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 26
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First With reference to the appointment of Mr. Irwin to assist the prosecution : Shall the court proceed to judgment and sentence upon the verdict? To which question the Supreme Court answered "No."
Second. The testimony of Mr. Frawley being certified, shall the court proceed to judgment and sentence upon the verdict in view of such conduct? To which question the Supreme Court answered "No." That court delivered an opinion severely een- suring the district attorney for his conduct. Thus the trial court was instructed not to proceed to judgment and sentence. The Supreme Court arrested the judgment and not Judge Bailey. Persons who want otherwise than here to satisfy themselves of the facts as here given, are referred to the published opinion of the Supreme Court found in the Wisconsin reports.
In spite of the exceedingly arduous duties pertaining to his office, the judge found time to make some valuable contributions to professional literature in his works entitled "Masters' Lia- bilities for Injuries to Servants," and Bailey's "Personal In- juries," both of which have met with general approval and large sales.
The judge was born in Carmel, Putnam county, New York, June 20, 1842, the son of Benjamin Bailey, a lawyer who at- tained much prominence during a quarter century of practice
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at the New York bar. Judge Bailey received his early educa- tion at Clavereek Academy in Columbia county, New York, and his legal education was obtained in New York. He was admitted to the bar at Brooklyn in 1863. His service to the public in- cluded three terms as mayor of Eau Claire, one term as district attorney of Eau Claire county, and as judge of the seventeenth circuit, the latter covering the years of 1892-97.
James O'Neill was born in Lisbon, St. Lawrence county, New York, September 3, 1847. His parents were Andrew and Mary (Holliston) O'Neill, his father being a farmer by occupation. Tracing his ancestors to an early date, it is found that his pater- nal grandfather, Andrew O'Neill, was born in Shanes Castle, Ireland, September 23, 1766. Emigrating to America about 1790, he settled at Edwardsburg, Canada, where on February 18, 1798, he married Jane Armstrong. During October of the next year they located at Lisbon, New York, Mr. O'Neill being the first settler of that town. Here as a farmer he lived and died.
The maternal ancestry was Scotch, Andrew Holliston and Mary Lees, the grandparents, coming from the banks of the Leader, a branch of the historic Tweed in Berwickshire, Scot- land. In the early forties they left their native land, locating in Oswegatchie, St. Lawrence county, New York.
In the district schools of his native state James O'Neill pre- pared for the higher branches of learning, entering St. Lawrence University in the fall of 1863. Here he spent three years, then entered Cornell University where, after spending three years, he was graduated in 1871 with the degree of A. B. He obtained his legal education in the office of John MeNaughton, of Ogdens- burg, and at the Albany Law School, graduating from the latter institution in 1873.
After his admission to the bar at Albany, Mr. O'Neill came to Neillsville on a visit to his uncle James. This was in 1873. So favorably impressed was he that he decided to locate there for the practice of his profession. Opening an office, he continued alone for four years, after which, in August, 1877, he formed a partnership with H. W. Sheldon, which was terminated with the death of Mr. Sheldon in February, 1879. For one year he was associated with Mr. Joseph Morley, and in 1890 formed a partnership with Spencer M. Marsh, which continued until Mr. O'Neill left the profession for the bench, in January, 1898.
James Wickham, judge of the circuit court for the nine- teenth district, is a native son of Wisconsin, having been born
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in Richland county, this state, January 31, 1862, the son of Pat- riek and Catherine (Quigley) Wickham, natives of Ireland. The parents of Judge Wickham emigrated to the United States in early life, and first located in New York. They removed to Cleve- land, Ohio, where they remained four years, then came west to Wisconsin, stopping first at Whitewater, thence to Richland county, where they arrived in 1859 and engaged in agricultural pursuits. Both parents died in 1894. They were progressive citizens and held a place of prominence in the community, and many times Mr. Wiekham was called upon to fill offices of trust.
Judge Wickham received his preliminary education in the public schools of Richland county and the Richland Center high school, which was supplemented by a thorough course in the law department of the University of Wisconsin, from which he was graduated with the class of 1886 and began practice in August of that year at Eau Claire. Prior to his graduating from the law department he was engaged for a time in school teaching. After his arrival in Eau Claire he was appointed city attorney in 1897 and from 1899 to 1906. From 1889 to 1910 he was engaged in the practice of law with Frank R. Farr, under the firm name of Wickham & Farr. He was elected judge of the circuit court in 1909, assuming the duties of that office January 1, 1910.
