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 25
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llon. Edwin Flint, of La Crosse county, was elected judge of the sixth judicial circuit in the spring of 1862. He served for six years. Judge Flint was a good lawyer, and a thorough
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master of all the detail knowledge relating to the profession. He now lives in Mason City, Iowa, having retired from the active practice of law.
The case of State vs. John Tibbetts, upon indictment for murder, came up at the fall term of circuit court in 1864. The killing took place early in April, 1864. August Nifeneeker, a former resident of Bad Ax city, was shot by Wm. S. Tibbitts, and died in about five hours. The substance of the testimony of witnesses was, that during a melee between Nifenecker and two men named Fopper and Moreville, Tib- bitts seized the heart of a stave cut about thirty inches long and three or four inches through, and struck Nifenecker a heavy blow with both hands, cutting a deep gash in the center of the head from near the edge of the hair on the forehead, two inches long, toward the back of the head. In a few moments Nifenecker re- covered and asked who struck him. On being told that it was Tibbitts, he looked around, and seeing him, gave chase. Tibbitts ran for the store, where his gun was standing behind the counter, and seizing it he shot Nifenecker in the breast, while the latter's hand was upon the latch, pushing open the door, with one foot on the door sill or top step. Tibbitts was seen to load his gun in the store previous to the shoot- ing. From the evidence it did not appear that there had been any quarrel between Nifenecker .and. Tibbitts previous to the time of Tibbitts using the stave cut. The preliminary examina- tion took place before Judge Graham and Jus- tice J. E. Newell, and bail was fixed at $1,500, for want of which the prisoner was placed in jail. Before trial in circuit court, the defend- ant obtained a change of venue to Crawford county. He was tried, found guilty of man- slaughter and sentenced to two years in the penitentiary. He served his term, and after- ward became so demented that he was placed in the insane asylum where he still remains.
In the spring of 1864, a number of ruffians belonging to a band of horse theives were cap-
tured and brought to trial before the circuit court. The following account of the affair was published by the Northwestern Times, of Viroqua, in its issue of May 25, 1864 :
THE BATTLE OF KICKPAPOO.
"On Saturday morning last, under Sheriff Po- land, ex-Sheriff Goode, and Messrs. A. P. Bliss, A. Smith, L. C. Gillett, C. P. Richardson and H. A. Robinson, upon information received from a reliable source, made a descent on some horse thieves, who had congregated at one Dr. Hills, in a secluded place on the west side of Kickapoo river, about a mile and a half above the little village of Kickapoo Center, in Ver- non county ; and after a night ride of about fifteen miles, came upon them suddenly, about half an hour after sunrise. The two horse theives started for the bushes. Hill was or- dered to open the gate, which he did upon threat of being shot by Mr. Goode. Some got through the gate, and others got into the field through which the thieves were running, some other way. They quickly gathered round the skedadlers, and seized one of them, but the ring- leader shot Mr. Goode in the fleshy part of the shoulder, and in the melee caused by the falling of Mr. Goode, Graves, alias Eno got out of and a little ahead of the crowd. Several followed Eno and two of the party, Bliss and Poland, each fired two shots at him, and he fired two shots at Bliss, one of which passed through the right ear of the horse on which he was riding. The party here run out of ammunition and it being impossible to ride horses into the thick brush and over the logs, he was not taken. But the other thief and three horses were brought to Viroqua. Since that time Dr. Hill and other parties supposed to belong to the gang, or know something about them, have been brought to Viroqua, also, Eno's rifle and a fine mare and colt, that he claims as his property, that was probably stolen. Eno shot the sheriff of Fay- ette county, sometime since and a reward of $150 is offered for his body."
