Newspaper Page Text
Irishman Pleads
Own Defense.
[The following article, written
by James P. Cooley, and publish
ed in the Covington Enterprise,
and later in a number of Georgia
papers, is reproduced at the re
quest of a citizen of this county.
It illustrates the force with which
a man can plead his cause, when
he is thrown on his own resources
The facts cited in this article, are
for the greated part true, as stat
ed by those who were in touch
w ith the scenes enacted.]
The State vs. James Kirpatrick,
Assault with intent to murder.
Indictment in Wilkinson Superior
Court and tried October term,
1878. Judge George T. Barlett
presiding. For the state, ex-
Solicitor-General Fleming Jordon.
For the defendant, M. N. Murphy.
The following named jurors
were empaneled and sworn to try
said case: (1) R E. Hatfield,
(2) W. J. Underwood, (8) S. J.
Fountain, (4) James Jones. (5)
Jacob Jackson, (6) W. A. Hall,
(7) B. I. Stevens, (8) S. A. Hat
field, (9) S. K Arrington, (10)
J. L. DuPriest, (11 John Allen,
(12) R. B Yarborough. The tes
timony submitted on the part
of the state was conclusive as to
the defendant’s guilt, in that he
witnout provocation struck one
Wm. Smallwood over the head
with a large butcher knife, almost
killing him. The defendant put
in no testimony (not even making
a statement.)
Argument of counsel for the
state and defendant, were made.
The court had concluded his charge
to the jury. The impression
made on the minds of all those
who had heard the case was that
there was no escape from a con
viction. However, just at this
time the defendant rose from his
seat and addressed the court in
the following manner: “Your
honor, kin I say a word to the
jury?” The court seemed sur
prised as this request and said:
“You should have made this re
quest before the court charged the
jury.” Kirk replied: “Your
honor, I am nothing but a poor
Irishman, and have no knowl
edge ofthecourt rules, and in
my humble way I thought that it
was not proper for me to sa.v one
word until all the gentlemen
had said all they wanted to say
about the case, then I might be
permitted to say a word in my
own behalf.” The court replied
by saying: “Oh, well go ahead
and say wnat you want to say to
the jury.” Kirk then turned to
the jury and said :)
Gentlemen of the jury, this is
Kirk, and so tar as this trial is
concerned as to him individually,
it would make but little difference
as to what your verdict should be,
but some of the best blood in the
country flows in Kirk’s veins, and
it would be a disgrace for such
good people as he is related to
have a kinsman in the penitenti
ary. Besides I have a little boy
named Tom, six years old, at
home sick. He can speak ‘The
Boy Stood on the Burning Deck.’
until tears would oome into your
eyes, and for his sickness he
would have been here to make a
speech before you in my behalf
T ) convict the father of such a
bright boy and send him to the
penitentiary would be a blight
upon his whole life. I know,
gentlemen of the jury, that none
i f you desire to inflict punish
ment and bring disgrace upon
good and innocent people. It is
for this that you should spare
Kirk. It would not disgrace
Kirk, you understand, to convict
him, and let the court send him
to the penitentiary, but it would
disgrace a lot of good folks. Af
ter all Kirk is not such a bad fel
low at heat. He takes his grog
and he will fight, and many have
been sent away and carried off.
Kirk is as good a fellow as Bill
Smallwood, he is. Bill is a great
drunkard and a vagabound, too,
and we were drunk when this diffi
culty occured, and Bill is as mean
a man as can be and as sorry a
fellow as Kirk, and you all know
it. Kirk has done some good
things and Bill never has done
anything.
“Now, Dick Hatfield, you re
member the night after th< j bloody
battle at Baker’s Creek, you do,
you were sent out on picket with
nothing to eat Kirk knew it; and
went away to a neighbor’s house
and borrowed gome corn in the
way soldiers borrowed things, and
lie roasted it and carried you three
and took your gun and stood at
your post, he did, while you step
ped aside to eat the corn. When
you had eat the second ear and
dropped the cob, the noise you
made attracted the enemy's pick
et and he cut down on the sound
and came near bitting Kirk, when
it should bavs bssn you, Dick, in
stead of Kirk. You were in a
tjght, then, Dick, you were, and
Kirk stood by' you. Now Dick,
remember that Kirk is in a tight,
he want you to stack, he does,”
(slapping the juror on the knee,)
Then he said:
“Bill Underwood, you remem
ber when von wore at Pt. Look
out, a prisoner, sick and lousy,
you were, Bill, Kirk then waited
on you the best he could, he did,
set b'y you aud brought you
through, and you are here now,
you are. You were in a tight
then! Bill, you were, and Kirk
stood by you, he did. Remember,
Bill, that Kirk is in a tight now,
and he wants you to stack” (slap
ping the juror on the knee.) Then
he said:
“Seab Fountain, you remember
when you were marching to
Corinth after the battle of Shiloh
—you remember how hungry and
footsore we all were Scab—you
said, ‘Kirk I am about starved,
but of all things I want worse is a
chew of tobacco; have you one
Kirk? Don’t say no,’ Kirk took
from his pocket his last chew, he
did, and said to you, Seab, ‘This
is my histone, and I have been
saving it all day until we struck
camp that I may laydown on the
flat of me back and enjoy it.’
