History of Crawford and Richland counties, Wisconsin, Part 52

Author: Butterfield, Consul Willshire, 1824-1899. [from old catalog]; Union publishing company, Springfield, Ill., pub. [from old catalog]
Publication date: 1884
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1298

USA > Wisconsin > Richland County > History of Crawford and Richland counties, Wisconsin > Part 52
USA > Wisconsin > Crawford County > History of Crawford and Richland counties, Wisconsin > Part 52

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).

The plaintiff recovered in the action, which was brought in Cahokia, before a justice of the peace, the sum of $16. But the defendant ap- pealed to the county court of St. Clair county. As "Prairie du Chein" was in that county, the sheriff had about 500 miles to travel to subpæna the witnesses for the new trial. But, being an Indian trader, he fitted out a boat, and having stocked it with goods adapted to the Indian market, proceeded thither with his papers. Hlav- ing subpoenaed the witnesses, (including most of the residents of "Prairie du Chien") he made his return, and charging, as he had a right to do, a travel fee for each, his cost and the costs of the suit altogether, it is said, exceeded $900. Finally, before the suit came on for hearing in the county court,it was settled. The parties each ineurred an expense of about $1,500.

Upon the death of Campbell, Nicholas Boil- vin succeeded to his dignities, in consequence of which, when the British forces appeared in 1814, he hurriedly left the place, but returned after peace was declared, and resumed his func- tions. Ilis off-hand way of administering jus- tice may be illustrated by an anecdote:

"Col. Boilvin's office was just without the walls of the fort of Prairie du Chien, and it was

much the fashion among the officers to lounge in there of a morning, to find sport for an idle hour, and to take a glass of brandy and water with the old gentleman, which he called taking a little 'quelque chose.' A soldier, named Fry, had been accused of stealing and killing a calf belonging to M. Rolette, and the constable, a bricklayer of the name of Bell, had been dis- patched to arrest the culprit and bring him to trial. While the gentlemen were making their customary morning visit to the justice, a noise was heard in the entry, and a knock at the door. Come in, cried the old gentleman, rising and and walking toward the door.

Bell-Ilere sir, I have brought Fry to you, as you ordered.

Justice-Fry, you great rascal! What for you kill M. Rolette's calf?

Fry-I did not kill M. Rolett's calf.

Justice-(shaking his fist) You lie, you great rascal! Bell, take him to jail. Come, gentle- men, come, let us take a little quelque-chose."

Col. Boilvin was a native of Canada. Upon the erection of Crawford county, he was commis- sioned anew by Gov. Cass, holding the office of justice of the peace after the country became a part of Michigan territory. Ile died near St. Louis and was buried at that place. Ile was fully sixty years of age. He was of common height; rather stocky, stooped and bow legged. Ile left a son of the same name, who went to California and died there.

Of Col. Boilvin, James HI. Lockwood says:

"Mr. Campbell, of whom I have previously made mention as Indian agent and justice of the peace, had passed to his long home before I eame to the country [in 1816], and I found a Canadian of French extraction by the name of Nicholas Boilvin elothed with the dignified office of sub-agent and justice of the peace. * *

* His law library consisted of a single vohune of the old statutes of the Northwestern territory, one of Illinois, and one of Missouri territory; but in deciding cases, he paid no at-

362

HISTORY OF CRAWFORD COUNTY.

tention to the statutes, but decided according to his own ideas of right and wrong."

COUNTY COURT.

In another chapter it has been stated that the county court, upon the organization of the county, consisted of chief justice, John W. Johnson, associate justices, Francis Bouthel- lier and Walford Owens, whose successor, in 1821, was Joseph Rollette. The justices of the peace appointed at the same time were James H. Lockwood, Nicholas Boilvin and John W. John- son. In connection with the judiciary of the county, nothing further can be given coneern- ing justices of the peace and trials before them at an early day, except to narrate the following from the pen of James H. Lockwood:

A MODEL JUSTICE.

"When the 5th regiment of the United States Infantry came into the country in 1819, and established their headquarters at the mouth of the St. Peters river, they brought with them a man by the name of John Marsh, a graduate of some eastern college, as teacher of the post- school at headquarters. He appeared to have a great fondness for the Sioux Indians, and was endowed with the faculty of acquiring languages with great facility. He soon learned the Sioux language so that he spoke it with as great ease as they did themselves. Getting tired of teach- ing an army school, he came down to Prairie du Chien in 1826, and went over to Green Bay. He afterward met Gov. Cass, who was much in- terested in getting Indian information,-their traditions, anecdotes and tales; and he em- ployed Marsh by the month for that purpose and procured for him the appointment of sub- Indian agent at Prairie du Chien, and appointed him justice of the peace for Crawford county.

