles  in  which  he 
moved  in  his  profession,  in  society,  and  above  all  and  beyond  all,  in 
that  home  which  he  so  tenderly  cherished  as  the  aim  and  end  of  all  his 
efforts,  and  to  which,  amidst  all  his  cares  and  toils,  he  ever  fondly 
turned  as  the  center  of  his  serenest  happiness  and  purest  enjoy- 
ment. He  was  ardently  devoted  to  his  piofession,  because  in  its 
pursuits  he  found  the  reward  success  brings  and  eminence  confers. 
As  an  adviser  he  was  sincere  and  reliable,  seeking  to  have  on  his  side 
what  he  regarded  as  law  and  justice.  As  an  advocate  addressing  a 
jury,  he  was  earnrst  and  impressive,  and  when  the  occasion  required, 
was  caj)al)le  of  rising  into  strains  of  persuasive  eloquence,  which  excited 
the  emotions  and  convinced  the  judgment.  Full  of  resources,  he  had 
at  his  command  the  valuable  faculty  of  seizing  with  intuitive  sagacity 
the  strong  ])oints  of  his  own  case,  and  at  the  same  time  of  detecting  the 
weak  ones  of  his  opponent,  and  using  this  rare  gift  with  admirable  skill, 
he  was  a  formidable  adversary,  not  easy  to  be  overreached  or  defeated. 
In  his  intercourse  with  the  court  and  members  of  the  bar,  he  was  affable, 
and  courteous,  and  enjoyed  an  enviable  popularity  with  all  classes.  As 
a  neighbor  and  tViend.  he  was  considerate  and  generous;  and  if  he 
sometimes  exhibited  a  little  fitful  irritation  or  austerity  in  his  impatience 
of    shams   and    wrongs,    underneath    this   apparently    stern   demeanor. 


•/aeff-  /^^. 


IHK    iJKNt  H     \Nh    HAR    Ol-     \V|s<  ON*-IN  Jul 

sooner  or  later,  there  was  always  sure  to  hreak  oiii  tht-  gtrniai  fe<rlinj;s 
and  real  kindness  of  the  man.  His  heart  was  true  and  sound  in  its 
noble  parts.  Mr.  Knos  died  at  Watertown,  of  neural^^ia  of  the  heart, 
January  3.  1874,  in  the  fifty-eij^hth  year  of  his  age,  and  leaves  a  wife, 
two  sons  and  a  daughter.  Colonel  H.  M.  Enos,  of  the  regular  army, 
and  Major  K.  P2nos,  postmaster  at  Waukesha,  are  his  brothers. 

Kdwari)  M.  Hyzkr,  Janesville,  was  born  at  Janesville,  December 
10,  1S54.  His  literary  education  was  acquired  at  the  Janesville  High 
School  and  Classical  .\cademy,  of  the  same  place.  He  obtained  his 
lr;;al  acquirements  in  the  law  office  of  Cassoday  A:  Carpenter.  Janes- 
ville, and  was  admitted  to  the  bar  of  Rock  county  circuit  court, 
January  14,  1879.  and  to  the  bar  of  the  supreme  court,  February  ,^, 
1880.  In  April,  1880,  he  was  elected  to  the  office  of  city  attorney  of 
Janesville,  and  reelected  to  the  same  office  in  April  1881. 

.\i.FRKr»  A.  Jackson,  Janesville,  was  born  in  Verona,  Oneida 
<  ounty.  New  York,  -August  8,  1831,  and  was  descended  from  the 
I*uritans  of  New  England.  Ifis  father,  Truman  Jackson,  was  born 
in  Connecticut,  March  6,  1800,  and  was  an  honest,  intelligent  and 
indn>itrious  farmer;  his  mother,  whose  maiden  name  was  Mary  I.ow- 
ton.  was  born  in  New  York.  The  careful  religious  training  which 
Mr.  |a(  kson  received  from  his  honored  parents  in  his  earlv  vears 
has  remained  with  him  through  his  subserfuent  life.  His  boyhood 
wa>  sf>ent  in  aiding  his  father  on  the  farm,  and  this  emi)loyhient 
dcvclof»ed  in  him  the  strong  physical  frame  which  he  has  to-day.  He 
rcf  eived  a  common  school  education,  and  ths.'n  attended  an  academy 
located  at  Rome,  New  York,  for  two  years,  where  close  apf>lication  to 
study  impaire<i  his  health  and  caused  him  to  quit  the  school.  He 
remained  in  Oneida  county  after  this  about  two  years,  and  in.  April, 
iS^:;.  he  came  to  janesville,  where  he  has  since  resided.  Here  he 
entered  upon  the  study  of  law  in  the  office  of  I.  ('.  Sloan  and  I.  !•*. 
Patten,  and  ( ontinucd  it  a  few  month.s  in  the  office  c»f  hennrtt,  SN»nn  \' 
I*aiten,  after  those  gentlemen  formed  a  partnership  with  Jrjhn  R 
Fiennett;  afterwar<l  he  commenced  reading  in  the  office  of  Sleeper  & 
Norton,  and  continued  with  them  until  June  1,  185.S.  He  was  admitted 
to  the  bar  of  Rock  county  in  1856,  to  the  supreme  rourt  oi  this  state 
in   1857   and  to  the  supreme  court  of  the  Initcd  States  in  1K68.     On 


402  IHF.    r^KNCH     AND    BAR    OF    WISCONSIN. 

the  first  day  of  June,  1858,  he  formed  a  law  partnership  with  James  H. 
Knowlton  and  Moses  S.  Prichard,  which  continued  until  1862,  and 
since  then  he  has  been  in  business  alone,  except  a  short  time  with 
Pliny  Norcross. 

Mr.  Jackson,  from  the  purity  of  his  life  and  character,  adorns  and 
honors  his  profession.  Being  a  gentleman  of  a  modest  and  retiring 
nature,  he  has  never  been  ambitious  to  obtain  office,  and  has  avoided 
rather  than  sought  the  honors  which  official  positions  bring.  And  yet 
being  deeply  respected  and  honored  by  the  community  where  he  has 
resided,  he  has  been  called  to  fill  many  local  offices.  He  served  as 
alderman  of  the  city  of  Janesville  from  1864  to  1866;  was  mayor  in 
i868  and  1869;  has  been  a  member  of  the  county  board  of  supervisors 
of  Rock  county ;  was  several  years  president  of  the  board  of  trustees 
of  the  Wisconsin  Institute  for  the  education  of  the  blind ;  was  acting 
in  this  capacity  when  the  present  building  was  erected ;  and  his 
wisdom  and  judgment  greatly  aided  in  providing  this  building,  which 
for  its  purpose  is  one  of  the  most  substantial  and  useful  of  any  erected 
in  the  state.  Mr.  Jackson  is  the  president  of  the  Rock  County  Bar 
Association,  and  an  officer  of  the  State  Bar  Association.  To  all  of 
these  positions  he  brought  abilities  commensurate  to  the  performance 
of  every  duty,  and  he  has  discharged  such  duties  with  the  strictest 
integrity  and  with  great  fidelity. 

As  a  lawyer,  Mr.  Jackson  is  learned,  laborious  and  painstaking, 
bringing  to  every  case  he  undertakes,  thorough  preparation  and  careful 
study.  But  his  practice  has  been  confined  mainly  to  cases  tried  by 
the  court  without  a  jury  and  to  practice  in  the  supreme  court  of  the 
state  and  the  United  States  courts.  There  is  hardly  space  in  this 
brief  sketch  to  speak  of  Mr.  Jackson  otherwise  than  as  a  citizen  and 
lawyer,  and  yet  this  brief  biography  would  be  very  deficient  if  we  did 
not  add  that  he  is  a  gentleman  of  fine  literary  taste,  and  is  well  read 
in  modern  literature.  In  the  year  1872  the  faculty  of  Beloit  College 
conferred  upon  him  the  honorary  degree  of  A.M.  He  is  a  member  of 
the  Congregational  c  luircli  in  Janesville,  and  was  for  many  years  presi- 
dent of  its  board  of  trustees.  And  he  was  the  first  president  of  the 
Young  Mens' Christian  Association  of  Janesville. 

Robert  Harr  Kirki  and,  Jefferson,  was  born  in  Glasgow,  Scotland, 
March  8,  1849.  his  parents  being  Alexander  and  Jane  Hewetson  Kirk- 


THE    BFNCH    AND    BAR    OF    WISCONSIN.  403 

land.  His  education  was  principally  obtained  at  the  high  school  of  his 
native  city.  Coining  to  America  in  the  fall  of  1869  he  entered  upon  the 
study  of  the  law  with  I.  W.  and  G.  \V.  Bird,  at  Jefferson,  was  admitted 
as  an  attorney  at  the  same  place,  February  26,  1876,  and  has  been  in 
practice  alone  in  Jefferson  to  the  present  time.  In  the  fall  of  1880  he 
was  elected  district  attorney  for  Jefferson  county.  Before  leaving  the 
old  country  Mr.  Kirkland  served  eight  years  in  the  British  navy. 

John  J.  R.  Pease,  Janesville,  was  born  in  Connecticut,  came  to  Wis- 
consin, and  settled  at  Green  Bay  in  June  1840.  While  living  at  that 
place  he  was  employed  in  the  office  of  the  register  of  deeds,  and  in  other 
vocations.  Having  prepared  himself  for  the  profession  of  law  he  was 
admitted  to  the  bar  in  1849,  ^"^  ^^^  been  continuously  in  practice  since 
that  time.  In  1866  he  changed  his  residence  to  Janesville,  and  has  re- 
sided there  to  the  present  time.  For  over  twelve  years  he  was  a 
director  of  the  Chicago,  St.  Paul  &  F.  Railroad  Company;  was  one  of 
the  first  directors  of  the  Rock  County  Bank ;  has  been  one  of  the  trus- 
tees of  the  Northwestern  Life  Insurance  Company  for  twenty  years;  has 
been  a  director  of  the  Janesville  Cotton  Manufacturing  Company  since 
its  organization;  was  mayor  of  Janesville  for  1856;  served  several  years 
as  su|>ervisor,  and  in  other  local  offices;  is  a  trustee  and  president 
of  the  Oak  Hill  Cemetery  Association,  and  has  been  connected  with 
that  association  eighteen  years.  His  partner  in  law  business  at  Janes- 
ville is  W.  H.  Ruger. 

Moses  S.  Prichard,  Janesville,  was  born  at  Bradford,  Orange 
county,  Vermont,  April  8,  1822,  and  is  son  of  (ieorge  W  and  Elizabeth 
Prichard.  He  was  educated  at  the  Universitv  of  Vermont ;  studied  law 
at  Oxford,  New  Hampshire,  with  Leonard  Wilcox,  who  has  been  judge 
of  the  supreme  court,  and  United  States  senator,  and  was  admitted  as 
an  attorney  at 'Chelsea,  Orange  county,  \'ermont,  in  1844.  When  he 
came  to  Wisconsin  it  was  in  company  with  A.  Hyatt  Smith,  David  Nog- 
gle,  Amos  P.  Prichard,  John  M.  Berry, —  now  judge  of  the  supreme 
court  of  Minnesota. —  John  D.  Parker,  James  H.  Knowlton  and  \  A. 
Jackson,  a  notable  array  of  gentlemen,  all  of  whom  have  arrived  to  dis- 
tinction. Judge  Prichard  has  filled  the  offices  of  justice  of  the  peace, 
county  judge,  and  police  justic  e  of  the  city  of  Janesville,  in  which  last 
capacity  he  is  now  serving. 


inl  IMF    IMVrH     AND    r.AR    <1F    \VISLi>NSIN. 

Warren  H.  Portkr,  Jefferson,  was  born  in  the  state  of  New  York, 
November  4,  1837,  his  parents  being  Garnett  and  Lucina  Porter.  He 
was  educated  in  private  select  schools,  and  was  at  the  Wisconsin  Stsite 
University  a  short  time;  studied  law  with  Robert  Flint,  at  Fond  du  Lac, 
Wisconsin;  was  admitted  to  the  bar  at  Jefferson  in  September,  1862, 
and  has  been  practicing  at  Jefferson  since  that  time.  His  partners  have 
been  D.  F.  Weymouth  and  N.  Slemake.  For  one  term  he  was  clerk  of 
the  board  of  supervisors. 

Archibald  N.  Ran  dam.,  Broadhead,  was  born  in  Sardinia,  Erie 
county.  New  York,  August  22,  1830,  and  is  the  son  of  Archibald  and 
Eunice  Randall.  His  education  was  completed  at  Brock|x>rt  Collegiate 
Institute,  New  York.  Subsequently  coming  to  Wisconsin  he  located  in 
Rock  county  ;  undertook  and  accomplished  the  study  of  law  in  his  own 
office;  was  admitted  to  the  bar  at  Monroe  in  1871,  and  has  practiced  at 
Broadhead 'by  himself  to  the  present  time.  He  has  been  superintendent 
of  schools,  has  held  various  town  offices,  and  in  1881  was  elected,  as  a 
republican,  to  the  state  senate.  During  the  late  rebellion  he  went  into 
the  volunteer  army;  was  captain  of  Company  G,  Thirteenth  Wisconsin 
infantry ;  was  acting  assistant  inspector-general  of  the  district  of  Tennes- 
see, upon  the  staff  of  General  Rosseau  ;  was  engaged  in  the  battles  of 
Franklin  and  Nashville,  and  many  engagements  of  less  magnitude,  in- 
cluding seven  battles  against  the  rebel  forces  under  rebel  General 
Wheeler,  and  two  against  those  commanded  by  Forrest ;  was  also  with 
General  Rosseau  in  his  celebrated  raid  around  Atlanta.  He  also  com- 
manded a  battalion  of  mounted  infantry  during  the  summer  of  1863, 
with  headijuartcrs  at  Fort  Donelson,  Tennessee,  performing  meritorious 
and  valuable  service  in  clearing  a  large  tract  of  country  from  guerillas, 
fighting  them  wherever  found. 

John  W.  Salk,  Janesville,  was  born  in  La  Porte,  Indiana,  in  184a, 
and,  when  an  infant,  his  parents  came  to  Rock  county,  where  they  set- 
tled. Mr.  Sale  graduated  from  the  Michigan  University  in  June,  1866, 
at  which  time  he  was  admitted  to  the  bar  of  Michigan,  and  to  the  bar 
of  Wisconsin  the  same  year.  He  came  to  Janesville  in  1866  ;  commenced 
practice  there  January  i,  1867  ;  was  several  years  city  attorney,  is  now 
serving  his  fifth  year  as  district  attorney,  and  is  partner  of  J.  R.  Bennett 
in  the  practice  of  law. 


1 
^ 


THK    HhNXH     AMI    llAk    Ol      \V|Sin\M\.  UK^ 

John  Winans,  Janesville,  was  born  in  the  town  of  Vernon,  county 
of  Sussex,  New  Jersey,  on  the  27th  day  of  September,  1831.  His  father, 
William  R.  Winans,  and  his  uncle,  Ross  Winans,  of  lialiimore,  were 
descendants  of  the  Hollanders,  who  were  among  the  earliest  settlers  of 
thai  state.  The  subject  of  this  sketch,  after  reading  law  at  Newton  and 
Trenton,  New  Jersey,  and  a  ])ortion  of  the  time  with  Martin  Ryerson, 
since  one  of  the  supreme  and  circuit  judges  of  that  state,  was  in  the 
fall  of  1855  admitted  to  practice  in  all  its  courts. 

In  the  fall  of  1857  Mr.  Winans  came  to  Wisconsin,  locating  at  the 
city  of  Janesville,  engaging  in  the  practice  of  his  |)rofesson,  where  he 
has  since  resided.  The  source  of  every  lawyer's  wealth,  so  far  as  the 
practice  of  his  profession  is  concerned,  is  the  confidence  of  the  people  in 
his  personal  and  professional  integrity.  This  confidence,  though  easily 
lost,  can  only  be  won  and  retained  by  a  long  and  honorable  professional 
career.  His  very  large  and  successful  legal  business  demonstrates  that 
Mr.  Winans  has  not  only  won  the  confidence  and  esteem  of  his  fellow- 
citi/.cns,  but  that  he  easily  and  justly  retains  them. 

He  possesses  all  of  the  qualifications  re([uisite  to  a  great  lawyer.  In 
his  mental  organization  he  is  clear,  calm  and  comprehensive ;  and  while 
in  his  affections  he  is  tender  and  sympathetic,  yet  his  will-power  and 
sense  of  justice  are  so  strong  that  he  cannot  be  moved  from  those 
things  which  he  believes  are  just  and  proper,  or  swerved  in  the  least 
from  the  path  in  which  duty  and  honor  call  him  to  go.  Well  grounded 
in  the  principles  of  the  law,  industrious  and  attentive  to  business,  he 
brings  to  all  cases  intrusted  to  him  thorough  preparation  and  careful 
study.  Some  lawyers  have  great  power  in  discussing  <iuestions  of  fact 
to  a  jury,  but  are  not  eijually  able  in  arguing  points  of  law  to  the  court. 
Mr.  Winans  is  fortunate  in  possessing  those  (pialities  of  mind  and  heart, 
which  enable  him  to  excel  in  both  |)ositions;  and  it  would  be  difticult 
for  his  brethren  to  determine  in  which  he  takes  highest  rank  and  is  most 
successful.  . 

His  arguments  to  the  jury  are  clear,  forcible  and  impressive;  and,  in 
important  cases,  are  characterized  by  a  sincerity,  zeal  and  persuasive 
eloquence  that  at  once  command  and  retain  the  attention,  and  not  in- 
frequently tenderly  touch  and  move  every  heart;  while  those  addressed 
to  the  court  are  models  of  logical  clearness  and  legal  analysis.  In  Rock 
county,  which  has  always  had  an  able  bar,  Mr.  Winans  stands  to- 
day the  acknowledged  leader,  and  his  brethren  throughout    the  stale 


40j;  vuy    RKM  H    AND    HAK    OF    WISCONSIN. 

accord  to  him  a  position  in  the  very  foremost  rank  of  the  profession. 
The  late  Senator  Carpenter,  whose  fame  as  a  lawyer  is  national,  said 
that  if  he  had  an  important  case  of  his  own,  he  would  as  soon  commit  it 
to  Mr.  Winans,  or  one  other  lawyer  whom  he  named,  as  to  any  member 
of  the  bar  in  Wisconsin.  His  uniform  kindness  and  courtesy  to  his  pro- 
fessional brethren  are  as  noticeable  as  they  are  worthy  of  imitation. 
And  however  vexatious  or  perplexing  the  circumstances  of  a  case  may 
be,  he  never  becomes  angry,  or  for  one  moment  loses  his  self-possession. 
It  may  be  unnecessary  to  add  that  such  a  man  and  lawyer  is  ever  a 
faithful  friend  and  an  upright,  honorable  citizen.  In  politics  Mr.  Winans 
has  been  classed  as  a  democrat,  though  he  follows  his  own  convictions 
instead  of  the  dictation  of  party. 

In  1864  he  was  a  member  of  the  democratic  national  convention  of 
Chicago,  in  1868  the  democratic  candidate  for  congress  in  the  second 
congressional  district,  composed  then  of  the  counties  of  Rock,  Jefferson, 
Dane  and  Columbia,  which  being  largely  republican,  he  was  defeated, 
and  member  of  the  assembly  in  1874  and  1882.  To  every  public  posi- 
tion he  has  been  called  to  fill,  which  have  been  many,  he  has  brought 
abilities  amply  adecpiate  to  the  performance  of  every  duty,  and  a  sincerity 
and  uprightness  of  purpose  which  places  all  his  acts  above  cavil  or 
reproach.  Mr.  Winans,  both  in  his  professional  life  and  in  his  public 
acts,  has  ever  been  governed  by  high  moral  principle.  And  this  is 
"the  only  torch  to  light  the  way  of  a  lawyer  amidst  darkness  and 
obstruction.     It  is  like  the  spear  of  the  guardian  of  paradise." 

THIRTEENTH    CIRCUIT. 

Samuel  Stebbins  Barney,  West  Bend,  is  a  native  of  Wisconsin,  and 
was  born  at  Hartford,  Washington  county,  January  31,  1846.  His 
father,  John  Barney,  and  also  his  mother,  whose  maiden  name  was  Ade- 
line A.  Knox,  M-ere  of  New  England  parentage.  Mr.  Barney  received 
his  education  at  Lombard  University,  (ralesburg,  Illinois.  Jie  studied 
law  at  West  Bend,  Wisconsin,  in  the  office  of  Frisby  &  Weil,  and  was 
admitted  to  the  bar  in  the  spring  of  1871.  For  five  years,  from  1874  to 
1879,  he  was  a  member  of  the  firm  of  Frisby,  Weil  &  Barney,  as- 
sociated as  a  partner  in  the  firm  with  which  he  studied.  He  is  now  the 
senior  member  of  the  firm  of  Harney  &  Kuechenmeister,  at  West  Bend. 
Mr.  Barney  was  for  four  years  the  county  superintendent  of  schools,  of 
Washington  county,  his  term  of  office  having  commenced  January  i, 
1876. 


A±     . 


IHK    I5KNCH     AND    HAR    OF    WlSl.i  )NSIX.  40T 

S.  K.  DF.r.ANEY.  Maysville,  was  horn  at  Fort  Ticonderoga,  New 
York,  January  lo,  1841.  His  parents  were  James  and  Theresa  O.  De- 
laney.  He  was  educated  in  the  common  schools  at  Horicon,  Wisconsin  ; 
studied  law  with  Montgomery  cV  Tyler  at  Sparta  and  La  Crosse,  and 
with  A.  J.  Rising.  Horicon ;  was  admitted  to  the  bar  in  Dodge  county 
circuit  court  in  February,  1865,  and  is  in  practice  alone  at  Maysville. 
He  has  been  superintendent  of  schools  for  Dodge  county  six  years;  was 
member  of  the  assembly  in  1869,  and  is  now  member  of  the  senate  for 
1881  and  1882,  where  he  is  serving  on  the  committee  on  the  judiciary 
and  on  public  lands.  At  the  session  of  the  legislature  in  the  winter  of 
1881,  Senator  Delaney  gained  much  applause  in  the  delivery  of  a  very 
able  eulogy  upon  the  death  of  Mathew  H.  Carpenter,  before  a  joint 
convention  of  the  two  houses  and  on  which  occasion  there  was  a 
crowded  outside  audience,  which  listened  with  appreciating  attention  to 
the  unexpected  dis|)lay  of  oratorical  power  by  the  young  senator. 

Isaac  N.  Frisby,  West  Bend,  was  born  in  Mesopotamia,  Trumbull 
county,  Ohio,  March  6,  1820,  and  is  the  son  of  Lucius  and  Lovina 
Frisby.  His  early  life  until  he  was  eighteen  years  old  was  on  a  farm, 
commencing  his  education  in  the  common  schools.  He  subsequently 
took  an  academic  course  in  the  Farmington  academy  in  his  native  state. 
He  entered  upon  the  study  of  the  law  in  1848  by  borrowing  law  books 
of  his  friend,  H.  H.  Hatch,  at  Warren,  Ohio.  In  June,  1850,  he  moved 
to  Washington  county,  Wisconsin,  and  engaged  for  about  two  years 
thereafter  in  teaching  school  at  Newburgh.  In  1853  he  located  in  the 
village  of  West  Bend;  opened  a  law  office  there  and  associated  himself 
for  the  study  and  practice  of  the  law  with  N.  W.  Tupper;  was  admitted 
to  the  bar  as  an  attorney  at  law  at  West  Bend,  1853 ;  held  the  offices  of 
deputy  clerk  of  the  circuit  court  of  the  county  from  1853  to  1855  ;  was 
admitted  to  the  supreme  court  September  10,  1867,  and  to  the  United 
States  circuit  of  the  eastern  district  of  Wisconsin,  .March  i,  1875.  ^*s 
business  connection  with  Mr.  Tupper  ended  in  January  1856.  On 
January  i,  1862,  he  formed  a  partnership  in  the  law  business  with  F.  O. 
Thorp,  which  was  continued  till  January  i,  1870.  He  continued  the 
practice  of  law  alone  till  October,  1879,  when  he  formed  a  partnership 
with  S.  S.  Barney,  which  continued  till  December  1880,  since  which 
date  he  has  been  alone  in  the  business.  He  held  the  office  of  district 
attorney  of  the  county  by  appointment  for  a  short  time ;  has  held  the 
offic  e  of  circuit  court  commissioner  since  1868. 


ti'i 


408  rHK    HKNCH    AND    BAR    OK    WISCONSIN. 

Frederick  W.  Horn,  Cedarsburg,  was  born  in  Lienum,  in  the 
Mark  Brandeburg,  Prussia,  August  21,  1815  ;  was  educated  at  the 
Gymnasium  of  the  Gray  Friar,  in  Berlin.  He  left  Prussia  for  the 
United  States  in  1836;  resided  in  the  State  of  New  York  until  1837; 
went  in  the  fall  of  that  year  to  Michigan,  and  traveled  through  Illinois, 
Iowa  and  Missouri,  returning  to  Michigan  in  the  winter  of  1839;  in 
1840  he  came  to  Milwaukee;  in  1841  settled  at  Mequon ;  in  1847 
removed  to  his  present  place  of  residence.  He  was  appointed  by 
Governor  Doty,  in  1842,  justice  of  the  peace  for  Washington  county, 
then  the  only  magistrate  in  the  county;  was  postmaster  at  Mequon 
during  his  residence  there;  register  of  deeds  in  1846  and  1847  ;  elected 
as  an  independent  candidate  to  the  first  state  senate,  in  1848,  and 
reelected  for  1849  and  i<S5o;  was  elected  to  the  assembly  in  1851, 
1854,  1857,  1859,  i860,  1867,  1868,  1871,  1872,  1875  and  1881,  and  was 
elected  speaker  of  that  body  in  1851,  again  in  1854  and  in  1876;  was 
state  commissioner  of  immigration,  residing  at  New  York,  in  1854  and 
1855;  was  a  delegate  to  the  democratic  national  convention  at 
Charlesloivn  and  Baltimore  in  i860,  serving  as  vice-president, 
again  a  delegate  to  the  democratic  national  convention  at  New  York 
in  1858,  and  represented  Wisconsin  in  the  democratic  national  com- 
mittee; was  elected  to  the  assembly  in  1871  by  the  unanimous  vote 
of  both  parties  of  the  district;  was  again  elected  in  1872  and  1875, 
and  at  the  ensuing  session  of  1876  was  elected  speaker  for  the  third 
time.  In  1S81  he  was  again  elected  to  assembly  on  the  democratic 
ticket.  Mr.  Horn  has  for  many  years  been  prominent  in  Wisconsin 
politics,  and  is  a  strong  man  every  way.  In  the  legislature  he  was 
always  a  leader,  and  distinguished  as  an  able  and  correct  parliamen- 
tarian. Mr.  Horn  married  Adelheid  Schaellner  in  1845;  she  died  in 
1849,  and  he  married  Minna  Schaper  in  1850,  and  he  has  seven  chil- 
dren living. 

Charlis  H.  Mii.lf.r,  West  Bend,  was  born  in  the  city  of  Doebeln, 
in  Saxony,  September  26,  1826,  and  received  his  education  before 
coming  to  America.  He  commenced  the  study  of  law  with  Pierce  & 
Stanford  at  Port  Washington,  in  1848,  and  practiced  his  profession 
with  P.  OWIeara,  in  West  Bend,  under  the  firm  of  O'Meara  &  Miller, 
from  187 1  to  1881,  and  now  alone.  He  has  been  register  of  deeds 
of  Washington  county,  clerk  of  court,  and  has  also  represented  his 
district  in  the  asscmblv. 


.  ^  ,&ia^j^^^^^^   J 


THE    BKNCH    AND    BAR    OK    WISCONSIN.  4()1> 

Patrick  O'Meara,  West  Bend,  was  born  at  Kmmett,  Dodge 
county,  Wisconsin,  February  27,  1845.  His  parents  came  from  New 
York,  and  settled  in  Wisconsin  during  the  year  1844.  Mr.  O'Meara 
was  given  such  an  education  as  the  common  schools  of  that  period 
afforded,  and  also  attended  private  school  and  the  Northwestern 
University  at  Watcrtown.  He  graduated  from  the  law  department 
of  the  State  University  in  1870,  and  commenced  practice  at  West 
Bend  in  187 1.  Has  been  four  times  elected  district  attorney  of 
Washington  county,  his  first  term  having  begun  in  January  1875.  Mr. 
0*Meara  has  a  brother  practicing  law  in  Milwaukee.  For  a  time  he 
was  in  partnership  with  C.  H.  Miller,  in  his  practice  at  West  Bend, 
and  the  partnership  was  dissolved  in  1881. 

Wii.LiAM  A.  PoRS,  Port  Washington,  was  born  in  Hamburg,  (ier- 
many,  November  17,  1827,  and  came  to  the  United  States  in  1849, 
locating  in  Washington  county,  where  he  followed  farming  one  year. 
Before  leaving  his  native  country  he  acquired  his  education  at  Toho- 
neum,  a  school  of  high  degree  in  Hamburg.  Leaving  his  agiicultural 
pursuits  in  1850,  he  was  employed  as  clerk  in  the  office  of  register 
of  deeds  at  Port  Washington  for  one  year,  when  having  decided  to 
enter  the  profession  of  law,  he  went  to  New  Hampshire,  and  commenced 
the  study  of  it  with  Stephen  Crosby,  at  Francistown,  with  whom  he 
remained  one  year.  From  there  he  proceeded  to  Lowell,  Massachu- 
setts, and  continued  his  studies  with  Judge  Crosby,  and  in  December, 
1853,  was,  on  motion  of  Benjamin  F.  Butler,  admitted  to  the  bar. 
Returning  soon  after  to  Port  Washington,  he  has  been  engaged  in  law 
practice  at  that  place  to  the  present  time.  In  1862  he  was  draft 
commissioner  during  the  draft  riots,  and  has  been  district  attorney 
several  terms.  In  1859  he  married  Miss  Ida  Heinemann,  a  native 
of  Hanover,  and  they  have  one  son,  who  is  now  a  ])racticing  lawyer 
in  Oshkosh. 

John  Shki.i.kv,  West  Bend,  is  a  native  of  Pennsylvania,  and  was 
born  at  York,  February  7,  18 17.  He  received  his  education  at  Pennsyl- 
vania College,  Gettysburg,  and  studied  law  with  Thomas  C.  Hamly, 
York.  At  the  same  place  he  was  admitted  to  practice  in  1840.  He 
has  followed  his  profession  in  Wisconsin,  at  West  Bend,  and  his  only  law 
partner  has  been  F.  O.  Thorp.  Mr.  Shelley  has  been  county  judge  of 
Washington  county  since  1858. 


410  IHK    BENCH    AND    liAR    OK    WISCONSIN. 

Eugene  S.  Turner,  Port  Washington,  was  born  at  East  Oswego, 
New  York,  June  14,  1824.  His  father  was  Joseph  Turner,  who  married 
Mary  (iriswold,  the  mother  of  the  subject  of  this  sketch,  at  Herkimer, 
New  York,  in  the  summer  of  i8i6,  and  he  was  a  member  of  the  last  ter- 
ritorial council,  and  the  first  senator  from  Waukesha  county.  On  May 
II,  1840,  the  parents,  with  their  family  of  one  daughter  and  four  sons, 
Eugene  being  the  third,  landed  at  Milwaukee,  then  a  place  with  a  popu- 
lation estimated  at  1500.  They  soon  located  on  three  hundred  and 
twenty  acres  of  government  land,  three  miles  west  of  Waukesha.  The 
three  years  of  manual  labor  on  that  new  farm  gave  him  those  powers  of 
physical  endurance  that  have  been  a  great  advantage,  enabling  him  to 
undergo  in  latter  years  the  frequent  and  continuous  strains  incident  to 
an  active  professional  career. 

He  had  been  kept  at  private  schools  and  at  the  Oswego  Academy, 
but  his  physical  tasks  did  not  check  his  ambitious  efforts  to  continue  to 
build  up  and  add  to  the  foundations  already  laid,  so  that  for  four  3Fears 
after  coming  west  every  available  resource  was  laid  under  contribution 
to  prepare  himself  for  entering  systematically  the  study  of  the  law,  teach- 
ing school  a  part  of  the  time.  He  entered  as  law  student  the  office  of 
Alexander  W.  Randall,  afterward  governor  and  postmaster- general.  At 
the  end  of  a  year  and  a  half  he  entered  the  office  of  Tweedy  &  Crocker, 
in  Milwaukee  where  for  a  year  he  alternated  between  being  a  student 
in  their  office,  and  dejnity  clerk  of  the  United  States  district  court.  In 
June,  1846,  together  with  A.  R.  R.  Hutler,  he  was  examined  and  admit- 
ted to  the  bar  of  the  United  States  court,  at  Milwaukee.  Advised  by 
friends  he  located  at  (Jrafton,  in  Washington  county,  that  year.  In  the 
winter  of  1846  and  1847  he  was  assistant  secretary  of  the  territorial 
council,  and  by  that  service  saved  enough  to  purchase  the  commence- 
ment of  a  law  library.  In  1848,  as  a  candidate  for  district  attorney  of 
Washington  county,  he  was  defeated  by  a  few  votes. 

In  1849,  after  a  hard  and  very  spirited  contest  on  account  of  his 
youthful  appearance,  he  was  elected  to  the  legislative  assembly,  where 
he  served  the  succeeding  winter,  with  credit  and  some  notoriety  in  the 
contest  on  the  county  seat  question,  and  as  chairman  of  the  committee 
on  ways  and  means.  In  1850  he  was  elected  district  attorney  over  Le- 
land  Stanford,  late  governor  of  California,  and  now  the  wealthiest  tax 
payer  on  the  Pacific  coast.  Mr.  Turner  was  reelected  district  attorney 
in  1852  over  most  serious  opposition.      In  1853  he  was  one  of  the  most 


THE    BENCH     AND    BAR    OK    WISCONSIN.  411 

active  in  opposing  the  division  of  Washington  county,  and  spent  a  part 
of  the  summer  at  Madison,  in  preparing  for  and  testing  the  validity  of 
the  law  before  the  supreme  court.  In  1854  he  traveled  extensively  in 
Europe  and  through  (ireat  Britain.  That  year  he  was  again  elected 
district  attorney  and  served,  making  six  successive  years.  About  this 
time,  becoming  dissatisfied  with  his  own  party  administration  of  stale 
affairs,  he  left  political  life.  Ui>on  the  breaking  out  of  the  rebellion  he 
was  a  thorough  war  democrat  and  ever  since  a  pronounced  and  known 
republican. 

In  1863  he  removed  to  Port  Washington,  where  he  has,  except  for 
two  years  and  a  half,  continued  in  the  practice  of  his  profession.  As  a 
lawyer  and  an  advocate  he  has  made  more  than  an  average  success. 
The  preserved  records  of  Washington,  Ozaukee  and  adjacent  counties 
attest  his  perseverance  and  ability,  and  they  furnish  an  encomium  greater 
than  any  written  biography.  His  eftbrts  have  often  been  sought  with 
pen  and  speech  outside  of  the  strict  line  of  the  profession,  and  though 
pronounced  and  many  times  emphatic  with  both,  he  has  never  left  any- 
thing like  an  impress  of  malice.  He  was  married  in  185010  Frances  H. 
K.,  eldest  daughter  of  Klijah  (Jove,  of  Waukesha,  and  they  have  two 
daughters  living  and  married.  He  has  ever  been  a  promoter  of  temper- 
ance, morality,  religion  and  education,  but  never  in  any  regard  with  nar- 
rowness of  conception  or  bigotry.  In  fact,  in  all  his  life  work,  whether 
at  the  bar  or  otherwise,  a  measure  or  principle  with  him  has  uniformly 
taken  the  lead,  to  the  exclusion  of  |)ersonal  consideration  of  himself;  at 
the  same  time  he  has  not  been  too  severe,  or  unmindful  of  the  weakness 
of  others. 

The  length  of  this  sketch  precludes  us  from  noticing  in  detail  the 
numerous  contests  in  which  Mr.  Turner  has  borne  a  part  at  the  cir- 
cuit, as  a  trial  lawyer.  They  have  been  many  and  important.  In  the 
supreme  court  ihey  have  ranged  through  a  prriod  of  twenty-nine  years, 
many  of  them  requiring  much  study  and  research,  and  some  of  them 
conspicuous  in  the  settlement  of  principles,  commencing  in  1853  with 
the  constitutional  question  of  the  division  of  Washington  county,  and 
the  erection  of  the  county  of  Ozaukee,  in  which  he  was  successfully 
opposed  by  the  present  able  associate  justice,  Harlow  S.  Orton,  then  in 
hey-day  of    his  professional    practice.       Mr.  Turner's  appearance  and 

habits  would  indicate  a  long  period  of  future  usefulness. 
24 


41 '2  IHK    BKNCH    AND    IIAK    OK    WISCONSIN. 

OMITTKn    FROM    SKCOND    CIRCUIT. 

Horatio  Nelson  VVklls,  Milwaukee,  ^fias  born  in  Chittenden 
county,  Vermont,  in  1808.  He  was  prepared  for  the  bar  in  the  office  of 
I).  A.  Smalley  in  the  same  county.  Mr.  Wells  came  to  the  west  together 
with  Hans  Crocker,  and  located  themselves  in  Milwaukee  in  October 
1836.  The  two  friends  commenced  the  practice  of  law  there  as  partners 
under  the  firm  of  Wells  &  Crocker.  Once  started  in,  and  his  talent  as 
an  advocate  becoming  known,  he  was  at  once  launched  upon  a  sea  of 
business,  which  extended  into  neighboring  counties.  His  forte  was 
before  a  jury  more  than  in  his  learning  in  the  law.  His  tact  was  infinite, 
his  wit  keen,  resources  inexhaustible,  good  nature  supreme,  and  his 
apt  reading  of  men  remarkable.  (Consequently  popular,  he  carried  court, 
jury  and  audience  before  him. 

In  1859  he  was  elected  a  member  of  the  territorial  house  of  repre- 
sentatives; in  1846  he  was  a  member  of  the  territorial  council,  which 
position  he  held  two  years,  during  which  he  was  president  of  the 
council,  three  sessions  of  which  were  held  in  1847  *"^  1848.  In  1850 
he  was  elected  county  judge  for  the  county  of  Milwaukee,  and  occupied 
that  bench  four  years.  After  the  expiration  of  his  term  of  office  as 
judge  he  did  but  little  business  in  the  line  of  the  law,  and  died  August 
18,  1858,  and  a  great  legal  light  that  had  been  feebly  flickering  the 
previous  four  years  or  more  went  out  in  Utter  darkness. 

When  he  commenced  practice  in  Milwaukee,  "  he  went  at  once  to 
the  head  of  the  bar,  and  memories  of  his  flashing  wit  and  swift  elo- 
quence light  up  the  eyes  of  the  old  lawyers  now  living.  Mr.  Wells  was 
always  making  some  sharp  turn,  and  his  wit  was  always  so  ready,  so 
unprepared,  that  even  its  victims  were  sometimes  charmed  with  it.  His 
was  a  very  proud  spirit,  and  it  is  on  record  that  the  cloud  which  dark- 
ened his  later  days  rested  there  because  of  the  discouragements  and 
vexations  brought  on  from  the  constant  annoyances  of  discordant 
natures.  He  was  generous  to  a  fault,  often  to  his  own  disadvantage. 
He  died  August  18,  1858,  a  wreck  of  the  handsome,  vivacious  young 
man  who  came  to  Milwaukee  with  such  high  hopes  in  1836." 

**  The  most  noted  of  the  cluster  of  early  lawyers  practicing  in  Mil- 
waukee were  H.  N.  Wells  and  Jonathan  E.  Arnold.  Mr.  Wells,  a  ner- 
vous, quick-spoken  man,  was  the  synonym  for  wit  and  lightning  brilliancy. 
Finely  educated  and  ambitious,  for  many  years  he  disputed  the  palm  of 


THK    BENCH    AND    BAR    OF    WISCONSIN.  413 

eloquence  with   Mr.  Arnold,  his  young   contemporary,  and  this  in   the 
poetic  quality  and  richness  of  intellect." 

To  show  the  aptness  of  Mr. Wells  in  trial  cases  the  following  is  quoted : 
"A  man  was  on  trial  for  perjury,  and  he  was  defended  by  that  sharp  and 
quick-witted  lawyer,  H.  N.  Wells,  a  man  of  great  resources  in  a  jury 
trial.  The  testimony  was  going  strong  against  his  client,  when  he  be- 
thought to  ask  the  squire  where  he  was  born.  It  proved  to  be  across 
the  water  called  the  Atlantic.  *  How  many  times  did  you  appear  in 
court  or  before  the  clerk  to  become  naturalized  ?'  incjuired  Wells.  *Once 
only/  was  the  reply.  *  I  demand  then,  your  honor,  that  the  indictment 
be  quashed,'  said  Wells,  addressing  the  court,  *as  it  requires  the  second 
application  to  become  naturalized.'  And  the  indictment  was  quashed, 
or  a  nolle  prosequi  entered  under  the  direction  of  the  court." 

Harrison  Carroll  Hobart,  Milwaukee,  is  a  native  of  Ashburnham, 
Massachusetts.  At  the  age  of  sixteen  years  he  entered  the  printing 
office  of  John  R.  Reding,  in  Haverhill,  New  Hampshire.  He  subse- 
quently prepared  for  college  at  the  Concord  Literary  Institute  and  the 
New  Hampton  Academy,  and  he  entered  Darmouth  College  in  1838, 
graduating  in  1842.  He  afterward  studied  law  in  the  office  of  the  late 
Robert  Rantoul,  and  was  admitted  to  the  Suffolk  county  bar  in  1845. 
In  1846  he  removed  to  the  then  Territory  of  Wisconsin,  and  became  a 
resident  of  Sheboygan.  He  at  once  took  a  foremost  position  at  the 
territorial  bar,  in  politics  and  in  public  affairs,  which  he  has  since  main- 
tained, during  the  many  vicissitudes  through  which  the  state  and  the 
nation  have  passed. 

In  1847  he  was  elected  a  member  of  the  territorial  legislature,  and 
was  an  able  and  industrious  member  of  that  body.  He  introduced 
a  bill  looking  to  the  abolition  of  capital  punishment,  the  passage  of 
which  by  the  house  of  which  he  was  a  member,  was  regarded  by  Gover- 
nor Dodge  as  popular  authority  for  commuting  the  death  sentence  of 
David  Bonham,  a  conspicuous  character  of  territorial  times,  who  was  at 
the  time  in  jail  at  Racine,  awaiting  execution  for  a  murder  which  he  had 
committed  in  Waukesha  county.  The  warrant  of  commutation  was  car- 
ried by  special  messenger  from  Madison  to  Racine,  and  was  handed  to 
the  sheriff  of  that  county  while  he  was  preparing  the  culprit  for  the 
gallows,  which  had  been  already  erected. 

Mr.  Hobart  was  elected  to  the  state  senate  in  1848,  the  first  legisla- 


414  TUK    HKNCH    AND    BAR    OF    WISCONSIN. 

ture  under  the  state  government,  and  was  zealous,  laborious  and  influen- 
tial in  the  enactment  by  that  body  of  the  beneficent  legislation  imposed 
by  the  new  constitution,  including  the  homestead  exemption,  the  liberal 
franchise  laws  for  foreigners,  the  civil  rights  of  married  women,  and  the 
state  educational  system,  including  the  common  schools,  the  State  Uni- 
versity and  the  State  Historical  Society.  Serving  the  short  term  in  the 
senate,  he  was  elected  in  the  autumn  of  the  same  year  a  member  of  the 
assembly,  and  at  the  ensuing  session  in  the  following  January  he  was 
chosen  speaker  of  that  house.  At  this  session  he  ])rocured  the  passage 
of  the  act  in(:or|)orating  the  Sheboygan  &  Fond  du  Lac  Railroad  Com- 
pany, and  on  its  subsequent  organization,  which  occurred  mainly  by  his 
efforts  and  management,  he  was  ap])ointed  attorney  for  the  board  of 
directors.  A  few  years  afterward  he  removed  to  Calumet  county,  where 
he  opened  a  law  office,  and  aided  in  founding  and  the  settlement  of  the 
town  of  ("iiilton,  the  county  seat.  He  was  elected  a  member  of  the 
assembly  of  1^59,  where  he  secured  the  charter  of  a  railroad  to  be  con- 
structed between  Milwaukee  and  Green  Bay.  He  was  also  elected  in 
that  year  a  member  of  the  board  of  regents  of  the  State  University. 

During  these  years  of  his  residence  in  the  state,  his  professional, 
business  and  political  career  was  one  of  great  activity.  He  was  essen- 
tially a  j)ul)lic  s|)irited  man.  He  was  a  democrat  in  partisan  action,  and 
habitually  occupied  a  leading  place  in  the  councils  of  that  party.  Some 
of  the  most  im|)ortant  political  events  of  the  territory  and  state,  until  the 
final  democratic  defeat  and  overthrow  in  1859,  were  influenced  to  a 
marked  degree  by  his  lai)ors  and  associations.  This  was  notably  and 
es|)ecially  true  of  the  incidents  in  political  aftairs  occurring  in  the  year 
i<S53,  by  wiiich  the  Barslow  wing  of  the  democracy  secured  ascendency, 
whic:ii  they  maintained  while  the  party  continued  in  power. 

.Mr.  Ho])art  was  liberal  and  progressive  in  his  political  opinions,  and 
lie  had  no  synij)athy  with  the  pro-slavery  policy  and  instincts  of  the 
party  to  which  lie  belonged.  When  the  democratic  rupture  occurred 
between  the  iJuciuinan  administration  and  Stephen  A.  Douglas,  he  there- 
fore assumed  a  ])Iace  with  the  friends  of  the  latter  statesman,  in  hos- 
tility to  the  audacious  doctrine  that  slavery  was  legalized  in  all  the 
national  territories  by  virtue  of  the  constitution,  and  that  neither  con- 
gress, nor  the  territorial  legislatures  nor  new  state  governments,  when 
formed,  could  legislate  for  its  extinction. 

Previous  to  this  time,  in  1850,  and  in  1856,  he  had  been  the  candi- 


^^'± 


THE    BENCH    AND    BAR    OK    WISCONSIN.  41  i 

date  of  the  democratic  party  for  member  of  congress  in  the  northern 
district,  but  the  circumstances  at  both  periods  were  inauspicious,  and  his 
defeat  was  a  foreordained  event.  In  1859  he  was  nominated,  against 
his  expressed  desire  and  protest,  by  the  democratic  party  for  governor 
of  the  state.  The  democrats  had  elected  a  part  of  their  candidates  for 
state  officers  at  the  previous  election  in  1857,  but  their  power  had  evi- 
dently been  waning  after  that  time.  The  anti-slavery  excitement  was 
extreme,  and  in  the  heat  of  controversy,  the  public  mind  did  not  dis- 
tinguish between  the  views  of  individuals  who  might  be  candidates  for 
office,  and  the  unpopular  issues  precipitated  by  the  national  democratic 
administration,  in  the  interest  of  the  slavery  ])ropaganda,  while  the  repub- 
lican party,  then  newly  organized,  was  strong  and  po])ular  and  had  been 
uniformly  successful  in  the  elections  throughout  the  northern  and  eastern 
slates.  He  made  a  brilliant  campaign,  stumping  the  state  in  company 
with  his  opponent,  the  late  Alexander  W.  Randall,  but  defeat  was  una- 
voidable, which  he  met  with  cheerfulness  and  com|)lacency. 

Following  the  election  of  i860,  and  the  resistance  of  the  vSouth  to  its 
declared  results,  and  when  the  first  events  in  the  pro-slavery  rebellion 
occurred,  he  was  among  the  foremost  of  the  patriotic  millions  who 
rallied  with  voice,  pen  and  sword  to  the  defense  of  the  government,  and 
in  April,  1861,  he  raised  a  company  of  one  hundred  men  in  Calumet 
county,  in  response  to  the  proclamation  of  President  Lincoln  calling  for 
seventy-five  thousand  troops,  fie  was  elected  captain  of  the  company, 
and  commissioned  for  the  office  by  (lovernor  A.  W.  Randall,  on  the  23d 
day  of  April.  His  company  was  assigned  to  the  fourth  Wisconsin  in- 
fantry on  the  second  call  for  troops,  and  he  left  the  state  with  his  regi- 
ment, July  5.  His  military  service,  like  his  professional  and  political 
life,  was  extremely  active,  and  the  limits  of  this  sketch  forbid  more  than 
a  mention  of  its  incidents  in  chronological  order. 

The  first  service  of  his  regiment  was  in  Maryland.  In  the  fall  of 
1S61  they  crossed  to  the  eastern  shore  of  that  state  and  drove  back  into 
Virginia  a  rebel  force  which  had  affected  a  lodgement  there  an<l  was 
overawing  the  loyal  inhabitants.  On  his  return  from  this  exhibition  he 
was  detailed  for  duty  as  judge-advocate  of  a  court  marshal  sitting  in 
Haltimore  for  the  trial  of  officers,  by  order  of  (General  McClellan.  In 
March,  1862,  he  was  assigned  with  his  command  to  the  arnu'  of  the 
(iulf,  and  embarked  with  that  force  for  Ship  Island.  He  participated  in 
the  movements  which  resulted  in  the  capture  of  New  Orleans,  was  at 


418  THK    MKNCH     AND    BAR    OF    WISCONSIN. 

the  siege  of  Virksburgh,  at  the  burning  of  (irand  (lulf,  and  the  battle  of 
Baton  Rouge.  He  was  promoted  July  22,  1862,  to  be  lieutenant-colonel 
of  the  twenty-first  regiment,  and  was  relieved  from  duty  in  the  depart- 
ment of  the  Oulf  to  take  command  of  that  regiment,  then  in  the  army  of 
the  Cumberhind,  operating  in  Kentucky,  under  General  Thomas.  He 
took  part  in  the  laborious  and  hazardous  campaigns  which  followed,  in- 
cluding the  march  through  Kentucky  and  Tennessee ;  the  battles  of  Stone 
River  and  Hoosier's  Gap;  the  subsequent  advance  upon  Tullahoma; 
the  crossing  of  the  Tennessee  river,  September  1 1,  1863,  and  the  encounter 
with  the  rebel  enemy  at  Dry  Gap.  At  the  disastrous  battle  of  Chicka- 
mauga,  in  which  his  regiment  was  actively  engaged  and  fought  with 
great  bravery  until  the  defeat  became  general,  he  was  taken  prisoner 
with  a  large  number  of  other  federal  officers  and  men,  and  he  was  sent 
to  Libby  Prison,  Richmond,  Virginia,  where  he  was  confined.  On  the 
9th  of  February,  1864,  with  one  hundred  and  eight  other  officers,  he 
made  a  successful  attempt  at  escape  from  the  rebel  prison  through  a 
tunnel  ( onstructed  from  the  prison  basement  under  an  adjoining  street, 
with  an  exit  through  an  empty  tobacco  warehou.se  opposite.  The  nar- 
rative of  his  imprisonment  and  escape,  which  has  been  given  to  the 
press,  is  one  of  the  most  thrilling  prison  episodes  of  the  great  war.  On 
reporting  within  the  Union  lines  he  was  furloughed  for  the  purpose  of 
visiting  Wisconsin,  where  his  reception  was  a  splendid  ovation  from  all 
ranks  and  classes  of  citizens.  He  met  throngs  of  people  at  various 
points,  and  was  called  before  a  vast  meeting  in  the  assembly  chamber 
at  Madison,  where  the  narrative  of  his  experiences  was  listened  to  with 
excited  interest.  On  returning  to  duty  he  was  promoted.  March  i,  1864, 
to  the  rank  of  ( olonel  in  his  regiment,  which  he  rejoined  in  the  field, 
forming  a  jjart  (jf  Sherman's  advance  on  .Atlanta,  and  participated  in  the 
battles  of  Buzzard's  Ro(jst,  Resaca,  Dallas,  New  Hope  Church,  Kenesaw 
Mountain,  Marietta,  C'hattahoochie,  Peach  Tree  Creek,  and  the  cap- 
ture of  Atlanta.  After  that  event,  which  occurred  September  2,  1864, 
he  was  assigned  to  the  command  of  the  first  brigade,  first  division, 
fourteenth  army  corps,  in  Sherman's  march  to  the  sea.  On  the  capture 
of  Savannah  he  was  brevetted  brigadier-general,  the  only  appointment 
to  that  rank  made  in  his  division,  and  on  the  recommendation  of  Gen- 
eral Sherman  he  was  a|)p()inted  by  President  Lincoln  to  the  full  rank  of 
brigadier-general  and  so  confirmed  by  the  senate.  He  was  in  command 
of  his  brigade  during  the  march  through  the  (Jarolinas,  at  the  battles  of 


THK    BKNLH    AND    BAR    OK    WISCONSIN.  410 

Averysboro  and  Bentonville,  at  the  capture  of  Raleigh,  and  the  march 
through  Richmond,  after  its  capture,  to  Washington,  and  the  grand 
review  of  the  two  great  armies  at  the  close  of  the  war.  He  was  finally 
mustered  out  June  8,  1865,  four  years  and  two  months  after  his  enlist- 
ment, and  at  the  close  of  a  period  of  active  service  such  as  few  officers 
in  the  volunteer  army  experienced. 

During  the  war  General  Hobart  had  regarded  himself  as  associated 
with  the  political  element  in  Wisconsin  recognized  as  the  "  war  democ- 
racy." Upon  his  return  from  the  army,  in  1865,  and  before  he  had 
fully  settled  as  to  his  future  home  and  avocation,  he  was  again  nomi- 
nated by  the  democrats  for  governor,  and  reluctantly  assented  to  the  use 
of  his  name  for  that  purpose.  There  was  no  reaction,  however,  from 
the  high  excitement  with  which  the  elements  of  the  war  had  inspired 
the  public;  platforms  of  peace  and  conciliation  between  the  sections 
lately  arrayed  in  armed  strife  were  unacceptable,  and  his  success  as  a 
candidate  was  not  anticipated,  or  among  the  possibilities  of  the  times. 

