History of Grant County, Wisconsin, preceded by a history of Wisconsin, Part 77

Author: Butterfield, Consul Willshire, 1824-1899
Publication date: 1881
Publisher: [Chicago : Western Historical Co.?]
Number of Pages: 1050

USA > Wisconsin > Grant County > History of Grant County, Wisconsin, preceded by a history of Wisconsin > Part 77

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The first grand jury was as follows : Jeremiah Dodge, John R. Farnsworth, Alexander D. Ramsey, Andrew McWilliams, Isaac Lander, Moses Hicklin, Daniel Richards, Clovers A. La- Grave, Abram Miller, James Bonham, Thomas Shanley, William P. Fleharty, Elisha T. Hay- wood, James R. Vineyard, Henry Hodges and James Grushong. James R. Vineyard was selected to act as foreman.

Upon the opening of the court, it was "ordered by the court that Orris McCartney, Henry Wood, James Boice and Aaron Boice appear here on the first day of the next term of this court, and show cause, if any they can, why they shall not be fined for contempt of court in not attend- ing at this court as grand jurors."

The first case brought before the attention of the court was that of Stewart McKee and Lind vs. John R. Farnsworth for trespass. Moved by defendants' attorney to quash the complaint. The case was continued to the following morning, and court adjourned until that time. Upon re-assembling, the complaint was quashed and defendants empowered to collect costs from plaintiff. The first bill returned by the grand jury was a "true bill " against John R. Farnsworth for re- tailing ardent liquors ; case continued until next term of court and then dismissed. The first execution issued was in favor of James Gehon against James B. Estes, indorsed " satisfied by order of plaintiff."

At this session of the court, Thomas S. Wilson was appointed District Attorney, pro tem., by the presiding Judge. Among other matters, Justice Parson was granted leave to keep a ferry across the Mississippi opposite his house. James H. D. Street as Sheriff of Grant County, and Robert R. Read and George Moore, his Deputies, were granted pay for three days' attendance upon court, this appearing to have been the limit of the first session. One term of court was held at Cassville, the court house at Lancaster not, as yet, having been completed. At the Octo- ber term ensuing, J. Allen Barber was admitted to the bar of Grant County as attorney and counselor at law, being the first one so admitted; Edward Southwick was also admitted at the same term.

The first session of the court at Lancaster took place at the October term, 1837. The court house not being quite finished, the court was held in a little frame structure standing about where the bank is now situated. There being no crier, the court appointed Lewis Reynolds to act in that capacity, and also appointed Harvey Pepper as Constable. From this time forward until the organization of the State government, in 1848, regular terms of court were held by Judge Dunn at Lancaster, the county seat.

The last term of the District Court was held in June, 1848. On the 29th of May, of that year, Wisconsin became a State, and a new period began in her judicial and political history. None of the Judges of the Territorial Supreme Court were afterward connected with the State Judiciary. While still on the bench, Judge Dunn had been elected as a delegate from La Fayette County to the second Constitutional Convention. In this convention, he served as Chairman of the Judiciary Committee, and possessed a " commanding influence " in the convention. He was afterward a member of the State Senate from 1853 to 1856, and was a member of the Judiciary Committee of that body during the entire four years, and its Chairman until 1856, when the ma- jority of the Senate being of the opposite political party, he was succeeded in the chairmanship

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HISTORY OF GRANT COUNTY.

by David Taylor. Judge Dunn died April 7, 1872, at the residence of his sister at Mineral Point, in the eightieth year of his age.

By the constitution of the new State, Wisconsin was divided into five Judicial Districts. Grant County was included in the Fifth Judicial District, which comprised besides, Iowa, La Fayette, Crawford and St. Croix Counties, and three new counties attached to some of these for judicial purposes. The Legislature was authorized to alter the limits or increase the number of these circuits, with certain restrictions. These Circuit Judges were then to form the Supreme Court of the State, which court was by law compelled to hold at least one session annually at the seat of government.

The first election for Circuit Judges was held on the first Monday of August, 1848, and the following persons chosen : First, Edward V. Whiton ; Second, Levi Hubbell ; Third, Charles H. Larrabee ; Fourth, Alexander W. Stow; Fifth, Mortimer M. Jackson.

The first term of the Circuit Court in Grant County, opened Monday, October 2, 1848, Judge Jackson, presiding. Upon the opening of the court the following persons, " who were for- merly " attorneys and counselors at law in the District Court, came forward and took the oath, and were admitted as attorneys : Nelson Dewey, J. Allen Barber, Orsamus Cole, Stephen O. Paine, Joseph T. Mills, Cyrus K. Lord, Royal C. Bierce, William Hull, James W. Seaton, Ben C. East- man. Willis H. Chapman, attorney at law in the courts of Illinois, was also admitted at the same time.

