USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 48
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55
In December, 1893, the Atchison system went into the hands of receivers, and the problem of its reorganization was pressed upon the holders of its almost worthless securities, and the direction of the legal proceedings devolved upon Mr. Peck. Within two years the mortgages were foreclosed, the property sold and a working plan of reorganization effected, and the great railroad system preserved un- broken. Such a feat of efficient and rapid reorganization of so large a railroad property is unparalleled.
In September, 1895, Mr. Peck resigned the general solicitorship of the Atchison system to become the general counsel of the Chicago, Milwaukee & St. Paul Railway Company. United States Judge Cald- well of the seventh circuit, in accepting his resignation, asked that he still give the Atchison reorganization company the benefit of his coun-
516
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
sel until the reorganization should be completed, and spoke of his connection with the receivership matters in terms of highest praise.
Since his removal to Chicago Mr. Peck has been associated with John S. Miller and Merritt Starr in the law firm of Peck, Miller & Starr. Besides his connection with the receivership matters of the Atchison system, he was engaged in the foreclosure of the mortgage of the Jacksonville & Southeastern line, and was also retained in con- nection with the reorganization of the Northern Pacific Railroad.
Amid the labors of the farm, the field, the bar, and in public affairs, Mr. Peck has cherished a love of letters and has acquired a literary art and appreciation which are after all his highest title to distinc- tion. His large library, which it has been the care and pleasure of his life to collect, is esteemed his greatest possession; and his inti- mate familiarity with the best literature is the ornament of his public utterances and the charm of his conversation. He is a frequent orator at the gatherings of the Loyal Legion-of which he has been a com- mander-and is much sought after to address literary societies and the graduating classes of colleges and universities. From two of these universities he has received the degree of LL. D. His address before the law class of the university of Wisconsin in 1893, and his oration on Founders' Day at Knox college in 1894, are remembered by those who heard them as the events of the college year. In June, 1895, he delivered the annual oration on "The Worth of a Sentiment," be- fore the Washington and Jefferson societies of the university of Vir- ginia. It was undoubtedly the greatest address, as it was also one of the greatest occasions, in the history of that ancient university. His reference to the new south and to the union of the north and south was mentioned and praised by the leading papers throughout the country. Upon the unveiling of the monument of John A. Logan on July 22, 1897, Mr. Peck, as the orator of the day, delivered probably the most eloquent, well rounded and finished address ever delivered in Chicago, an oration that will live as long as the mass of bronze, its subject, exists.
His tastes and his talents are so generous that there is no subject of great human interest with which he is unacquainted or to which
517
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
he has not given sympathetic aid. Companionable, warm hearted and open handed, admiration of his masterful abilities is forgotten in the warmer admiration and love of the man.
A. HYATT SMITH.
A. Hyatt Smith was born in New York city February 5, 1814; about the age of thirteen he began the study of law in connection with his general studies; his general education was completed at Mount Pleasant seminary; in 1835 he was admitted to the bar of the city courts and to that of the supreme court in 1836. For six years thereafter he successfully practiced law in New York city, at the end of which time medical men advised him that a change of climate was essential for his health. He arrived at Janesville, Wisconsin, November 22, 1842, and soon made investments in real estate and set about developing the water power at Janesville. In 1846 he built the largest flouring mill then west of the great lakes.
In 1846 Mr. Smith was elected a member of the constitutional con- vention, and served therein as chairman of the committee on eminent domain, and as chairman of a select committee on the apportionment of the state into legislative districts; in 1847 he was appointed attorney general of the territory and served in that capacity until the state gov- ernment was organized; he was United States attorney for about one year-part of 1848 and 1849; was Janesville's first mayor (1853) and served again as such in 1857; was an unsuccessful candidate for Con- gress against Orsamus Cole in 1848; came within two votes of being the nominee of the democrats for governor in 1851, and again in 1853; was a regent of the state university for several years; in 1866 was col- lector of internal revenue. In 1871 he met with losses by fire and removed to Chicago and opened a law office; his library and papers were burned in the great conflagration there. Besides being engaged in the practice of the law, Mr. Smith took an active part in promoting the construction of railroads. At one period of his life he held proper- ties of large value, most of which he became dispossessed of. His death occurred October 16, 1892, at his home near Janesville.
