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Covington Journal, Covington, Kentucky
January 1, 1870
- Decisions of Court of Appeals
Murder - Dying Declaration - Character of Prisoner and Witnesses:
Timothy Young vs. from Jackson
Reversed December 10, 1869 - Peters, Judge
Appellant shot and killed McHowe, an on his trial for murder
the following facts were proved in evidence: McHowe, having
threatened the life of Young, came to his house on the evening
of the homicide, and Young, seeing him at a distance and not
recognizing him, went into the yard to meet him, when McHowe,
fired a pistol at him. Young went into the house and returning
with his gun, when McHowe fired at him again, and he returned
the fire. McHowe then left, inviting him to follow, which
Young did, and when they had gone about a half mile Young,
fired at him again, and soon after the pursuit ceased, and
Young remained near a fence. McHowe returned, riding behind
his father on the same horse, in a short time, and challenged
Young to a fight, and jumped from the horse with pistol in
hand, ran toward Young, and was climbing the fence when from
some cause he let go and went back toward a house near by,
when Young fired killing him. None of the previous shots had
taken effect. On the trial, the jury returned a verdict of
guilty of murder, and he was sentenced to be hanged.
Held - If appellant had sufficient reason to apprehend, and
did actually apprehend, that McHowe would take his life, or
that he was in continued danger of losing his life, or suffering
great bodily harm from him, and that if he returned to his
house the attack would be renewed upon him, he had a right
to pursue his enemy until he might be reasonably believe he
was secure from danger, and, if after having stopped the pursuit,
the deceased returned and again assaulted him with deadly
weapons, and he had cause to believe, from persistent attacks
and previous threats, McHowe would take his life, or do him
great bodily harm, and he slew McHowe after having been assaulted,
it was excusable homicide in self defense. (2 Duvall, 328.)
The instructions were given in conflict with these principles.
McHowe the same evening he died, stated to Powell the circumstances,
but stated that he believed he would not die, which statements
the prosecution offered as dying declarations; but before
they were offered the father of the deceased testified that
he was with his son after the statement to Powell, that his
son told him the statement was true, that he had told Powell
he did not think he would die, but that he believed he would,
and so believed when he made the statement, but did not tell
Powell so for fear it would be a reproach to him if got well.
This was sufficient evidence that the declarations were made
under a sense of impending death.
Evidence of the good character of the prisoner is admissible,
but the prosecution cannot produce evidence of his general
bad character except to rebut evidence of good behavior already
adduced to by him; and the evidence must be restricted to
the trait of character in issue. In impeaching the credit
of a witness the examination must be confined to his general
reputation, and not to particular facts.
- While Sunday School children were holding a festival on Sunday
afternoon last, near Wabash, Indiana, a disturbance was created
by three roughs named Edwards, Garner, and Hetmensperger. At
the close of the exercises Edwards passed out the door, some
six or eight paces in advance of the congregation and fired
a revolver over his shoulders into the crowd. The first shot
took effect upon Joseph Oswald, a young man 17 years old, who
died at 4 o’clock in the afternoon on the same day. Edwards
is in jail at Wabash.
- Grant County
My Late Visit to Covington
Williamstown, Kentucky, December 27, 1870
You are doubtless, familiar with the fact that certain very
distinguished men cannot go a day’s journey, by any
mode of traveling, without seeing a great many things, and
who are unhappy until they make their observations to the
public. You will, of course, be more than delighted to hear
something about my last trip to Covington. On the 21st of
December, 1869, at the request of Mr. A. G. Degarnett, a young,
modest, talented, and very industrious lawyer of Williamstown,
and a native of Grant, I accompanied him to the residence
of Joseph T. Elliston, Esq., living immediately on, and almost
literally over that part of Covington and Louisville rail-road
passing through Grant County, to act as principal witness
in the consummation of a life-time contract between the aforesaid
A. G. Degarnett and Miss Alice Elliston, the handsome and
intelligent daughter of J. T. Elliston aforesaid. The aforesaid
contract being completed in the usual way, we went aboard
on the cars of the rail-road aforesaid, (one of the smoothest,
easiest, and most comfortable roads I ever traveled,) and
soon reached the Depot in Covington, from which they went
to the Spencer House, Cincinnati, and I to the Hawkins House,
(old Drover’s Inn,) Covington, kept by that very accommodating
landlord, B. F. Day, Esq., a native of Harrison, but late
of Grant . During my stay, and while at the table, at this
house, the names of several well-known and accomplished landladies,
who had graced this hotel, in the days it bore the name of
"Drover’s Inn ," and has since been called
the "Hawkins House," were called up. The amiable
and excellent persons, viz: Mrs. Ashbrook, (wife of Levi and
mother of William A.) now in St. Louis, Mrs. Perrin, (wife
of Kennedy,) now of Harrison County, Mrs. Elliston, (Wife
of Benjamine,) now of the Drennon House, Covington, Mrs. Hawkins,
(wife of William M.,) now of Indianapolis; were all praised
and extolled indeed, for all those peculiar traits that add
a charm to first-class hotels, but it was agreed, by all participating
in this review, that, in its palmiest days, this House had
never been graced landlady superior, as such, to Mrs. Huldah
Ann Day, wife of the present proprietor. If any man, woman
or child doubts this, let the test be made, and the fact will
be established as stated. The sons of Mr. Day, (McCalla and
Albert,) possess many of the traits of their excellent mother
and are to be found in the office.
