Iowa County WI Archives Court.....Mitchell, William Henry November 30, 1865 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wi/wifiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy Poquette npoq@hotmail.com January 2, 2007, 12:06 am Source: Iowa Series 24, Box 49, #1661, Univ. Of Wis. At Platteville, Karmann Library, Sw Wisconsin Room Written: November 30, 1865 State of Wisconsin vs. William Henry Mitchell on complaint of William Gedye: “Affidavit was made by complainant before R. L. Read, Esq., Nov. 30th, 1865, and also a warrant, which suit was removed and brought before me, on the 1st day of December 1865 [following the close of the Civil War that year]. The constable having the defendant in court, and at the request of the defendant a venire was issued and given to Constable Connaughton for service and returned with the following named persons, viz: Christopher Striker?, Sampson Rickard, Richard Oats, George Wilkinson, James Owens and Harvey Keys and subpoenas issued to each of the following named witnesses, to wit: “Mrs. Gedye, George Gedye, William Tregay, Thomas Short, Mrs. Allcorn?, Mrs. Holroyd, William Robison, THOMAS MITCHELL, William Mitchell, James Tregillas, William Phillips, John Hutchinson, James Bennett, Charles Williams, Benjamin Bennett, Edward Jeffery, and Charles Sherman. Said venire and also all of said subpoenas were returned by said constable, endorsed served. Both parties agreed to continue said suit until the 2nd inst. At 9 o’clock am.” “On 2nd inst. both parties appeared and Christopher Striker, Sampson Rickard, Richard Oats, George Wilkinson, James Owens, and Harvey Keys were duly sworn and empanelled as jurors to try said cause. William Gedye, Mrs. Wm. Gedye, Geo. Gedye, Mrs. Phillips, John Hutchinson, James Bennett, Charles Williams, Benjamin Bennett, Edward Jeffery and Charles Sherman were sworn and examined on the part of the prosecution;” “William Tregay, Thomas Short, Mrs. Allcorn, Mrs. Holroyd, William Robinson, THOMAS MITCHELL, William Mitchell, and James Tregillas were sworn on part of the defense. And after the testimony was all taken, the jury returned the following verdict: (We the gentlemen of the jury find the defendant guilty) signed, J. A. Owens, George Wilkinson, R. Oats, S. Rickard, H. Keys, C. Striker, whereupon the jury was discharged and the defendant, William H. Mitchell was by the justice, fined $30 and cost of suit. An appeal was immediately asked for, the proper bond being made, and sufficient security taken, the above with all of the papers belonging to said suit is therefore sent up to the Circuit Court of Iowa County, Wisconsin.” William Gedye, being by me duly sworn, deposes and says: “That heretofore, to wit: in the town of Mineral Point in said County of Iowa and State of Wisconsin on the 29th day of November, 1865, with force and arms, etc, one William Henry Mitchell of the said town of Mineral Point, Iowa County, State of Wisconsin, willfully and maliciously and without cause did break and enter the close of him, the said William Gedye and did then and there with force and arms aforesaid, willfully, maliciously and without cause break down and destroy the fence of him, said William Gedye, which said fence then and there belonged to and enclosed land owned and occupied by deponent and not belonging to the said William Henry Mitchell, said fence being then and there situate on the following described land, to wit: The NW quarter of the SE quarter of Section #19 in Township #5, North of Range #3 East of the 4th principal meridian in Iowa County, State of Wisconsin; “And that the damage sustained by the said William Gedye by the acts aforesaid amounts to and is of the value of $5.00, and against the peace and dignity of the state of Wisconsin. Wherefore, deponent prays [photocopy end cut off].” [The following pages were written in one of the earliest forms of shorthand, making it difficult to know what all the symbols mean, at least for this transcriber, who has never taken shorthand instruction.] State of Wisconsin, vs. William Mitchell. Prosecution brought in Dec. suit 49 of page 943 Re Stat 1859. Roads p. 265 Sect. 85. Rec. Stat ?849 p. 179 Repealing a revision Res. & S& 59 p. 1038. Wm. Gedye. “I know NW quarter of SE quarter of Sect. 19, T5N R3E. I own that 40 acres a year in ___. Purchased of Mr. Hutchinson. Was there 4 Nov. ‘65. Were fences placed there by me. Wm. Mitchell came by and broke down fence, and said wat lak no dnil. I told him I would see to it. Fence broke down I amplely. With J. Short and Mary Mitchell m/ [mother of] defendant present. I not applied to board for private road. I know of Board of Supervisors. Board Jas. Spensley, Wm. Phillips and another, whose name I did not know. Breaking down fence not great value. Spirit ten & brubl. $5 damages.” Wm. Gedye-“I have lived there 10 or 11 years. Commenced fencing last summer. 