The history of Franklin County, Ky., Part 19

Author: Johnson, L. F. (Lewis Franklin), 1859-1931
Publication date: 1912
Publisher: Franklin, Ky., Roberts Printing Co.
Number of Pages: 314


USA > Kentucky > Franklin County > The history of Franklin County, Ky. > Part 19


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was killed, John Smith was shot through the knee and lost a leg as the result, and a negro by the name of Charles Graham was shot through the breast and was seriously but not fatally wounded. The Democrats came on to Frankfort and had a warrant issued against Frank Egbert and placed in the hands of Tes Deakins, a fearless Deputy Sheriff of the county. Later in the night when Deakins undertook to execute the war- rant of arrest on Egbert, at the corner of Main and St. Clair streets, Egbert and his friends commenced firing at Deakins and the Democrats who were located at the four corners of the street, commenced shooting at Egbert. As a result Deakins was shot twice and instantly killed and Egbert was shot five times and he, too, then and there died from the wounds. Walter Goins, an uncle of Egbert, was shot in the foot. Several men were arrested and lodged in jail but none of them were ever tried. Deakins left a wife and three small children, and Egbert also left a wife and three small children. Glore was not married.


Judge George C. Drane died on the first day of the new year, seventy-one years of age. He was elected Circuit Judge in 1862 and was re-elected. He served fourteen years on the bench.


On January 15th Dewitt Clinton Barrett died in his 75th year. He came to Frankfort from Pennsylvania in 1858, and commenced work on the Kentucky Yeoman. In 1875 he purchased an interest in the Yeoman which was run under the firm name of Major, Johnston & Barrett. He was modest, un- assuming, true, upright and honorable.


The election for county officers in 1898 resulted as follows: J. D. Moore, Judge; J. II. Polsgrove, Attorney; Ben Suter, Sheriff; W. H. Hawkins, Assessor; James Alley, Jailer, and Miss Lucy Pattie, Superintendent of Schools.


Judge Thomas H. Hines died at his home in Frankfort, January 24th, 1898. He was born in Butler County, October Sth, 1838. He was well educated and was employed as a pro- fessor in Funk Masonic Seminary at LaGrange, Kentucky. IIe was Captain in General Morgan's command during the Civil War and was captured with him during the raid through


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Ohio and was confined with him in the Columbus penitentiary. It was Judge Hines who planned and carried into execution their escape from the penitentiary. AAfterwards he went to Canada to cooperate with Jacob Thompson in the attempt to liberate the prisoners in northern prisons. At the close of the war he studied law and was editor of a newspaper. In.1878 he was elected Judge of the Court of Appeals, and at the ex- piration of his term of office retained his citizenship at Frank- fort. In 1891 he represented Franklin County in the Consti- tutional Convention. He was tall, slim and delicate. Ile had the moral courage to express his opinion and the physical courage to carry them into execution.


On the Sth of the following May Maj. II. T. Stanton died, in his 64th year. He, too, was a Confederate soldier, and was promoted for gallantry to the position of Major. He was a genial, companionable man and he was a poet of high order. His "Jacob Brown" and "The Moneyless Man" gained for him a national reputation as a man of letters. Ile assisted Col. J. S. Johnston in writing the History of Louisville. For many years he was assistant editor of the Frankfort Yeoman. A small stone giving his name, birth and death marks his last resting place in the Frankfort cemetery.


Walter R. Franklin died on the 19th of July, 1899, in his 76th year. He spent fifty years of his life in the Franklin Circuit Court Clerk's office. He was deputy clerk for fifteen years and chief clerk for thirty-five years. He was very care- ful and accurate. Every one had implicit confidence in his word and no lawyer thought about examining the order book to see whether or not an order was properly entered. He was always ready to advise and help a young lawyer. There was not a lawyer at the Frankfort bar who was better informed as to the general practice.


Frankfort's first street fair was opened with due and im- posing ceremonies on the 3rd of September, in the presence of a large assembly of people. The procession was led by the News Boys' Band of Louisville. Governor Bradley formally opened the exercises with an eloquent address. The fair was a


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great success. Thousands of out of town visitors were present during the week.


The Kentucky Historical Society re-established the original corner stone of Frankfort. On October 6th the un- veiling occurred. The Governor and other state officials, the Mayor and other city officials and a large number of people took part in the ceremony. The stone is located on the east side of Ann street, near the south end. The chief address of the day was delivered by Judge Lysander Hord.


