The Tupelo journal., 1906-04-13

pEN.pITURES OF THE OLDEN TIME
BY COL w L. CLAYTON.

speak of some of the lawyers who
used to visit Fulton at the time
l began the practice of law. 1t
was the custom then for certain
prominent lawyers of Aberdeen,
Pontotoc and Jacinto to attend
regularly on the circuit courts at
Fulton, and occasionally one came
from Columbus, Ripley and
Houston. The journey was made
on stage, in buggies, or on horse
back. | remember to have seer
both Gen. Davis and Gen. Gholsor
come into Fulton horseback from
Aberdeen Immediately after the
courts opened up after the close
of the war.
| The first one of these lawyers
about whom | shall write is Gen.
Reuben Davis, and of him | will
doubtless have more to say than
any of the others, for he was
thegreat criminal lawyer of Miss.
issippi, and always for the de-
fense. He was a tall man, some
what round shouldered, large
ball head, prominent nose, and
| think the most piercing gray
eyes | have ever seen on human
face. He was not a classically
educated man, but had a good
english education. He was ed
ucated for a physician, and prac-
ticed for short hand, and his
first wife called dock" to the
day of her death. Hoping to do
better at law than at medicine.
he perused Kent and Blackstone
and Wharton. and was admitted
to the bar. The court house in
Monroe county in those early
days was at Quincy, and there
Gen. Davis, but who was not
then a Gen., owned a log cabin
for his home, and his wife cooked
his meals, and he himself said
to me those were really the hap
piest days of his married life.
Soon the court house was moved
to Aberdeen, and having ae-
cumulated a large amount of
money by his practice, he built
him fine old fashioned house
something over a mile from the
city Of Aberdeen, where he lived
till the time of his death, at
about eighty five years. Gen
Davis was the most splendid
criminal lawyer in his palmiest
days of any it has been my for
tune to have known. From as
for back as 1916 | knew of him
as always being retained for the
defense in all important murder
trials He refused to prosecute
any man in those days, and up
to the time he lost prestage on
account of his age. He was a
fine judge of men. and never
forgot anything he had ever
learned of men or things. He
could come as near choosing the
right man in the right place,
and made as few mistakes in
the management of case as
any lawyer | have ever noticed.
He had a mack of placing the
evidence in a case before the
jury in the most favorable way,
and seemed to know just when
to stop questioning a witness.
When he appeared before a jury
to argue the case, his manner
always indicated that he felt
the responsibility of having the
life of a human being in his hands
and whatever he thought nee
essary to be said and the manner
in which it should be said, was
done. / have seen him talk to
the jury for hours with the tears
dropping off of each cheek as he
walked back and forth before
them. 1t used to be said even
by lawyers that Gen. Davis was
a fine criminal lawyer, but that
| he was deficient in the civil law
| Ny estimate of him, however,
is different. It is true he had
more criminal than civil cases;
but Reuben Davis was man of
! big brain, a fine all round lawyer,
and when he placed his mind
and thought on any case thor
oughly, he came as near going
to the bottom of it as most men.
! But his special tact was in judg-
4 ing jurors and in placing before
ljuries3in the most advantageous
| light the evidence in the cause
| and then in his weird and canny
way Of holding up the case be-
fore the jury. IkneW very much
of Gen. Davis and saw him often
before | met him at the bar.
| remember of him as for back
as 1847 or 1848, in the trial Of
| the case Of Scaggs on a charge
of the murder of Lenas Smith.
4 The killing took place in 1876 at
Scaggs house, and if Scaggs and
his wife had been competent
witnesses then as now there
would never have been any
trouble in Scaggs securing his
acquittal; but as it was then,
there were two trials, and in the
first Scaggs was found guilty Of