In  the  fall  of  1865  General  Hobart  took  up  his  residence  in  Milwau- 
kee, where  he  opened  an  office  for  the  practice  of  law,  and  was  appointed 
an  agent  of  the  Tnited  States  treasury  department.  He  was  again  elect- 
ed in  1866  a  member  of  the  assembly,  which  commenced  its  session  in 
January  1867,  and  of  which  he  was  a  conspicuous  and  influential  mem- 
ber, advocating  and  voting  for  the  adoption  of  the  fourteenth  amendment 
to  the  constitution,  introducing  and  securing  the  passage  of  the  eight  hour 
law,  and  introducing  and  advocating  a  bill  repealing  all  laws  which  pro- 
vided any  causes  for  divorce  except  for  marital  infidelity.  He  was  also 
the  author  of  the  law  which  was  enacted  at  that  session,  forever  prohib- 
iting the  consolidation  of  the  Milwaukee  &  St.  Paul  and  the  Chicago  & 
Northwestern  railway  systems.  At  the  same  session  he  procured  the 
necessary  legislation  for  the  establishment  of  the  Milwaukee  High 
School.  He  subsequently  opened  an  office  in  Washington  as  an  attor- 
ney for  the  prosecution  of  claims  against  the  government,  and,  on 
motion  of  the  late  Chief-Justice  E.  G.  Ryan,  was  admitted  to  practice  in 
the  supreme  court  of  the  l-nited  States.  In  1876  he  was  elected  as  an 
alderman  from  the  second  ward  of  the  city  of  Milwaukee,  and  in  1878 
was  chosen  president  of  the  council.  He  is  now  a  member  of  the  Mil- 
waukee board  of  trade  and  a  trustee  of  the  Milwaukee  public  library. 
In  the  latter  capacity  he  has  successfully  instituted  a  system  of  book 
contributions  among  the  citizens  of  Milwaukee  which   in  a  few  years 


420  THK    BENCH    AND    BAR    OF    WISCONSIN. 

will  make  the  library  one  of  the  first  as  to  size,  variety  and  value  in  the 
country.  General  Hobart  enjoys  robust  health,  is  of  sanguine 
temperament,  and  possesses  a  nervous  vigor  and  energy  of  character, 
with  a  tenacious  firmness  of  purpose  and  an  ample  vitality,  which  give 
him  great  power  in  popular  movements,  and  constitute  him  a  native 
leader  of  social  forces.  In  his  earlier  manhood  these  qualities  rendered 
him  an  aggressive  element  in  politics,  in  his  profession  and  in  business, 
and  endowed  him  with  a  push  and  virility  which  marked  his  manage- 
ment of  the  various  enterprises  and  public  movements  in  which  he 
engaged.  He  has  a  large  and  active  mind,  with  an  originality  of 
thought,  high  analytical  powers,  and  great  clearness  of  statement,  mak- 
ing him  a  splendid  reasoner.  As  a  public  speaker  he  is  marked  by  a 
full  command  of  language,  distinct  but  rapid  articulation,  plainness  in 
demonstration,  and  strength  in  argument.  He  has  little  of  the  gifts  of 
fancy  and  imagination  which  make  the  great  orator,  but  as  a  rhetorician 
and  advocate  he  has  few  or  no  superiors.  He  has  recently  been  active 
in  temperance  and  other  social  and  municipal  reforms  in  the  city  of 
Milwaukee,  which  has  enlarged  his  field  of  usefulness,  and  elicited  the 
approval  of  the  best  and  most  thoughtful  classes  of  the  people. 

nNHITKI)    FROM    FOURTH    CIRCUIT. 

John  K.  Thomas,  Sheboygan  Falls,  was  born  in  Rensselaer  county, 
New  York,  IVo^'^n^^^^r  27,  1829.  When  four  years  of  age  the  family 
removed  to  Tjvingston  county,  and  after  a  short  period  to  Genesee 
county  in  the  same  state.  At  the  last  named  place  of  residence  the 
young  son  commenced  his  education  in  the  (ommon  schools.  This 
course  of  instructi(jn  was  cut  short  when  the  financial  crash  of  1837  fell 
upon  the  country,  and  like  thousands  of  other  cases,  swept  away  the 
property  of  the  family.  Hut  this  misfortune  did  not  crush  out  the  spirit 
and  hopes  of  the  young  man.  Having  at  this  time  arrived  at  the  age  of 
fifteen,  he  had  recourse  to  his  own  unaided  resources,  which  consisted  of 
a  good  common  school  education,  a  healthy,  vigorous  constitution,  a 
good  character,  and  a  willingness  to  work  if  he  could  find  employment. 
With  commendable  resolution  lie  left  home  in  quest  of  work.  Looking 
about  for  a  situation  in  whatever  respectable  business  it  might  offer,  he 
reached  the  city  of  Lockport,  Niagara  county.  New  York.  -  After  a  few 
days'  search  he  found  employment  with  a  merchant,  and  entered  upon 
the  battle  of  life.     The  duties  of  the  situation  he  determined  to  fulfill  to 


/ 


yi^Si. 


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.     I.       )- 


^.    ' 


THE    BENCH    AND    BAR    OF    WISCONSIN.  423 

the  satisfaction  of  his  employer.  That  his  success  was  complete  is  evi- 
dent in  the  fact  that  during  the  four  years  he  remained  in  the  establish- 
ment, which  was  transacting  a  large  business,  he  had  honestly  worked 
his  way  up  from  the  lowest  position  to  that  of  chief  clerk  or  head  sales- 
man, and  at  the  same  time  laid  the  foundation  of  thorough  business 
attainments.  And  this  was  not  the  end  of  his  efforts  for  self  advance- 
ment ;  for  during  these  four  years  of  hard  work  in  the  store,  he  entered 
upon  a  course  of  private  study,  to  which  a  portion  of  his  earnings  were 
devoted.  To  aid  him  in  this  task  he  wrote  out  his  self  imposed  lessons 
on  slips  of  paper,  which  were  carried  in  his  pockets  for  reference  when 
memorizing  and  rehearsing  them  during  the  day.  When  he  had  gone  as 
far  in  his  studies  as  he  well  could,  unaided,  he  called  to  his  assistance  a 
young  educated  Cierman,  and  under  this  private  tutor  the  higher  branches 
were  grappled  with,  and  in  addition  to  advancement  made  in  the  classics, 
a  fair  knowledge  of  the  German  language  was  acquired.  Subsequently 
he  studied  medicine  two  years,  with  a  view  to  its  practice,  which  plan 
was  finally  abandoned  to  come  west  and  engage  in  other  avocations. 

In  the  fall  of  1849  he  came  to  Wisconsin,  remaining  a  short  time  at 
Southport,  now  Kenosha,  and  in  September  of  that  year  locating  at  She- 
boygan Falls,  where  he  has  since  resided,  and  where  in  1853  he  married 
Miss  Clara  A.  W.  Cole.  He  engaged  in  business  pursuits  until  1856. 
when  he  commenced  the  study  of  law,  and  in  1858  was  admitted  to 
practice  in  the  circuit  court  at  Sheboygan,  subsequently  to  the  state 
supreme  court,  and  to  the  United  States  district  and  circuit  courts  for 
Wisconsin.  Having  prepared  himself  by  assiduous  self  culture  and  by 
thorough  reading  of  law  he  was  prepared  to  enter  upon  the  practice  of 
his  chosen  profession,  which  he  did  by  locating  his  business  in  the  city 
of  Milwaukee,  doing  a  lucrative  business  there  from  February  1858  to 
1865,  during  which  time  his  residence  remained  unchanged.  Since  the 
last  named  date  his  professional  business  has  mainly  been  confined  to 
the  fourth  judicial  circuit.  In  1862  he  was  called  upon  by  the  people 
with  whom  he  had  long  associated,  to  serve  them  in  responsible  public 
duties,  by  electing  him  a  member  of  assembly  on  the  democratic  ticket. 
At  an  extra  session  convened  during  his  term  of  office,  he  served  as 
chairman  of  the  committee  on  the  judiciary.  In  1863  and  1864  he  repre- 
sented his  district  in  the  senate,  and  although  belonging  to  the  minority 
in  that  body,  he  was  made  chairman  of  the  select  committee  to  consider 
the  liability  of  the  state  to  sufferers  by  the  Ozaukee  county  draft  riot, 


•  .    '•  :    • 


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t)*^ 


THE    BKNCH    AND    BAR    OF    WISCONSIN.  427 

of  Vermont,  at  Burlington,  and  was  graduated  with  honor  in  1861. 
He  immediately  came  to  Wisconsin,  and  during  the  fall  was  principal 
of  the  high  school  at  Sheboygan.  Meantime  he  had  commenced  the 
study  of  the  law,  and  continuing  it  in  the  office  of  Ellis  &  Jones,  promi- 
nent attorneys  of  that  city,  he  was,  on  June  9,  1862,  admitted  to  the  bar 
by  Judge  David  Taylor.  He  went  from  Sheboygan  to  Galena,  where 
he  opened  an  office  in  August  of  that  year.  November  20,  1862,  he 
was  united  in  marriage  to  Miss  Miriam  H.  Cutler,  of  Burlington,  Ver- 
mont. She  is  a  sister  of  H.  C.  Cutler,  M.D.,  widely  known  as  a  suc- 
cessful physician  and  influential  citizen  of  Dodgeville,  in  this  state.  At 
that  time  she  was  visiting  at  the  residence  of  her  cousin,  Mrs.  Bean,  at  Wau- 
kesha, where  their  marriage  was  celebrated  by  Bishop  Kemper,  in  St.  Mat- 
thias church.  They  have  two  children:  Mary  Florence,  born  July  26, 
1865,  and  Francis  Cutler,  born  March  26,  1867,  both  born  in  Galena.  In 
July,  1867,  owing  to  the  poor  health  of  his  wife,  he  removed  to  Darling- 
ton, Wisconsin,  where  he  has  since  remained  in  the  active  practice  of 
his  profession.  In  1873  he  determined  to  add  the  business  of  abstract- 
ing titles  to  his  law  practice  ;  and  he  has  now  the  only  complete  set  of 
abstracts  of  real  estate  titles  in  La  Fayette  county.  This  has  been  made 
wholly  under  his  personal  supervision,  and  is  a  model  of  accuracy  and 
completeness.  In  July,  1881,  he  formed  a  partnership  with  P.  H.  Conley, 
under  the  name  of  Marshall  &  Conley.  He  has  paid  little  attention  to 
politics,  never  having  been  a  candidate  for  any  political  office.  He  was 
elected  district  attorney  on  the  republican  ticket  in  1868,  and  county 
superintendent  of  schools  in  187 1.  He  is  now  city  attorney  of  Darling- 
ton. While  living  at  Galena,  his  Alma  Mater  conferred  upon  him  the 
degree  of  A.M.  He  has  always  taken  an  active  interest  in  literary 
pursuits,  and  is  correspondent  of  the  Philological  Society  of  England; 
he  is  president  of  the  Literary  Club  and  of  the  Dramatic  Association 
of  Darlington. 

William  S.  Hamilton.  Very  few  of  the  early  settlers  of  the  lead 
mines  are  better  known  than  Colonel  William  S.  Hamilton.  Few 
people  at  this  day  know  that  he  commenced  his  career  in  Illinois 
as  the  aid  on  the  staff  of  Governor  Coles,  with  the  rank  of  colonel, 
which  he  afterward  always  bore,  and  was  subsequently  a  member  of  the 
state  legislature  from  Sangamon  county.  VVe  extract  what  E.  B.  Wash- 
burn says  of  him :     A  word  as  to  William  S.  Hamilton    may  not   be 


428  THK    BENCH    AND    BAR    OF    WISCONSIN. 

amiss,  as  he  was  one  of  the  earliest  settlers  of  Illinois,  and  lived  in  the 
state  during  the  administration  of  Governor  Coles.  He  was  appointed 
by  the  governor  as  his  aid-de-camp,  with  the  rank  of  colonel,  soon  after 
his  installation  into  office.  He  was  the  son  of  Alexander  Hamilton, 
and  his  name  was  William  Stephen,  not  William  Schuyler  Hamilton,  as 
written  by  Governor  Coles.  He  was  born  in  New  York,  August  4,  1797, 
and  was  admitted  to  the  West  Point  military  academy  in  18 14,  and  re- 
signed in  1817.  He  left  his  home  in  New  York,  and  settled  at  an  early 
day  in  Sangamon  county,  Illinois.  He  was  United  States  deputy  sur- 
veyor of  the  public  lands,  and  in  that  capacity  surveyed  the  township  in 
which  Springfield  now  stands.  In  1824  he  was  elected  a  member  of 
the  house  of  representatives  from  Sangamon  county.  In  1827  he  emi- 
grated from  Illinois  to  the  Fever  river  lead  mines.  He  commenced 
mining  for  lead  ore  at  a  point  soon  known  as  Hamilton's  Diggings, 
now  Wiota,  in  La  Kayette  county,  Wisconsin.  I  knew  Colonel  Hamil- 
ton well  from  1841  to  1849,  when  he  emigrated  to  California.  He  occu- 
pied a  prominent  position  in  southwestern  Wisconsin,  and  was  a  well 
known  whig  politician.  He  was  a  member  of  the  house  of  representa- 
tives in  the  territorial  legislature  of  Wisconsin  in  1842  and  1843.  He 
died  in  Sacramento,  California,  October  9,  1850.  For  nineteen  years 
neither  stone  nor  slab  marked  the  spot  where  reposed  his  ashes.  When 
the  careless  grave-digger  threw  his  shovelfuls  of  earth  on  his  coffin,  little 
could  he  have  thought  he  was  covering  the  remains  of  a  son  of  Alexan- 
der Hamilton,  in  my  judgment  the  greatest  of  all  American  states- 
men. Colonel  Hamilton  was  brave,  generous,  hospitable,  and  humane, 
unusually  quick  in  perception,  and  decided  in  action.  In  1879  Cyrus 
Woodman,  of  Cambridge,  Massachusetts,  who  was  long  a  resident  of 
Mineral  Point,  and  a  devoted  friend  of  Colonel  Hamilton,  purchased 
a  lot  in  the  cemetery  of  Sacramento,  and  marked  the  grave  with  granite 
head  and  foot  stones. 

Georgf  W.  Jones  was  born  in  Vincennes,  Indiana,  April  12,  1804. 
He  was  educated  at  the  Transylvania  University,  Lexington,  Kentucky, 
and  entered  upon  the  legal  profession.  He  came  west  and  located  six 
miles  from  Dubuque  in  the  early  part  of  1827.  At  the  close  of  the 
Black  Hawk  war  he  was  elected  judge  of  the  court  of  the  western  district 
of  Michigan,  now  the  state  of  Wisconsin,  but  there  is  no  record  of  his 
having  served  in  that  capacity.     Upon  the  organization  in  1836  of  the 


^  ■   ■ 


.'.. 


THt    BENCH    AND    BAR    OF    WISCONSIN.  429 

Territory  of  VV^isconsin  he  was  elected  delegate  to  conj^ress.  Mr.  Jones 
received  the  appointment,  by  the  United  States  government,  of  surveyor- 
general  for  the  territory,  and  held  the  office,  with  one  interruption,  until 
1848.  In  1848  he  was  elected  United  States  senator  from  Iowa,  and 
was  reelected  for  a  second  term  ending  in  1859.  Under  the  adminis- 
tration of  President  Bucl^anan,  General  Jones  was  appointed  minister  to 
New  Grenada,  and  as  such  resided  at  Bagota  three  years,  returning  in 
1 86 1,  and  now  resides  in  Dubuque,  retired  from  public  life. 

Thomas  Pendi.kton  Burnett  was  born  in  Pittsylvania  county, 
Virginia,  September  3,  1800.  He  received  an  academic  education, 
and  after  being  admitted  to  the  bar,  settled  and  practiced  his  profes- 
sion in  Paris,  Kentucky.  He  was  appointed  sub-Indian  agent  at 
Prairie  du  Chien,  at  which  place  he  arrived  in  June,  1830,  and  com- 
menced the  practice  of  law.  In  January,  1835,  he  was  appointed 
district  attorney  for  the  counties  of  Crawford,  Iowa,  Dubuque  and 
Des  Moines,  but  resigned  the  office  in  the  following  September.  In 
October,  1835,  he  was  elected  a  member  of  the  territorial  council  of 
Michigan  Territory,  which  was  to  meet  at  Green  Bay.  In  1836  he  was 
appointed  reporter  to  the  supreme  court  of  the  territory  of  Wisconsin. 
In  1837  he  settled  in  Grant  county,  from  which  he  was  elected 
member  of  the  legislative  assembly  for  that  county  in  1844,  was  a 
member  of  the  ffrst  constitutional  convention,  and  died  during  the 
session  of  that  body  on  November  7,  1846. 

James  H.  Knowlton  was  born  at  Canandaigua,  New  York, 
August  22,  1813.  He  was  self-educated.  Coming  to  Wisconsin  at  the 
age  of  twenty-six  he  resided  successively  at  Janesville,  Mineral  Point 
and  Shullsburg.  At  the  latter  place  he  prepared  for  the  bar  and  was 
admitted  to  practice,  which  he  commenced  at  Shullsburg.  In  1856 
he  removed  to  Janesville,  practiced  his  profession  until  in  1861.  when 
he  changed  his  business  to  Chicago  and  his  residence  to  Wheaton. 
He  was  probate  judge,  on  its  first  organization,  of  the  county  of 
La  Fayette;  was  a  member  of  the  assembly  for  the  years  of  1855 
and  1856;  was  a  presidential  elector-at-large  in  1856;  after  remov- 
ing to  Janesville  he  was  again  elected  to  the  assembly  in  1S57.  Judge 
Knowlton  acquired  his  greatest  distinction  in  this  state  as  one  of  the 
attorneys  on   the  defense  with    Jonathan  K.    Arnold   in   the    Hubbell 


s. 


\ 


430  TMK    HF.NCH    AND    I;AR    OK    WISCONSIN. 

impeachment  trial  before  the  senate  in  1853.  He  was  afflicted  with 
the  unfortunate  habit  of  indulgence  in  intoxicating  drinks,  and  had 
the  peculiar  faculty  of  discriminating  between  the  adulterated  and 
the  pure.  In  a  suit  before  him,  as  judge  in  St.  Croix  county,  to  recover 
for  a  bill  for  adulterated  liquor,  he  charged  the  jury  that  pure  liquor  is 
a  wholesome  beverage  and  promotive  of  longevity,  but  no  man  could 
recover  judgment  in  his  court  for  a  demand  based  on  a  sale  of  adulter- 
ated and  poisonous  liquors.  In  making  his  will  in  1875,  leaving  about 
three  thousand  dollars,  he  added  the  following :  I  have  labored  too 
continuously  for  others,  and  neglected  the  collection  of  many  demands 
justly  due  me.  The  result  is  evidenced  by  my  estate.  Sickness  and 
disease  have,  the  greater  portion  of  my  life,  attended  me  with  great 
fidelity  and  I  have  suflcred  much  from  pain.  That  will  cease; 
when  it  does  I  urgently  request  that  no  prayer  be  made,  and  that  no 
sermon  be  preached  or  delivered  over  my  remains  by  anyone  who 
professes  to  believe  that  there  is  an  all-wise,  all-powerful,  and  infinitely 
just  Being  who  now  is,  and  always  has  been,  abundantly  able  to  pre- 
vent human  suffering  and  all  wrong-doing,  but  who  does  nothing, 
and  never  has  done  anything,  to  stay  or  diminish  either. 

Willi  A-M  B.  Felker,  Oshkosh,  was  born  in  the  State  of  New  York, 
in  February,  1837;  came  to  Wisconsin  in  1847;  studied  law  in  Oshkosh 
with  Judge  H.  Wheeler  and  C.  W.  Felker;  was  admitted  to  the  bar  at 
Waupun  in  1S40;  practiced  at  Shawano  four  years,  at  Omro  Six  years, 
in  Oshkosh  since  that  time  in  the  firms  of  Finch  &  Felker  four  years, 
Felker  &  Cleveland  four  years,  and  alone  all  the  rest  of  the  time. 


THK    BKNCH    AND    BAR    OF    WISCONSIN.  431 


CHICAGO   ATTORNEYS    FORMERLY   OK   WISCONSIN. 

Charles  A.  Dibble  was  born  in  Herkimer  county,  New  York,  in 
1842.  His  father  was  in  the  lumber  business;  moved  to  Columbia 
county,  in  this  state,  in  1849,  where  Charles  was  reared  and  educated, 
mainly.  He  is  essentially  self  made,  and  a  man  self  made  is  generally 
well  made,  more  likely  to  follow  in  the  channel  of  his  native  incli- 
nations, and  more  fully  develop  his  inherent  abilities,  as  he  has  done. 
When  quite  young  he  engaged  in  school  teaching  and  continued  in  that 
occupation  until  the  outbreak  of  the  war,  when  he  enlisted  in  the  Twenty- 
ninth  Wisconsin  infantry — Colonel  Charles  R.  Gill — and  was  sergeant  in 
that  regiment,  the  history  of  which  is  on  the  credit  side.  At  the  battle 
of  Port  Gibson,  Mississippi,  he  was  wounded,  the  result  of  which  was 
the  loss  of  his  left  leg  below  the  knee.  His  valor  and  bravery  were  evi- 
denced in  his  entire  career  as  a  soldier.  When  mustered  out  of  the 
service  he  returned  to  Columbia  county  and  reengaged  in  school  teach- 
ing there  and  in  Fox  Lake;  thence  to  Markham  Academy  in  Milwau- 
kee, where  he  remained  during  the  summer  and  fall  of  1866,  taking  a 
partial  course  in  a  law  class  in  addition  to  his  academic  studies.  In  the 
fall  of  that  year  he  was  elected  clerk  of  the  court  of  the  ninth  cir- 
cuit, and  was  reelected  two  successive  terms.  He  made  an  efficient 
court  clerk.  During  this  time  he  read  law  under  the  direction  of  Israel 
Holmes,  and  was  admitted  to  the  bar  in  Dodge  county,  in  the  fall  of 
1871.  He  resigned  the  clerkship  that  fall  and  went  to  Chicago  the 
day  after  the  great  fire,  engaged  in  the  practice  of  his  profession, 
has  been  there  since,  and  with  as  great  a  degree  of  success  in  all 
respects  as  any  of  the  former  Wisconsin  lawyers,  who  have  located  in 
Chicago.  He  takes  an  interest  in  matters  pertaining  to  soldiers;  is 
judge  advocate  of  the  Veteran  Union  League,  and  Grand  Army  Post 
28,  and  is  a  highly  respected  member  of  those  organizations.  He  is  a 
man  of  exemplary  habits,  and  esteemed  as  a  gentleman  and  citizen.  In 
1870  he  married  the  daughter  of  Doctor  Winter,  formerly  of  Horicon, 
where  he  built  a  hotel,  which  bears  his  name ;  was  surgeon  of  the  Nine- 
teenth Wisconsin  infantry ;  now  resides  in  Chicago,  though  engaged  in 
the  manufacture  of  mineral  paint,  at  Iron  Ridge,  Wisconsin. 


432  THK    RENCH    AND    BAR    OF    WISCONSIN. 

James  M.  F'lower,  was  born  in  Oswego  county,  New  York,  March 
ID,  1835.  His  parents  moved  to  Wisconsin  when  he  was  still  a  child, 
and  he  received  his  education  at  the  Wisconsin  Slate  University. 
After  graduating  he  entered  the  Albany  Law  School,  and  while  there 
was  admitted  to  the  bar  in  May  1859.  On  his  return  to  Madison  he 
became  a  member  of  the  firm  of  Abbott,  Gregory,  Pinney  and  Flower, 
and  when  that  firm  dissolved,  of  the  firm  of  Stevens,  Flower  and  Morris. 
Wishing  to  devote  himself  exclusively  to  one  branch  of  the  profession, 
he  moved  to  Chicago  in  January,  1873,  and  entered  the  firm  of  Tcnneys, 
Flower  and  Abercrombie,  now  Flower,  Remy  and  (jregory,  a  firm  univer- 
sally acknowledged  to  be  composed  of  the  most  careful  and  successful 
commercial  lawyers  in  the  West.  Mr.  Flower  is  a  man  eminently  qualified 
to  inspire  confidence  as  a  lawyer ;  having  a  clear,  logical  mind,  great 
energy,  a  cool  and  almost  unerring  judgment ;  and  to  these  qualities 
adding  a  thorough  knowledge  of  the  law.  His  life  may  well  serve  as  a 
stimulus  to  all  young  men  striving  for  eminence  in  the  ])rofession,  as  to 
his  own  unaided  efforts  is  due  his  success  at  the  bar. 

Stephen  S.  (tRec.ory,  was  born  at  Unadilla,  Otsego  county,  New 
York,  November  16,  1849,  and  is  the  eldest  son  of  J.  C.  Gregory, 
of  Madison,  one  of  the  leading  lawyers  of  Wisconsin.  He  was 
educated  at  the  University  of  Wisconsin,  graduating  in  the  classical 
course  in  1870,  with  the  degree  of  A.H.,  and  from  the  law  department 
in  187  I  with  the  degree  of  LL.B.,  and  he  has  since  received  the  degree 
of  A.M.  from  his  Alma  Mater.  After  leaving  college  he  continued  the 
study  of  law  in  the  office  of  Gregory  and  Pinney,  at  Madison,  and 
having  been  admitted  to  the  bar  of  the  supreme  court  he  commenced 
practice  at  Madison^  where  he  was  for  a  time  in  partnership  with  J.  D. 
(iurnee.  On  July  i,  1874,  Mr.  Gregory  became  a  resident  of  Chicago, 
where  he  formed  a  law  partnership  with  Arthur  H.  Chetlain.  He 
subsequently  became,  and  now  is,  a  member  of  the  firm  of  Flower, 
Rcmy  and  Gregory,  which  is  one  of  the  most  successful  in  Chicago.  Mr. 
Gregory  has  shown  especial  talent  in  the  trial  of  cases,  and  in  difficult 
matters  of  pleading,  and  he  attends  to  a  great  part  of  the  litigated 
business  of  his  firm.  Mr.  (iregory  was  married  in  1879  to  Miss  Janet 
Mclndoe  Tappan,  daughter  of  the  late  Captain  Edward  Tappan,  of 
Madison,  and  granddaughter  of  the  late  Arthur  Tappan,  of  New  York. 


THK    IIK.NCH    ANi>    BAR    OF    WISCONSIN.  4153 

IsRAKL  Holmes  was  born  in  Danube,  Herkimer  county,  New  York, 
January  21,  1828,  and  is  the  son  of  John  and  Alida  Herkimer  Holmes. 
Fiaving  been  prepared  in  Fairfield  Academy,  he  entered  Union  College, 
from  which  he  graduated  in  1849.  Adopting  law  for  a  profession,  he 
prepared  for  its  duties  in  the  state  and  national  law  school  at  Ballston 
Spa,  New  York,  where  he  ranked  as  a  proficient  student,  foreshadowing 
the  success  which  has  since  been  attained.  In  1850  he  was  admitted 
to  the  l)ar  at  Schenectady,  New  York,  after  which  he  was  for  a  short 
time  in  the  oftirc  of  Judge  liza  (iraves,  at  Herkimer;  he  then  taught 
school  a  few  years,  and  was  principal  of  Fairfield  Academy,  New  York. 
He  came  to  Wisconsin  in  1854,  and  commenced  the  practice  of  law  at 
l*ortage,  in  which  he  was  alone  some  years,  afterward  becoming 
associated  with  G.  (■.  Prentiss  until  1871,  at  which  time  he  removed 
to  (Chicago,  when  he  became  senior  member  of  the  firm  of  Holmes, 
Rich  and  Noble.  While  at  Portage,  Mr.  Holmes  was  district  attorney 
for  Columbia  county  two  terms,  and  has  held  no  other  office.  During 
his  |)rofessional  career  in  Wisconsin  Mr.  Holmes  came  to  be  one  of 
the  first  lawyers  of  the  state,  standing  high  as  a  conscientious  and 
faithful  counsellor,  as  an  able  and  forcible  advocate,  and  is  one  of  those 
jurists  who  were  conspicuous  in  illustrating  the  annals  of  the  jurispru- 
dence of  the  state,  which  are  noteworthy  among  similar  annals  in  this 
<ountry.  In  Chicago,  Mr.  Holmes  has  found  eminent  success.  Flis prac- 
tice has  taken  in  very  important  cases;  among  these  may  with  propriety 
be  mentioned  the  novel  and  notable  case  attracting  wide  attention  at 
the  time,  where  the  wife  of  the  artist  Elkins  sued  a  saloon  keej)er  for 
twenty-five  thousand  dollars  damages  for  selling  li(]uor  to  her  husband, 
including  in  the  suit  the  owner  of  the  building  and  his  renting  agents. 
As  counsel  for  the  owner  of  the  building  and  the  party  through  whom 
the  lease  came  down,  Mr.  Holmes,  after  long  and  laborious  trial,  made 
an  argument,  in  summing  up,  that  was  able  and  exhaustive,  unsurpassed 
in  the  history  of  any  such  case  in  this  country,  and  was  so  pronounced 
by  the  most  competent  judges  who  heard  it.  While  residing  in  Wis- 
consin Mr.  Holmes  enjoyed  the  highest  respect  and  esteem  of  his 
fellow  citizens,  and  it  is  no  less  true  that  the  same  friendly  sentiment 
toward  him  obtains  in  ('hicago.  Never  seeking  office  or  political 
prominence,  his  modest  and  retiring  dis])osition  is  coupled  with  the 
demeanor  of  the  true  gentleman.      Notwithstanding  the  press  of  duties 

pertaining  to  his  profession,  he  does  not  fail  to  indulge  his  taste  for 
25 


434  THE    HENCH    ANb    IJAR    OF    WISCONSIN. 

the  better  class  of  literature,  and  his  estimable  wife  is  noted  in  society 
for  her  high  literary  attainments  and  personal  accomplishments. 

LuMLEY  Ingledew  is  a  Wisconsin  lawyer  now  in  Chicago,  and  has 
been  successful;  has  attained  to  it  in  a  quiet  and  unostentatious  way  by 
his  industry  and  energy.  The  truly  succtjssful  man  is  one  who 
makes  the  most  of  his  abilities  and  opportunities  when  turned  into  the 
channel  of  his  inclinations  and  native  fitness  and  is  faithful  to  himself 
and  lo  his  early  formed  purposes,  which  is  true  of  him.  He  was  bom  in 
Bradford,  England,  in  1837;  his  ])arents  emigrated  to  Troy,  Walworth 
county,  Wisconsin,  in  1845,  and  engaged  in  farming,  where  Lumley 
worked  on  the  farm  until  sixteen  years  of  age,  when  he  set  about  obtain- 
ing an  education;  entered  Milton  College,  and  graduated  in  1861,  after 
which  he  read  law  in  Janesville,  with  the  now  Judge  H.  S.  Conger  and 
Henry  K.  Wiiiton,  and  was  admitted  to  the  bar  at  Madison  in  1863,  and 
was  immediately  thereafter  commissioned  by  President  Lincoln  com- 
missary of  subsistence  with  rank  of  captain,  and  was  with  the  army  of 
the  Cumberland  during  the  war,  with  the  exception  of  nine  months, 
when  he  was  prisoner  of  war;  part  of  the  time  in  Charleston,  South 
Carolina,  where  he  was  one  of  the  six  hundred  Union  officers  placed  by 
the  confederate  authorities  under  the  fire  of  our  own  batteries  during 
the  seige  and  bombardment  of  that  city,  and  remained  so  exposed  for 
three  months  to  protect  the  buildings.  He  was  promoted  by  Lincoln  to 
the  rank  of  brevet  major  in  the  same  branch  of  the  service,  making  an 
honorable  and  creditable  record ;  mustered  out  of  the  service  in  Octo- 
ber, 1865,  when  he  went  to  Chicago  and  took  a  course  in  bookkeeping, 
in  Eastmans  Business  College,  and  was  subsequently  principal  of  book 
keeping  and  commercial  law  in  that  institution  for  eighteen  months; 
when,  in  1S67,  he  engaged  in  the  real  estate  and  law  business,  and  has 
been  so  engaged  since.  While  in  Janesville  he  was  one  of  the  origi- 
nators and  promoters  of  the  Young  Men's  Literary  Society,  and  was,  as 
he  now  is,  a  man  of  excellent  habits,  and  highly  respected. 

JoFiN  J.  McClellan.  What  there  is  of  a  man  which  is  creditable 
and  favorable  is,  as  a  rule,  evidenced  by  what  appears  on  the  surface, 
and  what  the  public,  generally  an  unerring  critic,  sees  and  knows  of  his 
outward  career;  and,  further,  by  what  he  accomplishes  that  is  known 
and  read  of  men  —  those  who  have  to  do  with  him  in  business  or  in 


_    .  .  .  .^.  _ 


THE    BENCH    AND    BAR    OF    WISCONSIN.  4.*]o 

society.  A  man  who  is  worthy  of  any  consideraWIc  attention  from  the 
public,  as  identified  with  any  legitimate  calling,  stands  or  falls  npon  his 
merits  —  not  always,  but  generally  true.  A  judge  who  knew  John  J. 
McCIellan,  the  subject  of  this  sketch,  well,  said  of  him:  *'  He  has  an 
active,  vigorous  mind;  an  accurate  and  extensive  knowledge  of  law; 
patient  and  j»ersistent  industry,  and  is  the  soul  of  honor."  He  has  been 
successful  —  won  success  by  his  native  ability,  energy,  integrity  and 
faithfulness  to  those  who  entrust  their  interests  to  him.  The  purpose 
of  this  sketch  is  to  show  the  principal  steps  of  his  career  leading  up  to 
this  result.  He  was  born  in  Livingston,  Columbia  county,  New  York, 
September  5,  1833;  his  father,  Samuel  R.  MrClellan,  a  physician,  is  of 
Scotch  descent,  and  his  ancestors  settled  in  Colerain,  Massachusetts,  in 
1723;  his  mother's  maiden  name  was  Catherine  (iarner,  of  iJutch 
descent;  her  ancestors  settled  in  Columbia  county.  New  York,  in  1793, 
a  commingling  of  two  sturdy  and  vigorous  peoples,  both  characterized 
by  intelligence  and  good  common  sense.  In  1845  the  family  settled  in 
what  is  now  Kenosha  county,  Wisconsin,  where  the  father  practiced  his 
profession,  and  improved  a  large  farm,  and.  taking  a  deep  interest  in  the 
(>olitical  as  well  as  material  interests  of  the  new  commonwealth,  was 
elected  a  member  of  the  first  <  onstituticmal  convention,  anil  subse- 
quently of  the  state  senate.  John  J.  worked  on  the  farm,  attending 
school  winters,  until  seventeen  years  of  age,  when  he  entered  a  school 
at  Kenosha,  where  he  remained  two  vears,  when  he  conimenced  the 
study  of  law,  to  make  it  his  profession,  in  the  office  of  K.  \V.  Fvans, 
then  a  prominent  lawyer  in  Kenosha,  late  of  the  Chicago  bar.  In  1855 
he  entered  the  law  department  of  the  Albany  Cniversity.  graduated  in 
1856,  was  admitted  to  the  bar  and  commenced  practice  in  the  fall  of  the 
same  year  in  Oconto,  in  northern  Wisconsin,  and  met  with  marked  sue- 
cess.  In  the  S|)ring  of  1X57  he  was  elected  district  attorney,  under  a 
new  county  r)rganization,  and,  by  successive  reele<'tions,  ( Dutinued  to 
hold  the  ot^ice  until  January,  1862,  when  he  was  appointe<i  assistant 
attorney-general  under  James  H.  nr>we,  the  attorney-general,  and  after- 
ward under  his  successor,  Winfield  Smith,  and  was  acknowledi^ed  bv  all 
[)arties  to  be  an  efti<  ient  and  faithful  offuer  in  that  capacity.  In  .Mart  h, 
1863,  he  resigned  this  oftice  and  moved  to  Kk  ine,  an<l  resumed  the 
practice  of  his  profession.  In  May,  1864,  he  was  appointed,  by  I*resi- 
dent  Lincoln,  assistant  (piartern)aster  of  volunteers,  with  rank  of  ca|)tain, 
and  placed  in  charge  of  Johnson's  Island,  Tallahasse,  Florida,  and  other 


43<I  niK    P.FNCH    AND    DAR    <>F    WISCONSIN. 

plarcs;  remained  in  this  service  until  iS66,  leaving  it  with  a  clean 
balance  sheet,  and  a  record  for  faithful  and  honorable  service.  He  then 
moved  to  C'iii*  ajio  and  resumed  practice,  first  taking  charge  of  the  legal 
affairs  of  the  ^reat  dry  goods  house  of  J.  V.  Farwell  &  Company;  sub- 
se(iuently  formed  a  ]>artnership  with  I).  K.  Tcnney,  and  engaged  mainly 
in  the  i)ractice  of  commensal  law,  building  up  an  extensive  and  lucra- 
tive business,  wliich  has  continued  to  this  day.  He  is  now  engaged  in 
i^eneral  practice,  and  is  the  senior  member  of  the  firm  of  McClellan, 
Tewksbury  \'  Cummins,  in  Chicago.  This  is  one  of  the  most  reliable 
and  successful  law  firms  in  C'hicago.  In  r86i  he  married  Julia  G. 
Wheldon,  of  Racine.  They  have  two  children,  a  daughter  about  eigh- 
teen, and  a  son  about  tburteen  years  of  age;  a  pleasant  home  and  sur- 
round in  i^s. 

D.  K.  Tennky  was  born  at  Plattsburg,  New  York,  December  31, 
1834,  and  removed  with  l;is  parents  to  Ohio  when  less  than  a  year  old. 
At  the  age  of  four  he  was  ])hu:e(l  at  school,  where  he  soon  developed  a 
genius  for  ortliography,  for  at  the  age  of  eight  he  accomplished  the  un- 
common feat  of  spelling  down  one  hundred  and  fifty  pupils  at  a  spelling 
match.  His  brothers,  Horace  and  Henry,  were  publishing  a  newspaper 
at  Eiyria,  three  miles  from  his  home,  and  he  was  placed  with  them,  where 
he  was  kept  at  work  three  years,  at  the  end  of  which  time  he  could  set  a 
colunm  a  day.  The  brothers  going  west,  he  returned  home  and  attended 
school  again,  until  he  was  twelve  years  old,  when  he  went  to  work  on 
the  Ohio  Observer,  at  Hudson,  where  he  remained  two  years,  during 
which  time  he  attended  the  preparatory  department  of  the  Western  Re- 
serve College  four  months  in  each  year.  He  then  came  to  Wisconsin, 
arriving,  at  the  age  of  fifteen,  at  Madison,  with  a  quarter  of  a  dollar  only 
in  hand.  Here  he  worked  at  the  case  for  his  brother  Horace,  who  was 
publisiiing  the  Wisconsin  Argus,  setting  type  on  Saturdays  and  vaca- 
tions, and  attended  the  State  University.  At  the  end  of  two  years  he 
went  to  Cleveland,  Ohio,  and  worked  as  a  journeyman  printer  in  the 
office  of  the  Plain  Dealer.  Returning  to  Madison  he  continued  in  the 
university  to  near  the  close  of  his  sophomore  year,  when  he  left  that  in- 
stitution, on  account  of  disagreement  with  the  faculty,  because  he  manly 
refused  to  divulge  the  name  of  a  fellow  student  who  had  been  perpetrat- 
ing a  bit  of  mischief.  His  leaving  was  voluntary,  and  he  thenceforth 
determined  to  seek  fortune  without  rank  or  sheepskin.     He  then  worked 


THK    BKNCH    AND    BAR    OF    WISCONSIN.  43 1 

as  foreman  in  the  office  of  the  State  Journal  at  Madison  to  earn  the 
means  to  enable  him  to  enter  upon  the  study  of  the  law,  which,  having 
accomplished,  he  read  law  one  year  with  his  brother  Henry,  at  Portage, 
and  afterward  at  Madison  a  year,  acting  during  the  time  as  deputy  clerk 
of  the  circuit  court  to  keep  himself  in  funds.  On  December  ii,  1855, 
he  was  admitted  to  the  bar  when  he  was  less  than  twenty-one  years  of 
age.  On  the  same  day  he  entered  into  partnership  with  Thomas  Hood, 
and  started  in  without  a  dollar. 

Judge  Hood  retiring  from  practice  in  1856,  Mr.  Tenney  took  into 
partnership  Charles  T.  Wakeley,  and  dissolved  witli  him  in  i860.  The 
civil  war  coming  on,  Mr.  Tenney  was  heart  and  soul  for  the  Union  cause, 
but  was  prevented  by  ill  health  from  entering  the  army,  as  well  as  the  care 
of  two  banks  in  which  he  had  a  large  interest.  Aside  from  his  law  prac- 
tice he  was  engaged  in  several  business  enterprises,  among  which  was 
the  organization  of  the  Northwestern  Accident  Insurance  Com]>any,  in 
which  he  was  a  large  stockholder.  Although  doing  a  good  business  at 
Madison,  he  determined,  contrary  to  the  advice  of  friends,  to  seek  a 
wider  field  for  his  law  practice,  and  went  to  Chicago,  and  associated 
himself  with  John  J.  McClellan  in  1870.  He  niet  with  immediate  success; 
and  his  brother  Henry  left  Madison  also,  and  jc^ined  him.  Soon  after 
Mr.  McClellan  was  deposed  from  the  firm  and  James  M.  Flower  took  his 
place,  and  afterward  the  firm  became  Tenneys.  Flower  tV  Abercrombie. 
The  firm  is  not  rivaled  by  any  other  in  Chicatj^o,  either  in  quantity,  (jualiiy 
or  income,  and  has  reached  a  point  where  no  further  increase  is  desiretl. 
Henry  \V.  Tenney  retired  from  the  firm  in  1879,  and  the  firm  became 
Tenney,  Flower  vV  Cratty,  the  partners  con>iNling  of  I).  K.  Tenney,  J. 
M.  F*lower,  T.  Cratty  and  S  S.  Oregory.  They  represented  in  Chicago 
many  of  the  leading  mercantile  firms,  and  large  cor[>oiations  ot  Boston, 
New  York  and  ('hicago,  and  did  a  business  which  perhaps  in  the  amount 
of  money  involved  was  never  equaled  by  that  of  any  firm  at  the  Chicago 
bar.  In  1882  Mr.  Tenney  retired  irom  the  practice  at  Chicago,  and 
resumed  his  res!den<'e  at  Madison,  Wisconsin. 

In  1864  Mr.  Tenney  visited  Cuba,and  in  1S73.  and  again  in  i8Somade 
an  extended  tour  of  Kurope.  In  1857  he  married  Miss  Mary  J.  Marston, 
at  Madison,  and  their  children  are  a  son  and  a  dauuhier.  Mr.  'Tennev 
has,  evidently,  been  a  hard  worker,  and  relying  upon  himself  alone,  has 
achieved  a  success  in  life  that  few,  with  every  means  at  rommand,  ac- 
com])lish.     Through   life,  as  we  are  informed,  he  ha;»  never  been  con- 


4;)S  THK    HKNCH    AND    BAR    OK    WISCONSIN. 

scions  of  havin;^  willfully  wronged  any  man,  and  his  motto  has  stead- 
fastly been  "  to  m.ikea  tlollar  a  day  and  spend  only  seventy-five  cents," 
— principles  that,  with  fair  ability  and  industry,  will  insure  reasonable 
success  to  tiie  life  of  any  man.  Mr.  Tenney  has  never  sought  political 
preferment.  In  1S58,  while  he  was  presi'-ent  of  the  Sauk  City  Bank,  he 
was  ele<  ted  to  the  oftice  of  alderman  in  Madison,  and  again  in  1867  he 
was  appointed  by  the  governor  upon  a  commission  to  revise  and  simplify 
the  laws  relating  to  the  assessment  and  collection  of  taxes,  to  which  sub- 
ject he  had  paid  considerable  attention.  Other  than  these  two  minor 
appoinlmcnis,  he  has  never  held  a  public  office  nor  desired  to  do  so. 
When  it  is  said  further  that  the  competition  before  the  Chicago  bar  is 
greater  and  more  trying  than  at  the  bar  of  any  city  in  the  Union,  and 
when  it  is  known  that  the  subject  of  this  sketch  had,  at  the  early  age  of 
forty-five,  by  his  own  unaided  efforts,  secured  a  practice  and  influence 
more  commanding  than  that  of  any  young  man  at  that  bar,  it  will  at 
once  be  recognized  that  Daniel  K.  Tenney  is  no  ordinary  man-. 

lO/KA  (j.  VaiJ'.ntink  is  one  of  the  most  successful  of  the  young 
lawyers  who  came  to  Chicago  from  Wisconsin.  He  is  especially 
entitled  to  credit  since  he  was  surrounded  by  circumstances  not  the 
most  favorable  in  the  matter  of  his  obtaining  an  education.  The  man 
who  attains  success,  having  unlimited  opportunities  and  surrounded 
with  the  most  favorable  conditions,  is  not  entitled  to  the  same  credit 
as  cnie  who  is  ol)liged  to  make  the  circumstances  and  submit  to  and 
.ontend  with  the  conditions  and  make  the  most  of  such  opportunities 
as  he  may  have.  Cnder  the  latter  circumstances  the  young  man,  if 
he  has  the  ( vi[)acity  to  comprehend  and  measure  himself,  will  make 
the  best  u>e  of  them  he  can,  and  turn  his  abilities  and  talents  into 
the  channel  of  his  native  inclinations  and  develop  them  to  the  full- 
est extent,  and  evolve  in  himself  a  true  manhood  if  he  be  consci- 
entious and  true  :o  himself.  Judged  from  such  a  standpoint  Ezra 
(i.  Valentine  has  been  a  successful  man;  has  won  success  by  his 
native  ability,  energy,  industry,  faithfulness  to  the  interests  of  his 
clients,  and  strict  integrity  and  unexcei)iionable  habits;  has  devoted 
himself  to  early  imbibed  principles,  an  early  formed  purpose,  and  to 
his  profession,  earnestly  and  conscientiously,  and  has  risen  above  the 
majority  of  young  lawyers  in  the  way  of  substantial  success.  He  was 
born    in    Wyoming   county,    New    York,    in    1847  '»    ^^Js    father    was    a 


THt    HKNCH    AM)    BAR    OF    WISCONSIN.  430 

farmer ;  left  there,  with  his  parents,  when  about  nine  years  of  age, 
and  located  on  a  farm  in  Green  Lake  county,  Wisconsin ;  thence  to 
Ripon  in  1859,  where  he  commenced  pre[)aration  for  a  collegiate 
course  under  the  tuition  of  the  now  President  Merrill ;  from  there 
to  Beloit  College  in  1864,  and  was  in  the  preparatory  department 
one  year,  when  he  entered  upon  the  classical  course,  and  graduated 
in  1869,  standing  high  in  scholarship.  He  paid  his  own  way  in 
college  by  teaching  in  the  preparatory  department  and  elsewhere 
during  vacations.  After  graduating  he  taught  for  a  time  in  the  deaf 
and  dumb  institute  at  Delavan  ;  thence  to  Indianapolis,  Indiana,  where 
he  taught  and  read  law,  having  access  to  such  libraries  as  that  of 
General  B.  Harrison  and  others.  In  1875  he  came  to  Chicago;  was 
admitted  to  the  bar,  and  commenced  practice  in  1877,  and  has  since 
been  employed  in  several  important  cases.  He  successfully  defended 
the  officers  and  trustees  of  the  Delavan  deaf  and  dumb  institute 
against  charges  of  misdemeanors  made  by  a  former  officer;  the  trial 
was  a  notable  one,  lasting  three  months;  was  associated  with  Lyman 
Trumbull  in  the  Republic  Fire  Insurance  cases,  and  others.  These 
brief  references  to  Mr.  Valentine  carry  with  them  their  own  story. 
He  is  a  genial  and  unpretentious  gentleman,  highly  respected;  a 
reliable  attorney  and  counselor;  a  good  citizen,  and  in  good  circum- 
stances; a  member  of  the  Episcopal  church,  and  is  a  self-made  man 
in  all  respects. 

KohKRT  FnRn^-^  Winsi.ow  was  one  of  the  pioneers  of  Wisconsin. 
The  name  Winslow  is  widelv  known  in  the  earlv  and  later  annals  of 
New  Kngland.  It  is  among  the  old  family  names  of  England,  where 
the  family,  as  an  historic  one,  originated.  The  ancestt)rs  of  the 
Winslows  in  this  country  came  to  New  England  in  the  early  part  of 
the  sixteenth  century.  Robert  K.  is  descended  from  John  Winslow, 
a  brother  of  the  first  governor  of  Plymouth  Colony,  who  married 
Marv  Chilton,  the  first  woman  who  landed  from  the  Mav  I'lower.  He 
was  born  in  1807;  his  father  was  Thomas  Winslow,  a  native  of  Pitislon, 
Massachusetts,  and  his  mother's  maiden  name  was  Mary  For'oes,  of  the 
Island  of  Hcrmnila.  The  Winslows  are  a  long-lived  people;  the  subject 
of  this  mention,  now  past  .seventy-five,  is  in  full  mental  and  physical 
strength  and  vigor;  he  is  a  brother  of  Dr.  Forbes  Winslow,  deceased, 
late  of  England,  author  of  several  medical  works,  noiablv  of  the  juris- 


440  THE    BKNCH    AND    BAR    OF    WISCONSIN. 

prudence  of  insanity  ;  also  brother  of  the  late  Reverend  Dr  Octavius 
Winslow,  of  England,  Baptist  minister  and  author.  Edward  Winslow, 
deceased,  also  a  brother,  was  private  secretary  of  Lord  Lyndhurst  dur- 
ing the  time  he  was  Chancellor  of  England,  and  was  afterwards  Master 
in  Lunacy.  It  is  a  family  with  a  noteworthy  history,  many  of  its  mem- 
bers having  held  high  positions  of  state  and  others. 

He  received  an  academic  education,  read  law  with  William  Paxson 
Hallett,  who  was  subsequently  clerk  of  the  supreme  court  of  New  York. 
He  was  admitted  to  the  bar  in  New  York  city  in  1840,  where  he  prac- 
ticed with  success  until  1850.  During  this  time  he  was  colonel  in 
the  militia,  hence  his  title.  He  has  hanging  in  his  office  to-day 
a  commission  as  notary  public,  issued  to  him  by  Governor  DeWiit 
Clinton,  dated  1826,  just  before  he  reached  his  majority.  He  has  held 
such  a  commission  since  in  the  three  states  of  New  York,  Wisconsin 
and  Illinois,  continuously  for  fifty-five  years,  probably  longer  than  any 
other  man  ever  held  the  office  in  this  country.  In  1851  he  came  to 
Fond  du  Lac,  landing  first  at  Milwaukee,  with  a  considerable  amount  of 
money  and  a  number  of  land  warrants;  thence  by  boat  to  Green  Bay 
and  thence  to  Fond  du  Lac.  Being  a  man  of  close  observation  he  had 
an  eye  out  for  the  main  chance  in  the  way  of  selecting  lands  on  which 
to  locate  his  warrants.  The  captain  of  the  steamboat  remarked  to  him, 
as  they  rounded  the  peninsula,  that  some  day  there  would  be  a  canal 
from  the  lake  across  to  Sturgeon  Bay,  making  a  great  saving  in  dis- 
tance between  ^Milwaukee  and  Green  ^iay.  He  comprehended  the 
force  of  the  suggestion  and  preempted  by  warrants  every  forty  acres  of 
the  land  between  the  head  of  the  bay  and  the  lake,  where  the  canal 
would  likely  to  be  constructed.  When  he  arrived  at  Fond  du  Lac, 
he  engaged  in  practice,  as  attorney,  and  purchasing  a  farm  near  that  city, 
on  which  his  family  resided,  his  preemptions  on  the  peninsula  becoming 
known,  and  being  solicited  to  do  so,  he  disposed  of  three-quarters  of 
his  land  at  Sturgeon  Bay  to  Governor  Doty  and  others,  at  a  large 
advance  over  what  it  cost.  A  company  was  shortly  thereafter  organ- 
ized and  a  charter  obtained  from  the  legislature  authorizing  the  company 
to  construct  a  canal  just  where  the  Sturgeon  Bay  canal  now  is,  Messrs. 
Winslow,  Doty  and  others  were  named  as  corporators.  The  company 
was  duly  organized,  but  Mr.  Winslow,  his  wife  and  oldest  son  having 
died,  and  also  having  lost  very  largely  by  fire,  destroying  his  dwelling 
house  and  a  large  and  valuable  library,  he  became  disheartened  and  in 


•.■... '<J 


-■» 


THE    BENCH    AND    BAR    OF    WISCONSIN.  4-43 

1855  left  the  state,  and  after  he  left  the  company  did  nothing  about  the 
matter,  and  a  new  charter  was  obtained  superseding  that  of  Mr. 
Winslow's  and  a  new  company  organized  by  which,  aided  by  large 
grants  of  land  from  the  United  States  government,  the  present  canal  has 
been  constructed.  This  incident  is  mentioned  to  show  that  he  may 
justly  claim  to  be  the  father  and  originator,  in  a  way,  of  that  great 
enterprise.  At  that  early  day  Mr.  Winslow  traveled  over  the  state  a 
good  deal,  by  his  own  team,  and  made  sundry  investments  in  real  estate. 
He  remained  at  Fond  du  Lac  until  1855,  when  he  went  to  Chicago, 
and  there  engaged  in  the  practice  of  law.  He  will  be  remembered  by 
the  residents  in  Wisconsin  at  the  time  of  his  residence  in  that  state, 
es]>ecially  in  Milwaukee  and  Fond  du  Lac.  He  remained  in  Chicago 
until  1858  and  thence  re-removed  to  Princeton,  Bureau  county,  and 
there  engaged  in  the  practice  of  his  profession  in  partnership  with 
Milton  J.  Peters,  a  well  known  real  estate  lawyer.  In  1861,  by 
request  and  by  authority  of  the  war  department,  he  raised  and  drilled 
a  regiment  of  infantry  in  that  county,  with  the  purpose  of  going  to  the 
front  with  it,  but  circumstances  bevond  his  control  were  such  that  he 
was  compelled  to  abandon  his  military  plans,  yet  he  sent  the  men  he 
had  so  raised,  and  also  three  of  his  sons,  to  the  war,  who  all  served 
until  its  close;  one  of  his  sons  died  of  wounds  received  in  the  war. 
In  1863  he  went  to  Lacon,  Marshall  county,  and  there  followed  his  pro- 
fession until  1872,  when  he  returned  to  Chicago,  and  has  been  there 
since,  doing  a  first-class  professional  business. 

