Wright County, Minnesota - Bench and Bar, 1915

Bench and Bar

Territorial Courts Organized - First Wright County Jurors - Districts Which Have Included Wright County - Judges Who Have Sat on the Wright County Bench - The Bar - Biography - Murder Trials - Court Officers - Civil Cases - Edited by Senator John T. Alley.

The Territorial Supreme Court appointed by President Zachary Taylor, consisted of Aaron Goodrich, chief justice, and David Cooper and Bradley M. Meeker, associate justices. Aside from sitting on the supreme bench, these gentlemen were also to act as district judges. Judge Meeker was assigned to the second district. It embraced all the territory north of the Minnesota and west of the Mississippi. Judge Meeker opened his court on the third Monday in August, 1849, at St. Anthony Falls, using the old and dilapidated government mill for a court room.

After the territory was divided into counties on Oct. 27, 1849, the area that is now Wright county still remained in the second district. Chief Justice Goodrich was assigned to the second district. The seat of justice was to be St. Paul. Judge Goodrich held his first term as judge of the second district in 1850, at St. Paul, in a room adjoining the barroom of the American Hotel, at the corner of Third and Exchange streets.

When the apportionment of 1851 was made, that part of Wright county lying south of the North fork of the Crow river still remained in Dakota county, and as such was still attached to Ramsey county for judicial purposes, Sibley county, which, when organized on March 5, 1853, included this same tract south of the north fork of the Crow river, was attached to Hennepin county for judicial purposes until March 2, 1854, when it was fully organized. Nicollet county, which may have taken in a small portion of the southwestern part of Wright county, was fully organized for judicial purposes when created, March 5, 1853.

By the apportionment of 1851, which placed in Cass county that portion of Wright county north of the north fork of the Crow river, Cass county was attached to Benton county for judicial purposes and so remained until Wright county was created, Feb. 20, 1855. The seat of justice of Benton county was at Sauk Rapids.

In January, 1852, Jerome Fuller, of New York, was appointed to sueceed Judge Goodrich as chief justice, February 16, 1853, Henry L. Hayner, of New York, sueceeded Judge Fuller,

April 23, 1857, President Pierce appointed Judge Welch to sueceed himself, while the successors of Judges Chatfield and Sherburne were: Rensselaer R. Nelson and Charles E. Flandrau.

The fourth judicial district having been created, the first district court under state jurisdiction was held at Monticello, October 4, 1858, Edward O. Hamlin was on the bench, and in the absence of Thomas Chambers, the clerk, James Chambers acted as deputy. A grand jury was empaneled, and a summons issued for the jurors that were missing. The petit jurors were called and dismissed until 9 o'clock the next day. The case of John Carrick and Samuel Carrick vs. John Depew, George E. H, Day for plaintiffs and James R, Lawrence for defendant, was called but postponed until the next day. Edward Hartley was admitted to the bar.

At the session held the following day, Charles King and Willis G. Butler, upon motion of District Attorney James R, Lawrence, were appointed a committee to examine applicants to the bar. The Carrick vs. Depew ease was stricken from the calendar, the plaintiffs being given permission to move to amend on proper notice. A number of the jurors summoned having failed to make their appearance, a fine of $5 each was ordered levied against the following: L. Demick, J. W. Patterson, A. F. Barker, G. W. M. Drake, A. J. Hubbard, Daniel Bradbury, Lyman Case, David Cook, John A. Mallet, H. H. Helm, David Hanaford, H. W. Fuller, Caleb Case, I. F. Lilibridge, C. W. Clarey and James Stevenson. Samuel Whiting, Jr., and Benjamin F. Thomas were admitted to the bar, The case of Abagail King vs. Augustus G. Morgan, Charles King for the plaintiff and James R. Lawrence for the defendant, was called. The motion for Judgment notwithstanding the reply was overruled, and the plaintiff allowed to amend his reply forthwith without eosts. The case of H. M. Weed vs. William Chandler, James R. Lawrence for the plaintiff and Charles King for the defendant, came up on an appeal, was dismissed, and judgment entered for plaintiff by consent of both parties. On this same day, on an appeal filed April 22, 1858, came up the first case heard in Wright county under state laws. It was entitled Barnabus Smith vs. James B. Atkinson, Edward Hartley for the plaintiff and George E. H. Day for the defendant. The jury consisted of Horace Webster, A. J. Hubbard, H. b. Lillibridge, Thomas Steele, John O. Haven, H. H. Welm, Jackson Taylor, Charles W. Lambert, W. H. Fisk, I. N. Barber, James Stevenson and H. W, Fuller. The plaintiff was awarded $50.67.

