This is my personal family tree and is a work in progress. If you find information that is incorrect, please notify me!!
38. Almina Fish (John , Thomas ) was born 1, 2 on Nov 14 1816 in Lincoln County, Kentucky. She died 3, 4 on Mar 12 1868 in Crab Orchard, Lincoln County, Kentucky. She was buried 5 in John & Mary Hiatt Fish Cemetery, Lincoln County, Kentucky. Almina was married 2 times.
Almina married 1, 2 (1) George W. Miller son of Armstead Miller on Jun 8 1831 in Lincoln County, Kentucky. George died 3 about 1845.
From letter to Frances Carson Hubert dated Sept. 12, 1954 from Mae ?: "Almyra Fish married Geo. Miller. After having six children born to them and he had disapated and run through a large fortune, she left him and went home to her father, lived on his farm until her children were gorown. One son was killed in Rebel Army, her oldest daughter married Addison Merrit of Garrard Co., KY."
SOURCE: Mary Dillon; mary_dillon@sbcglobal.net, She is a descendant of James Shelby & Sarah Roberts Fish.
They had the following children:
128 F i Alvina Miller Alvina married Paul S. Johnson son of Charles Rosevelt Johnson and Ollie Kidwell. 129 M ii Amstead Miller. 130 M iii Walter T. Miller was born 1 in 1837 in Kentucky.
Known as 'Uncle Doc', he was a teetotaler and Bible thumper. He worked for many years as a cook & cowboy on the 101 Ranch and seldom left the ranch. He was an ardent supporter of Carry Nation, the militant reformer and hatchet weilding prohibitionist.
SOURCE: Mary Dillon; mary_dillon@sbcglobal.net, She is a descendant of James Shelby & Sarah Roberts Fish.131 M iv John L. Miller was born 1, 2 on Apr 3 1840 in Kentucky. He died 3, 4 on Apr 13 1864 in Kentucky. He was buried 5 in John & Mary Hiatt Fish Cemetery, Lincoln County, Kentucky. + 132 M v George Washington Miller 133 F vi Mary Miller was born 1 about 1843 in Kentucky. Mary was married 2 times.
Never had any children.Mary married (1) James Fish son of John Fish and Mary Hiatt. James was born 1 about 1824 in Kentucky. He died in Lincoln County, Kentucky. Mary married (2) Addison Merritt in 1857. Addison was born in Garrard County, Kentucky. 134 M vii James F. Miller was born 1, 2 on Feb 21 1844 in Kentucky. He died 3 on Sep 26 1860 in Kentucky. He was buried 4 in John & Mary Hiatt Fish Cemetery, Lincoln County, Kentucky. 135 M viii William Miller was born 1 about 1846 in Kentucky. 136 F ix Bell Miller was born 1 about 1849 in Kentucky.
Almina married 1 (2) Judge John Evans Carson son of Joseph Carson and Mary Evans on Jun 13 1857 in Lincoln County, Kentucky. John was born 2 on Mar 28 1806 in Crab Orchard, Lincoln County, Kentucky. He died 3 on Apr 23 1876 in Crab Orchard, Lincoln County, Kentucky. He was buried 4 in Crab Orchard Cemetery, Crab Orchard, Lincoln County, Kentucky. John was married 2 times. He was counted in a census in 1850 in Kentucky--Rockcastle County--Southern District--#74.
Per 'The Real Wild West' by Michael Wallis: "On April 23, 1875, Molly's revered father, Judge John Evans
Carson, was shot and killed on the church steps in Crab Orchard. In a strange way, he was a belated victim of
the Civil War. A longtime adversary who still quarreled with Judge Carson because of Carson's fervent pro-
Confederate stance apparently ambushed him 'Over war talk," as one witness put it."
Per note from Francis Hubert, "Minnie Carson Bennett and Minnie Hill both told of this account of the death of
Judge John Evans Carson: 'Uncle Judge was killed on the church steps by a man named Smith, over war talk.'
Minnie Bennett was 87 at the time she wrote, and she left Kentucky when she was 12 years old. She said, "I
remember the tape on holes where he was shot." She would have been 8 years old at the time."
From 'The Interior Journal' of Stanford, KY Friday, April 28, 1876: "A BLOODY MURDER - Judge Carson
Assassinated"
"Crab Orchard was the scene, on Sunday last, of a most foul murder. Judge J.E. Carson a useful and
respected citizen of that place, aged 72 years, while on his way to church, was shot and instantly killed, within a
few steps of the church door, by a man named John Q. Smith, also a resident of Crab Orchard. Without any
warning, and from the rear, Smith commenced shooting at Carson, and after firing three shots, any one of
which would have proved fatal, a Mr. Foley caught Smith and endeavored to prevent him shooting again, but
Smith, who is a very strong man, shook him away at the same time threatening to shoot Foley, if he further
interferred. He then fired two more shots, both taking effect in the Judge's body. Smith made no effort to
escape, and when, on being arrested, was asked why he did the shooting, only replied "that someone had to kill
him, and it might have as well been me, as any one else." He is a man about 50 years old, a carpenter by trade,
and is naturally, very reticent, and for this reason, and the fact of the bloody deed, is supposed, by many, to be
crazy. It is said that he has cherished an ill feeling for Judge Carson since January last, when the Judge, in his
capacity as Asscessor of Crab Orchard, applied to him for his list. Some warm words issued between them,
15 and ended by Smith running Carson out of the house with a hatchet. Smith waived an examining trial and as his case is not a bailable one, he will be held in jail here, to be tried for an indictment for murder at the next term of the Circuit Court--provided the friends of Judge Carson do not fear that justice will be thwarted and mete out a
more certain punishment to him. Fearing this, the Jail has been nightly guarded by a number of young men
summoned for the purpose. Such fiendish acts as the one recorded, deserve the quickest and direst
punishment of the law, else no person in the country can feel himself in the least safe. If Smith is insane, he
ought to be ironed and placed in an asylum, if not, then severest penalty of the law can hardly atone for his
dreadful crime."
