USA > Wisconsin > Green County > History of Green County, Wisconsin. Together with sketches of its towns and villages, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 45
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Joel Allen Barber.
Joel Allen Barber, was the son of Joel and Aseneth (Melvin) Barber, and was born in Georgia, Franklin Co., Vt, Jan. 17, 1809. His father was from England, and his mother was of Welsh descent. Her father was a captain in the Revolutionary army, and served till the close of the war. J. Allen Barber worked on a farm till he was eighteen years of age, when he entered the Georgia Academy, and fitted for college, and entered the University of Vermont in 1829, where he remained two and a half years. He then began the study of the law with Hon. George P. Marsh, of Burlington. He taught school two years in Maryland, and was admitted to the bar in 1831, in Prince George's county, in that State. He returned to Vermont, and commenced the practice of his profession at
Ar Caneale
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Fairfield, where he remained till 1837, and in September of that year, he located at Lancaster, Wis., which village has ever since been his place of residence, and where he has constantly prac- ticed his profession for nearly forty-two years, at times mingling land operations with his prac- tice. He is deemed a sound and able lawyer, holding a high place as a criminal lawyer, and is an honor to the profession.
A large portion of the time, since he has been a resident of Wisconsin, Mr. Barber has held some official position. He has been many years a member of the county board of supervisors, and was five years its chairman; was four years county clerk, and district attorney three terms. In 1846, he was a representative from Grant county, in the constitutional convention, and served on the committee on the Organization and Functions of the Judiciary. He was an able, in- dustrious member, and performed valuable ser- vice in the convention. He was a member of the assembly, in the years 1852, 1853, 1863 and 1864. In the assembly of 1863, he was speaker of that body. Ile was a member of the State Senate, in the years 1856 and 1857. He was ever an able, watchful and faithful member of the legislature. He was two terms a member of Congress, commencing on the 4th of March. 1871. In the House, he served on the commit- tees or War Claims and on the Revision of the Statutes. Ile was an industrious and influential member of Congress; not a frequent speaker, but pointed and clear when he did address the Honse.
Mr. Barber was a whig, until the organiza- tion of the republican party, when he united with it, and has been a member of that party ever since.
In 1842, he was married to Helen Van Vleck, of Jamestown, in Grant county. Mrs. Barber died in abont one year after marriage; and in 1847, he was again married to Elizabeth Ban- fill, of Lancaster. They have four children living, two sons and two daughters.
Henry S. Magoon
was born in the town of Monticello, Lafayette Co., Wis., Jan. 31, 1832. He entered the Rock River Seminary at Mount Morris, Ill., in 1848, and there remained most of the time until June, 1851, devoted to classical and other studies. In 1851, he entered the Western Military College at Drennon, Ky., where he graduated in 1853. Ile afterward attended the Montrose Law School at Frankfort, Ky., and in 1855, was appointed Professor of ancient languages in Nashville University, Tennessee. Here he remained till 1857, when, resigning, he returned to Wis- consin and began the practice of the law. He was elected a district attorney in Lafayette county, in 1858, and was a member of the State Senate in 1871 and 1872. Hle was the first na- tive of Wisconsin elected to the State Senate or to Congress. He was elected, as already in- timated, to the 44th Congress from the 3d congressional district, in November, 1874.
George C. Huzelton
of Boscobel, was born in Chester, Rockingham ("o., N. H., Jan. 3, 1833; graduated at Union College, Schenectady, N. Y., in 1858 ; studied law; was admitted to the bar in the State of New York, and settled in Boscobel, Wis., in 1863, where he has since practiced his profes- sion ; was elected district attorney of Grant county in 1864, and re-elected in 1866; in 1867 was elected State senator, and chosen president pro tem. of the Senate, and was re-elected to the Senate in 1869. He was elected to the 45th Congress as a republican. Re-elected to the 46th Congress, receiving 11,695 votes against 11,603 for Owen King, greenbacker. He was re-elected to the 47th Congress, receiving 16,- 236 votes against 12,941 votes for M. M. Coth- ren, democrat.
Burr W. Jones,
of Madison, was born in the town of Union, Rock Co., Wis., March 9, 1846; received a co !- legiate education, graduating at the Wisconsin State University in 1870, and in the law depart- ment in 1971; is a lawyer by profession ; re-
19
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HISTORY OF GREEN COUNTY.
sided near Evansville until about eighteen years of age; after finishing his law course, he com- menced practice at Portage in the winter of 1871, but returned to Madison in the spring of 1872; was elected district attorney of Dane county in 1872, and re-elected in 1874; was
elected to the 48th Congress in 1882 as a demo- crat, receiving 13,035 votes against 7,924 for George C. Hazelton, republican ; 3,791 for E. W. Keyes, republican ; 3,152 for S. D. Hast- ings, prohibitionist, and 444 for P. W. Matts, green backer.
