USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 20
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In 1859 and 1860 Mr. Magoon was district attorney of La Fayette county ; was state senator in 1871 and 1872, serving as chairman of the joint legislative committee appointed to investigate charges of im- proper conduct in connection with the passage of the Dalles bill; in 1874 he was elected to Congress, being the first man born in Wiscon- sin to represent it there. He was not renominated, and at the close of his term resumed the practice of his profession in Darlington. In Sep- tember, 1886, he removed his family to Milwaukee and entered upon the practice of his profession. Before much success came to him in his new location he was called home, his death occurring March 3, 1889.
GEORGE A. MARSHALL.
Another of the older brigade of the Wisconsin legal confraternity is the subject of the present sketch, a prominent and honored citizen and an able lawyer of Darlington, whose place of birth was Northum- berland, New Hampshire, and the date February 17th, 1836. His father, Caleb Marshall, a farmer by occupation, was a native of New Hampshire, where he was born in 1782. His grandfather held a com- mission as lieutenant in the revolutionary war, while his grandmother was a niece of the famous General Putnam. The wife of Caleb Mar- shall was Laura Franklin Waters, whose father, Henry, married Mary Franklin, a niece of the great Benjamin Franklin.
As the family were living in a remote portion of New Hampshire educational advantages were hard to obtain. The good mother of the subject of this sketch, however, refused to permit her son to be deprived of such an essential to his future well being, and herself arranged and held regular school sessions for him and his brothers and sisters. In this manner, having been excellently grounded, young Marshall was fitted later to benefit by the instruction of the New England academy, following which he attended the university at Burlington, Vermont,
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where, in 1861, he was graduated. Afterwards, in 1864, having taken a general classical course, he received the degree of M. A.
His schooling completed, the mind of the young man was strongly bent on becoming a lawyer, and though on leaving Vermont he was able, through the influence of J. P. C. Cottrill, of Milwaukee, to secure the position of principal in the high school at Sheboygan, he only re- tained the place for one term. Resigning, he studied law with the firm of Ellis & Jones, and with such diligence and attention that on June 9th, 1862, after examination by Judge Taylor, he obtained his license to practice. Shortly afterwards he moved to Galena, Illinois, where his profession was practiced until 1867, when he settled in Darlington, Wisconsin. Alone until 1881, a partnership was then formed with P. H. Conley, but was dissolved in 1887, and since that time Mr. Mar- shall has been alone.
Recognizing the necessity of having the records of titles to real estate in the best possible condition, in 1871 he began the work of making a set of abstract books of La Fayette county, and such of his time and attention as could be spared from his professional duties has since been devoted to that work.
In his politics he has always been a republican and has at all times held the entire confidence of his party. In 1868 he was elected district attorney of La Fayette county, and was chosen for two years as county superintendent of schools in 1871.
Mr. Marshall is an honored member of several secret societies. He joined the Odd Fellows as far back as 1863 and for a number of years was delegate to grand lodge; is a charter member of the Darlington lodge of the Knights of Pythias, was elected first chancellor com- mander and has been delegate to grand lodge. He joined the Ancient Order of United Workmen in 1879, became a member of the Masonic body in 1882 and of the Modern Woodmen in 1883.
Married at Waukesha, Wisconsin, November 20th, 1862, to Miriam H. Cutler, a native of Vermont, his wife is a relative of Colonel Sidney Bean, who was killed at Port Hudson in the war of the rebellion, and also of Irving Bean, present collector of Milwaukee. They have two children, a son, Francis C., lieutenant sixth cavalry, United States
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army, who is now commandant of cadets in the Danville Military in- stitute at Danville, Virginia, and a daughter, Mary F., who is living at home. Lieutenant Marshall is married to the daughter of Colonel Page, third United States infantry.
Of the Protestant Episcopal church of Darlington, which was es- tablished by him, Mr. Marshall is an active member. In his tastes eminently literary, he has, since he left college, done much work of merit. The theosophica society was joined by him in 1889 and he has not merely made a thorough study of its literature, but has also con- tributed largely to its magazines.
