History of the bench and bar of Wisconsin, Vol. I, Part 55

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


USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. I > Part 55


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On September 7, 1876, at Manitowoc, Mr. Estabrook was married to Miss Jennie Hodges. They have four living children-Charles M., Francis H., George M. and Benjamin H. Two daughters, Margaret and Mary, died at Madison.


CHARLES F. FAWSETT.


Charles F. Fawsett, associated with the well-known firm of Winkler, Flanders, Smith, Bottum & Vilas, was born in Montgomery county, Maryland, March 13, 1866, his ancestry being Scotch-English. Harvey C. Fawsett, his father, a farmer of the Old Dominion, removed to. Mont- gomery county, Maryland, in 1858 and there continued his vocation. He was for many years one of the most prominent farmers of the county, but has lately retired and is now living in Rockville, the county seat of Montgomery county. He was always an ardent democrat and still takes an active interest in the political and public affairs of the county. In 1862 he married Miss Marian E. Offutt, daughter of William H. Offutt, judge of the orphans court of Montgomery county, and other- wise a citizen of high standing and marked influence.


The subject of this sketch spent the earlier years of his youth upon his father's farm. After passing through the public schools he taught as principal in these institutions for three years and subsequently pur- sued the higher branches at Dickinson college (Carlisle, Pennsylvania)


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and the Washington-Lee university, at Lexington, Va. He left the university to accept a position in the Baltimore custom house under the first administration of President Cleveland, in 1888. The appoint- ment which he thus received was manifest clerk in the naval office of that place.


It was while fulfilling the duties of this position, in the fall of 1889, that Mr. Fawsett commenced the systematic study of his profession in the law school of the Maryland university, the lectures therein being all after business hours. In 1891 he was graduated at the head of his class, taking the regular three-year course in two years. He was made presi- dent of his class, and was awarded the university prize of $100 for the best examination. About the time of his graduation he was promoted from the position of manifest clerk to that of assistant liquidating clerk at a salary of $1,400 per year, which position he shortly afterward re- signed to enter upon the practice of his profession.


In February, 1892, he opened an office in Baltimore, but, consider- ing the west a larger and more promising field for the young lawyer than the east, he removed to Milwaukee in October of that year. On January 1, 1893, he formed a partnership with John F. Burke, under the firm name of Burke & Fawsett, continuing in this relation until August I, when he entered the office of Winkler, Flanders, Smith, Bottum & Vilas, with which firm he has since been associated.


Mr. Fawsett's first case was a suit brought against the city of Balti- more for damages to goods caused by the overflow of an insufficient sewer. It was the first case of its kind that had been tried there, the local members of the profession generally entertaining the view that the city was not liable for damages on account of insufficient sewage capacity. Mr. Fawsett, however, gained his suit, which was the fore- runner of a number of similar cases. Since coming to Milwaukee he has had a broad and varied experience in the practice of the law in all its branches, and by virtue of his association with the last named firm has participated in many cases of the first magnitude.


In politics Mr. Fawsett has always been a democrat. He is a Knight Templar and a member of Ivanhoe Commandery, Milwaukee. He is also identified with the Milwaukee, Deutscher and Country clubs.


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JOHN L. GILMORE.


John L., the son of John M. and Sophia Mash Gilmore, was born in Green Lake county, Wisconsin, December 26, 1860. His father and his paternal grandparents, Dewey and Rebecca, were natives of the Empire state, his mother being of Vermont birth. Mr. Gilmore's pa- rents removed from New York state to Ohio, at that early day con- sidered in the far west. Here they resided until about 1858, when they came to Wisconsin, and, as stated, two years thereafter was born the subject of this sketch. The father still lives on the farm upon which he settled forty years ago.


After attending district school in his native county, John L. entered Downer college, Fox Lake, and took a full course in that institution. He afterward studied law in the offices of F. Hamilton & Son, of Fox Lake, and Rufus B. Smith, of Madison, completing his legal studies at the state university. Graduating from its legal department in 1884, he was at once admitted to the bar and commenced the practice of his profession in Mr. Smith's office. Two years later, however, desiring a wider field for the exercise of his talents, he removed to Milwaukee.


