Muhlenberg County, Kentucky - The whole text, 1913 (part 13 of 13)
From A History of Muhlenberg County : with More Than Two Hundred Illustrations and a Complete Index, published 1913. 5,871 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
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5,871 wordsMachine-read from scans of A History of Muhlenberg County : with More Than Two Hundred Illustrations and a Complete Index, published 1913. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
The ridge roa<l I had taken had placed us far in advance of the hound who.se bay I could now hear. The struggles of the furious animal had become dreadful, and every moment I could feel his sharp hoofs cutting deep into my flesh; and yet 1 relimiuished not my hold. The struggle had brought us near a deep ditch, washed by the heavy fall rains, and into this I endeavored to force my adversjiry ; but my .strength was unecpial to the effort. When we approached the very brink he leaped over the drain: 1 relinquished my hold and rolled in, hoping thus to eseape him. But he returned to the attack, and throwing himself upon me, inflicted numerous severe cuts u])on my face and breast before I could again seize him. Locking m.v arms around his antlers, I drew his lu-ad close to my brea.st, and was thus, by a great effort, enabh-d to prevent his doing me any serious injury. But I felt that this could not last long; every muscle and fibre of my frame was called into action and human nature could not long bear up under such exertion. Faltering a silent prayer to Heaven, I prepared to meet my fate.
At the moment of despair I heard the faint hayings of the hound. The stag, too, heanl the sound, and springing from the ditch, drew me with him. llis efforts were now redoubled and I could scarcely cling to him. Yet that hles.s<'d sound came nearer and nearer! O how wildly Iwat my heart, as I saw the hound emerge from the ravine and spring forwartl. with short (|uiek bark, as bis eyes n»sted on his game. 1 relen.sed my hold of the stag, who turned upon this new enemy. Exhau.sted and unable to rise, I .still cheered the dog, that dastard-like fled before the infuriated animal, who, .seemingly ilespising such an enemy, again threw himself uiwn me. Again did I succeed in throwing my arms around his antlers, but not until he had inflicted several deep and dangerous wounds uimn my head and face, cutting to the very bone.
Blinded by the flowing blood, exhauslisl and despairing, I cursed the coward dog, who stood near, baying furiously, yet refusing to seize his game. 0 how I prayed for Bravo! The thoughts of death were bitter. To die thus, in the wild fore.st, alone, with none fo help! Thoughts of home and friends coursed like lightning through my brain. 'Fhat moment of desperation, when hop<' itself had Hed, deep and clear, over the neighhoring hill, came the hay of my gallant Itravo! 1 .should have known his voice among a thousand! 1 pealed forth, in one faint shout, "On, Bravo! on!" The next moment, with tigerlike hounds, the noble dog came leaping down the declivity, scattering the dried autumnal leaves like a whirlwind in its path. "No [>ausc he knew," but fixing his fangs in the stag's throat, at once commenced the struggle,
I fell back completely exhausted. Blinded with blood, I only knew that a terrific .struggle was going on. In a few moments all was still, and I felt the warm breath of my faithful dog as he licked my wound.s. Clearing my eyes from gore, 1 saw my late adversary dead at my feet; and Bravo, "my own Bravo," as the heroine of a modern novel would say, standing over me. lie yet bore around his neck a fragment of the rope with which I had tied him. He had gnawed it in two, and following his master through all his wanderings, arrived in time to rescue him from a horrible death.
jiart of Muhlenberg County which continued for more than two years. Mark Duvall claimed he had found silver ore in the hills of his neighlwrhood. Mark Duvall was a son of Benjamin Duvall, an old settler who lived ahout six miles west of Greenville. Benjamin Duvall was the father of Howard, JIark, and Benjamin Duvall, jr., or "'Dark}'," as he was commonly called.
