The Courier-Journal (Louisville KY), 12 February 1910, Sat, pg 3
CALLED TO THE HIGHEST BAR
Judge Andrew Barnett Dies of Old Age
One of Leading Attorneys of Kentucky
Successful Advocate in Many Big Cases.
RETIRED MANY YEARS AGO
Judge Andrew Barnett, one of the oldest and most prominent members of the Louisville bar, died at his home, 916 Cherokee Road, at 1:30 yesterday afternoon. Death was the result of the usual ailments attendant upon old age, but Judge Barnett had been confined to his bed only a few days. The funeral arrangements will not be completed until advices are received from his half-brother, Louis Barnett, of Minneapolis.
Members of the Family----
Judge Barnett never affiliated with any church or society, but was loved and admired by all who knew him. His immediate relatives are his sister, Mrs. Emily Green of this city; his half-brother, Louis Barnett, of Minneapolis; his son and only surviving child, Tyler Barnett, a well-known attorney; seven grandchildren and one great-grandchild. The grandchildren are Theodore, Andrew and Catherine Barnett, children of Tyler Barnett, and Mrs. Lew McCabe, Robert M. Cunningham, Jr., Barnett Cunningham and Miss Nannie Cunningham, children of his late daughter, Mrs. R. M. Cunningham, Sr. The great-grandchild is little Miss Frances McCabe.
Born in 1827----
Andrew Barnett was born in Green county, Ky., March 4, 1827. He was the son of William Barnett, a pioneer Kentuckian, and was named for his great-uncle, Andrew Barnett, a celebrated character in Kentucky in the early days and one of the original owners of thoroughbred horses. This uncle married a sister of Ben Hardin, the celebrated lawyer.
Judge Barnett attended a country school in Green county until he was 16 years old, when he was sent to college at Georgetown. There he remained four years, and later went to Harvard University, where he pursued the study of law.
Complimented By Harvard----
Ill health compelled him to return home, but his standing was such that the faculty forwarded him his diploma. After his health had been restored he came to this city and entered the law department of the University of Louisville, and was graduated in 1848.
In that class were the late Judge George C. Deane, of Frankfort, and the late Gov. Richard Oglesby, of Illinois. Judge Barnett was the last survivor.
Elected County Attorney-----
Upon his return to Green county, young Barnett was elected County Attorney by the magistrates of that county. Under the second Constitution of Kentucky the magistrates of the various counties elected the County Attorney. He served until 1850, when the third Constitution was adopted and all officeholders were legislated out. Later he was a candidate for the Legislature from his district, but was defeated by less than twenty votes by a popular physician of his county.
Won Notable Victory----
In 1856 he became a candidate for Commonwealth's Attorney in that district. His opponents were Judge Wood, Judge M. R. Hardin, of Washington County, and Judge J. C. Wickliffe, afterward Circuit Judge in that judicial district, and who later became United States District Attorney under President Cleveland. Judge Wickliffe is still living and is a popular resident of Bardstown. After a long and strenuous contest Judge Barnett was nominated and elected on the first Monday in August 1856. He defeated his opponents by several thousand votes. As Commonwealth's Attorney he succeeded Col. Phil B. Thompson, Sr., a noted lawyer of Harrodsburg and father of the late Congressman, "Little Phil" Thompson.
December 11, 1856, Judge Barnett married Miss Catherine Tyler, of Jefferson county. By a strange coincidence the birthday anniversaries of Judge Barnett and Mrs. Barnett took place on March 4, and was always duly celebrated by the husband and wife.
In 1858 Judge Barnett removed from Greensburg to Lebanon, which was the center of his judicial district. After a short time, he formed a partnership with the late Judge L. H. Noble. He continued to serve as Commonwealth's Attorney until 1862.
Owing to the fact that he was a Confederate sympathizer and the Federals had control of Kentucky, he declined to stand for re-election. He was succeeded in office by his law partner, Judge Noble, who was a Republican. The law partnership continued until 1866, when Judge Barnett removed to Louisville in September of that year.
Partner of Judge Edwards----
On coming to Louisville, he formed a partnership with the late Attorney I. W. Edwards, who afterward was elected Chancellor of this district. The partnership continued several years under the firm name of Barnett & Edwards. Later is became Barnett Edwards & Harding, and when Judge Edwards retired, the firm name was changed to Barnett & Harding. Sometime after Attorney Harding was forced to retire on account of ill health, and Judge Barnett formed a partnership with his old friend, Judge L. H. Noble, who had removed from Lebanon to Louisville. In all Judges Barnett and Noble were partners more than twenty years.
Tyler Barnett Admitted----
After Tyler Barnett became a member of the bar, the firm name was changed to Barnett, Noble & Barnett. When Judge Noble retired, Attorney Shackelford Miller, now Judge of the Chancery division of the Jefferson Circuit Court, was admitted to the firm and the name was changed to Barnett, Miller & Barnett.
