EAVES, CHARLES
Saturday, July 8, 2006, 09:05 PM - Muhlenberg County
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Among Muhlenberg's men of the last
half of the Eighteenth Century none was more universally loved than the
late Judge Charles Eaves.
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His father, John S. Eaves, was born
near Roanoke River, Virginia, in 1783, and after a short stay in
Nashville and Russellville settled in Muhlenberg in 1805 and became one
of the county's most influential pioneers. He located on Pond River,
near Harpe's Hill. He was an intelligent man and a thrifty farmer,
served as justice of the peace and sheriff, and in 1834 represented the
county in the State Legislature. He died in Greenville in 1867. John S.
Eaves married Lurena Ingram. She was a talented woman and like her
husband very much interested in the development of the county. They
were the parents of seven children, of whom Charles Eaves was the
youngest son. 1
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From early youth and through all
the years of his life Charles Eaves was a student not only of law,
history, and literature, but also of the natural sciences. During his
boyhood and early manhood he devoted most of his winter evenings to the
reading of good literature, and in the warmer season spent much of his
spare time wandering through the Pond River forests studying Nature or
sitting under an old sycamore on the banks of Eaves Creek, near his old
home, perusing good books. To him the monarchs of the forest were
philosophers and friends. His poetical idea of the interpretation of
the trees is beautifully expressed by his personal friend, James Lane
Allen, in "Aftermath." 2
Judge Eaves recognized the great educational value of travel. At the
age of
twenty-two he made a trip on horseback to Dakota and other Western
sections, and later in life visited some of the Eastern cities and the
Southwestern States.
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A brief biography of Judge Eaves
was published in J. H. Battle's "Kentucky, a History of the State,"
twenty years before his death. From this I quote:
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Charles Eaves was born January 20,
1825, nine miles west of Greenville. He was educated chiefly at home.
In early boyhood he became a voracious reader. He gathered books and
spun his own web of knowledge. On his father's farm his habit was to
read half the night, after working on the farm all day. At the age of
eighteen he took up the study of law on the farm, reading Blackstone,
Story, Chitty, Stevens, Starkie, Greenleaf and numerous other
textbooks, and after three years' reading obtained license to practice
law. He was admitted to the Greenville bar in September, 1846. Since
then he has devoted his life to the study and practice of law and to
the study of literature.Charles Eaves, 1884
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He is now a ripe, thorough lawyer,
ranking high in his profession. His knowledge is encyclopedic. As a
pleader he is skillful, accurate, thorough; as a speaker, never
rhetorical, but plain, direct, compact and clear; always fair and
honorable in the conduct of a case, and generally successful. If
eloquence he has, it is the eloquence of conviction and clearness. He
wins his cases by careful preparation, clearness of statement and
fairness of argument. He served Muhlenberg County one year as county
attorney, one year as school commissioner, and one term (1857-59) as
representative in the Legislature.
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In 1865 he removed to Henderson,
Kentucky, and after a residence there of twelve years returned to
Greenville, where he now resides in his quiet, tree-embowered suburban
home. At Henderson he was city attorney for three years. The office was
unsought, and he held it till he resigned it. From having frequently
presided as special judge in the circuit courts he is generally known
as Judge Eaves.
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Not old at sixty; six feet high,
and though not obese, weighing two hundred pounds, healthy and strong,
with a memory like a chronicle, with a love of books unabated, reading
a new law book with as much zest as a novel, drinking in its meaning as
a sponge absorbs water, Judge Eaves is likely to survive the present
century as an active member of his profession, honored and respected by
bench and bar as well as by the people, and after his death his ghost
may possibly be seen by his old associates about the courthouse with a
law book or bundle of papers under his arm.
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In 1852 Charles Eaves married
Martha G. Beach, of Greenville, formerly of Rochester, New York. They
became the parents of five children. Their first two children, Rufus
and Frances, died before reaching maturity. Their sons, Charles and
Ridley, left Muhlenberg in early manhood. Their fifth child, Miriam,
was a beautiful but unfortunate woman, highly accomplished and an
excellent musician. She made Greenville her home during the greater
part of her life. She was murdered in Louisville on November 12, 1892.
