USA > Wisconsin > Eau Claire County > History of Eau Claire county, Wisconsin, past and present; including an account of the cities, towns and villages of the county > Part 25
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He was mustered out with the regiment of January 6, 1899, and on the re-organization of the regiment he was commissioned Major, with rank from June 11, 1899, and commanded the Second Battalion from that date until his retirement, April 22, 1908.
He was always ready and always willing to do promptly and do well every task assigned to him. His cheerful disposition was contagious, and made many a march and bivouac more endurable.
A faithful friend, patriotic soldier, efficient officer, and brave man; to this, we, his comrades, bear testimony at the hour of his retirement. May his future path be a pleasant one.
By order of Colonel Holway. Marshall Cousins.
Captain Third Infantry, Adjutant.
Major Ballard was born February 18, 1853, at Gardiner, Me. His father was Augustus Ballard, a prominent and successful shipbuilder on the Kennebec river. For seven years he resided in Worcester, Mass., following his profession, that of druggist, and then removed to Chicago. November 19, 1883, he came to Eau Claire, buying a drug store from E. H. Playter. He was married April 25, 1883, to Miss Emily A. Browne, of Boston, who survived him and still resides in Eau Claire.
This sketch would not be complete without a reference to the Regimental and Battalion Commanders. Colonel Martin T. Moore commanded the regiment. He was born at Wauwatosa, Wis., August 9, 1847, and when scarcely fifteen years of age enlisted in E Company, 24th Infantry, Wisconsin Volunteers, August 5, 1862. On account of wounds received May 18, 1864, he was, in August of that year, assigned to duty with the Fifth United States Veteran Corps of Infantry. He was discharged as a Ser- geant June 5, 1865. Colonel Moore's service in the National Guard of Wisconsin began August 14, 1878, as First Lieutenant of the La Crosse Light Guards. He became Captain August 22, 1879. Aided in the organization of the Third Battalion, W. N. G., of which he was the first and only Lieutenant Colonel, from or- ganization, May 19, 1881, until disbandment early in 1883. On the organization of the Third Infantry he was commissioned its
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first Colonel, June 11, 1883, and remained sneh until mustered out of service, January 14, 1899. Colonel Moore died in La Crosse March 24, 1903.
The First Battalion, composed of Companies E of Eau Claire, H of Menomonie, C of Hudson and I of Superior, was commanded by another veteran of the Civil War, Major Thomas Jefferson George, who was born in Ohio, November 18, 1842, first enlisted May 8, 1861, and was discharged on account of sickness, by order of General Benjamin F. Butler, April 11, 1862. Ile served as First Lieutenant Wisconsin State Militia during the Indian dis- turbances, September, 1862, and was in the United States poliee serviee from 1863 to 1865. From January 11, 1877, to June 11, 1883, he was Captain of the Guard Company of Menomonie. On the latter date he was commissioned Major in the Third Infantry and remained as such until the final muster out of the regiment, January 14, 1899. Major George is living at Menomonie in good health and respected and loved by all. For Major George offieers and men of Wiseonsin National Guard entertain a warm and kindly sentiment.
Another officer, while not a member of the regiment, richly deserves mention in this sketch. Captain William A. Bethel, of the army, was Assistant Adjutant General on the staff of the brigade commander. He performed the trying duties of his posi- tion with intelligenee, energy and tact and a mutual feeling of admiration soon sprang up between him and the Third Infantry. Officers and men alike felt free to go to Captain Bethel for infor- mation and instruction. Following the war he was transferred to the Judge Advocate General's Department and served a detail as instructor in military law at West Point. He now holds .the rank of Lieutenant Colonel.
THE HOME PEOPLE.
The good people at home, through the reports sent out by sensational newspaper correspondents, formed the idea the regi- ments in Porto Rico were suffering from neglect. On September 14 a mass meeting was held, of which D. A. Cameron was chair- man and James T. Joyce secretary. Addresses were made by Hon. William Il. Frawley, Mayor S. S. Kepler, Richard F. Wilson, A. A. Cutter and others, and committees appointed. At a second meeting, held on September 15, it was agreed to send Robert K. Boyd to Porto Rico with funds. On September 19 Mr. Boyd, accompanied by General Griffin, left Ean Claire for Washington.
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The War Department furnished him with transportation, passes and letters, and he sailed from New York on the Steamer Chester, October 2. He landed at Ponce and reached the regiment on October 7, at Coamo ou their return march. Owing to the high water, he was compelled to swim several rivers.
