USA > Wisconsin > Trempealeau County > History of Trempealeau County, Wisconsin > Part 115
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Union Service.
For more than fifty years the school at West Prairie has been used for union church and Sunday school purposes.
CHAPTER XXI.
BENCH AND BAR.
When the Indian title to this region was relinquished in 1837, the area that is now Trempealeau County was under the jurisdiction of the territory of Wisconsin, whose judicial power was vested in a Supreme Court, District Courts, Probate Courts and justices of the peace. The little settlement at Trempealeau remained under the judicial jurisdiction of Crawford County throughout the territorial days and during the early years of statehood.
By the state constitution which went into effect in 1848, Crawford County, of which Trempealeau County was a part, was made a part of the fifth circuit. Mortimer M. Jackson went on the bench Aug. 28, 1848. When the sixth circuit was created in 1850, the little settlement at Trem- pealeau fell under its jurisdiction, and in that district this county still remains. Wm. Knowlton went on the bench Aug. 6, 1850.
In 1851 the settlement at Trempealeau came under the jurisdiction of La Crosse County, and at the first town election held at La Crosse in April, 1851, James A. Reed was elected justice of the peace. At the county election held in the summer of that year, "Timothy Burns was elected county judge, and William T. Price clerk of the circuit court. In the fall of that year George Gale was elected county judge, and Robert Loomey clerk of the circuit court.
In February, 1853, the part of Trempealeau County north of the line between Townships 18 and 19 was placed in Jackson County, and on July 6 of the same year that part north of the line between Townships 18 and 19 and west of the line between Ranges 7 and 8 was placed in Buffalo County. This jurisdiction, however, was only nominal, for the settlement at Trem- pealeau was still a part of La Crosse County, and few settlers had ven- tured north of the line between Townships 18 and 19.
When Trempealeau County was created, Jan. 27, 1854, a provision was made that the county should remain attached to La Crosse County for judicial purposes until Jan. 1, 1855, when it was to be fully organized for judicial purposes and attached to the sixth circuit. Court was to be held at the county seat on the first Monday in March, June, September and December of each year. But a few days later court was ordered to be held at the county seat of Trempealeau County the fourth Mondays of April and October.
B. F. Heuston was chosen as county judge at an election held in Novem- ber, 1854, and in November George H. Smith was elected clerk of the cir- cuit court, and Charles Utter, district attorney.
The first term of circuit court in Trempealeau County was called April 28, 1856, with A. M. Brandenburg, sheriff, and Geo. H. Smith, clerk,
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in attendance, but the judge being absent the first court was held the next day in the lower part of the court house at Galesville, then in the process of construction by Isaac Noyes and Amasa P. Webb. Hiram Knowlton, judge of the sixth district, presided, and the only business transacted was the admission to the bar of Romanzo Bunn, who thus became the first lawyer in Trempealeau County. July 23 of the same year the court house was completed, and on October 28, following, Judge Knowlton held court there, with Sheriff Brandenburg and Clerk Smith in attendance. The docket contained two cases, one of which was non-suited, and the other continued. At the same session John F. Brewin and Christian Schmitz were admitted as citizens of the United States. The grand jury list con- tained the names of William Lee, D. B. Thomson, John Nicholls, Edward Barnard, James Nichols, Byland Parker, Hollister Wright, Bostwick Beards- ley, Francis Hoffner, Absolom Curry, David Cook, Richard Collins, Jacob Holmes, G. W. Parker, William Dick, L. P. Armstrong and William Adams. Beardsley was chosen foreman.
The names on the petit jury list were: Charles Holmes, Warren Adams, George Batchelder, Richard Grant, Isaac Nash, Joshua Rhodes, John Salsman, William Olds, Alexander Stevens, Joseph Dale, Douglas Hunter, L. F. Niffen, George Olds, William Nichols, Jonathan Ramsden, Archibald Grover, Robert F. Farrington, John Pardon, William Bright, Frederick Clark, George B. Terry, Jeremiah Finch, B. B. Healy and James Reed.
George Gale held his first court April 13, 1857, William P. Clark being the sheriff and George W. Parker the clerk. No business was transacted. April 28, 1857, B. F. Heuston was admitted to the bar.
