History of Vernon County, Wisconsin, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 24

Author:
Publication date: 1884
Publisher: Springfield, Union
Number of Pages: 814

USA > Wisconsin > Vernon County > History of Vernon County, Wisconsin, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 24

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On the 12th of November, 1861, the town of Genoa was created. The territory embraced by Genoa is probably best described by traeing the boundaries, commencing at the southwest

corner of section 16, township 12, range 6 west, thence south of the west line of the town of Sterling to the northeast corner of seetion 29, township 12, range 6 west, thence west on the section line to the Mississippi river, thence up the river to the north line of section 19, township 13, range 7, thence east on the sec- tion line to the northeast corner of section 24, township 13, range 7, thence sonth on the line to the township line between townships 12 and 13, thence east along that line to the northeast corner of section 5, township 12, range 6 west, thence sonth to the place of beginning.

During the same session of the board of supervisors, at which Genoa was created, changes were made in the boundaries of several towns. Sections 1, 2, 3 and 4, and the north half of sections 9, 10, 11 and 12, township 12, range 6 were detached from the town of Wheatland and attached to Harmony. Sections 13, 14, 15 and 16, and the south half of sections 9, 10, 11 and 12, township 12, range 6 west, were detached from Wheatland and annexed to Sterling. The committee which recommended these changes was composed of John T. Brink- mann, Joseph M. Waddell and J. O. Parker.

For a number of years no change was made in the shape of the towns.

On the 12th of July, 1867, the north half of township 14, range 7, was taken from Ham- burg and attached to Bergen.

At the November session of the board of supervisors in 1873, it was ordered that the fol- lowing question should be submitted to the voters of the town of Genoa: Whether all the territory belonging to Genoa, lying on the south side of the Bad Ax creek should be taken from Genoa and attached to Wheatland. It seems that the proposition was rejected at the polls, for the change never went into effect.

All these ereations and alterations have been necessary to bring the county into its present shape-as to sub-divisions. The county now has twenty-one eivil towns. They are as fol- lows, commencing at the northeast corner:

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HISTORY OF VERNON COUNTY.

Hillsborough, embracing township 14 north, range 1 east.

Forest, township 14, range 1 west.

Whitestown, township 14, range 2 west. Clinton, township 14, range 3 west. Christiana, township 14, range 4 west Coon, township 14, range 5 west.

Hamburg, township 14, range 6 west.

Bergen, township 14, range 7 west; and the north half of township 13, range 7.

Greenwood, township 13, range 1 east. Union, township 13, range 1 west. Stark, township 13, range 2 west. Webster, township 13, range 3 west.

Viroqua, township 13, range 4 west; and six- teen sections of township 12, range 4 west.

Jefferson, township 13, range 5 west; and twelve sections of township 12, range 4 west.

Harmony, township 13, range 6 west; and six sections of township 12, range 6 west.

Liberty, sections 1 to 24 inclusive, township 12, range 3 west.

Franklin, sixteen sections of township 12, range 4 west; fifteen sections of township 12, range 5 west; twelve sections of township 11, range 4 west; and nine sections of township 11, range 5 west.

Sterling, nine sections of township 12, range 5 west; eighteen sections of township 12, range 6 west; nine sections of township 11, range 5 west; and twelve sections of township 11, range 6 west.

Genoa, the south half of township 13, range 7 west; and twenty-four sections of township 12, range 7 west.

Kickapoo, the north half of township 11, range 3 west; twelve sections of township 12, range 3 west; four sections of township 12, range + west; and six sections of township 11, range 4 west.

Wheatland, four sections of township 12, range 6 west; six sections of township 11, range 6 west; the north half of township 11, range 7 west, lying east of the Mississippi river; and the two southern tiers of sections of township 12, range 7, lying east of the river.

CHAPTER XV.

THE COURTS OF VERNON COUNTY.

THE CIRCUIT COURT.

Circuit courts were created by the constitu- tion of the State adopted upon its admission to the Union in 1848. They were to have general original jurisdiction in all matters civil and criminal, not exclusively cognizable by a jus- tice of the peace or some other inferior court. They were to have all the powers according to the usages of courts of law and equity necessary to the full and complete jurisdiction of the canses and parties, and the full and complete administration of justice. Their acts and pro-

ceedings were made subject to a re-examination by the supreme court, as provided by law.

