USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 45
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"To one who had seen him only in his office or in court, engaged with business affairs, and who knew only the cold, austere man, it was in- deed a revelation to meet him in those hours of relaxation, and witness how gracefully and completely he yielded to the sweet influences 'of the better angels of our nature'-how genial and tender, how entertaining and instructive he was. And this was so free from any sacrifice of true manly dignity that there seemed no discrepancy or discord in his dif- ferent moods and the different manifestations of his character. Reserve and cordiality, sternness and gentleness, coldness and tenderness, intel- lect and heart seemed in him to blend in one harmonious whole-form- ing in union a grand symmetrical and most attractive character.
"We all have gazed upon some lofty mountain, which, to our distant view, seemed rugged and inaccessible. We were awed by its grandeur and majesty. We approach nearer, and behold! clear perennial streams gush from beneath the rocks and meander quietly down its sides. Paths, easily traversed, reach to the very summit. Cool shades invite to repose. And, deeply indented in its base, between projecting cliffs, lie peaceful vales covered with verdure and flowers. The scene is no longer one of grandeur and majesty alone, but of the most enchanting beauty as well,
"Thus do we find in one of the grandest aspects of nature a fitting emblem and symbol of the character of our lamented friend.
"It was the mournful privilege of all the members of this court to attend the funeral of Judge Conger. With a great multitude of his neighbors and friends who reverenced and loved him, we followed his lifeless form to its last resting place. As we stood by his open grave there fell upon our ears the sad, sad words, prophetic of the inexorable doom of us all: 'Earth to earth, ashes to ashes, dust to dust!' and we' felt that to these might be added the divine benediction, radiant with the promise of immortality: 'Blessed are the pure in heart; for they shall see God!' "
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
JOHN R. BENNETT.
It is a well attested maxim that the greatness of a state lies not in its machinery of government, not even in its institutions, but in the sterling qualities of its individual citizens, in their capacity for high and unselfish effort and their devotion to the public good. Among those who are justly entitled to be enrolled among the makers of the great commonwealth of Wisconsin is Judge John R. Bennett, whose fifty years' residence in the state has left its impress upon the commonwealth and nation. Although born in New York and surrounded by all the attractions which that charining and picturesque region affords in its hills and valleys and beautiful lakes, he saw the great possibilities of the west, and as a consequence left his home within six months after he was admitted to the bar, on May 8, 1848, with only sufficient money to take him to his place of destination-Janesville, Wisconsin.
From the beginning he occupied a place among the leaders of the Rock county bar, and has since been a peer of the brightest and ablest in the profession. He possessed no rich inheritance or influential friends to aid and assist him in establishing himself in business, but he was filled with high hopes and laudable ambitions to succeed. His life has been one of ceaseless toil and labor, and his success has been commensurate with his labors.
Judge Bennett's ancestors were Puritans, who, in 1668, made their appearance in Connecticut, and from that day to this the family history is illustrated with bright examples in all walks of life. His father, Daniel Bennett, who was born at Stonington, Connecticut, February 16, 1793, was a soldier in the war of 1812, and participated in the battle of Lundy's Lane which, considering the number engaged, was one of the severest ever fought on this continent. He was a patriotic, gallant soldier. He was wounded at the battle of Lake Erie and lost the sight of his right eye. His mother, Deborah Leeds Bennett, nee Spicer, was a grand- daughter of Gideon Leeds, of Leeds, England, and was born at Groton, Connecticut, April 15, 1792.
The father and mother of Judge Bennett lived in the rural com-
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munity of Rodman, Jefferson county, New York, where, on the first day of November, 1820, the subject of this sketch was born.
Western New York was then almost an unbroken wilderness, there being but few settlers between his birthplace and Buffalo. His early years were spent in assisting his father in clearing the land and in other work on the farm. He attended the country school and attained pro- ficiency in the common branches.
