The Reverend James S. Stewart and Cynthia Patton
James, the eldest child of William Charlie and Mary Polly, and a Baptist minister, was born in 1822 and died in 1894. In 1886, he was elected County Judge of Rowan County. Previously, James had "seized" the position of county Judge. His rule was short lived. See opinion opinion of the Kentucky Court of Appeals below. He served as a judge during the aftermath of the Martin-Tolliver feud. Morehead was the center of the "Rowan County War" which started on Election Day in 1884 when a gunfight broke out after the polls closed. For the following three years, a bitter feud between two families, the Tollivers and the Martins, raged. The fighting was so brutal that many families moved out of the community. Twice the state militia was called in, but the fighting continued. Infuriate residents ultimately took matters into their own hands, cornering many of the feuding men in a hotel where most of the men in the feuding families were killed.
James married Cynthia Patton (born 1824) of Letcher County, Kentucky on April 22, 1844. They had ten children.
► Anita Stewart was born in 1847. She married Wallace Markwell who was born in 1835.
► Crittenden Stewart was born in 1849.
► Catherine Stewart was born on April 13, 1853. She married (1) Allen T. Day and (2) Samuel J. Spencer on November 19, 1891. See her obituary below. Catherine had two children with her first husband, Allen T. Day. They were Lee, born in 1881, and Tom, born in 1884. Catherine had two children with her second husband, Samuel J. Spencer, they were sons, Verner and Normany.
► William A. Stewart was born in 1855 and died in 1898. He married Nancy Osborne. They are buried in the Kendall Martin Cemetery in Floyd County, Kentucky. They had seven children: Creecie (March 1883); James B. (August 1884); Joseph (June 1888); Mary I. (June 1888); Cynthia (December 1890); Ella (1890) and William A. (1892-1940).
Alexander Stewart (1895-1943) grandson of the Reverend James Stewart.
► John Crittenden Stewart was born on June 9, 1856; married Mary E. Christian (1857-1923). Mary E. is buried in the Dawson Cemetery in Rowan County, Kentucky. Their son, William Logan "Willie" Stewart, (1888-1950) married Pearlie Sloan (1893-1943) on April 27, 1911. He was a member of the Rowan County School Board during the early part of the twentieth century. They are buried in the Dawson Cemetery.
► Logan Stewart was born in 1857 and died in 1900, married Dora Rays. Their son, Willie E. Stewart (May 14, 1882 to October 31, 1895) is buried in the Dawson Cemetery in Rowan County, Kentucky. Their daughter, Gracy (1890-95) is also buried in the Dawson Cemetery. James Claud Stewart (1885-1965) married Cora Parker (1883-1986). Their children were Margaret Stewart who married Fred Caudill (See obituary of Fred Caudill); Carl Edgar Stewart (1914-1977) married Christine Wicker (1919-1988); and Lillian Stewart (1916) who married Herbert Peter Shelton. Logan Stewart's son, Alexander, was born in 1895 and died in 1943. He married Irene Stewart. For additional information on Logan Stewart, Click Here.
► Elizabeth (Lizzie) Stewart was born in 1859. She married Anderson Day.
► James Stewart, Jr. was born in 1863. He married Alice (Allie) Bishop. Alice (Allie) Bishop was born to Stephen Bishop and Lucy Luck in Hamilton County, Ohio on September 17, 1864 and died on February 21, 1925 in Rowan Co. She killed herself by jumping into a well. Allie's sister Hattie married Frank C. Button, the founder of the Morehead Normal School. James and Allie had one daughter, Lottie, who was born on March 10, 1884. Lottie was one of the first graduates of the Morehead Normal School and was a member of the faculty there. She married Everett Lee Dix and they moved to Mayslick, Kentucky.
