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 41
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CHAPTER XLVIII. THE LEGAL FRATERNITY.
Whatever else may be said of the legal fraternity, it cannot be denied that its members have a more prominent position in public affairs than any other class of a community. This is but the natural result of the ability and training which qualify one to practice law, for this also qualifies him in many respects for duties which lie outside of the strict path of his profession and touch the general interest of society.
His training as a public speaker gives him prominence and power; the study of the principles of jurisprudence qualify him above everything else for useful membership in law making bodies. The leaders in Congress and in our Legislature are usually lawyers.
During the war of the Rebellion no one class of people went earlier to the front, served their country more devotedly or with greater distinction than the lawyers; and of the men who re- mained at home during that contest, no class of citizens took a more active part in sustaining the soldiers in the field. Without any partiality it may be said that in every period of our country's history members of the bar have shown themselves to be patri- otie ; the Declaration of Independence was drawn by a lawyer ; in the war of the Rebellion great aid was rendered by such men as Adams, Hamilton, King. Marshall, Jefferson, Livingston, Clin- ton. Granger and hundreds of others who belonged to the legal profession.
It is a peculiar fact that the legal mind has been and ever will be arrayed to the side of order, good morals and good gov- ernment. A lawyer's experience with the affairs of men, his habits of thought and reflection all tend in that direction ; when elevated to the bench his influence for good is unlimited.
The prominent part that members of the bar take in public affairs in this and in every other country, the weight of the influence they have exerted and the dignity they have imparted to the profession requires that in this work a permanent record of the lives of those men who have been chiefly instrumental in
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making the history of the bench and bar of this county should be here recorded. It may not be complete, as the difficulty of procuring data concerning the lives of the earlier practitioners has been great. In placing these sketches in this chapter the author has no favorites to please and has endeavored without discrimination to get the facts as they are.
The earlier lawyers at Tomah were George Graham, Henry C. Spaulding and James LeRoy; A. E. Bleekman started his practice at Tomah, being associated with Mr. Spauding for a time, subsequently removed to Sparta, forming a partnership with F. H. Bloomingdale under the firm name of Bleekman and Bloom- ingdale, which firm moved to LaCrosse. F. E. Campbell was also associated with Mr. Spaulding under the firm name of Spaulding and Campbell; Mr. Campbell, however, soon retired from the firm and went west and in later years received judicial honors.
Almon A. Helms, while an employee of the St. Paul railroad. studied law in Tomah with Judge George Graham and was taken into partnership as Graham and Helms, but soon moved to Mer- rill, Wis., where he has sinee resided.
David F. Jones was admitted to the bar in 1884 and began the practice at Sparta a few years afterwards, forming a partnership with S. W. Button, which continued a number of years; about the time of its dissolution Mr. Jones was apointed United States District Attorney for the Western District of Wisconsin. In 1899 found a partnership with R. A. Richards, who moved over from Tomah, under the firm name of Jones & Richards which con- tinued until the death of Mr. Jones about two years later.
B. H. Hackett eame to Tomah about 1895, entered the office of Judge Graham, who moved to Sparta shortly afterward and was elected district attorney twice, but died in 1901 just before beginning his second term. H. C. Altizer and W. B. Clark lo- cated in Sparta about 1898; Altizer was elected district attorney and served one term beginning in 1899; a partnership was formed with W. B. Clark, which continued a short time; soon after the expiration of Altizer's term of office he left the county ; Clark continued practice for a time and then moved to Texas.
Howard Teasdale began practice in 1891 and R. B. McCoy in 1894. Four Bowler brothers-Edward, Timothy, James J. and George-all received their legal education while residents of the county, the first two being now in successful practice in Sheboygan, having George associated with them.
James J. was in partnership with R. A. Richards under the firm name of Richards & Bowler, which was dissolved after a
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few years, Mr. Richards enterting into partnership with Z. S. Rice which continued about two years. James J. Bowler and his brother George practiced for a term under the firm name of Bowler & Bowler, but in 1909 closed up their office and moved elsewhere.
Of the older lawyers still in the county there remain Judge C. M. Masters, Judge George Graham, Judge S. W. Button and George A. Richardson, none of whom are now in active practice except Mr. Masters and he has practically retired from court work.
William B. Naylor began practice at Tomah in 1894 having associated with him HI. E. Glover, which continued under the firm name of Naylor & Glover for about a year. Mr. Glover retiring in 1901.