You looked at it so pitifully,
Seab, and begged me so hard for
it you did, until I gave it to you
and went without meself. You
thanked me and said you would
always remember me, Seab. You
were in a tight then and Kirk
stacked. Now, Kirk is in a tight
and he wants you to stack.”
Then lie said •
“Jim Jones, you remember
when we were camped at Dalton in
the winter of 1868, you do, you
had missed your luck and gone
broke m a game of chuck luck
and ye came to Kirk and begged
for a stake, ye did, and he loaned
ye one, and ye went away and
came back with plenty and paid
me and said, ‘Kirk, that loan did
me more good than any favor 1
have eyer received and I shall al
ways remember you for it. Now,
Jim, you were in a tight then and
broke, and Kirk stuck. Remem
ber that Kirk is in a tight now
and wants you to stack sure, Jim
“Joe Johnson, you remember
the night the army was driveu
from Missionary lvidge, you (10,
you had run out and lost your hat,
and was barehead and shivering
from cold, you were, and came to
Kirk and said, 'I never wanted a
drink so bad hi all my life, and
any man who has got any and will
let me have it, I will not only pay
In in for it, but will stand to him
to the last.’ You said it, Joe.
Kirk had a canteen and he told
you so. He did not pour it out
m a spoon, but handed to you his
canteen and let you take a good
drink, and begad, you came near
drinking up the bulk of me quart,
you did, Joe, aud I charged you
nothing for it. You were in a
tight then, Joe, and Kirk stacked.
Remember, Kirk is in a tight and
he wants you to stack, Joe. Yes,
stack, Joe.
“Alfred Hall, you were always
a good paying fellow and you and
Kirk did not run together only
when a fight was up, and then
were about. You remember the
night after the battle ot Reseca,
you came to Kirk, after our line
had fallen back and said, ‘Kirk,
my brother is left behind, either
wounded or killed.’ You were
wounded so that you could not go,
and you requested Kirk to do you
the favor to go and look after
your brother. Then it was that
Kirk told you he would do it. At
the risk of his life Kirk went and
found him, and he was mortally
wounded, took him on his should
er and carried him for a mile or
more and brought him into our
lines, laid him down and we saw
him die. Now, Alfred, you
thanked Kirk then for that kind
ness and said you always would
remember it and if you could ever
do him a favor, Alfred, now
Kirk is in a tight, and he wants
you to stack.”
“Bart Stephens, you remember
the night the army fell back from
Kennesaw Mountain across the
I Chattahoochee river, you were
sick, you were, could hardly
inarch; you begged Kirk to stay
with you and take care ot you,
i you did. Kirk did so and carried
; your gun aud knapsack all night
| for you, he did, and the next
morning you thanked Kirk aud
told the captain what had been
done for you and you promised
that you would always stick to
Kirk, you did Now, Bart, the
time is at hand to stack to Kirk,
and if you think well of what he
has done for you, stack.
“Sam Hatfield, you remember
l in the battle of Atlanta what a
bloody battle it was; you got
wounded, you did. We hail to
fall back and form a new line,
and you called to Kirk, ‘Help
1 me, don’t leave me alone here—
the Yanks will get me.’ Kirk
said, ‘Sam, begorra, I will do it,’
THtt MOMTGOMKRV MONITOR 4 lii r4>aY, APUIL Ift, 1011.
!he did ; took you on his back and
carried you to a place of safety in
the new lines. You thanked him
then and said, "If I can be of any
service to you, Kirk, call on me.’
Now, Sam, Kirk don’t remember
that lie lias ever called on yon be-
hut understand, he is calling
now; is in a tight and wants you
to stack.” Then he said :
“Jess Arrington, you remember
when on the return after the
bloody battle of Nashville in
December, 1864, that it was sleet
ing and snowing and freezing and
you were barefooted, you were.
