website watertownhistory.org
ebook History of Watertown, Wisconsin
The
Best Damned Lawyer in Watertown:
The
Bill Cody Story
First part written by Ben Feld
Proofed, reformatted and
annotated by Ken Riedl
INTRODUCTION
By
the early 1860’s, Dr Cody had established himself as a popular, trusted
physician in Watertown and, apparently, in the state as well. In April, 1862
his services “on the field of Pittsburgh” were requested by Gov. Harvey. His
service there was short, however, for in January, 1863 the Secretary of War
appointed Dr. Cody Medical Pension Examiner of the state of Wisconsin. Just how
long he served in that capacity is not clear, but it is apparent that his
practice in Watertown flourished. There is no indication that the family life
of the Codys was anything but pleasant. Over a period of time, Dr. Cody
accumulated two houses and at least a dozen farms in and around Watertown. By
the end of the Civil War, the Cody family consisted of Dr. and Mrs. Cody, a
daughter who married J. Salick, and three sons, James, Edward and William.
Although
the end of the Civil War brought peace to the county in general, it was just
the beginning of the troubles which would plague the Codys for many years. The
Watertown Democrat reported the first of a series of tragedies:
In Fulton, Illinois, on the 1st of May, 1865, JAMES M. CODY, son of
Dr. James Cody of this city, in the 16th year of his age. He was pursuing a
course of study at a military school in the place where he died, and the
intimation his father had of his son’s sickness was on last Saturday. Dr. Cody
immediately started to visit him, but before he reached his destination, was
met with the sad intelligence that his boy was no more. The remains were
brought to his home here, last Tuesday afternoon and he who went away with high
hopes and a thousand blessings for his health and welfare is sorrowfully
brought back shrouded for the grave, making desolate the household his presence
would have filled with gladness. Such is life, and such are the dark shadows
that may any hour fall across the sunniest pathways.
WD
Four
years later a second son, Edward, died suddenly.
In the city of Watertown, on the 13th inst., at the age of 16 years
and 11 days, EDWARD D. CODY, son of Dr. James and Adeline Cody.
The sudden death of this exemplary and promising youth is a severe
and trying affliction to his bereaved parents, being the second son, whose
untimely loss the have been called to mourn within
the past four years. The many hopes that clustered around him render his death
all the more painful to the family circle, thus sadly broken by the departure
of the one so cherished and beloved. The tender sympathy of numerous friends
will be with the sorrowing parents and relatives, but no ministrations of
kindness can alleviate the anguish of such dispensation.
WD
Dr
Cody's life was further devastated by the death,
August 8, 1872 of his wife Adeline, the daughter of Captain James Rogan, "A sincere Christian,
warmly cherished and tenderly beloved by those she knew". At the time of
her death, the couple had two living children; a daughter, Mrs. J. Salick, who
lived on West Washington Street, (Note:
In the 1880's there were two Washington Streets; one west of the river
commonly referred to as North and South Washington, and an eight-block street
running from South First Street east to North Street, today called Market
Street. It is unclear which part would have been called West Washington) and a
son, William G. Cody, who appeared to live at "the homestead". Dr. Cody and Theresa, nee Kelly, his second
wife, who he married January, 1889 had two minor sons at the time of the
divorce proceedings which so shocked the community.
Part I
__________________________________
THE DIVORCE
Some
said he did it to assure his inheritance of all his father's wealth; some said he
genuinely loved his father and wanted only to bring an end to an unhappy second
marriage; but whichever it was, surely young Bill Cody (no relation to the Cody
of buffalo fame) did not expect to start a chain of events which would soon
pique the curiosity and interest of the entire state. And surely he did not
expect things to turn out quite the way they did.
Judging
from the lack of newspaper articles indicating otherwise, the marriage of Dr.
and Mrs. Theresa Cody seemed to be normal with no hint of any trouble until
Thursday, July 2, 1885:
Thursday afternoon at 11:00 o’clock Dr. James Cody was
discovered in his office in a comatose state, suffering from what was supposed
to be a fit of apoplexy. The news of his alarming condition soon spread on the
streets and several physicians were at once summoned to render him assistance.
Remedies were applied, but it was several hours before there was any relaxation
of his dangerous symptoms. Before evening, however, he revived sufficiently to
be able to articulate a little, but continued in such a state of stupor that it
was not deemed prudent to remove him to his home until Friday evening, since
which time he has been improving slowly.
WR
For
six weeks the community must have assumed Dr. Cody was convalescing and were
not prepared for the revelation, when it was revealed in the Milwaukee Journal,
that trouble was brewing in the Cody household.
The community was thrown into considerable excitement Saturday
evening by the receipt of the news trough a telegram from Juneau appearing in
the Milwaukee Journal that Dr. James Cody, of this city, had commenced
proceedings in the Dodge County Circuit Court against this wife, Theresa Cody,
for absolute divorce. Somers & Somers of Milwaukee, attorneys for James
Cody, filed the complaint on the 14th inst. Among other things the complaint
sets forth that the plaintiff and defendant were married January 27, 1880, and
their issue is one child, a son, four years old.
WR
The
legal mill begins to turn. Charges and countercharges, demands and counter
demands are filed.
Mrs. Theresa Cody, through her attorney, Harlow Pease, has filed
with a Clerk of Court at Juneau an answer to the complaint made against her by
her husband, Dr. James Cody, in which are alleged grounds for divorce, the
defendant in said answer denying each and every allegation set forth in said
complaint. A demand is made for a change of venue in the case to Jefferson
county and a order for alimony to the defendant has been allowed by Judge Sloan
in the sum of $75 per month, and $150 for expenses in part for defending the
action for divorce or any other personal property on the premises occupied as a
homestead is not to be interfered with.
WR
Somehow
the Milwaukee papers and the Chicago Tribune learn about Dr. Cody's troubles.
Their reports give us a closer look at what was transpiring.
The
Chicago and Milwaukee papers have lately contained several startling episodes
in the matter at issue between Dr. James Cody and his wife. The following
special relating to this interesting case appeared in the Chicago Tribune of
last Friday and opened up a new denouement in the sad affair:
STEVENS POINT, Wis., Sept. 17 - The Dr. James Cody divorce case,
of Watertown, in this state, came to the surface here today. Mrs. Cody arrived
in the company of Mr. And Mrs. D. D. Scott, of Watertown. This morning she went
before County Judge Kingsbury and obtained a writ of habeas corpus alleging
that he husband was restrained of his liberty at the house of Dennis Peters.
Armed with this writ Chief of Police McDonald preceded to the Peter’s
residence, At first he was denied admission, but upon his threat to break the
door in it was unlocked by Mrs. Peters. A search of the house from cellar to
garret and of the barn was made, but the doctor could not be found. In an
interview this afternoon Mrs. Cody charges all her troubles to young William
G., son of the doctor by his first wife. She thinks the doctor has been
stopping with the Peters family nearby ever since the separation took place,
almost two months ago. The doctor is supposed to have been seen here yesterday,
and is supposed by Mrs. Cody to get a personal interview with her husband all
would come out with. It was to obtain this interview the journey here was made.
It is stated that since his arrival here the doctor has made over to his son
about $13,000 of personal property, consisting mostly of mortgages here simply
as mutual friends of both parties.
Next in order the Sentinel of Sunday published the following
summary of news about the doctor from which it would appear that he left
Stevens Point and proceeded to Milwaukee:
Dr. James Cody, a prominent physician from Watertown,
mysteriously disappeared from the Republican House, in this city, at a late
hour on Friday night, and all day yesterday detectives, relatives and lawyers
had been searching for him. Various rumors were afloat yesterday as to his
whereabouts, but none of them have as yet been substantiated. It was believed
by some that he had been abducted by two detectives in the employ of his wife,
from whom he is seeking a divorce; others believed that he quietly left the
city, while the police are inclined to the theory that he committed suicide
because of his domestic troubles.
Friday evening Dr. Cody, accompanied by two ladies, came to
Milwaukee. They registered under factitious (sic) names. The women were
assigned to a room adjoining Dr. Cody’s, and on his retiring Friday night they
locked the door of his room and kept the key in their possession. About 1
o’clock at night there was a call from Dr. Cody’s room. When the bell boy
reached it he was obliged to use his pass key to secure admittance. As the door
was opened, Dr. Cody passed out and left the hotel without saying a word to
anyone, and since that time he has not been seen. He was missed at an early
hour yesterday morning, and the police were notified, and Dr. Cody’s son was
summoned by telegraph from Watertown. Detectives who worked all day on the case
were inclined to the theory that the doctor had ended his life, as he had
previously made an attempt at suicide. From over a column of later developments
contained in Monday’s Sentinel we clip the following:
Dr. James Cody, the Watertown physician, whose mysterious
disappearance from the Republican House was reported in The Sunday Sentinel was
found yesterday, and he is now in the custody of his son. He was found on the
road to Wauwatosa by E. E. Davis, the druggist doing business at the corner of
Wells and Eleventh street, by whom he was brought back to the city.
“I was driving along the road to Wauwatosa,” said Mr. Davis to a
Sentinel reporter last evening, “and just before reaching the bridge beyond
Chestnut street, we overtook Dr. Cody. He was going in the same direction -
towards Wauwatosa - and was walking in the middle of the road. I could scarcely
believe my eyes, yet I could not be mistaken. I had known Dr. Cody from
boyhood. He and my father had been the warmest of friends for many years. He
was covered with mud, his clothes were wet, and he looked as if he had been out
all night in a rainstorm. He was a most wretched looking object. As we overtook
him I called out to him and asked:
“What in heaven’s name are you doing here? Where have you been?”
“The doctor seemed greatly distressed and humiliated. I knew of
the trouble he was having with his son and with his wife, and I had seen the
account of the flight from the Republican House in The Sentinel. So I did not
press the question and it was easy to see that he had slept outdoors whether
one or both of the past two nights. I immediately insisted that he should go
home with me. He readily consented. He waited by the roadside while I took my
wife to the streetcar at the head of Wells street, and I then returned for him.
“On the way to my home the doctor appeared greatly depressed and
sorrowful. When I asked him why he left the Republican House, he would only say
that William, the son, ‘was acting very imprudently, and had disgraced him very
much.’ He referred, of course, to the publicity given to the alleged relations
of his wife with Clarence Brown, and to the fact that he and the two ladies
with him at the Republican House Friday night had been registered under
fictitious names. He saw no occasion for this, and was mortified that it had
been done.”
“What time did you find him?”
“It was about half past 2 o’clock. We got back to my house
between 4 and 5 o’clock. I took him to the place where I live, 144 Eighth
street. I gave him food and cleaned him up.
I then had to go to the store and he was determined to go with
me. He was afraid to be alone, fearing that his son might find where he was and
take him away.
On reaching the store I telephoned to the police station and
told him that if anyone should call for Dr. Cody they might tell him that the
doctor was at my store. In a surprisingly short time the son, William, who had
brought the doctor to Milwaukee and locked him up in the Republican House, came
bounding into my store. He looked very nervous and frightened, immediately
asked for his father, who was then behind the prescription counter. I did not
want the doctor to go away with him and told him so. He told me that Major
Gardner was with him, and he had advised the doctor to go with him.”
Mrs. Cody, the wife of the doctor accompanied by her attorney,
Harlow Pease, and Col. D. D. Scott, of Watertown, arrived in the city yesterday
afternoon. They used every effort within their power to secure an interview
with Dr. Cody who was last seen at Daves’ drug store about 5 o’clock in the
afternoon. And until that time he said repeatedly that he wanted to go home,
but his son at length induced him to go away with him. It was thought that they
intended to go to the Republican House, but inquiry did not reveal that was the
fact. This is Col. Scott’s version:
Mrs. Cody, accompanied by Col. Scott and Attorney Pease, drove
to the house of Clerk Meiswinkel, of the municipal
court, to obtain a warrant for the arrest of Wm. G. Cody, the doctor’s son, on
the charge of kidnapping his father. Clerk Meiswinkel
refused to get out of bed, however, as it was nearly midnight. A writ of habeas
corpus was finally obtained from the Court Commissioner A.G. Fraser, directed
to William Cody, and ordering him to produce the body of his father at
Commissioner Fraser’s office, 427 Milwaukee street. The writ was given to
Deputy Sheriff Buckley, who made the round of the depots and watched the
outgoing trains, but he failed to find the missing father and son, Sheriff
Paschen also drove to residence of E. E. Davis, the druggist on Eighth street,
in the hope of discovering some clue to Dr. Cody and son. The hack containing
Mrs. Cody and her attorney was going about the streets the greater part of the
night in the vain effort to secure a warrant for young Cody’ s arrest.
Yesterday’s Sentinel contains the following on the affair:
After all the fuss made by Mrs. Cody in her vain efforts to
discover where abouts (sic) of her husband and the claim that he was detained
by her son against his will, it was somewhat of a surprise when Dr. Cody walked
into the law office of Somers & Somers between 8 and 1 o’clock yesterday
morning. He claimed that he had, with his son, spent the night at the house of
a friend in the city and that the son had gone to Watertown on the morning
train. He remained in Somer’s law office the greater
part of the day, resting upon a lounge. He seemed very much worn and spoke only
when spoken to. During the morning the doctor was visited by father Corby (sic)
the Watertown priest, of whose congregation he is a member; W. C. Spalding, of
Watertown, who attended Dr. Cody in his recent sickness, and by Colonel D. D.
Scott, of Watertown, who is working in Mrs. Cody’s interests. Dr. Cody told Mr.
Scott that he had been sick ever since he had left Watertown to go to Stevens
Point, and that he had gone through so much as to be entirely worn out. When
asked if he would be willing to make up the matter with his wife, he said
repeatedly that he would not live with her under any circumstances. He refused
to see his wife, but said he would be willing to consult her attorney as to the
amount of alimony to be paid her pending a decision in the divorce suit.
This morning’s Sentinel says that Dr. Cody was committed to
Passavant Hospital where he will receive medical treatment.
WR
Few
in Watertown were not concerned when it was revealed Dr. Cody was not in the
best of health for he was a highly respected, much loved doctor, and those
privy to the conjugal climate in the Cody household were not much surprised
when they read the newspapers of late September, 1885 and learned that Theresa
Cody had already filed for divorce. The marriage, some said, should never have
taken place.
And
the presence of young Bill Cody did nothing to alleviate any existing
animosity. From the very start of proceedings, Bill was very much a thorn in
Theresa's side. Although he supported his father completely, he never seemed to
offer the good doctor any real comfort and/or support. His testimony, during
the divorce proceedings has been preserved:
Jefferson County Circuit Court Filed
Theresa Cody Plaintiff
William G. Cody Defendant.
The above named the defendant, William G. Cody, for answer to
the plaintiff’s complaint herein, admits, denies and alleges as follows, to
wit:
He admits that on the 28th day of January, 1880, the plaintiff
and James Cody motioned in the complaint, became a husband and wife, and that
the plaintiff is a resident of the city of Watertown, in the county of
Jefferson, and State of Wisconsin. But this defendant alleges that on or about
the 13th day of August, 1885, the said James Cody commenced and action in this
court for a divorce from the said plaintiff herein, and set up in the complaint
in said action, as a ground of said divorce, that the said plaintiff was guilty
of adultery with one Clarence Brown.
That the said Theresa Cody, on or about the 16th day of October,
1885, commenced an action of divorce against the said James Cody, and alleged
in her complaint therein, as the grounds of divorce, cruel and inhuman
treatment towards her by the said James Cody.
This defendant, in answer to the first cause of action in the
plaintiff’s complaint herein, alleges that he is the son of the said James Cody
mentioned in the complaint herein, and the said James Cody, suspected that his
wife was on terms of criminal intimacy with the said Clarence Brown mentioned
in the complaint, requested this defendant, his son, to give to him such
information, and to give to the said James Cody’s attorneys such information,
upon the subject of the criminal intimacy before mentioned, as this defendant
might have upon that subject. That as this defendant is informed and believes,
one Daniel Hall, a practicing attorney in the County of Jefferson and State of
Wisconsin, duly licensed to practice law, and one George W. Bird, of Jefferson,
a practicing attorney in Jefferson County, and duly licensed to practice law,
were retained by the said James Cody for purposes of consultation and advice
upon the subject matter of bringing an action for divorce against said Theresa
Cody by the said James Cody. And this defendant alleges that pursuant to such
instructions from his father he imparted to his father much knowledge as he had
upon the subject of such intimacy; that he imparted to the said attorneys for
his father such knowledge as he possessed pertaining thereto, and that in the
presence and hearing of the said James Cody, and in the presence and hearing of
the said Daniel Hall, and the said George W. Bird, and in none others, did at
that time mentioned in the complaint, say that he saw Cass Brown come to the
house, and Mrs. Cody was at home alone, at 9:30 A.M. “I was down cellar at the
register, listening, and I heard said Brown and Mrs. Cody in the parlor over my
head, talking. That they were talking smutty and mentioned something as to the
size of Mrs. Cody’s leg, and they were also talking about what good times they
had had, and mentioned the evening of the 26th of May; and I heard him tell and
he asked her to take off her dress, and she said she wouldn’t and I heard her
grunt, and he said, ‘that is enough’ and I heard them get up and he left the
house at 10:15 A.M. and went off. The parlor doors must have been locked, as I
heard it click and door opened when they left the parlor. I saw him come and
go. And Cass Brown also said ‘don’t lock the doors’ when they walked into the
parlor. She said it was safer, and I also heard her make the remark that it was
a good deal nicer on the floor than in the buggy, as there was more room. Then
heard Cass Brown asked her to lay down on the floor again; she said no, but she
would come to his room tonight, if she could get a good chance to get out.”
And this defendant further alleges that the said words spoken by
him to his said father and to his said father’s attorneys at his father’s
request, were true, and were not uttered maliciously, or with any intent to
injure the plaintiff; and he denies that he uttered said words to any other
person or persons, except to his said father, and to the said Bird, and the
said Hall.
And this defendant and alleges upon information and belief that
said communication so made at his father’s request and to the said attorneys,
was privileged.
This defendant for answer to the second cause of action herein,
alleges that he is the son of the said James Cody mentioned in the complaint;
that the plaintiff herein is a married woman, and is now a resident of the city
of Watertown, in the county of Jefferson and State of Wisconsin. This defendant
admits that on the 8th day of August, 1885, at the city of Milwaukee, he spoke
to the plaintiff herein, and spoke of her infidelity to her and this
defendant’s father but he denied that he used the words set forth in the second
cause of action as having been uttered by him at the time and place in said
second cause of action stated. He admits that at that time and place, he stated
that in his opinion the said to plaintiff had committed the crime of adultery
with the said Clarence Brown, on the 18th day of June, 1885 in the city of
Watertown, Wisconsin and he alleges that said word were true, that he did
believe that the said plaintiff was guilty of the crime of adultery committed
at the time and place before mentioned; that said communication was made solely
to the his father’s attorneys, P. J. Somers and P. F. Somers being attorneys at
law duly licensed to practice as such in this State of Wisconsin; and that at
the time aforesaid they were retained by the said James Cody to bring an action
of divorce against the said Theresa Cody upon the grounds of adultery. That
said words were not spoken maliciously, or with intent to injure the plaintiff
herein, but were imparted to the said attorneys as a matter of information
pertinent to instructions at his father’s request; and defendant alleges that
said communication was true, and privileged.
This defendant and denies each and every allegation of the
plaintiff’ complaint not herein specifically admitted.
Therefore this defendant demands judgment that the plaintiff’
complaint to be dismissed with costs.
Somers and Somers and Charles H. Gardner
Defendant’s attorneys
Now
son Wm. G. Cody raises the ire of his step-mother.
New complications and developments have arisen in the Cody
divorce case. Mrs. Cody having commenced an action against her husband for a
divorce on the ground, alleged, of cruel and inhuman treatment, the necessary
papers being served last Friday on Somers & Somers, of Milwaukee, attorneys
for Dr. Cody in his suit for divorce now pending. Thursday evening William G.
Cody was arrested by Sheriff Illing upon an order from Judge Bennett to answer
to an action of alleged slander commenced by this step-mother, Mrs. Theresa
Cody. Damages to the amount of $50,000 are claimed by Mrs. Cody. William Cody
was placed under bail of &10,000, Matthew and Christy Smith going security
for his appearance in court. Still another suit was commenced Friday morning by
Mrs. Cody against Dr. Cody and William G. Cody for separate support, and an
order adjoining Dr. Cody from disposing of any property conveyed to William G.
Cody.
WR
In
September Dr. Cody had made over to his son about $13,000 of personal property,
consisting mostly of mortgages on Dodge County property. Now he loses some of
it.
In the Circuit Court last Thursday before Judge Bennett, G. W.
Bird, and H Pease argued the injunction case of Mrs. Theresa Cody against Wm.
G. Cody and moved for the appointment of a receiver for the entire property of
Dr. James Cody pending the result of Mrs. Cody’s action for Divorce. Judge
Bennett refused to enjoin the whole of the property but ordered $8,000 of the
personal property in the hands of W. G. Cody placed in the custody of Daniel
Hall, who was appointed receiver for the same.
