USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 13
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55
"General Bragg has not only a strong, clear, analytical mind, which enables him readily to grasp and retain legal principles, but he also possesses the much rarer ability-indispensable to greatness whether as a lawyer or judge-to correctly apply those principles to the facts of eachcase as they may be established by the evidence. He also excels in the ability, so essential to a lawyer's success, to make a clear and logical statement of such facts to the court or jury. Many a meri- torious case has been lost because of an imperfect or bungling statement of facts, but it would be a surprise to the bench and bar of Wisconsin to learn that General Bragg had lost one for such a reason.
"In the speeches and writings of General Bragg little mere rhetori- cal ornamentation is found, and no straining for effects. As a speaker he is pleasing, calm and convincing, and always commands marked at- tention. His style is terse and vigorous, and he excels in logical power. Indeed, his premises granted, it is difficult, usually impossible, to escape his conclusions. It is not easy to determine in which forum-the trial or appellate court-he is strongest, for he possesses very high qualifi- cations for success in either, but whether in one or the other his argu- ments are always learned and sincere, and hence are valuable aids to the formation of correct judgment. This is the true function of argu- ment.
"It may properly be said in conclusion that General Bragg is a most consistent and faithful exponent and practitioner of true legal ethics. This is the rock upon which his reputation, and all enduring profes- sional reputations are builded. When the next generation shall make
124
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
up the roll of great lawyers who lived and flourished in Wisconsin dur- ing the first half century of its existence as a state, it is confidently be- lieved that the name of General Bragg will have thereon a prominent and honorable place."
Judge Dyer has written as follows :
"To General E. S. Bragg has long been deservedly accorded a posi- tion of leadership in the ranks of the legal profession. His prominent identification with the bar of the state began at an early period and has continued without interruption, whether actively connected with profes- sional work at home or engaged in the public service of his country as soldier, legislator, or national representative abroad. No more brilliant galaxy of lawyers ever adorned the professional annals of a state than that in which he may justly claim equal membership in high and meri- torious service. Surviving many eminent contemporaries, he con- tinues to maintain a rank and reputation in the profession which no rivalship in the past or present has been adequate to abate. Nature endowed him with the qualities of a great lawyer. Born and bred to the law as the bird to the air, his equipment for the profession is as natural as it is efficient and complete. Instant in discernment, vigorous in thought and apt in expression, forensic discussion becomes with him playful enjoyment in comparison with the labored efforts-of those not possessed of aptitude for debate. Grounded thoroughly in fundamental principles and in the best learning of the law, he naturally and instantly distinguishes what is superficial from what is sound, and repudiating the former, takes his stand on the solid ground of elementary principle and logical reasoning, rather than on the dictum of some chance au- thority easily invoked in support of fallacious argument. To such a lawyer, Richard Tidd is better authority than shelves of modern books of Practice and Pleading.
"By genuine right of natural possession, must be accorded to Gen- eral Bragg the qualities of the true, competent and accomplished lawyer. When he promulgates a legal principle, whether of application or con- struction, he gives no false or uncertain sound. Sharp, clear, concise, apt in statement, his conclusions always follow his premises in good marching order. He fights in a trial at nisi prius as he fought on the battlefield, with courage, sincerity, singleness of purpose and tenacity. Nothing escapes or eludes him. If struck, he strikes back with ease and celerity, and never loses his self-command. Pertinent in illustra- tion, quick in repartee, clear and cogent in argument, he never loses sight of the controlling question or the main point in the case. He never shoots at random, but always at the mark. That is one of his distinguishing characteristics. His fire is never scattering, but always concentrated.
125
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
"Broad in his knowledge of general literature as in that of the law, and rich in abundant accumulations, carefully stored in a faithful mem- ory, but kept ready for instant use as occasion requires, he is as de- lightful in conversation and companionship as he is dextrous, able and accomplished at the bar. His reputation is national. Wisconsin takes just pride in his career as lawyer, legislator, soldier and civilian. His name is associated with deeds of valor. His fellows say of him, he could not be Bragg if he were not brave. Yet his tenderness of heart was most touchingly illustrated when, during a visit at one of the chari- table institutions of the state, a lady asked him to tell a war story to an audience of orphan children, and he replied : 'I can face a cannon, but truly, have not the courage and cannot trust myself to speak to these orphan children.'"