William R. McCaul and Mr. Naylor formed a partnership which still continues.
While Colonel Graham has retired from active practice, and is at the present time serving as postmaster at Tomah, his son John G. Graham, who has been associated with his father for a number of years, continues the firm of Graham & Graham.
A. H. Smith practiced in the county for a time, later entering the employ of the Great Northern Railway. severing his con- nection with the road about two years ago and has since resided at Merrill. Wis.
Thorwald P. Abel and Zelotus S. Rice both commenced the practice about 1891. Mr. Rice being for a time associated with R. A. Richards.
At the present time the bar of the county is composed of Messrs. Graves & Masters. S. W. Button, George A. Richardson, R. A. Richards, R. B. MeCoy. Howard Teasdale, T. P. Abel and Z. S. Rice at Sparta. and Graham & Graham and Naylor & McCaul at Tomah.
Quite a number of young men received their early legal train- ing in the county and though not engaging in practice in the county to any extent, a number of them acquired great promi- nonce on the bench and at the bar.
James N. Gillett, who became governor of California. studied law with Morrow & Masters.
John JJ. Esch, of national prominence as congressman from this district, graduated from the Sparta high school in 1878.
In that same class was Julian Bennett, who was elected to a district judgship in South Dakota. while residing at Watertown: he died about 1905.
IION. JOHN J. ESCII
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Frank Sawyer, of same class, has for many years practiced law in San Francisco.
Frank F. Oster, also a high school graduate in '78, is now a district judge in California.
Fred V. Wood, a high school graduate in 1886, has recently been appointed a judge in one of the northern counties of California.
Of the sons of Romanzo Bunn all of them received their early education at Sparta; George Bunn is now a district judge at St. Paul, Minn .; C. W. Bunn is now general counsel for the Northern Pacific Railway Company, with headquarters at St. Paul; John Bunn is practicing at Spokane, Wash .; all very bright men.
George Gray, who graduated from the Sparta high school in 1886, has been practicing for some years at Milad, Idaho.
Charles W. Meadows, who practiced for a time at Sparta, is now county judge of Barron county.
Carl Montgomery, son of Gen. Milton Montgomery, is a promi- nent lawyer of Nebraska, residing at Omaha.
Judge John Anderson, of Chippewa Falls, received his early education at Tomah, afterwards graduating from the university.
Clark Rosecrantz, now of Milwaukee. at present general attorney for the Milwaukee Street Railway System, is a graduate of the Sparta high school.
M. E. Powell, who studied law with L. W. Graves and prac- ticed in the county for a time, is now a resident of Redwood Falls, Minn.
A distinguished list of Monroe county's sons who are helping to make history elsewhere.
In a subsequent chapter will be given a brief history of the county court of Monroe county and included in it will be the lives of the men who have served as judges as far as it is possible to obtain them at this time, and naturally included in it will he those members of the bar who for a time practiced law as well as served as judges.
To attempt in this work to give an historical account of the litigation which was prominent in the courts during all these years would be a task which would require a volume in itself. Among the members of the bar have been men who attracted state wide attention by their ability and skill and advocates; but of its number only two members of the bar in this county became judges of this circuit, Hon. Romanzo Bunn and Hon. Joseph M. Morrow.
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As it is men who make history, the lives of the members of the bar furnish, perhaps, the best historical account of the bar itself, as each one unfolds its own peculiar matters of interest and the story of the bar in this county may best be told by giving here, as far as we are able to get them, sketches of the lives of its members, past and present. Some we have been unable to get, in some instances because of failure to answer requests, and in others a lack of opportunity, by reason of the length of time. to get information.
On the 18th of September, 1854, the Circuit Court of Monroe County had its first term; the judge at that time who presided over this and over three subsequent terms of court was the Hon. Wiram Knowlton; unfortunately we are unable to learn any- thing of his history and except the fact that he held the first court in this county and tried a number of cases at that and the subsequent terms. E. Walrath was the sheriff and John H. Barker the clerk of the court.
It is interesting to know that in these days when grand juries are almost called a thing of the past in this county and when it has been the custom of circuit judges for a long series of years to file an order dispensing with the calling of a grand jury, that at the earlier terms of court in this county for several years a grand jury was summoned; in the first panel appears several names which are still familiar. The jury at the term of court in September, 1854, found one true bill and was then discharged by the court; its members were Morrison McMillan, foreman ; R. J. Casselman, Lymon Prescott, Loyd Angle, W. Wooldridge. C. H. Blake, Thomas Fawcett, Jr., S. W. MeLogan, Alva Heath, James Rathbun. E. I. Lathrop, David Mayward, J. C. Inman, T. Barker, E. W. Dexter and John Foster.
