A history of Kentucky and Kentuckians; the leaders and representative men in commerce, industry and modern activities, Volume III, Part 51

Author: Johnson, E. Polk, 1844-; Lewis Publishing Company
Publication date: 1912
Publisher: Chicago, Lewis Pub. Co.
Number of Pages: 860


USA > Kentucky > A history of Kentucky and Kentuckians; the leaders and representative men in commerce, industry and modern activities, Volume III > Part 51


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county, where he was for a time identified with the mercantile business. After the war he had zealously betaken himself to his books and quickly made up the time lost in soldier- ing, attacking his Blackstone as he would have done a hostile entrenchment and in 1871 he obtained a license to practice law. In 1872 he was elected county Judge of Menifee coun- ty and served two terms, or eight years, as the incumbent of this important office. In 1879 he was elected to the legislature and served for one term as a member of the state legislative body. The year 1882 marked his removal to Mt. Sterling and during his resi- dence here he has given a single-hearted devo- tion to his profession, building up a large prac- tice, much of which is in the Federal court. In 1889 he became the Democratic candidate for Congress, but was defeated. He has devoted a great deal of time and attention to land law and for the last fifteen years has dealt largely in mountain land, among his possessions being a fine farm in Montgomery county. He has always given an unfailing loyalty to the Demo- cratic party, and is one whose allegiance is as much of deeds as of words.


On September 2, 1869, Mr. Day was united in marriage to Mary B. Greenwade. They were divorced in 1881. On the 10th day of June, 1883, he was a second time married, the lady to become his wife being Victoria S. Cas- sidy, born at Whitenburg, Letcher county, Kentucky, March 24, 1864. Mrs. Day is the daughter of Thomas and Louisa (Richmond) Cassidy, the former a native of Big Stone Gap. Virginia, who removed to Wolf county, Ken- tucky, and was there summoned to the life eternal in 1880. The mother was a native of Lee county, Virginia, and her demise occurred in Wolf county in the year 1888. Mrs. Day's grandfather, Thomas Cassidy, was a native of Ireland, who cast his fortunes with the new world and located in Maryland, near Washing- ton, D. C., later removing to Virginia. Her maternal grandfather, Isaac Richmond, a na- tive of England, came to the United States at the age of eighteen years and was married in Virginia to Louisa Osborn. Mr. Day has one son, Douglas L., who resides in Montgom- ery county, Kentucky, where he is engaged in practicing law and farming. Mr. Day and his son each stand high in Masonic circles.


GEORGE W. RIGHTER, M. D .- For the past thirty-five years Dr. George W. Righter has been actively engaged in the practice of his profession and since 1901 he has been a citi- zen of Cynthiana, Kentucky, where he con- trols a large and lucrative patronage and where he is highly respected by all who know him. In Harrison county, in the vicinity of Cynthiana, .


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on the 16th of March, 1844, occurred the birth of him whose name introduces this article. He is a son of John B. and Rebecca (Smithi) Righiter, the former of whom was born at Fairmont, West Virginia, and the latter in Harrison county, Kentucky. Mr. and Mrs. John Righter became the parents of five chil- dren,-Henry, who maintains his home in Missouri; George W., to whom this sketch is dedicated; Sallie, who is deceased; Molly, who is now Mrs. Fowler and who resides at Lexington, Kentucky ; and Miss Jennie, a resi- dent of Harrison county. John Righter came to Kentucky as a young man, locating in Har- rison county, where was solemnized his mar- riage and where he was long identified with trading and farming operations. He was an eminently successful business man and was a man of prominence and influence in public af- fairs. In politics he accorded a stalwart alle- giance to the Democratic party and he at- tended and gave his support to the Christian church, of which his wife was a member. The father was summoned to the life eternal in 1879, at the age of eighty years, and his cher- ished and devoted wife passed away in 1880, at the age of seventy-two years.


