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 56

Author: Western Historical Co., pub
Publication date: 1880
Publisher: Chicago : Western Historical Company
Number of Pages: 1050

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 56

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"Judge Frazer arrived in Milwaukee on a Sunday evening, in June, 1837, to hold first court. He put up at the small hotel, which stood where 'Dickerman's Block ' now stands, kept by Mr. Vail. On his arrival, he fell in with some old Kentucky friends, who invited him to a private room for the purpose of participating in an innocent game of 'poker.' The party consisted of the Judge, Col. Morton, Register of the Land Office, and two or three others- friends of the Judge. They commenced playing for small sums at first, but increased them as the hours passed, until the dawn of day, the next morning, when small sums seemed beneath their notice. The first approach of day was heralded to them by the ringing of the bell for breakfast. The Judge made a great many apologies, saying, among other things, that as that was his first appearance in the Territory, and as his court opened at 10 o'clock that morning. he must have a little time to prepare a charge to the grand jury. He therefore hoped that they would excuse him, which they accordingly did, and he withdrew from the party. The court met at the appointed hour, Owen Aldrich acting as Sheriff, and Cyrus Hawley as Clerk. The grand jury was called and sworn. The Judge, with much dignity, commenced his charge ; and never before did we hear such a charge poured forth from the bench! After charging them upon the laws generally, he alluded to the statute against gambling. The English language is too barren to describe his abhorrence of that crime. Among other extravagances, he said, that

* As at first constituted, the First Congressional District comprised the counties of Milwaukee, Waukesha, Walworth and Racine. After the State was divided into six districts, in 1861, it contained the same territory, and, in 1872, it was reduced by setting Milwaukee County off into the Fourth District.

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HISTORY OF WAUKESHA COUNTY.

'a gambler was unfit for earth, heaven or hell,' and that 'God Almighty would even shudder at the sight of one.'

" At that time, we had but one session of the Legislature, which had adopted mostly the statutes of Michigan, which allowed the court to exercise its discretion in granting stays of exe- cution, etc. A suit came up against a man in the Second Ward, who had no counsel. The Judge ordered the crier to call the defendant. He did so, and the defendant appeared. The Judge asked him if he had anything to say against judgment being rendered against him. He replied, that he did not know that he had, as it was an honest debt, but that he was unable to pay it. The Judge inquired what his occupation was. He replied that he was a fisherman. Says the Judge, ' Can you pay it in fish ?' The defendant answered that ' he did not know but he could, if he had time to catch them.' The Judge turned to the Clerk, and ordered him to 'enter up a judgment, payable in fish, and grant a stay of execution for twelve months,' at the same time remarking to the defendant, that he must surely pay it at the time, and in good fish, for he would not be willing to wait so long for 'stinking fish.' The next suit worthy of note was against William M. Dennis, our present Bank Comptroller. He, like his predecessor, had no counsel. His name was called, and he soon made his appearance. He entered the court- room, wearing his usnal smile, whittling with his knife in the left hand. The Court addressed him in a loud voice, 'What are you grinning about, Mr. Dennis?' Mr. Dennis replied, that he was not aware that he was laughing. The court inquired if he proposed to offer any defense ! He replied that he did, but was not ready for trial. 'No matter,' said the Judge, 'there's enough that are ready, and the Clerk will enter it continued.' The next case, about which we recollect, was the trial of two Indians, who were indicted for murdering a man on the Rock River. They were also indicted for an assault, with intent to kill, upon another man, at the same time. The trial for murder came off first. They were found guilty, and sentenced to be hanged. On the day following they were tried for the assault, etc., found guilty, and sentenced to five years' imprisonment, and to pay a fine of five hundred dollars each ! Gov. Dodge, however, deemed it too severe to fine and imprison a man after he was hanged, commuted it to imprisonment for life. The Indians were confined in a jail a year or two, but were finally par- doned by the Governor.

"Judge Frazer soon afterward went to Green Bay, and held a court, from where, for want of a jail in which to confine prisoners, he sentenced a man, for some trifling offense, 'to be banished to Turkey River.' After the court adjourned, he returned to Milwaukee on the steam- boat Pennsylvania. She anchored in the bay, and the Judge, who was dead drunk at the time, was lowered by means of a tackle into a boat, and rowed to the landing at Walker's Point. From the effect of this bacchanalian revel he never recovered. His friend, Col. Morton, took him to his own house, called to his aid our best physicians, and all was done that human skill could devise, for the restoration of his health, but it was too late, the seeds of death had been sown ; he lingered in great distress for four or five days, and breathed his last in Milwaukee, October 18, 1838, aged sixty-two years. The members of the bar, generally, neglected to attend the funeral ; and having no relations in the State, he hardly received a decent burial. His remains were followed to their last resting-place by only two members of the bar (Messrs. Arnold and Crocker) besides a few friends. Years afterward the son of Judge Frazer came to Milwaukee and had the remains of his father removed to the new churchyard in the Fifth Ward and a proper tombstone erected over them."

