USA > Minnesota > Ramsey County > St Paul > History of Ramsey County and the city of St. Paul, including the Explorers and pioneers of Minnesota > Part 41
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Alexander Wilkin admitted at this term, was an elder brother of Judge Wescott Wilkin at present, and for many years past the honored judge of the district court of Ramsey county. HIe had been an officer in the United States army in the Mexican war, and was always called in the olden time " Captain Wilkin." He was a man of small stature, but indomitable will and energy, and uncompromising integrity. The captain was quick to resent an affront, and in the free and fighting days of the territory, had several per- sonal encounters with parties who had given him offence, but happily none of them resulted seriously to either party. The captain operated largely in real estate and acquired a considerable quantity of valuable lands. He was appointed secretary of the territory to succeed Charles K. Smith, and performed the duties of that office ull- til the election of President Pierce. He was an officer of the celebrated Pioneer Guards, the first military organization formed in the territory.
He visited Europe during the Crimean war in 1854, and travelled extensively, and when the civil war commenced in this country in 1861, he . went to the front as an officer in the 1st Minne- sota regiment. He was soon promoted through various grades to the command of the 9th Minne- sota, and after participating in many of the bat- tles of the war, and exhibiting a high degree of valor and skill as a military leader, he was killed at the battle of Tupelo. Col. Wilkin is remem- bered by all who enjoyed his acquaintance with great respect and affection. Ile did not engage in the practice of the law very extensively.
In September, 1849, Michael E. Ames located in Stillwater and opened a law office. Mr. Ames soon after removed to St. Paul where he practiced his profession until his death. He was a native of Vermont but came to Minnesota from Bara- boo, Wisconsin. Mr. Ames was one of the lead- ing members of the bar of Ramsey county. He was a persuasive orator and a successful advo- cate
Edmund Rice, who was admitted at the First term of the court, is a native of Vermont, but immigrated to Minnesota from Michigan. Mr. Rice devoted himself to the practice of the law up to about the year 1856, when the railroad in- terests of the state began to assume prominence. He took a lively interest in railroad matters from that date, and has since almost exclusively de- voted himself to those enterprises, building the first roads ever constructed in the territory. He has been president of several of the leading rail- road companies and well deserves to be styled the father of railroads in this state, so far as re- lates to bringing the system from theory to actual construction and operation, while the conception of the system and the securing of the great land grants, largely belongs to his brother Henry M. Rice, for a long time delegate and United States senator from Minnesota. Mr. Edmund Rice has always enjoyed the confidence and warm friend- ship of the people of Minnesota to a degree hardly equalled by any other man, and may be said to- day, to be the most popular as well as one of the handsomest men in the state. He has just been chosen mayor of St. Paul, by an unusually large majority, after filling many offices of trust and honor, invariably with satisfaction to his constitu- ency.
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LAWYERS OF ST. PAUL.
George L. Becker arrived at St. Paul in the year 1849, and was an active practitioner and suc- cessful lawyer up to the advent of the railroads. when he became interested in those enterprises, and has been very prominently connected with them down to within a year or two, during which period he has not been in the practice of the law. Mr. Becker is now president of the Western Rail- road company. No man in the state is more worthy of the high esteem in which he is held by all classes of people than Mr. Becker. While possessing fine culture and elegance of deport- ment, his chief characteristic is a bold honesty, based upon the solidest foundation of superior common sense. He is still a resident of St. Paul, but engaged in extensive agricultural operations in Brown's valley and eastern Dakota.
William P. Murray, a native of Indiana, also came to St. Paul in 1849, and has been actively engaged in practice ever since. Mr. Murray is an astute, quick-witted man. Ile has been a mem- ber of the Minnesota legislature probably oftener than any man in the state. He is thoroughly versed in everything pertaining to the interests of St. Paul and Ramsey county, and ably repre- sents those interests in the legislative and muni- cipal councils. Mr. Murray has been several years city attorney of St. Paul, and now fills that office, which withdraws him from general practice.
Judge Goodrich, the first chief justice of the territory, is a native of New York. but was ap- pointed from Tennessee. Being assigned to the first district, he took up his residence in St. Paul, and continues to reside in that city, After the expiration of his judicial term he was engaged in some important cases, but never devoted himself to the practice of his profession. His inclinations are archæological and literary. He is the author of a curious and interesting work the principal object of which is to prove that Columbus did not discover America. The judge was appointed secretary of the American legation at Brussels, one of the most refined and polite courts in Eu- rope, and filled that pleasant position for eight years, improving the opportunity to expand his knowledge of paleology, by profound researches through the libraries of Europe,
The judge is deeply learned in all sorts of bib- lical lore, and familiar with the scriptural names. On one occasion when defending a Sioux Indian 16
by the name of Zu-a-za, on a charge of murder, the name troubled the judge and he called him all through the argument " my client Ehasuerus."