► Wesley Stewart was born in 1865 and died in 1918. He died in Carter County, Kentucky of suicide. “Wesley Stewart, who was working near Soldier, committed suicide at Soldier last Thursday evening by hanging himself to a tree. Mr. Stewart age 52 was at one time one of the leading educators of Rowan County. A few years ago he became addicted to dope. He left a note to J. D. Patton telling him to hunt for him in the woods in back of his barn. He evidently tied a rope about his neck and climbed into the bush and then to a limb and jumped out and broke his neck. Carter County News (June 16, 1918)
► Mary Stewart was born 1869.
September 28, 2004
MOREHEAD - Lydia Stewart Gee Williams Royse, 92, of Oak Grove Road, Morehead, passed away Tuesday, Sept. 28, 2004, at the St. Claire Regional Medical Center in Morehead. She was born April 6, 1912 at Vale, and was the daughter of the late William Logan Stewart and Pearlie Sloan Stewart. Besides her parents, she was preceded in death by her husbands, Charles Gee, Boone Williams and Dorsey Royse; one son, Gerald William Gee; two brothers, Orville Stewart and Chalmar Stewart; and two sisters, Edna Griffin and Leola Cox.
Survivors include one son, Bobby Gee of Morehead, one daughter, Shirley DeHart of Morehead, one brother, Samuel Stewart of Dolton, Illinois, one sister, Josephine Adkins of Morehead, two stepsons, Donald Royse and Junior Ray (Bugs) Royse, both of Morehead, one stepdaughter, Patricia Kidd of Morehead. Also surviving are 6 grandchildren, 6 great-grandchildren, 2 great-great grandchildren; 10 step-grandchildren and 15 step-great-grandchildren.
Mrs. Royse was a former employee of the Dixie Grill, Midland Trail Hotel, and Frontier Steak House.
Funeral services were conducted Thursday, Sept. 30 at the Northcutt & Son Home for Funerals Memorial Chapel with the Rev. Davis Kidd Jr. officiating; burial at Dawson Cemetery.
Pallbearers: Timmy Kidd, Chris Kidd, Jackie Royse, Matt Lewis, Kevin Kidd and Josh Kidd.
Honorary Pallbearers: Tyler Kidd, Don Kidd, Justin Sloan, Evan Lowe, Errick Lowe, Tony DeHart, Randy DeHart, and Jarvis DeHart.
Juanita Stewart Smith
Monday, April 18, 2005
MOREHEAD - Juanita Stewart Smith, 82, of Open Fork Road, Morehead, passed away Thursday, April 14, 2005, at the St. Claire Regional Medical Center in Morehead. She was born May 31, 1922, at Vale, Kentucky, in Rowan County, and was the daughter of the late James H. Stewart and Thursia Williams Stewart.
Survivors include three sons, Edward Smith, Jr. and Jim Smith, both of Morehead, and Gary Jene Smith of Clay City, Kentucky; 14 grandchildren; 17 great-grandchildren; 1 great-great grandchild; and one sister, Vada Turner of Cincinnati, Ohio.
Juanita was a cook for ten years at Morehead State University and retired from the St. Claire Medical Center after ten years of service. She was of the Baptist faith.
Funeral services were conducted at 12:30 p.m. Sunday, April 17, 2005, at Northcutt & Son Home for Funerals Memorial Chapel with the Rev. Tim Rhodes officiating; burial was at Dawson Cemetery. Grandchildren served as pallbearers.
Friday, January 4, 2008
Josephine Stewart “Jo” Adkins
MOREHEAD - Josephine Stewart “Jo” Adkins, age 72, of Pleasant Valley, Morehead, Kentucky, passed away Monday, December 31, 2007, at St. Joseph Hospital in Lexington, Kentucky.
She was born November 2, 1935, in Rowan County, Kentucky, and was the daughter of the late William and Pearl Sloan Stewart.
Jo is survived by her husband of 54 years, Paul Adkins, whom she wed June 27, 1953, and her daughter, Samantha Gottler and husband Dean of Lexington, Kentucky. Her son, Winford Paul Adkins, Jr., preceded her in death on June 7, 1980.