General Bragg's military career has been sketched for this work by Colonel Rufus R. Dawes, brevet brigadier general, of Marietta, Ohio, who was next in rank to him in the same command during their four years of service:
"Immediately after the firing upon Fort Sumter Edward S. Bragg began the enlistment of a military company at Fond du Lac, Wisconsin. His commission as captain bears the date of May 5th, 1861. and his company was assigned to the sixth regiment of Wisconsin volunteer infantry. The company was designated in the line of battle as 'Co. E.' The regiment joined the army of the Potomac in July, 1861. Captain Bragg was promoted to fill the first vacancy among the field officers of the regiment and his commission as major is dated September 17, 1861. He was again promoted to be lieutenant colonel on June 21st, 1862. Up to this time the regiment had not been engaged in battle. This year of preparation in camp and on the march had brought the command to a high standard of efficiency, and the men fretted with an impatient zeal for the experience of an actual battle service. General Irwin McDowell, himself an accomplished, exacting soldier, then com- manding the army corps, said of the Wisconsin troops: 'Many times I have shown them to foreign officers of distinction as specimens of American volunteer soldiers, and asked them if they had ever anywhere seen, even among the picked soldiers of the royal and imperial guards, a more splendid body of men? and I have never heard an affirmative an- swer.'
"The first actual contact with the enemy is known as the Freder- icks Hall Raid, an expedition sent out to cut the Virginia Central rail- road and obstruct the passage of ammunition and supplies to General Lee's army, then advancing against General Pope. Colonel Bragg was second in command, and the leading spirit in the accomplishment of a complete success of this expedition.
I26
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
"From August 20th to August 27th, 1862, the regiment was en- gaged in skirmishing and supporting artillery. Colonel Bragg was at his post and received his baptism of fire, but on the evening of August 28th began our real experience in battle in the bloody engagement known as the battle of Gainesville.
"Here our brigade lost one thousand men killed and wounded. In the midst of action our colonel. Lysander Cutler, was shot and severely wounded, and Lieutenant Colonel Bragg succeeded to the command of the regiment and gallantly led it throughout the struggle. Immediately afterward occurred the battle of Bull Run the Second. During the two days of engagement with the enemy Colonel Bragg commanded the regiment. After this weary and depressing week of hardship and defeat; while we rested for a day in camp, Colonel Bragg was invited by his fellow-citizens to come home and run for Congress on the union ticket. His answer was, 'I will run for Congress on the union ticket, but I can- not leave my regiment in times like these.'
"The next engagement with the enemy was in the battle of South Mountain, September 14th, 1862. In the ascent of the steep and snowy slope Colonel Bragg commanded and led the regiment. His ability as a leader of men in battle was nowhere better illustrated than upon this field. The action was under the eye of the commander of our army, George B. McClellan, and in describing the conduct of the Wisconsin regiments he used this language: 'I have seen them under fire acting in a manner that reflects the highest possible credit and honor upon themselves and their state. They are equal to the best troops in any army in the world.' On the 17th of September, while leading his men in an early morning attack by General Hooker's corps in the battle of Antietam, Colonel Bragg was shot and severely wounded. He mastered his weakness and charged to the front of the right wing of the regi- ment to save the men from the destructive fire of the enemy. This accomplished, he fell unconscious upon the ground. He was speedily taken up and carried in a shelter tent taken from the shoulders of one of the soldiers to a place of safety. We feared that his wound had disabled him, but later in the day the men of the regiment were aston- ished to see their commander, whose wound had been attended to, com- ing out to take his place again in the line of battle.
