Kentucky Lawyer

Battle of San Juan Hill

9 Kentucky Lawyer have the slightest doubt of its being your ring, or rather, the one which your husband paid twelve thousand dollars for.” She again took the ring in her hand and more positively than ever reaffirmed her identification. The lawyer then took it from her, walked to opposing counsel’s table and laid it down in front of him with the remark, “You can have it; it cost two dollars and twentyfive cents.” Everyone was stunned. All of us had been completely taken in. I have never learned the true state of facts about this ring. I believed the witness was telling the truth. I could not make inquiry of Mr. Sanders as I was trying the case. If some day the mystery of the twelve thousand dollar ring is revealed, I may yet learn what happened. The opposing attorney was, of course, disappointed because he did not get an opportunity to subject this valuable asset as a credit on his judgment. Battle of San Juan Hill The following story, while not eactly identified with the profession, is about one of the most important functionaries and office holders in the legal system, the county jailer. These men of each community are almost in a class by themselves. As a rule they are rather vivid personalities whose chief claim to qualification for office is their wide acquaintanceship and friendly nature. Formerly it was not a bad office to hold. The emoluments included a house to live in, a steady income from the county for the care and maintenance of the courthouse and a per diem for all pris- 0 Mac Swinford oners. I can recall several years ago at election time in my county, there were always as many as five and sometimes eight and ten candidates for the office. The subject of our story is the late Fes Whitaker of Whitesburg, Letcher County, Kentucky. Fes was well known and well liked throughout that eastern Kentucky county. He had served as jailer of his county for four years and was running for re-election. He had stiff opposition and his resourcefulness was being put to a severe test. He, however, appeared equal to it. The mountain section of Kentucky in those days was overwhelmingly Republican in political compleion, and Fes, as a staunch partisan of the Republican faith, identified himself with the late, colorful and popular Theodore Roosevelt. According to Whitaker, he and Teddy had been bosom friends in the United States Army during the Spanish-American War. They had bunked together in Cuba and were inseparable . Then, as now, and I suppose as ever, military service enhanced a candidate’s chances of being elected and emphasis was placed upon the slightest evidence of heroic sacrifice and service under the flag. Fes eploited his career as a soldier and closeness to the former Republican president to the fullest. He gathered crowds around him and told of their hardships together . Then he would come to the clima of his story. “I shall never forget,” he would say, “the day of the Battle of San Juan Hill. Teddy and I in our pup tent had spent a sleepless night. We knew that our country’s honor was at stake and would likely be determined on the following day. On the morning of the battle the lines were quickly drawn, supporting cannon was heard from our Navy in 1 Kentucky Lawyer the bay. The enemy advanced, but our lines held and then came the bayonet charge of our soldiers and the break in the ranks of the Spaniards. The retreat became a run and finally a disorganized rout. Teddy and I, side by side, our horses neck and neck, galloped up San Juan Hill. When we reached the top we could see the enemy fleeing toward the sea with our men in hot pursuit and we knew that the day was won and victory was ours. Suddenly I saw Teddy jump from his horse. I followed suit. There lying on the ground before us was the flag, our American flag that had been trampled under the feet of the disposed enemy. Teddy picked it up and secured it to the flag pole and together we raised it high in the air. It was a wonderful sight, my fellow citizens, to see Old Glory floating and lashing in the breeze. We stood silently and drank in the beauty...