USA > Kentucky > Hardin County > Elizabethtown > A history of Elizabethtown, Kentucky, and its surroundings > Part 5
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A SHOOTING AFFRAY
Isaac Bush, son of the original Christopher Bush, of this town, being at Hardinsburg, a dispute arose between Isaac and one Elijah Hardin, son of William Hardin. During the difficulty Hardin shot Bush in the back. Doctors were called in, who proposed to tie Bush while they cut out the bullet. Bush had so much reliance on his pluck that he refused to be tied, laid down on a bench with a musket ball in his mouth, which he chewed to pieces while the surgeons cut, nine inches in length and one inch deep, before they got the bullet, Bush never wincing during the operation.
Hardin being a minor, Bush sued the father, William Hardin, for assault.
The case was submitted to Horace Beardsly, Thomas Owen, John W. Holt, Esq., and Judge James Crutcher, who returned their award at April term, 1804, for $1,500 damages, which was made the judgment of the court. Elijah Hardin was afterward shot and killed by Friend McMahon.
JULY TERM, 1804-A NEW JUDGE
The general court had made an allotment, and on. Henry P. Brod- nax was allotted to preside in Henry, Hardin, Muhlenburg and Ohio counties, and took his seat with Haycraft and Munford, assistant judges.
At this time it was the rules of court to spread all bills of exceptions on the order book at length, and to recite the substances of all indict- ments and presentments, and to record awards of arbitrators and the pleadings. I noticed one exception covering fifteen pages of a large order book.
John Furgeson was the jailer.
OCTOBER TERM, 1804
William P. Duvall, William Watkins and George P. Strauther, Esq., sworn as attorneys-at-law.
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Alexander Pope, Esq., county attorney, allowed $80, and the County Court ordered to pay.
APRIL TERM, 1805
Henry Davidge admitted as attorney-at-law.
APRIL, 1806
Joseph Chaffin was jailer, and constable and butcher.
Butchers, by the way, shot down a beef and skinned it on the ground, quartered it as it lay, then taking up smoking hot, cut up with an axe in sizes to suit customers at 11/2 cents per pound for forequarter and 2 cents per pound for hindquarter. However, the butcher's first opera- tion was to cut the neck and shanks and shins into small pieces, and a piece of it was put on and weighed with each customer's parcel under the name of mustard.
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JULY TERM, 1806-CAUSES FOR NEW TRIAL
In the case of Jonathan Payne against Martin H. Wickliffe the de- fendant moved for a new trial, and among other grounds alleged that after the jury had retired and before agreeing, did eat, drink, fiddle and dance. And that persons not of the jury were admitted and joined with the jury in drinking, reveling and carousing; and when they were wearied down with their Bacchanalian debauch, concluded to make up a verdict upon the principle of addition and division, each set down his amount, added the whole up and then divided by twelve.
The judge gave a written opinion and descanted largely upon the custom in England-that jurors after they retired were not permitted to eat or drink before they made up their verdict. But as this was a land of plenty, it would not do to apply the rule here so rigidly, as a little necessary food taken in a decent way might strengthen the inner man so as to aid him in his deliberations.
APRIL, 1807
Thomas B. Read and Robert C. Hall admitted as attorneys.
Hon. Thomas B. Read was a tall, portly and handsome man, fond of fine dress, and was a gentleman in his deportment. He removed to Mississippi, from which State he was Senator in Congress in 1826-27, also in 1829, and died suddenly at Lexington, Ky., when on his way to Washington, November 26, 1829. He was in the meridian of life and a man of talent.
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CHAPTER XII
OCTOBER TERM, 1807-CIRCUIT COURT John Moore, Esq., qualified as attorney-at-law.
APRIL 23, 1808
John Miller and James Breckinridge sworn as attorneys.
Jack Thomas admitted as deputy clerk. Jack Thomas deserves some special notice. The county of Grayson was made by the Legislature in the winter of 1809-10. The first term of the court was held in May, 1810. Jack Thomas and Mr. Thornsberry were candidates for the clerkship. Thomas was under 21 years of age, and could not receive a permanent appointment. The Hon. H. P. Brodnax was then presid- ing judge and voted for Thornsberry. Judge Brodnax decided that a minor could not hold the office, even as a pro tem. clerk, but the two assistant judges decided differently and voted for Thomas as clerk pro tem.