Dr. George W. Righter was reared to ma- turity on the home farm, in the work and management of which he early began to as- sist his father. His education consisted of such training as could be procured in the pre- cinct schools during the winter months. In September, 1863, when the Civil war was at its height, he enlisted as a private in the Ninth Kentucky Cavalry, in which he gave valiant service under Colonel Billy Breckinridge and General Joe Wheeler. He was a loyal Con- federate and served in the Southern army un- til the close of the war, surrendering on the 20th of May, 1865, at Washington, Georgia, whence he returned to his home in Kentucky. Thereafter he was engaged in work upon the home farm for the ensuing five years and in 1870 he began reading medicine, under the able preceptorship of a half-brother, John Righter, at Cynthiana. In 1871 he entered the Homeopathic Medical College, at Cleveland, Ohio, in whichi excellent institution he was graduated as a member of the class of 1873, duly receiving his degree of Doctor of Medi- cine. He then pursued a course of medical lectures in the Pulte Medical College, in the city of Cincinnati, Ohio, and in the following year located at Ruddles Mills, in Bourbon county, Kentucky, where he was identified with the work of his profession until 1901, in which year he removed to Cynthiana, where he has built up a large practice and where he


is recognized as a doctor of distinctive skill and broad humanitarianism.


In connection with the work of his profes- sion, Dr. Righter is affiliated with various or- ganizations of representative character and in a fraternal way he has passed through the cir- cle of York Rite Masonry, holding member- ship in the Lodge, Chapter and Commandery. He has ever manifested a deep interest in his old comrades in arms and indicates the same by membership in the Confederate Veterans Association, at Lexington, Kentucky. Polit- ically he is an ardent Democrat and while he has never aspired to public office of any kind whatever, he has nevertheless done much to advance the general welfare of the community in which he resides.


Dr. Righter has been twice married, his first union having been to Miss Mary Miller, a native of Ohio. To this marriage were born two children, one of whom is deceased. The other, Dr. T. M. Righter, is a practicing phy- sician at Cynthiana. In November, 1909, was recorded the marriage of the Doctor to Mrs. Lucy Henry, a daughter of Mr. and Mrs. G. W. Mullen and a native of this county. Dr. and Mrs. Righter are devout members of the Christian church, in the various departments of which they have long been most active and interested workers.


STANLEY TEBBS PREWITT is one of Clark county's representative citizens. He is a mem- ber of the agricultural interests of the state and is bound to Clark county by the particular tie of birth within her borders. His parents, whose names were David and Elizabeth M. (Tebbs) Prewitt, were both likewise natives of Clark county, and they were the parents of three children, one other besides Mr. Prewitt of this review surviving at the present day. This sister, Sara Tebbs Prewitt, is now Mrs. D. L. Pendleton, of Winchester, Kentucky. David Prewitt was in the Confederate army during the Civil war, serving under General Morgan.


Stanley Tebbs Prewitt was reared upon the farm which he now owns. He inaugurated a happy life companionship on October 22, 1887, when was solemnized the rites which united his hand and fortunes with those of Henrietta C. Gay, daughter of James D. and Lucy Calloway Gay, and born in Clark county May 3, 1867. Their union has been further cemented by the birth of six children, four of whom are living, as follows: James D. G., David Hickman, William Winston and Hen- rietta C. Their home is one of the beautiful and interesting of the country homes of Clark county, an old-fashioned brick house erected


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by Mr. Prewitt's maternal grandfather and both of whom were born and reared in Vir- namesake, Stanley F. Tebbs, previous to the ginia, coming thence to Mason county. Jesse and Elizabeth Kerr reared five children, name- ly : William, Samuel, Charles, Bessie and Harry T. Civil war. This home, about which clings a host of delightful recollections of ante-bellum days, as well as later ones, is set amid the most picturesque of surroundings.


CHARLES KERR, circuit judge of Fayette county, is deemed in high circles one of the most able and distinguished men of the state, and his appointment to his present office by Governor Willson to fill the vacancy caused by the death of Judge Watts Parker, in March, IgII, has been a matter of general gratifica- tion. This loyal son of the state bears a wide reputation as one of the most eminent mem- bers of her legal fraternity and is justly rec- ognized by the public generally as a firm ex- ample of clean and upright citizenship and possessing the best ideals of civic virtue.


