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 26

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 26

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The case of State vs. Nancy C. Wiseman for ssault with intent to kill, came before the cir- cuit court of Vernon county, at the November term, 1878. It was really the termination of a series of occurrences which had before this received the attention of the district attorney. It seems that a single woman ramed Mary J. Sneed, living in the town of Stark, became the mother of a child, which she swore upon Mr. Wiseman, the husband of the defendant in the case in question. Bastardy proceedings were commenced against Wiseman, and he fled the State. A compromise was effected with the in-

jured woman, by mortgaging one-half of Wise- man's farm for $500, and the proceedings were abandoned. When the pay-day of the mortgage came Mrs. Wiseman had concluded that her hus- band was not guilty, and refused to pay the same. The parties came to Viroqua, and counsel was secured. Mrs. Wiseman's attorney found that her defense was untenable, and it was accord- ingly abandoned. When she found that the money must be paid, she seemed to go into a perfect frenzy. Seeing the author of her troubles, as she thought Mary Sneed to be, she followed her into a store, where some trading was being done. While Mary Sneed was talk- ing to a clerk, Mrs. Wiseman rushed up, and drawing a revolver pointed it at the girl's head and pulled the trigger! As good fortune would have it, the clerk threw up Mrs. Wiseman's hand and wrenched the weapon from her grasp before it was discharged. Mrs. Wiseman was at once arrested, and was tried for assault with intent to kill; but the jury acquitted her on the ground of insanity. The mortgage was fore- closed, and thus the case was finally settled. The attorneys were Il. P. Proctor, of Viroqua, for the prosecution, and C. M. Butt, of the same place, and Morrow & Masters, of Sparta, for the defense.

Another murder trial engaged the attention of the circuit court and the interest of all Ver- non county, at the spring term, 1880. It was that of the State es. Carl Olson for man- slaughter. The case was ably conducted by H. P. Procter, district attorney, for the State, and Butt & Graves for the defense. Carl Olson kept a shoe shop at Westaby, a few miles north of Viroqua. One night during the winter pre- ceding the trial, a number of persons, among whom was Ole A. Johnson, gathered at Olson's shop, and a quarrel arose, during which Olson ordered some of the others out of his shop. During a fight which ensued Johnson received two blows upon the head, one of which pene- trated the skull, and the wound had the ap- pearance of having been inflicted with a ham-

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mer. The following morning Johnson returned to his home, some distance from Westaby, and shortly afterward hauled some wood from the timber. A few days after the occurrence he was taken very ill, went crazy, and soon died. Olson was arrested, charged with the crime of manslauhter. He denied that he knew any- thing about who struck the blow, and plead "not guilty." The trial excited great interest. Sixty witnesses were summoned and examined and the jury found Olson "not guilty."

The case of State vs. Bradly G. Emmons and Sally L. Tripp, for adultery, came before the circuit court at the fall term, 1880. Emmons was the hired man of Mr. Tripp, the husband of the co-defendant, in the town of Hillsboro. She plead guilty, and was sentenced by the county judge to pay a fine of $200. It was paid by her husband. Emmons was tried by circuit court, found guilty, and sentenced to two years in the penitentiary.

In the summer of 1881 Thomas and James Riley were arrested for burglary. They had

entered the store building of Albert and Au- gust Zabolio, at Genoa, and stole $92. They were bound over to the circuit in the sum of $200 each, and upon depositing the amount with the sheriff they were released upon their own recognizance. Upon gaining their free- dom they both fled to some of the western ter- ritories and forfeited their bail.

COUNTY COURT.

County courts, or as they are generally termed, probate courts, were created by the constitution of the State, adopted in 1848. For a time they were vested with civil and criminal jurisdiction but this was soon taken from them. The name probate court expresses the jurisdiction which county courts now possess. Terms of this court are held monthly. In connection with the chap- ter upon county representation, the office of county judge is treated at length, showing who h ve filled the position since the reorganization of the county.

CHAPTER XVI.

THE BAR OF VERNON COUNTY.