H. C. MARTIN.
Harry Chapman Martin is an American by birth and a native of Wisconsin, having been born in Darlington, December 15th, 1854. Several of his ancestors fought in the revolutionary war. He is the son of Alvin C. Martin and Adelia (Chapman) Martin. His father was born in Derby, Vermont, and his mother in Boston, Massachusetts. They came from their home in Rumney, New Hampshire, to Darling- ton, Wisconsin, in 1854, where they are still living.
The subject of this sketch received his early education in the schools of Darlington, afterwards prepared for college with Judge Mills, of Lancaster, Wisconsin, and after teaching school for one year in De- Kalb county, Illinois, entered the university of Wisconsin in 1876, graduating therefrom with the class of 1879.
Almost immediately upon his return home he entered the law office of J. R. & D. S. Rose, and later studied law in the office of Henry S. Magoon. He was admitted to the bar in the circuit court of La Fay- ette county in 1881 by Judge M. M. Cothren and by the supreme court very soon thereafter.
. A partnership was formed with Henry S. Magoon immediately after his admission to the bar, but was continued only for a few months; in 1887 he formed a copartnership with R. J. Wilson, a connection which has been continued with mutual satisfaction and very great success up to the present time, the firm having been engaged in most of the im- portant litigation in their county since said partnership began.
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Mr. Martin served for five years in company K, first regiment, Wis- consin national guard, receiving an honorable discharge. He served with his company at the time of the riots in Milwaukee, when J. M. Rusk was governor. In his political views he has been an unswerving republican and has held a number of offices which speak both as to his popularity and integrity. About three months after his admission to the bar he was appointed county superintendent of schools and was elected to said office twice thereafter, holding it in all for nearly six years. He was elected mayor of Darlington in 1887 and again in 1888 and thereafter was city attorney for seven years; was elected district at- torney of La Fayette county for two years and served for four years as a member of the republican state central committee of Wisconsin and was elected to the assembly in 1895. He has taken an active part on the stump in every political campaign since 1880.
He joined the Masons in 1877 and the Knights of Pythias in 1891; he has held every chair in his lodge of Knights of Pythias and has for four years represented his lodge as delegate to the grand lodge.
He is president of the board of education in said city and has at all times shown himself a public-spirited citizen and has been intimately connected with the business progress of his city and community. He and his family attend the Episcopal church. Mr. Martin was mar- ried November 15th, 1882, to Catherine E. Dodge, daughter of General Ammi Dodge and Annie (Dering) Dodge, one of the pioneer families of La Fayette county. They have one daughter, Annie.
GEORGE MULKS.
The resolutions of the Iowa county bar on the death of George Mulks expressed that "he was a good lawyer, an honorable practitioner, a warm-hearted friend, a genial companion, an upright citizen, and an honest man; and if his usefulness was in any manner impaired it was the result of circumstances, generated by the better impulses of his so- cial nature, the promptings of which, restrained by no calculating selfish- ness, were always marked by kindness, sympathy and love."
Mr. Mulks was born in the state of New York in 1826; came to Wis- consin in 1850, and settled at Shullsburg; studied law there with James
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H. Knowlton; was there admitted to the bar and practiced with Mr. Knowlton at Shullsburg and afterwards at Janesville. Being with- out a family, he changed his location somewhat frequently, having practiced at Eau Claire and Hudson before 1861, when he was em- ployed by Amasa Cobb to take charge of his law business during his absence in the army; he remained at Mineral Point until 1864 in pur- suance of that arrangement. In that year he went to Idaho and was one of the first white men at Helena City. In 1868 he returned to Wisconsin and formed a partnership with Samuel W. Reese at Dodge- ville, which continued until his death.