From 'The Interior Journal' of Stanford, KY Friday, April 28, 1876: "AN EXCITING SCENE"
"On last Wednesday morning, a very exciting scene occurred at the Court House. The man, John Smith,
who killed Judge Carson, was brought out to the Court House to see whether or not the case could be tried at
this term. Four sons of Mr. Carson, John, James, Joe and David, came into the room. The Court on hearing
that they were armed, had the Sheriff to search them, but no pistols were found. Smith was remanded to Jail,
with a guard of six or eight men, and on reaching the Court yard, young Joe Carson, sprang forward with a
drawn Navy Revolver, and, placing it almost against the breast of Smith, attempted to fire, but the pistol
snapped. The other three sons were present with weapons, but by the courage of the guard, they were all four
caught and disarmed, and Smith's life saved, so far. The two young men mostly engaged in the affair, were
taken before the Judge, who, at first, ordered them to give bond in $500 each, to keep the peace, but on
reflection, concluded to take their word of honor to do no further violence to the prisoner, and they were thus
set at liberty. The sympathy of the entire community is with these young men and we heard numbers regret that
young Carson did not succeed in avenging the death of his aged father."
From 'The Interior Journal' of Stanford, KY, October 20, 1876:
"John Smith, charged with murdering Judge Carson, at Crab Orchard was brought up from Louisville last
Wednesday, and his case will, in all probability, be called this morning, and tried during the term. The case
creates much excitement."
From 'The Interior Journal' of Stanford, KY, October 27, 1876: "CIRCUIT COURT - TRIAL OF JOHN SMITH"
"Promptly at nine o'clock, last Saturday morning, the Court called the case of the Commonwealth against
John Smith, charged with the murder of John E. Carson, at Crab Orchard last April. The court room was filled
with people from all parts of the county, who were anxious to hear the trial. It was with great difficulty that a jury
was obtained, as nearly everybody had come to an opinion as to the guilt or innocence of the accused from
reading the papers or from rumors. It took nearly an entire day to get a jury, but finally the following jurymen
were sworn: A.K. Denny, J.M. Elder, Jno. W. Logan, J.B. McKinney, G.N. Bradley, John Jones, A.M. Jones,
John Dinwiddie, Jno. Menifee, George Bright, George Tribble and T.M. White. After they were sworn, the
attorneys for the defense put in the plea of not guilty on account of the insanity of the accused, to which plea of
insanity the attorney for the Commonwealth replied in effect that it was simulated, not a real insanity, and that
the case of the murder was jealousy. In other words, that there was a 'woman at the bottom' of the entire acts
of the defendant Smith. A great many witnesses were examined, especially for the defense, the latter to prove
the monomania of Mr. Smith. The witnesses for the prosecution, in giving their evidence in chief, necessarily
confined themselves to the act and circumstances of the killing, which occurred on a Sunday morning in April
last, in front of the Baptist church door, at Crab Orchard. Judge Carson, the man killed, was shot by Smith with
a revolver, five times, either of which is thought would have produced death. Such was the advanced age (72
years) of the deceased. Divine services were just about to begin. A Mr. Foley was with Mr. Carson, who asked
Smith not to shoot, and held him for a moment, but Smith was bent on killing Judge Carson. After shooting all
the loads out of his revolver, but one, (which failed to fire), Smith walked deliberately across the street where
his carpenter shop was situated, but was halted and arrested and taken to Stanford to jail. There was some
proof that Carson, who was town Assessor of Crab Orchard, went to Smith's shop to get a list of his taxable
property, some months before the killing, and that Smith greatly abused him. There was also some proof that a
certain woman who lived near Crab Orchard, was visited now and then by both Smith and Carson, privately.
Some proof was also given that Smith sometimes drank liquor, but not to excess. His character was proven by
all the witnesses to have been that of a quiet, peaceable, unoffensive man, one who rarely ever said a word to
anyone even on business. That he had a great impediment in his speech, and did not like to talk. At the close of
the statements as to the killing, etc, the Commonwealth rested her case in chief. The defense then introduced
their witnesses to prove the plea of insanity. The sister of Smith, with whom he lived, the niece of Smith and the
brother, swore that Smith acted strangely for several months before the killing. That his health was bad, had but
little appetite, was restless and lost much sleep. That he imagined there were several men after him to kill him.
That there was a combination of men to ruin his character and break him up in business. That on one occasion
he told his sister, a maiden lady of fifty years of age, one night at home, that there were three men around the
house who had come to harm him. Smith would not be satisfied until his sister or some one else, went for the
town marshal and another person, to look for the three men. The marshal and another came, examined the
premises, and told Smith no body was there, and that if he was afraid to stay there, to go and stay all night with
one of them. Smith accepted the invitation, and went and staid all night with a Mr. DeBord. Other witnesses,
among them Col. W.G. Welch, a Mr. Myers and others, testified to acts of monomania, or insanity. The defense
introduced two physicians, who had heard all, or nearly all of the evidence and after defining the various
species of insanity, said that, if the evidence was true, as detailed by the witnesses, then in their opinion as
medical men, the man, John Smith, was of unsound mind. Other witness said that in their opinion, Smith was
insane. The foregoing are the main details of the evidence in the defense. After this, the Commonwealth
introduced rebutting evidence to show that Smith was a sane man. These were not medical men, however, but
were the men who had known Smith for years. Many of them said they believed Smith to be of sound mind,
from conversations they had with him on certain occasions. One other physician testified for the prosecution,
but his evidence differed but little from that of the other two physicians who testified at the instance of the
defense. At the conclusion of the testimony for and against the prisoner, the court gave full instructions to the
jury, and adjourned them at five o'clock Tuesday evening, until after supper. The sheriff kept them together until
half past six, p. m., when they were called together and the argument was opened for the defense by J.W.
