History of Crawford and Richland counties, Wisconsin, Part 54

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 54
USA > Wisconsin > Crawford County > History of Crawford and Richland counties, Wisconsin > Part 54

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).

In those early days, conrts were held in rooms lin log dwellings, log school houses, and barns,

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in an emergency, as was the case at the May term, 1826, at Prairie du Chien, when the site of the village was inundated by the Mississippi. "It would naturally be imagined that, under such circumstances [as the flood] court could not be held. But not so; a large barn, situated on dry ground, was fitted up for the occasion. The judge and the 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 another barn or stable." After Iowa county was created, and the county seat established at Mineral Point, the court was also held at that place, as well as at Green Bay and Prairie du Chien.

A SPECIAL SESSION OF THIE CIRCUIT COURT.

It was thought advisable to try the Indian prisoners confined for the murder of Gagnier and Lipcap at Prairie du Chien, in Judge Doty's court; so, in order to give him jurisdic- tion, and, at the same time not to bring his court in conflict with the county court of Craw- ford county, the following acts were passed: [I.]

An Act to restrict the jurisdiction of the county courts of the counties of Michillimacki- nac, Brown and Crawford.

Be it enacted by the Legislative Council of the Territory of Michigan, that from and after the first day of July next ensuing, it shall not be lawful for the county courts, in the counties of Michillimackinac, Brown and Crawford, to take or to hold, or entertain jurisdiction of the trial of any civil or criminal cause; nor shall it be lawful for the clerks thereof, as such, to issue any venire whatever, for any jury or juries, re- turnable at the said county courts, or either of them.

SEC. 2, That all its suits, indictments, recog- nizances, process, writs, appeals and all other matters and things whatsoever, relating to causes civil and criminal, pending in or return- able to the said county courts, are hereby trans- ferred and made returnable to the circuit court of the United States, to be held in each of the

said counties where the same are pending; and the cirenit court is hereby authorized and re- quired to hear, try, and determine all such suits, indictments, recognizances, process, writs, appeals and all other matters and things afore- said, according to law, and in like manner as the said county courts would have been re- quired to hear. try, and determine the same, if this act had not been passed.

Approved June 18, 1828.

According to the provisions of this act, Judge Doty convened his court on the 25th of Angust 1828. On the 1st day of September, Chick- hongsic, or the Little Boeuf, and Waniga, or the Sun, were indicted for murder, as accomplices of Red Bird in the killing of Gagnier and Lip- cap, in June of the preceding year, as related in a previous chapter. The two Indians (Win- nebagoes) just mentioned were convicted and sentenced to be hung on the 26th of December following; but, before that day, they were par- doned by the President of the United States. Two other Indians, charged with the murder of Methode and family, were at the same term discharged under a nolle prosequi. Afterward the jurisdiction of the county court was restored by the act which follows:

[IT.]

An Act to provide for holding a special ses- sion of the circuit court of the county of Craw- ford.

Be it enacted by the Legislative Council of the Territory of Michigan, That "the additional judge for the Michigan territory, in the counties of Michillimackinac, Brown and Crawford," be and he is hereby authorized to hold a special session of the circuit court for the county of Crawford, at such place in the borough of Prai- rie du Chien, as he may appoint, on Monday, the twenty-fifth day of August next, and so long a time thereafter as may be necessary for the trial of all such criminal cases as shall then and there be moved and prosecuted in the said court;and the clerk of said court shall issue venir-

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ies for fifteen grand, and twelve petit jurors to at- tend the said session.

SEC. 2. That the jurors aforesaid shall be free white males of this territory, above the age of twenty-one years, and shall have resided therein one year previous to the said twenty-fifth of August, and, no other qualifieation shall be re- quired by the court, of the said jurors; and if any juror is subpoenaed as a witness in any criminal case, to be prosecuted as aforesaid, or does not possess a full knowledge of the En glish language, he shall not be discharged for such cause alone.

SEC. 3. That no person, indicted for any crime at the said session, shall be allowed by the court to challenge peremptorily,and without cause, more than twelve jurors of the said panel, anything contained in any law to the contrary notwithstanding: Provided, That any defici- ency in said panel, from any cause whatever, shall not operate to prevent the court from caus- ing a sufficient number of jurors to complete the panel aforesaid, to be summoned from among the neighboring citizens.