Mark Duvall when a young man learned the tanner's trade under John Camphell of Greenville, who conducted a tannery near where the Green ville Milling Company's planing mill is now located. Mark had also devoted .some time to the .study of chemistry and mineralogy, and had become a good tanner. After remaining with Camphell for a few years he married and located near his father's farm, on which was a good running spring. There Mark established a tanyard of his own, which was well iiatronized. Mark was a (piiet, sober, and well-liked man, and had the full confidence of all who knew him. In fact, the Duvall family stood high in the community.
There were about four hundred acres of hilly land lying east of Jarrell's Creek, all of which was owned by Benjamin Duvall and his neighbors. In the spring of 1851 Mark Duvall reported that he had discovered the existence of silver ore in this hilly section. lie would not point out any particular spot where silver could be found, but declared that rich veins of it occurred throughout these hills. The |iroclamation of this news was very encouraging to those who owned the hills. Steps were at once taken and prospecting commenced, and soon the digging of holes and pits was carried on in earnest. As the news of the great silver discovery spread, prospecting extendeil until everybody in the western part of the county was on the lookout for ore, and in a short time the whole county was more or less inter(*sted.
This was only a few years after the excitement of the Buckner and Churchill Iron Works had subsided. Some peojile .seemed to take a great interest in the matter, while others .scout»d the idea. Secret invi*stigations were conducted in ijifferent parts of the county, but the inve.stigations made among the hills were boldly carried on with greater a.s.surance. Several of the moneyed men of Greenville became interc.sted in tbe silver project and made arrangements to become partnei-s with tho.se owning the hills and to furnish means for a thorough investigation of the matter.
hoen mined by the landowners. Different kinds of rock had been dug up; some limestone, some iron ore, and a blue sandstone which sparkled with particles of mica, and was considered the richest and most plentiful of the "silver" ore.
Duvall had a novel way of extracting silver from this blue sandstone. He used a deep iron bowl with a long handle attached. It was simply a large ladle. Nearly every family owned a similar small ladle, which they u.sed in those days for melting lead to make bullets for hunting purposes.
During the first year of the silver excitement Duvall would have the different parties who were digging beat up .some of their ore, and he would take his big ladle, go to their bouses, and make a "run" for them. These "runs" were usually made at night. After a hot wood tire was started Duvall would fill his big ladle with the powdered ore and place it on the fire. He would then ]nit n fiux of soap and liorax in the ladle to "increase the heat" and "help extract the metal." As a general thing there would be a gathering of neighbors to witness the "run." After the onr had becom(' nsl-hot, Duvall would add some "nitric and sulphuric acid," which would .s(M>n disappear, and Duvall would say, "She has done her do!" He would next carry the ladle out doors, to cool off, and after it had cooled sufficiently a search woidd te made for silver. Small shots of metal would lie found and selected out of the ore that hail bt'cn heated, and much re.joicing would take place.
The next day digging would be re.sumed with more earnestness. After a while the natives tried to extract the silver from the ore themsclve,s. They procured crucibles, small earthen melting pots, and would try to melt out the silver. Hut none was sucee.ssful in getting out any metal unb-ss Duvall haiipened to a.ssi.st in making the "run." This was discouraging, and the experimenters would ask Duvall, "Why is it that we can not obtain the metal like .vou dot" He would answer that if they had good acids like his they could get metal.
Some one procured a mouth blow pipe from 1'iofes.sor Donaldson, who was teaching school in the old brick college on Cherr.v Street in (Ireenville. With this instrument they attempted to test the richne.ss of the on-. But with all their blowing they failed to "blow out" an.v silver.
On one occasion some (Ireenville men, wlio were interested in the project, went out to the Silver Hills to assist in trying to make a "run," but they failed to get an.v metal, although they made a thorough search after the ore had been put through a "run." The next morning Duvall, hearing of the unsucee.ssful "run," went over to the neighbor's house where it had been attempted. They told him that they had failed to get metal. The.v showed Duvall where they had poured the meltc<l ore on the grounil and had searched for the silver. Duvall began an examination, and found small shots of metal where they had failed to see any. A num her of the others again investigated and they also found .some shining shot, and cver.v man present dcelared that after all it was a good "run." The parties from Greenville returned in good spirits.
