ARGUMENT OF HON. HENRY L. STONE.



his certificate, and on it procured the signatures of two judges to his
license. Was it ever recorded He has testified upon the witness
stand that he obtained his certificate in that manner, and that he never
went to the clerk's office or the court house at afl.  He said that he
had no idea that it was recorded, that he never had anything to do with
the clerk, and never delivered it to the clerk, and I presume that the
County Court records of Morgan, which were at plaintiffs disposal, if
copies had been gotten, would show that his certificate never had been
recordcd. If it had been recorded the counsel for the plaintiff would
have lugged it into the case long ago, especially when Mr. Burns' dep-
osition was taken last summer.
  Again we find from the deposition of Mr. Ben. G. Paton, a practic-
ing lawyer who obtained his license in i870, residing at Paris, Ky.,
that when he undertook to find his certificate upon the County Court
records of Nicholas County, where plaintiffs witness, Mi. John A.
Campbell, vas and is yet the clerk, he was unable to find it. No
record of his certificate, although he swears positively that he obtained
it from Judge Hargis, who was Judge of the Court at the time. We
find further that Mr. John P. Norvell, who has given his depositionin
this case, a practicing lawyer since 187I, obtained his certificate from
Judge Hargis when he was Judge of the Nicholas County Court, when
he went to the clerk, Mr. John A. Campbell, to fund it, he was unable
to discover any record that had been made of his certificate. It is not
unusual, gentlemen, for such certificates to be left off the record.
The testimony in this case shows that fact beyond controversy. Here
are Burns, Paton and Norvell. Are they not attorneys at law within
the State of Kentucky Certainly they are. Hence it is that the
court in this case refused to give an instruction to this jury saying that
it was necessary to record the certificate. It is not the law. On the
contrary he says that so far as the certificate is concerned the license is
conclusive. You have nothing to do, gentlemen of the jury. with the
question of whether it was entered of record or not.. So far as that
point is concerned, the only question is, when did the defendant obtain
it  That is the question, and to that I propose to direct your attention.
  Cyrus Alley, the Clerk of the Court at the time this. certificate was
obtained in i866, swears in his deposition that he has airecollection that
Judge Roe and the defendant came to his office and fixed up some sort
of paper of that kind in the winter or spring of i866. Judge Roe is.
dead. We have not therefore been able to bring his testimony before
this jury, but as early as April, I874, he gave a certificate setting forth
his recollection of this matter, which has been read to you not as to the
truth of its statements. for I will not intentionally mislead this jury,
but as evidence that Judge Roe made the certificate. Cyrus Alley
swears that lhe and Judge Hargis went to the residence of Judge Roe
some eight or nine miles from Morehead, where this certificate was dic-
tated by Judge Roe, and as dictated by him he wrote it down. That
certificate was published in the controversy of 1874.. It was the first
certificate he gave upon this question. He had not then been preyed
upon, his political prejudices excited, or pulled and hauled by the
plaintiff in this case, and those that were working upon his side, for he
gave five certificates in i874. This is No. i. So much as relates
to the certificate I will read: " While I was Judge of the Rowan
County Court, in February or March I 866, I gave to said Hargis a cer-



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