USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 40
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This groundwork of statesmanship is adorned with a gift of oratory, carefully improved by cultivation, such as is given to but few. As a public speaker, an advocate, winning, persuasive, clear, logical and at the same time, "magnetic," his fame is national. With a voice of won- derful range and compass, capable of filling the largest auditorium, no man can hold larger audiences in more submissive attention than he. Rich in thought, with lofty diction, he is copious in language, felicitous and clear in argument, vigorous always, thoroughly in earnest, full of the ardor of conviction, never abusive of adversaries, full of high-toned courtesy, yet a foe to be feared, whether in legal argument or the less conventional debate on the stump. His fame as an orator was national when his party in state and nation were in a minority so hopeless and discouraging as to bar against its able men almost every avenue to public attention.
Long before Colonel Vilas had accepted any political honors, his fame as an orator had become national. In 1878 he was invited by his com-
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rades of the army of the Tennessee to deliver the annual address at their reunion in Indianapolis. That speech was one of singular power and beauty, and fired with a genuine patriotism.
Among his finest efforts of oratory, and one that most widely ex- tended his fame as an orator, was his response to the toast, "Our First Commander, General U. S. Grant," which he delivered at the banquet of the society of the army of the Tennessee, in Chicago, in 1879. It was delivered before one of the most distinguished assemblies of military and civic great men, on the occasion of the welcome of. General Grant after his return from his famous journey around the world. To this, the crowning toast of the occasion, the society's welcome to its com- mander, Colonel Vilas had been selected to respond. Among a galaxy of orators, and a feast of eloquence such as is rarely heard on one occa- sion, Colonel Vilas' speech, in manner, matter and perfect fitness to the great occasion, stirred up the veterans of war and the veterans of oratory to a pitch of enthusiasm almost indescribable. It was the theme of edi- torial praise at the time by all the leading newspapers of the country. It is said that in public libraries books containing that speech bear marks of much use, showing how widely read it is.
On finishing his term of service in the United States senate Colonel Vilas returned to his Wisconsin home and resumed the practice of his profession. He was a delegate to the national democratic convention of 1896, and did his utmost to prevent that body from taking, what he thought to be, the unwise and undemocratic position it assumed on the currency question. Failing in that, he repudiated the platform and candidates of that convention. He was a member of the Indianapolis convention and supported its candidates. In 1898 Governor Scofield appointed him a member of the board of university regents. Profession- al business has come to him, and he engages in it with the same zeal and power as before he withdrew from it to enter upon the arena of national politics. As cabinet minister, senator and lawyer, Colonel Vilas has deservedly won the respect of the people of Wisconsin.
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CHARLES E. WHELAN.
Charles E. Whelan, second assistant attorney general, is a native of Wisconsin, being born in Mazomanie, Dane county, on August 26, 1862. His parents were both natives of New York. His father, Curtis E. Whelan, who came to Wisconsin as early as 1848, was an intelligent and industrious blacksmith of the Empire state. His mother, Martha Whelan, was the daughter of Moses Rowley, a pioneer preacher in Wis- consin. Previous to coming to the state Mr. Rowley was also the first postmaster of Gouverneur, New York, and served as a member of the legislature of that state in 1828. He was esteemed one of the forceful orators of his day-a man who would attract attention in any day and in any land. Mr. Whelan probably inherits his intellectual tendencies from his maternal ancestry, and his natural talents have been developed by a thorough education of both a general and a professional nature. Having passed through the public and the high schools of Mazomanie, and being too poor to enter college, he learned the printer's trade at Waupun, Wisconsin. After working at his trade for some years he be- came a "newspaper man" and followed that vocation until 1893, when he began a course in law at the university of Wisconsin, from which he was graduated in 1894.
For several years previous to commencing the practice of his pro- fession Mr. Whelan enjoyed a thorough experience both in the mechani- cal and business departments of newspaper work. He learned the printer's trade at Waupun, Wisconsin, after which he served as foreman of a Dakota newspaper. In 1883 he returned to Wisconsin and two years later purchased the Sauk County News, published at Prairie du Sac. In 1886 he sold the property and removed to Madison, being em- ployed from 1887 to 1892 as an editor in the office of the State Journal. In 1893 he was appointed a proof reader in the office of the supreme court reporter, and commenced the systematic study of law at the university of Wisconsin, thus supplementing several years of private study.
