Elizabethtown, Kentucky - History (part 5 of 5)

My Dear Old Friend : Will you permit me to come to the rescue ? "You know nothing of Henry P. Brodnax, and I never saw anybody that did." I pretend not to remember the date, but the first time I saw him, in the summer, he had on a coat made of white ribbed dimity. The skirts nearly touched the ground, the pockets were on the outside - white cassimere short breeches, knee buckles, silver with weighty sets, in pure glass, or like glass, very fine cotton stockings, hair powdered and tied behind, very light hair, light eyes and thin white skin, finely 'formed, and fully common sized man, always dressed neat, had some peculiarities if not eccentricities, rather holding himself above the commonality. He was made one of our circuit judges and settled in Russellville and for a time in Logan county in the country.

He became an active, zealous Cumberland Presbyterian, built a church at his own expense, on his own land, and was very active in the service of the church.

He had enemies and the house of worship was burned down. Eventually he joined the Old School Presbyterian church. He never married and by his will, as he had received nothing from his family, so he chose to will a large portion of his property to be devoted to the education of the needy, upward of twenty thousand ($20,000) dollars was appropriated to the Brodnax professorship in the Theological Seminary at Danville some time between the years of 1850 and i860.

I am inclined to thank the printer for skipping 13 lines, as it was the means of supplying me with items before I knew the Judge. My knowledge of him did not run back to the dimity coat and I lost sight of him before he left the Cumberland and joined the Old School Presbyterian and made them that liberal donation. I thank my old friend Hardin as it began and finished out the portrait of Judge Brodnax in handsome style.

Gabriel Johnson, Esq

was admitted to the bar in October, 1797. He lived in Louisville and ranked high among the profession, and I regret that I have not the means of taking a more extensive notice of him.

It is an old saying that a man can be judged by the company he keeps. In October, 1797, when Johnson was admitted to the same term with Governor Edwards, there was a suit pending in the Hardin Quarter Session Court, of Joseph Bamett's against Robert Baird's heirs, involving the title to lands in what is now Ohio and Daviess counties, and now worth a million dollars. Even then, at the low price of land, it was deemed of great importance and it was thought by the representatives of the parties that the greatest legal talent should be employed in an arbitration of the matters in suit, and accordingly Henry P. Brodnax, John Rowan, Felix Grundy, John Pope, Ninian Edwards and Gabriel Johnson were chosen as the arbitrators. They constitute the ablest body of referees ever appointed in Kentucky to decide a law suit. Indeed, they would have constituted a strong commission in settling the question between Prussia and France, and either of them would have made a fair president of the United States, as their after history has fully proven.

Samuel Brents, Esq

was a resident of Green county, Kentucky, was admitted to the bar April, 1800. He was a lawyer of considerable note, was frequently elected to represent his county in the Legislature of Kentucky, had an extensive and lucrative practice. He died of cholera at his home in Greensburg in the year 1832 or 1833.

Chapter Xlix Alexander Pope

He was a son of William Pope and a younger brother of Gov. John Pope. He was a well educated gentleman and a good lawyer and for many years was the prosecuting attorney for Hardin county.

He was highly social and companionable and of peculiar modesty - such as was not common to his profession, and of great amiability. But in early life he was seized with an incurable disease. With the hope of relief he visited Eastern cities and was informed by the ablest physicians that his was a hopeless case.

One of our most intelligent merchants accompanied him home from Philadelphia and found Mr. Pope, notwithstanding he looked upon his days as numbered, to be a social and agreeable traveling companion. On arriving at home at Louisville he patiently and pleasantly awaited his time without a murmur and passed away in the meridian of his manhood, at his residence, with his family and friends around him.

