Caswell Bennett, Chief Justice of Kentucky Court of Appeals

Livingston County, Kentucky has produced a number of prominent people, one of whom was Caswell Bennett, chief justice of the Kentucky Court of Appeals from 1878 until his death in Hopkinsville, Kentucky on 9 August  1894. The story of his life can be found in area newspaper obituaries shortly after his death.

Caswell Bennett was born August 27, 1836 in Halifax County, Virginia. His father, Ambrose L. Bennett, was  a lawyer, and for many years a farmer in that county. He was of Scotch-Irish origin. Judge Bennett was liberally educated in the neighborhood schools and at Millwood College, in Tennessee, under James B. Rains, who became a general in the Confederate army and was killed in the battle of Murfreesboro. 

He commenced the study of law at Lebanon, Tenn., subsequently read with Judge Joseph R. Underwood  of Bowling Green and finished his legal preparation with Hon. F.H. Bristow.  In 1857 he was admitted to practice. His first office was at Smithland, in Livingston County, where he has ever since continued to hold his residence.  Very soon he became known as one of the best lawyers in that region. In 1867 he was elected circuit judge of the third judicial district, holding the position six years, whereupon he was re-elected without opposition.

In 1870 he was a candidate for a seat on the appellate bench, but was defeated by Judge Lindsay. Eight years later he was again a candidate and was elected. He continued to serve and at the time of his death was presiding chief justice of the state's highest tribunal. Recently he secured the nomination to again succeed himself.

He was married in 1868 to Miss M.T. Cruce, of Smithland. She died a number of  years ago and Judge Bennett was again married in 1886 to Miss Mollie Crumbaugh, of Lyon County, who survives him. Two children, a son and daughter, were born of the first marriage, and a daughter of the last, and all are living.

Justice Bennett's remains were conveyed to the statehouse where they were to lie in state until the funeral. All state offices were closed during the day of the funeral. He is buried in Frankfort Cemetery.

Sources:

"At the State Cemetery Remains of Judge Bennett will Probably Be Buried," Evansville Courier,  10 Aug 1894, p. 1.

"The Dead Jurist," Evansville Courier, 11 Aug 1894, p. 1.

Published 2 September 2016, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Tombstone Tuesday - James W. and Alice E. Bennett

James W.

Bennett

July 25, 1857

Apr. 25, 1920

Alice E. His Wife

Sept. 28, 1863

May 21, 1921

A sinner saved by grace

Buried Repton Cemetery, Crittenden County, Kentucky. Tombstone photographed 6 June 2014.

According to his death certificate, James W. Bennett was born in Tennessee and was the son of Thomas J. Bennett and Martha Perkins. He was a blacksmith and died in Webster County, Kentucky.  His wife, Alice Emily Green, was the daughter of William and Susan Green and also died in Webster County. She was born in Crittenden County.

Published 12 August 2014, Western Kentucky Genealogy Blog,  http://wkygenealogy.blogspot.com/

Tombstone Tuesday - Thomas J.W. Jones

In Memory of

Thomas J.W. Jones

Born

Sept. 7, 1839

Died

Dec. 2, 1864

Weep not for me but weep for

yourself and your children

Buried at Landrum Cemetery, Livingston County, Kentucky. Tombstone photographed 4 September 2013.

Thomas J.W. Jones married Miss Serena Bennett 26 September 1861 in Livingston County. At that time he was age 22 and his bride was age 18. Serena remarried after Thomas died.  Mrs. Serena Jones married J.H. Walker 14 February 1871 in Livingston County. She died 10 December 1919 and is buried in Dunn Graveyard, Benton, Kentucky.

Published 6 May 2014, Western Kentucky Genealogy Blog,  http://wkygenealogy.blogspot.com/


Killed by the Night Riders

Most of us have heard tales of the Night Riders, who terrorized tobacco growers in western Kentucky and Tennessee during the first decade of the 1900s. The following is an account of one raid in Dycusburg, Crittenden County, Kentucky. It comes from the Henderson Daily Gleaner of 5 February 1908.

