2
THE HOI CHARLES R. KINNEY
Leader of The Albemarle Bar From 1825 to
1845.
(From tli# 1 Wn ki* Forest Strident.) i
By Puln.ski Fowixt wnd 11. B. Creecy.
“Tin* world has never known its great
est men.”
Charles K. Kinney, the subject of this
sketch, was trained and hardened from
infuncy in the furnace of adverse for-j
Inne. When a child he fell from his
nurse's arms and was deformed for life.
That fall left him with a hump between
his shoulders, which marred the sym-,
liietry of nature's workmanship. His
head was a dome of thought, but was
not posed upon his shoulders. His
shoulders were hrciad, strong and capa
ble of tin* strenuous work and endurance
of an athlete. His arms were muscular,
long and disproportioned to the upper
part of his person. He was alert, active
and of nervous temperament —delighted
in nimble out-door sjMirts—was tat spirit
ed horseman, and was master of feats
of horsemanship that were unequaled by
his fellows. Nature had cast him in a
mould that called for six feet, but an ac
cident in infancy had reduced it! to five
feet seven inches in height. Nature
made him an Apollo. His voice w<as an
Aeolian harp, and its strings were tuned
to all the notes of human passion, from
the melting moods of tender charity to
the alto notes of the storm king's wrath.
Such is a photograph of the ]**rs<>n«l
aspect and outline of Charles It. Kinney,
who for twenty years—from 182T> to 184 D
—after an unsuccessful struggle with the
surging wave of adverse fate, rose by an
apparent accident upon the crest; of the
wave, and for over twenty years there
held sway, almost without a i>eer or a
parallel, in the Albemarle section of
North Carolina.
Born and reared in Connecticut —arriv-
ed at the age of manhood after obtaining
a classical education in tin* primary
schools of that educational State, lie en
tered upon a mercantile life in the town
of his nativity; lmt Providence had other
work for him to do, in a distant section,
among strangers, a work from which he
was not to he diverted by the misfor
tunes of childhood and age. He failed
in merchandise. While a merchant he
had married, and when a broken mer
chant he* had under his tender cart* a
wife and infant child. In his anxiety he
thought of a brutlier who had come
South to Louisiana some years before,
and from New Orleans had gone to Mo
bile, Alabama, and was a lawyer there.
His name was Asa Kinnie. In the
changes of a chequered lift*, his name
hail become changed from Kinney, in
Connecticut, to Kinnie, in New Orleans;
but they recognized and kept up their
relationship.
On his way to Mobile, Charles 11. Kin
ney got ns far as Norfolk, a., and was
sitting in the hotel where he stopped,
and a gentleman from Camden county.
N. C.. by the name of N<wih> Gregory
came in, and they being alone, got in a
conversation, when young Kinney told
him he was on bis way to Mobile, Ala.,
but was* a stranger in Norfolk, and had
exhausted his means of travel. Mr.
Gregory offered him a place as private
teacher to his children in. Camden county.
He accepted the position and came out to
Camden county the next day.
He came over to Elizabeth City, occa
sionally. in times of leisure, and formed
the acquaintam* there of John L. Bailey,
a leading lawyer, and afterwards a dis
tinguished judge of the Superior court
of law and equity of the State of North
Carolina, and Mr. Bailey proposed to
him to study law hi his office. The
offer was accepted and then commenced
a friendship that lasted until death.
Charles It. Kinney became the fast
friend of John L. Bailey, and it was to
thf kindness and aid of that good man
that Charles It. Kinney was enabled to
attend the courts of his small circuit,
after he tame to Elizabeth City to I've.
Here and there it was that Mr. Kinney
began the ascent of that steep where
fame presides—a steep which he did not
ascend, butt after trials and struggles
before which anyone would have fallen
in despair, but one who was clothed by
the Deity with the wreath of the im
mortelles.