On this and the sueceeding days, various other civil eases came up, including one of James Griffin vs, Osear F. Jackson, George E. H. Day for the plaintiff and Charles King for the defendant. This case was an issue of law, and was discontinued by consent of the parties upon payment of costs by the plaintiff, October 6, 1858.

Oscar F'. Jackson was indicted October 6, 1858, for the murder of Henry A. Wallace. He pleaded not guilty and was committed to Ft. Ripley to await trial.

Casper Oehrlein was indicted October 6, 1858, for the murder of Michael Oehrlein. He pleaded not guilty and was committed to Ft. Ripley to await. trial.

The state constitution provided that the state should be divided by legislative enactment into judicial districts, to have one or more judges to be elected for a term of six years. The constitution also provided that there should be six original judicial districts. The fourth district consisted of Hennepin, Carver, Wright, Meeker, Sherburne, Benton, Stearns, Morrison, Crow Wing, Mille Lacs, Itasca, Pembina, Todd and Cass. At various times parts of this vast area were set off and new districts created. From 1875 to 1897 the fourth judicial district consisted of Hennepin, Wright, Isanti and Anoka counties. Until 1885, the fourth district judges held regular courts in Wright county in April and October. Beginning with 1885, Wright county courts were held in June and December. By an act approved April 21, 1897, the eighteenth distriet was created, Anoka, Isanti and Wright were detached from the fourth district and Sherburne from the seventh district, and the four counties made to constitute the new eighteenth district. Court was to be held in Wright county on the first Monday in June and the first Monday in December of each year, with such special terms as the judge might designate. Thus Wright county was in the fourth judicial district from May 11, 1858, the date of the admission of the state, until April 21, 1897, since which time it has been in the eighteenth district.

The Bench

Men of unusual character and learning have presided over the courts of Wright county. James Hall, of Little Falls, was the first judge of the fourth district under the new coustitution, The state was admitted May 11, 1858. He never held any general terms and resigned in September, 1858. B. 0. Hamlin, of Sank Rapids, was appointed by Governor Henry H. Sibley, and took office October 1, 1858. In the April term of 1859, Judge Hamlin presided at the trial of the case of the State vs, Jackson, at which the acquittal of the prisoner was followed by a lynching and the "Wright County War.''

Judge Hamlin was an able man and although he served but a short time he made an enviable record. The country was new. There were few precedents and it was often necessary to make law at first hand. Bishop Henry D. Whipple, in a paper read at the fiftieth anniversary of the Minnesota Historical Society, St. Panl, November 15, 1899, on "Recollections of Persons and Events in the History of Minnesota,'' narrated the following incident:

"I could call over a long roll of the legal profession of our state, the peers of their brethren of the most favored cities of the East. Let me mention one name, that of Edward O. Hamlin, of St. Cloud, the honored judge of that circuit. A murder had been committed, and the exasperated citizens judged the legally acquitted suspect by mob law and hanged him. Some of the most prominent citizens of Wright county notified Judge Ham. lin that he must not charge the grand jury with reference to this deed, and that if he did he could never again be elected. Judge Hamlin paid no attention to the threat, but charged the jury in one of the most manly appeals which ever came from a judicial bench. When I read it, I said to my friend, 'Hamlin, I would rather have made that charge of yours than to be Presi. dent of the United States.' "' Judge Hamlin resigned after the fall term in 1859 and entered private practice in St. Cloud. He remained one of the leading practitioners until some years after the Civil War, In common with many of the lawyers of the county he took a lively interest in public affairs and was the first mayor of St. Cloud upon its organization as a city m 1862.

Judge Hamlin was succeeded by Judge Charles E. Vanderburgh. Judge Vanderburgh was a Yale graduate, taught school, studied law, was admitted in New York, came to Minnesota in 1856, and was made judge in 1859 at the age of 29 years. Notwithstanding his youth he made good and was the first judge who sat upon the Wright county district bench to ascend to the supreme bench of the state. When the seventh judicial district was established by the legislature of 1866, Judge Vanderburgh remained judge of the fourth district until 1881, when he went to the supreme court and served as a justice of that court until 1894.

James ©. Tarbox was appointed the first judge of the eighteenth judicial district by Governor David M. Clough. In the fall of 1898 the republican delegates of the district met at Elk River to nominate a candidate for the office. The names before the eonvention were James C. Tarbox and J. J. Woolley, of Wright county; Frank T. White, of Elk River, and A. E. Giddings, of Anoka. After the thirty-sixth ballot, Mr. Woolley released his delegates, and A. E. Giddings was given the nomination on the thirty-seventh ballot. Judge Tarbox ran as an independent candidate, endorsed by the Democrats, but Judge Giddings was elected. He took office January 2, 1899.

