ARGUMENT OF HOY.I HENRV L. SIU)NK.



tificate of his honesty, probity and good demeanor to get license as an
attorney at law. " Subsequently the plaintiffs man, C. E. Johnson,
his left-bower in the controversy of 1874, residing at Vanceburg,
embodied a certificate of Judge Roe in his letter in the latter palt of
May, 1874, which was published in the Mayisville Eagle, if I recollect
right, on the 4th day of June, 1874. I have always thought that
certificate was obtained by Mr. Thos. W. Mitchell, a friend of the
plaintiff in the controversy of 1874. C. E. Johnson was not at the
Rowan Circuit Court in May, 1874, but Thos. W. Mitchell, a lawyer
and friend of the plaintiff, and hostile to Judge Hargis in that contro-
versy, was, and took a certificate. I don't know that he was the man,
but Johnson not being there, as shown by this record, and Mitchell
being there, and residing in the same town with Johnson, I infer that
he is the man that took that certificateand sent it to Chas. E. Johnson,
who had it published. At any rate it was done. The defendant was
not present. He took no part in the obtention of that certificate of the
27th of May, 1874, signed by Judge Roe. What was in that I will
read so much as pertains to the certificate: "I do recollect of his
getting a certificate of honesty, probity and good demeanor at a special
term of the court in the spring of i866. I -had gone to Morehead to
make some administrators' settlements, and wvas called on to hold this
special term. " Who- by, Judge He does -not say, but the inference
is natural, as he granted the certificate at that special term, that he was
called on by Judge Hargis or some one else to grant his certificate at
that special term. Now he gives the circumstances under which he
went to Morehead-that he had gone there to make some administra-
tors' settlements. He says in that same certificate : "I gave him a
certificate at the house of Col. Hargis, where I held the special term.
Now we maintain thar Judge Roe was just mistaken in these two points:
that the term was held at the house of Col. Hargis, and that it wvas in
the spring of I 866. That it was at a special term there can be no ques--
tion. He gives the circumstances under which he went to Morehead,
and it was not at a regular term of the Rowan County Court, held upon-
the third Monday at that time. His certificate lhaving been talked
about at the house of Judge Hargis, he inferred it had been written
there, instead of at the clerk's office where they wvent from the hotel, as
proven by Judges Hargis and Alley. Right there let me say, gentk--
men of the jury, that when Judge Roe gave that certificate to a man
like Thos. W. Mitchell, unfriendly to Judge Hargis, when Judge
Hargis wvas not present, and was not aware of its having been executed
until it was published in the Maysville Eagle, he is there pinned to a
statement of fact which is forever damaging to plaintiff's present theory
that the certificate to Judge Hargis was granted at the regzdat tern in
May, i866. The'man who granted the certificate, signs his name to a
statement and permits it to go to the public in plaintiff's paper (and from
that day to the day of his death does not deny it), that he granted the
certificate at a special term. We did not make him say that. Mr.
Larew has repeated and reiterated here for hours at a time as to what
people have stated in certificates, which he says they were made to
state in that way by Judge Hargis, as though the farmers in Rowan
county were machines, upon which Judge Hargis has nothing to do
but play-that they were all instruments in his hands-with no free
agency whatever. This is one certificate that Judge Hargis did not get



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