USA > Wisconsin > Waukesha County > The History of Waukesha County, Wisconsin. Containing an account of its settlement, growth, development and resources; an extensive and minute sketch of its cities, towns and villages etc > Part 54
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360
HISTORY OF WAUKESHA COUNTY.
Brackett, Judge of Probate ; Alexander W. Randall. District Attorney; T. S. Huntington, Surveyor ; and D. H. Shumway, Coroner.
The sixteen Supervisors who composed the first County Board and effected the organization of the county were Hiram Carter, Curtis Reed, Talbot C. Dousman, B. P. Melendy, Joseph Bond, S. S. Case, A. L. Castleman, William Odell, T. Richmond, C. McVean, Joseph Tur- ner, A. A. Flint, L. Martin, M. W. Sherwood, William Fisher, and W. Bancroft.
COUNTY SEAT AND BUILDINGS.
The county buildings at Waukesha were never intended to be models of architectural beauty nor objects upon which to lavish large sums of public money. They are, however, solid, durable, ample in size, pleasant, and, while not particularly ornamental to the village of which they form a part, look neat and comfortable, answering satisfactorily every purpose for which they were erected. Nothing more is required.
County Seat .- In early days, the selection and securing of county seats was one of the most important matters to be accomplished by the residents of any particular locality. The idea obtained almost everywhere, that the locality which should be lucky enough to secure the county court house and accompanying buildings would be sure to grow, thrive and ulti- mately, as a consequence, become a great city. This enlisted the utmost efforts of all the property holders in every village whenever a county seat was to be chosen. In 1845, the city of Milwaukee was all torn up over a shrewd piece of legislative engineering which resulted in the passage of " An act to provide for the removal of the seat of justice of Milwaukee County to Prairieville," which was approved and signed by Gov. Henry Dodge February 24, 1845. Milwaukee was angry enough over the passage of this act, the papers denouncing every one who had anything to do with the "vicious measure;" and it is probably due to the fact that Milwaukee would thereby again become a county seat that the bill setting off the county of Waukesha was allowed to become a law, as otherwise Milwaukee would have had no county buildings at all
The great county-seat fight, however, was after Waukesha had been erected into a separate county, and her Supervisors had met to appoint provisional county officers and choose a seat of justice. On Wednesday afternoon, June 10, 1846, the County Board, then in session in the Congregational Church in Prairieville, after receiving numerous proposals for erecting a court house either there or at Niles Higginbottom's, near Deissner's, mill, took the first informal ballot for a location for the proposed buildings. The result was 6 for Delafield, 4 for Prairie- ville, 4 for Pewaukee and 2 for Genesee. An adjournment to the next day was then secured, and wire-pulling and log-rolling in favor of the various places wanting a court house was carried on through the night, tremendous pressure being brought to bear upon the weaker Supervisors, or those who had no particular choice of location. Next morning, nearly everybody was present, either inside or outside of the church, to see the balloting proceeded with. The second ballot resulted : 5 for Prairieville, 3 for Genesee, 2 for Delafield, 4 for Pewaukee, 1 for Parker's farm and 1 for Parker's melon-patch. The Supervisor who voted for the melon- patch will be sustained by a large majority of people when it is recorded that, in those days, Mr. Parker had the name of raising the best melons in Waukesha County. As the balloting lasted three days, and caused more excitement than, perhaps, anything else that ever concerned the public, a table of votes is here preserved :
1234
6
7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prairieville
4 5
5 7 8
7
7!
7
61
6
6
6: 6
7
7
81
7.88888889
Genesee
00
3|
2
2
2
N
2!
2'
41
3
3
3
2
2
2
1
1
Pewaukee
4
4
7
7
6
7
7
7
7
6
7
6
6
7
6| 6
7
7 8 8 8 7 8: 7
Delafield.
6
2
1
Parker's farm
1
1
Parker's melon patch.
1
..
1 !.
1
1 ...
Muskego
...
. .
Sten Richard Weaver SUSSEX.
363
HISTORY OF WAUKESHA COUNTY.
