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 46
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Being a bachelor, Judge Irvin's residence was not necessarily confined to any locality. He always preferred southern society ; and as soon as his last office was ended, he went to St. Louis, where he remained some length of time. Ile subsequently became a citizen of Texas and a wealthy man.
Though only thirty-six years old when he first came to what was afterwards the Territory of Wisconsin, Judge Irvin seems never to have been regarded by the people as one of their number. He was free from the vices which too often, in those days, injured or even ruined some of the most promising men in the west. He was generally regarded as a fair and up- right judge, of respectable ability. The peeu- liarities of his character, and his entire with- drawal many years ago from all connection with
the State of Wisconsin, have led to numerous attempts, on the part of early settlers, to de- scribe him. "Judge Irvin," says one who knew him well, "was about six feet in height, very erect and well proportioned. IIIs hair was auburn, eyes blue, features narrow. He was not a laborious judge, but was attentive to duty, honest and upright in every particular. He was candid. and without intrigue or deception. For integrity and moral principle, he enjoyed general confidence. He was fond of a horse and a dog ; always esteeming his horse and dog the finest and best. Being a bachelor, these animals seemed to be the especial objects of his care and attention. He was fond of hunting, particularly for prairie chickens. Upon these excursions he would frequently take members of the bar with him. He was very economieal, but scrupulously just in all his dealings. He indulged in acts of kindness to his relatives, but did not show much sympathy for others. While he treated all with urbanity and respect, he did not form partienlar attachments for strangers."
A description of Judge Irvin, by the late Judge C. M. Baker, of Walworth Co., Wis., is interesting :
"He [Judge Irvin] was a Virginia gentleman of the old school. Social, kind-hearted, aristo- cratic, as became a Virginian of the F. F's, he was a bachelor with his whims and peculiarities. He was a great lover of hunting, particularly of prairie hens, in the shooting of which he was an expert. On this he prided himself ; and no one must excel him, if he would keep in his good graces. He was also learned in the knowl- edge of horses and dogs, as well as in the law. His own house, Pedro, and his dog, York, to whom he was inch attached, and whose supe- rior blood often formed the theme of his con- versation, were as well known to the bar as the judge himself. They were necessary append- ages to the judge and the court. It was said by the wags that, if one wanted to win his ease before the judge, he must praise his dog and
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HISTORY OF GREEN COUNTY.
his horse. But of truth it can be said of him that he was a lover of justice, detested mean- ness, was well grounded in the principles of the law, and was possessed of very respectable perceptive and reasoning powers. He seldom consulted law books, with which the bar of those days was poorly supplied ; but on the whole, for the times, was a fair and respectable judge."
TERRITORIAL DISTRICT COURT.
The act of Congress which provided for the organization of Wisconsin Territory, declared that the judicial power therein should be vested in a Supreme Court, district courts, probate courts and justices of the peace. Charles Dunn was commissioned chief justice and David Irvin and William C. Frazer, associate judges. The act of Congress before mentioned required that the Territory of the Wisconsin should be divided in three judicial districts. The three judges of the Supreme Court were district judges. The counties of Crawford and Iowa (a great part of what is now the county of Green being in the latter) were constituted by the Wisconsin Ter- ritorial legislature, the first district, to which was assigned Chief Justice Dunn. He also, upon the organization of Grant county, held court therein ; so, also, upon the organiza- tion of Green county, he presided at its courts, until, in 1839, it was made a part of a new dis- trict.
The record of Judge Dunn's court in Green county is as follows. :
At a district court of the United States begun and held in the county of Green, in the Terri- tory of Wisconsin, at the court house in the town of New Mexico, on the second day of April (it being the first Monday in said month), in the year of our Lord eighteen hundred and thirty-eight.
Present: The Hon. Charles Dunn, judge; George McFadden, clerk pro tem.
On motion of T. S. Wilson, Esq., James Churchman, Esq., was admitted as an attorney
and counsellor of this court, and thereupon took the oath prescribed by law.
Ordered by the court that James Churchman, Esq., be and is hereby appointed district attor- ney pro tem in and for the county of Green.
Ordered by the court that T. S. Wilson, Esq., be and is hereby appointed attorney pro tem for the Territory of Wisconsin.
Ordered by the court that Mortimer Bain- bridge be and is hereby appointed clerk of this court pro tem, vice George McFadden, who de- elines serving further.
Ordered that court adjourn until to-morrow, nine o'clock.
CHARLES DUNN, Chief Justice and Pres. in Green D. C. The court met pursuant to adjournment.
Present: The Hon. Charles Dunn, judge; and M. Bainbridge, clerk.
