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Transcribed from Lawson, Publius V. History, Winnebago County, Wisconsin: its
cities, towns, resources people. Chicago: C.F. Cooper and Company, 1908. v.2
p.893-895
George W. Burnell, who has served with distinction as judge of the Third
judicial circuit of Wisconsin, was born in St. Albans, Vt., December 19, 1839,
and is the son of Elias Burnell, a farmer and lumberman of that region. His
ancestors on the paternal side were among the early colonists of Massachusetts,
and of English descent. His mother, who before her marriage was Miss Margaret
Olives, came of a New York family of Knickerbocker antecedents.
Brought up on a farm, he received his early education in the common schools and
academies of Vermont and New York, and completed it in New Hampshire Institute
at Fairfax, Vt. He then took a course in the Albany Law School and was graduated
from that institution in the class of 1861. In 1862 he enlisted as a private in
the Tenth Regiment of Vermont Volunteer Infantry, and was appointed second
sergeant of Company F of that regiment when the company was organized. January
19, 1863, he was promoted to second lieutenant of Company C and served in that
capacity during the next year, participating in all the engagements of the
regiment and experiencing all the phases of a soldier’s life.
On January, 1864, he accepted a discharge from the regiment in which he had
served up to that time, and was appointed to the captaincy of Company C.
Nineteenth Regiment. U.S.C.I. Joining his regiment at once in the field, he was
in active service during the campaign in 1864. The regiment was attached to
Brigadier-General Ferrero’s division of the corps commanded by Major-General A.E.
Burnside, and achieved distinction for its bravery and fighting qualities in the
campaigns of that year. It was this regiment which made a most gallant charge
and subsequently a hopeless fight in the ragged crater formed by the springing
of the mine in front of Petersburg July 30, 1864.
In that unfortunate engagement Captain Burnell’s company suffered severely, many
thereof being killed, wounded and made prisoners. Left without support in a most
perilous position, they kept up a brave struggle until ordered to retreat, many
officers and men having perished. Captain Burnell himself was severely wounded
and it was some time before he was able to again assume command of his company.
During the winter of 1864-5 he participated in the siege of Richmond, his
regiment being attached to that portion of the army which operated on the north
side of the James river, and was known as the “Army of the James.” He continued
in the field until February, 1865, when he resigned his commission and retired
from the service with a record creditable to him alike as an officer, a soldier
and loyal defender of the Union. Immediately after the war he went to Wisconsin,
and locating in Oshkosh began the practice of his profession for which he had
fitted himself before the war began. Opening a law office in that city he soon
attracted to himself considerable clientage and steadily grew in popular favor,
both as lawyer and citizen. Being chose district attorney of Winnebago county,
he became conspicuous for the zeal and ability with which he discharged the
duties of that office for his honorable methods of practice, and for his
vigorous and able prosecution of criminals. In 1884 a vacancy occurred in the
judgeship in the Third judicial district, and Jeremiah M. Rusk, then Governor of
Wisconsin, appointed Captain Burnell to fill the unexpired term.
Although a comparatively young man, Judge Burnell took his place upon the bench
admirably equipped by nature, education and legal training for the discharge of
judicial duties. A spirit of fairness in all things was one of the
distinguishing traits of his character and his sense of right and justice
dominated all other considerations in reaching conclusions in cases at the bar.
That he had a broad grasp of the spirit and scope of jurisprudence was evidenced
early in his judicial career, and both the bar and general public of the circuit
looked with favor upon his decisions and his conduct of the business of the
court. As a result of this sentiment he was elected his own successor for a full
term in 1885, and reelected in 1890 and 1896, and 1902 and 1908. Added years of
service have increased his usefulness a member of the state judiciary and given
him a high standing among his contemporaries and associates on the bench. A
Republican in political affiliations, he was somewhat active in politics during
the early years of his residence in Oshkosh, but has taken no part in political
campaigns since his elevation to the bench, believing political activity to be
incompatible with eh impartial exercise of judicial functions.
In addition to his prominence as a lawyer and jurist, Judge Burnell has become
well known throughout the state by reason of his connection with the veteran
military organizations, being a member of the grand Army of the Republic, and
also of the Loyal legion; he served as senior vice commander of the Loyal Legion
in 1887, and its commander in 1888. His labors in the preparation of reference
digests to the reports of the Supreme court have also added to his reputation.
His first edition, published in 1889, covered volumes 55 to 73, both inclusive,
the second, published in 1895, covered volumes 55 to 87, both inclusive. These
works are a continuation of Star’s Digest, and have proven themselves by general
use to be accurate and great labor savers.
In 1864 Mr. Burnell was married to Miss Carrie Morgan, daughter of Stephen D.
Morgan, a Vermont lady by birth.
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