Mr. Boyd was accorded a royal reception by E Company. IIe found conditions on the island very much improved. The men had become acclimated. He remained with the regiment and accompanied it home, sending in the meantime reports which allayed the anxiety of the friends at home.
"HAPPY JACK." By an E Company Man.
Will the publishers of the Eau Claire County History give one of the men of the Puerto Rican expedition a little space to make mention of Happy Jack? He was the horse ridden by Adjutant Cousins during the Spanish-American War and for years after the war. Jack was a Kentucky thoroughbred, born in the state of fine horses and beautiful women, but as a young colt was sent to a Georgia plantation, about forty miles from Chickamauga Park. It was at Chickamauga Park he was pur- chased by the Eau Claire officer on May 25, 1898. The planter from whom he was bought frankly stated he did not think the horse suited for military purposes as he was a plantation saddler and had never been in the city or been among large bodies of men. Jack was accepted, however, and in a few days had estab- lished friendly terms with matters military and with officers and men. He quickly learned bugle calls and seemed to recognize the uniform. He was a particularly handsome, well-bred animal, and could take the single foot gait at considerably better than a three-minute gait. He was as intelligent as he was handsome. He received a painful wound while on the island, which was dressed and attended to by Captain E. H. Grannis, one of our regimental surgeons.
Jack came home with the regiment and lived in Eau Claire until February 10, 1912, when he passed quietly away. From 1899 on he annually attended the regimental encampments at Camp Douglas, and hundreds of men will recall his attitude as he would stand before the regiment at evening parade while his master, Captain Cousins, Regimental Adjutant, published the orders.
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Jack, although spirited and lively, was never vicious except- ing when colored people were about. For the negro race he seemed to have a particular aversion and would not hesitate to use his hoofs or teeth to impress upon them his dislike. Jack rendered his country good and faithful service, and was a kind, affectionate and agreeable friend and comrade.
CHAPTER XVI.
COURTS AND LEGAL PROFESSION.
The Constitution of 1848 divided the state of Wisconsin into five judicial circuits. Chippewa county, which then embraced territory extending from La Pointe county on the north to Craw- ford county on the south, except what was embraced in St. Croix county, was attached to Crawford county for judicial purposes. In 1850 the sixth circuit was formed in part out of territory in Chippewa county, and in 1854 the remainder of Chippewa county was divided to form in part the eighth circuit. As late as 1857, this circuit included the counties of Eau Claire, Chip- pewa, Dunn, St. Croix, La Pointe and Douglas.
Its first judge was S. S. N. Fuller, whose term extended from January, 1855, to 1860. He was truly a pioneer judge, but a very indifferent lawyer.
In the spring of 1859, L. P. Weatherby, a Hudson lawyer, was elected to succeed Judge Fuller, who early in the fall re- signed. Governor Randall appointed the late Judge Barron to fill Judge Fuller's unexpired term.
Judge Barron was not a noted lawyer, and three months was not a sufficient time in which to achieve a judicial record. It is but simple justice, however, to his memory to observe that he was a most striking illustration of what is not unusual, that a very ordinary lawyer may make an excellent judge. Judge Barron was subsequently judge of the Eleventh circuit.
Judge Weatherby came to the bench in January, 1860, as a code lawyer, which his immediate predecessor was not. This was a great advantage to most of the members of the bar then in Northwestern Wisconsin, as the code practice had then heen but recently adopted by the state, and the practice was new to them.
The guerrilla and skirmishing practice, tolerated in Judge Fuller's court, was allowed no quarter in his successor's, the effect of which was, during his term, to make a number of repu- table lawyers in this circuit. Judge Weatherby was an able lawyer and fortunately possessed an admirable judicial tempera- ment.
In 1864 the eleventh circuit was formed, which detached from
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the eighth the counties of Ashland, Burnet, Dallas, Polk and La Pointe. In 1865 Dallas county, name since changed to Barron, was attached to the eighth. In 1876 Chippewa county and Barron county were detached from it and attached to the elev- enth. H. L. Humphrey, of IIudson, was the immediate successor of Judge Weatherby, and proved a very successful and popular judge, till his political friends demanded his retirement to be- come a member of Congress. He was succeeded in 1878 by E. B. Bundy, of Menomonie, who was successfully re-elected until 1896, when he was defeated by Eugene Helms. However, at this date the county of Eau Claire had been detached from the eighth circuit, but his long term of service attests his fitness and integ- rity as a judge.