518
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
SAMUEL J. TODD.
Samuel J. Todd, one of the oldest and ablest court commissioners in the state, was born at Preble, Cortland county, New York, on the 19th day of January, 1821. His father, Daniel Todd, was a farmer and, with his wife, Mary (Taggart) Todd, came from New Hampshire and settled in Cortland county about 1817. The grandparents of our subject, John Todd and Ricard Duncan, were also natives of the Granite state.
Mr. Todd received his early education in the common schools and academy at Petersboro, New Hampshire, taking, subsequently, a full high school course. When he was eighteen years of age he removed to Perry, New York, but first commenced the study of law in the office of Charles Taggart, of Batavia, New York. He was admitted to practice in 1845, by J. C. Bronson, chief justice of New York, Vice Chancellor Whittlesey admitting him to practice in chancery on the 3Ist of October of the same year. Until 1849, however, Mr. Todd continued to act as the legal assistant of his former preceptor. In No- vember of that year the west claimed his energies and abilities, Beloit being his first Wisconsin home. Here he made the acquaintance of J. M. Keep, who was so impressed with his strong character, both as man and lawyer, that on February 26, 1850, a partnership was formed between the two. This connection was continued until Mr. Keep was elected to the circuit judgeship in 1854, when Mr. W. S. Rockwell became Mr. Todd's partner. After two years Mr. Todd associated him- self with F. Taggart, and in 1859 with Julian C. Converce. Until July, 1870, or for a period of eleven years, the firm remained unbroken and then only the death of Mr. Converce severed the professional and per- sonal ties. . Mr. Todd was connected with the firm of Booth & Malone for about two years thereafter, until January, 1881, and since that time he has practiced alone.
Mr. Todd has not only fairly earned a high standing as a practitioner, but his knowledge of the law is both precise and broad. This trait of his professional character was generally recognized as early as October, 1856, when Coles Bashford, governor of Wisconsin, appointed him one
519
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
of the revisers of the general laws of the state. Previous to the forma- tion of the republican party, in that year, he was a whig. Since that date he has been a stanch leader of the former organization. In 1858 he served as mayor of Beloit, and in the fall of 1868 was elected to the state senate for a term of two years. He has been a member of the school board for many years, in the early '5os was a justice of the peace and has been court commissioner for more than two decades. From first to last, in fact, his record has been most gratifying, both to himself and those with whom he has been thrown in contact.
For more than forty years Mr. Todd has been identified with the order of Odd Fellows, being one of the best known members in the state. His tastes are simple and domestic, and his wife, formerly Miss Mary E. Hazzard, has been all that a true helpmate should be. To her he was married on December 23. 1853, their children being: R. H. Todd. Alice C., Anna (a teacher in the Milwaukee high school) and Elizabeth V., the last named being a clerk in her father's office.
CHARLES G. WILLIAMS.
Charles G. Williams was born in Royalton, Niagara county, New York, October 18, 1829; his early education was limited by his oppor- tunities and feeble health; by strenuous efforts and the aid of two older brothers he finally completed the course of the Genesee Wesleyan seminary, at Lima, New York. His legal education was obtained in law offices in Lockport and Rochester, at which latter place he was ad- mitted to the bar in 1855: he also began to practice there. He came to Wisconsin and located at Janesville in 1856, going into the office of David Noggie, and upon the latter's assuming the circuit judgeship succeeded to his business. Mr. Williams continued in practice with but little interruption until 1872. In 1868 he was chosen a presidential elector on the republican ticket, and a state senator; in 1870 he was re- elected to the senate: in 1872 was elected to Congress and four times re-elected. Soon after the close of his congressional career of ten con- secutive years Mr. Williams accepted a federal appointment which took him to Dakota, and he never resumed his residence in Wisconsin, but died at Watertown, South Dakota, March 30, 1892.
520
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
Mr. Williams is better remembered as a politician than as a lawyer. His reputation as a campaigner was excellent, and he did much work for his party in that line. His efforts were not confined to his own dis- trict or state: he was in demand by the committees of other states. Doubtless he was strong before juries in the days of his practice.
JOHN WINANS.
