USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. I > Part 34
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In October, 1852, Mr. Wentworth married Miss Frances McDon- nell in Saratoga county, New York. His political affiliations were re- publican, and his religion Presbyterian. He was also a Mason of long standing, and held numerous offices in that order, including that of grand master in 1865, having previously served as grand senior warden.
FRANK MARSON FISH.
Frank M. Fish, judge of the first judicial circuit, including the coun- ties of Walworth, Racine and Kenosha, was born in McHenry county, Illinois, July 4th, 1858. As he has already been an occupant of the bench since May, 1891, he was called to assume the duties of this high position when only thirty-three years of age-certainly a remarkable honor bestowed upon a man of remarkable legal and judicial talents.
Judge Fish's parents were John T. and Julia King Fish, and at dif- ferent periods of his boyhood days his home was at Sharon, Walworth county, and at Burlington and Racine. He was educated in the public schools of these places and at the academy of John G. McMynn, a cele- brated teacher of the last named city. It was over much of the territory, therefore, with which he had become familiar as a schoolboy that he was 1 in his mature manhood to preside as a learned and an honored judge. After being firmly grounded in the preliminary and academic studies, he took a course in the university of Wisconsin. He then began the study of law in the office of his father, a member of the firm of Fish & Lee.
Admitted to the bar in August, 1879. Judge Fish began practice in
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partnership with his father. The firm continued as John T. & F. M. Fish until August of the following year, when the junior member re- moved to Fargo, Dakota. He was at first associated with H. F. Miller, and subsequently formed a partnership with G. H. Dickey at Valley City, Dakota. Although his abilities were recognized so generally that he was elected city attorney in 1882 and 1883, he decided to return to his old home in Racine, evidently laying little stress upon the adage regarding the withholding of honors from a man in his own country.
To his old home Judge Fish also bore a bride, Mary A. Stowe, of Waterville, Minn., to whom he had been married on the 2d of January, 1884. Mrs. Fish is the daughter of Major Lewis Stowe, of that place, and Hannah Babcock Stowe, and a descendant of the old and influential Massachusetts families of Stowe and Ames. They have one child, Franklin.
Judge Fish returned to Racine in the May succeeding his marriage and at once became a member of the firm of Fish, Dodge & Fish. After John T. Fish, the senior member, removed to Milwaukee, the style was Dodge & Fish. His abilities as a lawyer, a public-spirited citizen and an influential republican were soon conceded, and in the fall of 1887 he was elected to the position of district attorney. He refused to become a candidate for re-election, and Gov. Peck, in May, 1891, elevated him to the circuit bench, as has been previously stated, to fill the vacancy caused by the appointment of Judge Winslow to the supreme court of the state. In April, 1892, he was elected over Judge James R. Doolittle to fill the unexpired term to which he had been appointed. In April, 1895, such had been his high and clear record, he was re-elected without opposition; his term expires in January, 1902.
As further indicative of Judge Fish's character it may be stated that he is identified with the Masonic fraternity and Knights of Pythias; is a member of the Episcopal church; is domestic and studious in his tastes, and spends much of his time in his extensive library. Being yet in the very prime of life, he has evidently a most alluring future before him.
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THE BAR.
ALANSON H. BARNES.
Mr. Barnes was born in Turin, Lewis county, New York, April 15, 1817. His early educational advantages were limited to such as were common to the boys of his time. Before he entered upon the study of the law in the office of David M. Bennett, in his native county, he had become a married man. His admission to the bar occurred about 1846. His success as a lawyer in his native state, says a news- paper published there, was abundant and the practice was unremit- tingly pursued until his removal to Wisconsin in 1856. In that year Mr. Barnes became a resident of Delavan, Walworth county, and con- tinued to reside there until his death, except when in the territory of Dakota in the capacity of judge. He continued to practice law in Walworth county, and also engaged in farming. March 24, 1873, le was appointed an associate justice of the supreme court of Dakota, and was reappointed April 23, 1877-his service in that capacity extending over about eight years. A writer in the Lowville (New York) Times of May 29, 1890, says that the exacting duties, requiring prudent fore- sight, nerve and firmness, performed by Judge Barnes while on the bench in that territory are little known. The writer was with him when he held the first United States district court ever held at Bis- marck, Dakota, the court, grand jury and marshals being in depend- ence for the effectiveness of their official action on Gen. Custer's force at Fort Abraham Lincoln, across the Missouri, almost in sight of the town. When the court and officials at Deadwood, in the Black Hills, were overawed and paralyzed, Judge Barnes was ordered there to hold court. After crossing several rivers with a four-horse stage, the judge and three others, carrying with them Winchester rifles, reached the town; he held court, tried and sentenced for twenty years a man charged with murder, although a large number of the defendant's ad- herents confronted the court armed with rifles during the trial. Judge
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Barnes' written opinions are reported in the first two volumes of the Dakota reports.
