Monroe County, Wisconsin - Chapter 49: The County Court, 1912

Everything in niunieipal affairs has its beginning and the establishment of the county government by law brought with it the inauguration of the county or probate court; naturally, the duties of the judge were very light for a number of years, how light is best indicated by the fact that A. H. Blake, the first county judge, received no pay for his services until 1857, and at a special meeting of the county board held in March of that year, the judge presented a bill for his services from May, 1854, to March, 1857, being for holding court thirty-one days at $2.00 per day, a total of $62.00, which was allowed. In 1858 the per diem was increased by an act of the legislature from $2.00 per day to $5.00, and this, with some fees provided for, made the office pay a little better.

In 1862, the records and files of the office having accumulated to such an extent as to require some method of filing, G. E. Pratt, who was then county judge, asked the county board for an appropriation to procure a filing case. The board, at its November session of that year, passed a resolution, in response to this request, appropriating the sum of $3.75 for that purpose, authorizing the judge to have a filing case made to cost not more than that sum. To us today that looks ridiculous, but was undoubtedly ample for the time and the amount of business to be done. The jurisdiction of the court in this county has never been enlarged to include the trial of minor civil and criminal cases, as is the fact in some counties, such enlarged jurisdiction being conferred by a special act of the legislature.

Principally a court of probate for the administration of estates of deceased persons, the law prescribes additional powers, including the sentencing of offenders who plead guilty in certain cases; the hearing of i)reliminary examinations to bind over offenders in cases beyond the jurisdiction of a justice of the peace, to the circuit court for trial ; the examination of insane persons and paupers, committing them to the proper institutions, together with all the powers of a court commissioner as to performing marriages, taking depositions and the like.

AVith the lapse of years, and espoc-ially in the last fifteen years, the work has grown to sueh an extent as to occupy nearly the whole time of the judge; the salary is now $1,000 per year with an allowance for clerk hire; terms are held twice a month, one of them being held at Tomah, under an act of the legislature passed in I'Jll i)eniiitting tliat to be done; it is often necessary for the court to hold special terms, which at times average more than one a month besides the regular terms. In the fiftyseven years of its existence, the court has had ten judges: A. H. Blake, George E. Pratt, L. B. Xoyes, W. W. Jackson, George Graham. T. D. Steele, C. :\r. .Alasters, AV. :M. Graham, S. AV. Button and Robert B. McCoy. It is unfortunate that there is nt) data nor any persons now at hand from which can be procured the account of the lives of some of these judges, notably A. II. Blake, G. E. Pratt and L. B. Noyes. Here are given sketches of the lives of those judges which we have been able to obtain.

William Wallace Jackson was born in Ontario county, state of New York, in 181."^: he moved to Adrian, Alich.. when about seventeen years of age, where he resided until the breaking out of the Black Hawk War; he enlisted as a soldier in that war, but before the troops to which he was attached reached the scene of conflict the war over and he was discharged and returned home. He came to AVisconsin in 1853, locating first at Hartford, in AVashington county; a year later, in April, 1854, he came to Monroe county and settled in what is now the town of Adrian.

At this time the Chicago, Alilwaukee & St. Paul Railway Avas pushing its line westward, not luiving yet ri-aclicd Tomah. Air. Jackson believed that the line would come through the town of Adrian in order to avoid tunneling the ridge at what is now Tunnel City; in fact, the engineers of the company contemplated this route for some time, as there is a natural pass through the dividing ridge which would obviate the necessity for a tunnel. Acting upon this belief, which was well founded at the time. Mr. Jackson chose a good location and platted the village of Jacksonville in the town of Adrian, the plat of v/hich is still in existence; the proposed village was twelve miles from Sparta, and about four miles west of Tomah; the railroad did not come that Avay. however, and the village of Jacksonville became a memory. Kai-ly in 1855 Air. Jackson built a saw mill in the town of Adrian and also one in the town of Tomah, the latter being located east of the village of Tomah, about two miles, at a place which was named "Limerick," which consisted of the mill and a few shacks for the employees. This place, Avith the removal of the saw mill also passed into oblivion wnth the decay and destruction of its buildings.

Judge Jackson was admitted to the bar in 1858, but did not folloAV tlie law as a profession, devoting himself almost wholly to agriculture and engaging occasionally in politics. He was very prominent in county affairs, and in 1858 was appointed county judge by Governor Randall, and was re-elected for the full term. He served as chairman of the town board of Adrian for fourteen years and occupied an influential position in the board of supervisors in his time ; he served in the legislatures of 1862-63 and 1874-75.

