USA > Wisconsin > Milwaukee County > Milwaukee > History of Milwaukee from its first settlement to the year 1895 > Part 65
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It is probable that among all the worthy pio- neers of Milwaukee, there has been no other man who was so closely and for so long a time identi- fied with the municipal affairs of the city, or who had more to do with shaping the government of the city as it exists at the present time. Origi- nally an old line Whig in politics, when the Re- publican party was organized he became a zealous member of that organization, and always inter- ested himself actively in advancing its principles and policies. In 1888 he was a distinguished figure in the national Republican convention held in Chicago, at which he was the oldest person present. At that time he was eighty-eight years of age, of striking appearance, and was kindly re- garded by the great mass of younger men in
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attendance at the convention as one of the patri- archs of the party, still in full sympathy with its principles and purposes, and fired with almost youthful zeal in his desire for its success in the then approaching campaign.
Mr. Prentiss was practically the founder of the " Pioneer Association," which was formed in 1877 as an outgrowth of the "Old Settler's Club" of Milwaukee. He took an active interest in all the gatherings of his old associates and contemporaries, and appeared last in public at the annual banquet of the Pioneer Association, given at the Plankin- ton House February 23, 1891. His death oc- curred November 10, 1892, and when he passed away the fact was generally recognized through- out the state that one of the most interesting and useful men who had settled in Wisconsin during the pioneer period, had gone to his reward. A strong, well-balanced, self-reliant, capable and honest man, as public official and private citizen he was alike esteemed, revered and loved by his fellow-citizens of Milwaukee, and throughout the state of Wisconsin.
Married in 1833 to Miss Eliza Sands, of Saco, Maine-who died in Milwaukee in 1857-he had by this union six children, three sons and three daughters. One son and one daughter died in 1872, and another son has died since that time. Two daughters, Mrs. Helen E. P. Jenks and Miss Sarah E. Prentiss, still reside in Milwaukee. The only surviving son is now a resident of Chicago.
CLARENCE SHEPARD was a pioneer of Milwaukee who survived the great majority of his contemporaries and who was conspicuous during his later life for his physical vigor and the ease and grace with which he carried the burden of years. He was born in Cobbleskill, Schoharie county, New York, August 5, 1810, and was a descendant of Ralph Shepard who came to this country from England in the ship " Abigail," in 1635.
Hosea Hamilton, grandfather of Mr. Shepard, was a surgeon in the Colonial army during the war of the Revolution and a personal and political friend of George Washington. Mr. Shepard's father was a physician who educated him for a commercial career. After leaving school his life was spent at Danville and Bath, New York, and in the last named place he was engaged in busi- ness as a hardware merchant prior to his removal to Milwaukee in 1843.
When he came to Milwaukee he established his homestead on Oneida street and lived there con- tinously until his death. One wing of the old homestead, which is still standing on the opposite side of Oneida street from the court-house, was built in 1832, and is probably the oldest structure in the city. Soon after coming here Mr. Shepard associated himself in business with James Bonnell and Henry Williams under the firm name of Shepard, Bonnell & Williams, and later joined with his brother under the firm name of Sidney Shep- ard & Company in the hardware trade. In a short time the style of the firm was changed to Clarence Shepard & Company and of this establishment Mr. Shepard was the head as long as he remained in active business. He belonged to the old school of merchants, and the generation which grew up around him cherishes pleasant memories of his courtesy and kindly consideration, for which he was not less noted than for his correct business methods, his probity and moral worth. With cheerful views of life, he lived always in the sun- shine, and when the cares of business were laid aside, he grew old gracefully, devoting the later years of his life to travel both in this country and abroad.
Eight years before coming to Milwaukee-in 1835-he married Miss Mary Fowler, a native of the village of Bath, New York, whose father had come to this country from London, England, some years earlier. Socially Mr. and Mrs. Shepard soon became prominent among the pioneers of Milwaukee, and interested themselves in philan- thropic, educational and church enterprises. In founding and building up the Milwaukee Orphan Asylum, Mrs. Shepard was a leading and earnest spirit and her noble work in this behalf entitles her to the lasting gratitude of its beneficiaries and of those as well who take pride in the charitable institutions of the city. For thirty years she was associated with others in the conduct and manage- ment of this institution and for twenty years she held the office of president of the Board of Trus- tees, a position which she was filling at the time of her death in 1888.