Alcorn, Esq., in a forcible speech of about one hour. He was followed by Col. G.W. Dunlap for the prosecution
in a speech of much power. He spoke over an hour and a quarter. After this, the jury were discharged until
Wednesday morning, at 9 o'clock. At that hour, W.O. Hansford addressed the jury for the defense for over an
hour. His speech was a feeling and good one. He was followed by Judge M.C. Saufley for the prosecution in a
somewhat lengthy speech, but it had a seemingly powerful effect upon the jury and the audience. Next and last
came Col. T.P. Hill, for the defense, in one of the finest and ablest efforts he ever made in behalf of a criminal
at our bar. His speech, nearly two hours long, was logical, beautiful, eloquent and convincing. The case was
closed by Commonwealth Atoorney George Denny. Mr. Denny, as a prosecutor, has but few equals in any
district of the State. To say that he did justice to the Commonwealth, would be only a slight compliment. His
effort in the prosecution was bold and telling, and showed him to be capable of attending to the public interest
in the field to which he has been chosen. A number of ladies attended the speaking, and seemed to be much
entertained. The case was given to the jury at 6 o'clock, and they retired and remained in their room for about
two hours, without making a verdict. The Judge then adjourned them for the night, but called them together the
next morning and they remained out until nearly noon. Being wholly unable to agree, they came in and so
announced to the court, and they were therefore discharged. How they stood in the matter, no one yet knows,
as they made a solemn vow among themselves not to let the public know. Smith, of course, was remanded to
jail, where he will remain until the next term of this court in April, and all the long and tedious trial will have to be
gone through with again. Four days and a part of two nights were spent in the investigatin of the Smith case,
which is quite one-third of the entire term."
From 'The Interior Journal' of Stanford, KY April 27, 1877: "CIRCUIT COURT NOTES"
"The greater portion of the time of the Court since our last report has been taken up in the trial of John
Smith, who our readers will remember, shot and killed Judge J.E. Carson, at Crab Orchard on the 23rd day of
April, 1876. This is the second trial of the case, and as it has created great excitement throughout the county, it
was impossible to obtain but four jurors out of the regular panel, to-wit: Thomas Robinson, Liberty Green, Perry
Land and P.L. Simpson, and the Court being satisfied that a full jury could not be obtained in the county,
appointed Mr. T.T. Daviess a special Sheriff to go to Boyle county and summons sixty men. On Friday morning
about forty men, in obedience to his summons appeared in Court, from which the additional following jurors
were obtained: Jeff. Hudson, Wm. Calvert, Peter Bonia, Anthony May, Wm. Dibon, J.N. Prewitt, Samuel
McDowell and Nick McDowell, and the panel having been completed the jury was sworn in. The taking of the
testimony was commenced at noon Friday, and after the examination of some thirty or forty witnesses was
concluded on Tuesday morning, when the charges to the jury having been agreed upon, the argument of the
case was begun. The plea of the defendant was that he was at the time of the killing, and is now, insane. He
was very ably defended, the speeches of some of his counsel being especially comprehensive and eloquent.
Commonwealth Attorney George Denny, Jr., closed the argument on Wednesday about 10 o'clock, with one of
his best and most forcible speeches, and the case was then given to the jury, who, after a short retirement
returned the following verdict: "We, the jury, find the defendant, John Smith, guilty of murder and fix as his
punishment, confinement in the Penitentiary during his natural life." The verdict appears to give almost unusual
satisfaction as it will be easy enough to change Mr. Smith's residence from the Penitentiary to the Asylum if the
officers at the former institution discover the much longed for insanity. Since the first trial of the case in October
last, Smith has been confined for safe keeping in the jail at Louisville, and we are informed by the Clerk of the
Court that his case has already cost the Commonwealth over $2,000. It is to be hoped that it is at last ended."
SOURCE: Mary Dillon; mary_dillon@sbcglobal.net, She is a descendant of James Shelby & Sarah Roberts Fish.
They had the following children:
137 M x Hiatt Fish Carson was born 1, 2 on Feb 23 1860 in Rockcastle County, Kentucky. He died 3, 4 on Jan 23 1861 in Rockcastle County, Kentucky. He was buried 5 in John & Mary Hiatt Fish Cemetery, Lincoln County, Kentucky.
Headstone was not found in 1985.138 M xi David Carson was born 1 about 1862 in Kentucky. He died 2 in Tennessee.
39. Alvina V. Fish (John , Thomas ) was born 1 after 1818 in Lincoln County, Kentucky. She died in Missouri.
Alvina married 1 Francis A. West "Frank" on Jul 12 1848 in Boyle County, Kentucky. Francis died in Missouri.
They had the following children:
41. Alvira E. Fish (John , Thomas ) was born 1 on Jun 22 1828 in Kentucky. She died 2 on Jul 28 1887. She was buried in Buffalo Springs. Alvira was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305.
Alvira married 1 Bowen G. Grover on Dec 21 1844. Bowen was born 2 about 1825 in Lincoln County, Kentucky. He died 3 after 1860. Bowen was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305. Listed as age 38.
They had the following children:
141 M i John F. G. Grover was born 1 on May 22 1846 in Kentucky. He died 2 on Oct 19 1848 in Kentucky. He was buried in John & Mary Hiatt Fish Cemetery, Lincoln County, Kentucky. John was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305. Listed as age 10. 142 M ii Cyrus Grover was born 1 about 1848 in Kentucky. Cyrus was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305. 143 F iii Mary E. Grover was born 1 about 1849 in Kentucky. Mary was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305. 144 F iv Margaret M. Grover was born 1 about 1852 in Kentucky. Margaret was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305. 145 F v Alice Grover was born 1 about 1854 in Kentucky. Alice was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305. 146 M vi Bourne Grover was born 1 about 1856 in Kentucky. Bourne was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305. 147 M vii James L. Grover was born 1 about 1858 in Kentucky. James was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown Townships--#305.