Retired in 1895----
After the election of Judge Miller as Chancellor, Judge Barnett kept up the practice of his profession for a time, but retired in 1895 and after that never appeared at his office.
FIGURED IN MANY IMPORTANT CASES----
"Andy Barnett," as his old friends called him, was connected with many important and exciting law cases in Kentucky. He was attorney for the Louisville, Cincinnati, and Lexington Railroad Company until it was absorbed by the Louisville and Nashville. He was representing the Louisville, Cincinnati and Lexington in the celebrated suit with the Adams Express Company. Judge Barnett made the point that one common carrier could not be compelled to carry freight for another common carrier. The opposing counsel were Clarence Seward, of New York and Judge Stanley Matthews, of Ohio. The United States Circuit Court at Louisville decided against Judge Barnett. He then prepared his briefs and records for the United States Supreme Court, but before the case reached that tribunal the warring companies reached a compromise. However, the question went to the United States Supreme Court in another case, the lawyers representing railroads borrowed Judge Barnett's briefs and followed his line of argument. His contention was sustained by the Supreme Court, and the case is the first reported in 127 U.S.
Special Judge in Church Case----
Judge Barnett was elected Special Judge to try the celebrated church case of Watson versus Avery. That was soon after his coming to Louisville. His opinion was reported in full in the American Law Register for 1867, with annotations by Judge Redding. That opinion was followed by the Court of Appeals of Kentucky, but was not adopted as law by the Supreme Court of the United States, although Justice Miller paid Judge Barnett a high compliment.
Judge Barnett was noted as an orator, and in his early days as a most vigorous Commonwealth's Attorney. He had not appeared much in court for the last fifteen years, yet his mental faculties were unimpaired up to the time of his death.
His last noted case was in connection with the Preston will case, which was transferred from Jefferson to Trimble county.
Foiled Burbage---
Judge Barnett was quick to grasp and take advantage of a situation. In 1864 he was at Crab Orchard Springs. At that time Judge Alvin Duvall was Chief Justice of Kentucky and a candidate for re-election. Gen. Burbage, the Federal commander, issued an order prohibiting Judge Duvall's name from going on the poll books because he was supposed to be a Confederate sympathizer. All thought it meant the election of the Republican candidate, M. M. Benton. Judge Barnett, John F. Bell, of Danville, and Judge Fontaine Fox discussed the situation at Crab Orchard. Judge Barnett suggested sending a telegram to Judge George Robertson, of Lexington, asking him to consent to allow his name to go on the poll books. Judge Robertson had been Chief Justice twenty years before. He was a strong Federal leader in Kentucky. He wired back that he would stand for election. Judge Barnett, Mr. Bell, and Mr. Fox spent Saturday and Sunday in communicating with the county clerks of that district. Judge Robertson's name was placed on the ticket. He was elected and the plan of Gen. Burbage to control elections by military force was foiled.
Story Told By Maj. Sanders----
The late Maj. D. W. Sanders used to tell with great glee the following anecdote of Judge Barnett. A number of Methodist divines were assembled in Frankfort, and during a lull in their work a local Methodist invited them to go out and hear two eloquent young Kentuckians address a committee. Judge Barnett was the counsel on the side opposing the two "eloquent young Kentuckians." The invitation was accepted. Next morning the gentleman who had invited the preachers out met the same divines at breakfast, and asked what they thought of his young friends.
One of the preachers in his early days had been a jockey, and never got over his original enthusiasm for his vocation.
To his questioner he replied: "My brother, upon your invitation I went to hear your friends' debate. I saw you and your side bring out your two thoroughbreds in a double team and trot them around. They kicked up dust considerably, and I felt kindly to you for inviting me to see them on the track. But, my brother, the other side brought out that old blind horse and pulled off his blanket. Then he completely distanced your pair of thoroughbreds."
The speaker referred to Judge Barnett, who was near-sighted and who had been enveloped in a heavy storm overcoat.
[Transcribed by CatheaC #47339429]
-----------
Andrew Barnett was born in Green County, Kentucky. His grandfather William Barnett, was a native of Ireland and Colonial settler of North Carolina. He was a civil engineer by profession and came to Kentucky to represent and manage land holdings of Andrew Jackson in this state. His father was William Barnett of Greensburg, a farmer and trader. Andrew Barnett attended Georgetown College in Kentucky, Harvard University, and graduated from the Louisville Law School with the class of 1848. He married Kate Frances Tyler, the daughter of Presley Tyler and Frances Jane Marmaduke. They had two children Tyler, and Fannie Marmaduke Barnett.
