USA > Kentucky > Daviess County > History of Daviess County, Kentucky, together with sketches of its cities, villages, and townships, educational religious, civil military, and political history, portraits of prominent persons, biographies of representative citizens, and an outline history of Kentucky > Part 14
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The defense was placed on the ground of killed in the defense of their father. The case was so noticeable that Colonel Breckenridge was brought from Lexington to proscente and an able firm of law- yers in Elizabethtown, also retained in aid of the State's Attorney, and the subject of this sketch taken up from Owensboro to aid in the defense.
The next was the case of the Commonwealth vs. Peyton Kin- cheloe and two others, charged with the murder of Avis Thogmorton in the Daviess Circuit Court. We need say nothing of this, as the homicide and trial took place in this county and of course the par- tienlars and circumstances are as well known as we could detail them. It may be proper for us to state that the defendant was rcad- ily acquitted on the plea of self-defense. The Florence case was never tried ont, the Government after the hung juries having "non-prossed" the case. Mr. Stuart was also in the defense of Wm. Bell, indicted in the Federal Court at Louisville, for the murder of a colorcd man, Cundiff. This was the first case under what is known as the civil rights law. Bell, after a hung jury, was capitally convicted, but was rescued on a motion for a new trial and finally the case went off for want of jurisdiction in the court. At an early day in professional life Mr. Stuart made a defense for James Dejarnett, charged with barn burning, in the Breckenridge Circuit Court. This case was noticeable on account of the character of the Dejarnett family. As a judge he sat in seven capital cases, and rendered seven capital sentences. In two of these the condemned committed suicide the night before they were to suffer. During the war he had many thrilling adventure's and was often captured in the guerrilla raids. He was holding court at Hawesville when the great mob occurred which resulted in the murder of Thos. Lowe in the jail, which at the time was regarded as the most tragic affair which had ever happened in the State; and we suppose, coupled with subsequent events which grew ont of it, nothing could be more dramatic in real life. He was in neither army although offered a colonelcy thrice, pending the war.
As a judge it is thought that Mr. Stuart has decided more cases than any other judge in America; for a time he averaged probably ten thousand a year.
Mr. Stuart is also a writer, as he has published articles in the press, and has composed some fine poems, --- among them "The Old Dance," " Bob Walker," " Mania a Potu," etc. An extraordina- rily good poem of his was occasioned by his reading an account of
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the discovery of an English mummy with a harp in its hand, one string of which was still in tune, after a lapse of thousands of years! He has a family of three sons and one daughter-William A., Charles, Alfred A. and Lottie Logan.
W. A. Stuart was born in Brandenburg, Meade County, Ky., Sept. 8, 1847. He came to Daviess County, Ky., in 1867, and has since made Owensboro his home. He was Master Commissioner of Daviess Circuit Court during the years 1876 and 1877. From Jan. 1, 1878, to Sept. 10, 1882, he was Internal Revenue Collector of the Second District of Kentucky.
Hon. William N. Sweeney, one of the leading members of the Daviess County bar, was born in Liberty, Casey Co., Ky., May 5, 1832. His grandfather, Charles Sweeney, was a native of Virginia, and on emigrating to Kentucky settled in Casey (then Lincoln) County, where Joel Sweeney, the father of William N., was born. Joel married Obedience Edwards, of Garrard County.
Mr. Sweeney obtained his early education in his native town; was afterward a student in Bethany College, West Virginia. At the age of seventeen he began to study law with his father, who was educated as a lawyer, but had practiced his profession very little. He subsequently pursued his legal studies with McDowell Fogle, one of the first lawyers of Liberty. On his admission to the bar he began practice at Liberty, at the same time occupying the position of Deputy Clerk of the court. He came to Owens- boro, May 4, 1853, and commenced practicing law. In 1854 he was elected County Attorney, and held the office four years. In January of the same year he was married to Lizzie Rodgers, of Owensboro. In 1856 he entered into a partnership with R. H. Taylor, which continned six or seven years. In 1860 his name appeared on the Breckenridge electoral ticket for Kentucky. In 1866 he was a candidate for Congress in the Second Congressional District, and was defeated by John Young Brown, by one vote. In 1868 he was nominated for the same office by the Democratic Convention, and was elected over Langley, of Henderson, the Re- publican candidate, and H. D. MeHenry, Democrat. He served one term ably and honorably. Declining a re-election, he resumed his practice at the bar. In 1863 he formed a law partnership with John Pope, which continued three or four years.