"Some of his decisions were ahnost equal to those of Judge Reaume of Green Bay. He was in the practice of taking notes for collection, and issuing process on them. Some person sent him a note to collect from Green Bay against Benjamin Roy. Now there were two men in the country of that name, one resided at the Por-

tage of Wisconsin, and the other was in the employ of the American Fur Company at Prai- rie du Chien. Neither of them could write his name. The note was signed with a mark, and witnessed by a man who wrote his name, and the witness had gone into the Black river country to winter. Marsh believing that the Roy that was here was the man, issued pro- cess and had him brought before him, but he denied any knowledge of the note; but Marsh, satisfied that he was the person who gave it, rendered judgment against him for the amount, and said he would examine the witness when he came down in the spring. Hercules L. Dousman hearing of this decision, went to Marsh and told him that if he proceeded any farther in the in the case, he would report him to Gov. Cass. That ended the proceeding."

EARLY TRIALS BEFORE JUSTICES OF THE PEACE.

As to some early trials before justices, Mr. Lockwood says:

"Of all the foreigners that came to this conn- try, the Canadians of French extraction seemed to have the least idea of the privileges of Amer- ican citizenship. It appeared almost impossible to instil into their minds anything of the inde- pendence of self-government, and this was not confined entirely to the uneducated, but would apply more or less to the partially educated classes. They do not consider it a privilege to vote for the officers who are to govern them; and consider it only desirable to use the elective franchise in order to gratify some friend who has asked them to vote for himself or his candi- date; and when so requested, they are too poli e to refuse, unless a previous promise had be n made to some other.

"In the spring of the year 1824, a delegate to Congress was to be elected for Michigan; and Michigan, like all other portions of the Union, had several patriotic men who desired to sacri- fice themselves to the service of their country. Among the numerous candidates, Mr. [Joseph] Rolette and I each selected one for our support, and solicited the votes of the Canadians for our

363

HISTORY OF CRAWFORD COUNTY.

respective candidates. Among the voters was a respectable and industrious farmer living in the lower end of Prairie du Chien, by the name Barrette, whose vote had been solicited both by Mr. Rolette and myself; but Barrette being en- gaged in getting in his spring crop of grain, and thinking if he went to the election he would of- fend one or the other of us, which he wished to avoid, concluded it would be wisest to remain at home, and work on his farm. Mr. Rolette's idea of the elective franchise was such, that he be- lieved that every man was bound to vote, and, moreover, that he should do it precisely in accor- dance with the leader's wishes, without exercis- ing any judgment whatever of his own. Mr. Rolette being a Canadian by birth, of French extraction, and although an educated man, con- sidered himself insulted by Barrette's not coming to the election and voting for his candidate, and declared that he would be revenged on him.

" There was a law at that time in Michigan preventing stud horses from running at large when over eighteen months of age, under a pen- alty of ten dollars for each offence, if wil- lingly or willfully at large. At this time the water was high in the Mississippi, and the old village of Prairie du Chien was an island. One morning shortly after the election, Mr. Rolette with his men brought me two horses of the aforesaid description, and hitched them before my door. I was then a justice of the peace. Rolette entered my house under considerable apparent excitement, saying, he had brought me two horses that were running at large contrary to law. I answered him, that I did not want the horses, nor was I going to take charge of them. Mr. Rolette then asked, as they were at large contrary to law, what was to be done? I answered, that I would have nothing to do with the horses, and should not take charge of them; but if he wished to make a complaint against their owners, I was bound to take notice of it.

pique to gratify in his case. Process was ac- cordingly issued against Barrette, and soon re- turned served. On the day of trial, a man by the name of Perkins, heretofore spoken of, see- ing that the suit was brought by an apparently wealthy man to oppress a poor one, volunteered his services to assist in defending him, and on calling the case the defendant demanded a jury. The Legislature of Michigan had some two or three years before this reduced the jury before a justice of the peace to six, and the year pre- ceding this trial, they had repealed that law, without any saving clause.

"Under these circumstances, I decided that the repeal of the law, revived the old one of twelve jurors, and accordingly had a jury of that number summoned and sworn. It so hap- pened that there were some Americans on the jury, and as the trial proceeded, the defendant admitted that his horse was at large, but not willingly or wilfully, and proved that his horse was old, and had been worked down very poor in the spring, and that when he was through with his work and wished to turn him out on the prairie, to save himself from the penalty of the law, he had taken him to be castrated to the only man on the prairie that pretended to perform such operations. But he declined do- ing so, saying that the horse was too poor and weak to live through it, and that he had better turn him out on the prairie to rest and recruit a few days, as he could do no harm. Under this testimony, the jury brought in a verdict for defend int, stating that Barrette's horse was neither willfully or willingly at large, con- trary to law.