[Unknown contributor]
CALLED TO THE HIGHEST BAR
Judge Andrew Barnett Dies of Old Age
One of Leading Attorneys of Kentucky
Successful Advocate in Many Big Cases.
RETIRED MANY YEARS AGO
Judge Andrew Barnett, one of the oldest and most prominent members of the Louisville bar, died at his home, 916 Cherokee Road, at 1:30 yesterday afternoon. Death was the result of the usual ailments attendant upon old age, but Judge Barnett had been confined to his bed only a few days. The funeral arrangements will not be completed until advices are received from his half-brother, Louis Barnett, of Minneapolis.
Members of the Family----
Judge Barnett never affiliated with any church or society, but was loved and admired by all who knew him. His immediate relatives are his sister, Mrs. Emily Green of this city; his half-brother, Louis Barnett, of Minneapolis; his son and only surviving child, Tyler Barnett, a well-known attorney; seven grandchildren and one great-grandchild. The grandchildren are Theodore, Andrew and Catherine Barnett, children of Tyler Barnett, and Mrs. Lew McCabe, Robert M. Cunningham, Jr., Barnett Cunningham and Miss Nannie Cunningham, children of his late daughter, Mrs. R. M. Cunningham, Sr. The great-grandchild is little Miss Frances McCabe.
Born in 1827----
Andrew Barnett was born in Green county, Ky., March 4, 1827. He was the son of William Barnett, a pioneer Kentuckian, and was named for his great-uncle, Andrew Barnett, a celebrated character in Kentucky in the early days and one of the original owners of thoroughbred horses. This uncle married a sister of Ben Hardin, the celebrated lawyer.
Judge Barnett attended a country school in Green county until he was 16 years old, when he was sent to college at Georgetown. There he remained four years, and later went to Harvard University, where he pursued the study of law.
Complimented By Harvard----
Ill health compelled him to return home, but his standing was such that the faculty forwarded him his diploma. After his health had been restored he came to this city and entered the law department of the University of Louisville, and was graduated in 1848.
In that class were the late Judge George C. Deane, of Frankfort, and the late Gov. Richard Oglesby, of Illinois. Judge Barnett was the last survivor.
Elected County Attorney-----
Upon his return to Green county, young Barnett was elected County Attorney by the magistrates of that county. Under the second Constitution of Kentucky the magistrates of the various counties elected the County Attorney. He served until 1850, when the third Constitution was adopted and all officeholders were legislated out. Later he was a candidate for the Legislature from his district, but was defeated by less than twenty votes by a popular physician of his county.
Won Notable Victory----
In 1856 he became a candidate for Commonwealth's Attorney in that district. His opponents were Judge Wood, Judge M. R. Hardin, of Washington County, and Judge J. C. Wickliffe, afterward Circuit Judge in that judicial district, and who later became United States District Attorney under President Cleveland. Judge Wickliffe is still living and is a popular resident of Bardstown. After a long and strenuous contest Judge Barnett was nominated and elected on the first Monday in August 1856. He defeated his opponents by several thousand votes. As Commonwealth's Attorney he succeeded Col. Phil B. Thompson, Sr., a noted lawyer of Harrodsburg and father of the late Congressman, "Little Phil" Thompson.
December 11, 1856, Judge Barnett married Miss Catherine Tyler, of Jefferson county. By a strange coincidence the birthday anniversaries of Judge Barnett and Mrs. Barnett took place on March 4, and was always duly celebrated by the husband and wife.
In 1858 Judge Barnett removed from Greensburg to Lebanon, which was the center of his judicial district. After a short time, he formed a partnership with the late Judge L. H. Noble. He continued to serve as Commonwealth's Attorney until 1862.
Owing to the fact that he was a Confederate sympathizer and the Federals had control of Kentucky, he declined to stand for re-election. He was succeeded in office by his law partner, Judge Noble, who was a Republican. The law partnership continued until 1866, when Judge Barnett removed to Louisville in September of that year.
Partner of Judge Edwards----
On coming to Louisville, he formed a partnership with the late Attorney I. W. Edwards, who afterward was elected Chancellor of this district. The partnership continued several years under the firm name of Barnett & Edwards. Later is became Barnett Edwards & Harding, and when Judge Edwards retired, the firm name was changed to Barnett & Harding. Sometime after Attorney Harding was forced to retire on account of ill health, and Judge Barnett formed a partnership with his old friend, Judge L. H. Noble, who had removed from Lebanon to Louisville. In all Judges Barnett and Noble were partners more than twenty years.
Tyler Barnett Admitted----
After Tyler Barnett became a member of the bar, the firm name was changed to Barnett, Noble & Barnett. When Judge Noble retired, Attorney Shackelford Miller, now Judge of the Chancery division of the Jefferson Circuit Court, was admitted to the firm and the name was changed to Barnett, Miller & Barnett.
