The History of Rock County, Wisconsin: Its Early Settlement, Growth, Development, Resources, Etc., Part 54

Author: Wesern historical company, Chicago, pub
Publication date: 1879
Publisher: Chicago : Western Historical Co.
Number of Pages: 899

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ROCK COUNTY ORGANIZED.

By an act of the Territorial Legislature of Wisconsin, approved December 7, 1836, Town- ships 1, 2, 3 and 4 north, of Ranges 11, 12, 13 and 14 east, of the Fourth Principal Meridian, afterward the towns of Newark, Plymouth, Center, Porter, Beloit, Rock, Janesville, Fulton, Turtle, La Prairie, Harmony, Milton, Clinton, Bradford, Johnstown and Lima, were taken from Milwaukee County and constituted a separate county. called Rock. It took its name from the " big rock " on the north side of the river, now within the limits of the city of Janesville, which had been for years one of the recognized land-marks of the country to the Indians, the traders, and later to the settlers, as indicating a point where the river might be safely forded.

By an act, approved June 21, 1838, Townships 1, 2, 3 and 4 north, of Range 10 east, subsequently the towns of Avon, Spring Valley, Magnolia and Union, were added to Rock County, thus giving it the boundaries and configuration it has since retained. Though thus enlarged, the new county remained attached to Racine County for judicial purposes, until its organization ; meanwhile by an act, approved December 27, 1837, the seat of justice was located on "part of the northwest quarter of Section 36, in Town 3 north, of Range 12 east, of the Fourth Principal Meridian."

By the records of the Board of Commissioners of Racine County, dated April 2, 1838, elec- tion precincts were established at what is now Beloit, at " the public house-Mr. Hackett, Dr. White and Mr. Field, Judges," and at the public house of Nevins, in the village of Janesville- Hiram Brown, Daniel Smilie and Henry F. Janes, Judges. At the second annual session of the Commissioners, April 2, 1839, Rock County was divided into two road districts, by a line running east and west about the middle of the county. An election was held May 28, 1838, at the precincts established by the Supervisors as above, for " Pathmasters," which resulted in the choice of Lucius G. Fisher in Beloit, and John P. Dickson in Janesville.

By a law approved February 13, 1839, it was enacted, " that from and after the passage of this act, the county of Rock shall be and remain to all intents and purposes, an organized county of this Territory, and shall have all the rights and privileges which organized counties in the same of right have." An election of county officers was provided for, to be held " on the first Monday of March, 1839," and the officers then chosen were empowered to borrow money on the credit of the county, not exceeding $250, for three years, at 12} per cent per annum, to be applied to procuring land for the seat of justice. By an act, approved February 28, 1839, the foregoing was so amended as to fix the time for election of county officers for the

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HISTORY OF ROCK COUNTY.

third Monday of March following ; directed the canvassing of the votes; divided the Commis- sioners elected into three classes, whose term of office should expire in January, 1842, 1841 and 1840, respectively, and devolved upon them all the duties specified in the preceding act.

At the election held in pursuance of this law, W. S. Murray, William Spaulding and E. J. Hazzard were elected a Board of County Commissioners and concluded negotiations with H. F. Janes whereby the county obtained title to the land designated in the act of December 27, 1837. as the seat of justice. In 1839 and the following year, all other county officials required by law to be elected, were chosen and qualified. With the entrance of these officers upon the discharge of their duties, the organization of the county was perfected.

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HISTORY OF ROCK COUNTY.

CHAPTER IV.

CK COUNTY AS REPRESENTED ON EARLY MAPS-ROCK RIVER NAVIGATION AND ROCK COUNTY STEAMBOATS-TERRITORIAL DISTRICT COURT AND STATE CIRCUIT COURT-ROCK COUNTY BOARD OF SUPERVISORS-COUNTY COURT OF ROCK COUNTY-COURT HOUSE AND JAIL- COUNTY OFFICERS, 1839 TO 1879-TERRITORIAL, STATE AND NATIONAL REPRESENTATION- RAILROADS.

