USA > Wisconsin > Monroe County > History of Monroe County, Wisconsin, past and present : including an account of the cities, towns and villages of the county [microform] > Part 18
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"When the announcement was made that the summons, which, sooner or later, must come to us all. had called from our midst our friend and brother. Hon. Joseph M. Morrow, it brought with it a shock inexpressibly sad. The sun, warm and bright, was pouring his flood of life and glory on field and laughing brook. on the air was the smell of roses, and in the trees the songs of birds, and all the world was beautiful, when the darkness came-a quick, sudden, endless eclipse, just after noontide. Though we often bend over the bier and look on the face of the dead, yet the do- parture of our friends at an unexpected moment shocks us indeed and overwhelms us with sorrow, and when our good and our loved ones die, the memory of their just deeds. like moonbeams on the stormy sea. lights up our darkened hearts and lends to the surrounding gloom a beauty so sweet and sad, that we would not if we could dispel the darkness that environs it.
"I hardly know of one whose death could sunder more or dearer ties : one who could leave so much behind him and a path- way lighted by a fairer radiance. A more modest. unassuming man : a finer and a truer gentleman. a better and a nobler friend
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I never knew. The more I saw and knew of him the more warmly I loved and honored him for his many noble traits. I will not indulge in what might be construed to be fulsome adulation; I will speak of him as he actually was. He was in its trnest and fullest sense a 'born gentleman.' He was conscientiously and thoroughly honest, honorable and candid in all his dealings and transactions with his fellow men, personally, financially and po- litically. He won the admiration and respect of his professional brethren by the open fairness of his contests. He attached him- self to his client and his cause with a loyalty that knew no shadow of turning. He threw his whole soul into the case on trial. IIe abandoned no cause when it lacked numbers. IIe deserted no friend in the minority. He feared no opposition when he be- lieved himself right, and he espoused no cause that he believed unjust. His manliness and fairness not only won clients, but commanded the respect of adversaries, the confidence of judges, and the admiration of the public. He was a wonderful advocate, armed with eloquence so enchanting that jurors became his cap- tives. Always frank and candid, he was utterly free from even the appearance of demagogy. Ile hated shams and despised pre- tensions. He never disappointed a friend; he never ignored an obligation; he never forfeited a confidence. His will was in- vincible ; his motives pure. Ilis purposes were definite, but exemplary and lofty. His self-respect was intense; therefore he strove for justice to others. He sought no mean advantage, being jealous of his own honor.
" 'To thine own self be true, Thou canst not then be False to any man'
"When I say, as I do with all my heart, that our dead brother whose life we commemorate today, illustrated this simple but ex- alted philosophy to which I have made reference, in all his rela- tions to life, I have said everything that need be spoken, even for the lamented dead, by the partial lips of sincere affection, and have paid to him the proudest tribute which honest merit ever won from unobsequious homage. He was a model in all the tender relations of domestic life. As a husband he was exemplary- faithful, loving and tenderly devoted to his noble and worthy invalid companion in life. In him the living have lost a kind hus- band, a tender father and faithful friend; his state a true son, but he has left them that richest of all treasures. a spotless repu- tation, the memory of earnest deeds well done. This much have
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I felt impelled to say of Joseph M. Morrow. I feel exalted that I knew him; I revere his memory; I rejoice that he was my coun- tryman."
Remarks of G. W. Woodard, of LaCrosse county-"May it please your honor : But little can be added in commemoration of Judge Joseph Morrow to what has already been said. but in view of my long acquaintance with him it is proper for me, in behalf of the bar of the county of LaCrosse and of the circuit. to join with others in moving the adoption of the memorial which has been read.
