Vernon County, Wisconsin - Chapter 15: The Courts of Vernon County, 1884

The Circuit Couet

Circuit courts were created by the constitution of the State adopted upon its admission to the Union in 184s. They were to have general original jurisdiction in all matters civil and criminal, not exclusively cognizable by a justice of the peace or some other inferior court. They were to have all the powers according to the usages of courts of law and equity necessary to tlie full and complete jurisdiction of the causes and parties, and the full and complete administration of justice. Their acts and proceedings were made subject to a re-examination l)y the supreme court, as provided by law.

The constitution divided the State into five judicial circuits, and provided for the election of a judge in each. The first circuit comprised the counties of Racine, Walworth, Rock and Green; the second circuit, the counties of Milwaukee, Waukesha, Jefferson and Dane; the third circuit, the counties of Washington, Dodge, Columbia, Marquette, Sauk and Portage; the fourth circiut, the counties of Brown, Manitowoc, Sheboygan, Fond du Lac, Winnebago and Calu- met; the fifth circuit, the counties of Iowa, Lafayette, Grant, Crawford and St. Croix. At that time Vernon county hnd not yet been organized, its territory being embraced in Crawford county.

In 1851 the territory now comprising Vernon was organized as Bad Ax county, and became a part of the newly organized sixth judicial circuit. Arrangements were made to liold the first term of court at Viroqua, the tenijiorary county seat, in the spring of 185). Accordingly circuit court convened for the first time in Bad Ax county, on the 9th of May, 1851, in a little log building which stood upon the site now occupied by the Odd Fellows and Masonic Hall, and H. D. NV'illiams' building, in Viroqua. The building had been erected the previous year by Moses Decker, aided by the settlers in a "raising bee." It was 18x22 feet in size, one story high, and covered with oak shakes. The floor was made of hewn puncheons; the seats of the same with legs inserted; the desks and bencheti also of puncheons, nailed to the log wall. In fact, what was not made of the proverbial "shakes or puncheons" was almost unnecessary in the constiuction of a building or the manufacture of its furniture in those days. This cabin had been used for almost every conceivable purpose; dances, schools, church services, debating .societies, terms of court and political conventions, each in turn lioiiored the dingy little room with their gaieties or sober deliberations. The cabin was used for the purpose of a court house until about 185G, when it was superseded by a better building, and then torn down. 'J''he clerk of court during these years held his office in it.

Hon. Wiram Knowlton, of Crawfoid county, pi-esided over tlie first term of court held in Bad Ax county, and was the first judge of the sixth judicial circuit. At the first term there was but little business to transact. In fact the only tiling done was the admission of Lorenzo A. Pierce to the bar, upon motion of Francis J. Dunu. The county officers who bad been

The second term of circuit court for Bad Ax county was held, in November, 1851, in the same log cabin as the previous term had been held. By this time the little "court house" had been chinked up with mud for plastering. Judge Knowlton was still on the bench. At this term of court William F. Terhune, Thomas J. DeFrees, Norris W. Saxton and Rufus Dunlap were all admitted to the bar.

The first case to come before the court was entitled Samuel H. Sheffield vs. George Dascey and John Allen, for trespass on the case, according to the old time method of pleading. The case was continued until the succeeding term of court, when it was dismissed. James Cadwell was one of tlie attorneys in this case - the only one revealed by the records.

The first grand jury was impanneled and sworn at this term of court, consisting of the following named gentlemen : Isaac Spencer, foreman ; Andrew Briggs, Isaac Coe, Ransom Gillett, Eldad Inman, John Snyder, Samuel McMichael, John Graham, A. H. Older, Westfall Decker, Orrin Wisel, William Reed, Daniel Gardner, Lemick Graham, Nicholas Murphy, Charles Waters and William Spencer.

The petit jurors who were in attendance at this term of court were as follows : James Clark, John Longley, Cyrus Gillett, George Dascey, John Allen, William C. McMichael, Lewis Graham, Jacob Johnson, Henry Waters, Samuel Nelson, Andrew Henry, Everett Eaton, Barney C. Hutchinson, James McCormic, George P. Taylor, John McCullock, George Pike, C. B. Brown, A. Southwick, Michael Hinkst, James Foster, Nicholas Vought, William Coe, Nelson DeFrees and Oliver Langdon.

The first State case to be tried by the circuit court of Bad Ax county, was against Joseph and Joseph M. Heck, upon an indictment for assault and battery with intent to commit muru der. The case came before Judge Knowlton upon a change of venue from Crawford county. It was continued until the spring term of court in 1852, when the district attorney entered a nolle prosequi - a refusal to further prosecute.

The grand jury which had been impanneied, as stated, returned three bills of indictment before the close of the fall term in 1851. The first was against William S. Tippits for assault with intent to kill; a nolle prosequi was entered in this case. The second was against L. D. Smith for the same crime as Tippits was charged with. The third was against Isaac Wright for an assault upon a peace officer. In the two last cases the indictments were quashed.

This concluded the work of the fall term of 1851. At this time Orrin Wisel was clerk of court, and William F. Terhune, deputy ; the latter attending to the business of the office.

The first matter to engage the attention of the court was an indictment which the grand jury returned against John Myers, for assault with intent to kill Eldad Inman.