Judge Goodrich has long since passed his 70th year, but is as vigorous and active physically and mentally as most men of forty.
Judge Cooper at the end of his official term, settled down to the practice of the law in St. Paul, and continued his work up to June, 1864, when he emigrated to Nevada and located at Austin, on Reese river. He practiced there sev- eral years and went to Salt Lake city where he died several years ago.
Judge Cooper was a very industrious and pains- taking lawyer, but irascible in the highest degree ; he so fully identified himself with the cause of his client, that fair criticism from the opposite counsel of the merits of the case would be con- strued almost into a personal affront, and he never forgave a judge who decided against him. With all these peculiarities the judge had a very genial side in his nature. The writer passed nearly a month with him, shut up in an ocean steamer, occupying the same stateroom, and takes pleasure in testifying to the fact that a more agreeable companion would be hard to find.
One of the judge's habits was to wear the old style fine cambric shirts with frills up the bosom and at the cuffs; the singularity of this dress was made much more conspicuous from the contrast it presented to the careless attire of the people of 1849, and even later years. He was known as a gentleman of the old school.
Henry F. Masterson and Orlando Simons ar- rived in St. Paul, June 20th, 1849. They were both from the state of New York, and were ad- mitted to the bar of that state. They were part- ners before leaving New York, and continued the firm here by the name of Masterson and Simons. These gentlemen composed the first law firm ever established in Minnesota, and they remained to- gether up to the year 1875, when the number of the judges of the court of common pleas of Ramsey county having been increased to two, Mr. Simons was appointed by the governor, one of the judges of that court. IIe was subse- quently transferred by statute to the district bench, and then elected by the people to the latter position, and now fills it to the entire satisfac- tion of the bar, enjoying the confidence of the
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HISTORY OF RAMSEY COUNTY.
people, and being the terror of all wrong doers. Judge Simons has long been a close student of the law, and is endowed with a clear logical brain. He is as free from bias, partiality, timi- dity, or a fear of being criticised, as a granite monument in a secluded church yard. He has most of the attributes of a great judge.
Henry F. Masterson like most of the young. lawyers who came to the far West in those early times, was not possessed of much worldly means, in fact he had none. As the out-look for law business was not promising, he manfully went to work in a saw-mill at the Falls of St. Anthony, and in the construction of Fort Ripley, then Fort Gaines, and earned sufficient money to start himself in the practice of his profession. Mr. Simons and himself then opened an office in St. Paul, where Mr. Masterson has continued to practice until the present time. He is a good lawyer, a profound thinker, and always gets to the bottom of his cases. Mr. M. has been en- gaged in much of the important litigation of this judicial district, and was for years the attorney for the St. Paul and Pacific railroad company. He is a very genial and companionable gentleman, and delights in reminiscences of what we have called the "traditional period" of Minnesota. The writer is indebted to Mr. Masterson for many of the facts contained in this chapter.
The second law firm that was formed in Ram- sey county was composed of Edmund Rice and Ellis G. Whitall, under the name of Rice and Whitall. Late in the year 1849, George L. Becker entered this firm, which was from that time known as Rice, Whitall and Becker. Mr. Whit- all removing to St. Anthony and opening an office in that place, which was the first law office there. Mr. Whitall left the country about 1852, and never returned.
Mr. Lorenzo A. Babcock, of whom we have before spoken, was a native of Vermont, and ad- mitted to practice in that state. He arrived in Minnesota early in the spring of 1849, and set- tled at Sauk Rapids. He was elected to the first legislature, and was the first attorney general of the territory. He removed to St. Paul in the latter part of 1849, and practiced his profession there until his death.
Mr. Putnam P. Bishop was at one time a part- ner of William D. Phillips, in St. Paul. We learn
that he is still alive, and has become a Baptist clergyman.
Mr. Samuel H. Dent was from Kentucky. He was a justice of the peace in 1849 and 1850.