Mr. Sweeney is celebrated among the members of the bar for the rapidity and accuracy displayed in his drawing up of legal documents. He is a close reasoner, a logical speaker, convincing
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by argument and reasoning rather than winning by rhetoric and eloquence. Though distinguished most by civil practice, he has been engaged in nearly all criminal cases of importance. He was one of the leading lawyers in the case of the Commonwealth v8. the Kincheloes and Luckett, for the murder of Throckmorton, one of the most noted cases tried in recent years in Kentucky. The prosecution was ably conducted by the late Phil. Lee, of Louisville, at that time considered the most successful prosecutor in the State. Mr. Sweeney's participation in this trial gained him much celeb- rity, and his speech on giving the case to the jury was regarded as a remarkably fine effort. His standing at the bar is such that for the last ten years he has been chosen on one side or the other of every important case tried in the Daviess. County courts.
James J. and Wm. C. Sweeney, sons of the preceding, are in partnership with him in the practice of law.
G. W. Swoope, attorney and counselor at law, Owensboro.
A. C. Tanner, a resident of McLean County, practiced a little in the courts of Daviess County; he is now at Evansville.
E. P. & R. H. Taylor are attorneys, whose office is over the First National Bank. E. P. is a native of this county, located in Owensboro in 1873, and was admitted to the bar in 1875. His age now is about thirty-two.
Richard H. was born in Daviess County, Ky., Jan. 29, 1835. He was reared on a farm and educated in this county. In 1858 he commenced the practice of law in the courts of Daviess and adjoining counties. He has been a member of the City Council and has been City Attorney for Owensboro several years; las also been Master Commissioner of Daviess Circuit Court. He was a Director of the Planters' Bank several years, and was subsequently its President. When the bank was changed to the First National Bank of Owensboro, Mr. Taylor still continued its President. He is practicing law and carrying on a farm of 130 acres a mile and a half southeast of Owensboro, where he resides at the present time. He also owns 480 acres near Yelvington, 200 acres in Hancock County, city property in Owensboro, and thirteen acres adjoining Owensboro. He was married in December, 1858, in Jefferson County, Ky., to Mary Fielder, a native of St. Louis, Mo., born in September, 1839. They have four children-Gibson, born Aug. 1, 1861; Susan, September, 1863; Samuel P., March, 1874, and Zach, May, 1880.
Clinton K. Tharp, lawyer, was born in Marion County, Ky., 10
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Oct. 28, 1848. His early education was received in the common schools of Daviess County, and his collegiate at Cecilian College, and at the Kentucky University at Lexington. He subsequently sindied law and gradnated in the law department of the University of Michigan. Was a member of the Legislature 1877-'9, from Daviess County. In 1880 he moved to Washington County, Ind. Joseph Thonve, Teller of the First National Bank, of Owensboro, was born May 1, 1822, in New Orleans, La., the son of Joseph and Eliza (Weissenfels) Thomas. Before he was five years of age General Jackson, when on a visit to New Orleans, gave him a half dollar bearing the inscription : "Gen. A. Jackson to J. Thomas, January 11th, 1828." He has sacredly preserved the gift through prosperity and adversity, and indicates his purpose to hand it down to future generations. The coin was made in 1806, but is only slightly worn. When ten years of age his father died, and the family moved to Bardstown, Ky., where Joseph went to school, attending St. Joseph's College four years. In 1837 he came to Owensboro, where he was still further educated under the direction of Mr. Scarborough, , a most excellent teacher. On entering the responsibilities of a more independent life, Mr. Thomas, being a fine penman and accountant, struck out in the mercantile line, first entering the dry-goods store of T. W. Watkins, then in the same trade alone, next a flouring mill, which was ultimately bnrned, then a saw-mill, pork trade, etc. He was Circuit Clerk of Daviess County six years, then deputy nnder John P. Thompson about three years, and then succeeded Mr. Thompson as Circuit Clerk again for a few months. Since 1873 he has been connected with the bank formerly called "The Planters, " and now The First Na- tional. Mr. Thomas was married Jan. 16, 1844, to Miss Sarah Watkins, a native of Maryland, who died Nov. 7, 1856, leaving four children. Oct. 5, 1857, Mr. T. married Sarah M. Grissom, and she died July 21, 1878, leaving two children. There are now living five children of Mr. Thomas', namely: William, in Mem- phis; Alice, now Mrs. Burkhart, in Owensboro; Pell, clerk on the Anchor line of steamers between St. Louis and Memphis; Joseph, Jr., employed in the First National Bank of Owensboro; and Alfred, at home and attending school. Mr. Thomas has been a successful business man, but has met with many serions misfort- unes-losses by fire, sickness and death. It is worthy of mention here that Mr. T. kept an elaborate diary for nearly thirty years of his life, which is described more fully in the chapter on "Meteor- ology."
