Green County, Wisconsin - Chapter 12: The Courts of Green County, 1884 (part 2 of 2)

That Mr. Keep had enemies, no one is asked to doubt. All public men must have them, and the greater the man, the more bitter and powerful his enemies, as a rule. The collision of claims and the collision of interests, an ardent zeal on one side or the other of the question, political antagonisms - all conspire to create opposition, denunciation and ill-will. He was not one of those who feared to do anything lest he might do something wrong. He acted from principle, and when fully persuaded of the correctness of his position, never wavered or faltered in his course. If difficulties increased, his energy and resolution increased with them. If the circle of his confidential friends was contracted, it was not because he discarded friendships when they ceased to be profitable, but because he was reticent and selfengaged. He was never very compromising or conciliatory in his deportment. There was austerity as well as frankness in his manner that sometimes made him bitter opponents, but he had the. happy faculty of retaining through life a host of warm friends, v^'hose ardent love was proof of his private worth - more honorable to his character than even the prominence of his great abilities.

As a writer, he was clear, terse and didactic. FTis great endowments of disciplined thought imparted to his hastiest compositions elaborate force and the grace of perfection. Bold in his propositions, clear in his stateinents, rapid in execution, complete in demonstration, he was inexorable in his conclusions. Grant him his premises, and the result was as inevitable as fate. He did not fatigue himself with delicate metaphysical abstractions, nor bewilder his mind with speculative theories, but like an arrow impelled by a vigorous power, he shot directly to the mark. In all his qualifications as a judge, it may be said without questioning, that he had few equals, and no superior in the Slate. The dignity of the circuit court, while he presided over it, is still spoken of as a model of evcellr'nce. and his judicial opinions have

As a public speaker, he was direct and logical, addressing himself to the reason and understanding, rather tlian to the passions and prejudices of men, and his conversational powers, when interested, were of the highest order. Before a deliberative body he was a man of great influence, but he was too much of a matter-of-fact man to indulge in popular harangues. His early political preference and party associations were with the whigs, and later, with the republican party; but he displayed at all times great independence and high-mindedness, never yielding his own deliberate judgment to popular applause, or sacrificing his own convictions to the prevailing sentiments of the day, nor was he ever a candidate for any political office.

During his last days the excitement growing out of the disloyal and belligerent position of the Southern States became more and more intense, yet, notwithstanding his enfeebled condition, he watched with unusual interest all the proceedings in Congress until his feelings were roused with all the ardor of intense patriotism, and he frequently expressed a great desire to be restored to health, that he might participate in the impending struggle on the part of the Union.

In person, Mr. Keep was tall, erect and rather slender; his manner dignified and graceful; his eyes large, black and penetrating, and his whole countenance expressive of great energy and determination. His speech was pleasant, and all his motions seemed to partake of the increasing activity of his mind, and the most casual glance upon him in action or repose never failed to impress the beliolder with an instinctive sense of his superiority.

He was married in 1S39 to Cornelia A.Reynolds, daughter of John A. Reynolds, of Westfield, N. Y , a lady of rare culture and Christian virtues, who still survives him.

He left four children, two sons and two daughters. He died on the 2d of March, 1861, aged forty-eight years, and, although but in middle life, few men have left such a record of private worth and public usefulness.

His death was a very remarkable one. In fact, deatii in its usual form never came near him. As said by Judge Conger, his end was indeed that of a philosopher, and his death the death of a Christian.

For two years, his strength wasted gradually until he had not sufficient left to draw a breath, and so he ceased to breathe. The morning on which he died he was dressed and occupied his easy chair, on which he had reposed during his sickness, looked over some papers from his safe, gave directions in regard to their disposition, conversed with his friends and neighbors, and the several members of his family separately, taking affectionate leave of each, but still, though his pulse had long ceased to beat, he was not ready to go, for he was waiting the expected arrival of his sister from Janesville, Mrs. Graham, who had been summoned to his side, and looking at his watch and noting the time of the arriving of the cars, he remarked, "I fear she has not come ;" but watching the window, in a moment lie said, "Indeed she has come." After a few minutes conversation with his sister, he said, "1 am now ready to depart," and

This brief sketch of John M. Keep will be barely sufficient to give the reader a bird's-eye view of the excellency of his life, but the more secret and minute peculiarities which most endear him to his friends, can never be known, I save to those whose personal relations to iiim were such as to enable them to form adequate estimates of his private virtues.

