USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 29
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He has always been known as a man of simple, democratic and do- mestic tastes and habits, direct and candid in his dealings with his fel- lows, sincere in his principles and intense in his convictions.
EUGENE W. HELMS. :
Mr. Helms, the present judge of the eighth circuit, was born April 2, 1859, at Salem, Kenosha county, Wisconsin. Until he attained the age of eighteen he lived on a farm and took part in the duties con- nected with farm life, dividing his time between them and attendance on the common schools. After one year at the Oshkosh normal school Mr. Helms taught at intervals. Subsequently he attended the
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state university for two years as a student in the literary department, and entered the college of law, from which he was graduated in 1884.
The next four years he practiced his profession at Madison. In 1888 he removed to Hudson and formed a partnership with H. C. Baker, which continued until after his election to the circuit judgeship. He served two terms as district attorney of St. Croix county. In the spring of 1896 he was elected judge of the eighth circuit, and in Jan- uary, 1897, entered upon the discharge of his duties.
Though he became judge at a comparatively early age, Mr. Helms had much of the training and experience which constitute the best preparation for the discharge of judicial duties. His character and temper of mind are such as are desirable in a judge. His experience at the bar is much less limited in extent than the length of time he has practiced indicates. The success which he has achieved on the bench justifies the expectation of the bar of the eighth circuit that longer ex- perience in that position will develop the model judge.
THE BAR.
HENRY CHAPMAN BAKER.
As has been truthfully said by a prominent citizen and an intimate friend of Mr. Baker: "Henry C. Baker has stood in the front rank of lawyers in northern Wisconsin for many years. He has allowed noth- ing to divert him from his profession."
The latter sentence is the secret of Mr. Baker's substantial success- he has allowed neither politics, nor the narrowing struggle for gain, nor temporary notoriety to divert him from the breadth of view and the high ambition which possessed him when he entered the field many years ago, which he has so honored and which has so signally hon- ored him.
Member of an old New England family, numbered among which was Captain Remember Baker, a Vermont hero and one of the first victims of the revolution, our subject was born in Stafford, Genesee county, New York, November 16, 1831. His parents, Luther A. and Mercy (Stannard) Baker, were in humble circumstances, his father being
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a farmer. As a faithful, industrious farmer's son he, therefore, spent his younger days, adding to his capacity for hard physical work a studious disposition, a retentive memory and an ambition to become an educated and influential character in the world. At the age of eighteen he entered the Genesee and Wyoming seminary, in his native county, and after studying there for one year commenced a regular course of instruction at the New York normal college, Albany. In 1854 he ob- tained his graduating diploma from the latter institution and had pre- viously created such a favorable impression in the seminary at home that its faculty at once offered him the professorship of mathematics and natural sciences.
While thus engaged Mr. Baker commenced the study of law, and in 1857 entered the office of Moses Taggart, at Batavia, his preceptor having formerly served as judge of the New York court of appeals. The young man next returned to Albany with the intention of entering the law school of that city, but decided that he could better acquire the practical training that would be of future benefit to him by studying in a law office. He, therefore, became a clerk with Willet & Hawley, Albany, and in 1858 was admitted to the bar of that state. Although he immediately commenced practice at Batavia, in the spring of 1859, his attention was so forcibly drawn to the regions of northern Wiscon- sin, with their fast developing mines, farms, railroads, lumber industries, etc., that he removed to Hudson, then the center of activities in the proposed construction of the St. Croix & Lake Superior railroad.