HISTORY OF GREEN COUNTY.
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CHAPTER XII.
THE COURTS OF GREEN COUNTY.
It has been shown in previous chapters that the first settlers came to what is now Green county in 1827 and 1828, and that the region they located in was, at that date, a part of Craw- ford county, in Michigan Territory. These first settlers were under the jurisdiction, until Iowa county was organized, of the
" CIRCUIT COURT OF THE UNITED STATES FOR THE COUNTY OF CRAWFORD."
There was a county court of Crawford county during the period just mentioned; but why this court lost jurisdiction will now be explained. However, in this connection, it will be neces- sary, in the first place, to give a history of the "Circuit Court of the United States for the County of Crawford."
No sooner had the three counties of Brown, Crawford and Michillimackinac been organized and their county courts established, than it was felt to be a great draw-back to the prompt admin- istration of justice that, in all civil cases of over $1,000,and in criminal cases that were capital, as well as in actions of ejectment, in the allowance of writs of error, and mandamus, recourse must be had to the Supreme Court at Detroit; the latter place being the seat of government of Michigan Territory. Therefore, in January, 1823, an act of Congress provided for a circuit court, and for the appointment of a judge for these coun- ties. This court had concurrent jurisdiction, civil and criminal, with the Supreme Court of the Territory, in most cases, subject, however, to have its decisions taken to the latter tribunal by a writ of error. The law provided for hold- ing one term of court in each year, in each of
the counties named in the act; so, at last, there was to be a speedy administration of justice at home, and the people were to be relieved from all military arbitrations, which frequently had been imposed upon them. James Duane Doty was appointed judge of this court at its organi- zation. Appeals were taken from the county court to the "circuit court of the United States for the county of Crawford," as Judge Doty's court was called. A May term was held in Prairie du Chien; a June term in Green Bay; a July term in "the borough of Michillimackinac," in each year. In 1824 Henry S. Baird, of Brown county, was appointed district attorney. Doty held the office of judge until May, 1832, when he was succeeded by David Irvin. The new circnit included all of Michigan not in the pen- insula, the now State of Wisconsin, and the country north of St. Croix river and east of the Mississippi to latitude 49-now under the gov- ernment of Minnesota. In the winter or spring of 1823, Doty was appointed by President Monroe the additional judge. At the session of 1823-4, Congress changed the tenure of office of the judges of Michigan for "good be- havior" to the term of four years, and Judge Doty's re-appointment was announced in Nile's Register of Feb. 28, 1824. The first term of Judge Doty's court was held at Mackinaw, in July, 1823.
James Duane Doty.
James Duane Doty was born at Salem Washington Co., N. Y., in the year of 1799. Ilo received a common school education, and then devoted himself to the study of
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HISTORY OF GREEN COUNTY.
law. In 1818, he removed to Detroit, in the Territory of Michigan, where, in the following year, he was admitted to the bar. He early at- tracted attention, and, in 1820, accompanied Gov. Cass on one of his extensive tours, and was present when the governor hanled down the British flag displayed by the Chippewas on the American side of the straits of Mackinaw, de- spite their menaces. In the winter of 1821, while visiting Washington, Doty was admitted to the bar of the United States Supreme Court. A year later, upon the passage of the act form- ing northern Michigan into a judicial district, he was selected by President Monroe to occupy the bench. In the fall of 1823 Judge Doty, with his wife-he had recently married a daugh- ter of Gen. Collins, of Oneida Co., N. Y.,-re- moved to Prairie du Chien for the purpose of entering upon his duties ; but, the following spring, because the traders did not manifest a very friendly spirit, and believing that Green Bay was a healthier place, established his home there. During this year the organization of the courts was completed, and thereafter he held his terms with strict regularity until 1832, when he was succeeded by Judge David Irvin. Thus relieved of official duties, he made re- peated tours over the then unsettled territory, became thoroughly acquainted with its natural resources, and contributed not a little towards obtaining the good-will of the Indian tribes to- ward the government. In 1831-2, he was one of the commissioners who surveyed the United States military roads from Green Bay to Chi- cago and Prairie du Chien. In 1834 he was elected to the Territorial council of Michigan, in which he served two years with distinction. In that body he introduced the proposition for the formation of a State government, and the separate Territorial organization of Wisconsin, which prevailed in 1836. Meanwhile, at the Green Bay land sales of 1835-6, he was in- trusted with large sums of money for invest- ment in eligible locations, and many flourishing villages now stand on sites of his selection. He
was chiefly instrumental, at the Belmont ses- sion of the Wisconsin legislature, although not a member, in securing the location of the seat of government at the Four Lakes, now Madison. In 1838, he was elected delegate in Congress from Wisconsin Territory, serving until 1841. Ile became governor, by appointment from Pres- ident Tyler, in September, 1841, which office he held until June 1844, being the second Terri- ritorial governor of Wisconsin. He was a mem- ber of the first convention chosen to draft a State constitution in 1846. Ile was elected to Congress from the third or Green Bay district, in 1848, and re-elected in 1850. At the elose of his term, 1853, he retired to private life. His last residence in Wisconsin was at Mena- sha, on Doty's island, of Lake Winnebago. In 1861 he was appointed superintendent of Indian affairs by President Lincoln, and subsequently governor of Utah, holding this position until his death, which occurred June 13, 1865. HIe was emphatically one of the most eminent pio- neers of Wisconsin, and his important public services entitle him to lasting honor.