John W. Holt

was admitted to the bar in March, 1802. Mr. Holt settled in Elizabethtown and was one of our citizens for a few years. He was a quiet, unobtrusive gentleman and found that the practice of law did not suit his pacific disposition, retired from the practice and settled on the Ohio River, in Breckinridge, near Stephensport, and was for years a successful farmer. He lived and died in great tranquillity and was the father of Dr. Richard Holt and Thomas Holt, the latter now occupying the old homestead. He was also the father of Judge Advocate General Joseph Holt, of Washington city.

David Trimble Worden Pope, Esq

was sworn in as a practicing attorney at the bar of this county in October, 1803. He was born on Pope's Creek, Virginia, in the year 1772. His father was Benjamin Pope, brother of Wm. Pope, who also came to Kentucky with his family, and from the two brothers, Benjamin and William, sprang all the Pope family in Kentucky.

Worden Pope came to Kentucky with his father in the year 1779, and first settled in Louisville, but owing to its unhealthful condition and its water at that time, his father, believing that the land on Salt River was as good as Bear Grass land, and not having the remotest idea of the future city and its improved condition as to water and health, purchased land on Salt River and settled about a mile and a half below Shepherdsville, in Bullitt county. The farm is now owned and occupied by his grandson, Jas. Y. Pope.

Benjamin Pope established a ferry across Salt River at Shepherdsville and put his son, Worden Pope, of whom I now write, in charge of the ferry. While thus employed it chanced that the Hon. Stephen

Ormsby, who was then clerk of the Jefferson Circuit and County Courts, passed that way and was rowed across Salt River by young Worden Pope. Ormsby, who was afterward Circuit Judge and a member of Congress, was attracted by something about the young ferryman and drew him into conversation, and seeing at once that he had a mind far superior to common ferry boys told him that if he would come to Louisville he would make a man of him, and on reporting the conversation to his father consent was obtained for Worden to go to Louisville, and he determined at once to accept Mr. Ormsby's offer. But going to Louisville to live required a little outfit, or rigging out, and this was soon accomplished, and so arraying himself in a coonskin cap and a pair of buckskin moccasins and a pair of corduroy pants - I never ascertained to a certainty what supplied the place of coat, but it is most likely and almost certain that it was a dressed buckskin hunting shirt. And my preference is that it should have been so. Thus equipped, he footed it through the woods to Louisville. As the city was then a small town he soon found the clerk's office and commenced writing under Judge Ormsby, and from that day until the day of his death he was never idle, boy or man. I knew him for about 30 years and can testify that I never knew a man of more patient industry and constant application to business. In the year 1796 Judge Ormsby resigned the clerkship in both courts and Worden Pope was appointed and held both offices until 1834, when he resigned the Circuit Court clerkship and held on the County Court until his death, April 20, 1838. He was a regular practitioner at the bar in Elizabethtown and boarded with Major Ben Helm, the clerk, with whom I lived. His habit at Court time was to come to the office very night and, if not professionally engaged, would sit by me for hours and dictate the forms as I drew up the orders of court, and it was mainly to him that I was indebted for what clerical knowledge I possessed. He took considerable interest in me, for which I have always been thankful. He was a fine historian and when I received the appointment of clerk he urged upon me the necessity of reading, and particularly historical works, and furnished me a list which I purchased and have in my library to this day.

"On motion of the Hon. J. J. Marshall, the Hon. George M. Bibb was called to the chair, and on motion of Henry Pirtle, Garnet Duncan was appointed secretary, and the following preamble and resolutions were offered by the Hon. John Rowan (after announcing his death the preamble reads) :

