History of Walworth County, Wisconsin, Part 90

Author: Western Historical Co
Publication date: 1882
Publisher: Chicago, Western historical company
Number of Pages: 998

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The peculiar features of the contests in 1880 and 1881 are more worthy of being recorded as a singular epoch in the charter history of Whitewater. On May 4, 1880, the charter election resulted as follows:

License-President of the Board of Trustees, F. C. Kiser, 301; Trustees, G. S. Marsh, 299; C. M. Brown, 301; O. B. Williams, 294; F. W. Tratt, 299; Supervisor, John W. Denison, 298; Marshal, Douglas Sykes, 300.

No License -President, H. Warne, 299; Trustees, Joseph Hanbert, 301; G. Halverson, 300; J. Casserly, 300; T. A. Stevens, 302; Supervisor, W. L. R. Stewart, 300; Marshal, L. C. Baker, 299. H. Heady for Clerk, and John T. Smith for Treasurer, ran on both tickets.

It will be at once seen that the contest was over the election of Trustees. The Clerk de- clared the following elected: F. C. Kiser. President: C. M. Brown, Joseph Hanbert and T. A. Stevens, Trustees. Messrs. Halverson and Casserly tied. Of the board declared elected, Messrs. Kiser and Brown only qualified. Mr. Hanbert declined to act with them, as he held that his opponent was not elected. This left the new board without a quorum for the transac- tion of other business than the calling of a charter election, which privilege they took advan - tage of in ISS1, as will be explained further on. The old board, of which Messrs. Warne and Haubert were members, continued, with several changes in its composition, to transact the busi- ness of the corporation. Messrs. Warne and Halverson were ousted in a suit brought against them by Marshal Sykes. The day before the regular time for holding the charter election, May 2, 1881, Joseph Haubert. President pro tem. ; Byron Brown, James Casserly and G. Halverson, Trustees, met at the office of Pitt Cravath and adopted the following:

Resolved, That no village election will be held on Tuesday, May 3, as provided by the charter. We feel justified in postponing said election for the reason that the committees appointed by our citizens for that pur- pose having failed to agree upon any plan calculated to promote harmony, under the present state of affairs no good citizen desires to subject himself to litigation by accepting a village office. Our charter perpetuates itself and provides that in case an annual election is not held at the appointed time, it may be held at any subsequent time by giving ten days' notice. Whenever our citizens can agree to elect officers, and permit them to hold the offices for which they were elected, without prosecution, an election will be legally called and conducted.

Notwithstanding this manifesto, F. C. Kiser, President, and C. M. Brown, Trustee, of the board, declared elected in 1880, and Henry Heady, Clerk, with about twelve citizen electors, proceeded to a building on Second street for the purpose of holding the election. Finding the door of the ball locked, they assembled upon the sidewalk below. and the electors appointed the three above-named gentlemen Inspectors of Election. Furthermore, the cancus adopted a . resolution that as "it was inconvenient to hold the election at the village office and lock-up on

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HISTORY OF WALWORTH COUNTY.

Second street," it be adjourned to Bower's Hall. An adjournment was taken, the oaths adminis- ered to the Inspectors of Election, the polls opened and the "No License " candidates were, with a trifling exception, unanimously chosen to guide the ship of village for the next year. The officers were: S. B. Edwards, President of the Board of Trustees; Trustees, S. H. Tuttle, J. S. Partridge, G. W. Esterly and E. B. Crandall; H. Heady, Clerk; J. P. Cutler, Treasurer; J. W. Denison, Supervisor; G. G. Williams, Justice of the Peace; E. S. Redington. Marshal; W. M. King. Constable. In the evening, the board met and qualified, then resigned, and a new organization was effected by appointment, the legal ground for this action being that prose- cutions would not hold against them if brought by the old board. To make a long story short, other resignations and re-appointments followed until the board finally stood: S. H. Tuttle, President; George Easterly, J. S. Partridge, S. B. Edwards, E. S. Redington, Trustees; H. Heady, Clerk. The board and Clerk were sued by Henry Cornish, in the name of the State, on the ground that as the officers were not legally elected, their appointments were null and void. The next step in this strange complication of governments was taken by the Supervisors of the town of Whitewater. They held a meeting June 6. 1881, and adopted the following resolutions:

WHEREAS, We, as the Board of Supervisors of this town, are advised by onr attorney that, under the decision of the Circuit Court, for this judicial circuit, there are not at present, and cannot be, under the pres- ent eharter of the village of Whitewater, any legal officers for said village, and that in the absence of all legal officers, there exists no village government, and that in the absence of all such government, it becomes the duty of the Supervisors of the town to extend town government over the territory embraced within the village incorporation ; therefore,

Resolved, That we, the Supervisors of the Town of Whitewater, do hereby declare our intention of ex- ercising the powers and duties of Supervisors, as fully within the territory embraced in the incorporated vil- lage of Whitewater as in any other parts of said town.