In 1876 the thirteenth circuit was formed from the counties of Buffalo and Trempealeau from the sixth and Eau Claire county from the eighth.
A. W. Newman, of Trempealeau, became its judge in 1877, but in 1878 the counties of Buffalo and Eau Claire were de- tached from the thirteenth circuit and attached to the eighth, and Judge Newman was left judge of the thirteenth with the counties of Clark, Monroe, Jackson, LaCrosse and Vernon added thereto by the act of 1878. He remained judge of the thir- teenth till, through his famous decision in the state interest cases and the popularity which he achieved thereby, he was elevated to the bench of the Supreme Court in 1894.
The restiveness of the Eau Claire bar under the fact that it had not a resident judge, and some dissatisfaction among a part of its leading members, led to the formation of the seventeenth circuit in 1891, composed of the counties of Eau Claire, Jackson and Clark.
Although the circuit was strongly Republican, local influences were so favorable to Judge Bailey that he defeated James O'Neill, of Clark county, and came to the bench in 1892. During his incumbency he brought much judicial learning to the discharge of his official duties, but enjoyed the writing of law works, to which he has since given much time.
Judge Bailey was succeeded by James O'Neill, who was elected, and assumed the duties of office in January, 1898. The present incumbent, Judge James Wickham, was elected in 1909, when the district was changed from the seventeenth to the nine- teenth circuit, which is now composed of the counties of Eau Claire, Chippewa, Rusk and Sawyer.
The first trial upon an indictment for a capital offense which
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had ever occurred in Eau Claire county, was that of Charles Naither for the murder of Andrew Seitz on the evening of April 30, 1858. The two men, Germans, lived together, and Seitz up- braided Naither for neglecting to wash the dishes after eating supper. An altercation ensued and he was thrown downstairs. He went and purchased a knife and returned to the rooms Seitz and he occupied over the office of the receiver of public money, on Eau Claire street. After a war of words had ensued, and Naither was again ejected from the room, the parties clinched over the threshold of the door and in an instant Naither plunged his knife into the abdomen of Seitz. He died from the wound on May 11 following. The trial took place at the June term of the circuit court. The accused was unable to employ counsel, and Mr. Alexander Meggett was assigned to that duty. Judge S. S. N. Fuller presided. District Attorney Bartlett and Mr. George Mulks conducted the prosecution. The jury were un- able to agree upon a verdict and were discharged. On a second trial the prisoner was found guilty of manslaughter in the third degree and sentenced to four years and twenty days' imprison- ment in the penitentiary with hard labor. Two years afterward Gov. Alex W. Randall pardoned him out.
The second murder occurred in September, 1864. A man by the name of Sloan, a resident of the town of Seynour, in Eau Claire county, got into an altercation with John Stoepler. In a fit of passion, he picked up a maple stick and struck Sloan over the head with it, fracturing his skull. The result was death. Stoepler was immediately arrested and indicted. He was held for trial on April 6, 1865. The district attorney, W. P. Bartlett, conducted the prosecution, assisted by Alexander Meg- gett. The accused was ably defended by Horace W. Barnes and N. B. Boyden, but the evidence against him was conclusive, and he was found guilty of murder in the third degree and sentenced to three years and a half and one day's solitary con- finement in the state prison, but he was recommended by many influential citizens to executive clemency, and two years of his term were remitted.
S. S. N. Fuller was born at Montrose, Susquehanna county, Pennsylvania. He came to Wisconsin and resided for a time at Fond du Lac, where his name is enrolled as an attorney under date of February 3, 1851. His stay there was brief. After his removal to Hudson, St. Croix county, he was elected county judge and later circuit judge. His service did not cover the
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full term for which he had been elected. Soon after resigning he removed to Kansas and died there in about 1876.
Lucien P. Wetherby, one of the early judges, was born at Eagle, Onondago county, New York, October 12, 1822. He was educated in the public schools and at an advanced academy at Baldensville; he studied law in the office of Angel & Grover in Allegany county, and was admitted to the bar in 1840. Was district attorney and surrogate of that county, in which he began practice of the law at Angelica. He came to Wisconsin in 1856, and located at Hudson, where he resided all his subsequent life. In 1860 he was elected judge of the Eighth cirenit aud served the full term. He died December 11, 1889.