He  married,  in  1828,  Caroline  McKecby,  of  Duchess  county,  New 
York,  who  died  in  Fond  du  Lac  in  1854.  They  had  nine  children, 
seven  of  whom  survive.  He  is  a  member  of  the  second  Baptist  church, 
in  C'hicago.  He  is  a  gentleman  of  the  old  school,  clothed  with  becom- 
ing dignity,  without  vanity ;  courteous  and  gentle,  conscientious  and 
unswerving  in  his  fidelity  to  truth  and  uprightness;  is  a  faithful  and 
reliable  attorney  and  counselor ;  systematic,  accurate  and  methodical 
in  preparing  his  cases,  and  has  few  equals  in  point  of  ability  in  pre- 
senting them  to  court  or  jury;  is  true  to  his  clients,  and  esteemed  by 
the  members  of  his  profession ;  held  in  high  regard  by  all  who  know 
him  as  a  citizen  and  gentleman.  His  life  has  been  one  of  beneficent 
activity. 


444  THK    BKNCH    AND    BAR    OF    WISCONSIN. 


ATTORNEYS   REMOVED  TO  DISTANT  STATES. 

Frederick  W.  Pitkin,  Colorado.  The  bar  and  bench  of  Wisconsin 
has  sent  forth  many  names  which  have  added  character  and  honor  to 
the  profession,  but  none  more  so  than  the  subject  of  this  biography. 
Though  for  some  years  a  resident  of  Colorado,  the  name  of  Frederick 
W.  Pitkin  is  a  familiar  one  throughout  Wisconsin,  and  his  administra- 
tion as  governor  of  the  centennial  state  has  proved  of  such  a  character 
as  to  inspire  the  confidence  of  the  public  in  his  ability  to  govern  a  great 
and  growing  state. 

Governor  Pitkin  comes  of  New  England  stock,  and  is  a  descendant 
of  the  Pitkins  and  Griswolds  of  Connecticut — names  that  are  familiar  to 
readers  of  the  early  history  of  that  state.  He  was  born  at  Manches- 
ter, Connecticut,  on  August  31,  1837,  and  is  now  in  his  forty-fifth  year. 
After  a  preparatory  course  for  college,  his  education  was  entrusted  to 
the  faculty  of  Wesylan  University  at  Middleion,  where  he  entered  in 
1855,  and  graduated  with  credit  three  years  later.  Pursuing  his  studies 
still  farther,  he  entered  upon  a  course  at  the  Albany  Law  School,  and 
after  graduating  at  that  institution  with  distinguished  honor,  started  for 
the  west  to  begin  the  practice  of  his  profession,  and  located  at  Milwau- 
kee, Wisconsin,  in  the  year  1859.  Commencing  practice  in  that  city 
Governor  Pitkin  subsequently  became  associated  with  other  practition- 
ers, at  different  periods.  The  firms  with  which  he  was  connected  were 
Adams  &  Pitkin,  Pitkin  &  Davis,  Carter,  Pitkin  &  Davis,  and  Palmer, 
Hooker  <S:  Pitkin.  While  residing  in  Milwaukee  Governor  Pitkin  was 
engaged  in  an  extensive  and  lucrative  practice,  and  enjoyed  the  reputa- 
tion of  high  standing  as  a  lawyer,  and  was  universally  esteemed  as  a 
citizen, — everybody  liked  Mr.  Pitkin.  While  all  the  gentlemen  associa- 
ted with  him  in  business  in  Milwaukee  were  lawyers  of  standing,  those 
comprised  in  the  last  named  firm  are  distinguished  in  the  city  and  state; 
and  to  have  been  a  member  of  their  firm  when  they  were  engaged  in 
general  practice,  was  no  small  honor  to  any  man. 

His  introduction  to  Colorado  was  as  an  invalid  seeking  the  benefits 
of  its  climate  for  a  system  that  had  become  enfeebled  through  long  and 
close  attention  to  his  law  practice.  His  visit  to  the  far  west  was  the 
result  of  advice,  after  a  stay  in  the  mountains  of  Switzerland,  and 
another  on  the  shores  of  Florida,  had  been  made  without  efTecting  any 


-^ 


V..^^-,:^.. Ui^_     ''/^  ^..' 


..  ,  t:  . 
I  ..:■',■ 

■   ■ .  ■       V  -.  ■    ■  ■  • 


...,;,       ... 


■ . .  •    ■ »  .     '.      .  ■ . 
■      •     ■•{:■•:  I        "■  I'  .   ■ 

.i        «•  .^    •.  <.::riT»l.te' 

■    i'-     ■  ■.  v>.     n.i    P,  ■ 

■'.  :0  .1  -.1;. 

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.  ^     ■  ■:■.'  V    ..■_• 


THE    BENCH    AND    BAR    OF    WISCONSIN.  447 

change  in  his  condition.  Governor  Pitkin  arrived  in  Colorado  in  1874, 
and,  fully  determined  to  give  the  climate  the  benefit  of  a  thorough  trial, 
he  went  to  the  southern  portion  of  the  state,  where  the  pure  bracing  air 
soon  gave  him  the  relief  he  sought.  For  many  months  he  lived  in  a  tent, 
traveling  from  place  to  place,  and  venturing  into  higher  altitudes  as  he 
became  stronger  and  more  invigorated.  This  mode  of  life  was  followed 
until  1877,  by  which  time  he  was  so  far  restored  as  to  be  able  to  take  up 
his  residence  with  his  family  in  Ouray,  in  the  San  Juan  mining  country, 
though  usually  passing  his  winters  in  the  northern  part  of  the  state. 

His  nomination  for  governor  by  the  republicans  in  1878  was  a  com- 
pliment as  unexpected  as  it  was  gratifying.  The  southern  portion  of  the 
state  preseinted  his  name  to  the  convention,  and  it  met  with  unani- 
mous approval.  The  campaign  was  a  long  and  bitter  one.  Its  close 
showed  Governor  Pitkin  elected  by  a  majority  of  nearly  three  thousand, 
in  a  total  vote  of  about  thirty  thousand.  This  was  almost  double  the 
majority  ever  given  a  republican  candidate  at  previous  elections.  Fol- 
lowing close  upon  his  inaugural,  Governor  Pitkin  found  himself  called 
upon  to  settle  more  perplexing  questions  than  had  ever  fallen  to  the  lot 
of  any  former  executive.  A  long  and  bitter  warfare  between  two  of  the 
railroad  companies  had  been  scarcely  adjusted  without  loss  to  the  state 
or  its  interests,  before  an  outbreak  among  the  Ute  tribe  of  Indians, 
located  on  a  reservation  within  the  state,  called  for  the  greatest  vigilance 
and  care.  In  this  emergency  Governor  Pitkin  was  not  slow  to  take  meas- 
ures which  would  insure  the  entire  safety  of  the  people  of  his  state.  His 
record  on  this  question  is  familiar  to  the  readers  of  the  stirring  events  of 
the  times.  Throughout  the  period  when  the  border  was  threatened  by 
the  savages,  down  to  the  day  when  the  new  treaty  with  the  Utes  was 
signed  at  Washington,  he  remained  an  uncompromising  advocate  of  the 
rights  of  the  white  people  of  the  state,  and  did  all  that  was  in  his  power, 
both  as  the  governor  of  the  state,  and  by  a  personal  visit  to  the  authori- 
ties at  Washington  to  secure  the  removal  of  the  tribe  from  Colorado. 

His  reelection  for  a  second  term  as  governor,  was  a  vigorous  and 
hearty  endorsement  of  his  first  administration,  though  not  anxious  to 
become  burdened  with  the  cares  of  the  state  for  another  two  years,  his 
party  solicited  that  he  take  the  nomination  which  was  tendered  in  a 
manner  more  hearty  and  unanimous  than  two  years  previous.  Although 
a  national  campaign,  the  contest  of  the  democracy  was  concentrated 
against  Governor  Pitkin  and  the  most  strenuous  efforts  were  made  to 


448  THE    HENCH    AND    IIAR    OF    WISCONSIN. 

defeat  him  by  the  leaders  of  the  opposition.  His  majority  was  nearly 
double  that  given  to  any  other  candidate  on  the  ticket,  and  demon- 
strated the  popular  sentiment  that  existed  in  favor  of  his  administration. 
The  reins  of  government  in  a  new  and  growing  state  are  not  easy 
to  manage.  The  increase  of  population  and  the  extension  of  settle- 
ment into  new  sections  are  attended  with  difficulties  that  cannot  be 
anticipated,  but  must  be  met  and  settled  with  promptness.  Governor 
Pitkin  is  essentially  the  man  for  such  a  trust.  He  is  familiar  with  every 
section  of  the  state  and  can  deal  intelligently  with  questions  affecting 
e«ich.  His  knowledge  of  its  various  industries  enables  him  to  further 
such  legislation  as  will  enhance  their  interests.  Believing  that  the 
foundation  of  good  government  is  justice,  virtue  and  the  common  good, 
he  has  endeavored  to  promote  those  views  in  other  men,  and  entered 
upon  his  second  term  with  the  confidence  of  the  people  whose  welfare 
is  in  his  hands. 

John  R.  Sharpstein,  San  Francisco,  California,  who  for  seventeen 
years  was  a  member  of  the  Wisconsin  bar,  was  born  May  3,  1823,  in  the 
town  of  Richmond,  county  of  Ontario,  State  of  New  York.  From  five 
to  twelve  years  of  age  he  attended  the  common  school  of  the  district  in 
which  his  parents  lived.  When  he  was  twelve  years  of  age  his  parents 
moved  to  Michigan  and  settled  upon  a  farm  in  the  town  of  Ray,  county 
of  Macomb,  near  the  village  of  Romeo  and  about  twenty-five  or  thirty 
miles  from  Detroit.  There,  with  the  exception  of  six  months  in  1843, 
during  which  he  was  a  pupil  in  the  Norwalk  Seminary,  of  which  the  late 
Bishop  Thompson  was  principal,  the  subject  of  this  sketch  resided  until 
he  was  admitted  to  the  bar.  He  was  educated  in  the  common  schools,, 
in  a  select  school  taught  by  A.  S.  Welch,  now  president  of  the  Iowa 
Agricultural  College,  at  the  Norwalk  Seminary  of  Ohio,  and  in  what  was 
then  a  branch  of  the  Michigan  State  University  located  at  Romeo.  He 
was  never  graduated  at  any  college.  He  read  law  at  Romeo  in  the  office 
of  William  T.  Mitchell,  late  a  circuit  court  judge  of  Michigan.  In 
March,  1847,  he  was  admitted  to  the  bar  of  that  state,  and  immediately 
thereafter  went  to  Sheboygan,  Wisconsin,  where  he  met  Judge  Taylor, 
General  Hobart,  Judge  Gorsline,  General  E.  Fox  Cook,  Messrs.  Elroell, 
Clinton,  Hiller,  Jennings,  Howard  and  Williams,  all  of  whom  were  his 
seniors  at  the  bar,  and  by  all  of  whom  he  was  treated  with  marked 
kindness.      He  at  first  entered  the  office  of  General  Cook,  and  after 


THE    BENCH    AND    BAR    OF    WISCONSIN.  449 

remaining  with  him  for  a  few  months  opened  an  office  by  himself.  In 
the  spring  of  1848  Judge  Taylor  resigned  the  office  of  prosecuting 
attorney  of  that  county,  and  upon  his  recommendation  Mr.  Sharpstein 
was  appointed  to  fill  the  unexpired  term.  In  the  fall  of  1847  the  late 
A.  G.  Miller  held  a  short  term  of  court  in  Sheboygan,  and  Mr.  Sharp- 
stein's  first  appearance  in  a  court  of  record  was  during  that  term.  One 
year  afterward  the  late  Chief  Justice  A.  W.  Stow  held  a  term  of  the  state 
circuit  court  there,  and  Mr.  Sharpstein,  as  prosecuting  attorney  and 
otherwise,  had  a  fair  share  of  the  cases  disposed  of  at  that  term.  In  the 
early  part  of  1849  he  left  Sheboygan  and  went  to  Southport,  since 
known  as  Kenosha,  to  live.  He  at  once  opened  a  law  office  there,  and 
in  1850  was  elected  prosecuting  attorney  of  that  county.  In  1851  he 
was  elected  to  the  state  senate,  of  which  he  was  a  member  during  the 
years  of  1852  and  1853.  In  May  of  the  latter  year  he  was  appointed, 
by  President  Pierce,  attorney  of  the  United  States  for  the  district 
of  Wisconsin,  and  in  the  fall  of  that  year  he  removed  to  Milwaukee. 
He  held  that  office  until  the  spring  of  1857,  when  he  resigned  it.  Dur- 
ing his  incumbency  a  fugitive  slave,  named  Glover,  was  arrested  by  the 
United  States  marshal  and  lodged  in  the  county  jail  to  await  an  exami- 
nation under  the  fugitive  slave  law.  (ilover  was  rescued  by  a  large 
party  of  citizens  who  broke  into  the  jail  for  that  purpose.  Several  of 
the  rescuers  were  indicted  by  the  United  States  grand  jury  and  three  of 
them,  including  S.  M.  Booth,  were  tried  and  convicted.  They  were 
promptly  discharged  by  the  supreme  court  of  the  state  on  habeas  corpus. 
The  affair  at  the  time  caused  considerable  excitement.  In  the  spring  of 
1856  Mr.  Sharpstein  became  the  proprietor  of  the  Milwaukee  News  and 
retained  the  editorial  control  of  it  for  a  period  of  about  six  years.  In  1857 
he  was  appointed  postmaster  at  Milwaukee  by  Mr.  Buchanan,  and  held 
the  office  a  little  over  one  year,  when  his  term  ended  by  the  refusal  of 
the  senate  to  confirm  the  nomination.  In  i860  he  was  one  of  the  dele- 
gates to  the  democratic  national  convention,  which  first  assembled  at 
Charleston  and  then  adjourned  to  meet  at  Baltimore.  He  was  then  a 
firm  supporter  of  Mr.  Douglas,  and  looks  back  with  as  much  satisfaction 
upon  that  event  as  he  does  upon  any  in  his  life.  In  the  spring  of  1862 
he  was  appointed  superintendent  of  schools  in  Milwaukee,  and  filled  the 
office  until  he  resigned  it  in  order  to  take  a  scat  in  the  assembly  to  which 
he  was  elected  in  the  district  composed  at  that  time  of  the  first  and 
seventh  wards.     Soon  after  the  adjournment  of  the  legislature  he  be- 


450  THE    BENCH    AND    BAR    OF    WISCONSIN. 

came  associated  with  H.  L.  Palmer,  with  whom  he  remained  about  one 
year.  In  1864  he  left  Milwaukee  and  went  to  San  Francisco,  where  he 
has  since  lived  and  practiced  law,  with  the  exception  of  two  years  while 
he  was  judge  of  the  twelfth  district  court  in  that  city  and  the  time  which 
has  intervened  since  he  took  his  seat  at  the  commencement  of  1880 
upon  the  supreme  court  bench  of  California. 

He  was  appointed  district  judge  by  Governor  Booth,  since  United 
States  senator,  to  fill  an  unexpired  term  of  two  years  which  commenced 
January  i,  1874,  and  ended  January  i,  1876.  He  was  elected  to  his 
present  position  by  the  people  of  the  state. 

Soon  after  his  admission  to  the  bar  he  was  married  to  his  present 
wife,  and  they  have  two  sons,  both  li\ing  in  San  Francisco.  His  only 
brother,  who  for  many  years  lived  and  practiced  law  at  Stevens  Point, 
Wisconsin,  has  lived  for  the  past  fifteen  years  at  Walla  Walla,  Washing- 
ton territory,  where  he  has  a  good  practice  in  his  profession.  Judge 
Sharpstein  has  always  been  a  firm  believer  in  the  soundness  of  the  doc- 
trines of  the  democratic  party,  and  as  a  general  rule  has  supported  the 
nominees  of  that  party,  especially  for  president  and  vice-president  of  the 
United  States. 


Cyrus  Woodman,  Cambridge,  was  born  in  Buxton,  Maine,  in 
1814;  graduated  at  Bowdoin  College  in  1836;  read  law  with  Hubbard 
&  Watts,  in  Boston,  and  was  admitted  to  practice  and  opened  an 
office  in  Boston  in  1839.  In  the  latter  part  of  that  year  he  was  em- 
ployed by  The  Boston  and  Western  Land  Company,  owning  lands  in 
Illinois,  Missouri  and  Wisconsin  to  superintend  their  interests,  and  he 
accordingly  went  west  for  that  purpose.  He  resided  in  Illinois  for  a 
time,  and  in  the  year  1844  came  to  Wisconsin  and  located  at  Mineral 
Point.  At  this  place  he  opened  a  law  office  in  connection  with  C.  C. 
Washburn,  under  the  style  of  Washburn  and  Woodman.  For  several 
years  the  firm  did  a  large  business,  which  consisted  more  in  entering 
land  on  time  for  settlers,  and  in  general  transactions,  such  as  the  early 
settlers  required,  than  in  the  practice  of  law  in  the  courts.  By  square 
dealing,  the  firm,  both  individually  and  jointly,  at  once  established  a 
reputation  for  reliability,  fairness  and  integrity,  which  was  never  ques- 
tioned or  controverted.  In  their  whole  career,  extending  through  many 
years,  no  instance  is  known  to  have  occurred  of  overreaching  or  of  un- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  451 

conscionable  methods  of  practice.  The  same  traits  of  character  have 
adhered  to  them  through  life,  and  they  seem  to  have  been  inherent; 
their  record  is  clear  and  unsullied,  and  will  bear  the  strictest  scrutiny. 
The  business  of  the  firm  prospered,  and,  finally  dissolving,  the  members 
of  it  diverged  into  devious  channels.  Mr.  Washburn  continued  to 
reside  in  Wisconsin,  and  occupied  positions  of  public  trust  to  the  great 
satisfaction  of  the  people.  Mr.  Woodman,  having,  by  diligent  attention  to 
business,  acquired  a  competency,  visited  Europe  with  his  wife  and  chil- 
dren, and  remained  there  several  years  for  educational  purposes.  One 
of  the  sons,  now  a  lawyer,  was  placed  at  school  at  Robert  College  on  the 
Bosphorus,  of  which  Doctor  Cyrus  Hamlin  was  president.  On  his  return 
from  Europe  in  1859,  Mr.  Woodman  returned  to  Mineral  Point,  but  in 
1863  removed  16  Cambridge,  Massachusetts,  where  he  still  resides 
among  the  cultivated  and  refined  society  of  that  city.  It  can,  with  pro- 
priety, be  said,  that  Mr.  Woodman  is  a  perfect  model  of  a  business  man* 
having  system  and  regularity  in  every  department.  By  his  ability,  edu- 
cation and  natural  disposition,  he  is  qualified  and  is  competent,  in  the 
highest  sense  to  occupy,  with  credit  to  himself  and  benefit  to  his 
country,  any  place  or  position  in  the  government,  either  state  or 
national.  But  he  never  has  sought,  and  probably  would  not  accept, 
political  promotion,  having  absolutely  and  persistently  refused  it  while 
a  resident  of  Wisconsin. 


John  M.  Thurston,  Omaha,  Nebraska.  Of  the  many  members  of 
the  bar  who  have  left  Wisconsin  and  gone  west  for  business,  there  are 
none,  perhaps,  who  went  so  young  and  so  soon  arrived  to  distinction  as 
John  M.  Thurston.  He  is  a  native  New  Englander,  having  been 
born  in  Montpelier,  Vermont,  August  21,  1847.  At  the  early  age 
of  seven  years  his  father's  family  came  to  Wisconsin,  making  Madison 
their  first  stopping  place,  and .  three  years  later  they  went  to  Beaver 
Dam  for  permanent  location.  Here  young  Thurston  grew  up.  His 
father,  a  man  of  limited  means,  could  not  afford  him  the  facilities  for  a 
high  education,  but  young  Thurston  managed  to  overcome  these  obsta- 
cles by  working  on  the  farm  in  the  summer  and  pursuing  his  studies 
during  the  winter.  Thus  he  was  enabled  to  complete  a  collegiate 
course,  graduating  from  Wayland  University  at  the  age  of  twenty.  Im- 
mediately entering  upon  the  study  of  law  with  E.  P.  Smith,  now  of  the 


452  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Milwaukee  bar,  he  was  admitted  to  practice  May  21,  1869,  at  Portage,  by 
Judge  Alva  Stewart.  This  was  when  he  was  only  twenty-one  years  of 
age.  In  October  of  the  same  year  he  sought  newer  fields  for  professional 
labor,  and  located  in  Omaha,  since  which  he  has  risen  to  the  front  rank 
of  his  profession,  and  has  filled  various  positions  of  honor  and  public 
trust.  In  April,  1872,  he  was  elected  a  member  of  the  city  council,  and 
served  two  years,  during  which  time  he  was  its  acting  president,  and 
was  also  police  justice  of  the  city  by  appointment,  for  portions  of  the 
same  period,  and  in  1874  he  was  elected  city  attorney,  and  while  holding 
the  office  was  elected  a  member  of  the  legislature.  While  serving  in 
that  body  he  was  chairman  of  the  committee  on  the  judiciary,  and  act- 
ing speaker  of  the  house. 

Having  been  continued  in  the  office  of  city  attorney  until  April, 
1877,  he  resigned  the  position  to  accept  that  of  assistant  attorney  of  the 
Union  Pacific  Railway  Company,  which  situation  he  now  holds.  In  the 
fall  of  1875  he  was  nominated  by  unanimous  vote  of  the  republican 
convention  as  candidate  for  judge  of  the  third  judicial  district  of  the 
state,  and  was  defeated  by  a  small  majority  only,  and  solely  on  account 
of  his  youth.  Of  this  nomination  a  townsman  of  his  says:  This  is  by 
far  the  most  important  judicial  district  in  the  state,  and  the  fact  that 
Mr.  Thurston  was  the  unanimous  choice  of  the  convention  that  placed 
him  in  nomination,  furnishes  substantial  and  striking  evidence  that  he 
enjoys  the  popular  confidence  and  esteem  in  a  most  eminent  degree. 
Mr.  Thurston  is  still  a  very  young  man,  only  twenty-eight,  but  the 
political  history  of  this  progressive  state  docs  not  present  a  parallel  to 
his  remarkably  successful  public  career.  Unlike  many  other  promising 
young  men,  who  from  time  to  time  shoot  up  in  our  political  horizon  like 
sky  rockets  and  come  down  like  so  many  sticks,  Mr.  Thurston  has, 
since  his  advent  among  us,  six  years  ago,  made  steady  progress,  rising 
from  one  position  of  public  trust  and  responsibility  to  another,  until 
now  he  stands  before  the  people  a  candidate  for  the  position  so  ably 
filled  by  Chief  Justice  Lake.  Coming  to  Nebraska  a  stranger,  without 
money  and  without  political  backing,  John  M.  Thurston  has  by  p)crse- 
vering  industry  and  devotion  to  duty  risen  from  comparative  obscurity 
to  enviable  eminence.  His  best  recommendation  is  his  public  record. 
As  justice  of  the  county  courts,  councilman,  city  attorney,  and  legislator, 
Mr.  Thurston  has  served  the  people  of  Omaha  and  Douglas  county  with 
ability  and    fidelity.     While    liable    to   error   like   all    other  men   Mr. 


■*r 


y/^/^./^L^*5?5r- 


.\ 


.  ■  • .  '    I 


THE   BENCH    AND   BAR    OF    WISCONSIN.  455 

Thurston's  reputation  for  probity  has  never  been  called  in  question. 
Always  an  ardent  republican,  Mr.  Thurston  has  gradually  been  drawn 
into  politics,  taking  an  active  and  conspicuous  part  in  all  party  move- 
ments. The  state  convention  of  1878  was  accounted  the  bitterest  and 
most  strongly  contested  of  any  ever  held  in  the  state,  and  of  this  he  was 
a  member.  Of  the  part  he  took  in  its  proceedings  a  contemporary 
says: 

*'  Judge  Thurston  was  the  ruling  spirit  of  the  convention.  His 
answer  to  the  charge  that  he  was  a  Union  Pacific  attorney,  carefully 
prepared  and  splendidly  enunciated,  was  as  fine  a  thing  as  the  eloquence 
of  Nebraska  has  ever  produced.  And  not  only  in  that  introduction  to 
his  speech  in  the  contest,  but  in  the  management  of  the  whole  contest, 
from  beginning  to  end,  he  displayed  a  fertility  of  resource  and  executive 
ability  that,  added  to  his  power  as  a  speaker,  carried  everything  before 
him.  Even  after  the  Douglas  county  contest  had  been  decided  the 
mantle  did  not  fall  from  his  shoulders.  Against  every  move  of  the 
opposition  was  Thurston,  tall,  commanding,  attaching  the  unconscious 
respect  and  friendliness  of  all  —  and  to  him  belongs  more  than  to  any 
other  man  the  glory  of  the  glorious  victory  of  true  republicanism."  Mr. 
Thurston  possesses  the  rare  gift  of  ready  public  speaking,  and  it  may 
not  be  too  much  to  say  that  he  is  one  of  the  acknowledged  leading 
orators  in  the  state.  He  has  stumped  the  state  in  every  local  and 
national  campaign  for  several  years,  and  is  recognized  as  the  man  who 
has  organized  victory  for  the  republican  party  in  Nebraska.  During  the 
contest  for  nomination  of  president  in  1880,  Mr.  Thurston  was  one  of 
the  leaders  of  the  Grant  element  in  Nebraska.  Though  defeated  in  his 
efforts  to  carry  the  state  for  Grant,  he  headed  a  large  delegation  of  Ne- 
braska's most  prominent  politicians  who  went  to  Chicago  to  work  for 
the  nomination  of  the  general.  At  the  great  Grant  mass-meeting  in 
Dearborn  Park  on  the  night  before  the  national  convention,  he  was  one 
of  the  speakers.  In  its  report  of  that  meeting  an  Omaha  paper  says: 
"Thurston  followed  Fred  Douglas  and  General  Logan,  and  he  roused 
heartier  cheers  than  either  when  he  said :  The  safety  of  a  republican 
government  is  in  the  intelligence  of  the  people,  and  I  know  the  intelli- 
gence of  this  people  must  make  them  believe  that  the  man,  who  in  the 
hour  of  the  nation's  peril  saved  its  life,  will  never,  never  seek  to  strangle 

its  liberty.'*     There  was  a  thunderburst  of  applause  which  rolled  over 
26 


45()  THE    BENCH    AND    BAR    OF    WISCONSIN. 

the  whole  assemblage,  to  the  very  outskirts,  and  the  following  portions 
of  his  speech  were  greeted  with  cheers  long  continued. 

Though  disappointed  in  his  first  choice  for  president,  Mr.  Thurston 
took  an  active  and  energetic  part  in  the  election  following,  canvassing 
his  own  and  other  states  with  signal  success.  At  the  Nebraska  state 
convention  he  was  nominated  by  acclamation  as  one  of  the  presidential 
electors,  and  was  afterward  selected  as  electoral  messenger  to  carry  the 
vote  to  Washington.  In  1879  the  state  appropriated  the  sum  of  ten 
thousand  dollars  for  the  criminal  prosecution  of  Olive  and  others,  in 
what  was  known  over  the  country  as  the  great  Man  Burner  case, 
which  was  the  most  celebrated  criminal  case  ever  tried  in  the  state,  and 
Mr.  Thurston  was  employed  by  the  governor  to  assist  the  attorney- 
general  in  the  management  of  the  cause  in  behalf  of  the  state.  In  the 
arguments  of  counsel,  he  was  accorded  the  honor  of  making  the  closing 
address  to  the  jury.  At  the  time,  it  was  pronounced  by  the  press  as  one 
of  the  greatest  efforts  of  the  kind  ever  made  in  the  state.  A  leading 
paper  said:  "  Mr.  Thurston  addressed  them  in  that  clear  tone,  concise 
logic  and  faultless  language,  for  which  he  is  growing  so  rapidly  famous 
throughout  the  state."  His  two  and  a  half  hours*  address  closed  with 
the  following  eloquent  peroration,  which  is  here  given  to  show  the 
inimitable  style  of  the  orator :  **  They  say  there  are  mitigating  circum- 
stances that  surround  this  crime  and  make  it  less  than  murder.  Was 
it  a  mitigating  circumstance  that  he  dragged  his  victim  from  his  home 
—  from  the  fond  embraces  of  a  loving  wife,  from  the  sweet  voices  of  his 
little  children,  bound,  chained  and  shackled  ?  Was  it  in  mitigation  thai 
he  bore  him  away  from  the  habitations  of  mankind  into  a  lonely  cafton, 
into  the  silence  of  the  night,  the  solitude  and  darkness.*  Was  it  in  miti- 
gation that  no  loving  hands  were  there  to  sustain  him  in  that  awful  hour 
of  need,  no  loving  voice  to  whisper  words  of  consolation  or  of  hope,  no 
loving  eyes  to  look  once  more  into  his  own  with  deathless  love,  no 
children's  voices  whispering  a  last  goodbye  ?  Was  it  in  mitigation  that 
no  time  was  given  him  to  send  a  message  back  to  those  behind  —  a 
single  word  they  might  remember  in  the  after  years.*  Was  it  in  mitiga- 
tion that  no  single  instant  was  his  own  in  which  to  breathe  a  prayer,  in 
which  to  reconcile  his  soul  to  God,  before  he  passed  from  out  the  shad- 
ows into  his  awful  presence  ?  Had  I  the  painter's  brush  I'd  paint  a 
justice  for  humanity  —  a  justice  for  civilization  —  a  justice  for  a  liberty- 
loving  people  —  a  justice  for  the  nineteenth  century,  the  glorious  age  in 


11^^  C«R^l^a_»  — A^ 


THK    BENCH    AND    BAR    OF    WISCONSIN.  45T 

which  we  live.     Td  paint  that  justice  as  a  living,  breathing,  glowing 

woman,  with  rosy  cheeks  and  gentle  brow,  and  eyes  that  could  look  in 

sorrow  not  in  anger  on  a  sinful  world.     Within  her  bosom  there  should 

be  a  human  heart  that   beat  and    throbbed  and  thrilled  with    human 

sympathy,  human  pity  and  human  love.     Her  ears,  that  listened  to  the 

evidence  should  be  attuned  to  the  sweet  voices  of  her  children  calling 

*  Mother.'     Her  lips,  that  spoke  the  law  and  pronounced  the  judgment 

should  be  fresh  from  singing  them  lullaby  songs;  and  the  hands  and 

arms  that  held  the  scales  and  wielded  the  sword  should    be  used  to 

dandle  little  babies  on  her  knee,  and  holding  them  to  her  mother  breast. 

And  do  you  think  that  this  Mother  Justice  would  be  pitying  to  those 

who  stilled  her  children's  voices  in  the  silence  of  the  grave  .^     Would 

she  have  love  and  sympathy  for  those  who  hushed  the  lullaby  upon  her 

lips,  and  bathed  her  bosom  in  the  blood  of  her  babes  ?     Would  she  be 

merciful  to  those  who  crucified  her  sons  in  chains  ?  —  those  sons  who 

**  Not  bcinj;  Chrisls.  dicH  wiih  eyes  turned  away 
And  no  last  words  to  say." 

I  have  stood  —  you  have  stood  —  we  all  have  stood  by  the  side  of  those 
we  loved,  and  watched  them  go  down  into  the  mystic  shadows  of  the 
vale  of  death.  We  have  wiped  with  loving  hands  from  the  agonized 
brow  the. death-damp  gathered  there,  and  held  the  cooling  cup  to  the 
burning  lips;  and  we  have  held  the  helpless  hands,  and  looking  in  the 
anxious  eyes,  have  whispered  words  of  hope  and  trust  and  faith  ;  and 
then,  when  all  was  over,  we  have  gently  closed  their  eyes,  and  on  their 
bosoms  crossed  their  lifeless  hands  and  left  them  with  their  God.  But 
this  man  died  with  no  loving  hands  upon  his  brow  —  no  loving  wife  to 
hold  the  cup  unto  his  burning  lips  —  no  loving  eyes  to  look  into  his 
own  —  no  loving  voice  to  whisper  words  of  hope.  He  died  in  the  wil- 
derness, without  a  friend.  Facing  his  death  as  heroes  tace  it,  without  a 
word,  without  a  moan  he  died.  And  there,  throughout  the  watches  of 
that  awful  night,  his  burned  and  blackened  body  cried  aloud  tor  ven- 
geance. Oh,  gentlemen,  when  you  are  asked  to  look  upon  the  tears  of 
those  who  love  this  man  —  upon  the  little  children  gathered  at  his  side, 
I  ask  you  to  think  of  those  whose  hearts  have  bled,  in  silence  and  alone 
—  whose  eyes  have  wept  in  bitterness  and  despair  until  the  fountain- 
head  of  tears  is  dry  and  burning.  .And  remember  that  while  you  need 
not  answer  to  the  clamor  of  the  people,  the  prejudice  of  the  press,  or 
the  passions  of  your  own  hearts,  you  must  answer  for  the  justnesj*  of 


458  TIIK    BENCH    AND    BAR    OF    WISCONSIN. 

your  verdict  as  you  will  answer  in  that  last  great  day  to  your  consciences 
and  to  your  (lod." 

When  he  finished,  the  whole  assemblage,  men  and  women,  were  in 
tears.  What  gave  this  trial  great  prominence  was  that  Olive  was  a  very 
wealthy  stock  breeder,  and  he  had  hosts  of  powerful  friends  in  the 
state ;  he  was  convicted  of  murder,  and  sentenced  to  state's  prison  for 
life.  So  strong  was  the  feeling  in  all  the  state  in  the  contest  that  the 
military  was  called  out  to  protect  the  prosecution  at  the  trial.  To  be 
opposed  to  Olive  required  nerve,  and  he  had  powerful  counsel  to  de- 
fend him.  Mr.  Thurston  was  married  in  1872  to  Miss  Mattie  L.  Poland, 
formerly  of  Virocjua  and  Madison,  Wisconsin,  at  which  latter  place  she 
completed  her  education  at  the  State  University.  They  have  had  three 
sons,  of  whom  only  one  survives.  Mr.  Thurston  is  a  member  of  the 
masonic  fraternity,  and  is  33  years  of  age.  A  better  record,  for  so 
young  a  man,  as  has  been  narrated  in  this  sketch,  is  rarely  to  be  found. 

John  C.  Starkwkather,  W^ashington,  was  born  at  Cooperstown, 
Otsego  county.  New  York,  May  11,  1830,  and  his  parents  were  George 
A.  and  Elizabeth  O.  Starkweather.  His  education  was  in  the  military 
school  of  Major  Duff,  Cooperstown ;  at  Oilbertsville  Academy,  and  at 
Union  College,  Schenectady.  He  studied  law  with  his  father  at  Coop- 
erstown and  with  Finch  &  Lynde,  Milwaukee,  Wisconsin;  was  admitted 
to  the  circuit  court  at  Milwaukee,  February  11,  185 1,  and  commenced 
practice  in  that  city  alone ;  afterward  was  in  partnership  with  William 
H.  Wright,  and  subseijuently  with  his  father  under  the  firm  of  G.  A.  & 
J.  C.  Starkweather,  and  he  has  been  in  practice  alone  in  Washington, 
District  of  (Columbia,  since  1876. 

Distinguished  in  public  and  in  his  professional  life,  General  Stark- 
weather commenced  serving  the  community  as  foreman  of  Supply  Hose 
(Company,  Milwaukee;  he  next  extered  upon  a  military  career  in  the 
state  militia,  and  was  captain  of  the  Milwaukee  Light  Guard  from  April 
10,  1S57,  to  April  17,  1S61,  at  which  latter  date  he  was  commissioned 
colonel  of  the  First  Wisconsin  Regiment  of  volunteers,  raised  for  three 
months*  service  on  the  first  call  for  troops  in  the  late  war  of  the  rebellion. 
Having  served  out  the  term  of  enlistment  the  regiment  reorganized  for 
three  vears'  service,  and  Colonel  Starkweather  was  recommissioned 
colonel  of  it,  August  21,  1861,  and  participated  in  twenty-seven  battles 
and  skirmishes ;  was  wounded  in  his  left  leg  in  the  battle  of  Chicka- 


.-I-  _•-  -■;. 


THE    BKNCH    AND    BAR    OF    WISCONSIN.  450 

mauga,  September  20,  1863,  at  the  same  time  had  an  attack  of  hemor- 
rhage of  the  lungs,  yet  remained  on  duty,  notwithstanding,  throughout 
that  and  the  next  day.  It  is  notable  that  no  part  of  his  command  ever 
met  with  any  disaster  while  on  detached  or  other  duty.  His  name  was 
placed  on  the  army  roll  of  honor  for  good  conduct  and  bravery.  He 
afterward  was  member  of  the  court-martial  that  tried  General  W.  A. 
Hammond,  surgeon-general  United  States  army.  On  July  17,  1863, 
Colonel  Starkweather  was  appointed  brigadier-general  of  volunteers,  and 
resigned  May  11,  1865,  when  the  war  was  virtually  ended.  After  re- 
turning home  from  the  war  he  made  his  residence  at  Oconomowoc,  Wis- 
consin, upon  his  farm,  and  was  appointed  postmaster,  which  office  he 
held  during  his  residence  at  that  place.  He  was  president  of  the  Wau- 
•  kesha  County  Agricultural  Society  when  residing  in  that  county.  It 
would  be  pleasing  to  speak  at  length  of  the  military  career  of  General 
Starkweather,  but  it  is  not  within  the  scope  of  this  work  to  go  into 
details  of  the  war  record  of  those  represented  in  it.  It  may  be,  how- 
ever, sufficient  to  say  that  the  general  was  the  first  to  respond  in  Wis- 
consin to  his  country's  call  in  the  hour  of  approaching  danger,  and  led 
the  first  troops  Wisconsin  sent  to  the  defense  of  the  government  in  its 
day  of  peril,  and  he  was  constantly  in  active  service  until  the  close  of  the 
eventful  struggle  that  followed.  His  duties  were  constantly  at  the  front, 
and  the  manner  in  which  they  were  performed  was  conspicuous  and 
meritorious.  That  he  has  been  prosperous  as  a  lawyer  may  be  interred 
from  the  fact  that,  when  a  youthful  practitioner,  he  obtained  a  flattering 
share  of  law  business  alongside  of  the  able  members  of  the  Milwaukee 
bar,  and  has  met  with  success  in  his  profession  in  five  years*  practice  in 
the  city  of  Washington,  where  acknowledged  ability  alone  is  presumed 
to  find  recognition  and  demand  in  the  legal  profession. 

John  A.  Bkntley,  Denver,  Colorado,  is  a  native  of  the  State  of 
New  York,  having  been  born  in  the  town  of  Kingsbury,  Washington 
county,  January  27,  1836.  His  parents  were  Cornelius  and  Mary 
Brayton  Benlley.  They  were  in  independent  circumstances,  highly 
respected  in  the  community  in  which  they  lived,  and  look  special  care 
to  bring  up  their  children  to  habits  of  industry  and  morality.  John  A. 
passed  his  early  days  on  his  father's  farm  and  attending  the  public 
schools  and  an  academy  in  the  neighborhood  of  his  native  place.  Hav- 
ing completed  his  education  he  commenced  the  study  of  the  law  with 


40O  THE    HKNCH    AND    BAR    OF    WISCONSIN. 

the  late  Judiie  E.  H.  Rosenkrans  of  the  supreme  court  of  New  York  and 
Orange  Ferris,  both  of  (jlens  Falls,  Warren  county,  New  York,  con- 
tinued it  later  with  U.  (>.  Paris,  of  Sandy  Hill,  Washington  county,  New 
York,  and  graduated  at  the  Albany  Law  School  in  1857,  which  admitted 
him  to  practice  in  the  courts  of  the  State  of  New  York.  During  the 
prosecution  of  his  law  studies  Mr.  Hentley  devoted  a  portion  of  his  time 
in  the  commendable  and  culturing  employment  of  teaching  school  to 
enable  him  to  defray  his  expenses. 

Immediately  upon  his  admission  to  the  bar  he  established  himself  in 
his  profession  at  Glens  Falls,  where  he  remained  until  March,  1859, 
when  he  came  to  Wisconsin,  settling  at  first  in  Manitowoc;  he  practiced 
there  one  year,  when  he  transferred  his  business  to  Sheboygan,  where 
has  been  his  place  of  residence  to  the  present  time.  His  practice  has 
been  alone  excepting  for  three  brief  periods  of  partnership  with  the  late 
1  udge  W.  R.  (}orsline,  CJ.  W.  Werden  and  W.  H.  Seaman,  all  at  Sheboygan. 

In  1864  Mr.  Hentley  was  elected  to  the  state  senate, and  served  with 
acceptance.  Subsetjuently  he  was  president  of  the  Sheboygan  and  Fond 
du  l.ar  railroad,  in  which  capacity  he  was  active  manager  two  years. 
In  1876  he  was  tendered  the  position  of  United  States  commissioner  of 
pensions,  which  he  arrepted  and  at  once  entered  upon  the  duties  of  the 
office.  He  found  a  vast  deal  of  unfinished  and  complicated  work  on 
his  hands,  and  gave  his  entire  time,  night  and  day,  to  putting  the  affairs 
of  the  office  in  order,  completing  which  he  addressed  himself  to  needed 
reforms  in  the  outside  workings  of  the  bureau.  In  doing  this  he  met 
with  violent  o|)|)osition  from  professional  pension  agents,  inasmuch  as  he 
brought  about  the  system  of  pensioners  dealing  directly  with  the  depart- 
ments. His  recommendation  was  likewise  adopted  of  concentrating  the 
government  pension  agencies.  It  may  not  be  saying  too  much  to  add 
that  the  state  is  reasonably  i)roiid  of  the  imj^artial,  independent  and  suc- 
cessful manner  in  which  Conmiissioner  Bentley  has  performed  the  re- 
sponsible duties  of  the  high  office  he  so  occupied.  And  all  this  for  less 
remuneration  than  his  regular  law  business  would  naturally  afford  him. 
Mr.  Uenlley  is  .till  young,  in  the  best  of  health,  and  has  years  of  con- 
tinued usefulness  before  him. 

Sine  e  this  sketch  was  ])repared  Mr.  Bentley,  having  served  out  his 
term  of  <  ommissioner  of  pensions,  relinquished  the  office  and  has  settled 
down  in  the  prarti(  e  of  law  in  Denver,  Colorado. 


THE    BENCH    AND    BAR   OF    WISCONSIN.  461 

Enoch  Totten,  Washington,  D.  C,  was  bom  in  Chester,  Wayne 
county,  Ohio,  March  23,  1836.  Commencing  his  education  in  the  com- 
mon schools  of  that  period,  it  was  continued  in  academies  and  completed 
at  Franklin  College,  New  Athens,  Ohio.  For  a  start  out  in  the  world 
he  came  to  Waukesha,  Wisconsin,  in  1855,  where  he  commenced  the 
study  of  law  in  1856,  and  subsequently  went  to  Milwaukee  and  continued 
it  in  the  office  of  Levi  Hubbell.  In  1858  he  was  admitted  to  the  bar 
for  Milwaukee  circuit  court,  and  to  that  of  the  supreme  court  at  Madi- 
son in  1 86 1.  His  practice  was  commenced  in  Milwaukee  in  i860,  in 
partnership  with  Captain  Irving  M.  Bean,  the  present  collector  of  inter- 
nal revenue  for  the  first  district  of  Wisconsin.  At  the  breaking  out  of 
the  war  of  the  rebellion  both  entered  the  military  service  as  officers  in 
the  Fifth  Wisconsin  infantry.  On  the  close  of  his  term  of  service  Major 
Totten  was  mustered  out,  August  2,  1864,  as  major  of  his  regiment.  As 
a  soldier  he  has  specially  distinguished  himself  for  gallantry  in  the  field, 
having  participated  in  twenty-eight  battles  of  the  army  of  the  Potomac. 
In  May,  1864,  he  was  in  command  of  his  regiment  in  the  battles  of  the 
Wilderness;  was  several  times  wounded;  had  a  horse  shot  under  him 
on  May  5,  1864,  and  on  May  10  received  a  most  painful  wound,  crip- 
pling his  right  hand.  His  regiment  was  one  of  twelve  which,  under  Ciene- 
ral  Emory  Upton,  formed  the  assaulting  column  that  captured  the  ene- 
my's works  at  Spottsylvania  Court  House.  In  the  fall  of  1864  he 
returned  to  his  home  in  Milwaukee,  and  shortly  afterward  received 
the  nomination  of  the  republican  party  for  the  office  of  district 
attorney.  He  was  popular  and  much  admired,  and  made  a  **  splendid 
run,'*  but  was  not  elected,  owing  to  the  great  preponderance  of  demo- 
cratic voters  at  that  time  in  Milwaukee.  Soon  after  Major  Totten 
removed  to  the  city  of  Washington,  and  commenced  the  practice 
of  his  profession,  where  he  has  continued  it  to  the  present  time,  with 
increasing  success  and  distinction.  In  1866  he  married  Miss  Mary  H. 
Howe,  the  accomplished  daughter  of  the  present  ^)ostmaster-general 
T.  O.  Howe.  In  1868  he  was  retained  by  E.  M.  Stanton,  then  secre- 
tary of  war,  in  the  celebrated  McCardle  case,  and  the  brief  filed  by  him 
was  regarded  as  a  very  superior  one,  and  stamped  him  as  a  lawyer  of 
marked  ability.  He  also  argued  the  celebrated  case  of  Kilbourn  against 
Thompson,  in  the  supreme  court  of  the  United  Stales,  in  which  the 
practice  of  imprisoning  witnesses  for  contempt  when  refusing  to  answer 
questions  put  by  investigating  committees  of  either  house  of  congress 


462  THE    BEN'CH    AND   BAR    OF   WISCONSIN. 

was  declared  unconstitutional  and  overturned.  At  the  present  time  he 
is  attorney  for  the  Pennsylvania  Railway  Company  and  other  large  cor- 
porations. The  causes  that  he  engages  in  are  always  prepared  with 
extreme  care,  and  he  is  a  stern  and  bold  fighter  in  the  courts.  Outside 
of  them  Colonel  Totten  is  a  warm-hearted,  companionable  gentleman, 
whose  personal  traits  are  extremely  attractive ;  is  generous  to  a  fault, 
and  has  hosts  of  admiring  friends,  who  predict  for  him  a  distinguished 
futiTre. 

Charles  W.  Roby,  Portland,  Oregon,  was  born  at  Stoughton,  Wis- 
consin, April  20,  1850,  and  was  educated  at  Stoughton  and  at  the  Wis- 
consin State  University.  Completing  the  course  in  the  law  department 
of  the  university  in  1872,  he  received  the  degree  of  LL.B.,  and  was 
admitted  to  the  bar.  After  practicing  about  a  year  in  Madison  he 
removed  to  Winnebago  county,  where,  in  1874,  he  was  made  county 
superintendent  of  schools.  The  next  year  he  removed  to  La  Crosse 
and  engaged  in  teaching  for  two  years  or  more.  In  1877  he  com- 
menced the  practice  of  law  at  La  Crosse,  and  also  held  the  office  of 
city  superintendent  of  schools  during  the  years  of  1877,  '^7^  ^^^ 
1879,  but  in  1880  he  again  devoted  himself  exclusively  to  the  law. 
At  the  age  of  nine  years  Mr.  Roby  was  thrown  entirely  upon  his  own 
resources  for  a  living.  He  began  teaching  school  at  the  age  of  sixteen 
years,  by  which  means  he  not  only  succeeded  in  securing  a  liberal 
education,  but  has  aided  in  the  support  of  his  mother.  The  dean  of 
the  law  faculty,  now  a  distinguished  judge,  observes:  "Mr.  Roby  is 
a  young  man  of  fine  attainments,  good  abilities  and  unblemished 
character."  In  1880  Mr.  Roby  went  to  Portland,  Oregon,  where  he 
has  taken  up  his  residence. 

Champion  S.  Chase,  Omaha,  Nebraska,  was  born  in  Cornish,  New 
Hampshire.  In  early  life  he  worked  on  a  farm,  but  subsequently  re- 
ceived a  liberal  education  at  the  Kimball  Union  Institution  at  Meriden, 
New  Hampshire,  and  commenced  life  for  himself  as  teacher  of  the 
academy  at  Amsterdam,  New  York.  He  studied  law  at  Buffalo  with 
Barker  &:  Sill,  and  was  admitted  to  the  bar  at  Canandaigua,  in  the 
same  state,  in  1847.  Like  many  other  young  men,  he  went  west,  and 
commenced  the  practice  of  law  at  Racine,  Wisconsin,  about  the  first 
of  May  1848.     On  motion  of  Daniel  Webster  he  was  admitted  to  the 


464  THE    BENCH    AND    BAR   OF    WISCONSIN. 


REMINISCENCES    OF   GREAT   ADVOCATES   OF   THE 

WISCONSIN  BAR. 

While  it  may  be  truly  claimed  that  the  bar  of  this  state  comprises 
many  members  of  acknowledged  learning  and  ability,  as  well  as  many 
who  are  distinguished  more  especially  as  powerful  and  successful  advo- 
cates, it  may  not  be  invidious  to  mention  some  of  those  who  have 
stood  preeminent  in  the  profession,  particularly  where  they  have  acquired 
a  national  reputation.  Few  lawyers  have  ran  a  judicial  career  in  this 
country,  if,  indeed,  in  any  other,  whose  efforts  in  the  courts  have  ranked 
with  those  of  Edward  G.  Ryan,  Matthew  H.  Carpenter,  Jonathan  E. 
Arnold,  Abram  D.  Smith,  and  George  B.  Smith.  There  are  others  of 
eminence  who  are  worthy  of  mention,  did  space  permit.  But  all  of 
those  named  have  ended  their  race,  and  it  may  therefore  be  safe  to  sum 
up  their  traits  of  character,  and  allude  to  their  professional  and  public 
achievements,  without  seeming  to  be  unjust  or  partial. 

Much  of  Mr.  Ryan's  power  as  an  advocate  was  due  to  the  heat  and 
glow  of  passion  into  which  he  uniformly  precipitated  himself  when 
addressing  a  court  or  a  jury  in  a  case  which  had  deeply  interested  his 
feelings.  He  was  always  a  forcible  and  interesting  speaker;  but  his  flow 
of  language  was  never  so  clear,  his  perceptions  were  never  so  acute,  his 
imagination  was  never  so  vivid,  as  when  his  passions  were  excited  by 
his  interest  in  the  case  on  trial,  or  the  subject  of  his  argument.  Some 
of  his  political  addresses  were  characterized  by  the  highest  eloquence 
and  the  most  forcible  rhetoric,  because  he  was  an  impassioned  politi- 
cian, and  he  always  spoke,  when  he  made  political  speeches,  in  a  blaze 
of  enthusiasm  or  of  indignation.  In  many  of  the  lawsuits  in  which  his 
great  arguments  occurred,  his  earnestness,  his  zeal  and  power,  were 
stimulated  by  his  personal  feelings.  This  was  notably  the  case  as  to 
the  part  taken  by  him  in  the  Hubbell  impeachment,  in  the  Booth-Cook 
prosecution,  and  in  the  Noonan-Wilson  libel  suit.  But  he  always 
became  deeply  interested  in  cases  which  he  tried ;  and  his  force,  acute- 
ness  and  elo(|uence  as  an  advocate  were  superior  to  those  of  any  other 
member  of  the  Wisconsin  bar. 

An  analysis  of  the  style  of  Matt.  H.  Carpenter  as  an  advocate  is 
hardly  necessary  to  those  who  have  heard  him  so  recently  in  his  splen- 
did political   addresses,  for  he  always  argued  his  cases  in  politics 


THE    BENCH    AND    BAR    OF    WISCONSIN.  405 

closely  and  as  logically  as  he  did  his  cases  at  law.  One  of  the  most 
marked  effects  which  he  ever  produced  in  a  court  of  justice  was  at  the 
trial  of  Capt.  Charles  A.  Perry,  at  Janesville,  in  1866,  for  shooting  one 
Jack  Shay  at  Elkhorn,  just  at  the  close  of  the  war.  Shay  had  been  a 
member  of  Capt.  Perry's  company,  in  the  Third  regiment  of  Wisconsin 
cavalry  volunteers,  and  the  testimony  on  the  trial  showed  him  to  have 
been  an  insubordinate,  brawling  and  reckless  member  of  the  company, 
abandoned  in  his  habits,  and  a  dangerous  character,  and  that  he  had 
continuously  during  a  large  portion  of  his  term  of  service  threatened  to 
shoot  Capt.  Perry  when  his  time  should  be  out.  He  had  been  dis- 
charged from  the  service,  and  had  gone  to  Elkhorn,  the  home  of  Capt. 
Perry,  having  no  ostensible  business  or  errand  there,  but  saying  to 
different  parties  while  on  the  way  that  he  "was  going  to  Elkhorn  to 
shoot  Capt.  Perry."  Witnesses  testified  that  Capt.  Perry  had  heard  that 
Shay  had  arrived  in  town,  and  taking  a  station  on  the  street  where  Shay 
was  likely  to  pass.  Perry  shot  him  as  he  appeared,  claiming  that  the 
killing  was  necessarily  done  in  self-defense.  Mr.  Carpenter  arose  after 
the  trial  had  lasted  several  days  to  argue  the  case  for  the  defense  to  the 
jury.  He  began  the  argument  as  no  advocate  ever  before  began  one. 
Said  he:  (ientlemen  of  the  jury,  whatever  may  be  the  result  of  this 
trial  to  my  client,  the  defendant  here,  —  whatever  may  be  your  verdict 
as  to  him,  I  congratulate  you  and  all  the  peaceable  citizens  of  this  state 
that  Jack  Shay  is  dead !  He  stamped  his  foot,  and  threw  all  the  earnest- 
ness and  dramatic  power  of  which  he  was  capable  into  this  exclamation, 
and  then  made  a  deliberate  pause.  It  had  almost  taken  away  the  breath 
of  the  members  of  the  jury,  and  electrified  the  audience.  As  the  full 
force  of  his  words  was  comprehended  by  his  auditors,  he  proceeded  to 
describe  the  character  of  Shay  again  as  it  had  appeared  in  the  testi- 
mony, and  when  he  had  concluded  but  few  differed  from  the  opinion 
which  he  had  expressed.  He  succeeded  in  procuring  a  disagreement  of 
the  jury,  and  the  ultimate  discharge  of  Capt.  Perry  on  his  own  recogni- 
zance, the  case  standing  in  that  condition  to  this  day.  But  Mr.  Car- 
penter's oratory  was  not  usually  of  this  dramatic  description.  He  was 
essentially  a  pleasing  speaker.  His  voice  was  music.  It  was  intoned 
and  modulated  with  excjuisite  adaptedness  to  the  occasion,  the  language 
and  the  sentiment,  and  he  rarely  shocked  good  taste,  or  ruffled  the 
enjoyment  of  his  auditors.  His  first  appearance  in  the  supreme  court 
at  Washington  was  an  era  at  that  bar.     Imagination  and  fancy,  anima- 


400  THK    RKM'H    AND    BAR    OF    WISCONSIN. 

tion  and  eloquence,  had  long  been  banished  from  that  forum ;  but  he 
made  them  again  familiar,  and  the  old  judges  hung  delighted  upon  the 
tones  of  his  silvery  voice  and  the  honied  accent  with  which  he  enun- 
ciated the  dry  propositions  of  the  law.  For  some  years  afterward  an 
announcement  that  "  Mr.  Carpenter,  of  Wisconsin,  is  arguing  a  case," 
was  sufficient  to  empty  the  offices  in  the  capital  of  their  clerks  and 
attendants,  and  if  congress  was  in  session  at  the  time,  senators  and 
members  rushed  to  the  supreme  court  room  to  hear  the  new  orator  from 
the  West. 