44. Marenda W. Fish (James Shelby , Thomas ) was born 1 on Apr 23 1813 in Lincoln County, Kentucky. She died 2 on Aug 12 1853 in Mt. Vernon, Rockcastle County, Kentucky. The cause of death was Bilious Cholic. She was buried in Elmwood Cemetery, Mt. Vernon, Rockcastle County, Kentucky. Marenda was counted in a census in 1850 in Kentucky--Rockcastle County--Southern District--#74.
Marenda married 1 Judge John Evans Carson son of Joseph Carson and Mary Evans on May 23 1839 in Crab Orchard, Lincoln County, Kentucky. John was born 2 on Mar 28 1806 in Crab Orchard, Lincoln County, Kentucky. He died 3 on Apr 23 1876 in Crab Orchard, Lincoln County, Kentucky. He was buried 4 in Crab Orchard Cemetery, Crab Orchard, Lincoln County, Kentucky. John was married 2 times. He was counted in a census in 1850 in Kentucky--Rockcastle County--Southern District--#74.
Per 'The Real Wild West' by Michael Wallis: "On April 23, 1875, Molly's revered father, Judge John Evans
Carson, was shot and killed on the church steps in Crab Orchard. In a strange way, he was a belated victim of
the Civil War. A longtime adversary who still quarreled with Judge Carson because of Carson's fervent pro-
Confederate stance apparently ambushed him 'Over war talk," as one witness put it."
Per note from Francis Hubert, "Minnie Carson Bennett and Minnie Hill both told of this account of the death of
Judge John Evans Carson: 'Uncle Judge was killed on the church steps by a man named Smith, over war talk.'
Minnie Bennett was 87 at the time she wrote, and she left Kentucky when she was 12 years old. She said, "I
remember the tape on holes where he was shot." She would have been 8 years old at the time."
From 'The Interior Journal' of Stanford, KY Friday, April 28, 1876: "A BLOODY MURDER - Judge Carson
Assassinated"
"Crab Orchard was the scene, on Sunday last, of a most foul murder. Judge J.E. Carson a useful and
respected citizen of that place, aged 72 years, while on his way to church, was shot and instantly killed, within a
few steps of the church door, by a man named John Q. Smith, also a resident of Crab Orchard. Without any
warning, and from the rear, Smith commenced shooting at Carson, and after firing three shots, any one of
which would have proved fatal, a Mr. Foley caught Smith and endeavored to prevent him shooting again, but
Smith, who is a very strong man, shook him away at the same time threatening to shoot Foley, if he further
interferred. He then fired two more shots, both taking effect in the Judge's body. Smith made no effort to
escape, and when, on being arrested, was asked why he did the shooting, only replied "that someone had to kill
him, and it might have as well been me, as any one else." He is a man about 50 years old, a carpenter by trade,
and is naturally, very reticent, and for this reason, and the fact of the bloody deed, is supposed, by many, to be
crazy. It is said that he has cherished an ill feeling for Judge Carson since January last, when the Judge, in his
capacity as Asscessor of Crab Orchard, applied to him for his list. Some warm words issued between them,
15 and ended by Smith running Carson out of the house with a hatchet. Smith waived an examining trial and as his case is not a bailable one, he will be held in jail here, to be tried for an indictment for murder at the next term of the Circuit Court--provided the friends of Judge Carson do not fear that justice will be thwarted and mete out a
more certain punishment to him. Fearing this, the Jail has been nightly guarded by a number of young men
summoned for the purpose. Such fiendish acts as the one recorded, deserve the quickest and direst
punishment of the law, else no person in the country can feel himself in the least safe. If Smith is insane, he
ought to be ironed and placed in an asylum, if not, then severest penalty of the law can hardly atone for his
dreadful crime."
From 'The Interior Journal' of Stanford, KY Friday, April 28, 1876: "AN EXCITING SCENE"
"On last Wednesday morning, a very exciting scene occurred at the Court House. The man, John Smith,
who killed Judge Carson, was brought out to the Court House to see whether or not the case could be tried at
this term. Four sons of Mr. Carson, John, James, Joe and David, came into the room. The Court on hearing
that they were armed, had the Sheriff to search them, but no pistols were found. Smith was remanded to Jail,
with a guard of six or eight men, and on reaching the Court yard, young Joe Carson, sprang forward with a
drawn Navy Revolver, and, placing it almost against the breast of Smith, attempted to fire, but the pistol
snapped. The other three sons were present with weapons, but by the courage of the guard, they were all four
caught and disarmed, and Smith's life saved, so far. The two young men mostly engaged in the affair, were
taken before the Judge, who, at first, ordered them to give bond in $500 each, to keep the peace, but on
reflection, concluded to take their word of honor to do no further violence to the prisoner, and they were thus
set at liberty. The sympathy of the entire community is with these young men and we heard numbers regret that
young Carson did not succeed in avenging the death of his aged father."
From 'The Interior Journal' of Stanford, KY, October 20, 1876:
"John Smith, charged with murdering Judge Carson, at Crab Orchard was brought up from Louisville last
Wednesday, and his case will, in all probability, be called this morning, and tried during the term. The case
creates much excitement."