After the news of the "silver di.seovery" had s|)read into other counties, rptite a number of the citizens of the neighboring counties visited Silver
Hills. Among tlicsc visitors were export "metal witches," who claimed they could locate any rich veias of metal. These "metal witches" would take a forked stick or small rod, like those used by "water witches," and "locate" veins of silver as easily ns a "water witch" could locate a vein of water.
I recall a man named Culbertson, who wore trousers that did not reach his shoetops, and were therefore called "highwater pants." lie carried a small, greasy bag, filled with various kinds of ores. He used a short hickory stick, split at one end. In order to find a vein of any particular metal he would jilace a piece of that kind of ore in the split end of the stick. With this loaded "metal-rod" he would walk over the hills and shake it around at arm's length and in every direction. If the ore that exi.sted in the ground was the same as the ore in his split rod, then, he claimed, the attraction became so great that it jerked his arm like a fish.
John Vickers, who lived between Sacramento and Rumsey, was one of the great water and metal "witches" of his day. He was elected to the l/cgislature in 1848, went to California in 1849 when the gold fever broke out there, but returned to Muhlenberg in the fall of 1851 in time to a.ssist Duvall in trying to convince the people that silver existed in the region of Jarrell's Creek. He claimed that he had found many silver veins with the assistance of his rod. He told the people that one day, while sitting in his house in Sacramento, he located, with his hickory rod, a rich gold vein in California, and that he had written to some of his relatives in that State to take pos.se.ssion of it until he could get there. He said that an abundance of silver undoubtedly exi.sted in the Muhlenberg hills. His statements added luster and vigor to the project.
The various "water witches" became expert "silver witches," and "located" many rich veins throughout the neighborhood. There were several old women who followed telling fortunes with coffee-grounds. 'I'liey also tried their skill on the silver question by "turning the cup," as they called it. They put some coffee-grounds into a cu]i with a little coffee and turned the cup around very rapidly, shook it, and then turned the cup upside down in the saucer. They would let the inverted cup remain in that position a few minutes, and then pick it up and examine the position of the grounds that still adhered to the sides. From the arrangement of the grounds they could tell whether the prospects were "clear" or "cloudy." If there was a cl(>ar space down the side of the cup it indicated "good luck" and "go ahead." If the side of the cup was clouded with grounds it foretold "bad luck" and "look out."
The rod was considered the most reliable way of determining the presence of silver ore. The ".silver witch" in using the rod could answer (piestions with a "yes" or "no." The nodding up and down of the rod was for "yes" and the horizontal movement for "no." There was great confidence placed in the.se indications made by the rod.
As a general thing the people in the county had but little knowledge of mineralogy, metallurgy, or chemistry. Doctor \V. II. Yost was considered the most competent man in Muhlenlmrg to make a test of the metal. After an examination he pronounced it tin. Howard Duvall, a brother of JIark, melted a silver dime and took it to Doetor Yost for analysis, who declared that it also was tin. The result was that the prospectors lost faith in Doetor Yost's knowledge of metals.
After Doetor Yost had maile his tests it was thouprlit la-.st by the leaders of the silver entliusia.sts to have the ore and metal analyzed by experienced chemists and mineralogists, for no one excei>t .Mark Duvall had succeeded in getting any metal from the blue sandstone which hail been dug out of Silver Hills. meeting was held by parties interested in the jiroject. (feorge W. Short, of Greenville, together with Duvall, was delegated to take .some of the ore and metal that Duvall claimed to have extracted by the use of his iron ladle and a wood fire, and go to Cincinnati to an experienced a.ssayer and have Imth rock and metal tested. This they did. The chemist stated that the so-called "silver'' was a mixture of metals, and declared that it could not possibly have come out of the .sand rock, for the rock contained no metal of any kind. Duvall argueil that it did. So Short and Duvall left Cincinnati without any eneouragenient. Soon after this. Short lost all eonfideiiee in the silver business and withdrew his support and influence.