On the conclusion of the twenty-fifth ballot, the board adjourned amid a shout never to be forgotten by those who heard it, and the Pewaukee folks immediately instituted a search for the eighth man, who deserted them and went over to Prairieville; but, fortunately for him, they never found the right one, though all manner of corruption was charged upon several. It was done in anger, however, as there was no foundation in fact for such a harsh and damaging charge-not a particle of evidence to sustain it ever having been found.
Court House .- On Saturday, June 14, 1846, S. S. Case offered this resolution, which was adopted : " That Lots 1, 2 and 3 in Block F, of John Gale, Jr., Robert Lockwood and William A. Barstow's plat of Prairieville, situate on the northeast quarter of Section 3, in the town of Prairieville, be and is hereby designated and fixed as the site on which to erect the county buildings for the county of Waukesha." On the motion of William Fisher, S. S. Case, Curtis Reed and Talbot C. Dousman were appointed a committee to procure plans for a court house and superintend the commencement and construction of the building; also, to determine the expediency of purchasing Lots 4 and 5, adjoining the three donated by William A. Barstow, of Prairieville, H. N. Ward, of Ohio, and Morris D. Cutler, of Prairieville. These two lots were not then purchased. They were sold to the county in December, 1868, however, by Herman A. Meyer, and now form a part of the court-house site-the portion used for a garden.
In April, 1847, a new Building Committee, consisting of Charles Burchard, G. M. Humphrey and William Crombie, was appointed, and Squire S. Case was appointed Superin- tendent of the construction of the county buildings.
The contract was let to " John Gale, Jr., and others," in 1846; but as the work of con- struction went on very slowly, and the walls, as far as finished, were not satisfactory, in October, 1847, a year or more from the commencement of operations, a committee, consisting of Charles Burchard, F. McNaughton and W. P. Clarke, was appointed to investigate the validity of the contract, the state of the work and the responsibility of the contractors' bondsmen. This com- mittee reported in favor of canceling the bond and contract for building the court house, and appropriating $1,200 for paying any new contractor who should complete the building; which report was adopted. On more closely examining the unfinished walls, they were found to be wholly unsafe-hardly able to stand without the weight of any further superstructure. The Board, therefore, ordered, in April, 1848, that the court-house walls be torn down, and new contracts for completing the building be let to competent and responsible parties; or that the Building Committee engage workmen and complete the structure. J. A. Short was, therefore, appointed Superintendent, and the committee prosecuted the work, which was contracted, piece- meal, to various parties, and finally completed it in the summer of 1849, after various altera- tions in the inside work.
The building stands now as it was completed in 1849, three years and more from its commencement, and is a substantial, plain, two-story stone structure, about 70x42 feet on the outside. It contains a jury-room, Sheriff's office, two offices for the County Judge, and County Superintendent's office on the first floor. while the second floor constitutes the court room. A blunt dome surmounts the structure, and solid stone walks and steps lead up to its entrance, over which is inscribed the somewhat untruthful legend : "Court House-Erected 1846."
No settlement was ever secured with "John Gale, Jr., and others," the first contractors' whose work had to be torn down, so the exact cost of the structure can hardly be stated, though it was probably about $10,000, from beginning to end.
County Jail .- In January, 1847, the County Board resolved, "That the Building Com- mittee (S. S. Case, Curtis Reed and T. C. Dousman) be and hereby are directed to contract for the construction of a jail and jailer's house, in accordance with the plans now in its possession, to be paid for as follows, viz. : $500 out of the tax of 1846, and the balance out of the tax of 1847."