Approved June 3, 1828.

An Act to restore the jurisdiction and powers of the county court of the county of Crawford.

Be it enueted by the Legislative Council of the Territory of Michigan. That it shall hereafter be lawful for the county court of the county of Crawford, to take and entertain jurisdiction of all causes, civil and criminal, that may arise in said county, and to direct the issuing of all necessary process for carrying the same into effect, in as ample a manner as was possessed by said court, previous to the passage of the act entitled "An Act to restrict the jurisdiction of the county courts of the counties of Michilli- mackinac, Brown and Crawford, approved June 18, one thousand eight hundred and twenty- eight, or as said court would have possessed, provided the act aforesaid had not been passed.

SEC. 2. That there shall be one term annu- ally of said court, to be held on the first Mon- day of November, in each and every year.

Approved July 31, 1830.

While Judge Irvin, the successor of Judge Doty, was holding his office, it was thought best to better provide for the publication of all legal notices in the counties of Brown, Iowa and Crawford; so the following aet was passed, applicable, however, to both circuit and county conrt:

An Act to provide for the publication of all legal notices in the counties of Brown, Iowa and Crawford.

SECTION. J. Be it enacted by the Legislative Council of the Territory of Michigan, that when notice of any application to any court or judi- cial officer in any of said counties of Brown, Iowa and Crawford, of any proceeding in any court, or before any judicial officers, in either of said counties, is required to be published in any newspaper, the said notice shall be pub- lished by posting one copy of it on the door of the house where the circuit court was last held, in the county in which said application is made or proceeding had; and the court or judge may order a further publication, if, in their disere- tion, the nature of the case shall require it, by inserting a copy thereof in a newspaper.

SEC. 2. The provisions of the foregoing section shall not effect any application made or proceeding had as aforesaid, previous to the 1st day of June next.

Approved Feb. 1, 1833.

The territorial circuit court, with David Irvin as judge, continued until the year 1836, when it was, along with the Crawford county court, abrogated by the organization of the ter- ritory of Wisconsin.

David Irvin was born in Albermarle Co., Va., in 1794, and was of blended Scotch and Irish par- ontage. His father was a Presbyterian minister and a teacher of the ancient languages of much local reputation. Young Irvin was educated for a lawyer and started in life in the Shenandoah valley. As he did not meet with much success there, he applied to his old school-mate, William

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C. Rives, who was at that time in high favor with President Jackson, to get him an office. Mr. Rives suggested a judgeship. The term of office of Judge Doty, as judge of the additional district for Michigan territory, having expired, (1832), that position was tendered Irvin and ac- cepted. Upon the organization of the territory of Wisconsin, he was appointed associate justice of the supreme court by President Jackson.

Being a bachelor, Judge Irvin's residence was not necessarily confined to any locality. IIc always preferred southern society ; and as soon as his last office was ended, he went to St. Louis, where he remained some length of time. Hle subsequently became a citizen of Texas and a wealthy man.

Though only thirty-six years old when he first came to what was afterward the territory of Wisconsin, Judge Irvin seems never to have been regarded by the people as one of their number. Ile was free from the vices which too often, in those days, injured or even ruined some of the most promising men in the west. Ile was generally regarded as a fair and up- right judge, of respectable ability. The pecu- liarities of his character, and his entire with- drawal many years ago from all connection with the State of Wisconsin, have led to numerous attempts, on the part of early settlers, to de- scribe him. "Judge Irvin," says one who knew him well, "was about six feet in height, very erect and well proportioned. His hair was auburn, eyes blue, features narrow. He was not a laborious judge, but was attentive to duty, honest and upright in every partienlar. Hle was candid, and without intrigue or deception. For integrity and moral principle, he enjoyed general confidence. He was fond of a horse and a dog; always esteeming his horse and dog the finest and best. Being a bachelor, these animals seemed to be the especial objects of his care and attention. He was fond of hunting, particularly for prairie chickens. Upon these excursions he would frequently take members of the bar with him. He was very economical,

but serupulously just in all his dealings. Ile indulged in acts of kindness to his relatives, but did not show much sympathy for others. While he treated all with urbanity and respect, he did not form particular attachments for strangers."

