USA > Wisconsin > Milwaukee County > Milwaukee > History of Milwaukee from its first settlement to the year 1895 > Part 78
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William Pitt Lynde was a born worker. A life of ease would have been intolerable to him, and there is but one notable exception of his having taken a vacation. In 1867 he felt the necessity of relaxation from labor so urgently that he took a six months' tour abroad, resting while at the same time enriching his mind, in contact with dis- tinguished scenes and art products of the old world. But at length, after many years of varied usefulness had rounded a well-spent life, a final rest put an end to his earthly labors and meager recreations. An extract from the Evening Wis- consin may here be given as voieing the senti- ments of the local press on learning of his de- mise, December 18, 1885 :
"The community was shocked to-day by the announcement that William Pitt Lynde, one of the earliest and most honored residents of Mil- waukee, had died at his beautiful home on Twenty-third and Chestnut streets. Probably there is no citizen of Milwaukee who, during a residence here of over forty years, has been more deeply respected. He was honored because he was a good man, full of good deeds. He was a lawyer by profession, was one of that high-minded class who are rarely to be found at the present day. He regarded law as the most honorable of professions to settle difficulties between man and man, and not to promote litigation. His objeet was not to secure a fee, but to obtain justice alike for his client and for those with whom he was contending. Such is the character of a truly great lawyer .... For the past seven years he has lived in dignified retirement, spending his time between his books and the practice of his profession as one of the firm of Finches, Lynde & Miller, and in his declining years the affectionate respect of his fellow-citizens, incense-like, has sur- rounded him like a halo."
The bench and bar of the state paid appropri- ate tribute to his worth and abilities, and tele- grams and letters of condolence coming to his fam- ily from distinguished persons in all parts of the country testified to his fame and the strong hold he had upon the affections of those who had known him.
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JOSHUA STARK, president of the Milwaukee Bar Association, and one of the oldest members of the bar still in active practice, was born in Brattleboro, Vermont, August 12, 1828, the son of Rev. J. L. and Hannah (Gager) Stark. Both his parents were natives of Bozrah, Connecti- cut, and his ancestors on both the paternal and maternal sides were among the early colonists of New England. His grandmother Stark, who was a Miss Lathrop before her marriage, was a lineal descendant of William Hyde, who settled at Hart- ford, Connecticut, in 1630. His father, who was a graduate of Brown University, of Providence, Rhode Island, settled as a Congregational minis- ter in West Brattleboro, Vermont, in 1820, and remained there until 1839. He then removed with his family to Conajoharie, New York, where the son spent the later years of his boyhood. He obtained his early education in Brattleboro and was fitted for college at academies in Ames, Herkimer and Little Falls, New York. In 1846 he entered the sophomore class in Union College at Schenectady, New York, but being largely de- pendent upon his own resources for means to con- tinue his college course, he left college in January, 1847, and accepted the position of private instruc- tor in the family of Edward C. Marshall, of Vir- ginia, youngest son of the eminent Chief Justice John Marshall. For ten months he was employed as teacher in Mr. Marshall's family, in the mean- time keeping up with his class in college. Return- ing to Schenectady before the close of the college year of 1847, he resumed his course of study at Union College, and was graduated from that insti- tntion with honors in the class of 1848.
After his graduation he engaged to take charge of a classical school near Hagerstown, Maryland, but the death of an elder brother in 1848 induced him to change previously formed plans. In Sep- tember of that year he began reading law in the office of J. N. and D. Lake in Little Falls, New York. In July of 1850, at the general term of the Circuit Court held in Watertown, he was ad- mitted to practice. While reading law, he had devoted a part of his time to teaching school in the village academy, had served also as village clerk, and as town superintendent of schools, replenish- ing in this way his depleted purse and maintain- ing himself while fitting himself for a professional career.