A roster of the soldiers in the Spanish-American war from Franklin County is as follows: Adjutant of 1st Batallion, H. T. Gaines ; Chief Surgeon, W. H. Dade; Chaplain, Rev. W. L. Waits; Hospital Stewart, Howard H. Farmer; Dr. Nevill Gar- rett was Assistant Surgeon. Company "E" Second Regiment, Kentucky Volunteers, known as Bradley Guards-Captain, Julian Kersey; 1st Lieutenant, W. N. Bridgeford; 2nd Lieu- tenant, Estin Hieatt; Sergeant, Robert Semones; Corporal, J. W. Gilpin. Privates-Augustus Baker, Chas. Berry, B. D. Betts, R. L. Bentley, E. F. Brown, Brown, Sam Carr, Albert Chilson, Henry Chilson, Rudolph Childer, Wm. Choate, Wm. Crane, John P. Cox, Dudley Cohn, Chas. Collins, R. S. Croggin, J. E. Cleveland, W. M. Cleveland, David Howard, Jeff Davis, Cad Davis, Geo. M. Egbert, W. J. Ellard, Otis Evans, II. H. Farmer, J. T. Fitzgerald, Lee R. Foster, G. F. Gayhart, Carlton Gaines, Arthur Glore, J. E. Graves, J. D. Holmes, Wallace Hunter, F. C. Hutchinson, W. W. Huss, James Johnson, William Kavanaugh, Taylor Kinkade, John B. Kingkade, John W. Lawson, William McClure, Henry B. Kinkade, John W. Lawson, William MeClure, Henry Mitchell, J. S. Moore, Nerly Moore, Charles Netherton, Harry Nichols, R. L. Nixon, Chas. Orine, Dan Owens, Lawrence Owens, Sidney Parker, Arthur Ponder, John Richards, Charles Schuyler, George Semones, Albert Seibert, James Sharp, Claude Smith, J. F. Smither, W. F. Staples, W. R. Steffey, P. D. Stevenson, Patrick Haly, Geo. Hays, Herndon Hill, David Howard, Geo. L. Horine, Duncan C. Holmes, John E. Triplett, Emmett C. Triplett, John Tobin, Morris Updike and C. M.


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Walcutt. Stewart Farmer and Charles Ahler were members of the band.


The men from Franklin County in the Georgetown Com- pany were W. C. Jones, Herbert Morrison, Thomas R. Mark- ham, Allen W. Travel, Robert R. Craik and Ralph W. Jones.


Capt. Noel Gaines, U. S. V. of Gen. Ludlow's staff was Pro- vost Marshal of Ilavana; promoted to rank of Major.


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CHAPTER XV.


Course of Events From 1900 to 1910.


On January the 18th, 1900, Col. D. G. Colston of Middles- boro, came to Frankfort as a witness before the Contest Board. He had gone to the Capital Hotel and was sitting near the front window in the office of the hotel, talking to some friends, when Lieutenant E. D. Scott came into the office through the west entrance leading from the dining room. As soon as Scott saw Col. Colston he drew his pistol and commenced firing at him. Col. Colston immediately drew his pistol and com- menced firing at Scott. A young lawyer from Shelbyville by the name of L. D. Demarce was standing close and Scott im- mediately made a breastwork of him by throwing one arm around him and holding him in front and firing from behind him; while in that position Colston put three bullets through Demarce's heart. When each of the combatants had exhausted the contents of his pistol, Col. Colston very deliberately drew another pistol, and Scott, seeing no other way of escape, at- tempted to run down the steps to the basement but fell dead from Colston's firing when he reached the bottom step. After the duel was ended, it was found that Lieutenant Scott, L. W. Demarce and Charles H. Julian, a wealthy citizen from Frank- lin County were dead and that Harry McEwing, O. D. Red- path, Capt. B. B. Golden and Col. Colston were all seriously wounded. The cause of the trouble dated back several months, when the two army officers had a shooting serape at Anniston, Alabama.


Great excitement prevailed, and an immense crowd soon gathered at the hotel. The tragedy was in no way connected with the political contest which was at that time being tried for the state officers.


Col. Colston was indicted by a Franklin County Grand Jury but on the trial of the case he claimed that Scott brought on the trouble by following him and by commencing the fight. The Jury found him "not guilty."


