Grant County, Wisconsin - Chapter 4, 1881 (part 1 of 2)

Chapter 4

Eaely Government - GrEANT County Formed - The County Seat - Attempts to Divide the County - County Officers - Territorial and State Representation - Territorial LesisLATUEE - State Organization - Representatives in Constitutional Convention - Town Organization- Legal Jurisdiction - County Buildings - Early Justice - Capital Crimes - Jim Crow Murder - Russell Murder - Latimer Murder - Db Lasseaux Murder - Jordan McTEDER- Harney Murder - Haggerty Murder - Kiilling of Milas K. Young.

Eably Govkenmbnt

The first civilized claimants to the territory now included within the boundaries of Wisconsin were the French. The whole of the Northwest was claimed by France from 1671 to 1763, when it was surrendered to the English. By the " Quebec Act " of 1774, all of this region was placed under the local administration of Canada. It was, however j practically put under a despotic military rule, and so continued until possession passed to the United States. Before the lastmentioned event, and during and after the Revolution, the conflicting claims of Virginia, New York, Massachusetts and Connecticut to portions of the country were relinquished to the General Government. All these claims were based upon supposed chartered rights, Virginia adding to hers the right of conquest, as she contended, of the " Illinois country '' during the Revolution. As early as October, 1778, Virginia declared, by an act of her General Assembly, that all the citizens of that commonwealth who were then settled, or should thereafter settle, on the western side of the Ohio, should be included in a distinct county, which should be called Illinois. No Virginians were then settled as far north as the southern boundary line of what is now Wisconsin, and, as none thereafter located so far north before Virginia relinquished to the United States all her rights to territory on the western and northern side of the Ohio, it follows that no part of the territory which afterward became Wisconsin was ever included in Illinois County as a part of Virginia, nor did the last-mentioned State ever exercise any jurisdiction over the territory of this State, or make any claim to any part of it by right of conquest. Wisconsin was never a part of Virginia.

Notwithstanding the passage of the Ordinance of 1787, establishing a government over the territory northwest of the Ohio River, which territory was acquired by the treaty of 1783, from Great Britain, possession only was obtained, by the United States, of the southern portion, the northern part being held by the British Government until 1796. Arthur St. Clair, in February, 1790, exercising the functions of Governor, and having previously organized a government for the country under the ordinance above mentioned, established, in what is now the State of Illinois a county, which was named St. Clair. But, as this county only extended north "to the mouth of the Little Mackinaw Creek, on the Illinois," it did not include, of course, any part of the present State of Wisconsin, although being the nearest approach thereto of any organized county up to that date.

In 1796, Wayne County was organized, which was made to include, besides much other territory, all of what is now Wisconsin watered by streams flowing into Lake Michigan, the territory of the present Grant County, as it will be seen, being not included in the new county, trom 1800 to 1809, the present limits of Grant County were included in the Territory of Indiana, and, in the last-mentioned year, passed into the Territory of Illinois. It is probable that Indiana Territory exercised jurisdiction over what is now Wisconsin, at least to the extent of appointing two Justices of the Peace - one for Green Bay and one for Prairie du Chien. In 1e year 1809, the Illinois Territorial Government commissioned three Justices of the Peace and two militia ofiScers at Prairie du Chien, the county of St. Clair having previously been ex- tended so as to include that point, and, consequently, the present county of Grant. In course of time, other counties had jurisdiction, until, in 1818, what is now Wisconsin became a portion of Michigan Territory.

By a proclamation of Lewis Cass, Governor of Michigan Territory, of October 26, 1818, Brown and Crawford Counties were organized. The county of Brown originally comprised all of the present State of Wisconsin, east of a line passing north and south through the middle of the portage between the Fox and Wisconsin Rivers, except a small portion of the Door County Peninsula, which was included in the county of Michilimackinac. The limits of Brown County extended north into the territory of the present State of Michigan so far that its north line ran due west from Noquet Bay. An east and west line, passing near the northern limits of the present county of Barron, separated the county of Crawford from the county of Michilimackinac on the north ; on the east, it was bounded by the county of Brown ; on the south, by the State of Illinois ; and on the west, by the Mississippi River.

Thus, as it will be seen, the present territory of Grant County was included in the limits of Crawford County. By an act of the Legislative Council of the Territory of Michigan, approved October 29, 1829, to take effect the 1st of January following, the county of Iowa was established, embracing all territory south of the Wisconsin, west of Brown County, east of the Mississippi, and north of Illinois, or what is now included in the counties of Grant, Iowa, La- Fayette, the greater part of Green, nearly half of Dane, and a portion of Columbia.

By an act of Congress passed in 1836, and approved April 20 of that year, the Territory of Wisconsin was organized, including in its limits, beside the present State, the territory now included in the States of Iowa and Minnesota, and about half the present Territory of Dakota. June 12, 1838, all that portion of Wisconsin Territory lying west of the Mississippi River was organized into a Territory called Iowa.

Previous to this, and at the first meeting of the Territorial Legislature at Belmont, in the present county of La Fayette, in 1836, in an act entitled "An act to divide Iowa County " it was enacted, " That all that part of the county of Iowa lying west of the fourth principal meridian be and the same is hereby constituted a separate county, to be called Grant."

Section 4 of the same act provided : That, " from and after the 4th day of March next, the said county of Grant shall, to all intents and purposes, be and remain an organized county, and be invested with full power and authority to transact all county business which any regularly organized county may of right do."

Section 5 stipulated that " Henry W. Hodges, James Gilmore, E. E. Brock, Orris Mc- Cartney and Frank C. Kirkpatrick are hereby appointed commissioners to fix the seat of justice of said county of Grant, and they are hereby required to perform the said duty on or before the 1st day of February next ensuing, at such place within said county of Grant as to them may seem best calculated to promote the public interest, being first sworn to the faithful discharge of their trust ; and so soon as they shall have come to a determination, the same shall be reduced to writing and signed by the Commissioners, and filed with the Clerk of the present county of Iowa, whose duty it shall be to record the same and deliver over the same to the Clerk of Grant County, whenever he shall be appointed, whose duty it shall be to record the same and forever keep it on file in his oflBce ; and the place thus designated shall be considered the seat of justice of said county ; provided, that in the event of said Commissioners being prevented, from any cause whatsoever, from performing the duty required of them, or if a majority of said Commissioners should not be able to agree upon any place for the establishment of the said seat of justice, then the seat of justice is temporarily established at Cassville, in said county of Grant."

" Section 6, That there shall be two terms of the District Court held annually at the seat of justice for said county of Grant by one of the Judges of the Supreme Court, to wit: One upon the first Monday in June, and the other upon the fourth Monday of October; and the said District Court for said county of Grant shall have and enjoy all the powers, rights anfl

[ties which courts in the other counties of this Territory have and enjoy, and shall be subject all the restrictions imposed upon said courts by the act entitled' An Act for establishing judi- 1,1 districts and for other purposes,' passed at the present session of this Legislative Assembly, ,d that the courts hereby authorized to be held in the county of Grant shall be held at the wn of Cassville, in the county of Grant, until the necessary public buildings are erected at the at of justice of said county."

In accordance with the provisions of the above section, the Commissioners proceeded with eir work of choosing a county seat for the new county. Lancaster at this time boasted of but le occupant, Aaron Boice, who resided near the "big spring," and had entered eighty acres of ad, a portion covering the present court house square. This, together with a second eighty, itered by Maj. Price, formed the site of the present county seat. Cassville, then an ambitious irg, was an aspirant for both territorial and county distinctions ; but its location on the exeme western side of the county operated against its claims in the race for the lesser honors, mcaster was nearly the geographical center of the county, a point a few miles northeast was pposed to be the exact center, speaking in the manner of geographical exactness, and for a LB the scales wavered; but Maj. Glendower M. Price, who had purchased the land formerly fned by Aaron Boice, offered as extra inducements toward the location of the seat of justice in ancaater to pay to the county the sum of $1,000, and donate beside certain lots of land ithin the village, providing Lancaster's claims were allowed. This offer was accepted by the ommissioners, and the embryo village became the county seat. To the antiquarian the folwing deed setting forth a portion of the terms of the contract will be of interest, as an historal souvenir :

^ nesseth : That Glendower Morgan Price and Harriet, his wife, of the county of Grant and irritory of Wisconsin, in consideration of the sura of one hundred dollars, to them in hand paid by the Supervisors the county of Grant and Territory of Wisconsin, the receipt of which is hereby acknowledged, do by these csenla grant, bargain and sell, convey and confirm to the said Supervisors and their successors in oflSce, the foUowg described property in the town of Lancaster, to wit : All of Block No. 10 : Lots No. 1, 2, 3, 4, 5, 6, 7 and 8, Block No. 22; LotsNo. 1, 2, 3, 4. 5, 6, 7 and 8, inBlockNo. 25; Lots No. 3, 4,5, 6, 7 and 8, in Block No. 26; Lots ). 1 and 2, in Block No. 27 ; Lot No. 2, in Block No. 21 : Lots No. 1, 2, 3, 4 and 10, in Block No. 24 ; Lots No. 3, 6, 8, in Block 23 ; Lots 3, 4, 5, 9 and 10, in Block No. 9; Lots No. 1, 2, 3, 4 and 5, in Block No. 8 ; Lots No. 1, 2, 3, and 5, in Block No. 7 ; Lots No. 1, 2, 3, 4 and 5, in Block No. 6 ; Lots No. 6, 7, 8, 9 and 10, in Block No. 5 ; Lot J. 3, in Block No. 4 ; Lot No. 3, in Block No. 13 ; Lot 5, in Block No. 20 ; Lot No. 3, in Block No. 28. To have and hold the same with the privileges and appurtenances thereunto belonging, to the said Supervisors and their sucssors in office forever ; thesaid Glendower M. Price and Harriet his wife, the aforesaid premises unto the said Supersors and their successors in office hereby covenanting that they and their heirs, executors and administrators will irrant and defend the title to the said premises to the said Supervisors and their successors in office forever, against 1 persons whatsoever. In witness whereof, the said G. M. Price and Harriet, his wife, have hereunto set their mds and seals the day and year first above written. Signed, sealed and delivered in the presence of G. M. Price.