The contract was let to Clinton, Conover & Co., for $2,305.18 for the jail buildings. In October, 1847, the Superintendent reported the buildings satisfactorily completed according to contract, and recommended the payment of the balance due, $1,805.18. The Board then
D
364
HISTORY OF WAUKESHA COUNTY.
granted $40 for " beds, stoves, etc.," for the jail, and also ordered the contractors paid in full. A bill having come before the Legislature designating this jail as the State Prison until a regular State Prison building should be erected, the Building Committee had certain alterations made which furnished accommodations for more prisoners. But Gov. Dewey finally refused to sign the act, which therefore failed to become a law. The contract for the alteration, however, was let as soon as the act passed the Senate and Assembly, and considerable work had been done before the Governor's refusal to sign it had become known. The alteration was therefore necessarily allowed to be completed, and the County Board petitioned Judge Levi Hubbell to send all the convicts sentenced to the State prison in his circuit to the Waukesha jail, as it had been strengthened, enlarged and such provisions made for employing convict labor as no other county could offer. The petition was obeyed, and United States convicts, that is, those convicted by the United States Courts, were confined in this building several years.
County Offices .- The best building owned by the county of Waukesha is the county offices building, located near the court house at Waukesha. It was erected in 1860, at a cost of about $4,000, and is a solid Waukesha-stone, fireproof structure, of ample proportions for the County Clerk, Register of Deeds, County Treasurer and Clerk of the Court's offices, and for storing their numerous records .* The situation is pleasant-iron fences, stone walks and fine maple trees extending in front. The records of the county are unusually perfect in these offices, and the building is such as will preserve them against all ordinary destructive influences for at least five centuries to come.
FIRST COUNTY RECORDS.
Fortunately, Milwaukee County, including what is now Waukesha County, was set apart. and organized in 1834, the same year the first settlers located within the present county limits, or whatever business of a public nature that was necessary before that time, would have been recorded at Green Bay, an out-of-the-way place for residents of Waukesha County. All county records from 1834 to June, 1846, were made and continue to be kept at Milwaukee. Mere outlines or index transcripts have been made of them, which are kept at the county building in Waukesha.
After the county of Waukesha was set off from Milwaukee, the first record was made by the Supervisors of the sixteen towns, who met to set the wheels of the new county machinery in motion. The record of that meeting, the first in Waukesha County, is as follows, for the first day's proceedings :
At a meeting of the County Supervisors of the county of Waukesha, held at Vail's Hotel, in Prairieville, on Monday, the 8th day of June, A. D. 1846, at 12 o'clock M., pursuant to an act entitled " An Act to provide for a division of the county of Milwaukee," approved January 31, 1846, for the purpose of organizing a Board of County Supervisors for said county ; the Supervisors were called to order by Mr. T. C. Dousman, and Curtis Reed was chosen Chairman pro tem .; and on motion of Mr. Martin, T. C. Dousman was chosen Secretary pro tem.
The Secretary then proceeded to call the names of the several towns in said county, when the following-named persons appeared and took their seats as members of this Board, viz. :
From the town of Oconomowoc, Hiram Carter ; Summit, Curtis Reed ; Ottawa, Talbot C. Dousman : Eagle, Bax- ter P. Melendy ; Mukwonago, Joseph Bond ; Genesee, Squire S. Case ; Delafield, Alfred L. Castleman ; Warren, Will- iam Odell ; Lisbon, Thompson Richmond ; Pewaukee, Collin McVean ; Prairieville, Joseph Turner ; Vernon, Asa F. Flint ; Muskego, Leonard Martin ; New Berlin, Moses H. Sherwood ; Brookfield, William Fisher ; Menomonee, Wil- lard Bancroft.
On motion, the Board then adjourned until 3 o'clock P. M.
At 3 o'clock P. M., the Board met pursuant to adjournment.
On motion of Mr. Case, the Board proceeded to take an informal ballot for Clerk. Messrs. Case and Sherwood acting as tellers, who reported that the whole number of votes received were 16, of which Harrison Phillips received 11 ; Henry Sherman, 1 ; William P. Sloan, 4; when, on motion of Mr. Martin, the Board proceeded to take a formal ballot for the appointment of a Clerk. Messrs. Bond and Turner acting as tellers, who reported that the whole number of votes received were 16, of which Harrison Phillips received 14 ; H. W. Sherman, 1, and William P. Sloan, 1. Harrison Phillips, having received a majority of all the votes cast, was declared duly appointed Clerk.