A description of Judge Irvin, by the late Judge C. M. Baker, of Walworth Co., Wis., is interesting:

"Ile [Judge Irvin] was a Virginia gentleman of the old school. Social, kind-hearted, aristo- eratic, as became a Virginian of the F. F's, he was a bachelor with his whims and peculiarities. Ile was a great lover of hunting, particularly of prairie hens, in the shooting of which he was an expert. On this he prided himself ; and no one must excel him, if he would keep in his good graces. He was 'also learned in the knowl- edge of horses and dogs, as well as in the law. His own horse, Pedro, and his dog, York, to whom he was much attached, and whose supe- rior blood often formed the theme of his con- versation, were as well known to the bar as the judge himself. They were necessary append- ages to the judge and the court It was said by the wags that, if one wanted to win his case before the judge. he must praise his dog and his horse. But of truth it can be said of him that he was a lover of justice, detested mean- ness, was well grounded in the principles of the law, and was possessed of very respectable per- ceptive and reasoning powers. He seldom con- sulted law books, with which the bar of those days was poorly supplied; but, on the whole, for the times, was a fair and respectable judge."

TERRITORIAL DISTRICT COURT.

The act of Congress which provided for the organization of Wisconsin territory, declared that the judicial power therein should be vested in a supreme court, district courts, probate courts and justices of the peace. Charles Dunn was commissioned chief justice and David Ir- vin and William C. Frazer, associate judges. The act of Congress before mentioned required that the territory of Wisconsin should be di-

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vided into the three judicial districts. The three judges of the supreme court were district judges. The counties of Crawford and Towa were constituted, by the territorial Legislature, the first district, to which was assigned Chief Justice Dunn. He also, upon the erection of Grant county, held court therein. Judge Dunn continued chief justice and judge of the first district until the territorial district court was abolished by the admission of Wisconsin as a State, in 1848, notwithstanding a strong effort was made to have him ousted from office by cer- tain citizens of the district, who circulated the following petition:

To his Excellency, James K. Polk, President of the United States:

state of things, might pass unheeded if Mr. Francis J. Dunn possessed talents to warrant such success. But with abilities not above me- diocrity, there is nothing to justify so great and Incrative a practice, over older and better law- yers, but the fact of his being the brother of the judge.

Your petitioners would also represent to your excellency, that the said Charles Dunn has, in violation of the laws of the territory, presided in suits at law wherein his brothers have either been plaintiffs or defendants, which the records of our courts will show. in numerous instances. We would particularly call the attention of your excellency to the case of Dunn es. Marsh, in the Crawford district court. The notorious Jef- fries, in the corrupt reign of Charles II, could not have been guilty of a more shameful prosti- tution of justice to subserve his master, than this act of Judge Dunn to put money in the pocket of his brother.

The undersigned, citizens of the first judicial district, composed of the counties of Crawford, Grant and Iowa, in the territory of Wisconsin, would most respectfully represent to your ex- celleney, that many persons in this judicial dis- triet, whose practice or business brings them in Your petitioners would further represent to your excellency, that the said Charles Dunn, acting as judge of the first judicial district, did, in the year 1841, on the complaint of one John Dowling, of Galena, in the State of Illinois, now deceased, grant an injunction against the Bank of Mineral Point, appointing his brother, Mr. John Dunn, and two others, his personal friends, receivers to close the affairs of said bank. It is a matter of some notoriety that one of the receivers, thus appointed, boasted that they would each make at least $10,000 out of the pickings of the bank. contact with our court, complain that Charles Dunn, chief justice of the territory, and presid- ing judge of our district, is in the constant habit of favoring the practice and clients of his brother, Mr. Francis J. Dunn, a practicing law- yer in said district, in all rules of court, pleas, motions and points of law, made by him, to the injury of those persons who may be so unfortu- nate as to have Mr. Dann retained against them. Your petitioners are aware that charges of this nature cannot be sustained otherwise than by circumstantial evidence. The circumstance, therefore, on which they would rely to convince About the time this injuction was granted, the cashier of the bank absconded. He was pur- sued and overtaken by Mr. John Dunn, one of the receivers, and Dr. William Davidson, who took from him acceptances and bills of exchange to the amount of $70,000 or $80,000. In a news- paper publication made about the time of the arrest of the cashier, to satisfy the public mind, the receivers state that the assets taken from the cashier and other ollicers of the bank, inde- your excellency of the truth of this charge, is, that the docket of the district court of the county of Iowa alone contains over 250 canses, set for trial at the last term of court, and the brother of Judge Dunn, a very young lawyer, is retained in fully one-half of these causes. Not- withstanding the lucrative and successful prac- tice of young Mr. Dunn in the circuit of his brother, the murmurs and complaints of the members of the bar and their clients, at this | pendent of the bonds, notes, banking house and

