USA > Wisconsin > Milwaukee County > Memoirs of Milwaukee County : from the earliest historical times down to the present, including a genealogical and biographical record of representative families in Milwaukee County, Volume I > Part 57
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Judge Mallory was admirably fitted by character and training for the duties of Municipal judge. Educated for the bar in Buffalo, N. Y., he came to Milwaukee in January, 1851. after a brief practice in his native state. He was elected district attorney of the county in 1854. and re-elected in 1856 without opposition. As judge he was prompt,
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able, efficient and fearless ; dealing out justice fairly and impartially, but with a positiveness and decision which struck terror to the hearts of the criminal classes.
In 1865 the legislature gave the court jurisdiction, concurrent with the Circuit court, of all actions for breach of any recognizance given in the court in any criminal prosecution, requiring, however, that a tran- script of the judgment in any such action should be filed and the judg- ment docketed in the office of the clerk of the Circuit court of the county to make it a lien on real estate. In 1879 the jurisdiction was further enlarged so as to be "concurrent and equal with the Circuit court of the county in all cases of crime and misdemeanors arising in the county." Judge Mallory was succeeded as Municipal judge in January, 1890, by Hon. Emil Wallber, and the multifarious powers and functions of the Municipal court remained unchanged until the legisla- tive session of 1895. when the office of police justice was again created and vested with the usual powers and jurisdiction of such inferior courts. The Municipal court, over which Judge Wallber was again chosen to preside at the April election of 1895. retained only its appel- late jurisdiction and its power, concurrent with the circuit court, for the trial of informations and indictments. Judge Wallber served as Municipal judge until May 20, 1900, when, having been elected at the preceding April election to the position of County judge, he resigned the Municipal judgeship. On the following day, Governor Scofield filled the vacancy by the appointment of Alvin C. Brazee, who was elected to the position at the April election of 1901. was re-elected in 1907. and is the present incumbent.
By an act of the legislature, approved March 26, 1897, the police court was given exclusive jurisdiction to try and sentence all offenders against the ordinances of the city of Milwaukee, and it was also given exclusive jurisdiction to try all misdemeanors arising in said city of Milwaukce, and triable before a justice of the peace ; and to issue war- rants for the apprehension of persons charged with the commission of offenses in said city of Milwaukee, and not triable before a justice of the peace and to examine such alleged offenders and commit or hold them to bail, the same as a justice of the peace might otherwise do.
By an act of the legislature, approved April 19, 1899, the county of Milwaukee was declared to be a judicial district for the purpose of establishing a District court therein, to have jurisdiction over and throughout the extent of the city and county of Milwaukee, and all the cities, villages and towns in the county. It was made a court of record, and it was provided that on the first Tuesday of April, 1901, and on the same day of the same month each six years thereafter. the qualified
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electors of the county should elect a suitable person to the office of judge, to be called "district judge." The official term was made six years, beginning the first Monday of May next succeeding each election. The district court was given exclusive jurisdiction to try and sentence all offenders against the ordinances of the city of Milwaukee, and also to hear, try and determine all charges for offenses arising within the county, wherein the punishment does not exceed one year's imprison- ment in the state prison or county jail or a fine of $500, or both such fine and imprisonment ; to hear, try and determine all charges for misde- meanors arising within the county, otherwise triable before a justice of the peace; and to issue warrants for the apprehension of persons charged with the commission of offenses in the county and not triable before a justice of the peace, and to examine said alleged offenders and commit or hold them to bail, the same as a justice of the peace might otherwise do. All examinations, recognizances and commitments for trial in the district court in criminal cases, not otherwise triable be- fore a justice of the peace, were made returnable to the Municipal court of the city and county instead of the circuit court, and appeals were also to be made to the municipal court. It was further provided that the court known as the "police court" should be discontinued on the first Monday of May, 1901, and all business pending therein should be transferred to the newly-created "District court."
Upon the re-establishment of the police court in 1895, Neele B. Neelen was elected to the position of Police Justice and served in that capacity for a term of six years until the court ceased to exist, the first Monday in May, 1901. At the April election in the last-named year he was elected judge of the District court, was re-elected in April, 1907, and is the present incumbent of that position.
DISTRICT ATTORNEYS.
