USA > Wisconsin > Columbia County > The history of Columbia county, Wisconsin, containing an account of its settlement > Part 97
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Richard Dempsey's house, Fourth Ward, October 15, 1860. Five hundred dollars in money destroyed. Insurance on property, $1,000.
Dean & Smith's foundry and machine-shop, August 21, 1861. It is believed the building was struck by lightning. Loss estimated at $20,000; insured for $5,000. Thirty men were thrown out of employment.
" Doc " Wooster's house on the river bank, August 26, 1861.
Samuel Edward's house, September 25, 1861 ; partially insured.
Mr. Peterman's frame building in the First Ward, March 17, 1862; insurance $1,000.
Railroad depot and other buildings, January 19, 1863-a very disastrous fire-destroying property to the extent of $30,000. It originated in W. D. Fox's storehouse at the west end of the depot, and spread to the depot building and eating-house; thence to the saloons of Carl Schneider and T. V. Derkson. S. S. Case's elevator building was the next to catch. In it were stored about ten thousand bushels of wheat and barley belonging to different parties.
C. H. Moore's house, near the old Christopher Hotel, March 19, 1863.
James Chancellor's house, February 19, 1864.
The old pottery, in the Third Ward, August 31, 1864.
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HISTORY OF COLUMBIA COUNTY.
Mrs. M. C. Alvord's house, First Ward, October 3, 1864; insured for $300.
The Columbia County Jail, December 24, 1864. Set on fire, it is believed, by prisoners, who tried to burn a hole in the floor, in order that they might escape.
Mr. Luther's new dwelling, in the Fourth Ward, March 1, 1865. Loss, $300; partially insured.
Felix Curran's residence and grocery, March 13, 1865. Loss, $800; insured for $500.
Thomas Buttrey's boot and shoe shop (the property of John Williamson) and W. G. Bunker's harness-shop, June 5, 1866. Loss $800.
Extensive conflagration on Cook street, July 7, 1866, resulting in the destruction of the following buildings and stores : Robert Norris' grocery, Morris Collins' grocery, James Mal- colmson's second-hand store, Louis Eltermann's jewelry store, (over which resided George Helmann, the owner of the building), William Niemeyer's confectionery store, John Verson's harness-shop and residence, Andrew Kiefer's barber-shop and residence, and Donald Ferguson's residence. Mrs. Wightman's millinery store was saved by the efforts of a large number of ladies, who formed a line reaching to the canal and passed water in buckets to quench the flames that threatened their favorite temple of fashion.
A frame building occupied by Thomas Pile, M. Slinger and James Scott, adjoining the St. Charles Hotel, February 27, 1868 ; insurance, $250.
An unoccupied building in the Second Ward, belonging to Mr. McGoorty, November 20, 1868.
A large frame building belonging to N. H. Wood, burned January 27, 1869, while being removed from the First to the Fourth Ward. Loss, $300 ; uninsured.
Charles Sternberg's tannery on Canal street, June 9, 1869. Loss, $1,500 ; insured for $700.
A frame building known as the Murison House, in the Fifth Ward, December 25, 1870 ; partially insured.
Portage Stone Mill, owned by Wells & Craig, April 11, 1870. Loss, $24.000 ; insured for $14,000.
Engine House of the Portage & Madison Railroad, February 21, 1871.
Portage Hotel, near the depot, the property of James Graves, August 23, 1871 ; insured for $1,000.
John Bryan's livery stable, Fourth Ward, October 10, 1871.
I. Holmes' house in the Fifth Ward, occupied by J. M. Russell, partially burned, Decem- ber 25, 1871.
Herrigel's building, Cook street, December 10, 1872. Loss, $500 ; no insurance.
D. A. Goodyear's building, occupied by C. A. Driese as a cigar manufactury, same date ; insured for $600.
E. Wright's dwelling, in the outskirts of the city ; same date.
George Brown's residence, Fourth Ward, January 5, 1873. Loss, $1,500 ; insured for $1,000.
Barn and granary of Patrick Mulcahey, March 18, 1873. Two horses burned to death.
Henry Hermann's residence, First Ward, December 4, 1874.
A building in the rear of the St. Charles Hotel, February 22, 1874.
John Bryan's slaughter-house, June 20, 1874. Loss, $200.
John Brisbois' residence in the Fourth Ward, June 26, 1875. Insured for $1,050, about two-thirds of the loss.
The unoccupied dwelling of P. McMurray, in the First Ward, August 23, 1875.
Carnagie's planing-mill, scorched October 7, 1875.
Ellsworth House, barn, property of Mr. McDonald, November 15, 1875. Four horses and three cows burned to death.