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other property of the bank, amounted to nearly $100,000 ! In the meantime, Dowling, the complainant against the bank, dies, and Mr. Francis J. Dunn obtains the administratorship of his estate in this territory, being at the same time agent and attorney for the receivers. Act- ing thus for the plaintiffs and defendants, he holds the keys of the front and back doors of the bank; and having at the same time associ- ated with him, in the practice of the law, Mr. D. Walter Jones, the president of the bank at the time of its failure, and having further cemented that partnership by the marriage of that person into the family, the door has been effectually elosed to all inquiry, and the affairs of the bank have been wrapped in mystery now for over four years.

During that time no expose of the condition of the Bank has been made, although frequent- ly required by public meetings and other- wise, and no dividend has been made, except a prviate one of about $3,000, which was divided among a very small number of bill-holders, at the rate of fifty cents on the dollar, to the ex- elusion of a large body of ereditors of the bank, who were not advised of the terms and condition on which that dividend would be made.

However, before this partial and private divi- dend was made there was a payment made out of the assets of the bank to Dr. Wil- liam Davidson, of Grant county, one of the persons who assisted in arresting the eashier, and who held the bills of the bank to a consid- erable amount. It is alleged that Dr. David- son obtained this payment by threats that he would make an expose of certain illegal acts of the receivers or their agent. Be that as it may, it is the opinion of legal men that the payment to Davidson, and the partial division shared by a few of the bill holders, is a violation of the condition of the bond given by the receivers, and that the creditors of the bank could recov- er from the receivers and their securities, if not the full amount of their claims, at least the

same rate of dividend which their agent had paid to others.

But to seek justice before the presiding judge of the district, when it is known that he did not emigrate to the territory with a character like Cæsar's wife, who is openly accused of pre- siding in cases wherein his brothers were parties, which is in direct violation of the laws, would be adding another act to the farce of jus- tice which has so frequently been enaeted in this district.

If the conduct of Judge Dunn, in any publie capacity in which he has acted through life, was such as to place him above the sus- picion of doing a dishonorable act, the mur- murs and complaints against him would not have the weight with us they otherwise possess.

But it is asserted that, he did, while a mem- ber of the Legislature of the State of Illinois, in the year 1839, receive from a certain Samuel Wiggins a fee or bribe of $200, to procure the passage of an aet through the legislature, known as the "Wiggin's Loan;" a more corrupt and swindling act never having been passed by any legislative body in the Union!

This rumor considered, your excelleney will not be surprised that the man against whom the broad charge is brought, true or false, that he sold himself as a legislator, may on slight grounds render himself obnoxious to the suspi- cion that he is corruptible as a judge ! But there are other and graver charges against Judge Dunn, which are not based on suspicion. The proofs to sustain them are tangible and can be produced before any competent tribunal.

These proofs must serve to convince your ex- cellency that, under any cirenmstanees, Charles Dunn, chief justice of this territory, is un- worthy and unfit to fill his present high and re- sponsible office. They are first-

"That while holding court in the county of Iowa, at the spring term of said court, in the year 1838, Judge Dunn was intoxicated during the whole term of court. That during the said term a certain MeCumber was indieted and tried

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for the murder of George C. Willard, a nephew of Gen. Dodge. The defendant, owing to the charge of the judge to the jury, was convicted of manslaughter, and received the sentence of the law, although from the testimony it was clearly a case of self-defense. These facts can be es- tablished by the testimony of W. W. Chapman, late United State's district attorney, Iowa terri- tory; John Catlin, Esq., Madison; Moses M. Strong, Esq., Iowa county; Thomas P. Burnett, Esq., Grant county; J. D. Selhorst late sheriff, Iowa county; I. T. Lathrop, late postmaster, Mineral Point; F. Gheon, late marshal Wis- consin territory, and Thomson Campbell, Esq., secretary of state, Springfield, Ill.