In the fall of 1850, acting upon the advice of
friends he started ont for Milwaukee, Wisconsin, with the intention of locating here or in this vicinity for the practice of his profession. Ile arrived in Milwaukee, October 6th, bearing letters of introduction to Judge Levi Hubbell and Asahel Finch, and having a personal acquaint- ance with two young men then located here, whom he had known in college. Alexander W. Randall, afterward Governor of Wisconsin, who was then living at Waukesha, was one of the few residents of the state with whom Mr. Stark had any previous acquaintance. Soon after his arrival in the state he called on Mr. Randall, whom he had known in Ames, New York, and was advised by him to begin practicing law in the town of Cedarburg, Wisconsin. Following this advice he proceeded to Cedarburg, with a letter of introduction to Hon. F. W. Horn, who was at that time practicing law in the place, and who desired a partner to look after his business, or possibly to look for business while he (Mr. Horn) was in attendance at a session of the state legis- lature. That the season which followed was not ore which met his expectations, is evidenced by the fact that under date of November 29th, Mr. Stark wrote as follows to a friend :
" I have little to say of the occurrences of the past six days -- suffice it to say they have pos- sessed little interest to me, and I feel symptoms of dark days coming upon me apace. Business has not yet been enough to pay for board. What is in the future I cannot anticipate, though I am bound to hope for the best.
It is a sacrifice of no ordinary kind to abandon all the pleasures of social life, of which I am so fond, and spend a winter among foreigners, speak- ing an unknown language; but to be compelled to do so without occupation to dispel the ennui of such a condition is a trial I dread.
It is true, the deep interest I have taken in the German language, and in making up the defi- ciency I felt in knowledge of chancery practice and the principles of equity jurisprudence have oper- ated to preserve my equanimity very well thus far. But this interest, though continuing strong, cannot suffice for the employment of a whole winter. I expect I shall be gloriously blue ere many days are passed. I have fought against it manfully, and must congratulate myself upon my success in defeating its worst assaults. But the strongest defense I can comtrive must give
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way if I do not have work to do or see the pros- pect of a livelihood before me."
The above brief extracts from letters written at the time, convey, perhaps, a better impression of Mr. Stark's early struggles and trials as a Wis- consin lawyer, than any resume of his early ex- periences, which he could be induced to lay before the public at the present time.
Sorely oppressed by his necessities, and am- bitious to obtain a foot-hold in his profession, the winter which dragged along without bringing him any professional business of consequence must have tried his patience and thoroughly tested his courage and manhood. He did not, however, spend his time in idleness, and the knowledge of Wisconsin practice and the familiar practical use of the German language, which he acquired during the winter, were of material benefit to him later on.
In the spring of 1851 he removed to Milwaukee and began the practice which he has since suc- cessfully continued. Two years after his coming to this city he was elected city attorney, and in the fall of 1855 was elected a member of the Assembly of Wisconsin. He was made chairman of the judiciary committee, and also served on the committee on banking, and during the greater portion of the adjourned session in October, 1856, presided over the assembly as its speaker pro tem- pore. As a legislator, he rendered the state valuable service by securing the passage of a law compelling the Fox & Wisconsin Improvement Company to give ample guarantees for the prompt payment of the indebtedness of the state assumed by the company, and for the early completion of this improvement.
The disposition by the legislature of 1856 of the land granted by Congress to the state of Wiscon- sin in April of that year, to aid in the construction of certain lines of railroad, was supported by him, but left no taint of self-interest or corruption upon his record. As a public official he impressed himself upon the people of Milwaukee as a consci- entious and capable public servant.
In the fall of 1860 he was elected to an office which was in the line of his profession, and gave him additional prominence as a member of the bar. In the year last mentioned he was made district attorney of Milwaukee county, and held that office until the close of 1862. At the begin- ning of his term he was called upon to take action
to settle a grave controversy concerning the juris- diction of the Municipal Court of the county, established in 1859. Certain indictments for crime had been sent by that court to the Circuit Court of Milwaukee county for trial, on applica- tion of the accused for a change of venue. When these cases, in which the indictments had been found in the Municipal Court, were called for trial in the Circuit Court. it was contended by the accused that they should have been sent to another county on change of venue, and that the Circuit Court of Milwaukee had no jurisdiction to try them. The circuit judge sustained this con- tention and refused to take jurisdiction of the cases. In this serious dilemma, Mr. Stark prompt- ly petitioned the Supreme Court for a mandamus to compel the circuit judge to proceed with the trials. His argument in support of this petition was sustained, the mandamus was issned and the obstruction to criminal justice removed.
