USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 35
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Mr. Leitsch's parents are Christian and Fredericka Leitsch, both
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natives of Germany, who emigrated to America at an early day and settled in Milwaukee. The father was a dealer in grain and other farm products, and in 1865 removed to Columbus with his family. As stated, two years later, was born their son, William C. Although studiously inclined, he was stirring and enterprising and was for some time un- decided between a business and a professional career. He finally de- termined to adopt the latter and prosecuted his studies at the university of Wisconsin and in the office of Burr WV. Jones, of Madison. Gradu- ating in the class of 1896, in July of that year he located in Columbus, his old home, where he opened an office alone. Thus he continued, his practice being general but running largely to the settlement of estates, in which specialty his business training makes his services almost in- valuable.
Being as he is at the very threshold of his career, it is an unusual compliment to his ability and broad influence that Mr. Leitsch should have been elected mayor of Columbus in the spring of 1898. In politics he is a gold democrat and served as an alternate to the Indianapolis convention. He is chancellor commander in the Knights of Pythias; is affiliated with the Masons and the Modern Woodmen, and is a mem- ber of the college fraternities, Sigma Chi, Theta Nu Upsilon and Phi Delta Phi.
Mr. Leitsch is a communicant of the Lutheran church and is un- married.
HENRY M. LEWIS.
Henry M. Lewis, until recently the senior member of the firm of Lewis, Briggs & Dudgeon, was born in Cornwall, Addison county, Vermont, on September 7, 1830. His mother, Sophia (Russell) Lewis, was a native of Connecticut and a descendant of a younger brother of Lord John Russell, who settled at Salem. Massachusetts, shortly after the landing of the Pilgrim Fathers. His father, Martin, was a quiet Vermont farmer, but like other modest gentlemen of that state only awaited the opportunity to prove his unflinching patriotism. He was one of the guards stationed at Vergennes, Vermont, during the building of Commodore MacDonough's fleet with which he defeated the British
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fleet at the battle of Plattsburg, and as a minute man he went unhesi- tatingly to the battle of Plattsburg, in 1814. Martin Lewis was born July 9, 1795, during Washington's second administration, and remem- bered the President's death well. He came to Wisconsin in May, 1846, dying at Sparta in 1892, aged ninety-seven years.
The subject of this sketch received his early education in the district schools of Vermont and on his father's farm, for a boy's experience upon a farm is certainly an education in industry, perseverance and discipline. In 1846 he came with the family to Wisconsin, continuing his educa- tion in the public schools, enjoying one term at the university of Wis- consin, alternating his school attendance with teaching. He after- wards studied law in the offices of Vilas & Remmington and Collins & Smith of the city of Madison, and in October, 1853, was admitted to the bar. In 1855 he was admitted to the supreme court of the state and in 1878 to the supreme court of the United States.
With the exception of one year spent in Hudson, Wisconsin, at the outset of his career, Mr. Lewis has always lived and labored in Dane county. While at Hudson he was the junior member of the firm of Semmes, McMillan & Lewis, but when he permanently located in Madison, in 1854, he formed a partnership with Mr. Leopold Lathrop. From 1856 to 1867 he was associated with Mr. B. J. Stevens, and during the succeeding nine years (1867-1876) with different partners, but most of the time with J. C. McKenney and C. K. Tenney. In 1890 he formed a copartnership with Mr. H. E. Briggs, and later Mr. M. S. Dudgeon was admitted to the firm, constituting the firm of Lewis, Briggs & Dudgeon, and which continued until the first day of August, 1898, when Mr. Lewis' acceptance of the position of referee in bankruptcy compelled him to retire from the practice of commercial law which con- stituted a large part of the firm's business.
During the forty-five years covering his practice in Wisconsin, Mr. Lewis has been retained in many important cases, brought in all the courts, local, state and national. He has the historic honor of having convicted the first man tried for violating the United States banking law. Twice he defended a woman named Mason for murder, upon change of venue from Polk to Dane county, and each time the jury
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disagreed. The eventual result was, of course, a dismissal of the prose- cution.
