Profile of W.S. Dycus

(Editor’s Note: The following appears in a book called A Tale of Two Cities: A History of Kuttawa, Eddyville and Lyon County and was written by W.W. Martin and EF. McNeill. It was reprinted in 1992 by the Lyon County Historical Society and is used here with permission).

Mr. W.S. Dycus was born in Dycusburg, Crittenden County, Kentucky, July 5, 1858. His native town received its name from the Dycus family, which is one of the leading families in Western Kentucky. Mr. Dycus was educated in the common schools of his county, where, by close application, he acquired a good business education. His first employment was as salesman in one of the local business of his home town. Mr. S.H. Cassidy was his first employer, and Mr. Dycus is to-day in business with this same gentleman. The firm of S.H. Cassidy & Co., of which Mr. Dycus is a member, is one of the largest rehandelers of tobacco in the state. They have two houses in the town of Dycusburg, one in Kuttawa, and one at Lamasco. This firm buys from 3,000,000 to 5,000,000 pounds of tobacco per annum. This vast purchase is converted into strips and dry leaf, and consigned to the Liverpool and London markets, where the firm has agents who take care of its foreign interests. Considerable portions are consigned to markets in Ireland. This large establishment buys a greater portion of the tobacco produced in its territory, and is consequently one of the prime factors in the industrial wealth of the country. Thousands of dollars are expended annually for labor, while hundreds of thousands are distributed in the purchases of tobacco.

The principal offices of this firm are in Kuttawa, Kentucky, which are under the supervision of Mr. W.S. Dycus. This gentleman has, by virtue of his long experience, mastered every detail of the tobacco industry, and is justly considered one of the leading tobacco merchants of Kentucky, which is famed for the production of the staple. In addition to his connection with the firm of S.H. Cassidy & Co., Mr. Dycus is interested in a number of local industries of the city. He is progressive and thoroughly in sympathy with the development of his town and county. Mr. Dycus is one of the leading spirits in the projected line of railroad from Dycusburg to Kuttawa. The completion of this line would connect a splendid scope of country with the markets of the world, and would firmly establish Kuttawa as a great shipping point. Should the enterprise be consummated, Mr. Dycus would be entitled to much credit by the citizens of Lyon and Crittenden Counties. Mr. Dycus is also interested in the educational work of Kuttawa, being a director of the New Century Normal College.

On June 27, 1882, Mr. Dycus was married to Miss Bobbie P. Paine, now deceased. To this union were born the following surviving children: Miss May Lou, Master Leo, Master Ray, and little Miss Catherine. Mr. Dycus, with his interesting children, occupies an elegant home on Oak Avenue near the center of the beautiful little city of Kuttawa.

Crittenden Press editor authors book

A 1991 article in a western Tennessee newspaper piqued the interest of Henry County, Tenn., native Chris Evans, and started a 16-year odyssey in search of an 81-year-old tale of moonshine and a murder trial that captured wide attention during Prohibition.

Evans, 43, recently announced the release of his book, South of the Mouth of Sandy, a 322-page historical piece published by Author House of Bloomington, Ind. It is available in hardcover and paperback. Evans is editor and publisher of The Crittenden Press newspaper in Marion.

The work focuses on life and death in and around what is still commonly known as the Old 23rd District at the confluence of the Tennessee and Big Sandy rivers. South of the Mouth of Sandy is available at the Crittenden County Public Library, McCracken County Public Library, Paris (Tenn.) Rhea Library, Big Sandy (Tenn.) Public Library and the Benton County (Tenn.) Public Library.

In addition to area libraries, the book can also be purchased online from the publisher at AuthorHouse.com or from various other Internet bookstores such as Amazon.com and Barnes & Noble.

The author grew up in Paris, Tenn., and graduated from Henry County High School in 1982. He holds a bachelor's degree in journalism from Murray State University and has worked in the newspaper business in western Kentucky for the past 25 years.

As a high school student in the early 1980s, Evans worked as a sports reporter for the Paris (Tenn.) Post-Intelligencer. It was an article written by P-I Publisher Emeritus Bryant Williams in 1991 that captured the imagination of the young journalist. Williams had written about a cub reporter named Paul Hurt who was working for the Paris newspaper in 1926 when he went along on his first big scoop. The story was about the arrest of a man accused of killing Tommy Evans, a farmer who lived in the Big Sandy River bottoms. The killing roused suspicions and emotions during that period of Prohibition because it was widely believed that Evans was shot because he was working with Revenue agents to locate and bust up whiskey stills in the Old 23rd District.

Lawmen hunted for a suspect for more than a week and the investigation became one of the biggest news stories in western Tennessee. An account of the events was even published in the New York Times and True Detective magazine.

South of the Mouth of Sandy also traces the early development of Henry County as pioneers crossed over the Tennessee River and first began settling the western shore in what was formerly Chickasaw territory. It provides a historical perspective on Crawford Bradford, one of the earliest property owners in Henry County. Bradford's farm was located in the present-day Paris Landing State Park, where he is also buried.

The book is a must-read for anyone interested in regional history as it draws a figurative picture of early American life on the banks of the Tennessee River.

From the Feb. 28 issue of The Crittenden Press. Used with permission.

Bingo Night in Dycusburg

Riverside Café's hours have been extended from 6 a.m. to 8 p.m., Tuesday-Saturday.

The owner of Riverside Café, Star Mahns, said the change will accommodate the breakfast crowd. If you want to get a good, hearty breakfast and coffee, be sure to stop by the café!

Also, she wants to remind everyone every Friday is open mic night down at the store. Anyone who is musically inclined is welcomed and encouraged to join the fun. Without a doubt, there's some real talent showcased on Fridays, from gospel to country to rock 'n roll. You might even see a youngster or two belting out some tunes down at the store on the Cumberland's banks.

Finally, remember that Saturday night is Bingo night at Riverside Café. Proceeds from the game will benefit Dycusburg community initiatives, such as Fouth of July fireworks, and other upcoming community projects.

Donations Still Needed for Vet Marker

Folks have already started to donate money for the Veteran's Memorial Marker to be placed at Dycusburg. But we still need much more!

A dedication ceremony, scheduled for July 4, 2008, is already in the works as well, and will include music, fireworks and a town BBQ festival.

The photo, although blurry, is a cell phone picture taken of the actual marker stone. It's an impressive rock, and we're certain will be a nice addition to the town.

In other news, cleanup efforts have been rekindled, and a very large cleanup will take place during the first part of April, in preparation for July's ceremony. If you'd like to make a donation or be involved with cleanup efforts, please e-mail me at matthewtpatton@yahoo.com.

Where Did the Coffins Come From? (Part 3)

As noted in a previous post, some coffins sold at Dycusburg came from the Evansville Coffin Company. Above is a photo of the building from the Willard Library (Evansville) Web site at http://www.willard.lib.in.us/photos/card1291.html. C. 1900 (Meyer-Schlamp 318)

Dycusburg Book in Reprints

I am ordering another round of Dycusburg books ... as I've said in the past, I never would have guessed how amazingly popular this book would have become.

More than 400 copies of Dycusburg, Kentucky: A Glance at Her Past have been sold since it was published in 1999. The book, 443 pages, is hardbound with gold-embossed lettering and is out of print. If you're interested in ordering a copy at $70, e-mail matthewtpatton@yahoo.com. Sections of the book include:

• Dycusburg history
• Dycusburg school records
• Dycusburg Methodist church records
• biographies of prominent Dycusburg citizens
• anecdotes and photographs
• Masonic Lodge records
• Dycusburg cemetery listing
• Yancy cemetery listing
• Federal census records
• Dycusburg police docket (1874-1902)
• Dycusburg newspaper abstracts.
  

