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 47

Author: Union publishing company, Springfield, Ill., pub. [from old catalog]
Publication date: 1884
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1168

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 47

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William Hull says of him: "As a lawyer, Judge Dunn ranked as one of the best. As a judge, he was as honest and impartial as a man of his temperament could possibly be. A good pleader himself, he held us all to the strict tech- nicalities of the common law practice, which then prevailed, and, although at times prone to give way to the violence of his personal feel- ings, he was generally liked and respected by the members of the bar in his district and ter- ritory. He could never forget his dignity on the bench; on the road traveling from court to court; at the stopping-places for the night; and during the sessions of the courts; he was, with his friends, at all times courteous and a gentle- man; to those whom he did not like, he could and did occasionally preserve a different course. This trait in the judge's character can only be accounted for by premising that, like all other descendants from the first families of Virginia,

the Dunns claimed to have the royal blood of Powhattan flowing in their veins, through his daughter, the historical, abused Pocahontas.

"In all places and at all times Judge Dunn never put off his dignity. One instance of this ruling trait will bear to relate. Game of all kinds was very plentiful in those early days and deer-hunting was a common pastime. Af- ter the fall terms of the courts had terminated, - on one occasion the judge, his brother Frank, a henchman of Frank's, Abe Fields, a gentleman now prominent in an adjoining State, and Mr. Hull, of La Crosse, were in camp on the Kicka- poo river, near Wayne's mill. The judge, for some canse, did not, as had been observed, take much interest in the unnamed gentleman. The second day of the hunt, the judge, a true sports- man, had killed a magnificent buck, and it had been brought into camp. The deer was hung up for dressing. Judge Dunn, with coat off, sleeves rolled up and knife in hand, had com- menced work. After a few cuts with the knife had been made, the gentleman wishing to make some remark to the judge, spoke loudly- 'Dunn?' As quick as a flash Judge Dunn stopped his work, turned facing the gentleman, and with piercing black eyes flashing lightning, re- sponded,-'Judge Dunn, if you please, sir!' After this explosion there was silence in the camp for awhile."

Although Judge Dunn continued chief jus- tice of Wisconsin Territory and judge of the first district therein until the Territorial dis- triet court was abolished by the admission of Wisconsin as a State, still there was a very strong effort made during his incumbency to have him ousted from office by certain citizens of the first district, who circulated the follow- ing petition :

To his Excellency, James KK. Polk, President of the United States.

The undersigned, citizens of the first judicial district, composed of the counties of Crawford, Grant and Iowa, in the Territory of Wisconsin, would most respectfully represent to your ex-

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· HISTORY OF GREEN COUNTY.

cellency, that many persons in this judicial dis- trict, whose practice or business brings them in contact with our court, complain that Charles Dunn, chief justice of the Territory, and presid- ing judge of our district, is in the constant habit of favoring the practice and clients of his brother, Francis J. Dann, a practicing law- yer in said district, in all rules of court, pleas, -motions and points of law, made by him, to the injury of those persons who may be so unfortn- nate as to have Mr. Dunn retained against them. Your petitioners are aware that charges of this nature cannot be sustained otherwise than by circumstantial evidence. The circumstance, therefore, on which they would rely to convince your excellency of the truth of this charge, is, that the docket of the district court of the county of Iowa alone contains over 250 causes, set for trial at the last term of court, and the brother of Judge Dunn, a very young lawyer, is retained in fully one-half of these causes. Not- withstanding the Incrative and successful prac- tice of young Mr. Dunn in the circuit of his brother, the murmurs and complaints of the members of the bar and their clients, at this state of things, might pass unheeded if Francis J. Dnnn possessed talents to warrant such success. But with abilities not above me- diocrity, there is nothing to justify so great and lucrative a practice, over older and better law- yers, but the fact of his being the brother of the judge.

Your petitioners would also represent to your excellency, that the said Charles Dunn, has, in violation of the laws of the Territory, presided in suits at law wherein his brothers have either been plaintiffs or defendants, which the records of our courts will show, in numerous instances. We would particularly call the attention of your excellency to the case of Dunn rs. Marsh, in the Crawford district court. The notorious Jef- fries, in the corrupt reign of Charles II, could not have been guilty of a more shameful prosti- tution of justice to subserve his master, than

this act of Judge Dunn to put money in the pocket of his brother.

