Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1903-07-25
INTERESTING DOCUMENT
Which Bears on Early Life Of
distinguished Jurist.
UNABLE TO PRACTICE HERE
He Goes to Kentucky, But Returns and
Rises to the Bench in His Native
County.

A newspaper man ran across docu.
ment in the Office of the clerk of the
Circuit court, which is of more than
ordinary interest in illustrating the
peculiar conditions which existed in
legal circles in Martinsburg Immedia-
| tely after the close Of the Civil war.
The document in question is GER
tificate issued to. r. Boyd Faulkner
bvJudge L. P. W. Balch, then pre-
siding over the Berkeley Circuit
court, and whom many of the older
residents will remember as an uDcom.
promising Union man during the war
between the north and south
| In those days it was necessa nv for
an aspirant for legal career to go be-
fore the County court and secure from
the members what was termed Ger.
| tificate. which was then presented
with the embryonic attorneys appli-
cation for license to practice law.
| 1t was necessary to get this certificate
before he could qualify before the bar
At the close of the war e. Bovd
! Faulkner returned to this. his native
place. and endeavored to take mp the
practice of law as means of liveli-
hood He had been strong supporter
of the cause of the southland during
| the great conflict, and found in this
place much bitterness and hostility
toward those who had worn the gray.
| He made an effort to secure the re-
quired certificate. in order to qualify
as an attorney, but found the way
rath er difficult At that time there
+, was no County court in this county,
J and he was compelled to go before
Judge Balch to obtain the necessary
paper. 1t was during the time when
Governor Stanton, Of Ohio, was a
very prominent member of the Mar
tinsburg bar, and the DISTINGUISHED
Ohioan interested himself in young
Faulkner and made repeated efforts to
secure for him the necessary GER
tificate from the Judge of the Circuit
court. Only after several efforts
was this successful. but finally Judge
Balch handed the following to Young
Faulkner in the court room one dav,
with a gruff comment:
Martinsburg. w. Va, Dec. 8. 1865.
On motion of E. Boyd Faulkner,
u native and resident of the coun.
| ty of Berkeley, West Virginia. who
desires to present himself for admis-
sion to the bar of this state. here
by certify. in addition to his resi-
dence. he is over 81 years of age and
of honest demeanor, unless the fact
that he has been an officer in the reb
ell armv may be regarded as affecting
his demeanor.
The clerk will issue a certificate.
l.. P. w. Balch.
The story is told of Judge Faulkner
that he took the certificate and thank
ed Judge Balch for adding to it what
he believed to be the strongest part of
the document--the comment upon his
connection with the army of the sonth.
After young Faulkner secured his
certificate he found an insuperable
barrier to his abmition in the test"
oath required from all who had been
members of the cnnfederacy. so he left
Martinsurg for tire then Young west
with the intention of locating in Kan
sas City. When he reached Cincinnati.
however. he met the famous Valland-
ingram, who advised him to go to
Kentucky. He did so, and practiced
there for wears, until the necessitv for
the Objectionable oath was removed,
when he returned to his native place
While in Kentucky Judge Faulkner
formed two partnerships-one with the
judge who presided over the court in
which he won his first legal victory,
and the other with young Kentucky
belle. The latter partnership was
made with the aid of young Mr..
Cupid, ard endares to she present
time. A noteworthy feature of the
interesting event is the fact that the
Young rebel Of go now presides over
the court where he was prohibited
from practfeing law ~ wears ago.
The certificate in question is a matter
of record in the office OF the clerk of
the Circuit ennrt, and is believed to
be the only document of the kind so
recorded. Mr.. Gerhardt discovered
the original document several years
ago, and tureed it over TO Judge
Faulkner, who now has it hanging in
frame in his library, as a reminder
of the early DAYS of his career.