"In 1857 I made the acquaintance of Mr. L. W. Graves, then young, but a leader of the bar of this county, in trial work. and within a year or two thereafter I met Mr. Morrow, his student, and from that time on we were always firm friends. Among the elements entering into the early settlement of this part of the state, one of the strongest and most potent was the influence and power of the lawyers who gave tone and character to the bar of the circuit and of the state. Among these were Daniel Reid Wheeler, Mr. L. W. Graves, William Denison, James I. Lyndes, Alonzo Johnson. . Hugh Cameron, Angus Cameron. William 11. Tucker, Edwin Flint and George Gale. These men were then in the vigor of their manhood, well equipped for their labors, dili- gent and faithful in their duties, and loyal to the principles and traditions of their profession. Among such men at the bar of this court. and contemporaneous with many of them, and as one of them Mr. Morrow (then very young) took his place, and for many years as a trial lawyer was regarded and recognized as one of the ablest and shrewdest who ever practiced in the circuit.
"Mr. Morrow became the legal adviser of many business men in this and other communities, and I venture to assert that no man ever went from his office with advice to do anything which when done would reflect on his honor and integrity. or on the honor and integrity of the man to whom he gave it. In the per- formance of his duties as a lawyer he was honest because he believed in it, and not because of policy. The spring of success in his work was the perfect control he exercised over his powers. his complete understanding of himself, and his limitations, his minute and thorough perception of cause and effect in the art of trying cases, and his consummate skill in so presenting his case as to hide its defects and make what bore for it conspicuous. He tried a case with the ease of second nature, which makes jurors and courts oblivious to the effort and skill which can produce such effects. He was successful in his profession because of his
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knowledge of men, his taet, his honesty to his client, his fairness to his opponent, and the impression he made that he fully be- lieved, and was sincere in his belief, that his client should pre- vail. He was powerful in his profession and never struck a blow without leaving his mark. He was an acute and sound lawyer. He possessed good common sense. Ilis amiable and unassuming deportment. and his uniform courtesy made him popular and well liked. His kindness and courtesy to all was a part of himself. His industry was most untiring, and his zeal in behalf of his clients deserving of the highest praise. No man was ever found quicker than he to appreciate merit and to forgive frailty, or palliate a defect. It was part of his nature. His impulses were sympathetic. Ilis temper was good.
"After practicing in the county and circuit courts for more than thirty years, he was called to the bench by the practically unanimous consent of the members of the bar of the circuit. They knew him and recognized his merit. Ile occupied the bench for a period of about eighteen months, scarcely time to give him an opportunity to show fully what has capabilities as a judge were, but his judgment was clear and calm, and his decisions gave gen- eral satisfaction. As judge he bore in mind the doctrine of Socrates: 'Three things belong to a judge ; to hear courteously. consider soberly, and give judgment without partiality.' He was a man of his word and kept it absolutely on all occasions. In his home he developed that highest of human virtues-self-sacri- fice-and his devotion to an invalid wife was touching and beauti- ful. Ilis first and greatest impulse was sympathy. This displayed itself in a constant solicitude for the comfort of those around him, and in a thousand courtesies adorning his conduct. The work of the advocate is not enduring. It too often perishes with the occasion. Judge Morrow rests from his labors, but his mem- ory will live while the people who knew him live, and in the hearts of those who loved him."
Remarks of D. F. Jones, of Sparta-"May it please the Court : While my acquaintance with Judge Morrow does not extend over as wide a period as many of his professional brethren, it never- theless covers nearly twenty years of time, and was marked with some degree of intimacy. Comencing as a law student in his office I had unusual opportunity to observe his manners and method as a lawyer, his habits as a man, and his standard of pro- fessional ethics and conduct ; and thereafter in the active practice of the law, in almost daily intercourse, both within and without the courtroom, I observed him elosely, and he was to me a con-
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stant inspiration and an object of admiration and esteem. His natural ability, his skill as an advocate, and his engaging per- sonality won him a large clientage and made him easily one of the recognized leaders of the Wisconsin bar. For more than a quarter of a century his services were in almost constant demand, covering a large field of activity. For many years he was identified with nearly all important litigation in the western Wisconsin courts. It is speaking within bounds to say that during his long career at the bar he tried as many, if not more, cases, and tried them as well as any attorney within this state. His presence in an action was a tower of strength to his client and often brought hope to the despairing, and nerved the arm of the weak. To him life was a legal warfare and the courtroom his chosen field of action. There, amidst the clash of contending reason, he seemed to find his greatest pleasure and made his most enduring fame.