Your petitioners would further represent to your excellency, that the said Charles Dunn, acting as judge of the first judicial district, did, in the year 1941, on the complaint of one John Dowling, of Galena, in the State of Illinois, now deceased, grant an injunction against the Bank of Mineral Point, appointing his brother, John Dunn, and two others, his personal friends, receivers to close the affairs of said bank. It is a matter of some notoriety that one of the receivers, thus appointed, boasted that they would each make at least $10,000 out of the pickings of the bank.

About the time this injunction was granted, the cashier of the bank absconded. He was pur- sued and overtaken by John Dunn, one of the receivers, and Dr. William Davidson, who took from him acceptances and bills of exchange to the amount of $70,000 or $80,000. In a news- paper publication made about the time of the arrest of the cashier, to satisfy the public mind, the receivers state that the assets taken from the cashier and other officers of the bank, inde- pendent of the bonds, notes, banking house and other property of the bank, amounted to nearly $100,000 ! In the meantime Dowling, the complainant against the bank, dies, and Francis J. Dunn obtains the administratorship of his estate in this Territory, being at the same time agent and attorney for the receivers. Act- ing thus for the plaintiffs and defendants, he holds the keys of the front and back doors of the bank ; and having at the same time associ- ated with him, in the practice of the law, D. Walter Jones, the president of the bank at the time of its failure, and having further cemented that partnership by the marriage of that person into the family, the door has been effectnally closed to all inquiry, and the affairs of the bank have been wrapped in mystery now for over four years.

During that time no expose of the condition of the bank has been made, although frequent-

JOHN A. BRANT

HISTORY OF GREEN COUNTY.

327

ly required by public meetings and otherwise, and no dividend has been made, except a private one of about $3,000, which was divided among a very small number of bill.holders, at the rate of fifty cents on the dollar, to the ex- clusion of a large body of creditors of the bank, who were not advised of the terms and condition on which that dividend would be made.

However, before this partial and private divi- dend was made there was a payment made out of the assets of the bank to Dr. William Davidson, of Grant county, one of the persons who assisted in arresting the cashier, and who held the bills of the bank to a considerable amount. It is alleged that Dr. Davidson ob- tained this payment by threats that he would make an expose of certain illegal acts of the receivers or their agent. Be that as it may, it is the opinion of legal men that the payment to Davidson, and the partial division shared by a few of the bill-holders, is a violation of the condition of the bond given by the receivers, and that the creditors of the bank conld recor- er from the receivers and their securities, if not the full amount of their claims, at least the same rate of dividend which their agent had paid to others.

But to seek justice before the presiding judge of the district, when it is known that he did not emigrate to the Territory with a character like Cæsar's wife, who is openly accused of pre- siding in cases wherein his brothers were parties, which is in direct violation of the laws, would be adding another act to the farce of jus- tice which has so frequently been enacted in this district.

If the conduct of Judge Dunn, in any public capacity in which he has acted through life, was such as to place him above the suspicion of doing a dishonorable act, the murmurs and com- plaints against him would not have the weight with us they otherwise possess.

But it is asserted that, he did, while a mem- ber of the legislature of the State of Illinois, in the

year 1839, receive from a certain Samuel Wig- gins a fee or bribe of $200, to procure the pas- sage of an act through the legislature, known as the "Wiggin's Loan ;" a more corrupt and swindling act never having been passed by any legislative body in the Union !

This rumor considered, your excellency will not be surprised that the man against whom the broad charge is brought, true or false, that he sold himself as a legislator, may on slight grounds render himself obnoxious to the suspi- cion that he is corruptible as a judge ! But there are other and graver charges against Judge Dunn, which are not based on suspicion. The proofs to sustain them are tangible and can be produced before any competent tribunal.

These proofs must serve to convince your ex- cellency that, under any circumstances, Charles Dunn, chief justice of this Territory, is un- worthy and unfit to fill his present high and re- sponsible office. They are first-

" That while holding court in the county of Iowa, at the spring term of said court, in the year 1838, Judge Dunn was intoxicated during the whole term of court. That during the said term a certain McCumber was indicted and tried for the murder of George C. Willard, a nephew of Gen. Dodge. The defendant, owing to the charge of the judge to the jury, was convicted of manslaughter, and received the sentence of the law, although from the testimony it was clearly a case of self-defense. These facts can be established by the testimony of W. W. Chapman, late United State's district attorney, Iowa Territory ; John Catlin, Esq., Madison; Moses M. Strong, Esq., Iowa county ; Thomas P. Burnett, Esq., Grant county; J. D. Selhorst, late sheriff, Iowa county ; I. T. Lathrop, late postmaster, Mineral Point ; F. Gheon, late mar- shal Wisconsin Territory, and Thompson Camp- bell, Esq., secretary of State. Springfield, Il.