From 'The Interior Journal' of Stanford, KY, October 27, 1876: "CIRCUIT COURT - TRIAL OF JOHN SMITH"
"Promptly at nine o'clock, last Saturday morning, the Court called the case of the Commonwealth against
John Smith, charged with the murder of John E. Carson, at Crab Orchard last April. The court room was filled
with people from all parts of the county, who were anxious to hear the trial. It was with great difficulty that a jury
was obtained, as nearly everybody had come to an opinion as to the guilt or innocence of the accused from
reading the papers or from rumors. It took nearly an entire day to get a jury, but finally the following jurymen
were sworn: A.K. Denny, J.M. Elder, Jno. W. Logan, J.B. McKinney, G.N. Bradley, John Jones, A.M. Jones,
John Dinwiddie, Jno. Menifee, George Bright, George Tribble and T.M. White. After they were sworn, the
attorneys for the defense put in the plea of not guilty on account of the insanity of the accused, to which plea of
insanity the attorney for the Commonwealth replied in effect that it was simulated, not a real insanity, and that
the case of the murder was jealousy. In other words, that there was a 'woman at the bottom' of the entire acts
of the defendant Smith. A great many witnesses were examined, especially for the defense, the latter to prove
the monomania of Mr. Smith. The witnesses for the prosecution, in giving their evidence in chief, necessarily
confined themselves to the act and circumstances of the killing, which occurred on a Sunday morning in April
last, in front of the Baptist church door, at Crab Orchard. Judge Carson, the man killed, was shot by Smith with
a revolver, five times, either of which is thought would have produced death. Such was the advanced age (72
years) of the deceased. Divine services were just about to begin. A Mr. Foley was with Mr. Carson, who asked
Smith not to shoot, and held him for a moment, but Smith was bent on killing Judge Carson. After shooting all
the loads out of his revolver, but one, (which failed to fire), Smith walked deliberately across the street where
his carpenter shop was situated, but was halted and arrested and taken to Stanford to jail. There was some
proof that Carson, who was town Assessor of Crab Orchard, went to Smith's shop to get a list of his taxable
property, some months before the killing, and that Smith greatly abused him. There was also some proof that a
certain woman who lived near Crab Orchard, was visited now and then by both Smith and Carson, privately.
Some proof was also given that Smith sometimes drank liquor, but not to excess. His character was proven by
all the witnesses to have been that of a quiet, peaceable, unoffensive man, one who rarely ever said a word to
anyone even on business. That he had a great impediment in his speech, and did not like to talk. At the close of
the statements as to the killing, etc, the Commonwealth rested her case in chief. The defense then introduced
their witnesses to prove the plea of insanity. The sister of Smith, with whom he lived, the niece of Smith and the
brother, swore that Smith acted strangely for several months before the killing. That his health was bad, had but
little appetite, was restless and lost much sleep. That he imagined there were several men after him to kill him.
That there was a combination of men to ruin his character and break him up in business. That on one occasion
he told his sister, a maiden lady of fifty years of age, one night at home, that there were three men around the
house who had come to harm him. Smith would not be satisfied until his sister or some one else, went for the
town marshal and another person, to look for the three men. The marshal and another came, examined the
premises, and told Smith no body was there, and that if he was afraid to stay there, to go and stay all night with
one of them. Smith accepted the invitation, and went and staid all night with a Mr. DeBord. Other witnesses,
among them Col. W.G. Welch, a Mr. Myers and others, testified to acts of monomania, or insanity. The defense
introduced two physicians, who had heard all, or nearly all of the evidence and after defining the various
species of insanity, said that, if the evidence was true, as detailed by the witnesses, then in their opinion as
medical men, the man, John Smith, was of unsound mind. Other witness said that in their opinion, Smith was
insane. The foregoing are the main details of the evidence in the defense. After this, the Commonwealth
introduced rebutting evidence to show that Smith was a sane man. These were not medical men, however, but
were the men who had known Smith for years. Many of them said they believed Smith to be of sound mind,
from conversations they had with him on certain occasions. One other physician testified for the prosecution,
but his evidence differed but little from that of the other two physicians who testified at the instance of the
defense. At the conclusion of the testimony for and against the prisoner, the court gave full instructions to the
jury, and adjourned them at five o'clock Tuesday evening, until after supper. The sheriff kept them together until
half past six, p. m., when they were called together and the argument was opened for the defense by J.W.
Alcorn, Esq., in a forcible speech of about one hour. He was followed by Col. G.W. Dunlap for the prosecution
in a speech of much power. He spoke over an hour and a quarter. After this, the jury were discharged until
Wednesday morning, at 9 o'clock. At that hour, W.O. Hansford addressed the jury for the defense for over an
hour. His speech was a feeling and good one. He was followed by Judge M.C. Saufley for the prosecution in a
somewhat lengthy speech, but it had a seemingly powerful effect upon the jury and the audience. Next and last
came Col. T.P. Hill, for the defense, in one of the finest and ablest efforts he ever made in behalf of a criminal
at our bar. His speech, nearly two hours long, was logical, beautiful, eloquent and convincing. The case was
closed by Commonwealth Atoorney George Denny. Mr. Denny, as a prosecutor, has but few equals in any
district of the State. To say that he did justice to the Commonwealth, would be only a slight compliment. His
effort in the prosecution was bold and telling, and showed him to be capable of attending to the public interest
in the field to which he has been chosen. A number of ladies attended the speaking, and seemed to be much
entertained. The case was given to the jury at 6 o'clock, and they retired and remained in their room for about
two hours, without making a verdict. The Judge then adjourned them for the night, but called them together the
next morning and they remained out until nearly noon. Being wholly unable to agree, they came in and so
announced to the court, and they were therefore discharged. How they stood in the matter, no one yet knows,
as they made a solemn vow among themselves not to let the public know. Smith, of course, was remanded to
jail, where he will remain until the next term of this court in April, and all the long and tedious trial will have to be
gone through with again. Four days and a part of two nights were spent in the investigatin of the Smith case,
which is quite one-third of the entire term."