Both Mr. and Mrs. Shepard were Presbyterians in their religious faith and members of Immanuel Presbyterian Church, to the upbuilding of which they contributed their share.
Mr. Shepard died suddenly September 20, 1892, on board the steamer "City of Paris"-on which
J. u. u Hadto
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he was returning from a summer's sojourn with other members of his family, in Europe-the day before the vessel landed in New York. Of a family of eight children, two sons and two daughters are the surviving representatives of these worthy pioneers of Milwaukee.
JACOBVAN VECHTEN PLATTO was born in Schenectady, New York, January 17, 1822. He is the son of Frederick and Bathsheba (Chapman) Platto, well known and much esteemed among the early settlers of Schenectady, and was brought up under circumstances favorable to the development of vigorous and self-reliant manhood. His father, who was a master-builder, was a man of broad common sense, good judgment and first rate busi- ness ability, upright and honest in the conduct of his affairs, kindly in his instincts and in all re- spects a worthy citizen. He removed from Sche- nectady when the son was six years old to Albany, New York, and as a builder was engaged there in the construction of some of the public buildings of the capital city.
J. V. V. Platto grew up in Albany and obtained his education in the public schools of that city. When he was sixteen years old he entered the of- fice of Judge Rufus Peckham, famous among the lawyers of New York state at that time, as a law- yer's clerk and student, and devoted the next four years of his life to a study of the law in connec- tion with the various duties which he was called upon to perform. His association with the emi- nent jurist and lawyer, Judge Peckham, was profitable from the educational standpoint and ex- ceedingly pleasant in other respects. In this in- stance the intelligent student and faithful and industrious clerk won the approbation and esteem of the courteous and kindly lawyer, and the rela- tionship was one of which pleasant recollections were cherished in later years. In connection with his law studies Mr. Platto gave special attention to book-keeping while employed in this law office, and becoming very proficient in what was then a comparatively lucrative calling, immediately after his admission to the bar, in 1843, he went to New York and for two years held the position of book- keeper in a large wholesale dry goods house in that city. He was engaged in commercial business in the East until 1848, when he came to Milwaukee and became interested in the wholesale liquor trade to which he gave a large share of his attention for several years thereafter.
Successful in his business ventures, he accumu- lated the nucleus of a fortune before he turned his attention to active practice of the law; and it was not until he felt that he could devote himself to his profession without jeopardizing the comfort of his family, if his labors in this field did not at once prove remunerative, that he opened a law office and announced his intention of devoting himself to what had long been his chosen calling. It was about the year 1856 that he first became recognized as an active member of the bar, and only a few years later he attained special promi- nence by his able conduct of a case which was one of the causes celebre of that period.
Many of the older residents of Milwaukee have a vivid recollection of events incident to the arrest and trial of George P. Shelton, a negro, for the killing of an Irishman in this city in 1860. Race feeling ran high, and while it was generally con- ceded that a good defense could be made for Shel- ton, there was an indisposition on the part of members of the bar to place themselves in a posi- tion antagonistic to the sentiment which pervaded the Irish portion of the city's population. Even the lawyers of strong anti-slavery sentiments hesi- tated to champion the cause of the black man in this instance. When Mr. Platto was appealed to, however, to defend Shelton, his chivalrous nature was aroused, and he assumed the responsibility of conducting the case, although he had previously avoided rather than invited criminal practice. Investigation convinced him that his client had acted entirely in self-defense in the encounter in which he had engaged, and that he was guilty of no crime for which he should suffer punishment. The prosecution of the case was in the hands of Hon. Joshua Stark, who was then District Attor- ney of Milwaukee county; and inasmuch as the county was under an expense of five hundred dol- lars a day in guarding the prisoner from mob vio- lence, he urged Mr. Platto to prepare for an early trial. Acceding to this request, he entered upon the trial of the case within a few days after he had agreed to become the defendant's attorney, and his able championship of the rights of the accused Negro not only won for him the com- mendation of the bar, but carried conviction to court and jury, and secured the acquittal of his client.