In sjiite of this set-back, much interest was .still manifesletl by many of the owners of the so-called Silver Hills. Jtabney A. Martin, a merchant and tobacconist of (ireeiiville. wanted another test made. So wlu-n he went to Philadcljihia after goods he took with him some of the blue .sandstone and the metal that Duvall claimed to have "run" from the rock, ami had them te.sted by chemists there. They also told him that the "silver" was a mixture of metals, and that it had not come out of the nick. In the fall of 1852, when Dabni-y Martin went to Ktirope on tobacco business, he took some of the ore amt metal to KnglamI and had them anal.vzed in l/ondon. The chemists there likewise reported that the metal was a mixture and that it had not come out of the .sand rock. This was another damper on the silver exeitenu'nt. Martin, like Short, lost confidence in the silver situation.
However, Duvall keiit "running" out the metal with his .-riieibli*s ami iron ladle. On one occasion Duvall made a big "run" in an iron kettle over a wood fin*. He extracted about five jmiinds of -'silver." Nevertheless, doubt and distrust increa.sed almut Duvall's sincerity. He was aecu.sed of being a fakir and a fraud. After Duvall had made his five-pound "run," Yiekers, who frequently prospeeteil in Silver Hills, tissk Duvall's five-pound "run" and some of the blue .sandstone silver ore, .saying he would take them to New York and have them as.sayed there. Yickei-s left, but returned in about a month. He reimrfed that tlu' New V'ork chemist, like all the other professional chemists, pronounced the "silver" a mixture of metals, and .said that it had not come out of the sand rock. He explained that they rolled the metal into sheets for him. These he exhibited, and gave to all those who were interested in the silver question a small sheet of what lookeil very much like tinfoil, which it lu'obably was. Vickers left Silver Hills and was never seen in that neighborhooil again. It was afterward claimed that he did not taki- the metal and ort* any farther than his home in McDean County.
Duvall proposed to the people that if they would construct a furnace he would show them that he was no fakir. So the neighbors joined in and built a small furnace near his tanyard. It was only nine feet high, and therefore a great deal smaller than Buckner's iron furnace on Pond Creek. When the silver furnace was finished and ready for action the neighbors gathered to see the silver "run." Duvall was watched very closely. After the smelter had been in operation two days and very little metal had been obtained, Duvall declared the furnace had not been properly constructed. Men who had lost confidence in his work did not he.sitate to tell him so to his face. This resulted in a fight at the furnace, and the place was abandoned. The stone oven stood for several years, and was always known as Duvall's Silver Stack.
About the time the furnace was abandoned, Duvall elaimeil he had received letters telling him that unless he left the county he would be killed. Duvall decided it would not be safe for him to remain in the county, and therefore left. However, he always insi.sted that the hills he had explored were full of silver and woiihl be opened up some day. Just before he moved to Ohio County, he reipiested three men of the neighborhood to meet him at a certain place in Silver Hills. After they met, he led them to the head of a deep hollow and there <lug up several ))ieees of metal, which he carried back home with him. No questions were asked by any one of these men, but Iheir eyes were opened; the tale was told, and the silver excitement was .soon over.
The secret of all this silver excitement, which lasted for about two years, was well planned anil manipulated by Mark Duvall, for what purpose no one can tell, unless it was to sell his father's land at a high price.
In the early history of the county, pewter utensils were used for domestic jiurposes. Pewter bowls, plates, pans, etc., of the early days had gone out of u.se at this period. The best quality of pewter - called also "white metal" - was made of tin hardened with copjier. The cheap grade was made of lead, alloyed with antimony and bismuth. Duvall had secured some of the.se old pewter ves.sels, cut them up, and hidden them away for use in working the silver trick. Duvall was aware of the fact that his neighbors knew nothing about ores of any kind. lie made his "silver runs" in his iron ladle on a wood fire, which in itself was absurd, lie made these "silver runs" by dis.solving a piece of pewter in acid. He would pour this solution on the hot crushed rock iu the ladle. The acid would soon be consumed and the metal would remain in the ladle with the crushed rock, and when cooled off the metal would he formed into small shot and could be picked out. This would occur no matter what kind of rock might be used.