Approaching the age limit, when rest was desirable, Judge Jackson, a few years before he died, built a home in the city of Tomah and moved from his farm with his family, where he lived until the time of his death. Judge Jackson was truly one of the pioneers who helped to hew civilization out of the wilderness in AVisconsin, a broad minded, big hearted man, a leader in his community, typical of that splendid manhood to which this county and state owes so much.

Charles M. Masters. The senior member of the firm of Masters, Graves & Masters, has had a distinguished career, and made an enviable reputation in his chosen calling. He has practiced law in this county something like thirty-nine years, giving good service to his clients and gaining the respect of the community in which he lives.

Judge Masters was born in Springfield, Mass., October 1, 1841, w^as educated at the high school, and at Amherst and AVilbraham academies. He taught school in Connecticut for two years and then removed to La Crosse, Wis., where he engaged in the insurance business for about two years. In 1865 he located at Sparta and engaged in the book and stationery business, and while engaged in that business he read law with L. AY. Graves; he was admitted to the bar in 1871 and in 1872 formed a partnership with Joseph M. IMorrow. In 1878 he was elected county judge of this county, and was re-elected in 1882, serving in that office for eight years.

Judge Masters is a thirty-second degree Mason, a member of Wisconsin Consistory, is a past master of Valley Lodge, No. 60, Free and Accepted Masons, and was a member of the local lodge of the Ancient Order of Ignited AYorkmen, in which order he became grand master of the grand lodge of the state of Wis- cousin, ami Avas also ok'ctcd supreme grand master of the supreme lodge of that order of the I'nited States and Canada. After the death of -Tudgi^ IMorrow, Judge ^Masters formed a partnership Avith R. H. Graves, and later on took into the firm his son. II. J. ]\Iasters.

^Masters Avas mai-i-ied on Deeeniher 7, 1865, to ]\Iiss Klla Seely, of Bangor, AVis.. who died :\Iay 12, 1882. Two children were born to them, Louise B.. -who died in 1878, and Harry J., now junior partner in the tinii. fii January, 1911, he married Mrs. Alice Pharis, of Syracuse, N. Y.. and during the fall of the year purchased what is known as the Dr. Gage residence, on Water street, in the city of Sparta, where he no\v resides.

Seth W. Button, was born in ^Michigan in 1836. He came with his i^arents to Green county, AVisconsin, in 1842, and has resided in the state ever since, except two years. ]\Ir. Button's father died in 1844, leaving him an orphan at a tender age. He made his hoine mostly with a brother on a farm, doing farm work for several years, attending a district school occasionally, school advantages being very meager in those days and in that new country, and he made little progress in his studies. AVhen sixteen years of age he went on foot to a place just east of "Whitewater, Wis., where the first railroad in the state was being Iniilt from ]\Iihvaukee to Prairie Du Chien, and got work excavating for the road bed until late in the fall; returned to Decatur, Wis., and as soon as he could do so began attending district school for the balance of the w'inter and working at any odd job about town to earn a livelihood ; studied evenings and at spare times, but owing to the fact that he had to earn his own living, he found himself l)ehind most students in his studies.

During the summer of 18r)4 he worked at the carpenter's trade at Stillwater, ]\Iinn.; the next spring, being then nineteen years of age, he bought a breaking team of five yoke of oxen, mostly on credit, hired a boy younger tlian himself, and started from Green county across the country, past IMadison, Devil's Lake and so on along the ridge road just south of Sparta down into the valley and on to La Crosse, ferried his outfit across the river on a one-horse ferry, slept in the swamp on the west side of the river that night ; in the morning he got his team together and steered his course to the country about twelve miles southwest of Red AVing, ^Nliiui., and in that vieinity he followed the l)usiness of breaking prairie during the summer, sleeping on the ground and cooking his own meals, and rustling his cattle in the high wet grass, going to work mornings wet to the shonlders with the heavy dews; in the late fall he sold his outfit, returning to Green county, paid his debts, and with a party of other young people started a select school and hired a teacher for the winter, studied hard, and finally in the district schools and Beloit college he fitted himself for teaching, this work and carpentering work he followed, in tin- meantime keeping up his studies and also the study of law ; he finally passed a successful examination and was admitted to the bar in 1860 and opened a law office at Prescott, Wis. ; the Civil War breaking out in 1861, he closed his office in the late summer of that year, enlisted in Company F. First Wisconsin Volunteer Infantry, Colonel Starkweather's regiment; Avent to the front and soon was in the thick of the fight. For gallant conduct he was rapidly promoted to the grade of sergeant, first sergeant, orderly sergeant, sergeant major of the regiment and second lieutenant of his company, and finally first lieutenant by brevet ; had command of his company while still a non-connnissioned officer in the battle of Perrysville, Ky., and Stone River, Tenn. ; was slightly wounded at Perryville by a spent ball. In the battle of Chickamauga, Tenn., he was severely wounded, and this ended his service at the front. As soon as he was able he w^as put on duty as a military conductor on the railroad from Nashville to Louisville and from Nashville to Johnsonville, Tenn. Judge Button's regiment, the First AVisconsin Infantry, was always with Gen. G. H. Thomas' corps, and as has been stated, was with him at the battle of Chickamauga, where this gallant old fighter was named the "Rock of Chickamauga." Lieutenant Button was in many fights during his military service and has had many experiences, not only in military, but in civil life.

