Franklin County, Kentucky - Chapter 15, 1912

Oh January the 18tb, 1900, Col. D. G. Colston of Middles- Ijoro, came to Frankfort as a witness before the Contest l^oard. He had gone to the Capital Hotel and was sitting near the front window in the oflice of the hotel, talking to some friends, when Lieutenant E. D. Scott came into the oflice 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 commenced firing at Scott. A young lawyer from Shelbyville by the name of L. D. Demaree was standing close and Scott immediately 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 Demaree'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 escai)e, attempted to run down the steps to the ba.sement 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. Demaree and Charles H. Julian, a wealthy citizen from Franklin County were dead and that Harry McEwing, O. D. Redr 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 scrape at Anniston, Alabama.

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

Col. Colston wa.s indicted by a Franklin County Grand Jury but on the trial of the case he claimed that Scott brought on the troul)le by following him and by commencing the fight. The Jury found him ''not guilty."

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 lie reached the city about an hour before Polsgrove shot and killed Williamson and wounded several other men, on the corner of Main and St. Clair streets, and he witnessed 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 before 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 exciting. 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 Democratic 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. Senator 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 repeatedly warned of his danger, notwithstanding which he attended 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 the 30tli, Col. Jack Cliinn from Mercer County, and Col. Eph Lillard from Franklin County were with him. When they reached the front o;ate of the old capital grounds, it was remarked that the usual crowd was not in front of the capital huilding. When they reached a point aljout fifty feet from the steps leadino; to the main Iniilding a shot was fired from the window in the Secretary, of State's ofiice which struck Senator Goebel in the right side, and went entirely through him and lodged in a hackherry 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 w^as 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 Democrats claimed that it was the greatest outrage ever perpetrated in a free count^^^ 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 w^as 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, Garnett b. Ripley. Harland Whittaker, Richard Combs, Zack Steele and Frank Cecil, charging that all of them were implicated in the murder. The Republicans openly charged that the defendants could not get a fair trial in Franklin Coimty. Caleb Powers and .Henry Youtsey were granted a change of venue to Scott County. Capt. Garnett D. Ripley was tried at the April term, 1901. He was the first one of the defendants 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 intelligent 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 Ijrought 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 cons])iracy. 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, ])ut was pardoned by Governor A. E. Willson. Caleb Powers also had three convictions 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 pardoned W. S. Taylor, Clias. Finley, John L. Powers, Harla.nd Whittaker, John W. Davis and Zack Steele.

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

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 occju^ion.

The election of county oilicers in 1902 resulted as follows: .J. H. Polsgrove, Judge; Jamas Buford, Attorney; A. G. Jeffers, Sheriff; Brose Quarles, Assessor, who died in office and K. 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 jn 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. He wa.s l)orn in Frankfort in the year 1822, and was educated by B. B. Sayre and at Union College. He studied law under the instruction 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 185{) he was elected Commonwealth's Attorney, and in 1870 he was elected Circuit Judge, and wa.s 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 conuncnccd the final contest for an adequate appropriation for a new capital building and which meant a permanent location of the capital at Frankfort.

agree for the other to have it. The Senator from the Frankfort senatorial district and the Representative-elect with sixteen prominent citizens of the city and county composed a committee which took charge of the contest. Under the supervision 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 prominent citizens from all parts of the State in "The Capital Question."

The Legislature convened January 5th, 1904, and on January the 12th the Representative from Franklin County introduced 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 government. When the measure came up for passage there was only one dissenting vote in the House and with like unanimity 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. Beckham to call an extra session of the T^egislature in 1905 in order that the site might be changed.

On November 15, 1904 a primary election for county officers was held. A nomination at that time was equivalent to an election. The nominations resulted as follows: J. H. Polsgrove, County Judge; F. M. Dailey, Attorney; R. C. Hieatt, Sheriff; W. H. Hawkins, Assessor; E. R. Jones, School Commissioner; J. W. Bridges, Jailer and L. F. Johnson, for Representative. The contest for Representative was probably the fiercest struggle ever had for any po.'^ition in Franklin County. The successful candidate won by only four votes from his competitor. Col. E. XL Taylor, Jr. Col. Taylor contested the nomination and took the case to the Court of Appeals twice before 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 war horse of local politics." Doubtless the cause of his defeat was his announcement in tlic 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 November, 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 impro\'ement of public buildings at Frankfort than was spent by the State for that purpose during it'* 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 penitentiary at Frankfort: twenty thousand for the Colored Normal School; twenty thousand for the Feel)le Minded Institute; twenty thousand for the William Goeljel monument; two thousand for repairs on the Boone monument, and five thousand per 3'ear for the collection of relics for the Historical Society.

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

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 representative of the commission, delivered an al)le address. The chief address of the occasion was delivered by Hon. William Lindsay, which was able, scholarlj^ and eloquent.

John B. Dryden died August 6, 1906, in the 64th year of his age. Lie 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 Frankfort by advocating certain improvements. His persistent efforts along that line resulted in many permanent improvements in the city.

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.

