USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 33
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cestry also had its root in the Old Bay state. When James was nine years of age the Flower family migrated from New York to Wisconsin, settling at Sun Prairie. The mother died in 1881, and the father in 1895, at the age of eighty-five years.
As Sun Prairie is but a few miles northeast of Madison it was quite natural, when the university was established at the capital, that the bright boy who then lacked but a month of his fourteenth year should be enrolled as one of its pupils. At that time it had no law department nor any other except a preparatory school, and its curriculum lacked much of its present breadth in every respect. The seven years there spent were most fruitful in results to the industrious student. Previous to his graduation, in the fall of 1856, he had taught for two winters and soon afterwards commenced to study law.
In the fall of 1857 Mr. Flower was appointed deputy clerk of the supreme court and during the succeeding year clerk of the commission- ers upon the revision of the state statutes. Subsequently he went to Hartford, Connecticut, as assistant to Hon. Fred S. Lovell in supervis- ing their publication, and, having satisfactorily accomplished that task, went to Albany, New York, to complete his legal studies at the law school. From this institution he was graduated in May, 1859, receiv- ing the degree of LL. B., and on the 10th of March, 1860, he became the junior member of the law firm of Abbott, Gregory, Pinney & Flower, at Madison, and continued in practice with that firm and others until January 1, 1873, establishing a broad reputation, both as a lawyer and a public-spirited citizen. For a period of two years during the civil war he served as police justice; after its close he was for some time deputy collector of internal revenue, and other marks of public esteem and confidence were placed to his credit previous to his departure for Chicago, at the close of the year 1872.
Mr. Flower commenced his legal career in Chicago on the Ist of January, 1873, and for the past quarter of a century has been adding to his reputation, already obtained in Madison, as a highly educated; high- minded man and an accurate, able and conscientious lawyer. Of late years his specialty has been commercial law. He has been receiver for
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the German National bank and other financial institutions, and in these special fields he has few, if any, superiors.
In September, 1862, Mr. Flower was married to Lucy L. Coues, of Washington, D. C. They have a family of three children. Mrs. Flower is a woman of remarkable strength and depth of character, prominent in many works of charity and reform which affect city, state and nation; in fact, she is one of the ablest women in the country, generous and charitable, yet strong and just. Both Mr. and Mrs. Flower are firm republicans.
CHARLES R. GILL.
The birthplace of Mr. Gill was Winfield, Herkimer county, New York; the time, August 17, 1830; from there he removed to Genesee county, in the same state, with his father's family, in 1843. His boy- hood years were spent upon a farm and in attending or teaching the common schools in the vicinity of his residence. On attaining his ma- jority he entered upon the study of the law at Batavia, in his native state, and pursued that study for three years. He was admitted to practice in 1854, and in the fall of that year located at Watertown, Wis- consin. His experiences were such as are common to young lawyers, and his patience was greatly tried before any measure of success came to him. He did not abandon the field, but won an enviable place in the esteem of the people and the respect of his professional brethren and the courts.
During the early period of his residence in Watertown he served three consecutive terms as superintendent of schools and a brief time as police justice. In 1859 he was elected state senator, having become an independent candidate. He was then but thirty years of age and had been in the state only six years. The memorial of the Dane county bar association (prepared by R. M. Bashford in behalf of a committee consisting of himself, I. C. Sloan and Alden S. Sanborn) says of Mr. Gill's career in the senate and his record as a soldier, that "though the youngest member in that body, he took an active part in all its delibera- tions and at once attained a high rank as a debater. During the last year of his term the war broke out, and General Gill advocated at the
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outset the most aggressive measures for the suppression of the rebellion.
