Francis Irvin, who was raised in the Adams Fork settlement, had become involved In a lawsuit with an old gentleman named William Maxwell in which Irvin’s character and purse were involved. Maxwell gave a deposition and, after he had testified, mounted his horse to go home. That was the last seen of Maxwell alive. At a late hour in the evening his riderless horse reached the farm and whinnied for his master. The animal was found by a member of the family who at once saw that the empty saddle was covered with blood, indicating that the rider had been seriously hurt or killed.
Several days were spent in hunting the body, in which hunt Irvin joined. Being suspected of the crime he was constantly watched. It was afterwards observed that he always proposed searching in different localities from that in which the body was eventually found. It had been thrown into a slight pool or basin worn by the water of a small branch where it poured over the roots that partially obstructed the channel. It was there found covered with loose stones, logs, dirt, and leaves. A heavy fall of rain had washed away all the lighter covering, and after the high water subsided, the body was left exposed to sight.
Cowardly sneaks, although the most disposed, should never commit crime. Had Irvin been a man of iron nerve and will and boldly protested his innocence, he could never have been lawfully convicted, but his craven heart gave evidence as soon as the body was discovered. He trembled and turned pale, and although his confession might have been made under sufficient threats and persuasions to have excluded it as evidence on the trial, yet he gave facts which fastened the guilt on him, such as telling where he had hidden Maxwell’s hat and shoes and where they could find another bullet hole in the body, one which, up to then, had not been noticed.
Irvin was arrested and committed to the old log jail in Hartford. The old house was so weak that it had to be guarded at a great expense until he was removed to the Hardinsburg jail for safe-keeping.
His case lingered in court for nearly two years and at one time resulted in a hung jury. A final trial was had and the jury brought in a verdict of murder.
Joseph Allen, of Hardinsburg, had been a practitioner at the Hartford bar from perhaps the first circuit court held in the county. He was Irvin’s lawyer, and was able, untiring, and devoted to his client. Great reliance was placed on the selection of juries in desperate cases. Next to the hardened villain who feared punishment himself, the mild, tender-hearted man who abhorred a murder and shrank from taking life, even by due process of law, was sought as a juryman. The panel was at last completed save one, and the defendant still had one or more peremptory challenges in reserve. Timothy Condit was called. There perhaps never lived a purer Christian or more tender-hearted man. He seldom listened to a tale of suffering or misery without tears.
Mr. Allen viewed him sternly and critically and took him without challenge, and during the trial and in his argument always aimed to excite the old man’s sympathy. This he no doubt succeeded in doing for tears were seen coursing down his cheeks during the trial, also when a verdict of guilt was announced. The able counsel for the defendant looked surprised, but no doubt still clung to the hope that Timothy Condit would “give down,” so he called for a poll of the jury.
This was done by each juryman being called by name and asked whether he agreed to the verdict. Condit’s name was the last on the list. When his name was called, Mr. Allen assumed a grave and solemn tone of voice, and, pausing on each word, said: “Mister Condit, do you agree to that verdict?” — with an emphasis on “you,” “agree,” and “verdict.”
During all this time the courthouse was thronged with spectators. The interest felt seemed painfully intense. Every eye was turned on the meek, simple-hearted old man. Every ear was strained to hear his words. The good old man raised his eyes to heaven; tears trickled down his cheeks. His words were feeble, yet thrilling. Slowly he said: “In the name of the Lord, I do.” A murmur of applause burst from the crowd. This was followed by a titter of laughter at an ill-natured remark by Allen about the old man and his Lord. Allen then threw down his papers and books and left the courthouse.
Judge Alney McLean, whose heart was always overflowing with human kindness, could not pass sentence with anything like due composure. He solemnly set the day of execution — May 13, 1826 — but when he spoke the words “that you be hanged by the neck until you are dead, dead, dead!” — his voice became husky and almost inaudible as he wiped tears from his eyes.*
A hanging had never before occurred in Ohio County. Men, women, and children of every age and condition came not only from this county but also from Daviess, Breckinridge, Grayson, Butler, and Muhlenberg. Taverns, private houses in town, and even homes for miles in the country were crowded with visitors. Even the courthouse was filled over night with campers. The whole of the four acres of the public square was then unoccupied, except as a common, and was almost as green as a meadow, but the morning after the hanging it resembled a battlefield.
The erection of a gallows in the center of the town was unusual, but the reason was this: Shortly after the sentence was passed, remonstrances came in from every neighborhood to the sheriff, John Rogers, against erecting a gallows on the road they traveled to town. No man would give leave for its erection on his property. The sheriff did not wish to incur the ill will of the whole community, so, upon the advice of the county attorney, he built the scaffold in Washington Street, a short distance below the crossing of Market Street.
The night previous to the execution the poor wife of the condemned man brought him a new suit of snow white home-made linen and a very large twist of home-grown tobacco.
Dressed in his suit of white, with his big twist of tobacco protruding largely from his pantaloon pocket, he was driven to the gallows in a one-horse cart by the sheriff. He seemed determined to take the tobacco with him to another world, for, just before the rope was adjusted around his neck, he pulled out his twist, took an enormous chew, and then put the twist back in his pocket and buttoned the flap over it, apparently with anxious care.
Irvin’s conduct upon the scaffold seemed to excite only pity and contempt. He showed nothing but a weak, cowardly fear of death — no courage, no stoicism to excite admiration, certainly nothing to stimulate the most depraved spectator to emulate his example. Whilst the sheriff was adjusting the cap over his face and the rope around his neck, he clung to him like a drowning man, and the sheriff had to pull from him. The cart moved suddenly away. A few convulsive struggles, a quiver of muscles, and the melon-stealing, orchard-robbing boy who had culminated into a vile murderer in middle age was no more.
* In a subsequent article Mr. Taylor makes a correction to the effect that upon further reflection he found “the scene with Timothy Condit and Joseph Allen” took place at the first trial of Irvin and not the last. He attended all the trials and admits that “after a lapse of these many years these trials became blended together in the writer’s memory.” Judge John B. Wilson, in a memorandum (1926) citing Order Book No. 7, pages 10 and 44, says that the last trial ended on Tuesday, April 4, 1826, and that the jury consisted of: George Oldham, Job Malin, Joseph D. McFarland, Ezekiel Kennedy, Cornelius Roach, Joseph Paxton, Stephen Rowan, Churchill Jones, Michael Myers, Nicholas Taylor, Allan May, and Ansel Watson, foreman.
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