In the spring of 1837, the first election of officers for the new county was held, resulting in le choice of the following elective officers : Treasurer, Orris McCartney, Cassville ; Register : Deeds, Nelson Dewey, Cassville ; Board of Supervisors, Henry Wood, J. J. Basye, Daniel The County Clerk fthe title of this officer, until 1849, was Clerk of County Comiissioners, and from that date until 1872 Clerk of the Board of Supervisors), appointed by the ounty Commissioners, was J. Allen Barber, of Lancaster. First Clerk of the Circuit Court, [>pointed by Judge Dunn, John S. Fletcher. The first District Attorney was T. S. Wilson, ? "q '*^. ^^ J"<^ge Dunn to act in that capacity at the first term of court held in Grant County. he Sheriff, County Judge and Justices of the Peace were appointed by the Executive of the emtory until 1844.

The first meeting of the newly elected Board of Supervisors, or, as they were then called, County Commissioners, was held at Cassville, April 29, 1837. The next meeting was held at Lancaster, May 2. At this meeting, the contract for building the new Court House was awarded to G. M. Price and Daniel Banfield. At a meeting held a year later, or April 2, 1838, it was determined to erect a jail for the safe keeping of criminals, and the contract was awarded to Harvey Pepper, for $400.

The newly-formed county government was not without its troubles, as the following acts passed by the Territorial Legislature, at its second session in the latter part of 1837, will show. The first, entitled " An act to legalize the acts of the Supervisors of Grant County," provides :

WHEEE4S, the Supervisors of Grant County did, in the spring of the year one thousand eight hundred and thirty-seven, proceed to sell certain town lots donated for the use and benefit of said county, and likewise to contract for the building of a court house ; and whereas, doubts exist as to the legality of the sales and contract for building, therefore,

Section 1. JBe it enacted. That all bonds for the titles that have been given to guarantee the sales and titles shall be and are hereby declared to be valid in law.

Seo. 2. All contracts that have been entered into by the Supervisors for building of the court house shall be of binding and legal effect upon the county of Grant, in their corporate capacity, any law to the contrary notwithstanding.

Under a general law passed by the Legislature in 1839, a County Agent was appointed to take charge of the lands belonging to the county, to sell and convey the same, and transact all business connected therewith. Nelson Dewey was appointed as the agent of Grant County, and continued to act in that capacity until the formation of the State Government.

The second act is entitled " An act to legalize the proceedings of the Justices of Peace in Grant County and release them from penal liability in certain cases," and reads as follows:

Whereas, Certain Justices of the Peace in the county of Grant, not having access to the revised code of laws of Michigan, of one thousand eight hundred and thirty-three, enforced in this Territory by the Act of Congress organizing the Territorial Government, and adopted by the Legislative Assembly at their last session ; and having the laws of eighteen hundred and twenty-seven in their possession, they supposed it to be their duty to give bonds to the United States, with a penalty of $200, when, in fact, the law required them to give bonds to the County Clerk, with a penalty of $2.50, whereby said Justices have incurred certain penalties ; for remedy thereof,

Section 1. Be it enacted, That the several Justices of the Peace in Grant County be and they are hereby released from all fines, forfeitures and penalties, incurred by them for the failure to give bonds according to the provisions of the act entitled " An act to regulate and define the powers of Justices of the Peace and Constables in civil cases."

Sec. 2. That all acts done and performed by them are hereby declared to be as legal, to all intents and purposes, as though they had given bonds in accordance with the provisions of the above recited act, any other law to the contrary notwithstanding.

Several times since its organization, Grant has been agitated by an effort to divide the county. The earlier agitations looked to a division into two parts, and a later one into three parts. In 1860, the movement progressed so far as the signing of petitions and counter-petitions, but the matter went no further than the ballot-box, where those opposed to a division received a heavy majority. The war coming^on a few months later drove the subject out of the minds of the people, and the advent of railroads connecting the county seat with other portions of the county^ and facilitating communications between different points, removed one great argument in favor of a re-organization of county lines. A slight ripple on the placid surface of events, a few years ago, showed that the ancient topic had not been forgotten, but the " indications " were not of a nature to give rise to any anxiety on the part of those who preferrred " old Grant as it was, and the movement will hereafter be remembered simply as one of the exciting questions of "auld lang syne."

County Officers

Below is given a complete roster of the occupants of the various county offices from the organization of the county until the present time : t °' County Commissioners " till 1849, and " Clerk of the Board of Supervisors " till 1872. T Appointed to fill vacancy occasioned by death of S. F. Clise.

The previous board had been elected under the Territorial law in the autumn of 1848, and hold over until the new board qnalified in tne spnujS'

« BoaMnf'r"" "^'i* revised statutes creating the County Board of Supervisors was amended by tlie Lejislature of 1861, and a return made ch connd 7 OommisaionerB to consist of tiiree electors, except in those counties which contained three or more assembly districts. In ir» Kn «, ***** Supervisor, was elected in each assembly district, and one additional for the county at large, in those counties where there M even number of assembly districts. This gave Grant County five Supervisors. 1 1118 amendment passed by the Legislature of 1861 was repealed by the Iiegislature of ISTfi.

Territorial And State Representation

The present territory included within the limits of Grant County as the Western portion of Iowa County was represented in the first Territorial Assembly, by James R. Vineyard, of Platteville, in the Council, and Thomas Shanley, of Cassville, and James P. Cox, of Lancaster, in the House of Representatives, as the lower branch of the Assembly was denominated. This Assembly had two sessions, the first at Belmont, Iowa County, commencing October 25, 1836, the second at Burlington, Iowa, that State then forming a portion of the Territory of Wisconsin, BS has been shown heretofore. Upon the formation of the county in 1837, it was allowed two members of the Council, and four members in the House of Representatives. Upon the adoption of the State Constitution in 1848, and the formation of the State government, Grant County was divided into four Assembly Districts ; the county by itself forming the Sixth Senatorial District. By the apportionment of 1852 upon the basis of the census of 1850, the Assembly Districts of Grant were increased by one, or a total of five, and the county, in the re-districting of the State, became the Sixteenth Senatorial District, which it has since remained. This representation in the Assembly was retained until under the re-apportionment of 1871, upon the basis of the State census of 1870, when Grant County lost one district; upon the re-apportionment made by the Legislature of 1876, one more district was deducted from the county. Its present representation in the Legislature is one Senator and three Assemblymen. The First District comprises the towns of Clifton, Ellenboro, Harrison, Hazel Green, Jamestown, Lima, Paris, Platteville and Smelser. Second District - Beetown, Bloomington, Cassville, Glen Haven, Lancaster,. Liberty, Little Grant, Potosi and Waterloo. Third District - Blue River, Boscobel, Fennimore, Hickory Grove, Marion, Millville, Mount Hope, Muscoda, Patch Grove, Waterstown, Wingville, Woodman and Wyalusing. The following is a complete list ot County Representatives, both in Territorial and State Legislatures, from the organization of the county up to the present time :

Territorial Legislature

Oouncilmen - In the first and second sessions of the Territorial Legislature, 1836-37, James R. Vineyard represented the present county of Grant as a part of Iowa County. 1838-42, James R. Vineyard, Platteville; J. H. Rountree, Platteville; 1842-44, J. H. Rountree. Platteville; Nelson Dewey, Lancaster; 1844-46, J. H. Rountree, Platteville; Nelson Dewey (President), Lancaster; 1847-48, Orris McCartney, Cassville.

mpmK iLnf'I'k n "^ '^^ Council Were first elected for four years, and membera of the House for two years; this waa afterward changed, and uiemoera oi me touDcH chosen for two years, and members of the House annually.

State Organization Representatives In Constitutional Convention

Hardly had the Territory of Wisconsin been formed by act of Congress, before agitation was commenced for the formation of a State government. After numerous rejections of the proposition, finally, in 1846, the first convention met in Madison, and proceeded to form a constitution for the acceptance of the people. In the deliberations of this convention, Grant County, through her representatives, occupied a prominent position. This body has been fittingly characterized as one of " great, if not extraordinary, intellectual ability. Its members," says the same authority, "were all in the prime of life, the representatives of the systems of many States, generally highly educated, and possessed of mental culture far above the average of men." The list of representatives from Grant County in this convention, headed by the name of the Hon. J. Allen Barber, then and now a resident of Lancaster, comprised, besides that gentleman, the Hon. Lorenzo Bevans, Hon. Thomas P. Burnett, Hon. Thomas Cruson, Hon. James Gilmore and James R. Vineyard. The constitution, as has been stated in an earlier portion of this work, was rejected, after an exciting contest, the principal differences of opinion icing the articles in relation to the rights of married women, exemptions, the bank articles, the number of Representatives in the Legislature, and the Elective Judiciary.