Mr. Strong has said of Mr. Mulks that "he was endowed by nature with a genius and possessed of a mind and talents, nurtured by culture and education, which, under favorable circumstances, would have given him rank co-equal with that of the brightest ornaments of the bar of the state." George Mulks was a devotee of his profession purely from a love of it, and not because of the possibilities it furnished for fame or fortune. No employment furnished him with such satisfaction as the investigation of abstruse and doubtful legal propositions, no inter- course with others so enjoyable as the discussion of such propositions. "In the month of February, 1871, he had yielded his judgment to the control of his appetites to such an extent that his mind had, to some extent, lost its balance. On the first day of March he started on a morning walk, as he had frequently done before, from which he never returned. His friends were alarmed for his safety and instituted a search for several days, but all in vain. On the 23d of March his body was found by accident in an unfrequented field. He had removed all his clothing and lain down beside it, as though he supposed he was re- tiring to bed, and the cold March weather soon, no doubt, destroyed his life."
NATHAN OLMSTED.
Nathan Olmsted, formerly of the La Fayette county bar, was born at Davenport, Delaware county, New York, October 17, 1812. In the autumn of 1837 he came west, remaining over the winter of 1837-38 at Alton, Illinois, and reaching Wisconsin in the spring of 1838. For
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two years he resided on a farm in Elk Grove, La Fayette county, and then went to old Belmont, at one time the capital of the territory, where he taught school for a time, after which he bought the Cottage Inn farm, where he resided until his death. In 1846 Mr. Olmsted was ap- pointed justice of the peace by Governor Dodge, which office he held until the time of his death-a period of almost fifty-two years. In 1851 and 1853 he was a member of the assembly from La Fayette county ; in 1850 he was appointed postmaster at Cottage Inn; he held that office until it was abolished in 1865. For almost twenty-five years he was a member of the county board, and served nearly half that time as its chairman. He was not admitted to the bar until 1860, and never practiced very extensively, giving his attention mainly to cases in the county court. He became a republican on the organization of that party, and is said to have attended every county convention of it held in La Fayette county; he was also often chosen delegate to state and other conventions. His death occurred April 5. 1898, twenty days after the death of his wife, with whom he had lived sixty-two years.
In all the walks of his long life Mr. Olmsted was universally re- spected for his integrity, uprightness and urbanity; he was a true friend and a good citizen.
PHILO A. ORTON.
Philo A. Orton, of Darlington, was born March 24th, 1837, at Ham- ilton, New York, which was also the birthplace of his father, Philo A. Orton. He comes of old English stock, being descended from Thomas Orton, who settled at Windsor, Connecticut, in 1640. In 1800 Judge Orton's grandfather removed from Tyringham, Massachusetts, to Ham- ilton, which remained the Orton home until 1850, when his father emi- grated with his family to Wisconsin, settling first at Beloit and after- wards, in 1855, removing to Darlington, where Judge Orton has since resided.
His mother was Nancy Collins, and was born at Burlington, New York. The family consisted of six sons, all of whom are now living. with the exception of Captain Thomas E. Orton of the third regiment, Wisconsin infantry. At the commencement of Sherman's march to the
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P. D. Oton
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sea, on July 25th, 1864, before Atlanta, his young life was given for the preservation of the Union. Judge Orton's father was a man distin- guished for his high integrity and sterling worth. His culture was broad and his reading extensive. His mother was a woman of strong and noble character. Both were buried from Judge Orton's residence in Darlington.
In 1851 and 1852 Mr. Orton attended Beloit college, which at that time consisted of but a single building, and that but partly finished. In 1856 and 1857 he studied at Madison (now Colgate) university, in his native town of Hamilton. It was his intention to follow the occupa- tion of civil engineer, and his college course was adapted to that pur- pose, but the panic of 1857 completely paralyzed all efforts at railroad construction, in which he had expected employment. Mr. Orton therefore gave up his original plans and turned his attention to the law, commencing its study in the office of James R. Rose at Darlington. He was admitted to the bar in 1859 and has since continuously prac- ticed law at that place. For thirty years he has been the senior mem- ber of the firm of Orton & Osborn, one of the oldest, if not the oldest, of the law firms of the state. C. F. Osborn, the junior partner, is a brother-in-law of Judge Orton, and before associating himself with the latter read law in his office.