There is no class or profession which has more influence in social or political matters than the bar. Even the press, which wields a mighty power among the masses, does not sur- pass it, as matters treated are generally local and varying. The pulpit, a great worker of good, is more devoted to the moral and spirit- ual welfare of man. But the profession of law embraces all under one grand aim. Upon the few principles of natural justice is erected the whole superstructure of civil law, tending to relieve the wants and meet the desires of all alike. The grand object of law is equal justice

to all. Laws are formed as exigences arise de- manding them, by the representatives of the people. Change is necessary. The wants of the people of to-day, and the lawful restraints to be thrown around ns of the present age differ from those of past years. They are either too lenient or too severe; in one case to be strength- ened, in the other modified. The business of the lawyer does not call upon him to form laws; but it lies with him to interpret them and make their application to the daily wants of men. Every matter of importance, every question of weight among all classes and grades of society,

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come before him in one form or another for discussion. Hence, the lawyer is a man of to- day, posted upon all matters pertaining to the age in which he lives. His capital is his ability and individuality, and he cannot bequeath them to his successors. They die with him or live in the memory of his deeds and sayings.

In the early days of Wisconsin, business was not so great in extent as to occupy the full time of the lawyer. Suits were not so numerous or remunerative as to afford him a living for him- self and family, and often other occupations were taken in connection to swell the slender income. As a rule the lawyer became a politi- cian, and more of the prominent lawyers of those days went to Congress and the State Leg- islature than at present. The people demanded their services and they were glad to accommo- date the people. To-day the profession stands at the head, almost, of all others, and the good lawyer must always be prominent, as he is one of the forces which move, control and protect society.

THE BAR OF THE PAST.

The bar of Vernon county has numbered among its members many who have been an honor to the county and to the profession, as well. So far as material was accessible, sketches are given of each attorney who has practiced before the courts of the county. If any are omitted, it is because their names have been forgotten, not from intention.

The peculiarities and personalities which form so pleasing and interesting a part of the lives of the members of the bar, and which, indeed, constitute the charm of local history, are, in a great measure wanting. Unlike the fair plain- tiff in the famons Bardell vs. Pickwick, there has been no "painstaking sergeant to relate the facts and circumstances of the case."

Of those attorneys who resided in the county at one time, and are now dead or have quit practice or left the county, the historian will speak first, later of the present bar.

Among those who have practiced before the courts of Vernon county, or who have been licensed resident lawyers, are the following: Lorenzo A. Pierce, T. J. De Frees, Rufus Dun- lap, II. W. McAuley, A. II. Older, William Austin, R. C. Bierce, John J. Cole, W. S. Purdy, Carson Graham, O. O. Phillips, Newton M. Layne, D. B. Priest, E. H. Harding, T. C. Ankeny, Il. HI. Natwick, T. J. Vinje, C. N. Harris, A. W. Campbell, D. E. Hatlestad, R. J. Chase, John Nicholson, E. J. Steele, A. A. Hosmer and David Briggs.

Lorenzo A. Pierce was the first licensed lawyer in Vernon-then Bad Ax-county. Prior to the organization of the county he had come from Dane county and located upon a piece of land about two miles north of Viroqna and was engaged at farming. He had a fair common school education, and had been a school teacher. When the county was or- ganized he was elected district attorney, so he began reading law, and was admitted to the bar at the first term of circuit court held in the county, on the 9th of May, 1851. He remained in the county but a short time, leaving it is thought to return to Dane county.

Thomas J. De Frees was one of the earliest settlers of the county, and among the first licensed attorneys. Mr. De Frees was born Nov. 4, 1804, in Rockbridge Co., Va., four miles from Lexington, the county seat. When seven years of age he removed with his parents to Miami Co., Ohio,near the present city of Piqua. Here he resided until May, 1837, when he moved with his family to the State of Illinois; thence to Wisconsin, in the present Vernon county, in 1846, where he arrived on the last day of July. He located upon a farm about one mile and a half south of town, and a few years later moved to town. At the second term of the circuit court he was admitted to the bar and, for a time, did his share of what little legal business there was to do. About 1856 he sold his farm to a Mr. Beabout, and moved to . Victory, where he was engaged in merchandis- :

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HISTORY OF VERNON COUNTY.

ing for a short time; then came back to Viroqua and bought some property on Bishop branch of Wolf creek. Here he put up a little grist mill. Several years later he and his son-in-law, O. C. Weeden, bought a steam engine and put that into the grist mill. They sold to Joshua and James Ady. In 1874 both Mr. De Frees and his son-in-law removed to Kansas, where they still live. Mr. De Frees, it is claimed, gave the first name to the county-Bad Ax-from the river of that name. He was the first probate judge of that county; served out the term for which he was elected, and was appointed by the governor to serve part of another term. He was also the third district attorney of the county.