A second convention was authorized, and met at the capital late in the succeeding year (1847). This body, while fully as high as its predecessor in point of the ability of its members, had that membership considerably changed. The Grant County representation to this assemblage was headed by the Hon. Orsamus Cole, now Chief Justice of the Supreme Court of the State, and comprised the following names : Hon. George W. Lakin, Hon. John Rountree, Hon. Alex D. Ramsey and the Hon. William Richardson. The deliberations of this body resulted in the formation of the present constitution, and, the following year, Wisconsin took her place among that ever-increasing galaxy of jommonwealths, which, as time rolls on, will dot 'this broad land from the Atlantic to the Pacific, and from the 49th parallel of latitude to the Mexican border.

Town Organization

In its early settlement, Wisconsin presented two subdivisional systems of government. The southwestern and earlier-settled portion, being almost entirely filled with emigrants from Southern and Southwestern States, adopted the county system, while the later-settled portion, on the eastern shore of the State, beiM filled by natives of the New England and Middle States, where the township system was in vogue, naturally followed, in their new settlements, that local polity with which they had been most acquainted, and with whose workings they were familiar. These distinctional features continued in existence until the formation of the btate Government, in 1848, when, the two waves meeting, the eastern overtopped its rival, and Section 28 of Article IV of the Constitution provided that " The Legislature shall establish but one system of town and county government, which shall be as nearly uniform as possible." Previous to this, or immediately after the close of the Black Hawk war, in 1832, and after the acquisition by the United States of the Indian title to all the land west of Lake Michigan not reserved to particular tribes, or secured to specified individuals by terms of previous treaties, a survey was commenced by the General Government. The northern boundary line of the State of Illinois, fixed April 11, 1818, on the parallel of 42° 30' north latitude, hecame, properlyenough, the hase line of these surveys. A principal north-and-south line, known as the Fourth. Meridian, was run, extending from the base line to Lake Superior, at right angles with that line. The Fourth Meridian forms the east boundary line of Grant County, dividing it from La Fayette and Iowa Counties on that side.

Parallel lines to the Fourth Principal Meridian were run every six miles on the east and west sides of it. The intervening six miles between these lines were designated as ranges. Range 1 west is the first range west of the Fourth Meridian ; Range 2 west is the second range, continuing in this manner to the western boundary of the State. Grant County lies in Ranees 1, 2, 3, 4, 5, 6, and a portion of Range 7 west.

North of the base line were also run parallel lines six miles apart, and at right angles to the range lines. Thus the State was cut up into blocks, each six miles square, called townships. These were numbered by tiers going north from the base line. Township 1 being the first tier of townships north, Township 2 being the second, and so on. As the southern boundary of Grant County is the dividing line between Wisconsin and Illinois, that serves as the base line. This county lies in Townships 1, 2, 8, 4, 5, 6, 7, 8, and a portion of Township 9, the latter being in the extreme northeast portion of the county, and included in the township of Muscoda.

During the years 1832, 1833 and 1834, the different townships in Grant County were subdivided into sections and quarter-sections, these lines being run by Lucius Lyon, Robert Olarke, Jr., and Hervey Perke.

After the admission of Wisconsin into the galaxy of States, it became necessary to divide the county politically, in accordance with the provision of the constitution noticed above; and, in pursuance of this object, the Board of County Commissioners met, January 9, 18495 and enacted as follows :

All that district of country in Grant County embraced in township numbered one north of range numbered one west of the fourth principal meridian shall, constitute a separate town to be called " Hazel Green." The first town meeting in said town shall be held at the Empire House.

All that district of country in Grant County embraced in township numbered one north of range numbered two west of the fourth principal meridian shall constitute a separate town to be called " Jamestown." The first town meeting in said town shall be held at the house of Alfred Woods.

All that district of country in Grant County embraced in township numbered two north of range numbered one west of the fourth principal meridian shall be called " Smelser." The first town meeting in said town shall be held at the house of Jonas Smelser.

All that district of country in Grant County embraced in township two north of range numbered two west of the fourth principal meridian shall constitute a separate town to be called " Paris." The first town meeting in said town shall be held at the house of William Richardson.

All that district of country in Grant County embrace^ in township numbered three north of range numbered one west of the fourth principal meridian shall constitute a separate town to be called " Platteville." The first town meeting in said town shall be held at the house of B. Atwood.

All that district in Grant County embraced in township numbered four north of range numbered one west of the fourth principal meridian shall constitute a separate township to be called " Lima." The first town meeting of said town shall be held at the schoolhouse near the house of F. Johnson.

All that district of country in Grant County embraced in townships five, six, seven, eight and fractional townships nine north, in range numbered one, west of the fourth principal meridian, shall constitute a separate town to be called " Wingville." The first town meeting in said town shall be held at W. Bruner's hotel in said place.

All that district of country in Grant County embraced in townships numbered six, seven and fractional eight north of range numbered two west, and townships numbered six, seven and fractional eight north of range numbered three west of the fourth principal meridian shall constitute a separate town to be called "Fennimore." Thefirst town meeting in said town shall be held at the schoolhouse near P. Dempey's.

All that district of country embraced in township numbered three north of range numbered two west of thefourth principal meridian shall constitute a separate town to be called " Harrison." The first town meeting in said town shall be held at the house of C. Travis.

All that district of country in Grant County, embraced in township numbered four and five north of range numbered two west of the fourth principal meridian shall constitute a separate town to be called " Highland." The first town meeting in said town shall be held at the house of Col. James McKensie.

All that district of country in Grant County, embraced in township numbered three north of range Dumbereil three west of the fourth principal meridian, and fractional townships numbered two of range numbered three west, shall constitute a separate town to be called "Potosi." The first town meeting in said town shall be held at the Wisconsin House.

All that district of country in Grant County, embraced in township numbered three and fractional township numbered two north of range numbered four west of the fourth principal meridian, shall constitute a separate town to be called " Waterloo." The first town meeting in said town shall be held at the schoolhouse near the house of D.

All that district of country in Grant County, embraced in townships numbered four and five north of range numbered three west of the fourth principal meridian, shall constitute a separate town to be called " Lancaster." The first town meeting in said town shall be held at the court house

All that district of country in Grant County, embraced in townships numbered four and five north of range numbered four west, of the fourth principal meridian, shall constitute a separate town to be called '-Beetowu." The first town meeting in caid town shall be held at the Beetown House.

All that district of country in Grant County, embraced in townships numbered three and four north of range numbered five west of the fourth principal meridian shall CQnstitute a separate town to be called " Cassville." The first town meeting in said town shall he held at the house of Mr. Pollock.

All the district of country in Grant County, embraced in townships numbered six and seven north of range numbered four west, also townships numbered five, six and seven north of range numbered five west, also townships numbered five and six of range numbered six west, and fractional township numbered six north of range numbered seven west, of the fourth principal meridian, shall constitute a separate town to be called " Patch Grove." The first town meeting of said town shall be held at the schoolhouse near J. M. Diokensoxi's.

It will thus be seen that the original towns of the county were Hazel Green, Jamestown, Smelser, Paris, Platteyille, Harrison, Potosi, Waterloo, Cassville, Lima, Highland - embracing what was Liberty, afterward the townships of Liberty and Ellenboro, Lancaster, Beetown, Wingville, Fennimore and Patch Grove.

The present towns of the county are Hazel Green, Jamestown, Smelser, Paris, Potosi, Platteville, Harrison, Waterloo, Cassville, Lima, Ellenboro, Lancaster, Beetown, Glen Haven, Clifton, Liberty, Little Grant, Bloomington, Wingville, Fennimore, Mount Hope, Patch Grove, Wyalusing, Hickory Grove, Woodman, Millville, Castle Rock, Marion, Muscoda, Waterstown and Boscobel.