Mr. Orton early in his professional career gained an enviable reputa- tion as a strong and conscientious attorney. So great was his success that before reaching his thirtieth year he was considered in the front rank of southwestern Wisconsin lawyers, a division of the bar second to none in the state and including at that time such bright minds as Strong, Dunn, Mills, Cothren. Crawford and others of equal note. His uniform success was, and has always been, merited. It has been the fruit of thorough preparation and untiring effort. Judge Orton de- lights in work. He never feels better than when fully occupied and thrives under strains to which weaker mentalities and physiques would succumb. Hard work brought him into prominence, and hard work has kept him there. It is but just to say that today he is the leading lawyer of southwest Wisconsin, and one of the ablest to be found in the state.
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Judge Orton tries a case thoroughly. He is combative, but within proper limits and in a proper spirit. Withal he is eminently fair and courteous to an opponent, and reasonably expects to receive the just and considerate treatment he accords. His word is considered among his brethren at the bar to be as good as a stipulation in writing, for association with him has taught them that he ever so regards it. The essential honor and integrity of his dealings with his fellow attorneys, his clients and all with whom he comes in contact has been a prime factor in securing for Judge Orton the high professional reputation which he enjoys; it has contributed to the result equally with his recog- nized superiority of mind.
Before a jury Judge Orton is strong and eminently logical, pursuing his argument methodically, passing rationally from premise to conclu- sion, and often not only with convincing weight, but with moving elo- quence. He is fluent in speech and correct in language, and his exten- sive reading is frequently shown in the excellent illustrations from the domain of history, science and literature with which he re-enforces his contentions.
Before the court Judge Orton is certain of the respectful and at- tentive hearing to which his legal attainments and his recognition of the true function of an advocate as the assistant of the judge and not a mere partisan entitle him.
In 1862 and 1863 Mr. Orton was prosecuting attorney of La Fayette county and from 1870 to 1874 filled the office of county judge. During the rebellion he was a war democrat and remained in democratic coun- cils until 1880. He was a candidate for attorney general of the state on the democratic ticket in the fall of 1861, was an independent candi- date for circuit judge in 1870 and the democratic candidate for repre- sentative in Congress in 1876, but, though he ran well, his personal pop- ularity could not overcome the republican vote and he was defeated. During the last twenty years he has kept out of politics, though taking a lively interest in the cause of good government. In 1880 he voted for Garfield for President and since that date has acted with the repub- lican party.
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As a man of liberal education and broad culture Mr. Orton has al- ways felt a keen interest in educational matters. From 1874 to 1877 he was a regent of the state university, and for over twenty years was president of the board of education in his home city.
Not only as an attorney has Judge Orton been active, but, with an excellent business judgment and capacity, he has successfully con- ducted many financial and commercial enterprises. In August, 1874, he obtained a controlling interest in the La Fayette county bank, which he held until 1882, when he organized the First National bank of Darlington, of which he has always been the president. He is also president of the Benton state bank, at Benton, Wisconsin.
Judge Orton is a charter member of the Delta Kappa Epsilon fra- ternity at Colgate university. He is a Mason, belonging to the Mineral Point commandery and the Darlington chapter and blue lodge; was for several years master of the Darlington lodge and was deputy grand master of the grand lodge of the state for two years.
He was married January 27th, 1862, to Sara M. Osborn, a daughter of Captain S. W. Osborn of Darlington, and has two children, Susanne Orton, who is a graduate of Rockford college and is now studying medi- cine in Chicago, and Robert E. Orton, who is bookkeeper in the First National bank of Darlington.
CHARLES F. OSBORN.
Few lawyers in the fifth circuit have had a more varied or successful practice than Charles F. Osborn, the junior member of the firm of Orton & Osborn, of Darlington; and few men anywhere possess or deserve a higher degree of public confidence. Mr. Osborn was born in Ashtabula, Ohio, March 16, 1847. His education, general and pro- fessional, was obtained at Darlington, of which he became a resident in 1851, and where he has continued to reside. He has held numerous offices-two terms as county judge, city attorney and mayor, and two terms in the popular branch of the legislature, in 1889 and 1891. He has long been recognized as a lawyer of ability, a careful practitioner, an industrious student and an honorable gentleman.
Vol. II .- 14
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STEPHEN O. PAINE.
