USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 28
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
The Waupaca County National bank, the first institution of the kind established in the county, was founded by Mr. Churchill in 1890. He has been its president from the first. Its last report shows that its capital is $50,000; surplus, $3,000; deposits, $145,000.
A republican in politics, he has always been a prominent figure in the public eye, having already served as village clerk for five years and as a member of the board of education for eight years. He is also active and influential in the order of Odd Fellows.
In November, 1868, Mr. Churchill was married to Ann Elizabeth Walker, of Weyauwega, Waupaca county. They have six children- Lucy May, now Mrs. F. S. Baldwin, of Waupaca; Fred W., engaged in the abstract business; Herbert, assisting his father in the office; Ned, residing at present in Colorado; C. Lloyd, at school in Fond du Lac, and Richard G.
WILLIAM H. CLARK.
William Henry Clark was born at Hamilton, Madison county, New York, June 16, 1812; was graduated from Hamilton college. Soon after being admitted to the bar he settled at Prairie du Sac, Sauk county, Wisconsin; was elected a member of the first constitutional convention. On the change of the county seat to Baraboo Mr. Clark changed his residence to that place and successfully practiced there for a long time. He finally removed to Dexterville, Wood county and died there Sep- tember 14, 1879.
GEORGE R. GARDNER.
George Ransom Gardner, late of Grand Rapids, departed this life December 20, 1897. He was born at Horseheads, Chemung county, New York, on the 19th of January, 1837. Much of his early life was spent on a farm and in gaining a liberal education. He first came to Wisconsin in 1856 and spent about two years in Columbia county, working during the summers and teaching school during winters. His early life in these respects was typical of the American boy. He re- turned to New York state in 1858 and continued working on his par- ents' farm until August 11, 1861, when he enlisted in the forty-eighth New York regiment. He lost his right arm during the charge upon
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Fort Wagner on July 18, 1863. He returned home and after regaining his health, began the study of law in the office of Judge Rood, at Wat- kins, and on May 15, 1867, was admitted to practice in the supreme court of New York at Binghamton. After his admission he entered into partnership with Judge Rood and continued in the practice of his profession at Watkins until June, 1870, when he removed to Missouri and opened a law office at Breckenridge, in Caldwell county, where he continued for about two years. The climate and surroundings there were not to his liking, and he returned to Wisconsin. He was united in marriage to Rachel Delany of Poynette, Columbia county, and soon thereafter, in March, 1873, settled in the city of Grand Rapids and commenced the practice of his chosen profession.
During the almost quarter of a century's residence of Mr. Gardner in Wood county his neighbors delighted to honor him by conferring upon him many of the most important civil and political trusts; aside from mayor of his adopted city and other minor offices which he held, he was district attorney of Wood county from December, 1873, to January, 1876. He was appointed county judge in December, 1876, and served until January 1, 1878. He was again appointed to the same office in October, 1879, and was elected for the full term in 1881, serv- ing until January 1, 1886. At the election in the fall of 1882 he was chosen member of assembly and during the session of 1883 was one of the most active and energetic workers in that body. He at all times took great interest in educational matters and during nearly the whole of his residence in Grand Rapids and up to the time of his death was a member of its board of education. In all the public positions he was called upon to fill he was ever faithful, painstaking and watchful of the rights of others intrusted to his keeping.
For nearly twenty years he was the senior member of the firm of Gardner & Gaynor, and was engaged in the greater part of the im- portant litigation in the section of the state in which he lived. Of a strong mind and bright intellect, thoroughly grounded in the principles of the law and possessed of a modest, though ready and forcible man- ner of expressing his ideas, he was a convincing advocate, dangerous to his opponents, and a sure and safe anchor for his client. Thoroughly
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truthful and conscientious in his own life, he sought only for truth and the triumph of right in the cause of his clients.
In his arguments in court he was careful, accurate and exhaustive. His manner was earnest, serious and also considerate and respectful, and his professional brethren bear in kindly remembrance the pleasure, sat- isfaction and advantage they derived from their personal and profes- sional intercourse with him, and the benefit the bar has received as a whole on account of his attainments as a lawyer, and his personal in- tegrity and example. He was very modest and unobtrusive, of a cheer- ful and social turn, and possessed a mind well stored with informa- tion. He was an agreeable and entertaining companion who never de- lighted in speaking ill of any one.