The sheriff produced in court his bond, with Abner Van Sant, William Bowen, Ilanson Ivon and Alfred G. Houton, securities, which was approved of by the court, and thereupon said John W. Deniston as sheriff took the several oaths of office prescribed by law.
The sheriff returned unto court the following panel of grand jurors, to wit: Elijah Austin, Amos Harris, Mordecai Kelly, Joseph Woodle, Jarvis Rattin, Hiram Rust, Thomas Bowen, William Blunt, Peter Wells, John Blunt, Mathew Wells, Joseph Kelly, Jacob Andrix, Hanson Ivon, Julius Austin and Augustus Chil- ton, who, being elected, tried and sworn, re- tired to consider the matter given them in charge. The court appointed Hiram Rust fore- man of the grand jury, who took the foreman's oath. Andrew Clarno, Bennet Noland, Joel Decamp, James Hawthorn and Peter Webb, who were returned in the panel by the sheriff as having been duly summoned, on being called came not, but made default, whereupon, on the motion of the district attorney it is ordered that a summons issue against the said delinquent grand jurors, returnable to the next term of this court to shew cause why they should not be fined for a contempt of court.
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HISTORY OF GREEN COUNTY.
Ordered that Mortimer Bainbridge be, and he is hereby, appointed clerk of the district court of Green county, Wisconsin Territory, who gave bond, with Charles Dunn, Francis Gehon, John W. Deniston, Jacob LyBrand and T. S. Wilson, securities, in the sum of two thou- sand dollars, and took the several oaths of office.
The said bond was approved by the court. The sheriff returned unto court the following panel of petit jurors, to wit: J. Whitcomb, Stephen Clarno, Henry Ator, James Campbell, William Brown, James Chilton, Robert Kirken- dall, Calvin Hale, Joseph Smith, Daniel Suther- land, S. F. Brown, Amos Bradley, Joseph Me- Cracken, G. W. Reeder, Isaac Wells, William Draper and John Chadwick.
Joseph Payne was excused from serving on the petit jury, upon cause shewn.
William Bowen was excused from serving on the petit jury, upon cause shewn.
David Sutherland was excused from serving on the petit jury, upon cause shewn.
William Bryant, Daniel Harcourt and Jona- than Roberts, who were returned by the sheriff as having been duly summoned as petit jurors, on being called came not, but made default, whereupon, on the motion of the district attor- ney it is ordered that a summons issue against the said delinquent petit jurors, returnable to the next term of this court to shew cause why they shall not be fined for a contempt of court.
The grand jury returned into court the fol- lowing indictments as true bills:
The United States es. Adultery.
Elizabeth Gage.
On the motion of the district attorney it is ordered that a copias issue to the sheriff of Green county against Elizabeth Gage, returna- ble forthwith.
The United States
Andrew Clarno. vs. Adultery.
On the motion of the district attorney it is ordered that this cause be continued until the
next term of this court, and that a capias issue Volney R. Kimbal and William
Christmas, merchants and partners trading and doing business under the name and style of
Amicable action of assumpsit.
V. R. Kimball & Co., versus Robert L. Ream.
This day came the plaintiffs by T. S. Wilson, Esq., their attorney, as also the defendant by James Churchman, Esq., his attorney, and the said Churchman, attorney as aforesaid, by virtue of a power of attorney for that purpose to him directed, appeared in open court, waived pro- cess, accepted a declaration and confessed a judgment in favor of the said plaintiffs and against the said defendant for the sum of ninety dollars and sixty-nine cents, the amount due upon the promissory note in said power of at- torney mentioned, including interest from the time the same became due, as also for costs of suit, with stay of execution until the first day of the next term of this court. Thereupon it is considered and ordered by the court that the plaintiffs recover of the said defendant the said sum of ninety dollars and sixty-nine cents, to- gether with their costs by them in this behalf expended, and that they have execution therefor from and after the first day of the next term of this court.
Volney R. Kimball Amicable Action in As- sumpsit.
Robert L. Ream.
This day came the plaintiff by T. S. Wilson, Esq., his attorney as also the defendant by James Churchman, Esq., his attorney, and the said Churchman attorney as aforesaid, by virtue of a power of attorney to him directed, appeared in open court, waived process, accepted a dec- Jaration and confessed a judgment in favor of the said Kimball and against the said Ream for the sum of one hundred and seventeen dollars, two dollars and forty-six cents the amount of interest on the first mentioned sum, from the 16th Nov. A. D., 1837, as by said power of at- torney authorized, together with costs of suit,
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HISTORY OF GREEN COUNTY.
with stay of execution until the first day of the next term of this court, thereupon it is consid- ered and adjudged by the court that the plain- tiff recover of and from the said defendant, the sum of one hundred and twenty dollars and twenty-two cents, as also his costs by him in this behalf expended, and that he have execu- tion therefor after the first day of the next term of this court.