In 1872 he tried the case of Burrows, assignee, vs. Nudd et al. in the circuit court of the United States for the northern district of Illinois. It was an action brought by the plaintiff, as assignee in bankruptcy, to recover moneys-paid a creditor within four months prior to filing a petition in bankruptcy, the defendants having applied the money to an indebtedness due to them from the bankrupt and claiming to hold it by virtue of a broker's or factor's lien for advances made by them to the bankrupt, the plaintiff claiming such application to be an unlawful preference under the act. He succeeded in obtaining judgment in the circuit court, an appeal was taken to the United States supreme court, where the judgment of the lower court was affirmed. The case in- volved many questions not before decided by the bankruptcy courts and attracted much attention. The case is reported in volume 91, U. S. supreme court reports.
Mr. Lewis was retained in the case of the state of Wisconsin vs. Morrill, who was arrested for peddling without a state license. Mr. Lewis contended that the statutes of the state relating to hawkers and peddlers was unconstitutional as violating the provisions of the consti- tution of the United States relating to interstate commerce. His client was convicted in the circuit court, an appeal was taken to the supreme court of the state, which affirmed the judgment of the lower court; the case was then taken to the supreme court of the United States on writ of error, and the latter court reversed the judgment of the Wiscon- sin court, declaring the state law unconstitutional, fully sustaining the points raised by Mr. Lewis in the case.
Although, as stated, Mr. Lewis' practice has been general in its na- ture, it is among the intricacies of commercial law that he is perhaps at his best. His firm has been the local representative of the American Surety company and of many of the best collection agencies of the country.
Since the founding of the republican party, Mr. Lewis has been identified with that organization, which has signally honored him. In 1860 he was elected district attorney of Dane county, holding the
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office for two years. Commencing with 1862, he served as alderman for seven years, and in March, 1867, he was appointed internal revenue collector for the second (Madison) district of Wisconsin. He occupied this position until June, 1873. President Hayes appointed him United States attorney for the western district of Wisconsin. President Arthur re-appointed him and he continued to perform the duties of the office until he was deposed by President Cleveland, in 1886. From 1887 to 1896 he was a member of the board of education, serving for the last three years as president of that body. The above is a brief enumeration of the offices with which Mr. Lewis has been entrusted. It may be added that upon the death of James C. Hopkins, United States district judge, he was prominently mentioned and urged by his friends for the position. Mr. Lewis has been a director of the Madison free library since its organization in 1873, and first joined the Masonic order in 1866. He disclaims a military record, although previous to the civil war he was a member of the old Governor's Guard.
Married at Madison, on September 1, 1858, to Charlotte E. Clarke, his domestic life has been a succession of substantial pleasures not un- mixed with deep griefs. Three children were born to him before the death of his wife in August, 1884. Mrs. Lewis was especially interested in horticultural matters and was an instructive and graceful writer in her special field. Her ideas were also practical, and at the time of her death she was the secretary of the state horticultural society. She was also an artist of much natural ability. The eldest daughter, Lottie Breese Lewis, who was the wife of William H. Holmes, died July 9, 1883. Jessie Russell Lewis became the wife of Lloyd Skinner, an attorney of Wauwatosa, Wisconsin; she attended the university of Wisconsin until the end of her sophomore year and inherits her mother's artistic abili- ties and interest in horticultural subjects. Sophie M., the third daugh- ter, is the wife of H. E. Briggs, Mr. Lewis' late partner and, until re- cently, United States attorney for the western district of Wisconsin; she is a graduate of the university of Wisconsin (class of 1888), has fine literary tastes, and is a graceful and facile writer.
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WILLIAM AUGUSTUS PRINGLE MORRIS.
William A. P. Morris was born at Butternuts, now Morris, Otsego county, New York, on May 10, 1832, and was the youngest son of Gen- eral Jacob Morris, who died in 1844.