4 Nov., 8 or 9 o’clock night Mitchell south of him from there. Was 3 poles high and good fence with oak posts. 3 rails by 3 rails, when he broke it down. Broke down east string, west string. Built them ?until 10 posts to ?des up east string. New ground broke up. I found other side broke down in M. M.’s. No other way for him to get through. Called at the new ?lng ?pels cross road ?nf. Would have to be that all the time. I found it down about 12 and put ?them up. I went to bet? shmps? and put ?tin ?nhbor [?neighbor’s] side. People traveling mrks of ?wells as over other prares, Was road ___hauled there. Dark Henry and John Rowe and defendant hauled there. No business of people except to go to Mitchell’s and Dark Henry. Have not seen people often. Have not seen Jonathan Inch, but I wit wo of ha crossing 40. There is a track, can’t tell how far from track. Inch was working $1.00 day payment. These 3 posts broken. There is 2 places where Mitchell can get out. Nearer and better road is south from Mitchell’s. Road would pass over land which I believe belongs to defendant. H___ Maynard has fence there. This track runs down to creek and stops. Lived ½ mile from where fence trod down.” Mary Gedye-“I saw Wm. Mitchell 4 Nov. Wm. Mitchell ?nikd down poles and went through. White oak posts. ?hurt us ?oned ?laky our fence Mitchell said. __________________ And go through. __________________ placed there and go through.” Defense N____ Short-“Know Wm Gedye and Mitchell. I was with Mitchell when he took down fence in November. Mitchell going home from Mineral Point ?urt bl; ?prep ?int. Saw Mitchell ____ nt form brush. Was 2 or 3 rails. ?Tro’le rails back. Only took down ?prc to enable him to go through. Next string open. ____ ____. Had lived in neighborhood 17 years. Traveled on track. Known it for 17 years. ____ public traveled road. Ridge road, only good road to go over. Has been used by everyone that goes there. There are 2 or 3 neighbors that must use that road. Mineral Point is market town. Had lead hauled in many times and wood too and said __ out ______________ can go to ____ nor obstructed til last summer. Go to church from Barreltown in that road, go another 3 miles from defendant’s to city, and road strikes Survey Road.” “William Mitchell has family; Henry Maynard, a black man and family; John Rowe used road, Jen Jones and Inch. I’d call the road south mt [mighty?] great express. We’ve had ___ hauled over. I call public highway. Henry Maynard’s fence runs across road with gate and bars. Have to open gate and bars to get into ___ of Maynard’s road, running to Spensley’s Furnace. There is a work place for washing mineral. Defendant passes from defendant’s ____. Have used this place for washing ore, working on road and cutting up rock.” “Sophie Allcorn-“I lie ½ mile from place. Have lived there 26 years. Known road and traveled for 3 or 4 years. Has been plain open track. Often traveled ___ __ no obstructions til last summer. Called ___ ?times. Last called at that ?w/o the w__. I live east from Mitchell’s. Stream runs west through Mitchell’s field. Creek goes _ Pecatonica. Pecatonica runs south. Road stops at creek or between. Traveled from between for hauling hay. I live close _ Survey Road. Don’t know of road by Spensley’s Furnace.” Thomas Mitchell-[This is not Thomas Ward Mitchell, father of Nettie Mitchell, but Thomas Ward Mitchell, his uncle, brother of his mother, Mary Mitchell.] “I know defendant Wm. Mitchell and know Gedye. Live in Mineral Point and lived there 17 years ago, where road is. Lived there 2 years. Was traveled then. Would go that road 2 out of 3 times. Inch and Jones live on other side of creek. Takes it agoing to Mineral Point. Haul wash __ on road. Mitchell has used road in going to and from Mineral Point. 1½ miles to from creek to Survey Road. Creek is before Mitchell down where I hauled wash ___. Past road by Spensley’s Furnace. Can’t see track east of Mitchell house, running south is ? path.” William Robinson-I resided in Mineral Point 9 years. Don’t reside there. Know Gedye 10 or 12 years. I heard Gedye’s testimony. Lived in Mineral Point from ’44 or ’45 til ’54. Plain traveled road, running west from Survey Road, 1½ miles. I have traveled it 5 or 6 times per year. I have known road ____ ?worked ___ and know by whom it was performed. Don’t know land by hospital. Only cognizant of 1 track. ____track Mr. Gedye uses, I believe. There is ?tracked run ?kind ?led going to Spensley’s Furnace Road ________ ?oist up Mitchell. The track continues past Mitchell’s house ½ mile. Used from Mitchell’s Creek to Pecatonica. Never traveled beyond Pecatonica. Road