Of him it may well be said he was truly a good man, a just, hon- orable and safe counselor and advocate.
The foregoing, except for a few verbal changes, is the memorial of the Wood county bar as presented to the court by George L. Williams on behalf of a committee composed of himself, Frank A. Cady and J. W. Cochran. In response thereto Judge Charles M. Webb said, after di- recting the entry of an order recording the memorial of the bar: "The present is not the occasion upon which an extended eulogy upon the life and merits of our lost friend may be appropriately pronounced. But, as the presiding judge of the court in which Mr. Gardner actively prac- ticed as a member of its bar nearly twenty-five years, in making the order just announced it seems proper that I should add something to what has been so well said by others of his surviving brethren of the bar in recognition of his many virtues while living and of the great loss to us all which his death has occasioned. My long and intimate per- sonal acquaintance and association with Mr. Gardner-commencing with his settlement here in the early seventies and continuing without a break, until his death-gave me exceptional opportunities to learn and know his character as it actually was; to observe his conduct under many and varying circumstances; to discover and judge the motives which impelled and controlled his actions in the divers relations he sus- tained with the public, with individuals, with his clients, with the courts and his professional brethren. That he was learned in his profession,
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wise and conservative in the counsel he gave, able in the presentation and argument of his cases, whether before a jury or before a court; al- ways courteous and affable to his opponent, all who knew him know. In ability and learning as a lawyer, in eloquence and power in the ex- pression of his views, he was tinexcelled, at least in this section of the state of Wisconsin. And he was, above all things, an honest man. So far as known, his absolute uprightness of conduct in all his business and professional relations was never doubted or questioned. As he would have scorned to do an intentional wrong, so he would not knowingly justify one committed by another, no matter who that other. Like every lawyer of extended practice he sometimes found himself on the wrong side of a case. It is very seldom that a case is found pending in the courts so clearly unjust that no legitimate argument can be made in its support; and such argument in its behalf the suitor interested is entitled to have presented with whatever of ability his attorney can em- ploy. The true lawyer will always stop there. Mr. Gardner was a true lawyer in this regard, as in every other. Faithful to his client in every emergency, he was also ever faithful to the interests of justice and to his oath of office as an attorney of the court. It may be stated without fear that any person living could successfully challenge its absolute ac- curacy, or would desire to do so, that in all his professional life Mr. Gardner committed no act the uprightness and good faith of which would not bear the severest scrutiny. His entire professional life was . a continuing and overwhelming refutation of the belief, more frequently expressed than honestly entertained, that the duties of the lawyer to the client and cause he serves are sometimes such as to demand that he shall knowingly advocate the wrong. Mr. Gardner's death is an irreparable loss to the bar of the state at large, and especially so to his brethren of this county and circuit. He will be long remembered by those of us who were privileged to know and associate with him and his memory will be cherished and honored because of the simple splen- dor of his example, and the absolute purity of his professional life.
"What has so far been said of Mr. Gardner's distinguishing charac- teristics as manifested in his professional career is equally true of and applicable to his life as a citizen, neighbor and friend. As a citizen he
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was possessed of broad and enlightened views, was ready and anxious to give and serve for the interests and advancement of his city and county. As a friend he was confiding, faithful and unselfish in the high- est degree. No man ever lived who more fully and completely em- bodied all that was manly, generous and noble or who was more wholly and absolutely devoid of envy, selfishness or other unworthy or un- manly attributes than he. Modest, unassuming -- in his social and per- sonal relations forgetful of self and ever mindful of the wishes and wel- fare of others-his life was a constant example of unaffected worth and magnanimity, such as men are seldom permitted to know. His death has left a vacant place in the community in which he lived and in the social circle in which he moved which cannot be filled. We shall not soon see his like again."
LUTHER HANCHETT.