Andrew G. Miller succeeded Judge Frazer as Judge of the Third District, receiving his appointment from Martin Van Buren, in 1838. When Waukesha County had been erected, in 1846, the people within its limits had a right, under the Territorial statutes, to two terms of court per year-in February and August ; therefore Judge Miller came to Prairieville for the purpose of affording the citizens of the new county opportunity of having justice done them, in February, 1847. The court house had been building for some time, but not being fit for occu- pancy, Judge Miller opened court in the old Prairieville Academy, now the Lutheran Church. Albert Alden was Sheriff; George S. West, Clerk ; Guy Carleton, Crier ; John S. Rockwell,

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HISTORY OF WAUKESHA COUNTY.

United States Marshal ; E. P. Cotton and D. H. Rockwell, Assistants ; William Pitt Lynde, United States District Attorney, and Alexander Cook, Territorial District Attorney.

The first case was entitled, " Samuel K. Platt vs. David Douglass and John A. Douglass, action for trespass." Alexander W. Randall was the only attorney appearing in the case, which was decided in favor of the plaintiff.

The second case demanded a jury, and Whitney Hudson, O. M. Hubbard, George W. Por- ter, B. W. Knight, Joseph Marsh, Robert Curran, Chauncey H. Purple, William Brimmer, A. R. Hinckley, Elisha Pearl, E. B. Birchard and Charles Butterjunt, "twelve free, honest and lawful men of the county," had the honor of being the first jury. The survivors are few, among whom are Robert Curran and A. R. Hinckley. Some of them declare that the tests " to prove a juror's honesty were not always infallible; the declaration of free, honest and lawful sometimes being more of a form than of fact."

CIRCUIT COURT AND JUDGES.

After the adoption of the State Constitution, in 1848, Wisconsin was divided into a number of districts called circuits, for judicial purposes. The county of Waukesha (with Milwaukee) was included in the Second Circuit, as it still continues to be, and Levi Hubbell was the first Judge. He held his first term of court for this county in the Court House, at Waukesha, begin- ning November 13, 1848. Albert Alden was Sheriff; William S. Hascall, Clerk ; J. E. Gal- lagher, District Attorney; Guy Carleton, Crier, and J. L. Delano, Doorkeeper. The first case was not for a jury ; its title was: " Jason Downer vs. William A. Barstow and Robert Lock- wood, for trespass." The damages claimed were $500, and judgment for about half that amount was entered for the plaintiff, for whom Alexander W. Randall was attorney.

The first jury case was the second tried by Judge Hubbell, for Waukesha County, and came up for hearing Nov. 14, 1848. Its title was "John B. Johnson vs. Colon McVcan. A. W. & E. M. Randall, attorneys for plaintiff." The jurors were Archibald A. Anderson, Edwin B. Quiner, John Ferry, Luke W. Cross, Peter D. Gifford, Alfred G. Barr, Asa S. Watson, George McWhorter, Samuel Reed, Albert Fallon, Thomas Mayhew, Jr., and William Crombie, " twelve free, honest and lawful men of the county."

Three terms of court are held annually, at Waukesha, beginning the third Monday of March, the second Monday of June and the first Monday of December. Each term is a special term for all portions of the circuit. The Judges of the Second Judicial Circuit have been as follows: Levi Hubbell, 1848, till his resignation in 1856 ; Alexander W. Randall, appointed in 1856, hy Coles Bashford, and resigned after being elected Governor, in November, 1857 ; Arthur McArthur, who was elected in April, 1857-holding a November term of court that year, after Randall's resignation, though his regular term of office began in January, 1858-re-elected in April, 1863, but resigned in 1869; Jason Downer, appointed to fill out Judge McArthur's term, held one term of court in 1869 ; and David W. Small, the present incumbent, who was elected in April, 1869, taking his seat in January, 1870, and re-elected in April, 1875.

The decisions of the bench in the Second Circuit are among the very ablest in the State.

COUNTY COURT AND JUDGES.

One of the most important offices provided for the people by the Constitution is the Judge of Probate or County Judge. He may, in addition to to his legal jurisdiction over the estates of minors and deceased persons, exercise no little influence for good by kindly advice and wise counsel in the numerous unpleasant squabbles over unsettled estates and property liable to be squandered by unnecessary litigation.