His chief qualities of natural greatness were moral courage, great energy, ready decision and an indomitable will. Few men possess these quAlities in so remarkable a degree as John M. Keep, because few men are so profusely endowed with the omnipotence of genius. Systematic in the employment of his time, he was capable of doing rapidly and well what most persons could not perform without much time and labor. Bred to the bar, his mind was too original and of too broad a cast to be bound by those narrow and confined views which find the mere lawyer to former precedents and adjudged cases; he combined the more noble properties of justice with legal adjudications commingling the principles of equity with legal rule, thus mitigating the too oft severity of legal despotism.

The subject of this sketch was born in Franklin, Penn., on the 9th of October, 1809. His father belonged to that class known as Pennsylvania Dutch; and his mother was of\lrish descent. At the age of sixteen, he came to Greenfield, Ohio, and with his father, engaged in agricultural pursuits. The hardships which he experienced at this period, disciplined him for the struggles of after life. His educational advantages were limited. A few weeks only in the winter of each year were spent at the district school, where he manifested a taste for intellectual pursuits, and, at the age of twelve, he expressed a desire to reach the legal profession, but, because of the limited means of his parents, he received but little encouragement. At the age of nineteen, the young man started in search of more remunerative employment, in which he succeeded. In 183.3, he returned to Ohio, to his father, who was embarrassed because of debt ; whereu.pon he and his brother took the land and relieved their father of further anxiety. In lft34, they improved a water power on the farm, by building a mill, which proved a grand success. On the 13tli of October, 1835, David was married to Ann M. Lewis,

The new farm of the young married couple began to show marks of imiDrovoment, while at the same time the husband was looking forward with hopes of entering the legal profession. It is said that, during these days "he studied Blackstone in the cornfield," which is literally tiMie ; and, in 1838, he was admitted to the bar by the Supreme Court of Illinois - he never having spent a day in a law office.

In 1839, Mr. Noggle sold his land claim and moved into Beloit, where he opened an office and. fully entered upon the practice of the law, doing business in Winnebago and Boone counties; Illinois, and in Rock, Walworth, Jefferson and Green, in the Territory of Wisconsin. His efforts in court proved him to be a man of power. In 1846, he was a member of the constitutional convention of Wisconsin ; and, though young and inexperienced in legislation, was soon recognized among the leaders of that body. He stood with the progressive elements of the convention in favor of homestead exemption, elective judiciary, the rights of married women, and opposed to banks and banking. In 1854, he was a member of the legislature of Wisconsin from the Janesville district, having some years before removed from Beloit to that place ; he at once took a prominent and leading position in the legislature.

In 1856, Mr. Noggle was again elected to the legislature, and was tendered the speakership of the assembly by more than a majority of that body, but being compelled, from temporary lameness to go on crutches, which would greatly inconvenience him in discharging the duties of a presiding officer, he declined the offer. He was emphatically the leader of the House in this legislature, and in the contest for the election of United Stales senator, in which J. R. Doolittle was first chosen.

consin, composed of the counties of Kenosha, Racine, Walworth, Rock and Green. He discharged his duties as judge with great acceptability. After he retired from the bench, he moved to Prairie du Chien and practiced law in Crawford county two years, at the end of which time, he moved back to Janesville, and was soon after appointed United States district judge of the 'J"'erritory of Idaho. His health failed under the exposure of frontier life and the duties of his office, and he resigned, and returned to Janesville, but he never rallied, and died with softening of the brain a year or two after coming back to Wisconsin. Judge Noggle possessed a large and powerful physique and a massive brain ; and, although he had but a limited literary education, he was a brilliant orator and a very able advocate. He was a man of strong impulses and decided convictions, and hence was a steadfast friend and a bitter enemy.

