Kentucky's famous feuds and tragedies : authemtic history of the world renowned Vendettas of the dark and bloody ground

Presented to the

UNIVERSITY OF TORONTO
LIBRARY

by the

ONTARIO LEGISLATIVE
LIBRARY

1980

KENTUCKY'S FAMOUS FEUDS
AND TRAGEDIES

Kentucky's Famous
Feuds and Tragedies

4

Authentic History of the World Renowned Vendettas
of the Dark and Bloody Ground

BY

GHAS. G. MUTZENBERG

R. F. Fenno & Co

* **''

16 East Iffllrftoreet, New York

i

-

Copyright, 1917, by

E. F. Fenno & Company

KENTUCKY'S FAMOUS FEUDS AND TRAGEDIES

CONTENTS

THE GREAT HATFIELD-McCOY FEUD.

Origin of the fetid.— Fight near the Hatfield Tunnel.—
Killing of Bill Staton. — Killing of Allison Hatfield.—
Butchery of the three McCoy brothers. — Murder of Jeff
McCoy.— The tell-tale bloody lock of hair.— Quarrel of
the Governors of Kentucky and West Virginia. — Official
correspondence between them. — Frank Phillips, the daring
raider, appears upon the scene. — Capture of members of
the Hatfield clan. — Night Attack upon the McCoy home.
— Burning of the McCoy home. — Cowardly murder of his
daughter Allifair. — Brave defense of old man McCoy and
his son Calvin. — Death of Calvin McCoy. — Wounding of
Mrs. McCoy. — Heroism of little boy. — Escape of Ran-
dall McCoy. — Retribution. — Frank Phillips gives battle
to the outlaws.— Death of brutal Jim Vance.— Battle of
Grapevine Creek. — List of casualties. — Kentucky and West
Virginia on the verge of war.— Phillips, the raider, ar-
rested.—His trial in the United States Court— His ac-
quittal.— Phillips' pluck. — Triple tragedy at Thacker,
W. Va.— Cap Hatfield and his "boy" in the toils.— Their
escape from jail. — Defying arrest. — Battle of " Devil's Back
Bone." — Destruction of the stronghold with dynamite. —
Execution of Ellison Mount. — Conclusion.

THE TOLLIVER-MARTIN-LOGAN VENDETTA.

Introduction.— The two chief causes of the feud.— Poli-
tics and whiskey.— Judge Hargis the innocent cause of the

7

8 Contents

political strife—First blood.— Pitched battle at Morehead.
— Murder of Soloman Bradley and wounding of John
Martin and Sizemore. — Martin arrested. — Mob violence
threatened, — His removal to Winchester jail. — Craig Tol-
liver and his clan lay plans for Martin's assassination.—
Forged order for delivery of prisoner presented to jailer
at Winchester. — Martin turned over to his murderers. — As-
sassination of Martin on the train.— Intense excitement at
Morehead. — County Attorney Young shot from ambush. —
His removal from the county. — Assassination of Stewart
Baumgartner. — Judge Cole and others charged with con-
spiracy.— Investigation of the charges. — The Tolliver clan
captures the town. — Riots. — Cook Humphrey becomes the
leader of the Martin faction. — Treaty of peace at Louis-
ville.— Violation of treaty. — Confession of Ed. Pierce. —
Humphrey and Raymond located at Martin residence. —
Siege of the Martin home. — Attack. — Craig Tolliver
wounded. — Humphrey's escape. — Raymond's death. — Burn-
ing of the Martin home. — County Judge's weakness. —
Troop's sent to Morehead. — Tollivers and others arrested.
— Farce trials and acquittals. — Jeff Bowling goes to Ohio.
— His finish there. — Humphrey resigns as sheriff. — Condi-
tions in Rowan County. — Humphrey and Sheriff Ramey
fight. — Sheriff and son badly wounded. — W. O. Logan
killed. — Soldiers at Morehead the second time. — Second
treaty of peace. — Articles of agreement to cease hostilities.
—Humphrey departs from Rowan County.— Craig Tolliver
violates treaty. — Reign of terror at Morehead. — Wholesale
exodus of townspeople. — Murder of the Logan boys. —
Burning of their home. — Mutilation of the corpses. — The
avengers.— Boone Logan to the front— His interview with
the Governor. — Logan declares his intention to retake his
fireside or to die in the attempt.— Purchase of arms at
Cincinnati. — Surreptitious shipment.— Preparations for bat-
tle.—The Battle of Morehead.— Killing of Craig, Bud, Jay
Tolliver and Hiram Cooper, wounding of others.— Inci-

Contents 9

dents of the battle.— Troops at Morehead.— Indictment of
Logan, Pigman, Perry and others. — Trials and acquittals.
— Return of peace.