From 'The Interior Journal' of Stanford, KY April 27, 1877: "CIRCUIT COURT NOTES"
"The greater portion of the time of the Court since our last report has been taken up in the trial of John
Smith, who our readers will remember, shot and killed Judge J.E. Carson, at Crab Orchard on the 23rd day of
April, 1876. This is the second trial of the case, and as it has created great excitement throughout the county, it
was impossible to obtain but four jurors out of the regular panel, to-wit: Thomas Robinson, Liberty Green, Perry
Land and P.L. Simpson, and the Court being satisfied that a full jury could not be obtained in the county,
appointed Mr. T.T. Daviess a special Sheriff to go to Boyle county and summons sixty men. On Friday morning
about forty men, in obedience to his summons appeared in Court, from which the additional following jurors
were obtained: Jeff. Hudson, Wm. Calvert, Peter Bonia, Anthony May, Wm. Dibon, J.N. Prewitt, Samuel
McDowell and Nick McDowell, and the panel having been completed the jury was sworn in. The taking of the
testimony was commenced at noon Friday, and after the examination of some thirty or forty witnesses was
concluded on Tuesday morning, when the charges to the jury having been agreed upon, the argument of the
case was begun. The plea of the defendant was that he was at the time of the killing, and is now, insane. He
was very ably defended, the speeches of some of his counsel being especially comprehensive and eloquent.
Commonwealth Attorney George Denny, Jr., closed the argument on Wednesday about 10 o'clock, with one of
his best and most forcible speeches, and the case was then given to the jury, who, after a short retirement
returned the following verdict: "We, the jury, find the defendant, John Smith, guilty of murder and fix as his
punishment, confinement in the Penitentiary during his natural life." The verdict appears to give almost unusual
satisfaction as it will be easy enough to change Mr. Smith's residence from the Penitentiary to the Asylum if the
officers at the former institution discover the much longed for insanity. Since the first trial of the case in October
last, Smith has been confined for safe keeping in the jail at Louisville, and we are informed by the Clerk of the
Court that his case has already cost the Commonwealth over $2,000. It is to be hoped that it is at last ended."
SOURCE: Mary Dillon; mary_dillon@sbcglobal.net, She is a descendant of James Shelby & Sarah Roberts Fish.
They had the following children:
148 M i Thomas Carson died in Tennessee.
Married a lady from Ohio.+ 149 F ii Sarah Elizabeth Carson + 150 M iii James Fish Carson + 151 M iv Joseph Joplin Carson 152 M v John Madison P. Carson was born 1, 2 on Jan 4 1844 in Rockcastle County, Kentucky. He died 3, 4 on Apr 23 1853 in Rockcastle County, Kentucky. He was buried 5 in Elmwood Cemetery, Mt. Vernon, Rockcastle County, Kentucky. John was counted in a census in 1850 in Kentucky--Rockcastle County--Southern District--#74. 153 M vi Zachariah Taylor Carson was born 1 on Feb 23 1847 in Rockcastle County, Kentucky. He died 2 in Louisville, Jefferson County, Kentucky. Zachariah was counted in a census in 1850 in Kentucky--Rockcastle County--Southern District--#74.
Married a lady from Louisville, Jefferson County, Kentucky.Zachariah married S. Eugenia Parker. S. Eugenia Parker was born 1 in Louisville, Jefferson County, Kentucky. + 154 F vii Mary Ann Carson + 155 M viii George William Carson + 156 M ix J. Evin Carson
45. John Madison Fish (James Shelby , Thomas ) was born 1, 2 on Sep 19 1820 in Rockcastle County, Kentucky. He died 3, 4 on Jan 19 1889 in Rockcastle County, Kentucky. He was buried in Hiatt Cemetery, Renfro Valley, Rockcastle County, Kentucky. Burial Note: Have picture of headstone He was counted in a census in 1850 in Kentucky--Rockcastle County--Northern District--#5. He was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#580. He was counted in a census in 1870 in Kentucky--Rockcastle County--District 1--#420. He was counted in a census in 1880 in Kentucky--Rockcastle County--District 94--#157. He was employed as Blacksmith and Farmer.
Hon. John M. Fish, a native of Rockcastle County, Ky., was born September 19, 1820. His father, James Fish, was born in South Carolina in 1790, came to Kentucky with his father when quite young and settled in Madison County, but afterward moved to Rockcastle County, where he followed farming and blacksmithing all his life. His wife was Sarah (Roberts) Fish, and she was the mother of six children, only three of whom are living, viz: Marenda W., John M. and James S. The parents both died in Rockcastle County. John M. Fish was reared on the farm and received his education in the common school. He has always been a prominent man in his native county, and in 1870 was elected county judge of the county, serving one term. In August, 1875, he was elected to the Legislature, representing Rockcastle and Laurel Counties one term. He owns about 600 acres of land in Rockcastle County, and devotes the same to general farming. November 1, 1847, he married Miss Margaret A. Cook, of Rockcastle County, and they have six children, as follows: Sarah E., Mary M., Hiram R., Martha J., John B. and George C.. Politically Mr. Fish is a Democrat. SOURCE: http://www.rootsweb.com/~kygenweb/kybiog/rockcastle/fish.jm.txt
Living with John & Margaret in the 1860 census is a A. F. Ramsey 18 M Teacher KY
John married 1 Margaret A. Cook on Nov 1 1847 in Rockcastle County, Kentucky. Margaret was born 2 on Nov 1 1827 in Rockcastle County, Kentucky. She died 3, 4 on Feb 24 1900 in Rockcastle County, Kentucky. She was buried in Hiatt Cemetery, Renfro Valley, Rockcastle County, Kentucky. Burial Note: Have picture of headstone She was counted in a census in 1850 in Kentucky--Rockcastle County--Northern District--#5. She was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#580. She was counted in a census in 1870 in Kentucky--Rockcastle County--District 1--#420. She was counted in a census in 1880 in Kentucky--Rockcastle County--District 94--#157.
They had the following children:
+ 157 F i Sarah Elizabeth Fish + 158 F ii Mary Mollie Fish + 159 M iii Hiram Robert Fish + 160 F iv Martha J. Fish 161 M v John B. Fish was born 1 about 1858 in Kentucky. He died in Knox County, Kentucky. John was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#580. He was counted in a census in 1870 in Kentucky--Rockcastle County--District 1--#420.