In 1891 he was married to Miss Ida Haskin, daughter of Wright Haskin, of Eau Claire. She passed away in 1904. In 1908 the judge married for his second wife Ilelen Koppelberger, daughter of H. B. Koppelberger. His children are James Arthur, William E., Catherine Ida and Walter Leo.
THE COUNTY COURT.
Everything in municipal affairs has its beginning and the establishment of the county government by law brought with it the inauguration of the county or probate court ; naturally, the duties of the judge were very light for a number of years, and the pay small, but with the lapse of years the work has grown to such an extent as to occupy nearly the whole time of the judge. During the last fifty-six years the court has had nine judges, as follows: Starting with William Pitt Bartlett, who occupied the office from 1858 to 1861, his successors have been Ira Mead, 1862; John W. Stillman, 1863-65; H. W. Barnes, 1866-68; George C. Teall, 1869-73; Arthus C. Ellis, 1874-80; George C. Teall, 1881-86; - A. C. Larson assumed the duties of the office in 1887 and was succeeded by Martin B. Hubbard, who took charge in 1897. He
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remained one term of four years and was succeeded by the pres- ent encumbent, George L. Blum, who was first elected in 1901.
William Pitt Bartlett, nestor of the bar of Eau Claire county, was born at Minot, Maine, September 13, 1829. His early educa- tional opportunities were meager, but he obtained a teacher's certificate at the age of fifteen years. He paid his way through the academies at Farmington and Bloomfield and at the age of twenty years entered Waterville College and was graduated in 1853. He was elected principal of the Hallowell (Maine) Acad- emy and served in that capacity until he resigned in 1855, hav- ing in the meantime begun to study law. Being of weak physique, it was deemed advisable to seek more favorable climatic influ- ences, and he located at Watertown, Wis., where he taught school for six months and continued the study of law. He was admitted to practice in the spring of 1856, and the following year moved to Eau Claire, Wis., where he has since resided. He was the first lawyer to locate in Eau Claire county. He is the nestor of the school board of Eau Claire; has always taken great interest in educational matters, and for many years was a member of and president of the board of regents of the University of Wisconsin. He was elected district attorney in 1859, and during his term of office became a member of the legislature. In the spring of 1860 he was appointed judge of Eau Claire county by Governor Ran- dall, and in 1861 and 1863 was again elected district attorney. In 1872 he was again elected a member of the legislature, in 1874 appointed register of the United States land office by President Grant, and re-appointed in 1878 by President Hayes. From 1857 to 1872 Mr. Bartlett practiced by himself, but in the latter year he formed a partnership with H. H. Hayden, which, under the firm name of Bartlett & Hayden, became one of the strongest law firms in Wisconsin. In 1884 this partnership was dissolved and since then Mr. Bartlett has practiced by himself.
Col. Edward M. Bartlett came to Dead Lake Prairie, in Dunn county, later town of Frankfort, Pepin county, in 1855, and lived there two winters and in the southern part of the state one win- ter. In 1858 he settled in Dunn county, residing in Dunnville and Menomonie until October, 1862. He was commissioned lieu- tenant-colonel of the Thirtieth Wisconsin Infantry in 1864, serving until the close of the war. He was born in the town of Victor, Cayuga county, New York, August 3, 1839, came to Wisconsin when sixteen years old, and while at East Troy studied law in the office of Henry Cousins, and was admitted to the bar in 1856, and settled at Eau Claire in 1866, practicing his profession for
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many years. He was for five years register of the United States land office, and at one time city attorney of Eau Claire. For several years he was municipal judge of the city of Eau Claire.
Milton D. Bartlett was born in the town of Victory, Cayuga county, New York, November 3, 1833, and lived in Auburn, N. Y., after he was twelve years old until the spring of 1852, when he came to Wisconsin, locating in East Troy, Walworth county. In October, 1852, he returned east, and in the spring of 1854 came to Delavan, remaining there one year. Was then for one year at East Troy, and in the spring of 1856 moved to Dunn county, where he lived until the spring of 1860, when he went to Durand, remaining there until the winter of 1865-66. Hle then went to Minneapolis, and in 1870 came to Eau Claire. He studied law in Auburn and Syracuse, New York, and prac- ticed at Delavan, discontinuing it for a short time while he was engaged in farming. He resumed the practice in 1859, and at one time was county judge for Pepin county, resigning the position to go to the legislature, having been elected to the state senate in 1861.