Luther Hanchett was born at Middlebury, Ohio, November 25, 1825; received an academic education at Fremont and studied law there with his half brother, General Ralph P. Buckland. In 1850 he was admitted to the bar at Plover, Portage county; in 1852 was elected dis- trict attorney ; was twice elected state senator, serving in the sessions of 1857-1860; in the last year was elected a member of the thirty-sev- enth Congress, and in 1862 was re-elected. He did not live to enter upon his second congressional term, his death having occurred at his home November 24, 1862. "He was a good and successful lawyer and took high rank at the bar, where he secured the respect and con- fidence of all with whom he had professional relations."
JAMES O. RAYMOND.
James Oliver Raymond was born at McDonough, Chenango county, New York, May 31, 1831; was educated in the common schools and academies at Newark Valley and Owego, in his native state; came to Wisconsin in the spring of 1855: first settled at Fond du Lac, but soon removed to Plover, where he was admitted to the bar in 1856, having studied law at Owego, New York. He formed a law partnership with Luther Hanchett, which continued until the latter's death in 1862.
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Was district attorney of Portage county from 1857 to 1860 and in 1867 and 1868. Entered the military service in February, 1865, as orderly sergeant of company C, fifty-second Wisconsin, and remained with his regiment until it was disbanded in August following. In 1866 was a member of the assembly. Removed to Stevens Point in July, 1873, where he resided until his death. Was an unsuccessful candidate for circuit judge against Gilbert L. Park in 1875. In 1877 formed a part- nership with Willis W. Haseltine; was postmaster at Stevens Point under Garfield and Arthur; was appointed a member of the state board of normal school regents by Governor Upham and reappointed by Governor Scofield. His death occurred April 14, 1897.
W. C. WEBB.
W. C. Webb, formerly of the Waushara county bar, was born and educated in Pennsylvania. Before his removal to Kansas he was active in political affairs in Wisconsin, having helped to organize the republican party. He served in the assembly in 1858, 1862, 1863 and 1864. He also entered the military service while a resident of that state and was promoted to a colonelcy in 1865. It is not known when he removed to Kansas, but it was probably at the close of the war, inas- much as he was reporter of the supreme court as early as 1870, con- tinuing in that office until 1878. He has also been three times a mem- ber of the legislature and has held the office of commissioner of insur- ance, county attorney, judge of the eleventh judicial district and judge of the superior court of Shawnee county. The last years of his life were devoted to the preparation of the general statutes of Kansas, which work was performed under legislative authority and published in two volumes in 1897. Judge Webb died at Topeka, April 21, 1898, aged 74 years.
HERMAN C. WIPPERMAN.
Mr. Wipperman is a member of the Wood county bar and practices his profession at Grand Rapids. He was born in the town of Mosel, Sheboygan county, Wisconsin, July 28, 1853. Until he was fourteen years of age his time was taken up with farm work for his father and
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attendance on the public school. When he became fourteen he left home to learn the trade of a carpenter and joiner and worked at the same until he reached maturity; thereafter he went to Chilton, Calumet county, formed a partnership with a brother and carried on the man- ufacture of office and hall furniture; they also had a retail business. In 1886 the firm was dissolved and Mr. Wipperman became a student of the law in the office of A. A. Nugent at Chilton; he pursued his studies there until the fall of 1888, when he entered the college of law of the Wisconsin state university, from which he was graduated in June, 1889. He returned from Madison to Chilton and opened an office at the latter place, where he remained until 1891, when he moved to Grand Rapids.
Mr. Wipperman is a republican; has served as city attorney of Grand Rapids and in 1895 and again in 1897 represented Wood county in the assembly. As a legislator he has made a good record for diligence, ability and integrity. He has usually been conservative, but has not been non-progressive. His legal knowledge and the training derived from his extensive practice have made his services to the state valuable and secured for him the respect of his fellow members and all who have observed his course. As a lawyer Mr. Wipperman is diligent, up- right, careful, discriminating and frank. He wins and retains respect and confidence.
CHAPTER XXIII.
THE EIGHTH CIRCUIT, ITS JUDGES AND LAWYERS.