THE FRENCH-EVERSOLE WAR.

Causes leading up to the war. — Assassination of Silas
Gayheart. — The gathering of the clans. — Scouting through
the country. — Compromise and treaty of peace of Big
Creek. — Treaty violated. — Murder of Gambriel in the
streets of Hazard. — Assassination from ambush of young
Nick Combs and Joe C. Eversole, leader of the Eversole
clan. — Brutality of the murderers. — Pursuit of the outlaws.
— Discovery of the ambush. — Escape of Judge Josiah
Combs. — Campbell becomes chief of the Eversoles. —
Hazard in a state of siege. — Campbell's tragic death. —
Killed by his own men. — Assassination of Shade Combs.
— Assassination of Elijah Morgan near Hazard. — Corre-
spondence between the Circuit Judge and the Governor. —
Troops ordered to Hazard. — Report of Capt. Sohan and of
Adjutant-General Sam E. Hill on conditions in Perry
County. — County Militia organized. — Resumption of hostil-
ities on retirement of the troops. — Battle of Hazard. —
Killing of Ed. Campbell. — Fusilade continued throughout
the day and night and the following morning. — Thrilling
escape of Fields and Profitt. — Murder of McKnight. —
Court house riddled with shot. — Withdrawal of the Ever-
sole forces. — Wounding of Fields. — Burning of the court
house. — " Blanket " court. — Troops again at Hazard. — The
" lions n caged. — Murder of Cornett. — Assassination of
Judge Josiah Combs. — Exciting pursuit of outlaws. —
Wounding of one of the outlaws. — Their escape. — Their in-
dictment, capture, trial and conviction. — Acquittal of
French and Fields. — Murder of Dr. John E. Rader. — Exe-
cution of Bad Tom Smith.

io Contents

BLOODY BREATHITT.

The Strong-Amy feud; the Strong-Callahan feud.^.
Conditions during the eighties; official correspondence be-
tween Circuit Court Judge and the Governor. — The murder
mills keep grinding. — The beginning of the Hargis-Cock-
rell-Marcum-Callahan vendetta. — Political contest cases
create bad blood. — Hargis assumes office as county judge. —
Callahan the sheriff of the county. — Trouble between
Marcum and Judge Hargis. — The Cockrell brothers. — Mur-
der of Ben Hargis by Tom Cockrell; killing of John
Hargis. — The clans arm. — Dr. Cox assassinated at night
while on a professional call. — Marcum informed that he
was marked for assassination. — Laying plots for his death.
— Mose Feltner, Marcum's friend in the enemy's camp.
— Marcum gives out a dramatic statement of the many at-
tempts made upon his life. — Murder of Jim Cockrell in
broad daylight from the court house. — Escape of mur-
derers.— Judge Hargis and Sheriff Callahan make no effort
for their apprehension. — Marcum again warned of his
coming assassination. — Murder of Marcum. — Escape of
assassins. — The county judge and sheriff spectators of the
murder. — Tragic incidents of the assassination. — Reign of
terror at Jackson. — Schools and churches closed. — Public
pressure forces investigation. — Troops place Jackson under
martial law. — Capt. Ewen tells the story of Marcum's as-
sassination and identifies the murderers. — Ewen threatened
with death. — Burning of his home while troops are at
Jackson. — Indictment of Judge Hargis, Sheriff Callahan,
Curtis Jett, and Tom White for the murders of Jim Cock-
rell, Dr. Cox and Marcum. — Change of venue to other
courts. — Determined prosecution. — Conviction of White
and Jett for life. — Description of Jett. — Manufacture of
fake alibis. — Confession of a witness convicted of swear-
ing falsely for the defense. — Accuses high officials of
Breathitt of intimidation. — Release of the convicted per-

Contents n

jurer because of his confession. — Hargis and Callahan
escape conviction. — Semblance of order finally restored
in the county. — Murder of Judge Hargis by his son, Beach
Hargis. — Details of the fratricide. — Caustic dissenting
opinion of one of the judges of the Court of Appeals. —
Conviction of Beach Hargis for life. — His release from
prison. — Assassination of Ed. Callahan, the last of the
feud leaders. — Details of the assassination. — Conviction of
his assassins. — Comments.