The brave stand which he took for right in this instance, his courageous and fearless espousal of
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an unpopular but righteous cause, and the zeal and ability which he exhibited in the conduct of this case, established his standing at the bar, and from that time on he had no lack of clients. At a later date he was conspicuously identified with the famous Rowan murder case, in which he appeared for the prosecution, but preferring the civil prac- tice he practically abandoned the criminal prac- tice in which he had achieved such signal success early in his career.
Studious, industrious, conscientious and watch- ful of the interests of clients, able in the prepara- tion and presentation of his cases, fair minded and honorable in the trial of causes, he became recog- nized early in his professional life as a capable and successful practitioner, a safe counselor and a thoroughly well-informed and well-equipped lawyer.
In the conduct of his private business, Mr. Platto has been one of the most sagacious and successful of the older members of the Milwaukee bar. His commercial training in early life may have had much to do with making him a success- ful man of affairs, but in any event his familiarity with approved business methods and with the laws governing the development of trade and commerce, and the upbuilding of new communi- ties, was made manifest in his judicious invest- ments of the small accumulations of his early life. Whatever could be spared for investment went to the purchase of real estate, and a handsome fortune has been the result of this wise action. In 1849 he purchased a block of ground on Eight street, near what was then Spring street-now Grand avenue -and built a little home there, into which he moved with the young wife to whom he had been married in New York state in 1843. Mrs. Platto, who before her marriage was Miss Mary Whit- ney, being always in full sympathy with the aims and purposes of her husband, contributed her full share to the building up of a happy and prosper- ous household, and on the same spot on which they located in 1849, they still continue to reside. A family of one son and two daughters have grown up about them, a handsome residence long since took the place of the unpretentious cottage of the pioneer period, and the domestic life of Mr. and Mrs. Platto has been of the ideal kind.
Affiliating with the Democratic party, Mr. Platto has been a conservative in politics, and, while taking an active interest in public affairs,
has cared little about figuring as a public official. The only elective office which he has held, so far as the writer of this sketch is informed, was that of representative in the General Assembly of Wisconsin in 1861-62. As a legislator he took rank among the able and influential members of that body, and some of his public utterances at that time attracted marked attention. An elo- quent and attractive public speaker, he has deliv- ered many notable orations, and his courtly bear- ing and charming cordiality of manner, have made him a conspicuous figure in any company in which he appeared.
DON A. J. UPHAM came to Milwaukee, a scholarly and accomplished young man, to begin the practice of his profession, in 1837, and his pro- fessional and public life covered a period of more than thirty years. He was born in Weathersfield, Windsor county, Vermont, on the 31st day of May, 1809. His father, Joshua Upham, occupied the homestead and farm in the valley of the Con- necticut river that was first located by his grand- father, William Upham, at the close of the Revo- lutionary War, and which now has been in posses- sion of the family for nearly one hundred years. The family is one of the oldest in New England. About twenty years ago the late Dr. Albert G. Upham, of Salem, Massachusetts, compiled and published the genealogy of the Upham family, in which he distinctly traced the ancestors of William Upham back to John Upham, who emigrated from the west of England and settled in Malden, near Boston, about sixty years after the first land- ing of the Pilgrims at Plymouth Rock.
The Upham genealogy, edited by Capt. F. K. Upham, and published in 1892, contains a full his- tory of this family, and shows the descent from John Upham of nearly all persons bearing the name of Upham in the United States. *
The father of D. A. J. Upham, when he became sixteen years of age, asked him if he could deter- mine on what business or profession he would select, with a determination to follow it for life. After some deliberation he chose the profession of law. Ile was then immediately sent to the pre- paratory school at Chester, Vermont, and after- ward to Meriden, New Hampshire, and at the age of nineteen he entered the sophomore class at
* See page 253 of this book for the descent of Don A. J. Upham from the original John Upham.
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Union College, New York. The late Dr. Eliphalet Nott was then president of that institution.