Upon the establishment by law of the Sixth JJudicial Circuit George Gale became the first judge serving from 1856 to 1861, Isaac E. Messmore 1861 to 1862, Edwin Flint 1862 to 1869, Romanzo Bunn 1869 to 1877. A. W. Newman 1878 to 1893. Joseph M. Morrow 1893 to 1894. Orvis B. Wyman 1894 to 1900 (when he died), J. J. Fruit from 1900 to 1909 (when he died), 1909 to the present by Hon. E. C. Higbee.
Among the earlier practitioners we find the names of a great many of those who doubtless appeared in court in this county, but were residents elsewhere; at the first term the firm of Denison & Lyndes appears frequently upon the calendar, and at that term Ebenezer Lathrop. James HI. Edsall and Carlton E. Rice were admitted to practice as attorneys; at the next term,
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in March, 1855, George F. Haswell and E. S. Blake were admitted to practice and Mr. Haswell, owing to the fact that there was no district attorney in the county, was appointed district attorney for the term by the judge.
At subsequent terms during the next few years J. C. Pratt, Lincoln Montgomery. Levi W. Barman, Goodwin W. Lincoln, Samuel C. Lyon, L. W. Graves, George W. Pratt, L. Vanshirk, N. Leonard, Joseph W. Losey. Thomas B. Tyler, Romanzo Bunn and E. I. Lathrop were admitted to practice at varions terms of conrt.
It seemed to be the rule among the earlier practitioners to form firms and to make frequent changes. For. during the years 1854 up to 1861, we find upon the court records the firms of Leonard & Tyler, Graves & Montgomery, Lathrop & Blake, Lathrop, Pratt & Blake, Lincoln & Van Slyck, Lincoln & Rice, Graves, Montgomery & Rice, Rice & Pratt, Montgomery, Leon- ard & Tyler, Graves & Rice, Graves & Leonard. Lincoln & Pratt, Montgomery & Tyler, Rice & Bunn, and several single practi- tioners.
A little later on came J. M. Morrow, who was associated with L. W. Graves for a time under the firm name of Graves & Morrow, then eame S. N. Dickenson, and for some time the firm of Mont- gomery. Tyler & Dickenson existed; soon after the admission of C. M. Masters to the bar. in 1871 the firm of Morrow & Masters was formed and existed for a long term of years until Judge Morrow was appointed to the Circuit Bench; with his defeat for election the firm, which had, when he went to the bench, been dissolved, was again united and remained until the death of Judge Morrow, after which Judge Masters associated with himself R. B. Graves, who had previously been employed in the office of Masters & Graves, and later the son, H. M., was admitted as the junior partner and the firm is today Masters, Graves & Masters.
W. M. Graham came in the early eighties to Sparta and soon after formed a partnership with S. N. Dickenson as Dickenson & Graham. In 1891 both these gentlemen moved to West Sueprior, where the firm of Knowles, Dickenson, Buchanan, Graham & Wilson was formed.
C. W. Graves practiced in the county for a number of years and at one time formed partnership with A. E. Bleekman under the firm name of Graves & Bleekman, but Graves retired and went to Vernon county, practicing in Viroqua, where he still resides.