At the close of his service 'in Dakota Judge Barnes returned to Delavan. His health was shattered so that he could not resume the practice of the law; he was able, however, to be about his home until within four days of his death, which occurred May 10, 1890.
His first wife, Miss Clarissa Hills, of his native county, whom he married September 3, 1838, died December 10, 1856; he subsequently married Miss Sarah J. Allen, sister of the late William C. Allen, of Walworth county, who, with three children-Lucian A. Barnes, of Fargo, North Dakota; Fannie, wife of Judge A. D. Thomas, of Fargo, and D. B. Barnes, of Delavan, Wis., survive him.
CALEB P. BARNS.
Caleb P. Barns was born at Owego, Broome county, New York, January 12, 1812; came to Wisconsin in 1842; located at Burlington, Racine county, and practiced law there ten or twelve years, with con- siderable success. He was a member of the assembly in 1850 and 1855. He abandoned the law as a profession on account of his health and entered into financial business, which he pursued with great success. He died October 29, 1866.
JAMES CAVANAGH.
James Cavanagh is the son of James and Katherine (Cox) Cavanagh. His parents were both natives of Ireland. His father, a farmer and nur- seryman, came to Wisconsin about 1847, having previously resided for a time in Canada. His mother first settled in Troy, New York, and afterwards removed to Kenosha, Wis., where she met Mr. Cavanagh, to whom she was married in 1850.
In Kenosha, Wisconsin, January 23, 1853, was born the subject of this sketch, his boyhood days being not unlike many of those placed in similar circumstances. He assisted his father and attended the pub- lic schools; also entered the state normal school at Oshkosh, but later
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decided that his future lines were not to run in the pedagogical field, but in the province of the law. A fortunate circumstance in his early life, preparatory to the adoption of his professional career, was his entrance as a law student into the office of J. V. & C. Quarles, who stood in the front rank of the bar of southeastern Wisconsin.
After passing a creditable examination, Mr. Cavanagh was ad- mitted to the bar in November, 1876, and in March of the succeed- ing year removed to Stevens Point, Wisconsin. A professional ex- perience of one and a half years in that city, however, confirmed him in a determination, which had been gradually growing, to return to his old home. This he accordingly did and has since resided in Kenosha, his legal business and reputation increasing rapidly and grow- ing substantially. For one year he was a partner with Charles Quarles and for six years with Peter Fisher, the style of the latter firm being Cavanagh & Fisher. This partnership was dissolved in September, 1897, since which time Mr. Cavanagh has been an independent and successful practitioner.
Mr. Cavanagh has held several important judicial and political po- sitions and it is perhaps, needless to say that he has filled them accept- ably, bringing to the discharge of his public duties the same qualities of industry, concentration and faithfulness which have marked the dis- charge of his private and legal affairs. In behalf of the republicans he has taken quite an active part in state campaigns, having served for two terms as district attorney of Kenosha county (from January, 1881, to January, 1885). He also is court commissioner of both the circuit and the United States courts, and was city attorney of Kenosha for several years. His executive abilities and his talents as an educator were furthermore recognized by his selection as superintendent of schools, which position he held from 1881 to 1889.
Mr. Cavanagh is a good business man, as well as a lawyer, being interested in several financial and manufacturing enterprises. He is both a stockholder and general counsel in the Northwestern Loan & Trust Company and the Davy Burnt Clay Ballast Company.