About 182.-*, Mr. Kinney waxed string
in professional fame mul practice. He
made friends on 'his circuit of courts,
and was recognized'as a charming con
versationalist. It is within living mem
ory that ambitious mothers in die town
of Edenton kept their children up be
yond bed time to hear him talk, and to
be improved by liis conversation when
a visit was expected from Charles 11.
Kinney. And yet charming and enter
taining as lie was as a grave con versa -
tionalist, lie was an utter failure in the
rob* of anecdote, and be, apparently, was
unconscious of the defect.
Mr. Kinney once met Hamilton iJ.
Jones at the Supreme court in Raleigh,
and hoard him tell his story of Cousin
Bailie Dillard. At the next term of the
Circuit court he told the brethren of the
bur that lit* had a treat for them of a
story he heard in Raleigh, which he
would rejieut to them when they had
leisure. At Gates court, after stipi«*r,
the lawyers were assembled in the sit
ting room of the hotel, and Mr. Kinney
made good his promise. He looked
around to sis* that all were present,
when the court scene of the verbose
witness who couldn’t testify as lo a
light, at “Captain Rice’s.” unless he b*-
gan at the beginning, and when inter
rupted tried to l>egiu anew at “Captain
nice, he gin a treat.” The judge con
stantly stopped! him. and or
dered him to tell about the
affray at Captain Rices’; and
tin* witness as constantly commenced
his testimony with. "And Captain Rice,
lie gin a treat." The lawyers around were
enjoying the double treat of the jktsjs
tent witness and tin* bungling recon
teur. At length Mala chi Houghton, of
Edenton, who never said a funny tiling,
and never knew a joke, in a loud and
somewhat harsh tone, said; “Kinney,
damn the judge, why don't lie let the wit
ness go on”—and Houghton never did
know why the lawyers turned from Mr.
Kinney and laughed at him.
Mr. Kinney was now getting to he a
leader and a man of mark, lmt distinc
tion has its penalties, and he was not
the exception. When Kinney's star
twinkled in the horizon, the star of
Frederick Shephard was in full efful
gence. Shephard was of tine physio tie,
brave, ambitious, intelligent, aspiring,
high-bred, rich, and a bom leader of
young men. The young moil of Eliza
beth City bow*id at his heel*, and read
ily did liis bidding. Kinney was not of
tlmt make of man. No toady was in
his composition. Shephard finding hi*
would not fall into the procession of his
following, determined to crush him. lie
unleashed his agents of irritation. Kin
ney was ridiculed, denounced, insulted
his personal- infirmities derided —his "vo
ciferous devotions" ridiculed. He was
held up to public and private scorn as
a Yankee “pig," without lineage and un
worthy tin* association of Southern gen
tle men. A fictitious public sentiment
was created against him. and lie was
surrounded wiht a cordon of social tire
that made his life a foiretaste of the
very infcrnl regions. Criminations and
recrimination, threat and defiance,
stnet encounters without much damage,
publications and counter publications—
challenges to mortal combat given and
declined —repeated and accepted with pro
tests of disapproval, all followed.
The grave and quiet citizenship was
with Mr. Kinney; the young Hotspurs
and aggressive citizenship ardently did
tin* dictate of Shephard. The stre*
corners were black with posters pro and
con. From the character of tin* emit .-sl
ants Kinney was on the defensive. To
the (barge that his family nest in Con
necticut was low and foul. In* replied
with fiery indignation: “She who bore
me.” lie said, “died ere I had learned
to lisp a mother's name. My father yet
lives, old and venerable. He never had
the honor of sending or accepting a chal
lenge. Ere lie had reached the threshold
of manhood he bared his bosom to tin*
battle's rage in the eventful struggle
that separated the American colonies
from. British dependence."
Had these tires confined themselves to
Elizabeth City, the damage would not
mtk mam
have been **> serious, hut the contagion
of strife spread out until the Albemarle
became one vast military camp in which
the best elements of the population from
Gates to Currituck became involved.