" After this Barrette, by advice of his friend, brought suit against Mr. Rolette, before N. Boilvin, Esq., another justice of the peace, for trespass, and swimming his horse across the slough of St. Ferule, and had another jury, who gave Barrette five dollars damages and costs, which mortified Mr. Rolette very much. Ile did not care so much about the money, as he

"Mr. Rolette then concluded to make such complaint against Barrette, the owner of one of the horses, and let the other off, as he had no i did about attempting to punish a Canadian

364

HISTORY OF CRAWFORD COUNTY.

farmer for disobeying his wishes, and to have that farmer beat him."

A LAWYER "SQUASHED."

The magistrates of Prairie du Chien gained for themselves a merited reputation for energy in the administration of the laws. They fined a man of ninety for indecency; scourged a sol- . dier at the public whipping post, and looked with wonderful complacency upon the ejection of an Indian from a wheat field, in which he had been trespassing. There was a jail in the place calculated to keep delinquents, just so long as they wished to remain and no longer. Report has it, that the jailor was accustomed to bolt the door with a boiled carrot. In truth, up to this time law had exercised but little sway in the place. The traders made and executed laws to suit their own convenience and but little regard was had to justice.

The magistrates who held court in the place were for the most part illiterate men, and knew little abont law or mode of proceedure in legal matters. They decided all matters according to their own notions of right and wrong, and often- times justice became comedy in their hands. The following is an illustration of their mode of dispensing justice: A case was being tried before one of these magistrates, on which a jury had been empaneled, and lawyers employed. During the trial one of the lawyers made an ob- jection to the character of the evidence offered by a witness. He informed the judge that it was not legal. His honor overruled the objec- tion, and the case proceeded. The lawyer ob- jected again, and was again silenced. A third time he objected, and, endeavoring to convince the obdurate judge that he was proceeding con- trary to all law, when the foreman of the jury sprang to his feet, and thundered out, that he had taken his oath as a juror to decide the case according to the evidence; he wanted to hear the whole thing, and if that fool of a lawyer was going to keep on in that style, he would leave the court. It is needless to say that the lawyer was effectually "squashed."

FIRST TERM OF THE COUNTY COURT.

Although the chief justice and the two associ- ate justices were appointed in 1818, no record of their proceedings has been preserved anterior to 1823, when, in May, the "county court of Crawford county met in session." The record for this term is as follows:

May 12, 1823, Prairie du Chien, county court of Crawford county met in session; J. L. Findly, C. C. C. C.

The oath of the grand jury: The grand jury do solemny swear that you will dilligently and true presentment make in behalf of the United States of America, of all complaints made to you, and of all unlawful acts that should come to your knowledge, that shall be required of you according to law, without fear, fraud or par- tiality. So help you God.

The grand jury being sworn, retired, and brought in the following report: "No bill made." J. L. FINDLY, C. C. C. C.

The court adjourns until 10 o'clock to-mor- row. J. L. FINDLY, C. C. C. C.

The court met agreeable to adjournment, and proceeded to business.

Nicholas Perrine VS. This process is a writ of Attachment.

Hardin Perkins.

Names of the jurors: Sandy Simpran, Fran- cis Vertifeulle, Joseph Rivard, Oliver Cher- riere, Michael Brisbois, Edward Persan, Joseph Brisbois, John Dis Pouse, Alexis Bailey, Fred- erick Barnard, James Reed, A Range.

The complainant plead a non suit. The judges decided that the writ of attachment was illegal, and that complainant was non-suited, with all costs. J. L. FINDLY, C. C. C. C.

Ordered, that John Brunet and John Dispouse are licensed as tavern keepers in the borough of Prairie du Chien for one year.

J. L. FINDLY, C. C. C. C.

Ordered, that James Reed be licensed as a. tavern keeper in the borough of Prairie du Chien for one year. By order of the court.

J. L. FINDLY, C. C. C. C.

365

HISTORY OF CRAWFORD COUNTY.

The court decree that the proceedings of James HI. Lockwood, Esq., are legal and proper and are to be filed in the clerk's office. By order of the court.

J. L. FINDLY, C. C. C. C.

Ordered, that this court have designated the limits of the jail to be one mile square.

J. L. FINDLY, C. C. C. C.

Ordered, that the court be adjourned until the next term in course.