Just before the battle of Chickamauga, while the forces to which he belonged were vigorously pushing the rebels under General Bragg back to the Tennessee river, the rebels burned the bridge across Elk river, in front of the T^nion forces. This river must be crossed ; it was badly swollen by rains, and was, in fact, a raging torrent ; a force under General Reausau was sent some distance up the river to effect a crossing. Lieutenant Button's company was selected to effect a crossing, which must be done under a galling fire. Lieutenant Button was the first man to reach the opposite bank. As fast as they crossed the members of his company were formed in line and began pushing the rebels back, when he received word that some of his men were in trouble and probably drowning, he put the company under cliargo of a sergeant, liasteiied baek to the riV(M- and alone and unaided he carried out eight drowning men, exliihiting a strength and energy whieh caused his soldiers to dub him the "Long Pinery Man." It seems that ]\Ir. Button was fated to be mixed up with floods, for after liis war service was ended he returned to Galesville. AVis.. in the spring of 1866. In that yeai- a terrific flood swept away ;ill 1lie property and buildinjis in llu^ lower table land of the village and Judge Button and a .Mi-. AVyman carried out of the railing torrent fifteen persons and saved tlieir lives.

After the close of his military service in the army he took employment in Capt. James' quartermaster department at Johnsonville, Tenn., as chief clerk, and Avas i)rcsent with liis Avife and a young child when the rebel General Forrest attacked and destroyed the i)lace, with all its Government stores, buildings and gunboats, the lieutenant and his family having a narrow escape. After the war was over he took up the study of law, attending the law school at Cincinnati. After receiving his diploma he opened a law office at Galesville, Wis., and in the fall of 18H7 he formed a i)artnership with the late A. AV. Newman, which continued five years. Judge Newman was eletced circuit .judge and afterwards became a justice of the supreme court. During ]\Ir. Button's residence in Trempealeau county he served seven years as county .judge, thi-ee years as district attorney, one term in the assembly, and held several other minor oflfiees. After dissolving with Judge Newman, his ju-actice grew to such an extent that from overwork a nervous breakdown ensued, and under the advice of his physician, he turned his law business over to his brother, an attorney, and went to the "Pan-Handle," Texas, to recuperate his health; procured a catth^ ranch in the northwestern part of Texas and went to the southeastern part of the state and bought a drove of cattle, hired cowboys, bought loonies, took charge i)ei'sonally of the outfit, and was on the trail over forty days to his rancli, near Fort ]\Iobeita. Tex.; sold out the l)usiness that fall and met his family in To]>eka. Kan. In the spring following he again went to Texas and went south and purchased another divu'e of cattle. (Ir()V(> theni north to the i)lace selected, and tinally. ai'tei- al)()ut loui- years spent in the business, he ch)s<Ml out and came back to Tomah, Alonroe county. Finding liiniself left far in the rear of other lawyers in law and pi'aetice, he applied himself \igorously to study, to familiarize" himself with the statutes and court decisions. After a time he opened an office at Tomah. was elected county .judge.

liolding that otfice eight years, and inovcci his family to Hparta, Avhere he still remains. At Sparta he formed a partnership with the late D. F. Jones, which continued about five years. He continued in active practice until a few years ago, w^hen, he, as the late J. G. Saxe said in one of his public addresses, and as Judge Button puts it, ''I had the honor to at one time belong to the legal profession, and I had the honor to leave it, too."

Judge Button was a successful practitioner, and has had a long and honorable career in his chosen profession. His favorite sport and one which he still indulges in and which he has kept up for more than a quarter of a century, is an annual trip to the northern woods every fall to hunt deer.

Robert B. McCoy. Robert B. McCoy was born in Kenosha, Wis., in 1867, the following year his parents came to this county and located on a farm in the town of LaFayette, where they resided until 1876, when they came to Sparta.