Charles J. Doom (1933-2008)

February 14, 2008, age 74. Beloved husband of Barbra (nee Grimes). Dearest father of James (Brenda) Doom, Michael (Kris) Doom and the late Lisa Doom. Loving grandfather of Ann, Jim, Shawn, Kelly, and Nathan. Proud great-grandfather of Christopher, Daniel, Amber, and Haley. Dear brother of Lola Patton and Juanita (J.T.) Cobb. Charles was owner of P.T.M. in Fraser, MI for 25 years. Korean Conflict Army Veteran. Visitation Sunday 2-9 p.m. at Wujek-Calcaterra & Sons, Inc., 36900 Schoenherr Rd. at Metro Parkway (16 Mile). In state Monday 10 a.m. until 11 a.m. time of service at Bethesda Christian Church, 14000 Metro Parkway. Interment White Chapel Cemetery. Share memories with the family at their "On-Line Guest Book" at WujekCalcaterra.com.

Published in The Detroit Free Press (Feb. 16, 2008).

Some Still Without Power in Dycusburg Area

Some folks are still without power in the Dycusburg area, nearly 6 days since the power went out. Interestingly, some in the Dycusburg area experienced only a few hours of outages while some were without electricity for days. This storm and its damage were widespread, and many told us here at http://www.dycusburg.com/ this storm left the area looking like "a war zone."

Editor and blogger Chris Evans reported earlier today at his blog, http://crittendenpress.blogspot.com/ that "if you're still without power in Crittenden County, you're among the minority at this point."

He continued: "Power cooperative Kenergy says it now has just 251 Crittenden County customers in the dark. In Caldwell there are 285 and in Lyon 106. Those numbers were provided by the company at 11 a.m., Saturday. The last report from Kentucky Utilities was that it had about 300 without power in the Marion and Salem areas, but that was more than 24 hours ago."

The photo of a tree covered in ice was sent to me from a reader who lives near Dycusburg.

Where Did the Coffins Come From? (Part 2)

Brenda Joyce Jerome, CG, author of several genealogical publications and blogger at http://wkygenealogy.blogspot.com/, wrote and shared some information about coffins at Dycusburg, and how they may have made it there.

She said coffins were regularly carried by furniture stores and shortly after 1900, there were funeral directors. In the 12 June 1902 issue of The Crittenden Press, Boston and Walker, Funeral Directors and Embalmers advertised that they carried "a full line of coffins, caskets,
burial robes and slippers." Mr. Boston was a graduate of the National School of Embalming. They also had a hearse. Before coffins were carried by funeral homes, most coffins were handmade by a friend, neighbor or someone talented in woodwork.

Also, she noted that Henry and Henry came from Muhlenberg County and started their business in Marion before 1900, so no longer did tombstones have to be ordered from somewhere else.

"People in Dycusburg often did business in Lyon County and may have ordered their coffins from there," Jerome wrote.

She also added, "Boyd Funeral Directors in Salem, Livingston County, has a very old child's coffin on display in the room where you pick out a coffin in their funeral home. I've had to visit that room twice in the past few years and have seen it."

Charles Doom Passes Away

Charles Junior Doom, son of Francis Marion Doom and Addie Lee Duncan (Doom) died on Feb. 14, 2008 at age 74. He resided in Warren, Mich.

Francis Marion Doom and his brother, George Washington Doom, were itinerant photographers in Crittenden and Livingston Counties.

Charles Junior Doom was born May 25, 1933 in Crittenden County. He married Barbra Sue Grimes, daughter of Claude Grimes and Gladys Irene Fryar-Grimes. To this union were born three children, James Craig Doom, Michael Joseph Doom and Lisa Gaye Doom (who died in December). He was preceded in death by a brother, Rayburn Doom, and a sister, Mary Guess. Surviving are two sisters, Lola Mae Patton and Juanita Cobb.

More information will be published as funeral arrangement information becomes available.

Where Did the Coffins Come From? (Part 1)

In the late 1800s and early 1900s, coffins purchased through Dycusburg merchants came from a number of places. Often, because coffins were not planned purchases, these were the most urgent and necessary purchases, requiring notes to be sent to town to the merchant to get a coffin at once.

In a review of loose papers, I found that P.K. Cooksey and Co. used Evansville Coffin Company to purchase coffins. Some coffins, I noted, were shipped via steamboat (though I cannot confirm those from Evansville were shipped in this manner).

The note pictured above was to P.K. Cooksey and Mr. Yates from John Kinnis and Andy Kinnis, requesting a baby coffin.

June Term of Crittenden Circuit Court (1912)

Click image for larger resolution.

The Peoples Bank of Dycusburg (1905)

Pictured is a deposit slip from The Peoples Bank of Dycusburg from 103 years ago (Feb. 2, 1905). H.B. Bennett, a local businessman, wrote a check to P.K. Cooksey and Co., shown being deposited here. Click image for larger resolution.

Dycusburg Known for Drunkeness in 1881

(Editor's Note: Special thanks to Kay Sakaris for sharing this news item. Her ancestors are from Livingston Co. Her great-great grandfather was Capt. Richard M. Johnson [1822-1894] and was a steamboat captain. He lived at Tiline, across the river from Dycusburg and operated his boats from his farm, Johnson's Landing. This article from the Dec. 21, 1881 issue of The Crittenden Press mentions he, "Capt. Dick Johnson" visited Dycusburg.)

MR. ED: Again we claim our place in your widely read columns.

About the only excitement in town is that caused by such circumstances as, a fellow from the country with a basket of eggs or a Railroad magnate. Occasionally there is some excitement over the articles in the PRESS, when you are so unfortunate as to be bored with one.

Would you think it? Fred. is offended at us, and we are fearful that if we apologize, we will only make it worse. We don't understand that art, so we will not attempt it. We will only say that we did very wrong in accusing him of being handsome. We will not do so again.

Judge Hill has returned from a trip down in the Ford's Ferry country, to his old home. He informs us that his old home and his former play ground has been so rudely treated by this fast world that he hardly recognized the old place.

The steamer, B.S. Rhea, passed down Sunday.

We give a partial list of the following visitors at this place: Dr. P.M. D__, Dr. Maxwell, Bart James, Owen Boaz, G.L. Boaz, C. Koon, Norvel Pierce, Marion Oliver, John Oliver, Felix Cox, Capt. Dick Johnson, John Evans, Felix Dorm (Doom?), Brit Pollard, Joe Fore (?), Mr. Markham.

We are expecting another visit from the editor of the B.F. Dem., soon again, sometime shortly.

From what we can learn from the farmers, there is a great deal of wheat sowed; and it is looking splendid. A great deal of care, generally, was taken with the wheat and they already see the good effect that follows care and thorough work.

Corn is selling at 75 cents, and very little to be had at that.

We have a saw and grist mill near town. The proprieter is a business man, and we think he will make a bigger thing out of it some day, which is much needed here.

Christmas is almost here, and we have not heard a word said about a "Christmas Tree."

If Dycusburg is famous for anything for anything besides the number of young and old men that come in here from the country to get drunk and make fools of themselves, generally -- trying to capture steamboats, which of course, they could never do, unless that some steamboat were managed with geese (remember we do not say ganders) for then they could not take it.

A mink came into Mr. Galatley's store sometime since, and was killed by his two little dogs.

Since our last communication, in which we mentioned the serious illness of E. Steel, he has died. He was about sixty-five years old, and leaves a large family to mourn his loss.

Mr. George Yancy can tell you what it is to be bored by a Nashville drummer.

Mr. J.H. Clifton says that it is no trouble to have a popular hotel with such a fine looking man for "boss" as Shirley Pickering. And we need such ditto bachelors for boarders, as Dr. J.M. Graves and J.F. Houser.

V. Argus

Street Scene in 1902

Does anyone want to take a guess at what street this might have been? What was the intersection? This is Dycusburg in 1902. Click photo for larger version.

Bennett, et al. v. Owen, et al. (1919)

183 Ky. 233
Bennett, et al. v. Owen, et al.
Court of Appeals of Kentucky.
Decided February 11, 1919.
Appeal from Crittenden Circuit Court.