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The same paper in its issue of Dec. 7, 1864, under the head of " Vernon County Court," said :
"The last term of court closed on Wednesday after a session of two and a half weeks. The members of the Kickapoo horse thief gang were convicted, Dr. Hill and Millison, for rob- bing old man Roger and Pitzenberger, ( usu- ally ealled Spitzenberger) for horse stealing and all three were senteneed to States' prison for three years ; and all three were escorted to Waupun, by our wide awake sheriff, Rogers, and his efficient deputy, T. B. Brown. The La Crosse Republican says :
" A tough gang of robbers and horse thieves who have for years committed serious outrages in the valley of the Kickapoo river, in Vernon county, recently had their arrangements dis- turbed. Three of the ring leaders were con- ricted last week in the circuit court after an exciting trial of several days duration ; and were sentenced by Judge Flint to three years imprisonment in the penitentiary. Dr. Ilill, who has been a man of considerable note in that region, and a man named Millison, who was his near neighbor, were convicted of rob- bery. A man named Jacob Pitzenberger was convicted for horse stealing. Their conviction was seeured by Millison turning States-evidence against Pitzenberger, which so exasperated the latter's wife that she turned States-evidence against Hill and Millison. The good work of caging such villains is not completed, as others of the same sort will be brought to justice. The trial of these men was conducted with great ability by Mr. Priest, of Viroqua, and Mr. Montgomery, of La Crosse, for the State, and Judge W. F. Terhune, of Viroqua, for the prisoners."
The case of State es. Charles Skippens, was of marked importance. It came before the cireuit court at the spring term of 1865. The partieulars of the occurrence through which the defendant was indicted were briefly as follows : One Friday night, early in January,
1865, John Good and James E. Newell, Jr., went into the only saloon in Viroqua, at the Dunlap House. Charles Skippens, the proprie- tor, was holding a light for Mr. Stroup, who was fixing a bedstead for Skippens. Good ealled for some beer and Skippens said he had no time to get it, as he was busy. Good started behind the counter and Skippens seized him and was pulling him out as Newell put his hand on Skippens' shoulder, and said, "don't hurt John, he is drunk." Skippens and Newell elenehed and Skippens pushed the latter to the floor over a chair. Newell then turned upon Skippens and struck him several times in the face, when Newell was pulled off and Skippens went into the other part of the basement and then up stairs. Newell went out and stood at the corner, a few steps from the stairs leading down into the saloon. A few minutes later another disturbance between Good and Skip- pens' step-son began and Newell started to go into the saloon. L. C. Gillett and others tried to persuade Newell not to go. He kept on until he stood on the second step leading down into the saloon. At this instance Skippens dis- charged his shot gun at Newell's head, through the window, just over the steps leading to the saloon The muzzle of the gun was only about five feet from Newell's head when discharged. The charge of shot took effect on the right side of the head, tearing away the lacerated scalp and pushing it down over the right eye, and fracturing the scull. Newell sank to the steps apparently dead. He was taken to his father's house and Drs. Rush and Tinker were summoned to his aid, but it was all in vain, for the unfortunate man died on the 14th of Janu- ary, 1865.
James E. Newell, Jr., was a native of Morgan Co., Ohio; son of Hon. James. E. Newell, Sr. He came to Viroqua with his parents in 1854, and was thirty years of age at the time of his death. He had just completed his three years army service in the sixth regiment, Wisconsin Volunteers, and came home in perfect health,
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received a warm greeting and looked forward to a quiet life in the midst of friends.
Immediately after the fracas, Skippens was arrested and taken to jail the back way, as the people were terribly excited and further vio- lence was feared. Upon a preliminary exam- atiou he was bound over and in the spring the grand jury found a true bill of indietment against him. Ilis first trial was had at the April term of circuit court in 1865. The jury found him guilty of willful, deliberate murder. For technical reasons the verdict was set aside and a new trial was granted. The defendant then applied for a change of venue, and the cause was removed to Monroe county, where, at the March term, 1866, it was again tried, and the jury failed to agree. At the November term, 1866, the final trial was had, resulting in the acquittal of the aceused upon the ground of self defense. Thus ended one of the most ex- citing cases that has ever been tried in the county.
In June, 1867, Charles Shippens was again arrested, this time for rape and adultery. He was placed in jail at Viroqua together with Charles Shannan, who was charged with burg- lary. On the night of July 11, 1867, both of the prisoners escaped jail. The two were locked up in the same cell, and during the night in question they began operations by removing their bed and prying up a flat stone which was part of the floor of the cell. This stone was under the bed and next the jail wall. The in- strument used was a short stick sharpened in crowbar form at one end. The stick had been taken into the cell for firewood, and had been there since cold weather. After the stone was pried up they began to dig, using wooden pad- dles and an old case knife, which had come into their possession by some means. About two feet below the stone first pried up, they came to the loose stones in the bottom of the jail wall, and removing some of these, they had, so far, a sufficient opening through which to escape. And now the help of good friends on the outside
came into play, and some right-handed shoveler, (as was evident from the direction the dirt was thrown), dug a hole with a spade to communi- cate with the aperture inside. The opening was then complete and the birds flew. Skippens was traced to Ohio, where he had died.
