Langlade County, Wisconsin - Chapter 14, 1922

Chapter 14

Langlade County, when organized in 1880, was placed in the 10th Wisconsin Judicial Circuit. The first Circuit Court records are very meagre. George H. Meyers of Appleton, Outagamie County, was the first Circuit Judge of Langlade County. Circuit Court cases of importance were not heard in Antigo until the March term of 1883. i

The first Circuit Court session was held in the old frame court house. Formal announcement of its opening was made by Sheriff Charles Herman. Dr. D. S.

Graham vs. Emma Graham. The decree was granted upon grounds of desertion. The third action was Ernest Roseberg vs. Daniel Pillsbury. A charge of venue was granted and the case was taken to Marathon County.

The First Jury Trial

The law suits mentioned previously in this chapter were trivial actions, only important because they were the first of their kind to occur in Langlade County.

The First L.-Wglade County Court House

Olmsted, first Circuit Court Clerk, produced his commission and began the task of keeping and preparing records of proceedings and determinations of the court.

The first official Langlade County Circuit Court seal is still in use. It represents justice. A sword and dagger are crossed in the background. The outline of an open book appears in the fore.

First Case

The first Circuit Court case was a action, Gabe Bouck vs. S. A. Coleman and disposed of March 27, 1883. In its wake came the first divorce action in Langlade County - Daniel

1. September 5, 1882. Circuit Judge Meyers came to Antigo and a day's court session was held. Gabe Bouck and Attorney Gerry of Oshkosh, Attorney CoU'ns of Menasha, William Kennedy of Appleton and William Kimball, Circuit Court reporter, were in attendance. The cases were against men who sold liquor without town licenses.

The fourth case ever tried was not an insignificant controversy. This was the first action in the county demanding a jury. The contending parties were prominent in the early history of the county.

Henry Mitchell of Milltown,- Norwood township, was suing J. W. Morse, later County Judge, for slander. At a town meeting in Norwood Mr. Morse was charged with having said : "Henry Mitchell was a robber and swindler, who took $300 from Hutchinson township." Mr. Mitchell asked $5,000 damages.

The action was filed in Shawano County as Norwood was then a part of Shawano County. On June 30, 1881, by court order the place of trial was moved from Shawano to Antigo. Judge George H. Meyers sat in the case. Mr. Mitchell, the plaintiff, was a millwright

2. Milltown was a settlement in Norwood. It was at this place that Henry Mitchell operated a mdl for years before moving into Antigo. Consult Norwood township history.

The First Larceny Case The First Murder Trial

The first murder case brought to the attention of the Langlade County Circuit Court was during the March term of 1886. Mrs. Mary Chadek of Reeve (Deerbrook) was charged with killing her husband, Thomas Chadek. Monday, November 30, 1885, Dr. J. H. Dawley, Antigo physician, was called to attend Mrs. Chadek, who was badly wounded. Her husband was dead from revolver shots. Mrs. Chadek maintained that her husband shot her and killed himself. She was held for murder, however. George W. Latta, her Attorney, secured a change of venue. The case was heard in Milwaukee Circuit Court. District Attorney J. H. Trever was assisted in the prosecution by Attorney Wm. Kennedy, of Appleton. Mrs. Chadek was acquitted.

Lowell A. Winn Murder Trial

While the Chadek murder trial was the first to secure the attention of Langlade County courts, it was not until the fall of 1889, when the first murder case demanding a jury was held in Langlade County. Lowell A. Winn was charged with murdering Thomas Coats - the culmination of a liquor debauche in a saloon located where Muttart-McGillan Company is now in business, (L. Krom Building.) Albert De Foy, bartender, refused Winn several times when the latter demanded whiskey, during the afternoon of October 23, 1889. Winn, enraged, returned in the evening, engaged De Foy in a quarrel, which resulted in the shooting of Thomas Coats. Mortally wounded. Coats incriminated Winn in a dying statement to District Attorney George L. Schintz. Winn, charged with first degree murder, was acquitted. He was tried again on a charge of assault with intent to kill, and was declared guilty. He was senter.ced to serve seven years at Waupun, but he was released before his full time was up.

An Early Criminal Case

September 28, 1888, Peter Becker made a complaint before Justice J. W. Wines, charging James Collins with wilfully and feloniously assaulting him with a double bitted axe. Becker suffered a disabled right arm. The case was somewhat similar to the Lowell A. Winn case. Becker refused to give Collins a drink of whisky. Collins, an indigent person, demanded a jury trial. He was represented by Attorney J. E. Martin, appointed by Judge Geo. H. Meyers. District Attorney George L. Schintz represented the state. On March 19, 1889, Collins was arraigned and was found guilty of intent to maim. He received this sentence: "Confinement in the common jail from 12 o'clock noon this day for one calendar month." By the court - March 28, 1889.