Soon after settling at this point Mr. Baker became the attorney of the company, which held a most valuable grant of land from the state to aid in the construction of the line. But the civil war effectually barred all progress in the undertaking, and it was not until 1868 that interest was so far revived in it, through the ceaseless and effective ex- ertions of Mr. Baker and others, as to warrant capitalists in again taking up the enterprise. When it was discovered, however, that under the terms of the grant the company would forfeit the unearned portions of the land if the line was not completed by May 5, 1869, the case seemed indeed hopeless. But the attorney of the company was not the man to flinch or be despondent. He took the position that the condition
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upon which the lands were to revert to the United States was what is known in the law as a condition subsequent, and that nothing short of a judicial determination of the forfeiture by a court of competent juris- diction or an act of Congress declaring it, would divest the state of its title or relieve it of its responsibility as the trustee of the general gov- ernment. The prevailing opinion was, however, adverse to Mr. Baker's views, and, although the valuable pine lands contained in the grant were being denuded of timber the state declined to protect them. The general government could not, as the lands had not yet reverted. In this dilemma Mr. Baker appealed to the legislature in the winter of 1868-69 and pushed through the law by which General Samuel Harri- man was appointed an agent to protect the lands, pending a decision by
Congress or the courts. As the cutting of timber continued, however, when the logs were floated down the rivers in the spring the state agent seized several million feet which were cut upon the grant after May 5, 1869, the expiration of the period originally fixed for the construction of the road. These logs were replevined by the lumbermen, and the cases were transferred to the United States court, the suit of Schulen- berg vs. Harriman -being selected as a test. In September, 1870, Mr. Baker had formed' a partnership with J. C. Spooner and enjoyed the benefit of the latter's valuable assistance. In the test case mentioned (Schulenberg vs. Harriman) the United States circuit court decided that the state was the owner of the lands, charged with the execution of its duty as trustee of the general government-and this, although Mr. Baker's contention was opposed by some of the ablest lawyers in the northwest. This judgment was affirmed by the United States supreme court, the grant was saved to the state and the new corporation, the North Wisconsin Railway company, built the road from Hudson to Bayfield, and one of the most decisive triumphs recorded in the history of the Wisconsin bar was entered to the credit of Henry C. Baker. It was not only a personal triumph, but was the first difficult step in the development of a railroad system which has brought incalculable bene- fits to the communities of northern Wisconsin.
Mr. Baker afterward became the general solicitor of the North Wis- consin Railway company and Mr. Spooner of the West Wisconsin rail- Vol. II .- 20
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way company. Subsequently these and other roads were consolidated into the system known as the Chicago, St. Paul, Minneapolis & Omaha railroad, the latter becoming its general solicitor. The acceptance of this position made it necessary that Mr. Spooner should devote his en- tire time to the affairs of that corporation. On September 1, 1880, he, therefore, withdrew from the firm, which had continued for an entire decade, Mr. Baker retaining its general practice. From 1883 to 1888 the latter was Wisconsin attorney for the Minneapolis, St. Paul & Sault de Ste. Marie Railway company, during which period the line was being constructed across the state, but since 1888 he has devoted his time and ยท ability to private practice. He is now the senior partner of the firm Baker & Haven, and it is safe to say that no member of the profession in Wisconsin is a more reliable authority on real estate law and tax titles.
In politics a republican, Mr. Baker might have been a leader of the party, but has strenuously refused to be advanced in this line. The only exception which he has made to a life rule was during the early days of St. Croix county, when he was induced for several years to serve as district attorney. He is an active member of the Presbyterian church, an earnest, honest man and a credit to the northwest, whether considered as citizen or lawyer.
On September 11, 1860, he was married to Miss Ellen M. Brewster, of Le Roy, New York. His wife is a highly educated and refined lady, being a graduate of Ingham university and the granddaughter of Judge Henry Brewster, a prominent citizen of Le Roy. They have one child, L. A. Baker, cashier of the Manufacturers' bank at New Richmond, Wis., who was married in 1887 to Minnie A. Glover, daughter of John E. Glover, of Hudson.
JOHN W. BASHFORD.
John W. Bashford was born October Ist, 1847, at Fayette, Lafayette county, Wisconsin. He is a son of Samuel M. and Mary (McKee) Bashford. The father, a native of New York city, for some time prac- ticed medicine in that city, but foreseeing greater possibilities in the western country, settled in Grant county, Wisconsin, in July, 1835.
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Here, while he gave up the medical profession, the necessities of his neighbors-there being no other physician for many miles around -- were always cheerfully ministered to by him and without charge. He took up farming as an occupation, but, having closely identified him- self with the Methodist Episcopal church, he also became a regularly ordained deacon and a local preacher. It was while holding religious services at Willow Springs, a place a few miles from his home, that, on June 16th, 1850, an attack of apoplexy terminated his life at the early age of thirty-six.
