WI BIO - Dane Co - SPOONER, Philip Loring Biographical Review of Dane County, WI. Chicago: Biographical Review Pub. Co. 1893, Vol I, pp 272-277 Philip Loring SPOONER, for many years a distinguished member of the Wisconsin bar, was born at New Bedford [Middlesex County], Massachusetts, 11 January 1811, and died at Madison [Dane County], Wisconsin, 02 November 1887. About 1825 his family removed to [p 273] Ohio, where they remained until 1829 or 1830, and finally settled at Lawrenceburgh [Lawrenceburg, Dearborn County], Indiana, from which place Mr. [Philip Loring] SPOONER came to Madison [Dane County, WI], 01 June 1859. On 11 September 1839, he [Philip Loring SPOONER] was married to Miss Lydia Lord COIT, a daughter of the Hon. Roger COIT, of Plainfield [Windham County], Connecticut, "a fit companion for such a man" as has been elsewhere recorded of her, and they had seven children, four of whom survive their honored father, namely: (1) John C., of Hudson [St. Croix County], Wisconsin, who for six years so ably represented his State in the United States Senate; (2) Philip Loring, Jr., first Insurance Commissioner of Wisconsin, an office held by him for nine years, also a Mayor of the capital city [Madison, Dane County, WI]; (3) Roger C., Assistant Insurance Commissioner, and twice elected Chairman of the Dane County Republican committee; and (4) Mary C., wife of Dr. J. W. VANCE, who was through all the years of her father's failing eyesight, as another has so beautifully and truthfully said, "Like unto the daughter of the immortal MILTON," in her loyalty and devotion. The mother and wife [Lydia Lord (COIT) SPOONER] died 28 August 1881. Mr. [Philip Loring] SPOONER was of English extraction, his ancestors having been of the old Plymouth Colony, among the little band of pilgrims who early came to this country to be the founders of a great nation, a band, "who builded better than they know," while the ancestors of Mr. SPOONER's beloved wife, the COITS, are of Welsh extraction, and as Hildreth has it, to be reckoned "among the Puritan families of New England." [Originally this paragraph, as well as the next one, appeared at the end of this biography.] The writer of this sketch first became acquainted with Judge SPOONER during the time his eldest son was Assistant Attorney General in our capitol and he used often to observe how the son conferred with the father upon the various difficult legal questions which came up for consideration before the State Law Department. Certainly he could have found no riper, or safer counselor. On the death of Mr. SPOONER, interesting and appropriate proceedings were held in the Circuit Court for Dane County [WI], in the United States District Court and in the Supreme Court of the State, in which his brethren of the legal profession, united in sincere encomiums upon his sterling traits of character, as a man and citizen and his eminent ability as a lawyer. The panegyrics of these gentlemen, who knew him so well as a lawyer, and loved and respected him so sincerely as a citizen, are placed upon the records of the courts, in which he and they practiced together, and are enduring memorials of his life and service, an exemplar for the coming generations of lawyers and an open record to all. No better and truer account of Mr. SPOONER's citizenship and of the estimation in which he was held by his co-laborers in the profession could be obtained, than by transcribing some extracts from the spontaneous and heartfelt tributes of his memory, the voluntary offerings of those who best knew his personal virtues and exalted legal attainments. The late Judge A. B. BRALEY said of him: "As a lawyer he possessed immense strength and exhibited consummate ability. He was logical, critical, and clear. He was always cool, calm, and collected, never aiming at ornament, but went straight to the center. The ample resources of his intellect were always at his command. Words and sentences flowed from his lips with wonderful deliberation. He was slow in his utterances, but his language was marked with that careful precision, which indicated thought and preparation. The fabric of his arguments was always erected upon solid masonry. He laid his foundations deep, and then built layer after layer, until when he had finished you saw before you a beautiful superstructure, systematic, and logical in all its proportions. He never seemed to pause to catch a word, but every sentence he uttered was formed and constructed before it came to his lips, and when it was spoken it often surprised you with its emphasis. Judge SPOONER's mind was essentially and exceptionally pure, and the habits, actions and manifestations of his life were marked by that same purity. He was not only a very able man, but an exceptionally good one. No acts of dishonor, no questionable habits, no words of even impurity can be conjured up to his long life to case a single blemish upon his noble memory. What a proud fame he has left as a rich heritage for his children! Far better than goods or lands, money or bank stock, [p 274] for these things will perish and fade away, while a pure and honest name remains forever. It is pleasant to be able to say such things of the dead." The late Hon. Alva STEWART, Judge of the Circuit Court for Dane County, said from the bench: "As a lawyer I had known Mr. [Philip Loring] SPOONER for about a quarter of a century, and almost from the time he made this city [Madison, Dane County, WI] his home. What I say of him will relate only to him after he came here. I remember well