Hazel Green comprises Township 1, Range 1 : Smelser, Township 2, Range 1 ; Platteville, Township 3, Range 1 ; Lima, Township 4, Range 1 ; Clifton, Township 5, Range 1 ; Wingville, Township 6, Range 1 ; Castle Rock, Township 7, Range 1 ; Muscoda, Township 8 and fractional Township 9, Range 1 ; Jamestown, Township 1, Range 2 ; this township is curtailed to somewhat less than a full township by the indenture of the Mississippi. Paris, Township 2, Range 2 ; Harrison, Township 3, Range 2 ; Ellenboro, Township 4, Range 2, Liberty, Township 5, Range 2 ; Fennimore, Township 6, Range 2, and Township 6, Range 3, being a double township ; Hickory Grove, Township 7, Range 2 ; Waterstown, fractional Township 8, Range 2 ; Potosi, Township ?, Range 3, and fractional Township 2, Range 3; Lancaster, Townships 4 and 5, Range 3, - a double township ; Marion, Township 7, Range 3, with the exception of a portion of Sections 6 and 6 cut off by the Wisconsin River ; Boscobel, fractional Township 8, Range 3, being that portion south of the Wisconsin ; Waterloo, Township 3, Range 4, and fractional Township 2, Range 4 ; Beetown, Township 4, Range 4, and Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, 36, of Township 4, Range 4 ; Little Grant, Township 5, Range 4 ; Mount Hope, Township 0, Range 4, except Sections 1 to 6 inclusive ; Woodman, fractional Township 7, Range 4, and Sections 1 to 6 inclusive of Township 6, Range 4 ; Cassville, fractional Townships 3 and 4 of Range 5, and fractional Township 4, Range 6 ; Glen Haven, Sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, of Township 4, Range 5, and Sections 10, 11, 12, 13, li, 16, 22, 23, 24, 25, 26, 27, 34, 35, 36, of Township 6, Range 4 ; Bloomington, Sections 3, 4, 5, 6, of Township 4, Range 5 ; half Sections 13, 14, 15, 16, 17, 18, and whole Sections 21 to 36 inclusive of Township 5, Range 5, and Sections 24, 25, 36, 35, 26, 23, 22, -', 34, 21, 20 ; fractional Sections 19, 28, of Township 5, Range 6, and Sections 1, 2, 3, of Township 4, Range 6 ; Patch Grove, Sections 1 to 12 inclusive, and half Sections 13, to 18 inclusive, of Township 5, Range 5 ; also 19 to 36 inclusive, of Township 6, Range 5 ; Milville, Sections 1, 2, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and fractional Sections 4, 6, 7, Township 6, Range 5, together with Sections 25, 26, 35, 36, and fractional Sections 14, 24, 23, of "actional Township 7, Range 5; Wyalusing, Sections 1 to 18 inclusive, of Township 5, Range o. and Townships 13, 19 to 36 inclusive, of Township 6, Range 6 ; together with fractional

Legal Jurisdiction

Federal Courts. - By Section 4, of the act of Congress entitled "An act to enable the people of Wisconsin Territory to form a Constitution and State Government, and for the admission of such State into the Union," approved, August 6, 1 846, it was, inter alia, provided ; * * * "Said State shall constitute one district and be called the District of Wisconsin, and a District Court shall be held therein, to consist of one Judge, who shall reside in said district and be called a District Judge. He shall hold, at the seat of government of said State, two sessions of said court annually, on the first Mondays in January and July ; and he shall in all things have and exercise the same jurisdiction and powers which were by law given to the Judge of the Kentucky District under an act entitled, 'An act lo establish the judicial courts of the United States. He shall appoint a clerk for said district, who shall reside and keep the records of said court at the place of holding the same, and shall receive for the service performed by him the same fees to which the clerk of the Kentucky District is by law entitled for similar services. There shall be allowed to the Judge of said District Court the annual compensation of $1,500."

Section 5 of said act provides for the appointment of a " person learned in the law to act as attorney of the United States " in said district, and provides that, besides the stated fees, he is to receive a salary of |200. It also provides for the appointment of a Marshal for said district,

By Section 4, of the act of Congress, approved May 29, 1848, entitled, "An act for the admission of the State of Wisconsin into the Union," the provisions of the foregoing section of the act of August 6, 1846, were modified so as to provide for the holding of " one term of said court in each year at the seat of government, to commence on the first Monday in July, and another term of said court in each year at Milwaukee, to commence on the first Monday in January." It also empowered the Judge of the district to hold special terms of court when he should deem it necessary. The records and papers to be kept at either place as the Judge might direct.

The Hon. Andrew G. Miller was appointed the first District Judge under this act, June 12, 1848. Congress by subsequent acts increased the salary of the Judge of this district to $2,600 and $3,500.

By an act of Congress, approved July 15, 1862, the districts of Michigan, Wisconsin and Illinois were constituted the Eighth Judicial Circuit ; but, by an act, approved February 9, 1863, Wisconsin was made a part of the Ninth Judicial Circuit, and subsequently transferred to the Seventh Judicial Circuit, the Hon. Thomas Drummond, of Chicago, Circuit Judge.

The business of the United States becoming too large for a single District Judge, by an act of Congress, approved June 30, 1870, entitled "An act to establish the Western Judicial District of Wisconsin," the State was divided into two districts - the Eastern and Western. That portion of the State comprising the counties of Rock, Jefferson, Dane, Green, Grant, Columbia, Iowa, La Fayette, Sauk, Richland, Crawford, Vernon, La Crosse, Monroe, Adams, Juneau, Buffalo, Chippewa, Dunn, Clark, Jackson, Eau Claire, Pepin, Marathon, Wood, Pierce, Polk, Portage, St. Croix, Trempeleau, Douglas, Barron, Burnett, Ashland and Bayfield was constituted the Western, and the remainder of the State the Eastern District. The terms were appointed to be held for the Western District, at Madison, on the first Monday in June, and at La Crosse the first Monday in December ; a District Judge for this Western District was provided for, together with a Marshal, District Attorney, a Clerk at Madison, and another at La Crosse. Under these provisions, James C. Hopkins, of Madison, Wis., was appointed Judge of said Western District, on the 9th day of July, 1870. F. W. Oakley, of Beloit, Wis., was appointed Marshal, and Charles M. Webb, of Grand Rapids, appointed District Attorney, at the same date. F. M. Stewart, of Baraboo, was appointed Clerk of both Circuit and District Courts at Madison, August 2, 1870, and H. J. Peck, of La Crosse, Clerk at that place, August 18, 1870. On October 19, 1879, Sidney Foote, of Madison, was appointed a Register in Bankruptcy ; and on the 10th of January, 1871, Carson Graham, of Viroqua, was appointed Register at La

In 1872, the terms of court were changed by act of Congress, and directed to be held at La Crosse, on the third Tuesday of September, and abolishing the December term there, but reserving to the Judges the right to appoint special terms if they deemed it necessary. In f M^' ^^'^'^' ^^' Register in Bankruptcy, died and was succeeded by Mr. S. W. Botkin, 01 Madison. On the 4th of September, the same year, Judge Hopkins died, after a service of . ^^^^" ye^Ts. His successor, the present Judge, Roraanzo Bunn, of Sparta, was appointed October 13, 1877. On the 5th of February, 1878, Henry M. Lewis, of Madison, was appointed district Attorney, vice Charles M. Webb, resigned. These ofiicers now constitute the officers of the Federal Court of the Western District of Wisconsin.

Territorial Courts. - The act of Congress, which provided for the organization of the Wisconsin Territory, declared that the judicial power therein should be vested in a Supreme Court, Wstriot Courts, Probate Courts and Justices of the Peace. The Supreme Court was to consist 0 a thief Justice and two Associate Justices, any two of whom should be a quorum ; and they TT '5?^."'''^'^.*^° ^ol'i a term of court annually at the seat of government. The Territory was ? , , /"^^^ '1*° t'l^ee Judicial Districts ; and it was provided that a District Court or Courts ttould be held in each of said districts, by one of the Judses of the Sunreme Court, at such times and places as might be prescribed by law ; the jurisdiction of these several courts was to be "as limited by law ; " but the act declared, that both the Supreme and District Courts should "possess chancery as well as common law jurisdiction." That "writs of error, bills of exception, and appeals in chancery causes," should "be allowed in all cases from the final decisions of the District Courts to the Supreme Court," under regulations to be prescribed by law, and that in no case, removed to the Supreme Court, should there be a trial by jury. It further provided that " writs of error and appeals from the final decisions of the said Supreme Court " should be " allowed, and taken to the Supreme Court of the United States, where the value of the property or the amount in controversy be ascertained by the oath or affirmation of either party," should exceed $1,000. The Supreme Court was also empowered by the act to appoint its own Clerk, as wore each of the District Courts.

The Judges of the Supreme Court, as well as a United States Attorney and Marshal for the Territory, were to be appointed by the President, by and with the advice and consent of the Senate. In spite of vigorous efforts of leading politicians of that early day to induce the President to appoint to all the leading offices of the new government persons then resident in the Territory, President Jackson appointed as Chief Justice, Charles Dunn, then of Illinois, and, for Associate Judges, he selected William Frazier, of Pennsylvania, and David Irvin, formerly of Virginia, but who had been, during the preceding four years. Judge of the additional or Fourth District of the Michigan Territory, which comprised the whole of that territory west of Lake Michigan. William W. Chapman, of Burlington, Iowa, was appointed United States Attorney, and served until July 4, 1838, when he was succeeded by Moses M. Strong, of Mineral Point. Francis Gehon, of Dubuque, was appointed Marshal, serving until June 19, 1838, when Edward James was appointed to that office.

At the first session of the Territorial Legislature, held at Belmont, commencing October 25, 1836, the Territory was divided into three Judicial Districts, the First District consisting of Crawford and Iowa Counties; the Second, of Dubuque and Des Moines, and the Third, of the counties of Brown and Milwaukee : and it was further provided, " That Charles Dunn, Chief Justice of the Supreme Court of the Territory of Wiscojisin, shall perform district duties in the First Judicial District ; that David Irwin, Associate Judge of said court, shall perform district duties in the Second Judicial District ; and that William C. Frazer,- Associate Judge of said court, shall perform district duties in the Third Judicial District. It was further provided, that " there shall be tAvo terms of the District Courts held annually in each of the counties now organised in the Territory, at the court house thereof, or place provided for holding court, which terms shall be commenced and held at the respective times, following, to wit : In the county of Crawford, on the first Mondays in May and September ; and in the county of Iowa, on the third Monday in May, and the first Monday in October." Grant County, as a part of Iowa County at the time the districts were created, was included in the First Judicial District. At the same session of the Legislature, but subsequent to the districting" of the State, several new counties were formed, among them. Grant ; and it became the duty of Chief Justice Dunn to hold terms in the new county which continued a part of his district.

