History of the bench and bar of Wisconsin, Vol. I, Part 46

Author: Berryman, John R
Publication date: 1898
Publisher: Chicago : H. C. Cooper, Jr.
Number of Pages: 836

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with Governor Winthrop in 1630 and to New Haven with Governor Eaton in 1637. Of his English ancestors he is eighth in descent from Thomas Morton, a graduate of Cambridge, who was successively bishop of Chester, 1615; Litchfield, 1618; and Durham, 1632, and whose daughter Ann married David Yale, and, for her second husband, Gov- ernor Eaton, of the New Haven colony. A daughter of David and Ann (Morton) Yale married Governor Edward Hopkins of the Con- necticut colony, and a son, Thomas, married Mary, daughter of Cap- tain Nathaniel Turner. They were the parents of Elihu Yale, after whom Yale university was named, and the great-grandparents of Ann Yale, who, in 1733, married William Carter, the great-great-grand- father of the subject of this sketch. Mr. Carter is also sixth in descent from Thomas Roberts, the last colonial governor of New Hampshire, and seventh in descent from Governor Thomas Prince, of the Plymouth colony. One of his ancestors owned Breed's Hill, on which the battle of Bunker Hill was fought. Others were courageous protectors of the regicides, while more than a score served in the Pequot and King Philip's wars, and in the general courts of the New England colonies. Three of them were among the thirteen members of the convention which met in 1639 to frame a written constitution for the colony of Connecticut, the first ever adopted by any people, and the leading features of which have since been incorporated in the federal and in most of our state constitutions. He is a grandson of Sergeant William Taylor, who enlisted in the Lexington alarm, from Simsbury, Connecticut, when only seventeen years of age; was at Bunker Hill, Monmouth and Stony Point; served through the war, and was awarded a pension. He is also third and fourth in descent respectively from private Joseph Gaylord and Captain Nathaniel Bunnell, likewise Connecticut soldiers of the revolution.

Mr. Carter's education was obtained in the common schools with the exception of a single term in a private school at Winsted. In 1850 he commenced the study of law with Judge Elisha Johnson, of Ply- mouth, continuing the following year with Judge Jared B. Foster, at New Hartford, and completed his studies (having meantime taught

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school during the winters) with Judge Waldo P. Vinal, of Middletown, in 1855. He was immediately admitted to the bar, and began a suc- cessful practice in Middletown. He removed to Milwaukee, Wisconsin, in 1858, where for a short time he was legal assistant in the office of Finches, Lynde & Miller, and later in that of ex-Chief Justice Hubbell. In 1860 he entered into partnership with William G. Whipple, now of Little Rock, Arkansas. In 1863 the firm of Carter, Pitkin & Davis was formed (ex-Governor Pitkin, of Colorado, and DeWitt Davis), which continued until Mr. Carter removed to Chicago in 1869. He there entered into partnership with Frederick W. Becker and Samuel E. Dale under the firm name of Carter, Becker & Dale. This connection was severed after the great fire of 1871, when Mr. Carter removed to New York, as legal representative of the Chicago creditors of the suspended fire insurance companies of that and other eastern cities. Judge Leslie W. Russell, now of the supreme court, became his partner, but returned to St. Lawrence county in 1873. and since then Mr. Carter has had as partners: Sherburne B. Eaton, Eugene H. Lewis, ex-Governor Daniel H. Chamberlain, William B. Hornblower, James Byrne, Lloyd W. Bowers, Paul D. Cravath, John W. Houston, George M. Pinney, Jr., and Frederic R. Kellogg. His present firm-Carter, Hughes & Dwight-has for members Charles E. Hughes, Edward F. Dwight, Arthur C. Rounds, Marshall B. Clarke and George W. Schurman.

In politics Mr. Carter is a republican. He has never sought office, and when he was nominated for the legislature in Middletown he de- clined. The only official position he has ever held was that of United States commissioner and master-in-chancery of the United States court in Wisconsin, which he held but a short time. He, however, has fre- quently served on committees and as delegate to political conventions, and in 1869 was manager of the senatorial campaign in Wisconsin, which sent Matthew H. Carpenter to the United States senate.