In the year 1850, law business improved, and several new lawyers arrived. Associations be- gan to be formed among attorneys. The firm of Babcock, Ames and Wilkinson was formed, Mr. Babcock representing the firm in St. Paul, and Messrs. Ames and Wilkinson residing at Still- water.
Rensselaer R. Nelson, a son of judge Samuel Nelson of the supreme court of the United States, arrived in 1850. He had been admitted in New York, and practiced a short time at Cooperstown. He formed a partnership with Captain Wilkin, and practiced until he was appointed associate justice of the supreme court of the territory in 1857. He held this office until the admission of Minnesota into the Union, when he was appointed United States district judge of the district of Minnesota, which district then, and still, em- braces the entire state. He has held this position ever since. Judge Nelson presided at several sessions of the district court of the territory, and sat with Chief Justice Welch, and Associate Jus- tice Flandrau, at the last term of the supreme court ever held in the territory, in January, 1858. He appears in the first volume of the Minnesota Reports as rendering the opinion in the case of Foster vs. Bailley et. al., reported at pages 436 to 441.
Judge Nelson is a well trained lawyer; is en- dowed with a good sound mind and body. His administration of justice has been characterized by impartiality, fearlessness and vigor. He is prompt in deciding matters that are submitted to him, and is esteemed by the bar for his urbanity, sterling integrity and painstaking endeavors to decide justly and according to law and precedent. In the domain of equity he is quick to detect fraud, artifice or oppression, and energetic in thwarting their designs upon the rights of the in- nocent. As district judge he possesses circuit powers, and quite frequently the entire duties of the circuit court devolve upon him. The state has every reason for congratulation in having such a competent and honorable judge to admin- minister the federal side of its judicature.
Jacob J. Noah, a son of the once famous Mor-
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THE EARLY LAWYERS.
decai Manassa Noah, of New York newspaper notoriety, located in St. Paul in 1850. Mr. Noah is a very remarkable man in various ways. He is an excellent musician, speaks French like a Parisian, is a competent art critic, a fair essayest on almost any subject. More at home on polemi- cal theology than most priests, a very good law- ler, a capital actor, and in a word, an accom- plished gentleman. He lived for some time at Mendota, was the first clerk of the supreme court of the state, and left the impress of his beautiful penmanship indelibly upon its records. IIe left the state about the time of the breaking out of the rebellion, served in the Union army, carpet- bagged extensively in Tennessee, and has resided in Washington ever since.
An amusing anecdote is related of him when practicing at Mendota. One of our present dis- tinguished lawyers had just arrived, and had business at Mendota before a justice of the peace. He was for the defence and Mr. Noah for the plaintiff. After reading the complaint he de- murred to it, and delivered a very able argument in support of his demurrer.
The justice was a stately looking gray-headed man, and as the attorney became eloquent he would throw out signs of appreciation, bowing occasionally, as if in acquiescence, When the counsel was through, he thought he had made a good argument, and convinced the court; when, much to his surprise, Mr. Noah commenced ad- dressing the court in French, whereupon he objected, saying that the law required the pro- ceedings to be conducted in English, and that he did not understand French, "Oh, yes;" said Mr, Noah, " I was only telling the court what you had been saying." " Well, sir;" said his adver- sary, "I think I made myself sufficiently clear, and need none of your interference." " That is true," said the Major, "you made an excellent argument, but the court don't understand any English ;" which was a fact. The Major's adver- sary threw up the sponge.
Mr. Allen Pierce, from Mississippi, formerly a law partner of Henry S. Foot, of that state, located in St. Paul in 1850, for a short time, but removed to Willow River (now Hudson), Wisconsin.
Phillips and Bishop also formed a partnership in the year 1850, at St. Paul.
Charles J. IIennis, from Philadelphia, arrived
in 1850. He opened a law office, but was more of a newspaper man than a lawyer. He was either an Irishman or of Irish descent. He was a very eloquent speaker and able writer. The mention of his name awakens recollections of wit and cleverness rarely met with in these humdrum days of all work and no fun. He died after a brief sojourn in St. Paul.
William Hollinshead, of Philadelphia, arrived in St. Paul in 1850. Ile was an able man and good lawyer, and for several years was regarded as at the head of the Ramsey county bar. On March 4th, 1851, he entered into partnership with Edmund Rice and George L. Becker, forming the firm of Rice, Hollinshead & Becker, which was, as long as it lasted, the most prominent law firm in Minnesota. Mr. Hollinshead married a sister of Henry M. and Edmund Rice. He left several children, one of whom, Edmund R. Hollinshead, is now a practicing lawyer in St. Paul. Mr. H. was a very impressive speaker, and carried great weight with courts and juries.