Stephen Olney Paine was born at Chillicothe, Ohio, December 22, 1809. When quite young he removed with his father's family to Quincy, Illinois, where he spent his boyhood and received a very limited educa- tion. He devoted the earlier years of his manhood to merchandising at Quincy.
Upon the breaking out of the Blackhawk war, in 1832, he enlisted and in this service visited the region of country that was destined to be his future home.
In the spring of 1837 he removed to Wisconsin and made his per- manent residence at Platteville, which continued to be his home for the remainder of his days. He very soon after commenced the study of law at Platteville, with Lorenzo Bevens, and while thus engaged de- voted a portion of his personal attention to mining, dividing his time between the law office and the miner's shaft. In 1843 he was admitted to the bar in Grant county, and commenced the practice of his profes- sion at Platteville. He had a very respectable practice, which he con- tinued alone until 1862, when William E. Carter became associated with him as a partner. Mr. Paine commenced the pursuit of the pro- fession too late in life to achieve that success and distinction which would, no doubt, have rewarded his efforts if he had devoted the earlier years of his life to it, but notwithstanding these disadvantages, his rank was far above mediocrity.
In 1853 he was appointed county judge, to fill a vacancy, and the next year was elected for a full term. He held several offices in the state militia, among which were captain, major, judge advocate, with the rank of colonel, and, during the war, was draft commissioner for Grant county. He died at his home in Platteville, October 3, 1870.
JEFFERSON B. SIMPSON.
Jefferson B. Simpson was born June 11, 1859, at Shullsburg, Wis- consin, the town he has since made his home. His parents were P. B. and Mary (Baird) Simpson, the father being an old member of the bar, having settled in Shullsburg in 1847, and there at once commenced the
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practice, which was continued until his death, April 28, 1895. He was a man of prominence and was held in universal esteem; for six years, from 1854 to 1862, he had been a member of the state senate, and for one year was in the state assembly. He was chairman of the senate committee on the trial and impeachment of Levi Hubbell. The family was of Scotch-Irish descent, a settlement having been made in this country in 1760, and the immediate ancestor of the subject of this sketch, and four of his brothers, were soldiers in the revolutionary war. The Bairds were of Scotch descent, and had come to the United States in 1720, the family originally owning the land upon which the city of Washington is now built.
Having received a good education in the schools of his native town, Jefferson B. Simpson attended the university of Wisconsin, from which, after taking the full classical course, he graduated in 1879. Having determined to take up his father's profession, he commenced to study law under his direction, and in 1881, having taken the state examina- tion, was admitted to practice. Joining forces at once with his father, the partnership was continued until the latter's death, since which he has practiced alone.
A democrat in his political views, the standing and general estima- tion in which he was held were shown by his election as president of the village of Shullsburg, when he was but twenty-two years of age. In 1890 he was elected district attorney, an office he filled to the thor- ough satisfaction of his constituents for one term, and during which he . was connected with some very important cases. Among these may be recorded the notorious lynching case in 1891. A murderer was taken from the jail during the noon hour by a mob and strung up to a tree near by. Mr. Simpson arrived on the scene just at that moment and used his utmost endeavors to cut the man down, but was held by the mob until the man was dead. For the outrage, nine men were indicted by the grand jury; but after a hardly-contested trial lasting four weeks, and at a cost of $12,000 to the county, the accused were discharged. Another case which, at the time, made considerable sensation, was the trial of a Free Methodist preacher for assault on another preacher at a camp meeting. The subject of this sketch represented the latter from
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whom, while both parties were laboring under strong religious fervor and excitement, the defendant had, as he himself expressed it, endeav- ored to drive out the devil. Plaintiff was given three hundred dollars damages.
Mr. Simpson was married November 8, 1888, in his own town, to Luella Allen. They have two children, who are named respectively Allan and Olive, and the happy husband and father, naturally of a home- loving disposition, finds with his wife and children his chiefest pleasure and truest recreation.
For fifteen years he has been a member of the Odd Fellows and for eight years a Knight of Pythias, in both orders having held all the offices. He also belongs, since 1893, to the Modern Woodmen and to the Uniform Division, Lafayette, No. 27. For five years he served in the Wisconsin state guards.
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