J. F. Ellis was born in Jerusalem, Yates county, New York, June 5, 1843. He came to Eau Claire in 1866 and studied law. He began his practice in 1870. Was county superintendent of schools for two years, and for six years a member of the school board.
Arthur C. Ellis came to Eau Claire in 1861, and in May of that year enlisted in the Sixth Wisconsin Volunteer Infantry, serving until 1867, when he was mustered out. IIe was wounded at the battle of South Mountain in 1863 and transferred to the reserve corps. He was lieutenant of Company B, and was with Sheridan in Louisiana after the war. In the fall of 1867 he returned to Eau Claire and practiced law from 1870 to 1880. Was county judge for seven years prior to his resignation in the fall of 1880, when he became connected with the Northwestern Lumber Company. He was born in Licking, near Granville, Ohio, September 17, 1843, and moved to Aurora, Ill., in 1856., remaining there until he came to Eau Claire.
Michael Griffin was born in county Claire, Ireland, September 9, 1842. In 1847 his parents emigrated to America, and after a short time spent in Canada in 1851, they moved to Hudson, Summit county, Ohio, where the boy attended the common schools. In 1856 the family moved to Wisconsin, locating in Newport. Sank county, where he continued his studies in the district school. He enlisted at the age of nineteen, September 11,
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1861, in what became Company E of the Twelfth Wisconsin Vol- unteer Infantry. IIe was with the rest of the company mustered into the United States service November 5, 1861, and was ap- pointed sergeant the same day. January 11, 1862, the regiment left Wisconsin, being ordered to Fort Leavenworth. The regi- ment finally joined Grant in the south and participated in many engagements. At the battle of Bald Hill, Atlanta, Ga., July 21, 1864, Mr. Griffin was wounded in a charge on the enemy. He was ordered to the hospital, and though suffering severe pain, assisted the surgeons in tending to the more seriously wounded. He was commissioned second lieutenant February 11, 1865, and mustered as such on March 30 following. He was commissioned first lieutenant July 5, 1865. He was mustered out of the service July 16, 1865, on account of the close of the war. IIe then returned to Newport, and during the following fall began read- ing law in the office of Jonathan Bowman, at Kilbourn City, Wis. He was admitted to the bar of the circuit court at Portage City, May 19, 1868, and entered on the practice of his profession at Kilbourn City, where he resided until 1876. In addition to his professional duties, from 1871 to 1876 he acted as cashier of the bank of Kilbourn. In 1875 he was elected to the assembly from the first district of Columbia county. At the close of the session of 1876 he moved to Ean Claire, where he became actively en- gaged in the practice of law. Ile was appointed city attorney in 1878, and reappointed in 1879 and in 1880. In 1879 he was elected state senator from the thirteenth senatorial district, comprising the counties of Dunn, Eau Claire and Pierce.
In 1889 he was appointed by Governor W. D. Hoard quarter- master general of the state. During the two years he occupied that position the Wisconsin rifle range for the militia was estab- lished at Camp Douglas, and out of the first appropriation made by the state he purchased the land and directed the construction of suitable buildings for that purpose.
General Griffin was an active member of the Grand Army of the Republic and occupied many positions of trust in that body. He served several times as post commander, and two years served as judge advocate of the department of Wisconsin. In February, 1887, he was elected department commander, and served one year. He was a member of the Wisconsin Command- ery, Milwaukee Order of the Loyal Legion, also of the com- mandery, chapter and blue lodge of the Masonic fraternity, Knights of Pythias and Royal Arcanum.
In the early fall of 1894 the death of George B. Shaw left
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his congressional district without a representative. General Grif- fin yielded to the request of his friends and agreed to accept the nomination. His name was brought before the convention held at Eau Claire on October 3, 1894, and on the first ballot he was chosen to lead the party to victory; was re-nominated in 1896 and served on committee on military affairs in 54th and 55th congresses. As a man of business Mr. Griffin displayed the same ability as he did in his profession, and was successful. IIe was interested in the Lea Ingram Lumber Company, of Iron River; the Eau Claire Grocery Company, and the Eau Claire National Bank.