In the fall of 1839 he became a student in the Black River literary and religious institute, of Watertown, New York, where he fitted him- self for the profession of teaching, in which he engaged at intervals until ยท April, 1844, in connection with his attendance at the institute. At the date named he entered upon a course of law studies under the precep- torship of W. W. Wager, of Brownville, Jefferson county, New York, which continued for a period of six months. In April, 1845, Mr. Ben- nett commenced reading law in the office of Dyre N. Burnham, of Sackett's Harbor, New York, and pursued his studies with that gentle- man until May 8, 1848, when he was admitted to practice in the courts of that state, at Oswego, New York.
Soon after his admission to the bar he came west and settled at Janesville, Wisconsin, arriving October 13, 1848, and from that time until elected to the bench, in April, 1882, he zealously pursued his profession, and his efforts were rewarded with success.
He was re-elected in April, 1888. In 1862 he was elected district attorney for Rock county, and served until 1867, distinguishing his administration of that office by the energy and ability with which he conducted the legal business of the county. Without being a candidate, he was nominated by the republican state convention, 1875, for the office of attorney general of the state, but he was defeated with the balance of the ticket.
Judge Bennett has been a stanch republican and a faithful adherent of the principles governing the party since its organization. In 1850 he was a delegate to the national convention which nominated Abra- ham Lincoln, and looks back upon those stirring times with consider- able interest. In April, 1894, he was a candidate for re-election as judge of the twelfth judicial circuit and was re-elected, by a majority of over
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2,000, to the bench which he had graced with so much ability, honesty and industry for nearly twelve years. As a lawyer Judge Bennett has practiced in all courts of the state and federal courts and has shown an ability which has placed his name with such men as Carpenter, Whiton, Knowlton, Noggle and Jordan. His business in the supreme court of the state became so extensive that, it is said, no volume of the Wisconsin reports was issued while he was in practice that did not con- nect his name with some important cases.
On November 28, 1844, Judge Bennett was united in marriage, at Hounsfield, Jefferson county, New York, to Miss Elsie L. Holloway, daughter of Charles Holloway, Esq. She departed this life May 28, 1893, universally beloved and mourned. Her sweet and gentle influence has left an impress upon the life of her husband which time cannot efface. The following is the tribute to her memory, offered by the members of the Rock county bar association, and is taken from the record given at the time in a local newspaper:
"There was an air of unusual solemnity at the opening of the cir- cuit court this morning. Members of the Rock county bar association were present in large numbers, and when Judge A. Scott Sloan, of Beaver Dam, took his seat as presiding judge, there was profound silence. B. B. Eldredge had been assigned the duty of presenting to the court the memorial of the Rock county bar on the death of Mrs. John R. Bennett. He stepped forward and with manifest emotion addressed the court. After brief introductory remarks he presented these resolutions :
" 'May it please Your Honor: The Rock county bar association, being notified of the death of the wife of the judge of this court, Mrs. Elsie L. Bennett, attended the funeral in a body, and commissioned us, its committee, to prepare a statement commemorative of the de- ceased, and appropriate resolutions, and move this court to make such resolutions and statement subjects of record thereof-an enduring testi- monial to the memory and worth of the departed.
" 'Elsie L. Bennett, deceased at her home in this city, May 28, 1893. She was the daughter of Charles and Chloe Holloway, whose maiden name was Woodruff, and was born at Hounsfield, in the county of Jef-
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ferson and state of New York, January 23, 1822. On the 28th of No- vember, 1844, she was married to John R. Bennett, now the judge of the twelfth judicial circuit court of the state of Wisconsin. In the year 1848, with her husband, she became a resident of Janesville, in the state of Wisconsin, then a comparatively new settlement, where she has ever since resided, and where her "sweet and gentle influence" ren- dered her coming a blessing, not only in her home and to the immediate family circle of which she till her death has been the acknowledged center and guide, but to all who have had the good fortune to know her. She was the true Christian, imbued by nature with love, faith, hope and charity, wherewith she conquered, and led the way in the proper and pleasant paths of life. These qualities not only afforded us pleasant glimpses of happy domesticity, but shone out brightly in her contact with the world at large and impressed all with her supreme worth in the fulfillment of her mission of virtue, morality, mercy and charity.