Mr. Cavanagh's wife was formerly a Miss Nellie P. Parkinson, to
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whom he was married at Oshkosh in April, 1877. They have two children-Walter J. and Richard P.
HENRY ALLEN COOPER.
Henry Allen Cooper, member of Congress from the first district of this state, is a native of Walworth county, Wisconsin, the son of a physician. He attended the district school of the neighborhood, and afterward entered the Northwestern University at Evanston, Illinois, where he was graduated in 1873. Immediately after graduation from the university he entered the Union College of Law, in Chicago, from which he received his diploma in 1875. Mr. Cooper resided in Chicago for four years after graduating from the college of law, and then took up his residence in Burlington, Wisconsin, and began the practice of law. In 1880 he was elected district attorney of Racine county, and became a resident of Racine. He was reelected, without opposition, in 1882, and again in 1884. In the latter year he was chosen a dele- gate to the republican national convention at Chicago, and in 1886 was elected to the state senate. In 1892 the republicans of the first district nominated and elected him to Congress. So faithful and satis- factory had been his record in his first term that he was renominated, without opposition, in 1894, and elected to the Fifty-fourth Congress by a majority of 5,195 over his three opponents. In 1896 he was again renominated, without opposition, and was elected by a plurality of 13.512 over his democratic competitor, and by a majority over all the other candidates of 3,428. In August, 1898, he was in like manner renominated for Congress.
Mr. Cooper resides in Racine and is a member of the law firm of Cooper, Simmons, Nelson & Walker, of that city.
EXPERIENCE ESTABROOK.
Experience Estabrook was born in Lebanon, Grafton county, New Hampshire, April 30, 1813; was educated in the common schools and by private tutors; he resided for a short time at Alden, Erie county, New York; came to Wisconsin and settled at Geneva, Walworth county,
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in July, 1840; served as district attorney and school commissioner be- fore 1847, in which year he was chosen a member of the second con- stitutional convention; in that body he was chairman of the committee on education and school funds. "While he made but few speeches in that convention, they were uniformly upon the most important subjects pending, and always terse, logical and to the point. In all the discussions reported, his views and his acts were conserva- tive-never extreme-and his reasoning was marked by a solidity and cogency that time has long since demonstrated to be correct. Pos- sessing abilities and legal acquirements of a high order, and a noble and patriotic purpose to aid in the erection of a state worthy of its people, his work has left a marked and enduring impress on Wiscon- sin, where his name should ever be held in high honor." In 1851 Mr. Estabrook was a member of the assembly from Walworth county, and was attorney general from January, 1852, until January, 1854.
About the close of his term as attorney general Mr. Estabrook was appointed United States district attorney for the territory of Nebraska, and settled in Omaha in January, 1855; he served in that capacity over four years, as a member of Congress one term, a district attorney for Douglas county, and a member of the constitutional convention of 1871. He revised the laws of the territory in 1866 and produced an approved form book. His death occurred at Omaha, March 26, 1894.
The Omaha bar adopted eulogistic resolutions commemorative of Mr. Estabrook, and glowing tributes were paid his memory by Judges E. Wakeley and James M. Woolworth. A. C. Baldwin made some in- teresting remarks, mainly with reference to a case in which his client, charged with an assault with intent to kill, was prosecuted by the subject of this sketch. Mr. Baldwin said that "after listening to his argument to the jury I could but congratulate my client that the verdict of the jury was not murder in the first degree, although the woman was not quite dead from the wound inflicted nor was my client indicted for a crime other than an assault with intent to murder. He created a lasting impression that the defendant was not entitled to life or liberty."
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Among Mr. Estabrook's Wisconsin experiences it is recorded that he attended the first term of the first court held in Elkhorn, Wal- worth county, and brought the first case in bankruptcy ; that he owned a dog, a near relative to Judge Irvin's "York," which insured him much success in practice in the judge's court; that he once examined Judge William P. Lyon concerning his qualifications to teach school, and that he put the first boat, the schooner-rigged "Ariel," of five tons, on Geneva lake.