Following is a list of those who have held the office of district attorney in Milwaukee county with the year of their election, since the establishment of the state government in 1848. In a number of cases the occupancy of this office has been the beginning of a distinguished career in the law: 1848, A. R. R. Butler ; 1854, James A. Mallory ; 1858, Dighton Corson ; 1860, Joshua Stark : 1862, S. Park Coon ; 1864, J. P. C. Cottrill; 1866, Cornelius K. Martin ; 1872, Frederick Riet- brock; 1874, Cornelius K. Martin ; 1876, Jared Thompson, Jr. ; 1878, Jefferson C. Mckinney ; 1880, W. C. Williams; 1882, John M. Clark ; 1884, W. C. Williams ; 1886, John W. Wegner; 1888, John Toohey; 1890, Clarence S. Brown; 1892, Leopold Hammel; 1894, Alvin C.
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Brazee : 1900 (appointed to fill vacancy ), - Van Dyke; 1900, Wil- liam H. Bennett ; 1904, Francis E. McGovern ; 1908, August C. Backus. Some of these gentlemen are mentioned biographically in other chap- ters of this work, and some are to be found among those given extended mention in the biographical volume. A reference to the index will en- able the reader to find any sketch given, and it is not thought necessary to repeat them here.
Ammi R. R. Butler was born in Fairfield, Vt., Sept. 4, 1821. The removal of his parents to the state of New York occurred a year later, and he grew to manhood in the midst of environments admirably adapted to the quickening of mental, moral, and physical development. He was educated at a famous old-time academy in the village of Alex- ander, having as his companions and compeers such men as Frank Lee Benedict, the novelist; Robert Stevens, the lawyer and railroad prince of Kansas ; William Tilden Blodgett, the principal founder of the Metro- politan Museum of Art in New York; Lyman C. Draper, the former mainstay of the Wisconsin Historical Society at Madison, and Thomas M. Cooley, the late eminent jurist of Michigan. Under Richard S. Blennerhassett, a lawyer of great ability, Mr. Butler studied for the bar. He completed his preparation for his chosen profession in Buf- falo in the spring of 1846 in the office of Hiram Barton, and in the autumn of the same year removed to Milwaukee. The impression which Mr. Butler made upon the bar at the outset of his career was favorable, and about two years after he opened his office he was chosen district attorney of Milwaukee county. He was twice re-elected dis- trict attorney and refused further tender of the office when more profitable civil practice began to engross his time and attention. In 1869 he was urged to contest the chief justiceship of the state against Luther S. Dixon, and was nominated by a Democratic legislative cau- cus, but he inflexibly declined the candidacy and published his refusal throughout the state. In 1876, the centennial year, the desire was gen- eral in Milwaukee that a man of marked ability should occupy the office of mayor of the city, and against his inclination and repeated protests, he finally accepted the nomination thus tendered, and he was elected without opposition, a compliment never before or since paid to a can- didate for the mayoralty of Milwaukee. He proved, as the people had expected, an ideal official, but at the close of his term sought the re- tirement to which his years of earnest and successful effort entitled him. At the conclusion of his professional career he retired to his country home, and resided there until his death, May 1, 1899. He succeeded Jonathan E. Arnold as president of the Bar Association of Milwaukee county, and held that position for many years, occupying it some time after he had retired from active service.
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Jedd P. C. Cottrill was born in Montpelier, Vt., April 15. 1832. He was carefully educated, being fitted for college in one of the academies of Montpelier, and graduated at the University of Vermont in 1852. After his graduation he taught school for a time and then studied law. Upon being admitted to the bar he began the duties of an attorney in Montpelier, remaining there until 1855, when he came to Milwaukee and, excepting the years from 1867 to 1870, he practiced law here continuously until compelled by illness to retire from active professional work. In 1865 and 1866, he was district attorney of Mil- waukee county ; for several years he served as United States court com- missioner, and in 1878 he was one of those appointed to revise and cod- ify the statutes of Wisconsin. He also served one term as a member of the state senate, to which body he was elected as a Democrat in 1882. With these exceptions he held no public offices of a political character, but for four successive years he was honored with the office of Grand Master of the Grand Lodge of Masons of this state, and had other distinctions conferred upon him by that fraternal organization. The death of Mr. Cottrill occurred on Feb. 8, 1889, after four years of suf- fering, and the tributes paid to his memory on the occasion of his funeral, and by the bar association and other organizations on memorial occasions, testify to his high character as a man and his superior ability as a lawyer.