The first grand jury for this court was composed of the following persons : Thomas Cruson,. Simpson Oldham, Warren Hannam, Sr., William Richardson, Jeremiah E. Dodge, Samuel Wilson, A. W. Emery, Jonas M. Smelzer, John S. Kirkpatrick, James Prideaux, Thomas J. Taylor, Robert Langley, Neely Gray, Jacob Benninger, James Barr, Abner Coates, Sr., Robert R. Young, James Bonham, James R. Short, Lewis Rood. Thos. Cruson was elected as Foreman.

The first case brought before the court was the State of Wisconsin vs. William Morris, Reu- ben Ray, Thomas Cobb, Thomas G. Kirkpatrick, Benjamin Baldwin, Solomon Roberts, Samuel Dorsey, William Clise and Pendleton P. Stone, for riot. Case stricken from the docket on mo- tion of the District Attorney J. Allen Barber, subject to re-instatement at the option of the Dis- trict Attorney. The case was one growing out of a charivari given in accordance with the customs of " ye olden time." Judge Jackson continued as Judge of the Fifth District until 1852, when he was succeeded by Montgomery M. Cothren, who served two terms, retiring in 1864. Joseph T. Mills, of Lancaster, was the next Judge of this circuit, and held two terms, and was followed by Judge Cothren, the present incumbent.

County and Probate Courts .- County Courts were established in this State by Chapter 86, of the revised statutes of 1849, and the jurisdiction and powers previously exercised by Probate Courts were by said Chapter 86, transferred to the County Courts.

Prior to 1849, the Judges were styled Probate Judges, and prior to 1844, they were ap- pointed by the Governor of the Territory.

Civil jurisdiction, to a limited extent, was vested in County Courts by the act establishing them. In 1853, a decision of the Supreme Court, in the case of James Norval vs. James P. Rice and Lutia A. Rice, action of assumpsit, commenced in County Court of Rock County and appealed to the Supreme Court, struck a heavy blow at the common law jurisdiction of the County Courts. The court held that the statute creating the County Court, in so far as it pro- vides for the trial of issues of fact by a jury of six men instead of twelve, is repugnant to the constitution of this State, and void.

" The right of trial by jury, secured by the constitution, contemplates a jury of twelve good. and lawful men as the same was understood by the common law."

At the session of the Legislature of 1854, Chapter 86 of the Revised Statutes of 1849, so- far as it related to civil jurisdiction of County Courts, was repealed, except in Milwaukee County, where this court has always retained civil jurisdiction to a limited extent. The other counties of the State in which County Courts have this jurisdiction at present are Dodge, Brown, Fond du. Lac and Winnebago. A list of the County Judges of Grant County is given in another place ...

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HISTORY OF GRANT COUNTY.

COUNTY BUILDINGS.

Court House .- Immediately upon the meeting of Board of Supervisors for the newly cre- ated Grant County, in 1837, proposals were entertained for building a new court house, and at a subsequent meeting the contract was let to Messrs. G. M. Price and Daniel Banfill, the former taking the wood-work and the latter the mason-work of the building. Building opera- tions were at once commenced, and the court house finished the following year. This building was occupied until in 1851. Its dilapidated condition called either for extensive repairs or the erection of a new structure. The latter measure was decided upon, and the contract awarded to Messrs. Alcorn, Wood and Prentiss, who commenced work upon the new building in 1852, turning it over to the county the succeeding year. This building forms the wing of the present court house. A relic of the first court house of Grant County still remains in the shape of the stairs, over which the feet of so many weary applicants for the interposition of the strong arm of the law have passed. At present these steps do duty as an outside means of reaching the sec -. ond story of the residence of Judge Mills. By 1865, the needs of the county for a larger build- ing were so glaringly portrayed, that, at an annual meeting of the County Board in November of that year, $5,000 was appropriated for the enlargement of this repository of justice and county bus- iness. The contract for the erection of the present east front was then given to John Thornton. At the same time the roof of the old court house was raised several feet, giving the court-room a much airier and handsomer appearance. The new front was finished the following year. The origi- nal contract price was $5,000, but at a subsequent session of the board the sum of $1.087.76 was added to this in order to reimburse the contractor for his work which, while it had been performed in an eminently satisfactory manner, had by this sum exceeded the contract price, and feeling that they now had a building which they could regard with pride, the county gen- erously came to his relief and awarded him the above sum. A lengthened description of this building is unnecessary. It is an edifice that does credit to the county, and provides in a com- modious and safe manner for all the varied county interests that have their headquarters there.