Of Chief Justice Dunn, a late writer speaks as follows : " The Chief Justice of the new Supreme Court was then in his thirty-seventh year, of Irish descent, of Virginia ancestry on his ^ mother's side, a native of Kentucky. Having enjoyed the advantages of nine years' preliminary education at Louisville, before he attained the age of eighteen, and having read law for about three years with distinguished lawyers of Kentucky and Illinois, he was admitted to the bar in the latter State before reaching his majority, and had practiced there during most of the next sixteen years, except so far as his practice was interrupted by the duties of various civil and offices. He had taken part in the Black Hawk war as Captain of an Illinois company, and had entered Wisconsin with the Illinois forces engaged in the pursuit of a retreating enemy. U^- ing the campaign, he had been wounded by a blundering sentinel, and had been disabled tor further service. An able and well-read lawyer, endowed with a fine physique, with a countenance open, ruddy and frank, whose lines were nevertheless strong and indicative of good sense and a strong will, with a firm, manly and dignified bearing, familiar with the habits of border life yet with the manners of an urbane and cultivated gentleman. Judge Dunn, though still a young man, had little difficulty in commanding the respect or winning the general good will of the people among whom his lot was now cast."

The first grand jury was as follows : Jeremiah Dodge, John R. Farnsworth, Alexander D. Ramsey, Andrew McWilliams, Isaac Lander, Moses Hicklin, Daniel Richards, Clovers A. La- Grave, Abram Miller, James Bonham, Thomas Shanley, William P. Fleharty, Elisha T. Haywood, James R. Vineyard, Henry Hodges and James Grushong. James R. Vineyard was selected to act as foreman.

Upon the opening of the court, it was " ordered by the court that Orris McCartney, Henry Wood, James Boice and Aaron Boice appear here on the first day of the next term of this court, and show cause, if any they can, why they shall not be fined for contempt of court in not attending at this court as grand jurors."

The first case brought before the attention of the court was that of Stewart McKee and Lind vs. John R. Farnsworth for trespass. Moved by defendants' attorney to quash the complaint. The case was continued to the following morning, and court adjourned until that time. Upon le-assembling, the complaint was quashed and defendants empowered to collect costs from plaintifi". The first bill returned by the grand jury was a " true bill " against John R. Farnsworth for retailing ardent liquors ; case continued until next term of court and then dismissed. The first execution issued was in favor of James Gehon against James B. Estes, indorsed " satisfied by order of plaintifi"."

At this session of the court, Thomas S. Wilson was appointed District Attorney, pro tern., by the presiding Judge. Among other matters. Justice Parson was granted leave to keep a ferry across the Mississippi opposite his house. James H. D. Street as Sheriff' of Grant County, and Robert R. Read and George Moore, his Deputies, were granted pay for three days' attendance upon court, this appearing to have been the limit of the first session. One term of court was held at Cassville, the court house at Lancaster not, as yet, having been completed. At the October term ensuing, J. Allen Barber was admitted to the bar of Grant County as attorney and counselor at law, being the first one so admitted ; Edward Southwick was also admitted at the same term.

The first session of the court at Lancaster took place at the October term, 1887. The court bouse not being quite finished, the court was held in a little frame structure standing about where the bank is now situated. There being no crier, the court appointed Lewis Reynolds to act in that capacity, and also appointed Harvey Pepper as Constable. From this time forward until the organization of the State government, in 1848, regular terms of court were held by Judge Dunn at Lancaster, the county seat.

The last term of the District Court was held in June, 1848. On the 29th of May, of that year, Wisconsin became a State, and a new period began in her judicial and political history. Wone of the Judges of the Territorial Supreme Court were afterward connected with the State Judiciary. While still on the bench, Judge Dunn had been elected as a delegate from La Fayette M)unty to the second Constitutional Convention. In this convention, he served as Chairman of ne Judiciary Committee, and possessed a " commanding influence " in the convention. He was Mterward a member of the State Senate from 1853 to 1856, and was a member of the Judiciary yomnnttee of that body during the entire four years, and its Chairman until 1856, when the majority of the Senate being of the opposite political party, he was succeeded in the chairmanship

By the constitution of the new State, Wisconsin was divided into five Judicial Districts. Grant County was included in the Fifth Judicial District, which comprised besides, Iowa La Fayette, Crawford and St. Croix Counties, and three new counties attached to some of these for judicial purposes. The Legislature was authorized to alter the limits or increase the number of these circuits, with certain restrictions. These Circuit Judges were then to form the Supreme Court of the State, which court was by law compelled to hold at least one session annually at the seat of government.

The first election for Circuit Judges was held on the first Monday of August, 1848, and the following persons chosen : First, Edward V. Whiton ; Second, Levi Hubbell ; Third, Charles H. Larrabee ; Fourth, Alexander W. Stow ; Fifth, Mortimer M. Jackson.

The first term of the Circuit Court in Grant County, opened Monday, October 2, 1848, Judge Jackson, presiding. Upon the opening of the court the following persons, "who were formerly " attorneys and counselors at law in the District (Jourt, came forward and took the oath, and were admitted as attorneys : Nelson Dewey, J. Allen Barber, Orsamus Cole, Stephen 0. Paine, Joseph T. Mills, Cyrus K. Lord, Royal C. Bierce, William Hull, James W. Seaton, Ben C. Eastman. Willis H. Chapman, attorney at law in the courts of Illinois, was also admitted at the same time.

The first grand jury for this court was composed of the following persons : Thomas Cruson,. Simpson Oldham, Warren Hannam, Sr., William Richardson, Jeremiah E. Dodge, Samuel Wilson, A. W. Emery, Jonas M. Smelzer, John S. Kirkpatrick, James Prideaux, Thomas J. Taylor, Robert Langley, Neely Gray, Jacob Benninger, James Barr, Abner Coates, Sr., Robert R. Young, James Bonham, James R. Short, Lewis Rood. Thos. Cruson was elected as Foreman.

The first case brought before the court was the State of Wisconsin vs. William Morris, Reuben Ray, Thomas Cobb, Thomas G. Kirkpatrick, Benjamin Baldwin, Solomon Roberts, Samuel Dorsey, William Clise and Pendleton P. Stone, for riot. Case stricken from the docket on motion of the District Attorney J. Allen Barber, subject to re-instatement at the option of the District Attorney. The case was one growing out of a charivari given in accordance with the custom* of " ye olden time." Judge Jackson continued as Judge of the Fifth District until 1852, when he was succeeded by Montgomery M. Cothren, who served two terms, retiring in 1864. Joseph T. Mills, of Lancaster, was the next Judge of this circuit, and held two terms, and was followed by Judge Cothren, the present incumbent.

County and Probate Courts. - County Courts were established in this State by Chapter 86, of the revised statutes of 1849, and the jurisdiction and powers previously exercised by Probate Courts were by said Chapter 86, transferred to the County Courts.

Civil jurisdiction, to a limited extent, was vested in County Courts by the act establishing them. In 1853, a decision of the Supreme Court, in the case of James Nerval vs. James P. Rice and Lutia A. Rice, action of assumpsit, commenced in County Court of Rock County and appealed to the Supreme Court, struck a heavy blow at the common law jurisdiction of the County Courts. The court held that the statute creating the County Court, in so far as it provides for the trial of issues of fact by a jury of six men instead of twelve, is repugnant to the constitution of this State, and void.

" The right of trial by jury, secured by the constitution, contemplates a jury of twelve good and lawful men as the same was understood by the common law."

At the session of the Legislature of 1854, Chapter 86 of the Revised Statutes of 1849, so far as it related to civil jurisdiction of County Courts, was repealed, except in Milwaukee County, where this court has always retained civil jurisdiction to a limited extent. The other counties oi the State in which County Courts have this jurisdiction at present are Dodge, Brown, Fond da Lac and Winnebago. A list of the County Judges of Grant County is given in another place^

County Buildings

Gourt House. - Immediately upon the meeting of Board of Supervisors for the newly created Grant County, in 1837, proposals were entertained for huilding a new court house, and at a subsequent meeting the contract was let to Messrs. G. M. Price and Daniel Banfill, the former taking the wood-work and the latter the mason-work of the building. Building operations were at once commenced, and the court house finished the following year. This building was occupied until in 1851. Its dilapidated condition called either for extensive repairs or the erection of a new structure. The latter measure was decided upon, and the contract awarded to Messrs. Alcorn, Wood and Prentiss, who commenced work upon the new building in 1852, turning it over to the county the succeeding year. This building forms the wing of the present court house. A relic of the first court house of Grant County still remains in the shape of the stairs, over which the feet of so many weary applicants for the interposition of the strong arm of the law have passed. At present these steps do duty as an outside means of reaching the second story of the residence of Judge Mills. By 1865, the needs of the county for a larger building were so glaringly portrayed, that, at an annual meeting of the County Board in November of that year, $5,000 was appropriated for the enlargement of this repository of justice and county business. The contract for the erection of the present east front was then given to John Thornton. At the same time the roof of the old court house was raised several feet, giving the court-room a much airier and handsomer appearance. The new front was finished the following year. The original contract price was $5,000, but at a subsequent session of the board the sum of $1,087.76 was added to this in order to reimburse the contractor for his work which, while it had been performed in an eminently satisfactory manner, had by this sum exceeded the contract price, and feeling that they now had a building which they could regard with pride, the county generously came to his relief and awarded him the above sum. A lengthened description of this building is unnecessary. It is an edifice that does credit to the county, and provides in a commodious and safe manner for all the varied county interests that have their headquarters there.