W. C. Williams was born in the town of Darien, Walworth county, Wis., on April 7, 1852. He received his elementary schooling at that place, and subsequently attended Ripon College, coming in 1870 to Milwaukee, where he gained his first acquaintance with the science of law under the tutelage of Senator Matt H. Carpenter, in the office of Carpenter & Murphy. Later he read law with Butler & Winkler and in 1873 formed the firm of Williams & Merrill. After the dissolution of this firm he practiced alone for a time, and in 1878 became asso- ciated with A. R. R. Butler, in the firm of Butler, Williams & Butler. Later he formed a partnership with Eugene S. Elliott, under the style of Williams & Elliott, and still later he formed a partnership with Al- bert B. May, the firm name being Williams & May. Mr. Williams was a prominent member of the Knights of Pythias, and in 1884 was grand chancellor of that order in this state. He was a lover of literature, and his scholarly tastes added not a little to the adornment of his for- ensic style, though his success at the bar was less dependent upon eloquence, in which he had abundant gifts, than upon his wonderful resources of technical knowledge and his marvelous readiness in its application. His knowledge of men, and his impassioned, carnest speech, gave him enormous power before a jury. His wide acquaint-
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ance and his talent for practical management more than once in state conventions enabled him to make combinations that could not be over- turned, and the Republicans, with whom he always worked, recognized him as an influential member of their party.
MEMBERS OF THE BAR.
The bar of 1836 included Jonathan E. Arnold, John H. Tweedy, Horatio N. Wells, Clinton Walworth, Hans Crocker, William N. Gard- ner and John P. Hilton. Arnold, Tweedy and Walworth had but just attained their majority. Wells and Crocker were both under the age of thirty. The latter, born in Ireland, was brought to the United States when very young, and spent his youth in Utica, N. Y., where he received an academic education. Gardner and Hilton are both reputed to have been men of superior ability and professional attain- ments. Hilton ranked high among his fellows, and for a brief time was associated in practice with Mr. Arnold as senior partner. His death which occurred in August, 1838, was a serious loss to the community. Gardner was appointed the first district attorney of the county in 1836 by Governor Dodge, and was a prominent citizen and leading lawyer until he died in August, 1839. "universally esteemed for his kindness of heart and urbanity of manner," and as a man "irreproachable in his private character."
Don A. J. Upham came to the city of Milwaukee in 1837 and his professional and public life covered a period of more than thirty years. He was born in Weathersfield, Windsor county Vermont, May 31, 1809. When he became sixteen years of age his father asked him if he could . determine on what business or calling he would select, and after some deliberation he chose the profession of law. He was then immediately sent to the preparatory school at Chester, Vt., and afterward to Meriden, N. H., and at the age of nineteen he en- tered the sophomore class at Union College, New York. He graduated in 1831 with the highest standing in a class of about one hundred. In the September following he entered the office of Gen. James Tallmadge, in the city of New York, as a law student. After about six months, on the recommendation of President Nott he was appointed assistant pro- iessor of mathematics in Delaware College, at Newark, in the state of Delaware. He held this position for three years, during which time he wrote editorials for the Delaware Gazette, then the leading Democratic paper of Delaware, and at the same time he had his name entered as a law student in the office of the Hon. James A. Bayard, of Wilmington, Del., late United States senator from that state. In 1835, after attend-
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ing a course of law lectures in the city of Baltimore, he was admitted to the bar and commenced the practice of law in the city of Wilming- ton. He was elected city attorney of Wilmington in 1836. From 1834 to 1837 he was editor and proprietor of the Delaware Gazette and Amer- ican Watchman, published at Wilmington. In the spring of 1837 he started for the West, and in June arrived in Chicago by the route of the upper lakes. In company with two friends he traveled through Illinois in a farmer's wagon by the way of Dixon's ferry, camping out as occasion required, and arrived at the Mississippi near the mouth of Rock river. He visited Burlington and Dubuque, now in the state of Iowa, and also the mineral regions in western Wisconsin, and endeav- ored to find some conveyance east through Wisconsin to Milwaukee, but was unable to do so, and was obliged to return by way of Galena to Chicago, and from there by steamer to Milwaukee. His first case of any importance was one of sale of real estate on execution, and as Judges Frazer and Irwin were out of the territory he was obliged to go to Elk Grove in the western district to obtain a writ enjoining the sale of the land. He started to make the trip on horseback late in Novem- ber, with barely time in which to return and prevent the proposed sale. He reached Mineral Point and Elk Grove without difficulty, had his writ allowed by the judge, and on his return to Sugar river found he had but two nights and one day before the sale in which to reach Milwaukee, a distance of about 100 miles. He started east for the Janes settle- ment, where Janesville now stands, early in the evening, and as he reached the prairie he found that in places it was on fire, and with difficulty he pursued his route. For several hours he wandered in various directions without knowing where he was going. By watching the stars he was able to pursue a course as far as practicable in an easterly direction, and at last reached Rock river, about two miles south of Janesville. He arrived at Milwaukee about one hour before the sale, to the astonishment of the opposing counsel and great joy of his client. who had long been anxiously awaiting his arrival. Mr.