Passing the "Central Hotel," one of its gentlemanly
proprietors, Mr. James R. Gray, late of Missouri, formerly
of Harrison County, Ky., and my pupil for several years cordially
invited me to call, and feed myself ___ during my stay. In
some future visit he ___ bear the expense of this invitation.
I am unacquainted with his wife, the landlady, but I hear
this house is well spoken of.
At the Court House, I saw Hon. John W. Menzies (special judge,)
on the bench; and within the Bar, the familiar face of Judge
James Pryor, M. M. Benton, John F. Fisk, Judge James O’Hara,
W. S. Rankin, and O. F. Rankin, who were busily engaged; yet
Benton, O’Hara, and the two Rankins were not too much
so to ignore my presence, or to extend the hand of friendly
greeting. Many others were figuring within the Bar, whose
faces were unknown to me. You will say, "Carter does
like to be noticed." I answer, "Yes sir: and there
is a large portion of the human family afflicted in the same
way, and with Pope feel very much like saying"
"Small slig, his neglect, unmixed with hate,
Make up in number what they lack in weight."
James Hutcherson and a lady, (a daughter of Jacob Renneckar,
Esq., of Cynthiana being aware of this weakness of mine, very
cordially invited me and my old friend, Ruddell Sharp, of
Harrison, to spend the evening in their room, at the Hawkins
House, with whom the time passed rapidly because pleasantly.
In the Journal Office, I met with such kind attention as Davis
and Son know how to give their visitors, and I feel very much
like saying, that the Covington Journal is the best paper
of its size published in Kentucky, and ought to be patronized
by all who desire to read the cream of Kentucky news, given
in small pithy, pertinent concise items, showing admirable
editorial talent, as unlike my rambling style as the Bloomer
costume is unlike the long robe en trall. As a friend of young
men, permit me to call attention to the junior editor of the
Journal, the two Sayers brothers, one at the store of Mr.
Simmons, the other at that of Mr. Walker, Madison Street;
all of whom I would recommend to public favor, because they
possess those modest business traits, which are an ornament
of youth, and a sign of future respect and usefulness. They
will pardon me for this allusion to themselves for the reason
that one of my great earthly desires is, that, as our county
advances in population, wealth, conveniences and luxuries,
the industry, morality, and modesty of our young men may keep
place with its material improvements. Oh! that I had such
a place to write what I feel on the subject of human improvement,
and could find readers to believe what I say! Then would I,
in the simplicity of my soul, say to every boy and young man,_____
Seek some good , paying occupation,
And seek the best association;
In business be attentive, steady;
For business calls be ever ready;
Shun, Shun, the idle and the vain;
Abhor the obscene and profane;
Let purity of purpose guide,
And trust in Christ, the Crucified.
Your county needs her every youth;
Her sons of honesty and truth:
Your fathers soon must pass away;
And you must be your country’s stay;
Up, Up; be vigilant and wise,
And grasp true honor’s noblest prize.
- Mr. E. Goodman, of Monroe County, Missouri has been married
three times, and has thirty-three children, all boys. He has
a brother who has been married only twice, and has fifteen children
by each wife! No danger of the Goodman stock running out very
soon, at this rate.
- Southern Items:
1. Colonel Aaron Wilbur, who recently died in Savannah, Georgia,
had his life insured for $70,000.