ROCK COUNTY AS REPRESENTED ON EARLY MAPS.

It was not until that portion of Michigan Territory lying west of Lake Michigan, and north the State of Illinois, had become noted because of its lead mines, that the valley of Rock ver, below Lake Koshkonong, and above Turtle Creek, began to appear upon published maps ;h any degree of distinctness. In a " Map of the United States Lead Mines on the Upper ssissippi River," published at Galena, Ill., in 1829, the name " Cos-ca-ho-e-nah," is given to : Yahara (Catfish) River, while opposite its mouth appears this information : "Copper ore lphuret) has been found in its original deposit, in such quantities, and over such an extent of s country, as to justify the expectation of that metal being produced in considerable quan- es." It is almost needless to say that this " expectation " has not been "justified."" At it date, the Indian village at the mouth of Turtle Creek, where now is the city of Beloit, s occupied by Winnebagoes. From this village a road led off in a northwesterly direction to other Winnebago town on Sugar River; thence, in nearly the same direction to "McNutt's . ggings." North, and at no great distance, the Winnebago Chief, " Spotted Arm," had his lage. From the last-mentioned place, a road ran in a northeasterly direction to Green Bay, ssing another Winnebago village on the banks of the second lake, in what is now Dane unty. The road running through the Turtle village (now Beloit), was known as the "Chicago ce," and was a direct route from Chicago to the lead mines.

On Farmer's " Map of the Territories of Michigan and Ouisconsin," published in 1830, the er which drains the four lakes, is given as the " Goosh-ke-hawn." Lake Koshkonong is 'd as " the lake we live on,"-evidently the meaning of Kuskanong, Koskonong, or, as now led. Koshkonong. On this map, a Winnebago village is noted at the mouth of the Goosh- awn (now Yahara, or Catfish).

The first " Map of Wisconsin Territory, Compiled from Public Surveys," gives Rock County ne of the eighteen of its surveyed counties, noting therein Beloit and Janesville, and, opposite atter, "Rockport." A road from "Fontana," near the head of Geneva Lake, reached Beloit. >ad from the latter place ran almost due north to Janesville, and another, after crossing the (for Beloit was then wholly on the east side of the stream), bore off in a northwesterly >tion to " Centerville," on Sugar River, running thence southwesterly to " Munroe." Two & centered at Janesville, from the east, the larger one, from " Waukeeshah," the other, \ "Delevan." After crossing the river to " Rockport," there were three roads ; one ran up west side of the river to " Caramany," just below the mouth of the " River of the Four es;" another took a northwesterly direction to Madison ; a third held its course a little h of west, through " Centerville," to " Munroe." Two other roads led out of Janesville, running up the east side of the river until it finally crossed the stream a little below the th of the " River of the Four Lakes," the other bearing off more to the right, running along east side of " Lake Koskonong," to Fort Atkinson. Except the one from " Waukeeshah," ugh Janesville and " Rockport." to " Centerville," all these roads were little else than pioneer ces," or Indian trails, when, in 1836, Rock was set apart as a distinct county and named, he Legislature of Wisconsin Territory.

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HISTORY OF ROCK COUNTY.

On a " Map of the Territory of Wisconsin," by David H. Burr, draughtsman to the House of Representatives of the United States, drawn in 1836, to accompany the Hon. Z. Carey's Report, a proposed railroad is laid down on a straight line from Mineral Point to a point on the Rock River, noted as the " head of steamboat navigation," where, just above " Wisconsin City," there is a " great water-power." But lead has never yet been drawn by the iron horse from Mineral Point in a direct line east, to Janesville, and then shipped to St. Louis, by way of Rock River, as contemplated by these early schemes. Locating the " head of steamboat navigation " just above " Wisconsin City," where there was a "great water-power," was wholly mythical, as had been already fully demonstrated.