At the September term of court, in 1853, one of the most important criminal cases that have ever been tried in the county, came before Judge Knowlton. Its title was, " State of Wisconsin vs. William Watti-:." Watts had been indicted for murder in the first degree, by the grand jury of LaCrosse county, and the case came to Bad Ax county upon a change of venue. The particulars of the afEairwere as follows : Some time during 1852, William Watts and a man named Deurst came from Illinois and settled upon a piece of land in Mormon Coolye. La- Crosse county. Watts being in the employ of Deurst, as a hired man. In the fall of 1852, Watts went to LaCrosse city, taking with him several head of cattle and other articles which had belonged to Deurst. He got upon a drunken spree and sold the property. For several days he hung around LaCrosse, and then disappeared. At that time the country in the region of Mormon Coolye was very sparsely settled, and it was some days before Deurst was missed ; but in time suspicions were aroused from the action of Watts, and the continued absence of Deurst, that all was not right. The premises were examined, and it was found that Deurst had been murdered, and his body dragged some distance and hid in in a thicket. Watts was still absent. A reward of $500 was offered for his apprehension. It subsequently transpired that Watts came to Bad Ax county and hired out to work for Anson G. Tainter. For several months he continued work, gaining the confidence of his employer. Finally a man from La Crosse county, who came to Tainter's upon business, recognized Watts, and told Tainter that he believed Watts was the murderer,but would make further examination while the family were eating dinner, and report the result.

After dinner he told Tainter that it was a mistake and the suspicion was unfounded. The La Crosse man than proceeded on his way to Prairie du Chien, and upon his arrival at that place wrote the sheriff of La Crosse county informing him of the whereabouts of Watts. The sheriff at once came down to Tainter's, arrested Watts and took him to La Crosse, where the grand jury had found a true bill of indictment against him for the murder of Deurst. Before )ilea he secured a change of venue to Bad Ax county, where the case came to trial in Sejitember,1853. The counsel were among the most distinguished lawyers in this part of the !?tate and both gentlemen afterwards became circuit judges. Edwin Flint was for the prosecution and George Gale for the defense. Both were then residents of La Crosse. The trial excited great interest. The theory of the prosecution was, of course, all circumstantial; but this evidence and the chain of circumstances was most convincing. No one had seen him strike the blow, but his subsequent actions, selling the cattle, running away and assuming a different name plainly proved his guilt. The theory of Watts' defense was self protection. Deurst was a rough, violent tempered man. Watts claimed that he had loaned Deurst money, and worked for him until his due amounted to a considerable sum. So one day they got together for a final settlement, and while looking over accounts, they got into a quarrel. Deurst in a fit of anger drew a knife and attacked Watts, who, in defense, struck Deurst with an ax handle which he was engaged in making. Watts claimed he struck a harder blow than he intended and when he found it resulted fatally he was very much troubled; and finally adopted the only course he thought left to him, of hiding the body and making his escape.

When the case was called for trial the prisoner plead "not guilty" and a jury was impanneled. After a long trial the jury returned a verdict of guilty, and on the last day of the term Judge Knowlton, after making eloquent and touching remarks concerning the heinousness of the crime, sentenced the prisoner to hard labor in the State pententiary for life. The affecting remarks and severe sentence of Judge Knowlton brought tears to tlie eyes of all present, except the^ prisoner, who maintained a stoic and indifl'erent expression which had characterized his behavior throughout the entire trial. William Watts was, accordingly, placed in the penitentiary, where he remained at hard labor until the 21st of December, 1861, when he was pardoned unconditionally bj^ the governor, through the influence of George Gale, then circuit judge. The petition for pardon, which was prepared by Judge Gale, contained the signatures of all the jurors before whom the case was tried save one, who swore the sentence was just and he would never sign a prayer for the pardon of the convicted man.

Judge Wiram Knowlton 's term of office expired with 1856, and he was succeeded as judge of the sixth judicial circuit by Hon. George Gale, of Trempealeau county, formerly of La Crosse. Jadge Kuowltou was a man of splendid endowments, both natural and acquired. He had a warm, genial disposition, and made friends among all classes with whom he came in contact. As a lawyer, he was a good one for those days, and was an able jurist. His great fault was his irregular habits. He lived at Prairie du Chien, until the time of his death, which occurred several years ago.

The following article, which was written by one of the pioneer lawyers of Vernon county, rt'ill serve to show some of the peculiarities and characteristics of Judge Knowlton:

"At one of Judge Kiiowlton's terras of court at Viroqua, there was a suit pending between Daniel Lowry, plaintiff, and Stephen Marston, defendant. Lowry had rented Marston's farm to work on shares, and had put in the ordinary crops. Along in the summer Lowry began to pull roasting ears and dig potatoes for family use. This alarmed Marston, who feared Lowry would get more than his share of the crops; so he cut up all the corn and hauled it home. Lowry thereupon brought suit against him for trover and conversion, in a justice court, and obtained a judgment. Marston appealed to the circuit court. Terhune was engaged on behalf of Marston; Bierce looked after the interest of Lowry. The action came up for trial before Judge Knowlton and a jury. After the plaintiff had produced all his evidence and rested, Terhune moved to non-suit Lowry on the ground that the testimony showed that the parties to the suit were tenants in common of the crops, and that one tenant in common could not sue his co-tenant for trover and conversion of the common property.