PREFACE

THE feudal wars of Kentucky have, in the
past, found considerable publicity through news-
papers. Unfortunately, many newspaper re-
porters dealing with this subject were either de-
prived of an opportunity to make a thorough in-
vestigation of the facts, or permitted their imag-
ination to supply what they had failed to obtain.
At any rate, the result was distortion of the truth
and exaggeration.

Exaggeration is not needed to make Kentucky's
feudal wars of thrilling, intensely gripping inter-
est to every reader.

More than a score of years were spent in the
collection of this material, involving tedious and
painstaking investigations. The greatest diffi-
culty was experienced in separating truth from
falsehood. Often the most vital facts could be
obtained solely from the actors in the bloody
dramas. The feudists and their relatives proved,
quite naturally, partial or prejudiced, and at all
times were reluctant to admit any fact detrimental
to their side, or favorable to their enemies.

I believe, however, that I have succeeded, with
13

14 Preface

the aid of court records, legislative investigations
and official military reports, in my task of pro-
during a strictly authentic history of Kentucky's
Famous Feuds and their attending tragedies.

I trust that the publication of this volume will
serve its designed purposes: — to make crime
odious; to illustrate the havoc that may be
wrought anywhere through the lax, inefficient or
corrupt administration of justice; to arouse the
people, not of Kentucky only, but of the country
at large to the necessity of dealing sternly with
crime and faithless officers.

CHAS. G. MUTZENBERG.

Harlan, Ky., September, 1916.

INTRODUCTION

A BRIEF review of the history of Kentuckians
may assist the reader to understand why they, a
kind, hospitable people to the stranger, have so
long borne the reputation of ready fighters who
often kill upon the slightest provocation, and de-
serve that reputation in a large measure. It is
" bred in the bone " for a Kentuckian to quickly
resent an insult or redress an injury.

Long before the advent of the white man Ken-
tucky, then Fincastle County, Virginia, had been
the vast hunting grounds of the Cherokees,
Creeks, Chickasaws and Catawbas of the South,
and of the more hostile tribes of Shawnees, Dela-
wares and Wyandots of the North. These tribes,
when chance brought them together on their an-
nual hunts, engaged in conflicts so instant, so
fierce and pitiless that the territory became known
as the Dark and Bloody Ground.

It was indeed a hunter's paradise. Dense
forests covered the mountains. Cane brakes
fringed the banks of numerous beautiful streams,
while to the west lay immense undulating plains.
Forest, cane brake and plain were literally alive

15

16 Introduction

with bear, deer and the buffalo ; the woods teemed
with innumerable squirrels, pheasants, wild tur-
keys and quail.

The fame of this hunting ground had attracted
bold and adventurous hunters long before Daniel
Boone looked upon one of the most beautiful
regions in the world from the crest of Cum-
berland Mountain.

These hunters, upon their return home, gave
glowing accounts of the richness and fertility of
the new country, and excited powerfully the
curiosity and imagination of the frontier back-
woodsmen east of the Alleghanies and of North
Carolina.

To the hardy adventurers the lonely wilder-
ness, with its many dangers, presented attractions
not to be found in the confinement and enfeebling
inactivities of the towns and little settlements.
Daniel Boone visited the new territory. He
found that the descriptions he had received of it
were by no means exaggerations, and decided to
remove thither with his family. After some de-
lay amid many difficulties the first white settle-
ment, Harrodstown (Harrodsburg) was estab-
lished. Within a few years other stations sprang
into existence and population increased with
amazing rapidity. Immigrants crossing the Cum-
berland mountains settled in the eastern and cen-

Introduction 17

tral parts of Kentucky, while those traveling
down the Ohio and Mississippi rivers, generally
located in the northern, western and southern
portions of the state.

This invasion by the white man was not ac-
complished, however, without long-continued,
bloody struggles with the savages. To maintain
the slender foothold Boone and his companions
had gained, required great courage and tenacity
of purpose.