He graduated in 1831 with the highest standing in a class of about one hundred. In the Septem- ber following he entered the office of Gen. James Tallmadge, in the city of New York, as a law student. After remaining in this office about six months he found that it would be necessary in some way to raise means to complete his educa- tion as a lawyer. On the recommendation of President Nott he was appointed assistant pro- fessor of mathematics in Delaware College, at Newark, in the state of Delaware. He held this position for three years, during which time he wrote editorials for the Delaware Gazette, then the leading Democratic paper of Delaware, and at the same time he had his name entered as a law student in the office of the Hon. James A. Bay- ard, of Wilmington, Delaware, late United States Senator from that state.
In 1835, after attending a course of law lec- tures in the city of Baltimore, he was admitted to the bar and commenced the practice of law in the city of Wilmington. He was elected city attorney of Wilmington in 1836. From 1834 to 1837 he was editor and proprietor of the Delaware Gazette and American Watchman, published at Wilmington. In the meantime his attention had been called to the growing settlements in the far West.
After the close of the Black Hawk War, it was said a place called Chicago would soon be a com- mercial point of importance. In 1836 the terri- tory of Wisconsin was organized, containing within its limits the territory now comprising the states of Iowa and Minnesota. He determined to explore the Western country, and seek a loca- tion in which to pursue his profession.
In the spring of 1837 he started for the West, and in June arrived in Chicago by the route of the upper lakes. Chicago was then a very small village and seemed to be located in an extensive marsh, the only high ground being a few acres on the lake shore, where the old fort was located.
He was not pleased with Chicago. In company with two friends he traveled through Illinois in a farmer's wagon by the way of Dixon's ferry, camping out as occasion required, and arrived at the Mississippi near the mouth of Rock river. He visited Burlington and Dubuque, now in the state of Iowa, and also the mineral regions in
western Wisconsin, and endeavored to find some conveyance east through Wisconsin to Milwaukee, but was unable to do so, and was obliged to re- turn by way of Galena to Chicago, and from there by steamer to Milwaukee. The first set- tlement in Milwaukee of any importance was made the year before. The situation and pros- pects pleased him and he finally determined to locate here.
The difficulties attending the practice of the lawyers who first settled in the territory can hardly be appreciated at this day. His first case of any importance was in the Supreme Court of the territory. At the fall term of the District Court a judgment for a large amount had been obtained against one of the most extensive dealers in real estate in Milwaukee, and his new dwelling house and a large amount of property were adver- tised for sale on execution. He applied to the young lawyer to take the case to the Supreme Court and enjoin the pending sale. It was neces- sary that one of the judges should allow the writ of injunction. Judges Frazier and Irwin were out of the territory, and there was no person who could allow the writ except Judge Dunn, who resided at Elk Grove, in the western district, about one hundred and sixty miles from Milwau- kee. There were no stage coaches or means of conveyance through the territory. The only practical way was to go on horseback through what is now Rock and Green counties, and the only track for a considerable portion of the way was an Indian trail across the prairies. He accordingly started to make the trip in this way late in November, with barely time to accomplish it.
Mr. Janes had already settled at Janesville,and the miners from the West had a settlement at Sugar River Diggings in Green county. These points he reached after having been delayed one day in crossing Rock river, from the ice and high water. He reached Mineral Point and Elk Grove without difficulty, had his writ allowed by the judge, and on his return to Sugar river found he had but two nights and one day in which to reach Milwaukee before the sale, a distance of about one hundred miles. He started East for the Janes settlement early in the evening, and as he reached the prairie he found that in places it was on fire, and with difficulty he pursued his route. As the night advanced it became dark and cloudy, and toward midnight the wind arose and a scene
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presented itself that baffled description. On reach- ing high ground the view was extensive, and the fire with the increasing wind spread in every direction. The low grounds where the vegetation had been rank appeared to be all on fire. As far as the eye could reach, and in every direction, the flames seemed to shoot up to the clouds with in- creasing violence. The night was dark and not a star to be seen. The scene was grand, sublime; it was terrific. It seemed as if the last day had arrived, and that the final conflagration of the world was now taking place. The young lawyer found himself surrounded with difficulties of which his knowledge of blackstone and coke afforded no solution, and he had at last to bring into use his knowledge of other sciences in order to effect an escape. He was lost on the prairie. After diligent search he could find no trace of the trail or track he wished to pursue. He was near half a day's ride from any habitation, and he could not ascertain in what direction he was go- ing. By keeping on the high portions of the prairie where the vegetation had been light, and which was mostly burnt over, he could remain in comparative safety, but to cross the ravines or low ground, was impossible, or attended with the greatest danger. For several hours he wandered in various directions without knowing where he was going. At last the clouds seemed to break away at one point and stars became visible.