The mother was a Kentuckian, daughter of Robert McKee, and while quite a child had settled with her parents at Edwardsville, Illi- nois. It was there that, when eighteen, she was married to William Carroll Parkinson, and with her husband, who was but slightly older than herself, a move was made to the territory of Wisconsin, traveling overland by teams until a location was found in the spring of 1839 at Fayette, in what was then known as Parkinson's settlement. On the death of her first husband she was married June 27th, 1843, to Dr. Samuel M. Bashford, after whose death she married, in 1852, William P. Trousdale, who died in 1890. She is one of the pioneer settlers of the state and resided on the same tract of land where she made her first home until her death in 1896.
John W. Bashford received his earlier education in the Lafayette high school, where he was prepared for the university. He graduated from the latter in 1871 and received the degree of A. B., and for two years taught school; one year as principal at Shullsburg and the other at Mineral Point. Having settled on a legal career, he next studied law in the office of Vilas & Bryant at Madison and attended the law school at the university, whence he was graduated in 1874 and re- ceived the degree of LL. B. and also the degree of A. M., being ad- mitted to the bar in 1874 at Madison. On his appointment by Gov- ernor Taylor state agent for the Wisconsin land grant company he came to Hudson, and, forming a partnership with John E. Glover, opened an office. This firm was dissolved in 1876, and until 1882 Mr. Bashford practiced alone. In the latter year he associated himself with
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C. A. Disney, a connection which continued until 1894, from which time he has been alone.
The first important case with which he was connected was the de- fense in the January murder case. This was a hard proposition, for the accused was an Indian, but twice the jury disagreed before he was finally convicted. Afterwards, he prosecuted Rounds and Shay for murder and obtained a conviction in the second degree. He defended Revoir on a charge of murder, and after he was convicted in the lower court took the case to the supreme court, where the judgment was re- versed and an acquittal finally obtained. Mr. Bashford was for the de- fense in Hoyt vs. City of Hudson, a damage case of much importance, in which he was able to show that there was no cause of action. He was for the defense in the very important case of Childs vs. Nelson. As attorney for the Hudson building and loan association he prosecuted Childs and Dennison, winning his case in the lower court; the judgment was reversed by the supreme court; but on retrial, Mr. Bashford being once more successful, a final settlement was made. He has also been peculiarly successful in the defense of fishermen accused of fishing in streams stocked by the state, winning twenty-five cases in the lower courts and in the supreme court has one still pending.
Always a democrat in his political views, Mr. Bashford, as has been mentioned, received the appointment of state agent for the Wisconsin land grant company from Governor Taylor in 1874. For eleven years he was city attorney, a member of the board of regents of the state uni- versity for six years, for half that period being vice president, and at the present time is mayor of Hudson. His attorneyship for the building and loan association of Hudson has necessarily brought in a large amount of business, and his professional duties altogether have kept him occupied from eight in the morning until nine at night.
He married, September 21st, 1875, at Arlington, Columbia county, Alice M. Welsh, a lady who had previously been a school teacher, and who was assistant principal of Lodi school for several years. They have had two children, of whom one is living, Emma M., a young lady of fourteen, who was graduated from the high school with the class of '98.
There are few men in the state who can point to a career exemplify-
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ing more thoroughly the result of industrious application and never- failing hard work. Mr. Bashford commenced to practice his profes- sion without either money or influence, and everything he owns is due to his own laborious exertions. At the present time his health is poor, a fact he attributes largely to the heavy nature of his professional duties.
Mr. Bashford has great pride in the fine law library, the third largest in the state, which after many years he has been able to gather together by buying his books, one by one, as his means would permit. Each week he receives the legal reports from every state in the Union, being the only lawyer to do this, outside of Eau Claire and Superior, in his portion of the state. He is also very particular to obtain all the latest text books.
EDWARD W. BUNDY.