Page 234
MILLER & MORSE for appellants.
JOHN A. MOORE and JAMES A. MOORE for appellees.
OPINION OF THE COURT BY JUDGE SETTLE — Reversing.

W. L. Bennett died January 3, 1908, in Crittenden county, intestate, survived by his wife, Julia E. Bennett, and three children, Carrie Frances Bennett, Henry Walton Bennett, and Emma Crystal Bennett, all of whom are infants under twenty-one years of age. The widow, in 1915, married J. E. Emery. W. L. Bennett owned at the time of his death three lots in the town of Dycusburg, and a two hundred acre tract of land on the waters of Livingston creek and the Cumberland river, one hundred acres of which, including the improvements, was shortly after his death, allotted to his widow as dower. Shortly after W. L. Bennett's death the widow, by an order of the Crittenden county court, was appointed and duly qualified as the statutory guardian of each of the three infant children above named, in which capacity she is still acting. About the same time one H. A. Haynes, by an order of the Crittenden county court, was appointed and duly qualified as the administrator of W. L. Bennett's estate.

W. L. Bennett left a small personal estate, which went into the hands of the administrator following his appointment. As there were some debts owing by the estate and the personal property was insufficient to pay them, the administrator brought an action in the Crittenden circuit court under sections 428-489, Civil Code, to obtain a sale of the real estate left by the decedent, or enough thereof to pay the debts and also for a settlement of the estate, the widow and children being joined as defendants, the former in her capacity of widow and as statutory guardian for the children. The cause was referred to the master commissioner to report the assets and liabilities of the estate, and he later filed a report which showed the indebtedness to be $611.14, and that the cost of sale and effecting the settlement would probably

Page 235
amount to $175.00; and further, that there was no personal property to be applied to the payment of this indebtedness.

It does not appear from the record that the report was excepted to or confirmed; but following the filing of same the court entered judgment declaring necessary a sale of the real estate for the payment of the decedent's debts, and costs of the action, and directing a sale of a sufficiency of the real estate for that purpose, the whole of which is accurately described in the judgment, which excluded from the sale the one hundred acres of land previously allotted the widow as dower. The judgment, however, does not state the amount of the debts, but does recite that there shall be included in the costs of the action and paid out of the proceeds of sale, $100.00, allowed as a fee to the attorney of the administrator.

Acting under the authority conferred by this judgment the master commissioner advertised and sold at public outcry the whole of the real estate left by the decedent, except the widow's dower. The town lots were sold first and brought in the aggregate $365.00. The land, exclusive of the dower, was then sold in gross, bringing $1,035.00, the appellee, Henry Owen, being the purchaser. The sale was reported to and confirmed by the court, and by the court's order a deed was made through the master commissioner conveying the land to the appellee Owens, purchaser, who thereafter sold and, by deed, conveyed it to the appellee, William Griffin, who is now in possession of it. It will be seen from what has been said that the land purchased by Owen at the decretal sale and for which he paid only $1,035.00, contains 118 acres of fertile bottom land; and further, that although there were but $611.14 of debts owing by the estate and $175.00 costs, making a total indebtedness of $786.14, there was realized from the sale of the real estate $1,400.00, or $613.86 more money than necessary to pay the reported debts. Looked at from another angle, we find that upon crediting the indebtedness of the estate, $786.14, by the $365.00, realized from the sale of the town lots, there was but $421.14 of indebtedness left; yet for this there was sold a tract of 118 acres for $1,035.00, which was $613.86 in excess of the amount required to complete the payment of the debts.

The infant appellants, children and heirs at law of W. L. Bennett, deceased, suing in their own right, by their statutory guardian and also a next friend, brought

Page 236
the present action in the Crittenden circuit court against the appellees, Owen and Griffin, seeking to recover of them the 118 acres of land purchased at the decretal sale in the former action by Owen and sold by him to Griffin; and also to recover of them the rental value of the land for the years they have had it in possession. The petition sets forth the facts relating to the bringing of the action by the administrator, the rendition of the judgment therein, and the sale of real estate made thereunder, substantially as they are recited in this opinion. It is alleged in the petition that the judgment in that action, the sale thereunder of the land in question and its purchase by Owen, are void, as are the deeds attempting to convey it, made by the master commissioner to Owen and by Owen to Griffin, because there was more land sold in the action than was necessary to pay the debts against the estate of W. L. Bennett, deceased, and the court was without jurisdiction to sell more than enough of the real estate than was necessary to pay the decedent's debts. Furthermore, that the judgment sale and subsequent conveyances are void, because the judgment of the court did not fix or name any sum as indebtedness of the estate of W. L. Bennett, except a fee of $100.00, allowed therein to the administrator's attorney.

Appellees filed a general demurrer to the petition which the circuit court sustained. Appellants then tendered and offered to file an amended petition which the court refused to permit to be filed. Appellants excepted to the court's ruling in sustaining the demurrer to the petition and rejecting their amended petition; and refusing to plead further, their petition was dismissed. From the judgment manifesting these rulings this appeal is prosecuted. The amended petition, not permitted to be filed, was by proper order made a part of the record for the purpose of appeal.

The facts alleged in the petition being admitted by the demurrer must be taken as true; it is only our duty therefore to determine whether the petition states a cause of action. For very sufficient reasons the judgment in the action brought by the administrator and sale thereunder must be held void. According to the averments of the petition, which are admitted by the demurrer, the judgment does not show the indebtedness of the estate nor declare the real estate indivisible, and no order was ever entered in the case confirming the commissioner's report showing the indebtedness. In addition, the judgment

Page 237
made no provision respecting the disposition to be made of the surplus proceeds arising from the sale of the real estate, in the event it was found necessary to sell more of it than would pay the debts. As there were 200 acres of land belonging to the estate, saying nothing of the town lots, the court should have judicially known and declared it divisible, and by the judgment directed that only enough of it to pay the debts be laid off and sold for that purpose. As it was, the commissioner, without offering for sale a less quantity from that part of the land, not included in the dower, sold the entire 100 acres, merely announcing at the time that he would sell 100 acres "off the south side running the line due east and west from the river to a point in dower line so as to make 100 acres off the south side of same;" and the land thus designated, which included 118 instead of 100 acres, was sold. It is not to be overlooked that the action was one to sell the real estate of infants for the debts of the ancestor, from whom they inherited it, as well as to settle the latter's estate. So the proceedings were governed by section 489, as well as section 428, Civil Code. In Elliott v. Fowler, 112 Ky. 376, and the numerous cases therein cited, we held that a judgment for the sale of an infant's real estate and the sale made thereunder, are void, unless all the provisions of the statute authorizing the sale are strictly complied with; and that under Civil Code, section 489, in an action to settle an estate and sell an infant's land for debts of the decedent, a judgment for the sale of the land without ascertaining or fixing the amount of the indebtedness, as well as the sale made thereunder, were void as to the infant, to the extent that more land was sold than was necessary to pay the debts. Without commenting in detail on the several authorities cited in the opinion, it is sufficient to say that they as well as the following cases, Crutcher v. Rodman, 118 Ky. 506, and Carter v. Crow, 130 Ky. 41, decided since Elliott v. Fowler was decided, all adhere to the conclusion expressed therein. As the judgment and sale in question are both void appellants have the right to attack them as here attempted; and if the facts alleged in the petition are established by proof, they will be entitled to the relief demanded.

As the question is not before us, we do not now pass upon the equities that may arise in behalf of appellees, if upon the final hearing the circuit court should adjudge appellants entitled to the land. In that event, as appellees

Page 238
were purchasers in good faith, they should be returned the consideration paid by Owen for the land at the decretal sale; but, as stated, that question, as well as the question of rents claimed by appellants and whatever other equities may be presented in behalf of the parties, will properly be adjusted on the return of the case to the circuit court and following the filing of appellees' answer. Upon the return of the case appellants should be permitted to file the amended petition heretofore rejected by the court, as it merely sets out with greater particularity facts already alleged in the petition that are essential to a statement of the cause of action.