Establishing himself in Milwaukee under the firm name of Toohey, Morse & Gilmore, several changes occurred during the succeeding ten years. First Mr. Toohey retired from the partnership and Morse & Gilmore conducted the business. From 1888 to 1895 the firm was Toohey, Doerfler & Gilmore, Mr. Doerfler withdrawing during the lat- ter year. The practice of the firm has covered a wide range, embracing both civil and criminal cases in all the courts, and, although the firm has confined its practice to no specialty, the suits which it has under- taken have been almost uniformly successful. It is perhaps needless to add that the credit of this record is due in no small measure to the professional strength of Mr. Gilmore.


Although a republican in politics, he has given so much of that strength to his legal studies that he has not drifted into the current of office-seeking which sweeps along so many members of his profession.


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Mr. Gilmore is a Mason and a Knight Templar, having filled all the chairs in the blue lodge.


WARREN DOWNES TARRANT.


The senior member of the firm of Tarrant, Kronshage, McGovern & Dielmann is a tower of strength in the partnership, both because of his natural ability as a lawyer and because of the industry, care and frankness displayed by him in the conduct of cases and in his dealings with clients.


Mr. Tarrant is of British ancestry, his father, George Tarrant, com- ing from his native England to this country when seven years of age. His mother's maiden name was Clara L. Runey, her father, in ante- bellum days, being a resident of Maryland. He, with most of his rela- tives, were slave owners, and some of them have retained their southern prejudices to the last.


Mr. Tarrant, the father of Warren D., was and is a leading merchant of Durand, being a pioneer of that city. He is owner of several cream- eries and president of the bank of Durand, doing business under the firm name of Geo. Tarrant & Sons, and managing his extensive interests at Durand, Tarrant and Eau Galle with energy and ability.


Warren D. Tarrant was born at Durand, December 10, 1867. In 1883 he graduated from the high school and from 1883-86 assisted his father in his business.


As a preliminary to his legal training he took a full course in mod- ern classics at the university of Wisconsin, graduating in 1890. He then commenced the study of law under John Fraser, at Durand, and completed his legal course at the state university, from which he graduated in 1892. While pursuing his studies at Madison he also continued his practical work in the office of Messrs. Olin & Butler, so that when he was admitted to practice before the state supreme and the United States courts in June of that year few young men have been so well equipped for an active professional career.


Locating in Milwaukee September 1, 1892, Mr. Tarrant formed a partnership with Theodore Kronshage, Jr., which, under the firm name of Tarrant & Kronshage, continued until January, 1898. Since that


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date two additional members have been received, making the firm Tar- rant, Kronshage, McGovern & Dielmann. Mr. Tarrant's first year's experience in Milwaukee was not especially encouraging, but since then the business has grown until it is one of the largest in the city-an in- dication of its prosperity being the tasteful suite of offices maintained by the firm.


Numerous important cases have been carried through the courts in a masterly fashion, among others the following: The Notobac trade mark cases, including the $100,000 libel suit which grew out of them; the Philbrook guardianship matter, involving the right of a guardian attorney to charge regular legal services for work performed; Beck & Pauli Lithographing company vs. Rockford Watch company; Indiana Springs company's "mud" cases, in Chicago, to restrain certain parties from using the name "Magnetic Mineral Mud," which had been adopted by the above named corporation, as well as other suits of a corporate and probate nature.


Mr. Tarrant has always been a steadfast republican, and an earnest advocate of municipal reform. He has never been a politician, how- ever, and the only official position which he has held has been that of court commissioner for Pepin county, which he filled in 1889-91. He is a Mason and a member of the Knights of Pythias, as well as of the college fraternity, Delta Upsilon, and the law fraternity, Harlan chapter of Phi Delta Phi.


JOHN A. F. GROTH.


Mr. Groth was born near Greifenberg, Pommerania, Germany, on December 6, 1861. His father, Ludwig, was an economist and as an active member of the liberal party took a prominent part in German politics. He left Germany partly on account of political reasons, set- tling in Milwaukee in 1873, where he died nine years later, at the age of sixty-six. The surviving family consisted of the widow, Bertha Groth (nee Boeder), and the children-John, Paul, Mary and Ella. Paul J. F. Groth is in the general passenger department of the Chicago & North-Western railway, Chicago; Mary is the wife of W. H. Momsen, of Milwaukee, and Ella is unmarried.