Williatn Penn lyyon. William Penn Lyon, of Madison, was born Oct. 28, 1822, at Chatham, Columbia Co., N. Y. His parents were members of the religious Society of Friends, commonly called Quakers, and he was brought up in that faith and still clings to its cardinal doctrines. He attended an ordinary country district school until eleven years of age, when he was taken from school and placed as clerk in a sn\all store kept by his father in his native town. After this he attended select schools at intervals, a few terms, amounting in all to about one year. These were the only school advantages he ever enjoyed. But with these, and a reasonable use of his leisure time, he acquired, for those days a fair English education, including a limited knowledge of algebra, geometry, Latin and natural philosophy. At the age of fifteen years he taught a district school with indifferent success in his own estimation. He freely admits that school teaching was not his forte. From fifteen to eighteen years of age he was mainly employed as a clerk in ft frrocery store in the city of Albany. During that time he spent most of his leisure hours in attendance upon the courts and the legislature - his tastes leading him strongly, in those directions - and eagerly listened to arguments and speeches made by such men as Erastus Root, Samuel Young, Judge Peckham, Judge Harris, Ambrose L. Jordan, and numerous others whose names have since become famous. He was always greatly impressed with the candor, dignity and impartiality of Luther Bradish, then the lieutenant-governor of the State and president of the Senate.

In 1841, when in his nineteenth year, lie emigrated with his father and family to Wisconsin, and settled in what is now the town of Lyons, Walworth county, where he resided until 1850. With the exception of two terms of school teaching he worked on a farm until the spring of 1844, when he entered the office of the late Judge George Gale, then a practicing lawyer at Elkhorn, as a law student. But before this he had read Blackstone's and Kent's commentaries quite thoroughly. He remained a few months with Judge Gale, but returned home to work through harvest. He was soon after attacked with acute inflamation of the eyes, and was thereby incapacitated to read or teach for nearly a year. That year he worked on the mill at Lyons, then in process of erection, and in the races leading to and from the same, at %Vl per month, earning $100. In the fall of 1S45 he entered the law office of the late Judge Charles M. leaker, at Geneva, as a student, and remained there ,, until the spring of 1846, when he was admitted I by the district court of Walworth county as an attorney. Having been chosen one of the justices of the peace of the town of Hudson, ; now Lyons, he at once opened an office at the village of Lyons, and commenced the practice of the law, but in a very small way. His receipts for professional and otlicial business the first year were $60, the Vecond ^180, the third $100, Tind fourth |500. His income had increased so Jargely that during the second year, which was 1847, he married and thus bpcamc the head of a family. But rent, fuel aiul provisions were cheaper in those days than they now are, and liis income proved quite ample for their siij)port.

In 1860 he formed a partnership with the late C. P. Barnes, of Burlington, in Racine county, and removed to that place where he remained until the spring of 1855, when he removed to the city of Racine, where he continued in the active practice of his profession until the breaking out of the war in 1861. He was district attorney of Racine county from 1855 to 1858 inclusive. He was chosen a member of the Lower House of the Wisconsin legislature of 1859, and was made speaker. It is a very unusual proceeding for one who has never been a member of a legislative body to be thus caUed to the delicate duties of presiding officer, but in this case the choice was abundantly justified by the coiis[)icuously capable manner in which the duties were discharged. He was re-elected a member of llie assembly the following year, and was again chosen speaker without a contest in the caucus of republican members. H( letired from his second term in that position at the age of thirty-eight, with the wai-in friendship of the members without distinction of pirty, with an enviable reputation throughout the State, and willi the promise, which has been fully realized of a useful and honoi-able public career.

Judge Lyon is i)eculiarly one for whom the "pomp, pride and circumstances of glorious war" could have had no seductions; but when the call of ))atriotic duty reached him, it fell upon no dull ear. One hundred splendid citizen soldiers enlisted under him, and he was commissioned capt;iin of compnny K, of the 8th Wiseonsin Infantry. Entering the military service in September, ISOl, lie ri'inained thereisi four years, having been, at the close of the war, mustered out in Texas in September, 1865. He had seived one year as captain of company K, 8th Wisconsin, and the remainder of the time close of the war was breveted a brigadiergeneral. His military career, he thinks, was not particularly brilliant, but he claims to have discharged his duty with reasonable fidelity.

In the summer following the close of the war there was a splendid pageant at Madison, on the occasion of the formal presentation to the State of the battle flags of the several regiments that Wisconsin had sent into the field. Gen. Lyon was chosen to deliver the address, and pronounced an oration of impressive eloquence.

Before Gen. Lyon had been mustered out of the military service he was chosen judge of the first judicial circuit, comprising the counties of Racine, Kenosha, Walworth, Rock and Green. He entered upon the duties of that position on Dec. 5, 1865, and served for five years with a degree of ability that won unqualified commendation from all. In 1870 he was made the icpui liean candidate for Congress in the fourth di.^trict of Wisconsin, but was defeated at the polls by Alexander Mitchell.