Upon which resolution being adopted, licenses for the sale of liquor in the village were issued and paid for -$40 a piece. To make another long story shorter, the suits brought vir- tnally by the old board against the new, went against them, and prosecutions were bronght and convictions obtained against those who had been selling liquor under the town license. The cases were brought in the Circuit Court before Judge Wentworth. The suit of the State of Wisconsin ex rel. Henry Cornish vs. S. H. Tuttle, President of the elected board, was made a test case. Judge Wentworth decided that the Board of Trustees were de jure officers of the village. The case was carried to the Supreme Court, which, on September 27, 1881, confirmed the decision of the lower court. The clause of the charter requiring a twenty-day residence was declared null -all else valid. And here the matter rests at present. The result of the contest has been a grand total of fifteen law-suits, one way and another, which have now all disappeared from the courts.

THE VILLAGE ROSTER.

1858-59 -- Board of Trustees, N. M. Littlejohn, President ; Aug. H. Scoville, George Esterly, S. Field, C. E. Curtice; Treasurer, Ed. Barber; Marshal, E. F. Tarr: Clerk. L. H. Rann.

1859-60 -Board of Trustees, N. M. Littlejohn, President; P. H. Brady, G. G. Williams, D. C. Tripp; Treasurer. Ed. Barber; Marshal, E. F. Tarr; Clerk, L. H. Rann.

1860-61-Board of Trustees, J. L. Pratt, President; G. Caswell, Joseph Haubert, I. Clark, C. M. Skyes; Marshal, E. F. Tarr; Clerk, James McBeath.

1861-62-Board of Trustees, George (. Williams, President; J. S. Partridge, J. D. Sweetland, John Wilson, J. Hanbert; Clerk. John L. Pratt; Treasurer, T. Hempel; Marshal, H. N. Wilkinson.

1862-63-Board of Trustees. George G. Williams, President; Joseph Haubert, Edson Kel- logg, Ole Rosman, Sylvester Barnes: Treasurer. John Wilson; Marshal, John S. Lathrop; Clerk. I. U. Wheeler, 2d.

1863-64-Board of Trustees, William De Wolf, President; F. L. Kiser, H. L. Rann, Edson Kellogg, C. C. Danforth: Treasurer, Theodore Hempel: Clerk, I. U. Wheeler, 2d Marshal, George L. Lawrence.

1864-65-Board of Trustees, William De Wolf, President; C. C. Danforth, Edson Kel- · logg, H. L. Rann, F. L. Kiser: Treasurer. Lewis Cook; Clerk, I. U. Wheeler, 2d; Marshall, S. D. Ferguson.

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HISTORY OF WALWORTH COUNTY.

1865-66-Board of Trustees, Jacob J. Starin, President; A. W. Curtice, Fred A. Hurlbut, Joseph Haubert, C. C. Lewis; Treasurer, A. Van Valkenburg; Clerk. U. B. Woodbury; Mar- shal, S. D. Ferguson.

1866-67 -Board of Trustees, William De Wolf, President; John M. Crombie, C. C. Dan- forth, S. H. Tuttle, T. D. Weeks; Clerk, I. U. Wheeler, 2d: Treasurer. W. L. R. Stewart; Marshal, S. D. Ferguson.

1867-68-Board of Trustees, W. L. R. Stewart, President; G. W. Esterly, I. U. Wheeler, G. T. Ferris, Pitt Cravath: J. D. Robinson, Clerk; Treasurer, E. D. Converse; Marshal, N. D. Fowler.

1868-69 -(High License ticket-$100)-Board of Trustees. George W. Esterly, President; W. L. R. Stewart, C. C. Lewis, Benjamin M. Frees, Henry McGraw; Clerk, Fred E. Day; Treasurer, E. D. Converse: Marshal, S. M. Billings.