County Jail .- In April, 1838, seeing the necessity for providing a place for the safe-keep- ing of criminals, the County Board decided to erect a building for that purpose, and a contract for a log jail was made with Harvey Pepper, the price for the same completed to be $400. This pioneer bastile was made of logs, squarely hewn, and snugly laid together, while on the inside it was lined with oak plank two inches in thickness. To add to the further security of the jail, the interior was nailed every two inches with heavy spikes, the result of which was to make a box that, crude though it might be, was stronger than many of the more modern speci- mens of this genus. The word box is used advisedly, as the entrance to the interior was by means of a flight of steps running up to the second floor of the structure from the outside, where, from the interior, entrance was effected into the cell below by means of a ladder. This floor was made of stout hewn oak logs, and through the cracks between such air as could, strug- gled through to the prisoners below. For light two or three holes about the size of a small pane of glass were cut far above the reach of the prisoners, and admitted an occasional ray of sunshine to the occupants of this "dungeon cell." The jail finally went up in smoke, being fired by an incendiary, and, in 1844, the "old stone jail" was erected at a cost of $1,685, including a frame jailer's house. This structure, although regarded at the time as the acme of institutions of its kind, was soon found to contain serious failings, both in size and internal necessities for the comfort of prisoners. As early as four years later, namely, in 1848, the Clerk of the County Board was ordered to advertise for bids for "enlarging the jail," but this order was afterward countermanded, and at the January session of the board in 1849, it was decided that air holes cut in the walls so as to ventilate the lower cells would be sufficient for all needs, and N. W. Kendall was employed to provide this rather crude means of ventila- tion, but for reasons unexplained in the proceedings of the board, the job was turned over to J. C. Squires, who was ordered to let the job to such person as he saw fit. In 1852-53, the present Sheriff's house was built, the one formerly occupied by that officer being altogether to rough and crude an affair for habitable purposes.

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HISTORY OF GRANT COUNTY.

The ease and facility with which prisoners effected their escape from these prison walls finally awoke the county to the necessity of providing a jail that would be capable of holding securely the desperadoes and ruffians who visited this section. Notice was accordingly given early in 1872, that bids for the proposed new structure would be received, and, in July of that year, the contract was awarded to Haugh & Co., of Indianapolis, for the sum of $20,500. All but the iron-work was sub-let by this firm to Norris & Hinkley, of Monroe, Wis. The follow- ing description of the new prison is published in the Herald of cotemporaneous date :

"The edifice will be made of brick and be two stories high above the basement room, the latter having an altitude of seven feet and five inches, and extending three feet below the sur- face of the ground. The basement will be divided into two compartments, one of which (the front) is to be used as a fuel room, and contain the furnaces for heating the various rooms, cells, etc., above. Eight basement windows will light this portion of the building, each grated by two horizontal and seven vertical bars of iron. The walls are to be one foot six inches thick, laid with good building stone in the best sand and lime mortar. The dimensions of the build- ing to be 361x451 feet, all measured outside of brick-work. All outside walls above the water- table will be twelve inches in thickness, to be built of the best quality of Lancaster brick. The floors will be of bush-hammered limestone, seven inches thick, laid level and properly bedded in mortar. All window-frames and sash to be of good, solid oak.

" The building will contain twelve cells, six on the first floor and as many on the second. Each cell will be five feet by seven and eight feet high, made of jail plate a quarter of an inch thick, and set on iron pillow-blocks six inches from the floor. The doors to these cells will be two by six feet, made of articulated iron-work secured with heavy bolts and provided with strong locks. A corridor composed of articulated iron-work will surround the outer tier of cells on both the first and second floors. This grating will extend from floor to ceiling. Separating the corridor from the gallery will be another grating of iron-work, the horizontal bars of which are to be of strong band-iron, and the upright of one-inch round-iron, spaced three to a foot. The lower ends of these bars will pass through the stone floor and be securely riveted. The gallery is to be two feet wide, and will extend all around the main prison. Besides the cells, gallery and corridor already referred to, the first floor will contain a kitchen and guardroom ; the second a jailer's bedroom and a female ward furnished with six beds and provided with an iron door. The walls on three sides of the main prison to be eight feet in height, the wall on the north side the entire height, the whole ceiling of the apartment containing the cells as well as the floor, walls and ceiling of the female ward are to be lined with jail plate-iron a quarter of an inch in thickness. There will be eight windows in the prison, and two in the female ward, each made secure with cast-steel gratings, consisting of three horizontal and seven vertical bars, the latter let into the caps and sills two inches, and the spaces around them at the bottom will be filled with melted lead. There will be two swinging beds in each cell, and six in the ward for women. These will be hung with chain suspenders and hinged with strong hinges, four inches from the wall. To be made wholly of iron."