After graduating from the law school he at once entered into active practice at Madison, and in 1895 was employed as special counsel for
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the state fish and game warden, while the constitutionality of the game laws were being tested in the various courts of the state. The contests covered periods of 1895 and 1896, and Mr. Whelan's professional labors were so satisfactory that in July, 1897, he received the appointment of second assistant attorney general of the state. The cases tried under the state game laws are perhaps the most important in which he has been engaged and are fully reported in 92 Wisconsin.
Mr. Whelan's honorable position in the community in which he has passed so many of his best years is also well illustrated by his election to the mayoralty of Madison in April, 1898. Further, he is a Mason in high standing, being now senior grand warden of the Grand Lodge of Wisconsin; a member of the Knights of Pythias and state deputy of the Modern Woodmen of America.
As an active and efficient campaign worker and an eloquent speaker, Mr. Whelan is generally known and admired throughout the state by the best class of republicans. He has been on the stump since 1882 and every campaign has seen him well at the front.
Mr. Whelan was married in May, 1885, at Black Earth, Dane county, to Bertie Wallis. They have two children, Letta H. and Charles E.
FRANK M. WOOTTON.
Frank M. Wootton is a native of Madison, and it is not saying too much to assert that no lawyer of his years in Dane county has a higher standing or a brighter promise. Born on May 28, 1867, he is the son of Robert and Elizabeth (Morgan) Wootton. When a boy of twelve years his father came from England to the United States and was for many years in the employ of the great publishing house of Harper Brothers. He became a resident of Wisconsin in 1859 and was long engaged in the insurance business, being especially well known as dis- trict agent of the Northwestern Mutual Life Insurance company.
The boy was educated in the public and high schools of his native city and afterward took a special course of two years in the university of Wisconsin. The training in the institution last named was prepara- tory to his legal studies in the state university. He graduated from the
Frank M. Wartou
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law school in July, 1890, also studying in the offices of John Erdall and Smith & Buell, of Madison. Being admitted to the bar, he at once commenced practice in his native place, being, from July, 1890, to June, 1891, in partnership with Eugene Rowley. With the exception of this year he has been alone, and it is therefore solely as the result of his own ability and efforts that his business has become as large and profit- able as that of any of the younger lawyers in his section of the state. It has, in fact, extended so rapidly that he now maintains a branch office in Sauk City, conducted under the firm name of Wootton & Engeset.
Mr. Wootton's practice is chiefly in the line of commerical law, for which, by experience and temperament, he is especially adapted. Through his father's long connection with the insurance business and while a student in the law school, he temporarily took up this line of work. From the first, also, he evinced a decided talent for debate and college politics-in fact, the strong lines of his character which were to determine his career seemed early fixed.
Among the important cases with which Mr. Wootton has been identified are those of the State ex rel. Orlando E. Turner vs. James Bell et al., quite generally known as the Dane county drainage case, in which he appeared as one of the attorneys for the commissioners (still in litigation), and John E. Adamson vs. George Raymer, O. D. Brandenberg and the Democrat Printing company, in which, with George WV. Bird, he appeared for the defense. Mr. Adamson, as chief of police of Madison, brought a libel suit against the defendants for $30,000 damages, and after a litigation of two years the case was de- cided by the supreme court in favor of the defendants.
To the residents of central Wisconsin it will be superfluous to add that Mr. Wootton is already a power in local politics and that his in- fluence is surely spreading throughout the state. Since 1888 he has taken an active part in every campaign and for two years has been chairman of the republican city committee. He is an eloquent speaker, a keen debater, an indefatigable worker and a splendid organizer. And, notwithstanding his force as an opponent, he is so fair in his methods that he has twice served upon the board of supervisors, once without opposition from the democrats.
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But neither politics nor his profession claim all of his attention, his activity, both mental and physical, making him pre-eminently a man of affairs. For example, he is a director of the Provident Building and Loan association; president of the North Side Land company, and is a director of the Park and Pleasure Drive association. The last named is a private institution which has constructed many miles of fine roads around Madison. One of Mr. Wootton's characteristics, in fact, is his love for driving and for fine horses. He is the owner of several fast animals, one of which has a record of 2.113. His beautiful summer residence on Lake Mendota, three miles from Madison, known as Shore Acres, is also another evidence of his love for nature and out- door life.