the first time I ever saw him. I then heard him argue a case in the Supreme Court. I was sitting by the side of Chauncey ABBOTT, now dead, but then one of the most prominent lawyers of the Madison bar, then, as now, among the ablest bars in the State, and he said to me, as Judge SPOONER arose, and commenced addressing the court: 'Listen to him and see with what wonderful clearness he will present his case.' I did so and found that the prediction of Mr. ABBOTT was correct." Hon. J. H. CARPENTER, Judge of the County Court of Dane County [WI], and president of the Bar Association of that county, said that, "as a lawyer, in some respects he was without a peer. The legal points in a cause, as represented by the facts never escaped his attention. He was so constituted that he could examine with patience all the facts for and against his client in a cause, and protect the client's interest as few lawyers are able to do. His life was an exemplification of a Christian character worthy of our admiration. He could state a legal proposition with remarkable accuracy and precision, and could fortify his proposition with logic as nearly inexorable as human intellect is permitted to make it. As a citizen he was quiet and unobtrusive, but here also he acted well his part. To the claims of charity he gave freely of his substance. In his home he was chief, loved, and revered. Judge SPOONER prepared for the end of this life and the beginning of the next." Hon. I. C. SLOAN, a member of the faculty of the [Wisconsin] State University [at Madison] gave this high testimony: "In my judgment Judge SPOONER was a remarkable man, and one possessed of extraordinary courage. He illustrates as well the great merit and strength that exists in repose of character or that results from a well-balanced mind, faculties harmoniously arranged in relation to each other. He settled here in early days and from that time his reputation ever grew. Perhaps his strides of advancement were not as rapid as other men, but withal his great mind grew as time went on. Judge SPOONER had what is called a legal mind, a mind that leads to the front ranks in the profession of the law. He possessed the reasoning faculty in a high degree and thereby he was completely enabled to compare, measure and weigh questions and solve legal problems. The word of censure I have never heard spoken of Judge SPOONER, but as a man he was revered and honored. In the legal profession he stood in the front ranks, not only of the State, but of the country. No client's rights suffered that were intrusted to the hands of Judge SPOONER and as an example for young men of the legal profession to follow he was pre-eminent and without a peer." Gen. E. E. BRYANT, dean of the law department [University of WI, at Madison], said: "He had the first requisite of a great lawyer, a character above reproach, about suspicion, free from the frailties that sometimes mar great talents. As the true Christian exemplifies his religion, so Mr. SPOONER in his life and his intercourse and dealings with his fellow men illustrated that high sense of duty, that honor, justice [p 275] consideration of the rights of others, which are the essence and spirit of the law. To him the law was the rule of conduct, and to its mandates he conformed his life in the spirit of true obedience. He rendered to every man his due in legal right, in courtesy, in recognition, in kindly intercourse, in charity and sympathy. And so his life was blameless. Not ostentatiously nor by profession, but by daily walk and life he lived the Christian gentleman, and showed always how well the kindly grace, the honorable bearing, the guileless spirit, can blend with the courage, the force and aggressiveness in professional encounter of the true lawyer. He was all his life a student. In his practice he was famed no less in Wisconsin than in Indiana and Ohio, where his earlier professional life was spent, for his studious preparation of his cases. When dean of the faculty he could never do enough probing to the bottom and leading his students to do so, for the true rules and doctrines of the law. Even when in the late evening of his life he had retired from practice and from connection with this college, he still loved to study cases, and for pastime kept informed on the important cases before the courts. In profound legal learning he was among the very first who adorned the legal bar of the State. His knowledge was comprehensive, accurate and critical. He knew the law, its principles and doctrines. He knew what was in the books and he reflected long and patiently upon it, until his mind was a rich storehouse of judicial lore, all arranged and at command. In the preparation of his cases he opened the way for success. He deemed it his duty to examine a case thoroughly. In his investigation he viewed the case thoroughly from all sides. He studied it from the adverse side to find its vulnerable points. He cross-examined his client and witnesses in the council room with relentless scrutiny, and drew from them every point and detail of their knowledge. He viewed the case in all its aspects and was guarded from attack from every quarter. He was rarely ever surprised. Every contingency was provided for, every assault anticipated, and the antagonist soon found that an alert, wary, and thoroughly equipped master was against him. He went into the court thoroughly informed as to the facts of his case and as to the law. In the courtesy of the bar his bearing was admirable. Gentle and unostentatious, he was fair