1869-70-Board of Trustees, J. L. Pratt, President; A. Y. Chamberlain, R. McBeath, S. H. Tuttle, Gilbert Anderson; Clerk, C. D. Chaffee; Treasurer, T. D. Weeks; Marshal, George W. Caward.

1870-71-Board of Trustees, William De Wolf, President: George G. Williams, A. Y. Chamberlain, G. Anderson, C. M. Sykes; Clerk, M. Allen; Treasurer, J. Haubert; Marshal, S. D. Ferguson.

1871-72-Board of Trustees, William De Wolf, President; George G. Williams, A. Y. Chamberlain, G. Anderson, C. M. Sykes; Clerk, M. Allen; Treasurer, J. Haubert; Marshal, D. M. Fowler; Village Supervisor, S. A. White.

1872-73 -Board of Trustees, J. S. Partridge, President: S. H. Tuttle, H. Montague, Thomas Goodhue, Byron Brown; Village Supervisor, T. D. Weeks; Treasurer, Joseph Haubert; Clerk, George W. Steele: Marshal. D. N. Fowler.

1873-74-Board of Trustees, Thomas Bassett, President; George G. Williams, H. O. Mon- tague, Ansil Salisbury, Gilbert Anderson; Village Supervisor, S. A. White; Clerk, H. Heady; Treasurer, Joseph Haubert; Marshal. William H. Noyes.

1874-75-Board of Trustees, S. Hanson, President; T. A. Brown, R. Coburn, Ole Sobye, Jas. Gleason: Supervisor, J. W. Denison; Treasurer, George S. Marsh: Justice of the Peace. Zerah Mead; Marshal, George O. West; Clerk, W. H. J. Hewitt.

1875-76-Board of Trustees, Sylvester Hanson, President; T. A. Braun, R. Coburn, J. S. Partridge, O. Sobye; Clerk, W. H. J. Hewitt; Treasurer, George S. Marsh; Marshal, Douglas Sykes; Justice of the Peace, N. M. Branch; Village Supervior, J. W. Denison.

1876-77 -Board of Trustees, T. A. Brown, President; R. Coburn. J. S. Partridge, Job Harrison, Jr .. L. C. Smith: Village Supervisor, J. W. Denison: Justice of the Peace, N. A. Spooner: Treasurer, George S. Marsh; Clerk, Ira Pearson; Marshal. J. W. Hall.

1877-78-Board of Trustees, T. A. Brown, President: G. W. Esterly, F. W. Tratt, O. W. Fowler, E. F. Donnelly; Village Supervisor, J. W. Denison: Marshal, Marcellus W. King; Justice of the Peace, George G. Williams.

1878-79 -Board of Trustees. S. Hanson, President; E. D. Coe, A. 1. Dexter, E. T. Don- nelly, C. J. Partridge; Clerk. I. U. Wheeler; Treasurer, G. S. Marsh; Village Supervisor, J. W. Denison: Marshal, W. M. King; Justice of the Peace, Henry Heady.

1879-80-Board of Trustees. G. A. Ray, President; R. C. Shepard, Henry Warne, G. Halverson, J. Casserly; Clerk, Henry Heady: Treasurer. J. Taylor Smith; Village Supervisor, W. L. R. Stewart; Marshal, N. A. Kinney.

At this point occurs the interesting break which has been accorded full explanation. Facts merely are stated and no opinions expressed as to the merits of the case.

WHITEWATER DURING THE WAR.

"Old Walworth," where citizens for years had been noted the State over for a certain dig- nity and steadfastness of character, redeemed herself during the war from any taint of sluggish blood. No county of the State was filled with more and better practical workers for the defense and maintenance of the Union. The town of Whitewater itself was in earnest, clear to the backbone, of indignation and patriotic love-old men and matrons, stalwart men, girls and boys, all united either to pour out their strength in the work of relief or place their bodies upon the

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HISTORY OF WALWORTH COUNTY.