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Previous to the commencement of his legal studies, Mr. Groth's education was obtained in the elementary schools of his native land, in the Greifenberg gymnasium and the Milwaukee high school. He be- gan the study of law in the office of Frank B. Van Valkenburgh, con- tinuing it with John C. Ludwig and P. J. Somers. The death of his father retarded his progress in this direction for about six years, this period being passed by him in the auditing department of the Chicago, Milwaukee & St. Paul railway. However, he by no means discontinued his law studies, and he not only preserved the knowledge already ac- quired, but also pursued a course in philosophy, following the schools of Kant and Schopenhauer.


In the beginning of 1889 Mr. Groth resumed his law studies sys- tematically in the office of C. A. Koeffler, Jr., and two years later was admitted to the bar at Madison, Wisconsin. He practiced independ- . ently until the spring of 1894, when he became a member of the firm of Elliott, Hickox & Groth, with which firm he was associated for three and a half years, since which time he has practiced alone. During his professional career he has been identified with much noteworthy litigation, among which may be instanced the Plankinton bank cases and the F. F. Day assignment.


In politics Mr. Groth has been an active republican and is an ef- fective campaign orator. During the McKinley campaign he delivered some eighteen speeches throughout the state in both the English and German languages, addressing about ten thousand people. In the spring of 1898 he was, by a small margin, an unsuccessful candidate for the nomination of city attorney, notwithstanding which, he at once en- tered vigorously into the campaign and did most effective work for his party.


In religious belief Mr. Groth is a Lutheran. He is a student of lit- erature as well as of the law, and is in sympathy with many benevolent societies, being directly affiliated with the National Union, the Royal Arcanum, the Knights of the Maccabees of the World, and the Ger- mania.


On the 24th of January, 1893, he was married to Miss Augusta Winzen. They have one son, Jean Paul.


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HISTORY OF THE BENCH AND BAR OF WISCONSIN.


ERNEST S. MOE.


Mr. Moe's mother, a native of Quebec, is of English descent. His father was born in Ohio and emigrated to Racine county, Wisconsin, at an early day, becoming a general merchant at Union Grove, where Ernest S. Moe was born on the 26th of August, 1860. After being educated in the district schools, or, at least, progressing as far as they would take him, he entered the high school, graduating therefrom when only thirteen years of age. For the succeeding four years he assisted his father in his store and then, entering the university of Wisconsin and taking the modern classical course, graduated with honors in 1883. During his collegiate course he was a leader both in athletic affairs, in the fraternities and in all oratorical contests. In short, at this early day, he was not only a thorough student but active in many movements out- side of the study and the classroom.


After graduating from the university of Wisconsin Mr. Moe at once entered the law office of W. C. Williams. A year of hard study was so productive of results that in October, 1884, he was admitted to the bar, but remained with Mr. Williams for some time after he had entered upon his second term as district attorney. He was also in the office of Chapin, Dey & Friend for two years, establishing himself as an inde- pendent practitioner in 1888. In the meantime (1887) he had become the attorney for the Northwestern Collection Agency and soon after- ward president of the company, as well as active manager. Besides act- ing in these capacities he is associated in legal partnership with Otto R. Hansen, or perhaps, more correctly, the firm is now not only engaged in general practice, but has the management of that agency's entire legal business. The partnership with Mr. Hansen was formed in 1896, the firm name being, for the two previous years, Moe & Cole.


Mr. Moe, as a republican, has taken quite an active part in local politics and made a fine record as assistant district attorney under W. C. Williams. He is still in touch with college life through his connection with the Psi Upsilon fraternity. He is also a member of the Knights of Pythias, Milwaukee lodge, No. I, and is connected with the Royal League.


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Mr. Moe's wife was, before marriage, Miss Isabella Williams, whose parents are natives of Wales. Her father, Mr. Lewis Williams, settled in Kenosha county sixty years ago and is one of the most prosperous farmers and stock raisers in southern Wisconsin. They have one child, Margaret.