From 1828 to 1833 the smell of gmi-
IKiwder anil strife was in file air. The
first spread of the contagion was to Hert
ford, in Perquimans county. Jesse Wil
son was the leading lawyer in thuit com
munity. He visited Elizabeth City
quite often. ll<> was not particularly
combative per se, but he liked the ex
citement of controversy, though not be
cause the snuff of danger was from
afar. Wilson was full of wit imd
pyrotechnic expression. He readily fell
into the ranks of the Shepard party.
He was easily indiscreet in expressions,
and said some ugly words about Mr.
Kinney. Mr. Kinney’s war blood was
up. and lie promptly challenged Mr. Wil
son to mortal combat. Augustus Moore,
of Edenton. (father of Augustus M.
Mooore, of Greenville. N. C.l. who
hail been a law student of Kinney, and
was his personal friend, bore the chal
lenge to Wilson. Moore was a careful,
prudent man. 'and not a seeker of per
sonal controversy, and sought to avoid
them, but would tight if crowded and
forced to it. Os the two men he was
considerably less dangerous than Kinney,
and Wilson was evidently so impressed,
and Wilson adroitly turned from Kinney
and made a bitter and aggressive tight
on Moore, which was followed by a strict
encounter on the corner where the Albe
marle Hotel now stands. In that en
counter Wilson would have been killed
lmt for the interference of John B.
Muse, an esteemed; young lawyer of
Elizabeth City, who was neutral in the
light. The encounter between Moore
■and Wilson was followed by innumera
ble paper bullets, finally ending in a suit
for libel.
In 1830 the contagion had spread to
Edenton. At Edenton court, Hugh W.
Collins, a young man of the town, of
wealth and influence, who had a client
age of young men of Edenton hardly
less devoted than the following of Shep
ard in Elizabeth City, in a conversation
with William Pugh, of Gatesvillc, used
s.,me expressions derogatory to Mr. Kin
ney. Pugh was a friend of Kinney, as
brave as a Bengal-tiger, and promptly
ri suited it with some severity, for which
Collins challenged Pugh. Alexander M.
Henderson bon* the challenge. It was
promptly accepted by Pugh, and Hender
son was referred to Dr. Jeptha Fowlks,
of Gatesvillc, the friend of Pugh, to ar
range the terms of a hostile meeting.
Fowlks was a quiet, sensible mam whoa*
courage had been tested in many person
al eonflklts*. Pugh and Fovvlks were
known to Ik- horn fighters, and Collins
and Henderson had ilu* pride of birth
and family lineage, and it was readily
considered tint the .quarrel between
Pugh and Collins would produce the first
fruits of blood. The day was appointed
and the place of meeting. Pugh and
THE NEWS AND OBSERVER, SUNDAY MORNING, NOVEMBER 5, 1899.
Fovvlks slept on the ground the night be
fore. Collins and Henderson slept late,
or were otherwise delayed: ami while
on tin* way to the ground were wrested
by a constable and a justice of the peace,
and all bound over to keep tin* peace.
.Ml this historic tight in tin* District
produced but one sound fruit, a drama,
entitled. “War Without Fighting.” writ
ten by Charles R. Kinney, and credited
to an Irish schoolmaster at Camden
court house. If was a literary produc
tion of decided merit, and it is much to
lit* regretted that it cannot now Ik* found.
The Dramatis Personae were all as
signed names. Kinney was "Soberly,”
Shepard was "Captain Bluster.” Wilson
“Sergeant Gab.” .which are all that have
not passed from memory.
When Mr. Ivinney fought through the
"Mar Without Fighting,” in* was a
briefless lawyer feeding on the scant
crumbs that fell from tin* table of tin*
professional 1 lives.
But what is bred in the bone is bound
to come out ill the flesh, saitli the pro
verb. In the lift* of the successful law
yer. if closely observed, there is gener
ally some pivotal case on which his suc
cess turns, and which is tin* stepping
, tone that leads oil to fortune. Mr.
Kinney was no exception. His pivotal
case in the lower counties was State vs.
j„hn Chlttini. charged with being.an
accessory before the fact, in the murder
of Joseph Lindsey of Cnirrituck county.