Court At Shedd'S Store

The early lawyers of Langlade County had much to contend with. They were usually not over supplied with financial strength, but possessed much energy. They would often walk miles in response to the call of a client. Rough roads, trails, crossing swamps and wading streams were the usual difficulties they confronted.

The fees of the pioneer lawyers would probably provoke a smile from the modern Attorney-at-Law. A complete administrator's report could be made for the princely sum of three dollars. Cases of great importance were conducted for but a few dollars. The early lawyers possessed a self-reliant spirit and a keen ingenuity that made them formidable and dramatic as trial lawyers. Cases in pioneer times did not extend over many months. Victories were won swiftly or defeat came suddenly. The battles between the opponents would bring out all the old pioneers who took delight in hearing the sarcasim and humor of the lawyers.

In the early days local disputes were usually settled in the township "court." Henry Mitchell and Ross Young of Norwood township had an argument in which Mitchell charged Young with making certain remarks about his honesty and character as a citizen. The dispute was apparently ended when Young apologized. Mitchell would not be satisfied as he was confident his humiliation had not been overcome by the personal retraction. A law suit resulted. J. W. Morse, pioneer Justice of the Peace and Judge presided at the "court" held in the Charles Shedd store in Norwood township. George Bemis was chosen to act as counsel for Mr. Young. "Doc" Olmsted, picturesque Justice and pioneer, was the Attorney for Mitchell. The case was dismissed by Judge Morse who gave the participants a lecture on the duties of good citizens. Mr. Young apologized to Mr. Mitchell by saying, "I am sorry, but every bit of it was the gospel truth." It was an apology with a string attachment.

The Noted Still-Polar Murder

All of the citizens of Langlade County were startled when news reached them that Henry Still, an esteemed resident of the Township of Gagen had been murdered by Barney Polar. Many conflicting stories have been told about the murder. According to a statement attributed to Louis Motzfeldt of Gagen township, the unfortunate Mr. Still met his death after he had refused to give Polar whisky from a jug of the drink that Polar was said to have brought from Shawano the same day for Mr. Still. Mr. Still refused to give Mr. Polar any whisky and at ten o'clock Tuesday evening, June 12, 1883, Motzfeldt, who lived in the rooms adjoining those of Mr. Still (the building was owned by Mr. Motzfeldt) was awakened by what he thought was the report of a gun. He rushed into the rooms of the Still family and found Mrs. Still - a squaw - crying and moaning that Barney Polar had killed her husband. The murderer, however, never was apprehended. He lurked about Motzleldt's place in the woods the following day, a menace to all citizens about, but made his escape.

As soon as the news spread to Antigo that Polar had fled a posse consisting of Attorney Bliss, Walter Dawley, Geo. W. Hill, and many others went to Rice Lake, "armed to the teeth" to apprehend the criminal, but by the time they had reached the vicinity of the crime. Polar was no doubt well on his way to a place of safety- July 6, 1883, Supervisor Duchac presented the following memorial to the Governor, which was adopted on motion :

"We, the County Board of Langlade County, do hereby most respectfully petition his honor the Governor of the State of Wisconsin that he offer a reward (according to law in such cases provided) for the arrest of Charles Polar, who murdered Henry Still on the 12th day of June, 1883, in the Town of Gagen, Langlade County, and who is at large and supposed to be in the woods of Shawano County. The county has already spent considerable money to effect the arrest of said Polar. He has, before and since the murder of H. Still threatened to take the lives of other persons in that section of the state; that he is a desperate character and should be captured as soon as possible and the intervention of your authority is most earnestly requested.

County Board of Supervisors of Langlade County." The petition was recognized by Gov. Jeremiah M. Rusk, but nevertheless Still's murder went unavenged as Barney Polar was never found.*^

County Court

The first term of County Court was held in the hall over Niels Anderson's store. J. W. Morse, builder of the log jail of 1881, was the first County Judge. The first case was an application for letters of guardianship by B. F. Hall. The guardianship was to J. H.