WR
Now
begins, for Wm. G. Cody, over half a century of skirmishes with the law in one
form or another which eventually earned him the dubitable title of "the
best damn lawyer in Watertown".
CODY IN CUSTODY
Under the above caption the Milwaukee Sentinel of yesterday
publishes the following:
A scene which attracted a large crowd and caused a lively sensation
occurred in the office of the Kirby house about 7 o’clock last evening, when a
young man attired in a beaver overcoat was seized by an old man with a gray
beard. There was no struggle, but the telephone call for police excited the
suspicion that the young man was a criminal. A few minutes later Detective Baldwick and Burns escorted the young man to the central
station, accompanied by the old gentleman. The prisoner was William G. Cody,
son of Dr. James C. Cody, of Watertown, whose domestic troubles and mysterious
disappearance from the Republican house, and his subsequent discovery in a
deranged condition in the woods west of the city, created a sensation in this
city some weeks ago. The old man who caused the junior Cody’s detention was
Chris Smith, of Watertown, one of his bondsmen for &10,000 in a civil
action. Some hours later he surrendered the young man to the sheriff of
Jefferson county, with the bail bond.
The arrest grows out of the domestic troubles of Dr. James Cody
and his young wife, the latter being the stepmother of William. Some months ago
Dr. Cody commenced action for divorce on the ground of infidelity, and to keep
the old man away from his wife, the son caused his father to travel through the
state, finally bringing him to this city, at which time he escaped from the
Republican house. After his recovery and a meeting between himself and his
wife, he returned to Watertown, where he is a present residing with his
daughter. His wife filed a cross-bill for divorce and also began suit for
alleged slander against the son. She also had a receiver appointed for the
property of her husband, who had transferred most of it to his son, and the
latter required to give it up to the receiver. He turned over about $8,000
worth of personal property.
At the time of his arrest for alleged slander, he was required
to give bail in the sum of $10,000. His bond was signed by Mat and Chris Smith,
of Watertown, with the understanding, as they claim, that they should be given
security for the amount. It was not given however, and the bond men refused to
justify for the amount of the bond until they had security. The young man had
disappeared from Watertown, and, being legally responsible for the $10,000,
even without justifying, they became anxious to secure him. Consequently Mr.
Smith came to this city, and finding Cody at the Kirby house, caused his
arrest. Sheriff Illing, of Jefferson county, reached the city at a late hour
last night, and Mr. Smith delivered over the prisoner and bail bond to the
official at the central station. The young man was taken to Jefferson at an
early hour this morning and will remain in custody until bail is furnished.
Mr. Smith expressed his willingness to remain on the bond if the
security was forthcoming. It is probable that the young man will deliver over
to the $10,000, now in the possession of his attorney, Major Gardner, at
Watertown.
William G. Cody is about 24 years of age, and his friends regard
him as somewhat eccentric. He had been deeded about all of his father’s
property, amounting to about $50,000, of which about one-half was personal. Of
the latter he has turned over $8,000 to the receiver, about $10,000 is the
possession of his attorney, and when arrested last night he had $6,000 in
mortgages on his person. He is known as a patron of sports, and owns two fast
horses at Watertown. He has several hundred dollars in bank (sic) here. Of late
he has spent money lavishly. He purchased two beaver coats here yesterday for
$300 one of which he said he gave to a friend.
WR
Saturday last Wm. G. Cody was brought here from Jefferson to
answer before Justice Halliger to the charge of
threatening to shoot Moritz Blumenfeld, of the Weltburger,
on account of a difficulty that had arisen between them. William, being held
under a warrant from the Circuit Court Justice Halliger
could neither compel him to give bonds for the alleged offense, nor commit him
for want of jurisdiction and consequently the case was dismissed. In the
company of Sheriff Illing he went back to Jefferson where he still remains not
having yet procured bail in the action for which he was arrested in Milwaukee
on the 9th inst.
WR
The counsel on both sides of the Cody divorce case pressed
several matters of importance in the Rock County Circuit Court at Janesville,
before Judge Bennett, on Saturday. The counsel for Mrs. Cody, H. Pease and G.
W. Bird, argued that the motion for an allowance of $800 from her alimony, $500
to be allowed her lawyers to prosecute her suit, and $300 for the payment of
witness fees and other court expenses. The motion was granted and the sum
allowed. The counsel for Dr. Cody and his son, C. H. Gardner and P. J. Somers,
next moved that the bail for Wm. G. Cody, in the suit of slander, be reduced
from $10,000 to $5,000 on the ground of excessiveness. This motion was also
granted, and thus each party scored a point.
WR
Pursuant to an order of the circuit Court of Jefferson County in
the Cody case, for the purpose of raising the sum it directed to be paid Mrs.
Dr. Cody’s attorney’s, Daniel Hall the receiver, on the 12th inst. Sold to Wm.
F. Boss, the $1,000 or capital stock of the Wisconsin National Bank, of this
city, held by Dr. Cody, for $1475. So large a premium as $475 on $1,000 of its
stock, indicated the imminent standing, successive safety of the well-managed
bank.
WR
The
reluctance of the citizens of Watertown to become securities for his bail and
the ensuing sale of his father's valuable stock to pay his step-mother's
lawyers must have rankled young Cody. Could that have been the underlying cause
of his escapade about a month later?
William C. Cody, of Watertown created considerable excitement last
Saturday evening in the city of Jefferson. He asserted his pocketbook had been
stolen, run (sic) his team up and down the streets, made himself generally, the
hero of the average boy’s mind.
WR
But
now things really begin to fall apart for Wm. G. Cody. After a period of what
must have been some serious soul-searching and reflecting on the part of both
litigants, a reconciliation takes place which must have given satisfaction to
those who saw the entire divorce proceedings as the manipulations of a greedy
child.
DR. CODY AND WIFE RECONCILED
A complete reconciliation took place yesterday afternoon,
between Dr. James Cody and his wife. The doctor in company with Mrs. Cody rode
in a hack from the residence of his daughter, Mrs. J. Salick, on West
Washington street, (sic) where he had been since the previous day with his
wife, and he repaired to his old home from which he had been estranged for
nearly a year. Thus ends a case that had become celebrated throughout the
state. Its adjustment in view of all the circumstances will no doubt occasion
general surprise. Of course all the suits pending, growing out of difficulties
between Dr. Cody and his wife, will now be withdrawn.
WR
All
that remains now is the satisfying of legal requirements.
THE CODY CASE SETTLED
A settlement of the Dr. James Cody divorce suit and all the
litigation and controversy growing out of it, has at last been reached by the
mutual consent of all parties concerned. W. G. Cody, to whom most of his
father’s property had been assigned, pending the divorce suit, relinquishes all
claims, and transfers property back to his father a certain portion of it,
however, being settled upon the said Wm. G. Cody. The community will be glad to
learn that the suits connected with this unfortunate family quarrel are now
withdrawn from the courts and all the disputed points amicably arranged.
WR JUNE 2, 1886
But
sometimes family disputes are not easily reconciled. Within four months trouble
erupted again.
Last Sunday morning while Mrs. Dr. Cody was attending church,
her husband left home and was found by parties on the North Road about on mile
northwest of this city, all covered with mud, and apparently not knowing where
he was going. He was conveyed to the residence of Mrs. Masterson, in the town
of Emmet, where he is now stopping and refuses to return home. His son,
William, is with him there.
WG
The
Watertown Republican, with a flair for the dramatic, headlines their version of
the item:
THE CODY CASE REDIVIVUS
A new chapter has opened in the Dr. James Cody case, and it has
again become the chief topic of conversation. While his wife was absent at
church Sunday morning the doctor left his home, and search being made for him
he was discovered Monday morning by Deputy Sheriff Brook at the residence of
Mrs. Masterson, in the town of Emmet, in the company of his son William, who
was thought, until then to be living in Dakota. To all entreaties to return
again to his home, the doctor, it is reported, turned a deaf ear. He still
remains at the Masterson residence, and, of course, there are all sorts of
rumors afloat in regard to his escapade. It is reported, how true, we know not,
that the settlement made some months ago between all parties connected with
this unfortunate family quarrel is now going to be nullified and the
reconciliation broken. It is also rumored that Dr. Cody has yet made a will,
and this enters in as an additional bone of contention. Further developments in
this case will be watched with interest and curiosity by the community.
WR
An order from the Court has been served upon Mrs. Theresa Cody,
E. Hall and H. Pease, demanding that all the property in their hands belonging
to the Cody estate be transferred to Dr. James Cody.
WR
Street talk led THE REPUBLICAN of last week into a provoking
error in the Cody case, by publishing that the court had served an order upon
Mrs. Cody, Daniel Hall and Harlow Pease, demanding a transfer of all property
in their hands belonging to the Cody estate to Dr. Cody. No such order was made
or issued by the court, and the on foundation for a report of this kind was
based on the simple fact that E. O. Smith, of Beaver Dam, having received power
of attorney for Dr. Cody, was here looking over Dr. Cody’s matters. We are
informed by Mr. Hall that the only relation he had to the suits between Fr. J.
Cody, his wife and Wm. G. Cody, his son, was that in his absence and without
any action on his part, the court appointed him receiver to safely keep
securities specially described in its order, to be assigned to him by Dr. and
Wm. G. Cody, the same being then in the hands of Wm. G. Cody. Pursuant to this
order, they were assigned by them to Mr. Hall and then brought and delivered to
him by their attorney. Mr. Hall obeyed all; the court’s orders in relation to
the same, and when the suits were withdrawn in June last the court, by its
order, directed that he should reassign the property, amounting to about $8,000
to Dr. Cody, less what had been paid out pursuant to the court’s orders, and
its fees of $100, which were allowed. Every transaction in the matter was duly
reported to the court, and Mr. Hall’s account was not only duly allowed by the
court, but receipted in full by Dr. Cody; all of which is on file and of record
in the circuit court of Jefferson county.
WR
The
Madison correspondent of the Milwaukee Sentinel sends the following to that
paper relative to the Cody matter:
The papers in the case of James Cody vs. Theresa Cody were filed
here on change of venue from Jefferson County. In his affidavit Dr. Cody
alleges that the defendant illegally obtained from him and wrongfully retains
certain monies, securities, mortgages, accounts, books of accounts and choses
(sic) inaction belonging to him, and that she had wrongfully transferred a
mortgage and note for $2,000; another for $1,075; another for $700, and another
for $1,600. The affiant says he had no recollection of ever having affixed his
signature to any of the assignments of the property, and that if he ever did so
affix his signature it was at a time when he was so broken in health that he
could not have any knowledge of the matter and was wholly unconscious of
performing such an act. He asks that Mrs. Cody be enjoined from collecting
interest on the property, and that all the pretended assignments, by which his
property was diverted from him be vacated, and that not only Mrs. Cody, but
others holding property, mortgages and securities to him.
The case will be tried in April term of the circuit court of
Dane county.
WR
THE CODY LITIGATION
The divorce suit of Mrs. Theresa Cody against Dr. James Cody and
William G. Cody was commenced by service April 6th inst. in the Jefferson
county circuit court. Judge Bennett granted the plaintiff an order to show
cause why a receiver should not be appointed over the property of Dr. Cody
during the pendency of the action, and also why temporary alimony and suit
money should not be granted to her.
The defendant made application of venue on the ground of
prejudice of the judge, and the case goes to the Dane County Circuit Court.
WR
But
Dr. Cody's attorney fails to show up at the appointed time; therefore the case
is put off to the July term of the county court. In the meantime, the MADISON
JOURNAL provides some interesting details concerning the case:
The celebrated Cody case has not yet reached a focus, though it
came up in the circuit court for this county yesterday; but owing to the
non-appearance of E. P. Smith, of Milwaukee, attorney for the plaintiff, Dr.
James Cody, the case was continued till the July term of the court. This case
is an interesting one and full of allusions to the infelicities of the marital
relations of the plaintiff and defendant. Dr. James Cody was wedded to Theresa
Kelly January 28, 1880. Two children were born of the union – a union which was
temporarily dissolved during a portion of the years 1885-1886, when the doctor
declined to live longer with his wife. A reconciliation ensued, and two suits
then pending between the couple were discontinued.
The couple parted for the second time September 26, 1886; when
Dr. Cody went to live with a relative named Masterson, in Dodge county,
claiming that the inhuman treatment he received at home would not permit him to
remain there any longer. At this time he was 66 years of age. He then brought
suit for the recovery of all the property which had been assigned to Mrs. Cody.
In his complaint he declares that he was astonished when he learned that his
wife really had possession of his property. It appears that Mrs. Cody also
possessed a deed to the Cody homestead. Dr. Cody claims to have no knowledge
whatever of signing such a deed; and it is hinted in some of the affidavits
which form a part of the huge bundle of papers in the case, that the doctor was
under the influence of an opiate at time, and that he may have done acts then
of which he is not now cognizant. Dr. Cody not only ask that the property in
dispute may be restored to him, but that Mrs. Cody be enjoined from obtaining
and enjoying any revenues there from.
Mrs. Cody put in a demurrer to the complaint for the following
reasons; 1st., That the plaintiff has no legal capacity to sue, because he is
the lawful husband of the defendant. 2n., That the complaint does not state
facts sufficient to constitute a cause of action; and 3rd, That the plaintiff
has an adequate remedy at law.
It was the demurrer on which argument was to have been made
yesterday. This case originated in Dodge county.
It was then transferred to the Jefferson count
court, then to the Rock county, and finally it swung around to Dane county. A
divorce case is also pending between the parties in the Rock or Jefferson
county court.
Mrs. Cody claims that Dr. Cody possesses as much as $15,000
worth of property in addition to that which figures in the case now in the
court.
WR
Things
do not come to a stand-still awaiting the out come of
divorce proceedings. A dispatch from
Madison to The Sentinel dated the 23rd says:
On the application of Mrs. Theresa Cody, wife of Dr. Cody, in
the celebrated divorce case of Watertown, Judge Sterwart
of the circuit court today appointed P. N. Waterbury of Jefferson, as receiver
of Dr. Cody’s property. The court granted $75 per month to both Dr. and Mrs.
Cody during the pendancey of the action and directed
the receiver to pay the taxes on the homestead now deeded to Mrs. Cody and also
on a dozen count farms retained by Dr. Cody, and enjoined Dr. Cody as well as
his son William G. and all parties to the suit from transferring any of the
property.
WR
One
can easily imagine Wm. Cody bristling at the rejoinder. Apparently he did so
and also took some action.
Wm. G. Cody was arrested yesterday by Sheriff Bullock on an
order from Judge Bennett, charged with committing an assault on Mrs. Cody June
16, using abusive language to her and removing property from the homestead in
the Fourth ward. Damages are claimed for $20,000. He secured $3,000 bail for
his appearance, Dr. Solliday and C. H. Hahn becoming his sureties.
WR
For
the next two months little of any importance is accomplished.
On behalf of the defendant, C. R. Feld, court commissioner, took
testimony of witnesses yesterday in the case of Theresa Cody, plaintiff,
against James Cody and Wm. G. Cody, defendants to be used in the Dane county
circuit court, July term. Miss Ella Peters was the only witness examined. This
morning Judge Stewart ordered a stay of the proceedings.
WR JULY 13, 1887
THE CODY CASE
In the Dr. James Cody case before the Dane county circuit court
in Madison last Wednesday, the question was upon the summons of Judge Steward
to show cause why a guardian should be appointed. By the consent of all parties
and without prejudice to the right of the counsel of Dr. Cody, A. L. Sanborn,
of Madison, was appointed guardian “ad litem”. In the case of Dr. Cody against
Theresa Cody and Daniel Jones, to recover certain mortgages etc., a demurrer of
the defendant Theresa Cody was argued and submitted. The judge took the matter
under advisement. In the action of Theresa Cody against Dr. James Cody for the
divorce the case was continued until the fall term.
WR
Madison, Wis. August 19-- . Some time ago Dr. Jas. Cody of
Watertown instituted a suit against his wife, Theresa Cody, et al., to recover
a large amount of property in their possession, which he claimed was
fraudulently obtained from him while he was in such a disordered mental
condition as to be incapable of transacting business. His complaint was
demurred to, and it was denied that his condition was such as he represented it
to be. Today Judge Stewart, the Circuit Court, overruled the demurrer.
WG
The
fall term of Circuit Court begins ten weeks later. The Cody case is one of the
first to be taken up.
A final settlement has at length been reached in the celebrated
Cody case. All the suits, and from the beginning there were about twelve of
them, between Dr. James Cody, Theresa Cody his wife, and Wm. G. Cody, Dr.
Cody’s son by his first wife, are dismissed and settled, stipulations to this
effect have been duly signed by the parties within the past days. Mrs. Cody
accepts $4,000 in lieu of all dower or other interest on Dr. Cody’s estate and
she reassigns all personal property which she had obtained from her husband,
including mortgages and notes. According to the stipulation Mrs. Cody takes the
two minor sons to support during their minority and she deeds back the
homestead valued at about $7,000. A judicial separation takes place between Dr.
Cody and his wife by a divorce granted by Judge Stewart, of the Dane county
circuit court, on the ground of desertion, Dr. Cody having lived apart from his
wife for two years past.
Mrs. Cody removes from the homestead within fifteen days. Thus
the curtain is drawn on one of the most celebrated cases that ever appeared in
the court calendars of the state. It has been a long, bitter legal contest. The
litigation between the parties at least $12,000 has been expended in taking
legal proceedings. Dr. Cody’s large practice is ruined and out of his once
valuable property about all that is left is the homestead, the Fifth ward farm
and some $5,000.
WR
Essentially
the same story is told in the Watertown Gazette two days later.
The Cody divorce suit, which has been in the courts of this
state for over two years, has been amicably adjusted, all the parties
interested having signed articles of stipulation this week. According to the
agreement Mrs. Cody gives up possession of the homestead, which Dr. Cody deeded
to her several months ago, and agrees to vacate it 15 days after the decree of
divorce is granted by the court. Mrs. Cody is allowed to retain her children,
and receives $4,000 in cash and part of the household furniture, in lieu of all
dower or other interest in Dr. Cody’s estate. The case will be finally closed
about the 14th inst., when Judge Stewart of the Dane County Circuit Court will
issue a decree of divorce on the ground of desertion, the doctor having lived
separate from his wife for over a year, which is sufficient ground for granting
divorce. All the other suits pending have been dropped. The litigation in these
cases at the various channels through which the doctor’s money has been
expended, cost nearly $20,000 and his extensive practice has been ruined. The
balance of Dr. Cody’s property will be placed under the control of a trustee in
the doctor’s interest. The overtures for a settlement were made to Mrs. Cody by
parties interested in the doctor’s side of the litigation. When the settlement
is finally completed Mrs. Cody contemplates removing to Washington Territory.
WG
Surprisingly,
there was no hitch in the proceeding, during the next week, of this convoluted
case.
A
dispatch from Madison dated November 15 says:
THE FINALE
Mrs. Theresa Cody was granted a divorce from Dr. James Cody and
given $4,000 in
cash. It is generally understood that the settlement was found to be necessary
if any considerable portion of the property should be saved. The lawyers, on
each side, by the stipulation of the settlement, were allowed about $735. Dr.
Cody was reputed to be worth about $40,000 before the trial began.
WR
The
Watertown Gazette closes the case succinctly.
The Cody troubles came to a close last Tuesday by Mrs. Cody being
paid $4,000 in cash according to the agreement of the settlement. She will
remove from the city in a few days to Spokane Falls, Washington Territory.
WG NOVEMBER 25, 1887
Part II
__________________________________
DR. CODY’S
LAST DAYS
What
do the Codys do now? Dr. Cody is in very poor health having suffered greatly
both mentally and physically during the divorce proceedings. His practice is
ruined. And his property has been placed under the control of trustees. Bill
Cody’s drugstore, situated on the south side of West Ave. (now West Main St.)
just 3 doors east of Water Street, has been neglected what with all the days
spent in court and the time spent spiriting his father away for reasons known
only to him. His escapades during his father’s troubles give every indication
that here is a young man interested in gaining wealth any way possible if hard
work is not involved. He turns quite naturally to the popular sport of the day,
horse racing. Fourteen months after his father’s divorce becomes final, the
following appears in the Watertown Republican:
Wm. G. Cody has purchased the celebrated trotting stallion, La Clare.
This horse trotted and won the double team race in Minneapolis in 2:26 and got
a record of the same. The next day he won the stallion race at Minneapolis in
2:35. The horse will service to only a limited number of mares, and parties
desiring his service would do well to make arrangements immediately. La Clare
will stand at my stables in Watertown, Oconomowoc, and Waukesha. Mr. Cody has
several affidavits as to the breeding of this horse and the records where he
won every race in the circuit when entered. Dr. Smith, a secretary of State
Veterinary Society, has certified to some of these affidavits. This horse is to
trot in the circuit of 1889, and will be driven by Edward Lull, of Lake Mills,
the well-known driver. Parties who admire fast colts will do to make
arrangements with the owner, as 25 mares will be the number of his service.
W.G.CODY Owner, La Clare,
Address, Watertown, Wis
WR
La
Clare must have been every bit as good as his owner said he was for he was well
known in the racing horse circles. The previous week Geo. Cody had received a
letter he caused to be published in the Watertown Republican.
