WI BIO - Dane Co - LYON, William Penn
Biographical Review of Dane County, WI. Chicago: Biographical Review Pub. Co. 
1893, Vol I, pp 157-160

William Penn LYON, one of the Associate Justices of the Supreme Court of WI, 
the son of Isaac and Eunice (COFFIN) LYON, was born at Chatham, Columbia 
County, NY, 28 Oct 1822. His parents were members of the religious society 
of Quakers, and he was reared in that faith and still clings to some of its 
excellent doctrines. William attended an ordinary common district school 
until he was eleven years of age, when he was placed at the counter as a 
clerk in a small store conducted by his father, and after that he had the 
advantage of about one year at select schools. These were the only 
educational advantages which he enjoyed, but he was bright and ambitious and 
by close application he obtained a fair English education, including a 
limited knowledge of algebra, geometry, and natural philosophy, and gave some 
time to the Latin language.

At the age of fourteen years he taught a district school, but this employment 
did not suit his taste, and as soon as he could manage the matter he took a 
clerkship in a general store in Albany [Albany County, NY] and continued 
there until the age of eighteen. While there his mind ran upon other lines 
and he spent all of the time he could spare from his duties in attendance 
upon the courts and Legislature then in session. In 1841 when he was 
nineteen years old he accompanied his father and family to WI and settled at 
what is now the town of Lyons, in Walworth County, and here he resided until 
1850.

With the exception of two terms of school teaching he worked upon a farm 
until the spring of 1844, when he entered the office of the late Judge GALE 
as a student of law at Elkhorn [Walworth County, WI]. He remained a short 
time with the Judge, but returned to spend the summer at farm work, and soon 
after this he was attacked with an inflammation of the eyes, which prevented 
him using them for a year. That year he worked on a mill, then being erected 
in Lyons [Walworth County, WI], for $12 a month and earned $100. In the fall 
of 1845 he again became a law student, and this time entered the office of 
Judge BAKER, of Geneva [now Lake Geneva, Walworth County, WI], and in 1846 
was admitted to the bar in Walworth County. He was chosen Justice of the 
Peace of the town of Hudson, now Lyons, and immediately opened an office for 
the practice of law. His receipts for professional and public services 
during the first year amounted to $60, the second year the receipts were 
$180, the third he had increased it to $400, and the business of the fifth 
year amounted to $500.

In 1847 Judge LYON decided that his income had increased sufficiently to 
admit of his marriage and the lady of his choice was Miss Adelia C., the 
accomplished daughter of the late Dr. E. E. DUNCOMB, of St. Thomas, Ontario, 
Canada. In those days the necessities of life, as well as the luxuries, did 
not cost as much as now, and Judge Lyon and [p 158] his bride found their 
income ample in that part of the country. In 1850 he removed to Burlington, 
Racine County [WI], and there formed a partnership with the late C. P. BARNES 
and remained at that place until 1855, when he removed to the city of Racine 
and continued there in active practice until 1861. From 1855 to 1858 he was 
the District Attorney of Racine County, and in 1859 was chosen as a 
Representative in the WI Legislature and was made Speaker. This was an 
unusual proceeding, as very seldom does a deliberative body call to the 
delicate and onerous duties of presiding officer one who has not been a 
member of any previous legislature, but in the case of Mr. LYON the choice 
was justified by the capable manner in which he discharged his duties. The 
following year he was again elected and again chosen Speaker, and he retired 
from his second term in the Legislature of his State at the age of 
thirty-eight, with the warm admiration of the members, without distinction as 
to party, and with an enviable reputation throughout WI. An honorable and 
useful career was prophesied for him and this prophecy has been fully 
realized.

When the attack upon Fort Sumter around the country to arms, Mr. LYON did not 
allow his peaceful religious scruples to interfere with his patriotic duty. 
One hundred brave and determined citizens enlisted under him and he became 
Captain of Company K, 8th WI Infantry, ranking from 07 Aug 1861. The 
regiment to which this company was assigned was organized 04 Sep 1861, with 
Robert C. MURPHY, of St. Croix Falls [Polk County, WI], as its colonel. 
Leaving Madison [Dane County, WI] on 04 Oct, they arrived at St. Louis on the 
evening of the next day. This was the famous "Eagle Regiment," so called 
from the circumstance of their having an eagle, "Old Abe." They reached 
Benton barracks 986 strong.

The very next day after their arrival they marched against the enemy. By 20 
Oct they were in pursuit of "Jefferson THOMPSON" and on the 21st were near 
Greenville, when a desperate fight ensued, of which Major JEFFERSON, of the 
8th wrote: "The battle lasted an hour and a half and I think it was one of 
the most brilliant and complete victories we have had during the war." 
Captain LYON took an active part in this, the first conflict engaged in by 
his regiment. After various duties had been performed by them, on 09 May the 
8th regiment was posted in front, when the enemy, with 20,000 men came out to 
attack General POPE. The 8th was employed as a skirmish line and was 
intended to fall back when the Confederates advanced in force. The regiment 
withstood the artillery fire of the foe for an hour without support, as the 
enemy outnumbered the Federals and General HALLECK did not wish to bring on a 
battle, the National line retired to the rear and that terminated the action.