The death of Byron Paine having created a \ ; cancy on the bench of the Supreme Court of ^Vi scon sin in January, 1871, Judge Lyon was aj)pointed by Gov. Fairchild associate justice, he having continued to exercise jurisdiction over the first circuit after its Territorial limits had been changed until this time. In the April following he was elected for the unexpired term, and for the full term succeeding. In 1877 he was re-elected, without opposition, for a term which expired in 1884, and is now serving on his third full term. The people of Wisconsin have been almost ur.iformly happy in the constitution of their highest judicial tribunal. And theie have been none more deserving of confidence than he who now sits as senior associate justice. Hisknowledgeof lawis thorough and his instinct of equity perfect, his mind has an equipoise that the scales of the blindfolded goddess cannot surpass, and his integrity is such as to class him with those into whose presence

His wife is Adelia C, daughter of the late Dr. E. E. Duncomb, of St. Thomas, Ontario, Canada. They have two surviving children - Clara, born in 1857, and William Penn, Jr., born in 1861.

Harmon S. Conger, formerly judge of the twelfth judicial circuit, was born in Cortland Co., N. Y., where he read and practiced law until he came to Janesville, in 1855. While a resident of Cortland county he took a lively interest in political affairs, and while ])ursuing his legal studies he purchased the Cortland County Whig, which he edited with ability and earnestness for six years; at the expiration of this period the young editor sold it out and gave his entire time and energies to his profession. Shortly after his admission to the bar, much to his surprise, he was nominated to Congress by the whig convention in 1846. Owing to the political complexion of the dis trict, many believed that the nomination was only an empty honor; but, contrary to general expectation, Mr. Conger was elected to the 30th Congress, and was re-elected in 1848, although his opponent was his old preceptor, and one of the ablest and most popular men in the district. After serving two terms in Congress he gave his undivided attention to his profession, allowing nothing to divert him from the pursuit of his life. After twenty-five years' experience as an attorney, a ripe scholar, a well trained lawyer, an honest man, he was elected judge of this circuit in 1870; re-elected in 1876.

Free from obnoxious partisanship as it is possible for a man to be, he proved to be a most satisfactory and capable judicial officer. He died on the 22d day of October, 1882, in Janesville, Wis.

John R. Bennett, present judge of the twelfth judicial circuit, was born at Rodman, Jefferson Co., N. Y., on the 1st day of November, 1820 ; he was the second son and third child of Daniel Bennett and Deborah Lec>ds Bennett, whose maiden uamo was Spicer ; his father and mother were descendants from English Puritan ancestors, who settled in the State of Connecticut about the year 1640. His father was born in the town of Stonington, in that State, on the 16th day of February, 1793. The fourth son of David Bennett and Rebecca Bennett, whose maiden name was Miner and David, was the son of Stephen and Mehitable Bennett. His mother was the daughter of William Spicer and Hannah Spicer, whose maiden name was Hannah Leeds, being the daughter of Gideon Leeds, of the city of Leeds, England. His father being a farmer in comfortable circumstances, the son worked at home on the farm, attending the common district school until the fall of 1839, when he commenced attending the Black River Literary and Religious Institute, located at Watertown, N. Y., and prepared for teaching school, which he engaged in that fall, and from that time until the month of April, 1844, continued attending this school at Watertown, and teaciiing district and select schools. He then entered upon the study of law in the office of Western W. Wager, at Brownsville, Jefferson Co., N. Y., reading with him about six months. On the 28th day of November, 1844, at Hounsfield, Jefferson Co., N. Y., he was married to Elsie L. Holloway, the daughter of Charles and Chloe Holloway, whose sweet gentle influence has ever tended to lead him in the proper and j)leasant paths of life, and to be under the guidance of the better angel of his nature ; the purity of her life, the wisdom of her counsel and the comfort of her society, are still continued to him by a beneficient Providence, and are the sources of his greatest happiness. In the month of April, 1845, he commenced reading law in the office of Dyre N. Burnham, of Sacketts Harbor, N. Y., and continued reading with him until the 8th day of May, 1848, when he was admitted to practice in all the courts of that State. On the 2d day of October, 1848, he started for the west, reaching Janesville, Wis., October 13, where he located, and has since practiced his profession ; he has no children, but has adopted two sisters, Minnie and Kilty Parry, who have assumed his name and have been with him now over twentyyears, and are the liglit and joy of liis home ; they have been with him since they were respectively, four and two years of age. Mr. Bennett's practice, which has gradually increased from its commencement at Janesville, is confined mostly to Rock, Walworth, Jefferson and Green counties, and the Supreme Court of the State. From 1863 to 18&3, he held the office of district attorney of Rock county, and, in I860, was a delegate to the National republican convention, held at Chicago, which nominated Abraham Lincoln for President ; without being a candidate, he was nominated, in 1875, by the republican State convention for attorneygeneral, but was defeated with the rest of the ticket, with the exception of Harrison Ludington, the candidate for governor. In religious belief he is a New Churchman, or Swedenborgian, as the members of the denomination are more frequently called ; they hold that the Sacred Scriptures, unlike all human composition, contain witliin the letter a spiritual sense as far above the literary sense in beauty, brightness and power, as the immortal soul exceeds the perishable body, in which it "groans in this life, being burdened ;*" he counts it a fortunate circumstance that his ancestors, so far as he has any knowledge of them, were deeply religious ; and for the pious instructions received from his parents, who now, he trusts, occupy the everlasting abodes of the blessed, he is under a debt of gratitude which can never be repaid.