Brodnax decided it illegal and left the bench, and did not sit in that court again until Thomas became of full age, but was always present as a spectator. In that time he became well acquainted with Mr. Thomas and was much pleased with him as an excellent and efficient officer, and ever afterward treated him with great respect, and I cannot give a bet- ter history of that excellent man than to republish a letter I wrote to the Louisville Democrat on the occasion of Jack Thomas' death. Here it is :
"ELIZABETHTOWN, July 9, 1865.
"Editors Louisville Democrat :
"I have just learned that my old friend and relation, Jack Thomas, Esq., departed this life at his residence in Leitchfield, Grayson county, Ky., on the 5th day of July, 1865.
"If a man could imagine how he would feel on losing one-half of himself, and yet survive, it might probably approximate my senses of bereavement by this dispensation of Providence.
"Jack Thomas and myself commenced this world poor boys together in the early existence of the State. He was born on the 7th day of Feb- ruary, 1790. His father resided in a house the joiner's work of which was done by Thomas Lincoln, father of the President.
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"While Jack was at school (in town) the late Ben Helm, Esq., needed a deputy in 1807 or 1808. He went to the school-room and examined the copy books ; the result was that my friend, a ruddy, handsome lad, was chosen as deputy, and a better choice could not have been made in searching the State.
"In October I entered the same office and at once fell in love with Jack, and from that day until the day of his death he and myself were inseparable and devoted friends.
"In May, 1810, he was appointed clerk of the Grayson Circuit Court ; also in the same year clerk of the County Court. Soon after (in 1817) I became clerk of the courts in Hardin. We commenced an interchange of services, he assisting me three terms in Hardin and I assisting him three terms in Grayson each year.
"This interchange continued many years, and if I knew any man to the bottom of his soul it was Jack Thomas. He carried his heart in his hand-open, generous, frank. If he knew anything of the arts of duplicity, concealment or deception, I never knew him to avail himself of it. He was a gentleman of the olden time. In due time we each had a family, and each of our houses was the other's welcome home.
"Until he was down by disease he was the personification of innocent hilarity and cheerfulness ; his house was the seat of refined and gen- erous hospitality, and nobody could know Jack Thomas as I did with- out loving and admiring him. He was proverbially an honest, upright man-liberal and charitable to a fault, making all his associates around him easy and happy.
"He was fortunate in the choice of a wife, Miss Jane Hundly, who proved to be in the true sense of the word a helpmate indeed, and for more than fifty years stood by him, the true hearted, painstaking, as- siduous and profitable wife and devoted Christian. They litterally lived for their children and united their counsels for promoting the interest, their chief aim being that they might occupy a respectable stand in society. The family consisted of five sons and three daughters, who all surround their father with many grandchildren.
"The season of joy to the united couple was the periodical family gatherings as the sons and daughters stole off from the busy turmoils of life for a season of repose under the paternal roof. Aye, those were seasons of happiness that were felt by others as well as the household
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and enlivened Leitchfield, and suffice it to say that in the close of life he could look back upon his descendants without the pain of seeing a soli- tary blot and the most of them pushing forward and making their mark in the world.
"His last illness was painful and protracted, and I regret that I was not permitted to see him from the commencement of the war. But I learn that during his affliction the kind attention of his devoted wife was unremitting. She never left his dying couch for more than a moment, anticipating his wants and administering to his relief as only an angel wife could do. It softened his bed and saved his heart as far as human aid could accomplish-robbed death of its sting.
"May the Lord sustain her under this heavy affliction. But why repine ? He has lived his threescore and fifteen years-done much good, set good examples and influenced for good in his circle.
"The first time I visited Leitchfield, some fifty years ago, Jack Thomas lived there ; the last time I visited that town Jack Thomas lived there; but now Leitchfield would not be Leitchfield to me-yet why regret ? I shall soon follow.
SAMUEL HAYCRAFT."
HARDIN CIRCUIT-JUNE TERM, 1808
Present-Stephen Ormsby, circuit judge, and Samuel Haycraft, assistant judge. Philip Quinton, Esq., paid one dollar for contempt. He was a practicing attorney, but I cannot find where he was admitted.
SEPTEMBER TERM, 1808-CIRCUIT COURT
The circuit judge being absent, Samuel Haycraft and William Mun- ford, then assistant judges, held the term; the orders were signed by Samuel Haycraft.
Rev. Benjamin Ogden, a Methodist preacher, was the jailer.
MARCH TERM, 1809
Present-Stephen Ormsby, judge, and Samuel Haycraft, judge.
Samuel Carpenter sworn as attorney-at-law.
Samuel Carpenter resided at Bardstown. Studied law under Judge Brodnax. He was one of the most critical statute lawyers in Kentucky.