Mr. Carter shows his interest actively in educational matters, was .on the board of education in Middletown; while in Milwaukee was a trustee of Lawrence university, and at present is one of the trustees of Syracuse university. Being an extensive traveler in foreign lands, Mr.

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Carter has had the opportunity to indulge his taste for art treasures, and he is the possessor of one of the finest framed collections of etchings and engravings in the world. In Milwaukee, in 1892, he delivered a lecture on the masterpieces of reproductive etching and engraving, which probably gives the most minute and careful description of the processes of etching, line, mezzotint and stipple engraving yet published. Mr. Carter belongs to the Methodist Episcopal church, and is the vice presi- dent of the board of trustees of the New York avenue church of Brook- lyn, to which church he lately presented one of the largest and finest organs ever constructed. He also holds the position of trustee in the church of which his grandfather was one of the founders in his native town. He has served as Sunday school superintendent, class leader and steward, and in charitable work has lent generous aid. He is one of the few surviving members of the Christian commission, having held the position of chairman to the Wisconsin branch of that great charit- able organization, of whose work at the battle of Nashville he published in the Northwestern Christian Advocate an account which was after- wards republished in the official history of the commission.

In clubs and societies Mr. Carter has a wide membership. He be- longs to the republican and Union League clubs in Brooklyn, where he resides, and has been upon the art committee and one of the governors of the latter club. He was one of the incorporators and is a life member of the Brooklyn institute of arts and sciences, and since 1892, when he succeeded Dudley Buck, has been president of its department of music. He is a trustee of the homœopathic hospital association, a member of the New England society, and the Long Island historical society. In New York he belongs to the Lawyers', Grolier and Clef clubs, is a mem- ber of the manuscript society, and was the first lay-honorary associate of the American guild of organists. He is also a member of the Ameri- can historical association, the American geographical society, the American museum of natural history, the metropolitan museum of art, the New York genealogical and biographical society, the New York historical society, the New York zoological society, the Sons of the Revolution, the Sons of the American Revolution, the society of May-

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flower Descendants, the order of the Founders and Patriots of America, and America's Founders and Defenders, of which last he was the founder. He is a member of the New York state bar association, the American bar association (being upon the committee on uniform state laws of the latter), and an honorary member of the legal fraternity of Phi Delta Phi.

Mr. Carter has been three times married. By his first wife, Antoin- ette Smith, of New Hartford, Connecticut, who died in 1865, he had four children: Dr. Colin S. Carter, a well-known dental surgeon of New York; Emma, who married Reverend E. H. Dickinson, pastor of the North Presbyterian church of Buffalo; Antoinette, wife of Mr. Hughes of the firm of Carter, Hughes & Dwight; and one son, who died in 1887, George S. Carter, educated at Columbia college and the Harvard law school. His second wife, Mary Boyd Jones, of Frederick, Maryland, died in 1869 without issue. In 1870 he married Harriet Cook, of Chicago, by whom he has two children, one of whom-Walter F .- was graduated from Yale in 1895, and was the famous pitcher of the baseball nine; his younger son, Leslie T. Carter, will not enter college, and is studying law in his father's office.

Mr. Hornblower, who, it will be remembered, was nominated by President Cleveland for a seat on the bench of the supreme court of the United States, wrote of Mr. Carter to the editor of the Banking Law Journal thus: "In my opinion, Mr. Carter's most noticeable character- istics are a most extraordinary memory for names and faces, a most remarkable familiarity with the surroundings, antecedents and character of prominent men in all callings of life, and a readiness and alertness of mind in dealing with the practical bearings of legal questions. While disclaiming for himself any profundity of legal acquirements in the shape of book-learning or any fondness for research among authorities, he has a great faculty for apprehending the legal questions involved in any matter presented to him. He has also a most unusual geniality and cordiality of manner, which adds greatly to his success in professional dealings with his clients and with other lawyers." Mr. Lloyd W. Bowers, of the legal department of the Chicago & Northwestern rail-

