clung to him until he became sick and ultimately pined away and died. I am expecting, on the arrival of every stage, to receive a letter informing me that Tom Marshall has perished from the same. cause, and (turning to the witness) I advise you, young man, to beware of a like fate."

There are but few chapters in this volume that do not contain anecdote or incident illustrating his humorous traits. Not only was his reputation in this respect established during his career, but it was universally recognized and acknowledged. The comic almanac-maker of his day made Mr. Hardin the unwilling vehicle for communicating jokes rather broader than he ever indulged in the most unreserved moments. But Ben Hardin's name gave them currency. In "Flush Times of Alabama and Mississippi," the author (Mr. Baldwin) has Cave Burton, one of his characters, to quote Mr. Hardin's advice, on an occasion when Cave addressed the jury in the "Whistler" breach of promise case. "Says Ben, Cave, tap them gently and milk them of their brine easy. Let the pathetics sink into 'em like a spring

shower.'"

"See Appendix, Note D.

CHAPTER XXII.

TH

THE WILKINSON TRIAL.

HE most noted trial in which Mr. Hardin took part was that of the Wilkinsons—one more celebrated on account of the array

of counsel than any that ever occurred in Kentucky.

In 1838 Edward Wilkinson was a prominent lawyer of Mississippi, where he had been circuit judge and held other important posts. He had addressed and was engaged to be married to Miss Eliza Crozier, an accomplished young lady of Bardstown, belonging to one of its oldest and best families. Her mother was sister to Colonel Hinds, distinguished in Kentucky annals for his military services. The wedding was to have occurred in December, 1838. It was a social event of no small proportions to Nelson county society, and its approach aroused general expectation. Shortly in advance of the appointed day Judge Wilkinson reached Louisville, accompanied by his brother, Dr. Wilkinson, and his friend Mr. Murdaugh, a young lawyer, both also of Mississippi. The interim at Louisville was devoted to preparation. Dr. Wilkinson had engaged with one Redding, a merchant tailor, for a suit of clothes. On the Saturday preceding the Tuesday for which the wedding was fixed, Dr. Wilkinson called alone at his tailor's and received the coat, ordering the rest of his outfit sent to his hotel. On meeting his brother and Murdaugh, they disapproved the fitting and style of the coat. The party then adjourned to Redding's shop, where, after some bad-humored discussion, the coat was returned to its manufacturer. Redding, irritated by the discontent of his customer, and attributing it to Judge Wilkinson, indulged a disrespectful remark toward the latter, which caused him to assault the tailor with an iron poker. The affray that ensued was quickly transferred from the shop to the street, where it was shortly arrested. Bowie-knives were displayed by the Mississippians, but not used, nor was any one injured in the melee. The combatants separated, Wilkinson and his friends returning to their hotel, while Redding went in quest of an officer.

About supper time Redding went to the hotel (the Galt House) under pretext of obtaining the names of the parties, in order to pro

cure a writ for their arrest. As a number of his special friends happened to congregate about this time in the hotel bar-room, there was strong ground for the theory, afterward successfully maintained, that a conspiracy had been formed to do violence to the Wilkinson party. Judge Wilkinson, casually entering the bar-room, was assaulted by Redding with violent and insulting language. Retreating to his room, he soon returned, accompanied by his brother and Murdaugh. On this, Redding returned to the bar-room, and accosted Murdaugh in an offensive manner, accusing him of having drawn a bowie-knife on him at the previous difficulty. This Murdaugh denied with an epithet, and drew a spanish dirk-knife, telling Redding to stand off, swearing he would kill the first man who laid hands on him. One Meeks, at this point, seized the wrist of his knife hand and struck him with a cowhide, saying, "You are the d―d little rascal." Several persons then rushed up, and one Rothwell struck Murdaugh over the head with a hickory club. or stick, inflicting a painful wound. Murdaugh, however, gave Meeks his undivided attention, while the latter was industrious with the cowhide. Murdaugh changed his knife to his left hand, and, thus using it, caused Meeks to relinquish his right and retreat. With his right hand free, he made short work of Meeks, who died immediately from his wounds. The witnesses attributed one of his wounds to Judge Wilkinson. Some one gave Judge Wilkinson a stab; but the chief punishment of the Southerners fell upon Dr. Wilkinson, who seems to have given least offense. He was knocked down and beaten until almost senseless by Holmes and cthers. Rothwell quit Murdaugh and attacked the Doctor, or, at least, in the confusion, appeared to do so, whereupon Judge Wilkinson fatally cut Rothwell, and inflicted a slight wound on Holmes. The Wilkinson party then made good their retreat, and the affair ended. Meeks and Rothwell lost their lives. The other wounds inflicted on the various combatants were not serious in their results. Rothwell was brother-in-law to Redding. Meeks was unacquainted with Redding, and why he foolishly took part was never explained. The Wilkinsons and Murdaugh were arrested and committed to jail. Excitement ran high, and apprehensions of lynching existed. Α remark of Judge Wilkinson in the outset of the fatal tragedy perhaps enraged the populace more than the bloodshed. When Redding first abusively accosted him, he retorted that he would not quarrel or fight with a man of his profession." The relative number, weight, and influence of the artisan class in a city like Louisville has undergone