This dreadful tragedy and the circumstances leading to it was the great
sorrow of Judge Eaves' life, the shock of which left a deep and lasting
impress on him.
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No citizen was better versed in
local traditions, and no man could tell the stories of bygone days more
interestingly and more accurately, than Judge Eaves. He always showed a
great and sympathetic interest in any legend he might be reciting. He
was a brilliant conversationalist. Few men in telling old traditions,
discussing literature, or explaining law could go so deeply into minute
details and yet hold their listener's uninterrupted attention as he
did. Unfortunately, he wrote nothing on local history and very little
on any other subject. A poem said to have been written by him, and one
of his letters, are quoted elsewhere in this chapter. On his death many
oral traditions lost their last narrator and much of Muhlenberg's
unwritten history faded into the mass of things forgotten.
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Judge Eaves loved Muhlenberg and
everything associated with it. No hills and valleys appealed to him
more, and no county's future seemed to him brighter, than Muhlenberg's.
He often, and in all sincerity, told his friends that his soul could
not pass away peaceably in any other community, and that his bones
would not rest quietly in any other place than in this land where he
had spent a life of so many joys and sorrows. He was past eighty when
the final summons came. He died in Greenville on August 17, 1905, and
was buried by the side of his wife, who had preceded him to the Great
Beyond on January 17, 1902.
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On September 23, 1905, these
resolutions on the death of Judge Eaves were passed by the members of
the local bar and inscribed in the records of the Muhlenberg Circuit
Court:
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Resolved: That in the death of
Judge Eaves we have lost not only the senior of our bar and a revered
and respected friend, but also the last member of a distinguished
number of lawyers who began the practice of law under that system known
as the Common Law Practice, which was in force in Kentucky prior to our
Code Practice.
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Resolved: That we revere his memory
and cherish with grateful recollections many favors bestowed by him, as
well as many pleasant associations with him.
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Judge Eaves was a student all his
life long. A volume could be written relative to his instructive and
entertaining conversations on the books he had read. Judge Jeptha
Crawford Jonson, one of the best-known attorneys in the Green River
country, who moved from McLean County to Greenville in 1892, where he
died April 10, 1912, aged seventy-nine, speaking to me of Judge Eaves,
said: "During the thirty-five years intervening between 1868 and the
date of his death Judge Eaves and I were intimately associated, and I
esteemed him greatly. He was an omnivorous reader and could describe
vividly the characters in any story he had read, discuss in detail any
essay he had perused, and repeat many and long extracts from the
better-known poets. His memory was excellent. His assimilation and
digestion of what he had read was perfect. He was thoroughly familiar
with the Bible and with many of the Greek and Latin authors, with
Shakespeare, Milton, and the Brownings, with Cowper, Scott, Bulwer, and
Dickens; with Irving, Cooper, and Hawthorne, and with a number of the
French authors."
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Shortly after 1866, when General
Buell made Muhlenberg his home, Judge Eaves and the General formed a
friendship that continued until the death of Buell in 1898. Judge Eaves
and his family frequently visited General and Mrs. Buell and their
daughter, Miss Nannie Mason, at Airdrie, for many years. After the
death of the General, Judge Eaves continued his visits to "dear old
Airdrie." During all these years, upon his return home, the Judge
invariably wrote his host a letter of appreciation. All his letters
were destroyed when the Buell residence burned in 1907 except one which
is addressed to Miss Nannie Mason, who after the death of the General
continued to live at Airdrie for a few years. Although the Judge here
expresses himself in the form of a letter, it is a good sample of the
style of conversation into which he often drifted. It is dated
Greenville, June 26, 1902:
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I loved Airdrie from the first of
my knowledge of it as the home of General Buell and his family--admired
it for its beauty--loved it greatly for its dwellers--love it now for
its old associations and its present owner.