The latter, in fact, may be called more a characteristic trait than any predilection for society which he may have. He is a Mason, how- ever, in good standing, being a member of Robert McCoy Commandery of Madison.
In July, 1890, Mr. Wootton was married to Miss Addie M. Gage. They have two children, Elizabeth Gage and Robert Henry Wootton.
CHAPTER XXV.
THE TENTH CIRCUIT, ITS JUDGES AND LAWYERS.
It was enacted in 1855 that from and after July I of that year all that portion of this state included between the counties of Brown, Kewaunee, Door, Outagamie, Oconto and Shawano, shall be the tenth judicial circuit. The time for electing the first judge was the first Tues- day of May, 1855, and he was to enter upon his duties on the first Monday of the following July. The boundaries of the circuit have been often changed since that time. It is now composed of the counties of Florence, Forest, Lánglade, Outagamie and Shawano. Its judges, in the order of service, have been S. R. Cotton, Edwin Wheeler, G. W. Washburn, Ezra T. Sprague, E. H. Ellis, Geo. H. Meyers and John Goodland.
THE BENCH.
STEPHEN R. COTTON.
The first judge of the tenth circuit was Stephen Rossiter Cotton. He was born at Plymouth, Massachusetts, March 25, 1818, and was a direct descendant of John Cotton, the first minister who preached in Boston. Through his own efforts (he was one of a family of sixteen children) he acquired an academic and classical education at his native place, and at eighteen years of age became principal of the public schools of Newport, Rhode Island. While thus engaged he began the study of the law, and was admitted to the bar in Newport in 1841. In the spring of 1842 he removed to Green Bay, and entered upon the practice of his profession. On the first of May, 1855, he was elected judge of the newly-created tenth circuit, and discharged the duties of his office until July 1, 1861. He was not a candidate for re-election.
Moses M. Strong, in his "biographical sketches of deceased mem- bers of the bench and bar," says of Judge Cotton that "the discharge of his duties as judge was marked by superior learning and ability, great patience and endurance, a wonderful suavity of manner, and the greatest
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consideration for the rights and feelings of all concerned in the admin- istration of justice, especially the younger members of the bar, and at the same time conferred honor upon the judge and gave satisfaction to the public. Upon his retirement from the bench he again resumed the work of his profession, which was his pride and delight, and the highest rank in which it was ever his ambition to attain. He never had or desired to have either the honors or responsibilities of civil office, except as connected with his profession. His professional career, after he left the bench, was comparatively brief, but creditable, honor- able and successful; and, after a little more than five years of diligent and faithful professional labor, he became the victim of a fatal disease which, on the 15th of February, 1867, terminated in his death."
EDWIN WHEELER.
On the second day of April, 1861, Edwin Wheeler was elected as the successor of Stephen R. Cotton, judge of the tenth circuit. But for his . death his term of office would have expired on the first of January, 1868. He entered upon the duties of his office on the first of July, 1861, and continued faithfully to discharge them until the time of his death, which occurred at his home in Oshkosh, on the 22d of January, 1864.
He was born at Unionville, Lake county, Ohio, June 25, 1828. He acquired a very good though not a collegiate education, and after read- ing law for some time at Akron, Ohio, completed his law studies in the office of Smith & Collins (Geo. B. Smith and A. L. Collins), at Madison, Wisconsin, where he was admitted to the bar in 1849. 'He immediately settled at Neenah, in Winnebago county, where he com- menced the practice of his profession. Remaining at Neenah for about three years he removed to Oshkosh in 1852, where he continued to reside. He was that year elected county judge of Winnebago county. In 1856 he was elected to represent that county in the state senate, and held that office during the years 1857 and 1858. During the twelve years that he was in practice before his election to the bench, he had acquired an extensive practice, and his standing at the bar and through- out the circuit was such that the honor of a position upon the bench was conceded to him with very great unanimity.
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Judge Wheeler was methodical, systematic and laborious. He had a ready, clear and just appreciation of fundamental, legal and constitu- tional principles, and was an upright and unbiased judge. He was never suspected of weighing considerations personal to himself in the disposition of cases litigated in his court. He had no favorites in court to whom he lent a more than friendly ear, nor had he enmities or dis- likes among litigants or lawyers that were disclosed to the most critical or discriminating eye in his decisions on the bench. He was eminently a fair-minded, honorable and just man, and these characteristics were conspicuous during the term of his judicial office.