The court adjourned until tomorrow morning, nine o'clock.
CHARLES DUNN, Chf. Jus. and Pres. Dis. G. C.
Wednesday morning, April 4, 1838. The court met pursuant to adjournment. Present, the Hon. Charles Dunn, Judge; M. Bainbridge, Clerk.
The United States
vs.
Adultery.
Elizabeth Gage.
This day came the United States by their at- torney, as also defendant by T. S. Wilson, her attorney, who moved the court to quash the in- dictment for the following reasons, viz:
Ist. The indictment is uncertain.
2d. The section of the law under which the defendant is indicted (sec 11 page 446 Michi- gan laws) does not contemplate the crime of adultery.
3d. If adultery is contemplated in said see- tion the charge is not sufficiently set forth.
4th. And for other errors and insufficiencies which motion was overruled.
On motion of this, district attorney ordered that this cause be continued until the next term of this court.
Ordered that T. S. Wilson, Esq., attorney pro tem for the United States, be allowed for ser- .vices during the present term as follows, to wit:
For three days attendance at court at five dollars per day, fifteen dollars. Traveling to court one hundred miles at five cents per mile for going, the same for returning, ten dollars; making in all twenty-five dollars. Ordered that the above allowance be certified.
Ordered that Francis Gehon, Esq., marshal for the Territory be allowed for services during the present term as follows, to wit:
For three days attendance at court at five dollars per day, fifteen dollars; for traveling to court one hundred miles at five cents per mile for going and the same for returning, ten dol- lars, making in all twenty-five dollars. Ordered that the above allowance be certified.
Ordered that M. Bainbridge, clerk of the court be allowed for services during the present term of this court as follows, to wit: For three days attendance at court at five dollars per day, fifteen dollars; traveling to court seventy miles at five cents per mile for going and the same for returning from court, seven dollars, making in all twenty-two dollars. Ordered that the above allowance be certified.
Ordered that John W. Deniston, crier to the court be allowed as follows, to wit: For three days services at two dollars per day, six dollars. Ordered that the above allowance be certified.
Ordered that James Churchman, Esq., be al- lowed as follows, to wit: For services as dis- trict attorney during the present term fifty dol- lars. Ordered that the above allowance be cer- tified.
Ordered that John W. Deniston, sheriff be allowed for three days service during the pres- ent term; that Alfred G. Houghton, deputy sheriff be allowed for three days service during the present term, and that Charles Boyles, dep- uty sheriff be allowed for two days service dur- ing the present term, and that the above allow- ance be certified.
United States vs.
Adultery.
Elizabeth Gage.
Ordered by the court that the defendant be admitted to bail in the sum of one hundred dol- lars, with two sureties in the sum of fifty dol- lars each, before any two justices of the peace in this county.
Ordered that the court adjourn until court in course.
CHARLES DUNN,
Chf. Jus. and Pres. in Green, D. C.
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HISTORY OF GREEN COUNTY.
AUGUST TERM, 1838.
At a district court of the United States be- gun and held in the county of Green in the Territory of Wisconsin, at the court house in the town of New Mexico, on the twenty-seventh day of August (it being the fourth Monday in said month) in the year of our Lord, one thou- sand eight hundred and thirty-eight.
Present -- The Hon. Charles Dunn, chief jus- tice. M. Bainbridge, clerk.
The sheriff returned into court the following panel of the grand jury, viz: Josiah Whit- comb, William Draper, Il. Irion, James Camp- bell, John Budge, Joseph McCrasken, Jesse W. Shull, G. W. Reeder, Stephen Hale, Augustus Chilton, Horace Griffin, Matthew Wells, Calvin Hale, William Woodle, Joseph Kelly, D. C. Bridge, Thomas Bowen, Adam Starr, William Rittenhouse, Joseph. Woodle, James Hawthorn, John Chadwick, Julins Austin and Henry Mi- nor, and the court appointed William Ritten- house foreman, and the said jury on being sworn and charged, retired to consider of present- ments and indictments.
Ordered that A. G. Houghton, deputy sheriff, in and for the county of Green, do attend to said grand jury and obey their lawful com- mands.
MONDAY, AUGUST 27, 1838.
The United States -
28. Adultery.
Andrew Clarno.