"Though eminently successful in the conduct of civil actions. trying with equal facility damage suits for railroad corporations. questions involving the complexities of tax title, and simple action of replevin for personal property; while apparently engaging with equal zest in an argument in the Supreme Court, in a trial to a jury in Circuit Court or a general scramble in justice court, it was as a criminal lawyer he made his greatest reputation. In the practice of the criminal law his triumphs were many, and there his greatest victories were won.
"While it could not be said of him, as Wendell Phillips once remarked of Rufus Choate, 'that the murderer, as he sharpened his knife for the fatal blow, first paused to inquire for the health of Rufus Choate.' yet it may be said that many an unfortunate malefactor trembling within the shadow of the penitentiary turned to him for help and found succor in the hour of need. Paradoxical as it may seem, however, even as a criminal lawyer, his reputation rests not so much upon the cases he won as the cases he lost. And for the same reason. doubtless, given by Jus- tice Ryan to Judge Dixon, in answer always sought the highest order of talent. To my mind his principal characteristics were fertility of resources, tenacity of purpose, unfailing good nature. and abounding common sense. Though not learned in the law, in the sense of the great jurists of the past. and not gifted with the charm of eloquence that warps the judgment, ravishes the ear. he nevertheless possessed a knowledge of legal principles, an intuitive sense of equity, and a mastery of the practice and pro- cedure, born of his enormous experience in the court. that frequently extricated him from desperate situations and snatched
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victory from the very jaws of defeat. And as he marshalled his reasons and massed his argument, he sometimes seemed over- poweringly eloquent to the opposing counsel in the case.
"Ilis tenacity in the trial of a case is a matter of common knowledge to us all. I can almost see him now, I can almost catch the echo of his voice as he stood before the jury. pleading for the righteousness of his cause. And when he appealed to the court for the exercise of its discretion, or contended for a de- batable principle of law, he reminded one of Jacob wrestling with the angel, refusing to let go until he had received the blessing. Ile evidently proceeded upon the theory that courts, like the kingdom of heaven, were sometimes taken by violenee.
"Ilis serene good nature impressed everyone with whom he came in contact. It was the same quality that endeared Lincoln to the people and was the predominant trait of his character. With charity toward all and malice toward none, he seemed to regard the faults and foibles of his associates with good-natured tolerance. and to pity even while he condemned. His heart was void of envy and hate. We can all recall instances in the trial of cases when the relation between counsel and court was strained to the point of breaking, and the atmosphere of the courtroom sur- charged with threatening storms, how by a timely word, a ges- ture, or a quick repartee, he cleared the air and scattered all ill feeling in a general laugh. Many times have I heard him say that he gave his client his skill and experience, but he gave no man his personal feelings. This principle governed his conduct. His quarrels he left in the courtroom, while his friendship he carried with him everywhere. And thus it happened that when he died his professional brethren felt a sense of personal loss and mourned his death with unfeigned sorrow.
"To some men are given talent, to others genius, but to few is given the saving grace of common sense. This he possessed in an uncommon measure. It marked his words and actions, and gave him broadness of mind and catholicity of spirit. This quality was impressed upon his work as a lawyer, and every case initiated and prosecuted by himself was sure to have elements of merit in law or in fact. It left its mark upon his administra- tion as district attorney of this county, an office he held so many years, and his sound judgment made him not only an ideal prose- cuting officer, but the trusted advisor of the county board. It is no disparagement of others to say that his conduct of this office is the standard whereby the people may measure the excellence of his successors and ascertain their worth. This same quality
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stamped his brief career upon the bench, and had he continued to enjoy its honors, there is little doubt that his distinction as a jurist would have rivaled his fame as an advocate at the bar.