John Ringner's house, near Carnagie's planing-mill, February 3, 1876.
George Port's warehouse, Fourth Ward, April 1, 1876. Loss, $4,000; insurance, $1,000.
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Henry Emder's barn, adjoining the hotel, September 30, 1876.
Henry Fink's stable, January 11, 1877.
Burning of the grass in Silver Lake Cemetery, April 25, 1877.
Peter Neiss' dwelling badly damaged, May 15, 1877.
E. J. McCabe's dwelling, Fifth Ward, July 18, 1877 ; insured for $2,075.
John Mueller's cooper-shop, July 28, 1877. Loss, $800; insurance, $250.
Fire in, and narrow escape of, Pettibone's Block, September 22, 1877.
Joseph Lee's house, Fourth Ward, September 23, 1877.
City Hotel, October 24, 1877 ; insurance, $1,000.
The old Pettibone store, January 16, 1878. Loss, $500; no insurance.
D. A. Goodyear's residence, February 8, 1878. Loss, $1,500; uninsured.
John T. Clark's barn, March 17, 1878.
John Duerr's house, Second Ward, May 13, 1878.
House in the Fourth Ward belonging to John T. Clark, August 20, 1878.
Morris Collins' house, Fourth Ward, October 12, 1878.
The Kirby House barn, and the old Ira Blood house, First Ward, November 8, 1878.
Mayor Arnold's barn, Fourth Ward, February 4, 1879.
Patrick Hayes' house, near the lock, May 1, 1879 ; insurance, $1,000.
E. A. Wells' residence, built in 1857 at a cost of $3,550, May 7, 1879; no insurance.
Liederkranz Society's building, occupied by A. Matthieson, tailor, May 22, 1879; insur- ance, $500.
Barns of Mr. Pauley and Mr. Zastrow, in the First Ward, May 30, 1879.
Unoccupied house of Mr. Chase, in the First Ward, January 10, 1880.
Unoccupied buildings at east end of the Wisconsin Street Bridge, owned by Mary A. Keegan, March 9, 1880; uninsured.
BANKS.
The Columbia County Bank was started as a banking institution in 1853 by Marshal & Ilsley, of Milwaukee, and the late Harrison S. Haskell, the latter having charge of the business. May 1, 1854, it was regularly incorporated with Samuel Marshall as President, and H. S. Haskell as Cashier ; capital, $25,000. In the spring or summer of 1855, Fred. S. Ilsley went into the bank as teller or assistant cashier. At this time Mr. Haskell's brother, Harvey, was also connected with the bank as book-keeper. In October, 1855, Mr. IIaskell sold out bis stock in the bank and retired. John P. McGregor then bought in and became Vice President; F. S. Ilsley being cashier and also a stockholder, and James Chancellor was book-keeper. In 1857, John S. Henderson went into the bank as a clerk. In 1858, F. S. Ilsley sold out his stock, and John S. Henderson became acting cashier. In 1859 or 1860, Horace E. Wells became a stockholder and cashier, Marshall & Ilsley having sold out their interest entirely, and Mr. Mitchell became book-keeper. About 1863, Henderson's health failed, and he left the bank, going to California, and Joseph Hainsworth came in as assistant cashier. In 1864, Theodore Goldsmith was engaged as clerk, and afterward was assistant cashier. About 1865, Horace E. Wells sold out his stock, and J. P. McGregor became the sole stockholder, and in 1866-67 Hainsworth left, going to Kilbourn to start the Bank of Kilbourn. A year or so afterward, C. Wheeler became cashier, and a year later W. M. Patton became assistant cashier. In the panic of 1873, the bank failed and went into the hands of receivers, who wound it up.
Bank of Portage .- This bank is also numbered among the financial institutions that became victims of panics. It was organized in 1857, with D. Vandercook as President, and H. L. Norton, Cashier. E. O. Emerson, who was its President and chief owner when it failed, is now paying the creditors of the Portage Bank. He is living in Titusville, Penn., and makes regular remittances to Ll. Breese and L. W. Barden, his appointed agents in Portage, who dis- tribute the funds equitably among the creditors.
City Bank of Portage .- Incorporated April 16, 1874. Commenced business May 4, of the same year, with the following directory: R. B. Wentworth, W. D. Fox, E. L. Jæger,
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HISTORY OF COLUMBIA COUNTY.
A. Weir, R. O. Loomis and Ll. Breese. The officers were: Ll. Breese, President ; E. L. Jæger, Vice President; R. B. Wentworth, Cashier. There has been but one change in the directory, A. Weir being succeeded by W. S. Wentworth, and but one in the officers, W. S. Wentworth succeeding his father as cashier. The capital stock is $25,000. Located in Van- dercook's Block.