It  has  been  said  of  both  Mr.  Ryan  and  Mr.  Carpenter  that  they 
lacked  aptness  in  appreciating  the  simplest  and  strongest  points  of  their 
cases.  They  both  appeared  to  disdain  the  easy  and  elementary  propo- 
sitions upon  which  often  the  best  side  of  their  cases  rested,  and  they 
sought  profounder  depths  of  principle  and  recondite  features  of  the 
suit  for  the  basis  of  argument  ar.d  demonstration.  For  this  reason  it 
has  been  charged  that  they  lost  cases  which  they  might  have  won, 
because  they  abandoned  common,  tenable  grounds  which  anybody  could 
see,  and  labored  to  build  up  artificial  defenses.  They  spied  out  minor 
corners  of  advantage,  and  odd  incidents  of  the  case,  upon  which  they 
built  and  piled  up  elaborate  structures  of  logic  or  of  sophistry,  splendid, 
massive  and  beautiful,  but  not  sufficient  in  law  for  the  purposes  of  their 
creation.  It  is  also  said  that  in  some  such  cases  which  these  distin- 
guished men  tried,  and  in  which  they  were  successful,  the  court  gave 
them  judgment,  not  on  the  elaborate,  factitious  grounds  and  fanciful 
premises  where  their  arguments  were  laid,  but  on  a  few  primary  princi- 
ples lying  in  each  instance  at  the  very  threshold  of  the  case,  but  never 
presented  by  the  counsel.  This  trait  of  their  professional  character  was 
based  on  pride  of  intellect,  on  a  vanity  in  their  powers  of  comprehen- 
sion and  tliought,  —  the  arms  with  which  they  entered  upon  the  battles, 
the  assaults  and  the  defenses  of  professional  warfare.  They  disdained 
a  victory  gained  with  all  the  advantage  of  strength,  position  and  equip- 
ment. Those  triumphs  were  alone  valuable  in  their  eyes  which  were 
the  result  of  argument,  of  logic,  of  eloijuence ;  of  their  mental  armament, 
their  skill  and  valor.  This  rendered  them  unsafe  as  counsellors,  and 
impaired  their  usefulness  to  the  numbers  who  thronged  to  their  sides 
for  professional  aid. 

They  both  also  had  weaknesses  of  which  the  greatest  lawyers  arc 
free.       Mr.    Ryan's   tempestuous   sensibilities  and   impulsive   passions 


THE    BENCH    AND    BAR    OF    WISCONSIN.  46? 

often  led  him  into  needless  wrangles  with  the  courts,  with  his  clients 
and  with  other  counsel,  rupturing  his  professional  relations,  and  re- 
sulting in  his  abandonment  of  cases  when  they  were  half  tried,  and 
for  a  long  period  of  years  he  became  an  entire  alien  from  some  courts 
of  the  state.  Mr.  Carpenter,  while  capable  of  intense  application, 
while  his  labors  in  some  cases  were  immense  and  arduous,  suffered 
from  a  lamentable  mental  infirmity ;  he  often  became  ineffably  weary 
of  his  cases,  his  clients,  his  round  of  professional  duty,  his  channels  of 
thought  and  study ;  it  all  became  to  him  monotonous,  irksome  and 
intolerable;  he  sought  novelty  and  recreation,  new  cases,  new  faces, 
new  intellectual  occupation  ;  and  when  he  returned  to  some  old  case 
to  bring  it  to  trial,  his  distaste  for  it  had  grown  into  carelessness  and 
weariness,  which  required  an- effort  to  overcome. 

Mr.  Carpenter's  war  speeches,  from  the  earliest  opening  of  hostilities 
to  the  close  of  the  rebellion,  were  all  splendid  and  eloquent;  they  were 
ablaze  with  the  fires  of  patriotism,  thrilling  in  their  appeals,  and  were 
animated  by  a  zeal  and  earnestness  such  as  he  seldom  displayed  in  his 
legal  arguments  or  his  other  political  addresses.  He  had  been  a  demo- 
crat, and  he  was  the  leader  and  gave  the  impulse  to  the  movement  of  war 
democrats  in  the  state.  Mr.  Ryan  and  Mr.  Carpenter  were  law  part- 
ners for  a  few  months  in  the  year  1857,  but  they  soon  disagreed, 
quarreled  and  separated,  and  they  had  no  friendly  feeling  for  each 
other  afterward.  Mr.  Ryan's  opinions  in  relation  to  war  questions 
were  very  conservative,  and  he  condemned  many  of  the  war  measures 
and  plans  for  prosecuting  the  war.  Ill-natured  observers  suggested 
that  Mr.  Carpenter's  Union  zeal  and  his  brilliant  advocacy  of  war 
measures  were  stimulated  quite  as  much  by  his  dislike  of  Mr.  Ryan  and 
his  determination  to  be  on  the  side  opposite  to  his  rival,  as  by  pat- 
riotism and  public  spirit ;  but  this  was  never  asserted  by  those  who  were 
capable  of  appreciating  the  man,  or  by  those  who  had  any  sympathy 
with  the  patriotic  sentiments  he  avowed. 

Jonathan  E.  Arnold  was  a  much  less  forcible  orator  in  both  sub- 
stance and  manner  than  either  Mr.  Carpenter  or  Mr.  Ryan.  His  style 
was  carefully  elaborated.  His  most  eloquent  passages  were  industriously 
prepared,  were  polished  to  the  last  degree  of  luster,  and  were  committed 
literally  to  memory ;  but  his  art  and  animation  in  their  delivery  were 
such  that  they  had  all  the  appearance  of  inspiration,  and  of  having  been 
suggested  by  the  previous  train  of  thought,  from  excitement  of  the  mind 


4r»h  THt    IJKNCH    AM)    IJAR    OK    WISCONSIN. 

and  the  passions,  and  from  the  impulses  of  the  time  and  the  occasion 
His  arguments  were  of  great  strength,  because  they  were  so  clear,  so 
closely  welded,  and  so  free  from  flaws,  from  seams  and  imperfections. 
As  a  logician  he  was  superior  to  either  Mr.  Ryan  or  Mr.  Carpenter. 
Pride  of  intellect  did  not  lead  him,  as  it  did  them,  to  despise  the  first 
principles  of  law  and  the  first  testimony  as  to  facts,  when  he  entered 
upon  a  case,  for  the  sake  of  abstruse  and  sublimated  principles  u]>on 
which  it  might  be  argued  and  determined.  He  never  neglected  or  threw 
away  an  obvious  advantage,  and  he  was  as  well  satisfied  to  win  a  case 
on  an  easy  and  obvious  point  as  he  was  to  reach  it  after  toilsome  mental 
endeavor,  in  high-flown  regions  of  spec  ulation  and  argument. 

Mr.  Arnold  had  a  thin  and  husky  voice,  as  if  his  vocal  organs  had 
been  impaired  by  over-exhaustion,  dissipation  or  disease  ;  but  it  was 
quite  powerful,  and  could  be  heard  far  away  in  vast  crowds.  He  modu- 
lated it  with  great  skill.  It  had  a  certain  power  and  penetration,  and  it 
had  a  magnetic  effect  on  large  and  sympathetic  audiences.  His  gesticu- 
lation  was  animated  and  graceful,  and  he  possessed  forensic  dignity, 
with  ex(|uisite  tact  in  discovering  the  approachable  sides  of  juries, 
crowds,  witnesses,  and  his  companions  in  social  intercourse. 

He  had  no  vein  of  humor  in  his  mind,  which  was  crystalline  in  its 
lucidity  and  like  steel  in  its  fibre  and  texture.  He  had  an  ex(juisite 
sensitiveness  and  dread  of  absurdity  which  was  almost  a  disease  in  its 
manifestation.  He  could  not  endure  rough  edges  in  argument,  or  mal- 
construction  of  ideas  and  language.  This  trait  of  mental  character 
rendered  his  logic  more  perfect.  He  was  the  first  to  detect  an  awk- 
wardness or  contradiction  which  it  might  contain  ;  or,  rather,  it  led  him 
to  construct  his  argument  without  awkwardness,  weak  spots  or  inconsis- 
tency in  detail  and  arrangement.  He  was  slight  in  figure,  and  he 
lacked  mental  as  he  was  without  physical  robustitude;  but  he  was  lithe 
and  sinewy  in  his  body  and  in  his  intellect.  He  was  adroit  and  skillful 
in  the  use  of  every  mental  and  moral  power  which  he  possessed.  He 
was  a  charming  gentleman  in  his  every-day  demeanor,  in  his  social 
intercourse,  at  the  festive  board,  and  in  professional  life,  and  he  was 
quick  to  lake  offense  where  the  ])ersonal  or  professional  amenities  were 
violated.  <  >ne  of  the  most  remarkable  scenes  which  ever  occurred  in  a 
court-room  in  this  state  was  produced  by  this  cause.  In  one  of  the 
innumerable  lawsuits  in  which  the  late  John  Roesbeck  was  concerned, 
|.  H.  rainc  was  his  counsel  and   Mr.  .Arnold  was  employed  to  assist  in 


THE    BENCH    AND    BAR    OF    WISCONSIN.  4*>9 

the  trial  of  the  case,  the  other  side  being  represented  by  A.  D.  Smith. 
It  appeared  that  Roesbeck's  case  was  without  merits,  and  at  the  stage  of 
the  trial  where  this  fact  became  evident,  Mr.  Smith,  probably  half  or 
more  than  half  in  badinage,  assumed  a  high  moral  tone,  and  delivered 
to  Mr.  Paine  and  Mr.  Arnold  a  pompous  and  unctuous  homily  on  the 
immorality  of  advising  a  client  who  had  no  case  to  go  into  court,  putting 
him  to  expense  and  loss,  and  making  him  ridiculous,  for  the  sake  of  the 
professional  profits  and  fees  which  they  were  to  receive.  Mr.  Arnold 
did  not  at  all  enter  into  the  humorous  phase  of  the  address,  but  reserved 
his  reply  till  he  had  finished  the  argument  which  followed  that  of  Mr. 
Smith.  He  then  turned,  and  looking  Mr.  Smith  full  in  the  face,  referred 
to  the  lesson  which  had  been  delivered.  **  But,"  said  he,  "  I  have 
arrived  at  that  period  of  life  and  at  that  rank  in  my  profession  when  I 
am  not  to  be  taught  lessons  in  law  by  a  jack  at  all  trades,  nor  moral 
honesty  by  a  religious  hypocrite,  nor  pecuniary  integrity  by  a  branded 
and  recorded  bankrupt."  This  savage  invective  had  but  a  few  grains 
of  truth  for  its  foundation.  Mr.  Smith  had  studied  both  medicine  and 
theology  before  adopting  the  law  as  a  profession,  and  this  was  what  was 
meant  by  the  allusion  to  the  variety  of  his  pursuits.  He  was  an  active 
church  member,  but  was  not  conspicuous  for  unworldliness  or  superior 
sanctity  in  professional  and  week-day  affairs,  and  he  had  been  compelled, 
in  consequence  of  some  unfortunate  business  enterprises,  to  take  the 
benefit  of  an  insolvent  act.  Upon  these  slender  circumstances  Mr. 
Arnold  had  hung  the  well-rounded  and  studied  phrases  in  his  strain  of 
splendid  and  elo(]uent  vituperation. 

Mr.  Arnold  possessed  extraordinary  skill  in  the  cross-examination  of 
witnesses.  His  mental  adroitness  in  an  encounter  with  an  intelligent 
and  cautious  witness  was  one  of  the  wonders  of  the  bar,  and  it  has 
probably  never  been  equaled  by  any  of  his  professional  associates  or 
successors.  He  seemed  to  know  all  the  devious  ways  of  human  thought, 
and  he  searched  and  sounded  them  with  unerring  sagacity.  Stupid  and 
untrained  witnesses  were  but  the  playthings  of  his  skill.  In  a  difficult 
case,  eliciting  all  the  testimony  that  would  help  his  client,  and  none 
that  would  be  damaging,  he  was  a  master.  He  trod  as  carefully,  as 
delicately  and  as  safely  among  the  snares  and  pitfalls  of  hostile,  equivo- 
cal or  experimental  testimony,  as  less  gifted  lawyers  would  upon  the 
solid  ground  of  known  and  admitted  truth.  In  his  political  addresses 
Mr.  Arnold  was  the  most  effective   speaker  of  his  time  in  the   state. 


47(*  THK    BENCH    AND    BAR    OF    WISCONSIN. 

He  showed  his  greatness  as  an  orator,  and  his  depth  of  feeling,  and  a 
pathetic  disappointment  of  heart  to  the  greatest  extent  during  those 
years  when  the  whig  party,  of  which  he  was  a  devoted  member,  was 
passing  through  the  scenes  of  its  dissolution.  As  long  ago  as  1850,  there 
was  a  great  disposition  on  the  part  of  the  anti-slavery  whigs  of  Wiscon- 
sin, which  comprised  nearly  the  whole  number,  to  amalgamate  with  the 
free-soil  party,  and  to  blend  their  forces  in  support  of  the  same  can- 
didate. In  that  year  a  whig  meeting  was  called  at  the  old  court  house 
in  Milwaukee  to  determine  whether  they  would  coalesce  with  the  free- 
soilers  in  the  support  of  a  candidate  for  congress.  Rufus  King  and 
other  politic  whigs  made  specious  and  plausible  arguments  in  favor  of 
that  course.  Mr.  Arnold  resisted  it  with  all  his  power  and  eloquence. 
He  said  tha^t  he  would  not  assimilate  with  the  new  party;  he  would  not 
consent  to  the  proposed  coalition.  He  paid  a  most  eloquent  tribute  to 
the  whig  party,  and  to  whig  principles,  and  declared  that  he  would  sur- 
render neither  the  one  nor  the  other;  that  he  preferred  defeat  and  party 
destruction  to  such  a  course.  He  said  that  if  the  ship  must  go  down 
he  preferred  that  it  should  go  down  with  all  its  colors  flying,  and  quoted 
with  thrilling  and  impressive  effect,  Doctor  Holmes'  lines  to  the  Iron- 
sides : 

N'ail  lo  the  mast  her  holy  lla>^, 

And  spread  each  threadbare  sail ; 
Then  jjjive  her  to  the  (lod  of  Storms, 

The  iJKhtnin^  and  the  xalc. 

• 

In  1852  Mr.  Arnold  was  a  delegate  from  Wisconsin  to  the  whig 
national  convention  at  Baltimore,  the  last  national  convention  of  that 
party.  He  advocated  the  nomination  of  Daniel  Webster  for  president, 
but  was  unsuccessful,  Oeneral  Winfield  Scott  receiving  the  votes  of  a 
majority  of  the  Wisconsin  delegation,  and  of  the  convention,  but  this 
result  was  not  reached  till  after  fiftv-three  ballots  had  been  taken.     Mr. 

* 

Arnold  was  extremely  disappointed  at  the  defeat  of  Webster,  and  he  re- 
fused to  say  that  he  was  satisfied  with  (xeneral  Scott  as  a  candidate. 
But  the  whigs  at  Milwaukee  hoped  that  he  would  acquire  a  better  state 
of  feeling,  and  they  called  a  meeting  at  the  old  city  hall,  now  the  mu- 
nicipal court  room,  to  ratify  the  nomination.  Mr.  Arnold  was  one  of 
the  speakers,  as  he  always  was  at  whig  meetings,  and  he  gave  what  he 
termed  "  an  account  of  his  stewardship,*'  as  a  delegate  representing 
Wisconsin  at  the  whig  convention.  He  recited  the  history  of  the  part 
he  had  taken  as  one  of  the  Wisconsin  delegation,  a  portion  of  whom, 


THE    BKNCH    AND    BAR    OF    WlSC^ONSIN.  4^1 

with  him,  had  supported  Webster.  He  then  paid  to  Henry  ('lay,  who 
liail  died  but  a  short  time  before,  a  magnificent  tribute,  full  of  pathos 
and  eloijuence.  He  eulogized  Clay  as  a  statesman,  an  orator  and  a 
{patriot,  and  S])oke  in  most  feeling  and  affecting  terms  of  the  loss  which 
the  whig  party  and  the  country  had  suffered  in  his  death.  He  then 
euloj;ized  Webster,  and  his  language  was  still  more  elevated  and  splen- 
did in  describing  all  which  Webster  would  have  been  as  president,  the 
consummate  product  of  American  statesmanship  at  the  head  of  the 
American  government.  Mr.  Arnold  had  never  so  stirred  a  Milwaukee 
audience.  The  crowds  who  thronged  the  hall  were  thrilled  by  the 
magnetism  of  his  speech  and  by  the  overwhelming  pathos  of  the  occa- 
sion, as  it  had  been  wrought  to  a  grand  climax  by  the  accomplished 
speaker  —  the  death  of  one  of  the  most  illustrious  whig  statesmen,  and 
the  defeat  and  overthrow  of  the  other  in  the  national  convention  of  his 
party.  In  a  voice,  almost  of  agony,  Mr.  Arnold  exclaimed:  "In  the 
late  convention  at  Haltimore  I  voted  for  Mr.  Webster  for  president  fifty- 
three  times;  were  the  ballotings  still  in  progress  I  should  be  voting  for 
him  still!  I  now  leave  it  for  some  gentleman  with  more  enthusiasm 
than  I  possess  to  do  justice  to  the  merits  of  your  candidate.  General 
Scott." 

This  was  the  abrupt  and  overwhelming  conclusion  of  the  speech. 
Not  one  word  of  approval  or  praise  of  the  candidate;  not  a  word  to  give 
an  impulse  to  the  campaign.  The  whig  politicians,  who  but  a  few 
moments  before  had  cheered  till  their  voices  split,  and  had  thrown 
their  hats  to  the  arched  ceiling  of  the  city  hall,  as  he  had  delivered  his 
highly  wrought  eulogies  of  Clay  and  Webster,  were  struck  as  if  by  col- 
lapse. Wet  blankets,  a  shoWcr  of  ice.  are  inade«|uate  to  illustrate  the 
effect  jiroduced.  The  local  whig  campaign  did  not  recover  from  the 
set-back  during  the  summer, —  lagged,  without  animation,  till  the  elec- 
tion, and  closed  disastrously  in  the  city  and  state. 

Mr.  .Arnold  defended  Judge  Levi  Hubbell  in  the  impeachment  trial, 
before  iIh*  stale  senate  in  i«^53,  and  ( Governor  William  A.  Harstow  in  the 
i|UO  warranto  proceedings  in  the  supreme  court,  prosecute<l  by  C'oles 
Bash  ford,  who  claimed  the  office  of  governor  in  1S56.  He  acted  with 
the  dcmo(  ralic  party  after  the  dissolution  of  the  whig  party,  until  his 
death. 

The  late  .\.  D.  Smith  was  a  lawyer  and  advocate,  more  resembling 
Matt  H.  C.irpenter  than  either  Ryan  or  Arnold,  with  whom  he  was  often 
27 


472  THE    HKNCH    AND    BAR    OF    WISCONSIN. 

arrayed  as  an  associate  or  an  opponent  in  the  trial  of  causes,  until  he 
was  elected  to  the  supreme  bench  in  1852.  He  had  a  mind  of  a  similar 
character,  without  Ryan's  passionate  force  and  energy,  and  without  Ar- 
nold's clearness  and  wonderful  fineness  of  texture,  but  very  comprehen- 
sive, broad,  enlarged,  and  capable  of  severe  and  highly  sustained  effort. 
He  had  an  agreeable  voice,  a  sympathetic  manner,  and  ample  powers  of 
expression.  His  medical  education  rendered  him  the  most  accomplished 
master  of  medical  jurisprudence  at  the  Wisconsin  bar,  and  contributed 
greatly  to  the  skill  and  success  which  marked  his  trial  of  capital  cases,  suits 
for  medical  malpractice,  and  for  damages  on  account  of  bodily  injuries. 
He  was  also  a  great  political  orator,  and  he  wielded  a  marked  influence 
and  power  over  popular  audiences.  He  was  an  anti-slavery  democrat 
from  the  start,  and  during  the  period  of  his  political  activity,  assailed 
the  whig  party  in  the  most  eloquent  and  indignant  style,  because  Henry 
Clay,  its  idol  and  leader,  was  a  slaveholder,  and  because  under  the  whig 
administration  of  Fillmore,  the  slavery  compromise  measures,  including 
the  fugitive  slave  law,  were  enacted.  In  1852,  at  a  democratic  meeting 
in  the  old  court  house  in  Milwaukee,  he  elaborated  this  argument  with 
great  skill  and  power.  He  depicted  the  atrocities  of  which  the  fugitive 
slave  law  might  be  the  cause  if  executed,  argued  that  it  was  unconstitu- 
tional and  monstrous,  and  concluded  his  splendid  harangue  as  follows : 
"  This  is  the  first  fruit  and  offspring  of  the  whig  administration  of  Mil- 
lard Fillmore,  and  I  pray  the  Almighty  Lord  to  strike  its  womb  with 
barrenness,  that  no  more  like  it  may  come  after  it.*' 

Of  Cieorge  B.  Smith  it  may  be  said  that  he  was  one  of  the  best  of 
men,  one  of  the  truest  of  friends,  a  clear,  consistent  and  patriotic  politi- 
cian, learned  in  the  law,  and  gifted  with  rare  powers  of  oratory.  But  he 
was  not  as  great  as  a  lawyer  as  he  was  as  a  man,  though  he  was  a  great 
lawyer.  The  whole  man  was  capacious ;  he  was  large  in  all  his  traits 
and  characteristics,  a  full  pattern  of  man,  good  in  every  walk  of  business 
or  duty,  and  in  every  varied  way  which  he  trod  in  life.  He  went  to 
Madison  when  barely  of  age.  He  was  ambitious  from  the  start,  and 
aspired  to  high  position,  and  to  the  first  social  and  professional  rank, 
which  he  reached  long  before  middle  age.  He  was  a  radical  democrat 
in  politics,  and  owing  to  the  fact  tliat  the  parly  to  which  he  belonged  was 
for  nearly  the  entire  generation  during  which  he  lived  in  a  minority  in 
the  state,  he  never  enjoyed  the  high  political  rewards  to  which  he  was 
entitled  by  his  ability,  his  political  zeal,  his  party  services,  and  his  unde- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  4T3 

niable  fitness  for  any  position  in  the  administration  or  judicial  departments 
of  the  state  government.  Like  Matt  H.  Carpenter,  he  died  more  than 
a  decade  before  expectancy  had  placed  a  period  to  his  career,  or  the 
order  of  nature  as  to  the  completeness  of  life  had  been  filled,  and  when 
he  might  fairly  have  looked  forward  to  many  years  of  activity  and  use- 
fulness. In  conversation  with  a  friend,  in  1855,  while  he  was  attor- 
ney-general, he  said:  "I  settled  in  Madison  in  1845,  at  the  age  of 
twenty-two  years,  after  having  been  admitted  to  the  bar,  I  then  made 
a  mark  which  I  determined  to  reach.  I  said  to  myself  that  within  ten 
years  I  would  either  prosecute  or  defend  a  man  on  trial  for  murder, 
then  regarded  as  the  highest  task  which  a  lawyer  could  undertake,  and 
would  be  district  attorney  of  Dane  county.  The  ten  years  have  just 
elapsed.  1  was  district  attorney  of  Dane  county  within  a  year  from  the 
time  I  have  described,  and  I  served  in  that  office  six  years ;  I  have  been 
attorney  in  four  murder  trials;  I  am  now  attorney-general  of  the  state." 
He  spoke  without  vanity  or  ostentation,  apparently  as  if  simply  to  point 
a  moral  from  his  own  experience,  and  to  show  that  high  aims  and  earnest 
endeavor,  sustained  by  integrity  and  industry,  will  in  the  main,  reap  their 
just  reward. 

CHIEF    JUSTICE    RYAN    AND    SENATOR    CARPENTER    CONTRASTED. 

In  a  memorial  address  Mr.  Winfield  Smith  says: 

Our  bar  has,  within  the  last  few  months,  lost  from  its  number 
those  two  members  who  may  by  common  consent  be  said  to  have 
reached  the  highest  rank  and  to  have  borne  the  highest  honors 
in  the  profession.  Probably  at  any  time  within  the  past  fifteen 
years  the  question,  what  two  lawyers  in  the  slate  had  upon  the 
whole  attained  the  highest  rank,  would  have  been  answered  in 
the  same  way  by  every  one  of  us.  For,  although  men  may  have 
greatly  differed  in  their  estimate  of  certain  characteristics  of  the 
lawyers,  although  there  might  have  been  wide  divergence  of  views 
whetiier  these  two  men  were  among  their  fellows  the  wisest  counselors 
or  the  most  successful  advocates,  there  could  be  no  doubt  that  in  those 
qualities  that  upon  the  whole  confer  distinction,  Senator  Carpenter  and 
Chief  Justice  Ryan  stood  preeminent. 

Tnlike  as  they  were,  it  is  curious  to  observe  how  many  points  of 
resemblance  united  them.      Each  had  a  singular  love  and  reverence  for 


-^14  THK.    r.KN'ClI    AM»    II. \R    OF    WISCONSIN. 

his  profession,  and  thirsted  for  thoroughness  as  well  as  success  in  the 
pursuit  of  that  ])rotession.  Each  had  studied  the  principles  of  the  law, 
and  each  was  well  informed,  not  only  in  respect  to  those  principles,  but 
in  respect  to  the  details  of  its  i)ractice.  Each  enjoyed  the  study,  not 
only  of  those  ]>rinci])les,  hut  of  the  literature  of  his  profession,  and  each 
would  have  thought  it  unworthy  of  himself  to  approach  the  argument  of 
an  important  case  without  at  least  believing  that  he  possessed  a  philo- 
sophic comprehension  of  the  grounds  upon  which  he  sought  success,  as 
well  as  a  considerable  familiarity  with  the  authorities  supporting  him. 
Hoth  possessed  that  clearness  of  thought  which  is  the  parent  of  lucidity 
of  style.  Each  had  thai  mastery  of  the  English  language  which  made 
his  discourse,  uj^on  a  subject  never  so  dry,  interesting  to  cultivated 
listeners.  IJoth  were  heard  always  with  pleasure,  and  seldom  without 
instruction.  The  style  of  their  speech  was  unlike.  Mr.  Carpenter,  in 
particular,  rarely  resorted  to  meta])hor,  but  reveled  in  wit ;  while  Mr. 
Ryan  illustrated  his  grandest  thoughts  and  most  striking  periods  with 
imagery  that  added  brilliancy  to  his  finished  sentences;  but  he  rarely 
departed  from  the  seriousness  of  his  subject.  He  was  naturally  severe, 
and  when  in  his  opinion  condemnation  was  demanded,  his  sarcasm  or 
invective  was  mighty,  and  to  its  victim  was  terrible.  But  the  senator 
was  the  happy  possessor  of  a  hearty,  overflowing  good  nature,  which 
would  not  permit  him  to  be  harsh.  He  was  charitable  even  in  ridicule. 
His  keen  sense  of  the  ludicrous  found  frequent  expression,  but  so 
softened  by  a  kindly  temper  as  to  play  jocosely  about  its  object,  amus- 
ing all  and  angering  none. 

No  one  can  recall  Mr.  C'arjienter's  forensic  displays  without  recur- 
ring to  that  jovial  and  happy  humor,  that  s])irit  of  fun  which  overflowed 
in  bright  and  s{)arkling  wit,  adding  a  charm  to  every  discourse,  as  it 
enlivened  the  tedium  of  every  trial.  In  whatever  respect  he  may  be 
said  to  have  failed,  I  tiiink  it  must  be  fairly  conceded  that  he  was  suc- 
cessful in  every  l)on  mot.  The  English  of  Mr.  Carpenter  was  simple, 
and  wns  admirable  and  effective  on  account  of  its  Saxon  simplicity. 
The  style  of  Mr.  Ryan  most  exacted  admiration  when  it  was  grand, 
majestic,  and  embellished  with  those  C!orinthian  beauties  of  oratory  which 
were  agreeable  to  his  classic  taste  and  education.  Each  illustrated  his 
earnest  regard  for  his  profession  in  the  addresses  it  was  his  pride  to 
deliver  to  young  men  embarking  in  the  pursuit  of  the  law;  and  they 
alike  habitually  re])eated  the  noble  maxims  and  lofty  sentiments  which 


THK    BENCH    AND    BAR    OF    WISCONSIN.  475 

ever  inspire  those  most  distinguished  in  our  profession,  and  which  alone 
raise  it  above  pure  drudgery.  They  were  ambitious,  and  both  attained 
high  honors  in  their  profession,  as  well  as  in  the  kindred  field  of 
politics ;  yet  neither  was  a  successful  politician  in  the  higher  or  lower 
signification  of  the  term.  Each  was,  to  a  certain  extent,  a  law  unto 
himself  in  his  mental  as  in  his  physical  and  moral  habits. 

CHARACTERISTICS   OF    CHIEF    JUSTICE    CHARLES    DUNN. 

Mr.  William  Hull  says  of  him:  As  a  lawyer,  Judge  Dunn  ranked 
as  one  of  the  best.  As  a  judge  he  was  honest  and  as  impartial  as  a 
man  of  his  temperament  could  possibly  be.  A  good  pleader  himself 
he  held  us  all  to  the  strict  technicalities  of  the  common  law  practice, 
which  then  prevailed,  and  although  at  times  prone  to  give  way  to  the 
violence  of  his  personal  feelings,  he  was  generally  liked  and  respected 
by  the  members  of  the  bar  in  his  district  and  the  territory.  He  could 
never  forget  his  dignity  on  the  bench;  on  the  road  traveling  from  court 
to  court,  at  the  stopping  places  for  the  night,  and  during  the  sessions  of 
the  courts,  he  was,  with  his  friends,  at  all  times  courteous  and  a  gentle- 
man ;  to  those  whom  he  did  not  like  he  could  and  did  occasionally 
])reserve  a  different  course.  This  trait  in  the  judge's  character  can 
only  be  accounted  for  by  premising  that,  like  all  other  descendants 
from  the  first  families  of  Virginia,  the  Dunns  claimed  to  have  the  royal 
blood  of  Powhatan  flowing  in  his  veins,  through  his  daughter,  the 
historical,  abused  Pocahontas.  In  all  places  and  at  all  times  he  never 
put  off  his  dignity.  One  instance  of  this  ruling  trait  in  the  judge  will 
l)ear  to  relate.  Game  of  all  kinds  was  very  plentiful  in  those  early 
days,  and  deer  hunting  was  a  common  pastime.  After  the  fall  term 
of  the  courts  had  terminated,  on  one  occasion  the  judge,  his  brother 
Frank,  a  henchman  of  Frank's,  Abe  Fields,  a  gentleman  now  promi- 
nent in  an  adjoining  state,  and  Mr.  Hull,  of  La  Crosse,  were  in  camp 
on  the  Kickapoo  river,  near  Wayne's  mill.  The  judge,  for  some  cause, 
did  not,  as  had  been  observed  on  the  trip,  take  much  interest  in  the 
unnamed  gentleman.  The  second  day  of  the  hunt,  the  judge,  a  true 
sportsman,  had  killed  a  magnificent  buck,  and  it  had  been  brought 
into  cam]).  The  deer  was  hung  uj)  for  dressing.  The  judge,  with 
coat  off,  sleeves  rolled  up,  and  knife  in  hand  had  commenced  his  work. 
After  a  few  cuts  with  the  knife  had  been  made,  the  gentleman  wishing 
to  make  some  remark  to  the  judge,  spoke  loudly, 
Dunn  !  ' 


4T6  THK    IJENCH    AND    BAR    OF    WISCONSIN. 

As  quick  as  a  flash  Judge  Dunn  stopped  his  work,  turned  facing 
the  gentleman,  and  with  his  piercing  black  eyes  flashing  lightning, 
res])onded, 

*' Judge  Dunn!  if  you  please,  sir." 

After  this  ex])losion  there  was  silence  in  that  camp  for  awhile. 

ELOQUENCE  OF  JUDGE  HYRON  PAINE. 

The  late  Judge  Byron  Paine,  of  the  Wisconsin  supreme  court,  was 
one  of  the  ablest  writers  that  the  state  ever  produced,  and  like  Chief 
Justice  Ryan,  he  at  times  enriched  his  judicial  opinions  with  elaborate 
and  highly  sustained  rhetoric,  adorned  with  the  finest  flowers  of  the  fancy 
and  the  imagination.  In  an  early  railroad  case  in  the  supreme  court 
the  decision  was  written  by  Justice  Paine,  in  which  he  said :  Railroads 
are  the  great  public  highways  of  the  world,  along  which  the  gigantic 
currents  of  trade  and  travel  continuously  pour, —  highways  compared 
with  which  the  most  magnificent  highways  of  antiquity  dwindle  into 
insignificance.  They  are  the  most  marvelous  inventions  of  modem 
limes.  They  have  done  more  to  develop  the  wealth  and  resources, 
to  stimulate  the  industry,  reward  the  labor  and  promote  the  general 
prosperity  of  the  country  than  any  other,  and  perhaps,  than  all  other, 
mere  physical  causes  combined.  There  is  probably  not  a  man,  woman 
or  child  whose  interest  or  comfort  has  not  been  in  some  degree  sub- 
served by  them.  They  bring  to  our  doors  the  productions  of  the  earth. 
They  enable  us  to  anticipate  and  protract  the  seasons.  They  enable  the 
inhabitants  of  each  clime  to  enjoy  the  pleasures  and  luxuries  of  all.  They 
scatter  the  productions  of  the  press  and  literature  broadcast  through  the 
country  with  amazing  rai)idity.  There  is  scarcely  a  want,wish,  or  aspiration 
of  the  human  heart  which  they  do  not  in  some  measure  tend  to  gratify. 
They  ])romote  the  pleasures  of  social  life  and  of  friendship.  They  bring 
the  skilled  phvsician  swiftly  from  a  distance  to  attend  the  sick  and  the 
wounded,  and  enable  the  absent  friend  to  be  present  at  the  bedside  of 
the  dying.  They  have  more  than  realized  the  fabulous  conception  of 
the  eastern  imagination,  which  jiictured  the  genie  as  transporting  an  in- 
habited palace  from  the  Atlantic  coast,  and  with  marvelous  swiftness, 
de]^.ositing  it  on  the  shores  that  are  washed  by  the  Pacific  seas.  In  war 
they  transport  the  armies  and  supplies  of  the  government  with  the 
greatest  celerity,  and  carry  forward,  as  it  were,  on  the  wings  of  the  wind, 
relief  and  comfort  to  those  who  are  stretched  bleeding  and  wounded  on 
the  field  of  battle. 


THE    BENCH    AND    BAR    OF    WISCONSII^'.  47T 


BAR    ASSOCIATIONS. 

STATE    BAR    ASSCK'I ATION. 

The  members  of  the  bar  of  the  western  district  of  Wisconsin  held  a 
meeting  in  the  United  States  court-room  at  Madison,  January  19,  1877, 
for  the  purpose  of  forming  a  west  Wisconsin  bar  association,  but  it  was 
finally  determined  to  change  the  plan  and  form  a  state  bar  association, 
and  preliminary  measures  were  taken  to  that  end  by  the  appointment  of 
a  committee  to  submit  to  a  subsequent  meeting  a  constitution  and  by- 
laws as  a  basis  of  organization.  Chief  Justice  E.  (i.  Ryan  was  made 
chairman  and  W.  F.  Vilas  secretary  of  the  committee. 

On  January  9,  1878,  the  second  meeting  was  held  in  the  supreme 
court  room,  at  which  Chief  Justice  E.  (j.  Ryan,  as  chairman  of  the  com- 
mittee on  organization  of  a  state  bar  association,  made  an  elaborate 
address. 

A  constitution  to  govern  a  state  bar  association  was  adopted,  the 
object  of  which  is  **to  maintain  the  honor  and  dignity  and  to  increase 
the  usefulness  and  influence  of  the  profession  of  the  law."  Moses  M. 
Strong  was  chosen  president,  a  vice-president  for  each  of  the  thirteen 
judicial  circuits,  E.  E.  Bryant,  secretary;  J.  H.  Carpenter,  treasurer; 
and  an  executive  committee  of  three,  of  which  J.  W.  ('ary  was  made  the 
chairman.  M.  M.  Strong,  on  taking  the  chair  as  president,  delivered  an 
ap|)ropriate  address,  which,  together  with  that  of  Judge  Ryan,  is  re- 
corded in  the  books  of  the  association. 

The  constitution  is  signed  by  three  hundred  and  thirty-two  attorneys 
of  different  parts  of  the  state. 

On  February  20,  1S78.  the  third  meeting  of  the  association  was  held 
in  the  I'nilcd  States  court-room  at  Madison.  M  this  meeting  a  resolu- 
tion was  adopted,  that  the  association  is  in  favor  of  the  strict  enforce- 
ment of  the  laws  of  the  state  regulating  the  admission  of  attorneys.  A 
report  was  submitted  by  the  committee  that  had  been  appointed  for  the 
purpose  to  report  the  terms  on  which  law  publishers  would  furnish  the 
Wisconsin  Reports,  with  the  view  of  obtaining  them  at  a  cheaper  rate 
than  heretofore.  The  movement  in  this  matter  finally  resulted,  after 
much  negotiation  and  discussion,  in  (^allaghan  and  Company,  of  Chicago, 
entering  into  an  agreement  to  furnish  them  at  the  rate  of  one  dollar  and 
twenty-four  cents  the  volume,  for  ten  years  to  the  members  of  the  bar  of 
this  state. 


478  a'HE    BENCH    AND    BAR    OF    WISCONSIN. 

At  this  meeting  the  subject  also  came  up  relative  to  the  recommen- 
dation of  candidates  to  be  supported  for  the  two  additional  associate 
judges  of  the  supreme  court,  which  a  recent  law  provided  to  be  chosen 
at  the  ensuing  spring  election.  Upon  this  question  there  arose  much 
discussion  and  motions  made,  the  whole  resulting  in  no  action  having 
been  taken. 

On  June  i6,  1881,  the  fourth  meeting  was  holden  in  the  assembly 
chamber  at  Madison.  The  officers  of  the  association  were  reelected. 
The  president  made  an  elaborate  address,  in  which  he  presented  a  list 
of  all  the  attorneys  in  the  state,  past  and  present,  together  with  biogra- 
phies of  the  deceased  members  so  far  as  had  been  obtained.  By  this 
list  there  are  now  resident  in  the  state,  in  and  out  of  practice,  1,349 
members,  1,147  non-residents,  and  481  deceased.  A  committee  was 
appointed  to  {)ublish  this  list,  biographies,  address  of  the  presideot,  and 
proceedings  of  this  meeting  of  the  association,  for  distribution  among 
members  of  the  bar  at  the  cost  price  of  the  publication.  A  banquet 
closed  the  proceedings  of  the  occasion. 

It  may  be  worthy  of  mention  that  this  meeting  was  thinly  attended, 
the  causes  sup|)osed  to  be  on  account  of  the  length  of  time  since  the 
previous  meeting,  that  there  was  no  matter  of  special  interest  to  be 
brought  before  the  association,  and  the  ill  feeling  that  was  engendered 
at  the  hist  meeting  in  the  discussion  relative  to  nominating  or  recom- 
mending candidates  for  the  two  new  associate  justices. 

THK    MILWAIKEE    BAR    ASSOCIATION. 

This  association  was  organized  June  11,  1858,  with  Jonathan  E. 
Arnold  for  president,  Levi  Huhbell  vice  president,  O.  H.  Waldo  treas- 
urer, and  J.  1).  I).  C'oggswell  secretary.  Mr.  .\rnold  continued  presi- 
dent until  his  death  in  June,  1869,  and  Mr.  Coggswell  secretary  until 
1866,  when  he  removed  from  the  state,  and  there  was  a  secretary  pro 
tempore  until  October,  1S69,  at  which  time  new  otHicers  were  elected,  by 
which  William  Pitt  Lynde  was  made  president,  O.  H.  Waldo  vice  presi- 
dent, J.  R.  Brigham  treasurer,  and  James  (J.  Flanders  secretary.  J.  (1. 
Flanders  was  secretary  until  187S,  when  Hurton  Hanson  was  elected,  and 
still  holds  the  office.  A.  R.  R.  Butter  was  elected  president  in  187S, 
James  (i.  Jenkins  vicc-])resideni,  and  J.  R.  Brigham  trea.surer.  The 
othrers  elected  in  1881  were  A.  R.  R.  Butter  president,  J.G.Jenkins 
vice-president,  J.  R.  Brigham  treasurer,  and  Burton  Hanson,  secretary. 

This  association  has  been  in  existence  a  longer  period  of  time  than 


THE    BENCH    AND    BAR    OF    WISCONSIN;  470 

any  like  association  in  the  state.  Its  roll  of  membership,  both  past  and 
present,  comprises  the  best  legal  talent  of  the  city.  The  meetings  of  the 
association  have  been  somewhat  irregular  and  chiefly  confined  to  memo- 
rial occasions.  In  the  way  of  resolutions  and  eulogies  the  fraternity 
usually  docs  ample  justice  to  a  deceased  brother  whose  life  has  been 
worthy  of  commemoration.  The  association  also  takes  cognizance  of  the 
professional  misconduct  of  its  members.  The  latest  instance  of  the  kind 
was  in  the  case  of  John  J.  Orton  who  had  been  accused  of  making  a 
pleading  in  a  case  in  which  he  was  defendant,  which  the  judge  of  the 
court  refused  to  be  allowed  to  be  placed  on  file,  and  subse<juently,  for 
the  act,  disbarred  him  from  practicing  in  the  courts.  Mr.  Orton  was  ar- 
rainged  before  the  Bar  Association,  of  which  he  was  a  member,  but  no 
charges  were  formulated  against  him.  At  several  meetings,  however, 
the  matter  was  warmly  discussed,  yet  no  action  was  taken.  As  the  case 
was  before  the  courts  the  matter  was,  by  common  consent,  permitted  to 
go  over  to  await  judicial  decision.  ()napj)eal  to  the  supreme  court, 
the  ruling  of  the  court  below  was  set  aside.  This  apparently  ended  the 
case  for  the  time  being,  and  ended  its  consideration  likewise,  with  the 
Bar  Association.  Jonathan  K.  Arnold  was  for  many  years  president  of 
the  asso(  iation.  After  his  death  A.  R.  R.  Butler  was  elected  to  and  still 
occupies  that  position.  The  annual  dues  are  fixed  at  three  dollars 
per  member. 

BROWN    COUNTY    BAR    A>SOCIA HON. 

This  association  was  organized  on  April  4,  1857.  A  constitution 
was  adopted  and  H.  S.  Baird  was  chosen  president,  and  E.  H.  KM  is, 
secretary.  Mr.  Baird  continued  to  be  its  president  until  a  brief  period 
before  his  death,  when  J.  C.  Neville  was  chosen  to  the  office,  which 
he  holds  to  the  present  date.  There  arc  about  thirty  members  em- 
braced in  the  association. 

DANE    COUNTV    LE(iAI.    ASSOt  lATloN. 

This  association  adopted  a  constitution  and  elected  officers,  .August 
I,  1869:  Thomas  Hood,  presiilent ;  J.  B.  Baltzell,  vice-president; 
F.  H.  Firman,  secretary;  J.  H.  ('arpenter,  treasurer.  February  8, 
1879,  J.  H.  Carpenter  became  president;  F.  J.  Lamb,  treasurer;  C.  N. 
(iregory,  secretary,  and  are  the  officers  to  the  present  time,  January 
1K82.  I'he  meetings  of  the  asso<:iation  have  been  chiefly  devoted  to 
adopting  a  fee  bill  and  taking  action  on  the  disease  of  Judge  Levi  P. 
Vilah,  George  B.  Smith,  and  Chief  Justice  Kdward  (i.  Ryan. 


480  THE    BENCH    AND    BAR    OF    WISCONSIN. 

ROCK    COUNTY    BAR    ASSOCIATION. 

This  association  was  organized  in  1879,  with  A.  A.  Jackson,  presi* 
dent;  M.  M.  Phelps,  treasurer,  and  A.  W.  Baldwin,  secretary;  and  the 
same  officers  continue  to  the  present  time,  1882. 

THE    LAW    DEPARTMENT    OF    THE    STATE    UNIVERSITY. 

The  University  Law  School  has  done  much  toward  raising  the  stand- 
ard of  legal  acquirements  in  this  state.  Few  law  students,  if  any,  in 
Wisconsin,  now  undertake  to  enter  upon  the  duties  of  the  profession 
without  a  course  of  instruction  in  the  law  department  of  the  university. 
Without  the  thorough  training  had  in  this  school,  or  one  equally  as 
efficient,  a  young  practitioner  can  scarcely  be  well  equipped  to  enter 
upon  competition  with  those  who  have  enjoyed  its  advantages.  The 
professors  in  this  school  have  been,  from  first  to  last,  eminent  in  the 
profession.  They  seem  to  have  taken  a  pride  in  the  advancement  and 
resulting  acquirements  of  their  classes.  Such  legal  lights  as  Hopkins, 
Paine,  Cole,  Lyon,  Orton,  Cassoday,  the  younger  Vilas,  Carpenter, 
Spooner,  Pinney,  Sloan,  are  jurists  who  would  impart  dignity  and  tone 
to  any  institution  of  the  kind  in  the  country,  in  profoundness  in  law, 
and  in  elevation  of  character.  This  department  of  the  university  was 
organized  in  January,  1S57,  and  R.  (>.  Ryan  and  T.  O.  Howe  appointed 
its  [)rofessors ;  yet  no  course  of  instruction  was  undertaken  at  the  time, 
nor  for  the  ten  succeeding  years,  as  there  were  no  funds  to  support  it. 
In  1 868,  however,  the  school  was  placed  on  a  working  basis,  and  a 
yearly  course  of  instruction  permanently  established.  The  term  was 
opened  with  twelve  students,  and  with  Orsamus  Cole,  Byron  Paine,  J, 
IL  Carpenter,  and  W.  V.  X'ilas,  i)rofessors. 

The  established  course  was  to  be  completed  in  one  year.  In  1869 
IL  S.  Orton  was  added  to  the  number  of  f)rofessors  and  becanae  dean 
of  the  facultv.  At  the  session  of  the  legislature  for  1870  an  enactment 
provided  that  certificates  of  graduation  in  the  law  classes,  entitled 
graduates  to  admission  to  the  supreme  court  and  all  other  courts  of  the 
state  without  examination.  In  1871  W.  P.  Lyon  was  appointed  professor 
in  ]>lace  of  lUron  Paine;  P.  L.  Spooner  in  1871  and  became  dean;  H.S. 
( )rton  resigned  in  1S73,  and  L  ('.  .Sloan  was  appointed;  in  1876 S.  U.  Pin- 
ney and  J.  15.  Cassoday,  and  in  1.S7S  R.  Hunn  and  C. Gapen  were  added. 
Honorary  degrees  of  LL.D.  have  been  conferred  upon  Russell  Z. 
Ma>on,  president  of  Lawrence  University  in  1866;   Harlow  S.  Orton  in 


THE    BENCH    AND    BAR    OF    WISCONSIN.  481 

1869;  Luther  S.  Dixon  in  1869;  Orsamus  Cole  in  1869;  Byron  Paine 
in  1869;  William  Penn  Lyon  in  1872;  Lyman  C.  Draper  in  1872;  C. 
C.  Washburn  in  1873;  E.  G.  Ryan  in  1873;  J.  H.  Carpenter  in  1876; 
J.  B.  Cassoday,  188 1.  To  enter  this  law  department,  students,  who  are 
not  college  graduates,  must  be  twenty-one  years  of  age,  and  to  be 
graduated  must  have  studied  law  two  years,  including  one  course  in  the 
Law  School. 


THE  GREAT  LAW  CASES. 

THE    BARSTOW-RASHFORI)    CONTESTED    ELECTION. 

The  somewhat  notable  litigation  that  forms  the  subject  ol  this  paper 
is  reported  in  the  fourth  volume  of  Wisconsin  Reports  under  the  title, 
"The  Attorney-General  on  the  Relation  of  Bashford  against  Barstow." 
There  are  facts,  however,  quite  outside  of  the  office  of  the  court  reporter, 
that  possess  some  interest,  and  it  is  the  purpose  of  this  article  to  em- 
body these  with  the  history  of  the  proceedings  before  the  supreme  court. 

At  the  general  election  in  Wisconsin  in  1855  the  opposing  candidates 
for  governor  were  Coles  Bashford,  the  nominee  of  the  then  young  repub- 
lican party,  and  William  A.  Barstow,  democrat  and  the  incumbent. 
Barstow's  administration  had  not  escaped  criticism,  and  it  will  be  readily 
believed  that  the  current  charges  were  active  factors  in  the  canvass. 
Apt  alliteration's  artful  aid  was  summoned  in  the  shibboleth,  **  Barstow 
and  the  Balance,'*  and  among  the  euphemisms  of  the  campaign,  the 
phrase,  *' The  Forty  Thieves"  was  prominent,  reference  being  meant  to 
the  governor  and  his  intimates. 

The  election  having  taken  place,  it  was  not  long  in  a))pearing  that 
the  democratic  candidates  were  elected,  except  the  candidate  for  gov- 
ernor. As  to  that  office,  the  vote  was  close,  and  the  result  doubtful. 
Both  r)arties  continued  to  claim  the  victorv  until  the  dav  fixed  for  the 
canvassing  of  the  returns.  That  function  was  vested  by  the  laws  of  the 
state  in  a  state  board  of  canvassers,  consisting  of  the  secretary  of  the 
state,  A.  T.  (iray,  the  state  treasurer,  E.  H.  Janssen,  and  the  attorney- 
general,  (jeorge  B.  Smith.  These  officers  were  warm  personal  and 
political  friends  of  Governor  Barstow.  Having  opened  and  canvassed 
the  returns,  they  certified  that  Barstow  had  received  one  hundred  and 
fifty-seven  majority,  and  was  duly  elected  governor  for  the  ensuing  teem. 


4S'i  THE    BENCH    AND    BAR    OF    WISCONSIN. 

Their  action  excited  great  indignation.  It  was  stated  that  having 
adopted  a  rule  in  one  case,  they  had  not  scrupled  to  adopt  exactly  the 
opposite  rule  in  another  case,  being  consistent  only  to  the  purpose  of 
finding  a  majority  for  Barstow  or  making  one.  It  was  further  charged 
that  gross  frauds  had  been  perpetrated  under  cover  of  "  supplementary 
returns,"  meaning  returns  received  from  sources  aliunde,  the  certificates 
of  the  county  canvassers.  The  town  of  Bridge  Creek,  in  Chippewa 
county,  which  had  never  been  heard  of  before,  was  found  to  possess 
startling  electoral  capabilities,  having  cast  one  hundred  and  twenty-eight 
votes,  nearly  all  for  Governor  Harstow.  A  precinct  in  Waupaca  county, 
for  which  no  one  had  yet  performed  ihe  office  of  godfather,  and  which 
was  designated  only  as  "  town  25  north,  of  range  ten  east  of  the  fourth 
principal  meridian,'*  developed  a  voting  capacity  that  could  only  be  ac- 
counted for  on  the  theory  that  the  bears  had  been  enfranchised!  Mr. 
Bash  ford  resolved  to  contest  the  election.  As  the  day  fixed  by  law  for 
the  inauguration  drew  near,  there  was  no  little  excitement.  Rumors 
were  circulated  that  the  induction  of  Barstow  would  be  resisted  by  force; 
that  the  supporters  of  Bashford  would  seize  the  ca))itai.  To  provide 
against  these  possibilities,  the  friends  of  (lovernor  Barstow  sent  to  Mil- 
waukee and  Waiertown  for  militia  companies  to  be  present  at  the  inau- 
guration, and  in  the  silent  hours  of  the  night,  arms  were  removed  from 
the  State  House,  and  placed  where  they  would  be  accessible  to  the 
followers  of  Barstow  in  any  emergency.  Kor  a  time  there  was  afforded 
a  fair  prototype  of  Louisiana. 