Jo was an employee of Jerry’s Restaurant for over 40 years and enjoyed reading and watching U.K. basketball games. She was a member of the First Church of God. Funeral services were conducted 11 a.m. Friday, January 4, 2008, at Northcutt & Son Home for Funerals Memorial Chapel with Pastor Allan Hutchinson and Pastor Matthew Richardson officiating. Burial followed in Brown Cemetery. Pallbearers were Dean Gottler, Matthew Richardson, Teddy Wright, Bob Wright, Johnny Thompson, and Tony DeHart.
She was a granddaughter of John Crittenden Stewart, discussed above.
Information on Reverend James Stewart
In 1886, he was elected County Judge of Rowan County. (Previously, James had "seized" the position of county Judge. His rule was short lived. See opinion opinion of the Kentucky Court of Appeals below. He served as a judge during the aftermath of the Martin-Tolliver feud. Morehead was the center of the "Rowan County War" which started on Election Day in 1884 when a gunfight broke out after the polls closed. For the following three years, a bitter feud between two families, the Tollivers and the Martins, raged. The fighting was so brutal that many families moved out of the community. Twice the state militia was called in, but the fighting continued. Infuriate residents ultimately took matters into their own hands, cornering many of the feuding men in a hotel where most of the men in the feuding families were killed.
The feud had it origins at dance held in early August 1884 in a Morehead hotel. Lucy Trumbo grew
tired and retired to what she believed to be her room. Later, H.G. Price, a wealthy business man, returned to his room and found to his pleasure Ms. Trumbo asleep in his bed and crawled in beside her. Fleeing with a scream, she told her husband, William Trumbo.
Several days later, the feud started during the election day voting for the county sheriff. “The August election day was marked, as usual, by drunkenness, gunfire, fist fights, and vote buying; the secret ballot had not been adopted in Kentucky, and people voted in public, their votes called out as they were cast, thus assuring that they would vote as they had been paid to. Free whiskey encouraged voting. And fighting.”
On election day, William Trumbo ran into Price and demanded an apology. Price protested that he had done nothing
County Jail when Rowan County was run by Judge James Stewart.
wrong. A fight followed and John Martin joined in the fracas. Floyd Tolliver, Craig’s brother, knocked John Martin almost out. Martin drew his gun and so did Tolliver and each shot at the other. Several others joined in the gun fight and as it concluded in a smoky haze, Solomon Bradley, a friend of the Martins, was dead and Martin was wounded. They charged Tolliver with shooting Bradley and wounding Martin. However, they indicted both Martin and Tolliver subsequently for Bradley’s murder because the grand jury could not sort out the complicated and contradictory evidence.
Before their December trial date, Martin and Tolliver ran into each other at the Gault House in Morehead. Both were drinking, exchanged heated words, drew pistols and Tolliver lay dead. As he lay dying, Tolliver had said to a friend “Remember what you swore to do. You said you’d kill him. Keep your word.”
Soon the word spread through Morehead that Craig Tolliver would kill Martin in revenge for the death of his brother. Hearing these reports, Morgan’s uncle, Judge James S. Stewart ordered Martin transferred to Winchester until the December trial. Craig Tolliver boasted that he could wait for his return. In response, a hearing was held on whether to return Martin to Morehead.
In the book Kentucky's Famous Feuds and Tragedies by Charles G. Mutzenber, (R.F. Fenno & Co., New York 1917), Mutzenber reviews these events:
December 10, 1884, was the day set for the examining trial before County Judge Stewart at Morehead. Before that day arrived, the unusual activity of the Tollivers, the ominous collection of all the members and friends of that family, the frequent but secret meetings, had been quietly, but nevertheless keenly observed by Judge Stewart. He was convinced that if Martin were brought back to Rowan County at this time of ferment and excitement he would suffer a violent death at the hands of his enemies, and that any attempt on the part of the officers and friends of the prisoner would precipitate a conflict, the magnitude of which could not be foretold.