On motion of Mr. Turner, the Board then proceeded to take an informal hallot for Chairman. Messrs. Castle- man and Richmond acting as tellers, who reported that the whole uumber of votes received were 16, of which Curtis Reed received 11; J. Bond, 1 ; J. Turner, 1 ; S. S. Case, 1 ; H. Phillips, 1, and Blank, 1.
*Thanks are not history ; but it is nothing less than proper to here sincerely thank the incumbents of these offices for many kindnesses. shown by them to the historian in the prosecution of his work.
365
HISTORY OF WAUKESHA COUNTY.
On motion of Mr. Turner, the Board then proceeded to take a formal ballot for the election of Chairman of the Board. Messrs. Martin and McVean acting as tellers, who reported that the whole number of votes received were 16, of which Curtis Reed received 14; J. Turner, I, and Blank, I ; whereupon the Secretary declared Curtis Reed to be Chairman of this Board.
On motion of Mr. Castleman, a Committee of five members was appointed to report rules for the government of this Board, consisting of Messrs. Castleman, Turner, Bond, Case and Sherwood.
Mr. Dousman was excused from acting any longer as Clerk, and, on motion of Mr. Castleman, Mr. Phillips-the Clerk elect-was requested to act as Clerk of this Board until a Treasurer be appointed and qualified to approve of the bond of the Clerk in conformity to law.
The petition of R. C. Peck, claiming a seat in this Board from the town of Muskego was presented; and, on motion of Mr. Dousman, was referred to a select committee of three, consisting of Messrs. Dousman, McVean and Turner.
On motion of Mr. Castleman,
Resolved, That a Committee of three be appointed by the Chair to receive proposals for furnishing a lot of land and erecting thereon a Court House, Jail, Treasurer's office, Register's office, and two Clerks' offices, accompanied with plans and proposals for the same, and that said Committee be instructed to report to this Board by 10 o'clock to-morrow morning: and the Chair appointed Messrs. Castleman, Fisher and Case such Committee.
On motion of Mr. Castleman, the Board then adjourned to 8 o'clock to-morrow morning. HARRISON PHILLIPS, Clerk.
The first record made in the books of the office of the Register of Deeds, after Waukesha County was organized, is as follows :
CERTIFICATE No. 12,576 .- THE UNITED STATES OF AMERICA-To all whom these presents shall come-greeting : Whereas, Willard Bancroft, of Milwaukie County, Wisconsin Territory, has deposited in the General Land Office of the United States a certificate of the Register of the Land Office at Milwaukie, whereby it appears that full payment has been made by the said Willard Bancroft, according to the provision of the act of Congress of the 24th of April, 1820, entitled " An Act making further provisions for the sale of the public lands," for the northeast quarter of the northwest quarter of Section 4, in Township 8 north, of Range 20 east, in the district of lands subject to sale at Milwaukie, Wisconsin Territory, containing forty acres and [seventy-three hundredths of an acre, according to the official plat of the survey of the said lands, returned to the General Land Office by the Surveyor General, which said tract has been purchased by the said Willard Bancroft ; Now know ye, that the United States of America, in consideration of the premises, and in conformity with the several acts of Congress in such case made and provided, have given and granted, and by these presents do give and grant, unto the said Willard Bancroft, and to his heirs, the said tract above described ; to have and to hold the same, together with all the rights, privileges, immunities and appurtenances, of whatsoever nature, thereunto belonging, unto the said Willard Bancroft and to his heirs and assigns forever.
In testimony whereof, I, John Tyler, President of the United States of America, have caused these letters to be ' made patent, and the seal of the General Land Office to be hereunto affixed. Given under my hand, at the city of Washington, the Ist day of October, in the year of our Lord one thousand eight hundred and forty-four, and of the Independence of the United States the sixty-ninth. By the President : J. TYLER.
By J. TYLER, JR., Secretary.
S. H. LAUGHLIN, Recorder of the General Land Office.
Signed by the Recorder 2Ist of March, 1845. Received [at the Waukesha office] June 16, 1846.