Married a lady from Knox County, Kentucky.
SOURCE: Mary Dillon; mary_dillon@sbcglobal.net, She is a descendant of James Shelby & Sarah Roberts Fish.+ 162 M vi George Cook Fish
46. James Shelby Fish Jr. (James Shelby , Thomas ) was born 1, 2, 3 on Apr 17 1823 in Rockcastle County, Kentucky. He died 4, 5 on Oct 13 1896 in Crab Orchard, Lincoln County, Kentucky. James was counted in a census in 1850 in Kentucky--Rockcastle County--Northern District--#116. Listed as age 25. He was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#703.
James married 1 Martha Elizabeth Humber "Mattie" daughter of Thomas Cole Humber and Caltha Justine Pherigo on Sep 5 1855 in Crab Orchard, Lincoln County, Kentucky. Martha was born 2, 3, 4 on Apr 12 1839 in Crab Orchard, Lincoln County, Kentucky. She died 5, 6 on Oct 27 1925 in Crab Orchard, Lincoln County, Kentucky. Martha was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#703.
They had the following children:
+ 163 F i Lillie Marinda Fish 164 M ii M. E. B. Fish was born 1 about 1858 in Kentucky. M. E. B. Fish was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#703. + 165 F iii Ida Buchanon Fish 166 F iv Ibby J. Fish was born 1 in Jan 1860 in Kentucky. Ibby was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#703. + 167 M v Stark Indus Fish + 168 M vi James Thomas Fish + 169 F vii Sallie Lake Fish + 170 M viii Birney Fish + 171 M ix Ivon Winford Fish 172 F x Anna Mae Fish "Annie" was born 1, 2 on Jun 2 1872. She died 3 on Nov 26 1905 in Las Vegas, New Mexico. She was buried 4 in Richmond Cemetery, Richmond, Madison County, Kentucky.
James and Annie had no children. Tombstone dates 1871 - 1905.
SOURCE: Laura Edmiston Bischoff; Louisville, Kentucky, She is a granddaughter of William & Alice Fish Pettus.Anna married Dr. James M. Black. James was born 1 in 1870. He died 2 in 1906. He was buried 3 in Richmond Cemetery, Richmond, Madison County, Kentucky.
James and Annie had no children. Tombstone dates 1867 - 1906.
SOURCE: Laura Edmiston Bischoff; Louisville, Kentucky, She is a granddaughter of William & Alice Fish Pettus.+ 173 M xi Guy Newmeris Fish + 174 F xii Alice Lafon Fish + 175 F xiii Caltha Justine Fish + 176 F xiv Henrie Alberta Fish
47. Julia Anderson Fish (Jesse , Thomas ).
Julia married John J. Haley Jr. son of John J. Haley and Matilda Langford. John was born on Nov 1 1825 in Rockcastle County, Kentucky. He died on Mar 8 1856.
They had the following children:
+ 177 F i Martha E. Haley + 178 M ii Jesse J. Haley 179 M iii Walker Haley was born on May 18 1853 in Rockcastle County, Kentucky. He died on Jul 6 1853 in Rockcastle County, Kentucky.
51. Albert T. Fish Sr. (Jesse , Thomas ) was born 1, 2 on Nov 28 1824 in Rockcastle County, Kentucky. He died 3 on Jul 7 1913 in Rockcastle County, Kentucky. He was buried in Scaffold Cane Cemetery, Scaffold Cane, Rockcastle County, Kentucky. Albert was counted in a census in 1850 in Kentucky--Rockcastle County--Northern District--#195. He was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#547. He was counted in a census in 1870 in Kentucky--Rockcastle County--District 1--#347. Burial Note: Have picture of headstone He was married 2 times. He was counted in a census in 1900 in Kentucky--Rockcastle County--District 65--#181.
Albert married (1) Samantha Haley daughter of John J. Haley and Matilda Langford on Mar 26 1846. Samantha was born 1 on Nov 20 1829 in Rockcastle County, Kentucky. She died 2 on Nov 15 1887 in Kentucky. She was buried in Scaffold Cane Cemetery, Scaffold Cane, Rockcastle County, Kentucky. Burial Note: Have picture of headstone She was counted in a census in 1850 in Kentucky--Rockcastle County--Northern District--#195. She was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#547. She was counted in a census in 1870 in Kentucky--Rockcastle County--District 1--#347.
They had the following children:
+ 180 F i Julia Ann Fish + 181 M ii John Egbert Fish + 182 F iii Matilda Evaline Fish + 183 M iv William Henry Fish + 184 F v Eliza A. Fish + 185 M vi Albert T. Fish Jr. + 186 M vii Jesse Fish 187 M viii Lycurgus Fish was born on Feb 6 1867 in Kentucky. He died on Aug 17 1950. Lycurgus was counted in a census in 1870 in Kentucky--Rockcastle County--District 1--#347.
SOURCE: Mary Dillon; mary_dillon@sbcglobal.net, She is a descendant of James Shelby & Sarah Roberts Fish.Lycurgus married Myrtle Flowers in Jun 1892. 188 F ix Samantha Ann Fish was born 1 on Feb 12 1868. She died 2 on Mar 18 1870. She was buried in Scaffold Cane Cemetery, Scaffold Cane, Rockcastle County, Kentucky. Burial Note: Have picture of headstone 189 F x Minnie Fish was born 1 on Nov 16 1869 in Kentucky. She died 2 on Feb 27 1886. She was buried in Scaffold Cane Cemetery, Scaffold Cane, Rockcastle County, Kentucky. Minnie was counted in a census in 1870 in Kentucky--Rockcastle County--District 1--#347. Burial Note: Have picture of headstone
SOURCE: Mary Dillon; mary_dillon@sbcglobal.net, She is a descendant of James Shelby & Sarah Roberts Fish.+ 190 F xi Mary Myrtle Fish
Albert married (2) Volicie Menifee on Jun 18 1890. Volicie was born in Apr 1867 in Kentucky. Volicie was counted in a census in 1900 in Kentucky--Rockcastle County--District 65--#181.