"He came to Kentucky in the year 1779 and, after encountering the hardships and sharing the dangers incident to the condition of the country he availed himself of the limited means of education then accessible to inform his mind and qualify himself for future usefulness. Endowed by nature with a good constitution and a vigorous mind he improved the former by manly exercise and enriched the latter by zealous and unremitting devotion to the attainment of solid and useful information. Without the aid of a classical education he acquired a thorough and accurate knowledge of literature. He was not a man of showy or ornamental display. In the profession his strength was in the extent and accuracy of his knowledge and the soundness of his judgment. He was temperate in all his enjoyments, patient of labor and research in whatever he was engaged, benevolent and charitable in a high degree, or moral firmness and sincerity and friendship, his enmities were slow in forming and swift in fading; his manners were neither gracious nor repulsive ; he had an habitual aversion to artificial or fictitious mannerism ; his manners and morals were formed in the old school where the solid was preferred to the showy and where stimulated courtesies were rebutted by honesty and sincerity of sentiment. Influenced through life by sentiments of that school and the' inherent benevolence of his own heart and feelings, his powers and attachments were devoted more to the benefit of society than of himself. As clerk he was in a position to be consulted by the widow, the orphan and the indigent, and his knowledge of law enabled him to obey the kind impulses of his nature and beneficially to the applicants.

"Although he possessed the facilities for speculation beyond everybody else, he never touched it, so that it may be said of him emphatically he lived for others, not for himself.

He was a profound lawyer and perhaps one of the best lawyers in the State. He was engaged in the United States Court in Kentucky in one of the most important cases ever tried in the State. The whole of the city of Louisville and adjacent lands was involved, worth millions. In that case Judge Mills and Robert Wickliffe were the opposing counsel. He succeeded in the case. It was appealed from, but in consequence of Mr. Pope being very nearsighted by day and totally unable to see at night he was prevented from arguing the case at Washington.

He was personally devoted to, and intimate with the President, General Jackson. On the first election of General Jackson he offered Mr. Pope any appointment in his gift, but with his usual disinterestedness he declined by saying that he would be satisfied if Governor John Pope was promoted to the Supreme bench. He practiced law in the counties of Bullitt, Oldham, Hardin, Nelson and Meade.

Apologetic

Business of importance of public and private character over which I had no control has caused me to suspend my history from the 23rd day of March past. I hope in future to be more regular until I close.

He was born in Virginia in the year 1784 and there received his education. In his youth he was a little inclined to be wild ; he was fond of a gun, a chicken fight and a horse race. While but a youth he determined to come to Kentucky and so announced to his father. A consultation was held as to what should be his outfit. His father remarked,

"If I give you a negro you will sell him the first chance and spend the money you get for him; if I give you a horse you will bet him ofif at the first horse race you see, and if I give you a pocket full of money you will bet it off or give it away. You love a gun and would not part with that."

So it finally wound up by giving him a strong suit of clothes fitted for the woods, a gun with ammunition, a knapsack with a shirt or two, and other light fixings.

With a light heart he took leave of his many relatives and told them he would never come back until he was a member of Congress. So he footed it over the mountains and through forests, crossing many rivers, and his only companion was his trusty rifle, which for a great portion of the travels furnished his food.

He arrived at Bardstown, Kentucky, and there halted, being satisfied that was a good place for him, laid aside his gun and commenced the study of law under Judge Brodnax, and during the time of study fell in love with and married a daughter of Col. Andrew Hynes. Colonel Hynes was the founder of Elizabethtown, and the town was name in honor of his wife, Elizabeth Hynes.

Duvall, having sown his wild oats, devoted himself to his studies and soon commenced the practice of his profession. As no lawyer then resided in Elizabethtown, he was appointed county attorney of Hardin county and was a regular practitioner in the courts of the county until 1822.

In the year 181 2 he became candidate for Congress, and such was his general popularity that no one opposed him. He served in Congress in 1813-14. On his first trip to Washington he visited his relatives in Virginia for the first time after leaving there, thus verifying his promise that he never would return to Virginia until he came as a congressman.

In 1822 he was appointed governor of Florida by President Monroe, and was reappointed by Presidents Adams and Jackson. While attending court in Elizabethtown in 1810, 181 1 and 1812 he boarded at the house of Major Ben Helm, as also did Worden Pope and Fred W. S. Grayson. I was then a lad, acting under Major Ben Helm as deputy clerk, and sat at the same table, and it was a feast to listen to their pleasant conversation and sallies of wit.