John P. Story was the grantor, and William Cruikshank the grantee, of the first trans- fer of land recorded next after the above certificate, and were really the parties to the first real- estate transaction after Waukesha became a county, so far as the records show.
The first record in the office of the Clerk of Court is as follows: No. I.
Samuel K. Platt February Term, 1847. - v8. A. W. Randall. David Douglass and John A. Douglass. Trespass in the case. Damages, $200. Summons in trespass in the case issued January 4, 1847 ; writ returned July 6, 1847, indorsed as follows, viz .: " Waukesha County, Wisconsin Territory. Served the within writ by reading to David Douglass, one of the defend- ants !; John A. Douglass not found, 6th day of January, 1847. Albert Alden, Sheriff. Fees, $2.20."
Filed January 25, 1847, andI now, February 16, 1847, cause called, and, no plea being filed, the default of the defendant is entered for want of a plea. Judgment granted for the plaintiff by the default of the defendant, and the Clerk is directed by the Court to examine, ascertain and report what sum the plaintiff ought to have for his damages. The same day the Clerk reports in writing that he has assessed the damages to the plaintiff at the sum of $80.87, per report filed. Wherefore, it is considered and adjudged by the Court now here, that the plaintiff recover of the defendants the sum of $80.87, with $5.49 for his costs and charges hy him about his said suit in this behalf expended ; and that he have execution therefor.
Damages, $80.87 Interest from Feh. 6, 1847, .....
Costs taxed at 5.49
GEO. S. WEST, Clerk.
March 5, 1847, process for execution, and execution issued.
March 20, 1850, fi. fa. returned, indorsed : " Satisfied. A. Alden, Sheriff."
366
HISTORY OF WAUKESHA COUNTY.
COUNTY OFFICERS FROM 1846 TO 1880.
As the territory now designated as Waukesha County was for many years under the juris- diction, and a portion of, other counties, the first officers who had charge of its local affairs are not matters of record within its present boundaries, and of necessity must be omitted. During only three years before Waukesha County was set off from Milwaukee were the people per- mitted to choose who should manage anything but their town affairs. Other offices were filled by appointment, as often in such a manner as would pay political debts as otherwise. Although, of course, some good officers were appointed, the custom was a vicious one. The act allowing certain officers to be chosen by ballot was approved March 23, 1843, under which the first elec- tion was held in May of that year. A Milwaukee paper's comments, as follows, on the passage of the act, is further explanatory :
" Our readers will perceive, by referring to an act of Congress, which we publish to-day, that the people of Wisconsin are hereafter to have the right of electing their own Sheriffs, Judges of Probate and Justices of the Peace. This is a privilege which has long been desired by the people of the Territory, and one which was demanded by justice. The old system of having these officers appointed by the Governor was one which conferred more power upon the Executive than should ever be given to that officer. Men of his appointment were generally such ones as would be subservient to his will and dictation ; and, in appointing them, it has not been the object of the Governor to select such men as would administer the laws with justice so much as it has to get such ones as would give to him the greatest support, and best advance his cause. Such always has been, and always will be, the case when the power of appointing these officers is given to the Executive. This power is now taken from the Governor of this Terri- tory and given to the majority of the people.
" We also publish a bill to provide for the manner and time of electing such officers, which passed both branches of the Legislature, and was sent to the Governor for his approval, yester- day. It provides that the election shall take place on the first Monday in May next, and that the officers elected at that time shall commence their term of service on the 1st of June."
The officers of Waukesha County, since its separation from Milwaukee, have been as fol- lows :
Register of Deeds .- T. F. Bancroft, appointed by the Board of Supervisors June 8, 1846, and served until October, 1846; E. B. Quiner, 1846-47, two terms ; Philip V. Bovee, 1848; Samuel H. Barstow, 1849-52, two terms; William R. Williams, 1853-58, three terms; Henry A. Shears, 1859-62, two terms; Pitts Ellis, 1863-64; Samuel H. Barstow, 1865-66; Her- man Adolph Meyer, 1867-68; Peter Coyle, 1869-70; J. E. Seabold, 1871-72; John C. Schuet, 1873-74 ; James McDonald, 1875-76 ; John Stephens, 1877-80.
