USA > Wisconsin > Rock County > Rock County, Wisconsin; a new history of its cities, villages, towns, citizens and varied interests, from the earliest times, up to date, Vol. II > Part 18
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
Spring Valley. The town of Spring Valley lies in the south- west portion of the county, its western boundaries separating it from Green. It was organized by an act of the legislature, approved February 2, 1846. Its territory includes township 2 north, of range No. 10 east. The first town meeting was held at the house of Nicholas E. Phelps.
John Crall was the first settler. Among those who soon after made claims, were James Kirkpatrick, Erastus C. Smith, Robert Taylor, Roderick M. Smith, James Bradshaw, Almerin Sprague, Amos Remington, Allen Hurlbert, S. G. Mills and Solomon Rose.
The Monroe branch of the Chicago, Milwaukee & St. Paul railroad passes through the central part, entering on the east at Orfordville, and passing out on section 19, across the western boundary of the county.
This town is made up of thrifty and progressive people, who have tilled the soil and brought it to the high state of cultiva- tion, so that it produces abundant crops. The residences, barns and outbildings, are, as a rule, modern in construction.
In 1907 Spring Valley stood third among the towns of this county in the raising of tobacco, having 627 acres. In 1908 it stands fourth in order of amount with 433 acres. The population of the town has decreased from 1446 in the year 1900 to 1,000, according to the state census of 1905.
History of the Town of Turtle.
By Miss Mary S. Porter.
Turtle Township. Turtle Creek flows southwest through it, draining Delevan lake. There are limestone and clay. At Sho- piere, in the northeast part, is a water power of nine feet head.
708
HISTORY OF ROCK COUNTY
The four-story stone grist mill there was built in 1850 by the late Governor L. P. Harvey and J. H. Randall. Two churches are : Congregational, its building dedicated February, 1855, al- though built some time before. First minister, S. H. Thompson. The Methodist church was built in 1857; the first Methodist minister was Mr. Crandall, and during that first winter there was a great revival of religion. In 1872 the church was remodeled and enlarged. The schoolhouse was built in 1857. The only postoffice (at Shopiere) was established in 1850, with Andrew Cromwell as postmaster. In early days Shopiere was called Waterloo. About the year 1837 a Pennsylvania Dutch family named "Meeks" elaimed the land where Shopiere is, and built a shanty. The father and mother, five sons and five daughters averaged 200 pounds each, and were called "Borderers." About the same time, a company from Connecticut claimed on the north side of the Turtle opposite Shopiere. This colony was composed of entirely different people. In the latter part of the summer of 1837, when both parties began cutting hay on the bottom at the north side of the stream, the Yankees were likely to get all of it, and leave nothing for the one cow that Meeks owned.
The Meeks family loaded guns, and from their cabin ordered the Yankees to leave. The latter kept on raking and carting hay. Then the mother and her five daughters (protected by the guns of Mr. Meeks and his five sons), dashed through the creek armed with pitchforks and fish spears. The massive Mrs. Meeks charged on the captain of the Yankees. As she advanced he stepped backward until inadvertently he backed off the bank of the stream into deep water. The rest of the company, seeing their captain fall, hastily retreated, leaving to the enemy one fork, three rakes, a pail of Johnnie cake and cold potatoes, and a jug of whisky. That field of battle was henceforth known as "Waterloo" until 1850, when Governor Harvey changed the name to Shopiere, French for "limestone." The location abounds in that, and it is said that the bottom of Turtle creek in some places is a limestone ledge.
In the early days there was also a sawmill, and just above the site of the present mill once stood a distillery. A little later and farther down the stream, at Turtleville, was Distillery Num- ber 2, now gone to decay, which sometimes made even the fish
709
SMALLER CITIES AND TOWNS
drunk with its refuse product. Near it was a grist mill, which is flourishing yet.
The oldest traveled road is the Milwaukee road of territorial days. It was so named because it was a stage and wagon road to Milwaukee, the farmers' market town.
The W. U. R. R. passing through in a northeast and south- west direction was completed through the town in 1856.
The Chicago & Northwestern railroad, passing northwesterly, was finished here a little later in the same year. When the rebellion broke out and soldiers were called for Turtle filled her quota complete, the 172 required. Of these three were deserters, nineteen died, forty-seven were dischargd and ninety-five saw actual service on the field.
The town of Turtle was organized February 2, 1846. Among the first settlers were D. B. Egery, D. Bennett, R. Dole, Chauncey Tuttle, John Lewis, A. Lewis, S. G. Colley and John Hopkins.