MANKATO, MINNESOTA, JANUARY 25, 1889 - W. G. Cody,---SIR: I hear
that you have the celebrated stallion, La Clare. I have two well bred mares
that I would like to breed from your horse. Now if you are to use your horse
this season, you will oblige me by letting me have his service. I would like to
hear from you by return mail and let me know if I wm to get your horse and what
your charges will be.
Yours truly,
ANDY WHITE
Mankato, Minnesota
WR
Horse-racing,
which, in the 1870's took place in Watertown's Driving Park, located at the
intersection of what is now Milford Road (Co “A”) and Commerce Drive, was very
popular at this time. The weekly paper frequently carried the results of the
races the previous week. But horse racing was not just a warm weather sport.
During the winter the races were run on ice with the horses wearing special
shoes to assure them firm footing.
But
winter or summer, it is not exactly surprising to find Wm. Cody the center of a
controversy at one time or another.
OCONOMOWOC, Feb 16 - Wm. G. Cody, of Watertown, owner of the
trotting horse “Farmer Boy,” has begun an action at law to recover money put up
on yesterday’s races, and garnished the stakeholder. The papers were served
this morning. The suit is the sequel of yesterday’s trotting embroglio (sic)
here, referred to in the telegraphic dispatch in this morning’ Sentinel. Cody
has also made his affidavit that his horse is not the trotting horse
“Silverton” that its true name is “Farmer Boy,” and that it has no record which
barred it from either of the races. If the horse had in fact a record and was
now trotted under an alias as alleged, he would be barred from all winnings.
“Silvertown” is the name of a well known horse owned or formerly owned, by Mr.
Bemis, of Chicago, and has a record of 2:201/4.Mr. Chas. Houghton, who was
interviewed by a Sentinel reporter this morning stated unhesitantly
that he knew “Silverton” and that he believed that “Farmer Boy” was the same
horse. The statement in the tele-graphic dispatch referred to, that “Dick Lee”
alleges that when the horse did in fact run it was occasioned by the noisy
demonstrations made by the driver of the “Farmer Boy”. Before yesterday’s races
began Mr. J. G. Boyd’s Milwaukee mare “Bertha” was the favorite among
Oconomowoc betters.
Although the decision of the judges of the free-for-all race of
yesterday was pecuniarily advantageous to the majority of Oconomowoc betters,
local horsemen seem to be very nearly unanimous in the opinion that the
decision was so erroneous as to be disgraceful to the place, and this feeling
is intensified by the fact that some of the judges had bets on the race, and
won them by that decision.
Mr. Cody arrived home Sunday in the highest of glee. He was victorious
in his lawsuit, and the defendants had to fork over the money that the judges
wrongfully awarded to the other participant in the race.
WG
Despite
his successes in the horse racing field (assuming he did win the March 3 races)
Cody was not able to give his horse his full attention. The affairs of his
father's divorce case still were not entirely clear until March 15, 1889, when
Justice Stacy brought the replevin cases of Jas. Cody vs. C. F. Zaunter and Wm. G. Cody vs. C. F. Zaunter
to a close agreeable to both sides.
Except
for a few notices of races won, we hear nothing of Wm. Cody or his father for
over a year. It would be quite natural for the community to assume that all was
well with the Codys; Dr. Cody is recuperating well and young Bill is content to
find his excitement in horse races. But then comes these two announcements:
I hereby announce to all my old customers that I will shortly open
a first-class drugstore, and will leave next week for New York City to purchase
a fine full stock of drugs, chemical and toilet articles. I have had 12 years
experience in the business, and am a graduate of the best College of Pharmacy
in the United States.
Wm. G. CODY
I hereby announce that I will again practice medicine, having
regained my health sufficiently to do an office practice, and will have an
experienced doctor from Chicago to attend to country practice.
Yours Truly,
DR. JAMES CODY
WG
How
nice to see that life has regained a sense of normalcy for the Codys. Wm. is
again taking up his position as a druggist as he had been before the divorce
affairs, and Dr. Cody has regained his health and is about to resume his
position as a highly respected doctor in Watertown. But some citizens must have
had reason to believe things were not quite as tranquil as they seemed.
ANOTHER PHASE OF THE CODY CASE
Application was made on Tuesday last to Judge Colonius
at Jefferson to have a guardian appointed over Dr. James Cody of this city,
who, it is alleged, has not been receiving the treatment becoming a human being
for several months past. The doctor and his son William have been occupying the
Cody homestead in the 4th ward for some time without a housekeeper, and as
rumors had been circulated from time to time that everything was not as it
should be for the doctor’s comfort in his old age , steps were taken to bring
about a change, hence an application, signed by several of the doctor’s best
friends, was presented on Tuesday to Judge Colonius,
who after hearing some testimony had the case postponed for one week, at the
request of Wm. Cody, ordering that in the meantime the doctor be placed in
charge of Supt. Graesel of the county insane asylum.
Those having the case in charge at Jefferson boarded the afternoon train and
came back in to Watertown to see that the judge’s order was carried out, Wm.
Cody being among the number. As soon as the train stopped at the Junction,
young Cody jumped there from and skipped lots for home, being there on the
arrival of Marshal Kerr and his assistants, and endeavored to frustrate the
order of the court being carried out by claiming that his father was not at
home, but eight miles away in the country. Shortly after he made the statement,
however, the doctor swung open the blinds on the second story window, and
presented a most pitiful appearance. Entrance was at once obtained to the
house, and the doctor’s quarters entered, which presented, it is said, a most
sickening sight. The doctor, it is claimed, was robed in apparel filthy and
ragged, and unfit for a human being to wear. Other evidences in the room told
only too truly that rumor had not half told the story of the unbearable. The
doctor was taken by Marshal Kerr to Jefferson and placed in charge of Supt. Graesel of the county insane asylum. Next day Wm. Cody
secured his release on habeas corpus proceedings issued by Justice Porter at
Jefferson. Young Cody the procured a double rig, decorated it with United
States flags and with his father and his attorney, N.B. Moran, started in great
triumph for this city. Just as they reached the city limits on the Jefferson
road Deputy Sheriff Graewe served a warrant on Wm.
Cody and took him before Justice Halligher on the
charge of attempting to murder his father without assault by cruel and inhuman
treatment and starvation. His hearing we postponed until Saturday, September
5th, and bail placed at $1,000.
There is no question about it but that the doctor should receive
better care than what he has been getting of late, and if his son would only
take the advice of his friends, he would join with those who are now moving in
the matter to have the doctor placed where skilled nurses can look after him.
All concerned are to be pitied, for the doctor is a wreck, mentally and
physically, and we believe his son is not responsible for all the hard things
charged up against him, for he certainly acts very strangely and as though he
has not good sense, hence while this business is going on, it might be well to
have a guardian appointed over him also. Let us hope that his unfortunate
affair can be settled without further scandal and without litigation, that will
certainly squander and eat up that remains of the Cody estate. Should Judge Colonius or order, Dr. Cody will be placed in the St.
Alexian Hospital, at Oshkosh, which is conducted by the Alexian Brothers. In
response to a telegram from young Cody, Jas. E. Malone, of Juneau, came here on
Thursday and is at present arranging for a satisfactory settlement of the
affair.
WG
The Watertown Republican had carried a
shorter, but more graphic article about the same.
The Doctor Cody case, which has been dormant for some time turns up
again in a new and disgusting phase. It has been hinted at for some time that
the doctor has not been properly cared for and that he was really suffering
from neglect, if not want. As a remedy for his case a guardian was applied for
and the matter came before Judge Colonius at
Jefferson yesterday. The hearing was adjourned one week and during the interim
Dr. Cody was place under the personal care of the superintendent of the County
Insane Asylum, where he was taken yesterday in charge of Marshal Kerr. When the
officers arrived at the house to carry out the order of the court, William Cody
placed every obstacle in the way to prevent the house from being entered, all
the doors being locked and the windows fastened. Further than this he said his
father was not in the house, but at Sullivan’s eight miles distance. By
breaking open a door the officers and others found a way to enter the house.
The sight that met their eyes is almost beyond belief and its
impress will ever remain on their memory. Doctor Cody was found in a perfectly
nude condition, save a few strips of cotton cloth which were around his neck
the general surroundings were of the most disgusting character. He pleaded with
his callers to give him something to eat. The rooms of this once elegant house
were reeking in filth of all kinds and emitted abominable smells, bearing more
of the evidence of a pig sty than a human habitation. Among those who witnessed
the scene were Drs. Whyte and Werner, F. B. Tuttle, Dr. Cody’s life-long
friend, Dr. E. Johnson and others. There were few dry eyes among them at the
sight of such utter neglect, misery and destitution. It is a great wonder that
this thing has been allowed to run so long without applying the proper remedy.
Dr. Cody has ample means to secure him a comfortable living for the remainder
of his days and our community should see to it that his rights are maintained.
WR
The
people of Watertown were indignant, and rightly so. They immediately set about
trying to make things right for their esteemed doctor.
In the matter of the application of some of the citizens of
Watertown for the appointment of a guardian for the estate and person of Dr.
James Cody, which came up to be heard yesterday in the County court, will again
be taken up September 29. The matter went over for the purpose of making
service of the notice of application on the Supt. Of the Northern hospital,
necessary for the reason that the matter had been adjourn over from August 25,
and in the meantime Dr. Cody was adjudged insane upon examination before the
courts by Drs. Reed and Munich. F.B. Tuttle appeared in behalf of the
petitioners.
WR
In
another column the Watertown Republican detailed the happenings more fully.
COMPLICATIONS OF THE DOCTOR CODY CASE
The Cody case has continued to be a fruitful source of excitement
and the different phases and intricacies are almost bewildering to keep run of.
While our community was resting quietly under the supposition that Doctor Cody
was assured of kind treatment for at least a few days at the hands of Supt. Graezel, William Cody applied for the release of his
father, whom it was known he had treated in a cruel and inhumane manner; and
strange to say the release was granted by Justice Porter of Jefferson, through
a writ of habeas corpus, N.B. Moran appearing as William Cody’s attorney. If
there was anything wrong, cruel or inhuman in the disposition made of Dr. Cody
by Judge Colonius, the writ of habeas corpus would
have legal redress, but under the circumstance then existing it was clearly a
misuse of view, or basing an opinion of the subject upon common sense.
Procuring a conveyance, William Cody started back here with his
father and accompanied by his attorney. Young Cody was in high glee and
proceeded towards the city in a triumphal manner, small American flags being
basely used to decorate the vehicle in order to give éclat to the victory
gained. But the little game of triumph was nipped in the bud by Deputy Sheriff Graewe appearing at the city limits and serving a warrant
on William Cody, who was brought before Justice Halliger,
charged with attempting to murder his father, without assault, by cruel and
inhuman treatment. His bail was placed at $1,000 and the hearing postponed
until next Saturday in Justice Halliger’s court. The
excitement was intense, run higher than on any other occasion before in this
community. Meanwhile young Cody was in custody of the deputy sheriff,
precautions being taken to handcuff him. By this time C. H. Gardner had been
secured by Cody as additional counsel, and efforts were now directed toward
procuring bail, several parties being approached, but all refusing. Matters
continued in this way until Thursday morning when a new surprised was sprung
into the case. While Cody was on his way to the county jail he was intercepted
with a garnishee summons, sworn out by his attorneys, Messrs. Moran and
Gardner, and brought back to the lockup. Wednesday evening Cody was given a
check on the Wisconsin National Bank for $265 to his counsel for retainer’s
fee, but notified the bank the next morning not to pay the check, so that when
the attorney went for the money it was not forthcoming. Hence the garnishee,
which added another complication to a case already badly twisted. The hearing
on the garnishee takes place Saturday before Justice Stacy. Meanwhile Dr. Cody
was conveyed to Jefferson Thursday morning and Judge Colonius
adjudged him insane upon the medical testimony of Drs. Reed and Muenich,
committing him to the Northern Hospital for the Insane, whither he was taken in
the afternoon in charge of Sheriff Henze. Arriving at the hospital, the sheriff
says, the doctor showed some unwillingness to leave the depot for the asylum,
but appeared contented when he got inside of the building. Young Cody changed
his counsel, procuring the services of J. E. Malone, of Juneau, who was now in
charge of the cases, and Thursday afternoon obtained bail, John Vokes, of the
Fifth ward, going his surety in the sum of $1,000 for his appearance before
Justice Halliger, Saturday next. Cody was at once
re-arrested on a warrant issued, charging him with threatening bodily harm to
one of our citizens. By mutual consent, however, bail was not demanded for this
charge and Cody was released on his own recognizance. Thus the Cody matters end
at the present. One good result that ninety-nine one-hundredths of our citizens
rejoice in what has been attained, and that is that Dr. Cody is now being
tenderly and considerately cared for and is suffering no privations of life.
WR
The examination of Wm. G. Cody on the charge of attempting murder
without assault by cruel and inhuman treatment, came up in Justice Halliger’s court Saturday. After the application for a
change of venue had been made District Attorney Rogers deemed it expedient to
dismiss the pending case and issure a new warrant
returnable before Justice Krebs at Jefferson upon the charge of an assault upon
the body of James Cody. William Cody went to Jefferson and obtained bail, J. W.
Moore, Thomas Brooks being the sureties.
The garnishee case of N. B. Moran against Wm. G. Cody, Wisconsin
National Bank garnishee, was heard before Justice Stacy Saturday and by consent
of parties was adjourned to the 14th inst. C. H. Gardner’s case against the
same parties was dropped. Mr. Gardner did not appear, but immediately commenced
proceedings in the same case by serving papers on Cody and the bank, the case
to be heard also on the 14th.
WR
There
is no indication in either Watertown paper of just what the basis was for the
garnishee cases revealed September 11. Knowing the past escapades of William
Cody, one can easily imagine what could be behind them. But not everyone saw
Wm. G. Cody as a person deserving of contempt; at least not the Milwaukee
Journal.
The MILWAUKEE JOURNAL in its Saturday issue characterizes the
proceedings against Wm. G. Cody as “ malicious persecution”. This is an insult
to such citizens as Dr. Ed Johnson, Dr. F.C. Werner, Dr. W.F. Whyte, Dr. C.R.
Feld, F.B. Tuttle and hundreds of others, whose only motive in the course they
pursued was in a humane effort to provide Doctor Cody with the comforts of life
and make his latter days pleasant and worth living out. And for taking part in
a cause like this these gentlemen are slandered as “malicious persecutors.”
WR
Dr.
Cody's welfare must have been the topic of conversation in every saloon, every
place of business, and on the street. Even as now, statements made were
misunderstood and/or misinterpreted with resulting hard feelings. Mr. Moore,
the editor of the GAZETTE, was once such victim.
To James W. Moore, Editor Gazette, Watertown Wis.
DEAR SIR: - I was somewhat pained on learning that you, whom I had
always respected, and naturally persuaded myself that you entertained the same
kind feeling for me, did charge me on the street, in a public manner, with a
malicious persecution of Wm. G. Cody and that my purpose was to deprive him of
his property, or rather Dr. Cody’s property. So far from that being the case, I
will only call your attention to the fact that Dr. Cody and myself were
life-long friends, and that my great desire was to help place him with the
Alexian Brothers, where I know the few remaining years, if any, that in God’s
providence may be his, would be smoothed to the grave. I don’t propose in this
letter to deal with a case that has so much shocked the moral sentiments of our
city—it has had all the publicity if needs; but instead, will come to the point
for which this letter is addressed to you. I am informed that the Alexian
Brothers offer to take care of the doctor for $30 per month. Now is the doctor
and his son have friends that have any value as such, let them accept the
following proposal: I will deposit $500 in the Wisconsin National bank, or with
the county court, to be paid out in sums of $10 per month on the order of the
doctor’s guardian, if one be appointed, and should he outlive me, I will
continue the same payment either by special deposit, or by will, to the end of
his life, with the additional deposit to be made now of $200 to be held by the
bank or the court to meet the expenses of a decent interment. If this offer
should be accepted by you, and with you, any number of such people who are
willing to join a club sufficient to make up $20 per month on their part, I
will be pleased to meet you and all others who thought it a pious deed to
calumniate me, to perfect an arrangement that will leave the heirs of Dr. Cody
free from all responsibility in regard to his care while living, or the
disposition of his body after his death. I trust you will receive this kindly
and credit me with the desire of my heart, unalloyed with passion, malice or
avarice against anyone. The rescue of my old friend from the cold ingratitude
of this world, where his manhood years has passed away doing good, healing
wounds and soothing sorrows, to release him from the bonds of a hell, more
terrible than the abode of the damned, and place him in a paradise of men with
hearts to feel, and God’s work to do. Think what you may, Mr. Moore, I have not
lost my respect for you, nor has my kindly feeling for you lessened. You have
been on the side of the public and private virtue, your profession has assigned
to you a place of honor and dignity that us poor laymen can’t claim. As a
journalist we look to you to point out foul weeds in the public garden that
they may be thrown out and burned, to do what justice commands, that virtue may
crown with a happy memory the work you may have done, and charity lead you hand
in hand with the helpless ones you may have befriended up to the seat of
justice in whose strong arm the weak will feel protection and the defender receive
his reward. May I hope that your old-time courtesy will ensure the insertion of
this in THE GAZETTE of the present week.
Respectfully Yours,
EDWARD JOHNSON
What Dr. Johnson says has been told him in the above letter, so far
as it relates to us, is absolutely false. In matters of the nature of that
which has called forth this letter from the doctor, we have always tried to be
fair to all parties concerned, and have always chose the side of moderation and
charity, rather than the opposite. We would not willfully charge an enemy with
sinister motive, much less Dr. Johnson, who has on various occasions shown his
friendship for us. Charitably - inclined people’s motives are sometimes brought
into ridicule (as we have experienced) by people of less moderate sentiments
when laboring under and excitement, and remarks are made and circulated at
random that the originators thereof in their coolest senses are ashamed of.
Their mouthing are harmless, and generally his wide of the mark aimed at. So
long as we observe the laws of God and man, we have no apologies to make, or
explanations to offer, for our actions in connection with the Cody or any other
case. With moderation and charity on our side, we view in the distance our
calumniators scarified on the shrine of their own erection. The story of the
three black crows is quite significant in this case.
WG
While
the above was going on, other things, to which Bill Cody seemed to pay little,
if any attention, were also going on. On August 27, 1891, Judge Henry Colonius issue a statement saying that Edward Johnson, of
Watertown, Dr. W. Reed and Dr. Joseph Muenich had examined Dr. James Cody and
concluded that he was insane and ought be and, in fact was by this statement
actually ordered that he be committed to the Northern Hospital for the insane
for treatment which commitment had been effected August 21, 1891.
Closure
to the Dr. Cody case was brought about by the following being published about
two weeks later.
Patrick Kennedy, plaintiff, vs. James Cody, a person judicially
declared to be of unsound mind defendant;
TO THE HONORABLE JOHN R. BENNET, Circuit Judge of the 12th judicial
Circuit of Wisconsin: ------ Your petitioner, George Grime, respectfully shows
to the court that upon petition herein before duly made and notice duly given,
as required by law, this Court did on the 2nd day of September, 1893 duly
appoint you petitioner Guardian ad litem for the above named plaintiff, Patrick
Kennedy for the reason that said Kennedy has been judicially declared to be of
unsound mind.
Petitioner further says that since said appointment, to wit: on the
12th day of October, 1893 said plaintiff, Patrick Kennedy, was duly discharged
from the Northern Hospital for the Insane in the state of Wisconsin as cured
and that ever since said 12th day of October, said plaintiff has and does now
reside in the city of Watertown and is mentally fully able to prosecute the
above entitled action on his own behalf.
WHEREFORE petitioner prays that he be discharged as guardian ad
litem for said plaintiff, Patrick Kennedy, and from any and all further duties
of liability as such guardian ad litem in said matter.
(Signed) George Grimm, Judge
As
an act of finality, Patrick Kennedy submitted a bill for $116.00 at the end of
the hearing - no mention is made of how the costs were incurred or whether it
was or was not paid.
The
wheels of justice grind slowly. In the matter of the garnishee cases brought by
N. B. Moran and Chas. H. Gardner, action is first postponed from September 5 to
September 12 and then to September 21. The case of the state vs. William G.
Cody was put over from September 14 to February, 1892. (Attempting murder
without assault) The matter of guardianship for Dr. Cody was to be brought
before Judge Colonius of Jefferson, on September
29th. And so it was, to the satisfaction of many.
There is a general endorsement of John Colonius’
action in the appointment of C.B. Skinner as the guardian for Dr. James Cody.
Mr. Skinner will see to it that Dr. Cody’s interests and welfare are well
guarded.