Judge McCoy graduated from the Sparta high school in 1887, then entered the state university, taking a four years' course, graduating from the law department with the class of 1891. After his graduation he served as assistant secretary of the board of world's fair managers of Wisconsin for two years. This board had charge of AVisconsin exhibits at the World's Columbian Exposition at Chicago. He edited the Monroe County Democrat for one year for his father, B. E. McCoy, and in 1894 opened an otBce and began the practice of law at Sparta. He was elected county judge in April, 1897, entered upon the duties of his office in January, 1898. He was re-elected in 1901, 1905 and 1909, and is now serving his fourth consecutive term as county judge.

After the mustering out of the Sparta Rifles, the old Company "I," Third Regiment, Wisconsin, a movement was set on foot to reorganize the company. This Judge McCoy successfully did, and in July, 1896, Company L was mustered into the Wisconsin National Guard. At the breaking out of the Spanish-American AVar, Company L, in common with the other companies of the Third Regiment, volunteered, and in all 115 men entered the service under the command of Captain McCoy. He served with distinction in the Porto Rican campaign, and upon the cessation of hostilities, on account of urgent business, he resigned and came home October 12, 1898, about a month ahead of his regiment.

Under his coniiiiaiul the eouipauy was hrouglit to a high state of efficiency, notahly in riHe practice. Upon the retirement of Col. W. W. Warren as inspector of rifle practice and npon the recoinmendalion of adjntant general, ]\IcCoy was appointed by Governor Davidson as inspector of small arms practice with rank of colonel fi-om ^larch 21, 1907, which position he still holds; the duties of wliicli he has conducted Avith marked ability. Colonel McCoy has commanded three rifle teams at the national contests, bringing "Wisconsin near the top in 1he.se matches. AVhile at Camp Perry, Ohio, in connnand of the Wisconsin, team at the national competition, Colonel McCoy was elected as one of the directors of the National KiHe Association, under Avhose auspices the competitions are conducted. He is still a member of the board of directors. Perhaps the crowning act of his career was bringing about the establishment of the Government military reservation, the story of wliidi appears in another chapter.

George Graham. ^Ir. Graham was born in Scotland in 1840, and canu' to this country in 1845 with his family, which settled in Vermont, where he received his early education ; graduated from ]\liddlel)ury college, in that state, took up the study of law, decided to come west, and was admitted to the bar in Juneau county, in 18(52. He moved to Sparta and entered upon the practice of his profession, but in the fall of that year enlisted in Company G, Thirty-seventh AVisconsin Volunteer Infantry and served until the close of the war. His service won him promotion from the ranks and he was mustered out as captain in command of his company.

Ill the spring of 1866 Mr. Graham returned to Sparta and afterwards took up his residence in Tomali and the practice of his profession. He served one term as county judge of this county. He still resides at Toniali and has served as postmaster for several years last past. As a lawyer, ]\Ir. Graham has ahvays occupied a high place in the bar of western AVisconsin. In his earlier practice he was pitted against such men as L. AV. Graves, J. M. IMorrow and S. N. Dickinson. A deep student, he had a thorough knowledge of legal principles and practice, coupled A\i1h a keen perception of tlu' salient points of the ease on trial, gifted far beyond the ordinary with the command of language and tile power to express his thoughts most eloquently, he became an ideal trial lawyer, one of the liest. Intensely patriotic, a firm believer in the saying, "In times of peace prepare for war," he gave a practical demonstration of liis convictions by organizing an independent military company at Tomah in 1883, and succeeded in having it mustered into the service of the state of Wisconsin on May 28, 1881, as Company K, Third Regiment, Wisconsin National Guard. He commanded the company for a number of years, bringing it to a high state of efficiency.

Mr. Graham saw the advantages of the present site of the Wisconsin military reservation, and called the attention of Gen. C. P. Chapman, then adjutant general, to it with the result that the fine camp and maneuver ground was accpiired by the state. His efforts, however, were principally directed to rifle practice, which he earnestly promoted among the companies of the Third Regiment, and after his retirement as captain of Company K he was appointed inspector of small arms practice with the rank of colonel on the staff of the governor. Bringing to this work all the enthusiasm and earnestness of which he was capable and brought the attention of the entire national guard of the country to W^isconsin's "shooting regiments," and to his efforts is due the credit of laying the groundwork in rifle practice in the state, and under his administration a high development was attained in this most important work.

Mr. Graham was appointed to the position of inspector of small arms practice January 7, 1895, and served until 1906, when he retired, carrying with him the respect and gratitude of every officer and man in the Wisconsin guard, which has been exemplified in the naming of a trophy which is competed for annually at Camp Douglas, known as the "Graham Trophy." Colonel Graham, like some other people, has "hobbies," and one of them which the editor remembers to have heard him talk about a great many years ago, and that was the improvement of Superior avenue by boulevarding the lower end outside of the business section, in the center, and he has lived to see his early suggestions substantially carried out in the beautiful street as now completed.