Retired in 1895----
After the election of Judge Miller as Chancellor, Judge Barnett kept up the practice of his profession for a time, but retired in 1895 and after that never appeared at his office.
FIGURED IN MANY IMPORTANT CASES----
"Andy Barnett," as his old friends called him, was connected with many important and exciting law cases in Kentucky. He was attorney for the Louisville, Cincinnati, and Lexington Railroad Company until it was absorbed by the Louisville and Nashville. He was representing the Louisville, Cincinnati and Lexington in the celebrated suit with the Adams Express Company. Judge Barnett made the point that one common carrier could not be compelled to carry freight for another common carrier. The opposing counsel were Clarence Seward, of New York and Judge Stanley Matthews, of Ohio. The United States Circuit Court at Louisville decided against Judge Barnett. He then prepared his briefs and records for the United States Supreme Court, but before the case reached that tribunal the warring companies reached a compromise. However, the question went to the United States Supreme Court in another case, the lawyers representing railroads borrowed Judge Barnett's briefs and followed his line of argument. His contention was sustained by the Supreme Court, and the case is the first reported in 127 U.S.
Special Judge in Church Case----
Judge Barnett was elected Special Judge to try the celebrated church case of Watson versus Avery. That was soon after his coming to Louisville. His opinion was reported in full in the American Law Register for 1867, with annotations by Judge Redding. That opinion was followed by the Court of Appeals of Kentucky, but was not adopted as law by the Supreme Court of the United States, although Justice Miller paid Judge Barnett a high compliment.
Judge Barnett was noted as an orator, and in his early days as a most vigorous Commonwealth's Attorney. He had not appeared much in court for the last fifteen years, yet his mental faculties were unimpaired up to the time of his death.
His last noted case was in connection with the Preston will case, which was transferred from Jefferson to Trimble county.
Foiled Burbage---
Judge Barnett was quick to grasp and take advantage of a situation. In 1864 he was at Crab Orchard Springs. At that time Judge Alvin Duvall was Chief Justice of Kentucky and a candidate for re-election. Gen. Burbage, the Federal commander, issued an order prohibiting Judge Duvall's name from going on the poll books because he was supposed to be a Confederate sympathizer. All thought it meant the election of the Republican candidate, M. M. Benton. Judge Barnett, John F. Bell, of Danville, and Judge Fontaine Fox discussed the situation at Crab Orchard. Judge Barnett suggested sending a telegram to Judge George Robertson, of Lexington, asking him to consent to allow his name to go on the poll books. Judge Robertson had been Chief Justice twenty years before. He was a strong Federal leader in Kentucky. He wired back that he would stand for election. Judge Barnett, Mr. Bell, and Mr. Fox spent Saturday and Sunday in communicating with the county clerks of that district. Judge Robertson's name was placed on the ticket. He was elected and the plan of Gen. Burbage to control elections by military force was foiled.
Story Told By Maj. Sanders----
The late Maj. D. W. Sanders used to tell with great glee the following anecdote of Judge Barnett. A number of Methodist divines were assembled in Frankfort, and during a lull in their work a local Methodist invited them to go out and hear two eloquent young Kentuckians address a committee. Judge Barnett was the counsel on the side opposing the two "eloquent young Kentuckians." The invitation was accepted. Next morning the gentleman who had invited the preachers out met the same divines at breakfast, and asked what they thought of his young friends.
One of the preachers in his early days had been a jockey, and never got over his original enthusiasm for his vocation.
To his questioner he replied: "My brother, upon your invitation I went to hear your friends' debate. I saw you and your side bring out your two thoroughbreds in a double team and trot them around. They kicked up dust considerably, and I felt kindly to you for inviting me to see them on the track. But, my brother, the other side brought out that old blind horse and pulled off his blanket. Then he completely distanced your pair of thoroughbreds."
The speaker referred to Judge Barnett, who was near-sighted and who had been enveloped in a heavy storm overcoat.
[Transcribed by CatheaC #47339429]
-----------
Andrew Barnett was born in Green County, Kentucky. His grandfather William Barnett, was a native of Ireland and Colonial settler of North Carolina. He was a civil engineer by profession and came to Kentucky to represent and manage land holdings of Andrew Jackson in this state. His father was William Barnett of Greensburg, a farmer and trader. Andrew Barnett attended Georgetown College in Kentucky, Harvard University, and graduated from the Louisville Law School with the class of 1848. He married Kate Frances Tyler, the daughter of Presley Tyler and Frances Jane Marmaduke. They had two children Tyler, and Fannie Marmaduke Barnett.