The  seventh  of  January  came.  It  was  an  intensely  cold  day,  and  the 
two  lunulied  and  fifty-eight  soldiers,  who  had  come  to  see  that  Barstow 
was  inaugurated,  presented  a  sorry  sight  as  they  paraded  the  streets  with 
their  benumbed  fingers  and  frozen  ears.  But  there  was  no  attempt  at  a 
coup  d'etat,  (iovernor  Barstow  was  sworn  in  by  a  nisi  prius  judge,  and 
remained  in  undisturbed  ]*ossession  of  the  executive  chamber.  Mr. 
Bashford  took  the  oath  of  office  before  K.  V.  Whiton,  chief  justice  of 
the  supreme  court.  ( )n  the  tenth  of  the  same  month  the  legislature 
assembled.  Its  action  had  been  looked  forward  to  with  interest  in  the 
expectation  that  it  might  have  no  inconsiderable  bearing  upon  the  con- 
test. In  the  assembly  the  democrats  had  a  considerable  majority:  in 
the  senate  the  republicans  had  a  majority  of  one.  The  assembly  prompt- 
ly ado[)ted  a  joint  resolution  for  a  ( ommittee  to  wait  upon  His  Excel- 
lency U'llhani  A.  Barstow,  governor  of  the  State  of  Wisconsin, and  inform 


THF    BENCH    AND    BAR    OF    WISCONSIN.  483 

him  that  the  legislature  was  organized  and  ready  to  receive  any  com- 
munication that  he  had  to  present.  The  senate  demurred  at  first  and 
struck  oqt  the  words,  William  A.  Barstow,  but  on  the  following  day  voted 
to  concur  in  the  resolution  on  the  ground  that  it  only  recognized  Bar- 
stow  as  governor  de  facto.  So  the  question  was  not  to  be  settled  by  a 
coup  or  by  the  legislature;  it  was  relegated  to  tiie  supreme  court. 

The  supreme  bench  consisted  of  Chief  Justice  E.  V.  Whiion  and 
associate  justices  A.  D.  Smith  and  Orsamus  Cole.  Political  parties  had 
become  at  that  day  republican  and  democratic.  The  contest  was  purely 
p>olitical,  and  it  may  be  a  matter  of  interest  to  know  the  political  pro- 
clivities of  the  respective  judges  who  were  to  decide  the  contest  in  its 
legal  bearing.  Judge  Whiton  was  originally  a  whig,  and,  upon  the  sub- 
sidence of  that  great  party  and  the  formation  of  the  republican  party  in 
his  state  in  1854,  became  a  republican  ;  Judge  Smith  was  an  anti-slavery 
democrat,  and  Judge  Cole  was  an  old  time  whig  and  then  a  republican. 
Notwithstanding  this  diversity  of  political  views  the  final  decision  of  the 
case  was  unanimous.  The  attorney-general  was  William  R.  Smith,  who  was 
a  democrat.  The  counsel  arrayed  on  either  side  of  the  case  represented  the 
respective  political  parties  to  which  they  belonged,  with  the  exception 
of  E.  G.  Ryan,  who  was  a  democrat  of  the  strongest  kind  but  appeared 
for  the  republican  side.  The  lawyers  on  both  sides  were  accounted  the 
ablest  in  the  state  at  that  time. 

The  claimant,  Bashford,  encountered  a  serious  obstacle  at  the  start.  It 
was  necessary  for  him  to  proceed  by  an  information  in  the  nature  of  a 
quo  warranto.  The  provision  of  the  law  on  this  subject  was  that  the 
attorney-general  shall  appear  for  the  state,  and  prosecute  and  defend  all 
suits  and  proceedings,  civil  and  criminal,  in  the  supreme  court  in  which 
the  state  shall  be  interested  or  a  party.  By  rather  a  singular  coincidence 
the  legislature  during  the  previous  winter  had  amended  this  provision 
as  follows : 

Whenever  any  citizen  of  this  state  shall  claim  any  public  ofliicc  which 
is  usurped,  intruded  into,  or  unlawfully  held  and  exercised  by  another, 
the  person  so  claiming  such  office  shall  have  the  right  to  file  in  the 
supreme  court,  either  in  term  time  or  vacation,  an  information  in  the 
nature  of  a  (juo  warranto,  upon  his  own  relation,  and  with  or  without  the 
consent  of  such  attorney-general ;  and  such  person  shall  have  the  right 
to  prose<  ute  such  information  to  final  judgment  in  all  rcsi>ecls  as  pro- 
vided in  such  chapter.     Provided,  That  he  shall  first  have  applied  to 


484  THE    BKNCH    AND    BAR    OF    WISCONSIN. 

the  attorney-general  to  file  the  information,  and  the  attorney-general 
shall  have  refused  or  neglected  to  file  the  same,  and  in  such  case  he 
shall  be  liable  for  the  costs  if  he  shall  fail  to  establish  his  right  to  the 
office. 

The  attorney-general,  having  been  a  candidate  on  the  ticket  with 
Governor  Barstow,  was  his  zealous  partisan,  and  it  was  surmised  that 
he  would  be  disposed  to  obstruct  rather  than  promote  proceedings  to 
secure  a  judgment  of  ouster  against  him.  Mr.  Bashford  accordingly 
retained  counsel  consisting  of  Timothy  O.  Howe,  United  States  senator 
for  eighteen  years;  Edward  G.  Ryan,  late  chief  justice  of  the  supreme 
court  of  Wisconsin ;  Alexander  W.  Randall,  subsequently  governor 
of  Wisconsin  and  postmaster-general  in  the  cabinet  of  Andrew 
Johnson;  and  James  H.  Knowlton.  It  may  be  here  stated  that  the 
counsel  for  Barstow  were  Matt  H.  Carpenter,  subsequently  United 
States  senator;  Jonathan  E.  Arnold, and  Harlow  S.  Orton, now  associate 
justice  of  the  supreme  court  of  the  state. 

The  counsel  for  Bashford  prepared  an  information  and  delivered  a 
copy  to  the  attorney-general  with  a  request  that  he  should  file  it.  Their 
expectation  was  that  he  would  refuse,  when  it  would  become  competent 
for  them  under  the  law  of  1855,  quoted  above,  to  file  the  information 
and  prosecute  it  to  final  judgment.  This  expectation  was  disappointed; 
the  attorney-general  filed,  not  the  information  prepared  by  the  counsel 
for  the  relator,  but  another  drawn  by  himself.  The  attorney-generafs 
information  was  very  brief,  and  simply  set  forth  in  the  most  general 
terms  that  William  \.  Barstow  held,  used  and  exercised  the  office  of  gov- 
ernor of  the  State  of  Wisconsin  without  any  legal  election,  appointment, 
warrantor  authority;  and,  that  Coles  Bashford  was  rightfully  entitled  to 
hold,  use  and  exercise  said  office.  The  information  of  the  relator's  coun- 
sel was  long,  and  recited  at  length  the  action  of  the  state  board  of  can- 
vassers, and  the  respects  wherein  the  relator  proposed  to  show  that  he 
had  been  defrauded.  It  was  suspected,  not  wholly  without  reason  it 
would  appear,  that  the  motive  of  the  attorney-general  was  to  compel  the 
relator  to  go  into  court  with  a  loose  ])leading,  and  at  the  same  time  to 
secure  the  control  of  the  suit  in  the  interest  of  the  respondent. 

( )n  the  twenty-second  of  January  the  counsel  for  the  relator  appeared 
in  court,  and  moved  that  the  information  filed  by  the  attorney-general 
be  discontinued;  that  Coles  Bashford  be  permitted  to  file  an  informa- 
tion on  his  own  relation,  and  that  he  be  at  liberty  to  prosecute   and 


THE    BENCH    AND    BAR    OF    WISCONSIN.  485 

control  the  same,  by  himself,  or  his  counsel.  It  is  not  necessary  to  the 
purpose  of  this  article  to  summarize  the  arguments  of  counsel  on  this 
motion.  One  singular  complication  was  the  entering  of  an  appearance 
by  the  counsel  for  the  respondent  to  assist  the  attorney-general  in  op- 
posing the  motion.  The  court  held  that  the  condition  contemplated 
by  the  law  of  1855,  had  not  occurred  so  long  as  the  attorney-general 
filed  an  information,  whether  it  were  the  one  desired  by  the  respondent 
or  not.  The  motion  was  therefore  denied;  but  at  the  same  time  the 
chief  justice  stated  that  there  were  three  parties  in  court, —  the  people, 
the  relator  and  the  respondent, —  and  that  the  rights  of -all  should  be 
protected.  The  chief  justice  fixed  the  fifth  of  February  as  the  time  for 
the  defendant  to  plead.  On  the  twentieth  of  that  month  the  counsel  for 
the  respondent  moved  the  court  to  dismiss  all  proceedings  for  the 
reason  that  the  court  had  no  jurisdiction.  Mr.  Carpenter  opened  in 
support  of  the  motion.  He  argued  three  propositions  which  he  stated 
in  beginning  as  follows  : 

I.  The  three  departments  of  the  state  government,  the  legislative, 
the  executive  and  the  judicial,  are  equal,  coordinate  and  independent 
of  each  other;  and  that  each  department  must  be,  and  is  the  ultimate 
judge  of  the  election  and  qualification  of  its  own  member  or  members; 
subject  only  to  impeachment  and  appeal  to  the  people. 

II.  That  this  court  must  take  judicial  notice  of  who  is  governor  of 
the  slate;  when  he  was  inaugurated;  the  genuineness  of  his  signature, 
etc.;  and,  therefore,  cannot  hear  argument  or  evidence  upon  the  sub- 
ject. That  who  is  rightfully  entitled  to  the  office  of  governor  can  in  no 
case  become  a  judicial  question;  and 

III.  That  the  constitution  provides  no  means  for  ousting  a  success- 
ful usurpation  of  either  of  the  three  departments  of  the  government; 
that  that  power  rests  with  the  people,  to  be  exercised  by  them  when 
they  think  the  exigency  requires  it. 

Messrs.  Orton  and  Arnold  also  delivered  arguments  in  support  of  the 
motion.  Messrs.  Randall,  Knowlton  and  Howe  were  heard  in  opposi- 
tion. They  contended  that  the  independence  of  a  department  is  a  very 
different  thing  from  the  independence  of  the  person  or  persons  filling 
that  department ;  that  while  the  court  might  have  no  power  to  control, 
or  in  any  manner  interfere  with  the  functions  of  the  executive  depart- 
ment of  the  state  government,  it  has  jurisdiction  of  the  citizens  of  the 
state  io  prevent  them  from  usurping  the  offices  and  franchises  of  the 


4S(;  THE    RENCH    AND    IIAR    OF    WISCONSIN, 

state,  unci  to  punish  such  usurpation  when  consummated ;  and  that  the 
office  of  governor  is  a  civil  office,  and  an  unlawful  intrusion  into,  and 
usurpation  of  the  same  may  be  tried  by  an  information  in  the  nature  of 
a  i[U()  warranto,  and  the  intruder  or  usurper  l)e  ousted  and  punished. 
The  court  denied  the  motion  to  dismiss,  affirming  its  jurisdiction  on  the 
grounds  presented  by  the  counsel  for  the  relator  substantially  as  above 
staled.  It  sliould  be  here  mentioned  that  during  the  argument  of  this 
motion,  the  attorney-general  was  asked  what  part  he  proposed  to  take  in 
the  discussion  ;  to  which  he  replied  that  he  was  counsel  of  the  people, 
and  that  he  had  no  part  in  this  action  between  the  two  other  sides  of 
this  triangular  case.  Accordingly  he  submitted  no  argument.  The 
next  proceeding  was  the  tiling  of  a  stipulation  signed  by  all  of  the  coun- 
sel agreeing  to  submit  to  the  court  whether  it  had  any  jurisdiction  to 
in([uire  beyond  the  canvass  of  the  state  board  of  canvassers,  and  their 
certificate  and  the  certificate  of  election  made  by  the  secretary  of  state, 
as  lo  the  number  of  votes  actually  given  at  the  election  for  Harstow  for 
governor,  **  the  counsel  for  the  relator  offering  to  prove  that  such  certifi- 
cates were  made  and  issued  through  mistake  and  fraud,  and  also  that 
Coles  l^ashford  at  said  election,  for  said  office  of  governor,  did  receive 
the  greatest  number  of  votes.*'  The  court  ruled  that  this  stipulation 
j)resented  no  issue  upon  which  judgment  could  be  rendered,  and  re- 
([uired  the  counsel  for  the  resjKjndent  to  ))lead  to  the  information. 
They  did  so,  simply  setting  up  the  action  of  the  state  board  of  canvass- 
ers, determining  and  certifying  that  Barstow  was  duly  elected  governor, 
and  the  issuance  to  him  of  a  certificate  of  election.  To  this  plea  the 
counsel  for  the  relator  demurred;  the  counsel  for  the  respondent  filed 
a  joinder  in  demurrer,  and  on  the  twenty-ninth  of  February,  the  argu- 
ments began.  Tliey  were  concluded  on  the  third  of  March,  and  on  the 
fourth  Chief  Justice  Wiiiton  delivered  the  opinion  of  the  court.  It  was, 
in  brief,  that  in  a  proceeding  by  ([uo  warranto  to  determine  the  rights 
of  persons  claiming  an  office,  the  court  will  go  behind  the  certificate  of 
the  canvassers,  and  ascertain  who  was  legally  elected;  for  it  is  the  elec- 
tion, and  not  the  canvass  of  votes  or  the  certificate  thereof  that  confers 
the  right;  that  the  duty  of  state  canvassers  is  mainly  ministerial  —  to 
count  the  votes  returned  and  make  a  statement  of  the  result;  they  have 
no  judicial  power  to  try  and  determine  a  contest  between  disputing 
claimants;  and  that  the  canvass  and  statement  of  the  board  of  canvass- 
ers are  prima  facie  correct,  but  their  correctness  may  be  impeached  by 


THE    BENCH    AND    BAR    OF    WISCONSIN.  4h7 

testimony ;  they  are  not  final  and  conclusive,  but  upon  inquiry  by  quo 
warranto  the  court  may  go  behind  the  certificate  of  the  canvassers,  and 
ascertain  the  fact  of  the  election.  The  demurrer  was  sustained,  and 
the  respondent  required  to  answer  over. 

The  day  fixed  for  the  filing  of  the  plea  having  arrived,  Mr.  Car- 
penter appeared  in  court  and  announced  that  the  counsel  for  the 
respondent  had  been  directed  by  their  client  to  withdraw  from  the 
cause.  At  the  same  time  he  handed  to  the  court  a  document  which 
[)roved  to  be  a  communication  from  (Governor  Barstow,  couched  in 
language  rather  more  vigorous  than  courteous.  The  governor  pro- 
tested "against  any  further  interference  with  the  department  under  his 
charge  as  governor  of  the  state,  on  the  pari  of  the  court,  either  by 
attempting  to  transfer  its  power  to  another,  or  direct  the  course  of 
executive  action";  and  declared  that  he  "should  deem  it  his  imperative 
duty  to  repel,  with  all  the  force  vested  in  this  department,  any  infringe- 
ment ui)on  the  rights  and  powers  which  he  exercised  under  the  con- 
stitution.'*    There  was  a  warlike  sound  in  his  excellency's  manifesto. 

The  subsecpient  proceedings  in  this  contest  must  be  briefly  related. 
On  the  eleventh  of  March  the  counsel  for  the  relator  moved  for  final 
judgment  on  the  default  of  the  respondent.  On  the  eighteenth  the 
attorney-general,  who,  as  has  been  stated,  was  more  than  suspected  of 
being  in  sympathy  with  (Governor  Harstow,  dismissed  the  case.  On  the 
following  day  the  court  met  to  announce  its  decision  on  the  motion  for 
judgment.  It  held  that  the  default  of  the  respondent  rendered  it  com- 
petent for  the  court  to  enter  a  judgment  of  ouster  against  the  respon- 
dent, but  that  it  was  not  wholly  clear  that  the  court  could  enter 
judgment  in  favor  of  the  relator.  It  would  therefore  require  of  the 
relator  some  |)roof  to  show  that  he  had  a  right  to  the  office.  Referring 
to  the  ac  tion  of  the  attorney-general  in  dismissing  the  case,  the  court 
held  that  it  could  not  prejudice  the  rights  of  the  relator. 

On  the  twentieth  of  March  the  court  began  to  take  testimony  to 
establish  the  claim  of  the  relator,  Hashford.  On  the  twenty-first,  (iov- 
ernor  llarstow  sent  a  communicaticMi  to  the  legislature  resigning  the 
ottic  e  of  gr)vernor.  The  lieutenant-governor.  .Arthur  McArthur,  iherc- 
uj><>n  entered  upr)n  the  duties  of  governor,  and  .sent  a  message  to  the 
legislature  annoimring  the  fact.  The  supreme  court  continued  to  hear 
the  testimony  snbmitled  on  behalf  of  the  claimant   Hashford.     Some  of 

the  eviden<  e  was  of  a  startlifig  character.     There  were  supplementary 

2H 


488  THE    HKNCH    AND    BAR    OF    WISCONSIN. 

returns  that  were  included  in  the  count  of  the  canvassers  from  Gilbert's 
Mills  and  Spring  Creek,  towns  in  different  counties,  and  over  one  hun- 
dred miles  distant  from  each  other.  It  was  observed  that  the  paper  on 
which  these  returns  were  written  was  of  the  same  kind,  a  peculiar,  small 
white  foolscap,  much  used  about  the  capitol,  but  rarely  seen  elsewhere. 
The  more  inculpatory  circumstance  was  that  the  indentions  of  the  two 
half  sheets  of  paper,  upon  which  these  returns  were  written,  upon  being 
put  together,  exactly  corresponded,  showing  that  they  had  been  origi- 
nally joined  in  one  sheet  of  paper.  It  is  historical  that  a  manufacturer 
of  returns  in  Louisiana,  by  a  masterly  achievement  won  the  approba- 
tion of  a  co-conspirator  in  the  expression,  "Well,  you  are  a  h — 1  of 
a  fellow."  There  seems  to  have  been  some  bold  hand  at  work  on 
the  Wisconsin  returns  that  was  worthy  of  no  less  warm  an  eulogium. 

The  court  rendered  judgment  on  the  twenty-fourth  of  March.  It 
was  a  judgment  of  ouster  against  the  respondent,  and  in  favor  of  the 
relator.  On  the  following  day  Governor  Hashford,  accompanied  by 
Messrs.  Howe  and  Ryan  of  his  counsel,  entered  the  executive  chamber, 
and  there  found  Acting-Governor  McArthur.  Governor  Bashford  de- 
manded possession  of  the  office.  Governor  McArthur  asked  if  force 
would  be  used.  Governor  Bashford  replied  that  it  would,  if  necessary. 
Governor  McArthur  said  that  the  threat  was  virtually  force,  and  he 
would  therefore  retire  under  protest,  at  the  same  time  rising  and  leaving 
the  room.  The  senate  at  once  recognized  Coles  Bashford  as  governor 
of  Wisconsin.  On  the  twenty-sixth,  Governor  Bashford  sent  a  message 
to  both  houses  of  the  legislature.  The  speaker  of  the  assembly  refused 
to  receive  it,  and  a  resolution,  instructing  him  to  do  so,  was  lost  by  a 
vote  of  thirty-four  ayes  to  thirty-eight  noes.  On  the  following  day 
eighteen  democrat  members  of  the  assembly  united  in  a  paper  protest- 
ing against  the  legality  of  Governor  Bashford's  incumbency,  but  inti- 
mating a  willingness  to  recognize  him  as  governor  rather  than  to 
obstruct  the  business  of  the  state  government.  A  motion  was  made  for 
the  appointment  of  a  committee  of  three  to  wait  upon  His  Excellency 
Coles  Bashford,  governor  of  Wisconsin,  and  inform  him  that  the 
assembly  was  ready  to  receive  any  communication  that  he  might  be 
pleased  to  make.  Even  the  signers  of  the  document  above  referred  to 
were  scarcely  willing  to  take  their  humble  pie  in  this  form;  but  enough 
of  the  democratic  members  refused  to  vote  to  permit  the  adoption  of 
the  motion,  and  Governor  liashford  served  the  remainder  of  the  term 
without  question  or  obstruction. 


THK    BENCH    AND    BAR    OF    WISCONSIN  480 

There  remain  to  be  related  some  facts  that  have  never  before  been 
published,  and  the  knowledge  of  which  has  been  kept  within  a  compara- 
tively small  circle.  It  must  have  occasioned  some  surprise  in  the  mind 
of  the  professional  reader  to  learn  that  after  the  court  had  affirmed  its 
jurisdiction,  and  its  power  to  go  behind  the  canvass,  the  counsel  for  the 
respondent  withdrew  from  the  case,  and  made  default,  instead  of  joining 
issue  on  the  facts.  If  the  latter  course  had  been  pursued,  they  might, 
without  serious  difficulty,  have  practiced  dilatory  tactics  until  the  expi- 
ration of  the  gubernatorial  term.  There  is  the  best  evidence  for  the 
statement  that  the  members  of  the  supreme  court  did  not  expect  to 
render  final  judgment  in  the  premises,  confidently  supposing  that  the 
policy  of  delay  would  be  adopted.  In  a  recent  conversation  with  one  of 
Governor  Barstow's  counsel,  he  was  asked  why  they  did  not  join  issue  on 
the  facts.  He  replied  that  they  had  information  that  in  that  case  the 
court  would  summon  a  jury  and  try  the  issue  summarily  there.  They 
were  certainly  misinformed,  for  Judge  Cole,  the  surviving  member  of 
the  court,  has  stated  that  if  an  issue  of  fact  had  arisen  in  the  case  it 
would  have  been  sent  below  for  trial. 

An  explanation  of  the  course  of  the  respondent's  counsel  may  be 
found  in  the  facts  about  to  be  narrated.  At  an  early  stage  of  the  pro- 
ceedings (fovernor  Barstow  applied  to  Rufus  C^hoate  for  an  opinion 
upon  the  questions  of  law  involved  in  the  contest.  It  was  forwarded ; 
and  it  may  afford  some  criterion  to  judge  of  the  amount  of  labor  be- 
stowed upon  it,  if  it  is  stated  that  Mr.  Choate  charged  and  was  paid 
$i,ooo.     The  opinion  of  that  very  eminent  jurist  was,  in  substance : 

I.  That  the  supreme  court  has  no  power  to  d*»termine  whether  the 
citizen  holding  the  office  of  governor,  is  or  is  not  lawfully  entitled  to 
that  office. 

II.  That  the  execution  of  a  judgment  of  ouster  by  the  supreme 
court  against  the  governor  would  be  none  the  less  usurpation  than  if 
the  claimant  had  seized  the  office  without  such  judgment. 

III.  That  such  an  usurpation  would  be  **  domestic  violence,"  within 
the  meaning  of  section  four,  article  four,  of  the  constitution,  and  would 
make  it  the  duty  of  the  United  States  to  interpose  its  authority. 

To  return  now  to  the  history  of  the  case:  It  will  be  remembered 
that  it  was  on  the  nineteenth  of  March  that  the  court  rendered  its 
decision  that  the  action  of  the  attorney-general  in  dismissing  the  case 
could  not  picjudice  the  rights  of  the  relator.     This  extinguished  the 


400  THE    BKNLH    AND    IJAR    OF    WISCONSIN. 

last  hope  of  Governor  Barstow  so  far  as  the  supreme  court  was  con- 
cerned. On  the  same  day  Matt.  H.  C'arpentcr  and  Samuel  Crawford, 
the  latter  being  advisory  counsel  of  Governor  Barstow,  started  for  Wash- 
ington to  procure  troops  from  President  Pierce  to  maintain  Governor  Bar- 
stow in  his  ])Osition.  It  is  not  clear  how  they  could  have  expected  to 
succeed,  in  the  absence  of  an  application  by  the  legislature,  which  was  in 
session ;  but  it  is  quite  certain  tliat  they  started  for  Washington,  and 
upon  this  mission.  They  went  to  their  respective  homes,  —  Judge 
Crawford  to  Mineral  Point,  and  Mr.  Carpenter  to  Beloit,  —  to  make 
some  needed  preparations  for  their  journey,  when  they  were  overtaken 
by  dispatches  which  rendered  their  errand  unnecessary. 

Since  their  departure  from  Madison  a  new  idea  had  dawned  upon 
the  counsels  of  Governor  Barstow  and  his  friends.  It  occurred  to  them 
that  Governor  Barstow  might  forestall  the  judgment  of  ouster  by  resign- 
ing, and  that  however  defective  his  own  title  might  be,  he  could  thus 
vest  a  clear  title  in  the  lieutenant-governor,  who  was  his  political  friend. 
Hence,  as  we  have  seen,  the  governor  sent  to  the  legislature  his  resigna- 
tion, and  Lieutenant-(iovernor  McArthur  succeeded  to  the  executive 
oftice.  But,  as  we  have  also  seen,  the  court  proceeded  as  if  nothing 
had  occurred,  and  having  established  Governor  Bashford's  right  to  the 
office,  he  was  installed. 

It  is  interesting  to  speculate  as  to  what  the  consequences  would  have 
been  if  Messrs.  Carpenter  and  Crawford  had  proceeded  on  their  mission 
and  presented  to  President  Pierce  an  application  in  due  form  for  troops 
to  protect  the  state  against  domestic  violence.  The  probability  is  that 
the  reciuisition  would  have  been  complied  with;  for  it  has  always  been 
and  must  always  he  the  tendency  of  the  national  administration  to  take 
an  enlarged  view  of  its  own  powers,  and  partisan  sympathy  would  have 
inclined  the  democratic  ])resident  to  assist  the  democratic  claimant. 
But  suppose  that  federal  troops  had  been  sent  into  the  state  to  maintain 
Governor  Barstow  in  office,  and  to  resist  the  process  of  the  supreme 
court.  Public  feeling  was  very  much  excited  at  the.  time,  as  a  single 
incident  will  illustrate:  On  the  night  before  the  supreme  court  was  to 
render  its  fmal  decision,  .Associate  Justice  Cole  was  awakened  by  a  loud 
ta])pin<;  at  his  window.  He  aiose,  and  opening  the  blinds,  found  there 
a  friend,  who  seriously  advised  him  not  to  go  in  with  the  court  on  the 
following  day,  as  they  would  certainly  be  mobbed.  If  the  supporters  of 
Gow  rnor  Marstow  were  ready  for  expedients  of  so  desperate  a  charac* 


THK    BENCH    AND    BAR    OF    WISCONSIN.  41)1 

ter,  the  republicans  were  no  less  determined,  and  they  were  peculiarly 
jealous  of  the  federal  authority  at  that  time  on  account  of  a  recent 
instance  of  the  enforcement  of  the  fugitive  slave  law  in  the  state. 

Altogether  it  may  be  regarded  as  a  fair  inference  from  the  conditions 
existing  that,  if  United  Slates  troops  had  entered  the  state  for  the  pur- 
pose of  resisting  the  execution  of  the  judgment  of  ouster  against  (Gover- 
nor Barstow,  a  collision  would  have  resulted  and  other  calamitous  conse- 
quences that  the  imagination  can  scarcely  compass.  It  must  therefore  be 
regarded  as  a  subject  for  congratulation  that  a  governmental  machinery 
within  the  state  was  permitted  to  settle  the  contest;  and  justice  seems  to 
demand  that  some  credit  be  allotted  to  the  people  of  Wisconsin,  which 
was  then  looked  upon  as  the  western  border  of  our  civilization,  who,  not- 
withstanding the  intense  feeling  that  prevailed,  the  possibilities  of  obstruc- 
tion and  confusion  resulting  from  the  possession  of  different  branches  of 
the  government  by  opposing  political  parties,  and  all  the  circumstances 
tending  to  embroil  the  controversy,  acquiesced  in  its  adjudication  by 
the  supreme  court  of  the  state  without  turmoil  or  violence. 

THK    IMPKACHMF.NT    OF    JUDOK    LEVI    HUBBELL. 

It  was  during  the  session  of  the  legislature  in  the  winter  of  1853  that 
the  state  was  shaken  from  center  to  circumference  with  the  impeachment 
trial  of  Judge  Hubbell.  The  democratic  party  held  at  that  time  full 
sway  in  the  state  and  legislature.  Judge  Hubbell  was  a  democrat,  and 
a  singular  feature  in  the  case  was  that  his  prosecutors  were  those  of  his 
own  political  household. 

Levi  Hubbell  was  a  popular  man.  He  possessed  a  fine  personal 
a[)pearancc  and  much  suavity  of  manner.  He  was  for  the  second  time 
a  widower.  Hence  the  more  ready  suspicion  of  immoral  practices  as 
charged  in  the  trial. 

William  K.  Wilson,  of  Milwaukee,  led  off  in  preparing  the  charges 
brought  to  bear  on  Judge  Hubbell.  Wilson  had  been  once  a  member 
of  the  assembly,  and  member  of  the  senate  two  terms,  and  was  at  the 
time  a  conspicuous  man  and  politician.  He  was  not,  however,  a  mem- 
ber of  either  house  when  this  trial  was  instituted.  It  is  not  known  what 
special  grievance  Mr.  Wilson  entertained  against  Judge  Hubbell  at  that 
period  unless  it  be  that,  shortly  before  that  time  the  judge  was  presiding 
in  a  murder  trial  at  Milwaukee;  the  case  created  much  local  excitement; 
Wilson  was  foreman  of  the  jury,  and  when  the  verdict  was  rendered  "not 


VyZ  TIIK    HKNCII    AND    BAR    OF    WISCONSIN. 

guilty,**  the  judge  made  the  deprecating  remark  to  the  jurors:  '* Gentle- 
men, may  the  I.ord  have  mercy  on  your  consciences."  This  greatly 
offended  Wilson.  In  justice  to  the  judge  it  should  be  said,  however, 
that  it  subsequently  transpired  that  the  prisoner  had  committed  the 
crime,  and  had  confessed  it  to  his  counsel  during  the  progress  of  the 
trial. 

During  the  early  days  of  the  session  it  became  rumored  around  the 
capital  that  an  impeachment  case  was  to  be  sprung  upon  the  legislature; 
yet,  few  people  suspected  who  the  official  was  that  would  be  aimed  at. 
Shortly,  however,  on  January  26,  a  bomb  shell  burst,  so  to  speak,  in  the 
assembly,  by  the  introduction  of  the  following  communication,  addressed 
to  the  speaker,  and  signed  by  W.  R.  Wilson : 

The  undersigned,  a  citizen  and  elector  of  this  state,  hereby  charges 
the  Hon.  Levi  Hubbell,  judge  of  the  second  judicial  circuit  of  this  state, 
with  having  committed  and  being  guilty  of  high  crimes  and  misde- 
meanors, and  malfeasances  in  office,  and  has  so  acted  in  his  judicial 
capacity  as  to  re(iuire  the  interposition  of  the  constitutional  power  of 
the  assembly.  I  therefore  retpiest  you  to  lay  this  communication  before 
your  honorable  body,  so  that  an  investigation  can  be  made,  to  enable 
the  assembly  to  determine  whether  or  not  the  constitutional  power  of 
the  assembly  ought  to  be  exercised  in  regard  to  the  Hon.  Levi  Hubbell. 

Many  able  and  prominent  men  were  members  of  that  body.  Henry 
L.  Palmer,  of  Milwaukee,  occupied  the  s])eaker's  chair.  Immediately 
u])(»n  the  reading  of  the  resolution,  excitement  rose  to  a  high  pitch,  and 
after  several  days  of  active  skirmishing  the  resolution  was  adopted. 
Articles  of  impeachment  were  prepared  by  a  select  committee,  sent  to 
the  senate  Mar(  h  5,  and  managers  of  the  cause  appeared  in  that  body 
in  behalf  of  tiie  assembly.  They  consisted  of  H.  T.  Sanders,  G.  W. 
('ale,  J.  A.  Barber,  P.  1>.  Simpson  and  E.  Wheeler.  They  presented  the 
artic  les  of  impeac  hment  in  due  form,  and  the  contest  opened.  The 
trial  did  not  commence,  however,  until  June  6,  the  legislature  having,  at 
the  cl(»se  of  its  annual  session,  adjourned  to  that  day  that  the  senate 
might  sit  as  a  court  of  impeachment,  and  that  the  parties  might  have 
time  to  amply  prej)are  for  the  great  contest.  The  lieutenant-governor 
being  absent,  I)uncan  ('.  Reed,  the  president  of  the  senate,  presided. 
John  K.  Williams  and  (loorge  W.  Paul  were  the  clerks.  The  senators 
were  :  N.  Smith,  J.  S.  Alban,  A.  M.  lilair,  H.  S.  Weil,  E.  M.  Hunter,  D. 
('.  Reed,  J.  \V.  Cary,  J.  R.  Siiarpstein,  (>.  R.  McLane,  M.  H.  Bovee,  T. 


THK    BKNCH    AND    IIAR    OF    WISCONSIN.  VX\ 

T.  Whittlesey,  E.  Wakeley,  C.  Dunn,  A.  Stewart,  L.  Sterling,  J.  W.  Sea- 
ton,  E.  Miller,  J.  R.  Briggs,  Jr.,  B.  Allen,  B.  Pinkney,  C.  Bashford,  J. 
Prentice,  D.  S.  Vittum,  T.  S.  Bowen  and  J.  T.  Lewis.  All  of  these  were 
in  their  seats.  Both  sides  retained  counsel.  The  assembly  managers 
brought  in  E.  G.  Ryan  to  their  aid.  The  chief  management  of  the 
prosecution  fell  upon  him.  It  was  here  that  this  afterward  eminent 
jurist  first  displayed  the  ability,  learning  and  elo<iuence  that  made  him 
the  acknowledged  head  of  the  legal  profession  in  the  state,  and  which 
elevated  position  he  held  during  his  life. 

On  the  part  of  Judge  Hubbell,  Jonathan  E.  Arnold  and  J.  U.  Knowl- 
ton  were  retained.  Mr.  Arnold  stood,  at  the  time,  without  a  peer  before 
a  court  and  jury  in  legal  learning,  tact  and  elociuence.  Judge  Knowlton 
was  a  powerful  legal  light  of  that  day.  These  lawyers  had  before  them 
in  the  members  of  the  senate,  men,  many  of  whom  were  then  eminent 
in  the  state,  and  others  who  subsequently  became  so.  The  political 
parties  of  that  day  were  whig  and  democrat.  With  members  of  the 
senate  the  latter  predominated.  The  trial  lasted  twenty-six  days,  and 
drew  a  large  concourse  of  people  to  the  capital,  and  densely  crowded 
the  senate  chamber  during  all  the  days  of  the  trial,  and  swarmed  all 
through  the  capitol.  Upon  the  opening  of  the  court  one  morning  at  the 
trial,  the  clerk,  on  reading  the  printed  minutes  of  the  preceding  day, 
read  persecution  instead  of  prosecution,  which  caused  a  general  laugh 
throughout  the  chamber.  This  nettled  Judge  Ryan,  who  arose  at  once 
and  gave  a  severe  and  eloquent  philippic  against  what  he  chose  to  look 
upon  as  an  insult  to  the  prosecution.  It  turned  out  that  the  change  in 
the  word  was  purely  a  typographical  error,  as  since  vouched  for  by  Mr. 
Paul,  the  assistant  clerk,  but  opportunity  was  afforded  whereby  Judge 
Ryan  displayed  his  wonderful  ability  to  pour  forth  a  torrent  of  vindic- 
tive eloquence  upon  an  unimportant  matter,  and  which  was  wholly  un- 
premeditated ;  but,  then,  such  was  the  height  of  feeling  aroused  on  the 
occasion  of  this  trial  that  every  incident  connected  with  its  progress 
was  magnified  in  the  excited  minds  of  those  present,  whether  members 
of  the  court,  or  si)ectalors.  The  entire  proceedings  of  the  trial,  the 
addresses  of  the  counsel  in  full  included,  were  published,  occupying  an 
octavo  volume,  a  copy  of  which  is  now  rare.  It  is  the  general  opinion 
with  the  lawyers,  in  Milwaukee,  at  least,  that  the  friends  of  Judge  Hub- 
bell  gobbled  up  every  volume  they  could  lay  hands  upon.  Many  law- 
yers having  taken  the  book  to  their  houses  for  more  safe  keeping,  but 


404  THK    HF.NCH    AND    BAR    OF    WlSlJONSIN. 

on  hunting  them  up,  subsLMjucntly,  find  thcin  missing.  The  book  is 
thought  of  special  value,  not  only  as  a  model  of  the  form  of  such  pro- 
ceedings in  its  several  steps,  but  for  the  able  and  eloquent  addresses  it 
contains  of  the  eminent  counsel  who  argued  the  cause  on  either  side. 

There  were  eleven  charges  with  sixty-four  specifications.  Four  of 
these  charges  had  relation  to  bribery,  five  to  partiality,  one  charged  him 
with  embezzlement,  and  still  another  with  tyrannical  usurpation  of 
authority. 

Under  the  head  of  bribery  were  four  charges.  In  the  first  two  the 
judge  was  accused  of  adjudicating  in  tlie  case  of  suitors  in  the  courts 
upon  pecuniary  or  oilier  comi)ensation.  In  the  latter  two,  adjudicating 
in  the  courts  upon  causes  in  which  he  was  personally  interested. 

The  first  charge  details  that  a  suit  was  instituted  in  the  circuit  court 
of  Milwaukee  county,  and  the  judge,  Levi  Hubbell,  permitted  William 
Sanderson,  one  of  the  defendants,  to  consult  with  him  on  the  subject 
matter  of  said  suit ;  and  afterward  upon  a  traverse  of  the  affidavit  upon 
which  the  attachment  was  executed,  which  had  been  tried  without  a" 
jury  and  submitted  to  him,  the  judge  revealed  to  Sanderson  that  he 
would  decide  it  as  he,  Sanderson,  was  interested  that  it  should  be  de- 
cided ;  and  thereupon  solicited  a  loan  of  money  from  Sanderson,  and 
obtained  the  same  without  giving  any  voucher,  or  making  any  agreement 
as  to  repayment;  and  within  two  days  thereafter  the  issue  of  fact  was 
desided  as  Sanderson  desired.  It  was  charged  that  when  prosecution 
was  threatened  before  the  constitutional  tribunal  a  voucher  was  given, 
but  the  sum  of  money  remained  unrepaid. 

Charge  third  ac(  used  the  judge  of  using  his  judicial  station  and  in- 
lluence  for  the  purpose  of  indu(  ing  females  interested  in  suits  before  his 
court  to  submit  themselves  lo  be  debauched  by  him.  To  it  there  were  four 
s|)ecifications.  The  two  remaining  charges  in  a  moral  aspect  came  under 
the  head  of  bribery.  In  the  first  of  these  charges  the  judge  was 
accused  of  |)residing  and  adjudicating  in  tlie  courts  in  causes  in  which 
he  was  pecuniarily  interested.  It  was  specified  that  the  judge  being  the 
owner  of  a  certain  promissory  note  given  by  one  Joseph  O.  Humble,  did 
cause  a  suit  to  be  instituted  in  the  circuit  court  of  Milwaukee  county, 
wherein  lie  was  the  presiding  judge,  for  the  collection  of  the  said  prom- 
issory note  in  the  name  of  one  Wallace  W.  Graham,  as  plaintiff  against 
Humble,  and  did  render  judgment  therein  in  favor  of  Graham.  The 
second  charge  accused  the  judge  of  presiding  and  adjudicating  in  the 
courts  in  causes  wherein  he  had  |)ersonally  acted  as  attorney. 


THE    BKNCH    AND    BAR    OF    WISCONSIN.  40.") 

The  charge,  of  tyrannical  usurpation  of  authority,  differed  some- 
what from  all  the  other  charges.  It  specified  that  an  individual  having 
been  convicted  in  Dane  county  for  an  assault  with  intent  to  kill.  Judge 
Hubbell  sentenced  the  individual  so  convicted  to  pay  a  fine  of  two  hun- 
dred dollars,  when  the  statute  makes  that  crime  a  penitentiary  offense. 

One  charge  accuses  Judge  Hubbcll  of  embezzling  the  money  of 
suitors  in  the  court.  It  was  specified  that  in  a  certain  cause  in  chancery 
pending  in  the  circuit  court  of  Dane  county  the  judge  ordered  a  certain 
sum  of  money  in  controversy  to  be  j)aid  to  the  clerk  of  said  court,  and 
afterward  did  himself  obtain  and  use  the  same  until  the  final  determina- 
tion of  said  cause. 

The  remaining  five  charges  had  relation  to  alleged  partiality  on  the 
^)art  of  Judge  Hubbell.  In  the  first  charge  under  this  head  he  was 
accused  of  being  partial  in  giving  judicial  advice  and  making  judicial 
promises,  as  was  instanced  in  the  case  of  the  attorney-general  against 
the.  Wisconsin  Marine  and  Fire  Insurance  Company  and  Ale.xander 
Mit<  hell,  in  which  Judge  Hub])ell  did  confer  with  Alexander  Mitchell 
whether  to  obey  an  injunction  in  the  said  cause,  and  averred  that  he, 
as  judge,  would  dissolve  the  same. 

The  second  charge  alleged  that  Judge  Hubbell  had  conducted 
him.self  with  unjust  partiality  to  particular  suitors  in  the  courts. 

In  the  third  charge  he  was  accused  of  being  partial  in  the  exercise  of 
his  judicial  functions,  as  was  specified  in  the  case  of  his  ordering  a  new 
trial  without  sufficient  cause,  and  without  argument  heard  by  him  in 
court. 

In  the  fourth  charge  he  was  accused  of  being  partial  in  that  he  had 
allowed  himself  to  be  improperly  approached,  consulted  and  influenced 
out  of  court  on  the  subject  of  suits  pending  in  the  circuit  court  of  his 
circuit. 

The  fifth  and  last  charge  was  that  Judge  Hubbell  had  officiously 
interfered  and  advised  upon  the  subject-matter  of  suits  pending  in  the 
circuit  and  supreme  courts  of  the  state. 

On  the  first  <  harge  ten  of  the  jurymen  voted  for  conviction  and  four- 
teen for  a(  quitlal.  Of  all  the  ( harges  relating  to  bribery  this  was  the 
one  on  which  Judge  Hubbell  came  the  nearest  to  being  convi<.ted. 
From  the  iliird  article  of  the  charge  Judge  Hubbell  was  almost  unani- 
mously acNjuitted.  From  the  fifth  charge  and  all  its  specifications  the 
judge  was  unanimously  ac(}uitled.       From  the  sixth  charge  of  partiality 


VM)  THK    BENCH    AND    BAR    OK    WISCONSIN. 

only  six  of  the  jurymen  voted  for  conviction.  From  the  eighth  charge 
the  judge  v/as  acquitted,  and  it  related  to  an  alleged  private  and  inde- 
cent interview  with  a  Mrs.  Howe  concerning  an  indictment  against  her 
husband  for  perjury. 

Able,  elaborate  and  eloquent  arguments  were  made  in  the  case  by 
Edward  G.  Ryan  on  one  side,  and  Jonathan  E.  Arnold  and  James  H. 
Knowlton  on  the  other,  closing  with  a  brief,  terse  and  feeling  address 
by  Judge  Hubbell. 

At  the  close  of  the  trial  each  specification  in  each  of  the  charges 
was  voted  upon  separately,  which  having  been  completed  the  president 
of  the  senate  announced  that  Levi  Hubbell,  Judge  of  the  Second  Judi- 
cial Circuit,  is  hereby  declared  by  this  Court,  not  guilty  of  the  charges 
of  corruj)t  conduct  in  office,  nor  of  crimes  and  misdemeanors,  as  charged 
in  the  articles  and  specifications  exhibited  against  him  by  the  Assembly 
of  the  State  of  Wisconsin. 

THE    KinNAPPINi;    AND    RESCUE    OF    THE    SLAVE    GLOVER. 

Future  generations  will  scarcely  be  enabled  to  realize  to  its  full  ex- 
tent the  widespread  antagonistic  feeling  that  pervaded  the  people  of  the 
states  in  which  slavery  did  not  exist  upon  the  enactment  by  the  United 
States  congress  in  1850,  of  the  famous  fugitive  slave  law,  the  pro- 
visions of  which  compelled  state  authorities  and  individual  citizens, 
when  called  ui)on,  to  seize  slaves  lleeing  from  southern  bondage,  and 
return  them  to  their  masters.  Several  northern  states  declared  the  law 
unconstitutional,  and  radical  abolitionists  innumerable  stood  ready  to 
set  the  law  at  defiance.  Refugees  iled  to  the  north  in  greater  numbers 
than  ever,  and  in  various  localities  people  came  in  direct  contact  with 
the  authorities  of  the  general  government  when  the  latter  were  attempt- 
ing to  enforce  the  federal  laws  by  returning  captured  fugitives  to  bon- 
dage. In  the  Booth-(il()ver  case  the  drama  opens  at  Racine.  Just 
before  dusk  on  Friday  evening,  March  10,  1854,  Charles  Cotton,  John 
Kearney  and  I).  F.  Houghton,  accompanied  by  four  other  persons, 
started  from  the  city  with  two  teams  and  drove  to  within  twenty  rods  of 
Clover's  house,  where  they  left  the  horses  and  wagons  and  proceeded 
on  foot.  Within  the  house  were  Glover,  Nelson  Turner,  and  William 
Abby,  all  colored,  sealed  at  a  table,  playing  cards.  When  the  knock 
was  heard  at  the  door  Clover  cried  out,  *' don't  open  it  until  we  know 
who  they  are,'*  but  Turner  immediately  went  to  the  door  and  unbolted 


THE    HKNCH    AND    BAR    OF    WISt.ONSlN.  407 

it.  Kearney  rushed  into  the  room  with  a  bludgeon  and  dealt  (ilover  a 
blow  on  the  head,  which  brought  him  down.  A  desperate  struggle 
ensued.  Three  men  were  unable  to  put  irons  on  Glover,  and  even 
when,  with  the  help  of  others  they  had  succeeded,  he  broke  the  mana- 
cles from  his  wrists.  Abby  fled.  Turner  was  placed  in  the  wagon  with 
Glover  without  resistance,  and  brought  two  miles  toward  the  city  when 
he  got  out. 

The  news  of  the  capture  of  Glover  soon  spread  throughout  Racine. 
The  citizens  were  thoroughly  aroused  during  the  night  of  the  event,  and 
incjuiries  were  immediately  made  of  Kearney  concerning  his  authority 
for  the  arrest.  At  first  the  questions  met  with  flat  denials  of  the  deed, 
but  subsequent  developments  necessitated  a  change  of  attitude  on  the 
part  of  the  aggressors.  It  became  known  that  the  alleged  owner  of 
(ilover,  a  fugitive  from  slavery,  resided  near  St.  Louis,  and  had  deemed 
it  more  prudent  to  eff"ect  the  man's  return  by  sudden  force  than  by 
an  appeal  to  the  courts,  inasmuch  as  this  region  was  anti-slavery  in 
general  sentiment,  or,  at  least,  did  not  approve  of  the  fugitive  slave  law 
of  1850.  The  owner,  therefore,  obtained  a  warrant  from  a  Milwaukee 
judge  for  the  arrest  of  Glover,  in  order  that  the  capture  of  the  negro 
might  have  .some  semblance  of  authority.  Armed  with  this  document, 
the  band  of  kidnappers  repaired  to  Glover's  house,  and  with  the  mani- 
fest assistance  of  Turner,  who  ai)pears  to  have  been  a  false  friend  of 
Glover,  successfully  carried  out  their  designs  upon  the  liberty  of  the  es- 
caped bondman.  On  Saturday  morning  the  news  was  received  that 
(ilover  was  incarcerated  in  the  jail  at  Milwaukee.  This  announcement 
was  the  one  thing  needed  to  ignite  the  smouldering  tempers  of  the  peo- 
ple. The  largest  public  meeting  ever  held  in  the  place  immediately 
assembled  to  protest  against  the  outrage,  and  devise  ways  and  means  of 
rescuing  the  arrested  refugee.  Resolutions  were  unanimously  adopted, 
demanding  that  a  fair  trial  be  accorded  to  the  alleged  fugitive  slave. 
The  peo[)le  again  assembled  early  in  the  afternoon,  and  resolved  to  send 
a  delegation  to  Milwaukee,  to  carry  into  eflect  the  resolutions  adopted 
at  the  morning  meeting.  A  steamer,  on  her  regular  trip,  was  to  leave 
in  the  afternoon  for  Milwaukee,  and  about  one  hundred  excited  citizens 
literally  took  possession  of  the  boat  in  their  eagerness  to  give  their 
moral  support  to  the  work  in  hand,  and  went  on  her  to  that  city.  The 
scene  now  changes  to  Milwaukee. 

At  the  time,  Sherman   M.  Booth  was  publishing,  at  Milwaukee,  the 


40S  TIIK    riblNCH    ANM)    iiAR    OF    WISCONSIN. 

the  daily  Free  Democrat,  which  was  the  or^an  of  the  radical  anti-slavery 
element  of  the  day  in  Wisconsin.  As  editor  of  this  paper  he  wielded  *'  a 
vigorous  pen,  with  a  fertile  and  strong  brain,  and  assumed  the  attitude 
of  leader  in  tlic  van  of  the  abolition  party.  So  positive  an  organ,  so 
unyielding  an  opponent,  made  enennes.  The  timid  followers  in  his  own 
army  sometimes  felt  the  lash,  and  never  forgot  it.  But  admirers  and 
friends  were  numerous ;  energy,  enthusiasm  and  zeal  always  command 
the  admiration  of  the  people,  and  Booth  wielded  a  powerful  influence." 
This  was  the  status  of  one  of  the  chief  actors  in  the  drama.  "At  nine 
o'clock  A.M.,  March  ii,  1S54,  Mr.  Booth  received  a  telegram  from  the 
mayor  of  Racine,  stating  that  a  negro,  named  Joshua  Glover,  had  been 
kidna|)ped  near  that  city  by  Deputy-Marshal  Cotton,  the  night  previous, 
and  asking  him  to  ascertain  if  a  warrant  had  been  issued  in  Milwaukee 
for  that  purpose.  On  incjuiry,  Cotton  denied  all  knowledge  of  the  sub- 
ject, but  Judge  Miller  said  a  warrant  had  been  issued,  but  that  whether 
Clover  had  been  arrested,  or  would  be  tried  before  him,  if  arrested,  he 
could  not  tell.  The  judge  expatiated  on  the  liability  of  the  marshal, 
should  the  slave  escape,  and  h()|)ed  there  would  be  no  exciteitient.  Mr. 
}>ooth  only  asked  that  there  might  be  a  fair  and  open  trial,  and  that 
Clover  might  be  permitted  counsel.  He  soon  learned  that  Glover  was 
in  jail,  brought  here  about  eight  o'clock  that  morning,  bruised  and 
bloody,  with  marks  of  brutal  treatment.  He  at  once  issued  small  bills, 
stating  the  facts,  and  asking  the  citizens  to  watch  the  jail,  marshal  and 
court,  as  it  was  feared  Clover  would  be  sj)irited  away.  Writs  of  habeas 
corj)us  were  issued  directed  to  both  the  sheriff  and  marshal.  Another 
(lisj)atch  from  Racine  at  twelve,  noon,  stated  that  a  grand  meeting  was 
held  there  and  strong  resolutions  adopted.  These  proceedings  he 
issued  in  another  extra.  At  one  o'clock  r.M.  the  excitement  was  great, 
as  it  was  re|)()rted  that  (ilover  was  to  be  brought  before  Judge  Miller, 
and  delivered  u\)  to  his  claimant  at  two  o'clock.  It  was  thought  best 
to  have  a  |)ul)lic  meeting,  and  as  there  was  no  other  way  to  give  notice, 
iJooth  mounted  a  dark,  blazed-face  horse,  and  full-bearded,  bald-headed, 
and  in  trumpet  tones,  riding  through  the  ])rincij)al  streets,  cried :  **  Free- 
men to  the  rescue!  "  and  calling  on  the  citizens  to  meet  in  the  court- 
house scjuare  at  two  o'clock.  The  people  gathered  in  great  numbers. 
Dr.  K.  W.  Wolcott  was  made  chairman.  Mr.  Booth  explained  the 
position  of  aflairs,  read  the  dispatches  from  Racine,  and,  as  chairman  of 
a   comniittee,  presented    resolutions,  reciting   the    facts,  and    pledging 


THE    BENCH    AND    BAR    OF    WISCONSIN.  499 

themselves  to  do  their  utmost  to  secure  to  Glover  the  benefit  of  the 
writ  of  habeas  corpus,  and  a  fair  and  impartial  trial  by  jury.  The  dig- 
nity of  the  crowd,  in  numbers,  at  least,  impressed  the  authorities  of 
Milwaukee  with  the  earnestness  of  its  intentions  to  rescue  the  prisoner, 
and  the  military  was  called  out,  but  did  not  respond  to  the  summons. 
Inflammatory  speeches  were  made,  a  vigilance  committee  of  twenty- 
five  was  appointed,  and  also  a  committee  of  two,  to  wait  on  Sheriff  Page, 
and  ascertain  if  he  would  obey  the  writ  of  habeas  corpus;  and  the 
meeting,  apparently  united  as  the  heart  of  one  man,  adjourned,  to  meet 
at  the  ringing  of  the  bells.  At  three  p..m.  the  sheriff  made  returns  that 
Glover  was  not  in  his  custody,  but  in  the  custody  of  the  United  States 
marshal.  .\  writ  of  habeas  corpus  was  then  served  on  Deputy -Marshal 
Cotton,  and  a  committee,  of  which  C.  K.  Watkins  was  chairman, 
waited  on  Judge  Miller,  to  see  if  the  writ  would  be  obeyed.  Judge 
Miller  answered  that  it  would  not, —  that  Glover  would  remain  in  jail 
till  ten  A.M.,  on  Monday,  when  he  would  be  brought  before  him  for  a 
hearing.  At  five  p.m.  a  hundred  delegates  from  Racine,  headed  by  the 
sheriff  of  tfie  county,  with  a  warrant  for  the  arrest  of  Garland  and  Cot- 
ton, for  an  assault  and  battery  on  Glover,  landed  on  the  steamboat 
wharf  and  marched  to  the  jail.  The  bells  were  rung  and  the  people 
assembled.  .Mr  Hooth  explained  to  the  delegation  what  had  been  done, 
denounced  the  fugitive  slave  act,  but  counseled  the  people  against  vio- 
lence. Mr.  Watkins  reported  that  Judge  Miller  had  decided  that  the 
writ  of  habeas  corpus  should  not  be  obeyed,  and  that  no  earthly  power 
should  take  Glover  from  the  jail  until  Monday.  Watkins  said  it  was  an 
outrage  to  keep  Glover  in  jail  over  the  Sabbath, —  there  were  times 
when  the  people  must  take  the  law  into  their  own  hands,  and  whether 
the  present  was  such  a  time  the  people  must  judge;  he  would  give  no 
advice  on  that  |)oint.  After  a  conference  with  members  of  the  vigilance 
committee,  and  of  the  Racine  delegation,  it  was  decided  to  repair  at 
once  to  the  American  House,  take  tea,  and  consult  as  to  the  best  course 
to  be  pursued.  Mr.  Hooth  made  the  announcement  publicly,  when  the 
crowd  made  a  rush  for  the  jail,  and  in  fifteen  minutes  Glover  was 
liberated,  put  in  a  wagon,  carried  out  of  the  city  with  swift  horses,  on 
the  western  road,  followed  by  pursuers  on  horseback,  in  carriages,  and 
even  on  foot ;  but  eluding  them  all,  he  was  driven  safely  into  Waukesha 
late  in  the  evening.  Here  he  was  secreted  by  sympathizers,  taken  in 
the  night  to  Racine,  where  he  was  put  on  board  of  a  vessel,  and  landed 
safely  in  (Canada. 


