How to "Preserve Your Honor" by Having a Duel

Over the past few months, I have read a lot about the "tradition" of challenging someone who has "insulted" you by challenging them to a duel. It was considered to be part of the "honor code." If a "challenge" was offered, you had to respond or your "manhood" would take a hit. If you are as curious as I was about this topic, you can read some of the rules for dueling. If you understand the "honor code" of the time, you have a better idea of why Jacob Spears felt he had to defend his honor with a duel after Thomas Probert told him "not to show his backside."

Jacob Spears

The last two posts discussed the powerful men who served on the prosecution and defense teams for the trial of Thomas Probert. The whole tragedy of the death of Jacob Spears was the result of what Jacob perceived as an "insult" and the need to "defend his honor." Imagine my surprise when further research showed that five years after the trial, two attorneys involved in the trial were about to have a duel of their own!







The Honorable William E. Simms (Prosecution) challenged the Honorable Garrett Davis (Defense) to a duel over comments made by Davis and reported in a newspaper article published in the Paris Citizen. According to an article in The Cincinnati Enquirer published on June 14, 1859, the "challenge" resulted from this incident:

The Cincinnati Enquirer, June 4, 1859, p. 2.

You can read a rather lengthy exchange of letters that were published on June 17, 1859 in the Louisville Courier. The article  discussed a "Difficulty Between Capt. Wm. E. Simms and the Honorable Garrett Daivs. What's fascinating to me is that, in an effort not to break the law in Kentucky, they both agreed to hold the duel in Cincinnati.

The Cincinnati Enquirer, June 21, 1859, p. 4.

Luckily for all concerned, cooler heads eventually prevailed. With the mediation of several "friends" and representatives of the two men, the complaint was eventually withdrawn. The Louisville Daily Courier published the following resolution to the "difficulty" in its June 23, 1859 edition:

Ironically, Garrett Davis later signed legislation forbidding duels as a means of resolving differences in Kentucky. Even today when the Governor of Kentucky is sworn in, part of the oath requires that he/she swear that they have not and never will participate in a duel. "The times they are a'changin'." Bob Dylan

The Prosecutors

Other than the O.J. Simpson trial, I don't think it is common to have five prosecutors for a trial, especially one held in 1856. This, however, was the case for Thos. H. Probert. The Prosecution Team was headed by F. Kennedy, attorney for the Commonwealth. He was assisted by Richard Hawes, R. W. Wooley, R. H. Hanson, and Captain Simms.

Just "googling" these men made me aware of just what a "Dream Team" they were. I haven't been able to find anything on F. Kennedy, but the people who agreed to "assist" him were all men of stature.

Richard Hawes

Judge Richard Hawes 1797-1877
Photo Credit: Wikipedia

Richard Hawes was a member of Congress from 1837-41. In 1843, he became a member of the Paris, Bourbon Co. bar. During the Civil War (which took place after this trial), Richard Dawes was unanimously elected Provisional Governor by the Confederate Council in 1862, a position he held until the end of the war.

In the post-war period, Hawes served as a County Judge and Master Commissioner of Bourbon County from 1866-1877. This image is from a tin-type that is in a collection of the Historical Society housed in the former Duncan Tavern in Paris, Bourbon Co., Kentucky.







Hon. William E. Simms 

William E. Simms was born in Cynthiana, Harrison Co., Kentucky on January 2, 1822. According to Wikipedia:

He attended the public schools, and was graduated from the law department of Transylvania University in Lexington, Kentucky, in 1846. He was admitted to the bar in 1846 and commenced practice in Paris, Kentucky.

Simms served as a captain in the United States Army throughout the Mexican War, and was elected to the Kentucky House of Representatives from 1849 to 1851. He was elected as a Democrat to the Thirty-sixth Congress (March 4, 1859 – March 3, 1861), but unsuccessfully ran for reelection in 1860.

On October 21, 1861, Simms was appointed to the temporary rank of colonel in the Confederate Army. He was appointed lieutenant colonel in the Provisional Army of the Confederate States on December 24, 1861, and was assigned to the First Battalion, Kentucky Cavalry. He resigned his commission on February 17, 1862, having been chosen as one of two senators from Kentucky to the Confederate States Congress. He was a member of the Senate of the First and Second Confederate Congresses and also served in President Davis' Cabinet.

Richard H. Hanson

Richard Hanson came from a prominent family of lawyers. He represented the city of Paris and Bourbon County in the legislature from 1846 - 1847 and again from 1863- 1865. He also served in the convention that formed the "present" constitution in 1849. The History of Kentucky by Lewis Collins and Richard H. Collins described his impressive family.

Roger W. Hanson

Roger Hanson was born in Winchester on August 27, 1827. A Mexican War veteran, he participated in the California gold rush before becoming a Kentucky legislator. During the Civil War, Roger became colonel of the 2nd Kentucky Confederate Infantry. Captured at Fort Donelson, he ultimately became a brigadier general and commanded the "Orphan Brigade," Kentucky's most famous Civil War infantry unit. In early January 1863, Hanson was killed in a desperate charge at Murfreesboro, Tennessee.


Sanders, “Clark County's Hanson Brothers,” ExploreKYHistory, accessed July 13, 2014, http:/​/​explorekyhistory.​ky.​gov/​items/​show/​14​



R. W. Woolley 

The Leader (Lexington) published this obituary for R.W. Woolley on February 10,1905:
Col. R. W. Woolley died here [Louisville] at 4 o'clock this morning. He was born in Lexington seventy-seven years ago and came of one of the oldest families of the State. He was a nephew of Gen. William Preston and accompanied him to Madrid when the latter was United State Ambassador to Spain. He served on the staff of Gen. Buckner and wrote letter severely criticizing Gen. Bragg for which he was reprimanded by President Jefferson Davis. The news of Col. Woolley's death was not unexpected by relatives here as he has been in failing health for sometime. His wife was Miss Mary Johnston, of Louisville, and died sometime ago. He leaves two daughters, Mrs. Oscar Fenley, of Louisville, and Miss Sophia Johnston Woolley, both of whom were with him.

R. W. Woolley was an accomplished attorney in Louisville, Kentucky and served in a variety of roles that can easily be found by a search of the internet.

The trial of Thomas Probert took place seven years before the beginning of the Civil War. It appears, however, that the prosecutors in this case would side with the Confederacy or were at least southern sympathizers during the Civil War.

Given the popularity of the victim, Jacob K. Spears, I can't imagine how Thomas thought, in light of this team of prosecutors, that there was going to be any kind of positive outcome for him in this trial.