C. S. Todd, of Kentucky, was one of the arriv- als of 1850. It was never supposed that he came to stay, but to gain a residence for a special pur- pose. IIis sojourn was brief, but being a mem- ber of the Ramsey county bar we mention him.
Wm. G. LeDuc, came to St. Paul in 1850. IIe did not do very much at the practice. He was in the book and stationery business. Mr. LeDuc was in the quartermaster's department of the Union army during the rebellion, and during President Hayes' term was commissioner of agri- culture. Mr. LeDuc has demonstrated that the soil of America, manipulated by Yankee ingenu- ity, surpasses the Celestial empire in the produc- tiou of tea.
1851. Pierce and Murray entered into part- nership at St. Paul.
Mr. John F. Lehan, an Irishman, opened a law office in St. Paul. He was more devoted to poli- tics than law and remained but a short time.
George W. Prescott and D. A. J. Baker, both from the state of Maine, opened a law office in St. Paul as Prescott and Baker. Mr. Prescott was afterwards clerk of the United States dis- trict court, and is now a Baptist clergyman.
Mr. Baker still resides in Ramsey county but does not practice law.
De Witt C. Cooley, a native of New York, and
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HISTORY OF RAMSEY COUNTY.
a member of the bar of that state, settled in St." Paul in 1851. He had practiced in Texas and other southern states before coming to Minnesota. He practiced in St. Paul for a number of years, forming a partnership with Justin I. McCarthy, and was the second district attorney of Ramsey county. Mr. Cooley left the state at one time, and resided in Pennsylvania for many years, but returned to St. Paul and has resided there for the past four or five years. He, however, has not been in practice.
Lafayette Emmett, of Ohio, came to St. Paul this year and opened a law office. He was at one time in partnership with Henry L. Moss, and again with James Smith, Jr. as Emmett and Smith. He was attorney general of the territory during the administration of Governor Willis A. Gorman, and was the first chief justice of the state, being elected at the first election in 1857, and serving a term of seven years.
Judge Emmett is an able lawyer, and made an excellent judge. His judicial record is contained in the Minnesota reports from volume 2 to vol- ume 9 inclusive, and it is one which will bear creditable comparison with that of any judge who has ever sat upon the Supreme bench of Minne- sota. The judge removed to Faribault some years ago, and now lives at Ortonville, in Big Stone county, where he is practicing his profes- sion.
On the 18th of September, 1851, R. R. Nelson entered into partnership with Isaac Van Etten. Mr. Van Etten came from New York to St. Paul. He died several years ago. This firm was of very brief duration; it did business as "Ames & Nel- son."
On the 25th of November, Captain Wilkin formed a partnership with Isaac Van Etten un- der the firm name of "Wilkin and Van Etten."
T. P. Watson, a Frenchman from Detroit ar- rived this year in St. Paul, also A. L. Williams of New York, who had been in practice in Wis- consin before coming to Minnesota. These gen- tlemen formed a partnership as "Williams and Watson."
Henry L. Moss moved over from Stillwater to St. Paul this year. Charles L. Willis of Ohio, settled in St. Paul this year. For many years Mr. Willis has withdrawn from active practice and has devoted himself to the management of
his private affairs. He is an esteemed citizen, and the father of John W. Willis, a young law- yer of great promise, who has recently been ad- mitted to the bar of this county.
On the 1st day of July of this year Mr. Moss and Lafayette Emmett formed a partnership as "Emmett and Moss."
George D. Rice a brother of Henry M. and Ed- mund Rice arrived this year; he can hardly be said to have entered into practice. He returned to Michigan.
William II. Welch, a native of Connecticut, graduate of Yale College and Law school arrived in 1850, and should have been classed in that year. He lived some time at St. Anthony while it was part of Ramsey county, and subsequently at St. Paul. IIe was appointed chief justice of the territory by President Pierce, served four years and was re-appointed by President Buchan- an, serving until the admission of the state. Judge Welch was a well read lawyer and very much esteemed. He has been dead many years.