"The argument of Terhune was a lengthy one, and was concluded at noon, when the court adjourned for dinner. In the afternoon Bierce was to reply. At the opening of court it was plainly to be seen that something was wrong witk the judge; he was overcome with drowsiness. Nevertheless Bierce began his argument; but he had not spoken many minutes before "his hoaor'M'ell quietly into the aruis of Morpheus, so to speak; in other words, he was sound asleep! But Bierce kept on with his argument - why should he not? Court was in session; the judge was upon the bench; the jury in the box, and the sheriff on hand to preserve order. There, too, was the clerk at bis desk; and the parties to the suit sat near their respective advocates, - it was a scene for a painter!

"It is asserted by one who was present that it was exceedingly difficult to tell that afternoon exactly where, in the old log court house, the majesty of the law was ensconced. It seemed as if justice, for the nonce, had dropped her sword and scales, torn from her eyes the bandage, and incontinently fled! Bierce, after a good long hour of forensic effort, reached his peroration in eloquent style! But, if the court was convinced, there was no outward sign, fur the judge still slept. An adjournment 'took place.' The judge, like the lords after the celebrated speech of Sheridan, was too much 'affected' to calmly weigh the matter; at least, the matter was then and there not weighed. Judge Knowlton retired half unconscious to iiis room. Jurors, parties, witnesses, officers - all staid around the seat of justice for a day or two, but the judge came not. Then, they took themselves every man unto his own. home.

"Nothing more was heard of the suit for some three or four months, when the judge, who had by this time recovered his equanimity, wrote to the clerk, directing him to put the case on the calender for trial at the next term, as he had over-ruled Terhune's motion. Tlie eloquence of Bierce had done its perfect work!"

Hon. George Gale held his first term of circuit court for Bad Ax county in June, 1857. He was succeeded in 1861 by Hon. I. E. Messmore, of La Crosse, through some change in the boundaries of the district; but only for a short lime did Me;smore continue on the bench, the county being again thrown into Gale's district.

18.S9, commenced reading law. In 1841 he was admitted to the bar, emigrated west, and settled at Elkhorn, Walworth Co., Wis. Here he opened an office and entered into successful practice of his profession. Besides holding other offices in the fall of 1847 he was elected a member of the convention to form a State constitution, serving in that body on the judiciary committee. The same fall he was elected district attorney and a year later a member of the State Senate. On the 4th of July, 1851, Mr. Gale received from Gov. Dewey the appointment of brigadier general of militia. In the fall of that year he removed to the upper Mississippi, locating at La Crosse. He was soon elected county judge for the term of four years. Jan. 1, 1854, he resigned this office and in April, 1856, was elected judge of the sixth judicial circuit, then composed of the counties of Bad Ax, Buffalo, Clark, Jackson, Monroe, Trempealeau, La Crosse and Crawford. He served the full term of six years. During 1857 he removed from La Crosse to Galesville, Trempealeau county, where he lived until his death, which occurred April 18, 1868. Judge Gale was best known, however, as a friend of education. Seeing that all northwestern Wisconsin was without college advantages, he first urged upon the people of La Crosse the importance of founding an institution near that village. Failing in this, he decided to remove to the Trempealeau valley, start a village and found a college. Accordingly, in 1853, he purchased a large tract of land where Galesville now stands, and in 1854 secured the organization of Trempaeleau county, with the county seat located upon his land. He also obtained a charter for the Galesville University. The board of trustees was organized in 1855, and the college building was commenced in 1858. Judge Gale was president of this college until 1865. He was not a college graduate but from his great interest in education, he was made master of arts by the Vermont University in 1857, and doctor of laws by the Galesville University in

1863. Judge Gale was a man of great energy and worth, and his death was much mourned by a hirge circle of friends. While Judge Gale was upon the bench William H. Tucker, a lawyer from La Crosse, who at one time had a very large practice in the sixth circuit, often attended terms of court at Viroqua. He acquired quite a reputation for wit and oratory, and, being somewhat cheeky frequently got into a discussion with the judge. On one occasion a dispute arising between Gale and the lawyer, they both became somewhat "warmed up," and the judge in his excitement, compromised his dignity by offering to bet $100 upon the point of law involved in the dispute. Mr. Tucker, quick to take advantage of the judge's forgetfulness of his position, exclaimed: "Hold on, Judge! you oversize my pile; call it $1 and I'll cover it."

At the October term of circuit court, in 1860, John Kellard, an Irish shoemaker, about sixty years old, a nervous voluable fellow who evidently prided himself upon having "licked the Blarney stone," was indicted for selling liquor without a license. He was very deferential to his superiors, and very lavish in applying and repeating titles. Tiie indictment was in the old common law form, charging that "on the day of - , 18 - , at the town of Franklin, in the county of Bad Ax, State of Wisconsin, the defendant did wrongfully and wWUnUy with force and m-ms sell and traffic in strong, spirituous and intoxicating liquors and drinks." * * * The case being pretty strong against Kellard, he was advised by his lawyers to plead guilty. When the indictment was read to liim in court, and he was solemnly asked the usual question of: "Are you guilty or not guilty;" he sprang to his feet and replied earnestly: "May it plaze this most honerable coorti I be - believe I am a leetle guilty; Init, may it plaze your most honerable honer I plade not guilty to the force and arms, aforesaid."

