USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 9
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Judge Pulling was judge of the third judicial circuit from January, 1867, to October, 1884, having been first elected to succeed Judge Mann, who had occupied that position since 1859. In those early days conflicts over the removal of the seat of county government were not unusual, and one of the first causes that was tried before the new judge was the somewhat celebrated case of State ex rel. Hopkins vs. Olin, growing out of an election on the question of the removal of the county seat of Green Lake county. Eminent counsel appeared at the trial, and several new and important rulings made by Judge Pulling, after- wards affirmed by the supreme court, resulted in a radical change in the conduct of campaigns and elections, and terminated the practice then in vogue throughout the state of appointing special deputy clerks for the purpose of taking declarations of intention to become a citizen.
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In 1871 Judge Pulling was a candidate for the office of associate justice of the supreme court of the state. When first called to be a candidate he peremptorily declined, but later, having been further solicited by many distinguished lawyers throughout the state and the democratic members of the legislature then in' session, yielded. The contest be- came largely a political one, and he was defeated by something less than the usual republican majority.
Judge Pulling was rapid in the disposition of the work of the court. He not only listened to everything that took place during the trial, but he studied the case as the trial proceeded, and seemed to com- prehend the nature of the testimony to be offered, even before the wit- nesses were called. While the attorneys were engaged in selecting a jury he carefully read the pleadings and proceedings, and as the case proceeded it found him ready to appreciate the materiality of the evi- dence and the importance of every suggestion of counsel. His memory was most excellent, his knowledge of the principles of law well grounded, and for these reasons he was unsurpassed in his ability to properly charge a jury. He could state to them the testimony of any witness almost verbatim, without reference to his notes or calling upon the official reporter, and he so guided the deliberations of his juries that it was seldom that they fell into error or rendered a verdict that was unsatisfactory to the court. He decided every question promptly and with the appearance of every confidence in the correctness of his posi -. tion. He soon earned the reputation of being one of the very best of nisi prius judges, and his reputation was by no means confined to his own circuit. In 1870, by the earnest solicitation of the Winnebago county bar, that county was detached from the tenth judicial circuit and added to the third, and as judge of this newly constructed circuit Judge Pulling heard and disposed of a large amount of the important litigation of the then rapidly growing northern part of the state. A good judge makes a good bar, and the bar of the third judicial circuit reflected the ability of the court. Judge Pulling's early practice was at a time when law books were less numerous than at present. In fact, he was distinguished as a member of the Columbia county bar when there were but two volumes of the Wisconsin reports. Of a necessity
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he was not a case lawyer; by preference, he was not a case judge. It was immaterial to him what some other court or judge had decided, unless the decision was in accordance with his understanding of the principles of the law. Perhaps this is well illustrated by his decision at the circuit, in Kent vs. Lasley, reported in the forty-eighth Wiscon- sin, page 257. Kent vs. Agard, reported in the twenty-second Wiscon- sin, involved precisely the same controversy, with reference to the same subject matter. When, on the trial of the last case, counsel urged upon his attention that the same question, both as to law and fact, had been settled by the supreme court, he replied: "With all due deference to that court, I am still of the opinion that the judges were in error, and I shall insist on giving them another opportunity to examine the law." Such opportunity was given, and the supreme court receded from its earlier position and affirmed Judge Pulling.
Judge Pulling was naturally a courteous gentleman, and was espe- cially kind and considerate to the younger and less experienced mem- bers of the bar. Many of those whose hair now is streaked with gray will ever remember his early kindness, and their genuine affection for the judge nothing can disturb. His kindly suggestions, of value then, of continued and increasing value as their practice has extended, are cherished by those who were admitted in his court.