The General Government, in the act organizing the Territory of Wisconsin, provided for Probate Judges, to adjudicate the estates of deceased persons, and also those of minors, idiots and the insane. Until the year 1850, the designation of the office continued to be Judge of Probate, when it was changed to County Judge, and the court to that of County Court. As

376

HISTORY OF WAUKESHA COUNTY.

Waukesha County was not organized until 1846, of course previous to that time matters of administration of estates and the probating of wills were brought before the Milwaukee County Probate Judge.

The different County Judges since 1846- have been as follows :

J. W. Brackett, appointed by the Board of Supervisors June 8, 1846, from 1846 to 1849; Martin Field, 1850 to 1861; Samuel A. Randles, 1862 to 1869; Patrick H. Carney, 1870 to 1873; M. S. Griswold, 1874 to 1877; John C. Snover, 1878 to 1881.

HOW AND BY WHOM WAUKESHA COUNTY WAS NAMED.

The meaning of the word Waukesha (properly Wauk-tsha), is given elsewhere ; but a recital of why, how and by whom it was given to the sixteen towns which now comprise this county, and legally adopted as its corporate name, will be of interest as well as of value. After it had become certain that the county of Milwaukee was to be divided, and in fact as soon as any talk was had about measures looking in that direction, the matter of choosing a proper name for the new county was a subject of consideration. Joseph Bond said in the old log store at Mukwonago, then kept by Andrew E. Elmore, that if Milwaukee should be divided into two counties, the new one must have an Indian name, suggesting two-Tchee-gas-cou-tak and Wauk-tsha-the former meaning burnt prairie or burnt land, and given by the Indians to the vicinity of Waukesha, and the latter meaning fox, being the Indian name for the Fox River, below Waukesha County. At the mass meeting held at Waukesha, late in 1845, to take into consideration the propriety and advisibility of dividing the county, at which Joseph Bond presided, a committee was ap- pointed to make a formal report. This committee received a written communication from Mr. Bond in regard to what the name of the county should be, in which he suggested two names, expressing a desire that some prominent Indian name given to the locality by its original owners and occupants should thus be handed down for future generations-the only reminder of a race which was rapidly becoming extinct. Those two names were " Wauk-shah " and " Tchee- gas-cou-tak," as Mr. Bond wrote them. The committee decided that the latter was a "jaw- breaker," and altogether too long a name for so small a county ; but thought the former would do. In their report, however, a majority of the committee, not understanding Indian terms or pronunciation, struck off the final h and substituted w in the name adopted, making it Wauk- shaw. Mr. Bond opposed pronouncing the second syllable, "shaw," as the Indians pronounced the a in shah like a in aster. But the name was adopted, notwithstanding this opposition from its author, by the meeting, and was so written in the bill soon after presented to the Legislature, which provided for the division of the old and the naming of the new county. But while the bill was before the Legislature, Alexander W. Randall, in response to a letter by Andrew E. Elmore and Joseph Bond, making the suggestion, had the w lopped off entirely ; but when the act came to be published the name of the new county was not Wauk-sha, as it should have been, but Waukesha, a word of three syllables, pronounced in all imaginable ways, as suits each one who has occasion to use the term. But the change was otherwise unfortunate. The general public now believes that Waukesha means fox ; it does not, nor has it any meaning whatever. But Wauk-shah or Wauk-tsha, had that been adopted, would have been interpreted fox by those who understood the Pottawatomie tongue.

The above reference to A. W. Randall should be explained by adding the fact that he was merely a lobbyist in favor of, and sent to Madison by, the sixteen towns which afterward became Waukesha County, and had the general welfare of the bill in charge, although Luther Parker, Samuel H. Barstow and Jacob H. Kimball were members of the Legislature and favor- able to the division and name of the new county.

It will thus be seen that the honor of naming Waukesha County, although the name is not what he suggested, belongs to Joseph Bond, still a resident of Mukwonago; but the honor of emasculating the name, of injecting a syllable into it that destroyed its Indian nomenclature, making it a term that is neither Indian nor English, belongs to some one else. He was aided

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HISTORY OF WAUKESHA COUNTY.

and sustained in his views by Andrew E. Elmore from the first, and his suggestion was carried into effect by the co-operation and labor of Alexander W. Randall, at Madison.

The name of this county was originally Pottawatomie and it should therefore have, as nearly as possible the Pottawatomie pronunciation. That, as the term is now written, would be Wauk-ih-shah, the "i" in the second syllable being given just the slightest sound, like " i " in it, and the " a " in the last syllable like " a " in aster.

WAUKESHA COUNTY'S INDIAN NAMES.