(’.hittini was a wealthy mum, Lindsey
was an old man. and poor and had a
prettv voting wife upon whom. < iiittnn
looked as Potiphar’s wife upon young
Joseph Os Egypt. Thereby hangs n
tragedy, and on that tragedy hung -the
fate of ( buries R. Kinney.
March, a slave. murdered Lindsey,
v.as tried and convicted, and Chitt in
was put oil trial as an accessory before
tin* fact. Chittim retained every law
yer that attended Currituck court in his
defense, with the sole exception of Kin
ney. Mr. Iredell, who had been solici
tor for tin* State, was appointed judge
on the circuit, vice Judge Lowry, de
ceased, by tin* Governor of the State,
and he appointed Charles R. Kinney to
prosecute for tin* State, there being no
other attorney unemployed to appoint.
Mr. Kinney procured a continuance, and
the ease was tried at the succeeding
term. Judge Strange presiding. lie
made an able argument, having had
ample time for preparation. Chittim
was convicted, and was subsequently
executed. Tills was in 1828. After the
trial. Mr. Kinney was employed in
every case on the docket, in an hour
after he went out of the court house.
Mr. Kinney was especially kind and
courteous to tin* young memliers of tin*
bar, and stood ready at all times to
render them aid and encouragement. On
one occasion the late Governor Braga
and the late William W. Cherry were
lbs opiKising counsel in a very important
case, Beak* vs. Askew. Bragg anil
Cherry were very young men, and re
ferred in their speeches to the em
barrassment they felt in confronting
their able opponent. Mr. Kinney in his
speech spoke in most complimentary
terms of their fine efforts and strong
argument, and predicted a grand future
for them lMiih. Governor Bragg’s re
cord is well known, and though Mr.
( berry died young, yet no man in tim*
east has ever made a greater reputa
tion at his age. and it may lie safely said
that Mr. Cherny was the finest speaker
the State has ever produced.
Mr. KinuPy wrote, compiled and pub
lished a law book entitled "Kinney’s
Compendium.” which received the en
dorsement of the bar of the State.
Ex-Attorney General Kenan called my
attention to the ease of Williamson vs.
Canal Company, 7t> N. 478. in which
the late Chief Justice Pearson pays »
just compliment to tin* subject of this
sketch. It was u case where tin* plaintiff
sued the defendant for damages in di
verting water from his mill. The canal
was cut in 1873, hut it did not appear
at what time the mill was built. On the
question of notice and occupancy, tin*
Chief Justice says: “It may be that
the notice of occupancy by the defendant
will relate back to the original charter.
* ’* * Gin* who dtarts a deer and is in
pursuit has acquired an inchoate title
by occupancy and no third person has a
right to kill the animal before his
hounds, for there is notice of an inten
tion. to appropriate the thing which is
ferae mat urea. This furnishes an analo
gy, because water, like wild animals, is
the subject of title by occupancy, and
the original charter, like *tln* cry of the
dogs’ gives notice. Upon our consulta
tion it was suggested by Justice Rod
man. who comes from a land that
abounds in swamps and lakes, that no
tice should he piesumcd from the nature
of the tiling, for when 20,000 acres of
land, that by draining can la* made tit
for the purposes of agriculture, are cov
ered by water one or two feet deep,
every one must know that at some time
or other the swamp will lie drained, and
the plaintiff will la* presumed to have
built his mill with an intention to use
tin* water of the s-wamp until it was
di’uincd, and after that to use such of
tin* water only as was left to flow
through the outlet to his mill. There is
force in this suggestion and we shall he
pleased to have it discussed, should the
case come before us a second time.
“This suggestion recalls to my memory
a ease tried before iue while acting as
one of the judges of the ‘Superior Courts
of Law and* Equity’ in tin* county of
Perquimans. ’1 he plaintiff owned a mill
on tin* outlet of a swamp some miles
below its entrance. T'ln* defendant
cleaned ("it and deepened the outlet,
above the plaintiff's mill and partially
drained 1 the swamp by means of ditches.