Some slight changes were made in the original plan, two feet being added to the height of the basement, and six inches to the thickness of the basement walls, besides several minor ad- ditions.

The site selected for the new building was a vacant lot on the corner of Jefferson and Maple streets, and just north of the old jail. Work was commenced soon after the awarding of the contract and carried rapidly forward, and in September of the following year, the completed structure was turned over to the county and accepted. The total cost of jail and lot was $21,740, $800 having been paid for the lot and a small sum allowed the contractors for extra work according to changes made in the original plans.

It had been intended at first to include a.Sheriff's residence with the new building, and plans for a building 44x27} feet, two stories high, with a mansard roof, had been accordingly drawn. The cost of this additional building would have been about $7,500, but from motives of economy the residence was omitted, something that was afterward much regretted. This

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HISTORY OF GRANT COUNTY.

contemplated addition will doubtless be completed according to the original plans ere many years roll round, as only this is needed to round-out and finish to completeness what is undoubt- edly one of the finest jails in the State.

County Poor Farm .- This property which lies some two miles southeast of town on the Platteville road was purchased by the county in the fall of 1845, the purchase being brought about in a great measure by the efforts of Judge Barber and Dewey, who previously had purchased the property and offered the county the land at the cost price, namely, $3 per acre, providing they would establish there a poor farm, the need of which was already felt. The proposition was accepted, and November 17, 1845, deeds were made out direct from James Wilter, of Monroe, Green Co., to the county of Grant, by which the latter became the owner of 240 acres of the half-section sold by Wilter. Work was begun upon the proper buildings thereon, and the farm was ready for occupancy the following year. Isaac Martin was the first Super- intendent. October 24, 1866, the-main building was destroyed by fire, the incendiary being an insane pauper named Susan, who started the blaze in her cell. There were no men on the place at the time, and although the women present fought strenuously against the fire fiend, they were unable to subdue it, and before help could arrive from Lancaster the flames had such possession of the structure that all efforts to save it proved unavailing. The furniture and some few other articles were saved. The building was uninsured, and the loss to the county was estimated at $7,000. At the meeting of the Board of Supervisors in the November following, the sum of $5,000 was appropriated for rebuilding the structure, the new building not to cost over $8,000. During the interval, a stone building about a mile south of the poor farm, the property of the Hon. J. P. Cox, then lately deceased, was leased for the use of the Superin- tendent and inmates until the new building could be erected. The present poor house is a com- modious and neat-looking structure, combining comfort with all the requirements necessary for such an institution. Its cost, however, somewhat exceeded the price set by the Board of Su- pervisors when rebuilding was first determined upon.

EARLY JUSTICE.

As is usual in new countries, the earliest efforts to establish the blind goddess with her impartial scales securely upon her throne in Grant County, were accompanied by many discrep- ancies in form and procedure that cannot fail to produce a quiet smile upon the countenances of present-day barristers.

Not but the dignity of the higher courts, under the same and dignified rule of Chief Jus- tice Dunn, backed by a bar comprising such names as those of Orsamus Cole, Stephen O. Paine, J. Allen Barber, Judge J. T. Mills, and other legal luminaries of a like standing and character, was well preserved and their proceedings marked by that staid decorum that is supposed to be the especial characteristic of these fountain-heads of Justice. On the contrary, while in excep- tional instances, and these extremely far between, might have been exhibited instances of gaucherie and disregard of legal amenities, the bench and bar of Grant County would take high precedence with any similar body in the State. While this is the case in the upper courts, it is equally true that the lower channels at times, under the influence of amateur occupiers of the wool sack, pursued a most tortuous and perplexing course, ending in climaxes altogether the reverse of the meaning intended by the court; a few of the most authentic have been culled from the many and are given below. The first are included in the recollections of the Hon. Henry S. Baird, published some years since, who relates them as happening in the western part of the State at a very early day. While it is possible that they may not have occurred exactly within the territory afterward defined as Grant County, they are altogether too good illustra- tions of the early legal modus operandi to permit of their being missed here. Says Mr. Baird :

