History of Milwaukee from its first settlement to the year 1895, Part 81

Author: Conard, Howard Louis, ed. cn
Publication date: 1895
Publisher: Chicago and New York, American Biographical Publishing Co
Number of Pages: 840

USA > Wisconsin > Milwaukee County > Milwaukee > History of Milwaukee from its first settlement to the year 1895 > Part 81

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The Newton family history dates back to 1647, when Roger Newton, who married a daughter of the famous Rev. Thomas Hooker, founder of the Connecticut colony, settled at Farmington, Con- necticut, to become the first minister of the gospel in that colony. At a later date he went to Mil- ford, Connecticut, and was the second clergyman who located in that place.

Dewitt Davis was born in the town of Wood- bridge, a few miles distant from New Haven, Jan- uary 31, 1833. He was brought up on a farm of the typical New England kind, which could only be made to support a family when industry and econ- omy on the part of all the members of the house- hold were recognized as cardinal virtues. In early boyhood, and until he was about eighteen years of age, his time was divided between farm labor and attendance at the public schools of his native town. Having an ambition to obtain what in those days was termed "a liberal education," he left the farm to become a student at Wesleyan University, and being partially dependent upon his own resources, he taught school at intervals to obtain the means necessary to defray his ex- penses while in college. Before completing the full college course he quitted the University to become principal of an Academy at Warren, Pennsylvania. He remained at Warren a year, and while there began the study of law under the preceptorship of Hon. Glenni W. Schofield, who achieved distinction during the war period, as a representative in Congress from Pennsylvania, and later as a judge of the court of claims at the national capital. From Warren, Mr. Davis came to Milwaukee at the instance of (. K. Martin, with whom he had been intimately acquainted as

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HISTORICAL AND BIOGRAPHICAL.

a student at Wesleyan University. Martin, who had come here a year or two earlier, retired at that time from the position of principal of the old Fourth Ward school, and Mr. Davis became his successor. His connection with the city schools in this capacity, continued three years, and at the end of that time he entered the law office of Butler, Buttrick & Cottrill, where he completed the course of study necessary to qualify him for admission to the bar. He was admitted to prac- tice in the fall of 1861, and at once formed a partnership with Hon. Frederick W. Pitkin-at a later date governor of the state of Colorado- under the firm name of Pitkin & Davis. In 1863, Walter S. Carter, who has since achieved unusual distinction as a lawyer in New York city, became a member of the firm, and this co-partner- ship continued until 1865, when Mr. Pitkin re- tired from the association. The firm of Carter & Davis continued in existence until 1869, when Mr. Carter withdrew, and Mr. Davis associated with himself as junior partner, James G. Flanders, tben a young lawyer of rare promise, who has since fully realized the expectations of his friends. In 1875, Hon. A. R. R. Butler became a member of the firm, the style of which was changed to Butler, Davis & Flanders, and this as- sociation continued a year or more, the partner- ship being dissolved in 1876. Mr. Davis continued the practice alone for a time and then with one or two changes of partners until 1881, when the impairment of his health, resulting from close ap- plication to professional work, caused him to re- tire fromn active practice. His professional career may be said, therefore, to have covered a period of twenty years, and during that time no member of the Milwaukee bar devoted himself more faith- fully and conscientiously to the interests of his clients. A capable, well-read and well-informed lawyer, he was especially successful in the con- duct and management of commercial law business, and during the later years of his practice he had a large patronage of this character. Regarded always as a candid, judicious and safe counselor. he took rank among the abler lawyers of the bar also ia the careful preparation of his cases and comprehensive knowledge of the law involved in litigation with which he was identified. Honor- able in his methods of practice, and courteous in his treatment of his fellow practitioners, his rela- tion to the bar during his long connection with it,

has been such as to leave a pleasing impress upon his professional associates and contempo- raries.

In all the other relations of life, as well as in the field of professional labor, his career has been such as to win for him the kindly regard and high esteem of the community with which he has been so long identified. Never an active partisan, he has been a pronounced Republican in his political affiliations since the organization of that party. The first office he ever held was that of member of the School Board in the early sixties, and in 1864 he was elected a member of the lower branch of the general assembly of Wisconsin. IIe was the only Republican elected to any office of con- sequence in Milwaukee county that year, and the result was a somewhat flattering testimonial to his personal popularity. At a later date he was prominently mentioned in connection with one of the local judgeships, but the condition of his health at that time prevented him from giving serious consideration to this suggestion of his friends.

