The history of Mower County, Minnesota : illustrated, Part 10

Author: Curtiss-Wedge, Franklyn
Publication date: 1911
Publisher: Chicago : H. C. Cooper, Jr. & Co.
Number of Pages: 1246

USA > Minnesota > Mower County > The history of Mower County, Minnesota : illustrated > Part 10

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

HISTORY OF MOWER COUNTY

made him almost an ideal judge. There are few judges that were more universally loved and esteemed by the people of his judicial district than he. Judge Farmer, refusing to serve longer upon the bench, was succeeded by the election of the Hon. John Whytock, of Albert Lea, Freeborn county. He acted as judge for the full term of his office, six years, and at the November election he was re-elected. In November, 1897, while holding court at Preston, Fillmore county, he was taken ill and a few weeks after died at his home in Albert Lea. Judge Whytock was a good lawyer and had many qualifications that fitted him for a judge, but he was hard of hearing, and considerably. more so than he realized. There was some difficulty in transacting business before him. He did not hear all of the testimony and hence in ruling upon questions of the admissibility of evidence appeared to disadvantage, but he was a good man, intended to be fair, and aside from the defect of hearing, made a good judge. Governor Clough appointed as his successor the Hon. Nathan Kingsley, of Austin, Mower county, and he has been re-elected judge of this district without opposition to the present time. He has served with entire satisfaction to the bar and the people of this district. He is peculiarly fitted and qualified for a good judge. He has, in a marked degree, a judicial mind. He is studious, painstaking and careful and above all he possesses that eandor and fairness which is becoming to a judge. Industrions, he is diligent in his search for the right, and his sense of justice is tempered by his mild and humane manner. Patience, studions- ness and the love of justice are some of his distinctive character- isties. He is still the presiding judge. Judge Kingsley is also a prominent Mason, and is Grand High Priest of the Grand Chap- ter, R. A. M.

THE BAR.

The first attorney to establish himself in the law business at Austin was Ormanzo Allen, who came from Wisconsin, July 2, 1856. He continued to reside here until his death a few years ago. He was engaged in the trial of but few cases. He was an office lawyer and confined his labors to conveyancing and giving advice. He was an exemplary citizen, and at one time was con- sidered quite wealthy, but in later years lost the bulk of his property in speculation.

The second lawyer to establish himself in Austin was Aaron S. Everest. He came from High Forest in August, 1856, and was formerly, it is believed, a resident of the state of New York. Ilis education was limited, but he possessed a good deal of native ability and was naturally a good lawyer. Ile was quite active in politics while he resided in this county. In 1870 he removed

HISTORY OF MOWER COUNTY

to Athison, Kansas, where, in connection with his partner, Mr. Wagner, he built up a large and lucrative business. He died some seven or eight years ago at Atchison, Kansas.

Another lawyer of considerable note was D. B. Johnson, Jr. He came to Austin in 1856. He engaged in surveying and mer- chandising until the term of court held in September, 1858, when he was admitted to the bar. Like most lawyers he was engaged in politics, and held the offices of justice of peace, county attorney one term, and county auditor one term. In August, 1871, he was appointed one of the associate justices of the territory of New Mexico, but resigned in 1872. From 1858 until 1871 he was associated in the practice of law under the firm name of Cameron & Johnson. After his retirement from the bench in 1872 he was in practice alone until 1888, when he formed a partnership with S. D. Catherwood. Later in the eighties he was elected county attorney, and after his retirement from office moved to Portland, Oregon, where he died twelve or fifteen years ago. Judge John- son was a man of more than the ordinary ability. He was pos- sessed of a fair education and was quite studious. He possessed a quick and logical mind, and would have been a splendid trial lawyer if he had been more aggressive and possessed of con- fidence in his own ability. He was regarded as one of the ablest trial lawyers in the county.