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It was and is out of sight of roads
and of people. A place where you may spread yourself--your whole
self--without disturbance; where you escape the dust and smoke and
folk; where you dwell in the presence of the beautiful river, which is
ever on its tranquil pilgrimage, bearing messages from the woods to the
sea; where you know every tree, every plant, every walk, every
footpath, every bird, every note of every bird; where, indeed, the
birds have plenty of hiding-places, and they must need tell of it to
others, until it becomes their summer garden as well as yours. You did
not wait until Sunday to go to church; but every morning in the week
you and the birds had your orisons at four o'clock and your evening
benedictions at sunset. One who has never heard the birds from four
o'clock until six, of a summer morning, as I have done at Airdrie, has
never rightly heard God praised. You had your friends there. Some
shaded you, some fed you; the catbird chatted with you; the hens took
food from your hands; the roses never talked politics, but simply went
on, clothing themselves with more beauty and evolving sweeter fragrance
for your sake. Often you got down to the soul of things; for everything
has a soul. Surely the bees and the butterflies have soul-life--made up
of taste, affection, fancy, will, and hereditary instincts. The
General's horse might have been immortal, without injustice to other
animals. Was there ever a genuine Anglo-Saxon cow there--a great, rich,
red-hided Durham? Such a cow would have become the place, and would
doubtless have had a clean, sweet yard, where the apple trees leaned
across the fence to shade her, and the moon looked in of nights to see
her chew her cud. Such a cow would have spoken to you in modulated
tones and looked at you with affectionBeech Tree
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But the home, the dear old home,
perched on the hillside, overlooking the beautiful river, the house
enriched by its tender and precious associations, is by far the most
interesting inanimate object at Airdrie, if, indeed, it be inanimate.
In this house a truly great man, of noble nature, lived and died; a
beautiful and lovely woman lived and died, and a no less beautiful and
lovely woman lived and loved to live and would again love to live. Of
the walls of this house where these beautiful lives have been lived,
where so many precious experiences have been passed through, might not
one say exactly what Joshu said about the stone that he set up in
Shechem (Joshua xxiv, 27): "They have heard all the words of the Lord
which He spake unto you?" And indeed the parallel goes farther. The
words which your household walls have heard from God, and which they
are still uttering, are the same words which He had spoken in the
presence of the old stone at Shechem, and of which that stone was a
perpetual witness to the people. Think of this house which has become
monumental. Its walls have other and far deeper values than were paid
the architect and the carpenter for designing and building them. These
walls are steeped in truth, and each room speaks it in its own peculiar
voice--the old truth of Covenant between man and God--the necessity and
blessing of obedience. It is not put in the hard old Jewish way as it
speaks to you out of the walls of your Christian home. It is richened
and deepened. But it is the same old truth. The wondrousness of life,
the blessedness of life, and the tie between all life and God, who is
the everlasting and all-creating one; that man's life belongs to God,
and that there is no true life in man except in God.
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In these rooms you faced the awful
mystery of death; you watched that slow, sure, gentle, irresistible
untwisting of the golden cord, and saw mortality fade into immortality
before your very eyes. Can these rooms ever be silent to you again? God
gave you there at once the keenest pain and the sublimest triumph over
pain that the human heart can know. There He taught you at once the
necessity and blessedness of submission.
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It was here that some of your most
precious friendships grew and ripened. It was here I first met you,
your mother and the General, and learned to love you and yours. It was
here you met and loved my wife and my granddaughters, Mabel and Bessie
Reno. It was here in this auditorium of heaven, amid all these sacred
and inspiring associations, that you "heard the voice of the Lord which
He spake unto you," bearing "witness unto you lest you deny Him." He
bore ever "fresh and present witness" of Himself in your heart. Every
morning His voice was new. Every evening His voice pursued you to your
rest. Besides this direct continual presence He filled your world of
association with utterances of Himself. The world will become to you
more and more full of monumental pictures of human nobleness, patience,
self-sacrifice, courage, meekness, so that you shall be more and more
sure that goodness and heroism are possible for man. Not that you are
lacking in any of these, but they will grow and ripen.The H. L.