[Unknown contributor]
The Courier-Journal (Louisville KY), 12 February 1910, Sat, pg 3
CALLED TO THE HIGHEST BAR
Judge Andrew Barnett Dies of Old Age
One of Leading Attorneys of Kentucky
Successful Advocate in Many Big Cases.
RETIRED MANY YEARS AGO
Judge Andrew Barnett, one of the oldest and most prominent members of the Louisville bar, died at his home, 916 Cherokee Road, at 1:30 yesterday afternoon. Death was the result of the usual ailments attendant upon old age, but Judge Barnett had been confined to his bed only a few days. The funeral arrangements will not be completed until advices are received from his half-brother, Louis Barnett, of Minneapolis.
Members of the Family----
Judge Barnett never affiliated with any church or society, but was loved and admired by all who knew him. His immediate relatives are his sister, Mrs. Emily Green of this city; his half-brother, Louis Barnett, of Minneapolis; his son and only surviving child, Tyler Barnett, a well-known attorney; seven grandchildren and one great-grandchild. The grandchildren are Theodore, Andrew and Catherine Barnett, children of Tyler Barnett, and Mrs. Lew McCabe, Robert M. Cunningham, Jr., Barnett Cunningham and Miss Nannie Cunningham, children of his late daughter, Mrs. R. M. Cunningham, Sr. The great-grandchild is little Miss Frances McCabe.
Born in 1827----
Andrew Barnett was born in Green county, Ky., March 4, 1827. He was the son of William Barnett, a pioneer Kentuckian, and was named for his great-uncle, Andrew Barnett, a celebrated character in Kentucky in the early days and one of the original owners of thoroughbred horses. This uncle married a sister of Ben Hardin, the celebrated lawyer.
Judge Barnett attended a country school in Green county until he was 16 years old, when he was sent to college at Georgetown. There he remained four years, and later went to Harvard University, where he pursued the study of law.
Complimented By Harvard----
Ill health compelled him to return home, but his standing was such that the faculty forwarded him his diploma. After his health had been restored he came to this city and entered the law department of the University of Louisville, and was graduated in 1848.
In that class were the late Judge George C. Deane, of Frankfort, and the late Gov. Richard Oglesby, of Illinois. Judge Barnett was the last survivor.
Elected County Attorney-----
Upon his return to Green county, young Barnett was elected County Attorney by the magistrates of that county. Under the second Constitution of Kentucky the magistrates of the various counties elected the County Attorney. He served until 1850, when the third Constitution was adopted and all officeholders were legislated out. Later he was a candidate for the Legislature from his district, but was defeated by less than twenty votes by a popular physician of his county.
Won Notable Victory----
In 1856 he became a candidate for Commonwealth's Attorney in that district. His opponents were Judge Wood, Judge M. R. Hardin, of Washington County, and Judge J. C. Wickliffe, afterward Circuit Judge in that judicial district, and who later became United States District Attorney under President Cleveland. Judge Wickliffe is still living and is a popular resident of Bardstown. After a long and strenuous contest Judge Barnett was nominated and elected on the first Monday in August 1856. He defeated his opponents by several thousand votes. As Commonwealth's Attorney he succeeded Col. Phil B. Thompson, Sr., a noted lawyer of Harrodsburg and father of the late Congressman, "Little Phil" Thompson.
December 11, 1856, Judge Barnett married Miss Catherine Tyler, of Jefferson county. By a strange coincidence the birthday anniversaries of Judge Barnett and Mrs. Barnett took place on March 4, and was always duly celebrated by the husband and wife.
In 1858 Judge Barnett removed from Greensburg to Lebanon, which was the center of his judicial district. After a short time, he formed a partnership with the late Judge L. H. Noble. He continued to serve as Commonwealth's Attorney until 1862.
Owing to the fact that he was a Confederate sympathizer and the Federals had control of Kentucky, he declined to stand for re-election. He was succeeded in office by his law partner, Judge Noble, who was a Republican. The law partnership continued until 1866, when Judge Barnett removed to Louisville in September of that year.
Partner of Judge Edwards----
On coming to Louisville, he formed a partnership with the late Attorney I. W. Edwards, who afterward was elected Chancellor of this district. The partnership continued several years under the firm name of Barnett & Edwards. Later is became Barnett Edwards & Harding, and when Judge Edwards retired, the firm name was changed to Barnett & Harding. Sometime after Attorney Harding was forced to retire on account of ill health, and Judge Barnett formed a partnership with his old friend, Judge L. H. Noble, who had removed from Lebanon to Louisville. In all Judges Barnett and Noble were partners more than twenty years.
Tyler Barnett Admitted----
After Tyler Barnett became a member of the bar, the firm name was changed to Barnett, Noble & Barnett. When Judge Noble retired, Attorney Shackelford Miller, now Judge of the Chancery division of the Jefferson Circuit Court, was admitted to the firm and the name was changed to Barnett, Miller & Barnett.