In this opinion Judge Stewart was sustained by Attorney Young. After a careful investigation of the state of affairs the court decided on an indefinite postponement of the trial. The order to the jailer of Clark County, directing him to deliver Martin to officers of Rowan County, was suspended on the 9th day of December, but unfortunately (fateful neglect!) the order of suspension was not communicated to the Clark County jailer. The wife of John Martin had been advised of the postponement of the trial. The faithful woman who had already suffered untold anxiety and fear for the safety of her husband, felt relieved and hastened to Winchester to inform him of the action of the Court of Rowan County.
As soon as the Tollivers were informed that the trial would not take place, and that, therefore, Martin would remain at Winchester for an indefinite time, they convened in a council of war to discuss plans of campaign.
Thus Judge Stewart’s decision to postpone the trial sat in motion events that would lead to Martin’s death by trickery.
In mid-December, Jeff Bowling, the Farmers town marshal and a Tolliver operative, armed with a false warrant and four recruited deputies, went to Winchester and presented the fake warrant to the jailer. Martin begged not to be released stating his wife had told him that Judge Stewart had delayed his trial indefinitely. Unfamiliar with the situation and presented with an apparently valid warrant, the jailer released Martin to their custody and Bowling took him back to Farmers on a train. As the train pulled into Farmers, six men removed Martin. When Martin attempted to escape, he was shot. Martin made it back to Morehead on the train but died the next morning.
Martin’s death resulted in open warfare in the county. Lawless and violence ruled Morehead and the surrounding
State troops occupy Morehead during the feud.
county. “... Between August 1884 and July 1887, twenty men were killed and more than half of [Morehead’s] population left. In 1885, Morehead listed more than 700 citizens; by 1887 that had shrunk to 296.”
Judge Stewart acted to protect Martin but his actions were without success. As James Stewart was a Republican, his aid to the Martins did not test his political loyalties. After the Tollivers took control of the county, he continued as judge and died in 1892. Judge James Stewart gave testimony before a special inquiry of the Kentucky Legislature on the feud. He gave his testimony in Morehead on February 10, 1888.
The following is his testimony. Judge James Stewart, sworn by Mr. Hendrick, and examined by Mr. Wright, testified as follows:
Q. What is your age?
Q. Where do you live?
A. Eight miles from here.
Q. What is your occupation?
A. Farming a little and County Judge some.
Q. When were you elected County Judge?
A. Last August a year ago. I have been County Judge six years going on.
Q. Did you ever hold any official position besides that?
A. No, sir. I was a Minister of the Gospel.
Q. You have been a preacher?
A. Yes, sir.
Q. You have had a good deal of trouble in this county?
A. Yes, right smart.
Q. What has been the cause of the trouble?
A. I do not know that I can tell you the cause. I know bad conduct was the cause in the first place, whisky was the first introduction of it.
Q. Do you know how many places whiskey is sold in this town?
A. There is not but one place except the drug store.
Q. Did they ever take a vote on the whisky question?
A. Yes, sir.
Q. What year?
A. Last August a year ago.
Q. Did they take it for the county or the precinct?
A. They took it for the precinct.
Q. How did it go?
A. I think a majority voted agin it.
Q. Was the vote ever returned to you by the Sheriff?
A. The vote was not carried out according to law, the orders were not
Q. Why not?
Q. Whose fault was it?
A. I don't know whose.
Q. Did they not present the vote to you?
A. I helped compare the polls.
Q. Did the County Clerk record the vote?
A. I reckon he did.
Q. Why didn't you make the order on your order book?
A. I was ready to make it. I didn't know no decision of law about it. I thought it went out when the vote was taken. I never looked at the law.