OOO  THE    HKNCH    AND    liAR    OF    WISCONSIN. 

Sheriff  Morrison,  of  Racine,  arrested  Garland  for  assault  and  battery 
on  Glover,  the  same  evening,  and  Judge  Miller  issued  a  writ  of  habeas 
corpus  to  the  sheriff,  and  on  the  following  Monday,  he  discharged  Gar- 
land on  a  hearing,  deciding  that  until  (varland  excepted  his  writ  and 
obtained  his  slave,  he  could  not  be  interfered  with  by  any  legal  process 
by  the  state,  and  that  in  the  execution  of  his  slave  warrant  he  was  justi- 
fied in  using  any  violence,  even  to  the  taking  of  life,  if  necessary,  to 
secure  his  slave,  and  that  no  state  process  could  interrupt  such  violence. 
On  March  15,  Mr.  Booth  was  first  arrested  by  Marshal  Ableman,  and 
brought  before  United  States  Commissioner  Winfield  Smith.  The  ex- 
amination was  postponed  until  March  21,  when,  after  three  days*  exami- 
nation and  trial,  he  was  held  in  the  sum  of  two  thousand  dollars,  to 
answer  any  bill  of  indictment  prepared  against  him  at  the  July  term  of 
the  United  States  district  court.     Dr.  Wunderly  became  his  bail. 

On  the  twenty-fifth  of  March  Mr.  Booth  was  sued  by  B.  S.  Garland, 
of  Missouri,  for  the  value  of  his  slave  and  damages,  claimed  at  two 
thousand  dollars.     J.  E.  Arnold  was  counsel  for  the  plaintiff. 

Soon  after  this,  Mr.  Booth  was  surrendered  by  his  borfdsmen.  A 
writ  of  habeas  corpus  was  granted  by  Judge  A.  D.  Smith,  of  the  state 
supreme  court,  and  after  argument  on  the  case  he  was  discharged  on  the 
ground,  first,  that  the  commitment  was  insufficient;  secondly,  that  the 
fugitive  slave  act  of  1850  was  unconstitutional,  because  congress  has  no 
power  to  legislate  for  the  recapture  of  fugitive  slaves,  and  because  that 
act  annuls  the  writ  of  habeas  corpus  and  right  of  trial  by  jury. 

The  case  was  appealed  to  the  full  bench  of  the  supreme  court  at  the 
July  term,  and  after  a  full  and  able  argument,  the  court  unanimously 
affirmed  the  order  for  his  discharge;  Justice  Crawford  dissenting  from, 
and  Chief  Justice  Whiton  concurring  in,  the  opinion  of  Justice  Smith, 
that  the  fugitive  slave  act  was  unconstitutional. 

In  the  meantime  the  United  States  district  court  was  in  session,  and 
a  bill  of  indictment  was  found  against  Mr.  Booth  and  others,  and  Booth 
was  arrested  in  July,  the  day  after  his  return  from  Madison.  He  offered 
the  same  person,  Dr.  Wunderly,  as  bail,  but  the  judge  refused  to  accept 
him,  though  he  offered  to  qualify  in  twenty  times  the  sum  demanded, 
on  the  ground  tliat  he  had  before  surrendered  him.  Mr.  Booth  declined 
to  give  other  bail,  went  to  jail,  and  applied  again  to  the  supreme  court 
for  a  writ  of  habeas  c  orpus,  which  was  denied,  on  the  ground  that  the 
United  Stales  jurisdic  tion  had  attached,  and  that  comity  required  the 


THE    BENCH    AND    BAR    OF    WISCONSIN. 


501 


State  court  to  presume  that  the  district  court,  on  hearing,  would  pro- 
nounce the  fugitive  slave  act  unconstitutional,  and  discharge  him ;  and 
that  it  could  not  interfere  while  the  case  was  pending  in  the  federal 
court.  The  news  of  the  refusal  of  the  writ  caused  much  excitement, 
and  a  rescue  being  apprehended.  Marshal  Ableman  went  to  the  jail  and 
offered  to  accept  the  same  bail  which  Judge  Miller  had  refused  before, 
and  urged  it  with  some  pertinacity,  offering  to  go  after  Dr.  Munderly 
himself;  and  finally,  with  some  reluctance,  Hooth  consented,  and  was 
released  at  eight  o'clock  Saturday  evening,  having  been  in  prison  ten 
days  and  six  hours.  A  special  term  of  the  United  Slates  district  court 
was  held  in  November,  for  the  purpose  of  trying  the  Glover  rescue 
cases;  but  Mr.  Booth  being  confined  with  a  severe  attack  of  typhoid 
fever,  his  case  was  postponed ;  but  John  Rycraft,  indicted  with  him  for 
the  same  offense,  was  tried  and  convicted ;  but  an  appeal  to  the  supreme 
court  discharged  him  on  a  technicality.  At  the  January  term  Mr.  Booth 
was  put  on  trial.  The  motion  of  his  counsel  that  the  indictment  should 
be  set  aside,  on  the  ground,  as  shown  by  the  affidavits  of  four  witnesses, 
that  two  of  the  grand  jury  which  had  indicted  him  were  strongly  preju- 
diced against  the  defendant,  and  had  expressed  themselves  in  favor  of 
his  conviction,  was  overruled.  The  trial  lasted  five  days,  and  was 
marked  by  a  rather  bitter  spirit  against  the  defendant ;  the  district 
attorney  being  aided  by  one  of  Mr.  Booth's  strongest  personal  and 
political  enemies.  Under  instruction  of  the  court,  the  jury  brought  in 
a  verdict,  at  nine  o'clock  Saturday  night,  after  deliberating  seven  hours, 
of  not  guilty  on  the  first  three  counts,  of  resisting  United  States  pro- 
cess, and  of  guilty  on  the  last  two  counts,  of  aiding  Joshua  (ilover  to 
escape.  The  judge  charged  the  jury  that  the  fact  alone  that  Mr.  Booth 
drew  up  and  presented  to  the  meeting  at  the  court  house  the  following 
resolutions  was  sufficient  to  convict  him : 

As  citizens  of  Milwaukee,  that  every  person  has  an  indefensible 
right  to  a  fair  and  impartial  trial  by  jury  on  all  questions  involving  per- 
sonal liberty. 

That  the  writ  of  habeas  corpus  is  the  great  defense  of  freedom,  and 
that  we  demand  for  this  prisoner,  as  well  as  for  our  own  protection,  that 
this  sacred  writ  shall  be  obeyed. 

That  we  pledge  ourselves  to  stand  by  this  prisoner,  and  do  our 
utmost  to  secure  for  him  a  fair  and  impartial  trial  by  jury. 

The  following  resolution  was  adopted  by  three  of  the  jurors: 


^iO'l  Till.:  r.KNcH  ANr)  t.ar  of  Wisconsin. 

That  while  we  feel  ourselves  bound  by  a  solemn  oath  to  perform  a 
most  painful  duty,  in  declaring  the  defendant  guilty  of  the  above  charge, 
and  thus  making  him  liable  to  the  penalties  of  a  cruel  and  odious  law, 
yet  at  the  same  time,  in  so  doing,  we  declare  that  he  performed  a  noble, 
benevolent  and  humane  act,  and  we  thus  record  our  condemnation  of 
the  fugitive  slave  law,  and  earnestly  commend  him  to  the  clemency  of 
the  court. 

On  January  15  motions  were  made  for  arrest  of  judgment  and  for  a 
new  trial,  on  the  ground  of  the  insufliciency  of  the  indictment  and  proof, 
and  the  prejudice  of  jurors,  and  atVidavits  of  eight  responsible  witnesses 
were  ofl'ered  ])roving  that  two  of  the  jurors  who  convicted  him  had  de- 
clared, ])revious  to  the  trial,  that  he  ought  to  be  convicted.  Hut  the 
motion,  after  argument,  was  overruled,  and  on  January  23  Mr.  Booth  was 
sentenced*to  one  month's  imprisonment  and  to  pay  a  fine  of  one  thou* 
sand  dollars  and  four  hundred  and  sixtv-one  dollars  and  one  cent  costs, 
and  to  be  imj)risoned  till  the  fine  and  costs  were  paid.  Mr.  Rycraft,  at 
the  same  time,  was  sentenced  for  the  same  offense  to  ten  days'  imprison- 
ment, and  to  jiay  a  fine  of  two  hundred  dollars,  and  both  were  immedi- 
ately conducted  to  the  county  jail.  The  news  of  this  sentence  produced 
great  excitement  in  this  city  and  throughout  the  state,  and  meetings, 
numerously  attended,  were  held  here  and  through  the  country,  pledging 
the  sympathy  and  help  of  the  people  to  save  them  from  pecuniary  loss. 
An  application  was  again  made  to  the  su])reme  court  for  a  writ  of  habeas 
cor])us,  which  was  granted,  and  on  Monday,  January  29,  at  sunrise,  the 
prisoners,  in  charge  of  the  sheriff,  j)receedid  by  a  band  of  music,  and 
accompanied  by  their  counsel,  were  escorted  by  a  large  number  of  their 
friends,  amid  the  firing  ot"  cannon  and  the  ringing  of  church  bells,  to  the 
railroad  depot,  to  take  the  cars  for  Madison;  and  on  Saturday,  February 
3,  after  a  full  hearing,  the  supreme  court  discharged  them  free  men,  on 
the  ground  that  no  offense  was  charged  .igainsi  them  in  the  indictment. 
Justices  Whiton  and  Smith  reaffirming  their  former  opinions,  holding  the 
fugitive  slave  Inw  unconstitutional  and  void. 

rhi>  derision  was  hailed  with  ;u  clamation  by  the  republican  press 
throughout  the  free  states,  and  was  responded  to  by  a  considerable  |K)r- 
lion  of  tlie  democratic  ])ress  of  this  state.  Meetings  were  held  and  reso- 
lutions passed  pledL'ing  the  suj>port  of  the  people  to  the  decision  of  the 
NHpreiiH-  court,  .md  a  mass  slate  convention  of  the  more  radical  portion 
was  lu'Kl  in  .Miluaukec,  and  a  rescue  fund  committee  appointed  to  raise 


THK    BKNCH    AND    BAR    OF    WISCONSIN.  503 

funds  to  defray  the  expenses  of  the  slave  trials,  past  and  future.  About 
two-thirds  of  the  expenses  of  the  trials  were  raised  by  contribution ;  the 
rest  was  paid  by  the  prisoners.  The  supreme  court  instructed  its  clerk 
not  to  send  up  the  papers  to  the  United  Slates  Supreme  Court,  denying 
to  that  court  the  right  to  review  their  decision  in  this  case.  They  also 
refused  to  send  uj)  the  papers  on  a  writ  of  error  from  the  United  States 
Supreme  Court. 

.\t  the  state  judicial  cle.tion  Orsamus  ('olc  was  chosen  associate 
justice  of  the  supreme  court  over  Justice  Crawford,  the  sole  issue  being 
the  constitutionality  or  unconstitutionality  of  the  fugitive  slave  act, 
Judge' Cole  representing  the  negative  of  the  ijuestion.  At  the  April  term 
of  the  United  States  district  court  the  suit  of  Carland  v.  Booth,  for  the 
value  of  the  slave,  came  on,  and  after  a  trial  of  four  days  lhe»jury  disa- 
greed and  were  discharged,  alter  having  been  out  fifty-two  and  a  half 
hours.  The  trial  was  characterized  by  greater  vindictiveness  on  the  part 
of  the  prosecution,  if  possible,  than  on  the  criminal  suit. 

In  the  winter  of  1S58-9,  the  United  States  supreme  court  assumed 
jurisdiction  in  the  case  of  Mr.  Hooth,  without  the  papers,  or  a  certified 
copy  of  the  record,  and  proceeded  to  review  the  decision  of  our  state 
court,  and  sent  down  its  remittitur,  recjuiring  it  to  review  its  former 
judgment  discharging  Mr.  Booth  from  imi)risonment,  and  to  remand  him 
into  teiieral  custody.  This  our  supreme  court  refused  to  do,  denying 
the  aj)pellate  jurisdiction  of  the  United  States  supreme  court  over  its 
proceedings. 

/\fter  the  decision  of  the  supreme  court  at  W.ishington,  our  legisla- 
ture, in  March,  1S5S.  passed  joint  resolutions,  denouncing  the  action  of 
the  United  Slates  supreme  court,  and  sustaining  the  decision  of  our 
state  suj^renie  court,  and  recommending  resistance  as  the  rightful  remedy. 
They  had  the  sanclir)n  of  every  rej)ublican  vote  in  both  houses,  and 
the  approval  of  ihe  governor. 

In  .•\j>ril,  i'^59,  the  judicial  election  turned  solely  on  this  issue; 
Byron  Paine,  who  l.ad  been  Mr.  Booth's  counsel,  in  the  rescue  cases, 
being  a  ( andidau*  for  associate  justice,  against  William  P.  Lynde,  the 
democrat ir  candidate,  and  was  elected  over  him  by  a  small  majority. 

In    I'ebniary,    1859,  the    United    States    marshal    levied    upon    Mr. 
Booth's  (  ylindcr    press   and   steam    engine,  to  satisfy  the  judgment   of 
Carland.      The  j^ress  and  engine  were  sold  for  one  hundred  and  seventy- 
five  dollars;  and  in  A|)ril,  the  marshal  made  another  levy  on  the  print- 
20 


004  IIIK    r.ENCH    ANU    liAR    OF    WISCONSIN. 

inp;  office,  to  satisfy  the  balance  of  the  judgment.  Mr.  Booth  replevined 
his  property  in  the  circuit  court,  and  recovered  them  ;  Garland  appealed 
the  cases  to  the  state  supreme  court,  and  the  cases  were  twice  argued 
there,  and  the  final  result  was  that  Mr.  Booth  lost  his  property. 

On  the  first  of  March,  i860,  Mr.  Booth  was  again  arrested,  by  United 
States  Deputy  Marshal  Brown,  on  his  way  home  from  the  railroad  depot, 
and  confined  in  the  United  States  custom  house,  in  Milwaukee.  His 
counsel  applied  to  the  supreme  court  for  a  writ  of  habeas  corpus,  but  as 
Justice  Paine  declined  to  act,  on  account  of  having  been  Mr.  Booth's 
counsel,  before  his  first  discharge;  and  as  Chief  Justice  Dixon  had 
declared  the  fugitive  act  constitutional,  the  court  was  equally  divided,  and 
the  a|)plication  failed.  Another  ai)plication  was  made,  on  the  ground 
that  there  was  no  authority  for  imprisoning  him  in  the  custom  house; 
but  Judge  Dixon  derided  that  this  averment  should  have  been  made  at 
the  first  application,  and  again  refused  the  writ. 

On  the  first  of  August  he  was  rescued  by  some  eight  persons,  who, 
at  noon,  went  up  to  the  room  in  which  he  was  confined,  seized  the 
guard,  opened  the  door,  and  walked  off  with  him,  after  locking  the 
guard  in  his  place.  He  went  to  Ripon,  and  remained  in  that  vicinity 
until  the  eighth  of  ( )ctol)er,  when  he  visited  Berlin,  and  was  arrested  by 
a  detective  in  the  evening,  put  on  board  a  special  train  of  cars,  brought 
to  Milwaukee  and  placed  in  his  old  quarters  in  a  room  on  the  third  floor 
in  the  custom  house. 

For  a  long  time  Mr.  Booth  lay  in  prison,  occasionally  issuing  an 
c|)istle  to  the  peoi)le, —  that  reminds  one  of  Luther  in  the  castle  of 
NVartburg, —  fulminating  unseen  doctrines  that  were  acknowledged  by  a 
select  few  to  be  right,  but  highly  dangerous. 

Booth  finally  was  released  from  durance  by  the  timely  eflforts  of 
James  R.  Doolittle  then  a  republican  United  States  senator  from  Wis- 
consin. Mr.  Lincoln  having  been  elected  president  in  i860.  Senator 
Doolittle  foresaw  tiiat  the  case  of  Booth  would  be  presented  to  him 
asking  for  executive  ])ardon,  which  would,  under  the  circumstances 
greatly  embarrass  him,  in  view  of  the  attitude  of  the  South  toward  the 
abolitionists  of  the  North.  Accordingly  the  senator  went  to  President 
lUichanan  immediately  befi>re  the  expiration  of  his  term  of  office,  laid 
the  matter  before  him,  and  finally  persuaded  him  to  issue  an  uncondi- 
tional pardon  to  Booth,  and  thus  ended  the  ** celebrated  case*'  of  that 
day  and  generation. 


THK    HKNCH    AND    HAR    OF    WISCONSIN.  505 

THF.  (;ran(;kr  railway  casks. 

Some  ten  years  since  the  matter  of  legislative  control  of  railways 
operating  in  Wisconsin  in  particular,  and  in  other  states  in  general,  had 
assumed  that  im])ortance  and  discussion  which  was  soon  to  bring  on  a 
test  of  the  powers  held  by  the  railways,  on  one  hand,  and  the  people 
on  the  other.  Those  largely  patronizing  the  roads  had  become  loud  in 
complaints  of  extortionate  charges  and  discriminations.  The  farmers 
interested  in  transportation  charges  for  their  products  to  market,  took 
the  matter  practically  in  hand,  and  in  this  state  at  least  a.ssumed  the 
lead  in  antagonizing  the  right  of  the  railways  to  indiscriminate  rule  in 
their  scale  of  tariffs.  Witli  this  contest  largely  in  view,  farmers  in 
various  parts  of  the  country  banded  together  in  organized  granges, 
denominating  their  members  Patrons  of  Husbandry.  By  the  year  1873 
this  order  had  become  so  strong  in  this  state  as  to  hold  in  its  hands,  in 
united  action,  the  balance  of  political  power.  At  that  time  the  demo- 
cratic party  was  largely  in  the  minority,  the  republicans  having  the  rule. 
To  ring  in  the  hcl|)  of  the  Patrons,  the  democratic  state  convention 
nominated  a  noted  farmer  as  its  candidate  for  governor,  who  was  also 
a  leading  member  of  the  Patrons,  and  termed  the  new  departure  the 
reform  party.  The  Patrons,  as  individuals  and  not  as  an  c)rganizalion, 
gave  lluir  suffrages  largely  to  this  reform  ticket,  and  it  was  trium- 
phantly elected,  carrying  with  it  a  strong  working  majority  of  the  state 
legislature. 

At  the  succeeding  session  of  the  legislature,  a  movement  was 
inaugurated  to  try  ( onclusions  with  the  railways,  and  an  act  was  passed 
assuming  general  control  of  railways  to  which  the  charters  had  been 
granted  by  the  state,  and  fixing  limits  to  their  charges  for  both  freight 
and  passenger  transportation.  To  this  the  managers  of  the  railways 
obje<"le(l,  claiming  that  a  charier  was  a  contract  and  constitutionally 
inviolable.  They  refused  to  obey  the  law,  and  were  in  consequence 
brought  into  the  courts.  To  the  State  of  Wisconsin  is  due  the  credit 
or  having  been  the  first  to  inaugurate  the  movement  that  eventuated  in 
setlliijg  the  |)rinciple  of  state  control  over  railroads,  one  of  the  ques- 
tions of  greatest  importance  in  the  history  of  legislation  and  court 
de(  isions  that  has  been  discussed,  acted  upon,  and  conclusively  decided 
in  this  country,  m  view  of  the  magnitude  of  railway  extension  and  the 
vital  initresis  ot  the  people  as  inevitably  interwoven  in  the  nature  and 
and  s<  ope  of  its  business. 


r)0<»  THK    IJKNCH    AM)    HAR    OF    WISCONSIX. 

The  following  arc  the  leading  facts  pertaining  to  the  i)rogress  of  the 
legal  controversy  which  grew  out  of  the  act  of  the  legislature  of  Wis- 
consin, passed  in  1874,  known  as  the  granger  law  of  1874,  limiting  the 
charges  for  passengers  and  freights  on  the  railroads  of  the  state.  Shortly 
after  the  passage  of  the  act,  Alexander  Mitchell,  president  of  the  Chicago, 
Milwaukee  &•  St.  Paul  Railway  Company,  and  Albert  Keep,  president  of 
the  Chicago  vt  North-VVostcrn  Railway  Company,  each  addressed  a 
letter  to  the  governor  of  the  state,  stating,  in  effect,  that  their  respective 
railroads  could  not  be  operated  for  the  charges  limited  by  said  act. 
denying  the  right  of  the  legislature  to  control  and  limit  the  charges  of 
the  company,  and  announced  their  intention  of  disregarding  the  law. 
Immediately  after  the  receipt  of  these  letters,  and  on  the  first  of  May, 
1874,  the  governor  issued  a  proclamation,  to  the  effect  that  the  laws  of 
the  state  must  be  obeyed,  and  enjoining  all  railroad  corporations,  their 
officers  and  agents,  to  obey  said  act,  and  invoking  the  aid  of  all  good 
citizens  in  its  enforcement.  The  governor  also,  on  the  twenty-first  day 
of  May  following,  issued  an  address  to  the  people  of  the  state,  setting 
forth  that  the  railroad  corporations  were  violating  the  law,  invoking  aid 
and  support  in  enforcing  it,  and  calling  upon  all  the  district  attorneys 
of  the  state  to  vigorously  prosecute  all  violations  of  the  law,  and  on  all 
constables  and  police  officers  to  be  vigilant  to  inquire  into  all  offenses 
against  said  act,  and  to  complain  of  the  offenders. 

The  officers  of  the  railroad  comj)anies  had,  before  writing  the  letters 
to  the  governor  above  mentioned,  taken  the  opinions  of  several  of  the 
most  eminent  lawyers  of  the  country  on  the  constitutional  question  of 
the  ])Ower  of  the  legislature  to  enact  said  law,  among  them  B.  R.  Cur- 
tiss,  William  M.  Kvarts  and  (leorge  V.  Hoar,  who  had  all  given  opinions 
adverse  to  the  constitutional  power  of  the  legislature  to  enact  said  law, 
and  to  the  validity  and  binding  force  of  the  law.  The  governor  of  the 
state  also  submiited  that  (juestion  to  A.  Scott  Sloan,  the  attorney- 
general  of  the  state,  who  gave  an  oj)inion  in  favor  of  the  constitution- 
ality and  validity  of  the  law.  In  the  meantime  numerous  prosecutions  of 
the  agents  and  employes  of  the  railroad  companies  had  been  instituted 
in  justices'  courts,  to  enforce  the  penalties  provided  in  the  act  for  its 
violation.  C'ertain  holders  of  the  bonds  of  the  Chicago  &  North- 
western Railway  Company  then  filed  a  bill  of  complaint  in  equity  in  the 
circuit  court  of  the  Tniied  States  for  the  western  district  of  Wisconsin, 
against  (leo.  H.  Paul,  Josei>h  H.  Osborn  and  John  W.  Hoyt,  the  railroad 


THt    llENCH    AND    BAR    OF    WISCONSIN.  50; 

commissioners  of  the  state,  and  A.  Scott  Sloan,  attorney-general,  pray- 
ing for  injunction  restraining  the  defendants  from  taking  any  steps  to 
enforce  said  act  by  prosecutions  of  the  officers,  agents  and  employes  of 
the  company,  and  for  a  decree  adjudging  said  act  of  the  legislature  to 
be  unconstitutional  and  void;  and,  immediately  upon  the  filing  of  said 
bill  in  court,  made  a  motion  that  an  injunction  issue  according  to  the 
prayer  of  the  bill.  This  motion  was  brouglu  to  a  hearing  at  the  July 
term  of  1874,  before  a  full  court  in  the  United  States  circuit.  David 
Davis,  of  the  United  States  supreme  court,  Thomas  Drummond,  United 
States  circuit  judge  and  J.  C  Hopkins,  district  judge,  sitting  to  hear  the 
motion.  Mr.  B.  C.  Cook,  general  solicitor,  and  Judge  C.  B.  Lawrence, 
of  counsel  for  the  railway  company,  and  E.  W.  Stoughton,  of  New  York, 
as  counsel  for  the  bondholders,  appeared  and  argued  the  motion  for  the 
complainants,  and  L.  S.  Dixon  and  I.  C.  Sloan  appeared  and  argued  the 
same  for  the  defendants. 

The  court  denied  the  motion.  The  bills  of  complaint  were  then  de- 
murred to  for  want  of  equity.  ,A  decree  sustaining  the  demurrer  and 
dismissing  the  bills  was  then  entered.  From  this  decree  the  complain- 
ants took  an  appeal  to  the  supreme  court  of  the  United  States.  But  the 
railway  companies,  still  relying  upon  the  advice  of  counsel,  persisted  in 
disobeying  and  violating  the  act  limiting  their  charges.  The  attorney- 
general  then,  in  July,  1874,  after  first  obtaining  leave  of  the  court,  filed 
informations  in  the  supreme  court  of  the  state  against  the  Chicago  & 
Northwestern  Railway  Company,  and  the  (Chicago  &  St.  Paul  Railway 
C!ompany  setting  forth  the  continued  violations  of  the  law  on  the  part  of 
these  coin{)anies,  and  prayed  that  an  injunction  might  issue  restraining 
each  of  said  corporations  from  exceeding  its  powers,  and  from  asking  or 
receiving  higher  rates  of  fare  for  the  carriage  of  persons,  and  of  toll  for 
transporting  property  than  those  fixed  and  limited  by  said  act  of  the 
legislature,  and  made  a  motion  based  on  said  informations  that  injunc- 
tions issue  according  to  the  |)rayer  thereof.  This  motion  came  on  for 
argument  before  the  supreme  ( ourt  of  the  state.  L.  S.  Dixon,  I.  C. 
Sloan  and  H.  S.  Orton  appeared  for  the  state,  and  B.  C.  Cook,  C.  B. 
Lawrence,  John  W.  Cary,  George  B.  Smith  and  P.  L.  Spooner  for  the 
defendants. 

After  an  elaborate  and  exhaustive  discussion  of  the  questions  in- 
volved by  ( ounsel  lasting  many  days,  the  court  granted  the  motion  and 
directed  the  injunction  to  issue,  restraining  the  companies  from  charging 


r^^^S  TfiK  hkni:h  and  kar  of  Wisconsin. 

higher  rates  for  transportation  of  persons  and  property  than  those 
limited  by  the  act.  The  oy>inion  of  the  court,  written  by  Chief  Justice 
Ryan,  is  one  of  the  most  elaborate  and  able  ever  delivered  by  any  court, 
and  is  a  model  of  judicial  style  and  reasoning.  In  the  meantime  two 
other  cases  had  been  instituted  involving  ([ueslions  growing  out  of  this 
act  of  the  legislature.  In  one,  Acherly,  a  lumber  dealer,  having  ten- 
dered to  the  railway  company  the  amount  of  freight  prescribed  by  the 
act  for  a  car  load  of  lumber  consigned  to  him,  brought  an  action  of 
replevin  for  the  lumber  and  recovered  judgment  in  the  circuit  court  for 
Milwaukee  county.  In  the  other  one,  Stone,  a  ticket  agent,  having 
charged  a  higher  rate  for  a  passenger  ticket  than  was  limited  by  the  act, 
was  prosecuted  for  the  penalty,  and  convicted  in  the  Dane  county  cir- 
cuit court.  Both  of  these  cases  were  appealed  to  the  supreme  court  of 
the  state  and  the  respective  judgments  affirmed. 

All  the  cases  mentioned  were  appealed  to  the  supreme  court  of  the 
United  States,  and  came  on  for  argument  in  October,  1876,  together 
with  certain  other  cases  from  other  states,  involving  analogous  questions; 
Munn  against  Illinois,  brought  to  determine  the  right  of  the  legislature 
to  limit  the  charges  on  elevators  for  storing  grain;  Chicago  &  Rock 
Island  Railroad  Company  against  the  State  of  Iowa,  in  which  the  same 
(juestion  was  raised  as  in  the  Wisconsin  cases,  as  to  the  power  of  the 
legislature  to  limit  charges  for  passengers  and  freights,  and  Winona  & 
St.  Peters  Railroad  Company  against  Blake,  in  which  the  main  question 
was  whether  a  state  legislature  where  the  constitution  of  the  state  re- 
served no  ri^ht  to  alter  or  repeal  the  charters  of  corporations,  had  the 
power  to  regulate  and  limit  railroad  charges. 

In  the  main  Wisconsin  cases  Wm.  M.  Kvarts,  C.  1*.  Lawrence,  B.  C. 
Cook,  J.  W.  Cary  and  K.  W.  Stoughton  apj)eared  for  the  railroad  com- 
panies, and  I.  C.  Sloan  and  I..  S.  Dixon  appeared  for  the  state.  The 
supreme  court  of  the  I'nited  vStates  decided  in  substance,  that  railroad 
and  warehouse  companies  were  engaged  in  a  public  employment  and  ser- 
vice, and  that,  therefore,  irrespective  of  any  reserved  power  in  the  constitu- 
tion of  the  state,  the  legislature  of  the  respective  states  had  full  power 
to  regulate  and  limit  all  charges  for  warehousing  grain  and  for  the 
transportation  of  j)assengers  and  property  on  all  railroads  in  the  country. 
Thus  terminating  in  favor  of  popular  control,  the  most  important  liti- 
gation which  has  arisen  in  Wisconsin  since  its  organization  as  a  sover- 
eign commonwealth. 


THE    BENCH    AND    IJAR    OK    WISCONSIN.  '''><>*' 

At  the  session  of  the  legislature  of  1S76  the  granger  law  was  re- 
pealed, since  which  time  the  people  generally  and  the  Patrons  of  Hus- 
bandry as  well,  have  been  satisfied  with  the  management  of  the  railwayb 
operating  within  the  borders  of  the  state. 

I'HE    WHISKY    TRIALS. 

In  the  spring  of  1875  the  treasury  department,  which  includes  the 
internal  revenue  bureau,  became  aware  that  the  internal  revenue  laws 
were  being  systematically  violated  in  several  of  the  cities  of  the  West, 
and  the  subject  was  taken  into  consideration  with  the  view  of  adopting 
some  comprehensive  plan  for  bringing  the  offenders  to  justice.  The 
extent  of  these  depredations  was  not  known,  but  the  secretary  of  the 
treasury  and  the  commissioner  of  internal  revenue  agreed  that  they 
were  of  sufficient  magnitude  to  justify  strong  measures  on  behalf  of  the 
government.  The  impression  seemed  to  prevail,  based  on  the  reports 
of  sj)ecial  detectives,  that  Chicago,  Peoria,  St.  Louis  and  Milwaukee 
needed  immediate  attention,  and  vigorous  measures  were  set  on  foot  to 
strike  a  simultaneous  blow  at  these  several  places.  Accordingly,  early 
in  May,  seizures  were  made  of  distilleries  and  other  property  at  all  these 
cities,  and  a  large  number  of  arrests  speedily  followed  of  distillers,  recti- 
fiers, compounders  and  government  officers.  The  blow  fell  so  suddenly, 
so  unexpectedly,  and  with  such  tremendous  power,  that  the  action  of 
the  government  arrested  at  once  the  attention  of  all  classes,  and  became 
the  great  and  leading  sensation  of  the  ])eriod.  Almost  the  entire  busi- 
ness of  manufacturing  distilled  sj)irits  at  the  above  places  was  brought 
to  a  halt,  as  if  by  a  single  word  of  conmiand.  The  parties  interested  in 
the  business  directly  and  indirectly,  as  well  as  the  government  officials* 
who  knew  how  deeply  themselves  were  implicated  in  the  frauds  thai  had 
been  j)racliced,  were  for  the  time  being  in  a  stale  of  consternation.  Some 
absconded,  others  denied  their  guilt,  and  others  awaited  with  ill-con- 
cealed anxiety  the  development  of  events. 

Judge  Hubbell  had  been  since  rSyi  the  United  States  attorney  for 
the  eastern  district  of  Wisconsin,  and  was  at  the  time  of  the  first  seizures 
above  mentioned  in  possession  of  that  office.  The  supervisors  and  the 
sj)ecial  aiienls  of  the  internal  revenue  department  acijuired  the  notion, 
for  reason^  wliich  were  not  made  public,  and  which  it  is,  perhaps,  not 
important  to  know,  tliat  the  judge  was  not  in  sympathy  with  the  policy 
of  the  government  in  the  premises,  and  he  was  shortly  afterward  sus- 
pended and  finally  removed. 


510  THK    IlKNCH    AND    RAk    OF    WISCONSIN. 

Judi^e  Dixon,  who  had  recently  left  the  position  of  chief  justice  of 
the  supreme  court  of  the  state,  and  J.  C.  McKenncy,  who  had  been 
deputy  United  States  attorney  for  the  western  district  of  Wisconsin,  and 
had  had  some  experience  in  enforcing  the  internal  revenue  law  in  that 
district,  were  appointed  special  assistant  United  States  attorneys,  and  as 
such  were  placed  in  charge  of  the  prosecution  of  the  cases  connected 
with  and  growing  out  of  the  alleged  violations  of  the  law  in  the  city  of 
Milwaukee.  The  defendants,  or  such  of  them  as  had  not  absconded, 
having  resolved  to  make  a  vigorous  fight,  retained  Carpenter  &  Murphy 
and  Goodwin  &  Adams  as  principal  attorneys,  although  in  the  course  of 
the  litigation  which  followed  Win  field  Smith,  J.  G.  Jenkins,  Frederick 
C.  Winkler,  F.  W.  Cotzhauzen,  J.  R.  Doolittle,  J.  T.  Fish,  and  possibly 
others,  appeared  on  behalf  of  some  of  the  defendants.  A  grand  jury  was 
called  for  the  Oshkosh  term  of  the  United  States  court  which  opened  on 
the  second  Tuesday  of  July,  at  which  thirty-seven  indictments  were 
returned.  The  parties  named  in  these  indictments  embraced  all  against 
whom  evidence  had  been  furnished  at  the  time,  including  the  collector, 
George  Q.  Erskine,  and  a  considerable  number  of  storekeepers  and 
gangers.  In  the  meantime  a  large  number  of  civil  suits  had  been  com- 
menced on  the  bonds  of  the  distillers  and  the  official  bonds  of  the  store- 
keepers and  gaugers,  and  proceedings  in  rem  instituted  to  forfeit  the 
property  employed  in  and  about  the  manufacture  of  spirits. 

At  the  October  term  of  the  United  States  court,  held  at  Milwaukee, 
his  honor  Judge  Drummond,  circuit  judge,  occupied  the  bench  with 
his  honor  Judge  Dyer,  of  the  district  court,  and  reporters  for  the  local 
newspapers  were  in  attendance  to  report  the  evidence  and  the  incidents 
of  the  court  room  for  the  public.  The  first  case  called  was  that  of  the 
United  States  against  George  Q.  Krskine,  indicted  for  "  neglect  of  duty 
and  unlawful  issue  of  stamps.*'  Mr.  Krskine  was  a  resident  of  Racine 
and  was  defended  by  ex  Senator  Doolittle  and  J.  T.  Fish,  of  that  city. 
The  result  was  a  verdict  of  acquittal,  and  it  is  only  just  to  Mr.  Erskine 
to  say  that  the  verdict  was  in  full  accord  with  ])opular  opinion  and 
expectation. 

The  case  of  the  United  Slates  against  C.  J.  F.  Moller,  government 
ganger,  was  next  called  and  was  very  vigorously  contested  at  every  stage. 
In  the  defense  of  Mr.  Mollcr,  Senator  Carpenter  took  the  active  and 
leading  j»art,  although  Messrs.  Murphy,  Goodwin,  Adams  and  Judge 
Hubbell  occupied  seats  at  the  table  and  rendered  important  assistance. 


THK    HKNCH    AND    BAR    OF    WISCONSIN.  511 

This  was  the  only  jury  trial  in  which  Mr.  Carpenter  took  any  part  in 
the  court  room,  in  these  cases.  Mr.  Moller  was  convicted  and  subse- 
quently sentenced  by  Judge  Drummond  to  imprisonment  in  the  States 
prison  at  VVaupun  for  one  year  and  fined  §2,500.  After  this  other  cases 
were  called  in  their  order  and  tried,  the  government  being  almost  invari- 
ably successful. 

In  January,  1876,  indictments  were  returned  against  Daniel  W. 
Munn,  supervisor  of  internal  revenue  and  Augustus  G.  Weissert,  deputy 
collector;  also  against  Sylvester  J.  Conklin,  revenue  agent;  Edward  S. 
Reddington,  gauger;  Nowell  S.  Tenny,  gauger,  and  several  others.  A 
second  indictment  was  returned  against  George  Q.  Erskine  at  this  term. 
Phillip  Goldberg,  Julius  Jonas  and  Adam  M.  Crosby,  of  Chicago,  were 
indicted  for  a  conspiracy  to  carry  away  papers. 

Nearly  the  entire  time  of  the  court  was  occupied  from  October,  1875, 
till  July,  1876,  with  these  so-called  whisky  cases.  Judge  Drummond 
remained  through  two  or  three  of  the  jury  trials,  when  he  returned  to 
Chicago,  leaving  the  subse(|uent  cases  to  the  district  judge.  In  antici- 
pation of  an  indictment,  Mr.  Conklin  had  fled  to  Canada,  where  he  re- 
mained till  a  promise  of  indemnity  was  obtained  for  him  by  United 
States  marshal  C.  S.  Hamilton,  upon  condition  that  he  should  return  and 
furnish  evidence  for  the  indictment  of  certain  parties  named  in  the 
marshal's  correspondence.  Mr.  Conklin  shortly  after  his  return  was 
taken  before  Judge  Dixon  and  Mr.  McKenny  by  Marshal  Hamilton,  to 
dis(  lose  what  he  knew  concerning  the  guilt  of  the  parties  in  question, 
when  it  was  discovered  that  his  knowledge  fell  short  of  what  was 
re<}uired  to  furnish  ground  for  indicting,  to  say  nothing  of  convicting 
the  parlies.  The  corresj)ondence  of  the  marshal  with  Mr.  Conklin  was 
<[uite  voluminous  and  was  subsecpiently  embodied  in  a  petition  by  Conk- 
lin to  the  court,  asking  the  formal  discontinuance  of  the  prosecution 
against  him,  and  the  same  thus  bet  ame  a  part  of  the  public  record  of 
the  case.  .\s  Mr.  C'onklin  held  the  unconditional  indemnity  of  the 
government  over  the  signatures  of  Messrs.  Di.xon  and  McKcnny,  the 
court  cuuid  not  do  otherwise  than  grant  the  petition.  The  indictment 
against  Daniel  \V.  .Munn  was  discontinued  by  direction  of  the  court 
with  the  approval  of  the  attorney  general,  for  want  of  evidence.  The 
indictment  against  .Augustus  (i.  Wiessert  was  called  for  trial  at  the 
November  it-rm,  1876,  but  no  evidence  imj)licaling  him  could  be  elicited 
from  the  witnesses  and  he  was  discharged  by  direction  of  the  court. 


iy\'^  THK.    IJKNCII     AND    UAk    OK    WIS(  ONSIN. 

Mr.  Erskine  demanded  an  imuicdiatc  irial  on  the  second  indictment 
against  him,  but  the  attorneys  for  the  government  were  not  ready  to 
proceed,  and  siibse<juently  a  //M-  prostujui  was  entered  in  tJie  case.  The 
same  course  was  pursued  in  the  cases  against  Reddington  and  Tenny. 
The  second  batch  of  indictments  seems  to  have  been  based  on  uncer- 
tain and  insufficient  evidence,  and  doubtless  might  better  not  have  been 
found.  The  trial  of  the  indictment  against  (ioldburg  and  others  came 
on  in  May,  1876,  and  continued  for  several  days,  and  resulted  in  a  verdict 
of  not  guihv. 

A  very  considerable  amount  of  money  was  realized  in  the  civil 
actions,  and  the  parlies  involved  in  the  crooked  business  were  for  the 
most  part  brought  to  punishment,  but  there  was  much  criticism  indulged 
in,  particularly  against  Secretary  Hristow  and  Solicitor  Wilson  for  the 
manner  in  which  the  prosecutions  were  conducted.  Many  persons  who 
were  under  indictment  for  violations  of  law  and  were  generally  believed 
to  be  leading  s|)irits  among  the  crooks,  instead  of  being  prosecuted, 
convicted  and  sentenced  in  the  usual  way,  were  approached  by  govern- 
ment officials  and  solicited  under  varying  promises  to  furnish  evidence 
im|)licaiing  other  parties.  Some  were  promised  absolute  immunity, 
upon  condition  that  they  shoiild  tell  what  they  knew  concerning  promi- 
nent citizens  in  their  locality.  Others  were  promised  more  lenient 
punishment.  The  result,  undoubtedly,  was  to  cheat  the  law  of  its  victims 
in  some  instances  and  to  greatly  detract  from  the  moral  effect  which 
might  have  resulted  from  a  ditferent  policy.  But  it  may  be  justly  said 
that  the  rings  which  had  been  organized  to  defraud  the  revenues,  were 
efiectually  broken  up,  and  the  action  of  the  government  in  1875-6  has 
helped  very  greatly  to  secure  the  high  standard  of  efficiency  in  the 
revenue  service  that  has  prevailed  since. 

WIT  .'\N1)  HUMOR  OK    fllK  WISCONSIN  BAR. 

There  lived  in  Wisconsin  a  certain  Judge  J ,  who  was  noted  for 

his   learning,   abilities  and  for   being  remarkably  absent-minded  when 

intoxicated  to  a  certain  degree.     Judge  J and  Senator  B had 

been  on  a  visit  to  Madison  on  some  political  errand,  and  both  had 
become  somewhat  *'blue,"  when  they  started  for  home  —  a  distance  of 
about  thirty  miles.  The  two  friends  lived  in  the  same  town,  had  gone 
to  Madison  together  in  the  same  buggy,  and  were  to  return  together, 
and  did  start  in  the  company  of  each  other  about  one  o'clock  P.M.     At 


.tjt 


THK    HEXCH    AND    HAR    OK    WISCONSIN.  .M.'J 

the  "  Half-way  House''  they  stopped  to  take  a  drink,  of  course,  and 

Senator  B alighted    to  procure   the    **  red-eye,"  while    the   judge 

remained  in  the  buggy.  In  due  time  the  senator  returned  with  de- 
canter and  tumbler,  and  the  two  drank,  and  B returned  to  deliver 

the  implements  to  mine  host.  B deposited  the  tumbler  and  de- 
canter, paid  for  the  **exhilarator/'  then  called  for  a  cigar  and  proceeded 
to  light  the  same.  Meantime  the  judge,  having  taken  his  drink,  sat 
quietly  for  the  space  of  half  a  minute,  and  forgetting  that  he  was  wait- 
ing for  B ,  started  up  the  team  at  a  2:40  rate  and  was  off. 

After  driving  about  forty  miles  he  met  a  friend  going  to  Madison, 
whom  he  hailed  as  follows  : 

*'  I  say,  1) ,  just  stop  at  the  Half-way  House  and  ask  the  land- 
lord if  I  left  anything  there.  It  seems  to  me  I  came  away  and 
forgot  something,  and  I  have  been  trying  to  think  for  an  hour  what  it 
is,  but  I  can't ;  so  just  stop,  won't  you,  and  incpiirc,  and  if  1  left  any- 
thing, just  bring  it  out  when  you  come  back  ?  " 

I) agreed,  and  the  judge  drove  home. 

Two  or  three  days  after   B arrived,  and  immediately  called 

upon  the  judge,  when  occurred  the  following: 

Senator  B ,  "You  are  a   pretty  man    to  leave    a  fellow  fifteen 

miles  from  home,  ain't  you?  " 

Judge  J.,  *'\Vhy,  B ,  what's  the  matter.'" 

B ,  ** What's  the  matter!  sure  enough,  I  have  a  good  mind  to 

thrash  you  I  " 

J ,  "  Why,  B ,  what's  the  —  I  —  I  don't  understand." 

I» ,  **  Don't    understand,    eh.'      As   though  leaving  me   at    the 

Half-way  House  wasn't  enough,  but  you  must  send  by  I) to  inquire 

if  you  hadn't  left  something;  and  now  make  strange  as  if  you  didn't 
know  it  I  '* 

J ,    **Ha!  ha!  ha!     That's   it.     I    knew  there  was   something 

wrong.     I  told   1) I  had  left  something,  but  couldn't  think  what. 

Tried  to  rentember  all  the  way  home.  Asked  my  wife  what  was  miss- 
ing when  I  got  home.  Have  thought  of  it  ever  since,  and  could  make 
nothing  of  it ;  ami  sure  enough  it  was  you.  Ha  !  ha  !  ha !  Sorry,  'pen 
my  soul.      Let's  take  a  drink." 

And  they  did  drink. 

Judge  Miller  was  in  religion  as  strict  and  devout  an  Episcopalian  as  he 
was  in  politics  an  ardent  democrat.     His  radicalism  in  these  particulars 


514  THK    ISKNCH    AM)    11 A k    OF    WISCONSIN. 

may  well  be  illustrated  by  a  short  anecdote.  While  holding  court  at 
Oshkosh  there  was  on  one  occasion  a  witness  on  the  stand  who  greatly 
vexed  the  judge  by  his  stubborn  persistency  in  withholding  certain  facts. 
The  judge  could  hardly  find  words  strong  enough  to  express  his  irri- 
tation. While  at  dinner  at  the  hotel  the  same  day  he  happened  to 
be  seated  near  (iabe  liouck,  from  whom  he  sought  to  obtain  some 
consolation  by  relating  his  troubles,  expressing,  as  his  opinion,  that 
the  contumacious  witness  "  must  be  a  Methodist." 

"On  the  contrary,"  said  Bouck,  **  he  is  an  Kpisropalian." 
*'Then,"  said  the  judge,  "he  is  certainly  a  republican.'* 
"  Wrong  again,  judge,**  said  Bouck,  "  he  is  a  democrat." 

On  the  first  of  April,  1S70,  a  little  triangular  piece  of  wit  was  per- 
petrated in  the  clerk's  office  of  the  supreme  court  of  the  United  States 
between  Senator  Carj)enter  of  Wisconsin  and  Tnited  States  Attorney- 
General  Evarts  and  Mr.  Middleton,  the  clerk  of  the  court.  Said  Mr. 
Carpenter : 

**  Mr.  Middleton,  there  is  no  statute  of  the  United  States  that  ore- 
hibits  a  man  from  making  a  fool  of  himself.*' 

"  Nor  any  decision  of  the  courts,"  gravely  rejoined  the  clerk. 

"  Ah,  certainly,"  (luickly  added  Mr.  Evarts  with  a  .sly  twinkle  of  the 
eye,  "  there  is  nothing  in  the  practice  of  this  court  to  warrant  any  other 
conclusion." 

David  Davis,  while  an  associate  justice  of  the  United  States  supreme 
court,  and  holding  a  session  in  Madison,  the  attorney  for  one  party  in  a 
case  that  came  before  him  failed  to  appear,  whereupon  the  attorney  for 
tiie  other  party  claimed  in  (:onse«iueiice  a  decision  in  favor  of  his  client. 
The  judge  heard  him  ihrougli,  when  he  quietly  remarked  that  **  a  case 
was  once  before  him  ilown  in  Illinois  where  the  opposing  counsel  did 
not  a|)pear  and  we  beat  him  !  "     This  squelched  the  persisting  lawyer. 

H.  N.  Wells.  Mr.  Wells  was  a  wit  and  genius,  and  withal  outspoken 
and  independent  in  his  demeanor  in  court.  Practicing  before  Judge 
:\.  (i.  Miller,  at  Milwaukee,  Hans  Crocker  one  day  asked  the  judge 
'*why  he  did  not  di>cipline  Wells  for  impertinence."  The  judge 
quickly  replied,  "  .Mr.  Wells  wins  no  ca.ses  in  this  court." 

.\i  another  time  Mr.  WelK  wa^  making  out  an  afi'davit  for  a  client  to 
si;^n  bearing  on  a  ease  then  pending      The  latter  said  to  him  to  so  write 


THK    HKNCH    AND    BAR    OF    WISCONSIN.  515 

it  that  the  true  fact*  would  appear.     The  former  turned  around  and 
said  "  it  is  nay  business  to  make  out  this  affidavit  and  yours  to  sign  it." 

Moses  M.  Strong,  in  a  case  before  Judge  Savage,  proceeded  to 
read  an  affidavit  which  was  of  j^reat  length ;  told  about  where  he 
lived,  what  he  had  been  doing,  and  not  a  word  touching  the  case. 
The  judge,  to  cut  it  short,  remarked,  "  That  is  the  strongest  affida- 
vit I  have  ever  heard;  it  is  all  right,  and  will  be  accepted  right  now." 

An  application  once  made  before  Judge  Frazer  for  change  of  venue 
on  account  of  prejudice  of  the  judge.  The  judge  said  he  did  not 
know  the  party  —  had  never  seen  him  —  asked  his  counsel  if  he  was 
in  court — requested  to  see  him  —  attorney  called  upon  him  to  stand 
up — judge  looked  at  him  askance,  shrugged  his  shoulders,  then  said 
quickly  to  the  attorney  :  **  All  right,  it  is  all  right,  the  order  for  change 
of  venue  will  be  entered ;  I  had  no  prejudice  in  the  ca.se  before,  but 
have  now  I  " 

judge  Woodell,  who  resided  in  Madison,  was  of  a  humorous  turn. 
He  had  received  some  of  the  notable  railroad  bonds  which  were 
corrui>tly  distributed  to  members  of  the  legislature  at  the  session  of 
1856,  of  which  body  the  judge  was  a  member.  He  afterward  was 
re^juested  to  return  them,  and  he  replied  that  he  had  sold  them  and 
used  tiie  money  —  had  lost  sight  of  them  entirely,  but  when  the  Ross 
telescope  arrive/,  at  the  observatory  he  would  try  and  discover  them. 
Being  a  {>rr)minent  democrat  the  Milwaukee  News  had  been  sent  him 
for  a  long  time  and  finally  a  bill  for  subscription  to  the  paper  was  sent, 
to  which  was  added,  "The  proprietors  could  not  make  a  paper  with- 
out costing  money.**  The  judge  replied  he  di<l  not  see  that  it  had 
cost  him  anything,  and  failed  to  remit.  The  [)aper  was  then  un- 
ceremoniously slopped.  At  this  he  wrote  to  them  that  **he  had 
seen  by  the  terms  advertised  in  the  paper  that  *  no  subscription  will 
be  discontinued  until  all  arrearages  are  paid,*  and  that,  as  he  had 
paid  up  no  arrearages,  he  did  not  see  but  that  he  was  entitled  to  the 
continuance  of  the  paper.**     The  japer  was  promptly  sent  him. 

Perry  H.  Smith  relates  that  an  early  day  in  the  law  history  of 
Wisconsin,  a  man  was  on  trial  for  a  crime  at  Applcton,  was  convicted, 
and  a  motion  made  for  a  new  trial.  The  judge  was  undecided,  and 
during   an   adjournment   it  was  proposed  to  let   the  judge  out  of  his 


r)H)  TIIK    liKNt'H    AM)    MAR    OF    WISCONSIN. 

embarrassment  by  the  chances  on  a  game  of  "old  pledge."  The  court 
and  prosecuting  attorney  played  for  granting  a  new  trial,  and  won. 
The  criminal  was  finally  acquitted,  was  advised  by  the  prosecuting 
attorney  to  study  law,  which  he  did  at  Oshkosh,  was  admitted  to 
the  bar;  subsecjuently  practiced  in  Iowa,  and  became  distinguished. 
All  the  hap])y  result  of  a  game  of  cards,  a  recreation  all  too  common 
in  those  pioneer  times,  when  results  of  so  fortunate  a  nature  did  not 
often  follow  the  enticing  pastime. 

A  case  was  recalled  before  Judge  Stow.  When  he  declared  that  he 
had  before  decided  the  case,  the  clerk  stated  it  had  been  appealed,  his 
decision  reversed,  and  remanded  for  a  new  trial.  "  Then,"  said  the 
judge,  "  I  have  only  another  decision  to  make,  and  that  is  that  the 
judges  of  the  supreme  court  are  consummate  blockheads.** 

On  leaving  a  hotel  Judge  Stow  threw  down  a  ten  dollar  bill  to  pay 
the  charges.     The  clerk  said  he  could  not  change  it.     **  Well,"  said  the 

judge,  "  this  is  the  first  time  I  have  known  this  hotel  to  charge  anything 

less  than  ten  dollars." 

John  J.  Orton,  when  arguing  a  case  of  his  own  before  the  supreme 
court,  with  an  ex-judge  as  counsel  for  the  other  side,  the  latter,  in  refer- 
ring to  Mr.  Orton  indulged  in  the  ([uotiition  :  **  He  who  pleads  his  own 
case  has  a  fool  for  his  client.*'  When  it  came  to  Orton's  turn,  he  re- 
torted by  saying  "  he  would  leave  it  to  the  court  to  judge  whether,  in 
the  case  of  his  opponent  in  this  cause  the  old  saw  should  not  be  reversed 
in  that  the  client  seemed  to  be  the  wise  man,  and  his  lawyer  the  fool." 