Of the first town meeting held at Shopiere, April 7, 1846, James Chamberlin was chairman, and Horace Rice, clerk. The succeeding chairmen were : R. Dole, 1847; F. A. Humphrey, 1848; P. J. Erkenbrack, 1849; P. M. Hinman, 1850; L. P. Harvey, 1851; B. F. Murray, 1854; Alex Bruce, 1855-56; A. I. Bennett, 1857; F. A. Humphrey, 1858; Alex. Bruce, 1859; A. I. Bennett, 1860; H. P. Murray, 1861-62; F. A. Humphrey, 1863; John Hammond, 1864; H. J. Murray, 1865; Chauncey Ross, 1866-70; Thomas Holmes, 1870-74; J. H. Cooper, 1874; Chauncey Ross, 1875; Thomas Holmes, 1876; S. H. Slaymaker. 1877-79.
The town meetings were held in some schoolhouse, or some- times on the shady side of a barn until a vote was taken, as on April 2, 1878, when $1,000 was appropriated to build a town hall. At the town meeting of June 13, 1878, the present site was chosen ; the corner-stone was laid in August; the hall, modeled and built by S. D. Ross and superintended by the chairman, S. H. Slaymaker, was completed November 2, 1878. Mr. S. then raised the National flag above the hall, and that evening the first meeting held within its walls was a debate on hard coin versus fiat paper money.
In the Beloit "Journal" of April 17, 1879, is a list of the pioneer "Old Settlers' Association" of the town of Turtle and vicinity. The earliest were : Thomas Crosby, of New Hampshire, Turtle, came in 1837; G. H. Crosby, of same place, came in
710
HISTORY OF ROCK COUNTY
same year ; Charles Tuttle, New York, Clinton, April, 1837; R. P. Crane, New Hampshire, Beloit, March, 1837; D. D. Egery, Ver- mont, Turtle, July, 1837 ; Erastus Giles, Vermont, Turtle, October, 1836; Henry Tuttle, New York, Clinton, October, 1837; William Jack, Lower Canada, Beloit, October, 1837; S. K. Blodgett, Ohio, Beloit, June, 1838; J. A. Chamberlin, Connecticut, La Prairie, March, 1838; S. G. Colley, New Hampshire, Beloit, June, 1838; Swingle, Pennsylvania, Turtle, September, 1838; Merritt Bostwick, New York, Beloit, July, 1839; Russell Harvey, Connecticut, Turtle, April, 1839; B. F. Murray, New York, Turtle, May, 1839; H. J. Murray, same place, June, 1839; S. A. Murray, same place, June, 1840; Benjamin Brown, Massa- chusetts, Beloit, 1840; S. Murray, Turtle, June, 1841; Mrs. A. E. Coe, New York, Turtle, March, 1840; G. M. Murray, same place, June, 1841; C. P. Murray, born in Turtle, August, 1841; C. J. Dole, New Hampshire, Turtle, October, 1844; J. B. Gordon, New Hampshire, Turtle, June, 1845; Edward Giles, Vermont, Turtle, June, 1842; A. Henderson, New York. Beloit, September, 1842; Henry F. Hobart, born at Beloit, July, 1843; William Hopkins, born at Shopiere, 1843; G. Johnson, New York, Whitewater, May, 1843; B. B. Olds, Vermont, Clinton, October, 1843; W. Pickett, New York, Turtle, September, 1843; Benjamin Wooster, New York, Clinton, June, 1844; J. M. Everett, New York, Turtle, May, 1844; Joel Miner, Ohio, Turtle, October, 1845; Otis Man- chester, New York, Beloit, July, 1845; S. S. Northrop, New York, Clinton, October, 1845; Mrs. Northrop, same place, 1849; Benjamin Park, Ohio, Turtle, July, 1847; William H. Stark, Ver- mont, Turtle, May, 1846; C. M. Treat, Ohio, Turtle, July, 1847 ; William S. Yost, New York, Beloit, August, 1847. (The popu- lation of Turtle in 1905 was 1,027 .- Ed.)
Union. This most northwestern town in Rock county is six- teen miles northwest from Janesville. By an act of the legislature it was incorporated February 17, 1842, and at that time included what is now Union, Porter and the north half, each, of Center and Magnolia. Its limits are now composed of what is known as township 4, north of range 10 east.