Mark Duvall moved to Ohio County, where he studied medicine and lived to a good old age, but as far as is known he never "discovered" any silver in that county.
NO MAN in Western Kentucky stands hipher as a citizen, lavs-yer, or student of literature and history than does Judge Lucius P. Little. In ''Hen Hardin, His Times and ('ontemporaries, " 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 Oreeii 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 liest written and mo.st valuable hi.stories of any of those concerning any section of the State. Judge Little was l)orn in Calhoun February 15, 18.'J8. He was graduated from the Law Department of Cumberland University, Lebanon, Tcnnes,sec, in 1857, and in 1868 moved to Owenslioro, where he has sinei' n»sided and where he has long stood at the head of his fellow lawyers. From 1880 to 189-3 he served as circuit judge. He is a member of the Investigators' Club (OwenslM)ro'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.
The cu.stom of the old-time lawyers in Kentucky of ''riding the circuit" was almost coeval with the admis-sion 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 d(>eline.
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.
sheriflf proclaimed at the front door to tlie listening world the thrilling shibholeth. usual on such occasions; "0 yez! O yez! The Circuit Court for Muhlenberg County is now in session ! Let all persons having business therein draw near and Ite 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 Commonwealth from the enemies of law and order or protected the eminent judges who have presided over its courts.)
On entering the court room, all scats inside the bar are largely found already occupied by the unprivileged cla.sses. The sherilT, however, gives the peremptory order that all persons not lawyers and officers of court are requested to retire from the bar, whieh mandate is quickly obeyed. Persons summoned as jurors and others (ready to be summoned) seek seats in ea.sy earshot of any call of their names. Parties, witni>sses, and mere lookers-on .soon fill all remaining seats.
The judge has already taken what in legal i>arlanee is "the bench," but whieh in reality is an easy chair behind a desk, which to the unsoidiistieated is strikingly like a pulpit. The clerk, sheriff, and jailer betake theinsehi's 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 busine.ss therein draw near and (as opportunity offers) proceed to make them.selves heard.
The particular term of court now to be mentioned occurred in the year 1859, when Honorable Thomas C. Dabney was jtidge of the district and Kd Campbell prosecuting attorney. The resident attorneys at that time were Charles Kaves, Jonathan Short, Joseph Ricketts, John Chapeze, H. B. Pittman, Kdward R. Weir, sr., and Mortimer D. Hay. At the head of this roll, by e.xtent of practice, long experience, and profound learning, easily stood Charles Kaves, 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 a.ssuranee of the talents and ability for whicb he was subsequently distinguished in a career terminated by an untimely death. The visiting lawyers that term were Honorable H. L. D. Guffy, of Morgantown, wbo was later to occupy a seat on the Court of Appeals bench; Washington Kwing, of Kus-sellville, sprung of a family distinguislusl for its talents; II. G. Petree, Samuel Kenmsly, and Francis Bristow, from KIkton - and .sometiimjs came also the latter's son Benjamin, physically strong and burly and of striking npi>earanee, but not .so widely distinguished then as to cause the subse<pient itiquiry, "Is there not good presidential timber produced in KIkton!" From the l)avi<'.ss County Imr answered John II. .McHenry, sr., and William Anthony, both names very familiar in the region at that day. Melican 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 triii - not, as it may be well to explain, that they neces-sarily nspiired two separate conveyances for the thirty miles from Calhoun to Greenville, but because each luni bad the good fortune to secure as L'onirade for the journey two of the prettiest girls of that town. It is reealleil that, on the bright day they fared forth, the two young gentlemen were arrayed in the height of the fa.shion of that time, hut so clad that they would be a sight to the heholders in these later days. Picture them! Ixmg 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 Iwen any discount on a pretty girl beeau.se 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 liordered 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 hurning 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. Ilis 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 tied out through the clearing, .