The question was to determine to what constel- lations they belonged. He was not long in doubt, for two clusters of stars appeared, which he rec- ognized as well-known Southern constellations. He knew these stars must now be near the meridian, and at the extreme south. By keeping them at the right he was now able to pursue a course as far as practicable in an easterly direc- tion, and at last reached Rock river, about two miles south of Janesville.
He now had one day and night in which to reach Milwaukee, a distance of about sixty miles. With a worn out and jaded horse, this was ac- complished with great difficulty. He arrived about one hour before the sale, to the astonish- ment of the opposing counsel and great joy of his client, who had long been anxiously awaiting his arrival.
Such are some of the incidents that attended the practice of the profession in the early settle- ment of Wisconsin.
The following year the government lands were brought into market, and the most important business of the lawyers was in proving up pre- emptions to important locations, the sites of future towns and cities. Ile was employed in the im- portant case of Gilman vs. Rogan, before the land office, in proving up a pre-emption to the site of the present city of Watertown, and also, among others, in obtaining a pre-emption to the land where the city of Beloit is located. After the set- lers had obtained titles to their land the practice was not essentially different from that in the older states.
Mr. Upham was not a politician in the true sense of the word. He had no taste for the bitter- ness, animosity and personal abuse that prevailed in the party contests at that time. He filled, however, some important political positions. He was several times a member of the Territorial Council at the earliest sessions of the legislature at Madison. He was a member of the first con- vention that was called to form a constitution for the state of Wisconsin, and was elected president of that convention. He was nominated by the Democratic party for governor of the state as the successor of Gov. Dewey. He took no active part in the canvass. The contest was very close and bitter, from dissensions in the party, and the re- sult doubtful, but the state canvassers then at Madison declared his opponent elected by a small majority. He was twice elected mayor of the city of Milwaukee, being the successor of Juneau and Kilbourn. He was afterward appointed United States Attorney for the district of Wis- consin, an office which he held for one term of four years. After thirty years' successful practice in Milwaukee he was compelled by ill-health to re- tire from the profession.
He was married in 1836 to Elizabeth S., daughter of Dr. Gideon Jaques, of Wilmington, Delaware. The Jaques family was one of the oldest in New Jersey, and descended from the first French Huguenots that came to this country. Mr. and Mrs. Upham had five children, the eldest of whom is Col. John J. Upham, of the United States Army. His eldest daughter, Carrie J., is married to Col. George H. Raymond of Smyrna, Del- aware, the second daughter, Addie J., is the wife of Henry B. Taylor, Esq., merchant of Chester, Pennsylvania, and the youngest, Sallie J., is the wife of George B. Ransom, of the United States
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Navy. The youngest son, Horace A. J. Upham, is a graduate of the University of Michigan, and a member of the legal firm of Wells, Brigham & Upham, of this city.
At the close of the late war Colonel Upham, on his return from a trip to Europe, brought home and presented to his father an astronomical telescope of large power, that had then just been introduced into England. It is portable and in- tended for private libraries. With the aid of this instrument his father for several years thereafter, as his health and time would permit, reviewed his early astronomical investigations, informing him- self of the progress made in that science during the last forty years, and verifying to some extent the computations made annually at the Astronom- ical Observatory at Washington. Mr. Upham's life, although not characterized by any remark- able events or achievements, was a useful and honorable one, and noted for great industry and activity. He discharged all the duties devolved upon him as a lawyer and legislator with marked ability and integrity. As a citizen he was public- spirited and patriotic. In his social relations as husband, father and neighbor his conduct was not only exemplary, commanding respect, but it was characterized by affection and kindness and by genial intercourse with friends and neighbors. He was in all respects a well-bred, accomplished gen- tleman, and his impress is visible in his family. Mr. Upham died in Milwaukee, July 19, 1877, and rests in Forest Home Cemetery.
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