WR
Christmas
of 1891 comes and goes. How did Wm. Cody spend the holidays? His father was in
the Northern Hospital for the insane. Judging from his past behavior, one would
not expect to hear that Wm. Cody visited his father there at any time. Did he
spend Christmas Day with his sister, Mrs. J. Salick on
The 160 acre farm of Wm. G. Cody, situated in the 5th ward of the
city of Watertown, was sold at execution sale by Sheriff C. A. Hart on Saturday
last. The real estate was sold by virtue of an execution, to satisfy a certain
judgment rendered in the Circuit court, on the 10th day of February, 1891, in
the action entitled, “Wm. G. Cody vs. Clarence Brown,” dismissing the action
and rendering judgment against the plaintiff for the defendant, cost of and in
the action, which were subsequently taxed and adjusted at the sum of $29.98 and
entered. A few days prior to the sale, Cody procured an injunctional
order enjoining the sheriff from proceeding with the sale on the ground that
the judgment of dismissal was not obtained by due process of law, and that the
accrued costs were not taxed in the manner prescribed by statute. Upon
examination the said order was found to be as advertised. James Hall, of
Watertown, purchased the land for the sum of $50.00 that being the amount of
judgment and the subsequent costs incurred.
-- “Juneau Telephone”
WR
Could
that actually have been fifty dollars for one hundred sixty acres of land? -- 31 1/4 cents per acre? This at a time when
Jefferson County bonds were yielding 6%, red winter wheat was selling for 84
cents per bushel.
Wm.
Cody's attempt to stop the above action were by no means his last legal
maneuver to protect his interests. Within eighteen months he was again in
court.
Dr. Edward Johnson, Dr. Wm. F. Whyte and Dr. F. C. Werner have been
served by Wm. G. Cody with notice of a suit in which said Cody claims damages
in the sum of $75,000 for an alleged false imprisonment, and charging the
defendants with forcibly entering into his residence. Whatever action these men
took in the case cited was done in response to the urgent demands of the
community, and out of what was believed at the time to be the most humane
motives and considerations. This community owes it to itself to sustain these
men with all the moral and influence that their case demands.
WR
Now
comes a puzzling bit. The above article appeared in the Watertown Republican,
Wm. G. Cody has through his attorney served notice of a suit,
claiming $10,000 damages, against Justice Halliger,
Herman Graewe, and Drs. S. C. Werner, Wm. F. Whyte
and Edward Johnson, for had cuffing and assaulting him, and having him place in
jail over night to the great detriment of his body and mind.
WR
Has
the July suit been thrown out? Why does he now include Justice Halliger and Deputy Sheriff Graewe?
And if he has realized that they, too, contributed to his discomfort, why has
he reduced the amount of his claim so drastically? But as we have seen by now,
there is no second-guessing Wm. G. Cody.
But
somewhere along the way Mr. Cody made a mistake; what it was we have no way of
knowing, but just four weeks later the Watertown Republican carries this
notice:
The Cody case against Drs. Whyte, Johnson and Werner was dismissed
Monday by Judge Bennett, for being improperly drawn.
WR
Cody
doesn't settle for a dismissal. He files the suit again and the case is
scheduled to appear in the circuit court at Jefferson the first week in
February, 1894. At which time it is continued to the September term with the
understanding that the plaintiff must stand the costs of the postponement.
Surely this is not to Cody's liking. In September the case was put off until
The
people of Watertown are becoming weary of the case. Their indignation is
succinctly expressed by the editor of the Watertown Republican:
….It is contrary to general expectation that this case has ever
come to trail, and our community will be greatly disappointed, as well as
general distrust shown that anything can ever be done here in the cause of
humanity, if the acts of these men (Drs. Whyte, Werner, Johnson et al.) shall
be interpreted as a crime.
WR
Eventually
the case was concluded. Wm. Cody is not awarded the sum of $75,000 he had
originally asked, nor the $10,000 he sought later, but then, he was not
required to pay any of the costs, either.
On last Saturday the case of William G. Cody against Drs. F. C.
Werner, W. F. Whyte and Edward Johnson, John C. Halliger,
et. al., brought for false imprisonment, was mutually settled and the suit
withdrawn without costs to either party. Judge Siebecker was to have heard the
case Monday at Jefferson, it having been postponed from the regular calendar of
the September term in circuit court.
WR
Was
it to avoid the costs of a court case that Wm. Cody agreed to the dismissal of
the case? It would seem characteristic of him, but then we learn that just
three weeks earlier his father died. Perhaps that influenced him somewhat. We
will never know.
DEATH OF DOCTOR CODY
The Pioneer Physician Expires at the Northern Insane Asylum
Dr. James Cody died Monday at Northern Hospital for the Insane at
Winnebago, where he had been a patient since September, 1891. His death was not
unexpected, as it was known he had been failing for some time past. He was a
little over 74 years of age, having been born
WR
Part III
__________________________________
BILL CODY
THE REFORMER
It
is interesting that no mention is made of Dr. Cody's two sons who had died in
1865 and 1869. It is also of some interest to note that the cost of Dr. Cody's
stay in the Northern Hospital for the Insane was borne by Dodge Count which
should have been receiving reimbursements from the state but, due to the
neglect of the district attorney were never collected.
It
is not surprising that the death of Dr. Cody brought about more court business.
The two sons by Dr. Cody's second marriage, Edward G. and James A. of
Minneapolis, now seek to have Dr. Cody's deeding of all his property to William
set aside. And Adeline, William's sister, asks that the life insurance policy
of $2,000 by Dr. Cody be set aside for reconsideration. In both cases William
loses nothing.
On
the same day,
We
can only speculate as to why William Cody's name was not on the list of those
who departed for the Klondike. We have no indication that he was an outdoorsman
or a man familiar with hard work. Nothing in his past indicated he would thrive
on the hardships which were sure to be encountered in any gold-seeking
expedition. Certainly the letter written by Ernet
(Ernest) Kusel to his cousin in Watertown offered no incentive to join such an
expedition.
A letter was recently received in this city from Ernet Kusel, who is now in the Klondike regions. In it he
advises people to keep away from there as the whole country has been
exaggerated. He says it took a steamboat on which he was as passenger eight
days to cover a distance of 100 miles. The country is such that it is difficult
to travel in and the prospects to be derived are small in comparison to the
hardships which must be endured.
WDT
1898
07 20 "Wild
West and Congress of Rough Riders of the World"
TO THE PUBLIC: Once for all, and all
rumors and reports to the contrary notwithstanding, I beg to most positively
assure my comrades, friends, patrons and the press, that wherever and whenever
my "Wild West and Congress of Rough Riders of the World" is billed to
appear, there will I be also. That I not
only personally direct it as a whole at every production connected therewith,
but invariably appear at each and every afternoon and evening performance, conscientiously
fulfilling every advertised promise made in my name. My place has always been at the front; I have
not been accustomed to loiter at the rear.
Yours very truly,
W. F. CODY ("Buffalo Bill")
It
seems hardly likely that things in Watertown were so exciting he couldn't bear
to leave. True, the debate as to which material was to be used for the
up-coming paving of
But
none of this seemed to concern William G. Cody. Could it be he had developed
other interests?
As
far as the newspapers are concerned, Wm. G. Cody now vanishes from the public
eye for some time. His obituary says that in 1902 he married Mary Poch an Irish
girl. One elderly gentleman of Watertown insists his mother often described to
him the Cody wedding which took place at St. Bernard’s church. According to
him, a red carpet was put down from the church to the Cody home a block north.
But there is no record in the files of St. Bernard's of any Cody wedding. Nor
do the Jefferson or Dodge County records reveal any information about the
wedding.
Apparently
during the early years of 1900 Wm. Cody pursued his race horse enterprise, and
that quite successfully if his letter to Mr. Moore, the editor of the Watertown
Gazette, is factual.
Hartland, Wis.
Friend Moore: -- I notice an
article published in your last week’s paper which is a mistake, indeed, namely,
stating Hugh Kerr sold the fastest horse ever owned in Watertown. Why that’s
ridiculous, for I owned the fastest horses ever owned in Watertown, or in the
county ,namely Dictate 2:12, a pacer, and Silverthorn, record 2:20 ¼, a
trotter. Silverthorn sold to Commodore Kittson, of St Paul, for $17,000 being
at the time one of the fastest trotters in the world. He paid $27,000 for
Silverthorn and Little Brown Jug. Mr. Kerr’s mare never entered in a mile race
for money or a purse in her life. She simply raced a few matinee races at
Juneau and Beaver Dam, half-mile heats. I might here add that next to my two
horses that Painter Jones, of Watertown, owned the next fastest horse, being Bay
Charley, which he bought of Mr. Jennings, of Oconomowoc, for $600. He trotted
along in
Yours Very Truly,
William G. Cody.
WG
If
Mr. Cody's words are true, and there is no reason to believe they are not, he
did indeed own some fine horses and must have gained financially thereby. He
was probably not much upset when he learned that his father's ex-wife had died.
Mrs. Theresa Kelly Cody, died at Lakeside, Montana, last Sunday,
age 55 years. Her death was quite sudden, she having been ill but a short time.
She was the widow of the late Dr. Cody. Two sons, Edward and Arthur Cody
survive her. The remains of Mrs. Cody were taken to Spokane, Washington, for
burial.
WG
Would
that Wm. G. Cody had kept a diary! We can only speculated about what happened
to his horse-racing business. Did he abandon it? Did he begin to lose
money? Or did he continue with it as he
entered the next stage of his life during which he seemed to take perverse
pleasure in irritating the people of Watertown and the surrounding communities.
And irritate them he did: especially when he committed the unpardonable by
coming between the people and their beer.
When
the Central Labor Union calls on the mayor to open, on Sundays, the saloons
which had been closed, Mr. Cody concludes it is time to give credit where
credit is due.
I have noticed the article of the Watertown Secretary Central Labor
Union to the Hon. Mayor of Watertown to do his duty and I suppose assist in the
opening of the saloons on Sunday. Now I wish to state right here that “I am the
man,” and not your Hon. Mayor that caused the saloons to be closed on Sunday.
And I further desire to state that the coroner Manning of Dodge Co. served the
proper notice on Sheriff Hinkes of Dodge Co. and Sheriff Vaughan to enforce the
law and close all saloons in the city of Watertown on Sunday. I later had M. E.
Farrington serve notice on Deputy Sheriffs Tanck and Krueger to keep all
saloons in the city of Watertown closed on Sunday’s hereafter. (Here he quoted
Sec. 1564, Sec 1553, and Sec 1563 pertaining to sale of intoxicating liquors on
Sunday, officers to make complaint, and what a nuisance)
Now if these Hon. Unions think they can induce the saloon keepers
to violate the state laws and open their saloon on Sunday after a proper legal
notice has been duly served and thereby cause the saloon men to lose their
license then these unions are mistaken and they will find to their sorrow “that
no one fears them,” and that as a man I will see this law is enforced as it
should be, and I will guarantee that this is no joke and that the saloonkeeper
who violates the law will lose his license, and will any of you unions give him
another license. Janesville, Madison, Stoughton, Portage, Columbus, Lake Mills,
and many other towns are closed and willing to abide by the law and not be a
joke like Watertown. Now if these people did not like the law then probably
they would like to see Jefferson, Milford, Hubbleton,
Richwood, Clyman, Lebanon, New Lebanon and Juneau also be closed Sunday.
Several of our best citizens have consulted me as to the advisability of
getting out the proper petition to have Watertown go dry every day and they
claim sufficient names can be procured to a petition to have a dry town. Not if
the unions and people do not wish to abide by the state law and close saloons
on Sundays then I would advise these good citizens to go ahead and secure all
possible names to a petition and see if Watertown will go dry. And don’t be
blaming your honorable mayor for he did not put this law on the state statue
(sic) book, and he did not enforce said law, and I think our mayor is the best
Watertown ever had and some people are certainly trying to heap burdens on his
shoulders, and with “slurs at that.”
W. G. Cody
WDT
Saloons Closed in Watertown on Sundays.
Ken Riedl addition:
Last week the following notice was served on Mayor Charles A.
Kading and Chief of Police H. C. Block by M. E. Farrington, coroner:
Watertown, Wis.
To Hon. C. A. Kading, Mayor
of City of Watertown; Mr. Herman Block, Chief of Police; and to C. A. Vaughn,
Sheriff of Jefferson County, and Joseph Hinkes, Sheriff of Dodge County:
Sirs: I hereby notify you and each or you, that
Section 1564 of the Wisconsin statutes is being violated in the city of
Watertown, Wisconsin, by the selling of intoxicating liquors on the first day
of the week, commonly called Sunday. I,
the undersigned citizen and taxpayer of said Watertown, Wisconsin, hereby
demand that you and each of you enforce the provision of said Section 1564 and
that you close up all saloons in the city of Watertown, Wisconsin, on Sunday.
William G. Cody.
Sometime previous to the serving of the above notice, William G.
Cody was a candidate for the office of Justice of the Peace to fill out the
unexpired term of Justice W. D. Stacy, deceased. Mayor Kading appointed him to the office but
it required the confirmation of the city council. The meeting at which Cody was appointed was
adjourned without confirming him and between that meeting and the next meeting
he made a canvass of the members of the council and he claims he was promised
the support of 12 out of the 14 of the members, but at the next meeting when
the matter of his confirmation came up, he received only one vote, that of
Alderman Kerr of the Third ward. Mr.
Cody felt aggrieved over his treatment in this matter, and the above action
followed. Following are the state laws
governing Sunday closing:
Section 1564.
If any tavern keeper or other person shall sell, give away or
barter any intoxicating liquors on the first day of the week, commonly called
Sunday, or on the day of the annual town meeting, or the biennial fall
election, or primary election, such tavern keeper or other person so offending
shall be punished by a fine of not less than five or more than twenty-five
dollars, or by imprisonment in the county jail not to exceed thirty days, or by
both such fine and imprisonment.
Section 4595.
Any person who shall keep open his shop, warehouse, or workshop, or
shall do any manner of labor, business, or work, excepting only works of
necessity and charity, or be present at any dancing or public diversion, show
or entertainment, or take part in any sport, game or play on the first day of
the week shall be punished by a fine not exceeding ten dollars; and such day
shall be understood to include the time between the midnight preceding and the
midnight following the same day, and no civil process shall be served or
executed on said day. Provided however,
that keeping open a barber shop on Sunday for the purpose of cutting hair and
shaving beards shall not be deemed a work of necessity or charity.
Section 4595d.
The keeping open of a store or shop for the sale of dry goods, wearing
apparel, hats, caps, boots, shoes, hardware, furniture, crockery, glassware,
jewelry, coffees, teas or spices, on the first day of the week, shall not be
deemed a work of necessity or charity.
Section 4595c
The running of any railroad train, street railway car or interurban
railway car for the transportation of freight or mail or of passengers and
their baggage shall be deemed a work of necessity or charity.
The
Cigarmakers Union ignored Cody's tirade. Their pronouncement in the very next
issue, Monday, left no question about the status of William in their eyes.
To the public of Watertown and Vicinity: The article appearing in
Saturday’s issue of the Daily Times, headed and signed by W. G. Cody, in which
it seems he takes a great pleasure in slurring the union labor of Watertown, is
hereby ignored.
The unions of Watertown have never had any dealings with W.G. Cody
in the past, and do not expect in the future to deal with any man who tries to
gain publicity in on other people’s business.
Hereafter any and all articles that may appear concerning union
labor signed by the honorable W.G.Cody will be given
the same consideration as already above stated.
Cigarmakers Union No.381, Watertown
WDT
So
that's how the Cigarmakers Union sees it. But what about the man on the street;
the man in the saloon?
Dear Editor: Perhaps I am not fully informed as to all the facts
which led to closing of the saloons on Sunday. But as I see it now, I think it
was an act next to a hardship, showing the smallness of a man, trying to take
revenge on a few at the expense of a whole lot of innocent people. Now,
supposing the saloon keepers would close their stable on Sunday, then let Mr.
Cody imagine himself coming to church six or seven miles on a cold winter’s
morning, and then find no place to shelter you steaming horses, and no waiting
room where the women and children can warm themselves. Also no place where you
can put your blankets, in case of rain or a snow storm. I saw in one of the
local papers where a woman said it was better her neighbor’s children had bread
than the farmers a place to put their wraps. Closing the saloons on Sunday will
not buy those children much bread. If there are such men, put them on the
blacklist, so they can not get liquor at any time and
then those children will have more bread. I believe in restricting the saloons,
but not in closing them up. It would seem almost as if the Sunday closing law
was on the books only for some soreheads to make use of, because it was made
use of by such at Beaver Dam, Jefferson, and now Watertown. I think that the
law ought to be stricken out, or at least changed so that it would take a good
percentage of the voters to enforce it, and not by one man. All the farmers I
have talked to about the Sunday closing are against it. Jefferson tried it one
Sunday and gave it up. What’s the matter with Watertown? Is it getting worse?
Just a Farmer
Theodore Lehmann
WDT
Wm.
Cody has not been idle while others railed against him. A few day later an
article appears in the Watertown Daily Times headlined: CLOSING ACTION AIDS LAW
REPEAL
Home Rulers Believe That Sunday Closing Law May Be Amended.
Papers for the closing of the saloons at New Lebanon and Lebanon
were issued today and signed by W. G. Cody and Martin M. Manning of Watertown.
At least that was the statement volunteered by Mr. Cody this morning. He said
the papers would be served today by the coroner. So far Mr. Cody has been
instrumental in the closing of saloon on Sunday at Watertown, Pipersville and
Ixonia. With the addition of New Lebanon and Lebanon, five places will be
closed Sunday. Some people who desire to see the state law regarding Sunday
closing of saloons and other places amended, point out at the action of closing
these places by, in some cases, disinterested parties, will be a strong
argument for the repeal of amendment of the Sunday closing act, and already a
movement has been started to have the law so amended that each community can
determine for itself by ballot whether the saloons will be closed on Sunday or
not. This is said to be one of the first moves that will be made when the
legislature convenes at Madison in January.
WDT
Mr.
Cody wasn't always on the attack. Sometimes he was the defendant and in all
fairness to him, it must be said he was wise enough to acquiesce when reality
was against him.
The corn planter suit, in which W. G. Cody was the defendant and
Fred Woelffer was the plaintiff in a replevin proceeding was settled this
morning before it was called in Justice Rohr’s court. Mr. Woelffer withdrew the
complaint when the defendant settled with him and paid the court cost, which
amounted to $4. Mr. Cody relinquished all claim to the planter and it was
turned over to Mr. Woelffer, who claims that he loaned it to Mr. Cody last
spring. The planter was found Monday morning frozen to the ground in an open
field when the officers searched for it.
WDT
With
the restoring of the corn planter to its rightful owner and the closing of
saloons on Sunday in at least five communities, Wm. Cody can end the year 1914
on a peaceful note little suspecting what is in store for him in a few weeks.
QUESTION SANITY OF SALOON CLOSER
W. G. Cody will be examined by a sanity commission. A petition
asking for the appointment of a commission was filed in the county court at
Jefferson Friday. The signers were three in number as required by law. They
are:
Dr. A. H. Hartwig
Ex-Sheriff C. A. Vaughn
County Treasurer Frank Petro
Judge Kirkland stated this morning that the petition had just been
referred to him, and that he would name the physicians at an early date. He
stated that under the circumstances, no Watertown physicians would be named on
the commission.
Under the provisions of the law, Mr. Cody may demand a trial before
a jury if he desires.
The implication made in some quarters that the men who signed the
petition represent the “liquor interests” and that the petition was filed in a
spirit of revenge for Mr. Cody’s activity in the Sunday closing matter, is
hotly denied by the signers.
WDT
Liquor
interests or not , almost surely many of the townspeople felt that now it would
become
officially what they had suspected for a long time. They were almost certainly
a
little
pleased to read, two days later:
CODY SUBJECTED TO EXAMINATION
Jefferson Doctors Question Him In Private Room In Court House
W. G. Cody is being examined privately be Jefferson physicians this
afternoon at the court house at Jefferson at the order of County Judge R. B.
Kirkland, with whom a petition for a sanity inquest was filed last Friday.
Mr. Cody was arrested by Deputy Sheriff Emil Tanck at Watertown
Junction shortly before the Madison train left. He was bound for Madison where
he stated that he wished to consult an attorney. He was taken to Jefferson by
Deputy Tanck, leaving on the
The physicians appointed by Judge Kirkland to serve on the
examining commission are Dr. Jay B. Brewer and Dr. George L. Smith, both of
Jefferson. Dr. Brewer is mayor of Jefferson. As the Times go to press, the
examination is still in progress.
WDT
Before
the week was over, Cody was vindicated. Many in Watertown were, no doubt,
surprised at the Friday headlines:
SANITY INQUEST BEFORE KIRKLAND CODY DECLARED SANE
Alleged Attempt to settle Sanity Inquest
By Withdrawing Complaint Said to be Failure
A number of representatives of Watertown saloonist
were at Jefferson today, and it is said that an earnest attempt was made to
settle the sanity inquest by having the complaint withdrawn. These alleged
negotiations were a failure.
WDT
Were
the saloonists among those who tried to get the
complaint withdrawn? If so, were they fearful of reprisals? Or maybe the move
came from some witnesses Cody had lined up to testify in his support; witnesses
among whom were Mayor Charles A. Kading, William F. Voss, W. H. Woodard, and L.
H. Nowack. Among those who supported the petitioners were August Wiggenhorn of
the cigar-making family, H. T. Eberle of druggist family, and Dr. F. C. Werner.
