The only way to be assured of a good title was to make a careful abstract, following that up by an actual survey and obtaining from any person in possession a written declaration that their possession and claim was not adverse to the title and claim of your vendor.
The public records were imperfectly kept and indexed; which made Cornwall's work for the company a series of petty and tiresome annoyances.
Two weeks after his arrival the Harlan Circuit Court convened. He was immediately put into harness and called upon to assist in the trial of several important ejectment suits.
The first week of the term was taken up with criminal business. There were three murder cases, two of which were tried. The other cases were petty in nature, the defendants being charged with carrying concealed weapons, shooting on the highway and boot-legging.
During the second week he assisted in the trial of two ejectment cases, one of which was lost. The third and most important case was set for the fourteenth day of the term. It involved five hundred acres of coal land worth more than twenty-five thousand dollars; and though Judge Finch, local counsel for the company assured him it would go over, he had the company's witnesses on hand and carried to the court house the file, which included the title papers and an abstract; but he had never examined them.
When the case was called the other side announced ready and they, not being able to show cause for a continuance, were forced into trial.
While the jury was being empaneled Judge Finch leaned over and whispered:—"Go ahead and help select the jury, the panel looks pretty good. I have to leave." He picked up his hat and hastened from the court room, giving Cornwall no time to object. In about twenty minutes the jury was selected; Cornwall being assisted by one of the company's witnesses.
Then the court called upon him to state his case to the jury.
"Judge I know nothing of the case, Judge Finch was here a few minutes ago and was to try it."
"The case must go on; do the best you can. The court will take a recess of fifteen minutes to give counsel an opportunity to examine the papers and familiarize himself with the case. Mr. Sheriff, call Judge Finch."