18. A Seriously Deep Sleeper

One of the odder Gilded Age criminal cases was described by the Court of Appeals of Kentucky in Fain v. The Commonwealth, 78 Ky. 183 (1879). It was a cold February evening in 1879 when a criminal defendant named Fain and a friend entered the lobby of the Veranda Hotel in Nicholasville, Kentucky. They shook the snow off their coats, and sat down. Both were tired, especially Fain, who had not slept much lately because of sick children at home who kept him awake at night.
It was warm inside the hotel lobby, the lights were dim, and it was not long before Fain and his friend fell asleep where they sat. Eventually, Fain’s friend woke up and tried to wake Fain but could not. He went to the reception desk and booked a room with two beds, then sent the receptionist to wake Fain. The receptionist tried, but could not, and told Fain’s friend that he thought the defendant was dead. The friend told him to not be silly, and to get on with it. As seen below, it did not turn out well for the receptionist when he got on with it.