The constitution divided the State into five judicial circuits, and provided for the election of a judge in each, The first circuit comprised the connties of Racine, Walworth, Rock and Green; the second circuit, the counties of Mil- wankee, Wankesha, Jefferson and Dane; the third circuit, the counties of Washington, Dodge, Columbia, Marquette, Sauk and Portage; the fourth circiut, the counties of Brown, Manitowoc, Sheboygan, Fond du Lac, Winnebago and Calu-

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HISTORY OF VERNON COUNTY.

met; the fifth circuit, the counties of Iowa, Lafayette, Grant, Crawford and St. Croix. At that time Vernon county had not yet been or- ganized, its territory being embraced in Craw- ford county.

In 1851 the territory now comprising Vernon was organized as Bad Ax county, and became a part of the newly organized sixth judicial cir- cuit. Arrangements were made to hold the first term of court at Viroqua, the temporary county seat, in the spring of 1851. Accordingly cir- cuit court convened for the first time in Bad Ax county, on the 9th of May, 1851, in a little log building which stood upon the site now occu- pied by the Odd Fellows and Masonic Ilall, and H. D. Williams' building, in Viroqua. The building had been erected the previous year by Moses Decker, aided by the settlers in a "rais- ing bee." It was 18x22 feet in size, one story high, and covered with oak shakes. The floor was made of hewn puncheons; the seats of the same with legs inserted; the desks and benches also of puncheons, nailed to the log wall. In fact, what was not made of the proverbial "shakes or puncheons" was almost unnecessary in the construction of a building or the manu- facture of its furniture in those days. This cabin had been used for almost every conceivable purpose; dances, schools, church services, de- bating societies, terms of conrt and political conventions, each in turn honored the dingy little room with their gaieties or sober deliber- ations. The cabin was used for the purpose of a court house until about 1856, when it was su- perseded by a better building, and then torn down. The clerk of court during these years held his office in it.

Hon. Wiram Knowlton, of Crawford county, presided over the first term of court held in Bad Ax county, and was the first judge of the sixtlı judicial circuit. At the first term there was but little business to transact. In fact the only thing done was the admission of Lorenzo A. Pierce to the bar, upon motion of Francis J. Dnnn. The county officers who had been

elected qualified before Judge Knowlton at this time.

The second term of circuit court for Bad Ax county was held, in November, 1851, in the same log cabin as the previous term had been held. By this time the little "court house" had been chinked up with mud for plastering. Judge Knowlton was still on the bench. At this term of court William F. Ter- lune, Thomas J. DeFrees, Norris W. Saxton and Rufus Dunlap were all admitted to the bar.

The first case to come before the court was entitled Samuel H. Sheffield vs. George Dascey and John Allen, for trespass on the case, according to the old time method of pleading. The case was continued until the succeeding term of court, when it was dis- missed. James Cadwell was one of the attor- neys in this case-the only one revealed by the records.

The first grand jury was impanneled and sworn at this term of court, consisting of the following named gentlemen : Isaac Spencer, foreman ; Andrew Briggs, Isaac Coe, Ransom Gillett, Eldad Inman, John Snyder, Samuel McMichael, John Graham, A. H. Older, West- fall Decker, Orrin Wisel, William Reed, Daniel Gardner, Lemick Graham, Nicholas Murphy, Charles Waters and William Spencer.

The petit jurors who were in attendance at this term of court were as follows : James Clark, John Longley, Cyrus Gillett, George Dascey, John Allen, William C. McMichael, Lewis Graham, Jacob Johnson, Henry Waters, Samnel Nelson, Andrew Henry, Everett Eaton, Barney C. Hutchinson, James McCormic, George P. Taylor, John McCullock, George Pike, C. B. Brown, A. Southwick, Michael Ilinkst, James Foster, Nicholas Vought, Wil- liam Coe, Nelson DeFrees and Oliver Langdon.

The first State case to be tried by the circuit court of Bad Ax county, was against Joseph and Joseph M. Heck, upon an indictment for assault and battery with intent to commit mur-

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HISTORY OF VERNON COUNTY.

der. The case came before Judge Knowlton upon a change of venue from Crawford county. It was continued until the spring term of court in 1852, when the district attorney entered a nolle prosequi-a refusal to further prosecute.

The grand jury which had been impannered, as stated, returned three bills of indictment before the close of the fall term in 1851. The first was against William S. Tippits for assault with intent to kill; a nolle prosequi was entered in this case. The second was against L. D. Smith for the same crime as Tippits was charged with. The third was against Isaac Wright for an assault upon a peace officer. In the two last cases the indictments were quashed.