Kirkpatrick Residence, Greenville
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The transforming power of
association is wonderful. It is the greatest enrichment of the world by
man. Herod builds a temple at Jerusalem. With vast labor he levels the
rough places and hews the great stone blocks into shape. When it is
done, his temple shines like a jewel on its hill. But who cherishes the
memory of its builder? Jesus comes right across the little valley to
the Mount of Olives. He changes nothing outward. He sticks no spade
into its surface. He leaves each bush and olive tree as he finds it.
But there He ofttimes resorts with his disciples. There he lies
prostrate in the struggle of Gethsemane. There at last His feet touch
the earth as He ascends to Heaven, and ever since those days Mount
Olivet burns in the dearest and most sacred memory of man.
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Judge Eaves' life was filled with
profound sorrows that would have crushed a less philosophic nature than
his. Keen and bitter disappointments in his life followed one after
another, leaving him a desolate and lonely man. What these
disappointments were are still fresh in the minds of his surviving
contemporaries and do not come within the scope of this sketch or of
this volume. He met sorrow uncomplainingly and without any appeal for
sympathy. Sympathy was universally felt, but nobody could invade the
sanctity of the burden of grief that the disappointed old man carried
to his grave without murmuring. His nature, which rose above
resentment, and his philosophy, which contemplated with stoical
endurance all the varying fortunes of life, were shown by his voluntary
appeal, in simple and direct words, to a jury about to decide the fate
of the murderer of his daughter. A plea of guilty had been entered. The
deed was without legal extenuation, and without hearing evidence the
court was about to submit the case to the jury. At that moment the
prosecuting attorney asked permission for Judge Eaves to make a
statement. This, although an unusual proceeding, was granted by the
court. Judge Eaves, rising and advancing toward the jury, and speaking
slowly with solemnity and feeling, said:
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"By permission of the court I wish
to state that I am the father of Miriam Wing. I wish also to state that
it will be satisfactory to me if the jury will sentence Bert Wing to
penal servitude for life. I have reasons for this. I, who am
sixty-eight years of age, can not afford to act against any man from
mere resentment. I can not help but feel some pity for a man with whom
drinking was such a disease. Gentlemen, it will suit me, if it will
suit you, to say in your verdict that his punishment shall be
confinement in the penitentiary for life." 3
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After the death of Judge Eaves the
following poem was found among his personal papers. The words were in
his own handwriting and not in quotations. This fact, coupled with the
subject of the poem, makes it appear that he may have been the author.
He was a man of poetic temperament, but no one knows of his having
written or published any other poem. On the other hand, it may be one
of those stray waifs of impressive and solemn inspiration that
sometimes find anonymous publication and which he had found in print
somewhere, adopted in his heart, and copied in his own hand. It so
faithfully portrays the sorrow that fell upon his old age that it would
naturally appeal to him as a full summary of human fate under sorrow.
Nevertheless, many of his friends think that he wrote these lines out
of the fullness of his own heart: God's Plow of Sorrow.
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God's plow of sorrow! Sterile is
The field that is not turned thereby; And but a scanty harvest his Whom
the great Plowman passeth by. God's plow of sorrow! All in vain His
richest seed bestrews the sod; And spent for naught the sun and rain On
glebes that are not plowed of God. He ploweth well, he ploweth deep,
And where he ploweth angels reap.
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God's plow of sorrow! Gentle child,
I do not ask that he may spare Thy tender soul, the undefiled, Nor turn
it with his iron share. Be thine his after-rain of love, And where his
heavy plow hath passed, May mellow furrows bear above A holier harvest
at the last! He ploweth well, he ploweth deep, And where he ploweth
angels reap.
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God's plow of sorrow! Furrowed
brow, I know that God hath passed thy way; And in thy soul his heavy
plow Hath left its token day by day. Yet from the torn and broken soil,
Yea, from thy loss and from thy pain, He hath due recompense of toil,
Be sure he has not plowed in vain. He ploweth well, he ploweth deep,
And where he ploweth angels reap.