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road company, has written thus of his former partner: "I believe Mr. Carter's most marked characteristics to be great energy, a keen knowl- edge of human nature, splendid judgment of men and fine business tact. He knows more men than any one I ever was acquainted with, and can tell you more about them. Whatever subject he takes hold of he be- lieves in going to the bottom of, and to that end he always uses indefati- gably the best means of investigation. To these qualities ought certainly to be added a strong and generous friendship for young men. He always has in his office a number of students whose ability has recommended them to him and whom he offers every advantage and the best of treat- ment, with rapid promotion if deserved. He is also a fine speaker, as a speech made by him to a deserving Harvard student, who had applied for a position, conclusively shows: 'Mr. -, I am sorry I have no place for you, but I am very glad I can make one; you can go to work, and your salary begins now.' He told the truth; he had no place, but he took the meritorious applicant all the same."

In 1859 Mr. Carter compiled "The code of procedure of the state of Wisconsin, as passed by the legislature in 1856, and amended in 1857- 58-59, with an appendix, containing the rules of the supreme and circuit courts, the time of holding the terms of court in the various circuits, and of the United States district court."

JOHN J. ORTON.

The following quotation from a letter written ten months previous to his death by Mr. Orton to a former classmate at Yale, gives a brief history of some of the most important events in his life:

"I was born in the town of Brookfield, Madison county, New York, April 25, 1812-to-day, 71 years, 364 days-early in the morning, a farmer's boy. Common school until II; went into store; became mer- chant at 21, earned some money; went to Burr seminary, Vermont, in '36; prepared for college: at Yale, '38-42. Crash of '37 cleaned me out. Came out of college poor; studied law-last resource of a poor student. To support myself the while, kept books in bank of Orleans, New York. Went to Albany; entered name as law student in office of S. D. Law.

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road company, has written thus of his former partner: "I believe Mr. Carter's most marked characteristics to be great energy, a keen knowl- edge of human nature, splendid judgment of men and fine business tact. He knows more men than any one I ever was acquainted with, and can tell you more about them. Whatever subject he takes hold of he be- lieves in going to the bottom of, and to that end he always uses indefati- gably the best means of investigation. To these qualities ought certainly to be added a strong and generous friendship for young men. He always has in his office a number of students whose ability has recommended them to him and whom he offers every advantage and the best of treat- ment, with rapid promotion if deserved. He is also a fine speaker, as a speech made by him to a deserving Harvard student, who had applied for a position, conclusively shows: 'Mr. , I am sorry I have no place for you, but I am very glad I can make one; you can go to work, and your salary begins now.' He told the truth; he had no place, but he took the meritorious applicant all the same."

JOHN J. ORTON.

The following quotation from a letter written ten months previous to his death by Mr. Orton to a former classmate at Yale, gives a brief history of some of the most important events in his life:

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Admitted to practice in old supreme court of New York city in May, 1847. Too poor to practice law; went into merchandising again- wholesale lumber at Buffalo, '47-'49. Went west in '49; landed at Mil- waukee on a visit to see my two brothers. Became engaged in merchan- dising in real estate there. Made money in '52-'53. Got into the Noonan and Orton litigation, which lasted until Noonan broke down, went into bankruptcy, and died in the mad house in 1881-2-say about thirty years. So that from '53 to the present, I have had to be a lawyer, ex necessitate-in self-defense. Sixty-five lawyers were employed in a long guerrilla fight commenced against me to overthrow me. I won- was not overthrown-never have been. Opposing lawyers were directed to show no quarter, and I defended on that plan: fought the battle as it was laid, succeeded to my satisfaction in the overthrow of Noonan, and, am happy to say, the most of his merciless crew of lawyers. Truly I have fought a fight, and I hope a good one. We are told of those who, of old, fought wild beasts at Ephesus. But I have fought devils incarnate: and have felt sometimes in the past that hell was empty, and all the devils were here. My will and good courage have carried me through, almost alone, for when one is assaulted, all false friends flee."