The town is composed largely of rolling prairie, and is well watered by Allen's creek and tributaries. The Chicago & North- western railroad passes through the township. The city of Evans- ville is located in this town, is a thriving place with its stores,
711
SMALLER CITIES AND TOWNS
banks, factories, etc., and affords a good market to the farmer. This is a thickly populated town, with well improved farms, upon which are raised good crops of all varieties; tobacco being especially prominent among them. In 1907 "the weed" occupied 295 acres; in 1908 there were 278 acres of tobacco. The new crop, sugar beets, was raised the amount of twenty-seven acres in 1907, and sixteen acres in 1908, in Union. For the whole of Rock county, from returns made by the county assessors, the tobacco crop of 1907 occupied 7,818 acres; and in 1908, tobacco was grown on 6,118 acres. The area given to sugar beets was, in 1907, some 1141 acres; in 1908 that was increased to 1,222 acres.
Rural Free Delivery. Rural free delivery now pervades all the towns of the county, and our farmers have their mail deliv- ered at their doors. According to some recent decisions this may include the delivery of small packages as well. Another recent measure and effort, which is already benefiting the towns of our county is the "good roads" commission, and the new law and arrangement for that improvement. The appropriation of each town that endeavors to build better roads is supplemented by an equal amount from the county and all the work is being done under the advice and direction of County Highway Com- missioner H. L. Skavlem, of Janesville. Already thirteen towns are building permanent roads under this commission, the leaders in the movement being Clinton, Turtle and Beloit. During this year some fifteen miles of model road have been built (1908) and more advance along the line of this good road movement is planned for the next season. Under the new road law these roads when placed in good condition are to be kept so at the expense of the county.
XXXII.
COURTS AND LEGAL PROFESSION.
The territory of Wisconsin was divided into three judicial dis- tricts when its territorial government was formed, and pro- vision was made in the same act for one of the three justices of the Supreme court to hold each year, two terms of the Dis- trict court in each organized county in the district. The justices of the Supreme court at that time were Mr. William C. Frazer, Charles Dunn and David Irwin. Prior to the year 1836 Rock county formed a part of what was then Milwaukee county, which, with Brown county, was constituted the Third district by an act of the territorial legislature approved November 15 of that year. Justice William C. Frazer was assigned to this district. Three years later, in 1839, Rock county, together with Dane, Wal- worth and Green counties were constituted the Second district by statute enactment, and so continued until the State Constitution was adopted-Justice Irwin being assigned to preside over it. Pursuant to an enactment of the territorial legislature, passed in the winter of 1839, the first term of the District court in Rock county convened at Janesville on April 15, following, with Judge Irwin on the bench. Among the first items of business was the issuing of a venire by the newly appointed clerk, Mr. Guy Stoughton, and the summoning of the first grand jury of the county, comprising Messrs. Joseph Bullard, who was made fore- man ; Farnum, Chickering, N. G. Storrs, Ansel Dickenson, Thomas Stoughton, James Goodrich, D. A. Richardson, Charles Butts, Phineus Ames, Levi St. John, William Virgin, Jason Walker, Luke Stoughton, David McKillup, John Putnam, J. D. Warner, Francis A. Tyler, John A. Fletcher, R. Blakesley, Jesse Corlis and Elisha Newhall. After being duly sworn and charged, the jury retired to the room assigned them, whence they soon re- turned and reported to the court that they found no business to be transacted and were duly discharged. At this same session Mr. Daniel F. Kimball was admitted to the Rock county bar and
712
713
COURTS AND LEGAL PROFESSION
appointed pro tempore district attorney. Although no jury cases were ready for trial, the formality of impaneling and discharg- ing a petit jury was gone through with. The first judgment rendered was in an appeal case-Milton S. Warner vs. Charles Johnson-which was entered by default, the appellant failing to appear. With the transaction of various items of routine busi- ness necessary to the full organization of the court, the first term of court adjourned on April 17. At that time there was no court house, and when, on the 21st of October, 1839, the second term of the District court convened, it met in an unfinished hall in what was known as the Janesville Stage House, and continued to meet there until the completion of the first court house, in December, 1841. There were quite a number of cases on the civil docket at the opening of the second term, but some of these were settled, in others, judgments were entered by default, and those not so disposed of were continued to the next term, so that although a petit jury was impaneled, it had nothing to do. On the criminal docket was a case of the United States vs. Thomas Sidwell, in which the defendant was under indictment, charged with selling spirituous liquors in quantities of more than one quart, and who, under a plea of guilty, was fined $10 and costs of suit. Sidwell also pleaded guilty under a second indictment charging him with selling spirituous liquors to an Indian, in violation to the statute; but this case was certified to the Supreme court of the territory to determine whether or not such an offense could be prosecuted under an indictment. Ten other cases of a similar character were presented and continued to the following term of court, the defendants giving bonds to appear and answer to the indictments. The first jury trial in Rock county entitled "E. B. Woodbury vs. Caleb Blodgett, Daniel Blodgett and C. D. Blodgett," occurred at the third term of the court, which con- vened April 20, 1840, and resulted in a verdict for the plaintiff, his damages being assessed at $242 and costs of suit. The men serving on this jury were Ezekiel Brownell, George W. Law- rence, Horace Rice, Willard Brownell, Charles Tuttle, William Squire, Abraham Fox, Clarke W. Lawrence, John Holmes, M. S. Warner and Asa Comstock. During the three days of this term of court, which adjourned on April 23, numerous cases were disposed of and considerable business transacted. The District court then established and operated, continued to hold regular
714
HISTORY OF ROCK COUNTY
sessions in Rock county until the adoption of the State Consti- tution in 1848, Judge Irwin presiding on the bench. But after the admission of the state into the union and the adoption of the constitution, Circuit courts were established, Rock county with Walworth, Green and Racine counties, constituting the First judicial district, of which Mr. Edward V. Whiton was elected the first judge. During the time of the District courts, many able lawyers appeared as practitioners, among them being John Catlin, who served as deputy district attorney in 1840; Abraham C. Bailey, Edward V. Whiton and Daniel F. Kimball, of Janesville; Hazen Cheeney and David Noggle, of Beloit; Messrs. H. Crocker and N. H. Wells, of Milwaukee; Moses M. Strong, of Mineral Point, and others.