ROCK RIVER NAVIGATION AND ROCK COUNTY STEAMBOATS.

In June, 1836, the first steamboat from the Mississippi made the passage up Rock River so far as to reach Rock County. This was an " event " to the settlers along Rock River, and they availed themselves of the opportunity for a steamboat ride. Indeed, by the time the steamer had arrived at " Wisconsin City," its decks were pretty well crowded with passengers. -d. Rounding to at "East Wisconsin City," it took on Dr. Ileath and family, and some gentlemen stopping with him, and made its way up the river. It was thought by some that the engines of the boat had not sufficient power to overcome the " St. John's Rapids," and that it would be best not to attempt their passage, but a majority thinking otherwise, it was determined to make the attempt. The steamer succeeded admirably, and went on beyond the site of the present city of 3 f Janesville, spending some time above, and then returning to the Mississippi.

In 1839, another steamer made its way up the river, taking on passengers at different points, pushing its way as far up as Jefferson. In 1844, a steamboat from St. Louis, one hundred and thirty feet in length, passed up to Jefferson, stopping at various places-taking on and dischar- -- . ging passengers at the several villages-a number of the inhabitants improving this opportunity for steamboat riding. The next year, a steamer came up from the Mississippi, arriving at Janes- ville on the 4th of July, taking, at that point, an excursion party, and proceeding up the river_ The boat plied up and down the stream during the picnic season, returning in the fall to the Mississippi. This was the last steamer from the Mississippi that reached Rock County.

In 1839 or 1840, an enterprising individual made his appearance in Janesville and pre- vailed upon the leading citizens to assist him in efforts he proposed to make toward building - steamer. He succeeded in raising a small sum of money, and going to the mouth of the Cat - fish, he constructed, after months of patient labor, a very neat little steamer well adapted to the waters of Rock River. Soon after the trial-trip, the intrepid navigator silently sailed for the Mississippi River. Neither he nor the vessel were ever again heard from, much to the chagrin of a few small stockholders.

In 1854, Hammond & Thorne built a small steamboat on Rock River, below the uppe: dam. There being a great demand for the boat on the upper waters of the river, the Captain of the craft begun to devise ways and means for "jumping the damn." Ilis idea was to load his boat astern with some heavy material, which would throw the bow out of water. The lowe x face of the dam being at an incline of about thirty degrees, the Captain believed, by using full pressure of steam, he could run the bow of his boat so far over the dam-at the same time by some mechanical process, bringing his ballast from the stern forward-that the craft woul d topple over above the dam and put out for Lake Koshkonong without further notice. The bol navigator reconsidered, however, and took his boat to the upper waters by land. The steame plied up and down the river for a few years, but finally her machinery was taken out, and th hull disappeared.

The Star of the West was the next boat built on this part of Rock River-that is O say, for service in the vicinity of Janesville, for she was constructed at Indian Ford, about 186 by William Foster. She was eighty-five feet long, with a proportionate breadth of beam ; ha two commodious decks and first-class machinery. She made but a few trips, when her owners became embroiled in a bitter war with the Milwaukee & Mississippi Railroad Company -

JANESVILLE

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HISTORY OF ROCK COUNTY.

Rock River having been pronounced to be a navigable stream by the proper Government officer, the railway company could have been compelled to maintain a draw-bridge, and it was in the power of those in the steamboat interest to make them do so. The Star of the West belonged to a stock company, but William Foster, the builder, it seems, held a majority of the shares. By some arrangement between the railway company and the parties in charge of the steamer, the vessel mysteriously disappeared. . Inquiry failed to develop any explanation of the strange affair. Those who were supposed to know the inside facts, were as silent as the tomb. Fifteen years later, William Brooks, ascertaining the fact that the boat had been stripped of her machinery and upper works, and the hull loaded with stones and sunk to the bottom of the river, and discovering a clue to the title. purchased and afterward raised the water-soaked hulk from its muddy lodgment. Putting in new machinery and building new decks upon what remained of the Star of the West, Mr. Brooks rechristened her " The Lotos." She is now the largest vessel on this part of Rock River, having a carrying capacity of about five hundred persons. She has been in service since the fall of 1875, the date of her resurrection and rehabilitation.