Judge Wetherby was a lawyer both by instinct and educa- tion. He was a conspicuous figure at the bar and on the bench. Ile was thoroughly informed in the fundamental principles of law, and well versed in the statutes. His comprehension of legal propositions, the accuracy of his discrimination and his ability to apply principles to stated eases were remarkable. He gave dignity to his profession by his ability, knowledge and fairness. He despised the tricks of the pettifogger and pleaded for law and justice.
Henry Danforth Barron was a native of New York, was born at Wilton, Saratoga county, April 10, 1833. After obtaining a common school education, he entered the law school at Ballston Spa, New York, and graduated therefrom. In 1851 he became a resident of Waukesha, Wis., and conducted a newspaper there for some time; the newspaper being known as the Waukesha Democrat until its name was changed to the "Chronotype." In 1853 Mr. Barron was postmaster at Waukesha. In 1857 he re- moved to Pepin, Pepin county, and practiced law there until 1860, when he became by appointment of Governor Randall, judge of the eighth circuit. His service in that capacity was brief, lasting only until the vacaney he was appointed to fill could be filled by an election. In a short time he removed to St. Croix Falls, Polk county. In 1862 he was unanimously elected a member of the assembly from the district comprising the counties of Ashland, Bayfield, Burnett, Douglas, Barron and Polk. He served as a member of the assembly in 1864, 1866, 1867, 1868, 1872 and 1873. In 1868 and 1872 he was chosen one of the presidential electors on the republican ticket; from 1863 till 1876 he was a regent of the State University. In March, 1869, President Grant nominated Judge Barron for chief justice of the territory of Dakota, which office he declined. In 1869,
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the President appointed him fifth auditor of the treasury, and he discharged the duties of that office till January 1, 1872, when he resigned to take a seat in the assembly. In May, 1871, he was appointed by Governor Fairchild Wisconsin's trustee of the Antietam Cemetery Association. In 1874-5-6 Mr. Barron was a member of the State Senate and president pro tem of that body in 1876. In the spring of that year he was elected judge of the eleventh circuit. His death occurred before the expira- tion of his term at St. Croix Falls, January 23, 1882.
Herman L. Humphrey was born at Candor, Tioga county, New York, March 14, 1830. His education, except one year spent in the Cortland academy, was limited to the public schools. At the age of sixteen he engaged as clerk in a store at Ithaca, New York, and so continued for several years; later he read law in that eity and was admitted to the bar in July, 1854. In January, 1855, he located at Hudson, Wis., and began the prac- tice of law. Soon after he was appointed district attorney to fill a vacancy; in 1860 he became judge of the county by ap- pointment, and in 1861 was elected to that office for a full term. He resigned in February, 1862. having been elected State Senator. In 1865 he was mayor of Hudson and iu April, 1866, was elected judge of the eighth cireuit, and re-elected in 1872. That office was resigned in March, 1877, when Judge Humphrey's term as a member of Congress began, he having been elected as the Re- publican candidate in November, 1876; he was twice re-elected, having served from 1877 to 1883. On completing his congres- sional service, Judge Humphrey resumed the practice of law at Hudson.
Egbert B. Bundy was born at Windsor, N. Y., February 8, 1833. He received his general education there at the academy, and his legal education in law offices at Windsor and Depoint, in his native state. He became a member of the bar at Cortland, N. Y., in January, 1856. On coming to Wisconsin he began his law practice at Dunnville, the then county seat of Dunn county, thereafter removing to Menomonie. He served as county judge, and April, 1877, was appointed judge of the eighth eirenit, then composed of the counties of Eau Claire, Dunn, Pepin, Pierce and St. Croix, to fill out the unexpired term of Judge Humphrey. In April, 1878, he was re-elected and at the expiration of the term was again re-elected.
As a lawyer, Judge Bundy was highly valued. Making no elaims to oratorical gifts, he was nevertheless forcible, impres- sive and strong as an advocate. Never "ingenious" in discuss-
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ing legal propositions to the court, he went straught to the core of the questions, and never burdened or blurred a brief with cases not in point. In the counsel room he was eminently frank, practical, able, safe. It was, however, on the beneh that Judge Bundy did the major part of his life work.
Alfred William Newman, an associate justice of the Supreme Court of Wisconsin, departed this life at the city of Madison, January 12, 1898, his death resulting from accidental injury received the day before. Justice Newman was born April 5, 1834, at Durham, Greene county, New York. He was of English descent, his ancestors being found among the early Puritan set- tlers of New England. He was born upon a farm and grew up as a farmer's boy, receiving such education as the neighborhood schools afforded, and subjected at home and at school to the striet discipline and religious instruction and observances re- quired by the Presbyterian church, of which both his parents were devout members.