County Jail. - In April, 1838, seeing the necessity for providing a place for the safe-keeping of criminals, the County Board decided to erect a building for that purpose, and a contract for a log jail was made with Harvey Pepper, the price for the same completed to be $400. This pioneer bastile was made of logs, squarely hewn, and snugly laid together, while on the inside it was lined with oak plank two inches in thickness. To add to the further security of the jail, the interior was nailed every two inches with heavy spikes, the result of which was to make a box that, crude though it might be, was stronger than many of the more modern specimens of this genus. The word box is used advisedly, as the entrance to the interior was by means of a flight of steps running up to the second floor of the structure from the outside, where, from the interior, entrance was effected into the cell below by means of a ladder. This floor was made of stout hewn oak logs, and through the cracks between such air as could, struggled through to the prisoners below. For light two or three holes about the size of a small pane of glass were cut far above the reach of the prisoners, and admitted an occasional ray of sunshine to the occupants of this "dungeon cell." The jail finally went up in smoke, being fired by an incendiary, and, in 1844, the "old stone jail" was erected at a cost of $1,685, including a frame jailer's house. This structure, although regarded at the time as the acme of institutions of its kind, was soon found to contain serious failings, both in size and internal necessities for the comfort of prisoners. As early as four years later, namely, in 1848, the Uerk of the County Board was ordered to advertise for bids for "enlarging the jail," but this order was afterward countermanded, and at the January session of the board in 1849, it was aecided that air holes cut in the walls so as to ventilate the lower cells would be suflScient for an needs, and N. W. Kendall was employed to provide this rather crude means of ventila- T°p o ^^^ reasons unexplained in the proceedings of the board, the job was turned over to J- 1. Squires, who was ordered 'to let the job to such person as he saw fit. In 1852-53, the present Sheriff's house was built, the one formerly occupied by that officer being altogether to rough and crude an affair for habitable purposes.

The ease and facility with which prisoners effected their escape from these prison walls finally awoke the county to the necessity of providing a jail that would be capable of holding securely the desperadoes and rufiSans who visited this section. Notice was accordingly given early in 1872, that bids for the proposed new structure would be received, and, in July of that year, the contract was awarded to Haugh & Co., of Indianapolis, for the sum of |20,500. AH but the iron-work was sub-let by this firm to Norris & Hinkley, of Monroe, Wis. The following description of the new prison is published in the Herald of cotemporaneous date :

" The edifice will be made of brick and be two stories high above the basement room, the latter having an altitude of seven feet and five inches, and extending three feet below the surface of the ground. The basement will be divided into two compartments, one of which (the front) is to be used as a fuel room, and contain the furnaces for heating the various rooms, cells, etc., above. Eight basement windows will light this portion of the building, each grated by two horizontal and seven vertical bars of iron. The walls are to be one foot six inches thick, laid with good building stone in the best sand and lime mortar. The dimensions of the building to be 36Jx45J feet, all measured outside of brick-work. All outside walls above the watertable will be twelve inches in thickness, to be built of the best quality of Lancaster brick. The* floors will be of bush-hammered limestone, seven inches thick, laid level and properly bedded in mortar. All window-frames and sash to be of good, solid oak.

" The building will contain twelve cells, six on the first floor and as many on the second. Each cell will be five f^et by seven and eight feet high, made of jail plate a quarter of an inch thick, and set on iron pillow-blocks six inches from the floor. The doors to these cells will be two by six feet, made of articulated iron-work secured with heavy bolts and provided with strong locks. A corridor composed of articulated iron-work will surround the outer tier of cells on both the first and second floors. This grating will extend from floor to ceiling. Separating the corridor from the gallery will be another grating of iron-work, the horizontal bars of which are to be of strong band-iron, and the upright of one-inch round-iron, spaced three to a foot. The lower ends of these bars will pass through the stone floor and be securely riveted. The gallery is to be two feet wide, and will extend all around the main prison. Besides the cells, gallery and corridor already referred to, the first floor will contain a kitchen and guardroom ; the second a jailer's bedroom and a female ward furnished with six beds and provided with an iron door. The walls on three sides of the main prison to be eight feet in height, the wall on the north side the entire height, the whole ceiling of the apartment containing the cells as well as the floor, walls and ceiling of the female ward are to be lined with jail plate-iron a quarter of an inch in thickness. There will be eight windows in the prison, and two in the female ward, each made secure with cast-steel gratings, consisting of three horizontal and seven vertical bars, the latter let into the caps and sills two inches, and the spaces around them at the bottom will be filled with melted lead. There will be two swinging beds in each cell, and six in the ward for women. These will be hung with chain suspenders and hinged with strong hinges, four inches from the wall. To be made wholly of iron."

Some slight changes were made in the original plan, two feet being added to the height of the basement, and six inches to the thickness of the basement walls, besides several minor additions.

The site selected for the new building was a vacant lot on the corner of Jefferson and Maple streets, and just north of the old jail. Work was commenced soon after the awarding of the contract and carried rapidly forward, and in September of the following year, the completed structure was turned over to the county and accepted. The total cost of jail and. lot was $21,740, $800 having been paid for the lot and a small sum allowed the contractors for extra work according to changes made in the original plans.

It had been intended at first to include a Sheriff's residence with the new building, and plans for a building 44x27| feet, two stories high, with a mansard roof, had been accordingly drawn. The cost of this additional building would have been about $7,500, but from motives of economy the residence was omitted, something that was afterward much regretted, "his contemplated addition will doubtless be completed according to the original plans ere many years roll round, as only this is needed to round-out and finish to completeness what is undoubtedly one of the finest jails in the State.

Qounty Poor Farm. - This property which lies some two miles southeast of town on the Platteville road was purchased by the county in the fall of 1845, the purchase being brought about in a great measure by the efforts of Judge Barber and Dewey, who previously had purchased the property and offered the county the land at the cost price, namely, $3 per acre, providing they would establish there a poor farm, the need of which was already felt. The proposition was accepted, and November 17, 1845, deeds were made out direct from James Wilter, of Monroe, Green Co., to the county of Grant, by which the latter became the owner of 240 acres of the half-section sold by Wilter. Work was begun upon the proper buildings thereon, and the farm was ready for occupancy the following year. Isaac Martin was the first Superintendent. October 24, 1866, the main building was destroyed by fire, the incendiary being an insane pauper named Susan, who started the blaze in her cell. There were no men on the place at the time, and although the women present fought strenuously against the fire fiend, they were unable to subdue it, and before help could arrive from Lancaster the fiames had such possession of the structure that all efforts to save it proved unavailing. The furniture and some few other articles were saved. The building was uninsured, and the loss to the county was estimated at $7,000. At the meeting of the Board of Supervisors in the November following, the sum of $5,000 was appropriated for rebuilding the structure, the new building not to cost over $8,000. During the interval, a stone building about a mile south of the poor farm, the property of the Hon. J. P. Cox, then lately deceased, was leased for the use of the Superintendent and inmates until the new building could be erected. The present poor house is a commodious and neat-looking structure, combining comfort with all the requirements necessary for such an institution. Its cost, however, somewhat exceeded the price set by the Board of Supervisors when rebuilding was first determined upon.

Early Justice

As is usual in new countries, the earliest efforts to establish the blind goddess with her impartial scales securely upon her throne in Grant County, were accompanied by many discrepancies in form and procedure that cannot fail to produce a quiet smile upon the countenances of present-day barristers.