"SECOND .- That at the October term of the Grant circuit court, held at Lancaster in 1838, Edward C. Oliver was indicted for the murder of John Russell, at Cassville. In the trial of

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IHISTORY OF GREEN COUNTY.

this case, after hearing the testimony, the jury retired and remained out all night. Having disagreed as to the testimony of John Allen, the principal witness for the prosecution, they came into court, and at their request this wit- ness was recalled. At his previous examination Allen was intoxicated ; on being recalled into court, he was still more so. During his re-ex- amination by the jury, the prisoner was not in court, nor had he been ordered in for that pur- pose ! The testimony of Allen on his re-ex- amination, was stronger against the prisoner than it had previously been. The jury again retired, and immediately returned into court with a verdict of guilty, against the prisoner. The counsel for Oliver then moved the conrt for a new trial. One of the grounds on which this motion was based, was that a witness for the prosecution had been recalled at the request of the jury, and was re-examined in court with- out the prisoner being present. This motion was overruled by the court, and sentence of death was pronounced on him ! A bill of ex- ceptions was then drawn up and tendered to the judge, who suffered the prisoner to be exe- cuted with this bill of exceptions in his pocket! During the whole term of this court the judge was intoxicated ; after its adjournment he was attacked with delirium tremens, jumped ont of his chamber window, and was thereby disquali- fied from attending to his official duties in Craw- ford county, which court immediately succeeded that at Lancaster. The witnesses to this out- rage on law and decency, are John S. Horner, Esq., register of the land office at Green Bay ; Ilon. Thomas S. Wilson, judge of United States district court, Iowa Territory ; Mortimer Bain- bridge, Esq., Dubuque ; John S. Fletcher, G. M. Price, J. Allen Barber, Nelson Dewey, Thomas P. Burnett and John HI. Rountree, Esqs., Grant county.

"FIRD. - That at a previous term of the Grant circuit court, Judge Dunn was intoxicated dur- ing the term of the court, and was attacked with mania a potu. The witnesses are Dr. Wood,

John S. Fletcher, Clovis Le Grand, Thomas P. Burnett, J. A. Barber, G. M. Price and Nelson Dewey, Grant county ; W. W. Chapman, Par- ley Eaton and Moses M. Strong, Esqs., Hon. Judge Wilson and Joseph P. Hoge, member of Congress from Galena, Ill.

"FOURTH .- That at a special chancery term appointed by Judge Dunn to be held at Mineral Point, in January, 1840, he was so much intoxi- cated as to disqualify him from holding the said term of court. The witnesses are Moses M. Strong, Parley Eaton and I. T. Lathrop, Esqs., and James H. Gentry, late sheriff, and John Bracken, late under sheriff of Iowa county.

"FIFTH .- That while holding a court at Prai- rie du Chien, in Crawford county, for the trial of Che-ge-wais-cum, a Chippewa Indian, indicted for the murder of Mr. Akins, an Indian trader, Judge Dunn was intoxicated during the whole term of the court. The witnesses are, the Hon. Judge Wilson, James Churchman, Esq., Galena, Ill .; Thomas P. Burnett, D. G. Fenton, clerk of the court, William Wilson, J. H. Lockwood and H. Dousman, Prairie du Chien.

"SIXTH .- That on the 23d of February, 1843, Judge Dunn having become intoxicated at a ball, spent the day in Platteville, playing cards in a grocery, with James R. Vineyard, indicted for the murder of C. C. P. Arndt, a member of the legislative council, whom he had recently had before him on a writ of habeas corpus, and released from the jail of Dane county, on bail. Witnesses: Alonzo Platt, William Davidson, Dr. Bevans, John Morrison, J. M. Gordhne and B. C. Eastman, of Grant county; and J. H. Gen try, of Iowa county.

"SEVENTH. - That at a late term of the circuit court, for the county of Crawford, at Prairie du Chien, Judge Dunn was again intoxicated dur- ing the term of the court. The witnesses are Moses M. Strong, B. C. Eastman, Thomas P. Burnett and D. G. Fenton, Esqs., and Ira Brun- son, Esq., postmaster, Prairie du Chien."