A native of Menomonie, one of nine children-five brothers and three sisters -- Edward W. Bundy was born March 17th, 1872. He is the son of Judge E. B. Bundy and Rubena Maully. The father was from New York state, from which he located at Dunnville, and later moved to Menomonie, where, for twenty years, he was judge of the cir- cuit court of the eighth circuit. The mother, whose parents, like those of her husband, came from New York state, was a daughter of one of the pioneer settlers of the Chippewa valley.
A liberal education having been obtained in the high school of his native town, whence he was graduated in 1889, he then took a year's course in engineering at the university of Wisconsin. For two years, from 1892 to 1894, he was assistant editor of the Menomonie Times. Moving to River Falls in 1894, he entered the office of F. M. White, but in January of the following year, having decided to take up law as a profession, he accepted a position in the office of A. Combacker at Ellsworth, as he would thereby be enabled to secure a legal education. He was admitted to the bar in December, 1896, but for a short time fol- lowing considered it advisable to continue in the employ of Mr. Com- backer. In December, 1897, however, having associated himself with Mr. John E. Foley, an office was opened by the firm and a good general practice is being done.
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In his religious views Mr. Bundy is an Episcopalian, and in his po- litical opinons a democrat.
ANDREW J. KINNEY.
Andrew J. Kinney was born May 17th, 1857, at Fitchburg, Dane county, Wisconsin. His parents were Edmond and Catherine (O'Con- nor) Kinney; the father, a native of Hudson, New York, was a farmer by occupation. He was born in 1835 and settled in Dane county, Wis- consin, in 1850. . Ten years later he moved to Hudson, where he fol- lowed the same occupation, and at the present time owns and works the largest farm 'in the vicinity of that town. . He served through the war as a private in the forty-fourth regiment Wisconsin infantry. The mother of the subject of this sketch was of Irish descent, her father, Patrick O'Connor, having settled in Canada about 1808.
Having received a sound education at a private school and the nor- inal school at River Falls, Wisconsin, graduating from the latter, he for a short time taught school. He began to study law at Hudson, first with John W. Bashford and later under Judge S. H. Clough. He was admitted to the bar December 5th, 1884, and immediately opened an office at New Richmond. Twelve months later he returned to Hudson and became associated with W. H. McDonald, whose interest, after the. expiration of a little more than a year, he purchased, and in the fall of 1890 formed a new partnership with Edwin Pierce, his brother-in-law, which continued for four years. Since that association terminated he has practiced his profession alone.
Mr. Kinney has been connected with a number of cases which have attained importance. In State vs. Charles Chatman, for murder, he was for the defense and an acquittal was procured. The case of State vs. Colbeth, for burglary, found his client convicted, but with great perse- verance he obtained a new trial and an acquittal. He was engaged in the well-known building and loan association cases and also in Jenson against the Omaha Railroad company, in the latter securing a verdict in the circuit court, and though this was afterwards reversed by the supreme court, it settled the law concerning railroad crossings.
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Robert Macauley
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Strongly democratic in his political views, from 1885 to 1886 he was city attorney of New Richmond, while in 1890 and 1891 he held a sim- ilar office at Hudson. He has also, for the past ten years, been a court commissioner.
Military work and the duties of a soldier have always held for him a powerful fascination. He took a prominent part, in 1885, in the or- ganization of the Hudson City guards, which two years later was mus- tered as company C, third infantry, Wisconsin national guard. In that body he has served continuously since its organization, first as private, then for six months as corporal, later quartermaster, holding the latter until 1895, when he became captain.
Mr. Kinney was married September 15th, 1886, to Susie E. Pierce, of Neillsville, Wisconsin, a granddaughter of Hannibal Kimball, who was a playmate of Vice President Hannibal Hamlin, the latter being named after him. They have an interesting family of three children, Emma, Edmond and Lucien.
He joined the Ancient Order of Hibernians in 1892, the Independ- ent Order of Foresters a year later, and is also a member of the Modern Woodmen, the Maccabees, the Catholic Knights, and the Sons of Vet- erans, ranking as captain in the last named order. In his religious views he is a Roman Catholic.