On  another  occasion  of  a  case  of  his  own  before  the  supreme  court, 
upon  his  arising  to  o]>en.  Chief  Justice  Ryan  left  the  bench,  remarking 
**  I  have  been  a  partner  of  the  attorney  and  it  is  proper  for  me  to  retire." 
Thereupon  Judge  Orton  arose  and  left,  remarking  that  he  "is  a  brother 
of  the  party,  and  it  would  bo  improper  for  him  to  sit  upon  the  case." 
J.  J.  Orton  then,  looking  around  in  his  peculiar  way,  said,  "I  have  got 
alorig  eighteen  years  with  only  three  judges  on  this  bench,  and,  possibly, 
1  can  a  while  longer. 

A  law  firm  of  Milwaukee,  which  for  reasons  unnamed  we  will  desig- 
nate as  Smith,  Jones  \:  Smith,  experienced  lately  an  amusing  trick 
which  is  too  good  not  to  be  told.  The  firm,  especially  devoted  to  the 
collecting  of  fiebts,  luul  in  this  line  gained  a  good  reputation  as  col- 


THE    BENCH    AND    BAR    OF    WISCONSIN.  51 T 

lectors,  once  notified  a  local  business  man  that  they  had  a  collection 
against  him  and  informed  him  of  it  in  order  that  by  conferring  with 
them  he  might  save  himself  much  trouble.  The  debtor,  who  was  per- 
sonally quite  unknown  to  the  lawyers,  had  no  objection  except  the 
payment  of  the  claim.  So  he  appeared  in  the  law  office  of  Smith,  Jones 
&  Smith  and  announced  that  he  had  a  **casc"  for  them. 

**  There  is  a  fellow  in  town,"  said  he,  "  who  threatens  to  sue  me,  and 
I  am  ready  to  pay  any  amount  in  case  he  loses  his  suit.  Can  you  help 
me  ?  •• 

"Certainly,'*  exclaimed  Smith,  Jones  c\:  Smith,  who,  as  said  above, 
did  not  know  their  man. 

"  What  I  want,"  said  the  client,  "  is  to  delay  the  fellow,  and  finally 
not  pay  him.     Can  I  do  that  ?' 

**  Assuredly,"  said  the  senior  partner,  "  the  man  will  not  get  his 
money  for  twenty  years,  if  we  take  the  case  in  hand." 

"  You  arc  entire  strangers  to  me  said  the  client,  but  you  have  been 
well  recommended.  Suppose  now  that  the  man  sues  me,  what  will  you 
do?" 

"  First,  we  will  delay  answer  to  the  suit.  Then  we  will  take  deposi- 
tions de  bene  esse  before  a  court  commissioner;  then  summon  foreign 
witnesses,  perhaps  from  Siberia ;  then  on  the  day  of  the  proceedings  our 
business  will  be  of  such  a  nature  that  the  trial  will  have  to  be  post- 
poned ;  then  you  and  we  will  take  turns  in  being  sick,  and  if  at  last  he 
receives  judgment  in  his  favor,  we  will  appeal.  Oh,  it  will  be  twenty 
years  at  least  before  the  plaintiff*  will  get  his  money." 

"  But  what  will  the  attorneys  of  the  other  side  do.'  I  hear  thev  arc 
verv  shrewd  men." 

'*  We  do  not  care  a  continental  for  that,"  said  Smith,  Jones  & 
Smith,  "  who  are  they  }  " 

**  \  do  not  remember  the  name,  but  I  have  one  of  their  letters  with 
me.  Here  it  is,  but,  gentlemen ;  the  —  thunder!  it  is  Smith,  Jones  & 
Smith!" 

The  partners  were  speechless. 

**  I  hoj)e  that  nothing  I  have  said  will  be  used  against  mc,"  said  the 
client,  in  a  submissive  tone,  after  looking  at  the  three  lawyers  in  a  row. 
**  I  beg,  my  dear  sirs,  that  you  will  not  betray  me.  It  was  a  bad  mistake, 
but  I  hope  you  will  not  use  it  against  mc.'* 

.Smith,  Jones  A:  Smith  held  a  short  consultation. 

**  Am  I  in  great  danger.'  *'  said  the  client. 


518  TIIF,    HKXCII     AND    ItAR  OF    WISCONSIN. 

"We  believe  not,"  answered  Smith,  Jones  &  Smith,  "we  are  —  now 
we  —  we  arc  ready  to  let  the  affair  go.  We  will  say  nothing  if — if — 
if  you  will  keep  your  mouth  shut  in  regard  to  our  conversation." 

"Certainly,  certainly,"  smiled  the  client,  "and  in  future  you  shall 
have  all  mv  law  business.'* 

Probably  one  of  the  most  enjoyable  e])isodes  in  the  professional  life 
of  the  lawyer  is  when  attending  court  in  a  country  town  with  a  little 
leisure  on  their  hands,  when  stories,  anecdotes  and  general  hilarity  is  in 
order.  At  one  term  of  the  circuit  court  in  (xreen  county,  the  attorneys 
were  waiting  for  the  judge  —  Pulling  —  to  arrive,  and  as  one  method  of 
passing  off  the  time  a  moot  court  was  i)ut  in  operation.  A  man  would  be 
brought  in  for  trial  in  all  apparent  seriousness,  and  final  judgment  ren- 
dered against  him  for  ten  dollars.  This  he  would  pay  over,  and  the  court 
adjourn  and  drink  it  up;  and  when  again  becoming  thirsty  repeat  the 
operation  with  another  victim. 

At  another  time  they  forced  Judge  Pulling  —  this  was  before  he 
was  a  judge  —  to  mount  a  barrel  and  to  make  a  speech.  The  barrel  head 
fell  in  and  with  it  Mr.  Pulling,  who,  being  rather  brief  in  stature,  pre- 
sented a  ct)mical  appearance;  his  head  just  protruded  above  the  demor- 
alized barrel,  to  the  great  amusement  of  his  brother  lawyers. 

Judge  David  Noggle  was  apt,  so  to  speak,  in  the  misuse  of  words. 
At  a  meeting  of  pionerr  settlers  at  which  he  was  present,  it  was  proposed 
to  take  some  action  upon  the  recent  death  of  one  of  the  club,  who  had 
been  killed  by  the  cars,  ui)un  which  Judge  Xoggle  offered  a  resolution 
to  "congratulate  the  friends  of  the  deceased.'* 

At  another  lime  when  he  was  attending  a  society  meeting  of  a  con- 
gregation that  was  al)Out  to  build  a  church,  and  the  propriety  of  having 
the  usual  ceremony  of  laving  the  corner  stone  was  under  discussion. 
The  judge  was  called  upon  for  his  opinion  —  he  being  a  judge  — 
when  in  the  course  of  his  remarks  he  said,  "it  wa'i  customary  on  such 
occasions  to  place  monunientals  under  the  corner  stone." 

On  one  occasion  when  addressing  a  jury  in  behalf  of  the  plaintiflT, 
he  called  their  attention  to  the  personal  ap|)earance  of  the  defendant, 
and  poinlitig  direct  to  llie  man  iie  exclaimed,  ''you  can  see  f-r-o-d  writ- 
ten upon  his  very  forehead." 


THK    HENCH    AND    HAR    OF    WISCONSIN.  »">!!♦ 

Of  Matt  Carpenter  it  has  been  said  that  the  very  audacity  of  the  man 
was  subhnie.  An  incident  occurred  soon  after  the  present  Chief-Justice 
Waite»  of  the  supreme  court  of  the  United  States,  assumed  his  position. 
Nowhere  is  etiquette  more  rigidly  observed  than  in  the  old  senate  cham- 
ber, which  is  now  the  gloomy  United  States  supreme  court  chambers. 
Its  frigid  solemnity,  it  was  once  remarked,  was  sufficient  to  give  a  Polar 
bear  the  ague.  After  Justice  Waite  had  assumed  the  gown  this  strict- 
ness became  even  more  rigid  than  before.  An  attorney  j)resuming 
to  address  the  court  while  wearing  his  overcoat  was  rebuked  for  his  dis- 
regard of  the  dignity  of  tlie  court.  This  system  did  not  please  Carpen- 
ter, and  he  took  a  method  to  express  his  contempt  for  such  convention- 
ality that,  for  audacity,  exceeds  anything  on  record.  Appearing  in  the 
chamber  to  deliver  an  argument,  he  arose  seemingly  to  address  the 
court,  but  hesitating,  advanced  into  the  august  presence  of  the  mighty 
nine,  and  addressing  the  chief-justice,  requested  him  in  the  blandest 
manner  to  hand  him  a  pinch  of  snufTfrom  the  snuff-box  which  lay  on 
the  elevated  desk  before  him.  Before  the  chief-justice  could  recover 
from  his  surprise  he  was  holding  the  snuff-box  extended  to  the  com- 
placent C\'irpenter,  while  a  suppressed  titter  ran  through  the  assembly 
and  a  smile  rippled  over  the  solemn  countenance  of  more  than  one  of 
the  justices  on  the  bench.  **  Thank  you,  judge,  thank  you,"  said  Car- 
penter, and  then  he  j)roceeded  with  his  argument. 

Of  Judge  Stow.  The  story  about  the  late  Chief-Justice  Whiton's 
handsome  feet  is  literally  correct,  except  that  it  was  Judge  A.  W.  Stow 
instead  of  Isaac  Woodle  who  said  that  if  he  "could  have  Whiton's  feet  he 
would  be  almost  willing  to  also  have  his  head."  Judge  Stow  did  not  have 
club  feet,  but  very  awkward  and  shapeless  ones,  short,  thick,  stubbed, 
without  curves  of  beauty,  and  so  constructed,  as  one  of  our  informants 
slated,  that  the  hollow  would  make  a  hole  in  the  ground.  VVhiton  and 
Stow  were  both  members  of  the  old  supreme  court,  composed  of  the 
circuit  judges,  and  it  was  during  a  term  of  the  cf)urt,  while  they  were 
occupying  the  same  room  as  boarders  at  the  old  National  hotel  at 
Madison,  that  the  conversation  occurred. 

A  j)laintiff  was  sued  before  a  Wisconsin  justice  for  damages  caused 
by  the  bite  of  defendant's  dog;  and  on  the  trial,  while  being  examined 
on  his  own  behalf,  he  was  asked,  **  how  much  he  was  damaged  by  the 


O"20  I'HK    P.KNl.H     AN'I>    WAR    OF    WISCONSIN. 

dog  ?"  This  was  objected  to  by  defendant's  counsel,  when  the 
esquire,  who  was  a  Hibernian,  said  he  would  put  the  question  himself, 
which  he  did  thus :  ''  This  is  the  question  :  What  would  ye  tak  to  be  bit 
by  the  same  dog  agin  ?"     This  decided  the  matter. 

Several  years  since  a  circuit  court  in  Wisconsin  was  in  session.  Judge 
Blank  presiding.  A  man  was  on  trial  for  a  violation  of  the  law  to  sup- 
press gambling.      Mr.  K. was  defending  him.     A  witness  on  the 

stand  talked  glibly  of  ** checking,"  "  passing'*  and  **  going  blind."  The 
defendant's  counsel  appeared  to  understand  these  terms  without  diffi- 
culty.    The  judge,  who  enjoyed  a  joke,  said  to  him  :  **  Mr.  K.. ,  you 

seem  to  understand  the  witness ;   will  you  explain  the  terms  used  by 

him.'*"     A  suj)])ressed  Uughter  rang  through  the  room;  but  Mr.  K. 

was  equal  to  the  emergency;  he  walked  deliberately  up  to  the  bench, 
and  reaching  out  his  hand  in  the  most  innocent  manner  in  the  world, 
answered,  "certainly,  sir,  certainly,  if  your  honor  will  be  kind  enough  to 
lend  me  your  deck.'* 

A  stranger  came  into  the  office  of  J.  H.  Knowlton  and  abruptly 
informed  him  that  his  wife  had  deserted  him.  and  wished  to  have  her 
replevined  at  once.  Mr.  Knowlton  told  him  that  remedy  would  not 
meet  his  case  exactly,  and  went  on  to  inform  him  that,  if  he  would  be 
patient  until  the  desertion  had  continued  one  year,  he  could  obtain  a 
divorce.  The  stranger  said  that  he  did  not  know  as  he  wanted  a  divorce; 
what  he  most  feared  was,  that  his  wife  would  run  him  in  debt  all  over 
the  country.  "In  that  case,"  said  Judge  Knowlton,  **  you  had  better 
post  her."  What  his  client  understood  him  by  posting  remains  a  mys- 
tery to  this  day.  He  said,  in  a  meditative  way,  that  he  did  not  know 
where  she  had  gone,  and  besides  that  she  was  fully  as  strong  as  he  was, 
and  he  did  not  believe  he  could  post  her,  even  if  he  knew  where  to  find 
her.  Mr.  Knowlton  hastened  to  ir.form  him  that,  by  posting  his  wife, he 
meant  putting  a  notice  in  a  newsi)apcr,  saying:  *' Whereas,  my  wife, 
Helen,  has  left  my  bed  and  board  without  just  cause — "  But  that  is  not 
true,"  interruj)ted  the  client,  **that  is  not  true — she  didn't  leave  my  bed 
— she  took  it  away  with  her." 

Mr.  Hood  and  Mr.  Thompson,  both  residing  in  Madison,  looked  so 
much  alike  that  it  was  often  found  difficult  to  distinguish  them  from 


THK    HKNCH    AND    BAR    OF    WISCONSIN  .^'^  1 

each  other.  On  one  occasion,  Mr.  Hood  had  a  note  discounted  in  a 
bank  at  Madison,  which  had  recently  been  opened.  A  few  days  after 
the  note  had  matured,  the  clerk  of  the  new  bank  was  sent  out  to  find  Mr. 
Hood  and  notify  him  of  the  state  of  affairs.  The  clerk  met  Mr.  Thomp- 
son in  the  street,  and  thinking  he  had  struck  his  man,  informed  him  that 
his  note  was  due.  Mr.  Thompson,  seeing  the  chance  for  a  joke,  said 
that  he  had  been  expecting  to  have  the  money  but  had  been  disappointed, 
and  asked  for  a  renewal  of  ninety  days,  which  was  granted.  Mr.  Thomp- 
son then  went  to  Mr.  Hood  and  informed  him  what  he  had  done,  at 
which  Mr.  Hood  was  delighted,  saying  that  when  the  time  was  out  he 
would  be  greatly  obliged  to  him  to  renew  the  note  for  another  ninety 
days. 

In  New  England  it  is  the  custom  for  all  members  of  the  bar  to 
commence  their  professional  career  in  the  capacity  of  justice  of  the 
peace,  consequently  the  lawyers  of  that  region  have  one  and  all 
accjuired  the  honorable  title  of  **  'squire.**  A  gentleman  from  Massa- 
chusetts, Mr.  M.'  F.  \Ving*s  native  state,  was  visiting  at  La  Crosse, 
and  being  told  that  a  Massachusetts  man  was  an  inhabitant  of  the 
town,  he  expressed  a  great  desire  to  see  him.  After  the  ceremony 
of  introduction  had  been  gone  through  with,  Mr.  Wing  was  asked  by 
his  new  acquaintance,  with  Yankee-like  inquisitiveness,  what  his  oc- 
cupation was.  He  naturally  enough  replied  that  he  was  an  attorney. 
The  New  Knglander,  after  searching  his  own  mental  vocabulary  for 
the  meaning  of  the  word,  ingeniously  put  the  (]uestion, 

**  Have  you  a  turning  lathe  ?  " 

"  No,  I  am  a  lawyer,*'  was  the  startled  reply. 

'*  Ah,  well  then,  I  am  glad  to  have  met  you,  *squire.*' 

The  New  Knglander  was  no  longer  dealing  in  foreign  words. 

(General  (fill  relates  an  amusing  incident  of  his  early  professional 
career.  He  came  to  Watertown,  Wisconsin,  from  central  New  York 
about  the  year  1853,  being  then  about  twenty-three  years  ot  age.  He 
had  a  small  but  well-chosen  library,  and  was  full  of  courage  and  confi- 
denc  e.  The  first  case  that  he  was  employed  upon,  however,  resulted 
most  disastrously,  and,  as  he  asserts,  came  near  driving  him  out  of  the 
legal  profession  The  majority  of  the  peo[)le  of  Watertown  were  of 
(icrman  birth  or   parentage,  and  our  young  lawyer  was  employed  one 


')*^*i  TIfK    BKNCH    AND    HAR    OF    WISCONSIN. 

day  to  try  a  case  in  dispute  between  two  citizens  of  the  above-named 
nationality.  His  client,  the  plaintiff,  asked  damages  of  the  defendent 
for  injury  committed  by  the  latter's  cow,  which  had  been  allowed  to 
run  at  large,  contrary  to  the  ordinances,  and  had  broken  into  the 
plaintiffs  garden.  The  suit  was  brought  before  an  old  Dutch  justice, 
and  as  the  day  was  very  warm,  he  adjourned  the  court  from  his  office 
to  the  shade  of  a  large  tree  a  few  rods  distant.  A  jury  consisting  of 
six  honest  German  burghers  was  impaneled.  There  was  no  dispute  as 
to  the  facts  alleged  or  as  to  the  amount  of  damage  inflicted,  so  Mr.  Gill 
contented  himself  with  reading  the  ordinance,  which  stringently  prohib- 
ited the  running  at  large  of  cattle,  and  sat  down  in  the  confident 
expectation  of  a  verdict.  The  opposing  counsel,  to  Gill's  great  amuse- 
ment, never  touched  ui)on  the  question  at  issue,  but  devoted  his  whole 
time  to  berating  rich  people  who  seek  to  oppress  the  poor,  and  espe- 
cially in  the  way  of  refusing  the  latter  the  small  privilege  of  pastur- 
ing their  cows  on  the  grass  grown  on  street  sides.  To  that  sort  of 
an  argument  Mr.  Gill  thought  it  ridiculous  to  make  any  response, 
and  so  the  jury  retired  at  its  close  to  the  shade  of  another  tree  for 
consultation.  They  were  not  gone  long,  and  our  young  attorney's 
astonishment  and  horror  can  be  imagined  when  the  foreman  arose  and 
impressively  said :  **  May  it  blease  the  gourt,  ve  vind  the  blaintiff 
guilty."  Gill  says  that  for  an  hour  or  two  he  felt  inclined  to  throw 
his  library  into  the  river,  and  hire  out  to  a  drayman;  but  he  soon 
thought  better  of  it  and  his  subsec^uent  career  is  marked  with  brill- 
iant professional  victories;  thus  showing  that,  if  a  young  lawyer 
has  the  right  kind  of  stuff  in  him,  early  defeats  only  serve  to  stimu- 
late him  to  efforts  that,  in  the  result,  are  certain  to  win. 

In  a  case  in  the  United  States  supreme  court  at  Washington,  Mr. 
Carpenter,  the  counsel  opposed  to  Mr.  Ryan,  proj)osed  to  supply  some 
omission  or  neglect  on  his  |)art  by  filing  the  recjui.sitc  paper,  Hunc  pro 
titnc^  Mr.  Ryan  said  that  it  reminded  him  of  the  Dutch  justice  who 
was  apj)lied  to  to  marry  a  couple,  and  the  justice  told  the  applicants 
that  his  commission  had  expired,  but  that  they  might  go  and  behave 
just  like  married  folks,  and  come  back  next  week,  when  his  commis- 
sion would  be  renewed,  and  then  he  would  marry  them  nunc  pro  tunc. 


TUF.    BKNCH     AM)    BAR    OF    WISCONSIN.  ^>2fi 


ATTORN KYS    IN    PRACTICE 

Adams  county  —  Friendship,  J.  B.  Harrison,  O.  B.  Lapham,  S.  W. 
Pierce,  Adriel  Bean. 

Ashland  county  —  Ashland,  John  J.  Miles,  W.  M.  Tompkins. 

Barron  county —  Rice  Lake,  V.  M.  Angell,  G.  H.  Barwise,  Sr.,  I.  C. 
Sargent,  VV.  A.  Hylman.  Barron,  J.  F.  Coe,  H.  J.  Sill,  W.  P.  Swift,  C.  S. 
Taylor.     Cumberland,  C.  C.  Kinsman.     Cheteck,  W.  R.  Smith. 

Bayfield  county —  Bayfield,  J.  H.  Knight,  .Andrew   Fate. 

Brown  county — Cireen  Bay,  C.  W.  Bailey,  L.  J.  Billings,  Van  Buren 
Bromley,  T.  G.  Case,  E.  H.  Ellis,  G.  C.  Green,  I).  H.  Grignon,  S.  D. 
Hastings,  Jr.,  'I'.  R.  Hudd,  H.  J.  Huntington,  W.  J.  Lander,  F.  G.  Lee, 
M.  P.  Lindsay,  M.  L.  Martin,  A.  C.  Neville,  J.  C.  Neville,  L.  B.  Sale,  J. 
J.  Tracy,  C.  Vroman,  J.  H.  .M.  Wignian.  Deperc,  Cr.  F.  Merrill,  E.  F. 
Parker.      Kaukauna,  E.  C.  Eastman. 

Buffalo  county  —  Alma,  T.  Buehter,  R.  Lees,  C.  Moser,  Jr.  Foun- 
tain City,  A.  F'inkelnburg,  \V.  F.  Finkelnburg.  Gilmanton,  Edward  Lees. 
Mondovi,  S.  G.  Crilman,  J.  W.  McKay,  J.  W.  Wheelan. 

Burnett  county  —  (irantsburg,  W.  R.  Maxwell,  E.  M.  Wilson. 

Calumet  county  —  Chilton,  T.  Lynch,  J.  E.  McMullen,  A.  A.  Nugent, 
J.  Paul  us. 

C^hippewa  county  —  Chippewa  Falls,  J.  M.  Bingham,  W.  F.  Boland, 
I>.  Bu(  hanan,  Jr.,  J.  S.  Carr,  P.  H.  Foster,  L.  Gandit,  A  (iough,  VV.  R. 
Hoyt,  J.  J.  Jenkins,  R.  I).  .Marshall,  W.  L.  l*rice,  H.  Richardson,  VV.  H. 
Stafford,  j.  P.  Wall,  C.  J.  Wittse,  F.  T.  Condit.  Bloomer,  A.  Jackson, 
C.  I).  Tillinghart. 

Clark  county — Neillsville,  R.  Dewhursl,  L.  A.  Doolittle,  B.  F. 
French,  R.J.  McBride,  J.  O'Niell,  Jr.,  M.  C.  Ring,  J.  R.  Sturdevant,  L. 
M.  Sturdevant,  C.  A.  Youmans,  R.  F.  Kount/.,  Joseph  Morely.  ('olby, 
C  F   (irow,  R.  B.  Salter. 

Columbia  county  —  Portage,  J'.  Armstrong,  Jr.,  E.  S.  Baker,  L.  W. 
Barden,  IL  Briggs,  J.  Buckwell,  Ci.  J.  Cox,  G.  Curtis,  Jr.,  H.  H.  Curtis, 
C.  L.  Dcring,  J.  J.  (iuppy,  J.  H.  Rogers,  A.  Stewart,  W.  S.  Stroud,  J.  B. 
Taylor.  Lodi,  R.  Lindsay,  S.  H.  VV^itson,  B.  C.  Lament.  Columbus,  E. 
Von  JUiessen,  .\  (i.  C'ook,  J.  V.  Lewis,  J.  S.  Maxwell,  G.  W.  Stephens. 
Kilbourn  City.  J.  Bowman,  T.  B.  Coon,  W.  IL  Mylrca,  P.  G.  Strand. 
Poynctte,  J.  P.  Wilson.     Cambria,  Peter  Williams. 


'i2A  riiK  r.KNi  If  and  ij.vr  of  Wisconsin. 

C^rawfonl  county —  IVairie  dvi  C^hien,  Peter  Doyle,  W.  H.  Kvans,  C. 
S.  Fuller,  M.  K.  Norris,  J.  H.  Savage,  O.  \l.  'I'hoinas,  I,.  F.  S.  Viele, 
Daniel  Webster.  Manette,  S.  S.  Ferrell.  Bell  Center,  f .  N.  Kast.  North 
Star,  K.  Keiley.  De  Soto,  G.  \..  Miller,  Kastman,  S.  C.  McCline. 
Yankeetown,  A.  Montgomery.  Wheatville,  W.  B.  Walton.  Soldier's 
Grove,  T.  B.  Ward. 

Dane  county  —  Madison,  1.  C  Sloan,  Breese  J.  Stevens,  W.  A.  F. 
Morris,  J.  C.  Gregory,  Chas.  N.  Gregory,  S.  U.  Pinney,  A.  L.  Sanborn, 
Henry  M.  Lewis,  Herbert  A.  Lewis,  Glias.  F.  Harding,  Wm.  F.  Vilas, 
Ld.  K.  Bryant,  E.  P.  Vilas,  Rufus  B.  Smith,  W.  H.  Rogers,  Elisha  W. 
Keyes,  Jos.  S.  Keyes,  Thomas  H.  Gill,  H.  W.  ('hynoweth,  'I'.  B.  Chyno- 
weth,  F.  I.  Lamb,  Burr  W.  Jones,  F.  K.  Parkinson,  H.  Pfund,  J.  M.  Olin, 
I/.  J.  Grinde,  R.  M.  LaFollette,  R,  G.  Siebecker,  E.  A.  Hayes,  J.  O. 
Hayes,  Chas.  N.  Brown,  J.  L.  O'Connor,  Alden  S.  Sanborn,  J.  H  C'ar- 
penter,  P.  L.  S|)ooner,  R.  NL  Bash  ford,  W.  L.  Smith,  Hans  Si)ilde,  F.  K. 
Conover,  J.  C.  Ford,  \L  P.  Jerdee,  O.  H.  Orton,  John  D.  (iurnee,  C.  T. 
Wakeley,  J.  M.  Bowman,  B.  E.  Hutchinson,  P.  B.  Kissam.  Sun  Prairie, 
E.  A.  Spencer.  Marshall,  Geo.  }\.  Norton.  Stoughion,  L.  K.  Luse. 
Oregon,  .\L  NL  Green,  F.  D.  Powers.  Black  Earth,  T.  H.  Taylor. 
Mazomanie,  Henry  Howarih,  Ci  H.  Hart.      Waunakee,  P.  R.  Tierney. 

Dodge  county —  Beaver  Dam,  J.  J.  Dick,  H.  L.  Eaton,  E.  Elwell,  G. 
Hebgen,  11.  W.  Lander,  Dana  Lanvler,  C.  K.  Miller,  E.  C  Pratt,  A.  Scott 
Sloan,  S.  L.  Rose.  Juneau,  L.  T.  Fribert,  E.  C.  Lewis,  J.  E.  Malone.  E. 
Lowth,  P.  (i.  Lewis,  R.  C.  Lewis,  (J.  W.  Sloan,  C.  Henning.  Waupun,  E. 
NL  Beach,  ('.  K.  Hooker,  I'Ji  Hooker,  R.  S.  Oliver,  S.  J.  Sumner,  S.  J, 
Morse,  W.  H.  Frost,  S.  R.  X'aughn.  Horicon,  C.  Allen,  J.  B.  Hays. 
Fox  Lake,  F.  Hamilton,  W.  Hamilton,  H.  S.  Murwin.  Mayville,  A.  K. 
Delaney,  S.  W.Lamoreux,  V\  M.  Lawrence,  P.  B.  Lanioreux.  Waterlown, 
(\  H.  Gardner.  Lowel,  James  Lowtli.  G.  W.  W.  Tanner.  Theresa,  P. 
Langenfeld. 

Door  county  —  Sturgeon  Bav,  (i.  W.  .Mien,  O.  E.  Dnietzer,  R.  P. 
Cody,  \  .  y.  Druelzer,  F.  J.  Hamilton,  H.  M.  .M<  Nally,  I).  H.  Reed,  H. 
J.  Scudder,  L.  NL  Sherman.      Fish  ('reek,  R.  M.  Wright. 

Douglas  county  —  Superior,  J.  W.  Rurhans,  S.  H.  Clough,  G.  H. 
Perry,  J.  .S.  Richie,  Hiram  Hayes, Havnes. 

Dunn  county — Mrnomonee,  E.  G.  Bundy,  N.  F.  C'arpenter,  C.  E. 
Freeman,  S.  W.  Hunt,  J.  H.  Ives,  J.  Relley,  Jr.,  R.  Macauley,  F.J. 
.McLean,  W.  ('.  .\I(  Lean,  E.  B.  .\Linwaring,  J.  R.  NLathews,  G.  Shafer, 
R.  C.  Wliitford. 


IHK    HKNCH    AM)    BAR    OF    WISi'ONSIN.  ^^'^'^ 

Eau  Claire  county — Eau  (Claire,  W.  F.  Bailey,  E.  M.  Barilett,  M.  D. 
Bartlett,  W.  W  Bartlett,  J.  H.  Chilbertson,  R.  E.  Doolittle,  W.  \V.  Downs, 
J.  F.  Ellis,  T.  F.  Frawley,  A.  M.  (iibbons,  M.  Griffin,  H.  H.  Hayden,  L. 
W.  Larson.  S.  VV.  McClaslin,  A.  Meggett,  J.  F.  Salisbury,  i\.  E.  Teall,  L. 
M.  Vilas.      Augusta,  I.  B.  Bradford,  R.  I>.  Campbell,  |.  C.  Crawford,  J. 

B.  Irwin. 

Fond  du  Lac  county —  Fond  du  I,ac,  I).  Bahcock,  E.  Bissell,  A.  M. 
Blair,  E.  S.  Bragg,  S.  L.  Braslcd,  \\.  Cohnaii,  J.  Coleman,  Ci.  W.  Carter, 
W.  I).  Conklin,  H.  E.  Connit,  F.  F.  Duffy,  ('.  A.  Eldredge,  A.  B.  Eldredge, 

C.  L.  Fredeiick,  H.  J.  (iersheide,  N.  C'.  Oiftin,  N.  S.  (iilson,  J.  H. 
Hauser,  J.  VV.  Hiner,  W.  H.  Hurley,  A.  A.  Kelley,  J.  E.  Kent,  C.  P. 
Knowles,  P.  H.  Martin,  C.  S.  Matteson,  C.  McLean,  G.  Perkins,  D.  VV. 
C  Priest,  H.  F.  Rose,  C  E.  Shepard,  C'.  D.  Smith,  T.  VV.  Spence,  G.  E. 
Sutherland,  F.  O.  Thorp,  J.  F.  Ware,  O.  T.  VV^illiams.  Brandon,  H.  A. 
Brown,  D.  VVhitton.  Ripon,  C.  L.  Catlin,  Jere  Dobbs,  J.  J.  P'oote,  H. 
E.  Greise,  T.  Harris,  L.  E.  Reed,  E.  L.  Runals,  VV.  VV.  D.  Turner. 

Grant  county — Lancaster,  A.  R.  Bushnell,  J.  G.  Clark,  George 
Clemenison,  J.  T.  Mills,  R.  C.  Orr,  A.  P.  Thompson,  R.  A.  VVatkins,  L. 
J.  Arthur.  Platteville,  VV.  U.  Beebe,  A.  VV.  Bell,  VV.  E.  Carter,  J.  VV. 
Murphy,  H.  H.  Rountree,  T.  L.  Clcary,  Thos.  H.  Robertson.  Boscobel, 
r.  J.  Brooks,  VV.  Dutcher,  J.  D.  Wilson,  (i.  C.  Hazelton,  A.  VV.  Hicks, 
E.  M.  Lowry,  A.  McF'all,  A.  Provis,  L.  J.  VVolley.  Muscoda,  H.  F. 
McNelly,  C.  G.  Rodolph.  Pair  Play,  Samuel  Merrick.  Potasi,  J.  VV. 
Seaton.  Hazel  Green,  H.  D.  York.  Bloomington,  VV.  B.  Clark.  Mont- 
fort,  VV.  E.   Bell. 

(ireen  county — Monroe,  S.  W^  Abbott,  E.  Bartlett,  P.  J.  Clawson, 
A.  S.  Douglas,  B.  Dunwiddie,  R.  D.  Evans,  J.  B.  (ialusha,  C.  Goetz,  B. 
S.  Kerr,  If.  Medbury,  L.  Rote,  W.  VV.  Wright.  Albany,  J.  B.  Perry. 
Brodhead,  C.  N.  C^arpenter,  O.  S.  Putnam,  A.  M.  Randall,  B.  Sprague. 
Juda,  J.  IL  P\men. 

(ireen  Lake  county — Princeton,  H.  M.  Comstock,  and  Xiskcru. 
Berlin,  M.  L.  Kimball,  I.  N.  Rogers,  O.  F.  Silver,  J.  V.  Snelling,  Ci.  D. 
Waring,  D.  Junor,  }.  C.  Truesdell,  A.  E.  Dunlap.  Markesan,  F.  J. 
Knight,  A.  McC!racken.     Kingston,  J.  J.  Cauley,  P.  Walsh. 

Iowa  county — Mineral  Point,  T.  S.  Ansley,  M.  M.  Cothren,  VV.  T, 
Henry,  Cyrus  Sawyer,  C.  VV.  Mclllhen,  J.  M.  Smith,  C.  Spensley,  M.  M. 
Strong,  A.  Wilson.  Dodgeville,  M.  J.  Briggs,  R.  Carter,  J.  J.  Hoskins, 
A.  Jenks,  J.  T.   Jones,  A.   Mc.Vrthur,  S.  VV.  Reese,  O.  C.  Smith,  J.   P. 


526  THK    BKXCH    AND    BAR    OF    WISCONSIN. 

Smelker.     Avoca,  P.  H.  Quinn.    Mifllin,  Thomas  Patefield.    Highland, 

B.  Temes,  H.  L.  Frost,  John  Grace.  Linden,  J;  W.  Taylor.  Cobb, 
Henry  I).  Fruit. 

Jackson  county — Black  River  Falls,  C.  F.  Ainsworth,  C.  R.  Johnson, 
A  J.  Marsh,  C.  M.  Olson,  G.  M.  Perry,  C.  C.  Pope,  F.  C.  Weed,  C.  C. 
Pope,  W.  T.  Price,  H.  E.  Thompson,  F.  C.  Weed.  Merrillan,  E.  A. 
Andrews,  G.  P.  Roosman.     Melvina,  J.  A.  Johnson. 

Jefferson  county  —  G.  W.  Bird,  I.  W.  Bird,  N.  Bruett,  R.  B.  Kirkland, 
W.  L.  McKenna,  W.  H.  Porter,  N.  Steinaker.  Fort  Atkinson,  W.  H. 
Allen,  G.  W.  Burchard,  C  A.  Caswell,  L.  B.  Caswell,  W.  H.  Rogers,  G. 

C.  Smith.  Waterloo,  S.  M.  Cour.  D.  A.  Seeber.  Watertown,  C.  H. 
Gardner,  D.  Hall,  K.  T.  Masterson,  H.  Mullerga,  H.  Pease,  C.  B.  Skin- 
ner, F.  B.  Tuttle,  A.  G.  Steiner.  Lake  Mills,  John  Winnich.  Johnson*s 
Creek,  W.  W.  Woodman. 

Kenosha  county  —  Kenosha,  M.  A.  Baker,  J.  Bond,  S.  Y.  Brand, 
J.  Cavanagh,  A.  G.  Cole,  J.  P.  English,  J.  W.  Hayes,  C  Quarlcs,  J. 
M.  Stebbins,  E.  C.  Theirs. 

Kewaunee  county  —  Ahnapee,  J.  R.  McDonald,  M.  McDonald,  M. 
T.  Parker,  J.  L.  V.  Yates.  Kewaunee,  F.  E.  Manseau,  W.  H.  Timlin, 
F.  W.  White,  G.  W.  Wing,  R.  A.  Wing. 

Juneau  county — Necedah,  A.  Green,  Jr.  Mauston,  H.  W.  Barney, 
P.  R.  Briggs,  J.  Turner,  F.  S.  Verder,  F.  Winsor.  New  Lisbon,  H.  H. 
Hatch,  J.  J.  Hughes,  C.  E.  Macomber,  R.  Smith,  A.  C.  Wilkinson. 
Wonewoc,  Durand  Mowry,  R.  A.  Wilkinson.     Elroy,  N,  B.  Wilkinson. 

La  Crosse —  La  Crosse,  J.  Brindley,  B.  F.  Bryant,  C.  W.  Bunn,  W, 
S.  Burroughs,  A.  Cameron,  H.  (^imeron,  J.J.  Cole,  H.  S.  Daniels,  J.  J. 
Fruit,  Geo.  H.  Gordon,  M.  FLiyes,  C.  L.  Hood,  W.  E.  Howe,  H.  E. 
Hubbard,  C.  K.  Lord,  J.  W.  Losev,  Chas.  B.  Miller,  G.  C.  Prentiss,  H. 
M.  Safford,  W.  H.  Stogdill,  F.  J.  Toeller,  M.  Tourtellotte,  T.  J.  Widvey, 
M.  P.  Wing,  G.  M.  Woodward. 

La  Fayette  county  —  Darlington,  J.  H.  Clary,  T.  C.  L.  Mackey,  H. 
S.  Magoon,  G.  A.  Marshall,  J.  (i.  Monahan,  A.  J.  O'Keefe,  P.  A.  Orton. 
C.  F.  Osborn,  D.  S.  Rose,  J.  K.  Rose.  Shullsburg,  M.  Hollister,  T.  J. 
Law,  P.  B.  Simpson.  Belmont,  .V.  C.  Murphy,  N.  Olmstead.  Benton, 
Mathew  Murphy.     Argyle,  E.  P.  Rogers.     Gratiot,  N.  E.  Tully. 

Langdale  county  —  .Antigo,  George  W.  Latta,  L.  W.  Bliss,  M.  M.  Ross. 

Lincoln  county — Merrill,  W.  H.  Cannon,  H.  C.  Hertzell,  S.  M. 
Hoyl,  B.  M.  McCord,  Van  R.  Willard. 


I'HK    BKNCH     Wn    BAR    OF    WIsroNSIN.  .*»•?* 

Manitowoc  county -- Manitowoc,  J.  S.  Anderson,  (i.  B.  JJyron,  R. 
P.  Eaton,  C.  E.  Estabrook,  G.  A.  Forrest,  M.  Kirwin,  J.  I).   Markham, 

E.  G.  Nash,  L.  J.  Nash,  A.  j.  Schmitz,  H.  Sibree,  G.  G.  Sedgwick, 
H.  c;.  Turner,  W.  J.  Turner,  C:.  W.  White,   W.  A.  Walker,  S.  A.  Wood. 

Marathon  county  —  Wausau,  C  V.  Bardeen,  N.  A.  Brown,  E.  L. 
Bump,  M.  M.  Charles,  C.  F.  Crosby,  C.  T.   Eldred,  H.  H.  Grace,  H. 

B.  Huntington,  M.  A.  Hurley,  B.  W.  James,  J.  A.  Kellogg,  C.  H. 
Mueller,  T.  Ryan,  W.  C.  Silverlhorn,  Louis  Prodt,  Neal  Brown,  M. 
Livermore. 

Marinette  county —  Marinette,  C.  C'.  Daily,  C  J.  Faber,  J.  I).  Fair- 
child,  H.  O.  Fairchild,  A.  Holgate.  Florence.  A.  G.  M.  Massco,  C.  F^. 
Mcintosh. 

Marquette  county — Montello,  J.  Barry,  I).  K.  Devam,  S.  A.  Pease, 
W.  H.  Peters.  Orford,  H.  H.  Taylor,  G.  W.  VVestfall.  Packwaukee, 
James  Duff.     Dougla.s,  Silas  (».  Mills. 

Milwaukee  county —  E.  H.  Abbott,  R.  K.  Adams,  W.  R.  Adams,  R. 
N.  Austin,  VV.  H.  .\ustin,  A.  J.  lieaumont,  A.  C.  Behne,  M.  ('.  Bice,  F. 
Bloodgood,  E.  H.  Bottum,  F.  J.  l^orchardt,  M.  H.  Brand,  A.  H.  Brown, 
J.  R.  Brigham,  C.  S.  Brown,  A.  R.  R.  Butler,  John  A.  Butler,  H.  S.  Bux- 
ton, A.  L.  Cary,  J.  W.  (3ary,  M.  B.  Cary,  E.  F).  Chapin,  I.  S.  Clark,  J.  M. 
Clark,  L.  Collins,  E.  G.  ('omstock,  I..  M.  Comstock,  J.  M.  Connolly,  E. 

F.  Cook,  J.  P.  C'.  Coitrill.  F.  W.  Cotzhausen,  I).  J.  Dalton,  J.  G.  Devens, 
DeWitt  Davis,  C.  C.  Dey,  H.  W.  Dixon,  L.  S.  Dixon,  S.  M.  Dixon.  J.  G. 
Donnelly,  J.  Downer,  W.  H.  Ebbets,  J.  A.  Eggen,  ¥,.  S.  Elliott,  T.  B. 
Elliott,  A.  C  Emmons,  H.  Emmons,  N.  J.  Emmons,  G.  Engel,  J.  B. 
Irwin,  A.  E.  Evans,  O.  J.  Fieburg.  H.  H.  Field,  A.  Finch,  H  M.  Finch, 
J.  (i.  Flanders,  1.  T.  Ford,  A.  C.  Frazer.  J.  E.  Friend,  W.  E.  Furlong, 

G.  P.  GifTord,  Sr.,  B.  M.  Goldberg,  G.  B.  Goodwin,  W.  Ciraham,  S.  W. 
(iranger,  E.  P.  Hackett,  L.  W.  Halsey,  C  .A.  Hamilton,  Burton  Hanson, 
G.  P.  Harrington,  G.  W.  Hazclton,  A.  Herdegen.  J.  Hickcox,  D.  (i. 
Hooker,  S.  Howard,  F.  M.  Hoyt,  J.  G.  Jenkins,  D.  H.  Johnson,  E.  E. 
Johnson,  F.  J.  Johnson,  G.  I..  Jones,  Kale  Kane,  C.  D.  Ktndrick,  ('.  S. 
Kitchell,  C.  A.  Koefilcr,  Jr.,  A.  ;\.  Krause,  M.  C.  Krause,  G.  L.  Kurtz, 

C.  W.  Lakin,  G.  W.  Lakin,  C.  P.  Larkin,  M.  N.  Lando,  G.  H.  Lawrence, 

W.  Loring,  J.  C.  Ludwig,  R.  Luscombe,  W.  P.  l,ynde,  W.  P.  I^yndc,  Jr., 

J.  H.  I,ambe,  W.  McF^lroy,  Jr.,  J.  P.  McGregor,  J.  C.  McKcnney,  M. 

N.  McLaren,  J.   F.   .\Ic Mullen,    (i.  McWhorter,  G.  A.  Mallory,  J.  A. 

Mallory,  C  D.  Maun,  J.  E.  Mann,  E.  Mariner,  (».  E.  Markham,  H.  H. 
31 


^i'2S  rHK    I'.KNC  11     AM*    HAK    OK    WISCilNSlN. 

Markhain,  (-.  K.  Martin,  N.  Masson,  (i.  Maxon,  A.  G.  Miller,  B.  K- 
Miller,  B.  K.  Miller,  Jr.,  H.  M.  Miller,  I).  C.  Millelt,  W.  S.  Milligan,  H. 
Morris,  W.  H.  Morris,  N.  S.  Murphey,  G.  H.  Noyes,  T.  O'Meara,  J.  H. 
Opdale,  D.  S.  ()rdwa\,  J.  J.  Orton,  H.  I..  Palmer,  J.  M.  Pereles,  T.  J.  Pere- 
les,  K.  1).  Peterson,  A.  Phalen,  J.  V.  V.  Plalto,  J.  M.  W.  Pratt,  W.  J.  Quinn, 
J.  S.  Randall,  |.  S.  Raney,  K.  Renkenna,  |.  R.  Riess,  F.  Rielbrook,  D. 
G.  Rojj:ers,  S.  Rosendale,  A.  ('.  Riinkle,  H.  C  Riinkle,  P.  Riipp,  Hugh 
Ryan,  F.  Scheiber,  H.  G.  Schley,  W.  F.  Schoof,  L.  B.  Schram,  O.  B. 
Seaman,  K.  Shawvan,  T.  R.  Sliepard,  A.  A.  L.  Smith,  K.  P.  Smith,  VVinfield 
Smith.  \).  W.  Small,  P.  J.Somers,  T.  T.  Somers,  J.  Stark,  S.  A.  Stout.  G. 
Sylvester,  J.  Thomi)Son,  Jr.,  J.I.  I'hompson,  \V.  J.  Turner,  1).  A.  J.  Up- 
ham,  G.  1).  Van  Dyke,  J.  H.  Van  Dyke,  \V.  D.  Van  Dyke,  F.  B.  Van 
Viilkenburg,  A.  Van  Wyrk,  II.  Van  Wyek,  F.  Vollrath,  Emil  Wallber,  J. 
A.  Wall,  I).  S.  Wtgjz,  H.  K.  Weiskoff,  A.  <;.  Wcisserl,  C.  K.  Wells,  J.  P. 
Wiboig,  J.  E.  Wildish,  W.  C.  Williams.  W.  W.  Wight,  F.  C.  Winkler,  L. 
Wvman. 

Monroe  county — Sparta,  A.  K.  Hlcekman,  F.  .\.  liloomingdalc,  S. 
N.  Dickinson,  (\  M.  Masters,  J.  .\I.  Morrow,  G.  A.  Richardson,  T.  B. 
Tyler,  C-  W.  Meadows.  Tomah,  F.  K.  Cam})l)cll,  (i.  Graham,  H.  C. 
Spaiilding 

Oiitagamee  county — A|)j)leton,  W.  J.  Allen,  D.  ('.  Babcock,  S.  Baird, 
L.  Barnes.  J.  Ilottensek,  S.  Moyd.  O.  K.  ('lark,  A.  L.  Collins,  J.  Good- 
land,  L.  Hammell,  J.  I'..  Marriman,  G.  (!.  Jones,  A.  H.  Kellogg,  G.  H. 
Myer,W.  Kennedy,  H.  Piercr,  H.  D.  Ryan,  W.  C  Sloan,  II.  W.  Tenney, 
W.  S.  Warner,  II.  Want/,  S.  Ryan,  J.  Rocmer.     Kaukauna,  E.  G.  Eastman. 

Oconto  county — Oconto,  A.  Brazeaii,  R.  Ellis,  A.  Reinhart,  O.  F. 
Trudell,  V..  H.  Webster,  11.  II.  Woodmansee.  Maple  Valley,  R.  W. 
Hubbell. 

Ozaukee  <  ounty — Port  Washington.  L.  H.  Goe,  G.  H.  Foster,  J. 
Hedding,  D.  N.  Jackson,  W.  A.  Pors.  W.  A.  Stewart,  L.  Towsley,  E.  S. 
Turner.     Ccdarburg,  F.  W.  Horn. 

Pepin  conniv — Durand,  J.  D.  Eldridge,  J.  Frazer,  H.  E.  Houghton. 

Pierce  county — River  Falls,  N.  P.  Ilaugen,  E.  K  Helms,  W.P.Knowles, 
G.  Smith.  W.  \  annata,  .V.  P.  Weld,  J.  H.  Wilkinson.  Ellsworth,  F.  L. 
(jilson,  A.  ('anibac  ker,  J.  W.  Hancock,  P.  D.  Pierce.  Maiden  Rock, 
.A.  Cook.  Prescott.  E.  H.  Ives,  F.  .A.  Ross,  J.  S.  White.  Rock  Elm 
('enter,  H.  I.owater. 

Polk    county — Wajzon    Landing,   V.   M.   Babcock.      Osceola    Mills, 


IHK    Bfc.M  H    AND    BAR    (>K    WISIONMN.  Ti'^H 

H.  H.  Dike,  G.  D.  McDill,  C  H.  Oakley,  J.  Post.  St.  Croix  Falls,  C. 
H.  Ladd,  N.  B.  Ladd.     Clear  Lake,  H.  B.  Hurbank,  F.  M.  Nyc 

Portage  county — Stevens  Point,  W.  R.  Bnrnes,  G.  W.  Cate,  1).  Lloyd 
Jones,  J.  A.  Felch,  W.  VV.  Haseltine,  H.  W.  Lee,  W.  H.  Packaid,  G.  L. 
Park,  J.  O.  Raymond,  A.  W.  Sanborn,  A.  L  Smith.  J.  Stampfi.  Plover, 
\V.  R.  Alban,  O,  Lamoreux. 

Racine  county — C.  A.  Brownson,  W.  Crosten,  J.  E.  Dodj^c,  C.  E. 
Dyer,  D.  S.  Eastman,  J.  T.  Fish,  F.  M.  Fish,  D.  H.  Fleti,  W.  T.  Fuller, 
Cary  Fuller,  G.  W.  Griswold,  F^.  O.  Hand,  A.  C.  Judd,  (i.  B.  judd,  C. 
H.  Lee,  E.  W.  Moore,  L  C.  Paine,  J.  X.  r)uarles,  S.  Ritchie,  A.  S. 
Ritchie,  B.  W.  Shaw,  M.  Shiel,  C  Snyder,  H.  V.  Van  Pelt,  J.  T.  Went- 

worth,  |.  T.  Wentworth,  Jr.,  J.  B.  Winshnv.       Burlington, (hooper. 

VVaterford,  J.  A.  Rice. 

Richland  county — Richland  Center,  J.  H.  Barryman,  O.  I*".  Black, 
F.  H.  Fiurnham,  A.  Dumford,  H.  A.  Eastland,  H.  \V.  Eastland,  K..  M. 
F^asiland,  G.  J.  Jarvis,  J.  H.  Minor,  .NL  Murphy,  E.  C.  Mulfing. 

Rock  county — Janesville,  A.  W.  Baldwin,  A.  C  Bates,  J.  .M.  liates,  J. 
R.  Bennett,  H.  S.  Conger,  E.  F.  Carpenter,  L.  C  Clark,  J.  B.  Doc,  Jr., 
D.  T.  Dunwiddie,  B.  B.  Eldredge,  T.  J.  Emmons,  O.  H.  Fetheis,  E.  M. 
Hyzcr.  A.  A.  Jackson,  Angie  King,  H.  McElroy,  C  C  McLean,  J. 
Nicholls.  T.  S.  Nolan,  Pliny  Norcross,  H.  S.  Patterson,  L.  F.  Patton, 
J.  J.  R.  Pease,  M.  M.  Phelps,  A.  P.  Prichard,  M.  L.  Prichard.M.  Ruger, 
J.  W.  Sale,  A.  H.  Smith,  M.  Smith,  Jr.,  M.  Street,  (i.  G.  Southcrland,  A. 

D.  Wickham,  C.  (i.  Williams,  John  Winans.  Beloit,  J.  B.  Dow,  B.  M. 
Malone,  R.  H.  Mills,  Jr.,  S.  J.  Todd,  R.  Tattershall.  Evansville,  D.  L. 
Mills.  Edgerton,  J.  P.  Town.  Oxfordville,  George  Helmboll.  (Clin- 
ton, William  Jones.      Footville,  H.  A.  Richards. 

Sauk(()unty — Baraboo,  J.  Barker,  H.  P.  Barlow,  M.  Bcntlcy,  W^ 
hrown,  P.  Cheek,  Jr.,  L.  Cronch,  R.  E.  Noycs,  N.  W.  Wheeler,  John 
L.  Wriuhi.  Rccdsburg,  J.  W.  Lusk,  W.  A.  Wyse,  A.  W.  Peiiy,  R.  P. 
Perry,  G.  Stevens.  Prairie  du  Sac,  ¥,.  W.  Young,  J.  S.  Tripp.  Sauk 
Citv,  I-  B.  Ouimbv. 

Shawano  (ounly  -  Shawano,  D.  P.  Andrews,  J.  W.  Bishop,  G.  C. 
Dickinson,   H.   C.    French,   E.  J.  Goodrich.  J.  Maurer,   R.    M.    Phillips. 

E.  P.  P^frry. 

Sheboyi^an  county  —  Sheboygan,  L.  I).  Harvey,  P.  T.  Krez,  W.  H. 
Seaman,  Josc|)h  Wedig,  Bille  Williams,  FVank  Williams,  C.  \.  Dean,('on- 
rad  Krez.  [>.  'I\  Phalen.     Sheboygan  Falls,  John  E.  Thomas,  K.  (*lark. 


yM)  MM-.    HFNCH    AND    HAK    OK    WISCONSIN. 

J.  H.  James.  Plymouth,  M.  I).  L.  Kuller,  M.  Mead.  Scotl,  T.  Clif- 
ford. 

St.  (Iroix  roiinty — Hudson.  H.  C.  Baker,  J.  W.  Hashford,  C.  I>. 
Catliii,  J.  Vj.  Cilovcr,  C.  L.  Hall,  'J'.  Hughes,  H.  L.  Humphrey,  J.  S. 
Moflfatt,  A.  ('.  P.itlcn,  S.  C.  Simonds,  J.  B.  Smith,  J.  C  Spooner,  L.  P. 
Wethcrby.  Baldwin,  B.  M.  Anderson,  D.  R.  Bailey,  H.  F.  Woodard. 
Hammond,  S.  J.  Bradford, M.cMahon,  J.  B.  Owens.  New  Rich- 
mond, K.  R.  Chapman,  S.  N.  Hawkins,  (t.  (].  Hough,  G.  B.  Kidder. 

Tremj^caleau  county  —  Whitehall,  C.  A.  Atwood,  O.  J.  Allen,  S.  S. 
Miller,  P.  B.  Williams.  Trempealeau,  J.  C.  Button,  N.  VV^  Newman. 
Arcadia,  T.  J.  Conner,  E.  C  Higboe,  E.  i).  Nye,  S.  Richmond.  Gales- 
ville,  (i.  Y.  Freeman,  H.  (iilliland.  Independence,  M.  Mulligan,  N. 
Nichols. 

Vern(m  county  —  Vipxpia.  (\  M.  Butt,  A.  W.  Campbell,  W.  S.  Field, 
H.  C.  Forsyth,  C  W.  (Jraves,  C.  N.  Harris,  H.  W.  McAuley,  J.  E. 
Newell,  H.  P.  Proctor.  (',  A.  Roberts.  E.  J.  Rusk,  W.  F.  Turhune,  L.  S. 
Tallefron,  ().  B.  Wyman. 

