But besides the legal character and intent of the [95] day, which was thus its first and dominant feature, divers things drew the folk together. Even the justice himself may have had quite other than magisterial reasons for coming to town; certainly the people had. They must interchange opinions about local and national politics, observe the workings of their own laws, pay and contract debts, acquire and transfer property, discuss all questions relative to the welfare of the community—holding, in fact, a county court day much like one in Virginia in the middle of the seventeenth century.
III
But after business was over, time hung idly on their hands; and being vigorous men, hardened by work in forest and field, trained in foot and limb to fleetness and endurance, and fired with admiration of physical prowess, like riotous school-boys out on a half-holiday, they fell to playing. All through the first quarter of the century, and for a longer time, county court day in Kentucky was, at least in many parts of the State, the occasion for holding athletic games. The men, young or in the sinewy manhood of more than middle age, assembled once a month at the county-seats to witness and take part in the feats of muscle and courage. They wrestled, threw [96] the sledge, heaved the bar, divided and played at fives, had foot-races for themselves, and quarter-races for their horses. By-and-by, as these contests became a more prominent feature of the day, they would pit against each other the champions of different neighborhoods. It would become widely known beforehand that next county court day "the bully" in one end of the county would whip "the bully" in the other end; so when court day came, and the justices came, and the bullies came, what was the county to do but come also? The crowd repaired to the common, a ring was formed, the little men on the outside who couldn't see, Zaccheus-like, took to the convenient trees, and there was to be seen a fair and square set-to, in which the fist was the battering-ram and the biceps a catapult. What better, more time-honored, proof could those backwoods Kentuckians have furnished of the humors in their English blood and of their English pugnacity? But, after all, this was only play, and play never is perfectly satisfying to a man who would rather fight; so from playing they fell to harder work, and throughout this period county court day was the monthly Monday on which the Kentuckian regularly did his fighting. He availed himself liberally of election day, it is true, and of regimental muster in the spring and battalion muster in the fall—great gala occasions; but county court day was by all odds the preferred and highly prized season. It [97] [98] [99] was periodical, and could be relied upon, being written in the law, noted in the almanac, and registered in the heavens.
COURT-HOUSE SQUARE, LEXINGTON, KENTUCKY
A capital day, a most admirable and serene day for fighting. Fights grew like a fresh-water polype—by being broken in two: each part produced a progeny. So conventional did the recreation become that difficulties occurring out in the country between times regularly had their settlements postponed until the belligerents could convene with the justices. The men met and fought openly in the streets, the friends of each standing by to see fair play and whet their appetites.
Thus the justices sat quietly on the bench inside, and the people fought quietly in the streets outside, and the day of the month set apart for the conservation of the peace became the approved day for individual war. There is no evidence to be had that either the justices or the constables ever interfered.
These pugilistic encounters had a certain law of beauty: they were affairs of equal combat and of courage. The fight over, animosity was gone, the feud ended. The men must shake hands, go and drink together, become friends. We are touching here upon a grave and curious fact of local history. The fighting habit must be judged by a wholly unique standard. It was the direct outcome of racial traits powerfully developed by social conditions. [100]
IV
Another noticeable recreation of the day was the drinking. Indeed the two pleasures went marvellously well together. The drinking led up to the fighting, and the fighting led up to the drinking; and this amiable co-operation might be prolonged at will. The merchants kept barrels of whiskey in their cellars for their customers. Bottles of it sat openly on the counter, half-way between the pocket of the buyer and the shelf of merchandise. There were no saloons separate from the taverns. At these whiskey was sold and drunk without screens or scruples. It was not usually bought by the drink, but by the tickler. The tickler was a bottle of narrow shape, holding a half-pint—just enough to tickle. On a county court day wellnigh a whole town would be tickled. In some parts of the State tables were placed out on the sidewalks, and around these the men sat drinking mint-juleps and playing draw poker and "old sledge."