A representative of the third generation of his family in Kentucky, Judge Kerr traces his lineage in the agnatic line back to staunch Scotch stock and on the distaff side to an old Virginia family. He was born in Maysville, Mason county, Kentucky, December 27, 1863. His father, Jesse Kerr, was born in Mason county ; his grandfather, Samuel Kerr, born in Pennsylvania, was an early emigrant to the Blue Grass state; and his great-grandfather was the canny Scotchman who came with four brothers to America in the early Colonial days, the five young adventurers establishing their homes in Pennsylvania. The ancestor of Mr. Kerr resided in Westmoreland county for sev- eral years and in 1800 came to Kentucky, be- coming a pioneer settler in Mason county, where he purchased land and passed the resi-


due of his life. His wife, whose maiden name was Mary Younge, was born in Penn- sylvania. Their son Samuel was a farmer and a lifelong resident of Mason county. He married Susan Wood, who was a native of Ohio, but came to Kentucky when a young woman. Samuel and Susan Kerr became the parents of four children,-Samuel, Jesse, Thomas and Susan. Jesse Kerr, the subject's father, was reared to the sturdy discipline of his father's farm and he early became asso- ciated in the work and management thereof. When he had attained to man's estate he in- hierited a portion of his father's land and en- gaged in farming and stock-raising in Mason county until 1880, in which year he removed to Fayette county and in the vicinity of Done- rail purchased a farm and resided upon it for a decade, at the expiration of which time the father removed to Kansas City, Missouri, where he now resides. He married Elizabeth Alexander, of Mason county, a daughter of William and Mary (Terhune) Alexander,


Mr. Kerr received his preliminary training in the city schools and it has been said of him that "he never graduated from a literary in- stitution or from a law college, but was trained in a better institution than either,-the school of necessity." He knew the strenuous life of the farm, to which his father removed when young Charles was in his teens, and he well knew how to "sucker" tobacco and pull a rope over the mule's back in following the corn furrows. When twenty-one years of age he began the study of law in the office of Colonel W. C. P. Breckinridge and John T. Shelby, long one of the famous law firms of Lexing- ton and Kentucky. While attacking his Blackstone with vigor, his young energies were still in part devoted to the strenuous du- ties of the farm. He was admitted to the bar of the state in 1886 and immediately en- tered upon the practice of his profession at Lexington, entering the law office of Beck & Thornton, a firm composed of Senator James B. Beck and Colonel R. A. Thornton. He remained in this association until after the death of Senator Beck, which occurred in 1889. Colonel Thornton took him into part- nership and they were profitably and agree; ably associated for eighteen years. However, since 1908 Mr. Kerr has been in practice for himself, with offices in the Security Trust Company building.


Judge Kerr is highly regarded as a lecturer on legal subjects and for two years has been a member of the faculty of the law college of the Kentucky State University, his lectures re- lating to the subjects of corporations and con- tracts. During the two years previous he de- livered law lectures at Transylvania Uni- versity on the same subjects.


In appreciation of Judge Kerr it has been said, "He has never held a political office, his aspirations for the main part being to achieve whatever success he might in his chosen pro- fession. At the urgent request of his friends, he consented to become candidate for repre- sentative from Fayette county to the Ken- tucky legislature, but was defeated by a small vote by W. F. Klair, the present incumbent. He was born and reared a Democrat and so remained until 1896, when he joined the forces of the gold standard policies in opposition to free silver, advocated by W. J. Bryan. Mr. Kerr united himself with the Palmer and Buckner policies in 1896 and has since that time affiliated himself with the Republican


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party and has generally voted for the nomi- nees of that party in the local and national contests. He attended the national Repub- lican convention which nominated Taft in Chicago in June, 1908, and also served as chairman of the campaign committee of Fay- ette county during that campaign."


Judge Kerr's elevation to his present high office was an honor entirely unlooked for. In March, 1911, Judge Watts Parker, circuit judge of the Twenty-second judicial district, died, and Governor Willson appointed Mr. Kerr to the vacancy thus caused. A delega- tion composed of Lieutenant Governor Cox, Colonel John R. Allen, Attorneys Henry T. Duncan, Richard Stoll, John T. Shelby and Messrs. Leonard Cox and Ed Bassett called upon the Governor and urged Mr. Kerr's ap- pointment and His Excellency, after careful consideration, declared that he believed him the best man for the place.


The story of the bestowal of this honor as told in the Lexington Herald is interesting as the record of an unusual and important event and is herewith given in this connection :


"Governor Willson's appointment of Hon. Charles Kerr to succeed Judge Watts Parker as circuit judge of this, the Twenty-second judicial district, met with the hearty approval of the members of the Fayette bar and lead- ing citizens of the city yesterday. On every hand and on every corner were heard ex- pressions of approval of Governor Willson's action. The committee from the Fayette Bar Association, which went to Frankfort yester- day morning to urge the appointment of Mr. Kerr, were joined by J. Ed. Bassett, president of the Fayette National Bank, and Leonard G. Cox, president of the First National Bank, who urged Governor Willson to make the ap- pointment.