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Phil. Thompson, one of the first three lawyers resident in Daviess County, figures very largely in Chapter II. of this book. The old portion of the Upper Ward brick school-house was built by him, in consideration of a certain number of land warrants signed over to him. He is principally remembered as one of the parties in the famous duel with Robert Triplett. He himself was afterward killed by Mr. Jeffries in November, 1836, on the left- hand side of Frederica street, between Main street and the river. There was a quarrel between them growing ont of the burning of some property which the other owned. It is stated that the only living witness of that famons duel is Colonel Jesse L. McRocklin, now a resident of Blanco County, Texas. Hestarted from Owensboro for that country during the great star-fall of Nov. 13, 1833, and has never returned to this place but once since then, and that was two or three years ago on a visit to a relative.
John E. Timms was a practicing attorney at law in Owensboro in 1868 at least. Office in Rudd's building.
C. S. Walker was admitted to the bar in South Carolina in 1870; moved to Kentucky in 1871. He has been practicing law in Owensboro since September, 1871. In February, 1880, he became a member of the law firm of Weir, Weir & Walker.
James Weir, of the firm just mentioned, has been for inany years one of the most influential citizens of Kentucky. See Chapter IX, " Authors and Artists."
John G. Weir, a son of the preceding, is a member of the firm of Weir, Weir &. Walker.
D. K. Weis was a lawyer of Owensboro a few years.
Geo. Weissinger, who was once a lawyer here, is now in Louis- ville.
J. M. Wells is a fine lawyer now doing a prosperous business.a IIorse Cave, Ky. This is his native State. He was admitted to the bar in this circuit and was practicing here in 1878.
George W. Williams is one of the oldest members of the Owens- boro bar, and one of the most prominent lawyers in this part of the State. He was born in Breckenridge County, Nov. 7, 1814. His parents, Otho and Mildred Williams, were Virginians, and among the earlier emigrants to Kentucky. Their five children were Nathan A., James R., William A., Hugh T. and George W., who is the youngest. Judge Williams worked on his father's farm until the age of twenty, and he grew to maturity without acquiring even the rudiments of an English education. His attendance at the schools
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of that vicinity did not exceed nine months. In 1835, by the kind- ness of two of his brothers who had settled in Louisville, he was enabled to attend a better class of schools than he had found in his native county. Ile there entered the schoo! conducted by Messrs. Cissell and Hanover, where he made considerable progress in the higher branches; but his means and time were too limited to admit of anything like thoroughness in any department of learning, and he has deeply felt the want of better and more extended scholastic training. In 1837 he located at Helena, Ark., where he taught a private school during the year 1838; but losing his health, he re- turned to Louisville, and entered the office of Thomasson & Boone as a law student. In 1840, having obtained a license to practice law, he located at HIawesville, the county seat of his native county, in the vicinity of which he continued to reside, farming, practicing his profession, and presiding as Circuit Judge of the district, until he located at Owensboro, where he has been actively engaged in his practice since September, 1870. In 1841 he married Mary W. Hamilton, daughter of Andrew Hamilton, a farmer of Hancock County. She was born in Franklin County, Ky. Mr. and Mrs. Williams raised five children-Hamilton, married Nannie Hall, daughter of Major Wm. F. Hall, and died leaving one daughter; Jane, wife of Judge W. P. Baker, resident of Daviess County; James R., now deceased; Mary Ruth, and Hugh A., who was admitted to the Daviess County bar in 1881.