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A traveling salesman representing a house in an eastern state had heard the reputation of Kentucky and Kentuckians discussed and he had no desire to form any acquaintances in the state. In the year 1894 his firm prevailed on him to come to Frankfort and he reached the city about an hour before Pols- grove shot and killed Williamson and wounded several other men, on the corner of Main and St. Clair streets, and he wit- nessed the tragedy. On his return he told his firm that he would resign rather than make another trip to Kentucky. In 1900, after much persuasion and some threats of discharging him, his firm again prevailed on him to come to Frankfort and he landed at the Capitol Hotel about thirty minutes be- fore the Colston-Scott tragedy. He was seated in the lobby near the railing which protected the entrance to the basement having his shoes shined. When the shooting commenced he jumped over the railing and fell to the bottom of the steps and broke both legs. Immediately after his fall Lieutenant Scott fell across him and was found to be dead when taken up.


The election of state officers in 1899 was close and excit- ing. The chief interest was centered in the race for Governor, the contest being between Attorney General W. S. Taylor, the Republican candidate, and Senator William Goebel, the Demo- cratic candidate. Senator Goebel's course in the State Senate had arrayed certain interests against him and the fight against him was very bitter. The face of the returns disclosed the fact that Gen. Taylor was elected by a small majority. Sena- tor Goebel's friends prevailed on him to make a contest and in due course of time the contest was filed. During the contest in the month of January, 1900, thousands of people from all sections of the State visited Frankfort. The State was stirred from center to circumference. Threats were indulged in and it was openly stated that if the contest was decided in favor of the Democrats that Senator Goebel would be assassinated. All kinds of rumors were floating around. Senator Goebel was re- peatedly warned of his danger, notwithstanding which he at- tended all the sittings of the Senate. Some of his personal friends constituted themselves a body guard and went to and from the State House with him. On the morning of January


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the 30th, Col. Jack Chinn from Mercer County, and Col. Eph Lillard from Franklin County were with him. When they reached the front gate of the old capital grounds, it was re- marked that the usual crowd was not in front of the capital building. When they reached a point about fifty feet from the steps leading to the main building a shot was fired from the window in the Secretary of State's office which struck Senator Goebel in the right side, and went entirely through him and lodged in a hackberry tree near the west entrance to the grounds. Senator Goebel was immediately taken to the Capital Hotel where he lingered until the 3rd day of February ; in the meantime he had been declared elected and had taken the oath of office. For several weeks after his death the conditions at Frankfort were dreadful. Governor Taylor still claimed that ' he was Governor and Lieutenant Governor J. C. W. Beckham, who had taken the oath of office on the death of Governor Goebel claimed that he. too, was Governor, and he assumed the duties as such with his office in the Capital Hotel. Each of them had several companies of the State Guard under arms and a conflict between them was almost hourly expected. The citizens of Frankfort had also taken sides, and each side had armed themselves. The Republicans generally claimed that it was a just retribution summarily inflicted, and the Demo- erats claimed that it was the greatest outrage ever perpetrated in a free country. After the flight of Governor Taylor and peace had, in a measure, been restored. the grand jury was convened and indictments were returned against Caleb Powers, who was the Republican Secretary of State, and W. S. Taylor, who was the Republican Governor, and W. H. Culton, F. W. Golden. Green Golden. John L. Powers, John Davis, Chas. Finley, Henry Youtsey. James Howard. Berry Howard, Gar- nett D. Ripley. Harland Whittaker, Richard Combs. Zack Steele and Frank Cecil, charging that all of them were impli- cated in the murder. The Republicans openly charged that the defendants could not get a fair trial in Franklin County. Calch Powers and Henry Youtsey were granted a change of venue to Scott County. Capt. Garnett D. Ripley was tried at the April term, 1901. ITe was the first one of the defendants


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to stand trial. He was prosecuted by the able Commonwealth Attorney, Robert B. Franklin, assisted by Thomas Campbell, of Cincinnati and Judge Benjamin G. Williams, of Frankfort. He was defended by Judge J. T. O'Neal, of Louisville, Col. William Cravens of New Castle, Judge P. U. Major and L. F. Johnson of the local bar. Judge James E. Cantrill was the presiding judge. The jury was composed of the most intel- ligent and best educated men in the county who could be secured. The court house was crowded almost to suffocation, during the whole time. After a long and intensely interesting trial the jury brought in a verdict of "not guilty."


Henry Youtsey was convicted and sent to the penitentiary for life, and in the year 1912, is still serving his sentence. After his conviction Youtsey made a confession in which he claimed that Jim Howard fired the shot which killed Governor Goebel, and that the other above named defendants were in the conspiracy. Jim Howard was tried three times and convicted. The Court of Appeals reversed the lower court twice, but he was finally sent to the penitentiary for life, but was pardoned by Governor A. E. Willson. Caleb Powers also had three con- victions and he, too, with several other of the most prominent. defendants, were pardoned by Governor Willson. The trial of these cases, known as the "Goebel cases," continued through a period of about eight years. The defendants made a strong fight for life and liberty and only two of them were ever placed behind prison walls. On April 23, 1909, Gov. Willson par- doned W. S. Taylor, Chas. Finley, John L. Powers, Harland Whittaker, John W. Davis and Zack Steele.