Mr. Morris was prepared for college chiefly at the Oxford academy, and was graduated at Hamilton college, Clinton, New York. in 1854. He also studied law while in college, enjoying the instruction of Prof. Theodore W. Dwight, afterward of the Columbia law school, who was then attached to the faculty of Hamilton college. Upon his graduation, Mr. Morris located at Madison, Wisconsin. He was married on Jan- uary 7, 1856, to Miss Harriett P. Grannis, of Fredonia, New York, and was admitted to the bar in the same year. In 1870 he became a member of the firm of Stevens, Flower & Morris, which afterward became Stev- ens & Morris and Sloan, Stevens & Morris. From 1889 to 1896 Mr. Morris was the head of the firm of Morris & Morris, and since 1896 has been the head of the firm of Morris & Riley.
JOHN MYERS OLIN.
John M. Olin, one of the most successful members of the Wisconsin bar, was born at Lexington, Ohio, on July 10, 1851. His father, Na- thaniel Green Olin, a native of Shaftsbury, Bennington county, Ver- mont, was a farmer: Phoebe (Roberts) Olin, his mother, was also born in the Green Mountain state, being a native of Manchester. Several years after their marriage they settled upon a farm near Lexington, Ohio, where, as stated above, was born the subject of this sketch.
Mr. Olin is not obliged to trace his ancestry back to remote periods in order to find family representatives of note. Two of his uncles, for example, brothers respectively of his father and mother, were prominent in the history of the eastern states. Daniel Roberts, author of Robert's Digest of Vermont Reports, was a Burlington, Vermont, lawyer of extensive practice and fine attainments. Abraham G. Olin was for three terms a member of Congress from the New York district in which Troy is situated, and at the close of his congressional career was appointed by President Lincoln judge of the supreme court of the
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District of Columbia, a position which he filled with honor during the remainder of his life.
In the spring prior to his reaching four years of age, Mr. Olin's father moved from Lexington to a farm near Belleville, Richland coun- ty, Ohio, and four years later his mother died. His early life did not materially differ from that of boys similarly situated, being divided be- tween schooling in the winter and farm work during the propitious months. Having finally passed through the district schools and the village school at Belleville, he completed his preparation for a higher education at the academy of Rev. Mr. Daley, in Lexington, and the preparatory department of Oberlin college. He finished the freshman year (ancient classical course) in the latter institution, after which, in the fall of 1869, he entered the sophomore class of Williams college, graduating therefrom in 1873. He had the honor of being appointed one of the orators who spoke upon philosophical themes at commence- ment and of being chosen by the faculty as a member of the Phi Beta Kappa society, the latter selection being made solely on the ground of scholarship.
After his graduation Mr. Olin commenced teaching at Belleville, but after two terms of such subordinate work he was appointed princi- pal of the Mansfield city schools. At the end of the year he commenced the realization of his ambition, however, by entering the law office of Moses Dickey, now a leading lawyer of Cleveland. . During that sum- mer, while conning his law books, he received a letter from Dr. John Bascom, his former professor at Williams college and then president of the university of Wisconsin, offering him the position of instructor of rhetoric and oratory in the latter institution. Under these favorable auspices, on August 28, 1874, he commenced work and remained at the university for four years. During the last three years of his stay he accomplished the work of a full professor, although he did not re- ceive the salary accruing to that position.
In June, 1878, Mr. Olin completed his career as an educator, and resumed his legal studies with such ardor that he was graduated from the law school of the state university during the same month of the succeeding year. On September 1, 1879, he opened a law office on
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Main street, where he is still practicing his profession. His first part- nership was with Lars J. Grinde, a Norwegian lawyer of good standing, which was continued until Mr. Grinde's death in 1881. From that time until 1890 he practiced alone, when he became associated with H. L. Butler, his present co-worker.
In December, 1885, Mr. Olin was selected as a professor of law in the state university, and continued to lecture in his special field until June, 1887, when, on account of his prohibition proclivities, his services were dispensed with. President Bascom was deposed at the same time for a like reason.
From 1884 to 1886 Mr. Olin took an active part in the prohibition movements and during the year last named was selected as a candidate for governor on that ticket. He championed the cause from a sense of duty and at what he considered a sacrifice, but at the conclusion of the gubernatorial campaign had the satisfaction of receiving the largest prohibition vote ever cast for a candidate of that party in Wisconsin. Since 1886 he has taken no active part in politics, having confined his attention to the practice of the law. It may be added that he does not believe in the methods of the present managers of the party, hold- ing that the organization is diffusing its strength by advocating too many extraneous issues.