Judge Pulling seldom received the benefit of a suspicion that he . might be mistaken as to the law. The lawyer who came from his court room with the sting of defeat, still imbued with the idea that he was in the right, would only mutter, "Pulling knows better." In the latter years of his service his health failed him; for this reason he was sometimes irritable and considered by some dictatorial, and his rela- tions with the bar, or, rather, some members of it, became less cordial, but in the spring of 1884 he was re-elected by an overwhelming ma- jority, although he never qualified, and in October of that year re- signed. His ill health continued, and in 1886 he was induced to try a trip to Florida, and was so well pleased with the climate and the bene- ficial results to himself that he removed there with his wife in the fall of 1887, and still resides there. Judge Pulling was twice married, his first wife dying in the east, before his removal to Wisconsin. His sec-
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ond wife was Susan A. Webster, who came to Wisconsin with her father from New Haven, Connecticut, in the early '40s, and who died in Florida in the spring of 1896.
ELI C. LEWIS.
The resignation of Judge Pulling, in 1873, left the office of judge of the third circuit vacant. This vacancy was filled by the appointment of Eli C. Lewis, a resident of Dodge county, who served the greater part of a year, when Judge Pulling resumed his seat upon the bench. His resignation, it is understood, was made in order that he might, by re- election, be able to secure the increased salary provided by chapter 65, laws of 1873, which expressed that "in lieu of the salary now provided by law, judges of the circuit court shall, when entering upon a new term of office after the passage of this act, be entitled to receive a salary of three thousand dollars a year."
Mr. Lewis was born at Greenfield, Huron county, Ohio, August 24, 1822. Until he attained his eighteenth year he attended school. Soon after he left home, and commenced the study of the law in Norfolk, Ohio. In 1844 he was admitted to the bar of the supreme court of Ohio. In March, 1848, he came to Wisconsin and settled at Oak Grove, Dodge county; in 1849 he removed to Juneau, in that county, where he resided until his death, February 27, 1889. For fourteen years Mr. Lewis was district attorney; for several terms a member of the county board, presi- dent of the village of Juneau, and mayor of that city continuously from its organization until his death. His practice at the bar covered the whole period of his residence in the state, except the brief time he was circuit judge.
The memorial of the Dodge county bar says of Judge Lewis that "he was a good lawyer, possessed of good judgment; he intuitively seized upon the strong points of his case and exposed the weak ones of his adversary with a force of expression with which few men are gifted. The client who had him for his counsel was sure of having no points overlooked that would benefit his case; he was at all times court- eous to the court and his opponents at the bar, but was bold in maintain- ing the rights of his client, whatever the consequences to himself. He
Vol. f.I .- 6
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was quick to appreciate merit in others, and always had a kind word for his brethren of the bar. No man had less of professional jealousy. Es- pecially was he kind and considerate to the younger members of the bar, manifesting an interest in their success, and ready with words of encouragement and advice."
Judge Lewis left surviving him two sons, P. G. Lewis, now of the Milwaukee bar, and K. C. Lewis. ·
GEORGE W. BURNELL.
George W. Burnell, who has served with distinction as judge of the third judicial circuit of Wisconsin, was born in St. Albans, Vermont, December 19, 1839, and is the son of Elias Burnell, a farmer and lumber- man of that region. His ancestors on the paternal side were among the early colonists of Massachusetts, and of English descent. His mother -who, before her marriage, was Miss Margaret Olives-came of a New York family, of Knickerbocker antecedents.
Brought up on a farm, he received his early education in the com- mon schools and academies of Vermont and New York, and completed it in New Hampshire institute at Fairfax, Vermont. He then took a course in the Albany law school and was graduated from that institution in the class of 1861. In 1862 he enlisted as a private in the tenth regi- ment of Vermont volunteer infantry, and was appointed second sergeant of company F of that regiment when the company was organized. January 19, 1863, he was promoted to second lieutenant of company C, and served in that capacity during the next year, participating in all the engagements of the regiment and experiencing all the phases of a soldier's life.
In January of 1864 he accepted a discharge from the regiment in which he had served up to that time and was appointed to the cap- taincy of company C, in the nineteenth regiment, U. S. C. I. Joining his regiment at once in the field, he was in active service during the campaign of 1864. The regiment was attached to Brigadier General Ferrero's division of the corps commanded by Major General A. E. Burnside, and achieved distinction for its bravery and fighting qualities in the campaigns of that year. It was this regiment which made a most
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gallant charge and subsequently a hopeless fight in the ragged crater formed by the springing of the mine in front of Petersburg, July 30, I864.