He was afterward circuit judge, and was remarkable for the dispatch of business, and the complaint against him was that he met too soon and adjourned too late. Governor Helm, who resided one mile from town,
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said he was obliged to shave and shirt himself the night before in order to be in court in time in the morning. On one occasion, having business in LaRue court, I stayed all night with my old friend, Daniel Williams, six miles from Hodgenville, when Judge Carpenter was holding court. My old friend gave me breakfast and let me off before day, which enabled me to reach the town before sunup, when I found that the Judge had friend Stone, the clerk, reading the orders before breakfast at his hotel. Stephen complained that he was not allowed to attend to his sick wife, or to eat his meals; but the Judge was inexorable-the business must be done. But at the next term Stephen stretched out the docket so that the Judge was obliged to bring a clean shirt with him, and allowed himself time enough to draw his breath.
Judge Carpenter was also a preacher and made a contribution of $400 to build a Baptist Church in Bardstown, and afterward expended a large amount in completing the house. The church became so largely indebted to him that he became sole owner of the building. Some years afterward he sold the house to the Baptists, for whom it was originally erected.
He left the Baptist Church and connected himself with the Reform- ers, who styled themselves the Christian Church. He was a rapid speaker and displayed great zeal in the delivery of his discourse. He had an amiable wife and family. He departed this life several years since, and in many respects was a remarkable and conscientious man.
SEPTEMBER TERM, 1809
At the last term Philip Read was sworn in as assistant judge. He was a good judge of law. He removed to Nelson county and lived there a number of years, a prominent and useful citizen.
James Furgeson sworn as attorney-at-law. Furgeson was a lawyer of some note, but was at daggers' points with Judge Ormsby. He kept a note of all the Judge's decisions. Shortly after he quit the practice of law in Hardin and confined himself in Louisville, where he acquired considerable property, but always lived in fear of starving, and that fear pressed upon him so hard that he took his own life to prevent starva- tion. He died a bachelor. When he started out to practice law he was a fine dressed man and traveled with a servant, in the style of that day, the servant at a respectable distance behind with a large port-
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manteau on the crupper, a glazed hat in his hand and a brace of horse- man's pistols at the pommel-that was the style of the lordly gentleman of that day. But as he grew rich his pride of dress left him and he could often be seen with threadbare apparel.
When Furgeson was sworn in Judge Ormsby left the bench and the court was conducted by the assistant judges-orders signed by Samuel Haycraft.
CHAPTER XIII
HARDIN CIRCUIT COURT-MARCH TERM, 1810
Present-Hon. Stephen Ormsby, and Phillip Read, assistant judge.
Hon. James Crutcher sworn as assistant judge in the room of Samuel Haycraft, resigned.
CONTESTED ELECTION
Samuel Haycraft, Esq., last year ran for the Legislature, and was elected over Gen. John Thomas. The latter contested the election on the ground that Haycraft was assistant judge at the time of his election.
The case came up before the House of Representatives and it was referred to a committee, of which the Hon. Henry Clay was chairman.
The committee reported that Thomas was not entitled to the seat, as he was in the minority of votes ; also that Haycraft could not hold the seat, as he was in office as assistant judge at the time he was elected, and a new election was ordered. Haycraft having resigned, he and Thomas ran the race over, and by the extraordinary efforts of Thomas' friends he beat Haycraft a few votes.
By an act of the Legislature clerks were required to give a bond in the penalty of $10,000. At this term Major Ben Helm, the clerk, re- newed his bond, with Worden Pope and William P. Duval as his securi- ties.
SOCIAL TIMES
At this time taverns were scarce in Elizabethtown. The orators, John Hays and Greenberry A. Gaither, Esq., were regular boarders with Major Ben Helm, the clerk, and to these were added at court times Governor William P. Duval, Worden Pope, Alexander Pope and Fred- erick W. S. Grayson, Esqs.
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I was then a young deputy in the office and ate at the same well- provided table, presided over by Major Helm and his accomplished lady, Mrs. Mary Helm, and at each meal it was a feast of reason and flow of soul as those intellectual and social gentlemen sat around the family board and enlivened each occasion by their conversation and often by their facetious remarks. It opened a new world to me, and I shall ever remember it with a keen sense of delight. But now they are all dead but Mrs. Helm, who is still alive at the age of ninety-two years. She is one of the remarkable women of the time; a kinder heart never throbbed in woman's bosom, always dignified and pleasant, and to this day retains her eyesight so perfectly that she amuses herself in hemstitching without the use of spectacles, living in the same house with her son Henry B. Helm, passing her days in tranquillity, having an independent support, and her delight is to see her friends and con- verse about religion and about old times, and I have repeatedly re- marked that I thought the material of which she is composed is nearly used up.