Holding Court Under Difficulties.
To reach Prairie du Chien from Green Bay, Judge Doty had to travel the distance in a bark canoe, by way of the Fox and Wisconsin rivers. Annual journeys were undertaken between the two points, from 1825 to 1828, by the judge a' d district attorney, Henry S. Baird, in one canoe. It was usually manned by seven Indians, and the trip each way occupied about seven days. Baird took his family along. Mrs. Baird, who is now (1884) still living, relates the journey was ren- dered very enjoyable by its sociability and novelty. It was through a wilderness, on wild waters, and no white inhabitant found along its entire course.
In 1829 Morgan L. Martin came to Green Bay, and was subsequently admitted to the bar by the court. In May, of the same year, he and Judge Doty, and the district attorney (Baird), with a Menomonee Indian for a guide, traveled I on horseback from Green Bay to Prairie du
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HISTORY OF GREEN COUNTY.
Chien and back. It took them seven days each way. During the journey, they saw no white man. Their course led through what is now Fond du Lac, Green Lake, Madison, Blue Mounds and Dodgeville ; crossing the Wiscon- sin river six miles above its confluence with the Mississippi.
In those early days, courts were held in rooms in log dwellings, log school houses, and barns, 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 [Doty] and the attorneys occupied the ex- tensive 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."
In a previous chapter (III), in an account of the so-called " Winnebago War," mention is made of the murder of Gagnier and Lipcap, at Prairie du Chien. It was thought advisable to try the Indians for that murder, in Judge Doty's court, that is, in the "Circuit Court of the United States, for the county of Crawford," instead of the county court of Crawford county. But, in order to give the court fir-t mentioned jurisdiction,and at the same time nct to bring it in conflict with the county court, 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 canses 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 circuit court is hereby authorized and re- quired to hear, try, and determine all such suits, indictments, recognizances, process, writs, ap- peals and other matters and things aforesaid, according to law, and in like manner as the said county courts would have been required to hear, try and determine the same, if this act had not been passed.
Approved June 18, 1828.
[II.]
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 of 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 veni- ries for fifteen grand, and twelve petit jurors to attend 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 qualification shall be re- quired by the court, of the said jurors; and if
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HISTORY OF GREEN COUNTY.
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 Eng- lish 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 deficiency in said panel, from any canse whatever, shall not operate to prevent the court from cansing a sufficient number of jurors to complete the panel aforesaid, to be summoned from among the neighboring citizens.
Approved June 3, 1828.
According to the provisions of this last act, Judge Doty convened his court on the 25th of August, 1828. On the first day of September, Chickhonsic, or the Little Bœuf, and Waniga, or the Sun, were indicted for murder, as ac- complices of Red Bird, in the killing of Gag- nier and Lipcap, in June of the preceding year, as related in chapter III, of this history. The two Indians (Winnebagoes) just mentioned were convicted and sentenced to be hung on the 26th of December following ; but, before that day, they were as already related, pardoned 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.