"But he was not alone a lawyer. The same qualities that gave his success at the bar made him a conspienous figure in the field of politics, and for many years he was high in the councils of his party. He was honored with the nomination for attorney general, was chairman of its state conventions, and collector of internal revenne. And it is safe to say that had his lot been cast with the dominant political party he would have graced the halls of congress and left the impress of his ability upon our national life. As a citizen his life was worthy of emulation. He felt the duties and responsibilities of citizenship, and had a keen sense of civic pride. In all publie enterprises making toward the betterment of the people and the progress of his city, county and state, he made his influence felt. He served the village as its president, and gave seven years of his time to the schools as a member of the board. Ile was not above holding the office of supervisor of his ward. and at times sat upon the county board as one of its trusted members. And to his influence in a measure is due the beautiful edifice wherein we commemorate his virtues this day.
"In this city and county he had passed his life and among his own people he passed away. Ilis name was known to all its people, and by all he was well beloved. His form was a familiar figure on the streets, and when his death was announced it came as a shock and moistened many a cheek with tears. The com- munity was in mourning, his family in tears, and the shadow of death settled over all like a pall. For of him. as of another 3,000 years ago, could it be said, 'There was sore lamentation for a great man had fallen in our midst that day.'
"The Persian writer Laasi tells the story of three sages-a Greek. an Indian, and a Persian-who once discussed before the Persian monarch, the question, 'Of all the evils incident to hu- manity, which is the greatest?' The Greek answered. 'Old age. oppressed with poverty.' The Indian said, Pain without con- tentment,' while the Persian answered. bowing low. 'The greatest evil I can imagine, your majesty. is the conch of death withont one good deed of life to light the darksome way.' None of these evils were incident in his life. His age was not oppressed with poverty. He was not afflicted with pain and discontent. And knowing him as we do, we may confidently believe that the many noble deeds of his life, unrecorded and unknown, made luminous
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his path, even in the darkness of the valley of the shadow of death, through which he made his solitary way."
Remarks by Judge O. B. Wyman: "In the death of the late Judge Joseph M. Morrow the profession has lost a learned, a skillful, a successful and an honest lawyer; the people have lost a prominent citizen and a safe counsellor and an able advocate ; this beautiful city, that he delighted to call his home, whose streets he traveled for the greater part of his active life, and whose people he loved and served so well, has lost a warm friend, his neighbors have lost a genial associate, an enterprising and leading citizen ; his family has lost a kind and devoted husband and loving and considerate father; this court has lost one of its prominent practitioners at the bar of justice, an attorney of recognized ability and integrity, possessed of extended experi- ence and of aente legal knowledge and perception, and the senti- ments expressed in the memorial presented and in the eulogies pronounced by the gentlemen who have just spoken of his char- acter, life and memory are endorsed by the court. From a pro- fessional as well as from the popular standpoint. he was a suc- cessful lawyer.
"The masses usually judge of a lawyer's capability from his ability to make a pleasing address to court and jury, or from his readiness at retort in the trial of cases in the forum of justice. The members of our profession judge of a lawyer's ability not from his use of language alone, but from his knowledge of the law. the great system of jurisprudence that has grown through the centuries past, formed in part from long-established custom and usage, in part from legislative exactments and in part from judicial decisions, for the purpose of guarding and securing the protection of life and property to all the citizens of the common- wealth.
"The profession judge of a lawyer's ability from his knowl- edge of the intricate rules and precedents of this system by which individual rights are maintained, and wrongs are redressed by his ability to draw correct pleadings. to make briefs. and to prop- erly prepare for the trial of his case, his ability to examine wit- nesses and direct the testimony towards the controlling issues which determine the decision of the case at the trial, by his ability to eliminate from his pleadings, and from the testimony, the irrelevant and unimportant elements, and to clearly state and make prominent only the essential facts which pertain to the cause of action or to the defense, by his ability to concentrate his
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mind, his mental strength and vigor upon the case in hand, so that his client may never suffer from inadvertance or failure to fully protect his legal rights, by his ability to advise his client fully and properly before he engages in litigation, as to his legal rights and the proper course to secure the same.