Speaking of the oddities of practice in early days, Judge Terbune relates an anecdote regarding the case of State vs. Holt Bugbee, for assault and battery. The defendant was a tall six-footer who had been biought up in the back woods, who had a very loud voice and extremely large feet. It seems that the complaining witness was a nephew of the defendant. One day while passing along the highway in front of the defendant s house he began tantalizing the latter, calling opprobrious names and casting slurs upon Bugbee and his family. Finally Bugbee came out and gave the fellow a "booting" Bugbee was arrested and tried for assault and battery before justice court. W. F. Terhune was employed as counsel for the defense. R. P. Gillett,one of the early settlers of Viroqua, appeared for the prosecution. He was an odd, rough and ready genius, and was possessed of a good deal of natural wit and originality. It should be stated by way of explanation that the settlers in that region made a good deal of maple syrup, catching the sap in large sap-troughs made from linn trees. After the witnesses had been examined the argument of the counsel was heard. The defendant had nothing to offer save that the act was justifiable, was brought about by great provocation and was necessary to teach the boy better manners. Mr. Gillett, for the prosecution, in summing up the evidence and laying down the law, stated that "the boy was in the highway where he had a perfect right to be, and that no words could constitute a provocation whicii .v^"':' justify Holt Bugbee in coming out and booting the boy with a, pair of sap troughs." Continuing, partly in replication, he stated that "nothing argued on the part of the defense, would justify the defendant in starting out on the highway and kicking a poor boy with a big pair of "fourteen boots." "Its an infernal lie!" yelled Holt; "I only wear twelves!" holding up his foot. The boots were fined fifty cents.

Hon.. Edwin Flint, of La Crosse county, was elected judge of the sixth judicial circuit in the spring of 1862. He served for six years. Judge Flint was a good lawyer, and a thorough master of all the detail knowledge relating to the profession. He now lives in Mason City, Iowa, having retired from the active practice of law.

The case of State vs. John Tibbetts, upon indictment for murder, came up at the fall term of circuit court in 186-t. The killing took place early in April, 18C4. August Nifenecker, a former resident of Bad Ax city, was shot by Wm. S. Tibbitts, and died in about five hours. The substance of the testimony of witnesses was, that during a melee between Nifenecker and two men named Fopper and Moreville, Tibbitts seized the heart of a stave cut about thirty inches long and three or four inches tiirough, and struck Nifenecker a heavy blow with both hands, cutting a deep gash in the center of the head from near the edge of the hair on the forehead, two inches long, toward the back of the head. In a few moments Nifenecker recovered and asked who struck him. On being told that it was Tibbitts, he looked around, and seeing him, gave chase. Tibbitts r^n for the store, where his gun was standing behind the counter, and seizing it he shot Nifenecker in the breast, while the latter's hand was upon the latch, pushing open the door, with one foot on the door sill or top step. Tibbitts was seen to load his gun in the store previous to the shooting. From the evidence it did not appear that there had been any quarrel between Nifenecker and Tibbitts previous to the time of TibViitts using the stave cut. The preliminary examination took place before Judge Graham and Justice J. E. Newell, and bail was fixed at $1,500, for want of which the prisoner was placed in jail. Before trial in circuit court, the defendant obtained a change of venue to Crawford county. He was tried, found guilty of manslaughter and sentenced to two years in the penitentiary. He served his term, and afterward became so demented that he was placed in the insane asylum where he still remains.

In the spring of 1864, a number of rufiians belonging to a band of horse theives were captured and brought to trial before the circuit court. The following account of the affair was published by the Northwestern Times, of Viroqua, in its issue of May 25, 1864 :

The Battle Of Kickpapoo

"On Saturday morning last, under Sheriflf Poland, ex-Sheriff Goode, and Messrs. A. P. Bliss, A. Smiili, L. C. Gillett, C. P. Richardson and H. A. Robinson, upon information received from a reliable source, made a descent on some horse thieves, who had congregated at one Dr. Hills, in a secluded place on the west side of Kickapoo river, about a mile and a half above the little village of Kickapoo Center, in Vernon county ; and after a night ride of about fifteen miles, came upon them suddenly, about half an hour after sunrise. The two horse theives started for the bushes. Hill was ordered to open the gate, which he did upon threat of being shot by Mr. Goode. Some got through the gate, and others got into the field through which the thieves were running, some other way. They quickly gathered round the skedadlers, and seized one of them, but the ringleader shot Mr. Goode in the fleshy part of the shoulder, and in the melee caused by the falling of Mr. Goode, Graves, alias Eno got out of and a little ahead of the crowd. Several followed Eno and two of the party, Bliss and Poland, each fired two shots at him, and he fired two shots at Bliss, one of which passed through the right ear of the horse on which he was riding. The party here run out of ammunition and it being impossible to ride horses into the thick brush and over the logs, he was not taken. But the other thief and three horses were brought to Viroqua. Since that time Dr. Hill an<l other pai'ties supposed to belong to the gang, or know something about them, have been brought to Viroqua, also, Eno's rifle and a fine mare and colt, that he claims as his property, that was probably stolen. Eno shot the sheriff of Fayette county, sometime since and a reward of $150 is offered for his body."

