"Hush My Babe"
Bob Andrews
After the territorial organization in Wisconsin the territory was divided
by the national government into two judicial circuits, the eastern and
western districts. Portage County was placed in the western district and
the first court was held in the Village of Plover in August 1845, United
States Judge David Irwin presiding. The court was held in an unfurnished
warehouse owned by John Curran, the father of the Curran brothers, and
donated by him for that purpose.
Judge George W. Cate, in 1896, told the first session of the United
States court held in Portage County: "The court convened on the last Monday
in August (25th), 1845. Present: David Irwin, Judge; George W. Mitchell,
deputy United States Marshall; Melson Strong, Sheriff; and George Wyatt,
Clerk.
"Sheriff Strong being out of the territory, he appointed George
W. Mitchell Undersheriff, and Mitchell appointed William Fellows of little
Bull Falls and a man named Wilder deputy sheriffs for the term. A grand
jury was in attendance, some of which had traveled a hundred miles for
that purpose. It was an event looked foreword to by the isolated population
scattered in logging camps, at sawmills and shingle shanties remote from
each other. A first term of court in a western country was an epoch. Everybody
attended. Frequently campfires were built and people sat about them all
night. A load of people came from Madison, 125 miles, in a two-horse wagon
to see the first term of court in the pinery. All the possible elements
of character were represented from the 'strictly temperate' to the 'half
seas over'. By the time the grand jury had been sworn in, the latter were
becoming prominent. One Robert Wakely, a man of high social qualities,
whose good nature never forsook him even when drunk, rode his horse into
the courtroom by the wide door, just to solute the Judge. He held
his hat off to the right of his head as in military salute, looking straight
at the Judge, a sweet smile lighting up his countenance, and softly singing
that ancient lullaby commencing, 'Hush my babe, Be still and slumber,'
all the time forcing his horse along.
"The Judge was wild. He was recently from old Virginia, a man
of great learning and a high appreciation of the law. He demanded the arrest
of the intruder. Many thought it funny and would pat Wakely on the back,
but more frowned upon it. The Marshall had stepped from the room and the
Deputy Sheriffs were slow to act, Mitchell was sent for. He came and proved
himself to be a man who not only knew his duty but also had the nerve to
do it. He speedily took Wakely from his horse and had him before the Court.
The result was that he, Wakely, was severely reprimanded and imprisoned
in the Marshall's bedroom a day or two and then Judge Catlin of Madison,
an old and highly respected citizen, obtained his release by reason of
the many good qualities of Wakely."
So ended the first court case in Portage County.
Note: Mr. Bob Andrews depicted this historical event in an etched
picture in 1987. He presented this picture as his gift to the public
of Portage County on the occasion of the bicentennial civic celebration
of the Constitution of the United States. The original artwork now hangs
on the second floor of the Portage County Court House as part of panel
one of the historical display of law in Portage County.
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