USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. I > Part 24
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February 21, 1860, Justice Cassoday was married to Mary P. Spauld- ing, of Janesville, Wisconsin. Four daughters and one son have blessed this marriage. Their names are: Ella S., now Mrs. William H. Jacobs, of Denver, Colorado; Belle E., wife of George H. Wheelock, of South Bend, Indiana; Anna L., now Mrs. Nathan Clark, of Duluth, Minnesota; Eldon J., who is connected with the legal department of the Atchison, Topeka & Santa Fe Railroad in Chicago, and who married
*Judge Bennett's address appears elsewhere in this work.
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Miss Sophia Clawson; and Bertha May, now Mrs. Carl Johnson, of Madison, Wisconsin. Previous to their marriage, Mr. and Mrs. Casso- day became members of the Congregational church, and four of their children are now members of it. While making no ostentatious parade of his religious views, our subject endeavors to lead a worthy Christian life.
Justice Cassoday owes the high position to which he has attained entirely to his own exertions. He has, through his ability, steadfast- ness of-purpose and integrity, advanced to membership of the highest tribunal of his state, and possesses the highest measure of respect of the bar and people. His career affords a forcible illustration of the power of patience, perseverance and conscientious work in enabling a man to surmount and overcome early difficulties and obstructions of no ordi- nary kind.
It is but just and merited praise to say that as a lawyer Mr. Cassoday ranked among the ablest of the great west; as a legislator, he was the peer of any of his colleagues; as a judge, he is ever honest, painstaking, laborious, courteous, learned, and strong; as a citizen, he is honorable, prompt and true to every engagement; as a husband and father, a model worthy of all imitation. His characteristics are a modesty of demeanor, an entire absence of all parade and ostentation and a simple dignity, born of innate purity and self-respect. He has an educated con- science, a large heart, and a practical sympathy, a tender regard for young men who are struggling for an education and a higher life. He is an attractive man personally; he has a somewhat deep set, sharp and steady eye, firm lip, strong chin and high, well-proportioned forehead; all are outward signs of the rare man. He has exercised a strong influ- ence upon the jurisprudence of Wisconsin, and proven a worthy suc- cessor of Whiton, Dixon, Ryan and Cole, the elected chief justices of the court over which Judge Cassoday presides by virtue of his seniority of service. The reports of the supreme court will bear witness to future generations of his ability, industry and judicial power. As a man, he is not less to be admired than as a judge. His is a rounded and complete character.
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As thus constituted the court continued until April, 1891, when death removed a giant from the bench in the person of David Taylor, May 4, 1891. John B. Winslow was appointed by Governor Peck and qualified as associate justice in place of Judge Taylor in May, 1891, and · continues in the discharge of his duties at the time of this writing.
JOHN B. WINSLOW.
John Bradley Winslow was born in Nunda, Livingston county, New York, October 4, 1851, and is the only son of the late Horatio G. Wins- low; his mother was Emily (Bradley) Winslow. He is a descendant of Kenelm Winslow, second brother of Governor John Winslow of Plymouth Colony and one of the prominent immigrants who came to America about 1632. Mr. Winslow's parents located in Racine, Wis- consin, in 1855, and there he resided until he removed to Madison. His general education was received in the public schools of that city and the Racine college; he was graduated from the latter with the degree of A. B. in 1871. In 1872 he began to prepare for admission to the bar under the direction of E. O. Hand, in whose office he remained until 1873, when he became a clerk and student in the office of Fuller & Dyer. In September, 1874, he entered the college of law of the Wisconsin uni- versity and was graduated therefrom in June, 1875. Returning to Racine, he entered the office of Fuller & Harkness, and, on the with- drawal of Judge Harkness from the firm on account of ill health, Mr. Winslow became a member of the firm, which continued to do business until 1877. In 1879, 1880, 1881 and 1882 Mr. Winslow was city at- torney for Racine. From January, 1880, until 1882 he was in partner- ship with the late Charles A. Brownson, after which date he became as- sociated in that capacity with Joseph V. Quarles, now of Milwaukee, a relation which continued until he became judge of the first circuit, com- prising the counties of Racine, Kenosha and Walworth, a position to which he was called by the electors in April, 1883, by a large majority, and the discharge of whose duties he entered upon in January, 1884. His reëlection, without opposition, in 1889 is a higher testimonial to his fitness for, the judicial office than can be conveyed by language. He
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continued in the discharge of his duties as circuit judge until May, 1891; when he became a justice of the supreme court. In April, 1892, he was chosen by the electors, without contest, for the unexpired portion of his predecessor's term, which ended with January, 1896. In April, 1895, he was elected for a term of ten years. Though he was opposed at that time, he secured a fair majority of the votes, and, notwithstand- ing his political views were democratic and the state, at the last pre- ·vious general election, had given an unusually large republican ma- jority, he was supported by many leading lawyers of the dominant party and some of the most prominent journals of the same party.