Shortly before his death he held a term of court at Shawano. In returning from there to 'Oshkosh he suffered severely from exposure to the excessive and terrible cold of the first few days of January, 1864. On arriving at his home he was compelled to take to his bed, which he never left alive. He died of hemorrhage of the lungs, on the 22d of January, 1864.
GANEN W. WASHBURN.
Years ago there lived in the town of Livermore, Maine, two broth- ers-Israel and Renel Washburn. They were of New England stock, tracing their descent from John Washburn, secretary of the Plymouth colony in England, who married Patience Cook, one of the passengers in the Mayflower. Israel Washburn was the father of C. C., E. B. and W. D. Washburn. Renel Washburn was a prominent lawyer of Liver- more, and the father of Ganen W. Washburn, the subject of this sketch, who was born in Livermore, October 29, 1823; he entered Bowdoin college at eighteen and was graduated with honors in 1845; read law in his father's office, and completed his studies with his cousin, Israel Washburn; was admitted to the bar in' 1847, at Paris, Oxford county, Maine, and at once started for the west; reaching Wisconsin, he settled in Oshkosh in July of that year and began the practice of his profession. He continued to practice alone until 1850; in that year he formed a partnership with Gabriel Bouck, then fresh from Union college. This relation continued until 1857. Mr. Washburn has served the people as chairman and clerk of the board of supervisors of Winnebago county,
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treasurer of said county and school superintendent of the city of Osh- kosh. In 1863 he became judge of Winnebago county; in 1859 and 1860 he was state senator, and on February 2, 1864, was appointed judge of the tenth circuit. He resigned that office early in 1870, and since then has given most of his time to business affairs, being largely interested in lumbering, agriculture and dairying. For several years he was interested in numerous creameries in different parts of Winne- bago county; his connection with these has been discontinued.
In November, 1850, Mr. Washburn was married to Miss Sarah P. Strickland, of his native town. Their family consists of four children: John R. Washburn, Mrs. Clara W. Morgan, Mrs. L. D. Harmon and Miss Alice Washburn. Judge Washburn is now residing at Oshkosh. An estimate of his career as judge may be found elsewhere.
One fact in Judge Washburn's legislative career shows the sturdy independence of the man; he was the only republican in either branch of the legislature that refused to vote for the state rights resolution- that is, the resolution affirming the right of the several states to judge of infractions of the federal constitution, and to determine for them- selves the mode and measure of redress.
EZRA THOMPSON SPRAGUE.
Judge Washburn was succeeded by Mr. Sprague, who was ap- pointed judge in April, 1870, and served until 1872. Mr. Sprague was born in Windham, Connecticut, June 23, 1833; his father was William B. and his mother Johanna H. Sprague. The son was fitted for college at West Killingly academy, in Connecticut, and was graduated from Amherst in 1855. The following year he removed to Madison, Wis- consin, and entered upon the study of the law in the office of Smith & Keyes. In April, 1857, he was admitted to the bar, and from 1858 to 1861 practiced law in that city, part of the time in partnership with J. H. Carpenter.
On the breaking out of the civil war he enlisted as a private in the first Wisconsin; was promoted to corporal and then sergeant. On the expiration of the period for which that regiment was mustered in Mr. Sprague became adjutant of the eighth Wisconsin. While con-
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nected with it he acted as adjutant of the brigade of which it formed part, and, later, as assistant adjutant of the division. In the fall of 1864 Mr. Sprague became colonel of the forty-second Wisconsin, and during the last months of the war was in command of the troops at Cairo, Illinois. In June, 1865, he was brevetted brigadier general.
At the close of the war Colonel Sprague engaged in the practice of the law at Depere, Wisconsin, and continued therein until he was ap- pointed judge of the tenth circuit, in April, 1870. In the spring of 1873 he removed to Salt Lake City, Utah, hoping that the milder climate of that region would benefit his failing health. From 1875 until 1888 he practiced law there; during that period he served one term as assistant United States attorney. His death occurred there December 30, 1888.
Colonel Sprague was married November 20, 1860, to Helen A. Crandall, of Madison, Wisconsin, who resides at Salt Lake City. He leaves two daughters and two sons.