rack of torture or before the shafts of death. Of the women's work, a separate division will be made; of the men's, labors in the raising of troops and money, an account follows; of the pass- age of the brave boys in blue through the bloody battles of the war, the general war history of Walworth County gives a full account. The inauguration of President Lincoln and the firing upon Sumter, separated by only a month and a week, had the effect to firmly cement the North upon a leader and a policy. It meant patriotism and war, and Whitewater was stirred to ac- tivity with the country, the State and the county. One of the first soldiers to enlist from Wal- worth was the gallant John F. Potter, who enlisted as a private in a Washington company, and then returned to his home in East Troy for a few days, to arrange his business and family affairs, so that upon his return, he could either join the Army of the Potomac, in the defense of the national capital, or join the army of Union Congressmen in the defense of the national policy. Though in less prominent walks of life, the patriots at Whitewater were equally prompt. The first war meeting at Whitewater was held at Metropolitan Hall, and was attended by one of the largest and certainly one of the most enthusiastic assemblages which ever gave expression to earnest feelings there. George G. Williams and J. L. Pratt were called to the chair. Speeches were made by Messrs. Cravath, Stebbins, Cheney. Murphy and others. Devotion to the Union was the watchword. It was evident, as an eye-witness observed, that there were no traitors in Walworth County, and that " the home of John F. Potter harbors no traitors and countenances no treason." By the last of the month, the . Whitewater Light Infantry" had been raised to its full quota under the exertions of Capt. C. E. Curtice and his co workers. The company numbered 103, including officers. At a meeting, held on the 20th. it had been resolved to pay the wife of each volunteer $5 per month and $2 for each child. In two days from that time, the subscription to this fund had reached over $7,000, exclusive of the $1,000 to be raised by tax on village property. At that gathering, as stirring and earnest as the first, thirty-five young men volunteered their services and $4,000 was subscribed on the spot. Such men as N. M. Lit- tlejohn, T. D. Weeks, William De Wolf, Edson Kellogg, George G. Williams, S. Wakeley, L. Cook, J. Haubert, R. Cheney, Jr., Willard Stebbins, J. L. Pratt and many others, put their shoulders to the wheel then and kept them there persistently and faithfully. A committee was appointed to take charge and disburse the fund, and another to hold meetings in adjoining towns. The good work of raising money and troops went on, interspersed by meetings and poll raisings. Finally, on June 12, the company was inspected by Col. S. A. Bean, Fourth Regi- ment. The boys were eager for the fray-one stout, plucky (but, unfortunately, little) fellow, deserving special notice for his "war tactics," which he considered fair because of the state of the country. But his attempt to elevate himself half an inch by filling his stockings with paper failed so disastrously that he was promptly, though courteously, rejected. A few nights after, the boys were presented with Bibles by Rev. E. J. Miner, and with pin-cushions, needles and thread-gifts of the ladies-also with a flag, made expressly for them by Mrs. George Esterly. A beautiful bouquet to each soldier came from the hands of Miss Frank Cheney. Then fol- lowed the dance-and who knows how many hearts ached for the girls to be left behind; and who knows whether those little pin-cushions and things had not as much to do with brave after- conduct as the Bibles and their moral precepts. The next morning, June 15, the company de- parted to join the Fourth Regiment at Camp Utley, Racine. They were drawn up in front of the Exchange Hotel, where relatives and friends from all parts of the county, shook them by the hands and gave them God-speed. Citizens fell into line, escorted them to the cars, gave them three rousing cheers in strong, cheerful voices, but beneath all was the mutual knowledge that sad feelings and smothered tears were all ready to overwhelm this show of stout an un- daunted hearts. Of the feelings of one father, as he saw the last two of five sons "go off to the wars," history saith naught. A. Sentenn, of Whitewater, was one of its humble but most sincere patriots. One of his sons, who was for years a resident of Charleston, S. C., was im- pressed into the secession ranks, but managed to escape the day before the bombardment of Fort Sumter, and fled to New York; here, in company with his younger brother, he joined the Union forces. Of the other three boys, one joined the First Regiment, and two, the Whitewater Light Infantry. Such is war -- the blood shed quietly by the "old folks at home " comes from a deeper spring of anguish than that shed in the confusion of battle. There is good cause for doubting the boys' enduring patriotism, too: for in January, an advertisement appeared offering

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HISTORY OF WALWORTH COUNTY.

$30 reward for the deserter, M. O. Sentenn, aged nineteen. It was signed by Capt. George H. Walther, Company I, Seventh Regiment, and written from Camp Arlington, Va.