The counties in the twelfth circuit, the times of holding court in each, and the places where they are held, are set forth in the following tabular statement:

Twelfth Circuit

No jury shall t>e summoned tor either of the terms in this circuit appointed to be he'd in the irionths of January and -'uno. Evfiry term in thjij circuit $hall also be a trpecial term lor the whole juliicial circuit. - Section 241M, Revised Statulxe.

The act of Congress which provided for the organization of Wisconsin Territory, declared that the judicial power therein should be vested not only in a Supreme Court, district courts and justices of the peace, but also in probate courts, the last named being the same courts now denominated county courts. During the continuance of Wisconsin Territory the judges of these last mentioned courts were called "probate judges;" and prior to 1843, they were appointed by the governor, although none was appointed for this county.

County c(>urts were established in Wisconsin by chapter 86 of the Revised Statutes of 1849; and the jurisdiction and powers previously exercised by probate courts were transferred to them. Civil jurisdiction was to a limited extent V'sted in them, but was soon after taken away. Probate and County Judges. {Probate Judges.) Vm--*^

The first letters of administration granted in the probate court of Green county is set forth in the following record: Probate Court, Green County, Aug. 13, 1841.

Personally appeared before this court, Robert Hopkins, of Vigo county and State of Indiana, and after being duly sworn said that Caleb Hopkins, late of this county, died on or about the first day of December, 1840, in Honey Creek township,Vigo county and State of Indiana, and that the said Caleb Hopkins was his lawful brother, and that he left no widow or children to heir his estate known to him from tlie best of his knowledge, and that the deceased has no heirs residing in this Territory who miijht administer op the estate, and tliat the deceased owed at the time of his decease debts and expenses in his last sickness that cannot be paid Avithout issuing his estate lying in this county. Therefore the said Robert Hopkins made application for letters of administration to be granted to him, the said Robert Hopkins and William Rittenhouse, Bonds being filed, letters of administration was granted to Robert Hopkins and William Rittenhouse, and issued.

I, Josiah Pierce, of the county of Green and Territory of Wisconsin, do make and ordain this my last will and testament, in manner and form following, viz.: I give and bequeath to my daughter, Camilla A. Tillson, the sum of five dollars; I give and bequeath to my daughter, Marcia D. Rust, five dollars; I give and bequeath to my daughter, Rhoda F. Rattan, five dollars; I give and bequeath to my two oldest sons, Albert Henry Pierce and Franklin Pierce, each the sum of one dollar, having already given them in land what I considered their share of my estate; I give and bequeath to my daughter, Elesta Augusta Pierce, the sum of thirty dollars; I give and bequeath to my daughter, Sophrona Amanda Pierce, the like sum of thirty dollars; I give and bequeath to my youngest son, Josiah D wight Pierce, the west half of the southwest quarter of section No. 13, and the west half of the northwest quarter of section No. 24, both in town No. 3 north and range No. 7 east - to have the same when he arrives at the age of twenty-one years, excepting his mother should be then living; in that case his mother shall hold the use of that part now under improvements during her life all the re.st and residue of my esia.te, both real and i)ersonal, goods and chattels I give and bequeath to my beloved wife, Ruth Pierce, whom I nominate, constitute and appoint sole executrix of this my last will and testament, hereby

In witness whereof I have hereunto set my hand and seal this twenty-sixth day of October in the year of our Lord one thousand eight hundred and forty-three.