J. L. FINDLY, C. C. C. C. A CHANGE.

No change was made in the county court from the time of the first appointment of the justices, until July 31, 1830, on which day Joseph Rolette was commissioned chief justice in place of John W. Johnson, and Jean Brunet, associate justice instead of Francois Bouthellier, both Johnson and Bouthellier having removed from the county. And this was then all the more a necessity, as the court, having previously been shorn of its powers, as will hereafter be more fully explained, was, by an act of the Leg- islative Council of the territory of Michigan, approved July 31, 1830, fully restored to its just powers, as originally possessed. On the 14th day of May, 1831, Joseph M. Street was appointed to succeed Joseph Roletto as chief justice, and James II. Lockwood was appointed an associate justice.

No other changes were made in the county co rt until September 6, 1834, when Hercules L. Dousman was appointed associate justice, in place of Jean Brunet. The court remained un- changed from this time until abrogated by the district court upon the organization of Wiscon- sin territory, according to the provisions of the organic law, as set forth in

"SEc. 15. And be it further enacted, That all suits, process, and proceedings, and all indiet- ments and informations which shall be unde- termined on the third day of July next in the courts held by the additional judge for the Michigan territory, in the counties of Brown and lowa; and all suits, process, and proceed-

ings, and all indictments and informations, which shall be undetermined on the said third day of July, in the county courts of the several counties of Crawford, Brown, Iowa, Dubuque. Milwaukee and DesMoines, shall be transferred to be heard, tried, prosecuted, and determined in the district courts hereby established, which may include the said counties."

OF THE JUSTICES OF THE COUNTY COURT.

That justice was administered without much regard to the forms of law, at an early day, in Crawford county, is not to be charged against the justices of the county court as a dereliction of duty on their part. They were all men of the pioneer stamp and their honesty can not be im- pugned. John Il. Fonda says:

"I remember that soon after I came to Prairie du Chien, Joseph Rolette was chief justice I forget who his associates were, and it was rich to watch the proceedings and decisions of the court. Joseph M. Street, II. L. Donsman, M. Brisbois and James H. Lockwood were after- wards appointed to the offices of chief justice and associate judges, and a decided improvement was introduced in the manner of conducting the conrt. Severally, the associates had the powers of a justice of the peace; they could marry per- sons, issue warrants for arrest, etc., but it was only collectively that they had original juris- diction in civil and criminal matters."

That those who come after them should de- sire to learn something of these men is a matter of no wonder. The first who held the responsi- ble position of chief justice was, as already stated, John W. Johnson.

The nativity of Mr. Johnson is unknown, but is believed to have been American, as he came from Maryland to the "prairie." llis ad- vent here was as United States factor in June, 1816. Ile continued in that position so long as he remained here-a period of sixteen years. Hle filled the office of chief justice of the county court from the spring of 1819, when that court was first organized, until succeeded by Joseph

366

HISTORY OF CRAWFORD COUNTY.

M. Street, in 1830. In 1832, lie was relieved of his duties as faetor, by the winding up of the factor system of Indian trade, when he removed to St. Louis, where he died some years after.

Mr. Johnson was a man of good sense and judg- ment, but had from quite a young man held the appointment of United States factor and resided in the Indian country, where he could obtain but little knowledge of the proceeding of courts or the ordinary transactions of eivilized life.

Joseph M. Street emigrated from Rieh- mond, Va., in the winter of 1805-6, to Frank- fort, Ky., where he soon engaged in the pub- lication of The Western World, and for sev- eral years took a conspicuous part in the gla liatorial field of Kentucky politics. Ap- pointed in 1828, to the ageney of the Winne- bagoes, at Prairie du Chien, he remained there for a number of years. He died on the Des Moines river, Iowa, while agent for the Saes and Foxes, May 5, 1840, at about the age of sixty years.

Of Francois Bonthellier but little is known. Ile was in what is now Crawford county, at an early day, and was agent of the Southwest Fur Company. On the 27th of May, 1816, he leased to John W. Johnson, United States factor, the buildings of that company, which were after- ward attempted to be confiscated to the general government, but without success. Let No. 16, in the main village of Prairie des Chiens was claimed by him in 1820, and the claim allowed by the agent of the United States, Isaac Lee. The testimony taken to substantiate his claim was in substance as follows :

"Michael Brisbois and Dennis Curtois, being duly sworn, depose and say that the above de- scribed tract of land [village lot No. 16] was occupied in the year one thousand seven hun- dred and ninety-two, by Michael La Bothe ; that, after his death, Francois Bouthellier pur- chased said lot at auction, and that the oceu- pation of said lot has been kept up by the said

Michael La Bothe and Francois Boutheiller, from the year one thousand seven hundred and ninety-two, to the present time."