It
is interesting to note that Mr. Cody, far from trying to have the sanity case
forgotten and assigned to oblivion, apparently used it to his advantage
whenever the occasion presented itself. More than half a century later,
Clarence Wetter's writing in his column in the Watertown Daily Time, had this
to say:
”Mr. Cody was also the only man in Watertown who could “prove” that
he was sane and he took delight in reminding people of the fact. This came
about as the result of a sanity hearing a judge once ordered for him and he was
found to be “sane.” Then there was the morning when the late James W. Moore,
editor and publisher of the Watertown Gazette located at the northeast corner
of West Main and North Water Streets, second floor, was standing on the corner,
talking with the late Charles Straw, the late Thomas Brooks and several other
men. They were busily engaged in conversation when Cody came along and joined
them. He listened for a while, then broke in with the remark, “On this subject
I think you’re all crazy -- and please remember I have papers to prove I am
sane. None of you can say that.” And either Mr. Moore or Mr. Straw retort,
“That’s all right, Bill, but you had to prove you were not crazy and we don’t!”
WDT
Returning
to
Fred M. Creuz the west side saloonist entered a plea of nolle contendere in Justice
Stoppenbach’s court at Jefferson this morning in the case of the State vs. Fred
M. Creuz and Justice Stoppenbach assessed the
defendant $10 and costs. Mr. Creuz was arrested some
time ago with seven other saloonkeepers for alleged violation of the Sunday
Liquor selling law. Of the eight cases filed at that time, only two were tried.
Ole Olson was found not guilty by a jury in Justice Charles Buss’ court in Jefferson.
Last Friday Mr. Creuz was found guilty by a jury in
the same court, and his fine was placed at $20 and costs. The case was
appealed. Before the first case came to trial, Mr. Creuz
was arrested a second time, and it is the trial of this second case, which was venued from Lake Mills Stoppenbach’s court, which was set
for trial this morning. W. G. Cody was the complaining witness as well as in
the other six cases in which warrants have been issued by Justice of the Peace
Charles A. Buss of Jefferson for Watertown saloonkeepers, and which have not
been served or set for trial.
WDT
A
few days later Wm. Cody has a conversation with a Milwaukee gentleman who, Cody
says, used abusive language. The natural course of action, it seems, is for
Cody to bring charges against the man.
That he used abusive and obscene language directed at William G.
Cody during the course of a heated verbal clash on February 23 is the charge
against R. M. McKey, president of the Northwest Sales Company, which has
offices in the Caswell block, Milwaukee. Mr. McKey appeared in court this
morning, as per the promise made by one of his partners to Chief of Police
Block when the latter visited Milwaukee a few days ago only to find that Mr.
McKey was in Chicago.
Not so Mr. Cody. When the case was called, he was not present. He
had informed Justice Schmutzler Thursday that it would be impossible for him to
attend court on Friday morning, as it would be necessary for him to go to
Jefferson the explain to court officials of that city how to tax certain
witness fees. Chief of Police Block was sent to Mr. Cody’s home with a
subpoena, and brought Mr. Cody to court.
Mr. McKey plead not guilty to the charge as stated in the
affidavit, and asked for an adjournment to Tuesday, March 16, which he
explained was the earliest date at which his attorney would be free to come
here to try the case. It is said that Mr. McKey will demand a jury trial when
the case is called. On the day of the alleged offense, Mr. Cody swore out a
John Doe warrant. Service was not secured at that time though Mr. McKey did not
leave the city until the following day. Since that day Mr. Cody has made several
attempts to have the complaint withdrawn, which the officials would not allow
unless the cost were paid.
Mr. Cody’s interests were looked after this morning by Mayor C.A.
Kading, who appeared in court for him.
WDT
One
wonders at the audacity of Wm. Cody, a graduate pharmacist, not a lawyer, to
presume to explain to court officials how to tax certain witness fees. But he
apparently was no dullard. Ten days later Cody is successful in withdrawing his
complaints and pays the costs of $5.54. Does he then relax and cease getting
involved in legal matter? By no means!
Theodore H. Grabow, who conducts a saloon at
WDT
What
happened to the case we do not know. But we do know that two days after the
case was to have been heard, Cody is again in trouble.
W. G. Cody was placed under arrest this afternoon on complaint of
Richard Pouchert, the complaint alleging false and
defamatory language against the plaintiff while at Lake Mills on April 22.
Three witnesses are named in the complaint as having heard the language used,
one of the witnesses being the justice of the peace before whom a saloon case
is to be tried. The alleged occurrence is said to have happened in the
courtroom at the time the case against Theodore Grabow was called. Cody was
taken before Justice of Peace Fer. Schmutzler and was held for hearing as the
justice has no jurisdiction. He was allowed his freedom on his own recognizance
until next Wednesday, April 29 at
WDT
It
appears Cody is about to get his comeuppance. First he is required to pay $5.54
costs in a lawsuit he regretted filing, and now he has the same accusation
brought against him with a justice of the peace as one of the witnesses. But
luck is with him. He comes up smelling like a rose!
Because the action against W. G. Cody was brought under a wrong
section of the statute, District Attorney Steagel
today advised the withdrawal of the complaint and the dismissal of the action.
He held that the words alleged to have been used by Cody were not within the
meaning of the slander section, but came under a different section that named
in the complaint. Cody was arrested on complaint of Richard Pouchert,
and the hearing was to have been held before Justice Schmutzler this morning,
but a change of venue was taken to Justice Rohr. The costs will be charged up
to Jefferson County.
WDT
In
June, Cody again files a complaint against Ole Olson for keeping his saloon
open on a Sunday. This time Olson was arrested and taken to Lake Mills. Cody
had also filed a complaint against G. M. Gahlman, operator of the Deutsches Dorf (North Third and
What
happens next says much about the system of justice in Jefferson county, maybe
in other counties in Wisconsin as well. The Daily Times' use of multiple
headlines tell nearly the whole story.
SCALES OF JUSTICE AT LAKE MILLS
Some Watertown Cases as Seen From Docket
FINE MAN REGARDLESS STATUTES
Olson Assed $3 and Costs For Opening Saloon on Sunday
Complaint in Conrad Case Not Signed
Can a person secure justice in the poor man’s court, or in other
words, in a justice of the peace court. It has always been contended that in
such a court the poor man could air his grievance and be assured of a
respectful hearing and a decision along the lines of justice and commonsense.
But does he?
The people of Jefferson county, and especially the city of
Watertown, know that through the activities of a person named William G. Cody,
there have been several saloon cases taken to Lake Mills for trial. Under the
law complaint can be made in any part of the county, but in these cases the
complaining witness did not enter complaint in the city where he is known, but
hired himself to Lake Mills and swore out his complaints before a justice of
the peace there.
On June 21, Ole Olson of Watertown was arrested on complaint of W.
G. Cody, charged with keeping his saloon open on Sunday. Olson appeared before
the justice and plead not guilty, later changing his plea to guilty, and was
fined the sum of $3 and costs, as appears on the docket. When asked Friday by a
Times reporter why he assessed such a fine, he answered that he thought it was
the law, when in fact the penalty is from $5 to $25. Shades of Blackstone! He
THOUGHT it was the law. This man thought it was the law and setting aside the
statutes of the state of Wisconsin, he assessed the fine according to his
thought. That’s justice, is it not? Now, dear reader, how would you like to
entrust your rights, either property or personal, to a man styling himself justice
of the peace who did not take the time to look up the law before making his
decision, but made it on his own personal thoughts. Here is another:
A case growing out of the arrest of G. M. Gahlman on a charge of
selling beer to a minor, Alvin Conrad, was also before Justice Brown. In this
case W. G. Cody was the complainant and Alvin Conrad, the minor in question,
was the defendant. In fact Cody had his star witness arrested on a charge of
getting drinks and entering a saloon, and the justice on his plea of guilty,
assessed a fine of $5 and costs. The justice remitted the fine and the total
costs were small.
But the justice of the peace failed to acknowledge the complaint or
sign his name to the paper, and how he could issue a warrant on the strength of
that scrap of paper is beyond the ken of the writer.
Now is it not about time that the authorities in power took a hand
in the matter and cause an investigation. The Times does not wish to reflect
upon the honesty of the justice, but that his conduct of the office has been of
a loose nature will be apparent to any one who takes
a look at his docket.
WDT
Maybe
the people of Watertown are getting a little tired of the shenanigans of Mr.
Cody, but he wasn't finished yet by any means. He not only wanted to come
between the people and their beer, but now he threatened to shut down
baseball!!!
W. G. Cody attempted to stop the ball game at Washington Park on
Sunday. He stated today that such was his intention in retaliation for being
arrested on a charge of keeping a dog without securing a license. Mr. Cody also
stated that the ball park was not the only place to be closed, but that the
garages would come under the ban as well. Whether he will carry out the threat
remains to be seen. He felt chagrined that he had been arrested and thought he
should have been notified.
Mr. Cody was taken before Justice Schmutzler this morning on a
charge of keeping a dog and not securing a license. The case was adjourned
until August 27, at
Now
Wm. Cody carries on his crusade for strict adherence to the law with a
vengeance. The case against G. M. Gahlman, the case which probably was the
deciding factor in Mr. Gahlman's decision to retire from the saloon business
some weeks before, has been dismissed. Mr. Cody the changes the charges to
allowing a minor to loiter on the premises. Due to technicalities that case was
also dismissed.
But
it wasn't only in Watertown that efforts were being made to enforce the Sunday
closing law. The owner of several barber shops in Milwaukee has been told to
close on Sundays and he retaliated by threatening to force the authorities to
close every saloon, store, candy kitchen, theatre, and livery stable in the
city each Sunday. The Watertown Daily
Times suggests that maybe he could use some help from W. G. Cody. But Cody is
busy with his own problems.
For alleged violation of the Sunday closing law, Fred Bittner, who
conducts a grocery store and saloon in
WDT
Could
it be that Judge Kirkland was wrong back in February? Maybe Wm. Cody is a man far ahead of his
time. Maybe this time he has gone too far.
FARCE COMEDY ALA CODY ENDS
Justice Dismisses the Action
These are hard sledding days for the strenuous Watertown saloon
closer. In fact, he has been in hot water ever since the shop in Lake Mills
went out of existence voluntarily. His Sunday closing cases have not much
smooth sailing, but got into rough seas when some of the least timid defendants
had the pluck to fight for their rights.
The case of the State of Wisconsin vs. Fred Bittner for alleged
violation of the Sunday closing law came before Justice Rohr this morning on a
change of venue from Justice Buss’ court at Jefferson. On motion of the
defendant’s attorneys, Lueck & Kuenzli, the justice asked the complaining
witness for security for casts, and he left the court room for the west side in
a hurry. He returned within a few minutes and stated to the court that while he
could give security to the amount of $20,000, he would not put up five cents,
as it was a state case, and added, sotto voice, as he hurried from the halls of
justice, that the court had no right to try the case anyhow. His exit was not
dramatic, but impressed the auditors as being in rather bad form.
Justice Rohr dismissed the action and put the costs upon the
county, stating that as the case had not come to trial owing to the fact that
Mr. Cody failed to give security for the costs, he could not do otherwise.
The attorneys for the defendant stated to the court after District
Attorney Stengel held that the costs should go on the county, that they would
be only too glad to have the case go on as they could put Mr. Cody on the stand
and compel his to show his information.
Local Sentiment
At the conclusion of the action, District Attorney Stengel was
interviewed by some of the large taxpayer of this city, who, knowing the
circumstances and the attitude of the complaining witness, impressed upon the
mind of the prosecuting attorney the spirit of fairness which should prevail in
bringing such actions, and that the place to try them, if he must do so, at the
behest of one man, was in the city where the alleged offense was committed. The
district attorney said he recognized the sentiment prevailing in Watertown in
regard to the cases brought by Mr. Cody, but stated that under his oath of
office he was compelled to prosecute in whatsoever court the cases were
brought.
WDT
But
this is not the end of Mr. Bittner's troubles. It is unclear just how much Mr.
Cody had to do with his being brought into court again.
FRED BITTNER AGAIN ARRESTED
Fred Bittner, who conducts a grocery store and saloon in
The complainant is W. G. Cody, who swore to the complaint on
information and belief. Bittner was arrested once before on the same charge on
the same date but the case was dismissed in Justice Rohr’s court where it went
on a change of venue from Jefferson. Mr. Bittner was taken before Justice Fargo
at Lake Mills this morning and a change of venue was taken to Justice
Stoppenbach at Jefferson, Where it comes up for trial on Monday, November 1, at
1 p.m.
WDT
The
case did come up as scheduled and Wm. Cody made a spectacle of himself.
CASE DISMISSED
Curtain Rung Down On Farce Comedy
At Jefferson Monday Afternoon
SPECTACLE PRESENTED IN COURT
Complaining Witness Makes Boisterous Demonstration and
Uses Language Not Allowed Even a “Closer”
The curtain has been rung down on another farce comedy act in which
the “heavy” was taken by W. G. Cody, complaining witness in the case of the
State vs. Fred Bittner for alleged violation of the Sunday law. The star of the
comedy in this case was easily Lueck and Kuenzli, attorneys for the defendant.
The play was dismissed by Justice Stoppenbach after considerable red fire.
Dismissal was taken on the grounds of failure of proof, and at the
request of District Attorney A. L. Sengel, Justice Stoppenbach made it a matter
of record that the district attorney joined the defendant’s attorneys in the
motion for dismissal. This action was taken after the state case had been
presented by five witnesses.
When the case was called the attorneys for the defendant made a motion
that the complaining witness be required to furnish security for costs. This
motion was overruled, though the plaintiff introduced the affidavits of five
well know citizens of Watertown who were present at the previous trial of the
same complaint in Justice Rohr’s court in this city, and who made known in
their affidavits the conduct of the complaining witness at that time, when he
is alleged to have declared that he could furnish security up to $20,000 but
would not furnish five cents.
The case going to trial a jury was selected and the state
introduced the testimony of five witnesses as follows. Emil Stange, employee of
the Wolfram Shoe company, Alderman George Schmechel, Alderman Charles Glatzel,
R. F. Block, Sixth ward butcher, and C. J. Wenck, veteran insurance agent. It
is understood that the four last named were subpoenaed upon information being
given to the district attorney’s office that they had been in the Bittner place
on the Sunday in Question, and from the questioning of Stange by the district
attorney, it was assumed that he was supposed to the “star“ witness.
William G. Cody, who was subpoenaed by both the state and the
defendant, was not called to the stand, and thereby hangs a tale, for the
self-styled “saloon closer“ felt considerably slighted as a result, and while
the motion for dismissal was being disposed of, he stood forth in all his
maudlin splendor and insisted that he be allowed to testify. Though severely
reprimanded by both the justice and the district attorney, he refused to be
quiet, declaring that he did not have to sit down or keep still.
The court room disturbance reached a climax when after the district
attorney had publicly charged Mr. Cody with being in a disgraceful state of
intoxication, the latter threatened the district attorney, accused him of being
a “ double crosser “ and assured him that he would “ make him toe the mark.”
After court had been dismissed charges and threats were bandied
about freely by the “saloon closer,“ who punctuated his remarks with profanity
and obscenity. He took up a vantage point in the hallway, threatened the
district attorney as he was leaving the court room, and afterward leveled his
remarks at Attorney Kuenzli, one of the attorneys for the defendant. He not
only abused Attorney Kuenzli verbally but threatened to attack him with his
fists and had to be restrained by bystanders.
The costs of the case will be borne by the county, and it is not
one of the celebrated bargain day cases with 98 cent costs, as Justice
Stoppenbach’s docket shows the total costs in the case to be $45.17, which of
course does not include the costs of the former trial of the same case which
came to an end in Justice Rohr’s court after Cody’s “dramatic“ refusal to give
security for the costs.
WDT
Angry
as he was, Cody brings no charges against the District Attorney or Attorney
Kuenzli; instead he brings suit against a whole new cast of offenders against
Wm. G. Cody.
WE’RE SUMMONED BY THE “ CLOSER “
Times Publishers And Others Asked To Appear In Court
WILLIAM G. CODY IS THE PLAINTIFF
Summons Does Not State Cause of Action But We Have
Twenty Days In Which To Answer
Circuit Court Summons-State of Wisconsin, Civil Branch, County
Court, Jefferson County W. G. Cody, plaintiff, vs. G. Gahlman, A. H. Hartwig,
Charles A. Vaughn, Frank Petro, J. P. Holland, E. J. Schoolcraft, J. W. Cruger,
defendants.
The State of Wisconsin to the said Defendant:
You are hereby summoned to appear within twenty days after service
of this summons, exclusive of the day of service, and defend the above entitled
action in the aforesaid: and in case of your failure so to do, judgment will be
rendered against you according to the demand of the complaint. David Bogue,
Plaintiff’s Attorney. Postoffice Address Portage,
Columbia County, Wis.
The above summons was served on several of those named in the paper
on Tuesday afternoon, and some of them today. It was rumored on the streets for
several days that an action in law was to be brought against local people by
Mr. Cody, but nothing definite could be determined, and the basis of the action
will probably not be known until the complaint is filed in the county court.
The Daily Times has no regrets to express nor apologies to offer in
this matter. A notice for publication was given the editor of the Watertown
Gazette by Mr. Cody on Thursday, January 13, in effect stating that papers in a
$25,000 damage suit growing out of the insanity case almost a year ago, in
which W. G. Cody was the principal, were then in the hands of an officer of the
county court of Jefferson county. The Gazette did not print the intelligence,
but it turns out that Mr. Cody approached two deputy sheriffs in Watertown
asking what they would charge to serve the papers. Their rated appeared too
high for him, so he went the M. E. Farrington, who served them.
So far as the Daily Times is concerned we never knowingly or with
malice, slandered the plaintiff in this action. When he instituted suits and
brought people into court on alleged violations of the excise laws he became at
once a figure in public affairs, and the cases became a matter for publicity.
WDT
The
Watertown Daily Times, on January 20, 1916, prints, as the law requires, the
summons.
WM. G. CODY CLAIMS DAMAGES OF $25,000
Wm. G. Cody has served the following summons on residents of
Watertown:
Circuit Court Summons --
State of Wisconsin, Civil Branch, County Court, Jefferson County.
W. G. Cody, plaintiff, vs. G. Gahlman, A. H. Hartwig, Charles A. Vaughan, Frank
Petro, J. P. Holland, E. J. Schoolcraft, J. W. Cruger, defendants.
The State of Wisconsin to the said Defendant:
You are hereby summoned to appear within twenty days after service
of this summons, exclusive of the day of service, and defend the above entitled
action in the court aforesaid, and in case of you failure so to do, judgment
will be rendered against you according to the demand of the complaint.
David Bogue
Plaintiff’s Attorney
Post office Address Portage, Columbia County, Wis.
In Mr. Cody’s complaint, we understand he asks damages to the
amount of $25,000 on account of the insanity proceedings brought against him
last summer.
WG
Mayor
Kading is running for re-election in 1916. In a statement, printed in the
Part IV
__________________________________
THE COW CASES
Incredible
as it may seem, except for a few minor skirmishes, William G. Cody disappears
from the local scene for the next eleven years. According to the recollections
of some of Watertown's old-timers, the Cody's were occupied mainly with
maintaining their small herd of cows which the pastured "somewhere near
where Buffalo Inn". They tell of seeing both Bill and Mary, each morning
and evening, pulling a small wagon loaded with milk cans and milk buckets to
and from the pasture. According to the
legend which seems to have originated about this time, the Cody's kept the cows
in the basement of their house during the winter. Nothing in any of the legal
proceedings concerning the Codys and their cows gives credence to the legend.
Always the concern is for a small barn at the rear of their property.
But
whether the cows were kept in the basement or not, it was cows which got Wm. Cody
into trouble the winter of 1926 - 27, and it was trouble with cows which amused
much of the state for some years to come.
ALBERT TESCH WINS $40 JUDGMENT IN COW TRESPASS CASE
A decision made by Judge C. M. Davison in circuit court at Juneau
this morning is expected shortly to bring to a conclusion the celebrated Cody –
Tesch cow case which has been pending for some time. Evidence in the case
alleges that the Cody cows had been coming on to the alfalfa field of Albert
Tesch, who lives at
He ordered that Mrs. Cody pay $35 in full payment of the case to
Mr. Tesch within one week from today, and if not paid, judgment is to be
rendered for Mr. Tesch on his counterclaim against Mrs. Cody in the sum of $40,
which will be a lien on the cows. Skinner & Thauer appeared as attorneys
for Mr. Tesch.
WDT
As
it stands now, Mr. Cody has the five Holstein cows in his possession and he has
until
The
deadline came and passed and no payment was made by Mr. Cody so the case is
brought to court once more and on January 20 Mr. Tesch was awarded judgment for
$64.70 against Mrs. Cody, the alleged owner of the animals. And now Mr. Tesch
is to have possession of the cows until the judgment has been paid but since
Mr. Cody promises an early settlement, he is allowed to keep the cows despite
the ruling of the court.