Q. You did not make the order?
A. Because I thought it went out itself when it was voted out.
Q. Who is the Sheriff of this county?
A. Squire Hogge.
Q. Does he belong to either faction?
A. No, sir; I don't know that he belongs particularly to either.
Q. Does rumor charge him with belonging to either?
A. Rumor may say he rather belongs to the Tolliver faction; but I don't know that he belongs to any.
Q. Which side are you accused of belonging to?
A. Ne're one; I am no fighter.
Q. Which side elected you or supported you?
A. Both sides elected me.
Q. Did the Tolliver faction support you?
A. Yes, sir.
Q. Did the Martin faction support you?
A. A great many of them.
Q. That is the only time they have ever agreed?
A. I guess so.
Q. Did the leaders on both sides support you?
A. Yes, sir.
Q. Have you heard any complaint against your Circuit Judge?
A. Yes, sir. I have heard complaint. I have never seen a man yet but
what there was complaint against him.
Q. What do they complain of?
A. There are two parties and some complain that he shows a little more
leniency to one than to the other.
Q. Do you attend his court?
A. No, sir.
Q. Have you ever been in court while he was holding court?
A. Yes, sir.
Q. Did you ever see any partiality?
A. No, sir.
Q. Does the Judge keep good order?
A. Yes sir.
Q. Do you hold the Quarterly Court?
A. Yes, sir.
Q. Do they ever go down to the tavern and cuss when you decide against
A. I don't know; I never inquired about it.'
Q. Did you ever take anybody out of jail and try them when they could
not give bond?
A. Yes, sir.
Q. How did you generally find them, guilty or not guilty?
A. Some guilty and cleared some dependent on the proof.
Q. Do you know a man by the name of Jack Mockaby?
A. Yes, very well.
Q. Did he ever get in jail?
A. Yes, sir.
Q. What was he indicted for?
A. Carrying a pistol.
Q. Was he ever in jail?
A. Yes sir.
Q. Who brought him before you?
A. The Sheriff or Jailer.
Q. Was he the man who shot in the house?
A. No, sir.
Q. Could Jack Mockaby give bond?
A. He gave a bond, but they gave it up.
Q. The man I am after is the man who was put in jail and turned out.
A. That is Bill Trumbo.
Q. What was your judgment on Bill Trumbo? What did you find him guilty
A. $50 and 30 days imprisonment.
Q. How did he get out?
A. I do not know; I was not here.
Q. Did you grant him a new trial?
A. I do not know; I may have said I would, after he was out of jail. It
appears to me like that. I believe I told Boone Logan that.
Q. You gave him a new trial?
A. I have never had any other trial.
Q. Did you tell his attorney he might have a new trial?
A. I may have done it. I don't recollect.
Q. Do you think the law can be enforced in this county now?
A. Yes, sir.
Q. Is there any people away from this county and afraid to come back?
A. I do not know. I think we can have peace now. I think no man need be
afraid if he comes here and behaves.
Q. And suppose he didn't behave himself?
A. A man is not safe anywhere if he don't behave himself.
Q. I as man did not behave himself could he get a fair trial here?
A. I think so.
Q. Do you think one of the Tolliver faction could get a fair trial in
A. I think so.
Q. Do you think one of the Martins could get a fair trial?
A. Yes, sir.
Q. Were any of them ever convicted--either Martin or Tolliver?
A. Not that I recollect of.
Q. They all had fair trials?
A. As far as I know.
We do not know of Judge Stewart’s other involvement with the parties. His daughter, Catherine, did marry Allan T. Day. He was closely associated with the Tollivers. This fact could not have been welcome news to Judge Stewart.
James and his wife are buried in the Dawson Cemetery in Rowan County. The Dawson Cemetery is located near Elliotsville. From Morehead, take Route 32 East to Elliotsville, go left on Open Fork Road for three miles and then go left on Dawson Cemetery Road.