German Exchange Bank of Portage .- A private banking institution established by Haertel & Schulze, in 1874, with a capital of $20,000, Charles Haertel, President, and F. W. Schulze, Cashier. Upon the death of Mr. Haertel, Mr. Schulze became President, and R. A. Sprecher, Cashier. £ Located in Haertel's Block.
WISCONSIN EDITORIAL ASSOCIATION.
It is a matter of history that the first meeting of this well-known body was held in Port- age. There were twenty-three members present, as follows : Harrison Reed, Conservator, Neenah and Menasha ; E. A. Calkins, Argus and Democrat, Madison ; J. W. Hoyt, Wiscon- sin Farmer, Madison ; Horace Rublee, State Journal, Madison ; Ansel N. Kellogg, Republic, Baraboo ; Frank Hyde, Express, Marquette ; J. T. Farrar, Democrat, West Bend; L. M. Rose, Freeman, Sparta ; Horace Norton, Rara Avis, Portage ; D. McBride, Star, Mauston ; A. Holly, Mirror, Kilbourn City ; H. N. Ross, Evergreen City Times, Sheboygan ; S. D. Car- penter, Patriot, Madison ; Charles Roeser, Demokrat, Manitowoc ; F. A. Moore, Democrat, La Crosse ; A. J. Turner, R. B. Wentworth and M. M. Davis, Record, Portage ; J. A. Leonard, Republican, Waukesha; M. M. Pomeroy, Argus, Horicon; J. A. Brown, C. C. Britt, and J. M. Doty, Badger State, Portage; H. E. Hascall, State Republican, Lansing, Mich., permitted to join in the proceedings by courtesy.
The meeting took place at Pettibone's Hall on the 9th of July, 1857, and was called to order by M. M. Pomeroy. Upon the motion of C. C. Britt, Harrison Reed was elected Presi- dent and E. A. Calkins and A. J. Turner, Secretaries. Resolutions were passed reciting rea- sons why the rates of public printing should be increased; calling upon the Legislature to authorize the publication, in newspapers, of all general laws passed by that body at the various sessions ; approving the system adopted by the railroad companies of cutting off the peculiar privileges of " dead heads," but protesting against the term being applied to " our brethren of the local press ;" condemning violations of the good old custom of sending newspapers to those who pay only in advance; recommending a discontinuance of the practice of "puffing" in general and the total exclusion of quack advertisements in particular. Scales of prices for advertising and job printing were adopted, as were also a constitution and by-laws. The fol- lowing officers were elected : President, Harrison Reed ; Vice Presidents, F. A. Moore, Charles Roeser and John A. Brown; Corresponding Secretary, J. W. Hoyt; Recording Secretary, M. M. Pomeroy ; Treasurer, Alanson Holly ; Executive Committee, A. N. Kellogg and H. N. Ross. Charles D. Robinson, of the Green Bay Advocate, and Horace Rublee, of the Madison State Journal, were appointed essayist and poet respectively, and instructed to be present in Madison, at the next meeting, the third Wednesday in June, 1858, with their literary produc- tions.
The members of the association were entertained at the residence of Mayor McGregor in sumptuous style, and, at the end of their two days' deliberation, took their departure highly pleased with their visit and convinced that all that had been said about the beauties at Portage was true.
At a subsequent meeting of the association it was decided that the members should furnish historical matters, to be read before the association, concerning the press in the respective localities respresented by them. The result was very satisfactory, and the letters of the various editors were afterward published. Here is one from John Delaney, of Portage : " Brother Hyer : In reply to your letter of inquiry I have leisure only to state that on the fourth of July, 1850, I issued the first number of the River Times. I had a short time before
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HISTORY OF COLUMBIA COUNTY.
that come to Portage City to reside and practice law. We had everything except a newspaper to make a city. I had learned the trade at Green Bay, commencing in 1834, and on the solicitation of business men and politicians was induced to resume it for a time. I started the paper partly to advance the town, and keep up with other cities in dispensing knowledge of our advantages, and partly to give tone, so far as I could, to the politics of the day. I had seen many of the would-be leaders of the Democratic party pandering, through a change of its creed, for the abolition vote of the State, willing to insert or strike out planks from the plat- form to suit the day, but still retain the name of DEMOCRAT-anything, so a numerical major- ity of the vote of the State could be saved to candidates for office. I foresaw that such a course must end in sectionalizing the party ; and, in disgust and indignation, did what little I could to stem the tide, with satisfaction to myself as to my own course. The Times was merged in the Badger State in 1853. The publication of a Democratic paper was soon followed by that of a Whig paper, to carry on the political war. W. W. Noyes started the Northern Republic, a national Whig paper, in 1851.