Six
weeks passes but Mr. Cody does not settle the judgment. Mr. Tesch is losing
patience and has his attorneys, Skinner and Thauer, instruct Deputy Sheriff
Tank to seize five of the cows in Mr. Cody's barn at
Events in the Cody-Tesch cow case moved thick and fast during the
past 24 hours. Late yesterday Max
Voight, a deputy sheriff of Dodge county, seized four of the five cows being
held by Albert Tesch under an order from Circuit Court Commissioner William H.
Woodard. This order has been made by the court commissioner without a full
knowledge of the facts and after the same was served by Mr. Voight, Tesch’s
attorneys, Skinner & Thauer, took the matter up with Mr. Woodward and
obtained an order setting aside his previous order.
In the meantime, however, the cows had been seized by Mr. Voight
and turned over to Mr. and Mrs. Cody, two of them being claimed by Mr. Cody as
his property and two of them being claimed by Mrs. Cody as exempt.
This morning an order was secured by Skinner & Thauer,
attorneys for Mr. Tesch, from Court Commissioner Woodard, ordering Mr. and Mrs.
Cody to return the four cows to Mr. Tesch. It is stated by Tesch’s attorneys
that they expect to institute contempt of court proceedings if this order is
not obeyed by the Codys.
Mr. Cody has also been arrested on a criminal charge sworn out by
Albert Tesch before Justice of the peace Ferd Schmutzler on the charge that
last October he obtained possession by false pretenses of the cows which were
then held by Mr. Tesch. Another criminal complaint has been sworn out by
Attorney Wallace Thauer before Justice Schmutzler for the arrest of Mr. Cody on
the charge that he obtained signature to a bond given out at that time by false
pretenses. The charge made is that at the time the cows were replevined, Mr.
Cody stated to Attorney Eugene Clifford of Juneau that the insurance company
agent at Juneau would sign the surety bond whereupon Mr. Clifford signed the
copy in good faith and that this copy was then given by Cody to the sheriff
where no original bond had been signed as required by law.
Mr. Cody appeared before Justice Schmutzler this morning and the
case was continued until Saturday March 19, at 10 a.m. when the preliminary
hearing will be held. Mr. Cody was released on $100 bail the bond being signed
by his wife.
Up to the time of this writing Under Sheriff Tanck had not been
able to serve the second warrant.
The whereabouts of the cows is also unknown to Mr. Tanck. According
to reports the last seen of them they were being driven west of town on the
Plank road.
WDT
The
Case of the Missing Cows is quickly solved with the help of persons at Sacred
Heart College, (now Maranatha Baptist Bible College and Academy).
Under Sheriff Emil Tanck said today he would soon be in the market
for a cow pony, spurs, and a ten-gallon hat if this cow case does not be
settled quickly (sic).
It will be recalled that in the last episode of the Cody-Tesch cow
case the four missing cows had last been seen going west on the Plank road.
Authorities at Sacred Heart College, noticing the story in the
Daily Times telling of the missing animals, notified Mr. Tanck that an
individual had driven the cows into the college ground and said that they must
take care of them as he had been called out of the city. According to the story
the individual would not take “No” for an answer.
Investigation proved that these were the missing cows and they were
returned to the custody of Mr. Tesch. Mr. Tanck states that the sheriff’s sale
of the animals will be held as specified in the public notice. Also that the
contempt charge against Mr. Cody for alleged failure to obey the court order of
returning the cows, will be pressed.
WDT
The
attention of the people of Watertown is not centered completely on the
Cody-Tesch cow case. Much more is going on locally and nationally. Charles
Lindbergh is preparing for his daring solo-flight across the Atlantic; Dempsey
and Sharkey are preparing for the July bout (which Dempsey will win in a
knock-out in the 7th round); there is talk of requiring a driver's license to
operate automobiles after the first of the year; and the legal speed limit on
highways outside cities to be set at 40 miles per hour. Locally there is talk
of adding a $100,000 (later changed to $120,000) addition to the high school
now only ten years old. The new telephone building at Fourth and Market Streets
has just opened. And, to the consternation of some but the satisfaction of
many, the street car tracks are about to be torn up. Many voice their objection but it remains for
William G. Cody to take some action.
It was reported today that William G. Cody has made an effort to
secure an injunction against removal of the street-car tracks and the carrying
out of the company’s plans as voted upon by the city council at its meeting
Tuesday night. Court Commissioner Charles A. Skinner, who was approached by Mr.
Cody, told him that if he purchased a bond of $5,000 he would issue it.
WDT
Apparently
Mr. Cody dropped proceedings at that point. Maybe he had a premonition that the
next few weeks would be rather busy for him.
William G. Cody late yesterday was arrested again on a criminal
charge in connection with the now famous Tesch-Cody cow case. The charge
alleges that defendant by false pretense secured a signature to a written
instrument with intent to defraud. This is the second charge along the same
line the first alleging that Cody secured the cows from Tesch through false
pretense.
Mr. Cody appeared before Justice Ferd Schmutzler and the
preliminary hearing was set for Wednesday, March 30, at 2p.m., the defendant
being released on $100 bonds.
Mr. Cody is today attempting to have the judgment awarded Mr. Tesch
reopened, the petition being heard before Circuit Judge Davison at Juneau this
afternoon. Atty. Ray Twining is appearing for the petitioner and Atty. Wallace
Thauer for Mr. Tesch.
WDT
Wednesday,
March 30, proves to be a good day for Cody.
Justice of Peace Ferd Schmutzler yesterday afternoon dismissed one
of the false pretense charges against William G. Cody, holding that there was
insufficient evidence submitted to warrant binding him over to the circuit
court for trial. Hearing of the second charge was postponed until next
Wednesday afternoon, April 6, at 2 p.m. It was reported that a material state
witness did not show up at the hearing yesterday.
The charges grew out of the Cody-Tesch cow case, it being alleged
that Mr. Cody had the cows replevined from Mr. Tesch, claiming that he had the
required bond. The hearing brought out that the bond had been duly applied for
but the surety company had refused to issue the bond.
District Attorney John A. Thiele of Dodge county appeared for the
prosecution and Atty. Ray Twining of Milwaukee defended Mr. Cody.
The next episode in the original case is set for next Monday at
Jefferson when Judge Grimm will rule on the petition to have the judgment
reopened. Judgment was rendered in Dodge county on a change of venue.
WDT
Here
is a victory, of sorts, for Mr. Cody. But that doesn't surprise him.
CODY NOT SURPRISE OUTCOME OF HIS CASE
Regarding the dismissal of the case of the state of Wisconsin vs.
William G. Cody, he says he was not at all surprised at same for he said he
well knew he made no misrepresentation to the bonding company agent when he
made application for a bond, and he said that according to the complaint made
against him that no person would be safe to make an application to a bonding
company for a bond. Mr. Cody left for Milwaukee early this morning to consult
his attorneys and to obtain the necessary papers in some causes of action in
damage suits.
Mr. Cody further says he is not through with this case and everyone
connected with this case may be sued damage and all these people desiring law
can have all they want as he is well prepared to protest his wife’s and his own
interests.
WDT
Early
in April Judge George Grimm denied a motion for reopening of the judgment award
to Albert Tesch against Wm. Cody and he set aside the injunction restraining
Sheriff Mrs. John Gruel from selling the cows to satisfy the judgment. The
sheriff's office was instructed to set a new date for the sale. Cody, claiming
that Judge Grimm really had no jurisdiction in the case, consults with his
Milwaukee attorney and the next day it is learned that action has been started
for $5,000 damages against Albert Tesch on charges in connection with taking
custody of the cows "and the false pretense case".
Four
days later another injunction is served, this time by the Court Commissioner of
Palmyra, Wis., restraining the sheriff of Jefferson county from selling the
five Holestein cows in possession of Alber Tesch,
until April 25, ten days later, that delay being necessary, the affidavit
specifies, because Mary E. Cody is preparing an appeal to the Wisconsin supreme
court against the decision of the lower court awarding judgment to Albert
Tesch. Mary and William Cody want only enough time to prepare the necessary
papers, and secure and file the bond. The next day, April 16, Cody returns from
Jefferson claiming he has secured an order from Judge Grimm, (who, Cody had
said, has no jurisdiction in the case) ordering the return of the cows upon
Cody's completing the appeal to the supreme court.
With
all these appeals, accusations, injunctions, and restraining orders, the people
of Watertown must have been thoroughly confused. We certainly would not be far
wrong in assuming that they eagerly awaited the next issue of the Watertown
Daily Times or the Watertown Gazette.
The Cody-Tesch cow case will be reviewed by the Wisconsin supreme
court.
Skinner and Thauer, attorneys for Mr. Tesch, were today served with
notice of appeal from the judgment awarded to their client against Mrs. Mary
Cody in the Dodge county court and also the judgment on a change of venue.
This appeal has been hanging fire for the past two weeks while the
Codys endeavored to secure bond and such bond in the sum of $500 with William
G. Cody and Kate Dolan as sureties accompanied the appeal. The bond is to cover
the costs in the supreme court and also to cover the judgment in case the
supreme court decides against the Codys.
This means that the cows, which until this time have been in the
custody of Tesch, are now returned to their owners.
Another angle to the cow case—the $5,000 damage suit brought by
Cody against Tesch charging malicious prosecution was up before Judge Davison
at Juneau this morning. The court ordered that William G. Cody, the plaintiff,
secure a bond in the sum of $250 as security of costs in this action and that
$10 costs be given defendant, the proceeding to be stayed until the bond is
filed twenty days being allowed to secure such bond.
WDT
Now
the cows are back in Mr. Cody's possession and he has brought a $5,000 damage
suit against Mr. Tesch for malicious prosecution. Mr. Cody has 20 days to
secure a bond of $500 and he loses no time.
The latest episode in the Cody-Tesch cow case transpired Saturday
afternoon. The last development was the securing by Mr. Cody, of a bond in the
sum of $500 as security for costs to carry the case to the supreme court and
also for the payment of the judgment rendered in favor of Albert Tesch by Judge
Davison of the Dodge county circuit court. Said bond was signed by William G.
Cody and Kate Dolan.
Skinner & Thauer, attorneys for Mr. Tesch called for a hearing
to examine the bond and approve the same. This hearing was held before Court
Commissioner O. C. Hahn of this city. Mr. Cody appeared at the hearing and was
examined by Attorney Wallace Thauer but the other surety failed to appear and
the bond was not approved. Pending examination of Kate Dolan and approval of
the bond the case cannot be carried up and the cows remain in the possession of
Mr. Tesch.
WDT
What's
this? The cows are in Mr. Tesch's possession? Just a few days ago they are with
Mr. Cody. The poor cows must be weary of traveling the distance between the two
properties. This is not a case, we should remember, of merely walking them
through a gate to an adjacent property. Mr. Cody is keeping them in his barn
behind his house on North Church Street between West Main and O'Connell
Streets, and Mr. Tesch's barn must be outside the city limits for he is never
ordered to cease keeping cows on his property as Mr. Cody is.
But
that is about to stop. On May 21, the day after Charles Lindbergh lands in
Paris, this puzzling item appears in The Voice of the People:
William G. Cody and Mary E. Cody were today served with a notice
regarding keeping of cows in a certain residential district. Mr. Cody claims he
has consulted an able firm of attorneys who claim said ordinance is
unconstitutional, and Mr. Cody said he will go to Milwaukee and obtain an injunctional restraining order and expects to sue the city
for $100 damages. Mr. Cody is now trying to close a deal to purchase 50 goats
for he says he can sell such goat’s milk to hospitals for good money and that
if he cannot keep cows he can keep goats.
W.G. Cody
WDT
The
above item is puzzling for a number of reasons. It is printed in The Voice of
the People column which carries letters from the readers. It is signed as
letters are, but it is written in the third person rather than the first person
as letters normally are. Did Mr. Cody compose the item and submit it to the
Watertown Daily Times for publication only to have the Times print it as a
letter to avoid giving it undue credence?
The
item is further puzzling in that no mention is made in future issues of any
restraining order being obtained, no suit for $100 damages being brought
against the city, and no further mention of Mr. Cody buying any goats or even,
for that matter, that he ceased to keep cows in his barn although we do know
that the barn was torn down by the city four years later.
The
Cody-Tesch cow case has been going on for the better part of a year. Surely by
now the people of Watertown are beginning to tire of it.
A new tangle in the celebrated Cody-Tesch cow case has arisen and
is to be settled by Circuit Judge George Grimm next Tuesday morning. It is the
petition of Kate Doan (sic Dolan) to be released from the bond which she signed
with William G. Cody and by which Mr. Tesch turned back the cows to their
original owner. The bond is in the sum of $500 to guarantee the payment of the
judgment awarded to Mr. Tesch if the supreme court decided as did the circuit
court and also to guarantee the expenses of carrying the case to the supreme
court.
Attorney R. W. Lueck is attorney for the petitioner and Skinner
& Thauer for Mr. Tesch.
WDT
Could
it be that Kate Dolan is beginning to tire of the case? Could she be wondering
about the driving force behind Mr. Cody? Could they have had a falling out?
Hearing on the petition of Attorney R. W. Lueck on behalf of his
client, Mrs. Kate Dolan, to have a bond which the latter signed, set aside,
which was to have come before Circuit Judge George Grimm today, has been
postponed for one week. Mr. (sic Mrs.) Dolan signed a surety on a bond for $500
with William G. Cody guaranteeing that payment of the judgment awarded by the
Dodge county circuit court to Albert Tesch, if the judgment id upheld by the
state supreme court and the bond also cover the cost of appeal. Skinner and
Thauer, attorneys for Mr. Tesch, accepted the bond and had their client return
the cows held to satisfy the judgment, to the original order. Having accepted
the bond Mr. Tesch’s attorneys are attempting to having it kept so, but in case
it is, the cows will be seized again.
WDT
Mr.
Cody was finally allowed to retain ownership of the cows but he seemed to be a
bit lax in caring for them. But the caring for the cows seems secondary to him.
Who can worry about cows when keno games are being operated in town?
Wm. G. Cody Takes Hand In Suppressing Keno Games Here
The second warrant for operation a keno game was made late
yesterday when a warrant was served upon William Beisner, 121 West Main street,
while the poultry was being raffled.
The complainant this time was William G. Cody. Mr. Beisner appeared
before Justice of the Peace Ferd. Schmutzler last evening and was assessed a
fine of $5 and costs, the total being $9.36.
Mr. Cody was interviewed this morning and asked his reasons for
making the complaint. He stated that he saw the law being violated and felt it
his duty to swear out a warrant. He denied that he acted on request or through
understanding with Charles Kerr, who made the complaint against the local
Knight of Columbus. Mr. Cody was then asked whether he intended to complain of
other keno games and he answered: “No, I am all through. I have troubles enough
of my own.”
Mr. Cody was then asked to explain why, if he wished to restrict
law enforcement, he allowed his cows to roam through parts of the city and
right now had them in a barn back of his residence on North Church street, in
direct violation of two different city ordinances. He replied that the
ordinances were unconstitutional.
Mr. Cody has been arrested on a charge of having allowed his cows
to roam and the case was postponed until November 16. As yet no charge has been
made against him for keeping his cows within the prescribed area of the city.
Mr. Cody also has a case before the supreme court in which these
same cows are involved, this action being his attempt to have set aside the
judgment which had been awarded Charles Tesch, for damage done by the cows over
a year ago.
WDT
Cross Reference, regarding Keno:
12 12 1894, WR: To the Editor: Our city authorities, about a
year ago, announced with quite a flourish of trumpets that they would suppress
public gambling in the shape of "keno," a game which is very popular
in some of our saloons. These spasms of
official virtue seem to have passed away, as the game is being played nightly,
and openly advertised. Perhaps in the
present overworked condition of our police force it will be impossible to
completely suppress the game, but our city fathers can easily remedy this by
creating a few more officials. The new
charter and their own inclinations will, no doubt, make such a task a joyful
one. So long as the public crib is not
quite empty, a few tax-eaters, more or less, will not make much different. In
the words of a time honored maxim here, "De city can pay for
it." — SPECTATOR
Although
the report clearly states Cody's transgression was letting his cows roam at
large and keeping them in a barn back of his residence, somehow this became
translated to keeping the cows in the basement of his house. Seventy years
after the reported incident, there still are those who insist the cows were in
his basement.
_______________________________
The second Cody cow case in which Wm. G. Cody was charged with
permitting his cows to roam in the city in violation of the city ordinance was
heard before Justice Ferd Schmutzler this morning, City Attorney R. W. Lueck
conducted the prosecution and Attorney Ray Twining of Milwaukee appeared for
Mr. Cody. The case was decided against Cody who was assessed a fine of $10 and
cost or twenty days in the count jail. Mr. Twining took an appeal to the
circuit court and bonds were set at $100.
The first cow case is now over a year old and is not settled yet,
being before the state supreme court. In this case Charles Tesch sued Mr. and
Mrs. Cody for damages done by their cows.
WDT
Winter
and spring come and go and summer is nearly over when the case finally comes to
court again. For some reason the fine has been reduced to $5.00 which should
please Mr. Cody, but it doesn't?
Justice E. G. Buroff this afternoon fined
William G. Cody $5 and costs for an infraction of a city ordinance prohibiting
the keeping of cattle within a certain zone in the city.
Mr. Cody asked for the postponement and filed an affidavit that he
was not ready for trial because his attorney could not be present. This was
refused. The court heard two witnesses for the prosecution and then asked the
defendant whether he wished to offer any evidence. Mr. Cody refused to offer
any evidence as he had no attorney.
Justice Buroff found the defendant guilty
and fined him $5 and costs. Mr. Cody said that he would appeal to the circuit
court. He also said that he had a good point in his favor as one of the
witnesses for the city said that the cows were in charge of Mrs. Mary Cody, wife
of the defendant. He also said that he is not the owner of the cattle and that
the assessment roles will verify this statement, they knowing that Mary Cody is
the owner.
WDT
Mr. Cody’s maneuver succeeded in delaying justice less than a week.
William G. Cody of this city is today an inmate of the Jefferson county jail
having been taken down there this morning by Officer Zimmerman by order of
Justice of the peace A. G. Buroff for failure to pay
a fine of $5 and costs to which he was sentenced on August 16, after having
been found guilty of a violation of the city ordinance which prohibits the
keeping of cattle within a certain proscribed zone of the city.
Cody was taken unawares this morning when he appeared before the
justice with one Mike Brown who was to have signed his bond on an appeal to the
circuit court. It was found that Brown was not a free-owner and he was
unwilling to sign a cash bail bond therefore Justice Buroff
signed a commitment which turned him over to Sheriff Mrs. John C. Gruel.
Cody vowed to have the law on all his so-called persecutors for the
indignity which he has suffered. Yesterday he had served three summons, one of
Dr. E. J. Hoermann, a neighbor and two on Chief of Police Chas. Pieritz, one signed by himself and one by his wife, Mary
Cody, ordering them to appear within twenty days and answering a complaint
filed in the Dane county circuit court. What the complaint alleges was not
known here today.
WDT
We
are inclined to wonder why Wm. Cody doesn't just pay the fine and comply with
the law. But he marches to a different drummer and is not about to take the
simple way out. He could be a free man, but two days later he is in even more
trouble.
William G. Cody is again the guest of Sheriff Gruel at Jefferson
county jail and his fare for the next ten days will be bread and water.
Under sheriff John Gruel came to Watertown today after having been
notified by numerous local residents that the prisoner he had paroled two days
before was engaged in his usual activities and not in accordance with the
contract entered into with Leonard Oestreich.
The sheriff pointed out that under the Huber laws he was supposed
to parole prisoners who are serving time for minor offenses and he treated Mr.
Cody exactly as he has others. But this same law, the sheriff said, tells him
to put the prisoner on bread and water if he violates his parole.
Cody was farmed out to Mr. Oestreich for twenty days at $1 per day.
When the sheriff called at the Oestreich farm he found a prisoner was not
there. He located him at his home in North Church street and took him to the
local police station where he was locked up until the sheriff went back to
Jefferson later this afternoon at which time Cody went with him. Under Sheriff
Gruel said that before leaving: “Any of Cody’s friends who wish to interview
him for the next seventeen days will find him in the Jefferson county jail and
that for the next ten days Cody will have to subsist on a bread and water
diet.” Which endeth another one of the Cow Case
serials.
WDT
A diet of bread and water not being the
most pleasant imaginable fare, Mary Cody comes to William's rescue, but as a
matter of principle, the prisoner stays on the diet two days longer than
necessary.
William G. Cody is again a free man having been discharged by
Sheriff Gruel at Jefferson this noon after his wife had paid his fine to Police
Justice E. Buroff. Mr. Cody could have gone home
Tuesday had he so desired as his wife had paid the fine on that day but he at
first refused to accept his liberty, demanding that the fine money be returned
to Mrs. Cody. Arrangements were underway to do this when Mr. Cody decided to
return home.
The fine of $5 assessed against Mr. Cody for violation of the city
ordinance which prohibits the keeping of cattle within certain zones, was
increased by costs of $16, 17 (sic) totaling $21.17. The case was in justice
court August 16 and when the fine was not paid by August 22 Cody was taken to
the county jail.
WDT
Things
have finally quieted down. The cows are back where they belong, some saloons
have been closed on Sundays, and Mr. Cody has paid his fines. Watertown is
again peaceful. Until --
William G. Cody again puts on his War Paint
Claiming malicious persecution, discrimination; etc., William G.