Henry H. Hayden. Among the successful and prominent lawyers of Wisconsin for many years was II. II. Hayden. IIe was born in Schenectady, N. Y., May 3, 1841. His father, Edwin S. Hayden, a Connecticut Yankee, was a mechanic and farmer; his mother, Matilda Hayden, nee Joyce, was of Dutch ancestry and a daughter of a survivor of the Mohawk massacre. Raised on a farm, his boyhood was uneventful. After obtaining a good common school education at Crystal Lake, Ill., he became a stu- dent in the law office of M. L. Joslyn, at Woodstock, Ill. His legal studies were continued in Oshkosh, Wis., in the office of Jackson & Halsey and of Felker & Weisbrod. He was admitted to the bar in September, 1871, and on January 1, 1872, located in Eau Claire, where he became associated with William Pitt Bartlett under the firm name of Bartlett & IIayden. Mr. Hay- den soon demonstrated his ability in his profession, and in a short time, through close application and indefatigable energy, he became one of the leaders of the bar in the state. After the partnership of Bartlett & Hayden had continned for fourteen years it was dissolved, and Mr. Hayden shortly thereafter formed an association with T. F. Frawley, which continued for three years. Ile next admitted R. H. Start into his business, form- ing the firm of Hayden & Start. This partnership continued two years, and from that time Mr. Hayden practiced alone. He was engaged in many cases of more than local importance, and probably argued as many cases before the higher courts as any member of the bar in the state, outside of a few members of the Milwaukee bar. His knowledge of the law, his energy and industry, his tact and force before judge and jury, earned him a position in the front rank of a small body of men who, collec- tively, were the ablest lawyers in the state. His success was largely attributed to the care with which he prepared his cases before trial and to the conscientious manner in which he treated
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his clients, always endeavoring to avoid litigation when just settlement could be obtained out of court.
Although his time was almost entirely absorbed by his pro- fession, Mr. Hayden became largely interested in manufacturing enterprises and financial institutions, and was the vice president of the bank of Eau Claire. He served in the war of the rebellion as sergeant in Company II, Thirty-Sixth Illinois Volunteer Infantry.
Mr. Hayden was twice married. His first wife was Florence Slocum, by whom he had two daughters, Avis and Georgie. On March 18, 1885, he was again married to Alice W. Ellis. In the death of Mr. Hayden, which occurred January 4, 1903, the bar lost one of its brightest legal minds, and the city, one of its most influential and highly respected citizens.
Lewis R. Larson was born near Bergen, Norway, September 1, 1849, and came with his parents to Columbus in the spring of 1850. Ile was educated in the public schools of Columbus and at the Wisconsin University at Madison, graduating from the latter institution in the class of 1872. He read law in the office of A. G. Cook, of Columbus, and was admitted to the bar May 20, 1874, at Portage, and May 28, 1880, to practice in the supreme court. He remained in the office of A. G. Cook until June 14, 1875, when he came to Eau Claire and began practice alone. He was city attorney from April, 1877, to April, 1878, when he was elected municipal judge for a term of four years. He subsequently moved to Minneapolis, practicing his profession there. He died there in August, 1914.
Levi E. Latimer was born in the town of Bloomfield, near Hartford, Conn., April 12, 1838, and lived there until 1858, when he went to La Porte, Ind., and studied law. He came to Eau Claire June, 1860, and engaged in the practice of law until 1872, when he became municipal judge, which office he held for six years. He also held various town offices, and in 1878 engaged in the real estate business. Ile subsequently moved to Chicago, where he died in 1909 or 1910.
Samuel W. McCaslin was born at Neillsburg, Pa., November 3, 1844, and lived there until 1865, when he went to Painesville, Ohio. He read law, was admitted to the bar and began prac- ticing in September, 1866. In 1868 he removed to St. Charles, Winona county, Minnesota, where he remained until he came to Eau Claire in 1872.
Alexander Meggett was born in Glasgow, Scotland, March 26, 1824, and came to America with his parents when a little over
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three years old. They settled at Uxbridge, Mass., living there until 1836 or 1837, when they removed to Chicopee Falls, town of Springfield, Mass., where they resided until 1841, in which year they located at Slaterville, R. I. Mr. Meggett worked in cotton manufactories until he was nineteen, when he commenced to edu- cate himself. At Wilbraham Academy, Wilbraham, Mass., and at Washington, Conn., he prepared himself for the Middleton Uni- versity. He spent three years in that institution in the sciences, two years in belle letters and one year in mathematics. In the winter of 1847-48 he removed to Pawtucket, Mass., and taught in the public schools for five years. He studied law in 1851-52 while engaged in teaching with lIon. C. B. Farnesworth, of Pawtucket, and completed his legal studies the year following with Hon. Thomas A. Jenckes, of the city of Providence, and was admitted to the bar in March, 1853, and commenced practice at Pawtucket, R. I., and practiced at Providence one year prior to coming west in May, 1857. In June, 1857, he visited Eau Claire and perma- nently located here in July following, when he commenced the practice of his profession. During the winter of 1857-58 he was editor of the Eau Claire Times. He was the second lawyer to settle in Eau Claire county. He held the offices of town super- intendent of schools and city attorney, and was also at one time candidate for judge of the district.