Judge Winslow is strongly attached to the Episcopal church, and has served Grace church at Madison as warden. On January 19, 1881, he was wedded to Miss Agnes Clancy; they have five children-two sons and three daughters.
A gentleman of large experience at the bar of the first and other circuits has furnished the editor the following estimate of Judge Wins- low's judicial career, particularly as circuit judge; the reports of the su- preme court establish his record as a member of that tribunal:
The first judicial circuit has always been overwhelmingly republican. John B. Winslow always supposed and gave out that he was a democrat; yet he was elected and reëlected circuit judge by large majorities, in spite of active opposition at the hands of some partisans. Nothing could better illustrate the estimate placed upon his judicial abilities by the bar and people of the counties of Racine, Kenosha and Walworth.
Mr. Winslow studied law in Racine and was there admitted to the bar. As he entered upon practice it was noticed that he frequently had an adversary who rarely opposed the other lawyers of that or any circuit, viz .: his own sense of right ; that in a controversy he was disturbed if his judgment told him that his antagonist's legal position was the better. It is said of John T. Fish, then of the Racine bar, that, in preparing for trial, he stated his adversary's case fully and fairly, and brought out in the most favorable light all his opponent's points of law and fact, in order solely that he might the better devise means of overcoming them. The same method of preparation was followed by Winslow, but with
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immediate recognition of the legal value of correct contentions and a strong mental disinclination to combat them. This peculiar cast of mind, so rarely possessed by a lawyer, and the resulting ability, or rather intellectual necessity of examining both sides, without regard to predi- lection, impressed his associates. The consequence was his elevation to the bench.
During his first candidacy for election as circuit judge the only argument urged against him was his youthfulness, based on the maxim: "Old men for counsel." But the people saw that this defect was certain to mend by lapse of time, while the only corresponding change in the old man might be a white beard.
Judge Winslow's career on the trial bench fully justified the ex- pectations of his associates at the bar. In his decisions there, as later upon the supreme bench, he followed principles rather than author- ities. A rule of law became such on account of its intrinsic reason and justice, rather than because it had been announced by a court in New York or Kansas.
He always had a clear and correct view of what are stigmatized by the defeated lawyer as technicalities. Recognizing the fact that rules of pleading and practice are necessary to the orderly administration of justice, he gave to them full authority, and so has avoided the not un- frequent predicament of the judge who gives crude justice, based on the impression that the plaintiff is worthy and his case meritorious, and goes "across lots" to a decision; and so he has avoided sticking in the bark of the letter, which is often the result of undue strictness in ap- plication of rules more or less arbitrary.
On the bench Judge Winslow has never been open to Bacon's strictures on the "overspeaking judge." Practitioners before him at the circuit remember with gratitude that his interruptions of counsel were only for the purpose and with the result of developing the case and defining the issues.
As circuit judge, his impartiality was notable. He accomplished the difficult feat of stepping from active practice to the bench, and leaving behind him all bias arising from friendship or antipathy. None of his
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former associates could detect any discrimination on grounds of former relations.