The man who shivered at the winter's blast,
or trembled at every noise, the origin of which he
did not understand, was not known among those
hardy settlers with nerves of iron and sinews of
steel, who were accustomed from earliest child-
hood to absolute self-dependence and inured to
exposure and dangers of every sort.* Man in
this connection must include the pioneer women
who by their heroism illustrated their utter con-
tempt of danger, and an insensibility to terrors
which would palsy the nerves of men reared in
the peaceful security of densely populated com-
munities. Even children of tender years exhib-
ited a courage and self -composure under trying
circumstances that at this day seem unbelievable.

The life of the Kentucky pioneer and back-
woodsman was one of long and bitter struggle.
*Collin's "History of Kentucky."

1 8 Introduction

Hunting, clearing the forest, plowing and fight-
ing were his daily occupations. Every " station "
had its conflicts with the savages who fought with
relentless desperation when they found themselves
gradually but surely driven from their beloved
hunting grounds.

These armed hunters and farmers were their
own soldiers. They built their own forts, they
did their fighting under commanders they had
themselves chosen. They fought the foe in his
own style, adopted his mode of warfare, and
proved generally more successful than bodies of
troops who battled untier time-honored military
tactics.

The Indian understood the advantage of cover,
and the white man copied his methods. Thus
most of the Indian fights became nothing more
nor less than ambuscades in which the side dis-
playing the most skill in placing them, won the
victory. Boone, Kenton, Brady, Wetzel — all that
galaxy of pioneers and Indian fighters of the
early West fought the enemy from ambush.

There were few courts, and the justices presid-
ing over them knew but little law. If the law
proved too slow, or courts were too far away,
the settlers tried criminals and inflicted the pun-
ishment. The backwoodsman was prompt to
avenge a wrong. He was grim, stern, strong,

Introduction 19

easily swayed by stormy passions, and always a
lover of freedom, to the core. He had suffered
horrible injuries from the Indians and learned
to retaliate in kind. He became cruel and re-
lentless toward an enemy, but was loyal to the
d^ath to his friends and country. He was up-
right and honest. These pioneers were indeed
cast in the heroic mold. Many of them fell in the
struggle ; but there was no time for sentiment and
wailing. Over the prostrate bodies of the fallen
civilization marched triumphantly westward and
gave to America one of the most attractive re-
gions, to the nation heroic soldiers, brilliant law-
yers, men of science and of art, and a womanhood
whose beauty and accomplishments are a by-
word everywhere.

With the close of Indian hostilities came rapid
development of the more easily accessible portions
of the state. Intercourse with the East and
North obliterated old habits and customs and
primitive notions. The fertility of the soil
created wealth and with it came comfort. With
increasing prosperity came that high intellectual
development so essential to a sound, moral public
sentiment, respect for the law, and love of peace
and order, the foundation stones of a happy social
structure. Schools and churches demonstrated
their all-powerful influence by the refinement and

2O Introduction

social purity of the inhabitants. The cade duello
which had formerly been resorted to almost uni-
versally in settling personal differences, was made
a crime by law and completely disappeared.

In the mountains, however, development was
slow. That section remained isolated and prac-
tically cut off from intercourse with the more
populous and advanced portions of Kentucky and
surrounding States. Only in recent years have
railroads begun to spread their iron network
through the mountains, tapping the almost inex-
haustible coal veins, mineral deposits of various
kinds, wonderful forests of timber, until now
that section is become the richest in the State.

Education and refinement distinguished the
Blue Grass Kentuckian at an early date; he had
long enjoyed the advantages of modern civiliza-
tion, while his mountaineer brother yet lived in
the primitive fashion of his forebears, and still
remained a backwoodsman. He suffered the
same privations and possessed the traits of char-
acter of the early pioneers of the Blue Grass.

For long years the mountain section remained
a wilderness, with here and there a small settle-
ment. The inhabitants lived the lives of fron-
tiersmen and were generally poor. While many
of them owned large tracts of land, its produc-
tiveness scarcely repaid the labor spent in cultiva-

Introduction 21

tion. The great majority of these people were
honest, upright and hardworking, but the wil-
derness, the frontier, unfortunately attracts the
vicious, the violent, the criminal, the shiftless, the
outcast of better communities. Such characters
have a pernicious influence upon those with whom
they come in contact, especially upon the young
and thoughtless fellows with a taste for vicious-
ness.* The mountains of the surrounding states
of Virginia, West Virginia and Tennessee of-
fered admirable asylum to fugitives from justice
of those States. As like seeks like, individuals
and families of that stripe settled near each other,
intermarried, and thus formed a dangerous ele-
ment in an otherwise good population.

