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 44
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Ray B. Graves was born at Sparta, Wis., October 1, 1878, is the son of C. W. Graves; his parents moved to Viroqua soon after his birth or during early boyhood and his early education
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was received in that city, graduating from the Viroqua high school in 1897. He studied law in the office of C. W. Graves and passing the state bar examination successfully, was admitted to the bar August 28, 1898. He came to Sparta and entered the office of Morrow & Masters in January, 1899. After the death of Judge Morrow, the firm of Masters & Graves was formed and some time later the firm became Masters, Graves & Masters. by the admission of HI. J. Masters. Mr. Graves is a successful trial lawyer and has been engaged in much of the important litigation in the county, notably being selected by the court and appointed to assist the district attorney in the Montgomery murder trial.
John G. Graham was born at Tomah. September 2. 1875. and is the son of Col. George Graham. He received his early education in the schools of Tomah, graduating from the high school in June, 1893; he afterwards took a two-years' collegiate course at the University of Wisconsin. He studied for three years at the law school of the University of Wisconsin and then entered his father's office, being successful in passing the state bar examination and was admitted to practice January 1, 1900. He commenced the practice of law with his father the same year under the firm name of Graham & Graham, which is still the firm name, though Colonel Graham has retired from active practice. Mr. Graham has won good success at the bar and is considered one of the growing young men in the profession.
Harry J. Masters was born at Sparta, Wis .. May 29, 1880. and is the son of Judge C. M. Masters. He was educated in Sparta, graduating from the high school with the class of 1899, afterwards entering the University of Wisconsin, taking up the study of law; graduated in 1904, and after a period of rest. took up the practice of his profession as the junior member of the firm of Masters, Graves & Masters. He is a close student. endowed with a good stock of common sense, and is one of the coming young members of the bar.
Thorwald P. Abel, district attorney of Sparta. Among the well-known attorneys of Monroe county is he whose name heads this sketch. His parents, John J. and Laura (Johnson) Abel. immigrated from Denmark, their native country, to the United States in the sixties. and settled at Kenosha, Wis., where our subject was born April 24, 1878. Among the many responsible positions held by the senior Abel may be mentioned that of United States inspector of immigration at Portal, N. D.
The preliminary education of Thorwald P. was obtained at
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the Kenosha public schools, which was supplemented with a thorough course in the law department of the Wisconsin State University at Madison, where he was graduated with the elass of 1902. In October of that year he located at Sparta and com- menced the practice of his chosen profession, which he has sinee followed with gratifying success. In 1908 he was elected dis- trict attorney for Monroe county, and so well did he discharge the duties of the office that he was re-elected in 1910 for a sec- ond term of two years.
In fraternal and social matters he is an active participant. being a member of the Knights of Pythias order and the Modern Woodmen of America. He was united in marriage on February 8, 1905, to Miss Charlotte C. Kent. daughter of William and Florence (Cooper) Kent, of Beloit. Kan.
Zelotus S. Rice, attorney at law, and one of the substantial citizens of Sparta, is a native of Monroe county, and was born at Wilton, August 7, 1881. His father, Mr. J. P. Rice, who is prominent in business circles throughout the county, and his mother, whose maiden name was Mary A. O'Leary, are also natives of Wisconsin.
Mr. Rice received his education in the public and high schools of Sparta, graduating from the latter with the class of 1901. He spent a year in the law department of the University of Minnesota and finished his course at the University of Wiseon- sin, graduating with the class of 1904. After completing his law studies. he located at Sparta in 1905 and formed a partner- ship with Col. R. A. Richards in the practice of his profession, the firm name being Richards & Rice. This partnership con- tinued for about three years-1908, at which time it was dis- solved and Mr. Rice moved into the Knudson building, on Oak street, where he has since carried on a general practice on his own account, and has been eminently successful. He is serving his third term as city attorney of the city of Sparta, and has made for himself an enviable record during his incumbency. He holds the office of the local examiner of the Civil Service Commission.