Mr. Orton was a man who relied upon himself for his advancement, and he learned the need of it in the very beginning. His father, Harlow N. Orton, was a member of the medical profession, and in the year 1817 moved with his family from Cambria, Niagara county, New York, as one of the earliest settlers of that part of the "Holland Purchase."

After obtaining a good common school education, at the age of eleven the subject of this sketch became a clerk in a dry goods store at Albion, Orleans county, and remained with the same employer until he went into partnership with him at the age of eighteen. He was a remarkably steady and industrious youth, of kind disposition, even tem- per and very genial and pleasant manners. He was the most popular young man in the county, and known by all by the familiar name of "John." He was fond of humor, and very much given to wit and repartee. He had a genius for music, both vocal and instrumental, and

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was the organist of the Presbyterian church at Albion, of which he be- came a member at an early. age, and for many years was superintendent of the Sabbath school. He was fond of reading, studious in the intervals of his work, and became a most excellent and thrifty merchant. His greatest intellectual force was mathematical, and he was a "ready reck- oner," if not a "lightning calculator." The old Orleans county bank failed, and he was appointed the agent or commissioner to close up its affairs, which he did with general satisfaction, and he held with credit to himself other positions of responsibility and trust. He nearly pre- pared himself for college in his counting room, and having disposed of his business, finished his course of preparation at Middlebury, Vermont, and entered upon a classical course at Yale college, and at the end of four years was graduated with honor. Immediately afterwards he read law, and was admitted to the bar in the city of New York. He then formed a partnership with Isaac Sherman, to manage the entire lumber business of Detroitt & Co., of Albany, at Buffalo, and to buy and for- ward all the lumber of that market. He made considerable money in that enterprise, and at the end of a few years Mr. Sherman became a banker and broker in New York city, and wished his friend and partner to join him in that business. But John J. had two brothers-Myron H. and Harlow S. Orton-and as he had never been near them since his childhood, and as they were residents of Milwaukee, he decided to pay them a visit, and upon arrival there he saw openings for business that seemed profitable, and led him to a number of investments which after- wards became so urgent in demanding his personal attention that he concluded to settle there and make it his home. That visit was paid in 1850, and after deciding to remain he became a member of the firm of Orton, Cross & Orton, in the practice of law. By the investments spoken of above he laid the foundations of a very large fortune; but out of them arose the long litigation that formed one of the main labors of his life, a contest that has become a part of the legal history of Wis- consin, and that ran for many years, and ended in his final triumph and complete vindication. Of that contest Mr. Orton himself wrote:

"In my operations I was compelled to take what is known here as

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the 'Humboldt property' on some advances I had made upon it in default of payment. This property lies about three miles north of the court house on the Milwaukee river, and consisted of a water power, dam, mills, etc., and a large tract of land. The incident referred to grew out of a lease of part of the water by my grantors to one J. A. Noonan and his partner, P. McNab. I bought this property in 1852, and soon after Noonan commenced a litigation with me on account of this lease, which lasted about twenty-five years. This was the first law suit I had ever had with anyone. I soon found I was engaged with a mammoth litigant-one who meant my ruin in a series of vexatious law suits. In the meantime, suits had multiplied between us to over a score. I have conquered after a contest of a quarter of a century and over one hun- dred law suits, in which between forty and fifty lawyers have been pitted against me, and thirty-six opinions written in the supreme court of the state in these Noonan and Orton cases."

This extended litigation was ended only a short time before his death, and his final success was a source of great comfort to him, as it was evidence that he was right. Mr. Orton conducted his own cases and in every turn and movement showed himself in the possession of exhaustless resources of legal knowledge and skill, and of a will that was like adamant. In his very first argument before the supreme court of Wisconsin, it has been said by one competent to speak, "he measured lances more than successfully with his adversaries, gaining a legal point in the decision that ultimately saved his property and laid his most formidable foes in the dust."

From that time on his suits were all brought and defended by him- self in person, no matter what the array of counsel against him. His style of legal oratory was peculiar. It had all the clearness and pre- cision of statement that marked the best efforts of the Wisconsin bar, combined with a certain amount of wit and humor, which won for him confidence and marked attention.

