The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1920-12-30
PIONEER COURTS AND
LAWYERS OF MANITOWOC co,
Collections and ReCOIIeCtiOns
BY J. S. ANDERSON
'F0rsan ethaec olim meminisse mvabit'
NUMBER 10
Judge David Taylor

words furnish the key to his character
and great success, "unceasing labor"
But l realize that l have been led
away from my real topic, which is the
relation to the place and people of
Manitowoc, sustained by this man, and
my own recollections and observations
came much in contact with Judge
Taylor, beginning in the later sos be
fore he went upon the bench As a
lad had begun to dream about some
day becoming a lawyer, and in my leis-
ure hours loafed around the Justices
courts and frequently visited j. d.
Markham's Office. Markham counsclcd
much with Judge Taylor in the period
of about two years before he went
upon the bench and when court con
vcned | would see him. was only
about sixteen then but had heard of
him as a learned lawyer and observed
him closely. When Circuit Court was
in session | was an interested spectator
and listened to the proceedings, most
of which | little understood, but | was
interested in observing the personality
of the lawyers. One of my earliest re
collections Of the Court was a contest
over point of law between T.. Fox
Cooke and Judge Taylor. The case had
been called and a witness sworn. Judge
Taylor then objected to any evidence
because the complaint did not state
cause of action and spoke briefly in
support Of his contention Cooke an
swered by breaking into a violent tir-
adc against the code of pleading which
it will be remembered Judge TAYLOR
had been instrumental in having adopt
ed by the legislature and culogizcd the
certainty of pleading under the com
mon law forms,
When Judge Taylor replied he
knocked out the props from under his
opponents argument by showing that if
he had had a good complaint at com
mon law, it would have been good un-
der the code but it was essentially bad
at either the code or common law. He
dryly remarked that all that was ncces-
sary in pleading under the code was
the exercise of a little common sense
in stating plainly the facts constituting
the cause Of action
Judge Gorslne held with Judge Tay-
lor, but permitted the old Common
Law proceeding of withdrawing
juror" and amending ON paying costs
of the term.
In the winter Of 1860 had made mp
my mind to study for the legal profcs-
sion and as preliminary was preparing
to 80 to college in the fall of 1861
Next spring the Civil War was on and
| was swept out of school into the
great war vortex and gave four years
of my life to that service. When | re-
turned from the army in August, 1861,
the old project of law study again re-
cured to me, but like many others, |
felt | had lost SO much of my best
years for study that ! must get into
business, The mills in the back coun-
try, at the Branch, Cato, Clarks Mills,
and other places were turning out
much lumber, shingles, and other prod
ucts which were hauled by teams to
Manitowoc for shipment. / took what
little money had, invested in a couple
of teams and equipment and went to
work at that business. My health was
not good, had broken down in the
wilderness campaign. Three or four
slight wounds we're still trouble to
me. The handling of square timber
and large planks was heavy work, for
which found myself unfit
| was offered position as assistant
TO the deputy provost marshal, John
+. Guyles, and | went into that for the
rest Of the war. | used one of my
teams in that and operated the other
with hired help.
When the war finally ended in the
summer Of 1865 | closed out my bust
ness, decided TO carry out my original
plan and entered college in September
of that year, | spent my school yaca-
tions with Judge Meyer of Appleton
and with j. ID. Markham, when ot
home, earning what money ! could
and reading text books in the law in
all my spare time. graduated from
college in June, 1870, taught school for
a year, and in the summer of 1871 en-
tered the Office of J. ID. Markham as a
clerk and copyist. In the winter of the
same year | was admitted to practice
on examination in open court. | had
not intended to apply SO soon but my
lawyer friends especially Markham and
Charles H. Walker urged me to do so,
and Encouraged me in eevry way.
At this period up to 1869 Judge Tay-
lor was still on the bench, and during
the sessions of court, which were then
held in June, was in constant attend
ancc, watching aud studying the pro-
ceedngs and learned much of value to
me in future years.
Judge Taylor never interfered much
in the trial Of cases, allowing evidence