"SECOND .- That at the October term of the Grant circuit court, held at Lancaster in 1838, Edward C. Oliver was indicted for the murder of John Russell at Cassville In the trial of this case, after hearing the testimony, the jury retired and remained out all night, Having disagreed as to the testimony of John Allen, the principal witness for the prosecution, they came into court, and at their request this wit- ness was recalled. At his previous examination, Allen was intoxicated; on being recalled into court, he was still more so. During his re-ex- amination by the jury, the prisoner was not in court, nor had he been ordered in for that pur- pose! The testimony of Allen on his re-ex- amination, was stronger against the prisoner than it had previously been. The jury again retired, and immediately returned into court with a verdiet of guilty, against the prisoner. The counsel for Oliver then moved the court for a new trial. One of the grounds on which this motion was based, was that a witness for the prosecution had been recalled at the request of the jury, and was re-examined in court with- out the prisoner being present. This motion was overruled by the court, and sentence of death was pronounced on him! A bill of (Xceptions was then drawn up and tendered to the judge, who suffered the prisoner to be exe- euted with this bill of exceptions in his pocket!

During the whole term of this court the judge was intoxicated; after its adjournment he was attacked with delirium tremens, jumped ont of his chamber window, and was thereby disqualified from attending to his official duties in Crawford county, which court immediately succeeded that at Lancaster. The witnesses to this outrage on law and decency, are John S. Ilorner, Esq., register of the land office at Green Bay; llon. Thomas S. Wilson, judge of United States district court, Towa territory: Mortimer Bainbridge, Esq., Dubuque; John S. Fletcher, G. M. Price, J. Allen Barber, Nelson Dewey, Thomas P. Burnett and John II. Roun- tree, Esqs., Grant county.

"THIRD .- That at a previous term of the Grant circuit court, Judge Dunn was intoxicated dur- ing the term of the court, and was attacked with munia a potu. The witnesses are Dr. Wood, John S. Fletcher, Clovis Le Grand, Thomas P. Burnett, J. A. Barber, G. M. Price and Nelson Dewey, Grant county; W. W. Chapman, Parley Eaton and Moses M. Strong, Esqs., Hon. Judge Wilson and Joseph P. Hoge, member of Con- gress from Galena, Illinois.

"FOURTH .- That at a special chancery term appointed by Judge Dunn to be held at Mineral Point, in January, 1840, he was so much intoxi- cated as to disqualify him from holding the said term of court. The witnesses are Moses M. Strong, Parley Eaton and J. T. Lathrop, Esqs., and JJames Il. Gentry, late sheriff, and John Bracken, late under-sheriff of lowa county.

"FIFTH .- That while holding a court at Prai- rie du Chien, in Crawford county, for the trial of Che-ge-wai,-cum, a Chippewa Indian, indiet- ed for the murder of Mr. Akins, an Indian trader, Judge Dunn was intoxicated during the whole term of the court. The witnesses are, the llon. Judge Wilson, James Churchmaa, Esq., Galena, Ills .; Thomas P. Burnett, D. G. Fenton, clerk of the court, William Wilson, J. IT. Lockwood and Il. Dousman, Prairie du Chien.

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HISTORY OF CRAWFORD COUNTY.

"SIXTH .- That on the 23d of February, 1843, Judge Dunn having become intoxicated at a ball, spent the day in Platteville, playing cards in a grocery, with James R. Vineyard, indicted for the murder of C. C. P. Arndt, a member of the Legislative Council, whom he had recently had before him on a writ of habeas corpus, and released from the jail of Dane county, on bail. Witnesses: Alonzo Platt, William Davidson, Dr. Bevans, John Morrison, J. M. Gordhue and B. C. Eastman, of Grant county; and J. II. Gentry, of Iowa county.

"SEVENTII .- That at a late term of circuit court, for the county of Crawford, at Prairie du Chien, Judge Dann was again intoxicated dur- ing the term of the court. The witnesses are: Moses M. Strong, B. C. Eastman, Thomas P. Burnett and D. G. Fenton, Esqrs., and Ira Brunson, Esq., postmaster, Prairie du Chien."

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History of Crawford and Richland counties, Wisconsin, Part 54

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