"The last terra of court closed on Wednesday after a session of two and a half weeks. 'Jlie members of the Kickapoo horse thief gang were convicted. Dr. Hill and Millison, for robbing old man Roger and Pitzeiiherger, ( usually called Spitzenberger) for horse stealing and all three were sentenced to States' prison for three years ; and all three were escorted to Waupun, by our wide awake sheriff, Rogers, and his efficient deputy, T. B. Brown. The La Crosse Republican says :

" A tough gang of robbers and horse thieves who have for years committed serious outrages in the valley of the Kickapoo river, in Vernon county, recently had their arrangements disturbed. Three of the ring leaders were conricted last week in the circuit court after an exciting trial of several days duration ; and were sentenced by Judge Flint to three years imprisonment in the penitentiary. Dr. Hill, who has been a man of considerable note in that region, and a man named Millison, who was his near neighbor, were convicted of robbery. A man named Jacob Pitzenberger was convicted for horse stealing. Their conviction was secured by Millison turningStates-evidence against Pitzenberger, which so exasperated the latter's wife that she turned States-evidence against Hill and Millison. The good work of caging such villains is not completed, as others of the same sort will be brought to justice. The trial ot these men was conducted with great ability by Mr. Priest, of Viroqua, and Mr. Montgomery, of La Crosse, for the State, and Judge W. F. Terhune, of Viroqua, for the prisoners."

The case of State vs. Charles Skippens, was of marked importance. It came before the circuit court at the spring term of 1865. The particulars of the occurrence through which the defendant was indicted were briefly as follows : One Friday night, early in January,

1865, John Good and James E. Newell, Jr., went into the only saloon in Viroqua, at the Dunlap House. Charles Skippens, the proprietor, was holding a light for Mr. Stroup, who was fixing a bedstead for Skippens. Good called for some beer and Skippens said he had no time to get it, as he was busy. Good started behind the counter and Skippens seized him and was pulling him out as Newell put his hand on Skippens' shoulder, and said, "don't hurt John, he is drunk." Skippens and Newell clenched and Skippens pushed the latter to the floor over a chair. Newell then turned upon Skippens and struck him several times in the face, when Newell was pulled oif and Skippens went into the otiier part of the basement and then up stairs. Newell went out and stood at the corner, a few steps from the stairs leading down into the saloon. A few minutes later another disturbance between Good and Skippens' step-son began and Newell started to go into the saloon. L. C. Gillett and others tried to persuade Newell not to go. He kept on until he stood on the second step leading down into the saloon. At this instance Skippens discharged his shot gun at Newell's head, through the window, just over the steps leading to the saloon The muzzle of the gun was only about five feet from Newell's head when discharged. The charge of shot took effect on the right side of the head, tearing away the lacerated scalp and pushing it down over the right eye, and fracturing the scull. Newell sank to the steps apparently dead. He was taken to his father's house and Drs. Rush and Tinker were summoned to his aid, but it was all in vain, for the unfortunate man died on the 14th of January, 1865.

James E. Newell, Jr., was a native of Morgan Co., Ohio; son of Hon. James. E. Newell, Sr. He came to Viroqua with his parents in 1854, and was thirty years of age at the time of his death. He had just completed his three years army service in the sixth regiment, Wisconsin Volunteers, and came home in perfect health,

Immediately after the fracas, Skippens was arrested and taken to jail the back way, as the peojjle were terribly excited and further violence was feared. Upon a preliminary examation he was bound over and in the spring the grand jury found a true bill of indictment against him. His first trial was had at the April term of circuit court in 1865. The jury found him guilty of willful, deliberate murder. For technical reasons the verdict was set aside and a new trial was granted. The defendant then applied for a change of venue, and tlie cause was removed to Monroe county, where, at the March term, 1806, it was again tried, and the jury failed to agree. At the November term, 1866, the final trial was had, resulting in the acquittal of the accused upon the ground of self defense. Thus ended one of the most exciting cases that has ever been tried in the county.

In June, 1867, Charles Shippens was again arrested, this time for rape and adultery. He was placed in jail at Viroqua together with Charles Shannan, who was charged with burglary. On the night of July 11, 1867, both of the prisoners escaped jail. The two were locked up in the same cell, and during the night in question they began operations by removing their bed and prying up a flat stone which was part of the floor of the cell. This stone was under the bed and next the jail wall. The instrument used was a short stick sharpened in crowbar form at one end. The stick had been taken into the cell for firewood, and had been there since cold weather. After the stone was pried up they began to dig, using wooden paddles and an old case knife, which had come into their possession by some means. About two feet below the* stone first pried up, they came to the loose stones in the bottom of the jail wall, and removing some of these, they had, so far, a sufficient opening through which to escape. And now the help of good friends on the outside came into play, and some right-handed shoveler, (as was evident from the direction the dirt was thrown), dug a hole with a spade to communicate with the aperture inside. The opening was then complete and the birds flew. Skippens was traced to Ohio, where he had died.