Not but the dignity of the higher courts, under the same and dignified rule of Chief Justice Dunn, backed by a bar comprising such names as those of Orsamus Cole, Stephen 0. Paine, J. Allen Barber, Judge J. T. Mills, and other legal luminaries of a like standing and character, was well preserved and their proceedings marked by that staid decorum that is supposed to be the especial characteristic of these fountain-heads of Justice. On the contrary, while in exceptional instances, and these extremely far between, might have been exhibited instances of gaucherie and disregard of legal amenities, the bench and bar of Grant County would take high precedence with any similar body in the State. While this is the case in the upper courts, it is equally true that the lower channels at times, under the influence of amateur occupiers of the wool sack, pursued a most tortuous and perplexing course, ending in climaxes altogether the reverse of the meaning intended by the court ; a few of the most authentic have been culled from the many and are given below. The first are included in the recollections of the Hon. tienry S. Baird, published some years since, who relates them as happening in the western part of the State at a very early day. While it is possible that they may not have occurred exactly within the territory afterward defined as Grant County, they are "altogether too good illustrations of the early legal modus operandi to permit of their being missed here. Says Mr. Baird: In the subordinate or Justices' Courts, many singular incidents transpired and decisions were made, which, to the actors at the time, seemed to be all right, and in strict conformity with r 'V''''°"®. °^ justice ; but, to modern practitioners, they would appear, however, to conflict "With the strict rules of evidence and encroach upon the rights of the citizen. I will illustrate by relating the proceedings that took place in two cases tried before Justices' Courts in the western part of the State about the year 1830. A plaintiff was, at that time, permitted to sue his debtor by warrant, and on judgment being obtained, to issue execution against and imprisoa the body for want of goods or chattels, out of which to make the money. In the case I allude to, the gentleman who related to me the story, applied to a country Justice for a warrant, he acting as the agent of a firm in St. Louis that had sold a bill of goods to the defendant. The warrant was issued and placed in the hands of a Constable. The plaintilF's agent returned to his place of abode, distant several miles from the office of the Justice. The Constable, prompt in the discharge of his duty, went in search of the defendant, and, in the course of a day or two, arrested him and brought him before the Justice. The question now arose, how should the attendance of the agent be accomplished ? This was soon settled by the Justice, who immediately issued a warrant against his body and directed the Constable to bring him forthwith- before the court. 'But,' said the Constable, 'What shall I do with the defendant in the meantime ? I cannot carry him with me.' 'Oh, I will fix that,' said the Justice, who at the moment observed a man on horseback passing by. The Justice hailed him, and commanded the stranger to alight and take charge of the d^endant. The traveler at first refused, alleging that he waa a stranger, residing in Illinois and going on business to a distant point, but the Justice would receive no such excuse. He informed the stranger that he was a Justice of the Peace, and, in the name of the United States, and by authority of the laws of the Territory, ordered him again to take charge of the prisoner. He reluctantly obeyed the mandate, and mounted guard over the defendant. The Constable then went in search of the plaintiff's agent, found him at his residence, arrested him on the warrant, brought him before the court, and reported that he had the ' body ' there present. The trial proceeded and judgment was duly rendered against the defendant. It was now nearly dark, and, as in those days, houses were few and distant from each other, the traveler said to the Justice, that as he had detained him nearly all day, it was then too late to proceed on his journey, and he supposed he could give him supper and lodging. The Justice was quite willing to do so - for he was not only a Judge, but a landlord as well. The. traveler and plaintiflf's agent accordingly had their horses cared for, had supper, lodging and breakfast, immediately after which the stranger ordered his horse; but when about to mount and ride off, he was civilly informed by the late Justice - now landlord - that his bill was twelve shillings. In this case, the Justice probably pocketed more than either party or the Constable. At the other trial, I witnessed the whole scene myself The court was held in a small log schoolhouse. The suit was brought to cover the amount of a note in hand. The defendant pleaded either payment or want of consideration ; each party had employed counsel, and a jury of six was empaneled to try the issue. A witness was called and sworn. In the course of the examination, one of the counsel objected to some leading question put by the opposite side, or tosome part of the witness' answer as improper testimony. The Judge overruled the objection and the witness proceeded ; but, erelong, another objection, similar to the first, was made from the same side. On this second objection being made, the foreman of the jury, a large and portly individual, who bore the title of Colonel, and, probably, owing to his exalted military rank, was permitted to wear his hat during the trial, manifested a good deal of impatience, shown by fidgeting in his seat, and whispering to his fellow-jurors ; but the Justice again overruled the objection, and told the witness to proceed. This he did for a short time, when he made a statement which was clearly irrevalent and contrary to every rule of evidence and common sense. The attorney who had so often and so unsuccessfully attempted to exclude thia sort of evidence, could no longer silently submit : he again rose from his seat and most respectfully appealed to the court, protesting against such statements going to the jury as testimony. Thereupon the worthy foreman rose from his seat and swore he would no longer sit there ana hear the objections of that fellow ; that he had taken an oath as a juror to decide the case according to the evidence, and if he could not hear the whole story from the witness he should leave. Accordingly, he made several strides toward the door, when the Justice rose from the bench, and. approaching the juror, placed his hand on the Colonel's shoulder, and begged that he woull return to his seat, promising that the troublesome attorney should not again interfere. After some persuasion, he consented to do so', at the same time - while pressing his hat more firmly upon his head - he exclaimed, ' Well, I'll try it once more, but d - d if I'll stand any more of that fellow's nonsense.' The attorney gave up in despair, and the opposite counsel had it all his own way."

A third illustration of the manner in which the dignity in which the law waa upheld, sometimes under serious difficulties, comes from the southwestern part of the county. Two parties became embroiled in one of those bouts at fisticuffs so common in the mining region at that date, but before any considerable damage had been done, a third party stepped between the combatants, and restored order. But the peace of the village had been disturbed ; the dance was over, but now some one must pay the piper. Accordingly, a warrant was issued and one of the pugilists arrested. His trial came off in due form, and resulted in his acquittal. Thereupon the other party to the fracas was brought before the dread bar of justice, with a similar result. Matters were now becoming serious; insulted justice demanded a victim, and a warrant was issued against the body of the peace-maker. Thoroughly astounded, that individual was brought before the court, and convicted of disturbing the peace of the commonwealth. In the meantime, astonishment had given way in the mind of the victim to a feeling of righteous indignation, which was shared to the full by his friends. Suddenly the tables were turned, not only figuratively but literally. The Court was obliged to take refuge in flight, and the last seen of his honor he was making hasty strides over an eminence in the vicinity, with his erstwhile prisoner trailing close in the rear, while the latter's friends obligingly remained behind, to reduce to chaos the scene of their favorite's disgrace. The pound of flesh, tradition assures us, was never obtained in that case.

It was genial Daniel Gellipsie who, after listening impatiently to long-winded arguments upon law and evidence when he was seated on the bench, gave vent to his feelings by exclaiming with emphatic earnestness : " Gentlemen, you may go away with your Blackstpnes and your whetstones. It is my private opinion that the plaintiff has got the right of the case, but the Court reserves its decision until Monday. "-

The northern part of the county comes to the front with a well-known instance where the Court, not waiting for the slow and ponderous movings of the law, took upon itself the double role of Judge and executioner. A case was on trial, and the small carpenter-shop, covered with its cleanly litter, was filled with legal talent, witnesses and spectators. The trial had not progressed very far before one of the witnesses cast a doubt upon the veracity of the Court, or in other words, suggested that his Honor was " a d - n liar." This was more than Scotch blood could stand. Rising from his seat, the incumbent of the bench remarked to himself : "Your Honor, I dismiss this court for fifteen minutes," and then, pulling off his coat, proceeded to inflict swift and terrible punishment upon the vile slanderer. Having finished his self-imposed task, his Honor resumed his seat, opened court, and no more insults were offered to that fountain of justice. A volume might be filled with incidents, pathetic and humorous, of the early administration of the affairs of the blind goddess, but the few given will show to those reaping the benefits of the pioneer labors of the fathers of the county, one of the many crucibles through which came the present forms of law and order.

Capital Crimes

wrant County in its earlier and middle-age history was the abode of many representatives 01 the rougher elements of society, drawn hither by the mines and its proximity to the Mississippi, that famous water-way which served for many years previous to the war as a promulgator 01 vice as well as a pathway of commerce. This roughness gradually wore away under the nat- "l t^^ ^°'''^^ '^^^ °^ ^^^ advancing civilization, until the cuttings, shootings and brawls, of which the county was so prolific in an early day, are now remembered only as vague traditions 01 the past. It does not come within the province of the present chapter to take note of every aisturbance which resulted in loss of life, but only of such as at the time created a strong ripple

Jim Crow Murder

Among the earliest assassinations which took place in the present confines of Grant County and one that, at this date, seems most brutally cold-blooded, was the shooting of "Jim Crow " at Potosi, by a gang of claim-jumpers. The following account of this murder is compiled from different sources, chiefly from a history of the crime that appeared in the Grant County Herald some years ago :