This concluded the work of the fall term of 1851. At this time Orrin Wisel was clerk of court, and William F. Terhune, deputy ; the latter attending to the business of the office.

The third term of circuit court convened at the little log court house, in May, 1852. Judge Knowlton was still on the bench.

The first matter to engage the attention of the court was an indictment which the grand jury returned against John Myers, for assault with intent to kill Eldad Inman.

At the September term of court, in 1853, one of the most important criminal cases that have ever been tried in the county, came before Judge Knowlton. Its title was, " State of Wisconsin vs. William Watts." Watts had been indicted for murder in the first degree, by the grand jury of LaCrosse county, and the case came to Bad Ax county upon a change of venue. The particulars of the affair were as follows : Some time during 1852, William Watts and a man named Deurst came from Illinois and settled upon a piece of land in Mormon Coolye, La- Crosse county, Watts being in the employ of Deurst, as a hired man. In the fall of 1852, Watts went to LaCrosse city, taking with him several head of cattle and other articles which had belonged to Deurst. Ile got upon a drunken spree and sold the property. For several days

he hung around LaCrosse, and then disappeared. At that time the country in the region of Mor- mon Coolye was very sparsely settled, and it was some days before Deurst was missed ; but in time suspicions were aroused from the action of Watts, and the continued absence of Deurst, that all was not right. The premises were ex- amined, and it was found that Deurst had been murdered, and his body dragged some distance and hid in in a thicket. Watts was still absent. A reward of $500 was offered for his apprehen- sion. It subsequently transpired that Watts came to Bad Ax county and hired out to work for Anson G. Tainter. For several months he continued work, gaining the confidence of his employer. Finally a man from La Crosse county, who came to Tainter's upon business, recognized Watts, and told Tainter that he be- lieved Watts was the murderer, but would make further examination while the family were eat- ing dinner, and report the result.

After dinner he told Tainter that it was a mistake and the suspicion was unfounded. The La Crosse man than proceeded on his way to Prairie du Chien, and upon his arrival at that place wrote the sheriff of La Crosse county in- forming him of the whereabouts of Watts. The sheriff at once came down to Tainter's, arrested Watts and took him to La Crosse, where the grand jury had found a true bill of indictment against him for the murder of Denrst. Before plea he secured a change of venue to Bad Ax connty, where the case came to trial in Septem- ber,1853. The counsel were among the most dis- tinguished lawyers in this part of the State and both gentlemen afterwards became circuit judges. Edwin Flint was for the prosecution and George Gale for the defense. Both were then residents of La Crosse. The trial excited great interest. The theory of the prosecution was, of course, all circumstantial; but this evi- dence and the chain of circumstances was most convincing. No one had seen him strike the blow, but his subsequent actions, selling the cattle, running away and assuming a different

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HISTORY OF VERNON COUNTY.

name plainly proved his guilt. The theory of Watts' defense was self protection. Deurst was a rough, violent tempored man. Watts claimed that he had loaned Deurst money, and worked for him until his due amounted to a considerable sum. So one day they got to- gether for a final settlement, and while looking over accounts, they got into a quarrel. Deurst in a fit of anger drew a knife and attacked Watts, who, in defense, struck Deurst with an ax handle which he was engaged in making. Watts claimed he struck a harder blow than he intended and when he found it resulted fatally he was very much troubled; and finally adopted the only course he thought left to him, of hiding the body and making his escape.

When the case was called for trial the pris- oner plead "not guilty" and a jury was impan- neled. After a long trial the jury re- turned a verdict of guilty, and on the last day of the term Judge Knowlton, after making eloquent and touching remarks concerning the heinousness of the crime, sentenced the prisoner to hard labor in the State pententiary for life. The affecting remarks and severe sentence of Judge Knowlton brought tears to the eyes of all present, except the prisoner, who maintained a stoie and indifferent expression which had char- acterized his behavior throughout the entire trial. William Watts was, accordingly, placed in the penitentiary, where he remained at hard labor until the 21st of December, 1861, when he was pardoned unconditionally by the governor, through the influence of George Gale, then circuit judge. The petition for pardon, which was prepared by Judge Gale, contained the sig- natures of all the jurors before whom the case was tried save one, who swore the sentence was just and he would never sign a prayer for the pardon of the convicted man.