The murder of Robert Lange, which took place early in January, 1865, was one of the the most shocking and cold-blooded affairs that have disgraced tlie history of the State. '1 he murdered man and his murderer were both residents of Vernon county although the foul deed was committed on the prairie three miles southeast of the city of LaCrosse. Robert Lange kept a store and saloon on Coon Prairie. On the evening of Jan. 4, 1865, he left his place for LaCrosse, in company with Jacob Clear, a soldier of company K, 18th Wisconsin regiment, whose furlough had just expired, and ije claimed to be on his way back to the regiment. This Jake Clear, as he was generally called, had heretofore clerked for Lange, when his establishment was further north on the same prairie. He had been hanging around Lange's for several days previous to Jan. 4, 1865. When about six miles from their starting place, the two stopped and got some coffee, and while there the woman saw Lan^e take out his money and count it, when Clear asked how much money he had and received as an answer " over a thousand dollars." IJetweeii 10 and 1 1 o'clock that evening Lange and Clear stopped at the Greenfield House, five miles from LaCrosse, and drank some beer ; Clear keeping his facc hid as much as possible and drinking with his face away from the counter. About 3 o'clock in the morning of the following day Lange's team was found standing at the Bloomer House. About one quart of blood was found on the seat of the sleigh. As soon as it was light enough search was made, and Lange's body was found about eighty rods from the track, with the back of the head, side of the head and jaws smashed in with the head of an ax. The bloody ax lay near the body. The murderer set up two empty beer kegs, one on each side of Lange's dead body. Clear at once returned to his regiment and accompanied it to Chicago, where he was arrested. He fully confessed his guilt and was taken to LaCri'sse and placed in jail ; but was soon taken to Milwaukee to save him from being bung by Lange's friends. He plead guilty, and was sentenced to the penitentiary for life ; but through some influence he was pardoned in 1880 by Gov. Smith, and is now at large.

At the spring term of court in 1868 the case of State vs. Alonzo Mitchell and others, evoked a good deal of interest. A lot of young fellows from Hillsboro and vicinity were arrested at the instance of Julia A. Betts, for taking part and engaging in a charivari. After a a lengthy and exciting trial, the boys were found not guilty. The lady, however, afterwards commenced a civil action against the defendants and recovered damages.

In the spring of 1868 Hon. Romanzo Bunn, of Sparta, Monroe county, was elected judge of the sixth circuit. His term of office began Jan. 1,1869. In 1874 he was re-elected and served until appointed United States district judge, in in 18*75, vvhen he resigned the circuit judgeship.

In December, 1868, the grand jury returned five indictments against Warren Dennison, who lived at what was called Coon slough, in the town of Bergen, Vernon county. Dennison was an offender. He was charged with horse stealing, and many other criminal acts. In the fall of 1868 deputy sheriff William W. Lowrie, of Newton, went after him on a justice's warrant and found him at home ; but he was sitting by the tire covered with blankets and pretended to have the rheumatism so that he could not walk. So he was left upon the promise on his part to come to Viroqua as soon as he was able. But in a day or two suspicions were entertained that he was merely playing a dodge ; so Lowrie went after him again, but the bird had flown. Two or three times during the winter there were reports that Dennison had come back, but when he was searched for, it was found that he was still skulking. Hearing again that Dennison was at home, Mr. Lowrie and Gates Page, on the 1st of May, 1869, started out to capture him. They found him near home, but when he saw them he started to run toward the river, where he had a skiff, and his pursuers followed. While running, Lowrie fired a shot in the air to warn Dennison to stop. He did so, and turned back on his pursuers, having his hand behind him. Lowrie asked what he had in his hand. Dennison replied, a revolver. Lowrie told him to drop it, which Dennison refused to do. Lowrie then told him of the warrant for his arrest, and informed him that if he would surrender, he should not be hurt. Dennison refused to surrender, and said that if shooting was the game he could shoot as well as any man, and started toward Page, who levelled his shot gun on him. Then Dennison turned toward Lowrie, revolver in hand, and the two fired at each other about the same instant, although Lowrie was a little too quick for Dennison, his ball hitting the latter in the thigh, and probably disturbing his aim. Dennison did not fall, but was getting ready to shoot again when Page shot him, the load taking effect under the right shoulder. Dennison then dropped his revolver and tried to pick up a sled stake, but failed, falling back with the words "I'm dead." When he fell, Lowrie carried water to him from the river and washed his face. In a short time he died. A coroner's inquest was held, and after an examination the jury rendered the following verdict : "That the deceased came to his death by a wound from a shot gun in the hands of I. G. Page ; that the killing was justifiable."