In presenting to your excellency charges of so serious and degrading a nature against the

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HISTORY OF GREEN COUNTY.

chief justice of our Territory, your petitioners are aware that they ought to be sustained by the accompanying depositions of the witnesses named, but as a majority of the witnesses are members of the court over which Judge Dunn presides, many causes operate on them to pre- vent their giving their voluntary testimony against him. We would, therefore, most re- spectfully request that you cause the records of our courts to be examined and the testimony of the witnesses named to be procured, and if they should sustain the charges herewith made against Judge Dunn, that you will, in con- formity to the opinion of the late attorney-gen. eral, the Hon. Felix Grundy, remove him from office. If, however, you should not con- cur in that opinion, and question your power to remove a Territorial judge for an open violation of the laws, and for drunkenness on the bench; then we would further request you to lay this petition before the Congress of the United States.

How extensively this petition was circulated and signed is unknown; neither has it trans- pired as to whether it over reachel the eye of the President; one thing is certain, however, if the attention of the chief executive of the Na- ion was called to it, he gave it no heed.

JUDGE IRVIN'S COURT IN GREEN COUNTY.

In so far as Green county was concerned, the administration of justice by Judge Dann ceased, as we have seen, Aug. 29, 1838. From July of the next year, until Wisconsin became a State, the county of Green, along with those of Walworth, Rock and Dane, formed the second district of the Territory, over the courts of which Judge David Irvin (of whom a bio- graphical sketch has already been given) presided.

The "district court of the United States" for the county of Green, Judge David Irvin pre- siding, held its first session in which that judge was present, on the 14th of October, 1839, at the house of Joseph Payne, ("by order of the judge, there being no court house at the county

seat,") in the town of New Mexico. Judge Irvin held his last term of court in June, 1848, the last day of the last term was June 23, of that year.

THE UNITED STATES VS. JAMES R. VINEYARD.

By far the most important and exciting criminal trial before Judge Irvin while he sat as judge of the "district court of the United States" for the county of Green, was that of James R. Vineyard for the killing of Charles C. P. Arndt, brought to this court on change of venne, from Dane county, mention of which homicide has already been made in a brief biography of Vineyard, given in the previous chapter (XI). The circumstances, in a few words, were these:

On the 11th of February, 1842, Arndt, a member of the legislative council from Brown county, had, in the council chamber, in the capi- tol, in Madison, some angry words with Vine- yard, who represented Grant county. A dis- cussion had arisen in the council on a motion to re-consider a vote by which the nomination of E. S. Baker, as sheriff of Grant county, was rejected a few days before. Arndt, conceiving himself to have been insulted, approached Vine- yard, after the adjournment, for the purpose of seeking an explanation, when the latter drew a pistol from his pocket and fired. Arndt reeled for a few paces, then sank on the floor and almost instantly expired, having been shot through the heart. It was an awful termina- tion of a long and intimate friendship. Funeral services were held at the council chamber and the remains taken to Green Bay for burial. Vineyard surrendered himself to the sheriff of Dane county, waived an examination, and was committed to jail. After a brief confinement, he was brought before the chief justice of the Territory on a writ of habeas corpus and ad- mitted to bail. Immediately after the killing of Arndt, Vineyard sent his resignation to the council, which refused to receive it or even have it read. He was at once expelled. He was indicted for manslaughter and a change of

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HISTORY OF GREEN COUNTY.

venue taken to Green county. The affair cansed great excitement throughout the Territory as Arndt was a great favorite with the people.

We copy from the court records in this county, the entries made relative to the trial:

Tuesday, October 10, 1843.

The United States r's. Indictment for Man-

James R. Vineyard. S slaughter.

Now comes the district attorney, J. W. Stewart, Esq., who for the United States prose- enteth, and moves the court for assistant counsel, which motion being considered by the court it is ordered that said motion shall not be sus- tained.

Also appeared the said James R. Vineyard by his counsel, Strong, Field & Botkin, and inoves the court for compulsory process for absent witnesses; the said motion having been argued by the counsel of the parties and the court not being sufficiently advised of and con- cerning said motion took time to consider.

Ordered that court adjourn until 9 o'clock to- morrow morning. DAVID IRVIN, Judge.

Wednesday, October 11, 1843.

James R. Vineyard adres. slaughter.

On indictment for man- The United States.

Now at this day, comes, as well the district at- torney, J. W. Stewart, who for the United States prosecuteth, as the defendant, James R. Vine- yard, by his attorneys, Field, Strong & Botkin, Esqs. And the court being sufficiently advised of and concerning the motion made herein for compulsory process, heretofore filed, doth over- rule the same. And the said defendant by his attorneys aforesaid, moved the court for leave to withdraw the plea of "Not Guilty," and file a demurrer to the bill of indictment, which mo- tion having been considered, is overruled by the court. On motion of the counsel for the defendant for a continuance of this cause, for reason set forth in affidavit of defendant on file, it is ordered by the court that said motion be overruled, to which decision of the court the

counsel for the defendant took exceptions, and filed in court their bill of exception. Ordered that court adjonrn until eight o'clock to-morrow morning. DAVID IRVIN, Judge. Thursday, October 12, 1843.