Military preparations were then a necessity, and General Gill was placed at the head of a committee raised for that purpose, and was the recognized leader of the war party in the legislature. His record in the senate showed him to be a man of broad views, of deep penetra- tion, of great sagacity, and with a thorough knowledge of men and af- fairs, and one who, with larger opportunities, would have developed all the higher qualities of statesmanship. His senatorial career had more than met the highest expectations of his friends, and the distinctions and rewards of public service in civil life seemed to await him, but he turned aside from this sure and easy road to political preferment for the dan- gers and hardships of the camp, and, before his term of office had ex- pired, enlisted as a private soldier in the Union army. He was after- wards elected captain of his company, and upon the organization of the twenty-ninth regiment, Wisconsin volunteer infantry, was chosen its colonel.
"He served through the long and arduous campaign against Vicks- burg under General Grant, and took a prominent part in the battles of Port Gibson and Champion Hills, and other engagements, in all of which he distinguished himself by his courage and gallantry. He, with his brave boys, saved the day at Champion Hills, when disaster to the Union forces seemed inevitable. He was highly complimented by his superiors for the personal bravery, patriotism and sagacity he displayed on that day and for the heroic part he so nobly acted in that engage- ment. At that hour his star appeared in the ascendant, and he was then considered one of the most gallant, patriotic and brilliant officers in command of a regiment in the western army. Rapid promotion and military distinction, or an honored grave on the field of battle, seemed in wait for him; but such was not to be his destiny. As he was about to realize this, the highest ambition of a patriot, he was stricken down with an incurable disease and compelled to return to his home a hopeless invalid, to drag out, in pain and suffering and disappointment, the remaining years of a life that had dawned with such great promise."
Mr. Gill resigned his position in the army June 27, 1863; his health improved on his return home so as to permit him to resume the prac-
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tice of the law and to take part in public affairs. He served as attorney general from January, 1866, to January, 1870; "he served with distinc- tion as government counsel in the matter of the Wisconsin river im- provement and discharged the arduous duties of commissioner of pen- sions for several months with a fidelity that was highly commended by his superiors; but during all these years he never passed a day when he was free from the exhaustion, fatigue and suffering of a dread disease. During all this period, however, from the time he left the army till 1877, he participated actively in politics and was widely known as a popular stump speaker. Wit, logic and eloquence were all at his com- mand, and he possessed the happy faculty of understanding his audi- ence and of suiting himself to the occasion."
Mr. Gill became a member of the Dane county bar after he ceased to hold office, and practiced in Madison, having his residence beyond the city limits. Death came to his relief March 28, 1883, in the fifty- third year of his age. The memorial from which quotation has been made was presented to the supreme court by J. C. Gregory, Esq., May 31, 1883. In answer thereto and to Mr. Gregory's address, the court said, by Mr. Justice Orton:
"The court must fully endorse the sentiments therein expressed and lament, with his family and friends and with the members of this bar, the departure by death of a most affectionate husband and father, a dis- tinguished citizen, and one of the most eminent members of the legal profession. I have been intimately acquainted with General Gill from the time of his coming into this state until his death. During his most active practice at the bar I had the honor to preside as judge of the ninth judicial circuit, and was in a situation to know the peculiar char- acteristics and the merits and demerits of the bar of that circuit, per- sonally and professionally. At that time the bar of Watertown and Jefferson county, in that circuit, consisted of lawyers of eminent ability, and an honorable competition and laudable ambition to excel were in- centives to the very best effort of each. It was a fair and honorable contest, and it is proper for nie to say, without being chargeable with invidious comparison, that General Gill was not inferior in any respect to any of them.
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"I remember well his severance from his party at a time when the excitement and intense political feeling made such a change, and in one so prominent, of very great importance, and I know that he was actu- ated by patriotic principles and the most disinterested motives. His inborn hatred to the institution of slavery and his opposition to its ex- tension into the territories caused him to leave his friend and leader whom he honored, Senator Douglas, in the very midst of his Wiscon- sin campaign. I speak of this because, at the time, it was made the subject of general comment and considerable criticism and was regarded as an important step in his life.
