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364. Judge versus Lawyer Gunfight 1869

Updated: Mar 23, 2022

Conflict between lawyers and judges is nothing new in this country's legal history, an issue that continues even today. However, Pensacola's approach to this issue was taken to a whole new level in 1869. The story begins during the Civil War when Captain Joseph Dennis Wolfe (1821-1897) enlisted in 1863 and was assigned to the US 4th Colored Infantry Regiment. He was later transferred to the 25th Colored regiment and eventually arrived in Pensacola Bay at Ft. Barrancas in July 1864. There, they operated against the Confederate 6th and 7th Alabama Cavalry Regiments as well as the 15th Confederate Cavalry in around Escambia and Santa Rosa counties.


After the war, Wolfe decided to remain in Pensacola where he took up his former profession of attorney at law. But being a former Union soldier, especially one that had fought against some of the local Confederates did not help his reputation much. So, a very outspoken man by nature, it was not long before Wolfe ran afoul of his former enemies. One person in particular that clashed with the verbal Wolfe was County Judge William Kirk. Soon, others began taking sides as to which of the two men they supported. And this support more than likely depended on which side they supported during the war.


As tempers flared, citizens began calling Wolfe a "carpetbagger," a very derogatory term in the South during Reconstruction. Inflammatory words turned to fisticuffs which of course led to further threats of violence. Wolfe began carrying a pistol for self-protection, which was not that uncommon in 1869. The conflict carried over into the courtroom, located at the time in the old Pfeiffer Building. Finally, Judge Kirk (1832-1909) had had enough and ordered Wolfe to never set foot in his courtroom again. Although from Cincinnati, Ohio, Kirk had lived in Pensacola since 1859 and was already well entrenched in Pensacola society. With this in mind, the wheels were set in motion for a confrontation and the citizens did not have long to wait. For whatever reason, the two men came face to face with each other at the intersection of Palafox & Intendencia Street. There, in front of the "Grocery & Hardware" store of Jasper and Viola Jones Gonzalez, heated words were quickly exchanged. Before anyone realized what was happening Judge Kirk pulled his pistol and fired at Wolfe. Wolfe, in turn, pulled his gun as both men emptied their chambers at each other. Wolfe quickly backed into the Gonzalez store as Kirk's friend Raymond Knowles handed the judge his own loaded gun. Rearmed, Kirk advanced on Wolfe, who was now out of ammunition. Since "discretion is the better part of valor" Wolfe took off down Palafox with Kirk still firing at his retreating figure. Astonishingly, no one was hit by the fusillade!


Wolfe would follow up with criminal charges against Judge Kirk resulting in his arrest for intent to commit murder. A trial was held before a jury who heard witnesses testify against the Unionist Wolfe in the vilest of terms. Not surprising, the jury returned a verdict of "not guilty as charged!" Although it was insinuated that Kirk was disbarred, he was listed in the 1870 Census as an editor & publisher, but in 1880 & 1900 as still a lawyer. Five years later, the judge would become a member of the prestigious Brosnaham family with his 1874 marriage to Georgianna Brosnaham Renshaw (1834-1910). She was the daughter of the renown Dr. John Andrew & Isabella Eugenia Sierra Brosnaham. Kirk would pass away in the Hotel Vernon at 212 East Wright Street in 1909 and was buried in the St. Michael's Cemetery.


However, Kirk's antagonist would end his days in a much more colorful manner than the judge experienced. In the 1880s, Wolfe decided to use the power of the press to strike back at his alleged tormentors. As the editor of the Pensacola Commercial Newspaper, he began writing vindictive, inflammatory articles against those he disagreed with. Soon, he and his supporters were lining up against the established order of Pensacola. The cornerstone of his opposition was the powerful and influential William Dudley Chipley, a former Confederate of which Chipley, Florida is named. Others in the group were former Confederate General and Florida Governor Edward Aylesworth Perry and former Confederate Secretary of the Navy Stephen Russell Mallory. Among Wolfe's own supporters was City Mayor Sewell C. Cobb (1828-1902) from Maine, who was a successful businessman in the shipping of coal, lumber and fish.


Finally, John O’Connor and John C. Witt created the “News Publishing Company” to oppose Wolfe’s "Commercial" in an effort to drive him out of business. This led to the publishing of the “Daily News” in 1889 that forced Wolfe out. The “Daily News” would eventually merge with the Pensacola “Journal” into the Pensacola News Journal (Information from J. Earle Bowden, editor emeritus of the Pensacola News-Journal). Captain Wolfe's life would come to an end in 1897 and his wife Mary Caruthers Brownlee would join him in St. John's in 1912. His son, Joseph Emmett Wolfe became a Florida State Senator (1890), US Attorney under President Grover Cleveland, Florida Representative (1900), secretary to Florida Governor Napoleon B. Broward, Pensacola Circuit Judge (1907), and Miami attorney (1915) and later Dade County Judge. Captain Wolfe's daughter was Agnes Wolfe McReynolds of which McReynolds Elementary School was named in 1938.






































The Agnes Wolfe McReynolds Elementary School at 1408 East Blount Street named after Captain Joseph D. Wolfe's daughter












































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