A story is told concerning Mr. Estabrook and the late Chief Jus- tice Ryan which may be worthy of preservation. It relates to the time the former was attorney general, and is to the effect that he was a good deal of a sporting character and fond of horses and dogs; that he was not considered a very great success as a lawyer; was on the go a good deal, moving from point to point restlessly, pursuing some- thing, no one hardly knew what. During his term he came into con- tact with Ryan before the supreme court; the latter lost patience with Estabrook, and during the argument stigmatized him as the "vaga- bond attorney general." The court felt its dignity affronted by the use of such language and cited Ryan to show cause why he should not be punished for contempt. His defense was that he used the word "vaga- bond" in the sense given by Webster's dictionary-that the definition of the word was to wander, to move about, to strut, etc.
"Reduced, like Hannibal, to seek relief From court to court, and wander up and down, A vagabond in Africa."
Notwithstanding the argument, the court imposed a fine of twenty- five dollars, which was promptly paid. It is said that on the announce- ment of the court's ruling Mr. Ryan remarked to some of his profes- sional brethren that the imposition of such a fine upon him for ex- pressing his opinion of the attorney general led him to wonder what the penalty would be if he expressed to the court his opinion of it.
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ENOCH W. EVANS.
Enoch Webster Evans was born at Fryeburg, Maine, on the 16th of July, 1817. He pursued a thorough preparatory course of study at the Fryeburg academy in his native village, and entered Waterville college, where he was a classmate of B. F. Butler; remained there two years and then went to Dartmouth college, where he was graduated in 1838. He then studied law at Hopkinton, Merrimack county, New Hampshire, in the office of Judge Chase, for a period of two years, at the same time teaching school there. He went to Maryland, but, not being pleased with prospects there, came west in 1840, and entered the law office of Giles Spring in the city of Chicago, where, in the same year, he was admitted to the bar. He soon located at "Dixon's Ferry," on Rock river, now the county seat of Lee county, Illinois, where he commenced practice and continued it there for many years. Afterwards he changed his location and removed to Kenosha, Wis- consin, where he entered upon a highly successful practice, which he continued until 1858, when he removed to Chicago. In 1859 he re- moved his family to Chicago, and gave up entirely his professional business in Wisconsin and continued to reside and actively practice his profession at Chicago until the time of his death, September 2, 1879.
Mr. Evans was a finished scholar, a thorough and scientific lawyer, a man of genius and superior natural talents, of excellent forensic faculties, a genial, courteous and polite gentleman, and sustained, as he well deserved, a high rank in the profession.
DAVID H. FLETT.
David H. Flett, judge of the municipal court of Racine county, was born in Scotland, September 12, 1846. He came to the United States and Wisconsin with his parents at an early age and was educated in the district schools of Kenosha county, the high school at Racine and Oberlin college at Oberlin, Ohio. He was admitted to practice in 1880 and has since that time conducted a general law business at
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Racine. During his professional career he was at one time a member of the firm of Flett & Wentworth, and for fifteen years junior partner in the firm of Hand & Flett.
CHRISTOPHER C. GITTINGS.
The firm of Palmer & Gittings conducts a general law practice at Racine, Wisconsin, where they have been associated together since 1891. Walter C. Palmer, senior member of the firm, was born at Waterford, Racine county, Wisconsin; was educated at the schools at Waterford, the state university and law school; was admitted to prac- tice in 1881, and for ten years conducted a business by himself in Racine county.
The junior member of the firm, Mr. Christopher C. Gittings, was born in the town of Caledonia, Racine county, and received his educa- tion at Racine academy and college. He was admitted to the practice of law in 1889, from which time until 1891 he was associated with Percival S. Fuller, at Racine, and then formed his present partner- ship with Mr. Palmer.
The firm of Palmer & Gittings does a general law business, but gives special attention to commercial, corporation and probate matters. Mr. Gittings was city attorney of Racine for five successive terms.
ELBERT OSBORNE HAND.