2. A Virginia centenarian has been gathered to his fathers.
Mr. Joseph Kidd died in Brunswick county on the 19th at the
advanced age of 101 years, 11 months and 24 days.
3. The latest intelligence from Mr. Geo. D. Prentice, who lies
ill at the residence of his son, Colonel Clarence Prentice,
near this city, represents his condition as extremely critical.
He left the office of the Courier-Journal about ten days ago
in perfect health, and it is supposed contracted a cold on his
way to the country which ripened into pneumonia, from which
he has extremely ever since. Dr. Benson was summoned several
days ago, and has been his constant and unwavering attendant.
Last evening the disease seemed to be checked, but Mr. Prentice’s
physical condition was very prostate. There are thousands of
hearts all over the country who will watch for tidings from
his sick bed with eager interest and there is no one of his
associates whose sympathies and kindly regard do not attend
him. Courier-Journal 29th.
- Kentucky News:
1. Thirty additions to the Cumberland Presbyterian Church, of
Owensboro, last week.
2. Mr. James Jacobs, of Maysville, has obtained a patent for
a new steam generator.
3. Jas. I. Lemon, for 30 or 40 years, a well-known jeweler in
Louisville, died in that city on Christmas day.
4. J. W. Harrah was on Saturday last Police Judge of Mt. Sterling
in place of Judge Garrett, resigned.
5. Rev. G. O. Barnes, of Stanford, has received a call to the
pastorship of one of the St. Louis churches.
6. Thornt. Gorham, of Scott county, has sold his saddle stallion
Halcon Denmark, to Robert Thomas, of Missouri, for $1,000.
7. Mr. W. S. Scott, of Jessamine, bought off Hon. Albert G.
Talbot of Fayette, his premium sow, Elizabeth, for which he
8. Mr. Bannister Stodgill, of Spencer county, sold 184 hogs
last week that averaged 310 pounds, netting him the neat little
sum of $5,276.40.
9. Governor Stevenson offers a reward of $300 for the arrest
of Timothy Young, convicted in the Jackson Circuit Court, for
the murder of Jack McHowe.
10. The Paducah people are indignant at the attempt now being
made in the Legislature to remove the Branch Bank of Louisville
from Paducah to Louisville.
11. Mrs. John Hart, residing on Dover pike, about seven miles
from Maysville, presented her husband with triplets last Wednesday.
- Two of the children died, but the mother is doing well.
12. On the 17th, James W. Stanton, of Brooksville, proxy of
the Grand Master of the Lodge of Freemasons of Kentucky, organized
and installed the officers of Milford Lodge No. 475, at Milford,
which was chartered at the last session of the Grand Lodge.
13. A young lad named John Johnson, nephew of Gen. Thomas Johnson,
shot and killed a Negro named Martin Yates, in Montgomery County,
last Sunday morning. The Negro had purloined a couple of keys
with which he intended to make a raid on the smoke-house and
meal-room, and which he refused to deliver up, threatening young
Johnson with an axe. Hence the shooting.
14. On Wednesday evening at a meeting of the board of directors
of the Eastern Lunatic Asylum, Lexington, the resignation of
Dr. Chipley was presented and accepted, to take effect at the
end of the quarter, the 31st of this month. Dr. John W. Whitney
was unanimously elected to the position of superintendent. Dr.
Whitley has not yet concluded to accept the position, but will
make his decision in a few days.
15. A meeting of the citizens of Montgomery county was held
at Mt. Sterling last week, indorsing the project of a railroad
from Lexington eastward to Connellsville, to connect the Chesapeake
and Ohio, appointing delegates to the proposed railroad meeting
to be held in Lexington on the 13th inviting the counties of
Bath, Boyd, Lawrence, Carter, Rowan, Menifee, Clark, and Fayette
to unite with them in the same direction.
16. Col. Albert Gallatin Hodges, for thirty-five years the conductor
of the Frankfort Commonwealth, is at the National Hotel. He
thinks as do a great many of his old time friends, that he has
been overlooked and badly treated in the establishment of the
new Radical paper here. Indeed his indignation was of such character
that a few weeks since he threatened to come down and establish
an organ whether or no. Col. Hodges must remember that this
is the age of Young America - that the old folks are dropping
out of the lines, and that in the grand march they must "move
on" or be run over. The radical party is too fast to consider
the claims or wants of the old fogies. - (Louisville Sun.)