For the reasons indicated the judgment is reversed and cause remanded with instructions to the lower court to overrule the demurrer to the petition and for further proceedings consistent with the opinion.

Estate of W.L. Bennett vs. Henry B. Bennett (1909)

(Editor's Note: We found this interesting court case in the Court of Appeals of Kentucky. It was file by the estate of W.L. Bennett against his brother, Henry B. Bennett.)

Page 17
137 Ky. 17

Bennett v. Bennett, &c.
Court of Appeals of Kentucky.
September 28, 1909.
Appeal from Crittenden Circuit Court.
J. F. GORDON, Circuit Judge.
From the judgment H. B. Bennett appeals. — Affirmed.

Page 18
MILLER & MILLER and CARL HENDERSON for appellant.
BLUE & NUNN for appellee.
OPINION OF THE COURT BY JUDGE SETTLE — Affirming.

W. L. Bennett died in Crittenden county in 1908 intestate, leaving surviving him his widow, the appellee Julia E. Bennett, and three infant children. October 20, 1908, the widow brought suit in the Crittenden circuit court for the purpose of obtaining an allotment of her dower interest in the real estate left by her husband; he being, as alleged in the petition, the owner at the time of his death of numerous tracts of land situated in Crittenden county and several lots in the town of Dycusburg, all particularly described in the petition. The infant children of the decedent, certain tenants of the lands, and the appellant, H. B. Bennett, a brother of the decedent, who was understood to be making some sort of a claim to a part of the real estate, were all made defendants to the action. At the succeeding term of the court commissioners were appointed to lay off to the widow her dower, and they performed the duty required of them, and later reported the allotment to

Page 19
the court. After this was done, but before the confirmation of the report, the appellant, H. B. Bennett, a resident of Indiana, entered his appearance to the action, and was permitted to file an answer to appellee's petition, which was made a cross-petition against the children of the decedent, and in which the right of the former to dower in three of the parcels of real estate left by her husband was denied, viz., a tract conveyed the decedent by Mrs. J. Lankston, two lots in Dycusburg, conveyed the decedent by J. C. Rochester, master commissioner of the Crittenden circuit court, and a tract of 250 acres which had been conveyed the decedent and appellant, H. B. Bennett, by J. L. Bugg and wife in 1892, and the latter's undivided half he conveyed the decedent September 14, 1901.

The answer and cross-petition contained, in substance, the averments that the lands in question were not the individual property of the decedent at the time of his death, but were then and are now the property of a partnership formerly composed of W. L. Bennett and H. B. Bennett, notwithstanding the title to the whole of it was in and held by the former at the time of his death; that the lands were liable for the debts of the partnership, and should be treated as personalty for their payment, after which what might be left, if anything, of the decedent's half of the lands, or their proceeds, would descend to his widow and children as provided by the statutes of descent and distribution, but that not until after a settlement of the partnership matters and payment of the debts would the widow be entitled to dower in the lands, or the children to any interest therein. Appellee interposed a demurrer to the pleading in question, which the circuit court sustained.

Page 20
Appellant then filed an amendment thereto, and, appellee insisting upon her demurrer to the same as amended, the court again sustained it, and entered judgment declaring the decedent the sole owner of the land at his death; that his widow was entitled to dower therein, and confirming the allotment made her by the commissioners. The appellant having refused to plead further, and being dissatisfied with the judgment, by this appeal urges its reversal.

It will not be denied that dower should not be assigned a widow out of partnership property until the partnership debts are paid and partnership liens and equities are adjusted. Where real estate is purchased with partnership funds, the rule seems to be that as between the partners inter se and the firm and its creditors such real estate becomes impressed with the characteristics of personal property, and should be so treated in the settlement of the partnership or distribution of the property. But, as to the widow of a deceased partner, it is not to be treated as personal property; the rule being that she shall take dower in only so much of his share of any real estate of the firm as may not be required to pay the firm debts or in the adjusting of equitable claims as between the partners themselves. It must be confessed that some of the earlier cases decided by this court followed the English rule, which held that, when real estate is bought with partnership funds, it should be treated as personalty, not only as between the partners and the firm and its creditors, but also as to distribution between the administrator, widow, and heirs of the deceased partner. Cornwall v. Cornwall, 69 Ky. 369. But the later cases in this and other jurisdictions reject this doctrine,

Page 21
and adhere to the rule above stated. Davidson, etc. v. Richmond, etc., 69 S. W. 794, 24 Ky. Law Rep. 699; Carter v. Flexner, 92 Ky. 400, 17 S. W. 851, 13 Ky. Law Rep. 608; Duncan v. Duncan, 93 Ky. 37, 18 S. W. 1022, 13 Ky. Law Rep. 917, 40 Am. St. Rep. 159; Hill v. Cornwall & Bro.'s Assignee, 95 Ky. 524, 26 S. W. 540, 16 Ky. Law Rep. 97; Woodward-Holmes Co. v. Nudd, 58 Minn. 236, 59 N. W. 1010, 27 L. R. A. 340, 49 Am. St. Rep. 503; Campbell v. Campbell, 30 N. J. Eq. 415; Uhler v. Semple, 20 N. J. Eq. 288; Buchan v. Sumner, 2 Barb. Ch. (N. Y.) 165, 47 Am. Dec. 305; Shearer v. Shearer, 98 Mass. 107; Galbraith v. Tracy, 153 Ill. 54, 38 N. E. 937, 28 L. R. A. 129, 46 Am. St. Rep. 867; Bates on Partnership, 297; Tiedeman's Real Estate, sec. 246.

The question presented in this case, however, is: Does the answer and cross-petition of appellant state such facts as would justify the conclusion on the part of the court that the lands in controversy were partnership property, that they were purchased with partnership funds, or that W. L. Bennett held them in trust for the benefit of the partnership? It is contended by appellant that he and his brother W. L. Bennett were partners in the property, and that it was paid for with partnership funds; but when, how, and to whom, or on what land they were so paid is not alleged in the answer and cross-petition. Certain checks and drafts are referred to in the answer and cross-petition upon which it is claimed W. L. Bennett drew moneys from the partnership, though it is not alleged that the money obtained on them was used to pay for any of the lands in controversy. The checks and drafts were not filed as exhibits with the answer of appellant, and it is not alleged for what purpose they were drawn or used. It does not

Page 22
appear from the pleading in question that the checks or drafts referred to were not used for the benefit of the partnership, nor is it alleged that the sums received by W. L. Bennett upon the checks and drafts were not repaid or otherwise accounted for by him, or that he was not entitled to withdraw from the partnership funds the sums they represented, either as an advancement or to reimburse himself for the moneys of his own expended for the firm.

It is probable from the averments of appellant's answer and cross-petition that there are matters to be settled between himself and the estate of his late brother and partner, but not easy to tell therefrom what matters of difference or indebtedness there are to settle. The averments of his pleading are insufficient to show any contract or arrangement between himself and W. L. Bennett, to the effect that the latter took or was to hold the title to the lands in controversy in trust or otherwise for the partnership, nor are the facts alleged such as to impress any of the property with such a trust. On the other hand, they more nearly establish such a trust as is condemned by section 2353, Ky. St. (Russell's St. sec. 2050), which declares that: "When a deed shall be made to one person, and the consideration shall be paid by another, no use or trust shall result in favor of the latter, but this shall not extend to any case in which a grantee shall have taken a deed in his own name without the consent of the person paying the consideration, or where the grantee in violation of some trust, shall have purchased the lands deeded with the effects of another person."