This day came the defendant and moved to quash the indictment herein for reason filed and the said motion is continued until tomorrow morning.
The United States 2's. Contempt.
Andrew Clarno.
The United States vs.
Contempt.
Bennett Nowline.
The United States t's. Contempt.
Joel Decamp.
The United States
08. Contempt.
Peter Webb. The United States v8. Contempt.
William Bryant. The United States
Contempt.
Daniel Harcourt.
Monday August 27th 1838.
The United States v8. Contempt.
Jonathan Roberts.
This day came the defendant in the seven above entitled causes and upon their oaths purged themselves of the supposed Contempt, alleged against them. It is therefore ordered by the court that they be severally executed and go hence without day.
The sheriff returned unto court the following panel of the petit jury, who were severally called and appeared to-wit: Joel White, James Chilton, Robert Kirkendall, John Blunt, Jona- than Roberts, Isaac Wells, Joab Enos, Stephen Bone, William Wells, Mordecia Kelly, Joseph Payne, Thomas Woodle, S. F. Brown, John Christ, Peter Webb, Peter Wells, William East- man, Jarvis Rattan, William Beard, Amos Harris, II. W. Hays, Christopher Andrick and Joseph Smith.
On the motion of T. P. Burnet Esq., N. F. Hies, Esq., was enrolled and attorney of this court.
Ordered that F. J. Dunn Esq., be and is here- by appointed United States attornes for the Territory of Wisconsin pro-tem.
Ordered that Wmn. HI. Banks Esq., be and is hereby appointed District Attorney for the county of Green pro-tem.
Monday, August 27, 1838.
I. D. Jenkins presented the appointment of Deputy Marshal for Wisconsin Territory from Edward James Esq. Marshal of the Territory.
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Ordered that court adjourn until nine o'clock to-morrow morning.
CHARLES DUNN, Chf. Jus. and Pres. in G. D. C.
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HISTORY OF GREEN COUNTY.
Tuesday, August 28th.
The court met pursuant to adjournment- present.
The Hon. Charles Dunn Chief Justice; M. Bainbridge clerk.
The United States v's. Adultery.
Elizabeth Gage.
On motion of the District Attorney this case was continued till the next term of this conrt. George McFadden
assignee of J. W. Smith, 2'8. Jacob Benninger.
This day came the plaintiff by F. J. Dunn his Attorney, and on his motion the defendant was three times solemnly called came not but made default and on the further motion of said attor- ney ordered that this cause be continued till the next term of this court.
United States
Andrew Clarno. 2'S. Adultery.
This day came as will the district attorney as the defendant in his own proper person and the motion made herein on yesterday to quash the Indictment for reasons filed was solemnly agreed, and after mature deliberation thereof it was ordered and adjudged by the court that the said motion be sustained, the indictment quashed and the defendant go hence without day.
United States 2's James Hawthorn.
Contempt.
This day came the defendant James Haw- thorn and upon oath purged himself of supposed contempt herein, whereupon it was ordered and adjudged by the court that the said defend- ant go hence without day.
Ordered that J. D. Jenkins deputy marshall be allowed for three days attendance on this court and for traveling forty miles. Ordered that above allowance be certified.
Ordered that F. J. Dunn Esq., attorney for the Territory pro-tem be allowed for three days
attendance on this court and for traveling forty miles. Ordered that the above allowance be certified.
Ordered that court adjourn until eight o'clock to-morrow morning.
CHARLES DUNN,
Chf. Jus. and Pres. in G. D. C. Wednesday, August 29th, 1838.
The court met pursnant to adjournment-pres- ent the Hon. Charles Dunn Judge; M. Bain- bridge clerk.
Ordered that Wm. H. Banks Esq., be allowed as follows, to-wit: For services as district at- torney during the pr sent term twenty dollars. Ordered that the above allowance be certified.
Ordered that M. Bainbridge be allowed for services during the present term of this court as clerk, as follows: For three days attendance upon this court at five dollars per day, fifteen dollars. Ordered that the above allowance be certified.
Ordered that J. W. Deniston crier be allowed for three attendance on the court.
Ordered that the above allowance be certified.
Ordered that A. G: Houghton constable be allowed for three days attendance on this and on the grand jury. Ordered that the above allowance be certified.
Ordered that John W. Denniston sheriff be allowed for three days attendance on this court. Ordered the above allowance certified.
Ordered that court adjourn until court in course.
CHARLES DUNN, Chf. Jus. and Pres. in G. D. C. Charles Dunn.