Walworth  county —  Delavan.  A.  Bennett,  F.  K.  Eaiimer,  R.  R.  Menzie, 
S.  W.  Menzie,  A.  S.  Spooner.  Elkhorn.  E.  P^lderkin,  P.  Colder,  J.  F. 
Eyon,  H.  F.  Smith,  E.  H.  Spraj^ue.  H.  S.  Winsor,  J.  B.  Wheeler.  East 
Troy,  E.  T.  Cass,  John  K.  Potter,  (ieneva,  C  S.  French.  J.  Simmons, 
J.  B.  Simmons,  H.  T.  Shari)e.  Whitewater.  S.  F.  Bishop,  Pitt  Cravath, 
Prosper  Cravath,  H.  Heady.  J.  H.  Page.  G.  W.  Steele.  T.  D.  Weeks,  H. 
S.  Dunlap. 

Washington  county  —  West  Bend,  S.  S.  Barney.  I.  N.  Frisby,  L.  F. 
Frisby,  (i.  A.  Kencheimieisttr.  C.  H.  Miller.  P.  O'Meara,  J.  Shelley,  P. 
A.  Weil,  B  K.  Miller.  Hartford.  H.  A.  Forbes.  H.  W.  Sawyer.  E.  A. 
Runge,  H.  K.  Buiterfield. 

Waukesha  county -- Waukesha.  P.  H.  Carney.  E.  W.  Chafin,  A. 
C'ook.  W.  S.  (irecn.  M.  S.  (iriswold,  T.  W.  Haight.  VV.  S.  Hawkins.  T. 
C.  Martin.  F.  W.  .Montieth.  D.  H.  Sumner,  Mrs.  T.  M.  Sumner,  J.  R. 
S[)encer,  F.  H.  Putney,  S.  A.  Randies,  V.  Tichenor.  Oconomowoc,  J. 
R.  Carpenter,  R.  C.  Hathaway,  K.  Hurlbut.  W.  Parks,  E.  D.  R.  Thomp- 
soii.  C.  H.  Van  Alstine.  Mukwanago,  M.  Field.  Gennesee,  P.  D. 
(rifl'ord.      Pewaukee,  W.  H    Therna. 

Wauj)a('a  rounty  --  Waupaca,  E.  L.  Browne,  1.  P.  Eord,  Myron  Reed, 
(i.  Fines,  (!.  S.  Ogden,  J.  F.  Oufur.  New  London,  Miss  F.  F.  Arnold, 
C.  W.  liishop,  S.  1  .  Hatnilton,  M.  B.  Patchin,  E.  P.  Peuy,  O.  F.  Weed, 


THK    BI-NCH    AND    RAk    OF    WISCONSIN  .*»31 

Fred.  VVced.  Weyauwega,  J.  Fordyce,  VV.  F.  Waterhouse. Hutch- 
inson. Clintonville,  F.  M.  Guernsey,  M.  E.  Phillips.  Rural,  J.  H. 
Jones.     Freemont,  J.  Wakefield. 

Waushara  county  —  Wauloina,  R.  1..  D.  Potter,  L.  L.  Soule.  Plain- 
field,  W.  N.  Kclley,  T.  H.  Walker,  M.  M.  Gillei.  Auroraville,  A. 
Strang. 

Winnebago  county — Oshkosh,  A.  Haight,  Elbert  I).  Weed,  VV.  M. 
Greenwood,  J.  McDonnell,  E.  R.  Hicks,  Chris.  Sarau,  J.  Crozier,  G.  E. 
Tyrrell,  George  H.  Read,  E.  P.  Finch,  Chas.  Barber,  James  Freeman, 
A.  A.  Austin,  Ciabe  Bouck,  VV.  R.  Kennedy,  H.  B.  Jackson,  A.  E. 
Thompson,  Henry  Bailey,  W.  B.  Felker,  G.  W.  Burnell,  C.  D.  Cleveland, 
A.  W.  VV^iesbrod,  H.  B.  Harshaw,  M.  Hooper,  S.  T.  Berry,  A.  G.  Randall, 
M.  H.  Eaton,  VV^  F.  Gruenewaid,  Albert  Norton,  G.  W.  Washburn,  J. 
H.  Merrill,  J.  W.  Hume,  C.  W.  Felker,  J.  .M.  VVeisbrod,  W.  Wheeler, 
Charles  E.  Pike,  Richard  P.  Eighme,  Charles  R.  Nevitt,  Jr.,  F.  VV. 
Houghton,  VV.  E.  Wilbur,  B.  K.  Van  Keuren.  Omro,  A.  K.  Brush,  V.  F. 
Wheeler,  J.  H.  Banks.  Ncenah,  J.  B.  Hamilton,  J.  C  Rerwin,  (i.  VV^ 
Todd,  VV.  F.  McArthur.  Menasha,  F^lbridge  Smith,  P.  V.  Lawson, 
Henry  Fitzgibbon,  Silas  Bullard,  M.  M.  Sch(rtz.  Winchester,  Wesley 
Mott.     Winneconne,  J.  D.  Rush. 

Wood  county  —  Grand  Rapids.  C.  VV.  Briggs,  J.  W,  Cochrane,  (i.  R. 
Gardner.  J.  A.  (iayner.  L.  P.  Powers,  C  M.  Webb.  Centralia,  C.  O. 
Baker.  Marshfield.  L.  J.  Glass.  T.  S.  Kirkland.  Remington,  H.  VV. 
Remington.  Miledore,  B.  A.  Cady.  Whole  number,  one  thousand,  one 
hundred  and  sixty-eight. 


WOMEN    LAWYERS. 

In  an  address  before  the  State  liar  Association,  as  its  president.  M. 
M.  Strong  said:'  *  The  professional  career  of  Rhoda  Lavinia  (loodell 
has  given  a  marked  impression  to  one  feature  of  the  professional  history 
of  the  state,  and  presented  an  occasion  for  an  appropriate  and  able  ex- 
j)Osition  of  the  distinction  created  by  nature  between  the  proper  sphere 
of  woman,  and  the  rough  and  varied  duties  of  him  whose  provmce  it  is 
rather  to  aid  and  protect,  than  seek  to  vanquish  her.  But  the  [jro- 
gressive  N|>irit  of  the  age  has,  through  the  legislation  of  the  state, 
abolished  that  natural  distinction,  and  declared  that  no  person  shall  be 


y^V-l  IHK    BKNCH    AND    BAR    OF    WISCiONSIN. 

denied  admission  or  license  to  practice  as  an  attorney  in  any  court  of 
this  state,  on  account  of  sex.  So  long  as  this  shall  continue  to  be  the 
law  of  the  state,  it  will  be  the  duty  and  the  pleasure  of  the  members  of 
the  bar  to  extend  to  all  women,  who  mav  choose  to  avail  themselves  of 
it,  every  courtesy  and  kindness  in  his  power." 

Miss  R.  I.,  (ioodell  came  from  New  York  city  to  this  state  when  a 
young  woman,  studied  law  at  Janesville.  was  admitted  to  the  bar  of  that 
circuit,  opened  a  law  office  in  that  city,  and  entered  into  considerable 
practice,  her  clients  being  mainly  of  her  own  sex.  Having  a  case 
appealed  to  the  supreme  court  she  presented  herself  before  that  bench 
asking  for  admission.  Her  api)lication  was  rejected.  This  was  wholly 
on  account  of  sex.  E.  Ci.  Ryan,  then  chief-justice,  took  a  decided  stand 
against  her  admission.  He  said  he  wished  to  protect  the  sex.  Miss 
Goodell  thereupon  opened  upon  him  a  fierce  wordy  warfare,  largely 
through  the  press,  and  at  the  next  session  of  the  state  legislature  she  in- 
duced a  friendly  member  to  introduce  a  bill  permitting  the  admission  of 
women  to  practice  in  all  courts  in  the  state.  She  entered  the  field  in  per- 
son, .successfully  lobbied  the  bill  through  the  legislature  and  was  subse- 
tiuently  admitted  to  the  bar  of  the  supreme  court.  She  then  removed 
her  residence  and  law  business  to  Madison  and  shortly  afterward  died. 
In  literary  attainments,  intellectual  ability  and  purity  of  character  this 
lady  preeminently  excelled. 

Miss  .Vngie  King  studied  law,  was  admitted  to  the  bar,  and  is  in  suc- 
cessful practice  at  Janesville.  She  has  education,  business  abilities,  is  a 
member  of  a  highly  respectable  family,  has  high  social  standing,  and  is 
cordially  recognized  as  one  of  the  fraternity  bv  the  members  of  the  bar 
where  she  practices  her  profession.  When  Miss  (ioodell  was  an  attorney 
at  janesyille  these  la<lies  were  in  partnershij)  as  (roodell  \'  King. 

The  women  atiorneys  in  |)ractice  in  this  state  are  Miss  Kate  Kane, 
at  Milwaukee,  Miss  Angle  King,  at  Janesville,  Miss  F.  F.  Wheeler,  at 
New  London,  and  Mrs.  T.  M.  Sumner,  at  Waukesha.      » 


rHK    BKNCH    AND    BAR    OF    WISCONSIN  .>33 

WISCONSIN    LAWYERS   WHO    HAVE    HELD    PROMINENT 

POSITIONS. 

GOVKRNORS. 

Nathaniel  P.  Talmadge,  Nelson  Dewey,  Arthur  McArlhur,  Coles 
Hash  ford,  Alexander  W.  Randall,  Edward  Salomon,  James  T.  Lewis, 
Lucius  Fairchild,  Cad^wallader  C.  Washburn. 

OTHKR    STATKS    AND    TERRITORIF.S. 

James  D.  Doty,  Utah.  Charles  Durkee,  Utah.  Frederick  W.  Pit- 
kin, Colorado.     Leland  Stanford,  California.     M.  Brayman,   Idaho. 

LIKUTFNANT-OOVERNORS. 

Samuel  W.  Beall,  James  T.  Lewis,  Arthur  Mr.-Xrihur,  Edward  Salo- 
mon, Wyman  Spooner,  James  M.  Bingham. 

UNITED    STATES   SENATORS. 

Isaa(  P.  Walker,  Charles  Durkee,  James  R.  Dooliitle.  Timothy  O. 
Howe,  .\lathew  IL  Carpenter,  .\ngus  Cameron. 

REPRESENTATIVES    IN    CONGRESS. 

George  W.  Jones,  James  D.  Doty,  Morgan  L.  Martin,  John  H. 
Tweedy,  William  Pitt  Lynde,  Charles  Durkee,  Orsamus  Cole,  C.  C. 
Washburn,  John  F.  Potter,  (Charles  H.  Larrabee,  Luther  Hanchett,  A. 
Scott  Sloan,  James  S.  Brown,  Ilhamar  C  Sloan,  Amasa  Cobb.  Charles 
.\.  Ehlredge,  Halbert  E.  Paine,  Gerry  W.  Hazellon,  J.  Allen  Barber, 
(^harles  (i.  Williams,  Lucien  B.  Caswell,  Henry  S.  Magoon,  George  W. 
Cate,  Herman  L.  Humphrey,  (ieorge  C.  Hazelton.  Edward  S.  Bragg, 
(iabriel  Bouck,  Henry  S.  Conger,  from  New  York. 

LAHINFT    MINISTERS. —  I'OSTM ASTERS-GENFR AL. 

Aiex.indcr  W.  Randall.  Tiniothv  O    Howe. 

POSITIONS    ABROAD. 

Lucius  Fairchild.  Minister  to  Spain,  Consul  at  Liverpool,  Consul- 
(icneral  at  Paris.     Mortimer  M.  Jackson.  Consul-General  at  Halifax. 

TERRITORIAL    JUDGES. 

James  Duane  Doty,  Charles  Dunn.  David  Irvin,  William  C.  Frazer, 
.Vndrew  G.  Miller. 

CHIEF    JUSTICES. 

Alexander  W.  Stow,  Edward  V.  Whiton,  Luther  S.  Dixon,  Edward 
G.  Ryan,  ()r>amus  Cole. 

ASSOCIATE    JUSTICES. 

Levi  llubbell,  C'harles  H.  Larrabee,  Wiram  Knowlton,  Mortimer  M. 
Jackson.  Samuel  Crawford,  Abram  D.  Smith,  Byron  Paine,  Jason 
Downer,  William   Penn   Lyon,  Harlow  S.  Orton,  David  Taylor,  John  B. 


'^U  IMH     P.r.NrH      VNI>    BAR    OF    WISCONSIN. 

Cassoday.  Arthur  McArthur,  District  Coluiuhia,  Amasa  Cobb,  Nebraska, 

J.  R.  Sharpstein.  C^alifoinia. 

UNITKI)    S'J  ATES   JUDGES. 

Andrew  (i.  Miller,  John  C  Hopkins,  James  H.  Howe,  Charles  E. 
Dyer.  Romanzo  Dunn.  David  Noggle.  Idaho. 

iMRCriT    JUDGES. 

Alexander  W.  Stow,  F^dward  W  Whiton,  Levi  Hubbell,  Charles  H. 
Larrabee,  James  R.  Doolittle,  Mortimer  M.  Jackson,  Timothy  O.  Howe, 
VV^iram  Knowlton,  (reorge  W.  Cate,  Alexander  L.  Collins,  S.  S.  N.  Fuller, 
William  R.  Gorslinc,  Stephen  R.  Cotton,  John  M.  Keep,  (Charles  M. 
Haker.  Alexander  W.  Randall,  George  Gale,  Arthur  McArthur,  David 
Taylor,  David  Noggle,  Luther  S.  Dixon,  Montgomery  M.  Cothren,  John 
E.  ^L'lnn.  Harlow  S.  Orton,  Lucien  P.  Wetherby,  Henry  D.  Barron, 
Edwin  Wheeler,  Kdwin  Flint,  Isaac  E.  Messmore,  Joseph  T.  Mills, 
Ganem  W.  Washburn,  Solon  H.  Clough,  Alva  Stewart,  Ira  E.  Paine, 
William  P.  Lyon,  H.  L.  Humphrey,  Campbell  McLean,  Romanzo  Bunn« 
Jason  Downer,  David  W.  Small,  Ezra  T.  Sprague,  Harmon  S.  Conger, 
Robert  Harkness,  K.  Holmes  Ellis,  CJeorge  W.  Cate,  D.  J.  Pulling,  Eli 
C.  Lewis,  Gilbert  L.  Park,  John  C.  Wentworth,  A.  W.  Newman,  Egbert 
H.  lUmdy,  (ieorge  H.  Myers,  N.  S.  (xilson,  A.  Scott  Sloan,  Charles  A. 
Hamilton,  James  R.  T5ennett. 

A  TT(^KNEVS-GENERAI.. 

Henry  S.  FJaird,  H.  X.  Wells,  M.  M.  Jackson,  William  Pitt  Lynde, 
A.  Hyatt  Smith,  James  S.  P>rown.  S.  Park  Coon,  Experience  Estabrook, 
George  1>.  Smith,  William  R.  Smith,  Gabriel  Bouck,  James  H.  Howe, 
Winfield  Smith,  Charles  R.  Gill,  Stephen  S.  Barlow,  A.  Scott  Sloan, 
.\lexander  Wilson,  Leander  F.  Frisbv. 

I'Mri:!)    STATES    ATTORNEYS. 

W.  W.  C^hapman.  Moses  NL  Strong.  T.  W.  Sutherland,  W.  P.  Lynde. 
G.  W.  Lakin,  J.  R.  Sharpstien.  D.  A.  J.  IJpham,  J.  B.  D.  Cogswell. 
Thomas  Hood.  (;.  W.  Hazelion.  Levi  Hubbell,  C  M.  Webb,  H.  M. 
Lewis,  J.  C.  McKenney,  J.  J.  Jenkins,  Wyoming. 

SECRETARIES    OF    SI  ATE. 

John  S.  Horner.  F.  J.  Dunn.  John  (Ratlin,  A.  T.  Gray,  j.  T.  Lewis. 
Peter  Doyle. 

COMMISSIONERS    OF    PENSIONS. 

Ci)arles  R.  Gill.  John  A.  Hcntley. 

COMMISSIONER    OF    PATENTS. 

Halbert  E.  Paine. 


THE    BENCH    AND    BAR    OK    WISCONSIN.  '*'^'i 

The  data  for  the  following  sketch  was  received  only  in  lime  for  the 
last  pages  of  the  book : 

Norman  S.  Gilson,  Fond  da  Lac,  is  a  son  of  Willard  H.  and  Sylvia 
L.  Gilson,  and  was  born  in  Middlefield,  Geauga  county,  Ohio.  March 
23,  1839.  His  parents  were  among  the  early  pioneers  of  the  Western 
Reserve.  Norman,  the  eldest  son,  was  born  in  a  log  house  near  the  old 
(lilson  homestead,  and  as  soon  as  he  was  large  enough  to  work,  assisted 
his  father  in  improving  and  carrying  on  the  farm.  The  community  in 
which  he  passed  his  boyhood  was  composed  of  frugal  and  industrious 
people  from  New  England.  Voung  Crilson  continued  to  labor  with  his 
father  on  the  farm  until  he  was  twenty-one  years  old,  but  during  that 
time  received  a  good  common  school  and  academic  education.  He 
also  taught  school  one  term  before  leaving  home  for  the  west.  In  the 
spring  of  i860  he  came  to  Wisconsin,  settling  at  West  Hend,  where  he 
commenced  the  study  of  the  law  with  his  uncle,  L.  F.  Frisby,  then  in  part- 
nership with  Paul  A.  Weil.  The  following  fall  he  taught  a  select  school 
in  West  Hend,  and  afterward  the  district  school  at  that  place.  When 
the  winter  term  of  school  closed  he  clerked  in  the  postoffice  for  his 
uncle,  I.  N.  Frisby,  who  was  then  postmaster  at  West  Hend.  Before  he 
had  pursued  his  legal  studies  far  enough  to  obtain  admission  to  the  bar 
the  war  broke  out,  and  in  Se|)lember.  1861,  he  enlisted  at  West  Bend 
in  Company  I),  of  the  Twelfth  Wisconsin,  commanded  by  Colonel  George 
K.  Bryant.  He  entered  the  service  as  a  private,  and  was  promoted  to 
be  sergeant  of  his  company,  then  to  sergeant-major  of  the  regiment ; 
during  a  part  of  1862  his  regiment  was  on  duty  in  Missouri  and  Kansas, 
but  in  June  of  that  year  they  joined  the  Army  of  the  Tennessee  at 
Columbus,  Kentucky;  a  portion  of  the  time  he  wis  with  the  Army  of 
the  ('umbcrland  on  detached  duty  with  the  staff  of  (General  Robert  B. 
Mii(  hell;  rejoining  (General  Grant's  army  at  La  Grange  late  in  the  fall 
of  1862.  he  remained  with  that  army  until  after  the  capture  of  Jackson, 
Mississi[)pi.  in  July.  1863;  in  August,  1863,  he  was  promoted  to  the  first 
lieutenant  y  of  C'ompany  H.  Fifty-eighth  regiment  United  States  colored 
infantry,  afterward  to  the  position  of  adjutant  and  finally  to  that  of 
lieutenant-colonel  of  the  regiment;  he  participated  in  the  siege  of 
Vicksburg,  siege  of  Jackson,  battle  of  Perryville  and  other  engagements  • 
he  served  as  judge  advocate  of  the  district  of  Natchez  on  the  staff  of 
Major-(ieneral  Davidson,  and   in  1865  and  1866  was  judge  advocate  of 

the  Department  of  the  Mississippi  on  the  staff  of  Major-Cieneral  ( )ster- 
32 


530  rnK  iiknch  and  har  ok  Wisconsin. 

haus,  and  with  General  Thomas  J.Wood  commanding  that  department. 
Although  his  regiment  was  mustered  out  of  service  in  1865,  he  was 
retained  on  duty  for  more  than  a  year  afterward  by  direction  of  the 
secretary  of  war  on  account  of  his  being  judge  advocate  of  the  court 
martial  convened  for  the  trial  of  Captain  Frederic  Speed  for  criminal 
carelessness  in  over-loading  the  steamer  Sultana,  whereby  the  lives  of 
over  eleven  hundred  paroled  prisoners  of  war  were  lost.  It  is  safe  to 
say  that  this  was  the  most  important  military  trial  held  on  the  Missis- 
sippi during  the  war. 

On  June  12,  1866,  soon  after  the  conclusion  of  the  Speed  trial.  Colo- 
nel (iilson  was  mustered  out  of  the  service  and  brevetted  colonel  of 
United  States  volunteers  by  the  president.  During  nearly  five  years' 
service,  he  was  absent  from  duty  only  thirty-six  days,  thirty  days  on 
furlough  and  six  days  in  the  hospital.  Upon  leaving  the  army  Colonel 
Gilson  resumed  the  study  of  law  after  the  long  absence.  Taking  a  full 
course  at  the  Albany  Law  School,  he  graduated  from  that  institution  in 
1867  and  was  admitted  to  the  bar  of  the  supreme  court  of  New  York. 
Returning  to  Wisconsin  he  selected  Fond  du  T^ac  for  his  home,  and  in 
the  winter  of  186S  began  the  practice  of  his  profession  and  continued 
in  active  practice  until  elected  judge.  In  the  meantime  he  served  one 
term  as  city  attorney  of  Fond  du  Lac,  and  one  term  as  district  attorney 
of  Fond  du  Lac  county.  In  March,  iSSo,  Colonel  Gilson  received  the 
democratic  nomination  for  judge  of  the  fourth  judicial  circuit,  and  was 
elected  by  over  eight  thousand  majority.  Judge  C'ampbell  McLean, 
who  held  that  office  for  two  terms  ran  against  him  as  an  independent 
candidate. 

Judge  Gilson's  father,  now  seventy  years  of  age,  is  living  at  Garretts- 
ville,  Ohio.  His  mother  died  in  January,  1880.  She  was  a  woman  of 
good  sense.  |)Ossessed  of  rare  patience  and  was  untiring  in  her  care  and 
watchfulness  in  the  nurture  and  training  of  her  children.  Franklin  L. 
(filson,  his  youngest  brother,  is  a  lawyer  residing  at  River  Falls,  and 
was  si>eaker  of  the  Wisconsin  assembly  in  1882. 


INDEX. 


GKNKRAI.   SIHJKCTS. 


Inlrtxliulory 

Misi<»ry -  •  • 

riu-   ItTrilcirial  Courls     

Ihf  Coijsiilulional  Convention  antl 
Admission  of  the*  Stale 

The  Supreme  Court  untler  the  Con- 
stitution     

Ilu-  re«»rvjani/.etl  Supreme  Court .  . . 

I  he  I'tjiteil  States  District  Courts. 

Ilu*  I'niletl  States  Circuit  Courts.  . 

luirly  Justites  Courts 

I^ioKrapliy    

Iu«lL;rs   Territorial  Courts 

Chief  Justiies  Supreme  Court.  .  .    . 

Associate  Justices  Supreme   Court. 

luil^fs  Cnitetl  States  Distri<l 
Courts    

[u«l^:es  I'nitetl  .Slates  Supreme  an<l 
Cin  uit  Courts 

Iu«ii.;c>  Circuit  Courts 

( f<  »\  rrnors    .  .  . 

I.i«  iHcu.mt-( iovernor^ 


3 
7 


Iriiifil    Slates   Senators 

McmlMtv  lit   C«»n^re>s 

\il'>r(u\   (irm-rals 

S»i  ici.irK  s   of    .Slate    

riin»<l  Ni.itfx  Atiornrys   

Alt««rii<\  •^   l»\     |u<li<  iai   Cin  uils 

I'  ifNt   ("ill  uit 

S<i  otnl  Circuil 

I  Iiii'l    (ill  uit 

I'  >\i\  ih   (  in  uit      

I-  iffh  Cir*  uit 

si\ih    (  iri  nil 

^«  \  (  »uh   ( 'ir«  uil 

I  i^fith  ( "it<  nil 

\  If)t  (I    (   -F"  uit  

I  rut  I)  I  ."[I  uit    

\\t\  >  ii'h    ( 'ir«  uit    

I  u «  ;:th  '   u«  mt 

I  hit  It  ••nth   ( 'ir<  uit , 


2<) 

2<) 
30 

33 
34 

35 
3'> 

y) 

«;o 
<'7 

>'» 

|(M) 

IK) 
132 

151  r 

fS| 

20*^ 
213 
21') 
2Ui    j 

2^,7 

'»  —  •• 

2<^> 
301 
317     , 

3-3  ' 

337  ' 

^7t  I 

.V»3 

3'»S 
4o<i 


hio^^raphies  Omitted    from   Second 

Circuit 412 

Biographies  Omitted    from    Fourth 

Cirt  uit     .      420 

Biographies    Omitted     from     Fifth 

Circuit    424 

Chicaffo     Att<irneys     Formerly    of 

Wisconsin      431 

Attorneys      removed      to      Distant 

Stales It  I 

Reminiscences  of  Cereal  Advocates 

of  the  Wisconsin  Har 464 

Chief    Justice    Ryan    and    Senator 

Carpenter  Contrasted 473 

Characteristics     of      Chief     Justice 

Charles   Dunn 475 

ICIoijuence  of  Jutl^e  lUron  Paine.     476 

Bar  Associations .      477 

.State  Bar  Association 477 

.Milwaukee   Bar  Associalit>n 47H 

Brown  County  liar  Associali<»n  .  .  .   47CJ 
Dane  County  l.e^al  Association. .  .   471^ 

Rock  County  Bar  .Association 480 

The   Law  Department  of  the  .Slate 

Cniversity 4S0 

The  (ireat    Law  Cases 4S1 

The     Barsiow-Bashford    Contestetl 

Flection 4S1 

The    ImiK*a<hment    of    Jud^je    Levi 

IIuMkII    4gl 

Vhr  Kidnapping  afid  Rescue  of  the 

.Slave  (Hover 4<>f> 

The  (iranj^er  Railway  Cases 505 

The  Whisky    Trials 501) 

Wit  antl    Humor  of    the  Wis(«»nsin 

Bar   ....  512 

-\ttorneys  in  pra<  lice 523 

Wistonsin  Lawyers  wht»  have  held 

I'rominent  Positions 533 

Wi»mrn  I^iwviTs ^31 


INDKX, 


MlOORAPIIIKS. 


Arnold.  I«>njuh;ui    I^..  Milwaukee.  .  225 

Abbott,  I'Mwin    II.,  Milwaukee    ...  2J.S 

Austin,  kobcrl  N..    Milwaukee....  22<) 

Aj^ry,  David,  (ireen  Hay      371 

Kunn.  Romanzn,  MadisDU SS 

I-Juiuly,  Kj^lji-rt   li..   Menoinoncri'.  loo 

Harron,  Henry    I).,  Si.  Croi.x  Kails.  103 

Haker.  Charles  M.,  (Jeneva no 

Bennett.  Jt>hn  R.,   Janesville 113 

Hashl'onl.  Coles,    Tuc^ioti 117 

Heall,  .Samuel  \V.,    Montana   ...    .  !2> 

Binnhani,  Janu-s  M., Chippewa  Falls  131 

Barber,  Joel  Allen,  Lancaster i()3 

Braj^j^.  Ktlward  .S..  I'nnddu  Lac...  iSn 

Bouck,  (iabriel,   <  )shkosh    jSo 

Baird,    Henry  .S..  (ireen  Bay  .    ...  iSi 

Brown,  James  .S.,    Milwaukee    .  .  1.S4 

Barlow,  .S.  .S,,  Baraboo 2o<> 

Butler.  .\.  R.  R.,  Milwaukee 22«) 

Bt»rchanlt,  V.   ].,    Milwaukee 231 

Bottum,  I'..    IL.  Milw.iukee 231 

Brand,  Moses  IL,    Milwaukee    ....  232 

Barber,  Charles,   ()shko>h     2<i7 

Bailey.  1  lenry,  <  )shkosh 2()7 

Blair.  .\.  M.,  I'oml  du  Lac 277 

Brij.;.i.(s,  M.  J..   I)o<I;^cville     2i>o 

I-Jleekman,  A.  I*!.,  .S|)art.i      301 

Brayman,  Ma«ion,    Ripon      277 

Bull,  C.  M.,  \'iro<jua 301 

BlotJininijdalv,  K.  II. .  .Sparta 302 

Burn>U!..dis,  \V,  S..  La  Cr«i»sf ^«ii» 

Bryant,   1».   I'..    LaCnis>e 303 

Bunn,  C.  \V.,  La  Cn»s>e 7,1}:^ 

Burton,  S,  S..  La  Cii ■>*;'■ 304 

Bump.  I'..  L..  W.iusau      ;i  7 

Bartletl,  \V.  I'..  Lau   Clain-    323 

B<itkin,  Aiexan«l«-r.   Madison ^^7 

Iii)tkin.  S.  \V..  M.idi*ion 3j<» 

Braley.  .\.   B..   Madisun ^n 

Bryant.  *ie«)r;.;e  L..   Madisnri    3|l* 

Bryant,  I'.   I'..,  .Maili*i'»n 312 

Barnes.  L\inan.  .XpjiKtun     372 

Botl(  n<ek.    I«ihn.  .\pplrton    372 

Builianan  I)..  Jr..  Chip|»ewa  I'alU.  3«j3 

Biril.  Ira   W..   Jcllcrsuri 31)5 

Bird,  lie-iruie  W.,  Jrfli  i>«»n \ntt 

Bructi.  N'l-Nnii.    Iilb  T'-'in ;i)<i 

B.inuy.  S.  .S..  Wrst  I'.i  inl ^do 

Burrutt,    I  .   P..  •*  }2.» 

Bentli-y.  J.  .\..    Diiiver j^ij 

Craw '-ird.  Sainu<  I.  Mini-r.il  P«'itn..  70 

Culc  «  )r'».imns.    Ma-lixin  . tt=, 

Cassod.iy.  Jnhn  B.,  Madison -jif 


I 


I 


Coihrcn,  NL  M..  Mineral  Point  ...   100 

Collins.  A.  L.,  Applcton 105 

Cate.  (ieorije  \V.,  Stevens  Point.. .  1x4 
Carpenter.  Mathew  H.,  Milwaukee  138 

Camen)n.  An^us,  La  Crosse 148 

Cobl),  Amasa,  Lincoln.  Nebraska.  .  157 
Caswell,  Lucien  B..   P'ori  Atkinson   170 

Coon,  S.  Park,  Chicaj^o 184 

Callin,  John 212 

Cramer,  Kliphalei,  Milwaukee     ...   232 

Cary,  John  W.,  Milwaukee 232 

Cary,  Melberl  B.,    Milwaukee 234 

Coitrill,  J.  P.  ('.,  Milwaukee  .    ...   234 

Cook,  A.,   Waukesha 26A 

Chafin,  K.   \V.,  Waukesha 267 

Cleveland,  C.    I).,   Oshkosh 267 

Carter,  (ieorj^e  W..  Fond  du  Lac. . .  280 
Carter,  William  K.,  Plattcville  ....  291 
Coleman.  James,  F<md  du  I.ac.  . .  .   279 

CartiT,  Richard,  Dod^eville 2i>l 

Colinan,  Klihu,  Ftmd  du  Lac 279 

Cameron.  Huijh.  La  Crosse 304 

Camen»n.  Alex.  La  Crosse   305 

Cole.  J<»hn  J.,  La  Crosse  .....    305 

Campbell,  A.  W.,  Vinx^ua 3CJ6 

Crosl)y,  C.  T.,  Wausau 317 

Culberlson,  J.  IL,    l'I;iu  Claire   ....   325 

Car|)enler.  J.  I L,  Madison 343 

(.'•mover,  ( ).  NL.   Madison 344 

Con<»ver,  I'.   K.,  Madison 345 

Chyn<iweih,  II.  W.,  NLidison 345 

Cheek.  Philip  Jr..  Barab(^) 345 

Campbell,  F.  I''..    Tomah 346 

Case,    rhe<».  ir.,  Cifeen    Bay 373 

Clark.  ( >.  E.,   Applel<m 374 

Coil  mills,  I L,  Jefferson 3<|6 

Caswell.  C.  A.,  Ft.  Atkinson 3<)7 

Chase,  C.  S.,  <  >maha 462 

l>«ity.  James  Duane.  Menasha  . . . .     39 

Dunn,  Charles.  Belmont '40 

Dixon.  Lulhus  S.,  Milwaukee 53 

I  )•  iwner.  Jason.    Milwaukee 72 

Dyer,  Charles  F..,  Racine 85 

Da\is,  David.  Bloominf^on,  III....  89 
Drummond.  Thomas,  Chica^f^   ...     95 

Dewey,  Nelson,  Cassville , .    1 16 

Durker.  Charles,  Kenosha 132 

Donlitili'.  James  R..  Racine 133 

Doyle.  Peier,  Prairie  du  Chien   ...   208 

Dunlap,  A.    IC,  Berlin 268 

Dickins<»n.  S.  N.,  Sparta 306 

D.miels,  J.  .\..  La  Crosse 306 

Daniels.  II.  S.,  La  Crosse 306 


INDEX. 


5;3i» 


Downs,  W.  W.,  Eau  Clairti 325 

Dickinson,  (ico.  C,  Shawano.    ...   374 

Delano V,  S.  K.,  Maysville 407 

Dibble'  C.  A.,  Chicago 431 

Dobbs,  Jere,  Ri(M)n 281 

EUlredKe,  Charles  A.,  Fond  du  Lac   158 
Estabrot)k,  FIxpcricncc,  Omaha  ...    1S4 

Katon,  R.   P..  Oshkosh   282 

Ebbcts,  \V.  H..  Milwaukee 234 

Elliotl,  E.  S.,  Milwaukee 235 

Elliott,  T.  B.,  Milwaukee 235 

Emmons.  Harold,  Milwaukee 235 

Eaton.  M.  H..  Oshkosh 268 

Eldred,  C.  T.,  Wausau 318 

Ellis,  E.  H.,  Green   Bay   374 

Enos,  J.J.  Watertown 397 

EldrcdRe.  B.  B..  Janesville  .  .  .^. . . .    397 
Frazer.  VVilliam  C..  F'cnnsylvania.     43 

Fairchild,  Lucius.  Madison 126 

Frisby,  Lcander  F..VVest  Bend....    201 

Fish,  John  T.,  Racine 219 

Fish.  Frank  M..  Racine 220 

Finch.  Asahel,  Milwaukee 236 

Flanders.  James  Ci.,  Milwaukee...   240 

Felker.  Charles  W.,  Oshkosh 2(k) 

Finch,  Earlc  P.,  Oshkosh 2^m) 

Freeman,  James,  Oshkosh 2Ck) 

Fuller.  C.  S.,  Prairie  du  Chien.    ..   292 

Fuller.  M.  D.  L..  Plymouth   282 

Fniii,  J.  J.,  La  Crosse 307 

Frost,    FL  \V..  Waupun 283 

F(»rsyth.  IL  C,  Vinxjua 307 

Field.  \V.  S..  Virocju.-i 307 

Felch.  James  A..  Stevens  Point  .  ..   318 
Finkelnbur>(.  S..  Fountain  City  ...   325 

Frawley.  T.  F..  Eau  Claire 326 

Fairthiid.  IL  O..  Marinette 375 

Fri>l)y.  l.  N..  West  Bend 407 

Frlkcr.  \V.  H..  Oshkosh 430 

Flower.  J.  NL.  Chica>^(^   432 

(iill.  Cli.irU's  R..  .Madison l^f^) 

(i'MMlwiii.  (K-nrne   B.,  .Milwaukee..   241 

<i.»ry.  <  ienrije.  Oshkosh 2(h) 

(ir.iy.  1 1.  IL.  Darlington 292 

(iravcs.  C.  \V..  Virocjua 307 

(iurrnsey.   F.  NL.  Clintonvillc 318 

(iilson.  F.    L.,  Ellsworth 326 

(iriffin.  Michael.  Eau  Claire 326 

(iibl.iins.  A.  M.,  I'.au  Claire 327 

<  ireijory.  J.  C.  .Ma<lison    346 

<  ioodland.  John.    Appleton    379 

<ireen.  (i.  C..  (ireen   liay 379 

(ire^jory.  S.  S..  Chicago     432 

(ilKon.  \.  S..  Fond  du  Lac 535 

Mubbell.    Lrvi.  Milwaukee 67 

Hopkins.  James  C.  Madiscm 83 


Howe.  James  H.,  Kenosha 84 

Harlan,  John  M.,  Louisville (>4 

Hamilton,  Charles  .'\.,  Milwaukee.  104 

Howe,  Timothy  O.,  (»reen  Bay  ...  134 

Hazelton,  (».   W.,  Milwaukee 164 

Humphrey,  H.  L.,  Hudson    172 

Hazelton,  (feorge  C,  Boscol)cl  ...  176 

Horner,  John  S.,  Ripon 211 

Hooker,  D.  G.,  Milwaukee 241 

Hollister,  M.,  Shullsburjjh 293 

Hickcox.  James,  Milwaukee 242 

Harrington,  (t.   P.,  Milwaukee 242 

Hurley,  M.  A.,  Wausau 318 

Haseltine,  W.  W..  Wausau 319 

Hayden,  H.  H.,  F^au  Claire 32» 

Howarth,  H.,  Mazomanie 346 

Hastings,  S.  D.,  Jr.,  (ireen  Bay...  379 

Harrington.  N.  M..  Delavan 220 

Hayes,  John  M.,  Kenosha 221 

F^urlbut,  Edwin.  Oconomowoc  ....  264 

Harshaw.  H.  B.,  Oshkosh 270 

Hicks,  E.  R.,  Oshkosh 271 

Ho<kL  C.  L.,  I^  Crosse 308 

Hubbard,  H.  E.,  I^  Crosse 308 

Harris,  C.  N.,  Viroqua yx) 

Howe,  W.  E.,  La  Crosse 309 

Hatch,  H.  H.,  New  Lisbon 347 

Harriman,  J.  K.,  Appleton 380 

Hudd.  Thomas  R.,  (ireen  Bay  ....  380 

Hoyt.  W.  R,,  Chippewa  Fails 393 

Hyzer.  E.  M.,  Janesville 401 

Horn,  F.  W.,  Cedarsbur^ 408 

Holmrt,  H.  C.  Milwaukee 413 

Holmes,  Israel,  Chicajjo 433 

Hamilt(m,  W.  S 427 

Irvin,  David,  Texas 42 

In^I^^dew.  Lumley.  Chicajijo 434 

jell    K^Ori«         A*l  •       A*i*|    m  •••••••.•■•••••  Sl 

Jenkins.  John  J.,  Chip|>ewa  Falls..  219 

Jenkins.  James  (i.,  Milwaukee    . . .  243 

Johnson,  D.  FL,  Milwaukee 244 

Jackson.  FL  B.,  Oshkosh 271 

Junor.  David,  lierlin 272 

Jenks.  .Mdro.  F)<HljjeviIle 293 

Jones.  Ji>hn  T.,  F)<xlgeville 293 

James,  B.  W.,  Wausau 319 

Jones,  D.  IJoyd.  .Stevens  F'oint  . . .  320 

Jones,  Burr  W..  Madison 347 

Jones.  Geo.  C,  .Appletim. 383 

Jacks(»n,  A.  A.,  Janesville 401 

fones,  (».  W..  Dubuque 428 

kn<»wlton.  Wiram.  F'rairie  du  Chien  70 

Kendrick,  C.  I)..  Milwaukee 247 

Keyes,  E.  W.,  Madison 348 

Keves,  J.  S.,  Madisrm 340 

Kcily.  D.  M..  Green  Bay 3H4 


rAo 


INDEX, 


KelloKg,  A.  H.,  Appleloii  .... 
Kirkland.  R.  H.,  JcfTcrson.  . . , 
Knowkon,  J.  H.,  Chicaj,((). .  . . 

Kcrwin,  J.  C,  Nccnah 

Larrabcc,  Charles  IL.  Oregon 
Lyon,  William  Penn,  Madison 
Lewis,  James  T..  Coliimlms  . 
Lando,  M.  N.,  Milwaukee  .... 
I.,arson,  L.  R..  Kau  Claire  .... 

Lamb,  F.  J.,  Madison 

Lewis,  IL  A.,  Madison 

Lynch,  Thomas,  Chilton 

Lvnde,  William  Pitt.  Milwauke 
Lakin,  (icorRc  W.,  .Milwaukee 
Lewis,  Henry  M.,  Madison... 

Lee,  Charles  IL,  Rarine 

Losey.  J.  W.,  La  Crosse 

Lord,  C.  K.,  La  Crosse 

Lawson,  P.  V..  Menasha  .  ... 
Miller.  .Andrew  (i..  Milwaukee 
.Mills,  Joseph  T..  Lancaster.  .  . 
Mac  Arthur.  .Arthur,  Washingiu 
NLirtin,  Morjj^an  L.,  (Jreen  Hay 
Maroon,  Henry  .S.,  I)arlinj.jlon 
McKenney,  J.  C,  Milwaukee. 
Mann,  John  F..,  Milwaukee  . . . 
Mallory,  James  A.,  Milwaukee 

Martin.  C.  K.,  Milwaukee  . 

Merrill.  J.  H.,  Oshkosh 

Murphy.  J.  W.,  I'lattevilhr.  .  .  . 

.Mr»rse,  S.  J.,  Waupun 

M<Nelly,  iL  F.,  Muscnda  ... 
Mc.Arthur,  W.  F.,  Neenah.... 
Merrick,  Samuel.  Jamestown  . 

.Morrow,  J.  M.,  Sparta 

McK^ett,  .Alex.,  Fau  Claire  .  .  . 
.McCaslin.  S.  W..  ICau  Claire.. 
Moscr.  Conrail.  Jr..  Alma  .... 
Morris,  W.  .A.  P.,   M.idisr>n.  .  . 

Miner,  I*'..  S..  Necedah 

Mvcrs.  (i.  11.,  .Aj>p!et«)n 

Mi-Dill,  ('».  I)..  OsM'ola  Mills.. 

Miller,  C.  II..  Wcsi  Mcrul 

Marshall.  (J.  A.,  Darliiij^lon  .  . 
McLerman.  J,  J..  Chi«ai;i>  •  ■  . 
M<I>onald.  John,  <  )'Nhko>h. .  . . 
Newman.  .A.  W..  Tn-mpfaliau 
Noni;le.  David.  Jani-svillc   .... 

NuKcnl.  -A.  .A..  Chilt«»ii 

Nash,   L.  J.,   Manil«»WiM    

<)rt«»n,  Harlow  S,.  Madisun  .. 
Ortt)n.  Phil<-  A.,  Darliii^t'in 

Oi^^tlcn.  C.  S.,  Waup;i<:t 

<>rlon.  Myron  H..  Ma«li-.riri  .. 
nrt<'n.  ( )lhr)  H..  Mafli^<.n  .  .  . 
O'Meara.  !»..  West  Mend 


n 


3S6 
402 
429 

273 
68 

73 
122 

247 

32S 

349 

371 

274 

153 

215 
217 

22 1 

3<»<) 
310 

273 

44 

115 
12'? 

151 

171 
217 

247 
24S 

24«) 

274 

2<>4 

2S3 

2'M 

274 

2«)5 

310 

32() 

3.^1 
331 
35*  > 
1^0 
3-^ 

l«.s 

4^4 
\}A 

1  m 
I  »5 

275 
2.>3 

7'' 
205 
V-*o 

3M 
4<-, 


l^aine,  Byron,  Madison 71 

Park,  (iifbert  L..  Stevens  Point  ..  109 

Paine, Halbert  K.,Washinj,fion,  D.C.  158 

Paf^e.  J.   IL.  Whitewater 221 

Van  Pelt.  Henry  V.,  Racine 225 

Palmer.  Henry  L.,  Milwaukee 249 

Paine,  James  H.,  Milwaukee 250 

Paul,  George  H.,  Milwaukee 251 

Platto,  J.  V.  v.,  Milwaukee 253 

Pereles,  Nathan,   Milwaukee 253 

Phalen,  Albert.  Milwaukee 253 

Prentiss,  (j.  C,  La  Crosse 310 

pope.  Carl  C,  Hlack  River  Falls.  .  311 

Perry,  G.  M.,  Hlack  River  F'alls.  .  .  312 

Proctor.  H.  W.,  Viroqua 312 

Packartl,  W.  H.,  Stevens  Point  ..  321 

Pinney,  S.  IJ.,  Madison 351 

Pease,  .*v  A..  Montello 353 

I'ierce,  S.  W..  Friendship 353 

I*ierce,  W,  L.,  Chippewa  Falls....  394 

IVase,  J,  J.  R.,  Janes ville 403 

Prichard.  M.  .S.,  Janesville 403 

Pors,  W.  A.,  port  Washington....  4<x) 

Pitkin.  F.  W.,  Colora<lo 444 

Pier.  C.  K.,  Fond  du  Lac 283 

porter,  W.  H.,  Jefferson 41)4 

^Juarles,  J.  V.,  Racine 222 

Ryan,  K<lward  <i..  NL'uiison 55 

Randall,  .Alexander  W I  iS 

Ryan,  Hugh,  Milwaukee 254 

Reese,  S.  W..  I)<»dgeville 2i/> 

Ro(l<dph,  Charles  (i..  Muscmla   ...  2«/) 

R<ise.  James  R.,  Darlington    2<)7 

Rose,  Davi<i  .S.,  Darlington 29S 

Rusk,  L.  J.,  Viroqua 312 

Ree<l,  .Myron,  Waupaca 321 

Raymond.  J.  O..  Stevens  Point  .  .  322 

R<»gers,  W.  IL,  Maiiison 354 

Ryan,  Samuel,   .\pplelon 387 

R«»by, Charles  W..  Porllantl. Oregon  462 

Runals.  F.  L..    Ripon 2■^5 

Randall,  .\.  N..  Hrodhead       4<j4 

Slow.  .Mexandtr  W.,  F<md   du    Lac  50 

Smith.  .Abnim  D..  .Milwaukee 71 

Small.  Davi<l  W.,  Oconomi»woc  . .  .  UX) 

.•Salomon,  I'.dward.  New   York II9 

Spooner.  Wyman,  KIkhorn I3fj 

Slr»an.  .A.  Scoti.  Heaver  Dam 155 

Slo.iii,  Iihamah  C,   Ma«Hson   ..    -.  156 

Smith.  A.  IL,  Janesville 183 

Smith,  <ieorge  H..  Madison 1S5 

Smith,  William  R..  Mineral   Point.  iMt 

Smith,  Wintiild,    Milwaukee I9I 

Stnmg,  Mose-s  M,.  Mineral  Point  .  213 

Strong.  .M.irshall  M..  Rannc 223 

Starkweather,  (i.  .A.,    Milwaukee..  254 


INDEX. 


541 


Stark,  Joshua,   Milwaukee    256 

Smith,  F.  P..  Milwaukee 25S 

Strong;,  Moses  M.,  Mineral  I'oinl  .   213 

Smith.  J.  M.,  Mineral  Point 2(>S 

Sanborn,  A.  W.,  Stevens  I'oint.  . . .   323 

Shelley,  John,  West  Hend 4<x) 

Starkweather,    J.     C,    Washington 

I).  C 45^ 

Silver,  ( ).  F.,  Herlin 275 

Sharptein,  J.  R.,  San   Fran<iseo.  . .   44S 
Sutherland,  it.  F...  Fond  <lu  Lac.  ..   2^(i 

Smith,  A.  A.  i-.,    Milwaukee    25'^ 

Saunilers,  T.  W.,  Milwaukee 2^h) 

Sriimitz.  A.  J.,  Manitowoc 2S«) 

SatTord,  H.  Si..  La  Crosse 313 

Spooner.  John  C,  Hudson 332 

.Smith,  k.  M.,   Madison 355 

Smith.  Richard,  New  Lisbon  ..•.. .    355 

Sloan.  II.  C,  Applelon ;>S 

Stattord.  W.  IL,  C.'hippewa  Falls  ..    3<;4 

Sale.  J.  W..  Janesville 404 

Taylor.  David.    Madison 7*^ 

'ralma<ii(e,  N.  P I  ih 

Twi-edy.  John  II. ,  Milwaukee 152 

Tii  hcnor.  \'..   Waukesha 2bb 

'ruriu-r.  II.  (f..  Manitowoc 2«>o 

Thomas.  O.  H..    Prairie  «lu  Chien  .    2<)S 

Tyler,  'T.  H..  Sparta 313 

'Touritllotte.  M.,  La  Crosse 314 

Tolirfron.  L..   Vir(M|ua 315 

Toellrr.  I'\   J..  La  Crosse 315 

'Turhuiie.  W.  F..    Vinxjua 315 

'Tral,  (iroryc  C.  Fau  C'laire   325 

'Turnrr.  J«>hn.  M.ifiston 355 

'Tracv.   I«thn  L.  (ireen  Mav ^^*} 

'T«»mpkiii»-.  \V.  M..  Ashland yn 

Tiinirr,  I-..  S..  P«irt   Washinvilon  .  .   410 
Thotnas,  Jii«».  !!..  .Sheboyj^an   FalU.   420 

'T<»ttci>.  Lri'x  h.    Washin^jton 4M 

'T<'im(\ .  1).  K..  Chicago 13(1 

Thuist'Mi.   I'lhii  M..  Omaha 451 


I   Truesdell,  J,  C.  Berlin 

Thompson,  A.  F.,  Oshkosh 

Cpham,  I).  A.  J.,  Milwaukee 

Van  Valkenbur^jh.   F.   H.,  Milwau- 
kee  

Vilas,  L.  M..  Fau  Claire 

Vilas,  L.  H.,  Madison 

Vilas,  W.  F..  Madison    

Vilas,  F.  P..  Madison 

Van  Pelt,  IL  V..  Racine 

Valentine.  F.  Ci.,  C'hica^o     

Whilon,  Fdward  V.,  Janesville   ... 

Washburn,  (L  W.,  <)shk*)sh 

Washburn,  C.  C.,  Madison 

Walker,  Isaac  P.,  Milwaukee 

Williams,  Charles  (J.,  Janesville.  .  . 
Wilson.  Alexan<ler.  Mineral  P«iinl. 
Webb,  Charles  M.,<rrand  Rapids.. 

Weeks.  T.  I).,  Whitewater 

Waldo,  ( ).  IL,  .Milwaukee 

Wallber,  Fmil,   Milwaukee 

Winkler,  F.  C.,  Milwaukee 

Williams,  W.  C,  Milwaukee ., 

Weissert.  A.  (L,  Milwaukee 

Webster.  M.  M..  Prairie  du  (?hien. 
Webster,  Daniel,  Prairie  du  Chien. 

Wilson.  J.  D..  Hosct^lM'l 

WooUey,  L.  J.,  Hoscobel 

Waddinj^ton,  J.  S  ,  .Arjjyle 

Win^f,  NL  P.,  La  Crosse 

Wocwlward.  (i.  M..  I^i  Crosse   .... 

Wyman,  ().  H.,  Vinxjua 

Wetherby,  L.  P..  Hu<lson     

Wijjman,  J.  IL  M.,  (Jreen  Hay.  . . . 

Welch,  W..  Maflison 

Wheeler,  Nelson  W.,  Haraboo  .  .  .  . 
Wilkinson.  A.  C.  New  Lisbon.... 

Wells.   IL  N.,  Milwaukee 

Winslnw.  R.  F.,  Chicavfo 

Woo«lman.  Cyrus,Cambrid>ie,Mass. 
Winans,  John    Janesville 


276 
276 

215 
3^12 

3W) 
225 

43J^ 

51 

104 

127 
132 
Ibl 
200 
2I(» 
221; 
2^)1 
2b| 
2<»2 

2^»3 
2b4 

2«>«) 

2«><) 

2iH) 

300 

301 

3K' 
3i(> 
3ifj 

33'> 
3'*«» 

37*> 
3?> 
412 

43«> 
450 

405 


PORTRAIT    ILHSTRATIONS. 


Hotkin.  .\h*\.mdcr 33s 

Hakcr.  Charles  M 1  m 

Cjilliiis,  Ahv.nidir  I HK» 

C<»lhr«  II.   \bintii«»iin'rv    .M    loo 

Car\.J"hnW 232 

Carjn'nt<T.  NLilluw  II i  ;s 

Cainer«iii.  .\rii;iis      I  js 

Davis,    David    iio 

Drummon.i.    Thtimas <)(> 

Di»vl«".  PilcT 2<».'^ 


Fnos.  Jacob  J 3<)H 

Finch.  Asahel 23'» 

Felker.  Charles  W 2(h) 

Frisby.  Leamler  F 202 

Fairchild.  1 1  iram  0 37*1 

Harlan.  John  M ^^ 

Huild.  'Th*>mas  R 3^1 

Ilobart.  Harrison  C 414 

Ha/flt<»n.  (ierry  W if>4 

Jenkins,  James  (i 244 


542 


INDEX. 


Lyon,  William  Penn 74 

Lewis,  James  T 122 

Lawson.  P.  V^ 273 

Miller,  Andrew  G 44 

Mann,  John  E 248 

Magoon,  Henry  S 172 

Marshall,  George  A.. .    424 

Orton,  Harlow  S 76 

Pierce,  Solon  W 354 

Pitkin,  Frederick  VV 444 

Paine,  H albert  E 158 


Ryan,  Edward  G i 

Roby,  Charles  W 462 

Smith,  Winfield 192 

Salomon,  Edward 120 

Spooner,  John  C 332 

Taylor,  David 78 

Thomas,  John  E 420 

Thurston,  John  M 452 

V'ilas,  Levi  B 356 

Wigman,  J.  H.  M 390 

Winslow,  Robert  F. 440 


ERRATA. 

Page  51 — The  biography  of  M.  M.  Jackson  should  be  under  the 
head  of  associate  justices  of  the  supreme  court. 

Page  35 — Slate  against  Arndt  should  be  State  against  Vineyard  for 
shooting  Arndt. 

Page  59 — Lester  Ryan  should  be  Leslie  Ryan  in  the  last  paragraph 
but  one  on  the  page. 

Page  117 — Tuscan  should  be  Tucson  in  second  paragraph. 

Page  225 — Second  district  should  be  second  circuit. 

Page  279 — Eliha  Coleman  should  be  Elihu  Colman. 

Page  533 — C.  K.  Davis,  Minnesota,  should  have  been  added  to  the 
list  of  (lovernors  who  have  been  lawyers  of  Wisconsin. 


n 


^  <: 


1 


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