When thirteen years of age he accompanied his father to Albany and was present in court when his father was exam- ined as a witness, and it is said that he then and there deter- mined to become a lawyer, and that thereafter all his efforts to obtain an education had that in view. When about eighteen years of age he entered an academy at Ithaea and after two terms there he entered the Delaware Literary Institute at Frank- lin, N. Y., where he also remained two terms. He then entered Hamilton College, at Clinton, N. Y., joining the elass of 1857, with which he was graduated, receiving the degree of A. B. While at college he diligently pursued extra law studies under Professor Theodore W. Dwight, and after graduation he eon- tinned the study of law in the office of John Olney, Esq., at Windham Center, in Greene county, until admitted to the bar at the general term of the Supreme Court at Albany, December 8, 1857.
In January, 1858, he started for the west. Stopping first at Alnapee, in Kewaunee county, he removed in Mareh, 1858, to Trempealeau county, which ever after remained his home until his removal to Madison in 1894.
He held the office of county judge of Trempealeau county from April, 1860, until January, 1867, when he assumed the office of district attorney, to which he had been eleeted in the fall of 1866. He was re-elected district attorney in 1868, 1872 and 1874, thus holding that position for eight years.
He was twiee eleeted to the State Legislature, serving as a
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member of the assembly in 1863 and senator from the thirty- second district in 1868 and 1869.
While he was holding the office of district attorney the leg- islature, in 1876, formed a new judicial cirenit-the thirteenth -consisting of the counties of Eau Claire, Buffalo and Trem- pealeau. In April of that year Mr. Newman was elected judge of this new circuit, and discharged the duties of that position until 1878. As a result of legislative action, he was transferred to and became judge of the sixth circuit. IIe was re-elected, without opposition, in 1882, 1888. The third term for which he was elected expired January 1, 1895.
In the spring of 1893, Hon. William Penn Lyon, chief justice of the Supreme Court, having expressed his intention not to be a candidate for re-election, Judge Newman was called out as a nonpartisan candidate and was elected to the position of associate justice. His services began at the opening of the January term, 1894. He had completed four years of his term and about beginning the fifth year with the opening of the Janu- ary term, 1898, on the day-January 11-when he met with an accident which terminated his life.
William F. Bailey served for six years as judge of the seven- teenth circuit. He enlisted at the beginning of the war in the Thirty-eighth New York Infantry, but in the early spring of 1862 became captain of Company K, Ninety-fifth New York Vol- unteers, serving with McDowell until after the battle of An- tietam. Some time after the close of the war-that is, in 1867- he came to Eau Claire, where he has served in a number of important positions.
During his term of service in the seventeenth, Judge Bailey sat in several important trials, most notable among which was that of the State vs. Elizabeth Russell. In this case the jury rendered a verdict of guilty, but judgment was arrested by direction of the Supreme Court.
The foregoing was not written by Mr. Bailey.
As the Russell trial is mentioned, he desires to correct a false impression pervading a considerable portion of the public, with respect to the outcome of that trial. At the suggestion of Mr. Frawley and the request of the county board, he appointed William Irwin, a celebrated criminal lawyer of St. Paul, to assist the district attorney in the prosecution of Mrs. Russell. A statute of Wisconsin provided and still provides that in crim- inal cases the trial court may obtain the opinion of the Supreme Court as to its duty in cases of doubt as to the law. It requires
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that the trial court submit questions to be answered by the Su- preme Court certifying the evidence relating thereto. During the trial it appeared from the testimony of the district attorney, that he had sought to entrap Mrs. Russell, then confined in the county jail, and to this end he sent Russ Whipple to the jail to represent to her that he was sent by Mr. James, her counsel, to obtain the facts within her knowledge; that Mr. James could not come in person; that he was going to Chicago on a late train that evening, and in order to assure her that he was sent by Mr. James, he was to tell her, and did tell her, to call up Mr. James by telephone. She called up Mr. James, but instead of Mr. James answering, Mr. Frawley was at the other end and answered, not disclosing he was not Mr. James, and advised her to tell everything to Mr. Whipple. The judge was in doubt as to the legal effect of the appointment of Mr. Irwin, he being a non-resident of the state and not a member of the Wisconsin bar, and also as to the conduct of the district attorney, and hence, in order to save further delay and the expense of a writ of error to the Supreme Court, he certified the following ques- tions in substance :
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