Judge Wiram Knowlton's term of office expired with 1856, and he was succeeded as judge of the sixth judicial circuit by Hon. George Gale, of Trempealeau county, former- ly. of. La Crosse. Judge Knowlton was a: man

of splendid endowments, both natural and acquired. He had a warm, genial disposition, and made friends among all classes with whom he came in contact. As a lawyer, he was a good one for those days, and was an able jurist. His great fault was his irregular habits. Hle lived at Prairie du Chien, until the time of his death, which occurred several years ago.

The following article, which was written by one of the pioneer lawyers of Vernon county, will serve to show some of the peculiarities and characteristics of Judge Knowlton:

"At one of Judge Knowlton's terms of court at Viroqua, there was a suit pending between Daniel Lowry, plaintiff, and Stephen Marston, defendant. Lowry had rented Marston's farm to work on shares, and had put in the ordi- nary crops. Along in the summer Lowry began to pull roasting ears and dig potatoes for family use. This alarmed Marston, who feared Lowry would get more than his share of the crops; so he ent up all the corn and hauled it home. Lowry thereupon brought suit against him for trover and conversion, in a justice court, and obtained a judgment. Marston appealed to the cirenit court. Terhune was engaged on behalf of Marston; Bierce looked after the interest of Lowry. The action came up for trial before Judge Knowlton and a jury. After the plaintiff had produced all his evidence and rested, Ter- hune moved to non-suit Lowry on the ground that the testimony showed that the parties to the suit were tenants in common of the crops, and that one tenant in common could not sue his co-tenant for trover and conversion of the common property.

"The argument of Terhune was a lengthy one, and was concluded at noon, when the court adjourned for dinner. In the afternoon Bierce was to reply. At the opening of court it was plainly to be seen that something was wrong with the judge; he was overcome with drowsiness. Nevertheless Bierce began his argument; but he had not spoken many minutes before "his honor" :fell quietly into the arms of Morpheus,

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IIISTORY OF VERNON COUNTY.

so to speak; in other words, he was sound asleep! But Bierce kept on with his argu- ment-why should he not? Court was in ses- sion; the judge was upon the bench; the jury in the box, and the sheriff on hand to preserve order. There, too, was the clerk at his desk; and the parties to the suit sat near their respect- ive advocates,-it was a scene for a painter!

"It is asserted by one who was present that it was exceedingly difficult to tell that after- noon exactly where, in the old log court house, the majesty of the law was ensconced. It seemed as if justice, for the nonce, had dropped her sword and scales, torn from her eyes the bandage, and incontinently fled! Bierce, after a good long hour of forensic effort, reached his peroration in eloquent style! But, if the court was convinced, there was no outward sign, for the judge still slept. An adjournment 'took place.' The judge, like the lords after the celebrated speech of Sheridan, was too much 'affected' to calmly weigh the matter; at least, the matter was then and there not weighed. Judge Knowlton retired half unconscious to his room. Jurors, parties, witnesses, officers-all staid around the seat of justice for a day or two, but the judge came not. Then, they took themselves every man unto his own.home.

"Nothing more was heard of the suit for some three or four months, when the judge, who had by this time recovered his equanimity, wrote to the clerk, directing him to put the case on the calender for trial at the next term, as he had over-ruled Terhune's motion. The loquence of Bierce had done its perfect work!"

Ilon. George Gale held his first term of cir- cuit court for Bad Ax county in June, 1857. He was succeeded in 1861 by Ion. I. E. Messmore, of La Crosse, through some change in the boundaries of the district; but only for a short time did Messmore continue on the bench, the county being again thrown into Gale's district.

George Gale was a native of Burlington, Vt., born Nov. 30, 1816. He had the advantages of a good common school education, and in March,

1839, commenced reading law. In 1841 he was admitted to the bar, emigrated west, and settled at Elkhorn, Walworth Co., Wis. Here he opened an office and entered into successful practice of his profession. Besides holding other offices in the fall of 1847 he was elected a member of the convention to form a State constitution, serving in that body on the judici- ary committee. The same fall he was elected district attorney and a year later a member of the State Senate. On the 4th of July, 1851, Mr. Gale received from Gov. Dewey the ap- pointment of brigadier general of militia. In the fall of that year he removed to the upper Mississippi, locating at La Crosse. He was soon elected county judge for the term of four years. Jan. 1, 1854, he resigned this office and in April, 1856, was elected judge of the sixth judicial circuit, then composed of the counties of Bad Ax, Buffalo, Clark, Jackson, Monroe, Trempealean, La Crosse and Crawford. He served the full term of six years. During 1857 he removed from La Crosse to Galesville, Trem- pealeau county, where he lived until his death, which occurred April 18, 1868. Judge Gale was best known, however, as a friend of educa- tion. Seeing that all northwestern Wisconsin was without college advantages, he first urged upon the people of La Crosse the importance of founding an institution near that village. Fail- ing in this, he decided to remove to the Trem- pealeau valley, start a village and found a col- lege. Accordingly, in 1853, he purchased a large tract of land where Galesville now stands, and in 1854 secured the organization of Trem- paeleau county, with the county seat located upon his land. Ile also obtained a charter for the Galesville University. The board of trus- tees was organized in 1855, and the college building was commenced in 1858. Judge Gale was president of this college until 1865. He was not a college graduate but from his great interest in education, he was made master of arts by the Vermont University in 1857, and doctor of laws by the Galesville University in