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HISTORY OF MONROE COUNTY
L. W. Graves. In the earlier period of Monroe county. from about 1857 to 1874, there was no more prominent lawyer than Lewis W. Graves, and there are many of the older residents of this and surrounding counties who still recall anecdotes of his forensic ability and caustic wit in the trial of notable cases, of which there were many in those days. "Lew" Graves, as he was familiarly known, was born at Attica, Wyoming county, New York, on February 28. 1825, and was the son of Rev. Nathaniel Graves, who lived for many years on Bush Prairie in the town of Lafayette. He received a common school education and studied law in East Aurora. Erie county, New York, in the office of Humphrey & Sawin, and was admitted to the bar at Albion. N. Y., in 1853. Ile practiced his profession in East Aurora until 1856, when he came with his wife and infant son to Sparta and at once went into active practice. He was married to Mary J. Waldo. at East Aurora, on August 3. 1852, and three sons were born of the marriage: Charles W. Graves, a well known lawyer of Viroqua, Frank H. Graves, editor of the Vernon County Leader, of Viroqua, and William Graves, who died in 1879. Mrs. Graves survived her husband many years and died at Sparta in June. 1909. L. W. Graves served as district attorney of Monroe county in 1859-1860. He died at his home in Sparta on May 3, 1876. During his career at the bar he was at different times connected, as a partner, with Carlton E. Rice (Graves & Rice), Milton Montgomery (Graves & Montgomery). E. G. Wheeler (Graves & Wheeler). J. E. Snow (Graves & Snow), and J. M. Morrow (Graves & Morrow). He was at all times a Democrat in politics and in 1864 was one of the delegates to the National Democratic Convention, which nominated George B. Mcclellan. Mr. Graves was a lawyer of great force and ability and was especially strong in jury trials. He loved a sharply contested lawsuit and was especially noted as a socalled criminal lawyer. Ilis practice extended throughout the western portion of the state and he was constantly brought in contact with a lot of able lawyers, such as William H. Tucker. J. W. Losey and B. F. Montgomery. of La Crosse: Emmons Taylor, of Portage: G. C. Pope, of Black River Falls: John Turner, of Mauston, and George B. Smith, of Madison, and others of like calibre. During his career at the bar he participated in many notable trials and was nearly always successful. Among these may be recalled the famous Skippens murder trial (Viroqua). in which, after one conviction and one disagreement. he acquitted Charles Skippen
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for the killing of James Newell on a third trial; the famous (in those days) slander case of Parshall vs. Remington (where one Baptist preacher sned another for slander). The long drawn out mill dam litigation between Gilman and Herrick, involving water power rights on the La Crosse river; the crim con case of Jones vs. Goss, the case of State vs. Joe Ifull, Bell vs. Village of Sparta (where plaintiff fell into the pond through a hole in Franklin street bridge), Dinehart vs. Lafayette (a case involving the constitutionality of the Soldiers' Bounty Act), Cremer vs. Town of Portland, Randall vs. Ellis and MeDonald, and many other notable cases that might be mentioned, all of which were earnestly and vigorously contested before Circuit Judges Gale. Flint, Messmore and Bunn, and which, in those days, seemed to attract more attention and draw to the trial from far larger erowds than important litigation of like character does nowa- days, and it was no rare thing to have the old white brick court house crowded with people, drawn there to hear Lew Graves address a jury. Mr. Graves was a most companionable man, a universal favorite with his townsmen, and his fellow lawyers. and his untimely death, at the age of 51 years, was universally regretted throughout the region where he was so well known. At a meeting of the bar of Monroe county, held May 5, 1876, the following resolutions were adopted :
Whereas. Under Divine Providence, out late fellow-citizen, Lewis W. Graves, has been removed from us by death, and we are again reminded of the shortness of man's probation on earth, and
Whereas, the members of the bar in Monroe county and the western part of Wisconsin. from personal association in their professional relations, are able to speak of his noble qualities, greatness of heart, and marked ability, and the younger members especially, of his encouragement, kindness and assistance to them. Therefore,
Resolved, That we have learned with regret the melancholy intelligence of the death of our brother, Lewis W. Graves, a member of this bar for nearly a quarter of a century.
Resolved, That we reeall with pleasure his many good quali- ties as a man and a lawyer; his mental accomplishments, and genial social qualities: his earnestness, ability, and eloquence as an advocate. and that we mourn his death as a loss to the profession and this bar.
Resolved, That in view of the sad event, while we would not
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needlessly obtrude ourselves upon the notice of the bereaved friends, yet we are constrained to tender them our profound sympathies in this hour of their great sorrow.
Resolved, That a copy of these proceedings be transmitted to the family of the deceased.
Resolved, That in behalf of the bar of this county, that the court thereof, on the first day of next term, be respectfully requested to enter the foregoing preamble and resolutions upon its records.
A. E. Bleekman, Secretary.
Thomas B. Tyler, a pioneer citizen of Sparta, was born at Coshocton, Sullivan county, New York, January 12, 1824, and died at Sparta, July 18, 1886. When quite young he removed with his parents to Seneca, Ontario county. Ile received his edu- cation in the public schools and at Canandaigua Academy. Later he studied medicine with Dr. Francis Dean at Gorham. Ontario county, and married Sarah E. Dean, only daughter of Dr. Dean. During the gold excitement in 1849 he went to California, return- ing after an absence of two years. In 1852 he settled at Couders- port, Pa., where he studied law and held the position of prothonotary, or clerk of the court.