With the departure of Whitewater's first company, those remaining breathed easier, but did not abate their exertions in the field of agitation, money-raising and general preparation for the war, which they commenced to realize was to demand so much of every community. Before preparations for raising another company were commenced under the September call for troops, the people of Whitewater had a chance to look upon one of the finest bodies of men which ever met the enemy from Wisconsin-the Sixth Regiment, which, under command of Col. Lysander Cutler passed through the village, August 28, en route for Washington. During the first part of September, J. L. Pratt received a commission from the Governor to raise a second company. Opening an office under the bank of Whitewater, he set to work with energy. By November 1, with the assistance of La Grange and Sugar Creek, the company was ready for service. Messrs. Noble, Kellogg and Cravath, by their stirring appeals in the surrounding districts had done much to make the " Lander Body Guard " possible. It was so named in honor of Col. Lander, the second of Hon. John F. Potter, in the celebrated Prior affair. The Guards were presented with a flag by N. S. Murphy, who made an eloquent speech in behalf of the ladies; pocket Bibles and needle-books were showered upon the boys, both for use and memory's sake, and fitting responses and speeches were made at a meeting held on November 1, preparatory to the company's departure for Janesville. The next day witnessed a repetition of the scenes growing out of the departure of the Whitewater Infantry in June. Although for a number of months, Whitewater was not called upon to bid adieu to a whole company of "boys " raised in the village and vicinity, enlistments continued in her midst, and numbers had joined the " Wal- worth County Plowboys," the "State Line Rifles" or the "Treadway Rifles." The ladies were now fairly organized in their work of relief, and were nobly doing their part to sustain the cause. Interest-a breathles interest --- was also maintained in the struggle by letters from members of the Fourth and Thirteenth Regiments, some of which appeared in public print; but more were perused in solitude or brought as a treasure before the broken family circle. From a letter written home to Mrs. C. E. Curtice, by her husband, the Captain of the Whitewater Light In- fantry, the following extraet shows how the boys acquitted themselves in their first fight, just below Vicksburg, May 18, 1862. After detailing the incidents connected with the taking of Baton Rouge and Natchez, and giving an account of a personal reconnoissance which the Cap- tain made by order of Brig. Gen. Williams below Vicksburg, for the purpose of getting in- formation concerning the land approaches to the city from below, he continues: " A party of men went on shore for wood half a mile from the steamer. An escort to the party was detailed from my company. They were obliged to go ashore in small boats. Soon after landing, the

boys discovered a rebel cavalry soldier near them. An artillery Captain from our boat ordered the escort to follow the rebel, take him prisoner or shoot him. This they attempted to do, and, having followed him to the top of a hill and fired at him several times, a company of rebel cavalry concealed on the hill, rushed from their hiding-place in the bushes and commenced an attack upon the four or five boys who had reached the top of the hill. My men returned the fire with deadly aim, killing three with their four shots. They retired, loading as they went. In the meantime, Charles Perry, of my company, was wounded and fell, but sprang to his feet and made his escape to his companions, where he fell again, and by them was picked up and borne away. The rebels lacked the courage to follow and take the whole escort prisoners or kill them, which they could easily have done if they had had the pluck to do so. Perry is badly wounded; one ball passed through his left arm, breaking the bone between the elbow and shoulder, one through the fleshy part of the right thigh, a buckshot in the nose and a flesh wonnd on the wrist. From the number of wounds, you can judge of the amount of shooting the rebels did. James Scott was slightly wounded in the arm, and F. W. Ludeman had a ball pass through the seat of his pantaloons. The Sergeant Major of our regiment was also wounded in the leg. Thus ends the first fight the Whitewater company has been in."