Construing appellant's answer and cross-petition in a light most favorable to him, it must be assumed that if the land conveyed W. L. Bennett by

Page 23
Mrs. Lankston and the town lots conveyed him by Rochester, commissioner, were, as alleged, in part paid for with his (appellant's) money, appropriated from the partnership funds, it was done and the title thus vested in W. L. Bennett with appellant's knowledge and consent, for it is not alleged in the answer and cross-petition that the transaction was not known to him at the time it occurred, or that it was without his consent. This being the case, and no fraud or mistake being alleged in the execution of the deed from Mrs. Lankston or the commissioner, the alleged trust asserted by appellant would seem to be of the character condemned by section 2353, Ky. St.
The conveyances to W. L. Bennett of the 250-acre tract manifest no enforcible trust. The deed by which appellant conveyed him his undivided half of the 250-acre tract carries upon its face apparent evidence of its genuineness and an absolute passing of the title. It says in unmistakable language: "That said party of the first part (appellant) for and in consideration of the sum of $2,500, cash in hand paid, receipt of which is hereby acknowledged, do hereby sell and convey to the party of the second part, his heirs and assigns, the following described property, to wit: His undivided half of all that survey of land conveyed to them jointly by J. L. Bugg and wife January 11th, 1892, on the waters of Langston creek, in Crittenden county."

It is not alleged in the appellant's answer and cross-petition that he was overreached in any way by his brother in making this conveyance, or charged that there was any fraud or mistake in the execution of the deed. In the absence of such a charge, he is estopped to deny the bona fides of the transaction, or

Page 24
to impeach the deed by parol evidence that it was coupled with a secret trust contradictory of its terms and meaning.

The statement of appellant's counsel that the demurrer to the answer and cross-petition admits the truth of all its averments states the rule too broadly, and entirely omits an important qualification; for, as said in Newman's Pleading and Practice, sec. 540: "A demurrer is a pleading which imports that the party filing it objects to pleading further or introducing any testimony until he obtains the judgment of the court whether the statement of facts made by his adversary in his pleading is such as to require him to answer or proceed further. It admits for the purpose of the trial of that question all the facts alleged which are relevant and well pleaded, but does not admit conclusions of law." It can not be claimed, therefore, that the admissions arising upon the demurrer made good the vague and insufficient averment or conclusions of appellant's pleading, or supplied its omission of essential facts.

On the whole, we find no cause for disagreeing with the conclusions reached by the circuit court, and the judgment is, therefore, affirmed.

Power Outage Hits Crittenden County After Storm

(Editor's Note: The following snippet and the image comes courtesy of Chris Evans over at The Crittenden Press. See www.the-press.com and www.wpsdtv.com for extended coverage of the worst natural disaster to hit Crittenden County in 25 years).

An ice storm has hit Marion and Crittenden County leaving more than 2,400 residents without electricity. It is the worst disaster to hit Crittenden County in more than 25 years, according to Crittenden County Judge-Executive Fred Brown.

Kenergy, the power company that supplies much of rural Crittenden County, said the power outage could be long-term, possibly up to three days.

On Tuesday, only one gas station and one grocery store was open in the entire county. More than 10,000 homes were without power in Kenergy's service area which include Hopkins, Webster, McLean and Daviess County. A Kenergy spokesperson said Crittenden was the worst hit in its service area.

Crittenden County Judge-Executive Fred Brown and Deputy Director of Disaster and Emergency Management David Travis declared a disaster in the county and Gov. Steve Beshear mobilized the Kentucky National Guard to help in the community.

People stranded in their homes and without power should be prepared for an extended outage, according to Kenergy. With temperatures expected to drop todady, county officials and the American Red Cross are setting up shelters at Crittenden Elementary School, Marion Baptist Church and Marion United Methodist Church.

Anyone who needs help getting to a shelter can call 965-3500.

Cemetery Cleaning: 100 Years Ago

July 2, 1908

Dycusburg – On Saturday, June 13th, about 10 men and boys met at the Dycusburg cemetery and so nicely cleaned off the graves it surpasses any work of the kind in the history of Dycusburg. The faithful house wives and fair daughters prepared a most elaborate dinner in Kentucky basket-dinner style, and, at 11:30 a.m. sharp it was spread under the beautiful cedars in the northwest portion of the cemetery, where fully one hundred men, women, boys and girls gathered and informally partook in the tempting spread. However it was a hurried meal for a heavy storm cloud and wind threatened, with thunder and lightning. The people scattered to their houses and a heavy rain followed but every one seemed to enjoy the work and the dinner and home with a feeling that they had done a good work had been weought [sic].

From The Crittenden Press. Used with permission.

Flooding in 1937

Do you have any memories of the flood in 1937? Here's a picture of just how bad it got in Dycusburg.

Donations Sought for Veteran's Memorial Marker

Donations are now being collected for a Veteran's Memorial Marker to be placed at Dycusburg this summer.

The granite marker will honor both the living and fallen soldiers from the Dycusburg area.

The project is being headed up by community members who organized in October into a group called the Dycusburg Community Committee. Among the group's goals are to assemble regularly to identify projects that will help the community advance.

Like many river towns, Dycusburg had a bad reputation because of the less-than-desirable folks who traveled through here on steamboats during Dycusburg's heyday in the 1800s and early 1900s. But, on the whole, we are a much different town now, the committee said.

"It's been nearly 100 years since the roughest days of Dycusburg, and yet we are still working to shake that reputation. We want Dycusburg to become known as a clean, reputable and desirable charming little community to live," the committee explained.

Dycusburg was shaken last year when Spc. Chase Matthews was wounded north of Baghdad, Iraq, when his Humvee rolled over an improvised explosive device. Matthews was driving the scout vehicle for fuel tankers headed south on the main supply route from Baghdad to Basra.

The committee continued, "We think this is an honorable way to recognize the servicemen and women who put their lives on the line every day for the country. Some from around Dycusburg paid the ultimate sacrifice, and we want to acknowledge that with this beautiful marker."

The marker will cost approximately $1,500 and the Dycusburg Community Committee is soliciting donations. These can be mailed to Dycusburg Community Fund, c/o Barbara Ethridge, Treasurer, 841 Owens Rd., Marion, KY 42064. Checks should be made to "DCF."

A dedication ceremony will take place this July.

Paddy’s Bluff Retreat Sold, Closed

One of the area's most popular recreational sites has been sold and closed. Paddy's Bluff Retreat near Dycusburg was sold last week, according to John Travis, who started the ATV park five years ago and turned it into the county's largest commercial recreational enterprise.

Grogan and Hatcher Properties, LLC of Arlington, Ky., has purchased the property. Travis said he doesn't know what the new owner plans to do with it, but he is quite certain that it will no longer be operated as an ATV park.

According to the Kentucky Secretary of State's Web site, Grogan and Hatcher, LLC is a Kentucky limited liability corporation owned by Bobby L. Grogan and Mark Hatcher. The two are partners in a farming enterprise and are affiliated with several other Kentucky companies individually. Grogan is president of Grogan's Sausage in Arlington.

Crittenden County Judge-Executive Fred Brown said Paddy's Bluff had become a western Kentucky landmark which was known far and wide.

"It was an attraction that brought in a great deal of tourism and benefited our local economy," Brown said. "I think a similar type enterprise would be very viable here. We have plenty of undeveloped property where someone could start up something like it elsewhere."

Brown said the county and the local economic development corporation would be willing to work with anyone interested in developing a new ATV park in the county. Travis said some entrepreneurs have already contacted him about starting up an off-road vehicle park in a nearby county. They were consulting with Travis on the feasibility, he said.

"It was a very good business and we appreciate everyone who supported us and came to the park," said Travis, who opened the 650-acre facility in April of 2003.

"I thought it would be a weekend job, but it turned into be a whole lot more than that," he said.

The park hosted three- and four-day events during most holiday weekends, drawing hundreds of ATV riders and Jeep enthusiasts. It had also become host to a national off-road buggy event.

"Our biggest weekend was Memorial Day last year when we had about 1,800 people," said Travis.

In addition to off-road trails, the park offered overnight camping. Travis said several camper trailers are still located inside the complex. Owners need to contact him within the next 20 days to make arrangements to move them. He can be reached at 836-4297.