Judge Williams has but little taste for official positions, holding that as a general rule " private station is the post of honor," and enjoying with keen appreciation that freedom from restraint of thought and expression which official positions usually impose. He has, however, departed occasionally from this principle; in 1850-'1 he served in the Legislature of Kentucky as a Represen- tative from the counties of Hancock and Ohio, receiving, against two formidable competitors, every vote in Hancock County, except thirty-seven. In 1856 he was chosen a Buchanan elector in the Second Congressional District. In 1857 he was nominated by the Democratic party for the State Senate, but was defeated by John B. Bruner, Esq., of Breckenridge County, who was the represen- tative of the "American party," which had an overwhelming major- ity in the district. He was an ardent supporter of John C. Brecken- ridge for the Presidency in 1860. In 1867 he was elected Circuit Judge of the Third Judicial District, which office he held until January, 1870, when he resigned the office. In this year he was a
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candidate for the office of Judge of the Court of Appeals in the Fourth Appellate District, but the Democratic party having de- termined to make a political nomination for the office, he withdrew his name from the canvass upon the ground that he was unwilling to accept that high judicial position under a political nomination; but at the same time felt it his duty to defer to the judgment of his party in their determination to make a political nomination for the office.
Judge Williams co-operated with the Whig party until it was absorbed by the American party in 1855, since which he has uni- formly acted with the Democratic party in all political contests. He was an ardent sympathizer with the Confederate movement, and urged that the State of Kentucky should unite with the other Southern States and make common cause with them. His sym- pathy with the South led to an order for his arrest, to avoid which he exiled himself in Canada. The war being over he accepted its results, and holds that duty, patriotism, and honor demand a united co-operation of each section for the common interests of all sections of a common country. Judge Williams is distinguished for his industry, and the assiduity with which he devotes himself to whatever he undertakes. He holds that unremitting application to business, rather than the gifts of nature, is the basis of success in the practice of law.
In August, 1882, he was a candidate for the office of Superior Judge for the Western Judicial District of Kentucky. A plurality of delegates were instructed to vote for Judge Williams; he was defeated.
Hugh A. Williams, son of Geo. W. Williams, Esq., was admitted to the bar in 1882, and he has his office in the same room with his father.
J. G. Winfrey came here from Virginia in 1877, practiced law for awhile, and moved to Evansville, Ind., where he is now follow- ing his profession.
George Helm Yeaman was born in Hardin County, Ky., Nov. 1, 1829. Had a grammar-school education, studied law at home, without a preceptor, was admitted to the bar in 1851, and without having had any experience as a practitioner removed to Owensboro in 1852. One of the first cases of any importance lie ever tried was Dickens against Callioon and others, in McLean County, an action of ejectment, placed in his hands by an eminent lawyer of Elizabeth town, Ky.
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While striving to establish himself professionally, he became editor of the Owensboro Gazette, a weekly, by way of employing spare time, and adding somewhat to his limited income. Although his editorial labors did not at all interfere with his attention to business, he has always regarded his connection with the paper as a mistake, tending to divert from him recognition as a lawyer. One editorial, in opposition to the repeal of the Missouri Compro- mise, attracted wide attention and comment.
In August, 1854, while practicing law and editing the Gazette, he was elected County Judge of Daviess County, which office he held for four years. Although such an office was an honor to so young a man, and though he could and did continue his practice in the Circuit Courts and Court of Appeals, he discovered that the position rather retarded than advanced liis principal aim-to be- come eminent in his profession-and declined to be a candidate for re-election.
He was married Nov. 20, 1855, to Lelia P., daughter of Robert Triplett. After the expiration of his term as County Judge, he continued to practice, both in the Circuit Courts and the Court of Appeals, until the breaking out of the civil war, when, in Au- gust, 1861, he was elected to the Legislature of Kentucky, by a small majority. The canvass was one of the most active, heated, and earnestly contested ever made in the county. He was the candidate of what was known as the Union party, opposed to se- cession, and opposed to calling a convention to consider the ques- tion, the Republican party having at that time a very small following in the State.
The following session of the Legislature covered an important and critical period in the history of the State. Before his terin of two years had expired, he was, at a special election, held in Oc- tober, 1862, elected to Congress from the Second District, to fill the vacancy caused by the death of General James S. Jackson, and served one session. In August, 1863, he was re-elected, and served the full term. While in Congress he advocated and voted for the Constitutional Amendment abolishing slavery in the United States. He became a candidate for re-election, and in August, 1865, was defeated, though securing a larger vote than when elected.