Signed, sealed, published and delivered by the said testator, Josiah Pierce, as and for his last will and testament in the presence of us, who have subscribed our names as witnesses thereto in the presence of the said testator:

John Augustine Bingham was born at Morristown, Vt., Feb., 27, 1819, the son of John and Lydia (Thompson) Bingham. His parents were descended from early Puritan stock, and farmers by occupation, industrious, energetic, practical, and sternly religious, as only New England Puritans have been or can be. His father was a man of unusual size, strength and endurance, and enjoyed the reputation of being able to do more work than any other man in his part of the country.. His grandfather, also named John, was likewise a large, powerful man, even larger than his son, and was not less noted for the virtues. The mother of our subject, a most exemplary woman, is remembered for her remarkably happy and hopeful disposition. To her the worst disaster appeared "better than it might have been." Under the most adverse circumstances health, peace and prosperity, the three blessings she was wont formally to invoke on her friends, were always near at iiand. Though descended from a shorterlived, less vigorous and less practical family, than her husband, she held with him the New England idea of work. The subject of this sketch taught school the winter he was fifteen years of age, having among his pupils young men five years his senior, but, so far as he could judge, not one of them ever suspected their teacher of being their junior. Before he taught his first school he urged his father to send him to the Montpelier Academy, but the father, confidently believing that the boy had learning enough, that more would only make him lazy, refused. But finally, weary of his importunities, lie replied to the oft repeated request: "If you get the potatoes dug and housed before school begins you may go." To the father's surprise, the potatoes were safely stored in the cellar before tlie day appointed, having been dug and carried to the house at the rate of fifty bushels per day. The father, who had supposed the fulfillment of the conditions impossible, reluctantly - granted his son's request. But the first appeal of the boy for money to defi'ay his expenses overcame the conscientious scruples in deference to which he had permitted him to go, and his reply was: "Come home." In this instance John disobeyed, not returning to the parental roof till the end of the first quarter, but paying his own expenses by sawing firewood for the institution. Subsequently, when he earned money by teaching, he attended for a shori, time an academy at Johnson, Vt. He assisted his father during the farming season, until he attained his majority. During the intervals of farm labor he studied surveying and read law in the otfice of an attorney at Stowe, Vt. From the age of fifteen he earned by teaching, surveying, selling books on subscription, or by some manual labor, tlie means to purchase his own clothing and books. To procure the books he needed he was often obliged to sell those lie already possessed. This necessity he regarded as a great misfortune, and so impressed him that in after years he insisted that liis own children sliould retain every book studied by them, from the primer to the science of government, nor would he consent, under any circumstances, to a deviation from this rule. In the summer of 1841 Mr. Bingham removed to Milwaukee, Wis. He afterwards traveled on foot over southeastern Wisconsin and northeastern Illinois; taught school one term at Rochester, Racine Co., Wis., and in February, 1842, settled in Monroe, Green county, where he opened a law ofiice and resided during the remainder of his days.

On the 25tli day of November, 1843, he married Caroline E. Churchill, a woman of fine intellect and strong character, in whom he found a faithful and loving wife. She was born at Ridge Prairie, 111., June 26, 1824, and still lives at Monroe.

During the years 1846 and 1847, Mr. Bingham was district attorney of Green county, and afterward held for eight years the office of probate judge of the county, the duties of which he discharged with rigid and characteristic exactness, and won for himself the respect and unlimited confidence of all who knew him. In 1854 he opened a broker's office, which subsequently grew into the Bank of Monroe, tlie first bank organized in the county. A few years later he was conspicuously active in connection with the building of the Monroe branch of the Milwaukee & St. Paul Railroad.

Judge Bingham was one of the most gifted men of the State. His intellect was of that broad and comprehensive character which grasped the true relation of circumstances in every aspect in which they miglit be presented to him. As a lawyer he was full of resources, and his opponents at the bar never felt sure that he was beaten until a judgment in their favor had been actually executed. As a business man and administrator of affairs his accuracy of judgment was remarkable, and this united with a profound knowledge of human nature, was a great secret of his success. His mind was clear and vigorous, as well as broad and capacious. On questions of State and national policy he never failed to perceive and defend with signal ability the foundation principles which should govern the public mind. He looked upon shams of every kind with contempt, and was rarely if ever, deceived by them. In politics he was formerly a whig, and always anti-slavery in principles. He was an earnest supporter of Fremont in 1856, and of Lincoln in 1860, and was a member of the national convention that re-nominated the latter in 1864 To his influence is largely due the revolution in the politics of his county, which, formerly largely democratic, is now overwhelmingly republican. He was an ardent supporter of the government during the Civil War, and it was a source of great sorrow to him that failing health prevented his entering more actively into the service of his country.