Rnfus Dunlap wasamong the first settlers in the county. He came from Ohio; was a man of about forty years of age and was genial and pleasant in disposition. Ile went to keeping hotel at Viroqua. In November, 1851, he was admitted to the bar but never attempted the practice of law. He remained here until the time of his death.

II. W. MeAuley was for many years an active and prominent member of the bar of Vernon county. He came to Viroqua in 1853 from Lancaster, Grant Co., Wis., and opened a gen- eral merchandise store in company with George McCormick. Later he opened a regular law office and pursued the profession for several years. He still lives in the county, now mak- ing his home in the town of Wheatland.

H. W. MeAnley is one of the well known early settlers of Vernon county, and has been inti- mately connected with its progress since its or- ganization. Ile was an early attorney of the county and was admitted to the bar in 1842. He commeneed practice in Jackson Co., Iowa, in March, 1843, where he remained four years. He was admitted to, and practiced in all the courts of the territory (Iowa then being a terri- tory) and practiced successfully with such law- yers as Platte Smith, of Dubuque, Judge Leff- ingwell and Timothy Davis. He wasa student

ot the old common law practice of Blackstone, Chitty, Starkie, Maddox, Rosco, Comyn, Jones, ete., but never was a willing devotee to the code practice (or Gunter's rule) of eut and try. A native of North Carolina, his ancestors belonged to the Meeklenberg colony and emigrated from Scotland to North Carolina, in 1774. He was born Sept. 9, 1816. His father, Daniel McAuley, emigrated to Mythe Co., Va., when HI. W., was but three months old. In 1830 the family moved to Hendricks Co., Ind. Mr. McAuley came to the territory of Wisconsin, in 1835, and located at Mineral Point, in what is now Iowa county, where he was engaged in mining for a time. He was in Grant county when it was organized, in May, 1835. In August of that year, he went back to Mineral Point. Mr. McAuley, at this time, was quite a young man and not permanently located. He went back to the State of Indiana in the fall of 1835, but returned to Wisconsin again, the following year. In 1838 he again returned to Indiana and was married at Lebanon, Boone county, in 1839, and in 1840, returned to Wiseon- sin and located at Lancaster, Grant county. He had built the first house in the present village of Lancaster, two years previous, in 1838. In 1852 he came to the town of Wheatland, and assisted in laying out the village of Vietory, as will appear in the history of tl.at town. He was the first man who sold goods in that village. and has been a resident of Vernon county since 1852. In November, of that year, he went to Liberty Pole and engaged in mercantile busi- ness. In the fall of 1853 he moved his goods to Voroqua, where he continued business for some time. In 1854, owing to the difficulty of finding a store room, he removed to the town of Sterling and located on section 16. On the Bad Ax, he built a saw and grist mill, which was the second mill built on the south branch of this river, Ira Wisell having erected the first. Mr. McAuley was engaged in milling until 1871, when he sold out to his sons, William Il. - H. MeAuley and R. M. McAuley, and removed to Viroqua, in 1872; in 1873 removed to Sparta,

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where he was engaged in the patent business for a time. In 1869 he patented a turbine water- wheel, and in 1870, a nut loek of great merit, but never introduced it; then again located in the village of De Soto in 1875 and sold goods for a time. He now resides in the town of Wheatland on section 31, town 12, range 6, west, where he is engaged in farming, making a specialty of raising sorghum. Mr. MeAuley has been three times married, his first wife was Eliza A. Richie, born in Nicholas Co., Ky .; the second wife was Rebecca A. McConnell, a na- tive of Obio; his present wife was Melvina Sloan, born in Clarion Co., Pa. Mr. MeAuley has had twelve children, seven of whom are living, three sons and four daughters. In 1834 he wrote his first letter, which was badly exe- ented, he not having had any instruction, being now away from home, at the age of seventeen, because of shame for his ignorance. But July 5, 1834, he started to school at the Wabash Col- lege, at Crawfordsville, Ind., where he contin- ned at intervals, as his health would permit, un- til the spring of 1836, having visited Wiscon- sin, in 1835, as before stated, for his health. Poor health from 1833 to 1851, prevented his entrance into publie life, so he contented him- self with an investigation into the matters of science, history, political economy and religion. He was always slow in taking a position on any new question, and as slow to yield to public sentiment which so often leads the unthinking man astray. He is an ardent lover of machin- ery, and firmly believes that the day is close at hand, when machinery will do all the work and leave the human hand and brain nothing to do but control; when the air like the water, will be navigated by vehicles as safely, the one as the other, as nature's elements are equal to the gratification of every desire of an elevated eiv- ilization. Development and maturity are the result of circumstances over which no finite hand or mind has any control.

upon a farm near Viroqua. He was a man of about thirty-five years of age and had a family. Whether he was ever admitted to the bar is a question, but he practiced considerable before justice's court in early days, and for a time was justice of the peace. He remained here until 1856, when he sold his place to N. Morrison, and moved to the State of Iowa, where, when last heard from, he still lived.

