TIP #359: CODE DUELLO The backwoods pioneers were by most standards, rawboned. They worked hard, played hard and had little time for the more polished and genteel ways known to many of their ancestors in the formal balls of Virginia, the cultured manners and the fine clothes. But during the 1800's, little by little some of the gentleness and cultural traits attempted to make their appearance again. Whereas in the past, many a quarrel was settled by a gunshot blast, the men now turned to a more refined way to settle their differences - the duel. Gentleman of noblest title considered this the proper way to settle disputes. Why it was much more cultured than the rough and tumble fights, when the sometimes drunken pioneer would end the dispute with one shot! A gentleman simply demanded satisfaction from another gentleman in a duel. The argument might have not even borne merit, but once challenged, one would be considered a total coward if the challenge was unmet. It was expected that the duel would end in death for one of the parties. It was always considered a shame if the wrong party died, but again, that was life. There were definite traditions or rules that must be adhered to. The person whose honor had been shamed sent a note, challenging the offender. This was normally delivered by a friend. He offered the choice of place where the duel would be fought, the choice of weapon and the date and time. Normally, a spot was chosen in some quiet out-of-the-way spot where the general public could not observe the duel. Each man had a second (or seconds) and if possible, a physician. The men met to draw up the formal agreement as to how the duel was to be handled, not detail was too small to be overlooked. Pistols were the weapons of choice; ten paces (30 feet), the normal distance the men strode from each other; only when a greater distance was chosen would rifles or shotguns be used. Every detail was carried out by a code of honor since there was nothing formal in writing in early Kentucky history. The principals followed the long traditions of Virginia, Maryland or the Carolinas. It was carefully considered that both parties were on the same social standing. If one of the participants were of a lower social standing, it was looked down upon. If the challenged person refused the duel, he was "posted". This means that handbills were distributed around town proclaiming him a coward, a wretch or slanderer. Thus, one was shamed into fighting the duel if one's reputation was to survive! Many of the individuals involved in the duels already owned a set of dueling pistols as this tradition had been carried on for generations. The cases holding the pistols were sometimes mahogany, contained not only the pistols but the powder measure, bullet molds and ramrods. These were treasured by the family and passed from generation to generation. The first recorded code duel was recorded on 1 August 1790 in what became Danville - before Kentucky became a state. Captain James Strong and Henry Craig were the participants; Captain Strong was shot in the right groin, leaving a mortal wound. Mr. Craig was struck in the thigh but survived. In 1794, in Garrard County, General Thomas Kennedy became involved in a duel. He was a very well-to-do Virginian and owned a large plantation in Kentucky. William Gillespie was a cattle trader from Madison County, and after a business deal went sour, found themselves involved at 30 paces. Gillespie was mortally wounded and Kennedy escaped injury. By 1799, the Kentucky Legislature was taking the first steps to bring dueling to a halt. They passed an act entitled "An Act more Effectually to Suppress the Practice of Gambling & Dueling", and levied a fine of 150 to 500 dollars for violations. Even prison terms were added, and the offending parties were barred from holding public office for 7 years. But ... Judge John Rowan, a very noted judge of Nelson County and Dr James Chambers, a young physician met face to face on 21 January 1801. The meeting was at Duncan McLean's Tavern in Bardstown - just a friendly evening of beer drinking and card playing. After playing a game of vigutum (twenty-one), with bets flying, the two gentleman came to a major disagreement. Name calling followed, becoming more heated with each round, then a fist fight, and two days into the game, a duel was arranged. They met 3 February 1801 at dawn on Jacob Yoder's plantation on Beech Fork. Both swung around and fired, but neither bullet found its mark. A second fire ensued and Dr. Chambers fell to the ground with a ball in his chest. He died at his home before but a few hours of the next day had dawned. Judge Rowan was then tried for murder after an immediate arrest. But, after hearing testimony, the magistrate found insufficient evidence to take the matter to the Grand Jury and Rowan walked out a free man. On 30 May 1806, Major General Andrew Jackson took his place in the dueling history hall of fame, along with Charles Dickinson, at attorney from Nashville, TN. They met at Harrison's Mills on Red River in Logan