"As a lawyer, as well as a man, General Gill was the very soul of honor, and he was never required to reduce to writing any of his stipu- lations, and he was ever ready to grant professional favor and accom- modation to his brethren. His natural abilities were very great, and his quickness of apprehension made him acquire knowledge as by intui- tion. His education was solid and practical, and his knowledge of the law profound. Before the courts his arguments upon the law were logical, methodical and finished, and before juries and popular audi- ences he was eloquent. He was candid and honest with himself, as well as with others, and was never self-deceiving. He may have appeared to some to have formed his opinions hastily and without sufficient de- liberation, but it was not so, and such appearance arose from his great ability to scan the whole ground at a glance and form an opinion with- out the reluctance of prejudice or the hesitation of timidity. He was bold, brave and fearless, mentally as well as physically. He would march in the straight way where reason led him to any conclusion, no matter what, and he had the true physical courage not to fear any bodily hurt. He had great peculiarities of mind and manners, which distin- guished him from all other men. His idiosyncrasies, coupled with such remarkable intellectual powers, stood him aside, and, in many respects, above most men. In philosophy, literature and art these strong pe- culiarities would have made him a genius. He was a study, and to un- derstand and duly appreciate him he must have been well known and closely observed. Those who have seen him only occasionally or ob- served him but little may have supposed that his most prominent traits
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of character were humorous, dashing, thoughtless and, perhaps, super- ficial. But he was really thoughtful, philosophical and judicial, and his reading, observation and reflection gave him such a comprehensive grasp of human affairs and such a solemn and earnest inquiry as to divine things and the future life that it produced in him, very often, sadness, melancholy and gloom. He was so truthful and direct in thought, action and belief that he despised the very semblance of insin- cerity, false appearances and mere pretensions. He was, therefore, a merciless critic, and almost cynical in his analysis of sham character and the claims of the overwise and pretentious. This tendency to criticism was sometimes construed as malevolence, when he was prompted by really the kindest motives and moved by the most honest impulses. He was an honest hater and a faithful friend, and he never deserted a friend or an enemy. He was sometimes thought to be jealous of the successes of others, by his readiness to point out their deficiencies for the place they assumed to fill, but this supposition, not often indulged in, was rebutted by his ready declination of personal or political honors tendered to himself. He may have sometimes formed his opinions quickly, but always did so honestly, and he never feared to express them by any considerations personal to himself. He was eminently practical, and subjected everything to the test of trial and experiment before ac- cepting its verity, and he was seldom governed by policy or expediency.
"In religion he may have never settled down upon any system or articles of faith, but he was not a skeptic so much as an honest inquirer after truth. He was naturally of strong religious feeling and rever- enced God as his creator and lawgiver, and approved of an unostenta- tious and spiritual worship, unaided by any of the ridiculous impersona- tions of Deity, in order to bring them into familiar intercourse with man, which he was wont to hold up to ridicule as arrogant, irreverent and presumptuous.
"His reason on all subjects was logical and his judgment clear, and he was honest in his convictions, both as to principles and men. His wit was keen and incisive and often startled us with its sudden flashes out of the very clouds of melancholy. He was generous, placable and kind, and never designed to injure to gratify his malevolence.
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"He was patriotic, and thought and talked much of his country and its destiny, and in the great war of the rebellion he modestly and disin- terestedly enlisted in the ranks, and for his ability and merit he was called to command a regiment. He was faithful to all the public trusts committed to him as an officer, civil or military, and his integrity was above question in all transactions public or private. His abilities were commensurate with the very highest duties he was ever called upon to perform."
J. C. GREGORY.
Jared Comstock Gregory was born at Gregory Hill, in the town of Butternuts, Otsego county, New York, January 13th, 1823. His par- ents were Ebenezer and Millie Maxwell Gregory. His father was a farmer, and the son had the usual experience which came to a farmer's boy at that time and in that region. He attended for a time Gilberts- ville academy, and afterwards pursued his studies under a tutor at Cooperstown, thus acquiring a good education in common branches of instruction and some familiarity with the ancient classics. After a brief experience in teaching school he entered upon the study of the law in the office of Judge Charles C. Noble, of Unadilla, having as a fellow- student General E. S. Bragg, of Fond du Lac. He was admitted to the bar of New York in Cortland county, and soon began practice in Una- dilla: He was married March 5th, 1848, at Unadilla, New York, to Miss Charlotte C. Camp, of Owego, New York.