In the autumn of 1865, without any solicitation or application on his part, he was named as Minister to Copenhagen, and sailed for that capital in October, 1865. While residing at Copenhagen he wrote and published the "Study of Government." Early in
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1870 he tendered his resignation, but remained at his post until his successor arrived in October, when he took leave of the Danish Government and returned to the United States. Ile did not resume the practice of his profession in Kentucky, but settled in New York, where he has since resided. Since removing to New York he has taken an active interest in the labors of the Bar Association of that city, has been Vice-President and President of the Medico- Legal Society, and for several years was lecturer on Constitutional Law in the Law School of Columbia College.
In politics Mr. Yeaman, as a young man, was a Clay Whig, of the protective tariff school, but is now an ardent free-trader. After the disruption of the Whig party, he advocated the election of the Bell and Everett ticket. In Congress he co-operated with conser- vative border State Union men, such as Crittenden, Griden and Wadsworth of Kentucky, and Rollins of Missouri. After the po- sition of affairs became such as to render, in his opinion, that course impracticable, if not unwise, he sustained the Republican party, as a moderate, not radical, member of it, and in New York has of late sided with the Garfield Republicans, called "half-breeds " by the stalwarts.
John C. Leiser was a lawyer in Owensboro, in 1868 at least, in partnership with B. H. Triplett.
Martin Yewell, the present County Attorney, was born and raised about three miles from Owensboro, southeasterly. Was Dep- nty Sheriff for a time. Present office, with Owen & Ellis, north side of the public.square.
Colonel Charles S. Todd, a distinguished politician and statesman, was for many years a resident of this county and was the son of the late Thomas Todd, who filled the high office of Judge of the Supreme Court of the United States. He was from near Danville, Ky., on 22d January, 1791, and graduated with high reputation, at the ancient university of William and Mary in Virginia in 1809, and in 1810 attended a course of lectures in Litchfield, Conn., by Judges Reeves and Gould.
In 1811 he established a law office in Lexington, but at that time the second war with Great Britain broke ont and he took part in the contest, and in 1812 volunteered his services and was elected ensign in one of the companies from Lexington, though before the march of the troops in August, was appointed to a situation in the Quartermaster General's Department which made him, the acting Quartermaster of the advance, of the left wing, of the North-
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western Army. In December he was appointed into General Harrison's staff, as Division Judge Advocate of the Kentucky troops. In this capacity he was the bearer, 100 miles across the wilderness on ice and snow, of the confidential instructions from the Commander-in-chief to General Winchester, previous to the dis- astrous affair of the river Raison. McAlee's History of the war, Butler's History of Kentucky, and Judge Hall's life of Harrison, all speak of incidents in this campaign, in which Ensign Todd's enterprise and intrepidity were highly commended. He was appointed to a vacancy of Captain in the Seventeenth Regiment of Infantry, and after commanding the recruiting rendezvous of the regiment at Newport, was transferred to an original vacancy in the Twenty-eighth Regiment of Infantry attached to the brigade of General Cass and was appointed aid to General Harrison.
During the summer of 1814 Major Todd acted also as Adja- tant General of the district and is thus handsomely noticed in General McArthur's report of the expedition into Canada during that fall: " I have the support of the troops in assuring you, that to the military talents, activity and intelligence of Major Todd, who acted as my Adjutant General, much of the fortunate, progress and issue of this expedition is attributable."
In march following he was promoted to the position of Inspector General with the brevet rank and pay of Colonel of Cavalry. Upon the disbandment of the army in 1815 he returned to his profession at Frankfort, and in 1816 married the youngest daughter of Governor Isaac Shelby.
Soon after he was appointed "Secretary of State" by Governor Madison. Colonel Todd resigned this office upon the death of Gover- nor Madison, and the year following was elected to the Legislature from Franklin County, and again in 1818.
In 1820 Colonel Todd was appointed Minister to Colombia, South America, upon a confidential mission, with the pay and duties of a charge d'affaires. He returned to the United States in 1821, and resumed his position at the capital of Colombia in 1822, bearing the recognition of the independence of that Government. At the close of the mission to Colombia, in 1824, Colonel Todd returned to the United States, and established himself upon a tract of land in Shelby County, originally located by Governor Shelby. In 1837 to '39 he served as a commissioner in the Presbyterian General Assembly, in Philadelphia, by which the separation was effected, he sustaining the Old School party. In 1840 he was invited by the
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