He always appreciated and carried well the dignity of his office. Only once was this dignity at all shaken. This was years ago, at Kenosha, in a case of breach of promise of marriage, when an Irish wit- ness-all unconscious of any ludicrous element-was detailing the agreement between himself and the defendant, likewise Irish, for a load of hay as marriage brocage fee, and the repudiation of the contract by defendant on account of the age of the wife tendered. Witness testified: "He (defendant) said he wouldn't give a load of hay for such an old heifer as that."
The manifest grievance of the witness at defendant's breach of faith, the intensity with which defendant regarded the witness, the total absence in the mind of each of any idea that the matter could be re- garded otherwise than seriously, was too much for bench and bar, and a recess was taken precipitately.
Upon the supreme bench Judge Winslow has earned the commenda- tion of the bar and the people. The same qualities which led to his selection as circuit judge have been constantly manifested. His opin- ions have been terse and condensed and his decisions have proceeded upon reason. At all times he has had the courage to stand by his convictions, regardless of personal results to be apprehended. He seems incapable of servility to precedent.
As a consequence his opinions, as found in the reports, will require but little revamping and "distinguishing" because of obiter dicta, or on account of divergence from principle by following decided cases.
The term for which Judge Cole was elected chief justice expired in January, 1892. In the preceding April Silas U. Pinney had been elected a justice of the court; he entered upon his duties simultaneously with Judge Cole's retirement. In the meantime the people had adopted a constitutional amendment declaring that the chief justice and associate justices of the supreme court shall be severally known as justices of said court; that the justice having been longest a continuous member of the court (or in case two or more of such senior justices having served for
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the same length of time, then the one whose commission first expires) shall be ex officio the chief justice. The result of this provision was to make Judge Lyon the chief justice.
SILAS U. PINNEY.
Distinction as a lawyer and judge has come to Mr. Pinney because his merits and industry have deserved it. For many years before his elevation to the bench he had a high standing at the bar, and was known throughout Wisconsin and the northwest as a lawyer of great ability, large attainments and unimpeachable integrity. Probably, in- deed almost certainly, no member of the Wisconsin bar has argued a larger number of important cases in the supreme court of the state than he. His name appears in every volume of the reports of that court pub- lished since his admission to the bar, either as attorney or judge, with but one exception. Thus, from 1854 to the time of this writing, he has been engaged in forming the jurisprudence of Wisconsin. A close examination of the Wisconsin reports will show that either as reporter, attorney or judge, Mr. Pinney has been an important factor in the judi- cial history of Wisconsin.
Silas U. Pinney was born in Rockdale, Crawford county, Pennsyl- vania, March 3, 1833. His paternal ancestors, both lineal and collateral, were American for many generations. In 1642 members of the family emigrated from Somersetshire, England, to America and settled in El- lington, Connecticut. From there they moved to Massachusetts. His father, Justin C. Pinney, was born in Becket, Berkshire county, Massa- chusetts; was reared to manhood in Crawford county, Pennsylvania, where Aaron Pinney, grandfather of Silas, located in 1815. Justin mar- ried Polly M. Miller, of German descent and daughter of a prominent clergyman who had settled in Crawford county in 1792. The family of Justin Pinney came to Wisconsin in 1846 and located on a tract of land in what is now Windsor township, Dane county; here he pursued farm- ing until his death in 1863. Silas was "brought up" on the farm, and, in common with the great majority of the farmers' sons of the early days, had but limited opportunities for receiving instruction. Such as
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were within his reach he improved to the fullest extent. His love of books was born with him and every opportunity to enjoy them was hailed with delight. A marked characteristic of him as boy and man is a wonderfully retentive memory. When about sixteen years he began to teach school and also concluded to prepare himself for the law; school teaching continued for three winters. During these years all spare time was given to reading standard treatises on legal subjects. In April, 1853, the future lawyer and judge became a student in the law office of Vilas & Remington, at Madison; in February, 1854, he became a member of the bars of the circuit and supreme courts; in May following he became a member of the firm of Vilas, Roys & Pinney, the senior partners being L. B. Vilas and Samuel H. Roys. In 1856 Mr. Vilas re- tired from the firm; the business was continued under the name of Roys & Pinney until the former's death in August, 1857. In February, 1858, Mr. Pinney and the late J. C. Gregory formed a partnership, which was enlarged in the following October by the admission of Chauncey Abbott, the firm name being Abbott, Gregory & Pinney. In 1860 James M. Flower became a member of the firm and so remained about two years. In 1863 Mr. Abbott retired. Messrs. Gregory and Pinney remained partners until 1879. In 1880 A. L. Sanborn became a part- ner of Mr. Pinney's and so remained until 1892, when the senior mem- ber was elected one of the justices of the supreme court.