Mr. Rice is one of that coterie of young men of the Sparta high school who were developed under the tutelage of Professor Doty. His ambition to become a lawyer was manifested early and met with the approval of his father, whose knowledge of the law is broad because of his work as an abstractor and county officer, and his success in his home city has been well earned and notable. During the past four or five years he has attracted
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to his office a great deal of the commercial and real estate law business of the better sort. His practice is firmly established and is more extensive than his county. He has the appearance and demeanor of a lawyer and is endowed with a great brain and much talent.
Mr. Rice has, up to this time, given his entire attention to his law practice and avoided the many temptations and oppor- tunities to enter polities, although he has been twice elected to the office of supervisor from the Fourth ward of the city of Sparta, without opposition and without his having sought the office, and has served on the county board and has been one of the leaders there and a great power for good.
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CHAPTER XLIX. THE COUNTY COURT.
Everything in municipal affairs has its beginning and the establishment of the county government by law brought with it the inauguration of the county or probate court; naturally, the duties of the judge were very light for a number of years, how light is best indicated by the fact that A. II. Blake, the first county judge, received no pay for his services until 1857, and at a special meeting of the county board held in March of that year. the judge presented a bill for his services from May, 1854. to March. 1857, being for holding court thirty-one days at $2.00 per day, a total of $62.00, which was allowed. In 1858 the per diem was increased by an act of the legislature from $2.00 per day to $5.00, and this, with some fees provided for, made the office pay a little better.
In 1862, the records and files of the office having accumulated to such an extent as to require some method of filing, G. E. Pratt, who was then county judge, asked the county board for an appropriation to procure a filing case. The board, at its November session of that year, passed a resolution, in response to this request, appropriating the sum of $3.75 for that purpose, authorizing the judge to have a filing case made to cost not more than that sum. To us today that looks ridiculous, but was undoubtedly ample for the time and the amount of busi- ness to be done. The jurisdiction of the court in this county has never been enlarged to include the trial of minor civil and criminal cases, as is the fact in some counties, such enlarged jurisdiction being conferred by a special act of the legislature.
Principally a court of probate for the administration of estates of deceased persons, the law prescribes additional powers, including the sentencing of offenders who plead guilty in cer- tain cases ; the hearing of preliminary examinations to bind over offenders in cases beyond the jurisdiction of a justice of the peaee, to the circuit court for trial; the examination of insane persons and paupers, committing them to the proper institutions, together with all the powers of a court commissioner as to per- forming marriages, taking depositions and the like.
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With the lapse of years, and especially in the last fifteen years, the work has grown to such an extent as to occupy nearly the whole time of the judge; the salary is now $1,000 per year with an allowance for clerk hire; terms are held twice a month. one of them being held at Tomah, under an act of the legisla- ture passed in 1911 permitting that to be done; it is often neces- sary for the court to hold special terms. which at times average more than one a month besides the regular terms. In the fifty- seven years of its existence, the court has had ten judges : A. H. Blake, George E. Pratt, L. B. Noyes, W. W. Jackson, George Graham. T. D. Steele. C. M. Masters, W. M. Graham, S. W. Button and Robert B. McCoy. It is unfortunate that there is no data nor any persons now at hand from which can be pro- cured the account of the lives of some of these judges, notably A. II. Blake, G. E. Pratt and L. B. Noyes. Here are given sketches of the lives of those judges which we have been able to obtain.
William Wallace Jackson was born in Ontario county, state of New York, in 1813; he moved to Adrian, Mich .. when about seventeen years of age, where he resided until the breaking out of the Black Hawk War: he enlisted as a soldier in that war, but before the troops to which he was attached reached the scene of conflict the war over and he was discharged and returned home. He came to Wisconsin in 1853, locating first at Hart- ford. in Washington county: a year later, in April. 1854, he came to Monroe county and settled in what is now the town of Adrian.