Mr. Moe's remote ancestors were of French extraction. The family name is properly De Moe, the American branch originating in two brothers who emigrated from France about the middle of the eighteenth century and settled near Plattsburg, New York. From this historic point, when a boy of eight years, Edwin Moe, the grandfather of Ernest, witnessed from his father's house the battle of Lake Champlain. In fact, many of Mr. Moe's paternal ancestors were participants in both the wars of the revolution and of 1812. Representatives of the family re- moved from Plattsburg to Cayuga county, New York, where their de- scendants still reside. Edwin Moe, the immediate ancestor of our subject, emigrated from New York to Ohio at an early day and died only a few years ago, at the age of ninety years.


Mr. Moe's maternal ancestry is English. His maternal grand- father, James Mather, was born near Bolton, England, and is a member of the famous family which has gone into history because of its connec- tion with New England rather than with the mother country. Emi- grating to Canada about the year 1837, he determined to make the country of freer opportunities his home and came to the United States during the following year. Locating in Racine county, in 1840, he en- gaged in several lines of business. He cultivated land, kept a hotel, sold produce and otherwise made himself known as an industrious and prac- tical resident.


Other branches of the family represented by Mr. Moe are the Cases, original pilgrims of the Mayflower, members of which eventually set- tled in Connecticut to assist in the founding of the commonwealth; also the Penningtons, a wealthy and influential family of Liverpool and vi- cinity, Dr. Thomas Pennington, a noted physician, being at one time mayor of the city. The Liverpool branch is only represented in Eng- land and its members are usually connected with the legal profession.


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COLWERT K. PIER.


Colwert K. Pier was the son of the first white man who settled at the location of the present city of Fond du Lac, Wisconsin; he was born June 7, 1841, and was the first white child born in Fond du Lac. Until he was sixteen he helped on his father's farm; after attaining that age he entered Lombard university at Galesburg, Illinois; after leaving there he began the study of law with Judge Robert Flint, of Fond du Lac; before he was prepared for admission to the bar the civil war broke out; at the age of twenty he enlisted as a private in company I, first Wisconsin, the first volunteer in his native city. At the expiration of his term of enlistment (three months) filial obligations required him to return home, which he did; he engaged in the prosecution of his law studies at the Albany law school and in law offices in Fond du Lac. The desire to further serve his country in the field led him to organize a company of which he was chosen captain; he proceeded along that line until he had organized nine companies; the commissioned officers of the regiment so organized chose him as its colonel. He was then twenty-three years of age. At the time this regiment was tendered the government did not need it; but soon another call for troops came; Mr. Pier was commissioned lieutenant colonel of the thirty-eighth Wiscon- sin and went to the front, joined Grant's forces and fought in the Wilder- ness and about Richmond. Mr. Pier became colonel. In August, 1865, he was mustered out, returned to his home, was admitted to the bar, became a member of the firm of Gillett, Conklin & Pier, which was reorganized as Gillett & Pier and then changed to Gillett, Pier & Bass. For a time Col. Pier practiced alone. In 1874 he gave up the general practice to take charge of other business interests and did not there- after devote much time to the pursuit of professional business.


About 1888 Col. Pier removed to Milwaukee, where he resided until his death, which was caused by a stroke of apoplexy and occurred April 14, 1895. He was active in politics, Grand Army circles and in various business affairs. During the existence of the state soldiers' orphans' home he was, for a long time, one of its trustees and for a part of the time an officer of the board. It is worthy of note that Col.


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Pier's family, though of the gentler sex, all take to the law. Mrs. Kate Pier, his widow, and their three daughters have been graduated from the college of law of the university of Wisconsin, have been admitted to the bar, and most of them have appeared before the supreme court.


KATE PIER.


Kate Pier, daughter of John and Mary Hamilton, was born June 22, 1845, in St. Albans, Vermont, removing with her parents to Fond du Lac, Wisconsin, at the age of eight years. She was educated in the public schools of that city, graduating from the high school in 1862. She taught in the public schools of Fond du Lac and in 1865 married Colwert K. Pier. Their children were five daughters, three of whom are living.


In 1871 her father died and Mrs. Pier assumed the management of his estate. Her success therein induced her to determine to enter the legal profession, and, with her eldest daughter, Kate H. Pier, who had recently graduated from the high school, entered the college of law in the university of Wisconsin. They were both graduated in 1887.


A year later the Pier family removed from Fond du Lac to Milwau- kee, where Mrs. Pier at once opened a law office. Her three daughters have now all joined her in this office.