The gravamen of the action was that
the defendant had by his operations In
jured the mill which was of long stand
ing. in this, that instead of letting the
water of the swamp flow to the mill in
its natural way. by which there was >.
regular supply of water, the acts of the
defendant caused the water in time of a
rain to run off in excess and leave no
regular supply to Ih* retained by the
swamps as it used to lie; held that the
'plaintiff had no cause of action —dam-
num absque injuria.
“This decision was submitted to by the
plaintiff's attorneys, the late Judge
Moore and Mr. Charles Kinney, both
of whom were men as learned and able
as any who have ever belonged to tin*
bar of this State."
Tin* daughter of his first wife married
nil Episcopal minister by the name of
Harvey Stanly, who was a nephew of
the late distinguished John Stanly,
stricken with paralysis while speaking
in the old Governor’s Mansion at the
foot of Fayetteville street, when it was
occupied by the General Assembly of the
State. Some of Mr. Harvey Stanly’s
sons' were noted public men in Mary
land. whose descendants may now be
living in that State.
Mr. Kinney's second wife was a Miss
Davis, a daughter of Dr. Davis, of
Currituck county. There were several
children by this marriage, and the last
one of his children, a daughter, died
near South Mills, in Camden county,
within the last twelve months. As far
as 1 have knowledge, there are now
living no descendants or representatives
of this second marriage. Death is
sometimes called a man’s great enemy,
an enemy that he can not conquer. In
deed. it is man’s greatest friend, heals
all wounds, soothes all sorrows, allays
all bitterness, buries all animosities.
11l the Fall Circuit of Courts, Mr.
Kinney, who had been for several
months in feeble health, resumed his
active practice, after recuperating liis
health at the Virginia White Sulphur
Springs. He attended Chowrin Superior
Court at Edenton. and was employed in
all the leading eases on the docket. The
Noreoin and Mearner case was for trial,
and was of intense interest. It had torn
the community into hostile factions, and
had mm li embittered old friendships.
Mr. Kinney w.tn employed in it. Tile
first witness called was stubborn, and
Mr. Kinney gave him a sorehing exami
nation. In the progress of thi* examina
tion he lieenme excited—had a hemor
rhage, and had to leave the court room.
Hi* ordered his horse, and left for Ills
home near Elizabeth City. In passing
through Hertford, Perquimans county,
twelve miles from Edenton. he had a
second large hemorrhage, and was taken
into Dr. David Johnson's office, where,
with a few friends near, he expired on
the lltli day of October. 1843. with tin*
words addressed to a young friend
whom he reiognizi d: “I know my fate.
1 am tut alarniid. My wifi* and child
ren, that's all.”
Thus died Charles 11. Kinney, one of
the brightest stars in the legal galaxy
of Eastern North Carolina. From the
l iite of his sudden nttuclf lie doubtless
felt his end was near, and made an
early effort to reach the bosom of his
family, that lie might die in their pres
ence and embrace. His efforts failed,
and he fell by tin* wayside, not. however,
in the land of strangers, but at the
home of friends. His death was a great
loss, and the loss was universally felt
throughput his section. No man con
trolled a greater influence, arid no death
created a more heartfelt vacancy.
He was buried in the Episcopal church
yard in Elizabeth City. No monumem
marks liis silent resting place, but it is
in early contemplation, both by the
county of Pasquotank and the memliers
of tin* liar, to erect a suitable monument
over bis remains.
It is meet that the sacred spot, now
overgrown with the weeds and the
briars, ami where the poisonous reptile
may nestle in security, should Ik* re
placed with a monument commemorative
of the deeds and services of one of the
most useful and eminent men that ever
lived in the Albemarle section.
The intent of . this short imjierfect
sketch will have been accomplished, if it
shall evoke in the minds of the rising
generation an impulse or an inspiration
to emulate a life whose example is
worthy to la* followed, and whose record
is lii to be imitated.