Nov. 11, 1857, the county commissioners rejected a number of bills for charges in sundry criminal cases tried in justice courts. The report of the committee stated that much of the expense of older counties arose from the cost of useless litigation and declared that everything possible should be done thus early in the history of Trempealeau County to dis- courage such litigation. One of the suits for which expenses were asked was for stealing a pocket knife. Several were for assault and battery in trifling neighborhood quarrels. The only serious case was one in which the defend- ant was charged with horse stealing. None were sustained. The com- mittee recommended that in such cases the justices exercise their powers under the statutes and require security from the complainants for costs in suits before issuing any papers. Such a course, the committee said, would put a stop to much useless and vexatious litigation, which when suffered to go on involves often great expense besides provoking much ill feeling and discord in whole neighborhoods. The committee also expressed the opinion that as a general rule in such small matters where the parties were determined to go to law, the civil remedies should be applied.
In 1861, Isaac E. Messmore contested Judge Gale's seat. Judge Gale had been elected for the six years beginning Jan. 1, 1857, as judge of the sixth district, then embracing Crawford, Bad Ax, La Crosse, Monroe, Jackson, Clark, Buffalo and Trempealeau Counties. But by an act of the Legislature (approved March 30, 1861) the counties of Crawford, Bad Ax,
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La Crosse, Monroe and Jackson were constituted the sixth district, and the counties of Trempealeau, Buffalo, Pepin, Dunn, Dallas, Chippewa, Clark and Eau Claire were constituted the eleventh district. Judge Gale was by this act made judge of the eleventh district. The governor on April 10, 1861, appointed Isaac E. Messmore judge of the sixth district. The matter went to the supreme court (14 Wis. 164) and it was determined that the Legislature had no authority to assign Gale to the eleventh dis- trict, and that the governor had no power to appoint Messmore to the sixth. Judge Gale, therefore, remained the judge of the counties which constituted his district at the time of his election. In 1862 the Legislature placed Crawford, La Crosse, Monroe, Jackson, Clark, Buffalo, Trempealeau, Rich- land and Vernon in the sixth district.
Judge Gale served until the end of 1862. When he went on the bench the only lawyer in Trempealeau County was Romanzo Bunn. In 1857 F. A. Utter located in Trempealeau, and A. A. Arnold and Geo. Y. Freeman in Galesville. In 1858 A. W. Newman and John A. Daniels located in Trem- pealeau, and not long afterward Lyman Cowdry and C. E. Turner also settled there. This constituted the Trempealeau County bar up to the outbreak of the Civil War.
Edwin Flint became judge Jan. 1, 1863, and served six years.
Romanzo Bunn, the first lawyer in Trempealeau County, went on the bench Jan. 1, 1869, and served eight years, retiring to go on the bench of the United States federal court for the western district of Wisconsin after the October term of the Trempealeau County court in 1877.
A. W. Newman of Trempealeau, after long service as district attorney, succeeded Judge Bunn after the October term of the Trempealeau County court in 1876. He served seventeen years and resigned late in 1893 to become an associate justice of the supreme court of Madison.
With the resignation of Judge Newman the judgeship went out of Trempealeau County for the first time since Judge Gale moved here in 1857. Joseph M. Morrow of Sparta, appointed late in 1893, served one year.
O. B. Wyman of Viroqua went on the bench Jan. 1, 1895, and served until his death, Dec. 2, 1900.
John J. Fruit of La Crosse succeeded Judge Wyman and served until his death in 1909.
Judge Fruit was unable to sit in March, 1909, and postponed the term until June, when Judge James O'Neil of Neilsville presided. E. C. Higbee of La Crosse, a former Arcadia attorney, was appointed that summer. held the fall term of 1909, and has since remained on the bench.
The present bar consists of the following gentlemen: Whitehall- H. A. Anderson (admitted in 1888), Robert S. Cowie (admitted in 1894), Earl F. Hensel (admitted in 1900) and Ole J. Eggum (admitted in 1907). Galesville-George Gale (admitted in 1868), W. S. Wadleigh (admitted in 1894) and A. T. Twesme (admitted in 1908). Arcadia-John C. Gaveney (admitted in 1888), F. C. Richmond (admitted in 1902) and Elmer E. Barlow (admitted in 1910). Independence-John A. Markham (admitted in 1901) and John F. Kulig (admitted in -). Trempealeau-J. C. But- ton (admitted in 1858). Osseo-J. Reese Jones.