As district attorney he also rendered an im- portant service to the county in a case which was carried to the Supreme Court involving the taxa- tion of railroad property. An act had been passed by the state legislature in 1854, requiring railroad companies to pay into the state treasury a certain proportion of their gross earnings in lieu of taxes, and exempting from taxation the prop- erty used for operating their roads. This law the Supreme Court, in 1855, had held to be constitu- tional ; but the case in which it was so held was not reported. In 1862 the Supreme Court, in another case, with other judges sitting, held the law to be unconstitutional. Mr. Stark moved for a rehearing of this case, and so vigorously attacked the decision of the court that upon further con- sideration the constitutionality of the act was affirmed. Throughout his term he discharged his duties as public prosecutor with fearlessness and with marked success.
In later years he was identified with notable liti- gation, an especially important case being that known as the action of the Northern Transit Com- pany rs. the Grand Trunk Railroad Company. to recover two hundredand fifty thousand dollars for alleged breach of contract for the interchange of traffic during the years 1879 and 1880. In this case Mr. Stark appeared with Mr. G. W. Hazleton for the defendant company, and although on the first trial a verdict was rendered assessing dam- ages to the amount of one hundred and twelve
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thousand dollars, on a retrial the fictitious char- acter of the claims was exposed by him, and the judgment reduced to less than ten thousand dol- lars, including interest.
In the famous Wells-McGeoch litigation, grow- ing out of Board of Trade transactions, Mr. Stark was also chosen as counsel, and for many years past he has been identified with much of the most Important litigation disposed of by the courts of Milwaukee county. While his appearance in the higher courts has been frequent, his high standing at the bar and the esteem in which he is held by professional associates are especially evidenced by the fact that he has for many years occupied the position of president of the Bar Association of the county, his predecessors in that office having been such distinguished lawyers as Jonathan E. Arnold, William Pitt Lynde and A. R. R. Butler.
As a citizen and member of the community he has been as conspicuous and useful as he has been able and successful as a practitioner of law. From 1871 to 1873 he served as a member of the Mil- waukee School Board, and becoming a member of that body again in 1874, served the educational interests of the city faithfully for ten years there- after. For nine successive years he was president of the board, and upon his retirement both the board and the teachers of the public schools adopted commendatory resolutions. As a further mark of esteem a public reception was tendered him in the Normal School building and a banquet at the Plankinton House, at which one hundred and twenty-five persons, including representa- tives of the higher educational institutions of the state, were present. He was also presented by the principals of the public schools of Milwaukee with a certificate of life membership of the Na- tional Teachers' Association.
During all the years of his early residence in this city he was actively interested in local organiza- tions for the promotion of .musical, literary and art culture. He has served since 1885 as member of the board appointed by the Supreme Court to examine candidates for admission to the Bar of Wisconsin, and has held many other positions of trust and responsibility, which it is not necessary to mention in this connection.
An able, conservative, painstaking and high- minded lawyer, Mr. Stark has always been de- voted to his profession, and has allowed nothing to divert his attention from his calling. Nominally
Democratic, he has rarely taken an active part in politics, and has always reserved to himself the privilege of differing with his party when its policy failed to commend itself to his judgment. Good government, and honesty and efficiency in the public service have seemed to him of infinitely greater importance than party supremacy, and he has been a conspicuous figure in movements de- signed to elevate the public service. Ile prepared the bill intended to place public office and em- ployment in Milwaukee under civil service rules, which became a law by legislative act in 1895 and has been placed by the mayor of the city at the head of the commission to carry the law into effect. His religious affiliations have been with the Con- gregational Church, and his views are of a liberal character.
Mr. Stark was married in 1855 to Miss Kate Augusta Kissam, a native of New York city.