"Richard C. Stoll, whose name had been mentioned as a probable appointee, and who declined to allow Governor Willson to con- sider his name among the list of applicants, was spokesman for the committee. Mr. Stoll said that the committee representing the Fayette County Bar Association desired the Governor to make the appointment from the standpoint of the qualifications and capabili- ties of the applicant rather than from a polit- ical consideration. Mr. Stoll cited the fact that Mr. Kerr had received practically the unanimous endorsement of the Fayette bar. With the refusal of Mr. Stoll to allow his name to be considered as an applicant there were only two names for discussion. T. L. Edelen, one of the leading attorneys of Frank- fort, appeared before Governor Willson in the interest of Hon. Samuel M. Wilson, the


only other applicant. Governor Willson said that he knew of no young lawyer in the state who possessed better qualifications necessary to make an efficient jurist than Mr. Wilson. The Governor said that Congressman-elect Caleb Powers, whom Mr. Wilson defended in his trial at Georgetown for complicity in the murder of Governor William Goebel, had come all the way from his home in the moun- tains to meet the Governor in Louisville to use his influence to obtain the appointment of Mr. Wilson. The Governor said that not- withstanding the high regard he entertained for Mr. Wilson he thought he ought to make the selection from his own party. In regard to Mr. Kerr, the Governor said that it was an exceptional thing for a man to receive prac- tically the unanimous endorsement of the bar of which he was a member and that so far as was his experience in making appointments he had never known the conditions of yesterday to exist before."


Many enthusiastic comments were made on the appointment, Commonwealth Attorney John R. Allen remarking as follows :


"The appointment of Charles Kerr is very acceptable to the bar of Fayette county and meets with the general approval and commen- dation of the public. He is recognized in the profession as a sound and safe lawyer, clear in thought and logical in his mental processes, well equipped in point of legal learning, and patient and careful in his study and investi- gation of questions submitted for his counsel. While his experience in the practice has not been as large as could be desired in a judge, I am satisfied that with his clear conceptions of the fundamental principles of the law, united with his studious habits, he will soon be able to handle with ability and satisfaction the business of the court and establish for himself a reputation as an efficient and capable judge. In addition to these legal attainments, Mr. Kerr has a quiet mental poise and calm, so necessary to a judicial temperament, that will enable him to weigh impartially both sides of every question and to search without preju- dice or bias a correct and just conclusion."


Mr. T. T. Forman, when he was asked what he thought of Mr. Kerr's appointment, replied :


"My estimate of Charles Kerr, after more than twenty years of reasonably close ac- quaintance with him, is that he possesses the needful qualities of head and heart to make a good judge. So far as I know he has never been tied to or allied with any 'special inter- ests,' and if this be true it is fair to assume he will be free from any conscious or uncon- scious 'leanings' such as not infrequently mar


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the record of an upright judge, who by reason of previous professional training in represent- ing such 'interests' is unconsciously influenced and so develops into a 'one-sided' rather than a well-rounded judicial figure. Mr. Kerr is deliberate and weighs things. He is modest and free from pride of opinion and will listen to sound arguments. He is a man of spotless integrity and high sense of honor. He has very considerable legal training and what is better, the disposition and industry to keep on learning the law.


"In the trial of cases, I do not believe he will ever know any man. The cordial, in fact the practically unanimous endorsement of Mr. Kerr by the Lexington bar is the highest pos- sible evidence that they believe his eminent fit- ness for the place, and I feel confident, if his life and health be spared, his course on the bench will be such as will not only maintain, but increase that respect, confidence and es- teem."


In 1886 Judge Kerr was united in marriage to Miss Linda Payne, who was born and reared in Lexington and who is a daughter of John B. and Ellen Douglas (Woolley) Payne, both of whom are now deceased. She is a granddaughter of Judge A. K. Woolley, one of the most distinguished jurists of Kentucky, and a great-granddaughter on her mother's side of Robert Wickliffe, one of the most dis- tinguished land lawyers of Kentucky. She. is descended through her maternal and pa- ternal ancestors from the Howards of Vir- ginia, General John Howard, of Revolutionary fame, being a common ancestor. Judge and Mrs. Kerr have a son and a daughter,- Charles and Margaret Howard.


