Clark County, Wisconsin - Chapter 20: The Circuit Court, 1918

When the Indian title to this region was relinquished in 1837, the area that is now Clark County was under the jurisdiction of the Territory of Wisconsin, whose judicial power was vested in a Supreme Court, District Courts, Probate Courts and Justices of the Peace. Clark County remained under the judicial jurisdiction of Crawford County throughout the territorial days, and during the early years of statehood.

By the state constitution which went into effect in 1848, Crawford County, of which the settled portions of Clark County were a part, were made a part of the Fifth Circuit. Hon. Mortimer M. Jackson went on the bench, Aug, 28, 1848. When the Sixth Circuit was created in 1850, the settled portions of what is now Clark County fell under its jurisdiction. Hon. Hiram Knowlton went on the bench Aug. 6, 1850.

By act of the legislature approved Feb. 17, 1854, to take effect Jan. '12 1855, the Sixth Circuit was divided, leaving in its jurisdiction the counties ot Crawford, Bad Axe, La Crosse, Monroe, Jackson, Clark, Trempealeau and Buffalo, Clark County was attached to Jackson County for judicial purposes, and court was to be held in Jackson County on the fourth Monday of March and the fifth Monday of October.

"Section 1. From and after the first day of January next the County of Clark shall be fully organized for judicial purposes, and shall enjoy all the rights and privileges appertaining to other counties so organized in this state.

"Sec. 2. Said County of Clark shall be and hereby is constituted a part of the Sixth Judicial Circuit, and two terms of the said court shall be holden annually, in said County of Clark, at the county seat thereof, towit: on the fourth Monday of June and fourth Monday of December, in each year.

"Sec. 3. All writs shall issue and be made returnable as required by law, in other counties in this state, and all laws now in force applicable to the summoning and empanelling of jurors shall be applicable to and be in force, in said County of Clark.

"Sec. 4. The qualified electors of said county, at the general election to be held in said county, in November next, shall elect a register of deeds, clerk of the board of supervisors, a county surveyor, a county treasurer, a sheriff, district attorney, clerk of the court and coroner, who shall qualify as required by law, and enter upon the duties of their several offices, on the first day of January next, and hold the same as now provided by law.

who shall qualify as now provided by law, and enter upon the duties of his office on the first day of January next, and [hold| the said office for the term of two years, and until his successor is elected and qualified. At such election the votes given for such officers shall be returned and canvassed in the same manner as votes are returned and canvassed at a general election in the organized counties in this state."

Clark County remained under the jurisdiction of the Sixth Circuit until Jan. 1, 1892, when it became a part of the newly created Seventeenth Circuit. The circuit now consists of Clark, Jackson and Juneau counties, and for some time past, the judge of the circuit has also sat as judge in Sauk County, though that county is not officially a part of the circuit.

The first term of court in Clark County was opened at the courthouse at Neillsville, Sept. 6, 1858, with Hon. George Gale, of Galesville, on the bench; B. F. French, district attorney ; 8. C. Boardman, clerk, and Adna 8. Morgan, sheriff. Upon motion of William T. Price, George Y. Freeman, of Galesville, was admitted to the bar. September 7 the court convened, but was immediately adjourned. On motion of G. W. King, B. F. Chase was admitted to the bar, and on motion of C. C. Pope, Samuel N. Dickinson and B. F. French were admitted. The case of Daniel Farrand against Hugh Wedge, appealed from a justice, was, on motion of W. T, Price, attorney for the plaintiff, dismissed for lack of jurisdiction. George Frantz, of Prussia, and John Hoffer, of Hanover, were admitted to citizenship.

The second term opened Sept. 7, 1859, Judge Gale on the bench. Two divorces were referred to a commissioner and granted. Several cases were continued; in one the venue was changed to Jackson County, and in one case judgment having been previously entered by default, a stay of execution was granted. The case of Samuel F. Weston against the Board of Supervisors of Clark County was continued, and was not finally settled until Sept. 4, 1860, when it was dismissed without costs.