In that unfortunate engagement Captain Burnell's company suf- fered severely, many thereof being killed, wounded and made prisoners. Left without support in a most perilous position, they kept up a brave struggle until ordered to retreat, many officers and men having per- ished. Captain Burnell, himself, was severely wounded and it was some time before he was able to again assume command of his company. During the winter of 1864 and 1865 he participated in the siege of Richmond, his regiment being attached to that portion of the army which operated on the north side of the James river, and was known as the "Army of the James." He continued in the field until February, 1865, when he resigned his commission and retired from the service with a record creditable to him alike as an officer, a soldier and a loyal de- fender of the Union.
Immediately after the war he came to Wisconsin and, locating in Oshkosh, began the practice of his profession, for which he had fitted himself before the war began. Opening a law office in that city he soon attracted to him considerable clientage, and steadily grew in popu- lar favor, both as lawyer and citizen. Being chosen district attorney of Winnebago county, he became conspicuous for the zeal and ability with which he discharged the duties of that office, for his honorable methods of practice, and for his vigorous and able prosecution of criminals. In 1884 a vacancy occurred in the judgeship of the third judicial district and Jeremiah M. Rusk-then governor of Wisconsin-appointed Cap- tain Burnell to fill the unexpired term.
Although a comparatively young man, Judge Burnell took his place upon the bench, admirably equipped by nature, education and legal training for the discharge of judicial duties. A spirit of fairness in all things was one of the distinguishing traits of his character, and his sense of right and justice dominated all other considerations in reaching con- clusions, in cases at bar. That he had a broad grasp of the spirit and scope of jurisprudence, was evidenced early in his judicial career, and both the bar and the general public of the circuit looked with favor upon
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his decisions and his conduct of the business of the court. As a result of this sentiment, he was elected his own successor for a full term in 1885, and re-elected in 1890 and 1896. Added years of service have increased his usefulness as a member of the state judiciary and given him a high standing among his contemporaries and associates on the bench. A republican in his political affiliations, he was somewhat active in politics during the early years of his residence in Oshkosh, but has taken no part in political campaigns since his elevation to the bench, believing political activity to be incompatible with the impartial exercise of judicial functions.
In addition to his prominence as a lawyer and a jurist, Judge Burnell has become well known throughout the state by reason of his con- nection with the veteran military organizations, being a member of the Grand Army of the Republic and also of the Loyal Legion; he served as senior vice-commander of the Loyal Legion in 1887 and as its com- mander in 1888. His labors in the preparation of reference digests to the reports of the supreme court have also added to his reputation. His first edition, published in 1889, covered volumes 55 to 73, both inclu- sive; the second, published in 1895, covered volumes 55 to 87, both in- clusive. These works are a continuation of Starr's digest, and have proven themselves, by general use, to be accurate and great labor- savers.
In 1864 Mr. Burnell was married to Miss Carrie Morgan, daughter of Stephen B. Morgan, a Vermont lady by birth.
THE BAR.
CHARLES BARBER.
Charles Barber was born in Burlington, Vermont, September 2Ist, 1851, and is the eldest son of Doctor Ammi P. Barber, a distinguished physician. His mother-who, before her marriage, was Miss Kimetia Emily Noyes-was a daughter of Judge Breed Noyes of Hyde Park, La Moille county, Vermont, and both of his parents belonged to old New England families, the original Noyes ancestor in this country, a clergy- man, moving from Salisbury, England, to Connecticut in 1634. His
CharlesBabun
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father was a native of Vermont and his grandfather was one of the early settlers of the "Green Mountain" state. Antecedent ancestors were among the colonists of Connecticut, and the descent of this branch of the Barber family in America is from an immigrant ancestor who came to this country from the north of Ireland.