Regarding these suits brought against him as wholly vexatious and annoying, he not only chafed under them but he fought them valiantly. None could hear him without feeling that he was a man gigantically

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wronged, one fighting because he was obliged to fight. He invariably carried the sympathies of the jury and audience with him, and if de- feated at a given point he had the encouragement to fight on.

Mr. Orton had also a large practice in his profession outside of his own suits, and in general practice ranked high among the able men of the bar of the state.

There was so much in the bearing and character of John J. Orton that was never understood, and so much more that was misunderstood by the people among whom he for so many years lived, that any men- tion of his life would be incomplete that did not touch upon the change that was wrought in him by sad circumstances that would have changed the gentlest soul that ever lived.

When he first settled in Milwaukee he considered himself perma- nently located, and, having been prosperous in business, he hoped to spend the rest of his life in happiness, and brought to his home one whom he had long loved, a daughter of one of the families of New Haven county, who was beautiful in her girlhood and upon whom no shadow had been cast when he met and won her love. Upon the peace, purity and manifold blessings of the marriage relation as the foundation, he had built all the hopes of his future life. He was a faithful member of the church and a well-established member of society. But alas! there fell upon him suddenly the revelation of an unfortunate infirmity in his newly made wife, and that, with the knowledge of the deception that had been practiced upon him in repayment of his love and trust, came like the breaking of the anchor chains that had held him fast in the harbor of peace and hope, letting him drift into a strange and stormy career so unlike his former self. He was divorced, but the harm had been done. The effect upon the life of John J. Orton was in- stantaneous and terrible. For awhile he abandoned the practice of law, worked early and late, and immersed himself in business that he might drown other thoughts. He became gloomy, hard and harsh where he had been cheerful, liberal, genial and generous. When he forgot his troubles, turmoils and cares, he was the finished scholar, the polished gentleman, and genial friend, and read classics and modern authors and

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loved to discuss questions of science, literature and art. These unfor- tunate events occurred soon after he came to Milwaukee and were known to but few, and scarcely remembered by those most familiar with his early history.

The outspoken openness of Mr. Orton's character in youth is dwelt upon with the tenderness of recollections of olden days in the "Classic Letter" of his Yale college associates for 1885, wherein it is said in connection with the announcement of his death: "We all knew and loved John Orton in college. He was of ardent temperament. frank and outspoken in his address, of genial, kindly nature, social in his dis- position, and capable of strong attachment to his friends. He was, even in college, a marked character for his independence of spirit. He was the oldest man of the class, and often, in a pleasant, jocose way, would assume the role of paternal guardianship over those of the class with whom he was the most intimate. He was accustomed to addressing them as 'Soboles,' to indicate their youthful verdancy as compared with his larger experience of life. When our college days were ended, and a group of us had come together for the last time in one of our rooms to have a good talk before the final parting, John Orton was with us, and with no one of the group was the last hand-shaking and the last farewell more hearty and prolonged than with him. We saw but little of him from that sad day."

The severe honesty of his early life was preserved through the after years, and no charge of dishonest dealings or of departure from strict justice or integrity could be advanced against him in any of his busi- ness relations. Of his legal qualifications it has been well said: "As a lawyer he must have subscribed, mentally at least, to the ancient oath of English barristers: Present nothing to the court in falsehood, but make war for our clients." He did make war for them, and in that ag- gressive, earnest and stormy way that generally brought victory. As a lawyer his mind was intuitive and far-seeing. He founded all argu- ments upon the immovable rock of natural law, and many of his plead- ings in cases of wrong and oppression wreaked upon the poor and weak by the rich and strong, were considered of the highest order. His in-

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History of the bench and bar of Wisconsin, Vol. I, Part 46

Author: Berryman, John R Publication date: 1898 Publisher: Chicago : H. C. Cooper, Jr. Number of Pages: 836

Author: Berryman, John R
Publication date: 1898
Publisher: Chicago : H. C. Cooper, Jr.
Number of Pages: 836