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Among the lawyers who have practiced in Trempealeau County may be mentioned: Galesville-C. W. Farrand, M. Mulligan, H. T. Smith, E. White Moore, M. F. Hegge, E. W. Freeman, G. R. Freeman, Robert Chris- tianson, James M. Pryse and Richard F. Smith. Trempealeau-J. E. Rob- inson, Bert E. Clark and Seth W. Button. Arcadia-L. W. Griswold, C. W. Farrand, Stephen Richmond, H. R. Day, E. C. Higbee, Peter Phillippe, E. Q. Nye, Seth Mills, W. H. Graves, T. J. Connor, H. S. Comstock, C. E. Perkins, R. S. Cowie, Ben F. Richmond, J. A. Cashel, Lewis Runkel, Nathan Com- stock, Emil Scow and Roy E. Bingham. Whitehall-O. J. Allen, P. A. Williams, R. A. Odell, Carroll Atwood, Sam S. Miller, H. Gilliland and H. L. Ekern. Independence-M. Mulligan, Nathan Nichols, H. R. Day and W. W. Arnold. Osseo-G. O. Linderman and E. S. Gedney.
CHAPTER XXII. HISTORICAL SKETCH OF THE TOWN OF PIGEON. (By H. A. Anderson.)
Preliminary Observations.
Good men and women make little history. Peaceful communities are seldom in the historian's searchlight.
A thousand trains freighted with human lives may cross the con- tinent without receiving a line in history, because their runs were merely a part of successful routine; but the train which, through folly or careless- ness, is wrecked, makes an event impressed on history's page forever.
The principles underlying the above statements impress me as I glance backward over the fifty years which have passed since I first became a resident of the town of Pigeon. And as I review, one by one, the living and the dead who helped in the development of this town, there comes to my mind the picture expressed by Gray's beautiful lines :
"Along the cool sequestered vale of life,
They kept the noiseless tenor of their way."
Strictly an agricultural community, splendidly fitted by nature for man's oldest and most serviceable occupation, the course of social organi- zation and development in this town has been exceedingly tranquil.
The fact that during the thirty years I have been connected with the practice of law I have never had a single lawsuit nor even heard of a law- suit between residents of this town, leads me to the conclusion that during those thirty years there has not been a suit at law between residents of the town of Pigeon, and the suits had during those years by residents of this town with people of other localities can be counted on the fingers of one hand. Arrests for crime have also been very rare.
Territorially considered, this town includes now about thirty-nine sec- tions of land.
Topographically it lies almost wholly within the boundaries of a single main valley traversed by a stream sufficiently large to afford its inhab- itants much useful service, while all the cooleys which radiate from the main valley stretch out like arms inviting to their pleasant embrasure such as seek the quiet comforts of rural life. One of the attractive features of early life in these cooleys were the almost innumerable springs which bejeweled nearly every hillside when the rays of the sun were caught and refracted by these bubbling wells of nature.
Show me the place where the pioneer laid his first hearthstone and I will find close by a spring, or, at least, the spot where a spring used to be, for it is true that a large number of these springs have disappeared.
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There are many cherished memories from pioneer days, such for instance as ridges or points of bluffs mantled with the purple of ripening blue berries ; or some strip of prairie where the sod had been broken, crim- soned with the sweet wild strawberry. But of all memories concerning natural conditions and environments, no recollection is dearer and coupled with more unfading gratitude than the memory of our pioneer springs. And those who are fortunate enough to possess springs, that promise con- tinuing constancy, ought to build around them arboreal shades and places for rest, yes, even altars for meditation and worship.
But if I indulge in sentimental reflections, I am afraid this sketch will not merit the appellation "Historical."
Before I take up the man-made history of this town it may not be out of place to present to the reader who may belong to a later generation a brief sketch of the prevailing or general physical conditions found by the pioneer.
The town of Pigeon has no elevations or bluffs comparable in height with bluffs found in some other parts of our country, but it has many eleva- tions from which a large part of the town could have been seen fifty years ago. And the view obtainable from any hill by the first settlers was that of barrenness. Along the main stream, now known as Pigeon Creek, was a strip of level land, generally known as prairie, dotted here and there with shrub-like burr oaks, while the stream was bordered by alders and willows. And the hills were even more barren than the valleys because of the frequent fires which kept down all vegetation to a one or two-year growth. Exceptions to this rule were found only in a few north hollows where, pro- tected by late snows, white oak and black oak, through repeated efforts of nature, reached a size sufficient to withstand the occasional onslaughts of the fire demon. These prairie fires, as they were called, occurred with equal regularity spring and fall for many years. In fact, they were fostered by the first settlers for two reasons. First, to furnish better pasture for stock which roamed at large; second, to secure a constant supply of blue- berries; for the berries disappeared wherever the brush was allowed to get a few years' growth. Pasturage was a necessity, and berries, though much cheaper than now, were nevertheless a considerable source of income and food supply for the early settlers. Two well authenticated accounts will attest the plentifulness of blueberries in those days.