The utmost confusion has attended the majority of all published efforts to properly spell' pronounce and translate the numerous Indian names for the lakes, rivers and localities in Wau kesha County, of which names the old residents are justly proud. To indicate clearly the form and sound of these terms is not less difficult now than it always has been; but an endeavor has been made to furnish for the future the Pottawatomie translations of the more prominent terms. Other translators have endeavored to interpret the names given by the Indians to this vicinity, by their knowledge of the Winnebago, Saukie or other languages, and have made miserable fail- ures. These names were bestowed by the Pottawatomies, and therefore can be properly ren- dered by the language of no other Indian nation or tribe.

In July, 1849, Joshua Hathaway, of Milwaukee, an old surveyor, gave to the public numerous translations of Indian terms, a portion of which are here produced :

" Much of the corruption in the pronounciation of Indian names has arisen from the want of a simple mode of spelling, and from an inaccurate habit of pronouncing words when correctly spelled. Thus in orthography, the sounds au, ahn and ee are incorrectly expressed by a, an and e; and the orthography au, ahn and ee is inaccurately pronounced by a, an and e or y. For example: Wau-kee-shah is incorrectly spelled Waukesha, and inaccurately pronounced (though very commonly) Walkyshaw.

" One more suggestion : When the double vowel ee occurs in the orthography of an Indian word, the syllable should have a thin, prolonged accent, more especially when it forms the middle syllable.

" Milwaukee, or Milouaqui, of the French settlers, is derived from the Indian name of our own river, Mahn-a-wau-kee seepe, first and third syllables accented. The word is Pottawatomie, probably, and the early French traders gave different significations to it, so that no one of them is reliable.

"Na-sho-tah, or twins, now known as Two Rivers. A glance at the place or at the map shows how appropriate the name.

" Mus-kee-go, from Muskeeguiac,* signifies cranberry-probably Pottawatomie.

"Waukesha, the name given to the county wrested from Milwaukee in 1846. As the county was appropriated without the consent of the owners, so it was very proper that the name should be. It is very probable that this name was never seen in English characters until the year 1846, when it was inscribed by the writer of this upon an oak-tree, standing where the town of Rochester now stands, in Racine County. The name was selected by me with the con- sent of Messrs. Cox and Myers, all being interested in the location, as a name for the future town, and so it appears on the sectional map of those times. When the town began to be set- tled shortly after, the name was changed by the inhabitants to Rochester, because, like the Rochester of New York, it had a water-power-no further point of resemblance being traceable. In 1835-36, I was engaged in subdividing the townships now comprising Racine County, and from some Indian boys lodged near my encampment, I made additions to my Indian vocabulary ; and with the medium of a fox-skin collar, I obtained this name, understanding it to be Potta- watomie, for 'fox,' which is a favorite name with the nation for all crooked rivers, whose course, in this repect, resembles the eccentric trail of that animal. By giving the middle syllable a thin, prolonged, decided accent, and leaving the last syllable but half aspirated, you have the original, as given to me-Wau-kee-sha.

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HISTORY OF WAUKESHA COUNTY.

"Me quon-i-go, from Me-quan-ie-go-ick, likewise the name.of the town. Mic-wan signifies a ladle *- a bend in the stream known by that name resembling a ladle, seems to have given the name. That the resemblance may be detected, it may be well to remark that the Indian ladle is a very crooked utensil, with the handle turned quite over the bowl."

The above is here given more for its allusion to the name " Waukesha " than for correct- ness of translation, for it is generally very incorrect, and his statements, except as to Milwaukee, should be forgotten.

This chapter, although brief, was considered by the historian to be of sufficient importance to warrant the expenditure of some time in making it as nearly correct as possible. To this end, all the translations following have been submitted to and indorsed by a Pottawatomie, who lived at Milwaukee, Waukesha and Mukwonago sixty years. They are also pronounced correct by A. Vieau, who has spoken Pottawatomie a half-century.

Milwaukee is a manufactured name, and may mean anything whatever that any person desires to have it. The Pottawatomies called the place Mahn-a-wauk seepe. It conveyed the idea of a gathering-place by the river, seepe always meaning river-a good many ; a full camp. Mr. Hathaway's rule for pronouncing the term is about correct; but it cannot be made to appear on paper as it sounds to the ear when uttered in the peculiar hitching pronunciation and aspirated accent common to the Indians.

Waukesha is also a corruption ; the original name for fox being Wauk-tsha, a word of two syllables, with the accent on the last. The "t" in the second syllable should hardly be made distinguishable, and the "a" should be sounded like "a " in aster. Wauk-tsha was Potta- watomie for fox. Fox River was Wauk-tsha seepe, below Mukwonago; above that point, it was Tobee-gas-cou-tak seepe, or Fire River ; also Pishtaka.

