Noman in Western Kentucky stands higher as a
citizen, lawyer, or student of literature and history than does Judge
Lucius P. Little. In "Ben Hardin, His Times and Contemporaries," published
in 1887, he wrote one of the best contributions ever printed bearing on
the history of Kentucky from 1784 to 1852. He now has in course of
preparation "Old Stories of Green River and Its People," which will appear
during 1914. I have read the manuscript, and am confident that this book
will take rank as one of the best written and most valuable histories of
any of those concerning any section of the State. Judge Little was born in
Calhoun February 15, 1838. He was graduated from the Law Department of
Cumberland University, Lebanon, Tennessee, in 1857, and in 1868 moved to
Owensboro, where he has since resided and where he has long stood at the
head of his fellow lawyers. From 1880 to 1893 he served as circuit judge.
He is a member of the Investigators' Club (Owensboro's literary and
historical club) and the Kentucky State Historical Society. The following
sketch was written by Judge Little in 1912, especially for this history.
"Riding the Circuit."
The custom of the old-time lawyers in Kentucky
of "riding the circuit" was almost coeval with the admission of the State
into the Federal Union, and continued to the end of the fifties. After the
Civil War ended, the increase of the local bar in numbers and in
reputation as practitioners caused the custom gradually to decline.
While the custom was in vogue, on the Sunday
before the beginning of a term of court the presiding judge, usually
accompanied by the prosecuting attorney and a retinue of lawyers more or
less numerous, mounted on horseback, might be seen entering the county
town, destined for the principal tavern, not unlike an unarmed troop of
cavalry. This might fitly be termed the "grand entry," and following it
there quickly gathered about the inn a respectable number of the principal
citizens, to greet the distinguished guests. After the first arrivals
others followed, in parties of twos or threes or one by one. By nightfall
the leading tavern was taxed to its utmost capacity.
The following morning, the first day of the
term, the courthouse bell was rung vigorously at eight o'clock, and
shortly thereafter the high sheriff proclaimed at the front door to the
listening world the thrilling shibboleth, usual on such occasions: "O yez!
O yez! The Circuit Court for Muhlenberg County is now in session! Let all
persons having business therein draw near and be heard! God save the
Commonwealth and this Honorable Court!" (This old preliminary formula has
fallen into disuse, and unfortunately a neglected Deity has not always
saved the Common wealth from the enemies of law and order or protected the
eminent judges who have presided over its courts.)
On entering the court room, all seats inside the
bar are largely found already occupied by the unprivileged classes. The
sheriff, however, gives the peremptory order that all persons not lawyers
and officers of court are requested to retire from the bar, which mandate
is quickly obeyed. Persons summoned as jurors and others (ready to be
summoned) seek seats in easy earshot of any call of their names. Parties,
witnesses, and mere lookers-on soon fill all remaining seats.
The judge has already taken what in legal
parlance is "the bench," but which in reality is an easy chair behind a
desk, which to the unsophistieated is strikingly like a pulpit. The clerk,
sheriff, and jailer betake themseives to their respective posts and to the
discharge of their several functions. At last the honorable court is
opened in due form, and those having business therein draw near and (as
opportunity offers) proceed to make themselves heard.
The particular term of court now to be mentioned
occurred in the year 1859, when Honorable Thomas C. Dabney was judge of
the district and Ed Campbell prosecuting attorney. The resident attorneys
at that time were Charles Eaves, Jonathan Short, Joseph Ricketts, John
Chapeze, B. E. Pittman, Edward R. Weir, sr., and Mortimer D. Hay. At the
head of this roll, by extent of practice, long experience, and profound
learning, easily stood Charles Eaves, then in the full vigor of manhood.
The youngest member, familiarly called "Mort" Hay, was tall and slender,
with a quick and bright mind, already giving assurance of the talents and
ability for which he was subsequently distinguished in a career terminated
by an untimely death. The visiting lawyers that term were Honorable B. L.