James Claude Stewart
Rowan County News 1936
MRS. SPENCER DIES AT HOME IN VALE
Rowan County lost one of her oldest and best known as well as highly respected citizens, Saturday in the death of Mrs. Katherine Spencer at her home near Vale, Kentucky. Funeral services were held at the home on Sunday afternoon, with burial being made in the Christian Cemetery at Vale.
Mrs. Katherine Spencer was 84 years old at the time of her death. She was the daughter of Judge and Mrs. James Stewart and was born on the old Hatch farm in this county. She is survived by four sons, Lee Day of Haldeman and Tom Day, who made his home with his mother. She is also survived by two sons from a later marriage; Verner Spencer of Haldeman and Norman Spencer, principal of schools at Dallas, Texas and by one sister, Mrs. Lizzie Day of Kannel, Kentucky.
Information on Lee Day by Wanda Day, his granddaughter
Lee Day was the oldest son of Allen T. Day and Catherine Stewart. He lived in Rowan County most of his life. He was among the first employees of the brick yard located in Haldeman, Kentucky. In December 1901, he married Lillie Susan Sparks. They had two children; Ivan and Bertha. During the late 1920's and early 1930's, Lee and Lillie moved to West Virginia. Here Lee worked in the coal mines and possibly, at a dairy. It is seems Ivan and Bertha were in West Virginia with their parents at least part of the time. Lee often supplemented his income by moon shining; that is, making and selling home-made liquor. Family lore has it that the years in West Virginia were due to the fact that the law was getting too close to Lee. Work at the brickyard was scarce during the Depression years giving them even more incentive to go away. Anyway, the Days returned to Rowan County, Kentucky by 1934. Lee went back to work at the brick yard.
Lee enjoyed his liquor and his car. Lillie often threatened to bury Lee in his car. He had a big red bird dog named Red, that he shared both his liquor and his car with. Lee retired from General Refractory Brick Company in 1944 and died in November 1947. His dog, Bob, refused to leave the side of his coffin as he lay in rest at the Day home in Haldeman. Lee is buried in the Dawson Cemetery on Open Fork Road in Rowan County, Kentucky.
I have only a few memories of my grandfather. The most vivid are of an incident involving red peppers and one involving doll furniture. I was attracted the pretty red things, strung and hung behind the cooking stove in my grandparents' summer kitchen. One day, alone in the house with my grandfather, I kept asking about them. He never answered until I asked if you could eat them. He told me to go ahead and try one. I only bit into the hot, red pepper once and ran screaming out of the house to my mother and grandmother. When I was five, I wanted a doll crib and tables and chairs for Christmas. I didn't really understand my mother's assertion that Santa couldn't afford them. Maybe, Santa couldn't but my grandfather could build them for me. He finished them right before his death in 1947. I still have the doll bed. I also have vivid memories of the red dog, Bob, drinking whiskey from a saucer and trying to get in your pockets to look for candy.
Morehead News; November 1947
LEE DAY, 66, WIDELY KNOWN CITIZEN, DIES
From Heart Attack;
Funeral Conducted Sunday
Lee Day, 66, widely known Rowan County native citizen, died
Thursday after suffering a heart attack. He had been in ill health for some
The son of the late Mr. and Mrs. Allen Day, he was born in Rowan County, March 8, 1881. He was a valuable employee of the Kentucky Fire Brick Company until ill health forced his retirement in 1944. He had spent 42 years with the company.
On December 22, 1900 he married Lillie Sparks, who survives. He also leaves a son, Ivan Day, Haldeman, and three grandchildren, Betty Martin and Wanda Day of Haldeman and Dorothy Day of West Virginia. Also surviving are four brothers and a sister.
Funeral services were conducted Sunday at the Baptist Church on Christy Creek by Rev. C. C. Sparks and Rev. Floyd Hall.
Mr. Day stopped at a tourist camp on U.S. 60 about four miles east of Morehead Thursday morning and asked for a drink of water. He died while an attendant was getting it for him.