The murder of Robert Lange, which took place early in January, 1865, was one of the the most shocking and cold-blooded affairs that have disgraced the history of the State. The murdered man and his murderer were both resi- dents of Vernon county although the foul deed was committed on the prairie three miles south- east of the city of LaCrosse. Robert Lange kept a store and saloon on Coon Prairie. On the evening of Jan. 4, 1865, he left his place for LaCrosse, in company with Jacob Clear, a soldier of company K, 18th Wisconsin regi- ment, whose furlough had just expired, and he claimed to be on his way back to the regiment. This Jake Clear, as he was generally called, had heretofore elerked for Lange, when his estab- lishment was further north on the same prairie. Hle had been hanging around Lange's for several days previous to Jan. 4, 1865. When about six miles from their starting place, the two stopped and got some coffee, and while there the woman saw Lange take out his money and count it, when Clear asked how much money he had and received as an answer "over a thousand dol- lars." Between 10 and 11 o'clock that evening Lange and Clear stopped at the Greenfield House, five miles from La Crosse, and drank some beer ; Clear keeping his face hid as much as possible and drinking with his face away from the counter. About 3 o'clock in the morning of the following day Lange's team was found standing at the Bloomer House. About one quart of blood was found on the seat of the sleigh. As soon as it was light enough search was made, and Lange's body was found about eighty rods from the track, with the back of the head, side of the head and jaws smashed in with the head of an ax. The bloody ax lay near the body. The murderer set up two empty beer
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kegs, one on each side of Lange's dead body. Clear at once returned to his regiment and ac- companied it to Chicago, where he was arrested. He fully confessed his guilt and was taken to LaCrosse and placed in jail; but was soon taken to Milwaukee to save him from being hung by Lange's friends. Ile plead guilty, and was sentenced to the penitentiary for life ; but through some influence he was pardoned in 1880 by Gov. Smith, and is now at large.
At the spring term of court in 1868 the case of State vs. Alonzo Mitchell and others, evoked a good deal of interest. A lot of young fel- lows from Hillsboro and vicinity were arrested at the instance of Julia A. Betts, for taking part and engaging in a charivari. After a a lengthy and exciting trial, the boys were found not guilty. The lady, however, after- wards commenced a civil action against the de- fendants and recovered damages.
In the spring of 1868 Hon. Romanzo Bunn, of Sparta, Monroe county, was elected judge of the sixth circuit. llis term of office began Jan. 1, 1869. In 1874 he was re-elected and served until appointed United States district judge, in in 1875, when he resigned the circuit judgeship.
In December, 1868, the grand jury returned five indictments against Warren Dennison, who lived at what was called Coon slonghi, in the town of Bergen, Vernon county. Den- nison was an offender. He was charged with horse stealing, and many other criminal acts. In the fall of 1868 deputy sheriff William W. Lowrie, of Newton, went after him on a jus- tice's warrant and found him at home ; but he was sitting by the fire covered with blankets and pretended to have the rhenmatism so that he could not walk. So he was left upon the promise on his part to come to Viroqua as soon as he was able. But in a day or two suspicions were entertained that he was merely playing a dodge ; so Lowrie went after him again, but the bird had flown. Two or three times during the winter there were reports that Dennison had come back, but when he was searched for, it
was found that he was still skulking. Hear- ing again that Dennison was at home, Mr. Lowrie and Gates Page, on the 1st of May, 1869, started ont to capture him. They found him near home, but when he saw them he started to run toward the river, where he had a skiff, and his pursners followed. While running, Lowrie fired a shot in the air to warn Dennison to stop. He did so, and turned back on his pursners, having his hand behind him. Lowrie asked what he had in his hand. Den- nison replied, a revolver. Lowrie told him to drop it, which Dennison refused to do. Lowrie then told him of the warrant for his arrest, and in- formed him that if he would surrender, he should not be hurt. Dennison refused to surrender, and said that if shooting was the game he could shoot as well as any man, and started toward Page, who levelled his shot gun on him. Then Dennison turned toward Lowrie, revolver in hand, and the two fired at each other about the same instant, although Lowrie was a little too quick for Dennison, his ball hitting the latter in the thigh, and probably disturbing his aim. Dennison did not fall, but was getting ready to shoot again when Page shot him, the load taking effect under the right shoulder. Denni- son then dropped his revolver and tried to pick up a sled stake, but failed, falling back with the words "I'm dead." When he fell, Lowrie car- ried water to him from the river and washed his face. In a short time he died. A coroner's inquest was held, and after an examination the jury rendered the following verdict : "That the deceased came to his death by a wound from a shot gun in the hands of I. G. Page ; that the killing was justifiable."