As president of the Young Men's Library Asso- ciation and chairman of the lecture committee for a period of two years, Mr. Davis rendered a valuable service to the city, through his activity in promoting two successful lecture courses which were not only important educational enterprises, but brought to the association considerable fonds with which books were purchased for its valuable library which constituted the nucleus of the pres- ent public library.

In 1863 Mr. Davis made a unique trip across the Atlantic, sailing from this city on the "Hanover," a vessel built and loaded here. Ile sailed on this vessel as super cargo and was six weeks making the voyage to Liverpool. After spending some time abroad he came back by steamer, the trip be- ing a most enjoyable one and one to which some historic interest attaches.

During the later years of his life he has de- voted much of his time to travel and literature. He is much interested in educational matters and is at present one of the trustees of Milwaukee College.

CHARLES E. DYER first became well-known to the bar of Milwaukee as a judge of the United States District Court, although he had previously practiced his profession many years in a neigh- boring city, and in the course of his practice had

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HISTORY OF MILWAUKEE.

not infrequently appeared in the courts of this city. He was born in Cicero, Onondaga county, New York, October 5, 1834, and is the son of Dr. Edward G. Dyer, who removed from New York state to Wisconsin in 1839. Dr. Dyer first visited Wisconsin in 1836, when he left Chicago on foot, and following the Indain trail northward along the lake shore, found here and there a white settler who extended to him the hospitality of a primitive homestead. On this trip he slept one night in a settlers' shanty on the bank of Fox river, on the sight of what afterwards became the village of Burlington, in Racine county, and three years later he removed his family to the little settlement which had sprung into existence there. He was the first physician to settle in that community and for many years engaged in the active practice of his profession, becoming widely known among the pioneers of Racine and adjoining counties. His wife was Miss Ann Eliza Morse before her marriage, who came of New England ancestry, her father, William Morse-who resided during the later years of his life in Ohio-having been a native of Massachu- setts. Both Dr. and Mrs. Dyer lived to an ad- · vanced age, and were witnesses of the wonderful development of the half century following the first settlement of Wisconsin.

As a boy, Charles E. Dyer attended the pio- neer schools of the neighboroood in which he grew up, and his course of study in those schools was supplemented by home training and instruc- tion which gave him some knowledge of the higher mathematics and Latin, as well as of the common English branches. When he was sixteen years old he left home and went to Chicago to learn the printers' trade, becoming an apprentice in the office of the Western Citizen. At the end of a year he reached the conclusion that he should not be satisfied to follow the printers' busi- ness permanently, and went to Sandusky, Ohio, where Rice Harper-a friend of the family, who treated him with much kindness and consider- ation-was then living. Harper, who was at that time clerk of the Common Pleas Court of Erie county, gave him a clerkship in that office, and while serving in that capacity he acquired his first knowledge of courts and court practices. Natur- ally a student, he embraced the opportunity afforded him at that time to pursue an advanced course of study during his spare hours, and under

private tutorage familiarized himself with the classics and higher mathematics.

While serving as a printer's apprentice he had acquired a knowledge of stenography, or as it was then called "shorthand writing" and this know- ledge he afterward turned to good account in reporting speeches and keeping a record of court proceedings. While he was employed in the county clerk's office he formed the acquaintance of Judge Ebenezer Lane, a distinguished lawyer and jurist, who at one time sat upon the supreme bench of Ohio. Judge Lane took a great inter- est in the young clerk and advised him to read law, tendering him the use of his own large and well selected library. Acting upon this sugges- tion he entered the office of Lane, Stone & Lane, of which Judge Lane was at the head, and pursued a course of reading under the special guidance of William G. Lane, son of Judge Ebenezer Lane, upon whom judicial honors were also conferred in later years.

