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Judge Heustis Barnett Abernethy

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Judge Heustis Barnett Abernethy

Birth
Yellow Bluff, Wilcox County, Alabama, USA
Death
15 Feb 1944 (aged 71)
Burial
Birmingham, Jefferson County, Alabama, USA Add to Map
Plot
block 17
Memorial ID
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Heustis Barnett Abernethy was educated in the public schools of Birmingham from which high school he was graduated in 1886; attended college at Auburn for two terms, 18871888, and then took a year’s course at Howard college, Birmingham; ran a truck farm near Birmingham for two years; studied law in the office of William J. Cahalan and R. L. Thornton, attorneys-at-law, in Birmingham; was admitted to practice in 1894, and continued in this profession until 1900; then elected justice of the peace, which office he held until 1903 or 1904; was elected judge of the inferior court of Birmingham and held that office until 1908, when he was elected as one of the judges of the Birmingham Court of Common Pleas; in 1516, was appointed one of the judges of the Municipal Court of Birmingham, which office he filled until 1919, when the legislature created the Jefferson County Court of Misdemeanors, and he was appointed judge of this court.

He was a Democrat and was twice elected chairman of the City Democratic Executive Committee, of which body he was a member for a period of fourteen years, being partly responsible for the change from the aldermanic to a commission form of government in Birmingham. Judge Abernethy was instrumental in having embodied in the last constitution of Alabama a provision wherein the legislature could provide for the abolishment of justices of the peace in all cities over 1,500 inhabitants and provided for the establishment of inferior courts in lieu of justices of the peace, thereby abolishing the old fee system of paying for their services. The first of these courts in Alabama was established in 1903 in Birmingham, and the bill creating this court was drawn by Mr. Abernethy.

He attempted to cure those addicted to the use of narcotics by sentencing them to work on the county farm, for from six to twelve months, contending that absolute isolation from their former companions and habits, pure air, sunshine, and moderate physical exercise will and has cured many victims of the drug habit.

He was a student of the negro character, and in the trial of criminal cases looks more to the equity involved than to the technical side of the question at issue. Besides his connection with the Democratic party, he was a Knight Templar, Shriner, Odd Fellow, a member of the Birmingham Civic Association, of the Sons of Confederate Veterans, and of the Methodist Episcopal church, South.

Judge Abernethy married: September 20, 1912, at Birmingham to Ninette E. Wood, daughter of Hernando De Soto Wood and Corinne Pierce (Girard) Wood of Huntsville, the former who was city auditor of Birmingham for a number of years prior to his death and was a descendant of Samuel Wood of Mecklenburg, the latter who was a descendant of the Girards who were followers of Napoleon, and upon their exile, came to America, and on her mother’s side she is a descendant of Simon Chaudron, who five generations removed, wrote many French books and later was mentioned as one of the substantial citizens and one of the founders of Demopolis.

SOURCES
History of Alabama and dictionary of Alabama biography, Volume 3 By Thomas McAdory Owen, Marie Bankhead Owen

This biography is included in the Book Biographies of Notable and Not-so-Notable Alabama Pioneers Vol. III
Heustis Barnett Abernethy was educated in the public schools of Birmingham from which high school he was graduated in 1886; attended college at Auburn for two terms, 18871888, and then took a year’s course at Howard college, Birmingham; ran a truck farm near Birmingham for two years; studied law in the office of William J. Cahalan and R. L. Thornton, attorneys-at-law, in Birmingham; was admitted to practice in 1894, and continued in this profession until 1900; then elected justice of the peace, which office he held until 1903 or 1904; was elected judge of the inferior court of Birmingham and held that office until 1908, when he was elected as one of the judges of the Birmingham Court of Common Pleas; in 1516, was appointed one of the judges of the Municipal Court of Birmingham, which office he filled until 1919, when the legislature created the Jefferson County Court of Misdemeanors, and he was appointed judge of this court.

He was a Democrat and was twice elected chairman of the City Democratic Executive Committee, of which body he was a member for a period of fourteen years, being partly responsible for the change from the aldermanic to a commission form of government in Birmingham. Judge Abernethy was instrumental in having embodied in the last constitution of Alabama a provision wherein the legislature could provide for the abolishment of justices of the peace in all cities over 1,500 inhabitants and provided for the establishment of inferior courts in lieu of justices of the peace, thereby abolishing the old fee system of paying for their services. The first of these courts in Alabama was established in 1903 in Birmingham, and the bill creating this court was drawn by Mr. Abernethy.

He attempted to cure those addicted to the use of narcotics by sentencing them to work on the county farm, for from six to twelve months, contending that absolute isolation from their former companions and habits, pure air, sunshine, and moderate physical exercise will and has cured many victims of the drug habit.

He was a student of the negro character, and in the trial of criminal cases looks more to the equity involved than to the technical side of the question at issue. Besides his connection with the Democratic party, he was a Knight Templar, Shriner, Odd Fellow, a member of the Birmingham Civic Association, of the Sons of Confederate Veterans, and of the Methodist Episcopal church, South.

Judge Abernethy married: September 20, 1912, at Birmingham to Ninette E. Wood, daughter of Hernando De Soto Wood and Corinne Pierce (Girard) Wood of Huntsville, the former who was city auditor of Birmingham for a number of years prior to his death and was a descendant of Samuel Wood of Mecklenburg, the latter who was a descendant of the Girards who were followers of Napoleon, and upon their exile, came to America, and on her mother’s side she is a descendant of Simon Chaudron, who five generations removed, wrote many French books and later was mentioned as one of the substantial citizens and one of the founders of Demopolis.

SOURCES
History of Alabama and dictionary of Alabama biography, Volume 3 By Thomas McAdory Owen, Marie Bankhead Owen

This biography is included in the Book Biographies of Notable and Not-so-Notable Alabama Pioneers Vol. III


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