" 'Though abounding always in love, faith and good works, Mrs. Bennett was also endowed by nature, cultivated by study and reflection, with highly discriminating qualities of mind, and was quick to detect and with mercy demolish fraud and imposition, and commend and reward virtue. For nearly fifty years of married life she was the safe and judicious adviser, counsellor and guide, in temporal as well as spiritual matters, of her noble husband, who in God's providence has been left to mourn her departure hence. in death, as in life, to lead him in the pleasant paths leading to that celestial home prepared "from the foundation of the world."
" 'Resolved, That in the death of Mrs. Elsie L. Bennett, the Rock county bar association is called to deplore the loss of the beloved wife of the honored judge of the twelfth judicial circuit court of the state of Wisconsin, and to unite in expressing our individual appreciation of her many virtues and good works and deep-felt respect for her memory.
" 'Resolved, That we, as individual members of said association, cherishing for her memory a profound admiration and affection, proffer to her bereaved husband and daughters our sincere sympathy and con- dolence in this their supreme affliction.
" 'Resolved, That these proceedings, as a testimonial to her worth be made matter of record in the circuit court for Rock county, and
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that certified copies be, by the clerk of this court, directed to the other courts of this judicial circuit.
" .Resolved, That the chairman of this association and the clerk of this court be a committee to communicate these proceedings and the condolence of this bar to the husband and daughters of the deceased.
"'Resolved, That these proceedings and resolutions be published in the several papers of this city.
B. B. ELDREDGE, JOHN WINANS, A. A. JACKSON,
1 Committee.'
"'Are there any remarks to be made on these resolutions?' asked Judge Sloan, as Mr. Eldredge finished reading. William Ruger arose and spoke as follows:
" 'May it please the court, brethren of the bench and bar: When a mortal life journeying so near our own pathways ends in the sleep and rest of death, it is fitting that we should pause to express our tribute of respect, and our sympathy with those who remain to mourn. I say remain to mourn, but on this occasion it is a most comforting reflection that those so referred to do not mourn as for an everlasting separation. They are not faithless, hopeless waiters for such end to come to them. We know that our honored presiding judge will wait and continue his life's journey, comforted by the blessed hope, founded on well assured faith, that the painful parting that now afflicts him is but temporal, soon to be followed by a reunion which shall be eternal. We cannot in weak impromptu words fittingly express either our tribute of respect for the beloved one at rest or our sympathy with our honored judge and those of his household in their hour of trial. For this I must rely upon the more appropriate and deliberate expression made by the memorial which has been presented. I heartily second the motion that such memorial be entered on record for an enduring testimonial of our trib- ute of respect and our sympathy.'
"William Smith followed Mr. Ruger, speaking as follows:
"'May it please the court: I have been thinking, while listening to the resolutions and remarks of members of the bar, that human lan- guage had failed to keep up, in the march of time, with the other de- velopments of the human race. Surely, what is best in us, what best
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
marks the progress of our race, is its love, tenderness and sympathy; and in that respect it occurs to me that human language has failed, in its development, to express the development of our race upon its best side. Perhaps it is better that it should be so. Some things-the great- est, the deepest and the grandest-are expressed by silence. The oak in its grandeur; the ocean when placid and mild; the river as it flows gently to the sea, perhaps in their silence best express their great- ness and grandeur. And when we come to occasions of this kind per- haps it is well that our language fails us. But it is well that we can realize that that which is best within us is awakened; that the sympathy, the kindred and fraternal feeling of those associated together in the work of perfecting the science of the law, join together and go out to the honored judge of this circuit in this great hour of trial, suffering and pain.'