In 1856 he was nominated and ran for Congress on the democratic ticket, but was defeated, the district being largely republican. His re- lations with the democratic leaders of that part of the state were inti- mate and cordial, and he was a close friend of Colonel Thomas North. of Unadilla, and Daniel S. Dickinson.
In 1858 he went to Madison, there forming a partnership with Hon. S. U. Pinney, afterwards an associate justice of the supreme court of this state. This partnership continued for twenty-one years, Chauncey Abbott, Esq., and James M. Flower, Esq., afterwards of Chicago, being at one time members of the firm. In 1879 Mr. Gregory took Charles N. Gregory, Esq., his second son, into partnership, which continued up Vol. II .- 23
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to the time of his death. Colonel George W. Bird of Madison was for a short time a member of the firm. Mr. Gregory was elected mayor of Madison in 1873 by a very large majority, was a delegate to the na- tional democratic convention in 1880 and one of the vice presidents of that body, was for twelve years a regent of the state university, and a member of the executive committee of the board, retiring voluntarily in 1881. In the same year, at the earnest solicitation of his party, he accepted the nomination for Congress in the third district, and, though he was defeated, reduced a normal republican majority of three or four thousand down to one thousand. During the war of the rebellion he was a Union democrat, and in 1863 participated in the Union conven- tion in this state which nominated Hon. James T. Lewis for governor and drafted the platform upon which the campaign was conducted and Governor Lewis elected.
He was appointed postmaster of Madison by President Cleveland in 1886 and served in that capacity four years.
Mr. Gregory was an Episcopalian and a regular attendant at Grace church, of which he was for many years a vestryman. He died at his home in Madison, where he had lived for thirty-four years, on the morn- ing of February 7th, 1892, from surgical shock following an operation performed on the 4th of that month.
In the community where he had lived so long he had many friends and.few, if any, enemies. He was essentially a popular man in the literal sense of the word .. He was a man of the people and his sympathies and feelings were with them. Of frank and ingenuous nature, he greeted all men with an unaffected cordiality which invited confidence and in- spired friendship. He took and manifested a genuine interest in the affairs of his friends and acquaintances and was ever ready to aid and promote them. Born and raised on a farm, he was fond of horses and knew and justly valued their good points and always retained a keen appreciation of the beauties of nature. No one was more fully im- pressed with the great natural beauty of Madison, a theme upon which he often discoursed with enthusiasm and eloquence.
He was fond of the society of his fellows, had a wide acquaintance throughout the state and the west generally, meeting many men in dif-
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ferent localities and seldom forgetting any whom he met or permitting them to forget him. His office was always a familiar rendezvous for the leading members of the local bar and those in Madison from about the state. There they met in moments of leisure and discussed law, re- ligion, politics, literature and other themes in which the bright minds of the profession find intellectual recreation.
He was thrifty and prudent, though never niggardly, restricting himself somewhat in personal expenditure, but generous to those who were either dependent on him or who had any plausible claim upon his benevolence. As to his own obligations, his word was as good as his bond, and both were beyond question. He had a high appreciation of the best in literature, particularly of the Bible, with much of which he was quite familiar, and the English classics, and was fond of music and poetry. His quotation of lofty and expressive verse was frequent and apposite.
As a lawyer, most of his work was in consultation and negotiation rather than forensic. The qualities already referred to equipped him admirably for this field of professional labor. He had a still more valuable faculty, however-that fine sense of justice which enabled him to see the very right of a controversy to which his client was a party. His mental vision was not clouded nor his moral sense obscured by his retainer. Clients who asked only that to which they were justly entitled could find no more faithful counsel; he did not desire the retainer of those who demanded more.
