Page:The Green Bag (1889–1914), Volume 09.pdf/48

 The Supreme Court of Wisconsin.

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but he prudently kept out of their way. He died in Texas, June i, 1872, at the age of about seventy-six years. The kindness DAVID IRVIX, who was judge of the ad with which his contemporaries, members of ditional district of Michigan Territory for the bar, speak of him, attests that he was the Counties of Brown, Crawford and Mich- upright, honest, fair and generally right. ilimackinac, and afterwards an associate Among the traditions of Green County, justice of the supreme court of Wisconsin where he sometimes held the term, it is re Territory, was born in Albemarle County, membered that he would adjourn court at a Virginia, about 1/94, of Scotch-Irish par moment's notice to go shooting chickens. entage. His father was a Presbyterian min He used to say that " his horse Pedro had ister and teacher of the ancient languages of more sense than any lawyer in his court." much repute in Virginia. The son was edu He was in the habit of consulting Mr. Whiton cated as a lawyer and settled in the Shenan- before deciding a cause, to get an idea of doah Valley. Not especially successful in what the law was. It is recorded that in practice there, he obtained from President 1841 he gave the following charge to a Jackson, through the influence of William jury: "It appears from the evidence that C. Rives, a judgeship of the then Michigan the plaintiff and defendant in this action are Territory, in 1832, and upon the organiza brothers-in-law. On the Wabash River, in tion of the Wisconsin territorial supreme Indiana, they associated themselves together court he was appointed associate justice. for the purpose of swindling their neigh He was a man of southern tastes, a bach bors. Not content with that, they got to elor; and judicial duty and western society swindling each other, and I am like the were distasteful to him. He spent most of woman who saw her husband and a bear his time in southern cities. Not a profound fight. 'Fight husband, fight bear; I don't nor studious lawyer, he was regarded as a care which whips.' And, gentlemen of the fair judge, his strong common sense and jury, it is a matter of indifference to me love of justice guiding his rulings. He had how you bring in your verdict." Five min the keenest relish for field sports, and for utes after the jury had retired the sheriff was his horse, dog and gun. It used to be said instructed to see if they had agreed. In that the lawyer who praised his dog usually formed that they had not, he immediately von his motion. His horse, " Pedro," and ordered in the jury and discharged it. his dog, " York," are fully described in the Another incident of him was told by gossipy collections of the State Historical Andrew E. Elmore, well known in the State Society. The Judge is described as six feet for half a century as the " Sage of Mukin height, very erect and well formed, wanago." In a speech in the legislature, auburn hair, blue eyes, and narrow features. to illustrate the uncertainty of the law, he He was fond of hunting prairie chickens, said that he once had a case on trial before and was a little whimsical. The gossip of Judge Irvin. The case seemed very clear the time said that he mended his own for him, and the jury brought in a verdict in stockings and sewed on his own buttons. his favor for the amount of the claim. Just He was very frugal, detested vice, saved his then, as the winner of the suit sat in the bar pay and invested it in wild cotton-lands in with his counsel, "York" became annoyTexas, which, later, made him rich. The ingly familiar, and he unluckily gave the Wisconsin soldiers during the Rebellion dog a kick, which caused a yelp to reach found him there on the Rio Guadalupe, and, the Judge's ears. The Judge's brow instant it is said, verc ordered to take him prisoner, ly grew dark and he set the verdict aside. nent bar of lawyers who gathered in the territorial courts.