JOSEPH V. QUARLES was born in Kenosha -or as it was then called-Southport, December 16, 1843. The family to which he belonged came originally from New Hampshire, and his father, Joseph V. Quarles, Sr., was a native of that state while his mother was a native of New York state. Both his parents were among the early set- tlers of Southport and were married there when the place was a mere hamlet. The elder Quarles was the founder of the Bain Wagon Works of Kenosha, which was a notable Western manufac- turing establishment prior to 1857, at which time the financial panic brought disaster to the business and left Mr. Quarles in very straitened circum- stances. Having a thorough appreciation, how- ever, of the value of a liberal education both he and his wife made the education of their children a consideration of paramount importance, al- though it necessitated no little self-denial on their part, and Joseph V. Quarles pursued a systematic course of study in the public schools of his native town. When he was seventeen years old he was graduated from the Kenosha High School, and for the next two years engaged in school teaching and other work, carefully husbanding his earnings to defray the expenses of a collegiate course, upon which he was ambitious to enter. In 1862 he entered Michigan University at Ann Arbor as a member of the Freshman class, and at once became a conspicuous figure among his class- mates and fellow-students, being elected president
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of the class organization and selected to deliver the oration on class day of that year.
His college course was interrupted by the prog- ress of the civil war which appealed strongly to his patriotism and impulsiveness, and enlisting in the Thirty-ninth Regiment of Wisconsin Volun- teer Infantry, he was mustered into the service as first lieutenant of Company C of that regi- ment. At the expiration of his term of enlist- ment in 1864, he returned to college at Ann Arbor and was graduated in the class of 1866 with the degree of Bachelor of Arts.
After completing his academic studies he en- tered the law department of the University and devoted one year to fitting himself for his chosen profession under those favorable auspices. Having exhausted his financial resources he returned to Kenosha and continued his law studies in the office and under the preceptorship of Mr. O. S. Head, one of the old and widely known lawyers of Wisconsin. In April of 1868 he was admitted to the bar, by Judge Wm. P. Lyon, in the Circuit Court of Kenosha, and at once formed a partner- ship with his former preceptor under the firm name of Head & Quarles.
The senior member of the firm which thus came into existence, being well advanced in years and possessed of ample fortune, naturally shifted to the broad shoulders of his young partner a large proportion of the professional burdens which he had accumulated in his many years of practice, and Mr. Quarles became almost immediately one of the active practitioners at the Kenosha bar, and in the higher courts of the state. His part- nership with Mr. Head continued up to the date of that gentleman's death in 1875, and for six years of that time he served also as district attor- ney of Kenosha county. In 1876 he was elected mayor of Kenosha, and in 1877 and 1878 he was president of the Board of Education of that city. In 1879 he served as a member of the lower branch of the state legislature, and in 1880 and 1881 represented Kenosha and Walworth coun- ties in the state senate. As a legislator he was conspicuously able in debate, well informed and apt as a parliamentarian, and tireless in his devo- tion to legislative duties. That he was looked upon by his associates as a man of high character and superior ability, and was personally popular to an extraordinary degree, was evidenced in 1881 when his friends proposed to compliment.
him with an informal vote for United States Sen- ator, to succeed Hon. Angus Cameron. Mr. Quarles was in no sense a candidate for the sena- torship and had pledged his support to one of the recognized aspirants for the honor, but notwith- standing this fact the complimentary move- ment assumed such proportions, that only his em- phatic protest prevented it from becoming an organized effort to secure his election which would most likely have been successful.