It is remarkable and highly creditable to Mr. Pinney that in his earlier years at the bar he attained so great success. The Madison bar then was a strong one, as it has always been. Notwithstanding this · fact and the further facts that Mr. Pinney's preparation for the legal profession was somewhat meager, and that he lacked anything in the way of a "pull" to help him get business, he soon acquired an ex- tensive practice and took rank in the front row of lawyers. Edwin E. Bryant in his article in the Green Bag says that Mr. Pinney devoted much time . to acquiring knowledge of the correct methods of pro- cedure, and was early noted for his correctness as a pleader and his mastery of every detail of practice in law or equity in the state and federal courts. The adoption of the code of procedure, borrowed from
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New York in 1856, was a radical change in practice, and drove from it some of the older lawyers who were too set in. the old ways to learn a new practice. Mr. Pinney was one of the first to master the new method, and he became an authority on all questions of pro- cedure under the code. . He was highly esteemed at the bar and was retained in much important litigation. It is probably within the bounds of truth to say that no single lawyer in the state has been retained in more cases in number and importance than he. As a lawyer he was remarkably successful, and conducted cases involving great amounts of property with a professional skill and practical sagacity that kept him loaded with retainers and cases. He was several years professor in the college of law of the state university, but the demands of his practice compelled him to sever this connection. He conducted to successful result much of the important litigation growing out of the "land grants" made by Congress to aid in the construction of rail- roads. Out of these and the fickle legislation of the states in disposing of them arose a vast number of perplexing questions to be settled by state and federal courts; and Mr. Pinney's labors in this field were ex- tensive and his services were sought by many parties in interest.
The same writer says that Mr. Pinney never made the mistake so common to western lawyers. He kept out of politics. His political status was with the democratic party, but he was always independent in politics. He served as city attorney in his youth, and, as a good citizen ought, helped good local government by serving as member of the city council and twice as mayor, once without opposition, and to the great betterment of tax-payers; and in 1869 he was candidate for attorney general, without prospect of election. He also represented the Madison district for one term in the lower house of the legislature; but he has never sought office nor allowed interest in politics to inter- fere in the least with devotion to his profession.
In 1891, as the term of Chief Justice Cole drew near its close, and his advanced age rendered it just that he be relieved from further judicial labor, the legal profession throughout the state, irrespective of party, very generally signed a call on Mr. Pinney to stand as a can-
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didate for justice of the supreme court. He did so, and in April was elected. He entered upon judicial duty ripe in experience and with a mind most thoroughly trained and equipped for successful labor on the bench. His work thus far has met the most sanguine expecta- tion of friends. Careful and painstaking, he brings to this duty every quality of the judge. With a mind quick and subtle in its discrimination, with a memory of inexhaustible storage capacity, so to speak, with mar- velous familiarity with the law books, he is a helpful man on any bench.
Outside of the professional range he has been a wide and careful reader. He is familiar with history, has traveled much in Europe, keenly enjoying everything of historic or biographical interest, and finding the best of it in every place. He has a taste and appreciation for art and architecture rarely found in the inland-bred lawyer of Amer- ica, and is familiar with most that is written of the various schools and stages of sculpture, painting and architecture. A most agreeable com- panion, full of incident and anecdote, well informed as to men and affairs, abounding with memories of the prominent men of his time, he derives from social intercourse and travel great pleasure and instruction and imparts to others vastly more. As a writer he is clear and concise and master of an excellent judicial style. Never an impassioned orator, his arguments were direct and clear, in good logical order, and they made plain to court or jury the most intricate matters. In his younger days he reported the sixteenth volume of Wisconsin reports, and in 1872 he gathered up the unreported and imperfectly reported work of the territorial court and old supreme court, which was published in three volumes as "Pinney's Wisconsin Reports." This work was done under special appointment by the supreme court.
