Wabasha County, Minnesota - Chapter 9: Early Courts and Lawyers, 1920

Alexander Ramsey, first territorial governor of Minnesota, arrived in St. Paul, May 27, 1849. June 1, of the same year, by proclamation, he declared the territory fully organized. June 11, he issued another proclamation, dividing the territory into three temporary judicial districts.

The first supreme court of the territory, appointed by the president, con¬ sisted of Aaron Goodrich, chief justice; and David Cooper and Bradley M. Meeker, associate justices. Each of these supreme court judges was to sit as district judge in one of the three judicial districts into which the territory had been divided.

David Cooper was assigned to the bench of the Third District. This dis¬ trict had rather vague outlines, but in general took in all of the southern part of the state, its southern boundary being the northern boundary of Iowa; its eastern and northern boundary being the Minnesota river; and the Mississippi river from the mouth of the Minnesota to the Iowa state line; and its western boundary being the western boundary of the territory.

Judge Cooper held the first court for the Third District at Mendota, August 27, 1849. Henry H. Sibley, afterward governor, was foreman of the grand jury. Judge Cooper, a gentleman of the old school, then but 28 years of age, delivered a most scholarly and finished charge, which for many years was quoted as an authority on the duties of jurors. He also delivered an address of a more personal nature to the lawyers assembled. No business was transacted by this court. It is said that of the members of the jury, only three could write their names, and that eleven could not understand the English language. The court v/as held in a large stone warehouse belonging to the fur company.

Before further terms of the court were held, the first territorial legislature convened. On October 27, 1849, the territory was divided into nine counties. Accordingly the judicial districts were arranged to conform to the new county divisions. Under the new arrangement the First District was made up of the counties of Washington, Wabasha and Itasca, these counties then embracing the eastern border of the territory. Judge Cooper was assigned to this district.

Under this division Judge Cooper held this second court at Stillwater in February, 1850. At this court the first murder trial in the territory was held, a thirteen year old boy being sentenced to ninety days in the guardhouse at Ft. Snelling for shooting a companion, the charge being manslaughter.

Aaron Goodrich was succeeded as chief justice by Jerome Fuller, who served from November 13, 1851, to December 16, 1852. Henry Z. Hayner, who served as chief justice from December 16, 1852, to April 7, 1853, never presided at a term of the supreme court.

April 7, 1853, William H. Welch was appointed chief justice, and Moses G. Sherburne and Andrew G. Chatfield, associate justices. Andrew G. Chatfield was assigned to the district south of the Minnesota and west of the Mississippi.

February 7, 1854, Goodhue (to which Wabasha County was attached for judicial purposes), Fillmore, Washington and Chisago Counties were consti¬ tuted the First Judicial District, and assigned to Chief Justice W. H. Welch. Judge Welch served as chief justice of the supreme court, and as judge of the district embracing this county until May 24, 1858.

Since the admission of the state, May 11, 1858, Wabasha County has been in the Third Judicial District. The district originally included Houston, Olm¬ sted, Fillmore, Wabasha and Winona counties. Since January 1, 1873, the district has included Winona, Wabasha and Olmsted counties.

Thomas Wilson took his seat on the bench May 24, 1858. July 1, 1864, having been appointed to the supreme court, he resigned, and Lloyd Barber was appointed to fill the vacancy. Judge Barber served until January 1, 1872, when he was succeeded by C. N. Waterman. Judge Waterman died February 18, 1873, after a brief interval, in which F. M. Crosby of the First District was on the bench, John Van Dyke was appointed to fill the vacancy. William Mit¬ chell took office January 8, 1874. The session of the legislature of 1881 in¬ creased the number of supreme court judges in this state from three to five, and Judge Mitchell was appointed to fill one of the two judgeships this created. Charles M. Start was accordingly appointed to the bench of the third district. He served from March 14, 1881, to January 7, 1895. 0. B. Gould served from January 7, 1895, to January 5, 1897. A. H. Snow took office January 5, 1897.

In the winter of 1854 the village of Wabasha was designated, by legislative enactment as the county seat of Wabasha County. Alexis Bailly was chosen the first justice of the peace of the county, and an effort made to establish law and order.

The first term of the district court for the county was held in what was known as H. S. Allen & Co.'s warehouse, in the spring of 1856, William H. Welch presiding; S. L. Campbell, clerk; Blois S. Hurd, sheriff, and Thomas Wilson, of Winona, district attorney. No business of importance was trans¬ acted. The bar of the county was John McKee, J. W. Tyson and S. L. Campbell. No grand or petit jurors were in attendance, and after hearing a few motions and granting a few naturalization papers, court adjourned. At the next term of the district court there was a full attendance of jurors. Seventeen indict¬ ments were found, all of which were dismissed for irregularity. Samuel Cole was district attorney and J. W. Tyson acted as county attorney.

Alexis Bailly applied for admission to the bar as a qualified attorney, but failed to pass an examination. He was subsequently admitted at St. Paul. Being asked by one of the attorneys of the county how he managed to pass an examination, he replied that he had a bottle of champagne under each arm and two in his pockets, and nary a question was asked by the committee.

J. A. Criswell succeeded Alexis Bailly in the administration of the law, and was the principal judicial officer of the county, until it was organized for judicial purposes. Although his education was limited, he was an excellent judge of the law, having held the office of justice of the peace in Michigan and Minnesota for over twenty years. Seldom was one of his decisions reversed. He was a man of iron will and strong physical ability, which well fitted him for a frontier justice of the peace. The following incident wrill illustrate his man¬ ner of administering justice. At one time one of the leading physicians was before him, charged with an assault and battery upon one John Murray. During the trial the contestants engaged in a fisticuff, in which the learned justice immediately took a hand, sending each of the combatants to his respective corner. Saying as he did so, "I fine you $20 each for fighting in my court, and you will pay it before you leave the room, or I will lick hell out of you." The doctor soon produced the $20, but Murray could only find $10. Criswell very generously remitted the balance, saying, "The fine goes to the poor, and I would like to see any one poorer than I am," as he chinked the money into his pocket.

The first term of the district court for Wabasha County, under the state organization, was held in what was then known as Hurd's Hall, in Wabasha, in the fall of 1858, Thos. Wilson, presiding; S. A. Kemp, clerk; John W. Tyson, district attorney; R. M. Piner, sheriff; Wm. J. Jacobs, foreman of the grand jury. There was quite a strong bar present: John N. Murdoch, John McKee, John W. Tyson and S. L. Campbell, resident attorneys of the county, with quite a number of outside attorneys in attendance. Among the most noted of these were William Windom and Charles H. Berry, of Winona, J. W. Brisbin, of St. Paul. Quite a number of civil cases were tried. Seventeen indictments were found by the grand jury, all of which was quashed on motion for informalities in the drawing of the indictments.