Mr. Meggett was doubtless engaged in more important erimi- nal cases than any other lawyer in this section of the state, having been either sole or leading counsel in the following cases: State vs. Nethers, Fritz, Noble, Murray, Moseby, Mrs. Wheeler and Carter, Davy, Jump and Muzzy, besides many cases of homicide in various degrees and other important cases, both criminal and civil. His untiring zeal for his client's cause, his professional learning and ability, and his peculiar forcibleness and success in jury trials, both criminal and civil, justly merited him that prominence which was so generously accorded him by members of his own profession as well as by others.
Levi M. Vilas, formerly of the Eau Claire bar, and at the time of his death judge of the district court of Ramsey county, Minnesota, was born February 17, 1844, at Chelsea, Orange county, Vermont. He completed his general education in the University of Wisconsin, from which he was graduated in 1863. Ilis graduation from the Albany law school occurred in 1864. in which year he was admitted to the bar in New York. Return- ing to Madison, he engaged with his brother, William F., in the practice of the law for about one year, after which he went into
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the quartermaster's department of the army as chief clerk, remaining in that position two years. In 1868 he removed to Eau Claire, Wis., where he built up and maintained a large practice. He was elected to the office of city attorney in 1872, and mayor in 1876; district attorney in 1877 and 1879. Mr. Vilas removed from Eau Claire to St. Paul, Minn., in June, 1887. In less than two years after becoming a resident of St. Paul he was selected by the governor for judge of the district court of Ramsey county, which appointment was accepted and the duties of the office en- tered upon. But the worthy recipient of that honor was not long permitted to hold the scales of justice; disease even at the time he left Wisconsin had laid hold of him, and on August 25, 1889, he passed away at the family home at Madison.
Levi M. Vilas was an excellent lawyer. His standing in the profession was such as any member of the bar might envy; such as cannot be reached otherwise than by diligent application of a trained and strong mind. His manner of expression was marked; his style was his own-clear, terse and strong. Ilis voice was strong, but musical. Ilis appearance was prepossess- ing and indicated great strength.
James F. Salisbury came to Wisconsin, locating at IIndson in 1876, remaining there one year. He came to Eau Claire and was associated with Joseph F. Ellis in the practice of law. Ile was born in Brockport, Monroe county, New York, November 7. 1849. J. F. Salisbury was educated in St. Paul, Minn., and at the Michigan State University, graduating from the latter insti- tution in 1871. He was admitted to the bar in 1871 and com- menced practice at St. Paul.
Ira B. Bradford, a member of the Eau Claire county bar, has practiced law at Angusta since 1873. He was born in the town of Fulton, Rock county, Wisconsin, June 24, 1851. He was edu- cated in the academies and seminaries of New Hampshire, and in the fall of 1869 went to Edinboro, Pa., and entered upon the study of law. In the fall of 1871 he returned to New Hampshire and continued his studies at Newport until the summer of 1872, when he went again to Edinboro. In February, 1873, he reached Janesville, Wis., and entered the law office of Cassoday & Car- penter as a student. In March, 1873, he was admitted to the bar at Monroe and immediately went to Angusta.
Mr. Bradford was the first mayor of Augusta. In 1879 and 1881 he was a member of the assembly, and served as speaker during the latter year.
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Rosiel D. Campbell was born in LaFayette, Onondago county, New York, February 15, 1810. Came to Beloit, Wis., in 1838, resided there for some years, then went to Lee county, Illinois, where he resided for a time, then went to Boone county, Illinois, for two years, and in October, 1861 enlisted in Company I, Forty- sixth Regiment, Illinois Volunteer Infantry. After the battle of Ft. Donelson he was promoted to captain, receiving his commis- sion just before the battle of Pittsburg Landing. In the fall of 1862 he resigned and came to Waterloo, Wis., where he resided until 1867, when he located in the town of Ludington, Eau Claire county, and in 1869 moved into Augusta. Hle served as president of the village and also held the office of court commissioner, and for several years was justice of the peace. Mr. Campbell was admitted to practice in the territory of Wisconsin in 1842, and was admitted to the Illinois bar in 1843.
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