The case of State vs. Josiah Dennison for the murder of John Oliver, came before Judge Bunn at the fall term of the circuit court in 1869. The facts of the case, as developed by the evidence, were as follows: There was a dance at John Brill's saloon, Genoa, formerly Bad Ax city, on Christmas eve, 1868, wliich the Olivers and Dennisons attended. It seems that there had been trouble between John Oliver and Warren Deunison, father of the Dennison boys. Late in the night of the dance John Oliver began to talk to James Dennison about this old grudge; but the latter told him that he did not want to have anything to say about liis father's quarrels, and so the two parted without hard feeling. John Britt then got Oliver over to his house with the design of keeping him there and preventing a fracas. In the meantime Josiah Dennison had taken his partner home. After Oliver left, two friends of his began to boast that Oliver "could wliip any Dennison," and oflFered to bet twenty-live dollars on it. This to James Dennison. When Josiah came back, James told him what had been said, and added that the men seemed determined to bring on a tight. Josiah then went to the men who had been talking of betting, but they denied the oflfei' of twenty-five dollars, offering a wager of five dollars instead. It appears that there was then a match made up for Josiah Dennison to fight John Oliver, the next day, it being stipulated by Denni^on that he and Oliver should both be searched for weapons before the fight begap. After it was settled that the two men were to fight, some one went over to Britt's and told John Oliver, who at once became enraged, put himself in fighting trim, and ran to the saloon in which the Deiinisons were, calling out loudly for "that d d Dennison wha is to fight me." Those in the saloon rushed out, Josiah Dennison among the first. Tie two men met on the steps, Dennison saying, "Wait till I pull off my coat." While lie was in the act of pulling off his coat the fight began, probably by Oliver striking at him. Almost as soon as they closed, Dennison called out that he was stabbed, broke loose and ran down the street, Oliver after him. Not overtaking Dennison, Oliver soon came back toward the crowd. Meeting a man in the street he asked if he was a Deunison, which was denied. Passing on he came to George Dennison - and with the words, "God d d you, you are a Dennison," closed with him. George at once began to cry out to take him off that Oliver was "cutting him all to pieces." With that, Henry Dennison ran up, took hold of Oliver's shoulders, and jerked him off. Just at this instant, and while Oliver was in the attitude of striking with his knife, Josiah Dennison came up and shot him in the back of the head, about the base of the brain, causing almost instant death. The stabs inflicted upon the Dennison boys were not serious. Josiah Dennison gave himself up and upon preliminary examination was bound over to the fall term of circuit court in the sum of $1,000. A change of venue was taken to La Crosse county, where the case was finally dismissed, the killing having been so plainly justifiable.

Marion Robinson had stolen a horse from a Norwegian in Hamburg township. He sold the horse; was followed by the owner; arrested; indicted; plead guilty and was sentenced to the penitentiary fortiiree years.

J. W. Grubb stole a horse which belonged to H. W. Haskell, from a hotel barn in Viroqua. He was actuated more from the spirit of revenge than gain. He was arrested in Grant county and while Sheriff Brown was bringirg him back, he escaped and took to the fields, running like a deer. The sheriff brought him down by shooting him in the thigh, and they then proceeded on their journey. Grubb was indicted by the grand jury, plead guilty and was sentenced to one year in the penitentiary.

Another interesting case which was tried at the June term, 1871, was that of the State vs. Chester Barrett, upon indictment by the grand jury. There were three counts in the indictment "for bigamy, adultery and lewd and lascivious conduct." It seems that many years prior to this time Barrett had been married, in who lived in an adjoining State, and the statutes provided that all marriages should be performed by magistrates who were residents of Vermont. A few years after the marriage, Barrett came west and located in the town of Liberty, Vernon county. Here he was married again, to Jeanette Wood, on the supposition that the former marriage was illegal. In 1871, his first wife, Olive, prosecuted him and he was indicted as stated. Upon the first two counts in the indictment Barrett was acquitted; but was convicted upon the last, and sentenced to six months in the county jail. This was the man that was afterward shot and killed by Comfort Starr.

On the night of Oct. 3, 1871, James Butler burglarized the saloon of Peter Bartholomew, at De Soto, with intent to steal. The grand jury system had just been abolished, and information was filed against the defendant by Carson Graham. He was arrested, and upon ])reliminary examination was bound over to the circuit court. He plead guilty and asked to be sentenced by the county court. This tribunal sentenced him to one year's hard labor in the penitentiary.

The case of State vs. Nathaniel and Martha Cummings was tried at the May term of circuit court, in 187.3. This was for assault upon the father of Nathaniel Cummings. While there was nothing of especial interest in the facts constituting the cause of action, yet the case involved a proposition of law which made it more than an ordinary one. It seems that the father and children had had some trouble regard inff land, and the difficulty finally terminated in their coming to blows. They met, got into an altercation, and the woman seized a stick, and, in the words of the evidence, "hammered the old man." Nathaniel and Martha were arrested and tried. Nathaniel was convicted and fined $50 and costs, while Martha was acquitted. This was ujjon the principle that the wife having struck the blows in the presence of her husband, she was acting under his authority and

The fall term of circuit court in 187.3 was disgraced by another murder trial. It was that of Comfort Starr, charged with the murder of Chester Barrett. These men lived in the town of Liberty. For a long time they had been at outs, and in constant quarrels regarding fences and easements belonging to real estate. On the 9th of June, 1873, Starr attempted to drive across a certain piece of land in the town of Jefferson. Barrett came from his house with a gun in hand and forbade his crossing. After a few words and threats Starr seized the gun he had brought with him and shot Barrett, killing him. Starr was arrested and bound over to the circuit court. The case was tried at the fall term in 1S73, and was ably conducted by C. M. Butts, district attorney for the State, and Carson Graham and O. B. Thomas for the defense. Starr admitted the shooting, but plead self defense, and upon this ground was acquitted by the jury.