They had the following children:
52. Egbert T. Fish (Jesse , Thomas ) was born 1, 2 on Jan 12 1827 in Kentucky. He died 3, 4 on Sep 18 1872. He was buried in Elmwood Cemetery, Mt. Vernon, Rockcastle County, Kentucky. Egbert was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#927. Living in the household of William Brooks. He was employed as Circuit Court Clerk. Burial Note: Have picture of headstone
Egbert married 1 Ann E. Wallace on Jan 30 1861 in Rockcastle County, Kentucky. Ann was born 2, 3 on Nov 22 1842. She died 4, 5 on Jul 10 1924. She was buried in Elmwood Cemetery, Mt. Vernon, Rockcastle County, Kentucky. Burial Note: Have picture of headstone
They had the following children:
+ 192 F i Alza F. Fish 193 F ii Louisa Evaline Fish was born 1, 2 on Aug 14 1864. She died 3, 4 on Oct 10 1870 in Mt. Vernon, Rockcastle County, Kentucky. She was buried in Elmwood Cemetery, Mt. Vernon, Rockcastle County, Kentucky. Burial Note: Have picture of headstone
Died as a child.194 M iii Andrew J. Fish was born 1, 2 on Jan 8 1867. He died 3, 4, 5 on Jan 21 1935 in Rockcastle County, Kentucky. He was buried in Elmwood Cemetery, Mt. Vernon, Rockcastle County, Kentucky. Burial Note: Have picture of headstone Death Record: 6 Volume 006 Certificate 02696 age 68 195 F iv Ann E. Fish was born 1, 2 on Jun 28 1869. She died 3, 4 on Sep 10 1870 in Mt. Vernon, Rockcastle County, Kentucky. She was buried in Elmwood Cemetery, Mt. Vernon, Rockcastle County, Kentucky. Burial Note: Have picture of headstone
Died as an infant.196 M v Egbert T. Fish Jr. was born 1 on Sep 16 1871. He died 2, 3 on Dec 10 1903. He was buried in Elmwood Cemetery, Mt. Vernon, Rockcastle County, Kentucky. Burial Note: Have picture of headstone
53. William Craig Fish (Jesse , Thomas ) was born 1 about 1831 in Kentucky. William was counted in a census in 1850 in Kentucky--Rockcastle County--Northern District--#155. He was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#545. He was counted in a census in 1870 in Kentucky--Rockcastle County--District 3--#22.
Living with William & Martha in the 1860 census is a P. Casteel 20 M KY
Living with William & Martha in the 1870 census is a Scott Fish 25 M B works on farm KY
William married 1 Martha Ann Todd on Aug 30 1855 in Rockcastle County, Kentucky. Martha was born 2 about 1839 in Scaffold Cane, Rockcastle County, Kentucky. Martha was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#545. She was counted in a census in 1870 in Kentucky--Rockcastle County--District 3--#22. Listed as age 29.
They had the following children:
+ 197 F i Ida Fish 198 F ii July A. Fish was born 1 in No date on headstone. She died 2 in No date on headstone. She was buried 3 in Scaffold Cane Cemetery, Scaffold Cane, Rockcastle County, Kentucky. Burial Note: Have picture of headstone
Died as a small child. Dates unreadable on headstone. Possible twin to John H.199 M iii Egbert T. Fish was born 1 about 1857 in Kentucky. Egbert was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#545. He was counted in a census in 1870 in Kentucky--Rockcastle County--District 3--#22. Egbert married Pattie Galloway. 200 M iv John H. Fish was born 1, 2 on Jul 9 1859. He died 3 in No date on headstone. He was buried 4 in Scaffold Cane Cemetery, Scaffold Cane, Rockcastle County, Kentucky. Burial Note: Have picture of headstone He was counted in a census in 1860 in Kentucky--Rockcastle County--Unknown District--#545.
Died as a small child. Death date unreadable on headstone. Possible twin to July A.+ 201 F v Mary E. Fish 202 M vi Luther Fish was born 1 about 1864 in Kentucky. Luther was counted in a census in 1870 in Kentucky--Rockcastle County--District 3--#22. + 203 M vii William Seymore Fish + 204 M viii Dr. Carlos A. Fish + 205 F ix Fannie Fish 206 M x Waller Fish was born 1, 2 on Jan 27 1880. He died 3, 4 on Jan 3 1882. He was buried in Scaffold Cane Cemetery, Scaffold Cane, Rockcastle County, Kentucky. Burial Note: Have picture of headstone
Died at the age of 15.
54. James Henry Fish (Jesse , Thomas ) was born 1 on Jul 5 1833 in Kentucky. He was buried 2 in Crab Orchard Cemetery, Crab Orchard, Lincoln County, Kentucky. James was counted in a census in 1850 in Kentucky--Rockcastle County--Northern District--#155.
James married Rebecca Alice Humber daughter of Thomas Cole Humber and Caltha Justine Pherigo.
SOURCE: Mary Dillon; mary_dillon@sbcglobal.net, She is a descendant of James Shelby & Sarah Roberts Fish.
James and Rebecca had the following children:
207 M i Herbert H. Fish Herbert married Susan Burrer. 208 M ii Thomas G. Fish was born 1 on Oct 12 1873 in Crab Orchard, Lincoln County, Kentucky. He died 2 on Sep 25 1874 in Crab Orchard, Lincoln County, Kentucky. He was buried 3 in Crab Orchard Cemetery, Crab Orchard, Lincoln County, Kentucky.
Died at age 1.
Jennifer Kidwell Fish