One of the most delightful Ijanquets ever enjoyed by the people of Frankfort was given by the Young iMen'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 Representative 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 contriljuted many articles to the papers. He was a practical jober. AVhen he was a young man he and Dick Tate were frequently associated in playing jokes on some one.

For many years prior to 1908 the White Burley Tobacco gTowers had been trying to secure a Ijctter price for their product. The American Tobacco Company had succeeded to a great extent in defeating them in their efforts. As a last resort the tobacco men agreed to "cut out" the 1908 crop and in their attempt to do so, some of their irresponsible follov>'ers 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 disorder and on the night of May 22nd N. B. Hazelctt was killed near the Shelby County line. A military company was in that neighborhood at the time and a large number of night riders wore al.<() out and terror reigned in the western section of the county. A\'alker Dunean, Kiley llarrod and Hubert Kessler were charged with the kiUing and after the Governor had pardoned the defendant.^ before the trial, the widow of Ilazelett brought a suit for damages against the parties. Scott & Hamilton and the County Attorney of Shelby County represented the plaintiff and Willis & Todd of Shelby County, and L. F. Johnson of the local bar, represented the defendants. When the case was called for trial the defendants by their attorney's filed an aflidavit 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 response to same was filed the court held it was not sufHcient and entered a fine of $80.00 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.

In the month of November Capt. L. II. Finnell, a veteran of the Union Army, shot himself through the head, causing instant death. On the same day Mrs. John Leitner, who lived at Thorn Hill, murdered her two little children, aged eight and six years, and then killed herself. Her husband had been drinking for some time and hopeless poverty seemed to have prompted the killing.

A persistent rumor of graft in county affairs prompted an investigation. A committee of citizens composed of Gen. D. W. Lindsey, Geo. B. Harper, Sidney Bedford, R. C. Hieatt and Rev. C. R. Hudson selected the expert accountant to investigate the county Ijooks. On September 29th, 1909, the report was made showing the financial condition of the county, in which report it was stated that $7,507.82 had been paid into the county treasury by rea.-^on of the investigation and that there still remained due and unpaid a balance of $4,27G.71 from former officials of the county.

The county officials elected in the year 1908 were as follows: R. C. Hieatt, County Judge; Ben Marshall, Circuit Clerk, Crawford Lee, County Clerk; Wiley Marshall, County Attorney; M. B, Lucas, Jailer; Lee Buckley, Sheriff, and Harrison Lee, Assessor. The Magistrates elected for the county were Hiram Stafford, George W. Johnson, Nick Sullivan, R. L. Wiley and James Waldner.

On April 30th, 1909, great damage was done by a storm of wind and rain, fences were blown down, outhouses and stables were destroyed, the roofs on several warehouses of the O. F. C. Distillery were blown off and property in all sections of the county greatly damaged. The government gauge at the Custom House showed that in seven hours two and sixty-two one hundredths inches of rain fell. Elkhorn Creek rose about fourteen feet and the Kentucky river about five feet in that time.

On June 2nd Howe's Show was exhibited in Frankfort and during the evening exhibition a negro by the name of John Maxey, shot and dangerously wounded Bert Bowers, who was in some way connected with the show. About two o'clock the next morning Maxey was taken from the jail to the St. Clair street bridge and hung by a mob. During the promiscuous shooting which followed the hanging a young man by the name of R. J. Weindel was dangerously but not fatally wounded.

During this year the Louisville & Nashville Railroad Company purchased the Highland Road and extended the line to Versailles and there connected with the L. & E. which runs to the mountains of Eastern Kentucky.

On September 4th, during the military encampment at Lake Park, there was a battle between some soldiers and citizens, in the lower part of the city known as "Craw," in which two men were killed and three others wounded. Sergeant Ingram Tate and Jeff Cook, a civilian, were killed and Wm. Nickles, Alex McNally and Ed Miller were wounded. The fight took place at Ilowser's saloon. It commenced in the house but the soldiers left the saloon and about fifty of them congregated on the outside, some had revolvers and others rifles. The citizens took refuge in the upstairs rooms and a great many shots were liretl by each side; the building and tlie furniture were ahnost completely demolished. This battle brought on a crusade against allowing saloons in Craw. The ultimate outcome of which was the discontinuing of saloons in that section of the city.

Senator William Lindsay died at his home in Frankforton October 15, 1909. lie was born in Virginia on the 4th of September, 1835, and was educated in the common schools of Virginia. At the age of eighteen he began the study of law and in 1854 he moved to Hickman County, Kentucky, and taught school for several years. In 1858 he was admitted to the bar and commenced the practice, of law at Clinton. In the Civil War he enlisted as a private but he soon became Captain of his company and later in the service became a member of General Forrest's staff. After the war he came back to Hickman and was elected to represent his district in the State Senate in 1867, and in 1870 he was elected a member of the Court of Appeals. He served eight years on the Court of Appeals bench. The last two he was chief justice. In 1877 he resumed the practice of law^ at Frankfort. In 1890 he was sent to the State Senate from Franklin County and in 1893 he was elected United States Senator to fill out the unexpired term of John G. Carlisle and in 1894 was re-elected for a full term. He filled various positions, by appointment from the President of the United States. Judge Lindsay was. a leader of men and he was considered one of the greatest of men. He was one of the greatest lawyers this republic has produced. He was broad shouldered and broad minded. He was almost a giant in statue and he was full grown giant in intellect. He was remarkal)le for his simplicity and directness. He was round-headed, smooth-shaved, awkward in gesture, talked very loud when making a public speech; he lost some of his teeth during the latter part of his life which caused a considerable impediment in his speech ; he was a portly, handsome man with brown eyes and dark hair. He was a great Judge, a statesman and a patriot.

a practitioner at the Frankfort bar for about thirty-five years, about twenty years of whicli he was cliief clerk of the State Senate. He was a true friend and a good lawyer. His memor}' and power of endurance were marvelous.