C. J. Short came to Minnesota in 1856 and settled in North- field, where he engaged in surveying. He was educated- in the Vermont State University, where he graduated in 1855. He com- menced the study of law in 1857, with Bachelor & Buckam, of Faribault, and in 1858 was admitted to practice. In the spring of 1859 he removed to Austin and formed a partnership with Ormanzo Allen, which continued for several years. He was elected county attorney in 1860 and held that office in 1860-61- 62-63-65-66-69 and 70. He then moved to the town of Dexter, in this county, where he engaged in farming for six years. In 1881 he returned to Austin, where he resided until his death. He lacked the force and energy necessary to make him a suc- cessful lawyer. He was studious, and was reputed, in his day, to be the most scholarly lawyer at the bar.

George M. Cameron came to Austin, November 27, 1856. He was a Canadian by birth and educated in the district school and at the State University at Madison, Wisconsin. In 1858 he was admitted to the bar at Austin to practice in the courts of Minne- sota. He always enjoyed a good practice while he lived and was in practice. He was elected to the office of probate judge in 1860 and was again elected in 1876 and 1878. He was the first mayor of the city of Austin. He was honorable in his profession and ranked high as a trial lawyer. When not serving as probate

HISTORY OF MOWER COUNTY

judge he was constantly in active practice until he retired in 1887. He possessed a logical mind and a keen perception of what a controversy in question was about. He was looked upon as an able and honest lawyer. The fact of his being repeatedly chosen to important offices testifies as to his popularity as a man and recognition of his worth as a citizen. He was engaged as chief or associate counsel in all of the important cases that were tried in this county while he was in active practice. He was kind and benevolent to the poor. His charges for his services were reasonable and just. In 1887 his mind gave way, and he remained on his farm near Brownsdale in this county until the time of his death.

In 1866 Sherman Page and E. O. Wheeler came to Austin and formed a partnership in the practice of law. Mr. Wheeler coming direct, it is believed, from New York, which was his home, Mr. Page coming from Decorah, Iowa. Prior to that he had been at Lancaster, Wisconsin, for a number of years engaged as super- intendent of the schools of both Decorah and Lancaster. Mr. Page was originally from Vermont. The firm of Page & Wheeler continued until the election of Mr. Page as judge of this district in 1872. They did a large commercial business and also dealt largely in real estate. Mr. Wheeler was a fine office lawyer, as well as a good counselor. After Mr. Page was elected judge Mr. Wheeler continued the practice of law either alone or in partnership with his brother, R. B. Wheeler, until 1879, when he moved to Auburn, New York, to engage in the practice of his profession with Judge Howland of that city. Judge Page re- mained upon the bench until his term of office expired January 1, 1880. He practiced until 1882, when he removed to California. Judge Page was a forcible and pleasant speaker. As a trial lawyer he had few equals, if any, in the state.

L. Beauregard practiced law for a short time in Austin. He was a law student in the office of Aaron S. Everest and was ad- mitted to the bar under his tutelage. He was elected county attorney, but subsequently had to resign the office, and he re- moved to Utah and from there to New Mexico.

In 1871 John M. Greenman came to Austin. IIe was a native of New York, but when a young man removed to the state of Wisconsin. He formed a partnership with I. N. Hawkins and the firm continued until 1873. In 1896 he formed a partnership with R. J. Dowdall. He has served as county attorney, city attorney and judge of probate. Except while holding the office of judge of probate Mr. Greenman has been in active practice and one of the prominent attorneys of this county. Ile is a pleasant gentleman and a good lawyer.

Mr. Hawkins discontinued the practice of law after the dis-

HISTORY OF MOWER COUNTY

solution of the firm of Greenman & Hawkins. He served as city attorney, and in 1873 was a candidate for senator but was de- feated for that office. His defeat was due to the Grange move- ment, which swept the entire state, except that the Republicans elected their candidate for governor. Mr. Hawkins was suffering from a wound, which he had received in the civil war. He was a pleasant and amiable gentleman, and was a man possessed of considerable means. He removed from the state shortly after his defeat for the legislature.