"In the subordinate or Justices' Courts, many singular incidents transpired and decisions were made, which, to the actors at the time, seemed to be all right, and in strict conformity with their notions of justice; but, to modern practitioners, they would appear, however, to conflict with the strict rules of evidence and encroach upon the rights of the citizen. I will illustrate

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HISTORY OF GRANT COUNTY.

by relating the proceedings that took place in two cases tried before Justices' Courts in the western part of the State about the year 1830. A plaintiff was, at that time, permitted to sue his debtor by warrant, and on judgment being obtained, to issue execution against and imprison the body for want of goods or chattels, out of which to make the money. In the case I allude to, the gentleman who related to me the story, applied to a country Justice for a warrant, he acting as the agent of a firm in St. Louis that had sold a bill of goods to the defendant. The warrant was issued and placed in the hands of a Constable. The plaintiff's agent returned to. his place of abode, distant several miles from the office of the Justice. The Constable, prompt in the discharge of his duty, went in search of the defendant, and, in the course of a day or two, arrested him and brought him before the Justice. The question now arose, how should the attendance of the agent be accomplished ? This was soon settled by the Justice, who immedi- ately issued a warrant against his body and directed the Constable to bring him forthwith before the court. 'But,' said the Constable, 'What shall I do with the defendant in the meantime ? I cannot carry him with me.' 'Oh, I will fix that,' said the Justice, who at the moment observed a man on horseback passing by. The Justice hailed him, and commanded the stranger to alight and take charge of the defendant. The traveler at first refused, alleging that he was a stranger, residing in Illinois and going on business to a distant point, but the Justice would receive no such excuse. He informed the stranger that he was a Justice of the Peace, and, in the name of the United States, and by authority of the laws of the Territory, ordered him again to take charge of the prisoner. He reluctantly obeyed the mandate, and mounted guard over the defendant. The Constable then went in search of the plaintiff's agent, found him at his residence, arrested him on the warrant, brought him before the court, and reported that he had the 'body' there present. The trial proceeded and judgment was duly rendered against the defendant. It was now nearly dark, and, as in those days, houses were few and distant from each other, the traveler said to the Justice, that as he had detained him nearly all day, it was then too late to proceed on his journey, and he supposed he could give him supper and lodging. The Justice was quite willing to do so-for he was not only a Judge, but a landlord as well. The traveler and plaintiff's agent accordingly had their horses cared for, had supper, lodging and breakfast, immediately after which the stranger ordered his horse; but when about to mount and ride off, he was civilly informed by the late Justice-now landlord-that his bill was twelve shillings. In this case, the Justice probably pocketed more than either party or the Constable. At the other trial, I witnessed the whole scene myself. The court was held in a small log school- house. The suit was brought to cover the amount of a note in hand. The defendant pleaded either payment or want of consideration; each party had employed counsel, and a jury of six was empaneled to try the issue. A witness was called and sworn. In the course of the exam- ination, one of the counsel objected to some leading question put by the opposite side, or to some part of the witness' answer as improper testimony. The Judge overruled the objection and the witness proceeded ; but, erelong, another objection, similar to the first, was made from the same side. On this second objection being made, the foreman of the jury, a large and portly individual, who bore the title of Colonel, and, probably, owing to his exalted military rank, was permitted to wear his hat during the trial, manifested,a good deal of impatience, shown by fidgeting in his seat, and whispering to his fellow-jurors; but the Justice again over- ruled the objection, and told the witness to proceed. This he did for a short time, when he made a statement which was clearly irrevalent and contrary to every rule of evidence and com- mon sense. The attorney who had so often and so unsuccessfully attempted to exclude this sort of evidence, could no longer silently submit; he again rose from his seat and most respect- fully appealed to the court, protesting against such statements going to the jury as testimony. Thereupon the worthy foreman rose from his seat and swore he would no longer sit there and hear the objections of that fellow ; that he had taken an oath as a juror to decide the case accord- ing to the evidence, and if he could not hear the whole story from the witness he should leave. Accordingly, he made several strides toward the door, when the Justice rose from the bench, and approaching the juror, placed his hand on the Colonel's shoulder, and begged that he would

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History of Grant County, Wisconsin, preceded by a history of Wisconsin, Part 77

Author: Butterfield, Consul Willshire, 1824-1899 Publication date: 1881 Publisher: [Chicago : Western Historical Co.?] Number of Pages: 1050

Author: Butterfield, Consul Willshire, 1824-1899
Publication date: 1881
Publisher: [Chicago : Western Historical Co.?]
Number of Pages: 1050