The body of Arthur Goebel, who died in Phoenix, Arizona, arrived at Frankfort, January 31st, 1910, and was laid to rest by the side of his distinguished brother, in the Frankfort cemetery. On the tenth anniversary of William Goebel's deatli a handsome monument of marble and bronze typifying him as the orator defending the rights of the great common people, was unveiled in the presence of a large crowd. Senator James B. McCreary and Justus Goebel, brother of the dead Governor, were the orators of the occasion. Ex-Governor J. C. W. Beckham, as master of ceremonies, made some appropriate remarks and introduced the speakers. The statue is of bronze and it is a good likeness of the dead statesman ; it was paid for by popular subscription.

On February the 21st, one of the city street cars collided with an interurban car. The wreck was caused by a dense fog; the result was that several people w^ere severely injured. The motorman, Owen Graves, was so severely injured that he died from the effects of the injuries.

On March the 21st, Roger Warren, a negro convict in the Frankfort penitentiary, sent from Louisville for murder, cut the. throat of Melvin Ratcliff, another convict, and from the effects of which Ratcliff died. Warren was tried in the Franklin Circuit Court and convicted of murder and the punishment fixed at death. The case was appealed and the highest court affirmed the decision. The Governor fixed the 25th of May, 1911, as the day for execution. On that day the Sheriff, Lee Buckley, and his deputies promptly executed the judgment.

Warren was the last man hung under the old law and Charles Howard, convicted in Franklin County for the murder of Ed Rice was the first man sent to the Eddyvillc penitentiary for electrocution, under the new law.

Thursday, May 26, 1910, the restored Daniel Boone monument was formally unveiled. The w'omen of the Rebecca Bryan Boone Chapter of the D. A. R. started a movement to raise sufficient funds to restore the monument to its original beauty and after many years they raised seven hundred dollars, and the State Legislature appropriated two thousand dollars. A large crowd was present and participated in the ceremonies. The new panels were made by Leopold Fettroheirs, of Cincinnati; the material used was Italian marble. The panels were an exact reproduction of the old panels.

On June the 2nd the new State capitol was dedicated. A number of distinguished people were present. Gilbert White, the artist who painted the lunettes in the capitol, with his attractive young wife was there. United States Senator, W. O. Bradley, wa.s chief orator of the day. There was some political bickerings and much dissatisfaction. A change in the State administration had placed the Republicans in office. The general idea prevailed that the programme had been arranged and the ceremonies controlled by a few Frankfort sycophants and parasites who had nothing to do with the erection of the building and who were not in sympathy with those who did. One enjoyable part of the day's proceedings was the reunion of the Kentucky Military Institute Cadets at the old K. M. I., six miles from Frankfort. Addresses were made by Dr. William Bailey, Judge W. G. Deering and Col. W. B. Haldeman of Louisville, and Col. C. W. Fowler from the new K. ^L I. Dr. U. V. Williams and other Franklin County citizens, who had been students there, responded to toasts on that occasion.

The Governors of twenty-three states met in conference at the new State capitol on the 29th of November; most of them brought their wives with them. The names of the executives who were present are as follows: Gov.-elect Emmett O'Neal, of Alabama; Richard E. Sloan, of Arizona; John F. Shafroth, of Colorado; Frank R. Weeks, of Connecticut; Joseph ]\L Brown, of Georgia; Charles S. Dineen, of Illinois; Thomas R. Marshall, of Indiana, Augustus E. Willson, of Kentucky ; Frederick W. Plaisted, of Maine, Eben S. Draper, of Ma.ssachusett'^ ; Edmond F. Noel, of Mississippi; Herbert S. Hadley, of Missouri; Edwin L. Norris, of Montana; John Franklin Fort, of New Jersey ; Woodrow Wilson, Gov-elect of New Jersey ; W. W. Kitchin, of North Carolina; Judson Harmon, of Ohio; Lee

Cruce, of Oklahoma; Abraham J. Prather, of Rhode Ishand; M. F. Ansel, of South Carolina; R. S. Veesey, of South Dakota; William Spry, of Utah; William Hodges Mann, of Virginia, and Francis E. McGovern, of Wisconsin.

The meeting of the Governors was of great interest to the general public and many people from all sections of the State were in Frankfort to see them.

The white population in 1900 was 16,501 ; colored was 4,- 343. The white population in 1910 was 17,389; colored was 3,746. The increase in white population in ten years was 888 and the decrease in colored population same time was 597.