Life in the wilderness, the frontier, is apt to
bring out the true nature of the man, and his
qualities, good or bad, are accentuated. The his-
tory of every frontier of this country is the
same. The man who leaves the restraining in-
fluence of civilization behind him, becomes either
man or devil. If there is " dog-hair " in a man,
the wilderness, the frontier, will sprout it.

When the wicked element in a community had
once gained a foothold, it organized against pos-
sible interference. Once organization was com-
plete, all attempts to enforce law and order were
* Roosevelt's "Winning of the West"

22 Introduction

promptly stifled through terrorization which in-
timidated courts and overawed the officers of the
law. Under such circumstances the good ele-
ment has but one alternative — to lie supinely on
its back and ask to be killed, or to organize and
strike back at the enemy, to destroy the vicious
with powder and shot, in open fight, if possible,
from ambush if necessary, as their sires fought in
the days of the Indian. Herein lies the secret of
the long-continued, bloody internecine strifes
which have made the dark and bloody ground
of the Indian days more dark and more bloody.
Herein we find the ready and clear explanation
of the fact that many men of unquestioned in-
tegrity and honor were thrown into the vortex of
bloody strife from necessity, to fight for pres-
ervation of themselves, their families, their fire-
sides.

Immigration into these remote mountain re-
gions was almost nil and intermarriage be-
tween the settlers became the rule. In this wise
the population of any county comprised but very
few distinct families. Everybody was of kin to
everybody else, and therein we find the key to
the difficulties encountered by courts in dealing
with crime.

The murderer, if a member of a prominent
family, was certain to have kinsmen among the

Introduction 23

officers. (We may as well use the present tense
in speaking of this, for the same conditions exist
to-day, though less pronounced.) His " family,"
man, woman and child, stand by him, aid his
escape or his defence in the court house. If the
criminal, conscious of the supporting influence
surrounding him, disdains flight and boldly faces
trial, the next move is to secure a jury which will
acquit him. It often happens that those inter-
ested in the prosecution secretly come to an
agreement with the accused and his friends to
cease prosecution provided he and his in their
turn would do the same to them in cases of their
own. It is merely a case of "you scratch my
back and I'll scratch yours." Citizens who love
peace are loath to antagonize an outlaw clan so
long as they or theirs are not directly concerned.
They have no desire to assist officers in doing
their duty, should these wish to do it To in-
dict men for crime is often a risky thing.

The criminal who has succeeded in defeating
justice grows more bold, continues to pursue his
career with an enhanced contempt of the law,
until, at last, the cup runs over, and men, good
and true, rise above self, and for country's and
humanity's sake take upon themselves the task
of restoring peace and order, and summarily cut
short the life cycle of the outlaw.

24 Introduction

How far such organized bands of murderers
have succeeded in overawing the constituted au-
thorities, is illustrated by instances recorded in
this volume, where the law, the government itself,
actually compromised with the outlaws, promised,
yea, granted them immunity from past crimes,
only exacting a pledge of better behavior in
the future. If a man had committed but one
little murder, he was in some danger of a short
term in the penitentiary. If he understood his
business, instead of stopping at one assassina-
tion, he simply continued his murder mill in opera-
tion and the authorities would send special min-
isters and envoys to " treat " with him as a power
entitled to respect. Exaggeration ? No ! *

Officers of the law have actually aided in as-
sassinations, or stood idly by while murders were
committed in their presence. Investigation has
proven that in every feud-ridden section the en-
tire legal machinery was rotten to the core, per-
verted to the end and purpose of protecting par-
ticular men and of punishing their enemies. Is
it any wonder, then, that in such times and under
such conditions preaching respect for law is
breath wasted?

Sifting the matter down, we find that the chief
contributing causes of these feudal troubles,
* " Rowan County Feud," Chapter 2.