The case of State vs. Josiah Dennison for the murder of John Oliver, came before Judge Bunn at the fall term of the circuit court in 1869. The facts of the case, as developed by the evidence, were as follows: There was a dance at John Britt's saloon, Genoa, formerly Bad Ax city, on Christmas eve, 1868, which the Olivers and Dennisons attended. It seems
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that there had been trouble between John Oliver and Warren Dennison, father of the Dennison boys. Late in the night of the dance John Oliver began to talk to James Dennison about this old grudge; but the latter told him that he did not want to have anything to say about his father's quarrels, and so the two parted without hard feeling. John Britt then got Oliver over to his house with the design of keeping him there and preventing a fracas. In the meantime Josiah Dennison had taken his partner home. After Oliver left, two friends of his began to boast that Oliver "could whip any Dennison," and offered to bet twenty-five dollars on it. This to James Dennison. When Josiah came back, James told him what had been said, and added that the men seemed de- termined to bring on a fight. Josiah then went to the men who had been talking of betting, but they denied the offer of twenty-five dollars, offering a wager of five dollars instead. It ap- pears that there was then a match made up for Josiah Dennison to fight John Oliver, the next day, it being stipulated by Dennison that he and Oliver should both be searched for weapons before the fight began. After it was settled that the two men were to fight, some one went over to Britt's and told John Oliver, who at once became enraged, put himself in fighting trim, and ran to the saloon in which the Dennisons were, calling out loudly for "that d -- d Denni- son who is to fight me." Those in the saloon rushed ont, Josiah Dennison among the first. The two men met on the steps, Dennison say- ing, "Wait till I pull off my coat." While he was in the act of pulling off his coat the fight began, probably by Oliver striking at him. Almost as soon as they closed, Dennison called out that he was stabbed, broke loose and ran down the street, Oliver after him. Not over- taking Dennison, Oliver soon came back toward the crowd. Meeting a man in the street he asked if he was a Dennison, which was de- nied. Passing on he came to George Dennison and with the words, "God d -- d you, you
are a Dennison," closed with him. George at once began to cry out to take him off that Oliver was "cutting him all to pieces." With that, Henry Dennison ran up, took hold of Oliver's shoulders, and jerked him off. Just at this instant, and while Oliver was in the attitude of striking with his kuife, Josiah Dennison came up and shot him in the back of the head, about the base of the brain, cansing almost in- stant death. The stabs inflicted upon the Den- nison boys were not serious. Josiah Dennison gave himself up and upon preliminary examina- tion was bound over to the fall term of circuit court in the sum of $1,000. A change of venue was taken to La Crosse county, where the case was finally dismissed, the killing having been so plainly justifiable.
At the June term of court in 1870 there were two horse thieves tried upon indictment, Marion Robinson and J. W. Grubb.
Marion Robinson had stolen a horse from a Norwegian in Hamburg township. He sold the horse; was followed by the owner; arrested; in- dieted; plead guilty and was sentenced to the penitentiary for three years.
J. W. Grubb stole a horse which belonged to H. W. Haskell, from a hotel barn in Viroqua. He was actuated more from the spirit of revenge than gain. He was arrested in Grant county and while Sheriff Brown was bringing him back, he escaped and took to the fields, running like a deer. The sheriff brought him down by shoot- ing him in the thigh, and they then proceeded on their journey. Grubb was indicted by the grand jury, plead guilty and was sentenced to one year in the penitentiary.