Elbert O. Hand, late judge of Racine county, is one of the most respected members of the Wisconsin bench and bar, painstaking and conscientious and successful, possessing the confidence of all with whom he has had professional dealings for nearly forty years. The son of John S. and Imogene (Cowles) Hand, he was born in New Lebanon, Colum- bia county, N. Y., November 29, 1830. His father was by trade a ma- chinist, and from all accounts he was not only a good one, but a man of more than average education and influence. The mother was a woman of strong character and when, in 1841, the family removed to the al- most unsettled district of Wisconsin, in which is now the village of Lyons, she brought to bear all those qualities of steadfastness, economy
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and practical bravery which have ever done so much to uphold the pioneers of all countries through their hardships and trials. -
In Wisconsin Mr. Hand took up land, and his son, Elbert, as the eldest of the family, assisted his father on the farm, gaining thereby the strength of constitution which was to hold him in such good stead in the arduous duties of after life. His constitution was further hard- ened, also, by his California experience, for during the gold excitement of 1848-'49 he had a severe attack of the fever and, although only a boy of eighteen, started from home with the van of emigration, and with an ox team journeyed across the plains to Placerville. He was six months on the way and the journey and subsequent experiences formed an epoch in his life which he could ill afford to have omitted. At this point, one of the first of the discovery, he commenced to prospect and later to mine. He was fairly successful for the three years of his resi- dence in California, but,coming to the conclusion that his chances for an honorable and substantial future were better in more cultured com- munities, he returned east to complete his education.
After taking a partial collegiate course at Leoni, Michigan, Mr. Hand entered the sophomore class at the University of Wisconsin, and was graduated from that institution in 1859. From the very nature of his experiences his education had been somewhat interrupted, but hav- ing once decided upon his course of action and being in a position to follow it, he made rapid progress. As he had already determined upon the law as his profession and made considerable progress in his studies, he now applied his mind vigorously to its mastery, so that by 1860 he was graduated from the Albany law school. As Judge Lyon, who then resided at Racine, was an old family friend, he was induced by him to at once make that city his home. The first year of his residence there was passed as a clerk for the firm of Lyon & Adams, but during the second year he was admitted to membership in the firm, its style be- coming Lyon, Adams & Hand. Judge Lyon was called to military ser- vice during the war, and while he was absent Mr. Hand was nominal head of the firm. Judge Lyon was elected circuit judge while in the army, and upon his ascension to the bench the firm became Adams &
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Hand. It thus continued until 1868, when Mr. Adams left the state and retired from the bench of the county court, to which he had some time before been elected. Upon Judge Adams' removal from Wiscon- sin in the year named, Mr. Hand was appointed by Governor Fairchild Judge Adams' successor. For thirteen years he held the position and served his constituents so creditably that even after that period he was pressed to continue upon the bench. Declining a re-election, however, in 1881 he formed a partnership with D. H. Flett, which continued until the spring of 1897. At this time Mr. Flett was elected judge of the municipal court. In the meantime, in 1896, Judge Hand's son, E. B. Hand, had been admitted into the firm, so that, with the retirement of Judge Flett, it became known under the present name of E. O. & E. B. Hand. Its practice is of a general nature, and its reliability is unques- tioned, Judge Hand himself being recognized as an able, safe and suc- cessful counselor, whose policy has been to discourage litigation, usu- ally advising settlements or compromises out of court.
From 1888 to 1890 Judge Hand was district attorney of Racine county. He has been identified with the educational interests of the city, having served for several years as president of the school board. That he has never been a politician or a partisan is quite evident from his "voting record," which is as follows: While in California (1852) he voted for Winfield Scott; in 1856 for John C. Fremont; in 1864 for Abraham Lincoln; in 1868 for U. S. Grant; in 1872 for Horace Gree- ley; in 1876 for Samuel J. Tilden; in 1880 for Hancock; in 1884, 1888 and 1892 for Grover Cleveland, and in 1896 for Mckinley.
Judge Hand has confined his activities quite strictly to his pro- fession, the notable exception to the rule being the controlling interest which he has secured in the Winship manufacturing company, of which he is president and with which he has been identified since 1881.
For thirty-five years he has been a stanch member of the Presby- terian church, having been a trustee and elder for over thirty years of this period. For several years he has also been superintendent of the Sunday school and there are few persons in the denomination who are more generally known than Judge Hand. The pleasures of his domes-
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