The Indian village which stood where Waukesha now stands was not even Wauk-tsha, but Tchee-gas-con-tak ; accent on the final syllable, the "a " of which should sound like " a " in aster. Its meaning was " burnt, or fire-land." Prairie country began near Waukesha, and according to the Pottawatomies, it was much frequented by fires, as is common to all prairies; hence its name, burnt or prairie-land.

Muk-won-a-go, accent on the final syllable, means bear ; black bear.

Musk-ee-guack, accent on the final syllable, means sunfish. Muskego was derived from this term.

What is now known as Muskego Center, as well as Little Muskego Lake, was called by the Indians, Puk-woth-sic ; a high piece of ground, a hill. The word should be uttered with the chief accent on the third syllable.

Nashotah has been but slightly emasculated by the whites. The correct Indian term was Nee-sho-tah ; accent on the final syllable, with the "a " like "a " in aster. It means " two," or "twin waters." No one who has seen the two lakes in the town of Summit, which go by this name, will doubt its appropriateness. Literally, Nee-sho-tah means "two sons at once.' Nee-sho-tah nee-peesh means twin waters, or two lakes.

Pewaukee is from Pee-wauk-ee-win-ick, which means " the dusty place." Dr. I. A. Lap- ham, in 1843, was the first to assail the vulgar translation of "Snail," or " Snail Lake." He did not know* what the translation should be, but declared it should not be snail. Had the Pottawatomies intended to name that body of water " Snail Lake," it would have been called "Neenahs," the "a " sounding like "a " in aster.

Ottawa, simply the name of an Indian tribe, was pronounced Ut-to-wau, the second syllable being hardly heard.

Coo-no-mo-wauk, from which was derived the name Oconomowoc, was the Pottawatomie. term for distinguishing a waterfall in that vicinity.

As-sip.uhn, giving a sonorous accent to the last syllable, means raccoon. It is the name. of a small stream flowing through the town of Oconomowoc, whence doubtless came the impres- sion that Oconomowoc meant raccoon.

*Am-ee-quon means dipper, or ladle, but has no connection with the term " Mukwonago."

*In 1844, Dr. Lapham concluded " Pee-wauk-ee-wee-ning (correct except the final syllable) should be translated "Lake of Shells." The historian, however, has no doubt that " dusty place " is correct.

John A Rice Ing

MERTON

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HISTORY OF WAUKESHA COUNTY.

Menomonee is from Mih-no-min-ee seepe, or "Wild Rice River." More properly the term should be rendered " rice" simply, as nothing was wild with the Indians.

. Bark River was called Coo-no-mo-wauk seepe by the Pottawatomies.

The springs at Waukesha were called Tah-kip nee-peesh ; that is, spring water.

INDIAN OCCUPANCY.

Just when the beautiful lakes, groves and prairies of Waukesha County were first occupied by the Indians, or whether the Indian tribes, as the whites now know them, had any prede- cessors in this vicinity, or precisely what tribes have from time to time made this fair land their hunting-grounds, battle-fields and burial place, will never be known. No record of them is left, and tradition, vague and unauthoritative at best, leads us but a short distance into the past, furnishing the most unsatisfactory fragments of information. Waukesha, however, seems to have been an important point in recent Indian history. So far as actual records determine, the Algie tribes claimed and in fact held sway over this and other portions of Wisconsin during a longer period than any others. There is no doubt that possession was the only title the abo- rigines ever had to the soil among themselves, and the Government also recognized the owner- ship of the tribe found in possession when any final treaty was made. In earlier days, first one tribe and then another would be in possession, owing to the numerous wars in which they engaged, driving each other from place to place ; but the last occupants were mainly Pottawat- omies. After 1820, only a few straggling Winnebagoes and Menomonees infested what is now Waukesha County. The Pottawatomies, however, had several villages within its limits, traces of which can be distinctly seen at several points on the Fox River and some of the larger lakes -notably near Carroll College, at Waukesha, at Mukwonago and at Pewaukee. In 1827, Ebenezer Childs found several hundreds of them at Pewaukee Lake, and four hundred warriors where Waukesha now is, their village extending about a mile along the ridge south of where Carroll College is, also up and down the Fox River.

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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 56

Author: Western Historical Co., pub Publication date: 1880 Publisher: Chicago : Western Historical Company Number of Pages: 1050

Author: Western Historical Co., pub
Publication date: 1880
Publisher: Chicago : Western Historical Company
Number of Pages: 1050