In January, 1892, Mr. Olin again accepted the invitation of the presi- dent of the university of Wisconsin and the dean of the law school to de- liver a course of lectures during the coming winter term, and in June, 1893, was selected by the regents as professor of wills, to succeed Justice J. B. Cassoday, who had resigned that position. To the professorship of wills was added that of torts, which chair Mr. Olin still fills, meet- ing the law class of the university during one day of each week.
Facts speak for themselves, and the above constitute the record not only of a practical and successful lawyer, but of a deep student and a master of the principles of law. He is also an earnest and a conscientious man, who follows his convictions wherever they lead, even though they conflict with his material interests. As a good citizen he is also identi- fied with many works of public improvement, which do not concern him directly as a member of the profession. Especially has he taken
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a deep interest in the development of the park and driveway system of Madison, which eventually will be among the most attractive of the northwest. He is now president of the park commission.
Mr. Olin's wife was formerly Miss Helen M. Remington, daughter of a well known lawyer of Baraboo, Wisconsin. They were married on June 14, 1880 ..
MYRON H. ORTON.
Myron H. Orton, a brother of Harlow S. and John J. Orton, was born in Madison county, New York, in April, 1810; attended the com- mon schools and worked at various callings until he removed to Ohio; was graduated from Kenyon college; removed to La Porte, Indiana, where he practiced law; was a member of the Indiana legislature. In 1849 came to Wisconsin and settled in Milwaukee, where he practiced law until 1853, when he removed to Madison; continued his practice there until his death in 1860. He is spoken of by those who knew him as a man of great power, fine perceptions, extensive reading and as possessed of a most retentive and reliable memory; a fine speaker, pop- ular politician of the whig and republican parties, and a powerful stump orator.
SPENCER A. PEASE.
Spencer A. Pease, lawyer, physician and journalist, was born in Spafford, Onondaga county, New York, February 23, 1817; received an academic education at Auburn; came to Wisconsin in 1837 and settled at Salem, Kenosha county, where he began the practice of the law. In 1839 he abandoned the law and began the study of medicine, graduating from a medical college. In 1850 he removed to Marquette county and located at Packwaukee; in 1859 he removed to Oxford, the largest settlement then in that county. About this time he acquired an interest in a newspaper and assumed the editorship of it in connection with his medical practice. In 1857 and 1858 he was treasurer of Mar- quette county. His place of residence was changed in 1862 to Montello, the county seat, and he resided there until his death, continuing the publication of his paper, under the name of The Montello Express. About this time he resumed the practice of the law. In 1865, 1866,
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1870 and 1871 he was a member of the assembly. He was three times a delegate to national political conventions and very frequently repre- sented his county in state conventions. His death occurred December 19, 1887.
Mr. Pease was an honorable member of the bar, and had a consider- able practice in his own and adjoining counties. "But," it has been said, "the major good from the doctor's legal practice is not found in his court practice. It lies cherished in the hearts of friends who have sat in his office listening to his counsel. Were those walls to speak they could tell of more cases than he ever plead before a judge that have been plead before the conscience of clients. The finest fruits of his legal labor lie in the differences privately adjusted, when enemies renewed their friendships, when sundered families were restored, when peace and harmony resulted from his efforts, rather than life-long an- tagonisms."
GEORGE B. SMITH.
George B. Smith was born at Parma Corners, Monroe county, New York, May 22, 1832. In 1825 his father removed to Ohio, and resided at Medina most of the time until 1843, when he removed to Southport. Wisconsin, now known as Kenosha. The son had studied law at Me- dina, Cleveland and Kenosha: in 1843 he was admitted to the bar by Judge Andrew G. Miller, at Racine. In 1844 he became a resident of Madison, and so remained until his death. His educational advantages were limited.