Paddy's Bluff had always been a local landmark. There is a legend surrounding the bluff overlooking the Cumberland River. It was there that an early Irish pioneer named Paddy rode a team of mules off the bluff into the river, one legend says. It was also a site used during the filming of “How the West was Won.”

Travis bought the property several years ago from the former Westvaco Corp., and a private landowner. About 200 acres was known as the Eugene Duvall farm with the balance previously belonging to the timber and paper company.

Travis, who also operates a private timber company, had been logging portions of the property while operating the ATV park, too.

"I really hated to let it go, but I had already signed the option back before we opened Paddy's Bluff," Travis said. "The people who had that contract exercised their option to buy it last week."

From The Crittenden Press, Feb. 7, 2008. Used with permission.

Roads Named in Error Cause Confusion

In the 1990s, technology helped push the need for a consistent system to rename Crittenden County roads (and roads across the country) for the emergency 911 system. Certain road names were causing confusion during the dispatch of emergency services, and Crittenden County officials were charged with location information, road classification and surfacing and road names for the E911 road naming process.

This was a great undertaking by the county officials, including our magistrate for Dycusburg, but I feel this resulted in some very blatant errors, some that threaten to cause problems for both current and later generations.

Here are some examples:

• Main Lake Road, as indicated on the signs, is listed as both Caldwell Dycusburg-Spring Road and Maple Lake Road on GPS systems (some of these are powered by NavTeq). The road technically should have been named Maple Sink Road. Although the signs are correct (Main Lake Road), NavTeq has this information wrong.
• Another blatant error was the naming of Mathew Cemetery Road just outside of Frances. Not only is the road approximately a half mile or more from the actual cemetery, but the cemetery is also named "Matthews Cemetery." I should know, as I am a Matthews descendant (note the double T). Having that road sign that located away from the cemetery is frustrating and an egregious error.
• Clay Valley Road is simply not Clay Valley Road. It has always been, at least as far as I can remember, Dycus Road. The signs say Dycus Road, so perhaps this error lies with NavTeq.
• Emmus Church Road is spelled wrong. It's Emmaus. Not sure if the signs are wrong. This could be a NavTeq error.

I contacted NavTeq regarding the errors that potentially lie with them. However, some roads simply need to be renamed even if for historical purposes. It's a pain when you're using a GPS, too, to locate roads and the signs are different than what the GPS indicates.

Do you know of any road names that are wrong in Crittenden County? How would you suggest getting these, once and for all, named properly and in line with navigation and satellite location software? E-mail me at matthewtpatton@yahoo.com.

Alumni Meeting of Dycusburg School (July 1972)

These former students and teachers of Dycusburg High School attended the Dycusburg Alumni Meeting Sunday, July 2, in Eddyville. They are (from left to right) first row, Neoval Decker, Stella Joyce, Reba Henry, Grace King, Anna Ferguson, Mae Green, Roger Linzy, Mildred Martin, Geneva Dycus and T.A. Martin; second row, Mazie Howard, Augusta Craner, Verna Belle Tabor, Lonnie Bragdon, and Leila Moody; third row, Carlon Howard, Howard Cassidy, Seth Ferguson, Lane Lockhart, Mattie Leon Brooker, Ross Lockhart, Ramey Peek, Ray Owen, Phillip Tabor and Billy Campbell. (Click photo for a hi-res version.)

I have the original print of this photo that ran in the newspaper. If you're interested in a copy, e-mail me at matthewtpatton@yahoo.com.

Dycusburg Police Docket (1874-1902)

In 1999, I transcribed the Dycusburg police docket. At the time, the docket was in Carlon Howard's possession.

You can download the 116 pg. transcription by clicking here.

Seeking Brad Hunt

I would like to get in touch with Carlon Howard's grandson, Brad Hunt, or his daughter Ann. If anyone knows how I can do that, please e-mail me at matthewtpatton@yahoo.com. Much appreciated.

Dycusburg Baptist Has Roots at Caldwell Springs

(Editor's Note: The following is reprinted from a 1976 publication, The Churches in Our County, printed by the Crittenden County Ministerial Association, Marion, KY.)

Nestled in a peaceful little valley, surrounded by hills and trees, Caldwell Springs Baptist Church has been the center of this community for 130 years. Nearby is the spring from which the church was named.

The church was organized in 1844 by a group of Christians from New Bethel Baptist Church in what is now Lyon County. This is the fourth building to house the church. The first two were log structures, and the third a brick building. The present building was constructed about 1890 with educational facilities added later. Within the last five years, the auditorium has been completely remodeled.

In 1874, letters of dismissal were granted to 17 of its members who, under the leadership of this church, joined together to form Dycusburg Baptist Church.

Five country roads lead out from our church, and through the years, the message of God has traveled down these roads and influenced many lives.

As we think of the work carried out by this church over the past 130 years, we remember the promise of God, “My Word shall not return unto me void.”

A Thriving Town in the 1800s

(Editor's Note: This article was written in May 1978 by Greg Travis. I am not sure of the exact publication location, but am tracking it down.)

By Greg Travis

The following is a brief look into the history of a town that once filled the air with a strange magnetism. A town that at one time the mere mention of its name brought excitement to the faces of all. A town that once could ask for nothing more. This is Dycusburg. Special thanks to Mrs. Leon Dycus for much of the history of the community.

August 4, 1804 (Editor's Note: I question this date), Dycusburg, the second largest city in Crittenden County, rested peacefully on the east banks of the massive Cumberland Ricer at a point where Livingston, Lyon, and Crittenden Counties converged. Nestled among the native forests of the vicinity Dycusburg would rapidly become a first class city for many of the markets of the world.

The first known settlers in this new wilderness was a family called Scyesters, who set up housekeeping on the farm now owned by the widow Jane Branum.

In 1835, a Mr. Shelby opened the first ferry at this location on the Cumberland thus the progression of this small Kentucky town began to take shape. The next man we find entering the scene is Berry Dycus (after whom the “Village of Dycusburg” as it was referred to in the early 1800’s census records, was named).

Dycus opened the first warehouse at this location and initially Dycusburg became the prime shipping point for the towns of Providence, Princeton, Madisonville, and Shady Grove. The Cumberland River, this small town’s greatest asset, was the number one means of shipping tobacco from these warehouses to the surrounding cities.

In 1844 Dycusburg was incorporated and it seemed that nothing would stop the cheerful little community. (Note: This was in 1847). With the growth of the city came the flow of many new thriving businesses. One of the first assemblages for the village was the Masonic Lodge charted the same year as the town’s incorporation.

Two beautiful new church buildings could only add to the splendor that hovered about the atmosphere of Dycusburg like a cloud.

The Baptist Church was first built on Commercial Street, but was later moved to a new building on a lot overlooking Dycusburg from the south side of town. This land was donated by William Bennett for the building of the new church.

The Methodist church, first recognized as the community church, stood on the corner of Walnut and Commercial.

In 1851, Jackson & Cobb were selling goods along with shipping tobacco. Cobb & Cobb would succeed this firm.

A large mercantile business was operated at the pen of Smith & Head. Much of the credit for the growth of Dycusburg belongs to the large tobacco warehouses, handling up to 4 million pounds annually. Much of this was shipped to Liverpool, England.

Some of the other names one might recall in the history of this pleasant community would be, David Moore & Bros., M.L. Smith, J.N. Flanagan, William Bennett & Co., T.T. Martin, The Yancey’s, I.L. Lenell, Cobb & Gillathy, Prichett & Cardin, William Dycus, and Dr. W.J. Graves. These men were known for their admirable business methods, integrity, and entertainment, giving Dycusburg much of its splendid trade.

Grand hotels like the Clifton House, The Yancey House, and the riverfront Dycusburg Hotel with their exquisitely decorated interiors once filled the town with many traveling salesmen, or drummers as they were called at that time.

Other businesses included, three general stores, two groceries, one hardware store, one drygoods store, one drug store, three saloons, and the Bennett Bros. Distillery, known for their Cooksey Spring Whiskey.