Judge Bingham took active interest in all matters of public improvement, contributing freely both time and money to the success of enterprises which met his approval. Above everything else he was the friend of education, and no other man ever did so much for the schools of Monroe. For months at a time he visited them daily, watching the progress of favorite classes, counseling teachers, and studying methods of instruction. He possessed a natural love of teaching,and was peculiarly happy in his mode of imparting information. This disposition, sharpened and intensified by the difficulties he had encountered in procuring an education, led him to take great pleasure in assisting all young men, and especially poor and ambitious youths who were struggling to gain an education. Having helped himself he understood the value of self-help, and never squandered money in any enterprise because it was labeled "benevolence." Every effort calculated to better qualify men to help themselves, or to render them temj)orary relief from pressing difficulties, commanded his cordial support; and during the last years of his life a large constituency, whom he counseled gratuitously, regularly sought liis advice in regard to the conduct of all their more important affairs.

He had six children, three sons and three daughters, five of whom survive. The eldest son, Horace, died in infancy; Homer, the second son, was educated at Cornell University, New York, and is at present (IS'je) attending the law department of the Wisconsin University, with a view to the profession of his father, and is a a youth of fine presence and large promise ; Herbert still in his teens, is attending the Monroe High School; the daughters, Helen M., Alice and Ada, all graduates of the Lombard University, Galesburg,Ill. Alice is the widow of the late Prof. Herbert E. Copeland, for some years professor of natural science in the Whitewater, Wis., Normal School, and latterly in a similar institution in Indianapolis, Ind. He died on the 12th of December, 1876. Helen is a well known contributor to the current literature of the day, and has been for sojue time past engaged in writing a history of Green county, a task for the successful accomplishment of which her tastes and talents eminently fit her. Ada is a medical student at the Boston University, and gives promise of a bright and successful career.

Brooks Dunvnddie was born in Green Co., Ohio, Jan. 22, 1818. His parents were John and Ruth (Betts) Dunwiddie. About the time of the Revolution, two brotliers came from soulhcrn Ireland to America, and enlisted in a Maryland regiment. One of them was killed at the battle of Brandywine. The surviving brother, John Dunwiddie, settled upon the eastern shore of Maryland. He married and raised a family of children, of which John, one of his sons, was the father of the subject of this sketch, he marrying Ruth Betts, in the State of Delaware, a step-daughter of a Mr

Brooks Dunwiddie remained with his mother until her death, which occurred from cholera in 1834, He M'as afterwards sent to school by an older brother, and graduated with honors at Harveysburg Seminary, Clinton Co., Ohio. At the age of nineteen he entered the law office of Thomas Corwin, in Lebanon, Ohio. He studied law in Corwin's office eighteen months. Before applying for admission to the bar, two cousins who had recently emigrated from Uniontown, Penn., to Green Co., Wis., passed through the place where Mr. Dunwiddie was at that time boarding, on his way from Clinton Co., Ohio, with a drove of sheep to Wisconsin. The cousins gave such glowing accounts of their new home in Wisconsin and of sheep herding, and of wild prairies, that Mr. Dunwiddie decided for the time being to abandon his law studies, and go with his cousins to Wisconsin. He arrived in Green county in August, 1842. He remained in Wisconsin during the following winter, and in the spring returned to Warren Co., Ohio, and, in company Avith his brother Hiram, purchased a lot of sheep, and the two brothers returned to Wisconsin in August, 184.3' In three years after that Brooks Dunwiddie herded his sheep and sold his clip in Milwaukee.