The next most important steamer in point of size is the Bower City Belle. This vessel is about fifty feet long, and will carry one hundred persons comfortably. She was built by Mr. Buchholz, brother to the gentleman of that name in the carriage manufacturing firm of Buch- holz & Hodge. Boub Brothers, the brewers, are the commanders of the Bower City Belle.

Lottie Lee, the most diminutive craft in the Rock River fleet, is the property of Ethan Allen, who claims to be a descendant of the once famous commander of the "Green Mountain Boys." The Lee is considerably less in size than the Bower City Belle.

I-TERRITORIAL DISTRICT COURT AND STATE CIRCUIT COURT.

The act establishing the Territorial Government of Wisconsin provided for the division of the Territory into three judicial districts, and for the holding of a district court by one of the Justices of the Supreme Court in each district, two terms each year in each organized county in the district. The three Justices were Charles Dunn, David Irwin and William C. Frazer. By an act of the Territorial Legislature approved November 15, 1836, the counties of Brown and Milwaukee (the last-mentioned including also what is now Rock County), was constituted the Third District, and assigned to Justice Frazer. By the statutes of Wisconsin Territory of 1839 the counties of Walworth, Rock, Green and Dane were made the Second District, to which Justice Irwin was assigned. Rock County continued in this district until the adoption of the State Constitution. In pursuance of a law passed by the Territorial Legislature February 13, 1 839, the first term of the District Court was held in April following, by Judge Irwin, in a small wooden building standing on the west side of Main street, in the embryo village of Janes- ville. This was a day of small things; it does not appear that much business was done. The term commenced on the 15th day of April, and adjourned finally on the 17th. Guy Stoughton was appointed Clerk. Daniel F. Kimball was admitted to the bar as an attorney and counselor at law, and was appointed United States District Attorney of Rock County, pro tem. A venire Was issued, and the following-named persons were summoned, sworn and charged, as the first grand Jary of Rock County : Joseph Bullard, N. G. Storrs, Thomas Stoughton, Farnum Chickering, Joseph Goodrich, Ansel Dickenson, D. A. Richardson, Phineas Armes, Charles Butts, Levi St. John, Jason Walker, David McKillups, William Virgin, John Putnam, Luke Stoughton, John A. Fletcher, Jeremy D. Warner, A. Blakesley, Francis A. Tyler, Elisha Newhall and Jesse Corlis. Joseph Bullard was appointed Foreman. They retired to their room, and, after a short absence, returned into court and reported by their Foreman that there was no business to be done; where- apon they were discharged by the Court. A panel of petty jurors was also summoned, but there was nothing for them to do and they were discharged, there being no cases ready for trial at this term. The first cause taken up was an appeal case of Milton S. Warner, appellee, vs. Charles Johnston, appellant, in which judgment of nonsuit was entered on default of the

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HISTORY OF ROCK COUNTY.

appellant to appear. Some other cases were called, and ex-parte matters were attended to, bu & the business of the first term of the District Court for Rock County seemed to be mainly to get the machinery in order for future work. The next term commenced on Monday, the 21st Jay Erst of October, 1839. A public hall having been finished in the Janesville Stage House, the fi all, hotel of any pretensions in the village, the court convened in this new and unfinished h on very near the site of the present Court House, was completed in the month of December, 184.

where their sessions were afterward held until a Court House, which was erected on an elevati 1. At this term, business commenced rather more brisk than at the last term. A grand and pett F .ty jury were in attendance.