Large steamboats, handsome and sleek, like the J.P. Douileard were in a common sight at the landing in Dycusburg. Usually three or four at a time were moored at the riverbank awaiting the loading of another shipment bound not only for cities within the United States, but various foreign countries now.

Exuberant stages shows, elaborate and breath-taking, aboard many of the riverboats were a major drawing card for many of the young at heart.

Other steamers serving Dycusburg included the B.S. Thea, the W.H. Cherry, the Edgar Cherry, the H.W. Buttarf, the W.K. Phillips, R. Dunbar, Bob Dubley, and the J.B. Richardson with its melodious whistle. Most of these boats ran from Evansville to Nashville and New Orleans. In later years boats like the Will J. Cummings, the J.S. Lowery, and the Southland made their appearance in Dycusburg.

The last of the shinning beauties to emerge were the Nashville, the Grace Devers, and the Queen of Dycusburg.

The Grace Devers and the Queen of Dycusburg were two excursion boats owned and operated by F.O. Devers of Dycusburg. Devers arranged to have his steamers built there in his home town.

As the town progressed, thus did the need for the education of the children. So it was decided a building be erected for holding classes. A commodious school house was built atop the hill from Haywood Hollow.

A daily mail run from Kuttawa supplied the town with its quota of letters and papers. A river stage from Dycusburg to Paducah ran year round.

Then people of Dycusburg prided themselves on having their business run by such wonderful people. One of those being Miss Ida Harris who received the position as head of the Post Office from her father who had previously been Postmaster for Dycusburg.

Miss Harris, who also ran the millinery shoppe, was able to stay abreast of all the latest fashions and meet all competatory prices by being involved with the management of the Post Office.
Another of the interesting characters associated with the history of Dycusburg is Dr. W.J. Graves. Graves came to reside in this new community from Lebanon, Ky., where he had previously practiced medicine for a number of years. The good doctor practiced in Dycusburg for over forty years building a reputation second to none. Like most doctors of his time, his day was filled with caring for all imaginable illnesses, seeing to the needs of the community, and even amidst the hustle one might hear the cry of a newborn.

Dycusburg was continually prospering and business booming when suddenly in 1906 fire destroyed the majority of the quiet little village.

As the flames subsided and the smoke cleared, only the ruins of some 39 businesses remained standing. Damage was so extensive the rebuilding the town as it had once stood seemed almost impossible. The final hopes of ever relishing the memory of this peaceful community were scattered in 1907 when a second fire demolished the only businesses not hindered by fire the previous year.

Major losses included in the second fire were the Dycusburg Bank and The Yates Hotel. In 1908, Night Riders burned what tobacco warehouses were still intact and The Bennett Bros. Distillery. Beaten unmercifully during this ordeal were Henry Bennett and W.B. Graves for the buying of tobacco against the orders of the Night Riders.

While businessmen again attempted to revive the dissolute community, Charlie Smith, president of the Dycusburg Bank announced his intentions of moving the bank to its present location in Tiline, just across the river in Livingston County.

With the advent of the railroad and the decline of river transportation, Dycusburg would never regain the vigor that once filled the streets with the laughter of children, traveling salesmen packing the local hotels to the brim, or the echoing of the loan whistle atop the hastening steamboat as it rolled down the river like a song.

While young and old stood spellbound.

Crittenden Circuit Court of June 1907

(Editor's Note: Among old papers I have is an original copy of the flyer distributed for the Crittenden Circuit Court term of June 1907. I have included the text from the nearly 101-year-old flyer below. My ancestor W.L. Bennett brought a case against the Dycusburg Canning Co.)

The Crittenden Circuit Court
June Term, 1907

Hon. J. F. Gordon, Judge
Jno. G. Asher, Clerk
Jno. L. Grayot, Comth. Atty.
Carl Henderson, County Atty.
J. G. Rochester, Master Commissioner
J. F. Flanary, Sheriff
A. H. Travis, Jailer

Commonwealth Docket

SECOND DAY, Tuesday June 25.
Comth. of Ky. vs Wm. Manard, charged with burning a house.
Same vs G.W. York, false swearing.
Same vs Willis Clark, c.c.d.w.
Same vs Caroline Plumlee, keeping bawdy house.
Same vs Marion Rine, assault and battery.
Same vs Bird Cline, seduction.
Same vs Ed Young, fraudulently converting money, etc,
Same vs Jim Hogan (col.) maliciously shooting and wounding.
Same vs Robt. Heath, same
Same vs Ezikill Terry, detaining a woman against her will, etc.
Same vs Will Kirk, maliciously cutting and wounding another, etc.
Same vs Fred Kemp, horse stealing.
Same vs Almond Teer, and others, a rout.
Same vs Fred Hughes and others, d.r.w.
Same vs Fred Lemon, selling liquor without a license.
Same vs same, same.
Same vs same, an appeal from magisterial court.
Same vs same, appeal, quarterly court.
Same vs John and Henry Riggs, hog stealing
Same vs Henry Hamby, disturbing r.w.
Same vs Harvey Gass, c.c.d.w.
Same vs Brown McWhirter, cutting another in sudden heat of passion.
Same vs same, breach of peace.
Same vs Laurence Tackwell, c.c.d.w.
Same vs Ira Sullivan, selling liquor to minor.
Same vs Charley Clark, cutting another in sudden heat of passion.
Same vs Fred Gains, c.c.d.w.
Same vs same, breach of peace
Same vs Henry Hamby, disturbing religious worship.
Same vs Earl Farmer, flourishing a deadly weapon.
Same vs International Harvester Co., of America, failing to have word “incorporated” on advertising matter.
Same vs Kohinoor Laundry Co., failing to file statement in office Secy. of State.
Same vs same, doing foreign laundry business in State without license.
Same vs Earl Farmer, flourishing a deadly weapon.

THIRD DAY, Wednesday, June 26.
Same vs Ellis Akers, rape.
Same vs Shade Holder, breach of peace.
Same vs Evansville, Paducah and Tennessee Transportation Co., failing to have word “incorporated” on advertising matter.
Same vs R.M. Peak, injuring a mare not his own.
Same vs W.W. Millikin and others, aiding a prisoner to escape.

FOURTH DAY, Thursday, June 27
Same vs Lee Salyers, et al, disturbing a lawful assemblage of people.
Same vs Charley Bennett, furnishing liquor to a minor.
Same vs Charles Rice, trespass.
Same vs Lee Line Steamer, transacting business under assumed name without filing certificate in county clerk’s office.
Same vs Crowder Fox, buggery
Same vs Roe Hughes, adultery
Same vs Will Long, breach of peace
Same vs Ben Capps, J. J. McGee, gaming
Same vs J.J. McGee, furnishing liquor to a minor.
Same vs same, same.
Same vs Lillie Jones, adultery.
Same vs Mattie Wooten, keeping a bawdy house.
Same vs John Brantley, shooting fire arms in incorporated city.
Same vs Frank Young, Cecil Baker and Hewey Baker, injuring a school house.
Same vs Joe Dollar, fornication.

FIFTH DAY, Friday, June 28
Same vs Ed Rutter, willful murder.

Common Law Docket.