The first term of the Circuit court of Rock county convened in the court house on Monday, September 18, 1848, Judge Whiton presiding, Mr. John M. Keep, of Beloit, being district attorney, and Mr. John Nichols having been elected clerk. Mr. Levi St. John served as foreman of the first grand jury under the new regime, and associated with him in that body were some of the leading men of that day, who are still remembered by the older citizens of the county. The records show that the first case tried on the civil docket of the Circuit court was an action of trespass, entitled "Benjamin Cheeney vs. Daniel Blodgett and Herman Hill," in which the jury on September 20, 1848, returned a verdict for $58.27 in favor of the plaintiff. At this same term of court the grand jury returned an indictment, entitled "The State of Wisconsin vs. Samuel M. Drake," in which the defendant was charged with adultery, and for which he was tried and acquitted. It was while Judge Whiton was on the bench that the first case of homicide was tried in Rock county. In an alterca- tion between Samuel Godfrey and John S. Godfrey, a relative, growing out of an alleged trespass by the animals of John S. upon the premises of Samuel, the former was instantly killed by the blow of a club in the hands of the latter. Mr. Hiram Taylor, who was then district attorney, assisted by Mr. A. Hyatt Smith, prosecuted the case; the defendant was ably represented by Messrs. David Noggle and J. A. Sleeper, of Janesville, and Mr. Prosper Cravath, of Whitewater; and after a hard fought battle on both sides, the prisoner maintaining that he acted in self-
715
COURTS AND LEGAL PROFESSION
defense, the jury returned a verdict of acquittal which met with general favor.
With the rapid development of the county, the influx of population and the growth of commercial activities, the business of the court grew to large proportions, and it was with difficulty that the court dockets were kept cleared. In the spring of 1853 Judge Whiton, who had been elected chief justice of the Supreme court of Wisconsin, resigned as circuit judge and went upon the duties of his new office, and the vacancy thus made on the circuit bench was filled by the appointment of Mr. Wyman Spooner, of Walworth county, to serve until a successor was elected. This occurred in September, 1853, when Mr. James R. Doolittle, of Racine, a lawyer of distinguished ability, and a man of the high- est character, was elected judge of the First judicial district. A special term of court for Rock county was convened under Judge Doolittle on February 7, 1854, and he continued in that office, winning the esteem of all by his courtly and dignified demeanor, his fairness and thorough knowledge of the law, until March, 1856, when he resigned. During the interval until an election could be held, Mr. Charles M. Baker, of Geneva, served by appointment, and in April. 1854, Mr. John M. Keep, a native of New York, who settled at Beloit in 1844, and who is remem- bered as a lawyer and judge of ability and a man of genial good nature and humor, was elected. Failing health obliged Judge Keep to resign his office in the spring of 1859, and he was suc- ceeded by Mr. David Noggle, who was elected in April of that year, and served with distinction until 1864. During the next eight years and until his election to the Supreme bench, in 1872, Mr. William Penn Lyon, of Racine, presided over the First Judicial district. By an act of the legislature of March 16, 1870, which took effect on April 1, following, Jefferson county, which had formed a part of the Ninth circuit with Rock and Green counties of the First circuit, were constituted the Twelfth Judicial circuit, and on the first Tuesday of April, that year, Mr. Harmon S. Conger, of Janesville, was elected judge to enter upon the duties of his office January 1, 1871. Judge Conger con- tinued in the office with marked ability until his death, on October 22, 1882. At the spring election, held in April of that year, John R. Bennett, of Janesville, was elected to succeed Judge Conger. Upon Judge Conger's death Mr. Bennett was appointed
1
716
HISTORY OF ROCK COUNTY
circuit judge for the unexpired term. Judge Bennett entered upon the term for which he had been elected on January 1, 1883, and remained in office until his death on June 9, 1899. Benjamin F. Dunwiddie, of Janesville, served for the unexpired term of Judge Bennett, and for the six years' term commencing on Janu- ary 1, 1901, and was succeeded by George Grimm, of Jefferson, who is now circuit judge.