Cody today Threatened a damage suit for $50,000 against those who were
responsible for Having the ordinance passed in the city council Tuesday night
prohibiting the Building of a dance hall within 1,500 feet of a residence.
Mr. Cody states that the ban was aimed solely at him on account of
him having started to build a dance hall and filling station on his farm on the
north road. He says that he asked an alderman why this ordinance would not
prohibit dances in the Turner, Davy’s hall and the Masonic temple, and was told
that they were in existence before the ordinance was passed, thus elimination
them from the new rule. Cody states that he got out the timber for his hall
several months ago and that the dance hall will soon be completed and he brands
this move as a shameful case of malicious persecution which he will fight to
the last ditch. He says he will go to Milwaukee Thursday to retain Attorneys Mcovern (sic) Lines, Curtis, Daves & Reese and expects
to get an injunction and restraining order to commence the damage suit.
WDT
Newspaper
accounts do not tell what eventually happened to the dance hall/filling
station. Its fate was probably eclipsed by the news that in February, 1928,
Elisabeth S. Wolfram as administratrix of the estate of Edward C. Wolfram,
deceased, and Henry J. Schaub, Plaintiffs, had file foreclosure sale
proceedings against William G. and Mary E. Cody. The real estate involved was
described as: lots eight (8) and nine (9) in block twenty-six (26), original
plat of Watertown on the west side of Rock river . . . The sale was originally
scheduled to take place at the west door of the court house in the city of
Jefferson on Tuesday the 25th day of June, A.D. 1929 at the hour of 2:00
o'clock in the afternoon.
But
things did not come off quite as planned. On September 21, 1929, the following
three- part item appeared in the Watertown Daily Times:
Juneau -- Foreclosure sale of the Wm. G. Cody farm property,
located within the city limits of Watertown on highway 26, was scheduled to
take place in the courthouse here at 2 o’clock this afternoon.
The sale was originally advertised for June 25, 1929 but four
postponements delayed it until today.
Jefferson -- Foreclosure sale of the Wm. G. Cody residence located
in North Church street, Watertown, is scheduled to be held by Sheriff John C.
Gruel in the courthouse here Saturday afternoon. The sale was postponed four
times being originally advertised to be held in June. Sheriff Gruel stated
today that as far as he knew he would make the sale tomorrow.
Farm Is Sold
The Cody farm was sold this afternoon by the sheriff at Juneau for
$11,025. The bidders were the holder of the mortgage, H.J. Schaub, Mrs. E.C.
Wolfram, Herbert Wolfram, Violet Wolfram Goessling.
WDT
This
was a bad weekend for William and Mary Cody. The last of Dr. Cody's farms was
sold on Saturday and the home on Monday.
Jefferson---Sale of Wm. G. Cody property located in North Church
street, Watertown, was reported today following the foreclosure proceedings
conducted Saturday afternoon by Sheriff John C. Gruel at the courthouse here.
Four times before a delay had been obtained in the sale. The bidders were the
mortgage holders on the property, the estate of Edward C. Wolfram. Among the
representatives here were H. J. Schaub of Watertown and members of the Wolfram
family. The price was $4,500. The same bidders took over the Cody farm located
in Dodge county portion of Watertown which was sold in foreclosure proceedings
at Juneau last week. The price bid for the farm was $11,025.
WDT
The
selling of the farm and the North Church street house should now put an end to
any more trouble with the Cody cows, one would think. Not so! The cows still
roam rather freely and annoy the citizens of the west side.
The city council has declared war on Wm. G. Cody’s cows, which have
on numerous other occasions been the subject of battles, both in and out of the
courts.
The cows are again accused of roaming about the city doing damage
and causing much annoyance and the council has decided once more that it must
be stopped.
At Tuesday night’s meeting of the council Alderman Carey introduced
a resolution ordering Chief of Police Pieritz, City
Attorney R. W. Lueck and City Clerk A. H. Stallman to take the necessary steps
to see that the cows stop roaming.
Alderman Carey said the resolution was prompted by numerous
complaints that have been lodged against the cows in the city.
WDT
Weary
though the city officials and the citizenry may have been; weary of the cow
cases, weary of the disposing of the Cody property, this was not the end for
either. Bill Cody did not rest after
selling the last farm. In fact, he had not sold it legally in November of 1929
as was generally believed.
Juneau County records here in the case of the Wolfram estate and
Henry Schaub against William G. Cody and his wife, in which the Cody property
was bid in at sheriff’s sale by the plaintiffs indicated that the sale has been
set aside. The matter had been held up for several weeks to give Mr. Cody time
to file a bond and when said bond was filed Tuesday the sale was set a side.
Reasons for setting aside the sale were given by Cody that he had
been told that the sale was postponed and hence did not have a chance to bid
in. This contention was supported by affidavits of Atty. George Hartman of this
city and by Hiram Hitchcock of Milwaukee. The Hartman affidavit alleges that Under sheriff Nitschke came to the attorney’ office just
before the hour of the sheriff’s sale and stated that the sale had been
postponed but later on the same day the sale was made.
The Hitchcock affidavit alleges that the affiant was desirous of
bidding on the property to protect Mr. Cody, but that he did not attend the
sale as he had supposed that it had been postponed to a later date.
Mr. Cody states that he will have the mortgage taken up and the
property platted and sold off in lots and acreage and thus settle the matter
satisfactorily to all parties concerned.
The property involved is the Cody farm located on highway 26.
WDT JAN. 8, 1930
That
was not just one of Bill's idle boasts. Within 14 weeks Watertown learns that
the whole affair is moving forward and just might find its way into the supreme
court.
Wm. G. Cody is in Milwaukee today to consult his attorney
concerning the foreclosure sale of his property which has been postponed
several times. Mr. Cody says that unless he is granted a further extension of
sixty days, needed to complete a new loan, he will appeal the case in the
supreme court. He further states that the reason the new loan has not been
consummated was due to the fact that the attorney in charge of his case, Walter
Corrigan, is busy as counsel in the Kohler ouster case. Atty. Corrigan, he
said, will handle his appeal in the supreme court. Asked whether there was any
doubt of him securing the new loan, Mr. Cody stated that there was not any
information that the bonding company already had agreed to further
postponement.
WDT
Part V
__________________________________
THE END
OF A
COLORFUL LIFE
Neither
Watertown paper carries a word about any further action being taken regarding
the infamous cows. But life went on! Nationally, Thomas Edison died, and Al
Capone received a sentence of 11 years in a federal prison. Locally the Cole
Memorial Bridge was dedicated, the beer cellars under Memorial Park were caving
in, and the city was having trouble coming up with an acceptable garbage
collection plan. And Bill and Mary Cody were well aware that not all was
peaceful in their lives.
Dodge county court records show a notice of appeal to the state
supreme court by Wm. G. Cody and Mary E. Cody in the foreclosure proceedings
brought by Wolfram and Schaub. As the case now stands the Cody residence in
North Church street, Watertown, and the farm property in the outskirts of
Watertown, have been bid in by the mortgages and Sheriff John C. Gruel has a
court order to dispose them of the property, which the sheriff intends to
execute this week.
WG
Has
William G. Cody finally met his match? Will he be able to deflect the action
with another lawsuit? It seems highly unlikely.
Yesterday afternoon William G. Cody was dispossessed of his home in
North Church street. Foreclosure of the property had taken place several months
ago, and recently notice was served on him to vacate and not doing so, by order
of the court Sheriff John C. Gruel of Jefferson, with a number of assistants,
removed the Cody household furniture to the curb in the north side of the
residence, where it remained all night, and is still there at this writing. Mr.
and Mrs. Cody spent the night in the homes of neighbors. This property has been
in possession of Mr. Cody and his father, the late Dr. Cody, for over 75 years.
It is one of the best resident sites in our city, and though sorely in need of
repairs, one of the finest in Watertown. It is a pitiable ending of a once
opulent Watertown family. Dr. James Cody, one of Watertown’s most noted
physicians and surgeons, esteemed and respected by the older residents of this
city and state, built the present residence on this site, and it was his home
up to the time of his tragic ending. Knowing the Cody family history as we do,
it short-comings, and its good deeds, and our acquaintance with the family, the
late Dr. Cody having been our parents’ and our family physician for years, the
present case of which we write, strikes a sympathetic chord in our system, as
we know it does with other older residents here. The law had to take its
course, the officers do their duty, and the new owner of the property in their
long-drawn out patience had eventually come into which rightfully belonged to
them.
Those dispossessed have our sympathy, and in our own estimation
they no doubt feel an injustice has been done them. The law says differently,
hence its mandate must be respected.
The Codys also lose their fine farm on the North road, which was
originally owned by Captain James Rogan, one of Watertown’s first settlers, and
the father of Dr. Cody’ first wife.
WG
A
lesser man would probably have admitted defeat at this point. Not so Mr. Wm. G.
Cody! Somehow he manages to be moved back into the old homestead where he
resides for some months. We would probably be very right in assuming that at
least some of his time was spent hatching a scheme which would work to his
advantage. We do know that he filed an
appeal with the Wisconsin supreme court concerning the decision of the circuit
court on his foreclosure of mortgage sale. The Wisconsin supreme court denied
his appeal. Then, on September 17 an incident occurred which, by conjecture,
indicated what he was up to at this time
Mr.
Cody witnessed an automobile accident which took the lives of one person and required
W. G. Cody to serve as a witness at the resulting hearing. The interesting part
of it is that the accident took place at the intersection of Highway 106 and
Capitol Drive, on the outskirts of Milwaukee where Mr. Cody was "walking
on the highway bound for Watertown...." Why was he walking back to
Watertown? Could he not afford the train fare home? And why was he in
Milwaukee? Was he there to consult a lawyer about the pending foreclosure? Or
was he there to prepare a new lawsuit against someone? The latter seems more
likely for a few days later the following item appears in the local paper:
Mortgagees
Take Over William G. Cody Residence. The long expected eviction of Mr. &
Mrs. William G. Cody from their residence in N. Church Street was done
Wednesday afternoon, 5/13/31 by Sheriff John C. Gruel and his deputies, Roy
Schmidt, Bob Haredy and William Spear. Sheriff Gruel
and the two deputies first named, started on the job about 3 o'clock and found
such a quantity of goods in the large residence that Mr. Spear was called in to
help and 3 extra men were hired, and even with that crew it took until nearly 7
o'clock to complete the job. The household goods were placed on the sidewalk on
O'Connell Street where they still were this afternoon. Mr. Cody was in the
house at the time but left, stating he was going to Milwaukee to start a damage
suit against the sheriff. Sheriff Gruel states that he had no alternative than
to put the couple out of their home inasmuch as he was acting under a court
order made after due process of law under foreclosure proceedings which had
been fought at every step thereby taking a much longer time than is usual. The
doors of the home were locked and nailed up and the key turned over to H. J.
Schaub, one of the mortgagees. It is reported that a similar action will be
taken by Dodge County authorities to gain possession of the farm located at the
city limits at the end of N. Church Street.
WG
Cody Sues Two Sheriffs for $50,000
Gets Injunction
William G. Cody of this city, whose numerous law suits have won him
considerable notoriety, is launching a new series of actions, some growing out
of his recent eviction from his home and farm. Mr. Cody has had an injunctional order subscribed to by Paul H. Tratt of Fort
Atkinson, circuit court commissioner, which enjoins the defendants names in his
complaint “from in any way interfering with the quiet enjoyment of the premises
described in the plaintiff’s affidavit”.
Sheriff John C. Gruel of Jefferson county, Sheriff Henry E. Lehmann
of Dodge county and the law firm of Skinner & Thauer of Watertown are named
as joint defendants with Elizabeth S. Wolfram, deceased, Henry J. Schaub,
Elizabeth S. Henning and Violet Goessling, the parties interested in the
foreclosure sale.
Mr. Cody contends that the foreclosure sale and the eviction of
himself and wife from possession of their home in Jefferson county and their
farm in Dodge county, was not done in accordance with the law and he has had
summonses issued in a suit for $50,000 damages against the two sheriffs and the
other defendants named in the injunction.
There is a personal injury angle to the complaint, according to Mr.
Cody, who alleges that his wife was just beginning to recover from a major
surgical operation when the eviction took place and in consequence her health
has been seriously impaired.
Another angle to the case is disposition of the cows of the Codys
when they were dispossessed of the farm. Mr. Cody states that Sheriff took the
cows and illegally turned them over to a farmer in Jefferson county to take
care of them, that said cows have been pledged as security for a bond and that
he intends to sue for the value of the animals.
WDT
The
newspapers carry no clue to what had been transpiring from May 14 to the end of
October, 1931. According to some Watertown citizens who were teen-agers at the
time, the Cody possessions remained on the sidewalk during the summer and early
fall. They tell of visiting with Mary Cody as she sat guarding the furniture
with a shotgun across her lap. Some of the furniture had been moved back into
the house and Mary and Bill had taken up housekeeping after a fashion. But
winter was approaching and there were those who were concerned with the welfare
of the Codys.
Cody Evicted From Home
For the Second Time
Another episode in the Cody cases was enacted this morning when Sheriff
John C. Gruel and two deputies ousted William G. Cody and his wife from their
residence in North Church street, removed their household goods and started two
men tearing down the barn on the premises.
This was the second time that the sheriff removed the former owners
from their home, following its sale under mortgage contract last spring, the
Cody’s having moved back after the case was carried to the supreme court. The
higher court refused to set aside the sale, but last week Mr. Cody secured a
restraining order from Paul H. Tratt, a circuit court commissioner of Fort
Atkinson ordering the mortgages not to interfere with his peaceful possession
of the premises, and he also served summons on the sheriffs, the mortgages and
their attorneys, for a $50,000 damage suit.
Skinner & Thauer, attorneys for the mortgages thereupon filed
an affidavit with Court Commissioner Tratt, acquainting him with the true
account of the proceedings thus far and the court official vacated his order.
The attorneys also had a new injunction issued by O. C. Hahn, court
commissioner from Watertown, restraining Mr. Cody and wife from interfering
with the mortgages, which was served on the Codys by Sheriff Gruel this
morning.
It was stated that the mortgages have agreed to pay two months rent for storage of the Cody’s personal property and
goods which have so long been lying on the sidewalk alongside of the residence
have been put under shelter (sic).
WDT
Extensive
research does not reveal when or how the Cody's left Watertown. We do know that
in 1932 the father of Donald Kuntz. Mequon, Wis., rented his "River
House" on the bank of the Bark River Mill Pond, south side Merton,
Wisconsin to Bill and Mary
Cody.
Mr.
Kuntz remembers Bill Cody as "semi-senile, thin, scrawny" man, not
much given to conversation.
Mary,
he remembers, was "large, powerful, Irish, broad in the beam, no shrinking
violet, a true Irish washer-woman type with a good mind." She was, he
remembers, "an exceptional woman, a delightful person" and quite
protective of her husband. Bill Cody, he recalls, spent much of his time
fishing and frequently dug for worms on the Kuntz farm.
One
day, while bending over as he dug for worms, Bill was spotted by a ram which,
seeing an inviting target, evidently made the most of it. The next day the
elder Kuntz was called into the Cody home where Mary took down Bill's pants,
dropped his underwear flap, and showed Mr. Kuntz "What your ram did to my
husband".
One
can only speculate as to how the Cody's managed to exist now that they lost all
their property. Did the proceeds from the foreclosure sales generate enough
funds to support them the rest of their days? Had Wm. G. Cody managed to
accumulate bank accounts? Or did they exist entirely on the money Mary earned
running "the River-House" as a boarding house for railroad men? Can
we assume they managed to bring with them some or all of the furniture which
spent much time on the sidewalk near their North Church Street house? And how
did they come to possess two cast-iron chairs which, according to Donald Kuntz,
the Cody's claimed came from a cemetery in Watertown? Was appropriating those
chairs Bill Cody's final act of defiance toward the city of Watertown?
Although his friends and/or relatives may have been in touch with
him during the final fifteen years of his life, we are unaware of any more
lawsuits or allegations being brought by Wm. G. Cody. The general public seems
to have heard no more about him until his death in 1947.
Funeral services were held this week for William G. Cody, 85, for
many years a resident of Watertown who died at his home in Merton, Waukesha
county. Services were held at St. John’s church at Monches,
with the Rev. Adrian Trost officiating. Burial was in the parish cemetery.
Mr. Cody was born in Watertown, a son of the late Dr. and Mrs.
James Cody. In 1902 he married Mary Poch, the wedding taking place in
Watertown.
Mr. Cody was a graduate of Sacred Heart college and the University
of Chicago School of Pharmacy. His wife is his only survivor.
WDT
The death of William G. Cody at Merton this week his turbulent days
during his residence in Watertown when he was the central figure in the
celebrated “cow cases” which made the newspapers of the state over many months.
He was involved in many court tangles with both the city and Jefferson count
and at one time was active in trying to dry up Watertown and enforcing the
Sunday blue laws. Cody was a graduated pharmacist, but during his many brushes
with the laws a leading resident of Watertown once said of him: “Bill Cody is
the best damn lawyer in Watertown.”
WDT
Appendix A
Circuit
Court
Thersa Cody Plaintiff
Vs
William
Cody Defendant
Jefferson
County
Theresa
Cody being fully sworn says that she is the plaintiff and this action was
joined on the fourth day of November, 1885, that she has a valid course of
action in the whole that the case in said action has been fully and fairly
stated to her council Harlow Pease who resides in the city of Watertown in said
county and that she has a valid and substantial cause of action in whole --
That she is advised by her said council and truly believes that she cannot
safely go to trial in said action without her own personal attendance testimony
. . . Despondent further says that she is very far advanced in pregnancy and
expects to be confined therewith within a few weeks from the present time.
Deponent further says that her general health is not good and that for and
during the four months last passed she has been confined to the house with
neuralgia in her face and head and has been obliged to procure medical advice
and treatment -- therefore Dr. W. F. Whyte who resides in the city of Watertown
in said county is her medical adviser and attendant of and that she is advised
by him and wisely believes that it would be injurious and unsafe for her to
attend or to attempt to attend the times of this case to be held in the month
of February, 1886 by reason of said physical condition.
Subscribed
and sworn before me -- signature of Theresa Cody
this
30th day on January, 1886
Harlow
Pease
Notary
Public
Appendix B
WDT
May 5, 1969
Clarence
Wetter column
Watertown
has had a great many unique characters over the years. In their ranks one would
certainly have to include the name of the late William G. Cody who lived at 114
North Church Street.
For
years he was the center of controversy here -- he seemed to enjoy it and kept
the legal fires burning. It was he who almost more than any other man brought
about the Sunday closing of Watertown saloons for a number of years. He would
sign complaints against saloonkeepers who were caught violating the Sunday
closing laws, at the time, along about 1912.
Mr.
Cody's North Church Street home contained some of the finest woodwork in any of
the stately old residences here. But when we visited it on a special assignment
in the 1930's we found an old planing mill in that
was the parlor and any number of cats in the house, each with a name. The Codys
kept cows within the city limits a block off West Main Street and the city had
"a devil of a time" getting rid of them for the Cody's fought back in
the courts and delayed, postponed and circumvented the city ordinance for
years.
At
one point in the long dispute with the city Mrs. Cody sat on the lawn of the
home with a gun in her lap to halt a deputy sheriff and his force sent to get
rid of the cow.
Newspaper
files, both here and in Milwaukee and other state cities, are full of accounts
of the battles between the Codys, the city and Jefferson County.
We
once wrote a report of one of the incidents for Milwaukee Sentinel and the
staff cartoonist of that paper, the late Cad Brand, illustrated it with one of
his cartoons for Sunday edition of the Sentinel.
Mr.
Cody got to be quite an authority on law and fought many of his own battles in
the courts.
We
were once in the office of the late Charles A. Kading, then an attorney here
and a congressman, when Mr. Cody stepped in, walked through the waiting room
which was filled with people; into the office of Mr. Kading. He went up to the
book shelves, took down a volume of the state statutes, looked up what he
wanted to find, found it, put the book back and walked out without saying a
word.
The
Kading offices then were in the old Masonic Temple.
Mr.
Cody fought so many legal battles and knew so much law that the late Rev. William
Mahoney, the pastor of St. Bernard's Catholic Church, later Msgr. Mahoney at
St. Raphael' Cathedral in Madison, told us: "If I ever got into trouble
and needed legal advice I think I would engage the services of Bill Cody".
Mr.
Cody was also the only man in Watertown who could "prove" that he was
sane and he took delight in reminding people of the fact. This came about as
the result of sanity hearing a judge once ordered for him and he was found to
be "sane".
Then
there was the morning when the late James W. Moore, editor and publisher of the
Watertown Gazette located at the northeast corner of West Main and North Water
Streets, second floor, was standing on the corner, talking with the late
Charles Straw, the late Thomas Brooks and several other men.
They
were busily engaged in conversation when Cody came along and joined them. He
listened for a while, then broke in with the remark, "On this subject I
think you're all crazy - and please remember I have papers to prove I am sane.
None of you can say that."