on other side ?redt ?lek ?tis Maynard has fence across road. Bars there. No track running in ?derekt land south. Road from his house would first go east, then south, then west, then southeast again. Went to Mitchell’s usually in visit.” Thomas Tregillis-“Resides in Mineral Point. Has lived in that neighborhood for 27 years. Mitchell’s family go in that road to public school and Jones’ children and Inch’s. Never seen anyone work on road. Does not need great deal work. A family ?brmnab in Pecatonica Stream. Runs ¼ mile beyond Mitchell’s. There is bob__ on Pecatonica about [or above] side. Used beyond Mitchell’s for w__ purposes. Road in Gedye’s land strikes his land west of this road. Jones, Inch, Black Henry live west of Mitchell’s. Holmes family live west. No bridge cross Pecatonica. Can cross bob__ with load of hay if wet season very bad.” “John Inch-“Live at place called “?Dunard ___. Know road and place of fence where torn down. Lived there 15 years. Traveled all year round until summer. Came from Linden Road. I would have to pilot team cross. I live on west side of Pecatonica and go past Linden Road. Sent boy cross Pecatonica to go to school this winter, at Barreltown. I was overseer of road for several years. There is steep place near Mitchell’s place and have allowed Mitchell to work his tax on this road where he wanted to. ___ ?fund ___ ___ between roads. I allowed Mr. ?Chipman to work on road. There is a road from Gedye’s to Mineral Point. Did not have ?hay to ?Short on road where fence was broken down. Track through Williams’ field to Mineral Point, his field south of Gedye’s. There was never way through Williams’ field to Mineral Point and Barreltown. Track road called ?be, made from Mitchell’s land east to Barreltown Road. Mitchell ? approved road north of his line between Mineral Point and Survey Road.” John Rowe-“I know road 10 or 11 years. Every person traveled road that wanted to. I have often traveled myself. Usually traveled road from Survey Road to Pecatonica. Another road leading to Williams’ land runs south of this road as ?well used as this road. Haven’t gone to visit lately. Mitchell used road going to Mineral Point. ?Chapman used it. He lived where Black Henry now lives.. Have used other road through Williams’ filed.” Rebutting testimony Joan Hoar-“I have no ___ of ?pcbu of road.” M___ Bennett-Am granted rights Gedye’s land. Charles Calloway who lived in ? rift south of Mitchell. He made road or all three and man could go where he pleased. I have gone west on this land after wood and hay. I know of raod on top of ridge going south towards Spensley’s furnace.” Charles Williams-Known land 12 years. 3 tracks over land. One runs west and south part of 40 of Gedye’s. Other runs NE and SW. Other pretty near east and west except north east and west to Mitchell’s. One leading to Mitchell’s runs west ¼ mile beyond Mitchell’s. His house is north of track. Tracks to Wm. Mitchell’s house from this road runs ?netan Gedye’s land. Track road by Spensley’s is better and most traveled. No neighbor had a cam____. Barreltown had road laid out running to height of ridge. Was south road laid out.” Benjamin Bennett-“Never public highway. Was plaintiff’s land. My 2 brothers and brother-in-law first made this road for the purpose of hauling wood. Was open ground to here. A person go anywhere. Mitchell used southern road ?iner in ? Ocrat line. Any load Mitchell can haul to top of hill, he can haul on south road. Never claimed a public highway in my neighborhood. Mineral Point ¾ mile from furnace.” William Phillips-Have lived in this neighborhood 20 years. Not ?trab of public highway. Are wagon tracks leading out at Jenkins. Tracks we don’t consider highways, we contend the south road is better. That is my opinion. ? Exp ?art view to see.” John Hutchinson-Know where fence was broken down. I conveyed land Gedye. Owned it 10 years. No public highway and always refused while I owned it. There was a path where any man wanted to go. Road by Spensley’s Furnace best. I bought road of Tom Harvey. Looked over land with Harvey. Never knew of public way there. Was not refused travel as long as land was fenced. Told Gedye would not have agreed to road.” Charles Shannon or Shaunce-I know where Wm. Mitchell lives. I ____ _____ 1 road. Can’t say which is best route for road.” James Bennett-“Never public highway. Self and brother made the tracks. Never used for any other purpose than hauling hay.” Mr. Jeffery-“Have lived in ½ mile for a good many years. There is hay land on Pecatonica bottom. Never saw highway work done on road. Never heard tell of this being a public highway.” File at: http://files.usgwarchives.net/wi/iowa/court/mitchell30gwl.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 14.6 Kb