Retired in 1895----
After the election of Judge Miller as Chancellor, Judge Barnett kept up the practice of his profession for a time, but retired in 1895 and after that never appeared at his office.
FIGURED IN MANY IMPORTANT CASES----
"Andy Barnett," as his old friends called him, was connected with many important and exciting law cases in Kentucky. He was attorney for the Louisville, Cincinnati, and Lexington Railroad Company until it was absorbed by the Louisville and Nashville. He was representing the Louisville, Cincinnati and Lexington in the celebrated suit with the Adams Express Company. Judge Barnett made the point that one common carrier could not be compelled to carry freight for another common carrier. The opposing counsel were Clarence Seward, of New York and Judge Stanley Matthews, of Ohio. The United States Circuit Court at Louisville decided against Judge Barnett. He then prepared his briefs and records for the United States Supreme Court, but before the case reached that tribunal the warring companies reached a compromise. However, the question went to the United States Supreme Court in another case, the lawyers representing railroads borrowed Judge Barnett's briefs and followed his line of argument. His contention was sustained by the Supreme Court, and the case is the first reported in 127 U.S.
Special Judge in Church Case----
Judge Barnett was elected Special Judge to try the celebrated church case of Watson versus Avery. That was soon after his coming to Louisville. His opinion was reported in full in the American Law Register for 1867, with annotations by Judge Redding. That opinion was followed by the Court of Appeals of Kentucky, but was not adopted as law by the Supreme Court of the United States, although Justice Miller paid Judge Barnett a high compliment.
Judge Barnett was noted as an orator, and in his early days as a most vigorous Commonwealth's Attorney. He had not appeared much in court for the last fifteen years, yet his mental faculties were unimpaired up to the time of his death.
His last noted case was in connection with the Preston will case, which was transferred from Jefferson to Trimble county.
Foiled Burbage---
Judge Barnett was quick to grasp and take advantage of a situation. In 1864 he was at Crab Orchard Springs. At that time Judge Alvin Duvall was Chief Justice of Kentucky and a candidate for re-election. Gen. Burbage, the Federal commander, issued an order prohibiting Judge Duvall's name from going on the poll books because he was supposed to be a Confederate sympathizer. All thought it meant the election of the Republican candidate, M. M. Benton. Judge Barnett, John F. Bell, of Danville, and Judge Fontaine Fox discussed the situation at Crab Orchard. Judge Barnett suggested sending a telegram to Judge George Robertson, of Lexington, asking him to consent to allow his name to go on the poll books. Judge Robertson had been Chief Justice twenty years before. He was a strong Federal leader in Kentucky. He wired back that he would stand for election. Judge Barnett, Mr. Bell, and Mr. Fox spent Saturday and Sunday in communicating with the county clerks of that district. Judge Robertson's name was placed on the ticket. He was elected and the plan of Gen. Burbage to control elections by military force was foiled.
Story Told By Maj. Sanders----
The late Maj. D. W. Sanders used to tell with great glee the following anecdote of Judge Barnett. A number of Methodist divines were assembled in Frankfort, and during a lull in their work a local Methodist invited them to go out and hear two eloquent young Kentuckians address a committee. Judge Barnett was the counsel on the side opposing the two "eloquent young Kentuckians." The invitation was accepted. Next morning the gentleman who had invited the preachers out met the same divines at breakfast, and asked what they thought of his young friends.
One of the preachers in his early days had been a jockey, and never got over his original enthusiasm for his vocation.
To his questioner he replied: "My brother, upon your invitation I went to hear your friends' debate. I saw you and your side bring out your two thoroughbreds in a double team and trot them around. They kicked up dust considerably, and I felt kindly to you for inviting me to see them on the track. But, my brother, the other side brought out that old blind horse and pulled off his blanket. Then he completely distanced your pair of thoroughbreds."
The speaker referred to Judge Barnett, who was near-sighted and who had been enveloped in a heavy storm overcoat.
[Transcribed by CatheaC #47339429]
-----------
Andrew Barnett was born in Green County, Kentucky. His grandfather William Barnett, was a native of Ireland and Colonial settler of North Carolina. He was a civil engineer by profession and came to Kentucky to represent and manage land holdings of Andrew Jackson in this state. His father was William Barnett of Greensburg, a farmer and trader. Andrew Barnett attended Georgetown College in Kentucky, Harvard University, and graduated from the Louisville Law School with the class of 1848. He married Kate Frances Tyler, the daughter of Presley Tyler and Frances Jane Marmaduke. They had two children Tyler, and Fannie Marmaduke Barnett.
[Unknown contributor]
CALLED TO THE HIGHEST BAR
Judge Andrew Barnett Dies of Old Age
One of Leading Attorneys of Kentucky
Successful Advocate in Many Big Cases.