It would appear from the records of this Court, that some of the early settlers of the county kept their spirits up by pouring spirits down, for the first indictment that was presented to the Court by the grand jury was entitled "The United States vs. Thomas Sidwell," for Gor selling spirituous liquors in quantities not less than one quart. This defendant was arraigned on the fourth day of the term and pleaded guilty, and was adjudged to pay a fine of $10 and d all legal costs. This was followed by another against the same party for selling spirituouses liquors to a certain Indian " contrary to the statute in such case made and provided." The she defendant also pleaded guilty to this indictment, but the Court being in doubt whether thee che offense charged could be prosecuted by indictment, certified the case to the Territorial Supreme me Court for its opinion. Other indictments against other parties for selling intoxicating liquors,&, in violation of law, were presented, making in all twelve cases ; all of which, except the first .st two, were continued to the next term, the defendants entering into recognizances to appear andand answer.

The civil causes on the docket not disposed of by default or settlement were continued, 8 80 that there was no business for the petty jury at this term. The Court adjourned sine die. Sie. The next term commenced on the 20th day of April, 1840; a grand and petty jury were sum- on. moned, and on Tuesday, the second day of the term, the first trial by jury ever had in Rocheck County in a Court of Record took place. It was the case of " E. B. Woodbury vs. Caleb Blod-od- gett, Daniel Blodgett and E. B. Blodgett." The jury impaneled to try the case were William m Squire, John Holmes, Asa Comstock, Abraham Fox, M. S. Warner, Clark W. Lawrencece, Charles Tuttle, Horace Rice, George W. Lawrence, Lucius Burnham, Reuben Willard ane and Ezekiel Brownell, who, after hearing the evidence and arguments of counsel, found a verdic ict for the plaintiff, and assessed his damages at $242 and costs. The April term for the year 1840 - 40, after transacting considerable business, adjourned on the 23d. The lawyers who appeared at thethe bar of this Court as practitioners up to this date were Edward V. Whiton, Daniel F. Kimba" call and Abraham C. Bailey, of Janesville; David Noggle and Hazen Cheeney, of Beloit; H. N. N. Wells and H. Crocker, of Milwaukee, and Moses M. Strong, of Mineral Point. John Catlin [=lin appeared at this term as Deputy District Attorney. Judge Irwin continued to hold terms of thisthe District Court for Rock County until Wisconsin was admitted into the family of States und der her new Constitution, adopted in 1848, by which the Circuit Courts were established, and the the State divided into five Judicial Circuits. The counties of Racine, Walworth, Rock and Greeten comprised the First Circuit. In this circuit, Edward V. Whiton was elected Judge.

The first session of the Circuit Court, for Rock County, was held at the Court House i - in Janesville, by Judge Whiton, commencing Monday, the 18th day of September, 1848. Joh I -hn Nichols was Clerk and John M. Keep, of Beloit, District Attorney. The first grand jury i in attendance upon that Court was composed of the following persons : James Cass, David B R. Bent, David Hagadore, S. S. Blackman, C. C. Phelps, A. D. Culbert, Henry B. Crandal II, Charles Whipple, John R. Boyce, Andrew Stevens, David Merrill, George McKinsee, Whilde Hughes, Harvey Brace, Joel Wood. A. Henderson, Edward Aiken, Elisha Coville and Levi St. John, who was appointed Foreman. The first indictment found by the grand jury, in the Cir- cuit Court for Rock County, was entitled " The State of Wisconsin vs. Samuel M. Drake," for adultery. The defendant was tried on this indictment and acquitted. The first civil case tried by a jury was on the 20th day of September, 1848, of " Benjamin Cheeney vs. Daniel

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HISTORY OF ROCK COUNTY.