The County Assessor for the year 1901, returned the fol- lowing assessments: Number of acres of land, 123,831, with im- provements valued at $2.410,130; number of town lots, 1,563; improvements, $2,149,563; number of horses, 4,428, valued at $100,519; number of hogs, 3,831, valued at $17,325. The total assessment amounted to $6,192,020. Number of legal voters, 2,398.


Pat McDonald, lawyer, editor and Democratic politician died on March 14, 1901. He was a Magistrate of the county, and was the best informed man on county affairs in the county.


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For many years he was editor and publisher of The Western Argus. He displayed marked ability as an editor and as a business man.


The corner stone of the Elk's Lodge, located on Lewis street, was laid May 27, 1902. Hon. G. Allison Holland was the orator of the occasion.


The election of county officers in 1902 resulted as fol- lows: J. H. Polsgrove, Judge; James Buford, Attorney; A. G. Jeffers. Sheriff : Brose Quarles, Assessor, who died in office and R. C. Hieatt was elected to fill out his term; M. L. Lawrence was elected Jailer, and Miss Lucy Pattie Superintendent Schools. South Trimble was elected to represent the county in 1898, and re-elected in 1900. He was speaker of the House during his second term. Dr. Owen Robinson represented the county in 1902. Col. E. H. Taylor, Jr., was elected State Senator for his district in 1901, for a term of four years. L. F. Johnson was elected in 1903 to represent the county, and re-elected in 1905.


Judge Patrick U. Major died in July, 1903. Ile was born in Frankfort in the year 1822, and was educated by B. B. Sayre and at Union College. He studied law under the in- struction of Judge T. B. Monroe and Gov. Chas. S. Morehead, and was admitted to the bar in 1844. In 1852 he was elected County Attorney. In 1856 he was elected Commonwealth's Attorney, and in 1870 he was elected Circuit Judge, and was re-elected to succeed himself. He was a Judge of pure heart and strong intellect. He was faithful, kind and efficient. On retiring from the bench he resumed the active practice of law and was connected with some of the most important litigations in the State. He was an excellent judge of human nature and a "reader of men." He was doubtless the strongest criminal lawyer who ever engaged in the practice at Frankfort.


In 1903 the citizens of Frankfort commenced the final contest for an adequate appropriation for a new capital build- ing and which meant a permanent location of the capital at Frankfort.


For more than a hundred years Lexington and Louisville had desired to remove the capital but neither of them would


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agree for the other to have it. The Senator from the Frank- fort senatorial district and the Representative-elect with six- teen prominent citizens of the city and county composed a committee which took charge of the contest. Under the super- vision of this committee a booklet was prepared setting forth the history of "The Capital Question," and the necessity for the new building. A copy of this booklet was sent to every member of the Legislature, and the Representative-elect of Franklin County visited different sections of the State and made an especial effort to interest the newspapers and promi- nent citizens from all parts of the State in "The Capital Ques- tion."


The Legislature convened January 5th, 1904, and on Jan- uary the 12th the Representative from Franklin County intro- duced House Bill No. 69 which provided for the appropriation of one million of dollars with which to erect and complete a new capitol and other necessary buildings at the seat of gov- ernment. When the measure came up for passage there was only one dissenting vote in the House and with like una- nimity the bill passed the Senate. An amendment tacked to the bill in the House which named the old capitol grounds as the site for the new building caused Governor J. C. W. Beck- ham to call an extra session of the Legislature in 1905 in order that the site might be changed.


On November 15, 1904 a primary election for county offi- cers was held. A nomination at that time was equivalent to an election. The nominations resulted as follows: J. H. Pols- grove, County Judge; F. M. Dailey, Attorney; R. C. Hieatt, Sheriff; W. H. Hawkins, Assessor; E. R. Jones, School Com- missioner; J. W. Bridges, Jailer and L. F. Johnson, for Rep- resentative. The contest for Representative was probably the fiercest struggle ever had for any position in Franklin County. The successful candidate won by only four votes from his competitor, Col. E. II. Taylor, Jr. Col. Taylor contested the nomination and took the case to the Court of Appeals twice be- fore the final settlement. Col. Taylor had been Mayor of Frankfort for several terms; Representative of his county twice and State Senator twice. He was known as "The veteran


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war horse of local politics." Doubtless the cause of his defeat was his announcement in the papers that he would not make the race for Representative and was afterwards induced by his friends to change his mind. The officers nominated in No- vember, 1904, were elected in 1905 and commenced their terms of office in January, 1906.