The third term was held May 23, 1860, Judge Gale on the bench. The first jury in the county sat at this term, but found no indictments. Several civil cases were continued or dismissed. In the case of William C. Tompkins against Clark County, appeal from the board of supervisors, a motion by the defendant to dismiss was overruled and $5 costs assessed, but the jury brought in a verdict for the defendant. This was the first District Court jury trial in the county. In the case of Chauncey Blakeslee against Clark County, appeal from the board of supervisors, the appeal was dismissed on motion of the defendant, and $5 assessed for costs of the motion. At this session, in the case of James M. Garrett against William Flynn, in regard to the payment of a note and the foreclosure of a mortgage, the court signed the first degree that is entered in the records. 5S. Briggs was admitted to the bar on motion of James J. Lyndes. Charles Hetchel, of Great Britain, and Frederick Yankee, of Prussia, were naturalized.

The fourth term was held Sept. 4, 1860, with Judge Gale on the bench. A few civil matters were considered and naturalization papers were granted to Gottlieb Garber, of Prussia; George Hill, of Great Britain; Carl Schlinsock, of Prussia, and Conrad Dell, of Hesse.

and Gustavus Stearns as clerk. A number of civil matters were considered. The grand jury for the first term in the history of the county bringing in an indictment, the accused being George Pettengill, who had killed an Indian, 8. N. Dickinson, appointed by the court to defend Pettengill, moved to quash the indictment, but the motion was overruled, Pettengill was remanded to the La Crosse County jail and his bonds set at $2,000. J. M. Hackett, Henry Huntzicker and David Smith were held as witnesses under bonds of $100. S. N. Dickinson and James O'Neill were appointed court commissioners, Carl Rich, John Hehn and Martin Redke, of Prussia, and James Burke, of Great Britain, were naturalized.

A special term was held Sept. 3, 1861, with Judge Gale on the bench. Pettengill was tried by a jury, Messrs. French and Losey appearing for the state, and Dickinson and Montgomery for the prisoner. A verdict of "not guilty" was rendered, A change of venue to Eau Claire County was taken in the case of the Clark County supervisors against Chauncey Blakeslee. Several cases were considered and Carl Wagoner and Anthony Scheisel, of Prussia, were naturalized.

In 1861, Isaac E. Messmore contested Judge Gale's seat. Judge Gale had been elected for the six years beginning Jan. 1, 1857, as judge of the Sixth District, then embracing Crawford, Bad Ax, La Crosse, Monroe, Jackson, Clark, Buffalo and Trempealeau counties. But by an act of the legislature (approved March 30, 1861) the counties of Crawford, Bad Ax, La Crosse, Monroe and Jackson were constituted the Sixth District, and the counties of Trempealeau, Buffalo, Pepin, Dunn, Dallas, Chippewa, Clark and Eau Claire were constituted the Eleventh District. Judge Gale was by this act made judge of the Eleventh District. The Governor, on April 10, 1861, appointed Isaac E. Messmore judge of the Sixth District. The matter went to the Supreme Court (14 Wis. 164) and it was determined that the legislature had no authority to assign Gale to the Eleventh District, and that the Governor had no power to appoint Messmore to the Sixth. Judge Gale, therefore, remained the judge of the counties which constituted his district at the time of his election. In 1862 the legislature placed Crawford, La Crosse, Monroe, Jackson, Clark, Buffalo, Trempealeau, Richland and Vernon in the Sixth District.

Judge Gale held his last term of court in Clark County, beginning May 3, 1863. Hon. Edwin Flint held his first term of court in this county, beginning Sept. 8, 1863, and his closing term, beginning Sept. 7, 1868. Hon. Romanzo Bunn held his first term in this county, beginning March 2, 1869, his closing term in this county being that of October, 1877. Hon. A, W. Newman held his first term of court in this county in April, 1878, and his closing term in December, 1891. Hon. William F. Bailey, the first judge of the newly created Seventeenth Circuit, held his first term of court in Clark County in March, 1892, and his last in October, 1897. Hon. James O'Neill, the present judge, held his first term in April, 1898.