It was a terrible day; you and
another soldier of some other
command got into a scrap over a
pair of shoes lying by the road
side, and about the time that
Kirk came up the other fellow
was about to get. the better of
you, he was, Jess. But Kirk
reinforced you and we soon put
him to rout and held to the shoes,
we did. Then you sat down and
put them on and as you went- on
your way you were saying, 'Kirk,
these shoes make mv feet feel so
much better, and if it had not
been for you that fellow would
have defeated me and would now
have them on his own feet. 1
assure you that 1 appreciate your
assistance and whenever an ap
portunity is offered 1 certainly
will stand by you. Now, Jess,
Kirk has never called on you be
fore but he seems tc be in a tight
now and is calling on you, and
begorra, lie wants you to stack.
“You other gentlemen of the
jury, whose names Kirk cannot
recall, if I have not been of any
service to you, do not blame Kirk,
tor it. was only the want of op
portunity, and your misfortune
for not being with Kirk, for he
certainly would have divided his
last chew and his only drink with
yon had a chance-come in the way
to have done so. Kirk is nothing
but a dirty, drunken old Irish
man, who has lost all the caste
that blood and family gave to
him, but he carries a big heart
and a forgiving spirit. He loves
mercy and has feeling for human
ity. Ii is only when lie lias lest
his head from drink that b<* is
vicious and wants to light. He is
sorry that his neighbor was hurt,
but it was not Kirk that hurt
him, it was the grog that he was
canying that lie ran up against
and git hurt. Now, it these
gentlemen of the jury who know
Kirk and for whom he has done
something are willing to stack to
him and relieve him and iiis good
km folks and above -ill that
bright little fell* w from disgrace,
than stand lor Kirk and sr.\< k to
him.”
When Kirk took bis seat, the
jury, the bar and the whole audi
ence were deeply effected and
manifested great sympathy for
Kirk. The court only directed
the jury to retire and return such
verdict as you ought to find in
this case. The jury filed out of
the box and returned within a
few minutes with their verdict,
handing it to the solicitor genera I.
who announced aloud, “We, tin
jury, find the defendant not
guilty.” When a shout of ap
plause went up —receiving no
rebuke from the court , Kirk was
borne away from the court by
friendly hands with gratulations.
Thus ended the most, important,
defense ever made by a defendant
m any court in this state.
ONE THOUSAND ACRES
IN CUCUMBERS.
Americus, Ga., April 9. Out
near Americus, on the Ware-
Progress farm, Superintendent
J. L. Glawson is preparing to
plant the largest cucumber
“patch” ever seen in Georgia
and from which he will pick
enough “cukes” to dill pickle l ie
universe. Vast areas, stretching
for a half a mile, will be devoted
to the culture of cucumbers.
This is upon the company’s
line of diversified farming and
trucking, as weli as raising
peaches.
The “cukes” will be cultivated
just as watermelons would be,
and the yield will he enormous,
in fact, from thirty to forty car
loads would appear a very low
estimate.
But there is a demand for cu
cumbers, a great demand, and
the Ware-Progress Company
will sell every little “cuke” that
is produced in this big thousand
acre farm. The large pickle
factories out in the w'est want
the young cucumbers, and t hey
will he shipped from Americus
in carload lots.
Already several of th<- large
factories putting up cucumber
pickles are corresponding with
the company here regarding the
purchase of Sumter county’s cu
cumber “patch” and handsome
cash returns thereupon are ex
pected.
Entrants in
Corn Contest.
The following is a list of those
who have entered the corn con
test as ollered by the Mt. Vernon
Bank. It will be seen that every
| section of the county is represent
ed. The rules have been publish
ed for the past two months, and
all are familiar with them:
Charlie Dukes Soperton, Ga.
I) F. War nock Tarry town
J. W. McMillan Scotland
i J. 11. Jackson Scotland
J. 10. Phillips Soperton, No. 51
L. 15. Avant Helena No. 1
G. J. Thompson Mt. Vernon
Gluts. Montgomery “ “
Douglas McGregor Ailoy
J. M. D. McGregor Alley
I). S. Williamson Uvalda
1). 11. Phillips Soperton No. 55
J. I>. O’Conner Kibbee
G. W, Garrett Glenwood No. 5!
J. W. Gibbs Ailey No. 1
Lueion Higgs Soperton No. 2
.1. K. Klton Scotland No. 1
Marshall Moore Glenwood
! Sibley J. Clark Uvalda No. 51
Geo. W. 1 bivis Gloinvood
T. I’. Rhodes Scotland
.1. L. Johnson Scotland No. 1
I, C. Hinson Erick
J. W. Hinson Erick
J. W. <lalhoun Uvalda
M. H. Mason Mt. Vernon
K. Lee Mcßae
G. L. Davis Glenwood No. 51
Every farmer in the county is
digible, whether he has entered
j any other contest or not, tmt on
i ly one man can win either of the
prizes as offered by the bank—
that is, the man winning the first
prize connot compete for the
second, and the second cannot
compete for the third prize. This
makes three men share the prize
money. As stated in their an-
ment, the entries close
May Ist, and the awards will lie
made immediately after Novem
ber Ist of this year. The amount
offered by the bank is SSO, being
$25 for the greatest, yield of corn
on one acre. sls for the second
best and $lO for the third I est
; yield.
