Kentucky Lawyer

Voices in the night

 Mac Swinford During the course of the meal my father said, “Judge Humphrey, is it true that you were once offered an appointment to the Supreme Court of the United States?” I shall never forget the reply of this perfect gentleman: “Mr. Swinford,” he said, “I appreciate the compliment in your question, but I have always heard that when a young man asks a young lady to marry him, she should either accept his proposal or never tell that it was made.” Voices in the night The Estill Springs meeting calls to mind another incident that occurred there, but which I did not hear about until some years later from Mr. John P. McCartny of Flemingsburg . Mr. McCartny was a very able lawyer; his home and main offices were in Flemingsburg, but he had partners or associates in Carlisle and Mt. Olivet. He also practiced etensively in Mason, Bracken and Bourbon Counties. He was of medium height, of slender build, and never showed the slightest trace of veation—even when things were going against him in hearings on motions or in the trial of a case. County courthouses in the days before television, radio and all-day movies were the places where citizens looked for drama and ecitement. It was about the only place, ecept church, where people in a country town could go for pleasure and enlightenment. When a term of court was in progress, the courtroom was usually well filled with spectators. Lawyers were watched with interest, and their names, for a time at least, became household words in the community. Their reputations were made  Kentucky Lawyer by the way in which they conducted themselves in the courtroom. Mr. McCartny’s courtly manner and temperament fitted right into this type of advertising. While not intentionally “playing to the stands,” he must, nevertheless , have been at all times mindful of the presence of an audience. He would argue his points on demurrers and motions vigorously. If his position was sustained, he bowed to the court and thanked the judge for his ruling. If he was overruled, he bowed and thanked the court with equal graciousness, and smilingly took his seat. To the lay onlookers, who neither clearly heard nor understood the legal technicalities and language used, he was successful even when unsuccessful. They would nudge and nod to each other and impliedly say, “Well, John’s won again.” They would leave the courtroom definitely convinced that if they or their families or friends ever needed a lawyer, John P. McCartny of Flemingsburg would be the best they could find. They had watched him in court for an entire day and he had never lost a single point. But let us get back to the bar meeting at Estill Springs. Mr. McCartny said that he had arrived at the hotel early in the afternoon before the meeting, which was scheduled to begin on the following morning. He was shown to the room for which he had made a reservation many days in advance. It was an attractive and comfortable room with a double bed. Having settled himself in his room, he went to dinner and was soon having a most pleasant time, renewing old acquaintances and friendships as the other lawyers arrived.  Mac Swinford At ten o’clock he retired to his room, for he was a man of regular habits and no vices, and he wanted to get a good night’s rest in anticipation of the morrow and an interesting program. He had hardly gotten to sleep when he was awakened by a noise outside his door—a knock and someone calling his name: “John, wake up and let me in!” He went to the door and found that he had been awakened by the voice and knock of Judge Richard P. Stoll of Leington. Judge Stoll, one of the most delightful and personable men at the bar and one of the best judges who ever sat on a Kentucky bench, had been enjoying the fellowship of congenial friends and convivial entertainment . To say that he was slightly under the weather would have been something of an understatement. The Judge eplained that he had failed to make a reservation and had no place to sleep. He was of course cordially welcomed to share Mr. McCartny’s double bed for the remainder of the night. Judge Stoll was a man of...