Charles Dunn was born Dec. 28, 1799, at Bul- lett's Old Lick, Bullett Co., Ky., which is about sixteen miles from Lonisville. He was the eld- est of a family of five sons and four daughters. and at the age of nine was sent to school at Louisville, where he remained a number of years, when he was called home and sent on a business tour to Virginia, Maryland and Wash- Tington. Upon his return home he read law a
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HISTORY OF GREEN COUNTY.
short time with Worden Pope, a distinguished lawyer of Louisville. He afterward proceeded to Frankfort and continued his law reading for about two years with the eminent John Pope, then secretary of State, and who was the first law professor in the Transylvania University, at Lexington.
Mr. Dunn, in May, 1819, went to Kaskaskia, at that time the capital of Illinois, where he completed his studies under the direction of Nathaniel Pope, district judge of the United States. In 1820 he was admitted to the bar, Sidney Breese being admitted at the same time. He then commenced practice at Jonesboro, Union Co., III. In 1821, he married Mary E. Shrader, daughter of Judge Ostro Shrader, who had been a United States judge in Missouri Ter- ritory. He remained in practice at Jonesboro for several years, and then removed to Gol- conda, Pope Co., Ill.
For two years Mr. Dunn was engrossing clerk, during two sessions of the House of Represent- atives of the Illinois legislature, and for five years its chief clerk. In 1829 he was appointed, by Gov. Ninian Edwards, acting commissioner of the Illinois and Michigan canal, and with his associates on the commission, Edward Roberts and Dr. Jane, surveyed and platted the first town lots of Chicago. The first town lots of this embryo metropolis were sold by the com- missioners on behalf of the State in the latter part of 1829, and the sales continued in 1830 and in 1831, during which years the sur- vey of the canal and railway line was made and reported.
In the early part of 1832 Indian troubles com- menced and a requisition was made upon the State anthorities of Illinois for troops to engage in service against the Indians led by Black Hawk. Three brigades responded to the call, and Mr. Dunn entered the service as captain of a company he had raised in Pope county, where he then resided. His company was assigned to the 2d regiment, which was commanded by Col.
John Ewing, and attached to the first brigade, under Gen. Alexander Posey.
Soon after, in an engagement with the Indians (what engagement is unknown) Capt. Dunn be- came the victim of a blundering mistake on the part of a sentinel, by which he was severely, and at first it was thought mortally, wounded .* On approaching the sentinel he was severely wounded by him in the groin, of course through the mistake of the soldier. Dunn was taken back to Fort Dixon, where he was confined by his wound until after the war was ended by the battle of Bad Ax.
As soon as he was sufficiently recovered, Capt. Duun returned home, and in the spring of 1833 acted as assistant paymaster in paying off the first brigade. During that year he resumed the practice of his profession. In 1835 he was elected a member of the House of Representa- tives of the State legislature, from Polk county, and was chairman of the committee on the Judiciary during the session. Upon the recom- mendation of the Illinois delegation in Congress, and the delegate of the Territory of Wisconsin, George W. Jones, he was appointed by Presi- dent Jackson, in the spring of 1836, chief justice of Wisconsin Territory. He arrived at Mineral Point, July 4, 1836, and was then and there sworn into office, which he held until the organ- ization of the State judiciary. The last term of his court was held at Mineral Point, in October, 1848.
Judge Dunn was a member of the second con- stitutional convention of the State from Lafay- ette county, and was chairman of the committee on the judiciary of that body. He took a lead- ing part in framing what afterward became and still is, the constitution of Wisconsin, Subse- quently, he was elected State senator for the district composed of the county of Lafayette. He served in that capacity during the sessions of that body in 1852 and 1853, and was chair-
*It has found its way into print that this accident hap- pened in what is now the town of Dunu, hence the name, but this is an error. - ED.
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HISTORY OF GREEN COUNTY.
man of the committee on the judiciary during both of those years.
On the expiration of his term of office as chief justice, Judge Dunn engaged in the practice of the law in Lafayette and adjoining counties. He was regarded one of the most eminent among those who were or had been in the profession, in Wisconsin. While chief justice, his judicial studies were especially onerous, as, during the greater portion of the time he was on the bench, his district, as circuit judge, was the most pop- ulous and important in the Territory, and pro- duced, it is believed, the greatest amount of litigation. His judicial and official duties were performed with rare ability, fidelity and integ- rity; and, although he had a few enemies (who has not?), he always commanded during his resi- dence of thirty-five years in Wisconsin, both in public and private life, the confidence and esteem of a very large proportion of the people. To near the time of his death, in 1872, at the advanced age of seventy-two, he continued in the vigorous practice of his profession at Bel- mont, and was, at that time, the oldest lawyer in the State.
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