It is gratifying to note that such
| a number have entered already,
| many having already commenced
preparing for the prize crop.'
© © © © .©; ;©: © © © ;© :©■© :©,
SPECIALS:
Cabbage Plaids
Onion Sots
(White and lied)
BORA X
(5-Lb. Pack 45 cents)
Liquid Smoko
; (The only correct plan for curing
meats—try it)
Mt. Vernon Drug
Company
MT. VERNON, OA.
©.© ;©:.© :©i.©: o .©:© .0 ©© ©
Money to Lend
Have plenty of money to lend
at (j per cent, interest. Prompt
service and courteous treatment.
Gun repay loan at any time and
stop interest. See me for you
money requirements. Write me
and J will meet you at and rail
road station in M< ntgomery Coun
ty. Hamilton Burch,
Me Kao, Ga.
60 YEARS*
experience
H I V- J J ' L J J
** /1« I j ■ 81/B
Jf lln k I ]
™ ■i B I A J
1
TRADC ARKS
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"rf 1 Copyrights Ac.
Anfbno Rending h *k«feh mid d«*Acrlpilon may
qufkly /uic-erfinn t>ur opinion freo •rliuthw At;
nvontinn »r probably ioit«n»ubW*. I biiuuurifa.
♦ innß Acridly < , '.niMontlHl. HANDBOOK on
s'-nt free. 'H tier* agfficf for awuring umtmtitg.
I*nt.#*iitu ;liken tlnrough Muon A Co, rataln
tpreial notice, without charge. In the
Scientific American.
A htindnomnlf 11 In at rated weakly, I.argaat clr
• h< of any ar’ienildc kiuriial. Tarina, s■) a
y< ; r :-mr nn.ntha, sl. Bold by all newadaaiara.
MUNN & Co. 36,8r^ "' d "•’ New York
I btikUvU office. V Bt_ Wußliiittuu. l>. C.
I NEW STORE NEW GOODS
| O. A. IRWIN I
| Dry Goods, Groceries, Supplies, etc. ijj
1 NEW GRIST MILL i
I Modern (List Mill, Operated Saturdays |
| Standard Grade Guanos at Retail 1
The patronage of the public respectfully solicted.
|O. A. IRWIN Avant’s Siding |
KING OF ALL I
THROAT & LUNG|
REMEDIES I
DR. KING’S
NEW DISCOVERY
B‘ ICKEST, SAFEST, SUREST
GiH and COLD I
—cure— I
l OF ALL DISEASES OF LUNGS, |
THROAT AND CHEST
tRED BY HALF A BOTTLE
Dr. King’s New Discovery cured me of the p
Jgh 1 ever had.- J. R. Pitt, Rocky Mount, N. C. I
AND 81.00
SOLD AND OUARANTEED BY
Mt. Vernon Drug Co.; Rainier Drug Store,
Ailey; Rivers Drug Company, Glenwood.
The Heyward = T -*■ “”**”
i J. K. VV11,1.1 AMH
« « r. g . . /-'» Si cu tH ry
Williams Co.
HPITIL STOCK 550.000
Cotton Rectors & Commission Merchants
120 Bay East, SAVANNAH, GA.
Bagging and Tins at Attractive Prices—Ready for Shipment.
The oflicers of I bin company are veterans in the cotton
liUHinosH. 1 t.H facilities for handling and
se|l ing cotton cannot la; matched. . '
fertilizers of All Kinds
Mosl Progressive Commission Merchants in the Soufli in the
Handling of UPLAND, SKA-ISLAND, FLOUODOUA
and EGYPTIAN COTTONS
j QUICK RETURNS ON CONSIGNMENTS
I; Correspondence Solicited, and Given Prompt Attention
5 "-VC ■u.viM^a—wa— —f—
-1 Always Something Doing. &
1 ’ 1
1 ... a
W During what they call their “busy season” some fig
merchants can say there is “something going on.” «g
8 In Selling High-Class Goods II
S 3 f
w at correct prices, there is always something in KX
motion. The advantage of this motion settles on &S
jjjjj those who visit my busy place in Glenwood. m
|? Dry Goods, Groceries and Supplies g
Shoes, Hardware, Notions §
S |
W Os the Letter Class the grade of goods that please the E&
public, both in price and quality. I sell that kind of stuff,
|H. D. ARMSTRONG, GLENWOOD, GA. |