After other important service the regiment went into summer quarters at Camp 
Clear creek, nine miles south of Corinth. On 05 Aug, while in the hospital 
in Inka, MS, the Captain was promoted to be Colonel of the 13th WI. He 
subsequently returned home for a brief period and after being mustered out 
was made Commander of the regiment just named, joined it at Fort Henry, TN, 
in Oct 1862. In the last of Oct they joined the force of General RANSOM, 
marched thence to Hopkinsonville, intending to attack the enemy under General 
MORGAN, but did not come up with them until the 6th of Nov. A short skirmish 
took place at Garrettsburg, [p 159] and subsequently Colonel LYON returned to 
Fort Henry.

From 21 Dec to the end of the year the regiment pursued FORREST, but returned 
to Fort Henry 01 Jan 1863. On 03 Feb information was received that Fort 
Donelson was attacked. In half an hour Colonel LYON had his regiment on the 
road, marching to reinforce the 83rd at that point. They arrived in the 
vicinity of the fort in the evening, with the loss of one man on the marsh. 
Meanwhile the garrison of Fort Donelson, assisted by gunboats, had repulsed 
the Confederates, had, in fact, gained a signal victory.

During the spring and summer of 1863 Colonel LYON's men were sent out by him 
on scouting duty, taking many prisoners and preventing the formation of any 
considerable force of guerrillas. This duty was perhaps the most difficult 
that the soldiers of the war were called upon to perform. Participating in 
the forward movement of the Army of the Cumberland, the 13th Regiment left 
Fort Donelson on 27 Aug, reaching Stephenson, AL, on 14 Sep. Colonel LYON 
was placed in command of that post and this was a post of great importance, 
being the depot of supplies for the whole army. The garrison was very small, 
provided with but little artillery and the place was easily accessible to the 
cavalry of General BRAGG; however, help came at the beginning of Oct, with 
General HOOKER in command, from the Army of the Potomac. On the evening of 
26 Oct 1863, Colonel LYON left Stephenson with his regiment and joined the 
brigade and went into winter quarters at Edgefield, where they were employed 
on picket and guard duty. However, three-fourths of their number having 
veteranized, the regiment left for WI on furlough, where they remained five 
weeks, then returned to Nashville, arriving on their old campgrounds 25 Mar.

In the last of Apr the 13th Regiment was ordered again to Stephenson and 
Colonel LYON placed in command of that post. In the reorganization of the 
army, in 1863 and 1864, Colonel LYON's regiment was assigned to the 1st 
Brigade, 4th Division, 12th Army Corps. He left Stephenson on 05 Jun and for 
nearly three months had his quarters at Clayville, AL, guarding during this 
time various fords and crossings of the Tennessee River. Late in Aug he was 
ordered to Huntsville, where he arrived 03 Sep, and was placed in charge of 
the railroad from Claysville to Stephenson, and was responsible for the 
preservation of the posts and lines of communication within his charge. His 
headquarters was at Hunstville until 1865.

On 07 Jul all this command was ordered into camp at Green Lake, TX, and here 
on 11 Sep 1865, Colonel LYON was mustered out of service. He was 
subsequently brevetted Brigadier General of the U. S. Volunteers, to date 
from 26 Oct 1865. The 13th Regiment was mustered out in Nov, at San Antonia 
[San Antonio], reaching Madison [Dane County, WI] on Christmas, the men were 
paid off and the Regiment disbanded. Although Colonel LYON and his men were 
not engaged in any of the great actions of the war, they have an honorable 
record for the performance of arduous duties, watching the movements of the 
enemy and contributing in various ways to the success of the battles.

Before Colonel LYON was mustered out of the service he was chosen Judge of 
the 1st Judicial District of WI and entered [p 160] upon the duties of that 
position Dec 1865, and served with ability until the close of his term. On 
04 Jul 1866, Judge LYON was selected to deliver an address to the Governor 
and people on behalf of the soldiers on the presentation to the State of the 
battle flags. His oration was a masterly effort, impressive in its eloquence.

In 1879 Judge LYON was the Republican candidate for Congress in the 4th 
District, but was defeated by Alexander MITCHELL. The death of Byron PAYNE 
on 13 Jan 1871 caused a vacancy on the Supreme Bench of the State, which was 
filled by Governor FAIRCHILD by the appointment of Judge LYON on 20 Jan 1871. 
In the following April he was elected by the people for the unexpired term 
and for the full term succeeding. He was again elected in 1878 and again in 
1884, the last time for ten years. He is now the Senior and ex-officio Chief 
Justice, his term expiring in January 1894. Without considering whether, if 
he desired, he could be re-elected to his present position, Judge LYON 
publicly announced two years ago that he did not desire, and would not 
accept, a re-election. He has never wavered in his determination to retire 
from the bench at the close of his present term. His associates upon the 
bench are Orsamus COLE, Harlow S. ORTON, David TAYLOR and John R. CASSIDY. 
On commencement day, 1872, the University of WI conferred upon him the 
honorary degree of LL. D.

The published decisions of Judge LYON since he has been upon the bench run 
from volume 27 to 82 inclusive, and are characterized by their brevity, and 
also show a careful examination of the law appertaining to the case in hand. 
Probably Judge LYON was the first of the Supreme Court justices to prepare a 
statement of facts in each case, a task usually performed by official 
reporters.

Judge LYON is distinguished for his plain simplicity of speech, and while it 
indicates the thoroughness of the lawyer, it also shows the 
straightforwardness of the man. Judge LYON's knowledge of law is thorough 
and his instinct of equity perfect.

There are two surviving children of the family of Judge LYON: Clara Isabel, 
born in 1857, the wife of J. O. HAYES, Esq.; and William Penn, Jr., born in 
1861. Both reside in CA.

Submitted by Cathy Kubly