Introduction 25

wherever they have occurred, or may again oc-
cur, are due directly : — to inefficient, corrupt and
depraved officials; to a want of a healthy moral
public sentiment, through lack of proper educa-
tion and religious training; to the fact that the
law-abiding element of the feud-ridden counties
had so long been domineered over by the criminal
class and their parasites and supporters in secret,
that they are incapable of rendering any valuable
assistance in maintaining the law save in few ex-
ceptions, and these few so much in the minority
that a reformation is not to be hoped for if left
to their own resources; that during all the social
chaos attending feudal wars the promiscuous, un-
restrained and illegal sale of whiskey added fury,
fire and venom to the minds and hearts of mur-
derers. It dragged into the terrible vortex of
bloody crime many not directly connected with
the feud, but who took advantage of the disturbed
social conditions, the state of anarchy, to satisfy
their own vicious propensities without fear of in-
terruption and punishment.*

''The clannishness of the mountaineer has been
the subject of much comment. The student of
sociology must, therefore, be interested in learn-
ing that in a great measure the people of the Ken-
tucky mountains descended from the same stock

*Doeuments (Ky.) 1888

2,6 Introduction

that formed the noted Scottish clans of old. One
need only run over the names of the principal
mountain families to recognize their Scot origin.
The Scots love the highlands, and to the " high-
lands "of Kentucky many of them drifted. Scot-
land had her feuds — those of the Kentucky moun-
tains are nothing more nor less than transplanted
Scottish feuds, their continuation having been
made possible by the reasons heretofore given.

We believe it germane to the matter under dis-
cussion to add that not only feuds, but mobs and
the like, are, and ever have been, the direct out-
growth of a lack of confidence of the people in
their courts. The shameful nightrider outrages
in the western part of Kentucky a few years ago,
in a section which had boasted of a civilization su-
perior by far to that of the mountaineers, where
schools and churches are to be met with at every
corner, were the outcome, so it is claimed, of
the failure of the law to deal sternly with the
lawless tobacco trust, the " original wrongdoer ?'
in the noted tobacco war. If this were true, if
this justified the destruction by incendiaries of
millions of dollars' worth of property, brutal
whippings, the indiscriminate slaughter of entire
families without regard to age or sex, the butch-
ery of little children (for aiding the tobacco trust,
no doubt) then, indeed, is the mountaineer feudist

Introduction 27

also innocent of wrongdoing; more so, for he, at
least, never made war upon suckling infants, nor
have women suffered harm, except in one or two
instances. Nor is the cultured Blue Grass citi-
zen free to censure him, when he calls to mind
the outrages of the toll-gate raids, or takes into
account the numerous lynching bees, proceedings
from which the mountains have always been prac-
tically free.

In view of all this we cannot go far from
wrong when we say that the law's delay, the fail-
ure to punish promptly, impartially and severely
its infractions, must shoulder the responsibility
for all social disturbances, and this is true in New
York, in the West, as well as in Kentucky.

Kentucky's Famous
Feuds and Tragedies

THE GREAT HATFIELD-McCOY FEUD.

PERHAPS no section in the whole United States
has ever been the scene of more crime and long-
continued defiance of the law than that contiguous
to the Tug Fork, one of the tributaries of the Big
Sandy river, and which forms the boundary line
between West Virginia and Kentucky, separating
Logan County, W. Va., from Pike County, Ky.

Many feuds have been fought there, but none
equalled in ferocity the bloody Hatfield-McCoy
war, during which crimes of the most revolting
nature were perpetrated. Indeed, it will be dif-
ficult for the reader to believe that the devilish
deeds related in this chapter are actually true and
did occur in the midst of a civilized country,
peopled with Christian men and women, and gov-
erned (?) by wholesome laws. Yes, citizens of
a common country fought a struggle to the bitter
death without hindrance, if not with the actual

29

30 Kentucky's Famous Feuds and Tragedies

connivance of those entrusted with the enforce-
ment of law and the maintenance of order, who
looked idly upon bloodshed. The flag of anarchy,
once unfurled, fluttered unmolested for years.
Had the feud broken out suddenly and been
quickly suppressed, we should abstain from stric-
tures upon high officials entrusted with the ad-
ministration and execution of the law. But this
American vendetta covered a long period, abat-
ing somewhat at times, only to break out anew
with increased ferocity. Utter disregard for hu-
man life, ruthless, savage cruelty, distinguish this
feud from all others and easily give it the front
rank.