"From all these considerations, as well as the ability of the lawyer to make a pleasing address, is he judged by the members of his profession in considering the question of his qualifications, ability and success as a practicing attorney, and from all these standpoints it can truly be said that the late Judge Morrow was a capable and successful lawyer. It is a matter of common ex- perience with all attorneys that they do not gain all the cases with which they are connected. In their contention for their client's cause they may sometimes censure courts and juries when the decision is adverse, still no client has just cause for complaint towards his counsel, when he has done his full duty in the man- agement of the client's case.
"In Judge Morrow's extended career as a practicing attorney he did not always succeed in gaining his client's contention. Sometimes a client after the trial had ended would have to hear the bars of the prison door grate behind him, and be shut in from freedom of life for a term of years. But such unfortunate clients had the satisfaction of knowing that all legal and honorable means had been employed for his defense during the trial as conducted by industrious, competent and efficient counsel.
"Sometimes in the defense of civil actions after the legal pro- ceedings were ended, a judgment for damages would be entered against the client for a legal liability shown to exist between the parties, but in such cases the client. if intelligent and fair- minded, well'knew that the cause had been ably defended with legal talent and ability of high rank during the litigation of the case and that the facts and law entitled the recovery against him. In the practice of his profession many legal victories were won by his untiring industry, his knowledge of the law and his wide and extended experience in the trial of cases.
"Ile was ever known to be faithful to his client's cause, faithful to his client in the office as counselor, faithful to his client and to the court during the trial of the case, faithful in upholding the dignity and high standing of the profession of the law. Ilo was successful in winning many a legal contest when opposed by able and eminent counsel. as the court records, the trial courts and our Supreme Court fully show. From a profes- sional point of view, he was truly a successful attorney. Ile is
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known to the legal profession and to the entire people of his ex- tended acquaintance, not only to have been a skilled and success- ful practicing attorney, but he is known to have possessed the judicial temperament, the legal knowledge and ripe experience which, combined, eminently fitted and qualified him to preside over the court of this circuit to the general satisfaction of the entire bar.
"He was quick to grasp the controverted points in issue in the trial of causes as a judicial officer. He was ever kind, courteous and attentive to counsel at the trial of cases during his term upon the bench, and was ever governed by that high sense of honor and fair dealing that marked his career as a lawyer at the bar. He preserved and maintained the dignity and high standing that the court has theretofore long sustained, during the terms of his eminent predecessors upon the bench. He was an honest, con- scientious, impartial and worthy judge. He possessed and culti- vated the qualities of integrity and industry in the study and practice of his profession, qualities which, more than any others, marked his success as an attorney at the bar and a judicial officer. It is a mistaken idea, sometimes entertained, that lawyers suc- veed by tricks and artifice in the practice of their profession.
"The truly successful lawyer is as high above such devising schemes as the noonday sun is high above the horizon. Judge Morrow's marked success in the profession was gained by his continued practice of fair legal methods, by honest, upright deal- ings with his clients, with opposing counsel, and with the court. Such was his character, and he has left the rich heritage of an honorable career in the practice of his profession, extending to the day of his death over a third of a century in the courts of this state.
"In his family-ever kind and attentive to a loving wife and an affectionate daughter. In the church of his choice-a frequent attendant and attentive member and a liberal supporter. In the city of his chosen home-always among the leaders in advancing popular education, public interests and publie improvements. He was publie spirited on all occasions. He watched with pride the erection of this beautiful courthouse. With others, advised with the authorities having the same in charge, and on its completion was master of ceremonies at the formal opening.
"In reply to a remark made to him concerning the substan- tial manner in which the building was built with fireproof vaults, complete in all their parts and of sufficient capacity to safely keep the records of the county for years to come, he said: 'Yes,
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