Sauk County Wisconsin - Genealogy

History of Reedsburg and the Upper Baraboo Valley, by Merton Edwin Krug, Publ. February 1929 by the author. Printed by Democrat Printing Company, Madison, Wis., Page 45-48 & 122


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THE FIRST CRIMINAL TRIAL; TELEPHONE; AUTOMOBILE; AEROPLANE

DWINNEL wrote: On Sunday, October 5, 1851, two men, by the name of Judson BAXTER and William M. REYNOLDS, from Illinois, drove into the village with a four-horse team attached to a lumber wagon. It was at four o'clock P.M. and just at the time our people were assembling for divine worship in a little schoolhouse on Walnut Street. Such a team was quite a novelty in this part of the country - as nearly all the people here drove oxen - and it attracted general attention. Putting up their team at the Reedsburg Hotel, kept by John CLARK, they proceeded to Jesse LEACH's blacksmith shop and got him to work for them. I remember quite well that the click of his hammer was very annoying to the worshipers at the schoolhouse. On Monday noon the two men started west on the newly opened road to La Crosse.

It was soon discovered that they had paid LEACH for his Sunday work as well as their hotel bill in counterfeit coin, and that they had stolen a hammer as well as a small vise from LEACH's shop. The necessary papers for their arrest having been made out by E. G. WHEELER, were issued from the office of Lucian B. SWALLOW, then justice of the peace, and put into the hands of Constable A. F. LEAONARD. Just as night set in, he, in company with Justice SWALLOW, set out on foot to overtake and arrest the culprits. Arriving at the cabin of Richard's brother, a few miles west of where Ironton now is, and making known their business, they found them ready to join in the pursuit, for they had also received bogus coin from BAXTER and REYNODS, in change for a five-dollar bill which they had paid them for whisky the day before. It was an hour of midnight, yet the pursuers did not delay a moment.

After a long search in the darkness they found them asleep by a fire, under an oak not far from the prairie in what is now the south part of Woodland. Each had a loaded Sharp's rife and a large knife lying by his side. In accordance with a previous arrangement, two of the company seized the prisoners while the other two bound them with cords, before they were barely awake. Finding no counterfeit coin in their wagon, the officers made a long but unsuccessful search for it in the vicinity, and then, harnessing the team, they loaded the blaspheming captives into the wagon and started for Reedsburg where they arrived Tuesday afternoon. The prisoners at once dispatched Constable LEONARD to Baraboo to summon witnesses, and to engage an attorney for their defense.

On Wednesday morning, October 8, W. H. CLARK and J. H. PRATT, two of the best criminal lawyers at that time in the county, appeared for the defense of the prisoners. There was no one to appear for the prosecution. The district attorney resided at Prairie du Sac, thirty miles away. E. G. WHEELER (the town's only lawyer) had been called away, and L. Gay SPERRY, who had had some experience in suits before a justice, was also absent. In this dilemma Mr. LEACH came to me (DWINNELL) desiring that I would set as prosecuting attorney. I told him that I had never conducted a suit of justice in my life, and that I did not like to undertake it.

"But there is no other person who can do it, and unless you engaged in the work the persecution will be abandoned," he urged.

In these circumstances I told them I would do my best to convict the prisoners. If first arraigned them for theft. A jury was called and they were convicted. They appealed to the circuit court, the young lawyer from Baraboo, Mr. CLARK, giving bail for them. The bail was forfeited and CLARK was obliged to pay. They were next arraigned for issuing counterfeit coin. There was no difficulty in proving their paying out the coin which we charged as bogus; but we had trouble proving it to be spurious.

The lawyers for the prisoners got a decision from the justice, that each witness called to give his opinion as to the coin should first swear that he was an expert at the business of detecting counterfeit coin. Among other witnesses, I called J. S. STRONG, who testified that he was accustomed to handling coined money for thirty years, and had never had a spurious piece passed on him yet. As he was unwilling to say he was an expert his testimony was rejected. I then called Dr. R. R. WILLIAMS who testified that he was a practical chemist, and that he could test the coin by use of sulphuric acid. He applied the test in the presence of the court, and pronounced the coin, which had been passed by the prisoners, as spurious. That point was conceded by the prisoners' counsel. They then introduced a witness who swore that he was a partner of George HIELS of Baraboo, that BAXTER and REYNOLDS purchased goods at their store, on Saturday previous, and that he passed upon them counterfeit coin to the amount which he proved that they had passed upon others.

Upon that testimony the justice discharged the prisoners. The trial lasted three days, and nothing was left undone on the part of the prisoners to bribe the witnesses and intimidate counsel for the government. The justice evidently had little confidence in his own legal ability to act in the premises, and was fearful that, if he committed the prisoners, he should perpetrate some error whereby he would be liable to a suit for false imprisonment. He therefore made his decision as favorable as possible. I was well satisfied with that, my first effort, in conducting a suit, but was deeply indignant at the discharge of the prisoners in the circumstances, and so informed the court.

The day after the discharge of the prisoners the two RICHARD boys brought to the village a bag, containing about a peck of bogus fifty-cent pieces made of BABBITT metal, which they had found concealed in the brush near where the men had been arrested. (Thus was the first criminal trial of Reedsburg a perfect example of pioneer lawlessness and legal inefficiently. We should be glad our legal machinery is stronger today).

THE FIRST TELEPHONE

The first telephone in Reedsburg and vicinity was installed in the office of the late Dr. Frank D. HULBERT, in 1887. "With a vision and foresight that makes one sometimes wonder, E. G. STOLE launched the telephone business in connection wtih the Hotel Stolte," reads an article of the Free Press. "At first there was but a small exchange operated from the office of the hotel and only twenty-five businessmen dared venture to try the convenience." Edgar C. FISH of Winfield had the first rural telephone.

AUTOMOBILES

The first automobile in Reedsburg was owned by Dr. C. A. ROOD.

AEROPLANES

The first aeroplane in all Sauk County was purchased by Mr. Cecil E. HESS in 1928. Mr. HESS erected the present hanger at the Reedsburg Airport, and it houses his plane.
Submitted by Carol