In 1846, about the 1st of July, the weather set in unusually hot and continued so until in September. A large proportion of the population was attacked with chilis and fever - and among the victims was the subject of this sketch. The result was that he could not watch his sheep, and frequently for long periods no one could be hired to attend his flock. Wolves were plenty, and ever on the watch to . kill sheep. The result was that his herd, during summer and fall of 1846, was nearly destroyed. The malady of chills and fever afflicted him for about eighteen months. The result was his herd was reduced so low that in 1847 he sold his sheep to a Hungarian at Sauk Prairie, and took in pay Territorial scrip; and, before that was converted into money, it was shaved, which was as much damage as the loss of sheep by the wolves.

This was the end of Mr. Dunwiddie's sheepherding. His capital was now exhausted, first by wolves, second by loss on Territorial scrip; and eighteen months' sickness left him broken down in health.

The only thing he could do was to turn his attention again to the law. Having a complete set of elementary law books, he commenced a review of the law, and applied at tlie June term of the circuit court in 1848, and was admitted to the bar. He thereupon opened an office at Monroe, Wis. Mr. Dunwiddie was a whig in politics. In the fall of 1848, there were three political parties in the field. He was elected by a plurality to the office of district attorney, serving two years. After that, the democrats regained power arid elected a full county ticket in 18.50.

The people of Wisconsin had by this time made considerable progress in building the Milwaukee & Mississippi Railroad, terminating at Prairie dn Chien, and, in 1854, the road was completed to Madison, with a branch to Janesville. The people of southern Wisconsin embarked in the enterprise of building a road from Janesville to Dubuque. The agents of the company held out flattering inducements to the farmers along the line of road to subscribe liberally for the stock of the company, and pay in bonds maturing in ten years with interest coupons attached, secured by mortgages on real estate. The farmers on the line of the road between Janesville and Dubuque subscribed to the stock about $.500,000, and gave farm mortgages as security. Subsequently these mortgages gave the farmers much trouble.

In the fall of 1855, the farmers brought Mr. Dunwiddie's name before the stockholders' meeting, and he was made a member of the board of directors, to look after their interests. The half million of securities finally became pledged as securities for the loan of |500,000, apart of the floating debt of the company. In July, 1857, the company became insolvent, and the road was turned over to a trustee. This made the stock of the company worthless, and left the farmers wholly unpaid which inmost cases was nearly equal to the value of the land. Absolute ruin now stared the farmers in the face, but Mr. Dunwiddie set his wits to work to extricate the farmers from this enormous debt. lie found that the first mortgage was not originally given on the rolling stock and personal property of the company, though, after the sale of the road and of the farm mortgage bonds, the legislature passed a law giving the first mortgage bond holders a lien on the rollingstock and personal property. Mr. Dunwiddie contended that this was in fraud of all the creditors of the company. The farm mortgage bonds only being turned out as collateral to the debts of the company, the holders of the securities were, of course, creditors of the company.

Mr. Dunwiddie opened negotiations with the holders of the farm mortgage securities, requesting them to sue the company and attach their rolling stock and personal property, which was amply sufficient to pay the floating debts of half a million secured by farmers' bonds as collateral. This proposition was assented to by the holders of the floating debt and attachment suits were about to be commenced when the trustee managing the road "called a halt," and an arrangement was made with him to issue a new class of stock and sell the same in the New York market, the proceeds to be applied in redemption of the farm mortgages. This was done by the trustee, and the farm mortgages were redeemed. Had not Mr. Dunwiddie discovered that the rolling stock could not be held by the first mortgage on the road, the farmers would have been left to pay their mortgages. The farmers, from Milton Junction to Dubuque, were thus relieved by this proceed-

In July, 18o4, Mr. Dunwiddie, with many citizens from Green county, attended the mass meeting at Madison to organize the re])ublican party. He was a member of the committee on resolutions, and in conjunction witli C. F. Thompson, was instrumental in procuring John Walworth to be elected permanent chairman of the convention. He has identified himself with the republican party to the present time.

Mr. Dunwiddie was elected county judge in the spring of 1857, as an independent candidate and has been re-elected at each succeeding election, in the same manner.

Judge Dunwiddie has continued to practice in the circuit court, though the practice has not been lucrative to him. In his official capacity, he has acquitted himself with honor, and to the satisfaction of the people of (xreen county, as evidenced by their continuing him in office for so many years. He was married to Sarah Yarger, July 10, 1855. Mr. and Mrs. Dunwiddie have four children - William, Mary, John and Edna.

Other Courts

The courts in Wisconsin having jurisdiction in Green county besides the circuit and county courts, are: Justices ot" the peace, the Supreme Court, and the district court of the United States for the western district.