At this time the Chicago, Milwaukee & St. Paul Railway was pushing its line westward, not having yet reached Tomah. Mr. Jackson believed that the line would come through the town of Adrian in order to avoid tunneling the ridge at what is now Tunnel City ; in fact, the engineers of the company contemplated this route for some time, as there is a natural pass through the dividing ridge which would obviate the necessity for a tunnel. Acting upon this belief. which was well founded at the time. Mr. Jackson chose a good location and platted the village of Jack- sonville in the town of Adrian, the plat of which is still in exis- tenee: the proposed village was twelve miles from Sparta, and about four miles west of Tomah: the railroad did not come that way. however, and the village of Jacksonville became a memory. Early in 1855 Mr. Jackson built a saw mill in the town of Adrian and also one in the town of Tomah. the latter being located east of the village of Tomah, about two miles, at a place which was
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named "Limerick," which consisted of the mill and a few shacks for the employees. This place, with the removal of the saw mill also passed into oblivion with the decay and destruction of its buildings.
Judge Jackson was admitted to the bar in 1858, but did not follow the law as a profession, devoting himself almost wholly to agriculture and engaging occasionally in politics. He was very prominent in county affairs, and in 1858 was appointed county judge by Governor Randall, and was re-elected for the full term. He served as chairman of the town board of Adrian for fourteen years and occupied an influential position in the board of supervisors in his time; he served in the legislatures of 1862-63 and 1874-75.
Approaching the age limit, when rest was desirable, Judge Jackson, a few years before he died, built a home in the city of Tomah and moved from his farm with his family, where he lived until the time of his death. Judge Jackson was truly one of the pioneers who helped to hew civilization out of the wilder- ness in Wisconsin, a broad minded, big hearted man, a leader in his community, typical of that splendid manhood to which this county and state owes so much.
Charles M. Masters. The senior member of the firm of Mas- ters, Graves & Masters, has had a distinguished career, and made an enviable reputation in his chosen calling. He has practiced law in this county something like thirty-nine years, giving good service to his clients and gaining the respect of the community in which he lives.
Judge Masters was born in Springfield, Mass., October 1, 1841, was educated at the high school, and at Amherst and Wil- braham academies. He taught school in Connecticut for two years and then removed to La Crosse, Wis., where he engaged in the insurance business for about two years. In 1865 he located at Sparta and engaged in the book and stationery busi- ness, and while engaged in that business he read law with L. W. Graves; he was admitted to the bar in 1871 and in 1872 formed a partnership with Joseph M. Morrow. In 1878 he was elected county judge of this county, and was re-elected in 1882, serving in that office for eight years.
Judge Masters is a thirty-second degree Mason, a member of Wisconsin Consistory, is a past master of Valley Lodge, No. 60, Free and Accepted Masons, and was a member of the local lodge of the Ancient Order of United Workmen, in which order he beeame grand master of the grand lodge of the state of Wis-
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consin, and was also elected supreme grand master of the supreme lodge of that order of the United States and Canada. After the death of Judge Morrow, Judge Masters formed a partnership with R. B. Graves, and later on took into the firm his son. II. J. Masters.
Judge Masters was married on December 7. 1865, to Miss Ella Seely, of Bangor, Wis .. who died May 12, 1882. Two chil- dren were born to them, Louise B., who died in 1878, and Ilarry J., now junior partner in the firm. In January, 1911, he married Mrs. Alice Pharis, of Syracuse, N. Y., and during the fall of the year purchased what is known as the Dr. Gage resi- dence, on Water street, in the city of Sparta, where he now resides.
Seth W. Button, was born in Michigan in 1836. He came with his parents to Green county. Wisconsin, in 1842, and has resided in the state ever since, except two years. Mr. Button's father died in 1844, leaving him an orphan at a tender age. Ile made his home mostly with a brother on a farm, doing farm work for several years, attending a district school occasionally, school advantages being very meager in those days and in that new country. and he made little progress in his studies. When sixteen years of age he went on foot to a place just east of Whitewater, Wis., where the first railroad in the state was being built from Milwaukee to Prairie Du Chien, and got work excavat- ing for the road bed until late in the fall; returned to Decatur, Wis., and as soon as he could do so began attending district school for the balance of the winter and working at any odd job about town to earn a livelihood ; studied evenings and at spare times, but owing to the fact that he had to earn his own living. he found himself behind most students in his studies.