To add to the horror of it all, came the bitter
controversy between the governors of West Vir-
ginia and Kentucky, nearly precipitating civil war
between the two States, and effectively paralyzing
all attempts at concerted action looking toward
the capture, trial and punishment of the outlaws,
at least for a long time. That the feud is ended
now is due largely to the fact that the material
upon which it had been feeding for so many
years, became exhausted through the pistol, rifle
or the knife. But few died of disease, only one
was hanged, perhaps the least guilty of them all,
for he was a moral degenerate of such little in-
telligence that under other circumstances he might

The Great Hatfield-McCoy Feud 31

have escaped the gallows on the ground of mental
irresponsibility. The leading spirits of the war
were never punished, but rounded out their lives
at home unmolested.

The region along the Tug Fork is mountainous,
and has not until recently come in touch with the
outside world. Its inhabitants for many years
knew nothing of schools, or churches. Ignorance
prevailed to a truly astonishing degree. Courts
exercised no authority; their decrees were
laughed at and ridiculed. If a man thought him-
self aggrieved he sought redress as best suited
him. The natives tried cases in their own minds
and acted as executioners, using the rifle or the
knife. When trials, in rare instances, were re-
sorted to, they more often fanned the flame of
hatred than smothered it.

The contending factions in this internecine
strife lived on opposite sides of the Tug Fork, a
narrow stream. Randall McCoy, the leader or
head of the McCoy faction, resided on the Black-
berry Branch of Pond Creek in Pike County,
Kentucky. Near him, but on the opposite side of
Tug Fork, in West Virginia, lived Anderson Hat-
field, who had adopted for himself the nom-de-
guerre of "Bad Anse " or "Devil Anse," the
controlling spirit of the Hatfield dan.

Both families were large, extensively related

32 Kentucky's Famous Feuds and Tragedies

throughout the two counties and composing the
greater portion of their population. The Mc-
Coys and Hatfields frequently intermarried and
thus it happens that we find McCoys arrayed on
the side of the Hatfields and Hatfields friendly
to the Randall McCoy faction.

While the feud proper did not break out until
1882, it is necessary to go back further. For the
enmity between the Hatfields and McCoys dates
back to the Civil War, during which the former
maintained an organized company of raiders, os-
tensibly for the purpose of protecting property
against invading marauders of either army. The
McCoys supported a similar force on the Ken-
tucky side. These bands frequently encroached
upon and entered each other's territory, resulting
in clashes and bad blood, though both factions
adhered to the same political party. After the
war the older heads tried to maintain a show of
friendship in their intercourse, but the younger
generations allowed their passions a free hand.
Difficulties grew in frequency ; still no lives were
lost.

A few razor-backed, long-legged, sharp-nosed
porkers are the indispensable adjunct of well-reg-
ulated mountaineer families. In those days the
farmer marked his hogs and turned them loose
in the woods. They soon fattened on the abun-

The Great Hat field-McCoy Feud 33

dant mast and were, late in the fall, driven home
to be killed. If one of those marked hogs hap-
pened to turn up in the possession of another,
woe unto him. Vengeance was visited upon him
swiftly, though not as severe as in the case of
rustlers in the West. A circuit judge of Ken-
tucky once remarked, very appropriately, that a
hog seemed of more value in his district than a
human life. There was truth in this bit of sar-
casm. More men have been acquitted of murder
in Kentucky than of hogstealing. It seems ridic-
ulous that a few of the unseemly brutes should
have become the innocent promoters of a feud,
but it is true. Innocent or not, the facts are
against them. Sometime during the seventies
one Floyd Hatfield, afterwards known as " Hog "
Floyd, drove a number of hogs from the forests
and confined them in a pen at Stringtown. A few
days later Randolph McCoy of Kentucky passed
the pen in question and upon examination of the
animals claimed them as his property and de-
manded their delivery to him, which Hog Floyd
refused to do. McCoy brought an action for
their recovery. The trial was held at Raccoon
Hollow, a little village some miles down the val-
ley. Deacon Hatfield, Floyd's relative, presided.
The McCoys and Hatfields attended the trial in
force. Every man was armed. During the short

34 Kentucky's Famous Feuds and Tragedies

trial many things occurred that convinced those
acquainted with the characters of the men com-
posing the factions, that bloody hostilities must
result. Randolph McCoy made an impassioned
speech to the jury, openly charging several Hat-
field witnesses with perjury. Among those so
accused was one Stayton who, incensed by the
charge, attempted to strike his traducer, but was
prevented by Randolph McCoy's son. McCoy
lost his case. The Hatfields exulted, jeered and
sneered; the McCoys returned home grumbling
and threatening.