During the Legislative sessions of 1904 and 1906 there was appropriated more money for the permanent improve- ment of public buildings at Frankfort than was spent by the State for that purpose during its whole history prior to that time. The million and a half dollars for the capitol building was supplemented by eighty-six thousand for the State peni- tentiary at Frankfort: twenty thousand for the Colored Normal School; twenty thousand for the Feeble Minded Institute; twenty thousand for the William Goebel monument; two thous- and for repairs on the Boone monument, and five thousand per year for the collection of relies for the Historical Society.


The corner stone of the new capitol building was laid by Gov. J. C. W. Beckham on June 16th, 1906. in the presence of a crowd of people estimated at from twenty to twenty-five thous- and.


John W. Milam was chief marshal of the parade and Gen. D. W. Lindsey was master of ceremonies. Hon. H. V. Mc- Chesney, one of the capitol commissioners, and as the repre- sentative of the commission, delivered an able address. The chief address of the occasion was delivered by IIon. William Lindsay, which was able, scholarly and eloquent.


John B. Dryden died August 6, 1906, in the 64th year of his age. He was Commissary Sergeant in the 9th Kentucky Cavalry, U. S. A., commanded by Col. R. T. Jacobs, in the Civil War. Several years prior to his death he became the editor and publisher of the "Sunday Call," which paper he afterwards enlarged and made an afternoon daily. He was a genial, clever gentleman who was esteemed by the people of Frankfort, and through his paper did much good for Frank- fort by advocating certain improvements. ITis persistent ef- forts along that line resulted in many permanent improve- ments in the city.


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The contest between ex-Governor J. C. W. Beckham and ex-Governor W. O. Bradley for the position of United States Senator was the main feature of Legislative session of 1908. On February 29 Governor Bradley was elected amidst great confusion.


The last issue of The Frankfort Roundabout was on Feb- ruary 29, and the first issue of the Frankfort Weekly News was on March 7, 1908.|


One of the most delightful banquets ever enjoyed by the people of Frankfort was given by the Young Men's Democratic Club on March 12th in honor of Governor J. C. W. Beckham. The toasts responded to were as follows: "The Public Servant," by Judge William Rogers Clay; "My Old Kentucky Home," by Hon. Harry Schobert; "Keep It Sweet," by Judge J. M. Benton ; "The House," by Representative W. A. Shanks; "The Senate," by Senator Frank Reeves; "Party Honor," by Repre- sentative George S. Willson. Governor Beckham made the closing address which was well received.


On March 16th John N. Crutcher passed way in his 78th year. He was a man of strong character and he contributed many articles to the papers. He was a practical jober. When he was a young man he and Dick Tate were frequently associ- ated in playing jokes on some one.


For many years prior to 1908 the White Burley Tobacco growers had been trying to secure a better price for their product. The American Tobacco Company had succeeded to a great extent in defeating them in their efforts. As a last re- sort the tobacco men agreed to "cut out" the 1908 crop and in their attempt to do so, some of their irresponsible followers took the law in their own hands and sent out some threatening letters, destroyed tobacco beds, burned barns and did other things of a lawless nature. In a short time they were known


as "The Night Riders." Governor Willson undertook to suppress them by patroling the militia through the county for several months. This increased rather than allayed the dis- order and on the night of May 22nd N. B. Hazelett was killed near the Shelby County line. A military company was in that neighborhood at the time and a large number of night riders


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were also out and terror reigned in the western section of the county. Walker Duncan, Riley Harrod and Hubert Kessler were charged with the killing and after the Governor had par- doned the defendants before the trial, the widow of Hazelett brought a suit for damages against the parties. Scott & Hamilton and the County Attorney of Shelby County repre- sented the plaintiff and Willis & Todd of Shelby County, and 1 .. F. Johnson of the local bar, represented the defendants. When the case was called for trial the defendants by their at- torneys filed an affidavit and made a motion for Judge R. L. Stout to vacate the bench and as a result of which the attorneys for the defense were ruled by the court to show cause why they should not be punished for contempt of court. When the re- sponse to same was filed the court held it was not sufficient and entered a fine of $30.00 against each of the three attorneys and ordered them to jail for thirty hours, but he afterwards set aside the jail part of the sentence. The fines were promptly paid. The Judge vacated the bench and the defendants escaped from the payment of any judgment against them.




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