County. This duel was caused over a horse race involving Dickinson's father-in-law, James Erwin who had lost $10,000 to Jackson in a wager. Dickinson had made questionable statements about Jackson's wedding with Rachel Robards. As the story has been told often, Lewis Robard has obtained a bill to permit him to be divorced from Rachel. But, he did not follow through with the court action. Andrew Jackson and Rachel had become engaged and assuming that the divorce had gone through, were married by a Catholic priest in Natchez in 1791. In Harrodsburg, at the Court of Quarter Sessions in 1794, the divorce was finally granted but by then the scandal had grown to gigantic proportions. On 21 May 1806, a card was handed to the editor of the Nashville Review which declared General Jackson a "worthless scoundral, a poltroon and a coward." Jackson challenged Dickinson the next day, was accepted and it was decided to use pistols at 8 paces. Jackson took a hit in the left arm but didn't drop making Dickinson think he had missed. A second shot was called for; but this time Jackson's pistol jammed half-cock. He was allowed to try again since this wasn't considered a true fire. Jackson fired again; Dickinson fell backwards to the ground with his friends rushing to catch him. He died an agonizing death that night about 9 pm. When Jackson as checked it was found he had been hit, inches from his heart, breaking a rib and grazing his breastbone. He suffered from that wound until his dying day 40 years later. To avoid the Kentucky penalty of not being able to serve in public office for 7 years if found dueling, the gentleman evaded the law by holding their duels out of state. Henry Clay (a member of the Kentucky House at the time) went across the Ohio River to Indiana (Floyd County) to act out his gentleman's duel with Humphrey Marshall on 19 Jan 1809. This dispute had started in the House itself as Marshall was also with the KY Legislature. Dr Frederick Ridgely was in attendance for Clay and Marshall likewise had a physician with him. Clay's first shot grazed Marshall; a second shot snapped from the pistol and was a wild shot. On the third fire Clay was wounded and his seconds ordered the duel to stop. Even the physicians assisting at the duels occasionally became involved. Two physicians of Lexington, Drs Dudley and Drake became thus engaged in 1818 over the autopsy of a Irishman. These two doctors, trained at Transylvania, had been at odds for several months and this was the catalyst. On 5 Aug 1818, the surgeons and their attendants met at a dueling grounds in central Kentucky, about 6 ½ miles northwest of Lexington. The pistols fired and the smoke cleared. Dr Dudley was untouched; Dr Richardson fell, seriously wounded and bleeding heavily; an artery had been severed. Dr Dudley stepped forward, he who had shot the almost fatal shot and offered his services as Richardson was near death. He saved his opponents life. Frankfort, KY, 4 July 1819 - Independence Day plus 43 years. Three local military companies and many citizens were in Cove Springs. The companies took the field and began a show-off muster. To men, Jacob H Holeman (a newspaper man from Frankfort) and Francis G Waring (also of Frankfort), were in Captain Alexander Rennick's company that day. Both were "strutting their stuff", showing off proudly. Then Holeman's dog trotted onto the field closely behind his owner's heels. Officer Warring became distressed and angry and killed the dog. A fist fight broke out immediately; and a duel was challenged. On the 16th of July, they met on the farm of Rev. Silas M Noel and pistols spat. Waring fell forward; the ball from Holeman's pistol entering his right breast. He died immediately. Jacob H Holeman and his second, Wilson P Green were tried in the Franklin Circuit Court for the murder. They were found "not guilty". 9 March 1829. Charles Wickliff, son of Old Duke Wickliffe, shot and thus killed Thomas Benning, editor of the Kentucky Gazette. The trial was set for 30 June 1829. Wickliffe went free. George James Trotter, son of the fallen editor, took over the paper. He became angry over some publicity on the trial, and felt he needed to defend the honor of his late father. Thus, a week later, he published a formal challenge to George J Trotter who accepted the challenge. Captain Henry Johnson and Dr James Ritchie were seconds to the parties and the duel proceeded Both men shot and neither bullet found its mark. A second fire was demanded and Wickliffe was mortally wounded and died some 3 hours later. Despite laws to the contrary, the duels continued. On 15 May 1841, Cassius M Clay and Robert Wickliffe Jr of Lexington met on the fields in Indiana. Flintlock pistols at 30 feet were chosen, and after 2 rounds, no one was injured. The matter was solved peacefully by the seconds. On the 17th of January 1848, Lt. Roger Hanson of Clark County and William M Duke of Scott Co met on the dueling grounds in Indiana, opposite the mouth of the Kentucky River. 