County Court
Dr. Horace White was the first judge of probate in Rock county, his election occurring in 1839, and court being held pur- suant to notice over his signature dated November 1, 1839, at Beloit, on the 1st day of December, and at Janesville on the first Monday of June. The first will filed for record and probate was that of Charles Johnston, of Rock county. The instrument was witnessed by Horace Hobart, John R. Burroughs and Charles M. Messer, and named Mr. John P. Chapin, of Chicago, as executor. Next followed the estate of Edward Brandon, of which Richard Inman was appointed administrator February 27, 1840. During the same year, in August, Mr. John Hackett was appointed administrator of the estate of Caleb Blodgett, which was the third to come befort the court. Following Dr. Horace White, judge of probabe, were Israel C. Cheeney, 1841-43; A. C. Bailey, 1843-45; W. F. Thompkins, 1845-46; C. S. Jordan, 1846- 47; David I. Daniels, 1847-49.
The first county judge, James Armstrong, who was elected September 3, 1849, was succceded September 5, 1853, by Moses S. Pritchard, who, in turn was succeeded by A. P. Pritchard. Judge A. P. Pritchard was first elected April 7, 1857, and by successive re-elections filled the office of county judge of Rock county for over twenty-nine years, until his death on September 15, 1886.
Upon Judge Pritchard's death, John W. Sale, of Janesville, was appointed county judge for the unexpired term, and has held the office continuously ever since.
Court House
As already stated, the first courts were held in a rude hall in a Janesville stage house. That was in 1839. The first court house, which was finished in December, 1841, was, with its sur- roundings, primitive and crude. A frame structure, two stories
717
COURTS AND LEGAL PROFESSION
in height, it was situated on the summit of a hill difficult of access, but served well its purposes until its destruction by fire in 1859. Fortunately, wise forethought had prompted those in charge of the valuable documents and court records to insure their safety by keeping them elsewhere, so that little of perman- ent value was lost. The summit of the hill on which this build- ing stood, was afterward cut down and became the site of the present county building, the erection of which was begun in the fall of 1869, and finished the following summer. The building was constructed under the supervision of Mr. J. Townsend Wing, architect, of Milwaukee, and is surrounded by a beautiful park four squares in extent, and bounded by Court street, East street, South First street and Main street. The square or block on which the building stands, is under charge of the county while the other three blocks are cared for by the city of Janesville. The build- ing, the walls of which are constructed of stone and brick, the first story being of cut stone, is 107x77 feet in dimensions and four stories in height, with an imposing tower. On the first floor besides the engine and tool rooms are rooms for the register of deeds, and the county superintendent of public instruction. The second floor is occupied by the offices of the county treasurer, county clerk, county judge, clerk of the court and the chambers of the circuit judge, four of which are provided with large fire- proof vaults. The court rooms, large and airy, with high ceilings and ornately decorated, with sheriff's office, jury and cloak rooms and judges' chambers, occupy the third floor. The original cost of the building, furnishings, equipment, grading grounds, etc., was almost $125,000. As a necessary adjunct of the courts, there was early need for a jail, and this was first supplied by the use of a rude log hut, which was situated on Main street. This a little later, was abandoned, for a structure which stood on the north side of the public square and which served for the county jail until 1855. During that and the following year, a stone build- ing was erected for the jail proper, with a brick dwelling for the sheriff's residence, the two being connected by a wooden part used for a wash-room, kitchen, etc. Like the court house, the present jail is equipped with modern improvements and both are models of convenience and utility that reflect credit upon the intelligence and civic pride of the citizens of Rock county and the city of Janesville.
718
HISTORY OF ROCK COUNTY
Bench and Bar
The personnel of the bench and bar of Rock county is of a high character, and her courts have, from the beginning, been characterized by the courtly dignity and decorum of the judges who have presided over them, and the professional esprit de corps of those practicing at the bar.
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.