D. Guffy, of Morgantown, who was later to occupy a seat on the Court of
Appeals bench; Washington Ewing, of Russellville, sprung of a family
distinguished for its talents; H. G. Petree, Samuel Kennedy, and Francis
Bristow, from Elkton--and sometimes came also the latter's son Benjamin,
physically strong and burly and of striking appearance, but not so widely
distinguished then as to cause the subsequent inquiry, "Is there not good
presidential timber produced in Elkton?" From the Daviess County bar
answered John H. McHenry, sr., and William Anthony, both names very
familiar in the region at that day. McLean County was also represented by
two young lawyers who, having some business in court that term, were in
attendance. One of these was the late William T. Owen, afterward for two
terms circuit judge of his district. Each of these had secured two of
Culver's best rigs for the trip--not, as it may be well to explain, that
they necessarily required two separate conveyances for the thirty miles
from Calhoun to Greenville, but because each had had the good fortune to
secure as comrade for the journey two of the prettiest girls of that town.
It is recalled that, on the bright day they fared forth, the two young
gentlemen were arrayed in the height of the fashion of that time, but so
clad that they would be a sight to the beholders in these later days.
Picture them! Long hair, silk hats, swallow-tail coats, low-cut vests,
close-fitting trousers, and low-quarter shoes, with white hose! Neither in
that day nor at any time since, in Kentucky, has there ever been any
discount on a pretty girl because of her raiment, but on this day these
were charmingly gowned.
The weather was faultless, and the long, hot
lanes were fewer than now. For the most part the road on either side was
bordered by woodland, the scenery and fragrance of which would beggar the
language that might attempt to describe it. It is better to forget the
exquisite pleasure of such bright days in the dim light of the somberer
and quieter ones that came later. The road, at one point, wound by a
clearing where the timber had been cut away and the brush placed in piles
for burning later. There an incident occurred worthy of note. A
blacksnake, technically known as a "racer," six to seven feet in length,
was discovered in the road by Owen, who was in advance. His fair companion
expressed some girlish alarm, whereupon with becoming gallantry he leaped
from the buggy and with whip in hand lashed the "racer" as he fled out
through the clearing. After a chase of seventy-five yards the snake hid
himself in a brush-pile, and Owen, exhilarated by the exercise, started to
return. The snake, encouraged by the retreat of his pursuer, came forth,
and with head erect nearly two feet made a good second on the return,
although the young man did his best. Turning on the snake again and
hitting him whenever in reach, the race out through the clearing was
repeated, and the snake again sought refuge and again chased his pursuer.
This performance was kept up without variation until four or five heats
had been run. Meantime his traveling companion--secure from danger in the
buggy--and the occupants of the other vehicle, had laughed and wept and
laughed again. But Owen got excessively warm and was fairly outwinded,
while the "racer" showed a discouraging degree of "bottom." By finally
crawling into his buggy backwards, meanwhile demonstrating with his whip,
he managed to terminate the unequal contest. Docet hic fabula if a beau
wishes to show his mettle before the fair, he should beware of contests
with "racers."
In the soft twilight of the day the journey
ended. Having left their traveling companions with expectant friends, the
attorneys found lodging at Captain Bob Russell's somewhat overcrowded
hotel. The landlord was a large, portly man of fine presence, quite as
dignified as any of his distinguished guests, with all of whom he
maintained an easy familiarity. He carried a stout walking-cane as he
mingled with his lodgers, discharging the duties of hospitality. His
colloquial abilities were above the common, and he was not at loss
whatever the topie. His stores of incident and anecdote were
inexhaustible, and he gave his friends little opportunity for considering
whether the accommodations of the house might not be amended in certain
directions. He had honorably served his country in war and in peace in
former years, and was still a valuable man in that quarter to the
political party with which he affiliated.
The hotel building stood near the courthouse. It
was a low, two-storied affair, with a few bed-chambers and these in the
second story, but each large enough for three or four beds, and each bed
was designed to accommodate two persons. The writer recalls that when he
awoke at about four o'clock the first morning of his stay in Greenville,
he beheld a large, fleshy, elderly man engaged in shaving a large area of
fleshy face as with closed eyes he sat ponderously in a chair. (This was
before the era of safety razors.)
"Mr. McHenry, how can you shave without a
mirror?" inquired the freshly awakened young lawyer.
"I am not in the habit of using a mirror, and
can shave just as readily without one," was the answer.
It was fortunate in his case, as our room in
this respect was unfurnished, and the single candle in the bedroom
shedding a radiance somewhat uncertain. It was also a provident
arrangement of nature that morning that all the occupants of our chamber
did not care to arise and dress at the same time; that operation was
performed in detachments. The limited floor space forbade any other
course. There was no ceiling or plaster beneath, and because of this the
landlord was enabled with his cane to knock on our floor from time to
time, as a warning that breakfast was about ready. All embarrassments were
happily overcome, the morning meal dispatched, and the gentlemen of the
bar were ready in due time for the opening of court.