William Austin came to the county in 1853, from Marquette county, in the eastern part of the State, and settled at Readstown, where he built a little brewery, which burned down a few years later. While there he began the practice of law, and was admitted to the bar at Viroqua. He remained in the county until just before the breaking out of the war, when he moved to Iowa, and when last heard from was in California. Austin never amounted to any thing as a lawyer; nor, in fact, was he suc- cessful in anything else he undertook. Ile was a pleasant appearing, oily tongned fellow, and many of his transactions while here betokened unsavory principles.

Royal Clifton Bierce became a member of the Vernon county bar in 1853. He was born in Cornwall, Litchfield Co., Conn., on the 3d of October, 1818 ; being the next to the youngest of eleven children. His father died when he was five years old, and the following year, the mother, with such of the children as were still living at home, moved to Nelson, Portage Co., Ohio. Royal C. received his education at the dis- triet schools in Cornwall and Nelson, and in the academies of Tallmadge and Farmington, Ohio. When twenty years of age he entered the law office of IIon. John Crowell, of War- ren, Ohio, and having read law the statutory length of time, was admitted to the bar. He did not attempt to practice law in Ohio, save now and then in justice court, but taught school for two years and then came west, landing at Burlington, Iowa. He taught school near there one year, and not being satisfied with the

A. H. Older came to Bad Ax county from the eastern part of the State in 1849, and settled | country, came to Wisconsin and located at

HISTORY OF VERNON COUNTY.

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Patch Grove, Grant county, in May, 1845. For a time he worked for a farmer and in November began teaching the district school at Patch Grove. In May, 1846, he tore up his Ohio diploma, went to Lancaster and entered the law office of Barber & Dewey, remaining with them until the fall term of court, when he was admitted to the bar. After his admission he practiced law for two years in company with Oran I. Spencer, when his health failed and he abandoned his practice. In the fall of 1853 his health having improved hie located at Viroqua, and settled down to steady practice. He held the office of district attorney of Bad Ax, Vernon county, for two terms; the first in 1854-5, the second in 1858-9. In 1858 the Legislature passed an act requiring a thorough enrollment of the militia, organizing it into divisions, brigades and regiments, and requir- ing the governor to appoint all necessary field (flieers. Under this law, Gov. Randall ap- pointed Mr. Bierce colonel. The enrolled militia of Bad Ax county constituted the 16th regiment, third brigade, fourth division. Isaac Spencer, of Springville, was appointed general of the brigade. In the summer of 1859 Mr. Bierce formed a partnership with Newton M. Layne, but in the summer of 1861, Mr. Layne went into the service. This partnership con- tinued in name until the death of Mr. Layne, in 1864. In September, 1870, Mr. Bierce, feel- ing broken up in mind and body in conse- (mence of losses sustained in the great tornado, sold his property in Vernon county and bought a half interest in the Sparta Eugle. Ile moved his family to Sparta, and remained in sole editorial control of the paper until May, 1871, when he sold his interest in the Eagle, and removed to Menomonee, Dunn county, where he at once opened a law office. He held the office of district attorney of Dunn county for three successive terms, from January, 1872, to 1878, and upon the expiration of his last term of office, retired from practice. When J. M. Rusk was elected governor, Mr. Bierce

accepted an office in the adjutant general's department of the State government, which he still retains. Mr. Bierce was married in 1856, to Emily Ann Green, of Holyoke, Mass., by whom he had three children, one of whom is still living. The mother died Suly 25, 1874, and in November, 1875, Mr. Bierce married Mrs. Elvira M. Doerr, of Springville, a daughter of Rev. Luther Kendall. They have one child-Flora Emily.

John J. Cole came to Vernon, then Bad Ax county, From Massachusetts and located at Vir- oqua, in 1856. Ile had been admitted to the bar and in practice before coming here, and up- on his arrival formed a partnership with Hon. W. F. Terhune. Ile was well read in law, a hard student and had good success at the bar. He remained for several years when he re- moved to La Crosse, where he still lives.

