The Superior times. [volume] (Superior, Wis.) 1870-1912, 1897-01-30

After a careful examination into the
facts of the case the judge admitted
him to bail, and he was subsequently
tried and acquitted on the ground that
he acted in self-defense. This event
Dickens seized upon, and published
newspaper items in his Notes" to con-
vey the idea that, in Wisconsin, life
was so cheap that one legislator could
shoot another in session for words
spoken in debate and be discharged by
Judge Dunn on bail"
Judge Dunn was state senator from 1858
to 1856, and was the unsuccessful cam
didate for congress in 1858 and for JUS
tice Of Supreme court in 1850. He died
in Belmont, April I. 1852. His dauhgter
was the wife of Gov. Nelson Dewey.
Judge Dunn's associates were Judge
David Irvine and Judge William c.
Frazer. Judge Irwin was born in AL
bermarle county, Virginia, in 1894, of
Scotch-Irish parentage. His father was
a Presbyterian minister and celebrated
teacher of ancient languages. He re-
sided IN the Shenandoah valley until
1882, " hen President Jackson appointed
him an additional judge of Michigan
territory. When Wisconsin territory
WAS organized he was appointed aesoci-
ate justice. lie was man of southern
tastes. a bachelor, and judicial duty and
western society were distasteful to him.
He spend most of his time in Southern
cities. Not a profound nor studious
lawyer, he was regarded rs fair judge,
his strong common sense and love of
justice guiding his rulings. He had the
keenest relish for field sports, and for
his horse, dog.and gun. 1t used to be
said that the lawyer who praised his
dog usually won his motion. His horse,
Pedro" aud his dog. York" are
fully described in the gorsipy collections
of the State Historical society. The
judge is described as six feet in height,
very erect and we'll formed, auburn
hair, blue eyes and marrow features
He was fond of hunting prairie chick.
ems, and was a little whimsical. The
gossip Of the time said that he mended
his own stockings and sewed on his own
buttons. He was very frugal, detested
vice, saved his pay and invested in
wild cotton lands in Texas, which, later,
made him rich. The Wisconsin soldiers
during the rebellion found him there
on the Rio Guadalupe, and, it Is said,
10 foly
he prudently kept out of their way.
died in Texas, June /, 1872, at the age
of about 76 years. The kindness with
which his contemporaries, members Of
the bar, speak of him, attest that he
was upright. honest, fair and generally
right.
Among the traditions Of Green county,
where he sometimes held the term, it is
remembered that he would adjourn
court at moments notice to 20 shoot
ing chickens. He used to say that Ibis
horse Pedro had more sense than any
lawyer in the court" He was in the hab-
it of consulting MIR. Wilton before decid-
ing case, to get an idea of what the law
was. It's recorded that in 1871 he gave
the following charge to jury: 1t ap
pears from the evidence that the plain
tiff and defendant in this action are
brot lcrs-in-law. On the Wabash river.
in Indiana, they associated themselves
together for the purpose Of swindling
their neighbors. Not content with that
they got to swindling each other, and
am like the woman who saw her hus-
band and a bear fight: Fight husband
fight bear; l don't care which whips
And, gentlemen Of the jury, 1t Is 4 mat
ter Of Indifference to me how you bring
in your verdict" Five minutes after the
jury had retired the sheriff was in
structed to see if they had agreed. In
formed that they had not, he immedi-
ately ordered in the jury and discharged
it,
Another incident of him was told BY
Andrew K. Elmore, well known in the
state for half century as the Usage Of
Mukwohago." In speech in the legis-
lature, to illustrate the uncertainty Of
the law. he said he once had case on
trial before Judge Irwin. The case
seemed very clear for him, and jury
brought in \ verdict in his favor for the
amount of his claim. Just then, as the
winner Of the suit sat in the bar with
his counsel, york" became annoyingly
familiar. and he unluckily gave the dog
kick which caused yelp to reach the
judges ear. The judges brow instantly
grew dark and he set the verdict aside.
William G. Frazer, of Pennsylvania
was the other associate judge of the ter
ritory. He served but two wears, and
died in Milwaukee, Oct. Is, 1888, when
he was 80 years Of age.
Andrew Galbraith Miller, the first
great figure among Wisconsin jurists,
was appointed justice Of Wisconsin Ter
ritory nv President Van Buren, in 1888,
to succeed Judge Frazer. At the time
he was resident of Gettysburg, Pa He
took the oath Of Office as a member of
the Wisconsin judiciary, Dec. 10, 1888.
In practice and pleading Judge Miller
Was especially skilled; and his methodi-
cal system soon established order in the
chaos Of litigation, and set the courts
into proper procedure, SO far AS it can
be done by rules He had more to do
in settling the practice than .ny of
the other judges. The rules of cour,
| which he formulated, modified and en-
lsrged by experience, were adopted for
the territory at large in 1910, and were
| finally substantially adopted in the
! federal courts Of the district, where
| they still remain, attesting the wisdom
| of their Trainer.
During his nine years service as terri
torial judge he disposed of over seven
thousand FIVE hundred cases, besides
three hundred discharges in bankruptcy
| On the %, h of Nav ISiS Wiscopsin