In the meantime, Wescott Wilkin, of the second district, had held special terms of court, and beginning in April, 1877, Austin Hi. Young had relieved Judge Vanderburgh by holding a Wright county term once each year, 5S. J. P. MeMillan, of the first distriet, presided over the trial of the townsite cases during the March term of 1863. With these exceptions, Judge Vanderbarg

William Lochren held his first Wright county court in April, 1882, and his last in June, 1888. His courts here were aa follows: April, 1882; October, 1883; June, 1885; December, 1886; June, 1888.

M. B. Koon held his first Wright county term of court in April, 1883, and his last in October, 1884. These are the only terms which he held here.

John P. Rea held his first Wright county term of court in June, 1886, and his last in December, 1888, These were the only terms he held here except the special term held in February and April, 1887.

Henry G. Hicks held his first Wright county term of court in December, 1887, and his last in June, 1892. These were the only two terms he held here.

Frederick Hooker held his first Wright county term of court in June, 1889, and his last term in December, 1891. These are the only two terms he held here.

Seagrave Smith held his first Wright county court in December, 1889, and his last in June, 1896. These were all the terms of court he held here except the June term of 1893.

Charles M, Pond held his first Wright county court in Deeember, 1890. The only other term of court he held here was his last term, June, 1895,

Henry C. Belden and David F. Simpson became judges of the fourth district while Wright county was still a part of that district, but they did not preside over the eourt in this county.

James C. Tarbox, appointed judge of the new eighteenth district, held his first term of the Wright county court in June, 1897. Judge L. L. Baxter, from the seventh district, heard some of the cases in this term of eourt. Judge Tarbox also held the term of December, 1897, and of June and December, 1898.

The Bar

Until April 21, 1891, attorneys were admitted to the bar by the district court. Since then they have been admitted by the superior court after examination by the State Board of Examiners.

The first lawyer to be admitted in this county after Minnesota became a state was Edward Hartley, October 5, 1858, In admittings him, the old legal phrase, '' Attorney and counsellor at law and solicitor in chancery'? was used. Those admitted since his day were designated as '' Attorney and counsellor at law."'

Whiting practiced at Clearwater. Thomas, Moore and Hinman practiced in Monticello. Gordon practiced in Clearwater and Monticello. Bradley and Adams practiced in Monticello, The location of the others was as follows: Sleeper, Old Waverly; Fish, Delano; Farnham, Cokato and Delano; Briggs, Howard Lake; Van Eman, Delano; Cochran, Waverly and Buffalo; Porter, Delano; Warren, Howard Lake; Alley, Howard Lake and Buffalo; Sexton, Annandale, Buffalo and Cokato; Latham, Howard Lake; the O'Hairs, Delano; Eaton, Delano and Buffalo; Holston, Delano and Cokato; Culkin, Waverly and Buffalo; Smith, Howard Lake (never entered into active practice in this county te any important extent); Lindsley, Delano; Carter, ; McLeod, near Watertown (never entered into active practice in this county to any extent); Collms, Delano, Cokato and Smith Lake; Cutting, Clearwater and Buffalo; Woolley, Howard Lake and Buffalo; Pidgeon, Buffalo; Crowell, ; Reardon, ; King, Annandale, South Haven and Fair Haven.

Many lawyers who were admitted to the bar in other counties and in other states, or in recent years upon examination before the state board, have practiced in Wright county. Among them may be mentioned:

.W. E. Hale, Buffalo, in the sixties; R. H. McClelland, Howard Lake, late seventies; Josephus Alley, Howard Lake, late seventies; Joseph H. Wendell, Buffalo, from the early seventies until about 1910; John F. Dilley, Buffalo, in the seventies; P. A. Defour, Buffalo, late seventies and early eighties; James C. Tarbox, Monticello, early eighties until his death, with the exception of a period on the bench; Preble, Monticello, in the eighties; W. H. Spath, Waverly, the nineties and later; - - -- - ~ Brown, Cokato, - - - - ; A. T. Larson, Buffalo, Cokato and Monticello, middle nineties; John Casey, Waverly, early nineties until entering the government service; E. S. Oakley, Buffalo.

In addition to these, the names of several attorneys will be found in the list of the early district attorneys. Possibly some of them had law offices in Wright county.

The bar of Wright county is now represented by the following talent: Buffalo, W. H. Cutting, C. 5. Hawker, J. T. Alley, H. C. West, Stephen A. Johnson, J. J. Woolley. Monticello, H, S. Whipple, J. M. Woodworth. Delano, F. H. Lindsley. Maple Lake, J. E, Madigan. Howard Lake, F. E. Latham.