In the early fall of 1871 Lafayette French came to Austin, and at the September term of court of that year was admitted to the bar. January 1, 1872, he formed a partnership with W. H. Crandall in the practice of law. In 1878 the firm was dis- solved, Mr. Crandall retiring for the purpose of going into the insurance business. Mr. Crandall was a fair lawyer, but the turmoil and strife of an active life in the legal profession was distasteful to him. Mr. French has continued in the practice of his profession until the present time.

In 1870, Eugene B. Crane opened an office and commenced the practice of law. He soon engaged in the real estate business. He remained in Austin for several years and afterwards removed to Minneapolis, Minnesota, where he is engaged in his profession.

W. H. Merrick studied law with his father in Milwaukee, Wisconsin. He came to Austin and engaged in merchandise. Some years later he was admitted to the bar and practiced four or five years. In 1882 he removed to Portland, Oregon, where he now resides.

In 1875 or 1876 C. C. Kinsman came to Austin and opened an office for the practice of law. In the fall of 1878 he was nominated and elected county attorney. In January, 1880, he declined a renomination and was elected court commissioner. In 1881 he moved to Cumberland, Wisconsin, where he continued in practice until his death. He was a well read lawyer, but lacked force and aggressiveness. He was a gentleman of splendid habits and a good citizen.

In 1882 James D. Sheedy was admitted to the bar of this coun- ty. He served as justice of the peace and was in the office of Lafayette French about four and a half years, but the profession of the law was not lucrative enough and so, finally, he drifted into real estate and became connected with the Alliance Fire and Hail Insurance Company and afterwards became president of that com- pany. The law was not to his taste. In his chosen field of labor he has been very successful and is a prominent worthy citizen.

In 1883 R. B. Wheeler, who succeeded the firm of E. O. Wheeler and R. B. Wheeler, removed to St. Paul. The firm of Richardson & Day succeeded to his business.

HISTORY OF MOWER COUNTY

Richardson & Day were young men who had graduated at our high school in Austin. They did a commercial and real estate business similar to that of R. B. Wheeler. They associated with them L. A. Pierce, who came from Auburn, New York, in 1887. Mr .. Pierce was an able lawyer, but his desire for office and ex- travagant habits prevented him from succeeding as a lawyer. In the fall of 1887 W. E. Richardson and F. A. Day removed to Du- luth in this state, where they continued to follow the law and real estate business.

In 1887 Arthur W. Wright and LaFayette French bought out the business of Richardson & Day and formed a co-partnership under the firm name of French & Wright, Mr. Wright looking after the real estate and loans of the office and Mr. French seeing to the law business of the firm. They continued in business until 1898, when the firm dissolved by mutual consent, Mr. Wright sue- ceeding to the business and Mr. French continuing the practice of law alone. Since then Mr. Wright has had a large business in commercial law and real estate. He was elected county attorney and re-elected without opposition for eight years, when he volun- tarily withdrew as a candidate for that office. Perhaps the county was never more fortunate than in the selection of Colonel Wright for county attorney. For honesty, efficiency and ability the coun- ty has been well served. He is still in active practice, with many years of usefulness before him. He served as major in the Span- ish-American war and is one of the prominent men at the bar in this county. His correct life and high sense of honor and clean habits make him justly an ornament to the bar.