Doctor Ammi P. Barber removed to Oshkosh, Wisconsin, in 1857, and the son Charles was therefore brought up in that city. He ob- tained his early education in the public schools, and was a member of the first class graduated from the Oshkosh high school. Mr. Arthur Everett, a scholarly and accomplished gentleman, was then principal of the high school, and after being graduated from that institution, Mr. Barber entered upon and completed the equivalent of a collegiate course of study under his private tutorship. While pursuing this course of study, he also began the study of law in the office of Earl P. Finch, one of the leading members of the old bar of Oshkosh. He was assistant and vice-principal of the Oshkosh high school three years, and in 1873 went to New York city where he took the full course in the Columbia law school. Returning to Wisconsin, he was admitted to practice in the circuit court of Winnebago county, in the summer of 1874, and im- mediately thereafter formed a copartnership with his former preceptor, Mr. Finch. The partnership continued up to the time of Mr. Finch's death, in 1888, and the firm thus constituted was long recognized as one of the leading law firms in northern Wisconsin.
From September, 1874, to September, 1875, Mr. Barber filled the office of inspector of the city schools of Oshkosh-corresponding to the present office of superintendent of schools; has served as school commissioner one term, and in 1883 held the office of city attorney. With these exceptions he has held no official positions, and while he has always been a democrat of pronounced views in his political affiliations, and has been conspicuous in the councils and conventions of his party, he has persistently refused any kind of official preferment. Having devoted himself assiduously to the practice of his profession, his prestige and influence as a member of the bar has steadily increased, and al- though still a young man he has taken rank among the ablest and most successful lawyers of the state.
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While he has become specially noted locally for a thorough, com- prehensive knowledge of municipal law, corporation law, and commer- cial law, which has been evidenced both in the conduct of litigation and in the capacity of counselor, he has been recognized by his profes- sional contemporaries in general as a well-rounded, well-equipped law- yer in every branch of the practice. He has apparently sought to avoid the criminal practice, but in two or three famous criminal cases tried in the courts of Wisconsin within the past few years, he has achieved dis- tinction for the zeal and ability manifested in the discharge of a not al- together agreeable professional duty. His civil practice has grown to large proportions and extends into the higher courts of Wisconsin and other states, and into the United States courts. In 1877 he argued his first case in the United States supreme court, the case being one which involved the title to school lands in Indian reservations, and set- tled issues of much importance in the state of Wisconsin.
Mr. Barber is, and has been for many years, local attorney of the Chicago, Milwaukee & St. Paul Railroad company, and also of the Chicago & Northwestern Railroad company. He is also the senior member of the firm of Barbers & Beglinger, composed of himself, Mr. Henry Barber, his brother, and Mr. Frederic Beglinger.
Belonging to the class of lawyers who believe that controversies growing out of business transactions should be adjusted in the most business-like way, Mr. Barber's first-class business qualifications may be said to have contributed largely to his success as a lawyer. Prepared by a thorough knowledge of the law and the processes of litigation, to defend the interests of his clients at the bar, he has at the same time always sought to reach the best results obtainable, in the quickest and most direct way, and in this busy age, the lawyer who does this is bound 'to commend himself to the public. He has striven to keep clients out of court rather than to get them into court and at the same time, when put to the test, he is seldom overmatched asa jury and trial lawyer. Quick-witted, resourceful, courageous and vigilant, he is prepared al- ways to contest every inch of ground, and few practitioners in northern Wisconsin have established a reputation for reaching with greater di- rectness and precision the vital points of the case. A lawyer of fine at-
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tainments, he is also a student of general literature, and his reading has covered a wide and varied field.
. Identified with numerous business interests in Oshkosh, Mr. Barber was for ten years president of the street railway company of that city, is a director of the National Union bank, was one of the organizers of the German National bank, is a stockholder in that and other banking institutions, and is now president of the Times publishing company, publishers of the "Oshkosh Times," one of the leading democratic news- papers of northern Wisconsin.
He was married in 1879 to Miss Daisy C. Jenkins, a daughter of Captain James Jenkins of Oshkosh. Mrs. Barber died in 1891, leaving four daughters, and in 1893 Mr. Barber was again married, to Miss Mary B. Billings of Oshkosh.