She was the daughter of the late Benjamin Edwards and a sister of Governor Ninian Edwards, and of Cyrus Edwards and B. F. Ed- wards, the latter of whom celebrated his golden wedding on the 28th day of September, 1869.
It was my good fortune to be under the tutelage of his excellent lady and her husband, Major Ben Helm, from the age of fourteen until I was twenty-one years old, and to them I owe a debt of gratitude for their wholesome counsel and good example, which I trust has had its influence upon me in a position favorable to my welfare and place in society.
And as my course is nearly run and the sands of life nearly ex- hausted, being in my 75th year, I hope I will be excused for naming another friend, now no more, for whose kindness to me I can never be sufficiently grateful. I mean the late Hon. John Helm, of whom I have given a sketch in my tenth number. It is a maxim that
A friend in need Is a friend indeed.
He not only relieved me from heavy pecuniary embarrassments, but gave me his daughter to wife, who has stood by me as a pillar of strength, true and faithful, for more than fifty years.
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I omitted to state that at March term, 1810, Frederick W. S. Gray- son and Thomas Clark were sworn as attorneys-at-law.
Grayson was formerly and perhaps at that time was clerk of the Bullitt Circuit Court, which office he resigned and removed to Louisville, and there had a lucrative practice as a lawyer.
Thomas Clark was from Virginia ; resided at that time in Breckin- ridge county, and came to his death by eating some poisonous herb which he mistook for Indian physic.
SEPTEMBER TERM, 1810
Hon. Fortunatius Cosby, circuit judge, and Philip Read, assistant judge.
MARCH TERM, 18II
Joseph Allen, Robert Miller and Greenberry A. Gaither, Esqs., sworn as attorneys. Samuel Haycraft, Jr., sworn as deputy clerk. He came into the office in 1809.
OCTOBER TERM, ISII
This term was held by the assistant judges, Hon. James Crutcher and Philip Read. All orders were signed by James Crutcher.
MARCH TERM, 1812
William Little sworn as attorney-at-law. Hon. Judge Fortunatus Cosby presiding.
The Judge was an amiable, pleasant gentleman, was polite to the bar and officers of the court, and had borne a great deal from the bar. About this time rather a rebellious feeling existed among the lawyers, they professing to be able to teach the Judge and openly call in question his decisions. This proved to be the last feather on the camel's back. The ire of the amiable old gentleman was aroused and he determined to put his foot down emphatically and to exact obedience in the bar, and to the dismay of all malcontents, had a rule spread upon the book in these words :
"Be it a rule of this court for the future, that when the court shall deliver an opinion in any case, no member of the bar shall say anything more on the subject, unless leave being first obtained from the court, under the penalty of a fine."
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As an obedient deputy clerk, I entered that rule upon the book in my own peculiar copy-plate style.
NOTE-The Judge had just signed a bill of exceptions, and having thus asserted his prerogative, adjourned court until next morning, so that matters might cool down.
Next day, March 12, 1812, Richard Rudd, Esq., sworn as attorney- at-law.
ANOTHER RULE
"Be it a rule of this court for the future that in no case shall more than two lawyers on each side of a case be heard, unless by leave of court."
JUNE TERM, 1812
Horatio Waide produced commission as assistant judge.
SEPTEMBER TERM, 1812
Court held by the two assistant judges, Hons. Squire LaRue and Horatio Weide.
Joshua Novell sworn as attorney-at-law.
Grand jury indicted Barbara Vance for retailing spirituous liquors without license ; also for keeping a disorderly house ; also for swearing one oath. All true bills.
Barbara kept a doggery in the present Jones house above the Eagle House, the only log house now standing of that ancient date, except the old cabin that the father of President Lincoln lived in. Barbara was rather a heavy case. She had a child one night; next morning she scrubbed her floor and went ahead. She had a suit in court this term against Bill Gibbons for assault and battery. Bill Gibbons was rather a rare fowl-about 6 feet 3 inches high, always ready for fun or fight, whichever was most convenient. He was a saddler, and kept his shop in the same room with Jack Kindle, a tailor. Jack stitched cloth at one end and Bill stitched leather at the other end of the room. Jack was born a cripple, was diminutive in size, but had a large head, full of native wit, and went on crutches.