Upham was also employed in the important case of Gilman vs. Rogan, before the land office, in proving up a pre-emption to the site of the present city of Watertown, and also, among others, in obtaining a pre- emption to the land where the city of Beloit is located. He was several times a member of the Territorial council at the earliest sessions of the legislature at Madison. He was a member of the first convention that was called to form a constitution for the state of Wisconsin, and was elected president of that body. He was nominated by the Demo- cratic party for governor of the state as the successor of Governor Dewey, but his opponent was elected by a small majority. He was
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twice elected mayor of the city of Milwaukee, being the successor of Juneau and Kilbourn. He was afterward appointed United States attorney for the district of Wisconsin, an office which he held for one term of four years, and after thirty years' successful practice in Mil- waukee he was compelled by ill-health to retire from the profession. Mr. Upham died in Milwaukee, July 19. 1877, and rests in Forest Home cemetery.
In 1838 Wilson Graham came from Ashtabula, Ohio, at the age of twenty-three. Of Irish birth, he was educated in Ohio and there admitted to the bar in 1837. A law partnership formed by him with Mr. Upham continued until 1864, when the failing health of Mr. Up- ham compelled a dissolution of the firm. In 1839 came Hon. Andrew G. Miller, the newly appointed district judge, with his family; also Asahel Finch, Jr. The last-named gentleman, who passed away on April 4, 1883, was at the time of his death a member of the oldest law firm at the Milwaukee bar, his partnership with William Pitt Lynde being probably the longest continued law partnership in the history of the western bar. Mr. Finch, who was a native of New York state, was born at Genoa. Cayuga county, Feb. 14, 1809, and came of as brave and hardy a race of pioneers as ever contributed to the upbuilding of new communities or commonwealths. His early education was received in the common schools in the neighborhood in which he was reared. and in his young manhood he attended school at Middlebury Academy in Genesce county. He was married in 1830 near Rochester, N. Y .. to Miss Mary De Forest Bristol, a native of Connecticut, and almost immediately thereafter was carried westward with the tide of immigra- tion as far as Michigan. Locating at Tecumseh, he engaged for three years in merchandising, when, having a strong liking for the law, removed from there to Adrian and entered the office of Orange Butler of that city as a law student in 1834. While reading law he took an active interest in public affairs, was elected to the Michigan legislature. and while serving in that body aided materially in bringing about a settlement of the boundary line dispute, between Michigan and Ohio, which at one time threatened to involve the two states in armed con- flict. After a systematic and thorough course of study he was ad- mitted to the bar in 1838. In the fall of the following year he came to Milwaukee and began his professional career here, a well-seasoned and well-informed man, whose experience as a man of affairs had added materially to his qualifications for successful practice. For a short time he was associated professionally with H. N. Wells and Col. Hans Crocker, under the firm name of Wells, Crocker & Finch, and his first change of associates resulted in the formation of the partnership with
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Mr. Lynde, which continued up to the time of his death, B. K. Miller and H. M. Finch becoming partners in the firm in 1857, the firm this constituted continuing in existence twenty-seven years under the name of Finches, Lynde & Miller.