" 'If there are no further remarks to be made on this occasion,' said Judge Sloan, 'we will close these proceedings. Before doing so, I feel that I ought to say a word or two at this time. Having myself but recently passed through the same sorrowful circumstances I feel, as has been intimated by Brother Smith, that language fails to express the thoughts that naturally arise upon an occasion of this kind. Judge Bennett, after a married experience of half a century, has been called upon in the order of Providence to part with the companion of his life, and he must now take up the burden of life's duties in great sorrow and affliction. At such a time we older men appreciate more sensibly than can the younger members of the bar the circumstances of sorrow and affliction which surround such an event. Ambition, earthly hopes, position and wealth, at such times, sink into insignificance; and all there is left, so far as human agencies are concerned, is the kindness and sympathy of our friends and acquaintances. And while Judge Ben- nett will go on with his duties, discharging them in the future as he has in the past, with great ability, with fearless honesty and impartiality, he will rely mainly upon the tender memories surrounding his home life and upon the sympathy and kindness of his friends, and especially the members of the bar. It will brighten his labors, diminish his sorrow, to receive the expressions of the sympathy, kindness and affection of
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
the members of the bar. The resolutions and proceedings will be entered upon the minutes of the court, and the clerk will transmit a copy to the members of the family of the deceased.'"
Judge Bennett had during his entire life consistently refused political preferment, though the entire community desired to bestow upon him such honors as were within its gifts. When he was requested to become a candidate for Congress, he declined in favor of his partner, I. C. Sloan, who was elected. This illustrates forcibly the modesty and unselfish nature of the man.
He has, for more than a decade, been one of the hardest-working judges in the country, and the general sentiment of the bar toward him is that of unqualified respect as an upright, conscientious and pains- taking judge. In his charges to juries he is guided solely by the facts in evidence and the law applicable to them. His decisions are stated in perspicuous and simple language, without any ornament of style, and in such a manner as not to be misunderstood. They are always terse and concise, and embody the exact words necessary to express clearly and unmistakably his meaning.
His transaction of public business has received the highest praise, and he has won the distinction of being not only a most learned and accomplished jurist but a most worthy citizen. Judge Bennett is an ornament to the bench and bar of Wisconsin and the United States.
It has often been truthfully said that the fame of all great lawyers and advocates is written in water. The most learned and astute law- yers of the last generation are hardly heard of beyond the immediate neighborhood in which they lived. But the goal toward which Judge Bennett has hastened during his many years of toil and labor is with "those who by patriotism and wise counsel have given the world a direction toward good, and they may have their names inscribed upon the bright page of history and be enduring."
In closing this sketch we cannot do better than to quote the words of a famous judge in commemorating the virtues and achievements of a brother judge and a co-laborer, which expresses most clearly the lofty ideas Judge Bennett always pursues and the example he wishes to set : "May our successors," he said, "look back upon our times not with-
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
out some kind regret and some tender recollection. May they cherish our memories with that gentle reverence which belongs to those who have labored earnestly for the advancement of the law. May they catch a holy enthusiasm from the review of our attainment, however limited it may be, which shall inspire them with the loftiest possession of human learning. And thus may they be able to advance our jurisprudence to that degree of perfection which shall make it a blessing and a protection through our own country and excite the admiration of mankind."
THE BAR.
FREDERICK C. BURPEE.
One of the bright young lawyers of the state, Frederick C. Burpee, is now serving his first term as city attorney of Janesville, to which office he was elected in April, 1898. Prior to that time he was elected a member of the board of education.
Mr. Burpee's parents are Austin E. and Eliza (Chapin) Burpee. His father, for many years a prominent lumber merchant of Janes- ville, came to that city from the Empire state in 1854. Here the latter lived and prospered until his death. September 18, 1891.
The son and subject of this sketch was born in Janesville, on the 14th of October, 1865. He was educated in the public and high schools of his native place, as well as at a private academy.
In 1886 Mr. Burpee commenced his legal studies in the office of Winans & Hyzer, Janesville, and was admitted to the bar by the state board of examiners, then sitting at Milwaukee, on the 29th of August, 1888. He began the practice of his profession in his native city. From the first he has secured his share of the legal business, and that he has conducted it with ability is evident from his election to the office of city attorney. He has, in fact, early realized that the secret of modern success consists of industry and thorough business methods applied to professional work. He is identified with the Knights of Pythias, Janes- ville Lodge No. 22, and is a member of the order of Elks, Lodge No. 254. In politics he is a democrat.