ROBERT MACAULEY.
Robert Macauley, county judge of Dunn county, is one of the sub- stantial citizens of northern Wisconsin. He is a native of Glasgow, Scotland, where he was born on the 18th of February, 1838, being the fifth of eight children. His father, a weaver by trade, came to America in 1842 and settled upon a farm in Hancock county, Illinois, where he died in 1847, at the comparatively early age of forty-seven. Margaret Cavanagh, the mother, is descended from stanch and patriotic ancestry, her father having been a captain in the British army during the Na- poleonic wars.
The son, Robert, passed his boyhood on the family homestead, working upon the farm and obtaining such education as he could, until 1852. At this time the family, with the exception of the two eldest,
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moved to Wisconsin and located on a farm twelve miles south of Me- nomonie. Here the youth was employed in tilling the soil until March, 1864, when he entered the office of Judge E. B. Bundy, Menomonie, in fulfillment of an ambition which had possessed him for some time to commence the study of the law. The civil war, however, had reached a climax and more men were needed for the final struggle, and so, after an experience of six months as a student (in September, 1864) he en- tered the service as a private in company G, sixteenth Wisconsin vol- unteer infantry, and served faithfully until the conclusion of hostilities. He first saw service with Sherman's army at Rome, Georgia, and par- ticipated in the famous march to the sea, in the siege of Savannah and the battles of Salkehatchie Swamp, South Carolina, and Bentonville, North Carolina. He was also with the army in its triumphal journey to Washington and at the grand review of the federal troops at the national capital, on May 22, 1865.
On the Ist of July Mr. Macauley returned to Menomonie and re- sumed his studies in Judge Bundy's office, being admitted to the bar before Judge Humphrey at Eau Claire, in January, 1867. He began practice in partnership with his former preceptor, and with the excep- tion of a period of some two years, continued thus until he was elevated to the bench.
Elected county judge of Dunn county in April, 1873, he honored that position for two terms of four years each. In the fall of 1882, upon the conclusion of his second term, he was elected a member of the assembly. He was district attorney from 1868 to 1872 and was re-, elected for another term in 1890. He served as city attorney for three terms, from 1882 to 1890, and in the spring of 1897 was elected to the position which he now occupies so acceptably.
While Judge Macauley was an active practitioner at the bar, espe- cially while in partnership with Judge Bundy, he was engaged in many cases of importance, among which were some important tax suits, notably those of William Wilson vs. Thomas S. Heller, 32 Wis., 457, and Knapp et al. vs. Heller, 32 Wis., 467.
Since the organization of the Grand Army of the Republic Judge Macauley has been continuously identified with the fraternity. For
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many years he has been a pillar of the Grace Episcopal church, of Menomonie, having served as its senior warden for a quarter of a cen- tury. He has retained his hold upon the outdoor healthful life with which he became so familiar during his boyhood days, by investing in land and personally engaging in agricultural pursuits. He has at pres- ent a fine farm of four hundred acres, twelve miles from Menomonie.
Judge Macauley was married on May 9, 1869, to Miss Cora Olson, of Menomonie. They have two children: John W. Macauley is an attorney and first lieutenant of company H, third Wisconsin volunteer infantry; Martha, the daughter, is now Mrs. S. P. North, of Onalaska, Minnesota.
FRANCIS J. McLEAN.
Francis J. McLean was born in Cambridge, Washington county, New York, September II, 1837. He received his education by the fireside at home, at the common school, and at the Owego (New York) academy. He was robust and strong in his boyhood and attained his growth early, and this fact, together with the circumstances of the family, which rendered his services on the farm imperative, interrupted greatly his educational opportunities. His own determination to ac- quire an education, however, and his perseverance in studying nights with the help of his parents-his father being an excellent mathema- tician-enabled him at an early age to enter the teachers' class at the academy, where he passed the required examination, which entitled him to free tuition.
He commenced teaching school at the early age of seventeen with a large winter school at Ball's Mills, near Williamsport, Pennsylvania, and ended by teaching the village school at his home, Nichols, New York, where he taught successfully for three years.
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