The two acts of the Michigan Territorial council before given, remained in force until the last day of July, 1830; so that all cases, civil or criminal, in Crawford county, were triable in Judge Doty's court between the Ist of July, 1828, and that date instead of in the county court. Now, it so happened that in August, 1828, a man was killed within the limits of that county in that part now the county of Green. The slayer was, of course, properly tried in Prairie du Chien, and in Judge Doty's court. It was the case of a trader
among the Winnebagoes by the name of Mc- Nutt, who killed another trader named Boner. From a published account of this affair, in 1857, by J. W. Stewart, we have the following particulars:
"Boner and MeNutt were both in the habit of partaking two freely of spirituons liquors, which they kept to sell to the Indians [at a place about one mile southwest of what was afterward Exeter, in the present Green county]. One night during the month of August, [it was earlier, probably in June] 1828, whilst no one was about their premises except the two part- ners and Van Sickle, their interpreter, one of them-MeNutt-without having had any previ- ous quarrel, dispute, or provocation known to any one, under the effects of intoxication, came into the house with a common ax in his hand and deliberately killed Boner and cut him into pieces, in the presence of Van Sickle. The latter, without interference, fled to Blue Mounds on foot, and gave the information. As Van Sickle left the cabin, in his fright, McNutt, the murderer, laid hold of his rifle and shot after him, the ball striking the door check. A few minutes after Van Sickle's arrival at Blue Mounds, McNutt arrived there on horseback and surrendered himself to the officers, who took him to Prairie du Chien. Mr. Blackmore, who is my informant, was away from home the day of the murder, but was there the next day, and assisted in burying Boner, who occupied the first grave of a white man within [what are now] the limits of the county. After eighteen months confinement in jail at Prairie du Chien, McNutt was acquitted."
An account of the killing of Boner given to Albert Salisbury, in 1871, by William Deviese, differs from the foregoing in a few particulars. It is as follows:
"After the murder of Boner, MeNutt fled to Blue Mounds and was lying drunk at Moore's when the news reached the Mounds. He was tied by Deviese, Duncan and others, and deliv- ered up to the officers from Dodgeville. Mc-
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HISTORY OF GREEN COUNTY.
Nutt made no resistance, being in fact too drunk, but denied all knowledge of the mur- der, and said if he killed Boner he knew noth- ing of it, as may have been the case. He was kept in jail in Prairie du Chien for a year and a half, and then acquitted."
In a sketch of James Hawthorn, of the same date, Mr. Salisbury has some additional infor- mation concerning McNutt. He says:
"Hawthorn was called to Prairie du Chien in the spring of 1827 as a juryman to the United States district court. There were twenty in- dictments for murder, resulting in but one con- viction-that of a soldier who had killed his lieutenant. Sixteen different persons were in- dicted who had participated in a charivari, which resulted as so many of those things do. The two ring leaders broke jail and left for Canada. At Green Bay, they got a job of mak- ing shingles and having been supplied by their employer with provisions, blankets, etc., it need not be said that they did not stay long in their shingle camp.
"At this term of court, McNutt was tried for the murder of Boner on Sugar river. Van Sickle, the interpreter, being the only witness for the prosecution, his veracity was impeached by the defense, and McNutt was acquitted. Hawthorn laughs over a remark which he heard Van Sickle make after the trial-that 'they brought in that bloody Jake Hunter to swear against me, and he's as d-d a liar as I am my- self.' "
It is proper here to mention that the jurisdiction of the county court of Crawford county was afterward restored, although in no wise affecting the settlers who then lived in what is now Green county ; as they had, by the organization of Iowa county, passed under the jurisdiction of the "circuit court of the United States for the county of Iowa." The act re- storing the jurisdiction of the Crawford county court was as follows:
An Act to restore the jurisdiction and powers of the county court of the county of Crawford.
Be it enucted 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 David Irvin, the successor of . Judge Doty, was holding his office, it was thought best to better provide for the publica- tion of all legal notices in the counties of Brown, Iowa and Crawford; so the following act was passed, applicable, however, to both circuit and county courts:
An act to provide for the publication of all legal notices in the counties of Brown, Iowa and Crawford.
SECTION 1. 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 discre- tion, the nature of the case shall require it, by inserting a copy thereof in a newspaper.
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IHISTORY OF GREEN COUNTY.
SEC. 2. The provisions of the foregoing sec- tion shall not effect any application made or proceeding had as aforesaid, previous to the Ist day of June next.
Approved Feb. 1, 1833.
The Territorial circuit court, with David Irvin as judge, continued until abrogated by the organization of the Territory of Wisconsin.
David Irvin.
David Irvin was born in Albemarle Co., Va., in 1794, and was of blended Scoth and Irish par- entage. 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 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 accepted. Upon the organization of the Terri- tory of Wisconsin, he was appointed associate justice of the Supreme Court by President Jackson.
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