" Fraternally yours,
JOHN DELANEY."
EARLY JUSTICE IN PORTAGE.
Many interesting memories are extant concerning the early history of Portage. None, however, are so excruciatingly Indicrous or pathetic as those pertaining to the legal profess- ion, concerning scenes in the early Justices' Courts. An idea of the ability of the average Justice of the Peace, in those days, may be had from the following entry made in a Justice's docket twenty-six years ago, a large number of these record-books being still in existence :
" A warrant was ishude on the 17 day of augost 1854 and delivrd to coon Deputy cheref prisner in custiaty on the 18 prisner pleeds nott gilty on oplicashun ov prosecutin witnes the abov coase is continude til the 12 da ov Augost by concent of the dafendint at 1 O'C p. m. prisner dischargde whereas michel Craythin hes maid othe befor me aganst Graves for Sault And Batery whitch was A melishus prosecushun so thearefoor i rendearde a gugmant aganst Michel craythin for coast ov this sute coasts ov cort 168 cherefs feas 50."
It must be remembered that the above was written before Josh Billings was heard of. In it we see traces of Nasby's style of orthography. but as there is no record of that. distinguished citizen ever having visited Portage, it would be unjust to charge him with plagiarism.
In 1855, a trespass case came before a Portage Justice, the parties to the suit being well known and respected citizens. The very best legal talent in the city was engaged. Eloquence was then considered more powerful and effective than the rules of equity laid down in the books. Clients were not slow to observe this, and they generally took advantage of the strange condition of things. The defendant's counsel, for reasons of their own, obtained a change of venue to another Justice. and the Judge before whom the case originally came subsequently joined the counsel for plaintiff and aided in the prosecution. When the case came up it was discovered by the defense that the written complaint had been interlined and otherwise changed in favor of his opponents. The handwriting very closely resembled that of the Judge before whom the case was then on trial, and the irate attorney who made the discovery was not slow to accuse " His Honor " of having perpetrated the irregularity, for which mark of disrespect for the dignity of the bench he was fined $10. The implicated limb of the law arose to make an explanation, but, before he had concluded, was again fined for contempt and threatened with imprisonment if the offense was repeated. A most exciting scene then followed, resulting in the Judge being twice denominated " an old liar," and the attorney receiving an infliction of a like number of fines, making the total penalty $40. Amid the wildest confusion, a recess was taken, and during the interval one of the plaintiff's attorneys induced counsel on the other side to agree to a jury trial, and at the same time persuaded the Judge to remit the fines, provided defendant's counsel would make due apology. A jury of six men was accordingly summoned, and when the court convened the matter was smoothed over and the case proceeded. The entire
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afternoon was taken up with discursive arguments, the jury frequently leaving their seats and retiring to an adjacent saloon for "consultation." When night came, the case was closed and the jury locked up, but it was evident to all concerned that there would be a disagreement. Judge and counsel then adjourned to a favorite resort across the street, where they awaited the result with such anxiety as to necessitate frequent potations of gin and sugar to keep their cour- age up. The opposing counsel vied with each other in efforts to "make it pleasant for the Judge," succeeding even beyond their most sanguine expectations ; for when the short hours of the morning came his mental, physical and judicial equilibrium had given away, and after embrac- ing each of his genial companions he insisted upon going over to the court room to re-instruct the jury. He was dissnaded from performing this unnecessary act, for the jury had agreed to disagree. When the Judge was apprised of the fact that there had been a disagreement, he assumed an air of indignation and made an attempt to be very dignified, avowing that he would "fine them for contempt of (hic) court." After falling over a chair, for which he apologized to the stove, his friends conveyed him to his home. During the night, when the prospect for a verdict was being discussed, the Judge took each of the opposing counsel aside and confiden- tially assured them that in case the jury disagreed he would decide the case in their favor. " Leave it to me," he said to each of them, " leave it to me, you're all (hic) right."
On another occasion, a replevin suit was up for trial, the property in dispute being a flock of sheep. The defendant's attorney, thinking to discourage his professional brother of the other side, said to him that there was no use in attempting a successful prosecution of the case, as he (counsel for defense) knew of a witness who would swear to anything necessary to insure a decision in his client's favor. Plaintiff's attorney saw at once that there was no hope for his client in court, so he advised him to procure a wagon, and, while the case was being tried, to proceed to the premises where the sheep were, and take them, vi et armis, if necessary. As was expected, the case was decided in favor of the defendant, but the sheep were never after heard of. This celebrated action has ever since been referred to as the " sheep-stealing case," and the eminent lawyer who planned the seizure of the mutton is highly esteemed, by young dis- ciples of Blackstone, for his sagacity. There is no doubt that this case will some day be cited as a precedent.