John Winans, one of the leading members of the Wisconsin bar and among the well-rounded and most forceful characters of the state, is a native of New Jersey, being born in Vernon, Sussex county, on the 27th of September, 1831. The family is of Dutch descent, its members be- ing among the pioneers of New Jersey. Mr. Winans' father, William R., and his uncle, Ross-the latter a prominent citizen of Baltimore- were men of enterprise and rare executive ability, and for many years were identified with the construction and operation of the railroad be- tween St. Petersburg and Moscow.
The boy and young man received his education-common as well as professional-in his native state, studying law at various offices in New- ton and Trenton. At the latter place he enjoyed the tutelage of Martin Ryerson, afterward distinguished as a judge of the circuit and state su- preme courts. In 1855 Mr. Winans was admitted to practice in all the courts of New Jersey, but two years thereafter (in the spring of 1857) removed to Janesville, Wisconsin, and commenced that long and sub- stantial career which has placed him in the van of his profession, whether he be considered as an advocate in cases civil or criminal. Eloquent and brilliant, at the same time he never allows his feelings or passions to cloud his judgment. Although there are few members of the bar who can so sway a jury, his artillery is trained with legal accuracy and rests solidly upon the evidence and the facts, and there is no member of the profession in southern Wisconsin who has taken part in more cases of importance and carried them to a successful conclusion than Mr. Winans. Of the noted suits with which he has been identified may be mentioned the mur- der cases of Mrs. Mack and Ashton, and the Edgerton bible and Jackman will cases.
When Mr. Winans first located in Janesville he became a member of
HISTORY OF THE BENCH AND BAR OF WISCONSIN. 521
the firm of Winans & Dixon, and subsequently formed the partnerships of Winans & McElroy, Winans & Fethers, Winans, Fethers & Jeffris, Winans & Hyzer, and Winans & Russell. At present he is senior mem- ber of the firm last named.
Mr. Winans is a democrat of even more than state reputation, al- though he is not considered a strong partisan. His political record dates back more than thirty years, when as a young man of thirty-three he attended the national democratic convention which in 1864 assembled at Chicago. In 1868 he was defeated as a candidate for Congress from the second district. This, however, was anticipated, as the district had always been decisively republican. Mr. Winans represented Janesville in the assembly in 1874, 1882, 1887 and IS91; was elected to Congress from the first district in the fall of 1882, overcoming, by his ability and popularity, the usual republican majority of about 5,000; and, at differ- ent times, has served his fellow-citizens in such positions of local trust as those of alderman, city attorney and mayor. Under his administra- tion as mayor most of the city improvements were established, such as water works, fire-alarm system, gates at street crossings, street cars, lighting of the streets by electricity, etc., etc.
In 1887 Mr. Winans received the democratic votes of members of the legislature for United States Senator in opposition to Philetus Saw- yer, and upon the assembling of the national convention of democratic clubs, held in Baltimore, on July 4, 1888, was made chairman of that body. He has upon several occasions been chosen as an elector on the national tickets, or a delegate to the national conventions.
From all of the foregoing it will be correctly inferred that Mr. Winans is a leader of men. It may be added that he is such by inherent strength of character, and that the offices which he has held have come to him as a free gift from the people.
ISAAC WOODLE.
Isaac Woodle was born at Washington, Washington county, Penn- sylvania, November 9, 1819, and lived there until he attained his ma- jority; was graduated from Washington college in 1840, and soon after-
-
522
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
ward became a resident of Janesville, Wisconsin, where he studied law and was admitted to the bar. Mr. Woodle gave much time to the build- ing of railroads, and was not extensively known as a lawyer. In 1861 he was active in raising a cavalry regiment for service in the civil war, and became quartermaster with the rank of major. His service in the army brought on an illness which caused his death April 3. 1862.
"He was a noble, generous, able and unselfish man, and while his talents made no great lasting impression on the annals of his time, his place in the hearts of his surviving peers is second to none."
CHAPTER XXVIII.
THE THIRTEENTH CIRCUIT, ITS JUDGES AND LAWYERS.