The United States Indictment for man-

2's.

slaughter.

James R. Vineyard.

This day comes as well J. W. Stewart and A. L. Collins, Esqs., who 'for the United States prosecuteth, as the said James R. Vineyard, the defendant, by Field, Strong & Botkin. And the defendant for trial puts himself upon the county, and the prosecution doth the like. Thereupon came a jury, to-wit: Thomas B. Sturges, Lewis Morton, Thomas J. Bragg, Ste- phen Mackey, Christopher Minert, Thomas L. Summers, Asa Richardson, Alexes Vanormin, James Rattan, Thomas Hinton, Peter S. Rut- ledge and William Blunt, twelve good and law- ful men elected, tried, sworn and charged well and truly to try the issue between the United States and the said defendant.

Ordered that court adjourn until eight o'clock to-morrow morning. DAVID IRVIN, Judge. Friday, October 13, 1843.

The United States Indictment for man-

James R. Vineyard. Us. slaughter.

Now comes the parties to this prosecution by their respective counsel, and the jury herein impaneled having taken the box, and the evi- dence of the parties having been examined. The court directed the sheriff to take charge of the said jury and return them into court at eight o'clock to-morrow morning.

Ordered that court adjourn until eight o'clock to-morrow morning. DAVID IRVIN, Judge. Saturday, October 14, 1843.

The United States Indictment for man-

vs.

James R. Vineyard. slaughter.

Now comes the parties by their repective at- torneys, and the jury herein having been by the sheriff conducted to the box, and the jurors of the jury aforesaid, after having heard the testi-

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HISTORY OF GREEN COUNTY.

mony as well on the part of the United States as of the said defendant and the argument of the counsel therein, and having been instructed in the law by the court, retired to their chamber to deliberate on their verdict. Thereupon the jurors of the jury aforesaid came in court, and on their oaths do say: "We, the jury, find the defendant not guilty as charged in the indict- ment."

It is therefore considered and adjudged by the court here, that the said James R. Vineyard of the charges in the indictment be discharged, and that lie go hence.

Miss Bingham, in her excellent history, has this to say with regard to the Vineyard trial:

"1843 is memorable, in the annals of Monroe, as the year in which James R. Vineyard, a State senator, was tried here for the murder of C. P. Arndt, also a senator, or councilor, as the name was then. An account of the murder reads like a telegram from Texas. An altercation arose during a session of the council, and, immedi- ately after the adjournment, Vineyard shot his antagonist in the council chamber. The jury acquitted him, and the 'acquittal was the signal for great rejoicing. Mr. Vineyard received his friends at the new Monroe House, and enter- tained them so well that they rose almost to a level with those men of Shakspeare's,

So full of valor that they smote the air

For breathing in their faces, beat the ground For k ssing of their feet.

and when the question, were you ever intoxi- cated, is propounded to the most temperate of the old settlers, it is likely to elicit the reply, 'Yes, when Vineyard was acquitted.'"

The first divorce granted in Green county was one obtained by Leroy Wait from his wife, Ellen Wait. The court record as to this di- vorce is as follows:

Thursday, April 14, 1842.

Leroy Wait

In chancery.

Ellen Wait. ) vs.

For Divorce.

Upon petition of divorce in the above entitled cause, it having been made to appear to the

satisfaction of the court that notice of said pe- tition and of the time of hearing the same has been given to the said Ellen Wait, the above named defendant, at least thirty days, and it be- ing made further to appear to the satisfaction of the court that the matters alleged against the said Ellen Wait in said petition are true. Upon hearing had before the judge of said court at chancery, there having been no issue made up to be tried by a jury, it is hereby or- dered and decreed by the court that the prayer of said petition be granted, and by virtue of the power vested in the said court, said court does hereby decree that the bonds of matrimony heretofore existing between them, the said Le- roy Wait and the said Ellen Wait, be, and the same hereby are, dissolved to every intent and purpose.

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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 47

Author: Union publishing company, Springfield, Ill., pub. [from old catalog] Publication date: 1884 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1168

Author: Union publishing company, Springfield, Ill., pub. [from old catalog]
Publication date: 1884
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1168