The life of John Worth KernBowers, Claude G. (Claude Gernade)
History
The life of John Worth Kern
Bowers, Claude G. (Claude Gernade)
Kern, John Worth, 1849-1917; Politicians -- United States -- Biography
During the Kokomo days when he was prominent as a criminal lawyer he was
at different times pitted against many of the giants of the bar. To
attempt an enumeration of even the more prominent cases would be
irksome. Strangely enough some of his greatest speeches in criminal
cases were for the prosecution. He was of such a kindly disposition, so
easily touched by suffering, and his sympathies were so readily reached
that among the leading criminal lawyers of those days he seemed the
least adapted to the role of prosecutor, and yet he probably figured
more frequently as prosecutor than any of the others. The older people
of Tipton county still remember his powerful argument and remarkably
forceful peroration in closing for the prosecution in the murder case of
State vs. Doles in Tipton in 1882. But a more interesting case is that
of State vs. Hawkins, in which he appeared as special prosecutor at
Kokomo in what was probably his last great criminal case in his native
county, in 1885. Young Hawkins had been attentive to a young woman who
had been taken out for a drive into the country by one of his friends
and insulted. On returning to town the girl hastened to Hawkins with the
story and without more ado he armed himself and went in search of the
friend. After a few words Hawkins drew his gun and shot his victim down
in cold blood. The family of Hawkins, realizing the seriousness of the
situation, employed Cooper & Harness and O’Brien & Shirley, leading
local lawyers, and instructed them to engage some famous criminal lawyer
from Chicago or Indianapolis. Because Senator Voorhees had been
remarkably successful in murder cases involving wrongs to women, he was
engaged as the leading lawyer for the defense. Such vigorous steps to
free the murderer of his son led the father of the victim, who had
befriended Kern in his younger days, to engage him as special
prosecutor. The case attracted state-wide attention. There were
circumstances in the case differentiating it so radically from the
cases of Mary Harris and Johnson that Voorhees was considerably
embarrassed, but the matchless forensic orator exerted himself to the
utmost. The closing arguments of Voorhees and Kern were made the same
day, the older man speaking in the afternoon with his customary
eloquence to a court room packed to suffocation, with great crowds
packed tightly in the corridors outside and down the stairway. Kern
closed at night in the presence of an equally great crowd. Never,
perhaps, did he speak with greater power or eloquence. In the early part
of his argument he turned his batteries of ridicule upon Voorhees in an
effort to overcome the prestige of his name. So keen was this ridicule
that Voorhees, hardened though he was by the blows of innumerable
forensic battles, and until then, a warm friend of the younger man,
squirmed uncomfortably in his seat, and turning to one of his
co-counsel, asked, “Is he trying to insult me in this community?”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account