His close application to professional work, com- bined with the discharge of his official duties, had the effect of impairing his health to some extent about this time, and he retired from public life and arranged to divide his professional cares and responsibilities. Removing from Kenosha to Racine he formed a partnership with John B. Winslow, which was dissolved some time later when Mr. Winslow was elected judge for the First Judicial Circuit. A year later he formed a partnership with T. W. Spence who had moved to Racine from Fond du Lac, and continued the practice under the firm name of Quarles & Spence. Later the firm became Quarles, Spence & Dyer, and still lates Quarles, Spence & Quarles, a younger brother of the head of the firm taking the place of Mr. Dyer. In 1888 the firm as thus constituted removed to Milwaukee, and has since become one of the leading law firms of this city. With a large share of the important litigation of later years, not only at this bar and in Kenosha and Ra- cine counties, but in other portions of the state and in the higher courts, Mr. Quarles has been prominently identified. He was retained by the state to assist in the prosecution of the famous Hurley bank robbery cases which resulted in the conviction of Banker Leonard Perrin and was prolific of sensational developments. In what was known as the " Horan poisoning case," and the "Elizabeth Russel" murder case, tried at Eau Claire and carried to the Supreme Court, in both of which cases be secured the aquittal of female clients charged with murder; in the Mead murder case at Waupaca in which he represented the state, in the cases of the state of Wisconsin rs. the state treasurers in which he represented one of the de- fendants, and in numerous other causes celebre he has been a conspicuous figure.
As a trial lawyer and advocate, Mr. Quarles has few if any superiors in the state of Wisconsin. The interests of his clients are guarded with jeal-
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ous care, and no effort sanctioned by honorable practice and court usages is spared to secure for them favorable verdicts. At the same time his candor and fairness in the treatment of opposing litigants, lawyers and witnesses is a notable feature of his practice. In the trial of causes he relies upon the strength of his own case, and not upon the weakness of his opponents case, for success, and nothing apparently is overlooked which will tend to strengthen his position in the case at bar. Remarkably skillful in cross exam- ination, his courteous treatment of witnesses under such circumstances wins the commendation of court and jury, while all the purposes of the cross-examination are subserved and facts are brought to light where it is possible to draw them out. In his argument of cases be is remarkably forceful, logical and eloquent to a degree which seldom fails to produce a profound impression upon courts and juries. With a broad knowledge of the law and its underlying principles, keen perceptions and great capacity for study and research, Mr. Quarles may be ranked among the best equipped lawyers of the western bar.
As a public man he has been conspicuous for his advocacy of the principles and policies of the Republican party, and that organization has had no more able and eloquent champion of its inter- ests among those who have participated in politi- cal campaigns in this state in recent years. He has also delivered many notable orations on other occasions, and outside of professional circles has become noted for his scholarly utterances and his polished and effective oratory.
Married in 1868 to Miss Carrie A. Saunders of Chicago, Mr. Quarles has three sons, one of whom graduated from Michigan University in 1891 and has entered upon the study of law in his father's office. Of the younger sons one is a student at Ann Arbor, and the other is still in the Milwau- kee High School.
WINFIELD SMITH, one of the older members of the Milwaukee bar, and for many years past, one of the leading citizens of the city and state, was born at Fort Howard, Wisconsin, August 16, 1827. His father was Capt. Henry Smith, who, at the time of his birth, was stationed at Fort Howard, he being an officer of the United States Army. Capt. Smith was a well known officer of what military men are in the habit of terming "the old army," who died of yellow fever at
Vera Cruz, Mexico, in 1847, during the Mexican War. His wife, who before her marriage was Miss Elvira Foster, was a native of New York state, but came of a New England family, and was a woman of high culture and possessed of many attractive traits of character.
Winfield Smith received careful educational training in early youth, and in his seventeenth year entered an advanced class in the Michigan University, from which institution he was grad- uated in the class of 1846. As a student, he was noted for his love of the sciences of physics and mathematics, and was also a good classical scholar, and a linguist of especial proficency in the French and German languages.
Immediately after leaving the University in 1846, he took charge of a private school at Monroe, Michigan, which had been his home since 1833. A year later, he began the study of law, while acting as private tutor to a few advanced scholars, and in 1848 entered the law office of Judge Isaac P. Christiancy to complete his pre- paration for admission to the bar. He remained in Judge Christiancy's office until 1849, when he removed to Milwaukee, and entered the office of Messrs. Emmons & Van Dyke, then among the" leaders of the bar of this city. In 1850 he was admitted to practice in the Supreme Court of Wisconsin, and in 1851 opened an office in Mil- waukee, and practiced alone until 1855. In that year he formed a partnership with Edward Salomon-afterward governer of Wisconsin- which continued for fifteen years, and until Gov. Salomon's removal to New York city.
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