Fraternally Judge Kerr has passed through the circle of York Rite Masonry, holding membership in Lexington Lodge, No. 1, Royal Arch Masons, and Webb Commandery, No. 2, Knights Templars. He belongs to the Bap- tist church and his wife is a member of the Episcopal church. Their home is one of the attractive abodes of the city,-cultured, re- fined and hospitable.


JAMES D. MIDDELTON .- Among the best known and most highly esteemed of the citi- zens of Shelbyville is James D. Middelton, cashier of the Farmers' & Traders' Bank. He is an excellent as well as a leading citizen, has been a life-long resident of the county and comes from one of the representative pioneer families of this section of the state. He was born September 10, 1848, at Cross Keys, Shelby county, his parents being Adam and Mary F. (Willis) Middelton. He received his early education in the district schools, and left the home roof at the age of twenty-one,


coming to Shelbyville, where he has ever since made his home and where he has become a leading figure in the financial affairs of the community. His first position after entering upon his independent existence was as book- keeper and clerk for J. A. Middelton & Swearingen, in their general store, and in such capacity he continued for some years. His identification with the bank dates from 1876, when he accepted the position of bookkeeper and in due time his faithfulness and efficiency were recognized by his elevation to the cash- iership in January, 1902. He is also a stock- holder in the bank. A Democrat in political conviction, he takes in politics only the in- terest of the intelligent voter, as he prefers the quieter walks of life and has never been troubled by any latent ambition to dabble in public affairs. He is public-spirited and ever ready to give his hand to the altruistic causes.


Mr. Middelton established a household of his own when, on the 19th day of October, 1893, he was united in marriage to Maud Hastings, a daughter of John T. and Mary (Lancaster) Hastings, the former a Shelby- ville merchant, now retired. The Hastings family is well and favorably known in this section. Mr. and Mrs. Middelton have no children, but their home is the center of a gracious hospitality. Both the subject and his wife are interested in the affairs of the Baptist church, to which they give hearty support.


The Middelton family of which the subject is a scion lived in the early days in both Vir- ginia and Pennsylvania, and it was from the latter state that Adam Middelton came to the Blue Grass state more than a century ago. The maiden name of his wife was Mary Ful- ton and their descendants are numerous. Adam and Mary located in Shelby county and became hosts of the famous hostelry of stage coach days,-the Cross Keys House,- the name coming from the painted sign, which represented a bunch of keys hanging crossed upon a post. A part of that ancient structure is still standing and has been built into the present inn of that name. In addition to pro- viding creature comforts for man and beast Adam engaged in blacksmithing, and being industrious and a good manager, he became the possessor of a comfortable competence. The major part of his holdings consisted in a large farm on the state pike. He was a Democrat and interested in the issues of the hour, but like the subject, his grandson, his ambitions did not lie in the line of office seek- ing. He died in 1834, the father of ten chil- dren, of whom more extended mention is made in the biographical sketch of Mr. John


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T. Middelton, on other pages of this work. There were two of his sons, Adam and Robert, by name, the former of whom is Mr. Middel- ton's father, who were particularly devoted to one another and who remained as closely as- sociated as possible throughout the course of their lives. They married sisters, Robert's wife being Letitia Willis, and she and her sister Mary, previously mentioned, were daughters of Pearson and Elizabeth Willis, agricultural people of this district, whose memories are held in great honor. Children were born to Adam and Robert and their families were reared beneath the same roof; ate at the same table; conned their lessons to- gether ; and received their spiritual enlighten- ment together at the Baptist church, not far away from their home. Those were happy, care-free days, and there was a goodly com- pany of young people, for Adam had eleven children and Robert eight, which by simple arithmetic is found to make nineteen. At the present day five of the children of Adam sur- vive, namely: John T., president of the Peo- ples Bank & Trust Company ; Mary E., wife of C. S. Weakley; James D., our subject ; Price W., and Jennie V., who still resides upon the old homestead, which is the home also of several of her Uncle Robert's children. The father of Mr. Middelton survived until 1890 and his mother until 1896.


Throughout the years Mr. Middelton has remained faithful to the Baptist church and both he and his wife play a valuable part in its affairs. They are identified with the best social activities of the place. He is interested in all that tends toward development and progress, and taking him "all in all" is a valu- able member of society.




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