Thomas Christopher once brought suit against Col. Tom. Reynolds, before His Honor Richard Dempsey, J. P. Hugh McFarlane was summoned as a witness. While on the stand, he claimed the right to give evidence in his own peculiar manner, to which an attorney, named Johnson, demurred. After much sparring, the witness put a quietus on the legal questioner, by saying : "If you interrupt me again, I will kick you square in the mouth."
Mr. Fry. one of the jurors, disgusted at such undignified conduct in court, rose to his feet and shouted, in a stentorian voice : " If this is to be a d-d row, I am going to leave. Con- stable, where is my coat and hat ?"
The court objected to his leaving, and ordered him to be seated, threatening a fine for con- tempt of court. The refractory juror politely invited him to fine and be d-d, asserting that His Honor was nothing but an old wooden head anyway. Then the court, becoming highly indignant at such insolence, ordered the juryman, in language more forcible than polite, to leave the temple of justice.
Pending the trial, it became necessary for the court to take the witness-stand and supply evidence to sustain the complainant. Tom Reynolds, the defendant, being a Justice of the Peace, administered the oath, and, after the direct testimony was given, another juror, named Jimmy O'Neill, cross-questioned the court. His questions were so impertinent that the witness lost all patience, and it was only by the interference of the other jurors that a fight was pre- vented. The verdict is not recorded.
But the members of the legal profession in Portage seldom lost control of themselves, and we know of but one fisticuff to record in which lawyers participated. The little unpleasantness grew out of a case that had came before a Portage Justice, in which a man and wife, residing in the town of Caledonia, were the defendant and plaintiff, respectively. There had been previous
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trouble in that household, resulting in black eyes and dislocated joints, but these are of that class of domestic infelicities that attract but little attention. This time the question of the possession of certain property was involved, and the best "legal " talent in the city had been employed on both sides. When the arguments were reached, counsel for defendant (the hus- band) made an eloquent appeal, on behalf of what he was pleased to call the injured man. During the forensic onslaught, plaintiff's attorney, when his antagonist became too severe upon his fair client, would pull the speaker's coat tail and otherwise attempt to disconcert him. The Judge had observed the procceding, and finally told the meddling attorney that his conduct was very unbecoming. Defendant's counsel continued to "warm up," not forgetting to occasionally abuse the gentleman on the other side for his unseemly interference. Pretty soon there came another tug at the coat tail, and as the speaker turned quickly around, probably to wither his opponent with a look, he received a blow square upon the nose, causing that organ to bleed copiously. Recovering himself, he knocked his assailant down, and then a rough and tumble fight took place, the belligerents both being pretty badly used. Plaintiff's counsel, being small of stature, had received a severe trouncing; both of his eyes were closed up tight, and he had been com- pelled to desist because he could no longer see whom he was hitting. Peace restored, the blood was washed away, and the attorneys accompanied each other from the court room, the victor leading the vanquished to his home.
In 1858, a petty case came before a well-known Justice of the time, for equitable adjust- ment, the defendant in which had a wide reputation for the frequency of his appearance in court, and his uniform success in getting a verdict or decision in his favor. The case was a somewhat aggravated one, the plaintiff having hesitated for a long time before concluding to enter into legal proceedings with an adept at lawsuits. Two of the best lawyers in the city were engaged, both being men possessed of rare powers as pleaders. When the defendant laid the case before his attorney, he was told that he would be beaten, because the facts and circumstances were clearly against him.
"That's none of your d-d business," replied the client; "facts and circumstances have nothing to do with it. Pay no attention to them, but go in and attack plaintiff's lawyer and do your best; that's what I'm paying you for."
" Very well," quoth the attorney, " I have no faith in the case whatever, but I'll make all the noise I can."
" That's right; slaughter the other fellow with words for weapons. Smother him with technicalities. Say anything you please to him, and I'll stand by you. Don't mind the merits of the case ; I'll look out for that.'
When the case came on there was a large crowd present, in anticipation of seeing the fun. The preliminaries were gone through with very quietly. The testimony was extremely favor- able for the plaintiff, and it was generally conceded that he had won his case. Argument commenced with a full house, and the spectators were entertained for several hours with the most exciting debate they had ever listened to. The case was entirely lost sight of, and a fight between counsel was several times most imminent. The plea of defendant's counsel was excep- tionally eloquent. When the arguments closed, the Judge arose and said :
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