RETIRED MANY YEARS AGO
Judge Andrew Barnett, one of the oldest and most prominent members of the Louisville bar, died at his home, 916 Cherokee Road, at 1:30 yesterday afternoon. Death was the result of the usual ailments attendant upon old age, but Judge Barnett had been confined to his bed only a few days. The funeral arrangements will not be completed until advices are received from his half-brother, Louis Barnett, of Minneapolis.
Members of the Family----
Judge Barnett never affiliated with any church or society, but was loved and admired by all who knew him. His immediate relatives are his sister, Mrs. Emily Green of this city; his half-brother, Louis Barnett, of Minneapolis; his son and only surviving child, Tyler Barnett, a well-known attorney; seven grandchildren and one great-grandchild. The grandchildren are Theodore, Andrew and Catherine Barnett, children of Tyler Barnett, and Mrs. Lew McCabe, Robert M. Cunningham, Jr., Barnett Cunningham and Miss Nannie Cunningham, children of his late daughter, Mrs. R. M. Cunningham, Sr. The great-grandchild is little Miss Frances McCabe.
Born in 1827----
Andrew Barnett was born in Green county, Ky., March 4, 1827. He was the son of William Barnett, a pioneer Kentuckian, and was named for his great-uncle, Andrew Barnett, a celebrated character in Kentucky in the early days and one of the original owners of thoroughbred horses. This uncle married a sister of Ben Hardin, the celebrated lawyer.
Judge Barnett attended a country school in Green county until he was 16 years old, when he was sent to college at Georgetown. There he remained four years, and later went to Harvard University, where he pursued the study of law.
Complimented By Harvard----
Ill health compelled him to return home, but his standing was such that the faculty forwarded him his diploma. After his health had been restored he came to this city and entered the law department of the University of Louisville, and was graduated in 1848.
In that class were the late Judge George C. Deane, of Frankfort, and the late Gov. Richard Oglesby, of Illinois. Judge Barnett was the last survivor.
Elected County Attorney-----
Upon his return to Green county, young Barnett was elected County Attorney by the magistrates of that county. Under the second Constitution of Kentucky the magistrates of the various counties elected the County Attorney. He served until 1850, when the third Constitution was adopted and all officeholders were legislated out. Later he was a candidate for the Legislature from his district, but was defeated by less than twenty votes by a popular physician of his county.
Won Notable Victory----
In 1856 he became a candidate for Commonwealth's Attorney in that district. His opponents were Judge Wood, Judge M. R. Hardin, of Washington County, and Judge J. C. Wickliffe, afterward Circuit Judge in that judicial district, and who later became United States District Attorney under President Cleveland. Judge Wickliffe is still living and is a popular resident of Bardstown. After a long and strenuous contest Judge Barnett was nominated and elected on the first Monday in August 1856. He defeated his opponents by several thousand votes. As Commonwealth's Attorney he succeeded Col. Phil B. Thompson, Sr., a noted lawyer of Harrodsburg and father of the late Congressman, "Little Phil" Thompson.
December 11, 1856, Judge Barnett married Miss Catherine Tyler, of Jefferson county. By a strange coincidence the birthday anniversaries of Judge Barnett and Mrs. Barnett took place on March 4, and was always duly celebrated by the husband and wife.
In 1858 Judge Barnett removed from Greensburg to Lebanon, which was the center of his judicial district. After a short time, he formed a partnership with the late Judge L. H. Noble. He continued to serve as Commonwealth's Attorney until 1862.
Owing to the fact that he was a Confederate sympathizer and the Federals had control of Kentucky, he declined to stand for re-election. He was succeeded in office by his law partner, Judge Noble, who was a Republican. The law partnership continued until 1866, when Judge Barnett removed to Louisville in September of that year.
Partner of Judge Edwards----
On coming to Louisville, he formed a partnership with the late Attorney I. W. Edwards, who afterward was elected Chancellor of this district. The partnership continued several years under the firm name of Barnett & Edwards. Later is became Barnett Edwards & Harding, and when Judge Edwards retired, the firm name was changed to Barnett & Harding. Sometime after Attorney Harding was forced to retire on account of ill health, and Judge Barnett formed a partnership with his old friend, Judge L. H. Noble, who had removed from Lebanon to Louisville. In all Judges Barnett and Noble were partners more than twenty years.
Tyler Barnett Admitted----
After Tyler Barnett became a member of the bar, the firm name was changed to Barnett, Noble & Barnett. When Judge Noble retired, Attorney Shackelford Miller, now Judge of the Chancery division of the Jefferson Circuit Court, was admitted to the firm and the name was changed to Barnett, Miller & Barnett.