Within that period

great diminution in the last forty or fifty years. machinery has revolutionized the pursuits of mankind. In 1838, instead of the mammoth clothing houses found in every city, there were numerous and extensive shops, employing great numbers of workmen, that furnished, as ordered, raiment for the public. Other pursuits were likewise thus filled. Judge Wilkinson had insulted the entire guild of labor, and its voice was public sentiment. But the excitement passed without demonstration.

An examining trial was had at Louisville, Mr. Hardin representing the prosecution, Judge Rowan the defense. The night of the homicide Redding had put a messenger on a fleet horse and sent him to Bardstown, forty miles away, to engage Mr. Hardin's services for the prosecution. The latter came to Louisville and stopped at the Galt House the day following. Dr. C. C. Graham says he expressed to him privately a desire to defend rather than prosecute, and said that if the prisoner wished to employ him he would decline the offered retainer of the prosecution. Judge Wilkinson being inform

JUDGE ROWAN.

ed of this offer, said that he would engage Mr. Hardin if Judge Rowan needed his services. When Dr. Graham communicated this to Mr. Hardin, the latter responded, "It is not worth while to see Judge Rowan; he never needed my services."

The examining trial was marked by great excitement.

Public feel

ing was at fever heat, which the zeal of counsel still further augmented. In argument Judge Rowan was cool. collected, astute, and exhaustless in resources, while Mr. Hardin in some of his appeals was volcanic. Time after time would Judge Rowan interrupt him with objections and counter authorities. Mr. Hardin (the interruption ended) broke away like a torrent checked awhile only to rush on more furi

ously. Murdaugh once ventured an interruption.

"Be quiet, little chicken," roared Mr. Hardin; "I will come to you directly, and when I do I will not leave a feather of you."

The examining trial resulted in committing Judge Wilkinson and Murdaugh to answer the charge of murder.

Subsequently indictments were found accusing all three of the murder of Rothwell and Meeks. They were admitted to bail. which was given. They petitioned the Legislature for a change of venue, that department alone exercising this prerogative at that time. In the January following, the venue was changed from Jefferson to Mercer circuit court, and the trial fixed for March following. In the meantime, the marriage so rudely interrupted was quietly celebrated.

Mr. Hardin, in his argument on the trial, sarcastically observed that Mr. Prentiss spoke of Judge Wilkinson's engagement and marriage as a special honor conferred by the latter on the State. It will not escape the professional eye that the Kentucky woman's uncalculating devotion at that juncture was an auspicious circumstance for the defense. Immediately after the tragedy Mr. Hardin was employed by Redding to assist in the prosecution. He appeared at the examining trial, and by his zeal so stirred public feeling that a change of venue was inevitable. That change lost the prosecution its strongest ally, public sentiment.

Referring to Mr. Hardin's speech before the examining court, Judge Rowan said:

But let me tell him if he hopes to gain anything by exciting the passions. of the jury he miscalculates. He is not now amid the fervors which this case excited where it happened. He can not here produce the volume of passion which the false and erroneous misrepresentations of the conspirators produced there, and to the propagation and extension of which he, by the force of his acknowledged talents before the examining court, contributed. Here he can not, as there he did, to a considerable extent, excite the mechanics and working classes against the gentlemen slave-holders and cotton planters."

In Mercer county, when the trial came on, public feeling was on the side of the defense.

The case was called for trial at Harrodsburg by Judge Bridges, on the day fixed by the legislative act, March 4, 1839. On the day fol lowing a postponement was granted the prosecution until the 11th.

On that day the trial began. The prosecution was represented by Edward I. Bullock, prosecuting attorney, and Mr. Hardin. For