The spring term of court in 1875 was made memorable by the trial of the notorious case of State vs. J. P. Larry the defendant being charged with shooting John Downie. Larry and Downie were half brothers living near each other in the town of Liberty. On the 9lh of November, 1S74, while plowing in his field, Downie was shot by some unknown person and for a long time laid at the point of death. Isaiah Guist, a neighbor with whom Downie was not on very friendly terms, was arrested o)i suspicion of being the perpetrator of the foul and cowardly deed, but he clearly proved his innocence and was immediately discharged. As time went by the suspicion that Larry had done the shooting gained ground, and he was finally arrested. He plead not guilty and based his defense upon proving an alibi. The trial was a long and interesting one, and at one time a crowd from the neighborhood of the town of Liberty collected and threatened to lynch the prisoner, so strong was the circumstantial evidence against him. But they were prevailed upon to desibt. One strong point made by the prosecution was, that Downie's gun had been missing for several weeks prior to the shooting and this gun was found under a log near by where tlie man who did do the shooting stood. But Larry proved an alibi to the complete satisfaction of the jury, and was tlierefore acquitted. The fact as to who was the criminal is still shrouded in mystery.

Hon. Alfred William Newman was elected judge of the sixth judicial circuit, to succeed Judge Bunn, in the fall of 1875, and is the present incumbent. Judge Newman was born in Durham, Greene Co., N. Y., April 5, 1>S8+. His parents resided on a farm near the village, where Judge Newman remained until he was twenty years of age, engaged in agricultural pursuits during the summer, and attending school in the winter. In 1854 he entered Hamilton College, from which he graduated in 1857, and continued the study of law, which he had commenced while in college. On the 8th of December, 1857, the judge was examined at Albany and admitted to the bar, and in January, 1858, he came west, settling in Kewaunee Co., Wis. Two months later he removed to Trempealeau, where he has since lived. He held various local offices and was State senator prior to his election to the circuit bench.

The case of State vs. Nancy C. Wiseman for rssault with intent to kill, came before the circuit court of Vernon county, at the November term, 1878. It was really the termination of a series of occurrences which had before this received the attention of the district attorney. It seems that a single woman named Mary J. Sneed, living in the town of Stark, became the mother of a child, which she swore upon Mr. Wiseman, the husband of the defendant in the case in question. Bastardy proceedings were | commenced against Wiseman, and he fled the ! State. A comprom.ise was effected with the in- I jured woman, by mortgaging one-half of Wiseman's farm for $500, and the proceedings were abandoned. When the pay-day of the mortgage came Mrs. Wiseman had concluded that her husband was not guilty, and refused to pay the same. The parties came to Viroqua, and counsel was secured. Mrs. Wiseman's attorney found that her defense was untenable, and it was accordingly abandoned. When she found that the money must be paid, she seemed to go into a perfect frenzy. Seeing the author of her troubles, as she thought Mary Sneed to be, she followed her into a store, where some trading was being done. While Mary Sneed was talking to a clerk, Mrs. Wiseman rushed up, and drawing a revolver pointed it at the girl's head and pulled the trigger! As good fortune would have it, the clerk threw up Mrs. Wiseman's hand and wrenched the weapon from her grasp before it was discharged. Mrs. Wiseman was at once arrested, and was tried for assault with intent to kill; but the jury acquitted her on the ground of insanity. The mortgage was foi'eclosed, and thus the case was finally settled. The attorneys were H. P. Proctor, of Viroqua, for the prosecution, and C. M. Butt, of the same place, and Morrow & Masters, of Sparta, for the defense.

Another murder trial engaged the attention of the circuit court and the interest of all Vernon county, at the spring terra, 1880. It was that of the State vs. Carl Olson for manslaughter. The case was ably conducted by H. P. Procter, district attorney, for the State, and Butt & Graves for the defense. Carl Olson kept a shoe shop at Westaby, a few miles north of Viroqua. One night during the winter preceding the trial, a number of persons, among whom was Ole A. Johnson, gathered at Olson's shop, and a quarrel arose, during which Olson ordered some of the otiiers out of his sliop. During a fight which ensued Johnson received two blows upon the head, one of which penetrated the skull, and the wound had the appearance of having been inflicted with a ham- raer. The following morning Johnson returned to his home, some distance from Westaby, and shortly afterward hauled some wood from the timber. A few days after the occurrence he was taken very ill, went crazy, and soon died. Olson was arrested, charged with the crime of manslauhter. He denied that he knew anything about who struck the blow, and plead "not guilty." The trial excited great interest. Sixty witnesses were summoned and examined and tlie jury found Olson "not guilty."

The case of State vs. Bradly G. Emmons and Sally L. Tripp, for adultery, came before the circuit court at the fall term, 1880. Emmons was the hired man of Mr. Tripp, the husband of the co-defendant, in the town of Hillsboro. She plead guilty, and was sentenced by the county judge to pay a fine of $200. It was paid by her husband. Emmons was tried by circuit court, found guilty, and sentenced to two years in the penitentiary.

entered the store building of Albert and August Zabolio, at Genoa, and stole |92. They were bound over to the circuit in the sum of $200 each, and upon depositing the amount with the sheriff they were released upon their own recognizance. Upon gaining their freedom they both fled to some of the western territories and forfeited their bail.

County Court

of the State, adopted in 1848. For a time they were vested with civil and criminal jurisdiction but this was soon taken from them. The name probate court expresses the jurisdiction which county courts now possess. Terms of this court are held monthly. In connection with the chapter upon county representation, the office of county judge is treated at length, showing who h ve filled the position since the reorganization of the county.