The William Van Sickle family in one day gathered twenty bushels, and one year Mrs. Van Sickle had twelve bushels of dried berries.
During the early seventies Mads Knudtson lived just east of Pigeon Falls, on what is now the Thompson farm. Having a numerous family he frequently found it necessary to go out to work with his "Duke and Dime," as his oxen were called. Andrew Olson and Hans Johnson had lately opened a store at Pigeon Falls and during July and August every summer they found themselves almost compelled to take blueberries in exchange for goods or let the trade of their neighbors go to Coral City and Sechler- ville. When we remember that there were no railroads nearer than Sparta and La Crosse nor towns big enough nearby to use the great quan- tities of berries gathered and the perishable nature of this product, we
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will appreciate that buying blueberries in those days was not always profitable to the merchant. It was during one of these early years that Olson & Johnson, finding themselves almost swamped with this luscious fruit from the hills, hired Mads Knudtson to take a load of berries to La Crosse, where they had arrangements with a dealer to handle the berries for them. Nowadays we would crate them in small boxes. But at that time they were dumped into an ordinary wagon box with extra sideboards on. No cover- ing of any kind to protect them from sun, rain or dust.
Thus equipped Knudtson proceeded on a trip which took almost five days to make. Before he reached La Crosse a heavy rain came on, and after the rain he says there was a trail of purple wine for miles along the road he followed.
But these wild fires, though to a certain extent desired and encour- aged, were often a source of great danger to property and sometimes to human life. They also destroyed thousands of birds' nests and drove away deer and other game useful to man. Of the first settlers who still remain there is probably none who cannot recall one or more occasions when for hours men, women and children fought as they never had fought before to save grain, hay and buildings from destruction. But the memories of these unpleasant contests are offset by memories of the beauty and grandeur of one or more long lines of fire gradually creeping up through the night over highland and hill when the element of immediate danger was not present.
The writer remembers several occasions when half a dozen or more fires could be seen from the same place, and one of my friends has repeatedly told me that, looking from an elevation one night he counted seventeen distinct and separate lines of fire. Notwithstanding the destructive effect of forest fires on animal life, game was very plentiful for several years after the coming of the first settlers. Deer were frequently seen in droves, and prairie chickens were sufficiently numerous to furnish every home with delicious meat in proper season.
Elk was seen in Pigeon as late as 1872, and a few years earlier their great white horns were found in large numbers.
The common black bear was also a frequent visitor. Hares, now rarely, or perhaps never, seen here, were very plentiful.
The late James Hopkins told the writer that he and two of his neigh- bors killed seventy hares in an afternoon. Another friend of mine, still living, states that he and his family were saved from starvation the first winter of his residence in this county by the plentiful supply of hare meat which he was able to secure.
Rats were unknown for several years, but rodents, such as various kinds of gophers, were numerous enough to constitute a real pest.
Snakes were extremely numerous, but as all, except the rattlesnake, were harmless, they were only a source of fear to the immigrants, who saw in every snake man's first enemy. The rattlesnake, however, was a real menace, and at least two persons in the town of Pigeon came near losing their lives by reason of their poisonous character. Mrs. Karen Iverson Kveseth was one of the victims ; the other a son of Aslak Knudtson.
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As I am writing from the standpoint of a pioneer of conditions and things forever passed away I make no apology for mentioning matters now entirely of no importance except as historical curiosities.
One of these curiosities was the lightning bugs or fireflies. They are still with us, but their number has been so reduced that the younger genera- tion cannot conceive, even by the use of a vivid imagination, the splendid spectacle presented on still, warm summer nights when whole valleys fairly blazed with the light shed by these tiny insects. I have seen a new comer stand for an hour or more, practically hypnotized, silently admiring and wondering, while a white mist changed the scene into a gently undulating flaming lake. And if by chance this same newcomer continued his watch until dawn, another vision awaited him just as marvelous as that of the night.