Blod gett and Herman Hill," an action of trespass. Verdict for the plaintiff for damages $58.27. The business of the Court in this county began to accumulate and continued so for ten years or more. The county was rapidly developing, real estate advancing, population and business increasing, a state of things that gave rise to much litigation, as might be expected in a new country, hence the docket of the Court was large at each term, and it was with great difficulty that the business of the term could be cleared up within the time at the command of the Judge. It was during Judge Whiton's term that the first trial for homicide in Rock County was had. The prisoner was one Samuel Godfrey, of the town of Lima, charged in the indictment with killing John S. Godfrey, a relative, in an altercation between these two men over a trespass alleged to have been committed by the animals of the deceased upon premises of the prisoner. The latter dealt the deceased a blow with a club upon the temple, which produced instant death. The defense set up was that the prisoner at the time he struck the blow was in imminent danger of bodily harm, and was acting in self-defense. The trial was hotly contested on both sides ; the prosecution was conducted by Hiram Taylor, District Attorney, assisted by A. Hyatt Smith ; the defense, by David Noggle and J. A. Sleeper, of Janesville, and Prosper Cravath, of White- water. The jury returned a verdict of not guilty, which was generally approved by the public.

Judge Whiton continued to discharge the duties of Circuit Judge to the entire satisfaction of the people of the circuit, until the April term, 1853, when, having been elected Chief Justice of the Supreme Court of the State, he resigned to accept that position. Wyman Spooner, of Wal- worth County, was appointed to fill the vacancy until a successor could be elected. In Septem- ber, 1853, James R. Doolittle, of Racine, was elected, and entered upon the discharge of the duties of Judge of the First Judicial Circuit, and first held a special term for Rock County, commencing on the 7th day of February, 1854. The celebrated case of the State vs. David F. May berry, for the murder of Andrew Alger, was tried before Judge Doolittle in July, 1854, particulars of which are hereafter given. Judge Doolittle gained the confidence and esteem of the bar, and all with whom he came in contact. IIe resigned the office in March, 1856, and Charles M. Baker, of Geneva, Walworth County, was appointed to fill the vacancy until a new election, which occurred in April following, when John M. Keep, of Beloit, a sound and able lawyer, was elected. Judge Keep was originally from New York, and settled at Beloit in 1844. He was a genial man, full of good humor. One little incident that occurred while he was on the bench, is characteristic. James Niel, now of the St. Louis bar, was arguing a demurrer before him. There was one point that was decisive of the case. The Judge intimated to the attorney that it was unnecessary to argue the point, as the Court agreed with him in the view he took Of the case ; but he continued to argue the point with great earnestness, when the Judge said coolly : " Mr. Neil, I am with you now on that point, but if you keep on, I can't tell how I shall be; it is hardly safe for you to take the chances.'

1861. Judge Keep was obliged to resign on account of failing health. He died in the spring of He held the office about three years, and was succeeded by David Noggle, who was elected in April, 1859, continuing as Judge until January. 1864, when he was succeeded by William Penn Lyon, of Racine, now of the Supreme Court. Judge Lyon held the office of Judge of the First Judicial Circuit, as it was then constituted, until March 16, 1870, when, by a law of the Legislature of that date, which took effect on the 1st day of April following, the counties of Rock and Green were detached from the First Circuit, and, with Jefferson, which was detached from the Ninth Circuit, constituted the Twelfth Judicial Circuit. Harmon S. Conger, of Janes- ville, was elected on the first Tuesday in April, 1870, Judge of the new circuit, his term of office beginning January 1, 1871. This position he has since continued to fill with credit and ability. Judge Lyon continued to exercise jurisdiction over the First Circuit, after its territorial limits had been changed, until he was elected to the Supreme Court, in 1872.

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The History of Rock County, Wisconsin: Its Early Settlement, Growth, Development, Resources, Etc., Part 54

Author: Wesern historical company, Chicago, pub Publication date: 1879 Publisher: Chicago : Western Historical Co. Number of Pages: 899

Author: Wesern historical company, Chicago, pub
Publication date: 1879
Publisher: Chicago : Western Historical Co.
Number of Pages: 899