\fter a chase of seventy-five yards the snake hid himself in a bru.sh-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 exee.ssively 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 uneipial contest. Dorit hie fahvla 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 .iourney ended. Having left their traveling companions with expectant friends, the attorneys found lodging at Captain Bob Kus-seU's somewhat overcrowded hotel. The landlord was a large, portly man of fine prc.sence, quite as dignified as any of his distinguished guests, with all of whom he maintained an ea.sy 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 tojiic. His stores of incident and anecdote were inexhaustible, and he gave his friiuids little opportunity for considering whether the accommodations of the hou.se 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 (piarter 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 bcd-cliambers and these in the second story, but each large enough for three or four bed.s, and each bed was dt*signed 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 ns with closed eyes he sat ponderously in a chair. (This was before the era of safety razors. )
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 al.so 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 detaebment-s. The limited floor space forbade any other course. There was no ceiling or plaster la-neath, and because of this the landlord was enabled with his eanc to knock on our door from time to time, ns 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 {.bounty, .\ftcr being indicted in Todd the defendant had procured a ehange of venue to Muhlenberg. The evidence in the ease was eireumstantial, and while the cireumstanees had be(>n comparafively few they had been sufficient to lead to the conclusion on the jiart of the public generally that the accused was the guilty man, and that bis motive bad been robbery. A twenty-dollar bill which had been ]>aid to Stark the day before the murder (which had occurred at night) was marke<l. It was found in possession of Rutherford and identified by the man who had paid it to Stark. The accused owned and was aeeustoined to ride a horse which, in motion, made a peculiar noise known as "rattling of the sheath.'' It was in i>roof at the trial that a horse making this peculiar noise was heard, on the night of the murder, to pa.ss through the town of Klkton 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 pa.ssing and repa.ssing through town, the horse had been ridden in a galloi>, and that next day he showed signs of having been recently hard ridden.
Honorable Francis Hristow was chief counsel for the accused. Mr. ram()bell conducted the ]iro.seeution. The jury that tried the ease returned a verdict of guilt.v, and sentence of death was pronounced. .\n appeal was prosecuted, and the judgment was reversed in the Court of Appeals and the ease remanded for a new trial. While awaiting another trial the pri.soner escaped from jail and was never afterward apprehended. Tradition has it that be fled to Texas, and during a long residence in that State
At the same term there was also pendinj; a ease against S. P. Love, charged with killing Wesley if. 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 politics. 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, wfis 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 wa.s arrested and indicted for murder. At the autumn term of 18511 the ease was tried, but the .iury failed to agree. It was afterward continued from term to term until the outbreak of the Civil War. Love, meantime, .ioined the Federal army and during the war underwent final trial, which resulted in his acrpiittal.
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 y(>ars 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 (Irecnville and its people then, there are many things he would miss if he looked for them now. The portly and dignified landlord of I{us.sell's Tavern has long .slept in the silent grave. The small, oldfashioned courthouse has been supplanted by a stately edifiee, the architectural graces of which entitle it to be called the Temple of Justice. The gentle Dabney has long since ceased to i)reside there, but has without fear answered the call of another Judge. Camphell, the prosecutor, is no longer a terror to evildoers, but has received the reward due a just man, and has claimed his right to hi; heard by that mereiftd 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 atid generation. The amiable, kind-hearted Guffy went through life doing his duty, dispeasing 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 "raeer," 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 hasts who now rest in eternal I'eace.
Provenance
Text from A History of Muhlenberg County : with More Than Two Hundred Illustrations and a Complete Index, published 1913, in the public domain in the United States and digitised by the Internet Archive.