Sheriff .- John Blane, appointed by the Board of Supervisors June 9, 1846, served three months ; Albert Alden, 1846-48; Alex F. Pratt, 1849-50; Dominick Casey, 1851-52; Charles B. Ellis, 1853-54; Dewey K. Warren, 1855-56; Israel H. Castle, 1857-58; Charles W. Bennett, 1859-60; James Clark, 1861-62; Orson Reed, 1863-64; Albert Alden, 1865-66; William K. Hunkins, 1867-68; Alexander F. Pratt, 1869-70; John Graham, 1871-72; C. M. Hartwell, 1873-74; Ephraim Beaumont, 1875-76; J. W. Patterson, 1877-78; John Por- ter, 1879-80.
District Attorney .- Alexander W. Randall, appointed by the Board of Supervisors in June, 1846; Alex Cook, appointed in October, 1846-47; John E. Gallagher, 1848-49 ; Alexander Cook, 1850-52; John E. Gallagher, 1853-54; William Soper, 1855-56; Edwin Hurlbut, 1857-58; E. M. Randall, 1859-60; Calvert C. White, 1861-62; David W. Small, 1863-64 ; Alexander Cook, 1865-68; David W. Small, 1869; Rufus C. Hathaway (to fill out the last half of Mr. Small's term, he having been chosen Circuit Judge in 1869), 1870; Vernon Tichenor (received all the votes cast), 1871; Alexander Cook, 1872-73; Edwin Hurlbut, 1874-75 ; D. H. Sumner, 1876-77 ; Alexander Cook, 1878-79 ; William H. Thomas, 1880-81.
367
HISTORY OF WAUKESHA COUNTY.
County Treasurer .- William. P. Sloan, appointed by the Board of Supervisors on June 8, 1846; Gordon C. Cone, elected in October, 1846, served 1846-49; Horatio N. Davis, 1850-51; Peter G. Jones (no opposition), 1852; Gordon C. Cone, 1853-54 ; Horatio N. Davis, 1855-58 ; Oliver S. Rathburn, 1859-62; John Fallon, 1863-64; H. H. Hunkins, 1865-66; George E. Bergwall, 1867-68; John Castleholz, 1869-70; Ephraim Beaumont, 1871-74 ; Anthony Houser, 1875-76; John A. Lins, 1877-78; John Russell, 1879-80.
County Clerk .- Harrison Phillips (appointed by Board of Supervisors, in June, 1846, and removed a few days later) ; Joseph H. Turner (appointed in June, and resigned in October, 1846) ; E. M. Randall (appointed by County Board), 1846-47; William S. Hawkins, 1848-49; E. B. Kelsey, 1850 ; Lemuel White, 1851-52 ; Benj. E. Clarke, 1853-54; Owen McMahon, 1855-56; John E. Jewett, 1857-62; Adam Beaver, 1863-64; William S. Green, 1865-66 ; J. L. O'Brien, '1867-68; James Murray, 1869-70; John C. Schuet, 1871 ; James Murray (to fill vacancy), 1872 ; Thomas C. Martin, 1873-78; J. D. Roberts, 1879-80.
Clerk of the Court .- George S. West (appointed by Judge Miller), 1847-48; William S. Hascall, 1849-52; Lemuel White (C. C. White acting as clerk during the latter portion of the term), 1853-54 ; Samuel H. Barstow, first part of 1855; Henry D. Barron, by appointment, filled out S. H. Barstow's term of 1855-56; John Forbes, 1857-60 ; John A. Williams, 1861-62 ; P. H. Carney, 1863-64 ; John Forbes, 1865-66 ; R. B. Rowlands, served only a few days, and resigned to John Forbes, who served 1867-68 ; William R. Williams, 1869-73; H. F. Jennings (appointed to fill out the third term of Mr. Williams, deceased), 1874 ; William S. Green, 1875-78 ; Mathias L. Snyder, 1878-81.
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