In 1886 or 1887 Nathan Kingsley and R. E. Shepherd moved over from Chatfield, Minnesota, to Austin. They opened an office under the firm name of Kingsley & Shepherd. The firm continued until Governor Clough, about twelve years ago, appointed Mr. Kingsley judge of the tenth judicial district. Both gentlemen were possessed of a high sense of honor and were leading attor- neys here until the dissolution of the firm. The firm was continu- ously engaged on one side or the other of important litigation in this and adjoining counties. The firm did a successful business, Mr. Kingsley being especially strong as a trial lawyer. Upon the dissolution of the firm Mr. Shepherd was alone some two weeks and was succeeded by the firm of Shepherd & Catherwood. Mr. Shepherd was elected county attorney for two or three terms and made a good and efficient officer. He was a good lawyer and an enterprising citizen. He possessed a lovable nature, combined with wit and humor, that made him very popular with his brother lawyers. Some four or five years ago the firm was dissolved and he removed to Billings, Montana, where he engaged in the real estate and banking business, which was more congenial to his

HISTORY OF MOWER COUNTY

taste than the practice of law. His partner, S. D. Catherwood, succeeded to the business of the firm. Mr. Catherwood spent most of his life in Austin or in the adjoining county of Freeborn. He is a graduate of the State University and not only possesses a good academic education, but is well grounded in the law. He was admitted to the bar in 1888, and has since been engaged in the practice at the city of Austin. He has been county attorney for three terms, and that is the only office he has aspired to. He has not engaged in any other business except the practice of law. He stands high in the rank of lawyers in southern Minnesota, and in the state. His life demonstrates what a young man who has fair ability, with industry and close attention to business can ac- complish in a lifetime. Mr. Catherwood is in the prime of life and enjoys a lucrative business. He is a good all around lawyer. One year ago he formed a co-partnership with J. N. Nicholsen, and the firm promises to be one of the strongest in the southern part of the state.

Mr. Nicholsen is a graduate of the Austin high school, read law in the office of Kingsley & Shepherd, and attended the law school at Ann Arbor, Michigan. He was thoroughly equipped for the practice of his profession when he was admitted to the bar in 1902. Shortly after his admission he formed a partnership with Frank E. Putnam at Blue Earth, under the firm name of Putnam & Nicholsen. The firm continued until 1909, when it was dis- solved, Mr. Nicholsen coming to Austin and forming a partner- ship with S. D. Catherwood. The firm has a wide and extensive practice.

W. W. Ranney is a graduate of the law department in the State University of Iowa, in 1876. In 1878 he located at Grand Meadow in this county, where he practiced his profession for a number of years. He then removed to Austin, where he was elected to the office of probate judge. He has been more of an office than a trial lawyer. He is a good citizen and highly re- spected by all who know him.

In 1882 Lyman D. Baird was admitted to the bar. He was city attorney of Austin in 1884. Since 1885 he has confined him- self chiefly to the real estate business, in which he has been a de- cided success. Mr. Baird is considered a shrewd man of business and an enterprising and public spirited citizen, and one of the most progressive young men in the city of Austin.

In April, 1884, L. F. Clausen moved from Blooming Prairie to Austin, opened an office and engaged in the practice of law until about 1902, when he removed to North Dakota, where he is still engaged in the practice of his profession. Mr. Clausen was elected county attorney of this county a short time after moving here. He was born in Mitchell county, Iowa, in 1856, and is a son of

HISTORY OF MOWER COUNTY

Rev. C. L. Clausen, the founder of the Lutheran church at Austin, and one of the earliest ministers of that denomination in Austin, Minnesota.

In 1896 R. J. Dowdall, a Canadian by birth, came to Austin and formed a partnership with J. M. Greenman for the practice of law. Mr. Dowdall was a gentleman of fine ability and came from a family of some prominence in Canada. He continued in the practice of law at Austin some five or six years, when he re- moved to the northern part of the state. He was a strong trial lawyer, but was not discriminating enough and often appeared on the wrong side of a case.

Ten years ago T. H. Pridham eame to Austin and engaged in the practice of law until the summer of 1910. Mr. Pridham was industrious and painstaking in the business entrusted to his care. He was eity attorney for six or eight years and resigned that office when he removed to Helena, Montana. He is a young man of good habits and quite promising in his profession.

