New-York tribune., 1911-01-08
John Marshall Harlan Tried
to Kill Horace Harmon
Lurton with a
Cannon Ball.
By JAMES b. MORROW.

A cannon was on a bluff. half a mile
away from the banks OF the Cumber-
land II was trained upon wagon in
the middle OF the river.
John Marshall Harlan. now associate
Justice Of the United States Supreme
Court then colonel Of the 10th Ken
lucky Infantry, was in command of the
gun. He was a long legged, blue eyed.
big nosed and distinguished looking man
even then.
In the water. on horseback, Just behind
the wagon, rode Horace Harmon Lurton,
private in the Sd Kentucky Cavalry. now
also an associate justice of the United
states Supreme Court His eyes were
gray and his chin was almost as wide as
his head.
The 10th Infantry was Federal. The
% Cavalry was Confederate. Colonel
Harlan was trying 10 hit Trooper Lur-
ton with a cannon ball The shells
,plashed so near that the drivers cut
the tugs and fed with their mules. leaV-
irg the wagon in the water. Private Lur-
ton. rear guardsman, followed as quickly
as he could.
So began. az long range, the peculiar
nc1uaintance Of two great Kentuckians.
Torty-sevsn years after Harlan attempt
ed 10 XIII Lurton with cannon ball they
Sat in black robes, also In friendship and
forEstfulness. on the bench Of the ma
tons highest court
In Frankfort. one Sunday morning
James Harlan and his son, John Mar
shall Harlan. were on their way to
church Fifty negro men and boys,
chained in pairs at the wrists came
shutting down the street Sold away
from their wives and mothers, they were
bound for the river. where they were TO
he shipped 10 the cotton fields OF the
South. An armed slave driver marched
IN front James Harlan halted. When
the slave driver came abreast, James
Harlan walked into the street He was
tall man, like his son, and could look
very fierce. Sticking his index finger
almost into the face Of the slave driver
he roared. you are a damned scoun-
drel. Good morning, sir
Whereupon the Harlans went TO
church. Judge Harlan is a Presbyterian
elder. THAT was the only time" he
said when telling ne OF the incident
L ever heard my father swear" The
emphasis he gave 10 his fathers remarks
seemed TO indicate that profanity, in
his opinion. was excusable and even the
Clogical under the circumstances.
Gsne-ically therefore, John Marshall
Harlan was a Union man. He raised the
10th Kentucky Infantry and became
colonel Of the regiment, although he was
q lawyer and not soldier by profession.
Shooting at Lurton. therefore, was Il
preiseworthy performance.
The elder Lurton was Lycurgus l., q
physician. When the war broke out he
put his family into d carriage and started
South. lie had lived at Newport, I'm
Kentucky OH the Ohio River, not far
frCm Cincinnati. There Horace Harmon
his son. was born. From Newport the
LurteHs moved TO Louisville, and thence
10 Clarksyle, IN Northern Tennessee
4 wanted 10 enter the army, the Con-
frderate army" Mr. Justice Lurton SAID
tome putting considerable stress on the
word Confederate, but my father
stopped me temporarily by his vigorous
opposition. He thought / was only a
small boy. but / was seventeen years
old and had begun going with the girls.
When j received o hoopskirt or TWO
gentle hints from somebody that my
duty was al the front, felt that ] should
he disgraced forever If 7 didn't fight
While We were in carriage on our way
toward the Confederate lines during the
fall ~ 1861. We came upon a body oi
soldiers and SO J jumped out Efforts
were made 10 get ne back, but ! re-
maiped where / was and Joined the Flith
Tennessee Infantry as a private.
Late ip January. 1852. ! was sent
hsme sick. General Grant started to IN
Ycsl Fort ponelFon on February y. Fof'
bouolson was in the county west oi
'Hrksrille where my parents lived.
thought that Generals Floyd. Pillow and
Fuckner, who We're IN command Of the
Confederate forces. would whip Grant