"Three hundred and fifty masked night riders rode into Dycusburg at 1 o'clock (Feb. 4, 1908), burned the tobacco factory of Bennett Brothers, the distillery of Bennett Brothers adjoining, shot up the home of William Groves, foreman of the tobacco factory, driving him from the building when he was captured and whipped almost to death.

"Henry Bennett, a member of the firm of Bennett Brothers, was taken from his home, tied to a tree and severely whipped. He was left bound to the tree. Bennett Brothers operate an independent factory and have been buying tobacco from nonassociation growers, it is claimed.

"When the mob called at Mr. Groves' house they requested him to come out. He declined to do so, and the shooting at once began. Mr. Groves was in a room with his wife and children and as the bullets began to fly through the windows, he deemed it best to come out in order to save the lives of his wife and children.

As he appeared on the porch, members of the mob grabbed and bound him. Taking him into the street, they whipped him and left him lying there. The mob then proceeded to the home of Henry Bennett and called him to come out. Hastily dressing, Mr. Bennett obeyed the command. He was then taken away, tied to a tree and severely beaten."

It is said that Henry Bennett never fully recovered from his ordeal. He died 20 October 1910 and is buried in Dycusburg Cemetery. Engraved on his tombstone is this: "Killed by the Night Riders."




Copyright on text and photographs
by Brenda Joyce Jerome, CG
Western Kentucky Genealogy Blog

Nuncupative Will of Stephen Bennett

A nuncupative will is an oral will declared or dictated before witnesses by the testator in his last illness. Afterwards, the will is reduced to writing and presented to the county court. A nuncupative will is often called a "death bed" will.

In 1833, Stephen Bennett declared his nuncupative will in Caldwell County, Kentucky. It was located among original wills of that year in the Caldwell County Clerk's Office in Princeton. This is what it says:

"Isaac B. McElroy declared on oath that Stephen Bennett died 23d day of June 1833, at his own house in Caldwell County - that in his last sickness and in the early part of the day on which he died he called the said Isaac and one Rowland M. Langston to take notice of his wish and request as to the deposition of his property; that the said Bennett did then, while in his perfect senses, and while he was of sound and disposing mind, say and declare that he wished as much of his property sold, including his crop of tobacco, and such as his family did not [crossed out] would not particularly need, be sold to pay his debts, that he wished the balance of his estate to be kept together for the purpose of raising his family or until they came of age; that his negro girl Viced he wished his wife to have as long as she lived; and that he wished David Perry to be his executor.

Rowland M. Langston came into Court and being duly sworn declared on oath that the said Stephen Bennett died on the 23d June 1833 at his own house in the sd. county, that in the last sickness of the sd. Bennett and in the forenoon of the day on which he died, while he was of sound and disposing mind, the sd. Bennett called on the said witness and one Isaac B. McElroy to take notice of his wish and request as to the deposition which he wished made of his property ...

It is ordered and considered by the Court that the foregoing be established the nuncupative will of Stephen Bennett dec'd. "

Letters testamentary were granted to David Perry.

Copyright on text and photographs
by Brenda Joyce Jerome, CG
Western Kentucky Genealogy Blog

Daughter of the American Revolution

The following obituary appeared in the Kentucky Morning Herald, 29 November 1904.

Smithland, Ky., Nov. 28 - Mrs. Susan Stringer Bennett, the last Daughter of American Revolution in Kentucky, and one of the few in the country, died at her home, five miles from here, yesterday. She was ninety-four years old last April, and until a very few years ago, when she sustained severe injuries from a fall, was in splendid health and very active. Mrs. Bennett's father, Leonard Stringer, was born in Georgia in 1760, and entered the Revolutionary army, and drove a provision wagon until old enough to enter regular service. A grant of land of 287 acres in Washington County, Ga., was given him for his services by Edward Telfar, Captain, Governor and Commander-in-chief of Georgia.

Mrs. Bennett claimed her father was intimately acquainted with George Washington, and that she had often seen him riding with Andrew Jackson. She remembered well when her half-brother and stepbrother returned from the War of 1812. The bed in which she spent the last few months of her life is over a century old, and the old log cabin in which she resided had been her home since she entered it as a bride over seventy years ago. Mrs. Bennett was the grandmother of Zed A. Bennett, County Superintendent of Schools of Livingston County.