Retired in 1895----
After the election of Judge Miller as Chancellor, Judge Barnett kept up the practice of his profession for a time, but retired in 1895 and after that never appeared at his office.
FIGURED IN MANY IMPORTANT CASES----
"Andy Barnett," as his old friends called him, was connected with many important and exciting law cases in Kentucky. He was attorney for the Louisville, Cincinnati, and Lexington Railroad Company until it was absorbed by the Louisville and Nashville. He was representing the Louisville, Cincinnati and Lexington in the celebrated suit with the Adams Express Company. Judge Barnett made the point that one common carrier could not be compelled to carry freight for another common carrier. The opposing counsel were Clarence Seward, of New York and Judge Stanley Matthews, of Ohio. The United States Circuit Court at Louisville decided against Judge Barnett. He then prepared his briefs and records for the United States Supreme Court, but before the case reached that tribunal the warring companies reached a compromise. However, the question went to the United States Supreme Court in another case, the lawyers representing railroads borrowed Judge Barnett's briefs and followed his line of argument. His contention was sustained by the Supreme Court, and the case is the first reported in 127 U.S.
Special Judge in Church Case----
Judge Barnett was elected Special Judge to try the celebrated church case of Watson versus Avery. That was soon after his coming to Louisville. His opinion was reported in full in the American Law Register for 1867, with annotations by Judge Redding. That opinion was followed by the Court of Appeals of Kentucky, but was not adopted as law by the Supreme Court of the United States, although Justice Miller paid Judge Barnett a high compliment.
Judge Barnett was noted as an orator, and in his early days as a most vigorous Commonwealth's Attorney. He had not appeared much in court for the last fifteen years, yet his mental faculties were unimpaired up to the time of his death.
His last noted case was in connection with the Preston will case, which was transferred from Jefferson to Trimble county.
Foiled Burbage---
Judge Barnett was quick to grasp and take advantage of a situation. In 1864 he was at Crab Orchard Springs. At that time Judge Alvin Duvall was Chief Justice of Kentucky and a candidate for re-election. Gen. Burbage, the Federal commander, issued an order prohibiting Judge Duvall's name from going on the poll books because he was supposed to be a Confederate sympathizer. All thought it meant the election of the Republican candidate, M. M. Benton. Judge Barnett, John F. Bell, of Danville, and Judge Fontaine Fox discussed the situation at Crab Orchard. Judge Barnett suggested sending a telegram to Judge George Robertson, of Lexington, asking him to consent to allow his name to go on the poll books. Judge Robertson had been Chief Justice twenty years before. He was a strong Federal leader in Kentucky. He wired back that he would stand for election. Judge Barnett, Mr. Bell, and Mr. Fox spent Saturday and Sunday in communicating with the county clerks of that district. Judge Robertson's name was placed on the ticket. He was elected and the plan of Gen. Burbage to control elections by military force was foiled.
Story Told By Maj. Sanders----
The late Maj. D. W. Sanders used to tell with great glee the following anecdote of Judge Barnett. A number of Methodist divines were assembled in Frankfort, and during a lull in their work a local Methodist invited them to go out and hear two eloquent young Kentuckians address a committee. Judge Barnett was the counsel on the side opposing the two "eloquent young Kentuckians." The invitation was accepted. Next morning the gentleman who had invited the preachers out met the same divines at breakfast, and asked what they thought of his young friends.
One of the preachers in his early days had been a jockey, and never got over his original enthusiasm for his vocation.
To his questioner he replied: "My brother, upon your invitation I went to hear your friends' debate. I saw you and your side bring out your two thoroughbreds in a double team and trot them around. They kicked up dust considerably, and I felt kindly to you for inviting me to see them on the track. But, my brother, the other side brought out that old blind horse and pulled off his blanket. Then he completely distanced your pair of thoroughbreds."
The speaker referred to Judge Barnett, who was near-sighted and who had been enveloped in a heavy storm overcoat.
[Transcribed by CatheaC #47339429]
-----------
Andrew Barnett was born in Green County, Kentucky. His grandfather William Barnett, was a native of Ireland and Colonial settler of North Carolina. He was a civil engineer by profession and came to Kentucky to represent and manage land holdings of Andrew Jackson in this state. His father was William Barnett of Greensburg, a farmer and trader. Andrew Barnett attended Georgetown College in Kentucky, Harvard University, and graduated from the Louisville Law School with the class of 1848. He married Kate Frances Tyler, the daughter of Presley Tyler and Frances Jane Marmaduke. They had two children Tyler, and Fannie Marmaduke Barnett.
[Unknown contributor]
Gravesite Details
Burial Date: 02/13/1910, Ref: Cemetery Records
Family Members
Sponsored by Ancestry
Advertisement
Explore more
Sponsored by Ancestry
Advertisement