Admitted to the bar in 1857, Mr. Dyer immedi- ately entered into a partnership with Walter F. Stone, later a judge of the Supreme Court of Ohio, and practiced his profession in that state one year. Having a strong liking, however, for Wisconsin he returned to this state in 1859 and established himself in practice at Racine. He made a good impression upon the bar of Racine and in 1860 and 1861 served as city attorney of that city. For several years he practiced successfully alone in Racine, and then formed a co-partnership with Henry F. Fuller, which continued in existence up to the time of his appointment as a judge of the United States Court. In 1867 and in 1868 he served as a member of the legislature of Wiscon- sin where he distinguished himself as a careful, and conscientious legislator, but prior to the time he took his place upon the district court bench, he had held no judicial position. 'He had, how- ever, given marked evidence of the judicial cast of his mind, and of such high character and integrity that his appointment to the bench by President Grant commended itself to those who had a knowledge of his attainments and abiliity.

Beginning in 1875, his term of service as a United States district judge covered a period of thirteen years, and no man ever sat upon the bench in Wisconsin whose judicial acts were more generally approved and commended by both the bar and the public. His well trained mind and

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methodical habits had enabled him to perform a prodigious amount of work as a practitioner, and he carried into the examination of causes as a jurist, the same industry and intense application. An accomplished and able lawyer, he left the ranks of practitioners, to achieve distinction as a just and upright judge, and in 1888 resigned his position upon the bench to return again to the practice of his profession.

When he retired from the bench, he accepted the position of general counsel of the Northwest- ern Mutual Life Insurance Company, which posi- tion he has retained up to the present time and which has left him free to give attention to the betterment of his private fortune.

HUGH RYAN, a prominent member of the Milwaukee bar, belongs to the generation of younger men who have succeeded the pioneer practitioners of this city. He is a son of the emi- nent lawyer and jurist, Edward G. Ryan, at one time chief justice of Wisconsin, and was born in Racine, Wisconsin, June 14, 1847.

Soon after Mr. Ryan's birth his father became identified with the Milwaukee bar and removed to this city. The son, therefore, grew up here and obtained his early education in the public and pri- vate schools, completing it at an eastern educa- tional institution. He studied law with Attorney- General Edsall of Illinois and then went to Kansas, where he was admitted to the bar in 1873. In 1874 he was admitted to the bar of the Supreme Court of Illinois.

He practiced law for a short time in Kansas, and during that time served as prosecuting attor- ney of Rooks county. Ile came to Milwaukee in 1876, and entered the law office of Hon. Luther Dixon-who had just retired from the chief jus- ticeship of Wisconsin-and began his practice in this city in that connection. In 1878 he was ap- pointed a court commissioner and has ever since acted in that capacity, being engaged also in the general practice of his profession. Like his dis- tinguished father, he has had something of a fond- ness for journalism, and for some time was associ- ate editor of the Milwaukee Commercial Times.

Reeder Smith, as agent, of Amos A. Lawrence of Boston-who purchased from the government the land on which the city of Appleton has since been built-was the founder of Appleton, became one of the first settlers there, and the son was the first white child born in the new town. The elder Smith was a man of character and ability, who was for many years a conspicuous citizen of Wis- consin, prominently identified with various im- portant pioneer enterprises.

A. A. L. Smith was brought up in Appleton, and after attending the public schools of the city in early boyhood, was fitted for college in Law- rence University. In the fall of 1869 he entered Northwestern University at Evanston, Ill., and after taking the full classical course was gradu- ated from that institution in the class of 1872. As a student he ranked high among his associates and gave promise of the success which he has since achieved in professional life.

In addition to the prescribed course of study, in which he manifested a marked fondness for the classics, he took several special studies in the de- partment of engineering, edited the college paper two years, and was conspicuous among the under graduates of the university for his readiness in debate and his literary ability. The first prizes for oratory and English composition were awarded him in the last year of his course, and he left the university as one of the "honor men" of his class.

