ARGUMENT OF HON. HENRY L. STONE.



dier, and whether he stuck out to the last. Gentlemen [addressing
planiti's counsel], unless you have some evidence that Judge Hargis
forsook that cause, whether right or wrong, that he had joined himself
-to, in September, i86r, don't insinuate. The intimation is made that
-in the Valley of Virginia, where Mr. Burns described him as leaving
camp one day, that he neglected to come back, and deserted that army
to which he belonged, when in point of fact (as the gentlemen have
gone out of the record) on that identical day he was shot down on the
field of battle, and for long weary months lay in prison as a wounded
prisoner. Let gentlemen who undertake to smirch the military career
of Judge Hargis look to it that they have as many honorable wounds re-
ceived upon the battle field as he carries upon his body. We have a good
many military characters in this case. They got to calling me Colonel.
I repudiate it. I did not get that high. They call my friend Thomas
W. Bullitt, Colonel, I believe, and his associate counsel Major General
William Henry Wadsworth. Where did the leading counsel, Gen.
Wadsworth, ever smell gunpowder during the late war Where did
Col. Thos. M. Green ever meet the enemy upon the battle-field They
do say (I am quoting Mr. Green's style now-not what he knows him-
self, but what he has heard-) that Gen. Wadsworth was the defender
of Kentucky against Morgan, and whenever Morgan came into Kentucky
that he ran over into Ohio, and when he wanted to defend Ohio against
Morgan he ran back, to Kentucky and Colonel Thos. M. Green was his
aide-de-camp in these tactics, commanding a lot of home guards. Talk
to me about military careers! That is the style of the plaintiffs war-
fare when war was on hand. He wanted the houses burnt and the lives
taken of ten Southern men in Kentucky for one Union man killed by
guerrillas. After the war is over, if he wanted to injure a man he cir-
culated his libelous articles behind his back. That is your client
[addressing plaintiff's counsel] as true a picture as ever was drawn, and
in this record you can find the evidence of it if you will read the dep-
ositions.
  Well, the defendant returned after the war was over in 1865, and
with the cxception of a short absence, he remained at home
reading law in a desultory manner, not regularly, but about the
1st of November, j865, he commenced to put in all his time at his
studies and subsequently, at the February Term, i866, as I will show
you after a while, he obtained his license and entered upon the practice
of his profession during the summer of i866, having been sworn in as
an attorney at the May County Court. He announced himself as a
candidate for county judge against Judge Roe about the first of June,
i866, having talked of it perhaps a month or two before, but not
announcing himself as a candidate. Defeated for the office of county
judge in i866, he continued his practice in that county and adjoining
counties until he removed from Morehead in August, i868. He was
soon appointed Master Commissioner of the Nicholas Circuit Court ard
subsequently was elected by the magistrates Judge of the County
Court to fill a vacancy, and then at the August election of 1870, he
was elected by the people County Judge of that county. In August
1871 he was elevated to the position of State Senator by the people
ot the counties of Fleming, Carter, Rowan and Nicholas, and served
out his term of four years. In the fall of' 1873, he aspired to the Cir-
cuit Judgeship, andannounced his intention to Mr. Thos. J. Young,



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