And
either Mr. Moore or Mr. Straw retorted, "That's all right, Bill, but you
had to prove you were not crazy and we don't".
1894
07 13 Will Cody is
putting in an elegant cement sidewalk in front of his residence. WG
1907
08 27 The question of the paving of North Church Street had resolved
itself to this practical solution: If
the residents of South Church Street want brick for the convenience of their
"benzine wagons," they should have it. But the people on North Church Street who
voiced their opposition to the paving by brick should have been considered in
the matter. I will wager today that if
Mr. Ryan or any other member of the city council will make a canvass of North
Church Street they will find a large majority opposed to brick paving.
Just one thing more in
closing. I wish to refer to The Times article calling attention to
the opportunity which was offered the tax payers to be heard. True, but the majority of the property owners
on North Church street did not fully understand, I therefore asked that the final
action of the council be deferred for a couple of weeks familiarize all with
the situation and appear in person. The
council could have extended this courtesy and left a better feeling prevailing
among the North Church Street property owners.
Dr. O'Malley was the only resident on North Church to appear in favor of
brick paving and if I am not greatly mistaken, the doctor is not a tax payer.
Yours for fair play,
Wm. G. Cody
1914 TO FORCE
BOND COLLECTION
12 31 The
following letter has been sent to the city clerk and will be read at the next
meeting of the city council:
Dec. 29, 1914
To the Mayor and City
Council, Watertown, Wisconsin.
Gentlemen:
I, William G. Cody, taxpayer and citizen, have
consulted Madison attorneys as to the bond given to the city of Watertown by the interurban line, as to
running a line on North Montgomery Street and so forth, as to the collection of
said bond. The said Interurban line has
failed to run said line and I am advised by counsel at Madison to ask this
honorable city council to inform me as to what has been done in the matter as
to collection of said bond, and as to what your intentions are in the future as
to collection of said bond, so as to enable me to take the proper legal steps
to compel the collection of said bond if necessary. Kindly answer and oblige.
Yours very truly,
William G. Cody. WG
1915
SUNDAY CLOSING LAW / W.
G. Cody closed saloons on Sundays
WATERTOWN WOES
no date WATERTOWN IS WIDE-A-WAKE.
The question of closing the saloons on Sunday has resulted in much talk
and considerable activity.
W. G. Cody was a candidate
for justice of the peace, to fill the vacancy caused by the death of the late
Judge W. D. Stacy. Cody secured a big
petition signed by many of the leading business men asking for his appointment
as Justice of the Peace. Mayor Kading
sent his nomination to the council, where it was turned down. Soon after that Cody got after the saloons
and closed all of them up on Sunday. He
made complaints against saloons in several neighboring villages, such as
Pipersville, Ixonia, Lebanon etc., and closed those places, also on Sundays.
But when matters blew
over a bit some of the saloons began to open up Sundays, and Cody got busy
again. He had several saloon keepers
arrested and taken to Jefferson for trial.
Some trials were had and other cases are now pending. Some defendants were found not guilty and
others paid fines and costs, according to reports.
A few days ago a
petition signed by three citizens of Jefferson County was presented to Judge
Kirkland asking that Cody be examined to determine whether he was sane or
insane. Such examination was held but no
result was reached. Another hearing was
held yesterday.
Now it develops that an
organization of business men has sprung up to take revenge on “Cody’s
Persecutors.”
A peculiar feature of
the situation is that Cody denies that he got after the saloons because he was
not appointed justice of the peace, and the saloon keepers deny that they have
had anything whatever to do with the petition to examine Cody for insanity.
The law of “cause and effect” seems to be out of commission in Watertown if all
statements are to be fully credited.
01 28 SALOON MEN ARRESTED
On complaint of William J. Cody warrants were issued on Monday by
Justice of the Peace Charles Buss of Jefferson for the arrest of eight
Watertown saloonkeepers, alleging that the saloon men violated the Sunday
closing law last Sunday. Those for whom
warrants were issued being Ole Olson, Arthur Hilgendorf, S. Molzahn, G. M. Gahlmann, Fred Creuz, John
Guetzlaff, Charles Tiews and George Goetzelmann. On Wednesday Messrs. Hilgendorf and Olson
were served with warrants by Sheriff Touton and taken to Jefferson before
Justice Buss. They were represented by
Gustav Buchheit and District Attorney Stengel represented the state. The case was adjourned to Feb. 5th. WG
02 11 OLSON NOT GUILTY, AT LEAST SO SAID THE JURY
The jury selected in the court of Justice Buss at Jefferson last Friday
to hear the case against Ole Olson, the Watertown saloonkeeper charged with
selling liquor on Sunday, January 24, in a complaint filed by W. G. Cody of
Watertown, returned a verdict of “not guilty” after a deliberation of but
fifteen minutes.
The case against Arthur Hilgendorf, West Main Street saloonist,
charged with the same offense, was the next in order, but adjournment was taken
until Wednesday afternoon at 2 o’clock at which time the case was indefinitely
postponed by agreement of the attorneys.
The case against Fred Creuz was set for next
Friday morning at 10 o’clock. District
Attorney Stengel of Fort Atkinson conducted the case for the state and Gustav
Buchheit of Watertown for the defendants.
Several witnesses testified that intoxicants were sold
in Olson’s place on the above date, but the jury evidently did not believe
them. WG
02 18 WATERTOWN IN AN UPROAR!
New Complications in the Sunday Closing Question.
Can a Man be Declared Insane and “Railroaded” to a
Lunatic Asylum
Because He
Advocates Sunday Closing of Saloons?
Watertown Manufacturers Take Matter in Hand.
The
question of Sunday closing in Watertown, which has been agitating our people
for over two months past, has terminated in alarming conditions, when an effort
is made to deprive a man of that which is dear to every good American citizen —
his liberty – by placing him in a lunatic asylum, and for what? Is it because he happens to disagree with his
neighbor in the enforcement of law? No
other reasonable construction, it appears to us, can be put on this question,
because the man under consideration has committed no overt act, has not broken
a divine or human law and has not threatened even his worst enemies, or been
the cause of any of them being harmed bodily by him.
The Gazette has been neutral in all
the terms implied in the matter of Sunday closing, because it did not believe
the move was inspired by the proper motives, because it did not believe the
time was opportune for such a movement and, lastly, because it is our
experience that in places of this size it produces lasting enmities between
lifelong friends and neighbors that never can be healed.
The Gazette has always favored
law and order. It does so now, but the
Sunday closing question has resolved itself into a greater issue. Who is safe from the lunatic asylum if men
can be found under the insanity law to swear your liberty away?
Eight
saloon keepers have been arrested on complaint of Wm. G. Cody, charged with violating the saloon law, the
cases being made returnable at Jefferson and Lake Mills – in one of the cases a
jury acquitted one of the accused, notwithstanding several witnesses swore they
had been served with intoxicating liquors from behind said saloonkeeper’s
bar. Is this not a subject for unbelief,
were it not a fact, as much as that Cody would be asked a question as to
whether he would “let up” on the saloons if a doctor would declare him
perfectly sane. Another jury at
Jefferson on the same class of evidence has declared one of the other saloon
men guilty. At Jefferson today one of
the saloon men is slated for another trial.
Many
people in this city who favored the Sunday closing of saloons refrained from
talking sides, but now they have become thoroughly incensed at the latest phase
of the case. A petition asking for the
appointment of a commission was filed in the county court at Jefferson last
Friday signed by Dr. A. H. Hartwig, Ex-Sheriff C.
A. Vaughan and County Treasurer Frank Petro, all of Watertown, requesting that
Wm. G. Cody be examined by a sanity commission.
Judge
Kirkland appointed as said commission Dr. G. L. Smith and Dr. J. B. Brewer,
both of Jefferson, and set last Monday afternoon for the date of
examination. Mr. Cody and the commission
appeared and continued the examination until Thursday afternoon at 1 o’clock.
On
learning of this our citizens became thoroughly aroused and on Tuesday morning
the following named reputable citizens, among them the largest employers of
labor in this city, had an audience with the mayor and made it plain to him
that the law must be enforced and the saloons closed on Sunday, not in the
spirit of revenge, but in the spirit of a remonstrance against what they
considered a most alarming and audacious undertaking.
Those
who visited the mayor were:
George
C. Lewis, L. W. Parks and Gordon E. Bacon, president, superintendent and sales
manager of the G. B. Lewis company.
E.
C. Wolfram and Henry J. Schaub, president and vice president of the Wolfram
Shoe company.
Fred
W. Pfeiffer, superintendent of the Beals & Torrey Shoe company.
G.
H. Lehrkind, president of the Washington Cutlery Co.
Thomas
Brooks, west side merchant and undertaker.
Fred
Hollenbeck, traveling salesman.
Winfield
S. Williams.
Isn’t
it almost unbelievable, that, as has been charged, these men make this move for
revenge on Cody’s persecutors? Every one
of these worthy men and thousands of others in this city, among them many
saloonkeepers, were astounded and horrified to think that anyone would so far
forget himself as to resort to any such measure.
This
is a time for calm judgment in the matters at present agitating Watertown. The
Gazette is friendly to all parties to this lamentable affairs, and it
counts among its best friends the three gentlemen who signed the petition to
have Cody’s sanity tested, and also many of the saloonkeepers in Watertown has The Gazette’s highest regard, and it
sympathizes with them in their present troubles so far as it effects their
material interests, but as a choice between right and wrong, law and order,
this paper has always sided with the lawful side of a question in preference to
the material side, knowing full well that where respect for law prevails the
material side of life will necessarily prosper.
We believe the petition to test Cody’s sanity should be withdrawn. It may lead to better results than if
continued to take its course. About 20
of Watertown’s leading citizens have been cited to appear as witnesses in the
Cody sanity case before Judge Kirkland in Jefferson today. WG
02 25 WILLIAM G. CODY DECLARED SANE
The
following named Watertown witnesses were summoned to Jefferson to appear at the
adjourned sanity inquest on Thursday of last week of W. G. Cody: George C.
Lewis, L. W. Parks, Thomas Brooks, E. M. Farrington, E. C. Wolfram, H. J.
Schaub, Joseph Wenker, John Powers, Martin Manning, Fremont Lounsbury, Fred
Hollenbeck, P. H. Swift, Dan Ryan, John Buckley, Mayor Charles A. Kading, City
Clerk F. S. Weber, William F. Voss, W. H. Woodard, James W. Moore, H.
Wertheimer, the Rev. Thos. Hennessey, the Rev. Lorenz Knutzen, Drs. J. S.
Kings, C. J. Habhegger, Ralph Kayson, Joseph O’Connell. L. H. Nowack.
For
the petitioners: Dr. E. J. Hoermann, H. C. Block, Fred Hinze, August
Wiggenhorn, O. A. Schimmel, H. J. Donner, O. R. Krueger, H. T. Eberle, Dr. F.
C. Werner.
The
inquiry was before Judge R. B. Kirkland.
Mr. Cody was represented by Attorney Timothy Hannon of Milwaukee, with
Lyman H. Smith, guardian ad litem, and A. L. Stengel, district attorney for
complainants. Attorney Carl N. Hill of
Madison, was also present, but did not take part in the proceedings. There were but four witnesses placed on the
stand — Dr. A. H. Hartwig, Chas. A. Vaughan, Chas. A. Kading and Dr. F. C.
Werner.
The
witnesses were questioned mostly by Attorney Hannon, and in all our experience in
attendance in court rooms, we have never met with an attorney that was more
gentlemanly or fairer in his method than was Mr. Hannon, reports to the
contrary notwithstanding. In his
questioning, Judge Kirkland was also very considerate and fair, but in his
usual fatherly manner administered a rebuke to “sworn officer of the court,”
for interference in matters that it is the province of a court only to settle.
At
the conclusion of the four above-named gentlemen’s testimony, the attorneys for
Mr. Cody said they did not wish to place on the stand any witnesses, for they
believed the testimony elicited from Messrs. Hartwig, Vaughan, Kading and
Werner was sufficient to acquit their client.
The
court then asked if the complainants had any further witnesses to offer, they
answered no. Frank Petro, the third
complaining witness, failed to put in his appearance, and Judge Kirkland asked
the sheriff to ascertain if he was in the court room or city. The sheriff reported he was unable to find
him, and the Judge remarked it was rather strange for he had certainly notified
him to be present. Was Petro’s action a
case of contempt of court and disrespect for law, or was he unavoidably absent,
we have been unable to learn.
Previous
to the opening of court Judge Kirkland notified all present that under the
statutes it was necessary for him to notify all present that no one could
remain in the court room other than witnesses, officers of the court, attorneys
and those directly interested in the case, and the sheriff was directed to
clear the court room.
Judge
Kirkland then awaited a report of the findings of the examining physicians, Dr.
C. H. Caswell and E. Gibson of Ft. Atkinson.
After
hearing their testimony and receiving their report declaring Mr. Cody to be
sane, the Court said:
“I
have received the report of the examining physicians; I have heard the
testimony; the complainants say they have no further testimony to offer. It therefore devolves upon me now to pass
upon the case, and I shall do my duty in that regard as I understand it, and
that without fear or favor. An officer
who lives up to his oath of office has nothing to fear. No one has a right to criticize an officer
for doing his sworn duty. An officer who
fails to do his sworn duty is subject to severe criticisms. It matters not whether it be in cases arising
from violation of the Excise Laws, or any other case, an officer of the law
must do his duty. Personally I have no
fight with the liquor interests – I never was a believer in prohibition; I
never expect to be.
“Let
me say this, however, that it would be far better if the people who are engaged
in the sale of intoxicating liquors — it would be far better, I say, for them
and it would be to the credit of the community in which they live, if they
would live up to the law as it is written.
This hue and cry about Blue Laws and personal liberty does not appeal to
the law-abiding citizen.
“The
legislature of this state has seen fit, in its wisdom, to place these laws upon
the statute book. The legislature, then,
is the place to go if you want relief from the law. The courts are bound by their oath of office
to see that the law is enforced. Relief
from existent law cannot be obtained by open defiance of it.
“It
has seemed peculiar to me that the agitation to close saloons in the city of
Watertown on the Sabbath day and this proceeding to inquire into the mental
condition of Mr. Cody should both spring into activity at the same time.
“I
criticize no one, but to the mind of the court it is a peculiar state of
affairs, very peculiar. My friend, Dr.
Hartwig, testifies that as far back as last November he had in his possession a
petition to this court, which never was presented, to inquire into the mental
condition of Mr. Cody; it is remarkable that at the very same time, the
citizens of Watertown very generally had put their names to a petition asking
for the appointment of Mr. Cody to a judicial position, thereby testifying to
the mental capacity of the man that Dr. Hartwig claims has been insane for
nearly forty years. Upon that petition I
find the names of professional men, doctors and lawyers and even priests of the
church. I find upon that petition the
name of your present worthy postmaster.
In looking it over I find the name of my old friend, Senator Voss. I also find the name of Hugo Jacobi and many
others with whom I have an intimate acquaintance.
“Can
it be possible that these gentlemen signed a petition asking for the elevation
of Mr. Cody to a judicial office and at the same time knew, or had reasons to
believe, that he was insane? I cannot
believe such to be the case. The Mayor
appointed Mr. Cody to the position, and I do not blame the Mayor. He was justified in so doing. He could not, in justice to himself, refuse
to grant the prayer of such a petition as is now before me.
“The
application for the inquiry into the mental condition of Mr. Cody, then in the
possession of Dr. Hartwig last November, he says was destroyed and nothing
further was done in that regard until the breaking out of the agitation in
relation to the closing of the saloons in the city of Watertown, an agitation
much to be regretted. I would have much
preferred if the patient, Mr. Cody, had exercised his rights guaranteed to him
by the statute, and called for a jury trial; that of course was a privilege
solely vested in him.
“He
has not asked for a jury trial, therefore, the matter is left to me, and I must
decide it in accordance with the testimony before me, given here in open court,
together with the report of the examining physicians and all other facts known
to me.
“I
will say that I have known Mr. Cody for upwards of thirty years. I knew his father. Dr. James Cody was a man for whom I had the
greatest admiration. He was one of
Watertown’s greatest citizens. He was
highly respected in this county and all over the state of Wisconsin. He was a practicing physician and surgeon of
great ability and state-wide reputation.
I had occasion to come in contact with Dr. Cody many times, and I knew
him well and intimately.
“William
Cody, his son, I have known for upwards of thirty years. Since this agitation commenced I have seen
him often and have kept my eye upon him.
I have always known William Cody to be a man of peculiar ideas; he is of
an eccentric disposition, but to say that I ever saw anything about him that
indicated insanity would be to say that which is untrue. I have watched Mr. Cody closely and carefully
and I have not seen the first thing about him that has been different, to my
view, then when I first knew him, over thirty years ago, only that he is
somewhat older.
“Only
yesterday in the city of Watertown I saw him and closely watched him, unbeknown
to him; I saw him going down the street, walking as straight as an arrow. Not the slightest look or action to indicate
insanity.
“I
am called upon to decide this matter according to the rules of law. Mr. Cody, under the rules of law, is presumed
to be sane, and that presumption follows him until such time as it is proven to
the court beyond a reasonable doubt that he is insane. The examining physicians have declared him
sane. That being the case, this court
cannot say that he is insane beyond a reasonable doubt, the presumption of law
being that he is sane
“It
is true that Dr. Hartwig has testified to threats made, but that testimony was
simply based upon hearsay, and not upon his own knowledge. The persons threatened were not produced and
sworn in court, although opportunity offered.
Were he to be declared by the judgment of this court insane I would be
doing a wrong, not only to Mr. Cody but to the entire community. I cannot deprive the gentlemen of his liberty
upon the testimony introduced. No court
or jury would be justified in finding Mr. Cody insane upon the testimony
offered. There is not one scintilla of
evidence that would justify it.
“The
report of the examining physicians declares him to be a sane man. The report of one of the examining physicians
heretofore appointed declared him sane, the other one of the examining
physicians has so far failed to file a report.
The finding of the court is that William G. Cody is sane and entitled to
have the application to inquire into his mental capacity dismissed and for his
discharge from custody. The judgment of
the court is that William G. Cody is sane.
The application for a judicial inquiry into his mental capacity is
dismissed and the patient is discharged from custody. “
At
the conclusion of the charge of the Judge there was hearty hand clapping in the
court room. WG
03 05 THE SALOON CLOSING WAR
Juneau, WI.—The saloon closing war at Watertown goes merrily on. As yet no air machines nor submarines have
been pressed into service, but various skirmishing expeditions to justice
courts in Jefferson and Lake Mills have been reported. Mr. Nolle Contenderie
is in commission frequently.
03 11 WANTS CODY FOR MAYOR
The
Beaver Dam Citizen wants Wm. G. Cody
for mayor. Listen:
“Evidently”
says The Citizen, “the saloon keepers
of Watertown were sincere in thinking that Mr. Cody was insane. No doubt they thought that if a man had the
courage to try and enforce the laws of our state, to close the saloons, he must
be of unsound mind. Mr. Cody is right
and should be the next mayor of that city, and be pensioned besides, for his
bravery in making that class of men obey the laws of the state. There are lots of other towns, not far away,
where the saloon keepers have similar influence over the city fathers and any
man who dares to interfere to enforce the laws, would be called crazy at
once. It seems, however, that all
traffickers in booze think they have a right to conduct their business as they
please regardless of state laws. Never
mind, the time is not far away when they will have to obey.” WG
1922
07 19 RAID CONDUCTED BY CODY
A
5-gallon still made out of a galvanized oil can and a half barrel of corn mash
and a small quantity of moonshine was found on the premises of the old John
Zoelle property in Breckenridge Street, now occupied by Paul Martin and Paul Growles. Others
found: Herman Driebus in N. 4th Street 40 gallons of
prune mash; William J. Schumann Saloon in W. Main Street small quantity of
moonshine in a bottle in the backyard; the proprietor said it was
"planted." Home of Otto
Winkelmann, Madison & N. 4th streets jug of liquor which appears to be a
mixture of wine and moonshine was found in the woodshed; Fred Krueger Saloon,
W. Main Street a bottle with a small quantity of liquor found in a room on the
second floor. The rest it appears had
been dumped into a sink by a bartender while the raid was being conducted. Other places raided but nothing found were Robert
Woelffer's, August Bergmann's, John Gessert's and Theodore E. Guse's.
Among
the names of those conducting the raids was William Cody.
Cross References:
1883
05 11 William J. Cody, son of Dr. James Cody took his departure from
here last Monday night for Nashvill, Minnesota, where
he will follow the same business he has been engaged in here for a few years
past. Mr. Cody has all the requirements necessary to conduct a first class drug
business, and the citizens of Nashvill can place the
utmost confidence in him. WG
1859
03 31 A good law, the salutary
provisions of which it will be well for those whom it concerns to observe, is
the following: If any tavern keeper or
other person shall sell, give away, or barter any intoxicating liquors on the
first day of the week, commonly called Sunday, or on the day and at the place
of the annual town meeting, or the annual fall election, such tavern keeper or
other person so offending shall be fined for each of such offenses in a sum not
exceeding five dollars, to be collected before any Justice of the Peace in the
proper county. WD
History of Watertown,
Wisconsin