Immediately after his graduation he became connected with the Chicago Inter-Ocean as a trav- eling correspondent, and a few months later was made a member of the editorial staff of that paper. For two years he was engaged in reportorial and editorial work, and it was while thus employed that he began the study of law. The editorial rooms of the Inter Oceun were in close proximity to the law office of the late IIon. J. Y. Scammon who was the founder, and at that time proprietor of the paper. Mr. Scammon's large law library was opened to him through the courtesy and kindness of its owner and there Mr. Smith began fitting himself for the practice of law. Having pursued a thorough and systematic course of read- ing. he came to Milwaukee in 1874, completed his studies, and was admitted to the bar the same year. His introduction to the bar and active pro- fessional work was through the law office of Car-

AMOS A. L. SMITHI, who became a member of the Milwaukee bar in 1874, commenced the study of law in Chicago, but completed his studies in this city, and began the practice of his profes- sion here. A native son of Wisconsin, he was born at Appleton, September 8, 1849. lis father, penter & Murphy, which he entered at the solici-

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tation of the late senator Matt Carpenter. Mr. Carpenter was then absent much of the time attend- ing to his official duties in Washington, and the young attorney was given an opportunity to par- ticipate actively in the preparation of cases and the conduct of litigation in which the firm was retained. That he had admirable qualifications for the calling to which he had chosen to devote himself, soon became apparent to the public, and when he began the practice of law, two years later, on his own account, the business which came to him within a few months, was of suffi- cient volume to give him a prominent place among his professional associates. He left the office of Carpenter & Murphy in 1876, when Senator Car- penter returned to Milwaukee at the close of his first term in the United States Senate, to resume the active practice of his profession-and rented the office and library of Judge E. G. Ryan, who was then holding the position of Chief Justice of the Supreme Court of Wisconsin. Before he had practiced alone a year, however, he was invited by Senator Carpenter and Winfield Smith to join them in a co-partnership, under the firm name and style of Carpenter & Smiths. He accepted the invita- tion and the partnership thus formed continued in existence until terminated by the death of the distinguished head of the firm in 1881. Ilis part- nership with Winfield Smith was continued sev- eral years until he became associated with Hon. James G. Jenkins, now U. S. Circuit Judge, and Gen. F. C. Winkler, under the firm name of Jenkins, Winkler & Smith. When Judge Jenkins donned the judicial ermine Messrs. James G. Flanders, Edward P. Vilas and E. II. Bottum en- tered the firm and the gentlemen named composed the present noted law firm of Winkler, Flanders, Smith, Bottum & Vilas.

Ever since his admission to the bar, the profes- sional associations of Mr. Smith have been with the leading lawyers of Milwaukee, and no one of the younger members of the bar has sustained more intimate relations to the men who have been recognized leaders among their professional brethren. For many years he was the trusted confident and personal friend of Matt Carpenter, and his relations with other distinguished members of the bar have been and continue to be of the same character. These associations have been mutually advantageous, the older lawyers finding in the keen, alert, vigilant and active young lawyer

a valuable assistant, and he profiting in turn by their wisdom and experience. During the twenty years of his practice he has been indentified with as large a proportion of the important litigation occurring within that period, as any lawyer now in active practice at the bar of this city, and under all circumstances has acquitted himself in such a way as to commend him to courts, juries, and clients. With natural ability of a high order and scholarly attainments, he has combined a strict regard for professional obligations and close appli- cation to professional duties, and the result has been to establish his reputation as a lawyer of broad capacity, admirably equipped for the general practice in which he is engaged. He belongs to the class of lawyers who become devotees to their profession and although interested in politics as a Republican of pronounced views, he has evinced no desire for either the honors or emoluments of office holding, and has been a public man only in the sense that successful lawyers come to be looked upon as public men.

To the indulgence of a natural fondness for literature and art, Mr. Smith has devoted a large share of the time which could be spared from the exacting duties of his profession, and is not less conspicuous among his contemporaries at the bar, for his cultivated tastes and broad general knowl- edge, than for his ability as an attorney and coun- selor. Ilis private library is one of the finest and most extensive in the state, and he has twice been elected as a trustee of Milwaukee College for Women.

Mr. Smith was married in 1874 to Miss Francis Louise Brown of Chicago, a lady whose accom- plishments and domestic graces have made his home life as happy as his professional life has been successful.

HENRY J. KILLILEA, came to the Milwau- kee bar in 1885, and at the end of ten years of active practice has taken a place among the lead- ing lawyers of the city and state. Like two or three other members of the local bar who have achieved professional distinction, he is a native son of Wisconsin, having been born in the town of Poygan, Winnebago county, June 30, 1863. IIis father, Mathew Killilea, and his mother -- who before her marriage was Miss Mary Muray-were born in Ireland, and came to Wisconsin in 1849. They were worthy pioneers of Winnebago county, settling in what was then practically a wilderness,

Henry Killila

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HISTORICAL AND BIOGRAPHICAL.

and carving out of the forests of that region the farm upon which they still continue to reside.