"At Fredericksburg Colonel Bragg commanded the regiment. On March 24th, 1863, he was promoted to be colonel of the regiment. On April 29th, preliminary to the campaign of Chancellorsville, the 6th Wisconsin and 24th Michigan were selected to cross the Rappahannock river in pontoon boats in face of the fire of the enemy, and established a lodging on the southern shore. There were not boats enough launched to carry the men of the two regiments. With his accustomed quickness of apprehension, Colonel Bragg ordered his regiment to
127
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
move on the run by the right of companies to the front, and directed each company to seize a boat. The 24th Michigan moved by the flank in a column of four ranks, but the 6th, having a shorter distance and being in better form, filled nearly all the boats, and under the leadership of their gallant little colonel, clambered up the banks on the southern shore and captured the rifle pits of the enemy, taking ninety prisoners. Throughout the trying campaign of Chancellorsville Colonel Bragg commanded his regiment. The hardships of that defeat, enhanced by cold and storm, were trying upon the morale of the officers and men. The cheerful spirit and courageous endurance of Colonel Bragg were most conspicuous and went far to keep up the nerve and courage of his men. Soon after this campaign he was severely injured by a kick from a horse and was obliged to go to the hospital for treatment.
"The next campaign in which he was engaged was Mine Run. It was an undertaking of hardship rather than of bloodshed. The weather was intensely cold. The regiment was engaged in a short skirmish with the enemy's cavalry, which had raided upon our ammunition train, and this was our most active service; but Colonel Bragg showed the moral courage here which distinguished his service as much as his conduct upon the field of battle. In the council of war to decide whether the enemy's entrenchments should be attacked Colonel Bragg voted 'no.' After a careful personal examination he was satisfied that we could not siicceed.
"On May 5th and 6th, 1864, was fought the great battle of the Wilderness. Through the bloody struggle in the tangled chapperal of that remarkable field, Colonel Bragg bravely and skilfully led his men. On the morning of May 5th he was placed in command of a brigade of Pennsylvania troops, known as the Junior Bucktails. This was a gal- lant body of soldiers who had achieved distinction by heroic service in the battle of Gettysburg. That a Wisconsin colonel should have been selected to command a Pennsylvania brigade and welcomed to the serv- ice by them, is sufficient evidence of the standing Colonel Bragg had gained as a brave and exceptionally capable leader of men in battle. He commanded this brigade in the battles of Spottsylvania, Laurel Hill, Jericho Ford, The North Anna, Tolopotamy and Cold Harbor. On the 5th of June the brigade was removed from our division and Colonel Bragg returned to the command of his regiment, but on June the 8th he was assigned to the command of the Iron Brigade, which he led in the assault on Petersburg June 18th, and he commanded it during the long and weary siege which followed .*
"In June, 1864, his nomination as brigadier general, made by Presi- dent Abraham Lincoln, was confirmed by the senate. On July 30th he
*At the time Colonel Bragg was assigned to a command as brigadier general he was junior colonel of the brigade of which his regiment formed part, and when
128
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
commanded the Iron Brigade during the engagement known as the Mine Explosion, and he was also its commander in the bloody battle known as the Weldon Road, which took place on August 19th. General Bragg, when in battle, always maintained a perfect self-possession. He was quick to see, prompt to act and his manner and bearing was always an inspiration to his men. As a commander in camp he was exceedingly solicitious for the comfort of his men. He knew every man in his regi- ment by name and he possessed their personal friendship as well as their confidence and admiration. He endeavored always to stimulate the esprit de corps and to arouse the pride of his men in the achieve- ments of the regiment in battle.
"It was always for the glory of the Old Sixth as much as for the justice of the cause that he appealed to them in battle. For the rights and for justice to those who were under his command he stood against the world, the flesh, the devil, and the war department. When another regiment took possession of our winter quarters. after a terrible march, he was about to drive them out at the point of the bavonet. Seeing our forlorn condition, they generously offered to go, when he invited them to share the cabins with us. When the war department issued an order that practically coerced the officers of the veteran regi- ment to a service they had never volunteered, General Bragg made up their case so clearly and strongly that the war department recognized the justice of his position and modified their order.