In 1891 Mrs. Pier was appointed circuit court commissioner, which office she still holds. While Mrs. Pier has occasionally appeared in va- rious courts of record in the state and before the supreme court, yet the greater portion of her time has been and is occupied with general office business, her duties as court commissioner and the management of es- tates. The more active work has been attended to by the daughters.


KATE H. PIER.


Kate Hamilton Pier was born December 1I, 1868, in Fond du Lac, Wisconsin, on the same farm on which her father had been born. Within a few months after finishing her public school course, in com- pany with her mother, she entered the college of law in the university of Wisconsin. In 1887 both ladies received the degree of LL. B. from the university. Miss Pier entered at once upon the practice of law .


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in Fond du Lac, in the office of her father and mother. She tried her first case in the Fond du Lac county court. Within a year the family removed to Milwaukee, where Miss Pier began her legal work in the office of the legal department of the Wisconsin Central railroad. Later she entered her mother's law office, where she has ever since remained. In 1891 she argued her first case before the supreme court, being the first woman attorney to argue a case before that body. In 1894 she argued a case before the United States circuit court of appeals of Chi- cago, being, also, the first woman attorney to appear in that court. In the same year she was admitted to practice in the supreme court of the United States.


CAROLINE H. PIER.


Caroline Hamilton Pier-Roemer was born at Fond du Lac, Septem- ber 18, 1870. She was educated in the public schools of Fond du Lac, Madison and Milwaukee. After graduation at the high school she entered the college of law at the university of Wisconsin, receiving the degree of LL. B. therefrom in 1891. After this she studied elocution for a short time at the Northwestern university at Evanston, Illinois. She has been engaged in the active practice of the law in Milwaukee ever since. She was admitted to the bar of the supreme court of the United States in 1897. November 17, 1897, she married John H. Roemer, of the Milwaukee bar.


HARRIET H. PIER.


Harriet Hamilton Pier was born in Fond du Lac, April 26, 1872. She was educated in the public schools of Fond du Lac, Madison and Milwaukee. In company with her sister Caroline she entered the col- lege of law at the university of Wisconsin, from which institution both girls received the degree of LL. B. in 1891. She has practiced with her mother and sisters in Milwaukee ever since. Much of Miss Harriet's time has been passed in northern Wisconsin, where she has tried some very important cases relating to real estate titles and proceedings of county officers, etc. Miss Harriet argued her first case before the su- preme court of Wisconsin in 1896.


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EMMONS E. CHAPIN.


Emmons E. Chapin was reared on the old homestead farm of his parents, Deacon Orange and Fanny (Greene) Chapin, in the town of Aurelius, about four miles west from the city of Auburn, New York, on the old Genesee turnpike. His earliest recollections are of the races between the "regular" and "opposition" four-horse stage coaches when they struck the long level through the old farm, and these races could hardly have been less spirited than the chariot races of ancient history. The horses were driven by superb horsemen, and in passing the old home would be neck and neck on a "dead run" till out of sight on their way to Buffalo or on their way to Albany, the coaches being filled with passengers and the "boots" with baggage and mail. The people along the turnpike mourned when the coach and four gave way to the railroad train.


His father was of the fifth generation from the distinguished Deacon Samuel Chapin, of Chicopee, Massachusetts, who took the "freeman's oath" at Boston in 1642. His mother was the daughter of Levi Greene, a nephew of General Nathaniel Greene of revolutionary fame. Both of Mr. Chapin's grandfathers served in the revolutionary war, and his father was a soldier in the last war with Great Britain. His grandfather, Levi Greene, was in the battle of Bennington under General Stark and heard his heroic words: "Boys, we win this fight or Molly Stark sleeps a widow to-night." His grandfather Chapin was present at the sur- render of General Burgoyne.


Mr. Chapin attended the public and private schools and, finally, the academy until he reached the age of sixteen years, when he began teach- ing school in his native town of Aurelius. Subsequently he taught the public schools at Montezuma, and when of age was chosen superin- tendent of schools of Aurelius, which position he held for a few months before starting for the great west. Whilst teaching and serving as superintendent of schools he pursued the study of law, obtaining his Blackstone, Kent and other elementary works from ex-Secretary of State Christopher Morgan, who then was the law partner of William H. Seward and a friend of the Chapin family. He landed at Kellogg &




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