Mr. Burpee was married on January 5, 1898, to Jennie L. Rowe, daughter of Oscar D. Rowe, now register of deeds for Rock county.
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
LUCIEN B. CASWELL.
This eminent lawyer and citizen is a most excellent illustration of the high possibilities open to energy and application when united to intellectual capacity and strong aspirations to make himself recognized, no matter in what community he may be placed. Making the utmost of his opportunities he has developed in himself a true manhood and has won the esteem as well as respect of all who know him, either personally or by repute.
Lucien B. Caswell was born at Swanton, Vermont, November 27, 1827. His father, Beal Caswell, a farmer by occupation, died at Swan- ton, Vermont, when the subject of this sketch was but three years old. His mother, who was formerly Betsey Chapman, the daughter of Lem- uel Chapman, a soldier in the revolutionary war, was remarried after the death of her first husband to Augustus Churchill and moved to . Rock county, Wisconsin, in 1837, being among its earliest settlers. It was in the common schools of that county that Lucien B. obtained his earlier education, following which he attended Milton academy and was afterwards at Beloit college. While he did not remain to take a full col- legiate course, the institution afterwards conferred upon him the degree of master of arts. Thus fitted for a professional life, he studied law with Matthew H. Carpenter at Beloit. In October, 1851, he took his exami- nation before the circuit court of Jefferson county, at that term presided over by Timothy O. Howe, and was then admitted to the bar.
Fort Atkinson appeared to offer him the best field for his work, and moving there, July 17, 1852, he opened an office. In that town he has remained ever since, and with the exception of two years during which his son, Chester A., was with him, has been unassisted in his professional labors. He has practiced law in all the courts, both state and federal. Among other trials which have obtained more than any passing notoriety may be mentioned the famous Town case, involving the validity of municipal bonds, which was handled by him in the United States courts, and it may be stated that his successes have been sur- prisingly many.
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
A republican in his politics, Mr. Caswell's high abilities and services to his party have been conspicuous. While in Congress he was chair- man for a while of the committee which had charge of the postoffice appropriations, and was the author of the two-cent postage bill. He was a member of the state legislature in 1863, 1872 and 1874. In the fall of 1874 he was elected to Congress and was re-elected each succeed- ing two years, with the exception of one term, until his service amounted to fourteen years, a longer time than was served by any other member from this state. During that time in the house of repre- sentatives he served on the committee of patents and also as a member of the very important committee on Pacific railroads, in the latter posi- tion taking a broad national view of these systems of trans-continental lines of which time has proven the correctness. He was a member of the committee on appropriations and, during the last six years of his congressional service, a member of the judiciary, and instrumental in establishing the circuit courts of appeals. He was a delegate to the national convention in Chicago which nominated General Grant for the presidency for the first time.
Neither his law practice nor the duties of his public life were suf- ficient to entirely occupy the active business mind of Mr. Caswell. In 1863 he organized the first national bank of Fort Atkinson, of which he became cashier as well as one of its directors, and of which he is now vice president. He organized and was also president of the citizens' state bank of the same town. In 1866 he organized the Northwestern Manufacturing company, which manufactured chairs, buggies, wagons and sleighs, and which was capitalized for $200,000, and for many years he took prominent part in the company's affairs.
Mr. Caswell was married at Fort Atkinson August 8, 1855, to Elizabeth H. May. They raised a family of six children, Chester A .; Isabel, who is the wife of G. L. Cole, of Beloit; Lucien B., Jr; George W .; Harlow O .; and Elizabeth May, who is married to Dr. F. J. Perry. Mrs. Caswell died in January, 1890.
He belongs to no secret organizations, although formerly he was a member of the Odd Fellows.
On the 10th of March, 1898, he was married to Miss Anna A. Rog-
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