SEVENTH DAY, Monday, July 1st
R.R. Pickering vs Western Union Telegraph Co.
J.E. Stevenson vs W.H. Locket, et al.
M.C. O’Hara vs W.C. O’Bryan
Ada Robinson vs I.C.R.R. Co.
Wm. Birchfield vs Royal Fraternal Union
R.H. Kemp, etc. vs W.S. Kemp, Jr.
Same vs same
Sullivan Machine Co. vs Adams & Pierce.
Marion Coal Co. vs T.R. Troundle.
John Tinsley vs Marion Mineral Co.
Annie E. Rhodes vs J.A. Graves, et al.
Same vs S.H. Cassidy, et al.
Theodore R. Troundle vs Crittenden Coal & Coke Co.
Thompson Wilson Co. vs T.H. McReynolds, et al.
John G. Martin vs I.C.R. Co.
Alf Doom vs M.A. Cassidy, et al.
Eskew Bros., vs J.W. Wilson
A.H. McNeely, et al. vs I.C.C.R. Co.
Elzie Clement vs W.E.Boaz
Griffin & Wells vs O.H. Scott, et al.
Dow Little vs Iley Lofton
C.E. Grady et al vs Harth Bros.
J.M. Samuels vs Andrew J. Hartzell, etc.
P.C. Howerton vs I.C.R.R. Co.
J.W. Taylor vs J.W. Simpson
W.R. Cruce, et al., vs I.C.R.R. Co.
W.L. Bennett vs Dycusburg Canning Co.
Walter A. Wood Mowing and Repairing Machine Co. vs Jas. Writtenbery, etc.
Will Gibbs vs. J.J. McGee and I.C.R.R. Co.

Appearances, Eighth Day
Geo. M. Crider vs. Geo. H Crider
J.G. Rochester vs W.R. Hodges, et al
Same vs C.E. Lamb
Eliza Phillips vs B.M. George
Sallie McMican vs Lewis A. Sliger
A.J. Baker vs. C.W. Allen
Mary R. Snow, etc., vs Johnnie Towery, etc.
America E. Hill, etc. vs Annie C. Hill
R.L. Moore vs E.J. Travis, et al.
T.C. Gilliand vs W.B. James, et al.

Equity References.
Henry M. Daniels vs John G. Daniels.
J.W. Bettis vs H.A. Hodge
Annie L. Orme vs Prince Pickens
J.M. Swansey vs Robt. Belt, et al.
Mary J. Black, admrx. Vs Alice Towery, etc.
C.J. Pierce vs L.F. McCage
Sophia A. Sexton vs Daniel Sexton
Thomas J. Jones vs Malisa Jones
M.G. Jacob vs R.H. Enoch
Rasella Saunders vs John Saunders
Ellis Pool vs Arlander Pool
Samuel S. Brown vs Ed E. Squirer
Alto Moss vs Will Moss
J.L. Turley vs J.C. Alexander
Alice Myres Beavers vs Tom Myers, et al.
Wm. W. Plumlee vs Sopha Plumlee
Boston & Paris vs J.E. Chittenden, et al.
C.S. Nunn, Admr. Vs Ruth Guess, et al.
Jas. T. Skinner, et al. vs Farmers & Merchants Bank
R.W. Wilson vs Mary Fowler, et al
Frank Jackson vs Louisa Waddell, et al
Geo. B. Simpson vs D.T. White vs A.J. Grant (consolidated)
Bigham Masonic Lodge vs Electa M. Frisbie
Cochran & Pickens vs Willis H. Thomas
Judy Hoover vs J.H. Bettis, et al.
W.B. Yandell vs Mary Hill, et al.
Lucy Flanary vs Dock Flanary
J.C.B. McMican vs H.S. Gilbert
J.W. Blue, Jr. vs Jas. P. Simpkins
J.A. Wheeler, et al. vs J.H. Bettis, et al.
Burt Crayne, et al. vs Linnie Dorrah, et al.
W,H. Clark vs W.H. Mann
M.E. Mayes vs Emma Scott, et al.
J.T. Lanham vs Joseph Hurst, et al.
Joe L. Clinton vs Jas. F. Cook, et al.
Grand Detour Plow Co., vs J.E. Pilant, et al.
S.S. Sullenger vs L. Bloomfield

Equity References, Continued.
Walter Thurman vs Nora Thurman
Effie Scott vs Thomas Scott
Wm. Fowler vs Robt. Fowler
B.J. Crowell vs F.P. Gobin
J.A. Graves, et al vs Virginia Graves, et al.
R.S. Paris vs Red Hill Mining Co.
J.F. Son vs Mary E. Vinson, et al.
W.L. Bennett vs Dycusburg Canning Co.
W.W. Kimball Co. vs J.W. Givens

Equity Appearances
Gettye Franklin vs John W. Franklin
F.S. Gass, admr. Vs Mrs. M.F. Slayton, et al.
Mary E. Hancock vs Walter A. Hancock
Cora A. Nesbit vs H.E. Nesbit
Nannie Brightman vs Barney Brightman
America Hill vs Noble Hill
Amanda B. Clark vs Sallie McMican, et al.
Dixie Buckhannan vs Wm. Buckhannan
Judie C. Griffith, et al. vs Lilly M. Turley, et al.
Georgia Jessup vs David Jessup

Dycusburg Book Reprints for 2008

I am ordering another round of Dycusburg books ... as I've said in the past, I never would have guessed how amazingly popular this book would have become.

More than 400 copies of Dycusburg, Kentucky: A Glance at Her Past have been sold since it was published in 1999. The book, 443 pages, is hardbound with gold-embossed lettering and is out of print. If you're interested in ordering a copy at $70, e-mail matthewtpatton@yahoo.com. Sections of the book include:

• Dycusburg history
• Dycusburg school records
• Dycusburg Methodist church records
• biographies of prominent Dycusburg citizens
• anecdotes and photographs
• Masonic Lodge records
• Dycusburg cemetery listing
• Yancy cemetery listing
• Federal census records
• Dycusburg police docket (1874-1902)
• Dycusburg newspaper abstracts.
  

Seven Springs Provided Name for Community

(Editor's Note: This article originally appeared in the Sept. 25, 1931 issue of The Crittenden Press. It is used here with permission).

Row of Springs, A Few Feet Apart, Have Since Disappeared

ON AXLEY CREEK

The Seven Springs Church, according to J.A. Guess, clerk of that church, was so named because when it was first built it stood close to seven large springs, which with the exception of one have since disappeared.

The first Seven Springs Church was on Axley Creek about two and a half miles from the church in use by that congregation today. The new building is only a few yards away from the Boax school house near the junction of the Dycusburg-Salem road, the Dycusburg-Marion road and the Dycusburg-Emmaus road.

On a high bank near Axley Creek were seven springs in a row some few feet apart. This was once a popular picnic spot. High water from the Cumberland River deposited enough sediment to entirely cover these springs which later again came to the surface as one large spring about 100 yards down the creek

Thick Woodland
In the early days the seven springs were surrounded on all sides by a thick woodland and cane breaks, the natural habitat of wild turkeys, squirrels and wildcats. In 1886, Rev. Jim Benton, a Methodist minister, held a revival in a brush arbor at Seven Springs. In 1894 Thuse Jeffords built another brush arbor where Rev. Job Hollaway, of Lyon County, preached regularly until cold weather. That winter a little log church was built and Rev. Hollaway was holding a meeting there when the Ohio River Association sent Rev. J. A. Lockhart, in August, 1895, to organize a Baptist Church in the community.

The charter members were Mr. and Mrs. Thomas Greenlee, Plenic Reynolds, Mrs. and Mrs. J. L. Jeffords, Mr. and Mrs. Henry Sparkman, Willie Hill, Lee Travis, Mr. and Mrs. J.G. Jeffords.

Two Other Churches
Since that time two other churches have been built at that place. At the present the church is located over two miles away from the old location of the seven springs the church still goes by that name. It now has 180 members. Rev. J.T. Cunningham has been pastor for the past fourteen years. Former pastors were, in order: Rev. John Lockhart, Rev. G.F. Waters, Rev. J.C. Kinsolving, Rev. G.S. Summers, Rev. E. M. Eaton, Rev. U.G. Hughes and Rev. W. W. Crouch.

The surrounding country is now known as the Seven Springs Community.

Boaz school house nearby was named for George L. Boaz, a prominent citizen of the community.

Sold Out: Frances Book Reprints

As of Feb. 1, the Frances, Kentucky: Days Gone By book reprinting has sold out. Thanks to everyone who was interested and to those who purchased the reprints. I was really surprised how quickly the books went. If you'd like to add your name to an ongoing list for another printing in a few months, please send me an e-mail at matthewtpatton@yahoo.com.