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 Tiie Court of Appeals of Kentucky. into the hands of the Indians. Many of them were tomahawked or shot down in savage butchery. Others, including the young Lieutenant Underwood who had been severely wounded, were first stripped of their outer clothing, then hemmed up in an old fort surrounded by Indians who now and then shot some poor unfortunate who hap pened to attract attention, and finally they were forced to " run the gauntlet " between the river and a line of Indians 150 yards long who amused themselves by throwing war clubs and tomahawks at them, and occasionally varying the exercises by shots from rifles. After a miraculous escape from these perils, the survivors were con fined in a fort. In giving an account of his experiences many years after, Judge Under wood said that he heard the angry discus sions among the captors as to a general massacre, but this was averted by the timely arrival of the famous chieftain Tecumseh, who is said by another witness to have enforced his orders by threatening to tomahawk any one who disobeyed him. So much for the service that Joseph R. Underwood in his youth rendered his country. His gallant conduct and heroic sufferings in behalf of the great Northwestem Territory form but a small part of what the sons of Kentucky have clone and endured for their neighbors in the North. Is it not worth while to recall these facts of history in these later days? When at last he was released by his cap tors, young Underwood made his way back to Kentucky. He was soon licensed to practice law. After enjoying various politi cal honors, he was on December 23, 1828, appointed Judge of the Court of Appeals at the same time with George Robertson. In 1835 he resigned the office and there after served eight years in the lower House of Congress. He was also United States Senator for the full term of six years. He repeatedly served his state in the Legisla ture.

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After his retirement from public life in 1863, he took up again the practice of law at his home in Bowling Green, Kentucky, where he died, August 23, 1875, at the age of eighty-five years. His judicial record has already been re ferred to in the sketch of his colleague, George Robertson. The Court of Appeals has never been stronger or its reputation higher than in the days when Joseph R. Underwood adorned its bench. SAMUEL S. NICHOLAS.

The subject of this sketch was born in Lexington, Ky., in 1796. He was the son of Col. George Nicholas, one of the most distinguished Kentuckians of his day. On his father's side he was descended from the best Virginia stock—his grandfather having been prominent in colonial affairs and his father a Revolutionary soldier, a lawyer of ability and a member of the Convention that ratified the Federal Constitution of 1787. On his mother's side he had two uncles, Samuel Smith and Robert Smith, both dis tinguished citizens of Maryland. The former was for twenty-five years a Repre sentative or a Senator in Congress from his state. The latter was Secretary of the Navy under Jefferson and Secretary of State under Madison. His father having died when he was only two years of age, young Nicholas was sent as a boy to his uncle in Baltimore for whom he had been named. While under the care of his uncle, he was sent on several voyages to different parts of the globe. When he reached man's estate, he returned to Ken tucky and took up the study of law under George M. Bibb, after which he removed to Louisville and entered upon the practice. On December 23, 1831 he was, appointed Judge of the Court of Appeals. He served in the court less than three years and re signed about the same time with his asso ciate, Judge Underwood. His successor was Judge Thomas A. Marshall.