In 1857 he was admitted to the bar and the same year removed to Sparta, Wis., and formed a law partnership with Milton Mont- gomery. Later S. N. Diekinson was admitted to the firm and on the removal of Colonel Montgomery from Sparta, the firm became Tyler & Dickinson. In 1884 Mr. Tyler sold his interest in the law business to Win. M. Graham. Some years previous to this he had formed a partnership with Ira A. Hill, under the firm name of Tyler & Ilill, conducting a general real estate and loan business.
Mr. Tyler was identified with the Bank of Sparta from its founding in 1858, and served as its vice-president from 1865 to 1883, and as president from 1883 until his death. He often served in the council of the village and was its president for four years, and after it was incorporated as a city was its first mayor.
Although he took a lively interest in all publie questions of importance he could hardly be called an active politician, as he was not a seeker after public preferment. He was a delegate to the Democratic national convention that met in New York city in July, 1868, when Horatio Seymour was nominated for presi- dent, and once he permitted his name to be used as a candidate for state senator and ran ahead of his party ticket. In 1884 he was urged by his party to become a candidate for governor of the state, but declined to accept the honor. In Masonic circles
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he was especially active and widely known, taking an interest in the Consistory and in its constituent bodies. Mr. and Mrs. Tyler had one child, Mary E. Tyler, who became the wife of Ira A. Hill, and was a resident of Sparta until her death in 1909.
Samuel N. Dickenson was born in Neilsborough, Pa., July 24, 1833. He was educated at the schools of East Hampton, Mass., and read law in the office of Johnson & Brown at Warren, Pa., and was admitted to the bar of the court of common pleas at that place on August 17, 1857, and in the courts of Tioga, Pa .. on the 25th day of September, 1857. Shortly thereafter he removed to Illinois and was admitted to all the courts of that state on January 2, 1858; removing to Wisconsin he was admitted to practice in the circuit court in Clark county in this state, on motion of Carl C. Pope, September 6, 1858, and to the federal courts of the western district of Wisconsin February 24. 1871. IIe was admitted to practice in the supreme court on June 3, 1873. Practicing at Neilsville a short time, removing thence to Sparta, where he became a member of the firm of Montgomery, Tyler & Dickenson. Later Mr. Montgomery withdrew from the firm and it continued as Tyler & Dickenson. Another change was made when Mr. Tyler sold his interest to W. M. Graham, when the firm became Dickenson & Graham. In 1899 the firm dissolved and Mr. Dickenson moved to Chippewa Falls, where he formed a partnership with Dan Buchanan, Jr. In 1891 the firm removed to Superior, where the firm of Knowles, Dickenson, Buchanan, Graham & Wilson was formed. In April, 1897, Dicken- son and Graham formed a partnership with E. C. Canady under the firm name of Dickenson, Canady & Graham. This firm did a general law business for a short time and dissolved, and for the last three years of his life Mr. Dickenson was alone in busi- ness. Hle died November 6, 1905, being killed by the accidental discharge of a rifle which he was engaged in cleaning.
His associates of the bar of Douglas county in the memorial services soon after his death said of him in a resolution as follows :
"In his death, his associates as well as the legal profession. have lost one of its most distinguished members, and the city of Superior one of its best citizens; and not only Superior, but the state of Wisconsin as well.
"Judge Dickenson, as he was called, was a man whom all respected. He was plain, honest, courageous, true. He was a type of America's best citizenship. He worked hard, he perse- vered and he always gave the best service that was in him, there
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was no guile in his composition, he hated sham and deceit, he was open and above board in all his dealings, professional and otherwise. He was a good man, a patriotic citizen and an able lawyer."
Joseph M. Morrow. Perhaps no man who lived in the county of Monroe attained the prominence and wide acquaintance in the state as that which Judge Morrow enjoyed; the superiority of his intellectual and professional attainments won for him fame, which went even beyond the limits of the state. As a lawyer he was engaged in almost every case of importance which was tried in this section of the state during the last forty years of his lifetime. As a judge he was impartial in his ruling, justly exacting regarding the conduct of lawyers in his court, yet treating them all with gentleness and courtesy which won the respect of all the members of the bar in the Sixth Judicial ('ireuit.
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