3 rounds were fired without incident. On the fourth fire, Hanson had his left thigh broken, laming him for live. This duel was over a young lady, Caroline Hickman, who later married the challenger. Captain Henry C. Pope and John Thompson Gray, lawyers from established families, met in Louisville. Pope was just returning from the Mexican War and was engaged in a game of cards at the old Galt House. The drinking was heavy and a knife was drawn by Pope threatening one of the other players. Gray threw the knife out the window and loud talk resulted. After more insults, a fight ensued on the front yard outside the hotel. Captain Pope felt that only a duel would solve the matter and they agreed to meet in Indiana across from Six Mile Island on 14 June 1849. When the guns fired, Pope crumbled and fell backwards; the ball had broken his thigh into pieces. He was placed in a boat and was rowed to Louisville. His second, Dudley Haydon attended him but Pope was said to have laid down and died without a struggle." John Thompson Gray survived untouched but his reputation for killing one of Louisville's most popular young men drove him from Louisville and took him back home to Maryland. He came back to Louisville in the 1850's but forever bore the shame upon his reputation. William T Castro, a popular lawyer and the mayor of Maysville was arrested in the early months of the Civil War for aiding the Confederate States of America. He was taken to Fort Lafayette, the Federal prison in New York Harbor. When he was released in February of 1862, he returned to his home in Mason County, KY. Colonel Leonidas Metcafle (son of former Governor Thomas Metcalfe), was a Colonel in the U S Army stationed near Maysville. He was the one who had arrested Castro and others and after many hard feelings, Castro demanded a duel and so informed Metcalfe. The duel was fought 8 May 1862, and Metcalfe was living dangerously since he was an officer in the Army. They went to Bracken Co, and Colts 56 caliber revolving were chosen. Only one chamber of the weapon was loaded. Each man was examined to be sure they weren't wearing armor underneath their suits. Castro sank to the ground upon the shot, the ball entering under the heart. He only lived 15 minutes. The last few duels came at the end of the Civil War. The Desha-Kimbrough "affair of honor" was fought on the James K. Duke farm near the Scott-Fayette Co line 26 Mar 1866. Both had a lot to lose - they were both Harrison County boys; they had gone to school together; Joseph Desha being named for the ex-Governor of Kentucky. He was a Captain in the Confederate Army. Kimbrough was a Union man, a sergeant in Company K, 4th KY Volunteer Army. The duel took place after a quarrel and fist fight in Cynthiana, KY in February 1866. Pistols at ten paces were chosen and on the 26th of March they met at the above dueling grounds. (The Dudley-Richardson duel had been fought here the previous August; the Trotter-Wickliff duel was held there in March of 1829 and the William O Smith and Thomas H Holt duel in 1849.) Major William Long was the second to Kingrough; Dr W B Kean his surgeon. Desha picked his cousin, Lt. Col. Dr Hervey McDowell of Cynthiana for his second and Dr John Burk of Lexington for his physician. They used Henry Clay's dueling pistols - fine specimens made in Sheffield, England. A coin was tossed for the choice of position and Dr Hervey McDowell won. Another toss and the same man was allowed to give the word. On first shot, no one was hurt. On second fire, Kimbrough fell forward and fell face down, shot in the hip. Desha was unhurt. The duel was finished - Kimbrough suffering the rest of his life from a bad hip where he had been shot. I might add that a few years back, I was present at the swearing in of a judge here in Barren County. The wording has never been changed - he had to promise not to be engaged in a duel! In addition to swearing to support the constitutions of the United States and Kentucky, they must take another oath: "I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this state, have not fought a duel with deadly weapons, nor have I acted as a second in carrying a challenge, nor aided or assisted any person thus offending, so help me God." According to the Courier-Journal Website, between 1790 and 1867, 16 people died from dueling; the victors were never punished. Sources: The Statute Law of Kentucky, Frankfort, 1809-1819, Volume II, pp 284-258 A Kentucky Sampler, Essays from the Filson Club Quarterly, 1926-1976, Lowell Harrison & Nelson Dawson. J Winston Coleman, Jr., Famous Kentucky Duels, Frankfort, 1953, pp. 2-14. "Famous Kentucky Duels" by J. Winston Coleman, Jr.; "The Kentucky Encyclopedia"; "The History of Dueling In America" (http://www.pbs.org/wgbh/amex/duel/sfeature/dueling.html). (c) Copyright 27 Oct 2001, Sandra K. Gorin, All Rights Reserved. sgorin@glasgow-ky.com Col. Sandi Gorin, 205 Clements, Glasgow, KY 42141 (270) 651-9114 Member: Glasgow-Barren Co Chamber of Commerce. Publishing: http://ggpublishing.tripod.com/ SCKY resource links: http://www.public.asu.edu/~moore/Gorin.html < >< God Bless America ><>