In 1841, William Pitt Lynde, of Sherburne, N. Y., having gradu- ated at Yale with the highest honors in 1838 at the age of twenty-one, and received a thorough education for the bar at the Harvard Law School under Judges Story and Greenleaf-took up his permanent residence in Milwaukee. The ranks of the profession were further increased in 1841 by the arrival of James B. Cross, Francis Randall and Isaac P. Walker. Cross was a native of Geneva, Vermont, and Walker of Virginia. Abram D. Smith, Jason Downer and Peter Yates were the important accessions to the bar in 1842. Mr. Smith came from Cleveland, Ohio, and at once took a prominent position in the ranks of the legal fraternity, and he maintained that position until his death, which occurred at sea while on the passage from Beaufort, S. C., where he had been sent by the government, in June, 1862. He was buried at Forest Home. "Judge Smith was a man of giant intel- lect, quick perception, ready wit, a fine pleader, and he left a record as a jurist that few ever attain. The first law books containing the statutes of Wisconsin were the work of his pen. He had a fine physique, a large head, and a keen eye in which an expression of mirth was always lurking. He was a man that would command attention and respect anywhere. His plea in the defense of the murderer of James Ross (William Ratcliffe) was a masterpiece of sophistry and elocution. although made in a bad cause." Such was the opinion of Abram D. Smith, one of Milwaukee's best and most honored jurists, given by one who knew him well. Mr. Downer was a native of Vermont, and graduated at Dartmouth College in 1838 at the age of twenty-five. He studied law and was admitted to the bar at Louisville, Ky., where he practiced a short time. James Holliday came in 1843 from Pennsyl- vania, his native state, at the age of twenty-five ; and in 1844 James S. Brown, a native of Maine, but trained in the legal profession in Cin- cinnati, Ohio, and Levi Hubbell, of New York, adopted Milwaukee as their professional home. Those mentioned were the men who prac- tically constituted the bar of Milwaukee during the first ten years of its history. A few others came, but their stay was short or their pro- fessional rank and influence unimportant. Francis Randall held high rank in his profession while he remained in the city, but returned at the end of a few years to the state of New York, where he formerly lived.
Peter Yates is described by another writer as having been mentally acute, ingenious and eccentric. "He believed that he had great inven-
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tive talent, and wasted most of his time and means in the early years in efforts to perfect inventions which were to revolutionize trade and bring him great wealth. At intervals he sought clients for a time in order to carn means for continuing his experiments, but he was finally forced to give up his visions of fortune and rely upon the rewards of professional labor for his support."
Wilson Graham was a native of Ireland and was born at Cragey- croy on Sept. 16. 1815. His parents emigrated to the United States in 1818 and came west to Ashtabula, Ohio. He studied law and was admitted to the bar in 1837. The following year he came to Wiscon- sin and arrived in Milwaukee on Nov. 25, 1838, becoming one of the early settlers here. He engaged in the practice of law on the South Side, but in 1840 he formed a partnership with Levi Blossom. He afterward associated with Don A. J. Upham, and this connection con- tinued until May 1. 1864. Mr. Graham resided in Milwaukee until the time of his death in 1898, a period of sixty years, and during nearly all of that time was engaged in the active practice of his profession. He served as town clerk of Milwaukee in 1842 and acted as alderman and ex-officio member of the board of supervisors. He was a member of the constitutional convention held in 1846, and was elected a mem- ber of the assembly in 1852.
In the fall of 1846, Ammi R. R. Butler located in the city, coming from Genesee county, N. Y., immediately after his admission to the bar, and John P. McGregor came the same year.
John Palmer McGregor was born in the town of Lenox. Madison county, N. Y., June 2, 1820. After the death of his mother, which occurred when he was but four years old, he went to live with his grandmother Palmer, and four years later went to Lyons, N. Y., where he became a member of the family of his uncle, Dr. Peck. a well-known physician of that place. There he received his rudimentary education, and was fitted for college in the Lyons Academy. From there he went to Geneva College (now Hobart College) and was graduated at that institution in the class of 1842. After his graduation he read law one year at Lyons, in the office of Holley & Clark, and then returned to Geneva College and accepted a tutorship in that institution. This po- sition he retained three years, and while discharging his duties as teacher, completed his law studies. In 1845 he was admitted to the bar in the supreme court at Utica. N. Y., and shortly afterward married Miss Marie Antoinette Goldsmith, of Lyons. In 1846, having had his attention called to this region and his interest therein aroused through reading the little volume published by I. A. Lapham, known as "Lap- ham's Wisconsin," he determined to spend a vacation in the North-
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