During the summer of 1854 he worked at the carpenter's trade at Stillwater, Minn .; the next spring. being then nine- teen years of age, he bought a breaking team of five yoke of oxen, mostly on credit, hired a boy younger than himself, and started from Green county across the country, past Madison. Devil's Lake and so on along the ridge road just south of Sparta down into the valley and on to La Crosse, ferried his outfit across the river on a one-horse ferry. slept in the swamp on the west side of the river that night: in the morning he got his team together and steered his course to the country about twelve miles southwest of Red Wing. Minn., and in that vicinity he followed the business of breaking prairie during the summer, sleeping on the ground and cooking his own meals, and rustling his cattle
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in the high wet grass, going to work mornings wet to the shoul- ders with the heavy dews; in the late fall he sold his outfit, returning to Green county, paid his debts, and with a party of other young people started a select school and hired a teacher for the winter, studied hard, and finally in the district schools and Beloit college he fitted himself for teaching. this work and carpentering work he followed. in the meantime keeping up his studies and also the study of law ; he finally passed a successful examination and was admitted to the bar in 1860 and opened a law office at Prescott, Wis .; the Civil War breaking out in 1861, he closed his office in the late summer of that year, enlisted in Company F. First Wisconsin Volunteer Infantry, Colonel Stark- weather's regiment : went to the front and soon was in the thick of the fight. For gallant condnet he was rapidly promoted to the grade of sergeant, first sergeant, orderly sergeant, sergeant major of the regiment and second lieutenant of his company, and finally first lientenant by brevet ; had command of his com- pany while still a non-commissioned officer in the battle of Perrysville, Ky., and Stone River, Tenn .; was slightly wounded at Perryville by a spent ball. In the battle of Chickamanga, Tenn., he was severely wounded, and this ended his service at the front. As soon as he was able he was put on duty as a mili- tary conductor on the railroad from Nashville to Louisville and from Nashville to Johnsonville, Tenn. Judge Button's regiment, the First Wisconsin Infantry, was always with Gen. G. HI. Thomas' corps, and as has been stated, was with him at the bat- tle of Chickamauga, where this gallant old fighter was named the "Rock of Chickamanga." Lieutenant Button was in many fights during his military service and has had many experiences, not only in military, but in civil life.
Just before the battle of Chickamauga, while the forces to which he belonged were vigorously pushing the rebels under General Bragg back to the Tennessee river, the rebels burned the bridge across Elk river, in front of the Union forces. This river must be crossed; it was badly swollen by rains, and was, in fact, a raging torrent : a force under General Reausan was sent some distance up the river to effect a crossing. Lieutenant But- ton's company was selected to effect a crossing, which must be done under a galling fire. Lieutenant Button was the first man to reach the opposite bank. As fast as they crossed the mem- bers of his company were formed in line and began pushing the rebels back, when he received word that some of his men were in trouble and probably drowning, he put the company under
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charge of a sergeant, hastened back to the river and alone and unaided he carried out eight drowning men, exhibiting a strength and energy which caused his soldiers to dub him the "Long Pinery Man." It seems that Mr. Button was fated to be mixed up with floods, for after his war service was ended he returned to Galesville, Wis., in the spring of 1866. In that year a terrific Hood swept away all the property and buildings in the lower table land of the village and Judge Button and a Mr. Wyman carried out of the raging torrent fifteen persons and saved their lives.
After the close of his military service in the army he took employment in Capt. James' quartermaster department at John- sonville, Tenn., as chief clerk, and was present with his wife and a young child when the rebel General Forrest attacked and destroyed the place, with all its Government stores. buildings and gunboats, the lieutenant and his family having a narrow escape. After the war was over he took up the study of law, attending the law school at Cincinnati. After receiving his diploma he opened a law office at Galesville, Wis .. and in the fall of 1867 he formed a partnership with the late A. W. New- man, which continued five years. Judge Newman was eleteed circuit judge and afterwards became a justice of the supreme court. During Mr. Button's residence in Trempealeau county he served seven years as county judge, three years as district attorney, one term in the assembly, and held several other minor offices. After dissolving with Judge Newman, his practice grew to such an extent that from overwork a nervous breakdown ensued. and under the advice of his physician, he turned his law business over to his brother. an attorney, and went to the "Pan-Handle," Texas, to recuperate his health; procured a cattle ranch in the northwestern part of Texas and went to the southeastern part of the state and bought a drove of cattle, hired cowboys, bought ponies, took charge personally of the outfit, and was on the trail over forty days to his ranch, near Fort Mobeita, Tex. : sold out the business that fall and met his family in Topeka. Kan. In the spring following he again went to Texas and went south and purchased another drove of cattle, drove them north to the place selected, and finally, after about four years spent in the business, he closed ont and came back to Tomah. Monroe county. Finding himself left far in the rear of other lawyers in law and practice, he applied himself vigorously to study, to familiarize himself with the statutes and court decisions. After a time he opened an office at Tomah, was elected county judge.