The legislature of 1881 created the thirteenth circuit, placing therein the counties of, Dodge, Washington and Ozaukee. Subsequently Waukesha county was transferred from the second circuit and added to the thirteenth. The first election for judge, held on the first Tues- day of April, 1881, resulted in the choice of A. Scott Sloan, who served until his death, in 1895, during his third term. Warham Parks was ap- pointed to fill the vacancy. He was succeeded by James J. Dick, the sitting judge.
THE BENCH.
A. SCOTT SLOAN.
A. Scott Sloan was born at Morrissville, Madison county, New York, June 12, 1820. His education was limited to that afforded by the com- mon schools and an academy at his birthplace. At eighteen years of age he engaged in the study of the law, and in 1842 was admitted to the bar at Utica. He served three years as clerk of one of the New York courts and, for a time, was register of deeds. His father is said, by E. P. Smith, to have been an eminent lawyer, and his brother, I. C. Sloan, has an enviable reputation at the bar of Wisconsin. A son, Harry C. Sloan, is a respected member of the Douglas county bar, and has served as a member of the popular branch of the legislature. Mr. Sloan practiced law at De Ruyter, New York, until 1854, when he removed to Beaver Dam, Dodge county, Wisconsin, where he ever after resided. Mr. E. S. Turner said in his address commemorative of the life of Mr. Sloan, that he came west, not because the field was not open, or the door had been closed to his advancement; that greater preferment than was accorded him in his adopted state awaited him on his native soil, where, though young, on every occasion he made a favorable test of the senti- ment of the people of his native county, but his removal westward was
523
524
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
made to restore his physical health, which was never robust. "Indeed, he informed me, that when he left the east he was willing to make a covenant of perfect satisfaction if he could be insured a continuance of life with his family and friends and fair health for a period of ten years."
Mr. Sloan formed a partnership with H. W. Lander. In 1857 Mr. Sloan was a member of the assembly from Dodge county. In 1858 he was appointed by Governor Randall to fill a vacancy in the judgeship of the fourth circuit caused by the resignation of Judge Larrabee. He served in that capacity about ten months, when he was succeeded by John E. Mann, now and for many years past county judge of Milwau- kee. The result of the contest between the candidates was close, Mr. Mann received 8,710 votes and Mr. Sloan 8,587. This election oc- curred in the spring of 1859. In the spring of 1860 Judge Sloan was placed in nomination as a candidate for chief justice of the supreme court in opposition to Luther S. Dixon, who sought a re-election. The result of this election, too, was close, Dixon receiving 58.508 votes against 58, 113 for Sloan. In the fall of 1860 Mr. Sloan was elected to Congress. He was a member of that body for one term. Mr. Lander said in his memorial address on Judge Sloan that he was an active and earnest supporter of the Union, and freely devoted his time, services and means to the relief of the suffering and wants of the soldiers. "He was fortunate in being the personal friend of Lincoln, Seward and Greeley, all of whom extended to him their confidence and respect and held him in high esteem." At the expiration of his term in Congress Mr. Sloan resumed the practice of the law at Beaver Dam, and held some minor offices. In 1864 he was appointed clerk for the federal court of this state, which position he held about two years, when he resigned. In 1868 he was appointed county judge of Dodge county and later was continued in that office by election, holding it about six years in all.
Politically Judge Sloan was a republican until the division in that party which resulted in the nomination of Horace Greeley for the presidency. In 1873 the democratic or reform party of Wisconsin nominated Mr. Sloan for attorney general, and he was elected, and re- elected after two years of service. During this period the right of the state to fix rates of fare and freight was questioned by the railroad com-
525
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
panies and the attorney general was therefore charged with the duty of maintaining the power of the state to do so. Though Mr. Sloan does not appear to have personally argued the case of Attorney General vs. Railroad Companies, he doubtless gave it such time and attention as the other duties of his office permitted. His service as attorney general was satisfactory to the people of the state.
In 1881 the thirteenth judicial circuit was created, and Mr. Sloan was chosen by a convention, as against Patrick O'Meara and others, as a candidate for judge; his election, without opposition, followed, as did his re-election in 1887. In 1895 Mr. O'Meara contested with Judge Sloan before the people for the office of circuit judge, with the result that the latter succeeded by a vote of 8, 190 as against 7,306. On April 8, 1895, Judge Sloan "solved the mystery of life and death and went from earthly courts to the great tribunal, there to receive the judgment of the Judge of all mankind."