After leaving Crawford county, Judge Bouth- ellier moved to Galena, near which place he died in 1833.

Wilfred Owens ended his days in 1821, by cutting his throat, in a fit of mental derangement. The following notice of his death appeared in the Detroit Gazette, Oct. 5, 1821: "Died, at Prairie du Chien, on the 23d of August last, Mr. Wilfred Owens, merchant. He committed suicide by eutting an artery of his arm and of his throat, in the presence of two of his friends, and was supposed to be insane. Mr. Owens was judge of probate and associate justice in the county of Crawford, and a very respectable member of society."

Mr. Owens was a Kentuckian, and was sent to Prairie du Chien by Alexander McNair, of St. Louis, as his clerk in the sutler business, giv- ing him an interest in the profits.

Joseph Rolette assistant and afterward, for a short time, chief justice of the county court of Crawford county, was a native of Canada where he was born about the year 1787. He was, while young, an auctioneer's clerk, and was remarkably expert in eatching and an- nouneing the rapid bids made for goods offered at public sale. He appears to have located at "Prairie des Chiens" in 1804. He early be- eame a prominent and enterprising trader. Like other Canadian traders, he sided with the Brit- ish during the war of 1812-15, and was active in the capture of Mackinaw from the Ameri- eans in 1812.

Up to thirty years of age, Rolette us d ne liquor or wine-an unusual thing for a trader. He died at Prairie du Chien, in 1841, over the age of sixty. His perception was quick, and he had a wonderful power in calculating fig- ures. Though not daring in his character, he would fight when it seemed to be necessary.

367

HISTORY OF CRAWFORD COUNTY.

Once, in crossing the Mississippi at Prairie du Chien, at a dangerous time, when the ice ran heavily, the late H. L. Dousman was one of the party with him. Rolette got so alarmed for his safety, that he solemnly promised that, if spared, he would devote $1,000 towards the erection of a Catholic church on the prairie. After no little hard work, the icy obstacles were overeome and they approached the shore in safety. On landing, while one foot was yet in the boat, Rolette exclaimed: "Collect it if you can; you haven't got my note for it!" Dous. man so badgered him that he subsequently paid the amount for the object promised.

Of the subject of this sketch, James H Lock- wood, in his published narrative, says:

"Joseph Rolette was a Canadian by birth, of French extraction, and an educated man. He told me he was educated for the Roman Catho- lie Church, but not liking the profession, he quit it and served a regular apprenticeship to mercantile business, and, about the year 1804, came to Prairie du Chien in business connection with Mr. Cameron, an old Indian trader, who usually resided at Lac-qui-Parle on the St. Peter's river. Mr. Rolette superintended the business at the prairie, and kept the books of the concern, wintering occasionally at, and in the vicinity of, Lake Pepin, and returning to Prairie du Chien early in the spring, to take advantage of the spring trade of the Indians visiting here. Mr. Rolette was an active mer- chant and trader, and I suppose would be called a elever merchant; that is, he was active in tak- ing every advantage of his neighbor for making money, without regard to the morality of the transaction. Although he was active in busi- ness, and used every exertion to make money, it was not with the miserly disposition of hoard- ing it, for he was equally liberal in scattering it. Among many bad qualities as a citizen, Mr. Rolette yet possessed many redeeming traits. He was hospitable and generous, and liberal to the poor, and where a man had met with loss by accident, he was generally one of !

the first to afford relief; and, for an Indian trader, he had considerable enterprise for the prosperity and improvement of the country. I believe that he introduced the first swine into the country, but am not sure that such is the fact; I know that he introduced the first sheep, and that he was much imposed on in the purchase. lle bargained with an American below this on the Mississippi, to deliver him a certain num- ber of ewes on the prairie. __ The man brought the number of sheep, and told him they were according to contract, and Mr. Rolette, know- ing very little about sheep, counted them and directed his man to take them to his farm, and paid for them agreeably to contract,and after a while some one examined them, and found that instead of ewes they were nearly all wethers.

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.

History of Crawford and Richland counties, Wisconsin, Part 52

Author: Butterfield, Consul Willshire, 1824-1899. [from old catalog]; Union publishing company, Springfield, Ill., pub. [from old catalog] Publication date: 1884 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1298

Author: Butterfield, Consul Willshire, 1824-1899. [from old catalog]; Union publishing company, Springfield, Ill., pub. [from old catalog]
Publication date: 1884
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1298