FRANK JUNIA BARBER.
Frank J. Barber of Oshkosh, senior member of the law firm of Barber Brothers, was born at Wardsboro, Vermont, December 7, 1850, his parents being Junia D. and Sarah (Smith) Barber. His father, an agriculturist, was born in Wardsboro, Vermont, where he lived until 1868. He then moved to Townshend, Vermont, residing there until 1882, when his wife, the mother of our subject, died. After her death, he made his home with his sons and daughter, passing away at the residence of A. J. Barber, Oshkosh, on the 22nd of November, 1895. at the ripe age of nearly eighty-four years.
Through his grandmother (Rhoda Cushing), Frank J. Barber is descended from Mathew Cushing, of Norfolk, England, who in 1638 be- came a resident of Hingham, Massachusetts. It is well known to all who have read American history that the Cushings are among the most learned and honored of the families who have acquired national fame. It is said that Harvard College graduated thirty scholars of that name prior to 1825, and we have but to mention Caleb Cushing, of the Massa- chusetts supreme court, and William Cushing, judge of the United States supreme court, to indicate but two of Mr. Barber's distinguished ancestors.
The subject of this sketch was educated at the public schools of his
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native town, at Leeland & Gray Seminary, Townshend, Vermont, and at Green Mountain Perkins Academy, Woodstock, Vermont. He taught school for six years, but the career of a pedagogue, honorable though it is, was not suited to his disposition. It was utilized, in fact, but as a means toward an end, viz .: to master and to practice the pro- fession of the, law. As he taught, therefore, he studied, buying the law books required from the proceeds of his salary. During vacations, in- stead of resting as he might from his labors, he worked upon the farm, endeavoring in every way possible to gather a fund for a regular legal education. Such determination and industry were not unrewarded, for he was enabled in March, 1874, to enter the Albany Law School, possessed of a good law library, and in April, 1875, he graduated from that institution with about $100 of cash in his pocket, and, what was of more importance, a will and an ability to succeed in the inevitable strug- gle before him. Soon after his graduation, he was admitted to practice in the courts of the states of New York and Vermont. In June, 1875, Mr. Barber opened a law office at Hinsdale, New Hampshire, during the same year being admitted to practice before the supreme court of the state. He thus continued until October, 1882, the result at that time being that he had secured the largest and most lucrative business en- joyed by any member of his profession in the county. A. J. Barber, his brother, had in the meantime been admitted to the bar and removed to the west, locating at Oshkosh, Wisconsin. The reports sent to Hins- dale were of so encouraging a nature that F. J. Barber decided to locate there himself and form a partnership with his brother. This was ac- cordingly done, Barber Brothers opening their office on the Ist of Janu- ary, 1884. F. J. Barber is the senior partner and has never regretted his decision in coming west and locating at Oshkosh. Both members have attended closely to business, have been reasonable in their legal charges, and courteous to their patrons, with the result that they now enjoy a very large clientage and lucrative practice.
The specialty of the firm, in recent years, is insurance law, although they still do a large probate and general business. Among the import- ant suits with which they have been identified may be instanced M. T. Battis, Administrator, vs. Provident Savings Life Assurance Society of
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New York, and J. A. Fay and Egan Co. vs. The Northwestern Car and Machine Company and others, in both of which they were successful.
Mr. Barber is interested in several financial enterprises which are well known throughout the state, such as the German National Bank of Oshkosh, of which he is director, and of which the firm are the attor- neys; the Peoples Building and Loan Association, the largest institution of the kind in the city, of which he is director and secretary. With his brother, he is also largely interested in real estate and recently platted a new addition to the city of Oshkosh under the name of Barbers and Forward's Re Plat.
Mr. Barber is a consistent republican, having from the first taken an active part in local and state politics. At present he is chairman of the city republican committee and a believer in the financial and protective policy of the party. He has been a Mason for sixteen years, joining the order in Vermont, where he continued his membership for thirteen years after coming to Oshkosh.
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