H. W. Lander, president of the Dodge county bar association, and a long-time friend of Judge Sloan's, said of his character and services that the field was too broad to permit of his speaking of them at length, and made reference to the deceased as a man of great natural ability, unimpeachable integrity, "open as day to melting charity, full of the best and noblest impulses, commanding reverence and inspiring love. In his intercourse with the bar he was a model of fairness and courtesy ; his mind was legal, logical, penetrative and broad, and well adapted to the discharge of the duties of the judicial office: he believed in the metaphorical maxim that 'he who hangs to the letter, hangs to the bark.' The charm of his character and conversation, pure, earnest and lucid, impressed one with the greatness of the man. His sense of justice was quick and humane; his manner was patient, kindly and courteous; and so gentle was he when compelled to impose punish- ment that he seemingly was more pained than the offender. He im- plicitly believed in the Bible, in its God, and in all its teachings as the foundation of the law and as the loadstar of life. He was bidden to lay off the judicial armor, and he obeyed the command in the inspiring faith that it was but a summons to a higher and nobler work.
"Of strong personality, tall (six feet, four inches), striking and of
526
HISTORY OF THE BENCH AND BAR OF WISCONSIN. -
commanding presence, sensitive in his nature, quiet and retiring in his manner, studious as far as his weak constitution would permit, he was appreciated and beloved by all who knew him. By fidelity to the court, by a diligent performance of his duties, by the integrity of his daily life he gained that position at the bar which justified his elevation to the bench. His large experience as a lawyer gave him great facility and resources as a judge. No rude or unkind word ever passed his lips. 'He was ever mindful of the courtesy which should be maintained be- tween the bench and the bar; the youngest and least experienced re- ceived the same kindness and forbearance as the most able and most learned. Although he lived beyond the span allotted by the psalmist, his mental vigor remained strong and his faculties unimpaired; and without weary or exhausting sickness or slow gradations of pale decay, in accordance with his oft-expressed wish, the end came and our home and the foreign press, in startling lines, announced 'Wisconsin's giant jurist, dead.' "
Others of the bar of Judge Sloan's circuit, including S. S. Barney, James J. Dick, D. J. Hemlock, James E. Malone, Patrick O'Meara, T. W. Parkinson, George W. Sloan and E. S. Turner made eulogistic re- marks at the bar meeting held at Juneau June 5, 1895. G. W. Hazle- ton, of Milwaukee, and E. P. Smith, of Omaha, Nebraska, in former days intimately associated with Judge Sloan, paid tender and beautiful tributes to his memory as a man, lawyer and judge. Charles E. Dyer, of Milwaukee, and John M. Thurston, of Omaha, Nebraska, sent letters of regret because of their inability to be present. On the 2d of Sep- tember, 1895, S. S. Barney presented to the supreme court the memorial of the bar on the death of Judge Sloan, and paid eloquent tribute to his memory.
WARHAM PARKS.
Warham Parks was born on the fifth day of November, 1840, at Milwaukee, Wisconsin, and is, therefore, a native of this state.
He received an academic education and was fully prepared for col- lege when the great civil war broke out. He first enlisted in the Oconomowoc guards, of which he was elected an ensign. This com-
5.27
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
pany dissolved and he became second lieutenant of Dane county guards, afterward company K of the third Wisconsin volunteers.
He was present with his regiment at the battles of Winchester, Cedar Mountain, Chantilly, South Mountain, Antietam (where he was wounded), Chancellorsville and Gettysburg. Afterward he came west with the twentieth corps and participated in all the operations of Sher- man's army to the final surrender of Atlanta, during which time he was on many detachments in the inspector general's department. In No- vember, 1864, he was appointed provost marshal general of the twentieth corps, in which position he served till the close of the war. He was respectively promoted to first lieutenant, captain, major, and brevetted a lieutenant colonel for gallant and meritorious service in the campaigns of Georgia and the Carolinas.
After the war Judge Parks pursued the study of the law, and was admitted to the bar in March, 1867. He has followed the profession at Oconomowoc, Wisconsin, since that date; has a large and wealthy clientage and always has been considered an unusually successful practi- tioner.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.