William S. Purdy was admitted to the bar in 1859, but was never actively engaged in the practice of law. W. S. Purdy was born in Car- lisle, Sullivan Co., Ind., Aug. 28, 1822. Ilis father died when he was eleven years of age. . Previous to this time his opportunities were limited, so far as getting an edncation was con- cerned, to subscription schools. From this time he assisted his mother, who was left with insuf- ficient means, to support a large family of chil- dren. At the age of fifteen he commenced to learn the saddler's trade, which vocation he fol- lowed for about eleven years. In 1845 he came to the territory of Wisconsin. After spending all his money in mining, he worked in Mineral Point at his trade for about six months. Mr. Purdy married in Indiana and settled in High- land, lowa Co., Wis., where he remained for one year. lle then removed to Bad Ax, Craw- ford county, now in the county of Vernon. For ten years he followed farming, when he was elected clerk of the circuit court, which office he retained for eight years. He represented the counties of Crawford, Richland and Vernon in the State Senate one term. While living up- on his farm he held almost all of the local town

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offices at various times. In 1869 he was elected county judge and served for two terms in this capacity. He was married in 1846 to Jane E. Lemon. They buried two children and have two girls and six boys still living. Mr. Purdy was a whig in early days, but since its organi- zation he has affiliated with the republican party and has always been an active politician. He made Vernon county his home until 1873 when he moved to Pratt Co., Kan., where he still lives.

Judge Carson Graham, for many years a prominent member of the bar of Vernon county, was born in Erie Co., Penn., Dec. 25, 1815. He acquired his education at the common schools and academies of his day. His father was a farmer, and his labor was upon a farm until the age of seventeen, when he went to Pittsburg to learn the printer's trade, where he worked for a short time, and not liking the business re- turned home. He then taught school for some time. In 1835 he commenced the study of law and on the 18th day of December, 1837, he was admit- ted to the bar. Soon after he was appointed as- sistant attorney general, of Pennsylvania. He was also deputy United States Attorney for the western district of the same State for six years when he came to Wisconsin to look the country over. Failing to find a location to suit him, he returned to Pennsylvania. In 1849 he deter- mined to return to Wisconsin, and accordingly he located at Fond du Lac, where he remained three years, when he moved to Dubuque, Iowa. After a short stay in Dubuque, he located at LaCrosse ; but being broken down in health, he returned to Erie, Penn., and resumed practice there until 1857. At this time the desire to go west again, returned, and accordingly he went to La Crosse where he remained until Septem- ber, 1859, when he visited Viroqna on business and, as there seemed to be an opening here, he remained during the winter. In the spring of 1860 he formed a partnership with W. F. Terhune, and a year later was elected county judge, and this settled the question of his permanent loca-

tion. In the spring of 1864, he was re-elected, holding the office eight years. He was also dis- triet attorney two years. He was appointed reg- ister of bankruptcy for the sixth congressional district by President Grant and held that office until it was abolished. Judge Graham continued in active businsss at Viroqua until the time of his death, Jan. 30, 1881. He was a man of fine social qualities. Possessing a wonderful fund of anecdote, with a splendid memory of past historical events, he was a most interesting con- versationalist and public speaker. His widow still survives him.

O. O Phillips came to Viroqua in 1860, and read law with R. C. Bierce. When the war broke out he left the county, and his where- abouts are now unknown.

Newton May Layne became a member of the bar of Vernon county in 1860. He was born in Prestonsburg, Ky., March 19, 1839; being the eldest son of James FI. and Sarah M. Layne. He came with his parents to what is now Ver- non county, in March, 1854. In 1857 he was licensed as a local preacher in the Methodist Church. In 1859 he began the study of law in the office of Terhune & Cole, at Viroqua, and was admitted to the bar of the Bad Ax county circuit court, at the May term, 1860. He spent the following summer at Madison, Wis., in the office of Lawyer Rollins, returning in the autumn to Viroqua, where he entered into partnership with Col. R. C. Bierce, and began practice. In 1861 he was the republican nomi- nee for district attorney. In December, 1861, he was commissioned captain of the "Bad Ax Tigers," a company recruited by himself and Lients. Goode and Charles W. Pitcher, which in January following was mustered into service as company C, of the 18th regiment. In March, 1862, they left Camp Trowbridge, Mil- waukee; went South, and was in Prentiss' bri- gade at the battle of Pittsburg Landing. On the 6th of April Mr. Layne was taken prisoner, and in company with Gen. Prentiss and some sixty other officers, was held about seven

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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 26

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

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