to his opponent and conducted a legal controversy as it should be conducted, without irritating personalities, or the querulous or quarrelsome spirit so often annoying to courts, jurors, and witnesses. "In legal arguments he was the admiration of the bench and bar. To him all men loved to listen, and his students hung upon his words. He was one, who by long and laborious ascent had climbed to those high tablelands of the law, where men see with clarified vision, in all its symmetry and beauty, the broad domain of jurisprudence. Such men, venerable in years, imbued with law, seem like seers and prophets, in the ripened wisdom gained by so long study of the noblest science within reach of finite minds." Hon. Orsamus COLE, then Chief Justice of the Supreme Court of Wisconsin, bore this high testimony of the legal abilities of Mr. SPOONER: "Indeed he might be said to be master of every branch of law. He certainly was distinguished for great learning and attainments. In arguing cases his manner was calm, deliberate and unimpassioned. His language was clear, plain and forcible. He never indulged in rhetoric or any appeal [p 276] to the emotions. He had great powers of analysis and possessed the rare faculty of being able to grasp a legal or abstract proposition and holding it before the mind, so to speak, as one might a visible object before the eye, contemplating it from all points of view, eliminating whatever was immaterial or non-essential and finally extracting the real principle, the heart and core of the matter and applying it to the facts of his case. He was a consummate master of pure reasoning; his propositions were bound together like chain armor; by close, severe logic; and one who would overthrow his propositions must have strength to crush the entire argument, for the proposition could not be answered in detail." Judge PINNEY, now an Associate Justice of the Supreme Court, at the memorial exercises before the Circuit Court of Dane County, in a long and appropriate tribute to Judge SPOONER, said: "The many graduates of the law school, now active, useful and influential members of the profession in the Northwest will cherish his memory with an affectionate regard, and long remember the painstaking accuracy and clearness of statement, and facility of illustration, which characterized him in all his personal intercourse, and social and business relations. Judge SPOONER never sought office or notoriety. He was ever modest and unobtrusive. His enjoyments were in the home circle, with his books, his studies, and his chosen friends. No official position, none of the dignities and honors so much sought after and struggled for in life could have added anything of worth to his character, or the true regard and esteem in which he was held by all who knew him. In his arguments in court he was careful, accurate and exhaustive. His manner was earnest, serious and always considerate and respectful, and we bear in kindly remembrance the pleasure, satisfaction, and advantage, which we have derived from our personal and professional intercourse with him, and the benefit the bar has received as a whole, on account of his attainments as a lawyer, and his personal integrity and example." Mr. T. J. LAMB, of the Madison bar, very feelingly said: "I count it one of the peculiar and happy privileges I have enjoyed, that at a comparatively early period in my professional life, I was associated with Judge SPOONER for a number of years on terms of the closest intimacy in the practice of our profession. During those years I think I came to know our deceased brother well. I can speak with the assurance of accurate knowledge of those qualities of character in the man, that now claim, for his surviving associates and this court, those tokens of respect and honor we now and here offer to his memory, the eulogy of the many noble and honorable qualities of head and heart and life, which distinguished our departed brother, although I may say that in ruling his own spirit and fashioning his own life, with a nice regard to its force and effect on his own character, and the character and welfare of all his neighbors, and those whom he might influence, he was the peer of any of his contemporaries. He loved justice and was always ready to yield it to an opponent, as well as to demand it for his client. It was frequent saying with him that one should demand nothing more than was his right, and be content with nothing less. His sense of honor was lofty, and not only were his acts honest, but the very habit of his thought was righteous. I do not think the logic of his activities could work on any other than [p 277] the straight and honest lines of truth. Actuated and controlled by these and kindred qualities of character in his intercourse, and contests with his brethren at the bar, and in advocacy before the tribunals of the State and nation, it is not strange that he passed through a long and busy life in active practice, without making an enemy, but on the contrary always winning the respect and regard of his brethren at the bar and golden opinions from the judges who heard his masterly arguments and witnessed the exertion of his splendid abilities in behalf of those whose rights he championed before them. A beautiful and noble spirit has gone from among us, but there remains, and will ever remain to those who know his worth and life a fragrant memory, the recollection of a pure and noble life lived among us, sullied by no deserved reproach, dimmed by no unworthy deed." Submitted by Cathy Kubly