HISTORY OF OUTAGAMIE COUNTY 517 claimed to have formed in the case. Judge Howe presided with his usual vigor-and dignity. The case was finally continued. In May court was again occupied with the Schoeffler murder case. Out of ninety-six men summoned, a jury was at last obtained. The prosecu- tion was conducted by S. R. Cotton of Green Bay, aided by several Appleton lawyers. The'defense was conducted by Smith & Ballard of Appleton, Howe & Haynes of Green Bay, and Charles Weisbrod of Oshkosh. This was the most hotly contested case ever in the county up to this date. The lawyers were able, combative and brilliant, the jury was composed of the best citizens and the court was fair and impartial. During this session several important trials were held. Among the leading lawyers in attendance were Alden S. Sanborn, Smith & Ballard, J. B. Hamilton, S. R. Cotton, George H. Myers, Frederick Packard, Wheeler & Bouck, Elbridge Smith, J. A. Eastman, Howe & Haynes, Edwin Wheeler and others. Smith & Ballard were counsel in almost every case. Mr. Sanborn also was active. Often Sanborn was pitted against Smith & Ballard. In Agusut the Crescent insisted on its right to criticize the man- agement of county affairs and to oppose extravagance or incapacity of public officers. It criticized the allowance of $200 to S. R. Cotton, attorney of Green Bay, for services during the recent murder trial of Fred Schoeffler. It criticized the state of affairs which called for extra counsel when the county already had a district attorney. It insisted that if the district attorney was incompetent he should be removed and another one appointed. Concerning the Schoffler murder case the Crescent of April 20, said: "In his anxiety to be impartial it was evident that Judge Howe leaned toward the prisoners. Indeed, he charged the jury, in sub- stance,, to acquit Mrs. Christina Schoeffler and said there was serious doubt as to the sufficiency of the proof against Fred. The jury re- turned into court with a verdict of guilty of murder in the first de- gree against both defendants. On Tuesday a motion for a new trial was argued and granted to Mrs. Schoeffler on the ground that the verdict was not warranted by the evidence. The judge took occasion to advise the district attorney not to bring her case before another jury. The-motion for a new trial in Fred's case was denied, but as his counsel chose to take it to the supreme court on a bill of excep- tions, he was remanded without sentence. The old lady was admitted to bail in the sum of $500. As there is already much dissatisfaction expressed as to the result, we will refrain from any comments calcu- lated to inflame the minds of a law-abiding people." The indigna- tion of the people of Outagamie county was general when Schoeffler was acquitted of murder in another county where the case was taken from this. His guilt was not doubted by the people here. The Cres- cent was not choice in language in expressing its contempt for the verdict and result. An important murder trial in 1854 was that of Kern Brennan, James Tewey and Michael Tewey for the murder of Martin Ryan. The jury rendered a verdict of manslaughter and fixed the punish- 518 HISTORY OF OUTAGAMIE COUNTY ment at confinement in the penitentiary for eight years. Smith & Ballard, George H. Myers, Frederick Packard and A. S. Sanborn were engaged on this case. In October, 1854, the court records showed only two important criminal cases pending. There was no district attorney, the previous one having moved elsewhere. Perry H. Smith was a prominent citizen of Appleton. He was the first county judge, 1853-54 and had the confidence of the com- munity. He was a candidate for the assembly. William Johnston became county judge at the fall election in 1854. The official returns of the several counties in this district gave Judge Smith, the demo- cratic candidate, a majority of 337. Outagamie and Shawano coun- ties together gave him a majority of 112. In the case of Reeder Smith vs. Amos A. Lawrence late in 1853-54, argued before the Supreme court in December, 1854, the former was represented by H. S. Orton and the latter by E. G. Ryan, two of the ablest lawyers in the state, besides several lawyers from Appleton. The resignation of Timothy Howe, judge of the district court, made it necessary to elect his successor in 1855. Among the candi- dates named for this position were D. E. Wood, republican, John G. Eastman, democrat, Robert Flint, Charles J. Eldridge, D. C. Blod- gett and S. R. Cotton. The judge not appearing at Appleton in May, 1855, no term of circuit court was held and all suits commenced were