One day Gibbons was absent and on his return Jack told him that a man had been in who wanted a horse collar, but he did not sell him one. Bill swore that if he refused to sell for him again he would whip hım.
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Bill was out again and on his return Jack told him that he had sold a collar for him. "Why," says Bill, "it was not finished." "I know that," says Jack ; "it lacked a cap, and I gave him a sheepskin to finish it with, and a pair of bridle reins to sew it with."
"Where is the money left Bill?" "Oh," says Jack, "he did not pay for it." "What was his name?" asked Bill. "I don't know," replied Jack. "But I can prove it by a man that stood at the window with a white hat on his head." "And what was his name?" inquired Bill. Jack replied that he did not know.
Bill flew into a rage and was about to slash Jack. But Jack cooled him down by remarking that he was certain of his money, for the pur- chaser was a Christian. "How do you know that?" says Bill. "Why," says Jack, "I saw him stump his toe and he did not swear."
Notwithstanding Jack was such a cripple, he was fond of a game of cards. One evening Jack, sitting on his counter a la tailor, was pokering with Colonel Miller. Thinking that the Colonel played foul, Jack struck him with his crutch and then hit the Colonel's finger and slid under the counter. The Colonel was asked why he took it. He replied that the little varment seized his finger and ran into an augur hole and he could not get to him.
CHAPTER XIV
A NEW ERA IN THE CIRCUIT COURT SYSTEM-THE ONE-MAN POWER- MARCH TERM, 1806
Present-Hon. Forts. Cosby, sole presiding judge.
Hon. Charles A. Wickliffe produced a commission as common- wealth's attorney.
In charging the grand jury he was pouring a broadside of hot shot into vagrants-that vagabondizing set, sleek and fat ; that never worked ; snatched a meal here and there ; always had money enough to drink and gamble on ; a pest to society and an excrescence on the body politic.
An eccentric and honest farmer named Joseph Monin being present in court, was so excited by the speech of the attorney he could hold in no longer and swore that they were thieves and stole their way in the world and ought to be cowhided, tarred and feathered, and at last got
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into such a frenzy that he pronounced severe anathemas upon men who would not work and continued his loud, vociferations until he exhausted the patience of Judge Cosby, and he ordered Uncle Joe to jail for two hours, thinking that his honest wrath would subside in that time. At the end of the two hours he was returned into court, and it appeared that his pentup wrath had only gained strength and he vociferated louder than ever against vagrants. The Judge sent him to jail for six hours and during that time his indignation abated.
SAMUEL STEVENSON VS. JOHN ECCLES
Suit for the mismanagement as attorney for Stevenson, whereby Stevenson was nonsuited in an action for debt. Judgment went against Eccles, who moved for a new trial. Motion overruled. Eccles appealed. The Court of Appeals awarded a new trial on the ground that the court below instructed the jury that the measure of damages should be to the amount of the debt claimed ; that amount had not been established, and therefrom reversed.
The time for suing under the occupying claimant law being about to expire, a tremendous batch of ejectments were brought at this term, which gave the clerk much labor but did him no harm.
The old petition and summons law was then in vogue-a summary way to recover debts.
They were at first set for the third day of the term, but afterward changed to the first day for the convenience of clerks, as it enabled them previous to the sitting of the courts to draw up a lot of blank judgments. The custom of the courts was to inquire of damages in all cases that might come before them. The verdicts were in this form: "We of the jury find for the plaintiff the debt in the petition mentioned and one cent in damages." This plan allowed the clerk for a writ of injury, jury and judgments, and the sheriff for summoning a jury in each case. Perhaps fifty judgments would be rendered in one hour.
This plan continued for years until its working was wisely consid- ered by the Legislature to be needlessly expensive to debtors, and it was enacted that in all undefended cases the jury should be dispensed with and judgment to go by default. This alteration would, under the pres- ent clerk's and sheriff's fees, lessen the costs in each case $2.05.
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JUNE TERM, 1816
Judge Cosby sat alone during this term and signed the final adjourn- ing order. It was the last of his presiding in this country.
SEPTEMBER TERM, 1816
Hon. Alfred Metcalfe produced his commission from Governor Shelby, appointing him Judge of the Fifth Judicial District, and took his seat.
Judge Metcalfe was an earnest man ; was a great favorite of Gov- ernor Duval on account of his social and gentlemanly qualities ; was a fair lawyer, and the best parlor singer I ever heard. In court he never addressed the officer by name, but it was Mister Clerk, Mister Sheriff and Mister Jailer.
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