During the summer of 1862, two more calls for troops had been made. Both Capt. Pratt and Capt. Curtice had returned home broken in health, the former having gone into business again, and the latter merely passing through the sieges of a sick furlough. On August 5, a rousing meeting was held at Metropolitan Hall to raise another volunteer company. Patriotic

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speeches were made and a paper was presented, signed by forty citizens, including a number of ladies, pledging themselves to use their utmost endeavors to obtain men to till up the company. J. S. Partridge and Edson Kellogg being appointed a committee to ascertain the number of men required of the town. They proceeded to Madison and returned with a commission an- thorizing E. S. Redington to enlist the men. At a subsequent meeting. Messrs. S. Wakeley, Lewis Cook. William De Wolf. George Bunker, Prosper Cravath and J. Hanbert were appointed a committee to make arrangements with other portions of the county for raising the quota of volunteers, to avoid the more unpatriotic process of a draft. A large county meeting was held at Elkhorn August 15, and another of a local nature at Whitewater on the 19th. A number of voung ladies, some of them daughters of leading citizens, agreed to capably till the places of a like number of "stay-at-homes " -- mostly sellers of tape and buttons. The quota of men to be raised in Walworth County was yet 581, a crisis in the affairs of the county had been reached. and Whitewater partook of the general alarm, excitement and determination. The draft for . 300,000 more " was made by President Lincoln. August 14, soldiers from Troy, La Grange, Sugar Creek and Delevan -- the " Federal Guard " --- were being drilled in the village by Capt. E. B. Gray (home on a furlough)-nationally and locally everything was warlike again. And yet the town of Whitewater had already furnished fifteen in excess of her quota. On the 16th, the companies commanded by E. S. Redington and Capt. James R. Kenyon went into camp at Milwaukee, to follow the fortunes of the Twenty-eighth Regiment. The officers of Capt. Red- ington's company, with the exception of Sergt. W. G. Palmer, were from Whitewater, with eighty of the privates. The total enlistment was 109 men, over half of whom were honest, sturdy mechanics. The first engagement of any account was that at Halena. Ark .. July 4, 1863: and what is strange. although over a hundred letters were written to friends and relatives in Wisconsin by members of the company, the only epistle which reached its destination was

that sent by Capt. Redington himself. By mere accident, he inclosed his letter in an official package, and can only account for the freak of luck in this way. When the folks at home heard that news had been received from their boys, the Redington home held something of a reception for the next few days, delegations coming as far as from Waukesha.

In October. the town voted to raise $6,000 for the support of families of volunteers, and orders were issued in sums of 25 and 50 cents. By January. 1863, it appears that of the $5,626 raised for the bounty fund, only $75 remained uncollected; that " A. Castle's cow, not used " and "O. Montague's house returned." One of the sad local events which cast a shadow over the marked decline of the rebellion during the winter of 1863, was the death of Lieut. James M. Mead. at Helena, Ark., February 13. A largo concourse of living relatives and warm friends attended his funeral at Whitewater on the 22d of that month. The lamented young soldier, in his twenty-fifth year, had been away from home but two months. Union meetings were held with renewed vigor, the tone of encouragement and manly endeavor which had permeated former gatherings having given place to one of certainty in the immediate success of the Union arms. Lients. Chaffee and Cross, in June of this year, were busily engaged in recruiting men for the Thirteenth Artillery. During the previous year. a number of men had gone from this vicinity in "Barston's Cavalry." which facts must be remembered when the work which the town accom- plished during the war is summed up. In October, the President called for " 300,000 more." and of the 112 drafted at Milwaukee, for the town of Whitewater, forty paid for substitutes. two reported for duty and seventy deserted their country. The Government now offered $402 as the bounty for veterans and $302 for new recruits. The cold weather of December and Jan- uary did not freeze the heat of local patriots, for, at a special town meeting, held on the last day of 1863, it was resolved to raise $4,000 by tax to pay the bounty of the thirty-eight men to be raised, provided a like amount should be subscribed. The soliciting committee to procure volunteers rushed throngb the frosty air of that " snap." ranging from zero to 28 degrees below. but obtained their money and their men. Let the names of the heroic eleven be recorded: N. S. Murphy, Henry Newton, T. D. Weeks, F. L. Kiser, Ole Rosman, Emery L. Caswell. D. O'Donnell, Patrick Cummings, Thomas Thompson, E. D. Converse and O. B. Williams. On the 13th another meeting was held, and it was voted to raise a tax of $8,000 upon town prop- erty. Those who had already subscribed to the first fund were somewhat put ont, but the trouble passed over. In April, Capt. Redington left for his command, having, during his stay

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History of Walworth County, Wisconsin, Part 90

Author: Western Historical Co Publication date: 1882 Publisher: Chicago, Western historical company Number of Pages: 998

Author: Western Historical Co
Publication date: 1882
Publisher: Chicago, Western historical company
Number of Pages: 998