♦Col Creecy has so aided me in ma
terial and facts that I have made thb
sketch our joint effort. Without his aid
I could have made no headway; and
far more is entitled to him than t v me.
The association of his name will add an
kite rest, and secure a perusal that n,v
name. alone, could in nowise have in
vited or secured. P. 0.
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THE EMPEROR i&a OF GERMANY
Is a Victim of llllHclironto Catarrh,
EMPEROR WILLIAM OP GERMANY.
The Emperor of Germany has a run
ning ear. Just think of it; a man at
whose beck one of the strongest armies
and navies of the whole earth could be
set in motion, a man whose rule is abso
lute over the coun try of medical universi
ties,a man whose slightest caprice could
pres 3 into service the most noted sa van ts
and philosophers on earth, has a running
ear and is unable to find a cure!
Now contrast the experience of the
following citizens of the United States
with the Emperor of Germany. Like the
Emperor, they failed to find a cure. But,
unlike the Emperor, they happened to
be plain citizens of the United States,
rather than the center of the inner court
of the most exclusive and carefully
guarded aristocracy of the world. In
his position nothing
but the remedies
that havo met the
approval of the most
fastidious medical
orthodoxy could
ever reach him. In
tho position of these
American citizens,
however, they had
access to remedies
old and new, tried
and untried, ap
proved and disap-
/
Scott Bostick, of
Sumpter, S. C.,
cured of Running
Ears by Dr.
Hartman.
proved. They were at perfect liberty to
try anything they chose to. They chose
to try remedy that had cured others
like themselves, and thus they found a
cure.
Running of the ears, deafness or all
other affections of the middle ear, are
due primarily to chronic catarrh. Run
ning of the ear is properly called chronic
suppurative catarrh. Pe-ru-na will cure
catarrh of the middle ear, as well as
catarrh located elsewhere. This has
been proven over and over again in
innumerable cases besides the ones just
mentioned. Deafness and running of
the ears are but symptoms of chronic
catarrh of the middle ear. Pe-ru-na
cures the catarrh, when the symptoms
disappear, whether it be running ears or
deafness or any other affection of the
middle ear. The remedy is compounded
according to the formula originally de
vised by Dr. Hartman of tho Surgical
Hotel, Columbus, 0„ the noted writer
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and lecturer on all catarrhal disease*.
The second case, Mr. H. Walter Brady,
Cascade, Ark., is a case of suppuration
of the middle ear of
14 years’ standing.
He sayß: “ I had run
ning ears, and for 14
years 1 was almost
an invalid. It was
so offensive that I
excluded myself
from all society. I
received a pamphlet
from Dr. Hartman
* entitled ‘The Ills of
Mr.H.Walter Brady
Life.’ He wrote me that the remedy was
simple and that I could cure myself.
After using sl7 worth of his remedies I
was entirely cured. The world could
not buy my fortune. 1 recommend Pe*
ru-na to all as the best medicine sold.”
The third case is that of Rev. S. H.
Renfro, Xorbarne, Mo., who had running
ears. He says: “My
head gathered and
broke and my ears
ran terribly. I tried
several remedies
with no relief. At
last I got a bottle of
Pe-ru-na and it did
me so much good
that I kept on using
it; am on the fourth
1...... ii.....
bottle, and must say it has removed all
my bad symptoms. My head does not
pain any more, my ears have stopped
running and I feel a great deal better.
The next is the case of Master Murphy,
of latan, Mitchell
county, Texas, who
had been troubled
with running ears
ever since he was
nine months old.
After a thorough
course of treatment
with Pe-ru-na he was
entirely cured, and
is now rejoicing in
t 1 . fact that he is
fa
Master Murphy.
entirely free from t iis horrible disease.
A free book treating catarrh in all of
its different phases and stages, written
by Dr. Hartman, will be sent free, by
addressing The Pe-ru-na Drug Manu*
facturing Co., Columbus, Ohio.