As a boy, Henry James Killilea-as he was christened by his parents-was an apt pupil, fond of books and the local debating societies, and gave early evidence of the fact that the bent of his mind was toward the law. Until he was twelve years of age he attended the country schools and after. that he was sent to the graded schools of Winneconne and still later to the Normal school at Oshkosh where he was fitted for college. When not in school he did his share of work on the farm and his home training was always of the kind which inculcates the idea that industry is a cardi- nal virtue. After completing his preparatory course of study at the Oshkosh Normal School he taught school for a time at Clay Banks, in Door county, and for two years thereafter taught what is now the Oakwood High School, at Oakwood, Wisconsin. As an educator he was thorough, competent and entirely successful. Although he liked the work, it was never his intention to con- tinue teaching, but like many others he used it as a stepping stone to the profession for which he had determined to fit himself. A spirit of independ- ence led him to prefer that his higher education should be acquired through his own efforts, although his parents were in full sympathy with his aims and purposes and by no means averse to supplying needed funds.

In the fall of 1882 he entered the University of Michigan at Ann Arbor, and remained there until he had completed his law studies, graduating from that institution in the class of 1885. While in college he was a close student, and at the same time was conspicuous for his devotion to college sports. Active in all kinds of athletics. he was captain of a college foot-ball team, an enthusiastic patron of the gymnasium, and a warm advocate of the importance of physical culture. Leaving the university well equipped physically and men- tally for the professional work upon which he proposed to enter, he came at once to Milwaukee, and in the summer of 1885 began the practice of law, forming a co-partnernership with Paul M. Weil. This partnership was dissolved in 1887 and later he formed a partnership with Oscar Foebing, the firm thus constituted building up in a compar- atively short time a very large and lucrative prac- tice. At the outset of his career as a practitioner

Mr. Killilea demonstrated his signal ability as a trial lawyer. For several years he gave a large share of his attention to criminal practice, and it is doubtful if any lawyer who has practiced at the Milwaukee bar has been more uniformly success- ful than has he, in the management of this class of cases. Admirable tact, good judgment and thorough knowledge of the law involved in cases at bar have been notable among his characteris- tics as a lawyer, and as an advocate of peculiar power and effectiveness in addressing a jury he has few equals among the younger members of the Wisconsin bar. A clear reasoner, he addresses himself, in his arguments, to material points and wastes no time on matters immaterial to the issues involved. Jealous of the interests of clients and absolutely fearless in defense of their rights, quick to perceive the bearing of a proposition or the trend of evidence, he is no less skillful and resourceful as an examiner than he is forceful and eloquent as an advocate.

While he has been remarkably successful as a criminal lawyer he has also built up a large gene- ral practice, and as a counselor and advisor has steadily grown in popular favor. As one of the attorneys of the Chicago, Milwaukee & St. Paul Railway Company he has entered a field of prac- tice which gives a broad scope to his abilities, and as a corporation lawyer he promises to be no less successful than he has been in other branches of the practice.

Devoting himself conscientiously to his profes- sion, sparing himself no effort to promote the in- terests of clients and to broaden his knowledge of jurisprudence, he has declined official prefer- ment but at the same time has taken an active interest in politics. A Democrat in his partisan affiliations, he has helped to formulate the princi- ples and policies of his party in local and state campaigns for some years past, and has also not infrequently taken a prominent part in the con- duct of the party campaigns. For three years he was a member of the Democratic State Central Committee, and served three years also as chair- man of the Milwaukee County Central Commit- tee, proving himself as capable and sagacious as a political leader as he is successful as a lawyer. The only public office which he has allowed him- self to hold is that of member of the Milwaukee School Board, to which he was appointed in 1892 for a term of three years. Ile was one of the

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History of Milwaukee from its first settlement to the year 1895, Part 81

Author: Conard, Howard Louis, ed. cn Publication date: 1895 Publisher: Chicago and New York, American Biographical Publishing Co Number of Pages: 840

Author: Conard, Howard Louis, ed. cn
Publication date: 1895
Publisher: Chicago and New York, American Biographical Publishing Co
Number of Pages: 840