- Divorces were granted in the Kenton Circuit Court Tuesday
to the plaintiffs in the following cases: Abbie A. Wilkinson
vs. Joseph C. Wilkinson, abandonment; Nancy Burrows vs. William
Burrows, bad treatment and failing to provide support; Thos.
Drake vs. Zerelda Drake, abandonment; Catharine Reynolds vs.
Willis G. Reynolds, abandonment; Benj. Finey vs. Mary E. Finey.
- From the Kansas City News, 28: Yesterday morning , just as
services were opening at the Congregational church in this city,
and as Mr. B. Wright was entering the building, a lady and gentleman
rode up on a pair of prancing horses, and requested that they
should see the preacher. Mr. Wright informed them that services
were opening in the church, and that he would prefer not interrupting
the minister at that time. "Yes, but." replied the
gentleman, "we must see him right away." "What
do you want with him?" asked Mr. Wright."We desire
to get married immediately, and that, too, as we are, just now,
on horseback." Mr. Wright was somewhat surprised at the
strange demand of the parties, and although he felt desirous
of complying, as far as he could, with their wishes, yet he
doubted the legality of such a marriage, as also did Rev. Mr.
Beakman, who happened to be in the church and who was called
out by Mr. Wright for consulation in the matter. Judge Jenkins
was then called out and interrogated as to the legality of the
wedding. The judge at once dissipated the doubts of those who
questioned the legality of the marriage, and relieved the anxiety
of the couple, who were waiting patiently for the ordeal. Out
on the streets then, in front of the church, and while religious
services were being conducted within doors, with Judge Jenkins
and Mr. Wright as witnesses, Mr. Beakman performed the marriage
ceremony for the happy couple, and the two romantic hearts were
united for weal or woe, for better of worse. The lady was quite
young and beautiful, the gentleman was much her senior in years,
but also fine looking and manly, the happiness manifested by
their faces when the ceremony had been performed is beyond description.
Their names were Ephraim Harbyast and Lizzie Cook.
- A Cowardly and Atrocious Murder at Oxford, Mississippi (From
the Nashville Banner): A friend, just returned from a visit
to Oxford, Mississippi, brings us intelligence of a most shocking
murder, perpetrated at that place on the day of the election,
by the Radical Deputy Sheriff and the Commissioner of Registration
for that county. The victim was Wm. Robert Jones, a youth about
19 years of age, son of a wealthy planter, Mr. Daniel Jones,
of Oxford. Young Jones who was distinguished for his amiable
disposition and quiet demeanor, was speaking to one of his father’s
old servants on the day of the election, when the Commissioner
of Registration and the Deputy Sheriff of the county, both Radicals
of the most virulent and proscriptive type, and both under the
influence of liquor, approached and opened a conversation with
the negro. Young Jones told the colored boy to pay no attention
to the Commissioner, whose name was Wyatt, that "he was
a Radical." - At this the Deputy Sheriff, also named, told
Wyatt to shoot him. Wyatt instantly drew his pistol and fired
at Jones and missed him, and as the latter turned his head toward
Wyatt the Deputy Sheriff drew a pistol and shot him from behind,
the ball entering behind the ear and lodging behind the left
eye. The boy fell on the sidewalk and was lifted up and conveyed
to a doctor’s office adjacent, where he died in agony
on the Sunday morning following, surrounded by his distracted
parents and kindred. The occurrence occasioned intense excitement,
and but for the presence of the military immediately thereafter,
who took the murders into custody, they would have been hanged
on the square by the excited populace. The military conveyed
them to the courthouse, where they were kept under strong guard.
The excitement became so intense among the students of the college
of that place, that it was apprehended that an attempt would
be made to seize the murders from their armed custodians and
execute them, summarily. Meanwhile, a reinforcement of military
was brought down to Oxford, and the relatives of young Jones,
including his father, exerted their personal influence to persuade
their friends to desist from any attempt to anticipate the ends
of justice. The prisoners were finally taken to Jackson, Mississippi
to be examined, we presume, before a military court - the civil
law now in Mississippi being subservient to "military justice."
It is to be hoped by whatever court this brutal assignation
is to be investigated, exact justice will be meted out to the
assassins, for if this was done the criminals would be pretty
sure to expiate their crime on the gallows. Being in high favor
with the dominant party, in Mississippi, it is to be feared,
however, that the scoundrels will be permitted to escape their
- The best thing in the world a man can have is a Kentucky mother.
If he hasn’t got one, the next best thing he can get is
a Kentucky mother-in-law.
Transcribed by Jeannie