"This beautiful letter may illustrate his manner of expression and his spirit as a soldier :
" 'Headquarters Sixth Regiment Wisconsin Volunteers, ' 'Near Belle Plaine, Va., April 4th, 1863. " 'His Excellency the Governor of Wisconsin :
" 'Sir: On behalf of the regiment I have the honor to command, I return to the state of Wisconsin the regimental color presented this regiment in the summer of 1861.
he was placed in command of the iron brigade his senior was relieved from duty in order that the brigade might be commanded by General Bragg. A similar compliment was paid him as a brave and efficient commander at the battle of Tolopotamy Creek, a senior colonel being directed by the corps commander to waive his rank in order that Bragg might be in command. At the battle of Fitz Hugh Crossing the dash was led by Colonel Bragg in person in broad daylight and in open boats for the purpose of capturing the enemy's rifle pits on the south side of the Rappahannock. The desired result was accomplished under a terrible fire, and immediately afterward the colonel was recommended by General Wadsworth, and the recommendation was approved by General Hooker, for a brigadier general for distinguished gallantry, although his rank was then but lieutenant colonel. In 1865 General Bragg was tendered by General Griffin, of the fifth corps, a brevet major generalship, which was declined .- Editor.
129
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
" 'We part with it reluctantly, but its condition renders it unservice- able for the field service. When we received it, its folds, like our ranks, were ample and full; still emblematical of our condition, we return it, tattered and torn in the shock of battle. Many who have defended it "sleep the sleep that knows no waking:" they have met a soldier's death; may they live in the country's memory.
" 'The regiment, boasting not of deeds done, or to be done, sends this voiceless witness to be deposited in the archives of our state.
" 'History will tell how Wisconsin honor has been vindicated by her soldiery, and what lessons in northern courage they have given southern chivalry.
" 'If the past gives any earnest of the future, the "Iron Brigade" will not be forgotten when Wisconsin makes up her jewels.
"'I have the honor to be, very respectfully, your obedient seryant, "'EDWARD S. BRAGG,
" 'Colonel commanding sixth regiment Wisconsin volunteers.'
"In giving this inadequate summary of the wonderful battle experi- ences of General Bragg I have not used figures which, after all, best disclose the character of battle service. According to Colonel Fox the brigade in which his service was rendered had the greatest number of men actually killed in battle of any brigade in the army of the Union, and of the two thousand regiments which lost men in actual battle, the sixth Wisconsin regiment is number ten upon the list.
"General Bragg was advanced to the command of his division and became an acting major general. He had entered the service as a captain, hampered by an entire lack of military experience, and had literally fought his way to this high position. The brevet of a major general was at his command, but he never asked for it. His soldierly qualities, trained in so many battles, had shown him to be of the highest type as a commander of men; but, his duty performed, like a true American volunteer, he returned to achieve his career in civil life."
ELIHU COLMAN.
Elihu Colman was born in Oneida, Brown county, Wisconsin, May II, 1841. His father, Rev. H. R. Colman, who was born in New York state in 1800, became a minister of the Methodist Episcopal church, preached in eastern New York until 1840, when he came to Wisconsin as a missionary to Oneida Indians. Remaining in the work for some years, he finally took up his residence in Fond du Lac, in 1847, and that Vol. II .- 9
I30
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
was his home for the greater part of his time until his death in 1895. The mother of Elihu Colman was, before her marriage, Lydia Elvira Spier. She was born at Lake Pleasant, New York, in 1802 and died in 1890.
As stated above, Rev. H. R. Colman and his family located in Fond du Lac in 1847, and that city has been the residence of the sub- ject of this memoir ever since that time. His preliminary education was received in the graded schools of Fond du Lac and in the pre- paratory department of Lawrence university, Appleton, Wisconsin. Prepared for college, he entered the collegiate department at Appleton in the classical course and was graduated therefrom in June, 1865, with second honors.
Upon leaving college he began the study of law in the office of Blair & Coleman in Fond du Lac and was admitted to the bar in 1866, and since that time has been in the active practice of the law in Fond du Lac to the present date. From 1867 to 1879 he was a member of the firm of Hauser & Colman; of Colman, Carter & Kent in 1879 and 1880; from 1880 to 1882 the firm was Colman & Kent; from 1886 to 1895 the firm was Colman & Sutherland, and in 1896 his firm was Colman & Parkinson. Since October, 1896, he has been in business alone.