In 1900 Fay W. Greenman was admitted to the bar. He is a son of J. M. Greenman and upon his admission became a member of the firm of Greenman & Dowdall, the name being changed to Greenman, Dowdall & Greenman. When the firm was dissolved and his father elected to the office of judge of probate, he prac- tieed his profession alone. He graduated from the high school of Austin with honors. He is a young man of good habits, studious and industrious. In his social relations he is a most agreeable young man. In the ten years that he has been in practice he has built up a good business for a young man. He has tried a good many cases and many with eredit to himself.

In 1909 Frank G. Sasse came to Austin from Fairmont. Minne- sota, and formed a co-partnership with LaFayette French. Mr. Sasse graduated from the academic department of the State Uni- versity with honor in 1898 and from the law department of that institution in 1900. He practiced his profession at St. Charles, Minnesota, for two or three years, when he removed to Fairmont where he formed a partnership under the name of Mathwig & Sasse. In the fall of 1908 he was elected county attorney of Martin county, but resigned the office when he moved to Austin to become associated with Mr. French. He is very studious and has all the qualifications for making a successful lawyer.

In addition to the lawyers of Austin there have been several at LeRoy village, Grand Meadow village and the village of Brownsdale. F. M. Goodykoontz was the first lawyer at the village of LeRoy, coming there in 1867 from Iowa. He formed a co-partnership with J. M. Wykoff. When the firm was dissolved he removed to Nora Springs, and from there to Mason City. Iowa, and in 1884 he moved to South Dakota. He was a lawyer

HISTORY OF MOWER COUNTY

of a good deal of ability and his removal from the state was a decided loss to the profession.

J. M. Wykoff continued to do business alone, but his practice has been confined chiefly to real estate, conveyance and office work.

Joseph McKnight was admitted to the bar at Austin in 1882. together with J. F. Trask, E. J. Kingsbury and J. S. Bishop. They constituted the bar at LeRoy until about 1895.

G. W. W. Harden is a graduate of the law school of the State University, has been village attorney. and in 1901 was elected a member of the state legislature. He is a good lawyer but his work is confined mostly to commercial business and real estate. He is still in practice at LeRoy.

Judge Ranney was formerly at Grand Meadow, but being elected judge of probate. moved to Austin.

About 1878 George F. Goodwin opened an office at Grand Meadow. In 1880 or 1881 he was elected to the office of county attorney. He prosecuted, while county attorney, the case of the state vs. John A. Riley for attempt to murder Judge Page. He was assisted in that case by Ilon. J. M. Burlingame, of Owatonna, Minnesota. In 1884 he removed to North Dakota and was elected attorney general of that state shortly after it was admitted into the Union. He held the office one term and then moved to Salt Lake City, Utah. He is a studious, painstaking young lawyer, and since leaving this state has gained considerable prominence.

Capt. A. J. Hunt came to Brownsdale village in 1873. He was formerly from Wisconsin, He opened an office and was engaged in the practice of law and dealt in real estate until 1888, when he moved to Georgia.

Otto and Carl Baudler are graduates of the Austin high school, and from the law department of the State University. They commenced the practice of law three years ago at Blooming Prairie, in Steele county. In 1909 they moved to Austin and opened an office. In the fall of 1910 Otto Baudler was elected county attorney of this county by a handsome vote. They are brothers and sons of William Baudler, who is one of the pioneers of Austin. They are clean, studious young men and they promise to be quite an acquisition to the bar. This comprises the law- vers who reside and practiced in Mower county.

In 1890 A. C. Page was admitted to the bar, since which time he has been in the office of L. D. Baird. He is a young man of exemplary habits and is given more to real estate and collections than to trial practice. At present he is alderman at large in the city of Austin.