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HISTORY OF VERNON COUNTY.

1863. Judge Gale was a man of great energy and worth, and his death was much mourned by a large circle of friends. While Judge Gale was upon the bench William H. Theker, a law- yer from La Crosse, who at one time had a very large practice in the sixth circuit, often at- tended terms of court at Viroqua. He acquired quite a reputation for wit and oratory, and, be- ing somewhat cheeky frequently got into a dis- cussion with the judge. On one occasion a dis- pute arising between Gale and the lawyer, they both became somewhat "warmed up," and the judge in his excitement, compromised his dig- nity by offering to bet $100 upon the point of law involved in the dispute. Mr. Tucker, quick to take advantage of the judge's forgetfulness of his position, exclaimed: "Hold on, Judge! you oversize my pile; call it $1 and I'll cover it."

At the October term of circuit court, in 1860, Jolin Kellard, an Irish shoemaker, about sixty years old, a nervous voluable fellow who evi- dently prided himself upon baving "lieked the Blarney stone," was indicted for selling liquor without a lieense. He was very deferential to his superiors, and very lavish in applying and repeating titles. The indictment was in the old common law form, charging that "on the day of -, 18-, at the town of Franklin, in the county of Bad Ax, State of Wisconsin, the defendant did wrongfully and willfully with force and arms sell and traffie in strong, spirituous and intoxi- cating liquors and drinks." * * The case * being pretty strong against Kellard, he was advised by his lawyers to plead guilty. When the indietment was read to him in court, and he was solemnly asked the usual question of: "Are you guilty or not guilty;" he sprang to his feet and replied earnestly: "May it plaze this most honerable eoort! I be-believe I am a leetle guilty; but, may it plaze your most honerable honer I plade not guilty to the force and arms, aforesaid."

Speaking of the oddities of practice in early days, Judge Terhune relates an anecdote re- |

garding the case of State vs. Holt Bugbee, for assault and battery. The defendant was a tall six-footer who had been brought up in the back woods, who had a very loud voice and extremely large feet. It seems that the com- plaining witness was a nephew of the defend- ant. One day while passing along the highway in front of the defendants house he began tantalizing the latter, calling opprobrious names and casting slurs upon Bugbee and his family. Finally Bugbee came out and gave the fellow a "booting." Bugbee was arrested and tried for assault and battery before justice court. W. F. Terhune was employed as counsel for the defense. R. P. Gillett, one of the early settlers of Viroqua, appeared for the prosecution. He was an odd, rough and ready genius, and was possessed of a good deal of natural wit and originality. It should be stated by way of ex- planation that the settlers in that region made a good deal of maple syrup, catching the sap in large sap-troughs made from linn trees. After the witnesses had been examined the argument of the counsel was heard. The defendant had nothing to offer save that the act was justifi- able, was brought about by great provocation and was necessary to teach the boy better man- ners. Mr. Gillett, for the prosecution, in sum- ming up the evidence and laying down the law, stated that "the boy was in the highway where he had a perfect right to be, and that no words could constitute a provocation which would justify Holt Bugbee in coming out and booting the boy with a pair of sap troughs." Continu- ing, partly in replication, he stated that "noth- ing argued on the part of the defense, would justify the defendant in starting out on the highway and kicking a poor boy with a big pair of "fourteen boots." "Its an infernal lie!" yelled Holt; "I only wear twelves!" holding up his foot. The boots were fined fifty cents.

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History of Vernon County, Wisconsin, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 24

Author: Publication date: 1884 Publisher: Springfield, Union Number of Pages: 814

Author:
Publication date: 1884
Publisher: Springfield, Union
Number of Pages: 814