For now the valley is filled with the music of wings, while the ground is covered with the shadows of innumerable birds which the radiance of the rising sun cannot lift. Minute after minute passes. Still, from horizon to horizon, the air is filled with this moving mass. Half an hour goes by and the watcher's wonder changes into awe as the incredible scene con- tinues. And as he is informed that the same condition exists in many of the adjoining valleys at the same time he naturally questions, "How can the earth support these vast numbers of birds?" And finally he may explain, "This must be a plague sent to chastise man for his wickedness." The above scene is no exaggeration, but is the result of the personal experi- ence of the writer, confirmed by the testimony of many contemporary witnesses. Yes, I still wonder whence did they all come, and whither did they all go, for it is years since the last Passenger Pigeon was seen in the town that, through its name, will help perpetuate the memory of these transient impressive visitors. It would not be true to call the Passenger Pigeon a plague, though they at times did great damage to newly seeded crops.
The potato bug, first known as Colorado beetle, was here more than fifty years ago. When these pests made their first appearance in this county the writer has been unable to ascertain.
A general survey of physical conditions found by the first settlers in the town leads to the conclusion that most of the pioneers, notwithstanding some hardships and many privations, were a favored people. The character of the country was such that labor was not only necessary but obtainable the year round. This, for obvious reasons, ought to be considered one of the greatest privileges granted to man. Water was not only plentiful everywhere, but of such excellent quality that no better can be found. Timber, though scarce in the territory under consideration, was easily had nearby, practically without cost except labor. Nutritious grasses for fodder were abundant in every little valley. And the surviving pioneer, in dreams of memory, recalls with pleasure many a natural meadow or marsh wav- ing with Red-top and Blue-joint from four to six feet tall. Land was cheap. and most of its soil wonderfully fertile. And as a dessert to these observa- tions, which all will relish, I will add that every brook abounded with native trout, chubs, bullheads and other edible varieties of fish.
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Man-Made History.
The date when the first white man located in the town of Pigeon has not been found, and there is even a slight uncertainty as to who the man was, though it is generally believed that this distinction belongs to Edwin Cummings, who made his first home on the northwest quarter of Section 19, Township 22, of Range 7, a little north of the bridge which now spans the creek on the road leading into Fly Creek Valley. The date of settle- ment was probably 1860, and not later than 1861. Mr. Cummings was born in Massachusetts June 13, 1827, and died at his home in the town of Pigeon Jan. 20, 1899. In person, Mr. Cummings was tall and spare. His presence marked him as genial, easygoing and generous. Left an orphan when nine years of age he led a life rich in adventures and toils common to pioneers, for he came to Wisconsin in the early forties, crossed and recrossed the plains in search of California gold, afterwards settled in Clark County, this state, then came to Trempealeau County. He served sixteen months in the Civil War, being color sergeant in Company C, Thirty-sixth Wisconsin Regiment. The date of his marriage, which occurred before he came to this county, I cannot give. His wife's maiden name was Minerva Jessup, a resident of Green Lake County at the time of her marriage. At his death he was survived by his wife, four daughters and one son, all of whom have long since gone west.
He was also Pigeon's first fiddler, using his left hand in this enter- taining exercise. In later years he became a member of the M. E. Church. His funeral services were conducted by Rev. Emery Stanford, assisted by Revs. Hackman and Dissmore. His dust rests in the Lincoln cemetery.
In the settlement of this town Mr. Cummings was soon followed by his brothers, Israel and Chauncy, and later on by Caleb. All of his brothers moved away before his death, and only a part of one branch of the Cum- mings family remains in the county, namely, the widow and some of the children of Wallace Cummings, who was a son of Israel.
If it is conceded that Edwin Cummings was the first settler in the town it is certain that Joshua D. Southworth was the second. With his wife Catherine, daughter Frances and sons Edward and Charles he settled on the northeast quarter of the same section first occupied by Edwin Cummings, in the summer of 1861. Mr. Southworth was born in Cayuga County, New York, March 31, 1820, and died at the home of his daughter, Frances Williams, in the city of Marshfield, Wisconsin, Jan. 28, 1909. He was one of sixteen children. He was married to Catherine Wheeler, who came from a family of twelve children, in Cattaraugus County, New York, Sept. 9, 1849, and after various removals came to Trempealeau County in 1860, living near where Blair is located about a year. He also was a tall, spare man, possessed of wonderful health and a restless energy that mani- fested itself in manual labor until the accident occurred which caused his death. Always temperate in his habits, he lived the life of a clean man, ardent in his attachments to the best institutions of our land. His wife preceded him in death by several years, and both rest in Lincoln cemetery. Mrs. Southworth was one of the most generous and genial-hearted women
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