town of Liberty collected and threatened to lynch the prisoner, so strong was the circumstantial evidence against him. But they were prevailed upon to desist. 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 the man who did do the shooting stood. But Larry proved an alibi to the complete satisfaction of the jury, and was therefore 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, 1834. 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 ssault 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 ramed 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 compromise was effected with the in

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 foreclosed, 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 term, 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 others out of his shop. 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

mer. 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 the 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.

In the summer of 1881 Thomas and James Riley were arrested for burglary. They had

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.

County courts, or as they are generally termed, probate courts, were created by the constitution 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.

There is no class or profession which has more influence in social or political matters than the bar. Even the press, which wields a mighty power among the masses, does not surpass it, as matters treated are generally local and varying. The pulpit, a great worker of good, is more devoted to the moral and spiritual welfare of man. But the profession of law embraces all under one grand aim. Upon the few principles of natural justice is erected the whole superstructure of civil law, tending to relieve the wants and meet the desires of all alike. The grand object of law is equal justice

to all. Laws are formed as exigences arise demanding them, by the representatives of the people. Change is necessary. The wants of the people of to-day, and the lawful restraints to be thrown around us of the present age differ from those of past years. They are either too lenient or too severe; in one case to be strengthened, in the other modified. The business of the lawyer does not call upon him to form laws; but it lies with him to interpret them and make their application to the daily wants of men. Every matter of importance, every question of weight among all classes and grades of society,

come before him in one form or another for discussion. Hence, the lawyer is a man of today, posted upon all matters pertaining to the age in which he lives. His capital is his ability and individuality, and he cannot bequeath them to his successors. They die with him or live in the memory of his deeds and sayings.

In the early days of Wisconsin, business was not so great in extent as to occupy the full time of the lawyer. Suits were not so numerous or remunerative as to afford him a living for himself and family, and often other occupations were taken in connection to swell the slender income. As a rule the lawyer became a politician, and more of the prominent lawyers of those days went to Congress and the State Legislature than at present. The people demanded their services and they were glad to accommodate the people. To-day the profession stands at the head, almost, of all others, and the good lawyer must always be prominent, as he is one of the forces which move, control and protect

society.

THE BAR OF THE PAST.

The bar of Vernon county has numbered among its members many who have been an honor to the county and to the profession, as well. So far as material was accessible, sketches are given of each attorney who has practiced before the courts of the county. If any are omitted, it is because their names have been forgotten, not from intention. The peculiarities and personalities which form so pleasing and interesting a part of the lives of the members of the bar, and which, indeed, constitute the charm of local history, are, in a great measure wanting. Unlike the fair plaintiff in the famous Bardell vs. Pickwick, there has been no "painstaking sergeant to relate the facts and circumstances of the case."

Of those attorneys who resided in the county at one time, and are now dead or have quit practice or left the county, the historian will speak first, later of the present bar.

Among those who have practiced before the courts of Vernon county, or who have been licensed resident lawyers, are the following: Lorenzo A. Pierce, T. J. De Frees, Rufus Dunlap, H. W. McAuley, A. H. Older, William Austin, R. C. Bierce, John J. Cole, W. S. Purdy, Carson Graham, O. O. Phillips, Newton M. Layne, D. B. Priest, E. H. Harding, T. C. Ankeny, H. H. Natwick, T. J. Vinje, C. N. Harris, A. W. Campbell, D. E. Hatlestad, R. J. Chase, John Nicholson, E. J. Steele, A. A. Hosmer and David Briggs.

Lorenzo A. Pierce was the first licensed

lawyer in Vernon-then Bad Ax-county. Prior to the organization of the county he had come from Dane county and located upon a piece of land about two miles north of Viroqua and was engaged at farming. He had a fair common school education, and had been a school teacher. When the county was ganized he was elected district attorney, so he began reading law, and was admitted to the

or

bar at the first term of circuit court held in the county, on the 9th of May, 1851. He remained in the county but a short time, leaving it is thought to return to Dane county.

Thomas J. De Frees was one of the earliest settlers of the county, and among the first licensed attorneys. Mr. De Frees was born Nov. 4, 1804, in Rockbridge Co., Va., four miles from Lexington, the county seat. When seven years of age he removed with his parents to Miami Co., Ohio,near the present city of Piqua. Here he resided until May, 1837, when he moved with his family to the State of Illinois; thence to Wisconsin, in the present Vernon county, in 1846, where he arrived on the last day of July. He located upon a farm about one mile and a half south of town, and a few years later moved to town. At the second term of the circuit court he was admitted to the bar. and, for a time, did his share of what little legal business there was to do, About 1856 he sold his farm to a Mr. Beabout, and moved to Victory, where he was engaged in merchandis

ing for a short time; then came back to Viroqua and bought some property on Bishop branch of Wolf creek. Here he put up a little grist mill. Several years later he and his son-in-law, O. C. Weeden, bought a steam engine and put that into the grist mill. They sold to Joshua and James Ady. In 1874 both Mr. De Frees and his son-in-law removed to Kansas, where they still live. Mr. De Frees, it is claimed, gave the first name to the county-Bad Ax-from the river of that name. He was the first probate judge of that county; served out the term for which he was elected, and was appointed by the governor to serve part of another term. He was also the third district attorney of the county.