E. HOLMES ELLIS.
The fifth judge of the tenth circuit was E. Holmes Ellis, who, from 1872 to 1879, occupied that position. Mr. Ellis was born at Green Bay, August 26, 1826; his general education was acquired in the common schools and in his family; he prepared for admission to the bar in the office of Henry S. Baird, and at the age of twenty-one was admitted to the bar of the territorial court. In November, 1847, he opened an office at Manitowoc Rapids, and practiced there until 1851, when he removed to Green Bay, where he has continued to reside. He has been in part- nership with several lawyers-W. J. Green, H. J. Fenbee. S. D. Has- tings, Jr., George G. Greene and W. H. Norris. Besides his eight years' service as circuit judge Mr Ellis has held the offices of district attorney and clerk of the board of supervisors of Manitowoc county, alderman and mayor of Green Bay and register of deeds of Brown county. Dur- ing President Cleveland's second term Mr. Ellis became postmaster of Green Bay. He has twice been a candidate for a seat on the bench of the supreme court-in 1868 against Byron Paine, and in 1891 against Silas U. Pinney. It is said in Reed's Bench and Bar that Judge Ellis' service on the circuit bench was eminently successful and satisfactory Vol. II .- 28
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to the people of his circuit and to the bar; that declining health and the meager compensation allowed for the service compelled his resigna- tion. His retirement from the bench was deeply regretted. The public service of Judge Ellis and his unimpeachable private char- acter have won for him the confidence and respect of his fellow citizens of all parties.
GEORGE H. MEYERS.
George Henry Meyers, formerly judge of the tenth circuit, was born in Middleton, Delaware county, New York, October 24, 1824. In 1828 his family removed to Waterford, Pennsylvania, where he worked on the home farm until his twentieth year; the three following years he attended academies in Waterford and Erie; later he studied law and was admitted to the bar at Erie in May, 1849. During that year he came to Wisconsin and located in Appleton, being the first person to open a law office in what is now Outagamie county. In 1852 he was dis- trict attorney and later held that office for a full term. In 1861 he was elected county judge, and in 1865 resigned that office and entered the military service as adjutant of the fiftieth Wisconsin; after six months' service he resigned. From 1868 to 1876 he was postmaster of Appleton. In 1880 he was appointed judge of the tenth circuit to succeed Judge E. H. Ellis, and held that office until his death, which occurred August 1, 1891.
Politically, Mr. Meyers was a republican after the dissolution of the whig organization. His religious views were pronounced and he was a member and officer of the Methodist church. Prior to becoming cir- cuit judge he had a good practice, and was regarded as a safe counsellor. He was a diligent student, spent much time with his books and gave careful consideration to matters presented to him. His powers as an advocate were not marked, nor was his apprehension very acute. His judicial career was not distinguished by anything peculiar. Bar and liti- gants felt unbounded confidence in the integrity of his purposes. There never was any suspicion that he insensibly looked out of the courtroom windows to see how the wind blew, or that he was influenced by any semi-conscious partiality. The uprightness of all his life forbade the
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thought of any such conduct on his part. Judge Meyers' work was done with the sole view to the administration of justice between man and man and between man and the state.
JOHN GOODLAND.
John Goodland, present judge of the tenth circuit, was born at Taunton, Somersetshire, England, August 10, 1831. His father, Wil- liam, was a merchant; his mother, Abigail Sherman, a farmer's daugh- ter. John was educated in the boarding schools of his native land, fin- ishing at Wellington academy in Wellington, Somerset. He came to America in 1849, and lived for a time in Oneida county, New York, where, in 1850, he married Caroline M. Clark, of Waterville. In 1854 he came to Wisconsin; for a time resided at Sharon, in Walworth county; was in the employ of the Chicago & Northwestern railway company from 1864 to 1874, first in the capacity of clerk in Chicago, and from 1867 to 1874 as agent at Appleton; resigned the latter posi- tion to take up the study of the law, which he pursued while engaged in other business. He was admitted to the bar at Appleton, after exami- nation in open court, January 5, 1877; to the supreme court, March 8, 1877. In 1878 formed a partnership with Lyman E. Barnes, which con- tinued about four years, and thereafter practiced alone until he became circuit judge.
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