He had a fine and just appreciation of the great principles of the law. He was not one of the so-called "learned lawyers" of the present, the product of digests, cyclopedias and other short cuts to legal pro- ficiency, who can at a moment's notice so inundate a court with author- ities upon any proposition as to confuse the plainest question. These value their briefs by their length and the number of citations they con- tain, most of which necessarily have nothing to do with the question under discussion and answer no purpose except occasionally to impress a feeble and poorly equipped judge or an anxious client with a great show of learning.
In forensic discussion Mr. Gregory cited and intelligently com-
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mented upon leading cases as they explained and enforced the prin- ciples of the law for which he contended; he never insisted that white was black upon the authority of the most recent decisions.
Comparatively late in life he developed a great faculty for the con- duct of jury trials, and for years seldom failed to get a verdict in any case where such a result was to be deemed a reasonable possibility. His fairness, candor and enthusiasm, coupled with an attractive pres- ence, a fine command of language and great earnestness, all combined to make him a formidable adversary before a jury.
He was for many years employed as local counsel for the Chicago, Milwaukee & St. Paul railway at Madison, and as special counsel in special matters by the Chicago & Northwestern. With General George B. Smith, he largely promoted the building of the extension of the latter road from Madison to Baraboo and secured the right of way. His practice was general, embracing criminal cases as well as other jury cases, cases in equity, cases before the courts of review and occasion- ally a patent case. He was also for some years connected with the great legislative controversy over proposed improvements in the dells of the Chippewa river, a matter exciting great local interest and involv- ing many difficult and important questions of law.
His widow and two sons (Stephen Strong, a lawyer of Chicago; Charles Noble, associate dean of the college of law of the state univer- sity) and a daughter (Cora Whittlesey) survived him. His death came home as a personal bereavement to a wide circle of acquaintances whose confidence and regard had been won by his kindly nature, his many virtues and his cordial and friendly bearing. Many messages of condo- lence and appreciative memory of him were received by the members of his family from Chief Justice Fuller, of the United States supreme court; Governor Rusk, then secretary of agriculture; United States Senator William F. Vilas, ex-Governor Hoard, General E. S. Bragg and many other friends equally valued if in less public station.
They thus paid a just tribute to the memory of an upright, warm- hearted and generous man, who, as they all felt, would have sincerely mourned for them had they been taken and he spared.
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JEFFERSON C. HARPER.
Jefferson Crawford Harper is a native of Wisconsin, having been born at Hazel Green, Grant county, in 1859. His father, Moses Allen Harper, was a farmer of strong character and logical mind. He had been admitted to the bar of Pennsylvania, but never practiced his pro- fession. Hester Lewis, his mother, was a Virginian by birth, and came from a legal family, her father and three brothers having been lawyers. The Harper family migrated from the Keystone state to Wisconsin in 1849, settled upon a farm in Grant county, remained there until 1885 and then removed to Madison:
J. C. Harper graduated from the Hazel Green high school, was a teacher for several years, and thereafter for some time was engaged in grain buying and selling in Minnesota and Dakota. He came to Madi- son in 1888, studied law in the offices of La Follette, Harper. Roe & Zimmerman, and entered the law department of the university of Wis- consin, from which he graduted in 1891. After being admitted to the bar he remained with this law firm until 1894. when he formed a part- nership with his brother, Samuel A. Harper, under the firm name of Harper & Harper. In 1898 the brother, Samuel A., died, and since his death Mr. Harper has continued his practice without forming any other partnership. Since 1895, in addition to attending to a large general practice, he has been a court commissioner, and as such has had numerous important matters brought before him. Mr. Harper has gained distinction in his profession more especially as a safe and wise counsellor rather than as an advocate, by discouraging litigation, and avoiding the trials and expenses of lawsuits in the interests of his clients. He has made hosts of professional friends, and established a large and profitable business. His practice is general, and is conducted in connection with various large individual enterprises confided to his care: as the attorneyship for the Hausmann Brewing company. In ways not connected with his profession, Mr. Harper has also borne a leading part. He is, for instance, identified with the Secret Order of Elks, is president and manager of the Dane County Telephone company, and as a republican has been quite active in politics. He is a tireless worker,
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