He was the youngest member of the first constitutional convention, in 1846, having been elected at the age of twenty-three. It has been said of that body that it is "generally conceded to have contained the largest amount of talent of any that ever assembled in the state;" and of the subject of this sketch, and the part he took therein, that "young as was Mr. Smith, he was able to sustain himself with great credit in contests with these brilliant minds, and was acknowledged to have been one of the most active members of the convention. He was chairman of the committee on a bill of rights, a member of the committee on the organization and functions of the judiciary. and performed much other labor on committees. He favored liberal exemption laws, and to him,
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perhaps more than to any other man, are the people indebted for the liberal laws that now exist on that subject."
In January, 1846, Mr. Smith was appointed district attorney for Dane county, and discharged the duties of that office for six years. In 1853 he was elected attorney general; but declined to be a candidate for re-election at the close of his term. He was mayor of Madison in 1858, 1859, 1860 and 1878; in 1864 and 1869 was a member of the as- sembly and the leader of the democratic members on all party questions; in the last year he received the votes of his fellow democratic members for United States senator; he was twice defeated as the democratic can- didate for Congress- in 1864 and 1872; twice was a candidate for presi- dential elector-in 1868 and 1872, and was twice a delegate to national conventions of his party. "At St. Louis, in 1876, he made a speech deemed the greatest political effort of his life, which gave him much national reputation, and would doubtless have been followed with dis- tinguished preferment had the candidates there nominated been suc- cessful before the people." In that year Mr. Smith was one of the visi- tors to Louisiana to supervise the canvass of the vote of that state for presidential electors. Mr. Smith died suddenly at Madison, September 18, 1879.
The resolutions of the Dane county bar association, presented by J. C. Gregory, Esq., said, in part, of Mr. Smith, that "politically, he was strongly attached to the democratic party and clung to its fortunes, 'through good and through evil report,' with all the strength of his strong nature. In all contests he was a conspicuous champion and a conspicuous target. He was singularly free from personal ill feeling, and, at the close of a busy and somewhat turbulent life, he died 'with malice toward none, with charity for all;' and the demonstration, from the high and the low, the rich and the poor, from citizens of dis- tant places and from his neighbors in all positions in life, as we bore him to his final resting place in that 'beautiful city of the dead,' attested the personal grief at his death, and that the world, sharing the impulses of his generous nature, remembered nothing but good of a neighbor and a friend. While it can hardly be claimed that he was a close student or possessed of technical learning, all will concede that he was a man
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of wide reading and large experience who had mingled much with lead- ing strong men and had participated in great struggles, and had thus acquired much and varied information. He was a man of strong con- victions, perhaps of strong prejudices, aggressive in his nature, perhaps sometimes unreasonable; and he advanced his ideas with an assurance born of conviction, and with power and eloquence peculiarly his own. The conflict over, he was gentle and genial as a child, with not a trace of the strife through which he had passed. He was endowed by nature with a physical presence that commanded attention, with a pleasing, sonorous voice, great command of language, an audacious, courageous manner in attack, or with winning ways and words of pathos, or wit and humor, as occasion required; in fact, with every gift of an accomplished orator; and, all in all, he may safely be said to have been one of the most attractive public speakers in the northwest. For more than thirty- five years he was regarded as a leader at the Dane county bar and the equal of the foremost members of the profession in the state."
The resolutions of the bar were presented to the supreme court July 1, 1880, by I. C. Sloan, who made an address; remarks were made by Messrs. J. C. Gregory and A. B. Braley. Chief Justice Ryan responded for the court:
"Sundry accidents have delayed the announcement to this court of the death of George B. Smith, but to-day his memory is as green, and his presence as much missed from amongst us as at first-a higher trib- ute to his memory than any words can convey. Yet it is fitting that our appreciation of him, and our sense of his loss, should receive some expression in words also. So far as this can be done, it has been so felicitously done by the bar that little is left for the court to add.
"Mr. Smith was a man of high intellect and no common character. His mind partook somewhat of the nature of genius. He was apt to rely more on the inspiration of his own understanding than on the teachings of others, looking, perhaps, more frequently within than with- out for light on the subjects he considered. His general intelligence was of high order, but he was not distinguished for close logical power. His reading was discursive: he could not properly be called a scholar, even in his profession. His arguments in court were not always re-
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