Probert Elected Jailer!

Entrance to Jail with Miles Hoskins, Montgomery Co. Historical Society

So if you can't beat the government, why not join them? It will become apparent in future posts that Thomas was popular among the citizenry of Mt. Sterling. However, in this post Civil War town, it was becoming nearly impossible to support his family with a "coffee house." Fines were becoming too costly and the Commonwealth revoked his license to run a coffee house. So what to do next? RUN TO BE COUNTY JAILER!

Published in the Mt. Sterling Democrat 8-7-1866 and reprinted in the Cincinnati Enquirer

There are a couple of significant things to notice in this article. We have evidence that Thomas Probert was pro-union at the beginning of the Civil War. After all, he named his son after a famous Union Colonel. The war was conducted by President Abraham Lincoln, a Republican. But five years later, the political climate had completely flipped. Note that "the Democrats have elected all the county officers." Note also that "Radicalism has fizzled out in this county." The sweep of the Democrats in this election represented a sea change of politics in this area.

Thomas and his elected representatives would have their names published daily in the Mt. Sterling Democrat as part of a County Directory. Thomas emerged from the war with a steady job and income running the jail. He would keep this position until his death. 

Mt. Sterling Democrat published 12-24-1868

So what do we know about the jail?

Time to Find a Different Job

Credit: Library of Congress

It was getting increasingly difficult (and expensive) for Thomas to defend himself against charges that seemed to be filed on a regular basis. According to one website, a $60 fine is comparable to $822 in 2002 dollars. So imagine how Thomas and friends would deal with a fine of more than $10,000 in today's dollars. 

Commonwealth vs. Thomas H. Probert

Tuesday Morning, February 14th, 1865

Commonwealth

Tho. H. Probert                                                                          Indictment for keeping a gaming house.

          Upon motion of the Atty. for the Commonwealth, this indictment is ordered to be dismissed as to Deft. Mooney. The Deft, T. H. Probert came personally into court and confessed Judgment in favor of the Commonwealth for $500. It is, therefore, now adjudged by the court that the Commonwealth recover of said Defendant the sum of Five hundred dollars with interest from this date till paid the cost herein. It is now further adjudged that the license of said Probert to keep a coffee house in Mt. Sterling, Ky. be forfeited and declared null and void from this date, and that he be not permitted to recover said license.

HE DIDN"T EVEN FIGHT THE CHARGES! In fact, he probably took the "rap" for his friend, Mooney.

Eventually, Thomas had to file for bankruptcy.

If you're keeping score, Thomas is now the father of 16 and 20-year old daughters from his first marriage, and a two-year old daughter with Kate. But Thomas was not beat yet.

An Equal Opportunity Liquor Supplier

Credit: Library of Congress

Over the next couple of years, Thomas and various friends were indicted for various offenses. In addition for indictments for selling liquor without a license, Probert faced charges for running a "gaming house," running a "tippling house," and selling liquor to just about anyone who could pay for it. He sold liquor to minors, soldiers, and slaves.

The problem was not so much selling liquor to a slave, but rather not getting the permission of the slave's owner first. Who deserves a drink more than a soldier fighting the Civil War? Thomas frequently was able to get the charges dismissed or pay a fine. In the example listed below, even a jury found him "not guilty." This was in a case where the Commonwealth of Kentucky was the plaintiff!

I wonder how many of the jurors were also customers? Hmmm . . .

Making Ends Meet -- Probert Style

Credit: McCord Museum

Thomas was an entrepreneur. In my mind's eye I can see him in a parlor similar to the one pictured trying to figure out a way to increase his income. Never mind if some of his ideas were not quite legal - a small consideration.

It was January, 1862. The Civil War was really gearing up. His income from the "confectioner" shop may have been suffering with so many breadwinners consumed by the war. But Thomas found a way.

A visit to the Kentucky Archives quickly uncovered multiple indictments for Thomas. His home was frequently the venue for illegal card games, gambling, and serving liquor without a license. In the case below, Thomas was indicted for "issuing unlawful money,"

Both Thomas and his wife were cited. The Plaintiff alleged that "through the fraud of the Defendant, he was induced to sign the note." Initially, the Proberts were found guilty. However, on appeal, the original decision was overtuned and the judgment was set aside.

As we will see, this was not the first or the last time that Thomas would find favor from the courts.

Who Was Col. Speed Fry?

Since I first discovered the children of Kate and Thomas Probert, I couldn't help but wonder why they would name their son Col. Speed Fry. I don't know why it didn't occur to me to "google" that name until today. I should have done it a whole lot sooner because it explained a lot.

Recall that Col. Speed Fry Probert was born on February 14, 1862 -- just as the Civil War was gearing up. He was named after Col. Speed Smith Fry who served on the Union side of the Civil War. For those of you who may not be aware, most of Kentucky was pro-union at the beginning of the Civil War and pro-Confederate by the end. Although the issue of slavery became one of the main issues by the end of the war, it hadn't started out that way.

You may recall that a member of Thomas Probert's defense team, Garrett Davis, was a pro-Union man who was totally against secession. By the end of the war, this owner of 15 slaves had become completely disillusioned with the war and later ran for the Senate as a Democrat -- not the party of Lincoln.

Credit: Wikipedia

Such was not the case with Col. Speed Smith Fry. Col. Speed Fry was responsible for raising the 4th Kentucky Infantry. He played a major role in the Battle of Mill Springs which ended up being the first major Union victory of the war. The battle took place on January 19, 1862 -- about four weeks before the birth of Thomas and Kate's son. Col. Speed Fry was given credit for killing the Confederate General during some confusion. Apparently, General Zollicoffer mistakenly thought Col. Speed Fry was a Confederate. He rode right up to the Col. and accused him of shooting at fellow Confederates. By the time this mistake was recognized, the General had been fired upon and killed instantly. There is a lot of information available, often not consistent, about the details of this battle. But one thing was clear -- it was a victory for the North.