One of the important cases to be tried was that
of Arch Rutherford, charged with the murder of a man named Stark, in Todd
County. After being indicted in Todd the defendant had procured a change
of venue to Muhlenberg. The evidence in the case was circumstantial, and
while the circumstances had been comparatively few they had been
sufficient to lead to the conclusion on the part of the public
generally-that the accused was the guilty man, and that his motive had
been robbery. A twenty-dollar bill which had been paid to Stark the day
before the murder (which had occurred at night) was marked. It was found
in possession of Rutherford and identified by the man who had paid it to
Stark. The accused owned and was accustomed to ride a horse which, in
motion, made a peculiar noise known as "rattling of the sheath." It was in
proof at the trial that a horse making this peculiar noise was heard, on
the night of the murder, to pass through the town of Elkton from
Rutherford's residence, going in the direction of the place where Stark
resided, and also that a short time afterward the horse was heard
returning going toward defendant's residence. It was also made to appear
that, in passing and repassing through town, the horse had been ridden in
a gallop, and that next day he showed signs of having been recently hard
ridden.
Honorable Francis Bristow was chief counsel for
the accused. Mr. Campbell conducted the prosecution. The jury that tried
the case returned a verdict of guilty, and sentence of death was
pronounced. An appeal was prosecuted, and the judgment was reversed in the
Court of Appeals and the case remanded for a new trial. While awaiting
another trial the prisoner escaped from jail and was never afterward
apprehended. Tradition has it that he fled to Texas, and during a long
residence in that State accumulated considerable property and that he died
there, but the date of his death is unknown.
At the same term there was also pending a case
against S. P. Love, charged with killing Wesley M. Little at South
Carrollton on August 16, 1857. The circumstances of the killing were that
Love and Little, both residing in South Carrollton, became embroiled in a
personal difficulty growing out of polities. Little kept a hotel in the
town and was an active local politician. In a public speech he had
denounced a statement made by Love as untrue. Early one Sunday morning,
shortly afterward, Little, while standing alone in front of his hotel, was
instantly killed by a shot in the back, fired by some one in concealment
in the second story of a house across the street. Love was arrested and
indicted for murder. At the autumn term of 1859 the case was tried, but
the jury failed to agree. It was afterward continued from term to term
until the outbreak of the Civil War. Love, meantime, joined the Federal
army and during the war underwent final trial, which resulted in his
acquittal.
Over half a century has gone by since the term
of court herein referred to. More pages have been written in American
history in that interval than in all the preceding years since Columbus
first laid longing eyes on the palm trees of the West Indian island. In
very truth old times have passed away, and behold all things are become
new.
To one who saw Greenville and its people then,
there are many things he would miss if he looked for them now. The portly
and dignified landlord of Russell's Tavern has long slept in the silent
grave. The small, old-fashioned courthouse has been supplanted by a
stately edifice, the architectural graces of which entitle it to be called
the Temple of Justice. The gentle Dabney has long since ceased to preside
there, but has without fear answered the call of another Judge. Campbell,
the prosecutor, is no longer a terror to evildoers, but has received the
reward due a just man, and has claimed his right to be heard by that
merciful Advocate who pleads for us all. Charles Eaves, when he left this
world, took from it a store of legal knowledge possessed but rarely by any
lawyer of his day and generation. The amiable, kind-hearted Guffy went
through life doing his duty, dispensing good cheer among his friends, and
finally meekly bowed his head to the fate that awaits us all. Owen, after
marrying the pretty girl who had laughed so merrily at him in his contest
with the "racer," rounded out an honorable career, and at its end he and
she sleep well the last long sleep. Indeed, all the names here mentioned
have long been numbered with the silent hosts who now rest in eternal
peace.
Ancestry.com. A History of Muhlenberg County,
Kentucky [database on-line]. Provo, UT, USA: The Generations Network, Inc.,
2001. Original data: Rothert, Otto A. A History of Muhlenberg County.
Louisville, KY, USA: 1913.
Description: Compiled by Otto A.
Rothert, this book details some general information about the county, including
information on the local facilities. Family historians will find the wealth of
information on the first settlers of the county, and their decendents, most...
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