The eighth circuit, as constituted by chapter 13, laws of 1854, included the counties of Chippewa, Dunn, Pierce, St. Croix, Polk, La Pointe and Douglas. The first election for judge was held on the fourth Monday of September, 1854, and resulted in the choice of S. S. N. Fuller. He was succeeded by Henry D. Barron (a sketch of whom is given in another chapter), who served but a short time under appoint- ment to fill the vacancy caused by Judge Fuller's resignation. The other judges of the circuit were, in order of service, L. P. Wetherby, H. L. Humphrey, E. B. Bundy and E. W. Helms.
THE BENCH.
S. S. N. FULLER.
Mr. Fuller was born at Montrose, Susquehanna county, Pennsyl- vania. He came to Wisconsin and resided for a time at Fond du Lac. where his name is enrolled as an attorney under date of February 3, 1851. His stay there was brief. After his removal to Hudson, St. Croix county, he was elected county judge and later circuit judge, as stated in the preceding paragraph. His service did not cover the full term for which he had been elected. Soon after resigning he removed to Kansas and died about 1876.
LUCIEN P. WETHERBY.
Lucien Porter Wetherby, one of the judges of the eighth circuit, was born at Eagle, Onondaga county, New York, October 12, 1822; was educated in the public schools and an advanced academy at Bald- ensville, New York; studied law in the office of Angel & Grover in Allegany county; admitted to the bar in 1840; was district attorney and surrogate of that county, in which he began the practice of the law at Angelica; was delegate to one or more national democratic
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conventions while a resident of his native state; came to Wisconsin in 1856 and located at Hudson, where he resided all his subsequent life. In 1860 he was elected judge of the eighth circuit and served the full term. In 1867 he received 8,236 votes for the office of associate jus- tice of the supreme court against 46,895 for Orsamus Cole. It is un- derstood that Mr. Wetherby supported Judge Cole at that election. At a later period he served as district attorney of St. Croix county. He was also at one time the democratic candidate for attorney general. Judge Wetherby died December 11, 1889.
H. A. Taylor, who knew the subject of this sketch well, has written of him thus: "Judge Wetherby, as we always called him, and there are few who knew him by any other name. was not more highly respected nor fondly loved than many others who have gone before him. He lived a long life and in many respects a useful one. He made friends and deserved them. He filled important positions and filled them well. He occupied a valued place in the thoughts and hearts of those who knew him. He was a figure in the community where he lived. Men rejoiced in his presence. He was one to be consulted. His good sense was proverbial. There was rare wisdom and accuracy in his judgment. He was a level-headed man. He was kindly, charitable, considerate. He loved his friends, and was indifferent, rather than ag- gressive, toward his enemies. He was a staunch, responsible and re- spected citizen. He had faults, and who has not? Weaknesses he had, but who among us is always strong? There was no cant or hypocrisy or pretense about him. He was; in fact, just what he seemed to be. He walked in the light and if he stumbled he did not atteinpt to conceal it. His was a frank, sturdy, honest character. You always knew where to find him. His integrity was above suspicion. In busi- ness he was sagacious, but always reliable, and in social life he was a most entertaining companion.
"Judge Wetherby was a lawyer by both instinct and education. He was a conspicuous figure at the bar and on the bench. He was thor- oughly informed in the fundamental principles of law, and well versed in the statutes. His comprehension of legal propositions, the accuracy of his discrimination and his ability to apply principles to stated cases
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were remarkable. He gave dignity to his profession by his ability, knowledge and fairness. He despised the tricks of the pettifogger and plead for law and justice.
"He was an honest lawyer; judges, juries and clients believed in his honesty and respected his opinions. He knew law by intuition, and if he didn't know what it was he knew what it ought to be, and he prac- ticed it skillfully and honorably.
"For many years Judge Wetherby has been prominent in the politics of the state. He was a democrat through and through. Democracy was almost a religion to him. He believed in it with all his heart. Strongly partisan, anxious for party victories, he was honorable in his methods and quietly accepted results.
"In the social and business life of the community, in his profession and in political circles the death of Judge Wetherby will long be felt and mourned."
HERMAN L. HUMPHREY.