carried over to the October term. The people of Outagamie county were interested in the election of the judge of the Fourth district, because such judge, it was pro- vided, would hold one term of court in this county. The fall term of the circuit court began October 15, 1855. Hon. S. R. Cotton, judge presided; P. Hunt was sheriff, A. B. Everts, un- dersheriff, H. S. Eggleston, clerk. The docket was small and the cases were unimportant, with one or two exceptions. At this session of the court the proceedings commenced at two o'clock p. m. on Mon- day and were wholly concluded by five o'clock p. m. on Tuesday. It was stated at this time that there had been no jury term of the circuit court in this county for fifty-three weeks and that although the grand jury had patiently inquired and investigated for more than a day they did not find a single indictment. The Crescent de- clared that this fact spoke volumes for the good morals of the people of Outagamie county. In February, 1856, the Crescent and many citizens insisted that the legislature should divest the president of Appleton of judicial powers and give the village a police justice; also give the treasurer instead of the marshal the right to collect taxes, and permit the cor- poration to compel lot owners to plant shade trees. In March, 1856, the legislature fixed the time for holding court in Outagamie county on the third Monday of January and October and fourth Monday of April of each year. , At the April term, 1856, of the circuit court Judge S. R. Cotton, .presided; L. B. Noyes was district attorney; A. B. Everts, under- sheriff; and Samuel Ryan, Jr., clerk. Among the attorneys present HISTORY OF OUTAGAMIE COUNTY 519 at this term were Smith & Ballard, George H. Myers, Bouck & Wash- burn, Frederick Packard, R. P. Eaton, J. B. Hamilton, James H. Howe, C.,Coolbaugh, Myers & Howe, John Last, John Jewett, Jr., Wheeler & Edwards and Brush. Smith & Ballard. The docket was small, though there were a few important cases. In the circuit court in April, 1856, Judge Cotton held that the village treasurer could be compelled to pay over funds in his hands upon a judgment against the corporation even though no demand for payment had been made upon and refused by the village board, and that he was legally bound to pay out money only upon their duly authenticated orders. If they refused to pay, the remedy was by judicial process. In November,.1856, a special jury term was called to try Emer- son Sanders who was indicted for the murder of Joseph Rock. The prosecuting attorneys were Charles Jewett, Jr., and Frederick Pack- ard. The defendant's case was conducted by T. O. Howe and James H. Howe. Judge Stephen R. Cotton heard the case. The jury remained out until three o'clock in the morning and upon failing to agree were discharged. The defense put up by the Howes was said to have been masterly in the extreme; undoubtedly it was due to their skill, sagacity and ability that the jury were unable to reach a decision. The great land suit between Reeder 'Smith, complainant, and Amos A. Lawrence, defendant, involving a heavy land interest in the Second ward of Appleton, was argued before Judge Cotton at Green Bay. T. O. Howe appeared for complainant and George H. Myers for defendant. The decision was held over until the April term. It was not a jury trial. It was believed that Mr. Smith would recover half the property in dispute. "If Amos A. Lawrence had come to Appleton himself and attended to his own affairs instead of trusting to, and following the advice of, land sharks and hungry lawyers he would have realized $20,000 more than he has from his Appleton property and this suit would not now be hanging as an in- cubus upon a large and valuable part of the Second ward of the city." -(Crescent, March 7, 1857.) At the April term Judge Cotton decided that Reeder Smith should recover the undivided interest in the property claimed in the Second ward in Appleton. It was announced that the decree would be awarded in July. The docket was comparatively small and was hurried through by the court in a few days. "Judge Cotton is a very popular jurist with the people of Outa- gamie county. His promptness in despatching business, his quick conception and familiarity with the intricacies of the law, together with his plain, straight-forward way of administering justice without fear, favor, or affection insures him the esteem of all."; -(Crescent). At this term the district attorney took steps to bring suit against Robert Morrow who had previously usurped the office of county treas- surer, for the balance claimed to be due the county.