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holding that office eight years, and moved his family to Sparta, where he still remains. At Sparta he formed a partnership with the late D. F. Jones, which continued about five years. Ile con- tinued in active practice until a few years ago, when, he, as the late J. G. Saxe said in one of his public addresses, and as Judge Button puts it, "I had the honor to at one time belong to the legal profession, and I had the honor to leave it, too."
Judge Button was a successful practitioner, and has had a long and honorable career in his chosen profession. His favorite sport and one which he still indulges in and which he has kept up for more than a quarter of a century, is an annual trip to the northern woods every fall to hunt deer.
Robert B. McCoy. Robert B. McCoy was born in Kenosha, Wis., in 1867, the following year his parents came to this county and located on a farm in the town of LaFayette, where they resided until 1876, when they came to Sparta.
Judge MeCoy graduated from the Sparta high school in 1887, then entered the state university, taking a four years' course, graduating from the law department with the class of 1891. After his graduation he served as assistant secretary of the board of world's fair managers of Wisconsin for two years. This board had charge of Wisconsin exhibits at the World's Colum- bian Exposition at Chicago. He edited the Monroe County Demoerat for one year for his father, B. E. MeCoy, and in 1894 opened an office and began the practice of law at Sparta. He was elected county judge in April, 1897, entered upon the duties of his office in January, 1898. He was re-elected in 1901, 1905 and 1909, and is now serving his fourth consecutive term as county judge.
After the mustering out of the Sparta Rifles, the old Company "I," Third Regiment, Wisconsin, a movement was set on foot to reorganize the company. This Judge MeCoy successfully did, and in July, 1896, Company L was mustered into the Wisconsin National Guard. At the breaking out of the Spanish-American War, Company L, in common with the other companies of the Third Regiment, volunteered, and in all 115 men entered the service under the command of Captain McCoy. Hle served with distinction in the Porto Rican campaign, and upon the cessation of hostilities, on account of urgent business, he resigned and came home October 12, 1898, about a month ahead of his regiment.
May 1, 1899, he reorganized Company L. Third Infantry, W. N. G., and was unanimously elected captain of the company.
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Under his command the company was brought to a high state of efficiency, notably in riffe practice. Upon the retirement of Col. W. W. Warren as inspector of riffe practice and upon the recommendation of adjutant general, MeCoy was appointed by Governor Davidson as inspector of small arms practice with rank of colonel from March 21. 1907, which position he still holds; the duties of which he has conducted with marked ability. Colonel MeCoy has commanded three riffe teams at the national contests, bringing Wisconsin near the top in these matches. While at Camp Perry, Ohio, in command of the Wisconsin. team at the national competition. Colonel MeCoy was elected as one of the directors of the National Rifle Association, under whose auspices the competitions are conducted. He is still a member of the board of directors. Perhaps the crowning act of his career was bringing about the establishment of the Government military reservation, the story of which appears in another chapter.
George Graham. Mr. Graham was born in Scotland in 1840, and came to this country in 1845 with his family, which settled in Vermont, where he received his early education; graduated from Middlebury college, in that state, took up the study of law, decided to come west, and was admitted to the bar in Juneau county, in 1862. He moved to Sparta and entered upon the practice of his profession, but in the fall of that year enlisted in Company G, Thirty-seventh Wisconsin Volunteer Infantry and served until the close of the war. His service won him pro- motion from the ranks and he was mustered out as captain in command of his company.
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