In February, 1890, he was appointed United States district attorney for the eastern district of Wisconsin, and while occupying that position he handled a great many important cases. He was the first United States attorney to bring prosecutions, under the direction of the post- office department, to drive the Louisiana lottery fraud out of the coun- try. He was also engaged in the Fox river overflow cases, and, with the assistance of United States attorney A. E. Thompson, of Oshkosh, practically closed out all of that class of cases against the government. He won for the government the test case on title to land on which stands the new Milwaukee government building and superintended the payments for the same. Since the close of President Harrison's ad- ministration his attention has been largely devoted to corporation law.
Mr. Colman enlisted as a private in company G, first Wisconsin
I31
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
cavalry, and served as private and commissary sergeant until January, 1863, when he was honorably discharged for physical disability.
He cast his first vote for Abraham Lincoln for President in 1864, and has always been a member of the republican party. In 1867 he was appointed register in bankruptcy, and held that position until 1872, when he resigned it to take his seat as a member of the assembly in the Wisconsin legislature. In that session he was chairman of the com- mittee on federal relations and leader of the house on political matters. He originated the movement and prepared the bill, which became a law the following session, to abolish the office of state prison commissioner and put the affairs of the state prison in the hands of a board of di- rectors. In 1880 he was the nominee of the republican party for Con- gress in the then fifth district of Wisconsin, running against General E. S. Bragg, nominee of the democratic party, and reducing his majority about 4,000.
He is a member of the G. A. R. post, Ancient Order of United Workmen, Knights of Honor and Royal Arcanum. Of the latter he has been a member of the supreme council for sixteen years and is also a member of its law committee. He is a member of the Methodist Epis- copal church.
Mr. Colman was married to Lizzie M. Hill, of Madison, Wisconsin, September 29th, 1868. The children are Edna M. Colman, Claire Col- man (died in 1888), Ralph H. Colman and Paul Colman.
CHARLES A. ELDRIDGE.
Charles A. Eldridge was born at Bridgeport, Vermont, February 27, 1821; while he was young his parents removed to New York, where he attended the common schools and was admitted to the bar. He came to Wisconsin in 1848, settling in Fond du Lac, where he con- tinued to reside. In 1854 and 1855 he was state senator; he first be- came a member of Congress in 1863 and sat as such in the 38th, 39th, 40th, 41st, 42d and 43d Congresses-a period of twelve years-a longer period of consecutive service than has been served by any other member from Wisconsin. His long participation in national politics and the fact that for the last few years of his life he was afflicted have caused
I32
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
him to be thought and spoken of more as a politician than as a lawyer. As a member of Congress Mr. Eldridge had a wide reputation; he was aggressive, pungent in speech at times and ever ready to take proper advantage of a mistake by the leaders of the opposition to the demo- cratic party. During a considerable part of his congressional career he was a member of the judiciary committee. His death took place at Fond du Lac, October 26, 1896.
GUSTAVUS A. FORREST.
Gustavus A. Forrest is a native of New Hampshire, where he was born August 25, 1845. His parents, James M. and Amelia Ames, were both from the same state, where the father was by occupation a farmer and stock raiser. With his family the latter came west in 1850, and in the following year purchased a farm at Fort Winnebago.
The earlier education of Gustavus A. Forrest was received in the common school of Kenosha, later attending at Fort Winnebago, Co- lumbia county, Wisconsin, and completing his studies at Lawrence university, entering the latter in 1863 and being graduated therefrom in 1868. His mind decided on taking up the legal profession, he entered the office of Spooner & Lamb, at Madison, and in the first class gradu- ated from the law school of the state university in 1869.
It was the year following that he moved to Manitowoc, and for some time he was an assistant to E. B. Treat. He started out for him- self, however, in 1872, with C. M. White, under the firm name of White & Forrest. The partnership lasted until 1880, when it was dissolved and the firm of Forrest & Sedgwick organized. This continued until 1882, when an association was formed with Charles Blesch, which lasted until 1887, since which time Mr. Forrest has followed his profession alone. While his practice has been of a very general character its di- versity has enabled him to give the best evidence as to the variety of his professional attainments. He has handled, and with marked suc- cess, several murder cases, as well as a large number of highly important civil suits, fifteen of his cases having been sufficiently important to find final settlement in the supreme court. The estimation in which he was held in his community was shown in his election, for several terms, be-
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.