Governor Duvall was the very life of the social company, always humorous and pleasant, and was a good parlor singer. He was, in fact, one of the most generous hearted, liberal men that I ever knew, and his house in Bardstown was the seat of hospitality. But in his advanced years he was not without his troubles. His two sons, Burr H. Duvall and John Duvall, were soldiers in the war between Texas and Mexico and belonged to the command of Colonel Fannin. That whole command were taken prisoners by the Mexicans. After detaining them two days they were marched out with a Mexican regiment by the side of them under the pretense they were to be removed to some other post. Two young Mexican officers who had been educated at St. Joseph College at Bardstown, and well acquainted with the young Duvalls and often enjoyed the hospitality of Governor Duvall, promised ample protection to the young men, but proved faithless. After they had marched out clear of the encampment they were halted in line and the Mexicans ordered to fire upon them. At the first fire nearly all of Fannin's men fell dead. Burr H. Duvall and Jefiferson Merrifield, also a Kentuckian, fell dead. About four hundred men were thus brutally massacred. As if by a miracle John Duvall was not hit, and he ran for life with a squad of Mexicans after him until they reached a river. John plunged in and swam across amidst a shower of musket balls, but escaped unwounded. He traveled several days without food and finally reached home.

At the same term William Watkins and' George Strauther were admitted to the bar. They continued but a short time, and I can give no satisfactory account of them.

Judge Henry Ravidge was admitted to the bar at April term, 1805. He did not continue long at the bar, but was promoted to the judicial bench in one of the lower circuits of the State. He was an amiable man of excellent character.

Hon. Ben Hardin

was admitted at the July term, 1805, being the twenty-first lawyer sworn in the court at Elizabethtown. He was born in \\^est Morland county, Pennsylvania, in the year 1784.

Mr. Hardin when a boy received his first lessons in education under Ichabod Radley, and then at Bardstown under Daniel Barry, an Irish linguist.

Barry was an irritable man and in a controversy with Gilpin, a silversmith, Gilpin killed him. After Barry was tried he removed to Hartford, now in Ohio county, and Mr. Hardin followed him to that place as the best chance then in Kentucky to obtain an education, at least a knowledge of the dead languages. Having completed his education, he commenced the study of law under Gen. Martin D. Hardin on the first day of April, 1804, at Richmond, in Madison county, Kentucky. At the April term of that court he became acquainted with William T. Barry, Samuel Woodson, George M. Bibb, John Pope and William Owsley.

According to Mr. Hardin's account of himself, he was humble and obscure. He had been an ambitious stiident and was of slender build, with very little flesh, so much so that his comrades called him "Tushy Works," but in after life when fortune smiled upon him he became stouter and exhibited quite an imposing appearance, his critics then respecting him, for which he was much gratified, and the friendships thus formed lasted until his death with Berry, Pope, Woodson and Bibb. Not so with Owsley. On April i, 1805, he returned to Bardstown and studied law under Felix Grundy. In June, 1806, he obtained his law license.

The fact that he commenced his law studies in April, 1804, acquired a thorough knowledge of ancient history, and laid the foundation for one of the most profound lawyers in Kentucky or elsewhere, got mar^ ried to a ^liss Barbour and removed to Elizabethtown and was sworn in as an attorney in July, 1806, is proof sufficient that he was a hard student.

Mr. Hardin resided in Elizabethtown not quite two years. A man named William Bray, Hying in the upper end of Hardin county, killed a man and was charged with murder. Some friends of the accused came to town and employed Mr. Hardin to defend Bray, and were free to inform him that they wished him to take charge of the case until the big lawyers came down from Bardstown. Those few words decided the case with Mr. Hardin. He went to his place of residence and told his wife to pack up with all speed and moved to Bardstown, for he never would be called a great lawyer until he did so, and before Bray was indicted at the spring term, 1808, Mr. Hardin was a resident of Bardstown, Kentucky, and remained so until his death.