Credit: www.millsprings.net

I can only imagine that this victory was important to the Proberts as they thought the colonel would be an appropriate namesake. In addition, this research leads me to conclude that the Proberts, at least initially, favored the Union position.

Things were definitely getting off to a rough start in Mt. Sterling. It had to get better.

A Fresh Start in Mt. Sterling, Montgomery Co., Kentucky

Map of Mt. Sterling, 1879

Four months ago, I closed the chapter on the first phase of Thomas Probert's life. He was acquitted in the shooting of Jacob Spears. Shortly after his acquittal, he married Catherine Richardson, and the new family moved to Mt. Sterling, Montgomery County, Kentucky.

If you recall, Thomas began his career in Lexington as a "confectioner." This was the trade he took up in Mt. Sterling.

According to a History of Mt. Sterling, Kentucky, 

. . . the earliest baker to build a significant reputation in the community was Thomas Probert, who was in Mt. Sterling by 1859. By 1871 he was listed as a confectioner and liquor dealer, and apparently went completely in the liquor business after that." p.184)

There are no records nor mentions in the newspapers in those first couple of years. On March 18th, 1860, Bettie B. was added to the family, joining two older half-sisters. This was "Kate's" first child. Unfortunately, their time of great joy was to be short-lived, as Bettie died seven months later. A son, Col. Speed Fry, was born on February 14th, 1862. Col. Speed Fry was Thomas' first surviving son -- but he, too, would die young, living only 3 1/2 years. Maggie O. was born in 1864, but would also die just short of her first birthday. Col. Speed Fry and Maggie died within two months of each other. Kate, stepmother to Addie and Lucy, was yet to have one of her own children survive to the age of four. I can't imagine the pain.

Sleep little darlings, sleep.
Not in the cradle bed.
Not on the Mother's breast
But with the quiet dead.

Source:

History of Mt. Sterling, Kentucky, 1792-1918. Carl B. Boyd and Hazel Mason Boyd, 1984.

Past, Present and Future?

1982-2015

Yesterday, my son-in-law, Roland, emailed me pictures of his sons sled riding. It immediately triggered memories for me. I knew that that particular sled had been photographed many times over the years and that it had special memories for me from my own childhood.

A Flexible Flyer sled,
 from 1936, within the
permanent collection of
 The Children's Museum of Indianapolis.
Credit: Wikipedia

When I was a child, one of seven in my family, we had three wooden sleds of various sizes that we shared among us. At some point, I inherited the one pictured above. It was in pretty rough shape.

Fast-forward to 1982 and I was a single parent to Elizabeth and had recently started dating my now husband, Bill Reed. Bill had some skills, and I wanted to have him rehab the sled for Liz at Christmas. Bill replaced a couple of the boards and varnished the whole thing. We also wrote to the company that made the sled and they provided us with a new "Flexible Flyer" decal. The first two pictures on the upper left include Bill, me and Liz when we gave the sled to her. I'm sure it meant more to me than it did to her. It brought back memories of my Dad.


When our first grandson, Ian, came along, we decided to pass it on to him. I cherish the picture of Bill with Ian making final adjustments to the sled. It snowed here in Cincinnati, and Liz, Roland and Ian took advantage of the fresh snow with the old sled. Ian, in the pictures with the brown hat, delighted in this new experience -- as did Grandma with camera in hand.

So on January 31st, 2015, new pictures arrived in my inbox. Andrew, pictured on the bottom right in a blue hat, clearly loved his ride on the sled. Pictures of Ian on the "new" green plastic sled were also included, as well as a couple of videos. I guess I'm sentimental, but these traditions mean far more to me than any other kind of gift. On this date, I am grateful for my many blessings.

Tom's Annual Christmas Message 2014

It's Time to Recap

We're about to begin a new chapter in the life of Thomas H. Probert. As discussed in a previous post, Thomas was acquitted of the murder of Jacob Spears in February, 1859. The actual shooting took place in April, 1856, so this had consumed his life for almost three years. I have no information on how (or who) took care of his two daughters during his time in jail and while he was out on $2500 bail. At the time of his acquittal, his two girls, Addie and Lucy, were eleven and six years old.

I think that 21-year old Catherine "Kate" Probert may have had something to do with the girls' child care. Kate was born in Paris, Bourbon Co., Kentucky and was almost 13 years younger than Thomas. The Louisville Daily Courier carried the news of Thomas' acquittal on February 12, 1859.

On February 22, 1859, just ten days after the acquittal, Kate and Thomas were married in Paris, Kentucky. They took up residence in Mt. Sterling, Montgomery Co., about 15 miles from Paris. A fresh start in a new town was just what was ordered.

Initially, Thomas appeared to support himself as a baker. According to a History of Mt. Sterling, Kentucky, 

. . . the earliest baker to build a significant reputation in the community was Thomas Probert, who was in Mt. Sterling by 1859. By 1871 he was listed as a confectioner and liquor dealer, and apparently went completely in the liquor business after that." p.184)

This was an occupation Thomas had also practiced as a young man in Lexington.  So what would be the new chapter Thomas and Catherine would write in Mt Sterling?

Sources

"Kentucky, County Marriages, 1797-1954," index and images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-9999-17840-48?cc=1804888 : accessed 23 Sep 2014), 004542764 > image 217 of 343; citing Madison County Courthouse, Richmond.

History of Mt. Sterling, Kentucky, 1792-1918. Carl B. Boyd and Hazel Mason Boyd, 1984.

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