Hall, Sara J. Hall, Charles E. Hall, Benjamin Hall and Solon Hall, Jr. The letters were issued July 16, 1881. Bondsmen for the guardian were Julius Her-

Hon. J. W. Morse

The second case, February 2, 1882, was an adoption. Jesse Maud Jacobs, "whose father was dead and mother supposed to be" was adopted by Martin Weatherwax. No testimony was taken. The third case occurred June 11, 1882. In November, 1882, the fourth case was heard. The fifth case was a petition and order, without report of physicians, placing a man in the Outagamie Insane Asylum. On March 27, 1883, the first letters of administration were issued in Langlade County. It was three years after the court was organized that the first estate was probated.

Judge J. W. Parsons served longer than the combined terms of his predecessors. During the twenty-two years of his regime, 2,311 cases have been disposed of. Three hundred sixty cases were heard by

3. Barney Polar hid in the forests and was protected by Indians, who befriended him. When years passed he came from his seclusion frequently. He died at an advanced age in the spring of 1914 and is buried in the Pol.Tr cemetery in Ainsworth township, nrar Pearson. The house where Henry Stil! was murdered still stands, a monument to forgotten days. It is located on the east side of the Military Road. Section 26, Township 36, Range 12 East. Forest County.

Hon. V. J. Fixucane Municipal Court Act Of 1891

The Municipal Court was created by Chapter 96, Laws of 1891. It is composed of two branches - Upper and Lower Municipal Court. The Upper branch has jurisdiction equal and concurrent with Circuit Court in all cases except homicide and crime and in all civil actions in which the sum sought does not exceed $100,000 exclusive of interest and costs. This court has jurisdiction over all actions brought for the breach of any recognizance returned or given in it.

Circuit Court Jury Commissioners act for Municipal Court also. Chapter 320 of the Laws of 1921 changed the term of Municipal Judge from four to six years, taking effect after the April, 1923, election. Hon. F. J. Finucane was the first Municipal Judge. The present Municipal Judge, Hon. Arthur Goodrick was appointed by Governor E. L. Fhilipp after the death of Hon. T. W. Hogan. Judge Goodrick was the unanimous choice of the Langlade County Bar Association. He has since been elected to the bench.

Municipal Court is held in the court room, third floor, of the court house. The private office of Municipal Judge is west of the Court Room. Municipal Court was first held in the Jaekel Building (M. Krom store building) when the court was established.

The First Grand Jury

The first Grand Jury of Langlade County was selected November 30, 1920, following a conference between Judge Arthur Goodrick, District Attorney A. N. Whiting and City Superintendent of Schools R. A. Brandt. The selection of a grand jury was considered the best means of clearing the local atmosphere of prohibition law violations. It had a moral benefit. Jurors were selected from the following petit list: Anton Schultz, W. B. McArthur, John G. Prokupek, Joseph Jirtle, N. R. Babcock, Al. Duchac, L. H. Hilton, August Vogel, W. J. Gallon, W. J. Herbst, F. D. Leavens, L. D. Hartford, L. C. Sorenson, William Shank, F. W. Ophoven, L. E. Farnham and A. N. Anderson. The jury convened December 6, 1920, and received instructions from Judge Goodrick. Thirteen indictments were returned against liquor dealers and "bootleggers." The grand jury adjourned December 27, 1920.

Roll Of Attorneys

The following is a complete roll of attorneys who have practised or are now practising in Langlade County: George W. Latta, L. W. Bliss, Thomas W. Lynch, M. M. Ross, J. E. Martin, J. H. Trever, George H. Peters, S. A. Cronk, W. F. White, J. B. Loomis, T. F. McCarthy, George H. Ramsey, C. Werden Deane, John A. Ogden, F. J. Finucane, S. S. Hamilton, - Grossman, A. C. Conway, Max F. Hoffman, H. F. Morson, 0. Weinandy, A. J. Lobb, Henry Hay, Walter J. Hammond, Thomas W. Hogan, E. A. Morse, 0. H. Foster, G. C. Dickenson, E. J. Goodrick, Arthur Goodrick, O. G. Erickson, S. J. McMahon, R. C. Smelker, E. S. Tradewell, J. T. Sims, C. J. Te Selle, G. J. Bowler, A. N. Whiting, Charles Avery, Ray C. Dempsey, George Y. King, T. J. Reinert, Earl Plantz, W. C. Brawley, Vernon J. McHale and Irvin White.

The Langlade County Bar Association was organized in 1895. The Association has all of the attorneys in the county as its membership. Annual meetings are held.

First Citizenship Record

The first Langlade County residents to be made United States citizens were: Albert Boeltcher, William Hafferbecker, August Darnlow, Herman Schmeisser, Wm. Flemming and J. B. Lorent in March, 1883. The hearings were conducted before Circuit Judge George H. Meyers and a U. S. Examiner.