Herman L. Humphrey was born at Candor, Tioga county, New York, March 14, 1830; his education, except for one year in the Cort- land academy, was limited to that afforded by the public schools; at the age of sixteen he engaged as a merchant's clerk at Ithaca, New York, and so continued for several years; later he read law in that city and was admitted to the bar in July, 1854. In January, 1855, he lo- cated at Hudson, Wisconsin, and began the practice of the law. Soon afterward he was appointed district attorney to fill a vacancy; in 1860 he became county judge by appointment and in 1861 was elected to that office for a full term, but resigned it in February, 1862, having been elected state senator the preceding November; his service in the senate continued during the important sessions of 1862 and 1863, and was active and efficient. In 1865 he was mayor of Hudson and in April, 1866, was elected judge of the eighth circuit, and re-elected in 1872. That office was resigned in March, 1877, when Judge Humphrey's term as a member of Congress began, he having been elected as the repub- lican candidate in November, 1876; he was twice re-elected, having served from 1877 to 1883. On completing his congressional service
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Judge Humphrey resumed the practice of law at Hudson. In 1887 he served as a member of the assembly.
It may well be said that Judge Humphrey as lawyer, legislator, judge and citizen has performed well his part; that he has merited the confi- dence reposed in him by the bar and people, and is fully entitled by reason of his attainments, character and public service to the large measure of respect and veneration the people feel for him.
EGBERT B. BUNDY.
Judge Bundy was born at Windsor, New York, February 8, 1833. He received his general education at the academy there and his legal education in law offices at Windsor and Depoint, in his native state. He became a member of the bar at Cortland, New York, in January, 1856. On coming to Wisconsin he began the practice of his profession at Dunnville, then the county seat of Dunn county, thereafter remov- ing to Menomonie, where he now resides, practicing his profession in partnership with his son, R. E. Bundy. He has served as county judge, and April, 1877, was elected judge of the eighth circuit, then composed of the counties of Eau Claire, Dunn, Pepin, Pierce and St. Croix, over Horace E. Houghton, to fill out the unexpired term of Judge Humph- rey, who had resigned to go to Congress. In April, 1878, he was re- elected, and over Henry Cousins. At the expiration of this term he - was again re-elected, and over W. F. Bailey. At the expiration of this term he was still again re-elected, and over R. H. Start. At the ex- piration of this term he was, however, defeated by E. W. Helms, the republican nominee. The circuit was overwhelmingly republican; at this time party feeling was running high, Mr. Helms was unexception- able as a candidate, which, added to the fact that Judge Bundy's friends were oversanguine because of his former many successful campaigns, accounts for his defeat, which was by a majority almost nominal.
As a lawyer Judge Bundy is highly valued. Making no claims to oratorical gifts, he is nevertheless forcible, impressive, strong as an ad- vocate. Never "ingenious" in discussing legal propositions to the court, he goes straight to the core of the question, and never burdens
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or blurs a brief with cases not in point. In the counsel room he is emi- nently frank, practical, able, safe.
It has been, however, on the bench that Judge Bundy has done the major part of his life work. Here he "served his day and generation" for substantially twenty years. In some minor particulars the judge fell below the ideal. He sometimes lacked in patience; woukl some- times arrive somewhat prematurely at a conclusion; would sometimes permit a prejudice against a case, though never against a person, so far as it affected proceedings in court ; was not a first-class listener. In the essential qualities of a judge, however, he rose to the ideal. His prac- tical, hard common sense was the first thing that impressed a stranger that sat in his court. He was fearless. And not only was he abso- lutely just, but seemed above temptation to be otherwise. A prom- inent member of his circuit was once comparing Judge Bundy with a certain other judge, also noted for probity, and made this remark: "Judge - is honest, Judge Bundy is d-d honest. Power could not intimidate, wealth could not tempt him. The weak and humble were his wards."
In politics Judge Bundy is a democrat. Being somewhat extreme in partisan feeling and outspoken in character, this was taken advantage of by his opponents, and, in a measure, handicapped him in his many campaigns for election, as his circuit was overwhelmingly republican. His repeated elections by very large majorities, in face of this fact, ail the more emphasize his popularity based upon personal worth.
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