Rnfus Dunlap wasamong the first settlers in the county. He came from Ohio; was a man of about forty years of age and was genial and pleasant in disposition. He went to keeping hotel at Viroqua. In November, 1851, he was admitted to the bar but never attempted the practice of law. He remained here until the time of his death.

of the old common law practice of Blackstone, Chitty, Starkie, Maddox, Rosco, Comyn, Jones, etc., but never was a willing devotee to the code practice (or Gunter's rule) of cut and try. A native of North Carolina, his ancestors belonged to the Mecklenberg colony and emigrated from Scotland to North Carolina, in 1774. He was born Sept. 9, 1816. His father, Daniel McAuley, emigrated to Mythe Co., Va., when H. W., was but three months old. In 1830 the family moved to Hendricks Co., Ind. Mr. McAuley came to the territory of Wisconsin, in 1835, and located at Mineral Point, in what is now Iowa county, where he was engaged in mining for a time. He was in Grant county when it was organized, in May, 1835. In August of that year, he went back to Mineral Point. Mr. McAuley, at this time, was quite a young man and not permanently located. He went back to the State of Indiana in the fall of 1835, but returned to Wisconsin again, the following year. In 1838 he again returned to Indiana and was married at Lebanon, Boone county, in 1839, and in 1840, returned to Wisconsin and located at Lancaster, Grant county. He had built the first house in the present village of Lancaster, two years previous, in 1838. In 1852 he came to the town of Wheatland, and

H. W. McAuley is one of the well known early settlers of Vernon county, and has been intimately connected with its progress since its organization. He was an early attorney of the county and was admitted to the bar in 1842. He commenced practice in Jackson Co., Iowa, in March, 1843, where he remained four years. He was admitted to, and practiced in all the courts of the territory (Iowa then being a territory) and practiced successfully with such lawyers as Platte Smith, of Dubuque, Judge Leffingwell and Timothy Davis. He was a student

will appear in the history of that town. He was the first man who sold goods in that village, and has been a resident of Vernon county since. 1852. In November, of that year, he went to Liberty Pole and engaged in mercantile business. In the fall of 1853 he moved his goods to Voroqua, where he continued business for some time. In 1854, owing to the difficulty of finding a store room, he removed to the town of Sterling and located on section 16. On the Bad Ax, he built a saw and grist mill, which was the second mill built on the south branch of this river, Ira Wisell having erected the first. Mr. McAuley was engaged in milling until 1871, when he sold out to his sons, William H. · H. McAuley and R. M. McAuley, and removed to Viroqua, in 1872; in 1873 removed to Sparta,

where he was engaged in the patent business for a time. In 1869 he patented a turbine waterwheel, and in 1870, a nut lock of great merit, but never introduced it; then again located in the village of De Soto in 1875 and sold goods for a time. He now resides in the town of Wheatland on section 31, town 12, range 6, west, where he is engaged in farming, making a specialty of raising sorghum. Mr. McAuley has been three times married, his first wife was Eliza A. Richie, born in Nicholas Co., Ky.; the second wife was Rebecca A. McConnell, a native of Ohio; his present wife was Melvina Sloan, born in Clarion Co., Pa. Mr. McAuley has had twelve children, seven of whom are living, three sons and four daughters. In 1834 he wrote his first letter, which was badly executed, he not having had any instruction, being now away from home, at the age of seventeen, because of shame for his ignorance. But July 5, 1834, he started to school at the Wabash College, at Crawfordsville, Ind., where he continued at intervals, as his health would permit, until the spring of 1836, having visited Wisconsin, in 1835, as before stated, for his health. Poor health from 1833 to 1851, prevented his entrance into public life, so he contented himself with an investigation into the matters of science, history, political economy and religion. He was always slow in taking a position on any new question, and as slow to yield to public sentiment which so often leads the unthinking man astray. He is an ardent lover of machinery, and firmly believes that the day is close at hand, when machinery will do all the work and leave the human hand and brain nothing to do but control; when the air like the water, will be navigated by vehicles as safely, the one as the other, as nature's elements are equal to the gratification of every desire of an elevated civilization. Development and maturity are the result of circumstances over which no finite hand or mind has any control.

A. H. Older came to Bad Ax county from the eastern part of the State in 1849, and settled

upon a farm near Viroqua. He was a man of about thirty-five years of age and had a family. Whether he was ever admitted to the bar is a question, but he practiced considerable before justice's court in early days, and for a time was justice of the peace. He remained here until 1856, when he sold his place to N. Morrison, and moved to the State of Iowa, where, when last heard from, he still lived.

William Austin came to the county in 1853, from Marquette county, in the eastern part of the State, and settled at Readstown, where he built a little brewery, which burned down a few years later. While there he began the practice of law, and was admitted to the bar at Viroqua. He remained in the county until just before the breaking out of the war, when he moved to Iowa, and when last heard from was in California. Austin never amounted to any thing as a lawyer; nor, in fact, was he successful in anything else he undertook. He was a pleasant appearing, oily tongued fellow, and many of his transactions while here betokened unsavory principles.

Royal Clifton Bierce became a member of the Vernon county bar in 1853. He was born in Cornwall, Litchfield Co., Conn., on the 3d of October, 1818; being the next to the youngest of eleven children. His father died when he was five years old, and the following year, the mother, with such of the children as were still living at home, moved to Nelson, Portage Co., Ohio. Royal C. received his education at the district schools in Cornwall and Nelson, and in the academies of Tallmadge and Farmington, Ohio. When twenty years of age he entered the law office of Hon. John Crowell, of Warren, Ohio, and having read law the statutory length of time, was admitted to the bar. He did not attempt to practice law in Ohio, save now and then in justice court, but taught school for two years and then came west, landing at Burlington, Iowa. He taught school near there one year, and not being satisfied with the country, came to Wisconsin and located at