Isaac V. D. Heard, a native of New York, came to St. Paul, April 29th, 1852. For a time Mr. Heard acted as clerk for Alexander Wilkin, then secretary of the territory. He was elected district attorney of the county of Ramsey, in 1855, and held that office by successive re-elec- tions for eight years, and performed its duties with marked ability and success. Subsequently he was city attorney of St. Paul for about three years. Mr. Heard was in the Sioux war of 1862, as an officer on the staff of General Sibley, and was one of a party sent by the General to the re- lief of the besieged at New Ulm. They charged into the town, expecting to meet the Indians, but found the place absolutely deserted; Colonel Flandrau having taken all the inhabitants to Mankato. Mr. IIeard acted as recorder and judge advocate of the military commission which tried the Sioux prisoners, and wrote a book descriptive of the war of 1862, called the "History of the Sioux War." Mr Heard is a sound lawyer, and enjoys a fine practice. He has been engaged in many of the most important trials, civil and criminal that have taken place in this county, and always with credit to himself and the profession.
Daniel Breck, a Kentuckian settled in St. Paul for the purpose of practicing law this year; he
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THE EARLY LAWYERS.
245
unfortunately killed a man, after a short resi- dence, and departed. While here he formed a partnership with A. L. Williams as Breck and Williams.
John Esais Warren, of Troy, New York, re- moved to St. Paul in 1852. Mr. Warren, although an educated lawyer, was more devoted to litera- ture than law. He had traveled extensively and acquired a varied knowledge; being a man of large means, he took the world quite easily, fol- lowing the bent of his inclinations. He was the author of a work on Spain, and a book called "Para, or Adventures on the Amazon." He took a lively interest in public affairs, and was at one time mayor of St. Paul, and United States dis- trict attorney of the territory. Mr. Warren, after leaving St. Paul, resided in Chicago, where he be- came extensively engaged in the real estate busi- ness. He is still a resident of that city. There are many citizens of St. Paul to-day, including the writer, who delight to recall the sumptuous hospitality of Mr. Warren's home, made doubly attractive by the merry brilliancy of his charm- ing wife.
In the year 1852, Mr. Warren formed a law partnership with Mr. Joseplı Wakefield, who set- tled in St. Paul the same year. The firm name was Wakefield and Warren.
To give the reader some idea of the remoteness of this region from the outside world, prior to and at the time of the organization of the territory, we will state that the organic act was passed, March 3d, 1849, but the news of its passage and the appointment of territorial officers was not known in Minnesota until the 9th of the next April ; and when General Taylor was elected president of the United States in November, 1848, the first information of the result of the election that reached Stillwater, was on the 3d day of Jan- uary, 1849.
We have thus far gone into particulars con- cerning the individual members of the bar of Ramsey county and its predecessor, the county of St. Croix, because, as we said before, the greater interest attaches to the pioneer times, that form the nucleus or germ of the after and more stately growth. We will be, necessarily, compelled to be more general in our consideration of the subject after the year 1852.
The growth of Ramsey county was very rapid
from 1852 to 1858, and many lawyers were at- tracted to the capital city of the territory. There came before the admission of the state, Willis A. Gorman, the second governor of the territory ; Wescott Wilkin, at present the senior judge of the district court ; E. C. Palmer, the first judge of the district court after the admission of the state ; William Sprigg Hall, the first judge of the court of common pleas of Ramsey county ; S. J. R. McMillan, afterwards associate justice of the supreme court of the state, chief justice of the same court, and United States senator for two terms (he now fills the latter position); Charles E. Flandrau, one of the associate justices of the supreme court of the territory and state, and at one time Indian agent for the Sionx of the Mis- sissippi ; Horace R. Bigelow, now, and for a long time past the honored president of the Bar Association of Ramsey county ; Greenleaf Clark, agent of the state university, and now associate justice of the supreme court ; John B. Brisbin, mayor of St. Paul, president of the territorial council in 1856, and reporter of the supreme court ; J. Traverse Rosser, secretary of the territory di- ring governor Gorman's administration ; Alexan- der C. Jones, judge of probate, and now United States consnl to Nagasaki in Japan ; John Pen- man, originally a Methodist preacher, turned lawyer, and was judge of probate of Ramsey county ; John B. Sanborn, who fought his way to the rank of major general of volunteers in the Union army ; Morris Lamprey, regent of the state university ; Oscar Stephenson, judge of probate of Ramsey county ; Harvey Officer, reporter of the supreme court ; Lorenzo Allis, Jolmn M. Gil- man, James Smith, Jr., George L. Otis, who was once honored by the democracy of the state with the nomination for governor ; Harvey Officer, Henry J. Horn, W. P. Warner, and many more gentlemen that space forbids us to particularize.
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