" The 'Long Range' was one of the most prolific ranges of mineral ever worked in the Potosi mines. It was originally discovered by a man by the name of Fipps, who, failing to discover the fortune it contained, and, after working awhile on side crevices, sold out for a trifle to more fortunate parties. A mining claim, at this time, was a lot two hundred yards square, as allowed by the Government. Moor & Watson held one of these lots, and, in proving their claim, struck the main body of mineral, or, in more modern parlance, the 'bonanza.' There was hving in ' Snake Hollow,' at this time, a gang of roughs, whose business was to make an easy living by any means that might subserve their own nefarious purpose. Sometimes they would decoy their victims into the saloons and fleece them out of their ' piles ' at the gambling table. Failing at this, they did not hesitate to adopt means that would compass their design and place them in possession of the coveted treasure of the fortunate and hard-working miner ; and woe be to the man who fell under the ban of their displeasure. Their plan once devised and adopted, they did not fail to execute it, however hazardous and villainous the means used in its accomplishment. No retreat, however secure, was safe from their invasion. With the stealth and persistence of the India thug, they pursued their victim, and, once within their meshes, there was no escape. The ' Long Range,' with its deep, capacious crevices of glittering ore, was a prize, and the band resolved to have it - ^by fair means if possible, by foul if necessary. Moor & Watson learned their design, and resolved to beat them in their own way. They gave ' Jim Crow' a, fighting interest. He was a man formed in a perfect mold, and well skilled in the ' manly art of self-defense,' his right name being James D. Morga, but, through the mines, he went by his sobriquet of ' Jim Grow.' It was a pastime for him to ward off the blows of his antagonist and send him sprawling to the ground with a force that beats the Keely motor. He was never known to seek a quarrel nor to back out from one in behalf of an insulted or injured friend. A few well-directed blows was sufiicient for the occasion, and the recipient never asked to have them repeated. Bill Goodfellow, also a powerful man, thought to dispatch him once, at a saloon in Dubuque, striking him in the back with an ax, severing his ribs from the bone ; but Jim, quick and fierce as a she tiger, turned on him, wresting the ax from his hands, and, before feeling the eiFects of his severe injury, dealt him such a thrashing that Bill ever after kept the peace. Such was the new partner in Moor & Watson's diggings, whom the miners had learned to respect for his unobtrusive devotion to the right, and the roughs to fear for his swift and terrible punishments of the wrong. A fellow by the name of John Calder was the first to assert his claim to the diggings, and, for this purpose, armed himself with a gun. Jim saw him coming and advanced to meet him half way. His first move was to wrest the gun from his hand, and then administering a few well-placed kicks, ordered him to return by the path he had come, or he would blow the top off" his head ; Calder obeyed, and relinquished all further claim. A few days after, the whole gang, consisting of Sam Rountree, Bill Clark, Cyrus Harper, Jake Derrich, Bill Cooley and Lindsey Evans, all armed, were seen approaching the diggings. Jim Crow was prepared for them. He stood, as they approached, leaning on the windlass at the mouth of the 'hole,' armed with his knife, pistols and rifle. When they came within thirty yards, Jim ordered a halt along the whole line. They knew too well the determined character of their foe, and to advance farther was certain death to one or more, and they wisely concluded to obey the order and remain where they were. Harper tried to commence conversation and said : ' Crow, we have come up to settle this difiBculty, and would like to talk with you a little.

Crow replied, ' You can't talk to me ; you have come with a d - d pack of thieves. Now, take the path you came, and go home and attend to your own business.'

"They did leave and were only too glad to get beyond the reach of the well aimed rifle. Though held at bay and baffled in their nefarious purpose for the time, for there is little doubt they purposed to kill Crow then and there, if they could do so without endangering their lives, they were not to be thus easily thwarted, and slowly returned deliberating a more successful revenge. It was not long delayed. All was kept quiet. No intimation was given of the work they had in view, and it was supposed the strife was at an end, and Moor & Watson were to be left in the peaceable possession of their rich diggings. A few weeks after, Jim Crow was sitting in Owen McLaughlin's grocery, quietly smoking his short pipe, when Bill Cooley, Jake Derrich and Lindsey Evans entered. It was observed that Evans wore a cloak. All walked up to the bar and called for something to drink, inviting Jim Crow to do the same. There was nothing in the words or movements of the men to betray suspicion when the two turned to leave the house. Cooley and Derrich had passed out, when Lindsey Evans turned suddenly round sent a ball whizzing through Crow's heart, and left him weltering in his blood. He expired in a few moments thereafter, while the assassins mounted horses that were held in waiting by their cowardly associates without and escaped down the Hollow. Crow was buried in Whittaker's field, on the hill, to the left of the road leading from Potosi to Galena. The events succeeding the cowardly assassination stop not here, and were fraught with more than mere local interest. The number and influence of the gang, some of them being men of means and holding respectable connections, defied the law. The local authorities were mere minions of their authority, and, if not willing tools, were but too anxious to avoid giving offense. The three principal murderers, after skulking a few days in the neighborhood, were arrested, and, after a farcical examination, were set at liberty. It was then the people became aroused. Nelson Dewey was serving his first term of Justice of the Peace in the town of Lancaster; From him a new warrant was procured, and the villains re-arrested and brought into court. The prisoners were held to bail and committed to the guard-house at Prairie du Chien, there being no jail yet in the county. The examination lasted all night and some time into the next day. Many of the persons who attended were known to be armed, and their previous intimacy with prisoner and known desperate character fastened the rumor that an attempt at a rescue would be made. A guard was organized to protect the officers, and thus under a strong guard the prisoners were started for Prairie du Chien. They were afterward brought before Chief Justice Dunn on a writ of habeas corpus and admitted to bail. This action on the part of Judge Dunn aroused the slumbering passions of the better class of citizens. These lawless desperadoes again at liberty, defiantly returned to their old haunts in Potosi. Forbearance had ceased to be a virtue in this case, and meetings were held to take into consideration the best mode of getting rid of them. It was finally determined to drive them out of the country, and a limit fixed to the number of days they might remain to adjust their business. At the end of the time an armed body of men numbering two hundred and over, marched into the town ; but the desperadoes had made good their retreat, and put the waters of the Mississippi between them and all danger. The principals never returned. As an episode snowing the animus of the times and of the kind of characters that went to make up a mining town, the following incident will show : Dr. Hill was a friend of some of the parties implicated in the murder, whom the mob compelled to leave. One of them went to him for advice. The doctor said : ' I will not advise you one way or another, but there is not men enough in Wisconsin to drive me out.' This remark identified him with the gang, and a meeting was called to dispose of his case. Dr. Hill hearing of it armed himself to the teeth and walked into the meeting. Taking oflF his hat, and standing straight as a lamp-post and bringing his rifle to a ground arms, he addressed the meeting as follows : ' Mr. President, I understand this meeting has been organized for the purpose of driving me out of Potosi. Sir, is that the object of this meeting. (J - d d - m your souls! you can't drive me out! and you shall not discuss a matter h u '''"*^'' ^^^ every one present knew that speech portended death to the first man wha 8 ould open his mouth. The meeting was cowed into silence and one by one they dropped out,.

glad to get beyond the range of the belicose doctor's rifle. He was not driven out. Harper, a merchant was, however, afterward arrested and brought before the Vigilante Court and proven guilty of loading the pistol with which 'Jim Crow' was killed, his own clerk testifying against him. He was then given two days in which to settle up his afl"airs and leave town. Before the expiration of the limit set, he was out of town glad to escape so easily."

Nearly forty years have elapsed since these events occurred, and but few remain who were of the facts. Lindsey Evans was never tried, and few if any learned the sequalof his life. Some returned Wisconsin soldiers, while in a Soifthern prison, relate that one of their keepers, learning whence they came, confessed himself to be Lindsey Evans, and by kindly acts to the prisoners seemed to desire to atone for his great wrong. But his name and memory Tvill ever be attached to the most infamous assassination that ever occurred in the lead mines.

Eussell Murder

On the 1st day of March, 1838, Edward Oliver and John Russell, living near Cassviile, iDecame involved in a discussion arising from the loan of a skiff which Russell had borrowed from Oliver to go across Turkey River, and had not returned as he agreed. The wordy warfare aroused Oliver's passions to such an extent that he drew a pistol and attempted to shoot his antagonist. Parties near by interfered, but reaching around the would-be peacemaker, Oliver pulled the trigger and the ball from the pistol struck Russell in the left breast killing him instantly. Oliver was arrested and tried at September term of court and sentenced to be hanged. This sentence was carried into effect a short time later, the gallows for the execution being erected a short distance from where the old jail now stands. Harvey Pepper was Sheriff at the time, but a deputy named Reynolds released the fatal drop that sent the murderer into eternity. Previous to his execution, Oliver expressed a wish to make a confession as well as give a history of his past life, and Judge Barber, then a young lawyer, went to his cell to commit this recital to paper. The entrance to the cell was effected by first going into the upper story of the old log jail and then descending into the cell. As Mr. Barber sat writing, he happened to notice Oliver slip his hand from the shackles which he had unloosened in some manner and stealthily reach for an iron bar that lay near him, his evident intention being to brain his visitor and then perhaps escape.

Mr. Barber stopped writing and looking the murderer squarely in the eye, commanded him in a stern voice to replace his hand in the shackle. For a moment they sat eyeing each other, but the piercing, unflinching gaze was too much for the murderous ruffian, and he sullenly obeyed the command, and when he was securely fastened, his visitor took his leave informing him that some other time he would take the remainder of the matter. But no further attempts were made to gratify the fellow's desire for posthumous notoriety.

Oliver's son, a young lad, threatened, previous to his father's execution, to kill the officers should the sentence be carried out, and a short time after the verdict of the court had been fulfilled to its awful end, young Oliver was found in a thicket on the edge of the town with cocked gun waiting for his victim. He was, however, seen and captured before he had time to do any damage. His weapons were taken from him, and he made, so far as heard from, no further attempts for vengeance.

Latimer Murder

The death of Charles Latimer in February, 1844, at the hands of one Gloster, at Potisi, created at the time much local excitement and was characterized as "the most tragical occurrence that has disgraced this portion of the Territory for years." Latimer was an Englishman by "birth, and had fled from Canada in consequence of his participation in the patriot war. He was a lawyer by profession, a man of brilliant parts and a ripe scholar, but unfortunately addicted to intemperance and the abuse of the American eagle. The former habit was viewed according to the custom of the time, with a grieat de^l of tolerance, the latter with quite tiie reverse.