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God's plow of sorrow! Do not think,
Oh careless soul, that thou shalt lack. God is afield, he will not
shrink-- God is afield, he turns not back. Deep driven shall the iron
be sent Through all thy fallow fields, until The stubborn elements
relent And 10, the Plowman hath his will! He ploweth well, he ploweth
deep, And where he ploweth angels reap.
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1.
Mr. and Mrs. John S. Eaves were the parents of: (1)
Sanders, who
married Jane Short; (2) William, married Sarah Walker; (3) George W.,
sr., married Mary Peters; (4) John S., jr., married Miss Turbiville,
(5) Charles, married Martha G. Beach; (6) Mrs. Mary (Reverend Isaac)
Malone; (7) Mrs. Caroline (Felix J.) Martin
2. "How sweet that smoke is! And how much we are wasting when we change this old oak back into his elements--smoke and light, heat and ashes. What a magnificent work he was on natural history, requiring hundreds of years for his preparation and completion, written in a language so learned that not the wisest can read him wisely, and enduringly bound in the finest of tree calf! It is a dishonor to speak of him as a work. He was a Doctor of Philosophy! He should have been a college professor! Think how he could have used his own feet for a series of lectures on the laws of equilibrium, capillary attraction, or soils and moisture! Was there ever a head that knew so much as his about the action of light? Did any human being ever more grandly bear the burdens of life or better face the tempests of the world? What did he not know about birds? He had carried them in his arms and nurtured them in his bosom for a thousand years. Even his old coat, with all its rents and patches--what roll of papyrus was ever so crowded with secrets of knowledge? The august antiquarian! The old king! Can you imagine a funeral urn too noble for his ashes? But to what base uses! He will not keep the wind away any longer; we shall change him into a kettle of lye with which to whiten our floors."--From James Lane Allen's "Aftermath."
3. This case was tried in Louisville on February 17, 1893. The jury, after considering the matter an hour and twenty minutes, agreed to a sentence of life imprisonment. The Courier-Journal of the following day, in an account of the trial, reported: "That the verdict of death did not follow Wing's admission of guilt was due to the plea made in his behalf by Judge Eaves. After the jury had rendered its verdict, Judge Eaves said: "Whatever blame attaches to this tempering of justice with mercy, let it fall on me. I am responsible. I had intended to say this to the jury.'"
2. "How sweet that smoke is! And how much we are wasting when we change this old oak back into his elements--smoke and light, heat and ashes. What a magnificent work he was on natural history, requiring hundreds of years for his preparation and completion, written in a language so learned that not the wisest can read him wisely, and enduringly bound in the finest of tree calf! It is a dishonor to speak of him as a work. He was a Doctor of Philosophy! He should have been a college professor! Think how he could have used his own feet for a series of lectures on the laws of equilibrium, capillary attraction, or soils and moisture! Was there ever a head that knew so much as his about the action of light? Did any human being ever more grandly bear the burdens of life or better face the tempests of the world? What did he not know about birds? He had carried them in his arms and nurtured them in his bosom for a thousand years. Even his old coat, with all its rents and patches--what roll of papyrus was ever so crowded with secrets of knowledge? The august antiquarian! The old king! Can you imagine a funeral urn too noble for his ashes? But to what base uses! He will not keep the wind away any longer; we shall change him into a kettle of lye with which to whiten our floors."--From James Lane Allen's "Aftermath."
3. This case was tried in Louisville on February 17, 1893. The jury, after considering the matter an hour and twenty minutes, agreed to a sentence of life imprisonment. The Courier-Journal of the following day, in an account of the trial, reported: "That the verdict of death did not follow Wing's admission of guilt was due to the plea made in his behalf by Judge Eaves. After the jury had rendered its verdict, Judge Eaves said: "Whatever blame attaches to this tempering of justice with mercy, let it fall on me. I am responsible. I had intended to say this to the jury.'"
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