ARGUMENT OF HON. HENRY L. STONE.
ity, and good demeanor from the county court of the county of his
residence. The court has instructed you as to the certificate as follows:
" The law in i866 made it necessary, before a license to practice law
could be granted, that the applicant therefor should first obtain from
the county court, of the county of his residence, a certificate that he was
a man of honesty, probity and good demeanor, and that such certificate
should be produced or presented to the judges to whom the applica-
tion for license was made. No special time was necessary within which,
after the obtention of the certificate, it should be so presented to the
judges to whom the application for license was made. In this case the
jury are instructed that the signing and granting of the license to defend-
ant by Judges Andrews and Apperson is to be regarded by them as con-
clusive evidence that the requisite certificate of his honesty, probity and
good demeanor had been theretofore obtained, and presented or pro-
duced by him to said judges; but not as to the particular day or time
when said order of the County Court of Rowan was made. "
Thus under that instruction it is not a question as to whether Judge
Hargis ever had such a certificate. You are not to inquire as to whether
he ever obtained such a certificate. The court, has said to you that
the license itself is conclusive upon that question, and the only
open question under that instruction is the time whenl he obtained
such certificate. The gentlemen who tlave argued this case so far
for the plaintiff have undertaken to show to you that it was neces-
sary for that certificate to be recorded. I deny it. The court has not
so told you. These same gentlemen struggled hard to get such an,
instruction, and they know it was oveLruled.. The county judge cam
call his court in session at any time and hold a special term. The
orders and proceedings. at special term, and the acts of the judge
thus performed, are as binding and obligatory and as conclusive uporb
the rights of parties as if made at a regular term. I believe the only
two things that a county judge cannot hold a special term for are the
granting of tavern license and the probate of wills. It is conceded that
the defendant was sworn into the circuit court upon the 28th of August,
i866. I maintain from the evidence in this case that five propositions,
which I will undertake to discuss, have been established:
First. That the defendant obtained his certificate prior to the first
day of the February Term of the Rowan Circuit Court, 1866.
Second. That Judge Andrews signed his license upon the night of
the 26th of February, the first day of the February Term of the Rowan
Circuit Court, 1866.
Thiid. That Judge Apperson signed his license at Grayson upon the
2d day of April, the first day of the April Term of the Carter Cir-
cuit Court, i866.
Fourtk. That he was sworn in on the 2ist of May, at the regular May
Term of the Rowan County Court, 1866, as an attorney at law.
Fifth. That he practiced his profession as an attorney after the May
Term of the Rowan County Court, i866, and before the 1st day of-
August, i 866.
Befbre going into a discussion of these propositions, I desire to calt
your attention to the preceding history of Judge Hargis. We learm
from this record that he was born in the county of Breathitt on the
24th day of June, i842. Among the rugged mountains of Eastern
Kentucky, without any of the appliances of wealth, or influential and