Arrangements were handled by the Lane Funeral Home.
Comments on Ivan Day by Wanda Day, his daughter
Ivan Day was the first-born child of Lee Day and Lillie Sparks Day. He was born June 1, 1901 in Rowan County, Kentucky. Ivan had one sister, Bertha, who was three years younger than he. Ivan started working in the local brick yard in 1917 at the age of 16. Sometime between 1924 and 1934, Ivan's parents moved to West Virginia. Ivan either moved with them or was a frequent visitor. In 1932, a daughter was born to Ivan and his friend, Maizie Ferguson.
The Days returned to Rowan County, Kentucky by 1934 and both Ivan and Lee went back to work at the brickyard. Ivan continued to work there until it closed. On August 23, 1940 Ivan married Irene Ruth Hamm, the daughter of William Hamm and Virgie Flannery Hamm. Their only child, Wanda Joy Day, was born June 11, 1941 at King's Daughter Hospital in Ashland, Kentucky. Ivan and Irene lived in Morehead from 1940 until 1943 when they moved to Haldeman, Kentucky about eight miles east of Haldeman.
During periods of unemployment, which were frequent at the brick yard, Ivan went to Dayton, Ohio; lived with relatives and worked in the factories there. He always returned to Haldeman and the brickyard when called. Ivan, like his father, Lee enjoyed reading detective magazines. He also kept five-year diaries during his life. Another ritual was putting away the calendars at the end of the year. There were usually two wall calendars and each one was carefully rolled up and tied. He would then take them to his mother's house, where he kept a garbage can in the attic just to hold his calendars. By 1957 work at the Haldeman brickyard had ceased and Ivan took work where ever he could find it. For a while he worked at a brickyard in Maysville, Kentucky even though it meant he had to get up by three in the morning and ride over an hour each way to work. When that petered out, he took whatever odd jobs he could get. Ivan had been diagnosed with heart disease by 1959-60. He died June 17, 1962 on Father's Day at the age of sixty one.
Some of my favorite memories of my father include his teaching me to jump rope and ride a bicycle. When I came home from first grade complaining that I was the only one that didn't know how to jump rope, mother was too busy to help. Daddy, however, got a hemp rope, tied one end of it to the iron bed, and patiently turned the rope as I tried to jump. He was equally patient teaching me to ride a bicycle. He would push me around the yard. When he felt I was confident enough, he would release the bicycle and let me ride alone. I also enjoyed talking the railroad tracks between our home and the grocery store and picking up pieces of coal that had dropped from the trains. Daddy would put the coal into his denim laundry sack, put it over his back, and tote it home to be burned in our living room stove.
Daddy wore long-sleeved blue work shirts even in the summer. He said it was to protect his skin, but I knew it also had to do with the fact that the underside of his arms had been covered with permanent brown spots upon the shock of the death of his only sister, Bertha.
Morehead News- June 1962
IVAN DAY, 61, DIES AT HALDEMAN
Death came Sunday at Haldeman to Ivan Day, 61 years old..........(unreadable)
The remains were brought to Lane Funeral Home in Morehead where final services were conducted Tuesday morning by Rev. Cobe Sparks and William Littleton. Burial was in the Dawson Cemetery at Soldier with Masonic Rites at graveside.
Son of the late Lee and Lillie Day, Mr. Day was born June 3, 1901. In 1940 he married Irene Hamm who survives, along with two daughters: Miss Wanda Day of Haldeman and Mrs. Dorothy Thompson of Wayne, West Virginia.
Mr. Day also leaves two grandchildren. He
was a retired employee of General Refactories Company and a member of the Soldier
Masonic Lodge. Masons served as casket bearers. Lane Funeral Home handled the
Prior to his election to the position of County Judge, James had attempted to obtain that post in 1870, as the following legal opinion reveals:
71 Ky. 560
8 Bush 560
Court of Appeals of Kentucky.
