The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-04-28
JOE DAvIESS' GREATEST EFFORT.
Argument ofthat Eccentric Lawyer
In Behalf of Bill SmOthers. the
Greeu.Riyer Hunter and Pioneer,
OnTriaI for Murder.

on Trial Tor N urutr.
From Senator McCreery's "reminiscences.
Hon. Thos. c. McCreery, [. ). Senator
from Kentucky, lately published series
Of papers in the Oswensboro ho~tor, on
EarIy "Reminiscences of Oweusboro belu Z
the biography Of Bill Smothers, noted
character in the early history OF the
Grc,n-river country. In the following
sketch Senator McCreery gives an out
line of the famous speech Of lawyer Joe
Davies. one OF the most brilliant yet
eccentric men among kcntucky's famous
SON. There are but few "reminiscences
orthis eloquent man eXtant; and Senator
McCrecrv's paper j. a contribution 10 the
history Of the State.
lie call, this speech the greatest foren-
SIC effort of DAVIES career. 1t was n
p}en for a friends life Smothers being on
trial for the murder Of man who had
insul,ed hi, sister; and while the report
j., only a sketch Of the argument rs oral.
~ handed down from those who heard
t. It will be found to evidence, not only
the cloquence ofthe pioneer lawyer but
the eccentric fashion Of his mind. Bill
Smothcr~ was then living in cabin near
where Owens boro now stands, and the
.tory open. at his home:
1t was It sultry evening. The last rays
of tn, setting sun were playing upon L
bank Of cloud fringng IT, outline III pur-
nile and cold. Smuthcrs and his sister
sat upon the door steps, enjoying the
cool air. and silently aimirlng the gor-
reou- splendor of the scene. Unnotlcrd
ty them a keel boat had made fast to the
landing. and seven ofthe men were al
ready in the ward. The foremost, man
bv the of Norris, was Of llcrcu!cau
proportions. and it was the boast Of the
crew that he had never met u match IN a
fs,icuir from Louisville To New Orleans.
Miss Molly left the side of her brother
and entered the house When they ap.
preached. Smothcrs rose from ms seat ana
invited them TO walk in, They lnduIS-
cd themselves III such freedom of re-
mark. that Miss Molly concluded she
could not remain with pr0prIety, and ran
to the house of Felty llusk. Smoihers,
who had not observed the absence Of his
sister. demonstrated with them in mild
hut very decided terms upon their unbe-
coming and unworthy behavior, insisting
tina, "a family under their own roof were
entitled To more respectful treatment.
The iirmness OF his manners and the truth
of what he said, made an impression
upon the bOutmcn Six Of the number.
on leaving the house, called upon Norris
To come and 90 10 the boat He told
them 10 90 on. and that he would be
along directly But he never went. In
the dim twilight, smother saw ten or
twelve Of the crew ascending the bank
in a line to his house. Retreating by the
back door. he concealed himself in bed
of Strawberries. which grew in his garden.
When they entered. AMI bcheld the life
les, body of their comrair and friend, cN-
tended upon the floor, with the warm
blood still tricklng from the two CHASTITY
wounds, their rage and Indignation knew
no bounds. They threatened to hunt for
Smorhcrs until they found him, and to
-Iay him on sight Pcrcciving that they
were searching and ransacklng the house
and expecting them in the garden, he
left his hiding place, land spent the night
in the woods. At daylight on the next
morning he knocked - the door of Ben
Duncan, Etc, who lived on Pup creek
ten miles above YcIlowbankS. lie IN
formed Squire Duncan Of the nature o.
the charges which had been made agaisnt
him on the night previous and demanded
a judicial investigation. Squir' Duncan
summoned the boatmen as witnesses
and opened his court ofinquirv. In an
syrr 1, the summons the crew came IN u
N.Jy to the house of the Justice Many
,st6em were armed, and declared it to
he their intention to SEIZE the prisoner
and rang him to tree. BI: tue friends
of Smnthcrs were there, and no man had
more friends or trucr friends then be-
had They told the boa,men If they
..o.o.I the ball in blood, that the sun o.,
tia. dav would shine on many % corpse
l1,, SrI,-bers had surrendered himself
g. the officers of the law, and Mas p.'>-
ourr: TINT thew could give their evidence.
# they had any, but if Il hand was 'a'''d
in violence that they would resist II 10
TIA" death. a. they were prepared u
make good their words the examination
went ON smoothly and quietly. me
court decided that the oticnSc was halla-
Bile; and required Smothers to give bond
and security for his appearance on the
hr>t day OF the next term OF the Ohio
Cw,ut Court. The bond was immedia-
iry Hlrd 10y the prisoner and number
OF securities, and after rocogniZin" the
witnesses, the court adjourned. Snothcrs.