Another interesting case which was tried at the June term, 1871, was that of the State vs. Chester Barrett, upon indictment by the grand jury. There were three counts in the indict- ment "for bigamy, adultery and lewd and las- civions condnet." It seems that many years prior to this time Barrett had been married, in Vermont, to a woman named Olive
The ceremony was performed by a minister
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who lived in an adjoining State, and the stat- utes provided that all marriages should be per- formed by magistrates who were residents of Vermont. A few years after the marriage, Barrett came west and located in the town of Liberty, Vernon county. Here he was married again, to Jeanette Wood, on the supposition that the former marriage was illegal. In - 1871, his first wife, Olive, prosecuted him and he was indicted as stated. Upon the first two counts in the indictment Barrett was acquitted; but was convicted upon the last, and sentenced to six months in the county jail. This was the man that was afterward shot and killed by Comfort Starr,
On the night of Oct, 3, 1871, James Butler burglarized the saloon of Peter Bartholomew, at De Soto, with intent to steal. The grand jury system had just been abolished, and in- formation was filed against the defendant by Carson Graham. lle was arrested, and upon preliminary examination was bound over to the circuit court. He plead guilty and asked to be sentenced by the county court. This tribunal sentenced him to one year's hard labor in the penitentiary.
The case of State vs. Nathaniel and Martha Cummings was tried at the May term of circuit court, in 1873. This was for assault upon the father of Nathaniel Cummings. While there was nothing of especial interest in the facts con- stituting the cause of action, yet the case in- volved a proposition of law which made it more than an ordinary one. It seems that the father and children had had some trouble regarding land, and the difficulty finally terminated in their coming to blows. They met, got into an altercation, and the woman seized a stick, and, in the words of the evidence, "hammered the old man," Nathaniel and Martha were arrested and tried. Nathaniel was convicted and fined 850 and costs, while Martha was acquitted. This was upon the principle that the wife hav- ing struck the blows in the presence of her hus- band, she was acting under his authority and
coercion, and he was therefore responsible for her acts. The attorneys were Terhune & Gra- ham for defense, and C. M. Butt for prosecu- tion.
The fall term of circuit court in 1873 was disgraced by another murder trial. It was that of Comfort Starr, charged with the murder of Chester Barrett. These men lived in the town of Liberty. For a long time they had been at outs, and in constant quarrels regarding fences and easements belonging to real estate, On the 9th of June, 1873, Starr attempted to drive across a certain piece of land in the town of Jefferson. Barrett came from his honse with a gun in hand and forbade his crossing. After a few words and threats Starr seized the gun he had brought with him and shot Barrett, killing him. Starr was arrested and bound over to the circuit court. The case was tried at the fall term in 1873, and was ably conducted by C. M. Butts, district attorney for the State, and Car- son Graham and O. B. Thomas for the defense. Starr admitted the shooting, but plead self de- fense, and upon this ground was acquitted by the jury.
The spring term of court in 1875 was made memorable by the trial of the notorious case of State rs. J. P. Larry the defendant being charged with shooting John Downie. Larry and Downie were half brothers living near each other in the town of Liberty. On the 9th of November, 1874. while plowing in his field, Downie was shot by some unknown person and for a long time laid at the point of death. Isaiah Guist, a neighbor with whom Downie was not on very friendly terms, was arrested on suspicion of being the perpetrator of the foul and cowardly deed, but he clearly proved his innocence and was immediately discharged. As time went by the suspicion that Larry had done the shooting gained ground, and he was finally arrested. He plead not guilty and based his defense upon proving an alibi. The trial was a long and interesting one, and at one time a crowd from the neighborhood of the
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town of Liberty collected and threatened to lynch the prisoner, so strong was the circum- stantial evidence against him. But they were prevailed upon to desist. One strong point made by the prosecution was, that Downie's gun had been missing for several weeks prior to the shooting and this gun was found under a log near by where the man who did do the shooting stood. But Larry proved an alibi to the complete satisfaction of the jury, and was therefore acquitted. The fact as to who was the criminal is stifì shrouded in mystery.
Hon. Alfred William Newman was elected judge of the sixth judicial circuit, to succeed Judge Bunn, in the fall of 1875, and is the pres- ent incumbent. Judge Newman was born in Durham, Greene Co., N. Y., April 5, 1834. His parents resided on a farm near the village, where Judge Newman remained until he was twenty years of age, engaged in agricultural pursuits during the summer, and attending school in the winter. In 1854 he entered Hamilton College, from which he graduated in 1857, and continued the study of law, which he had commenced while in college. On the 8th of December, 1857, the judge was examined at Albany and admitted to the bar, and in Janu- ary, 1858, he came west, settling in Kewannee Co., Wis. Two months later he removed to Trempealeau, where he has since lived. He held various local offices and was State senator prior to his election to the circuit bench.
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