Mr. Pinney was married March 3. 1856, to Mary M. Mulliken, a native of Farmersville, Cattaraugus county, New York. One son, Clarence, was born to them; he died at the age of twenty. An adopted daughter, Bessie, died at twenty-one.
On the expiration of Judge Lyon's term (January, 1894) Alfred W. Newman succeeded him and continued a member of the court until his death.
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ALFRED WILLIAM NEWMAN.
The following sketch of the life, character and public services of Judge Newman is from the memorial of the state bar association adopted at a meeting held February 22, 1898, and prepared by a com- mittee, appointed for that purpose, consisting of J. W. Losey, of La Crosse; J. M. Morrow, of Sparta, and Burr W. Jones, of Madison. The memorial was presented to the supreme court March 21, 1898:
"Alfred W. Newman, an associate justice of the supreme court of Wisconsin, departed this life at the city of Madison on the 12th day of January, 1898, his death resulting from accidental injury received the day before.
"Justice Newman was born April 5, 1834, at Durham, Greene county, N. Y. Both on his father's and mother's side he was of Eng- lish descent, his ancestors in this country being found among the early puritan settlers of New England. He was born upon a farm and grew up as a farmer's boy, receiving such education as the neighborhood schools afforded, and subjected at home and at school to the strict discipline and religious instruction and observances required by the Presbyterian church, of which both his parents were devout members.
"When thirteen years of age he accompanied his father to Albany and was there present in court when his father was examined as a wit- ness, and it is said that he then determined to become a lawyer, and that thereafter all his efforts to obtain an education had that in view.
"When about eighteen years of age he entered an academy at Ithaca and after two terms there he entered the Delaware literary in- stitute at Franklin, N. Y., where he remained also for two terms. He then entered Hamilton college, at Clinton, N. Y., joining the class of 1857, with which, in due course, he was graduated, receiving the de- gree of A. B. While in college he diligently pursued extra law studies under Professor Theodore W. Dwight, and after graduation he con- tinued the study of law in the office of John Olney, Esq., at Windham Center in Greene county, until admitted to the bar at the general term of the supreme court at Albany, December, 8, 1857.
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"In January, 1858, he started for the west. Stopping first at Ahnapee in Kewaunee county, he removed in March, 1858, to Trem- pealeau, in Trempealeau county, which ever after remained his home until his removal to Madison in 1894.
"He held the office of county judge of Trempealeau county from April, 1860, until January, 1867, when he assumed the office of district attorney, to which he had been elected in the fall of 1866. He was reelected district attorney in 1868, 1872, and 1874, thus holding that position for eight years.
"He was twice elected to the state legislature, serving as member of the assembly in 1863 and senator from the thirty-second district in 1868 and 1869.
"While he was holding the office of district attorney the legis- lature, in 1876, formed a new judicial circuit-the thirteenth-consist- ing of the counties of Eau Claire, Buffalo and Trempealeau. In April - of that year Mr. Newman was elected judge of this new circuit, and discharged the duties of that position until, in 1878, as the result of legislative action, he was transferred to and became judge of the sixth circuit. He was reëlected, without opposition, in 1882 and 1888. The third term for which he was elected expired January, 1, 1895.
"In the spring of 1893, Hon. William Penn Lyon, chief justice of the supreme court, having expressed his intention not to be a candidate for reëlection, Judge Newman was called out as a non-partisan can- didate and was elected to the position of associate justice. His serv- ices began at the opening of the January term, 1894. He had com- pleted four years of his term and was about beginning the fifth year with the opening of the January term, 1898, on the day-January IIth-when he met with the accident which terminated his life.
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