In 1903 Edward P. Kelly was admitted to the bar. For three years he read law under the direction of Lafayette French and

HISTORY OF MOWER COUNTY

attended the Summer Law School at Ann Arbor, Mich., for two years. After his admission to the bar he formed a partnership with Lafayette French under the firm name of French & Kelly, which continued until 1905, when he removed to Carrington, N. D., where he is still engaged in the practice of law. Mr. Kelly is well equipped for the practice of his profession and from the time of his admission until the present time he has met with splendid success in his profession.

In 1907 Henry Weber, Jr., was admitted to practice law. He was located at Dexter, in this county, and continued in the practice until the fall of 1910, when he was elected probate judge of this county, which office he fills at the present time. Mr. Weber is an exemplary citizen and his honor and integrity are beyond question.

CIVIL AND CRIMINAL CASES.

This article would be incomplete without stating some of the most important criminal and civil cases with which the lawyers of this county were connected.

The first homicide case was that of Chauncey Leverich. Lever- ich was in a saloon in Austin in the month of August. 1856, and was killed by Horace Silver and William Oliver. Silver and Oliver were arrested for assault and battery and Silver fined $20.00 and Oliver $10.00. The prosecution was conducted by John Tift and the defense by Arron S. Everest and O. Allen. When the defendants learned that Leverich would not reeover, they paid their fines and left the country. Leverich died from the wounds he received a week later. The county was new and this case illustrates the crude way in which justice was adminis- tered in an early day.

In 1868 John and Oliver Potter and George and William Kemp with others were arrested for killing Chauncey Knapp. C. J. Short appeared for the state and John Q. Farmer, of Fillmore county, who afterwards became district judge of this district, and his brother, J. D. Farmer, appeared for the defendants. George and William Kemp were tried and acquitted. A change of venue was granted the Potters and the case sent to Fillmore connty. Judge Donaldson was the presiding judge. None of the parties was ever punished for this foul murder.

In 1873 the case of the State of Minnesota against Ole Bang, charged with homicide, was tried. Bang was convicted of man- slaughter and senteneed for four years in the state prison. The prosecution was conducted by E. O. Wheeler, the then county attorney. The defendant's cousel was Sherman Page. Judge Samuel Lord presiding.

HISTORY OF MOWER COUNTY

The most important criminal case was tried at the March term of the district court in 1881, the State of Minnesota vs. John A. Riley. Riley was charged with an attempt to assassinate Judge Sherman Page. George F. Goodwin was the then prosecuting attorney, and he was ably assisted by J. M. Burlingame, Esq., an able attorney from Owatonna. The defendant was represented by Lafayette French, G. M. Cameron, of this city, and W. W. Er- win, of St. Paul. Judge Daniel A. Dickenson, who was then dis- triet judge at Mankato and later one of the associate justices of the Supreme Bench, was called by Judge Farmer to preside in his place. The case was an important one. It probably created as much talk and newspaper comment as any case tried in the county. Judge Page, whom Riley was charged with attempt to assassinate, was a prominent person. Riley was brought by Pinkerton's detective from the neighboring state of Wiscon- sin into Minnesota to answer to the charge. He was confined in a jail outside the county. The sentiment in favor of and against Page was intensely partisan. There was a great deal of feeling displayed during the trial by the attorneys and parties interested in the case. After a lengthy trial the jury brought in a verdict of "not guilty" and Riley was discharged from custody. The case was ably handled by the attorneys for the state. Mr. Erwin made the closing argument for the defense. He was then in his prime, forty or forty-five years of age, and had a great reputation as a criminal lawyer. Probably his argument was the finest ever made to a jury in this county. Two years ago he died in Florida.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

The history of Mower County, Minnesota : illustrated, Part 10

Author: Curtiss-Wedge, Franklyn Publication date: 1911 Publisher: Chicago : H. C. Cooper, Jr. & Co. Number of Pages: 1246

Author: Curtiss-Wedge, Franklyn
Publication date: 1911
Publisher: Chicago : H. C. Cooper, Jr. & Co.
Number of Pages: 1246