Jan. 30, 1871.
APPEAL FROM ROWAN CIRCUIT COURT.
E. C. PHISTER, For Appellant,
JUDGE HARDIN DELIVERED THE OPINION OF THE COURT.
The appellant, James Curry, who in 1870 was elected, commissioned, and qualified as judge of the Rowan County Court, brought this action in May, 1871, against the appellee, James Stewart, alleging, in substance and effect, that on the 1st day of March, 1871, and afterward the defendant had usurped his said office, and taken possession of part of the books and public records belonging thereto, and unlawfully performed the duties of the office; and had collected and was then collecting and appropriating to his own use the salary, fees, and perquisites of the office, without the plaintiff's consent; wherefore he prayed that Stewart be declared a usurper, and ordered and compelled to restore to the plaintiff the books and records pertaining to the office, and for a judgment against him for damages.
In the defense it was substantially alleged and proved that after the plaintiff became county judge, as aforesaid, he removed with his family into Bath County, a distance of about two miles from his former residence; and the clerk of the Rowan County Court, considering the office of judge to have thus become vacant, issued a writ for the purpose of electing a person to fill the office, and the appellee was thereunder elected judge, and was commissioned and qualified as the successor in office of the appellant.
The issue thus briefly indicated was tried by a jury, and a verdict and judgment were rendered for the defendant, and this appeal seeks a reversal of that judgment.
Waiving the consideration of some preliminary questions relating to the selection of a special judge to try the case, and the trial by a jury instead of the court, in which we perceive no available error to the appellant's prejudice, we will proceed to dispose of the only inquiry presented which we deem essential.
*2 While the fact was clearly established that the appellant did, for a particular purpose, leave his farm and part of his personal property in Rowan County in the possession of a tenant, and go with his family and remain for several months in Bath County, where, in compliance with certain contracts, he was operating a portable saw-mill, occupying with his family in the mean time a house or shanty constructed with lumber from his mill, and otherwise manifesting a purpose of taking up a temporary residence in Bath County, the evidence conduces strongly to show that he at no time intended to permanently change his residence, or to abandon any of his rights and privileges as a resident of Rowan County, or to acquire those of a resident citizen of Bath. Nevertheless the court, at the instance of the defendant, instructed the jury, in unqualified terms, to the effect that such a removal by the plaintiff from Rowan County and such a residence in Bath operated to vacate his office; and refused to instruct the jury, as asked by the plaintiff, in substance, that if they believed from the evidence that his intention in going to Bath County was to reside there only for a temporary purpose and a short time, and with the intention of returning to Rowan County to live when that purpose should be accomplished, then they ought to find for the plaintiff.
We do not doubt that under the provisions of the constitution, to which our attention has been drawn in the argument of this case, a permanent removal or change of residence by the appellant from Rowan to Bath County would have at once vacated his office, and constituted a valid defense for his successor in a direct proceeding like this. But we are of the opinion that the true meaning of the clause of the 35th section of article 4 of the constitution, that "county and district officers shall vacate their offices by removal from the district or county in which they shall be appointed," is that such offices shall become vacant by an actual change of residence from the district or county, as contradistinguished from a mere absence of the officer for some temporary purpose, and for a limited time, whether accompanied by his family or not, and whatever may be his mode of living during such absence.
If a county judge or other officer, without intending a permanent change of residence, so absents himself from his county or district as to be guilty of ""willful neglect" in the discharge of his official duties, he may be liable to a prosecution in the manner provided for by section 36 of article 4 of the constitution, and, if convicted, removed from office by the judgment of a proper tribunal; but certainly the mere existence of such official neglect would not of itself operate to vacate the office.
Wherefore, the action of the court on the motions to instruct the jury being incompatible with the foregoing views and conclusions of this court, the judgment is reversed, and the cause remanded for a new trial and further proceedings not inconsistent with this opinion.
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