Fists and rocks now gave place to the rifle and
repeated long-range shooting matches occurred
between the factions. When meeting in the
forests, they treed and fought for hours with their
old-fashioned muzzle-loaders and cap and ball
pistols, without any appreciable result.

In 1880 occurred the first battle in which blood
was drawn. It happened about a mile below the
Hatfield tunnel, between Bill Stayton, Paris and
Sam McCoy. They had met by accident. Stay-
ton rightly guessed that the boys would show
him no mercy after the many injuries and insults
they had received at his hands. Instantly he
leaped behind a bush, broke off the top of it,
rested his gun in the fork of two limbs, took care-
ful aim and fired. Paris McCoy fell heavily to

The Great Hatfield-McCoy Feud 35

the ground. Although severely wounded in the
hip he managed to regain his feet and shot Stay-
ton in the breast. The two then came together
in a fierce hand to hand combat. Having thrown
down their empty and useless rifles they fought
with their hands and teeth, ferocious as wild ani-
mals. Paris' cheek was frightfully bitten and
lacerated. Weakened from loss of blood and
suffering excruciating pain from his wounds, he
was about to succumb to the superior strength of
his powerful adversary, when Sam McCoy,
armed with a pistol, came to his rescue. He had
been afraid to fire while the men were locked in
their deadly embrace. Now came the opportunity
and he sent a ball crashing through the brain of
Stayton, who fell back and instantly expired.
The body was found some days later.

Suspicion at once pointed to the two McCoy
brothers. Paris promptly surrendered himself to
the authorities, and was given an examining trial
before Magistrate Valentine ( Val) Hatfield, who
released him from custody. Sam McCoy fled to
the hills, but after eluding the officers for a month
or more was captured by Elias Hatfield, indicted
by the grand jury of his county, tried and
acquitted.

In the summer of 1882 it happened that a rela-
tive and friend of both factions ran for office in

36 Kentucky's Famous Feuds and Tragedies

Pike County. The clans met on election day,
August 7th, to work for their man.

It was the custom then, as well as now, al-
though the law has placed serious restrictions
upon the practice, to supply voters with copious
quantities of whiskey. A candidate who failed
to do his duty in this respect was certain to lose
many votes, if not the chance of election.

On the occasion in question " moonshine "
liquor was plentiful. Both the Hatfields and Mc-
Coys and their adherents imbibed freely and dur-
ing the day grew boisterous and belligerent. The
immediate occasion for beginning a fight was
furnished when Tolbert McCoy approached Elias
Hatfield, commonly known as " Bad Lias," and
demanded payment of an old debt. A quarrel
ensued and the fight was on. " Bad Lias " got
the worst of it.

The fight had attracted the attention of the
friends and kindred of both men. Officers at-
tempted to separate them without avail. Then
" Big " Ellison Hatfield took a hand. Enraged
and on fire with copious drinks of whiskey, he
challenged the victorious Tolbert McCoy to fight
a man of his size. Hatfield was a powerful man.
Straight as an arrow, he stood six feet six in his
stocking feet, and weighed considerably over two
hundred pounds. .The fight now went against

The Great Hatfield-McCoy Feud 37

McCoy from the start. He resorted to his knife
and during the struggle stabbed Hatfield repeat-
edly and with frightful effect. Again and again
he plunged the cold steel into the body of his ad-
versary. Though horribly slashed and losing
much blood, Hatfield yet retained strength.
With a final effort he threw McCoy upon the
ground, sat upon him, seized a large jagged stone,
raised it on high to strike the fatal blow, when
Phamer McCoy, who had been patiently waiting
for the opportunity, fatally shot Hatfield with a
pistol.

It was also charged by the Hatfields that Ran-
dolph McCoy, Jr., a youth of fifteen, had stabbed
Hatfield once or twice.

As soon as Phamer McCoy saw the effect of
his shot he dropped the weapon and sought safety
in flight. He was pursued by Constable Floyd
Hatfield and captured. Tolbert and young Ran-
dolph were also immediately arrested. The
wounded Hatfield was removed to the house of
one of his kinsmen.

The prisoners remained on the election ground
under heavy guard, for some two hours. Then
they were taken to the house of Johns Hatfield for
the night. Tolbert Hatfield and Joseph Hatfield,
two justices of the peace of Pike County, Ken-
tucky, Mathew, Floyd and other Hatfields had

38 Kentucky's Famous Feuds and Tragedies

charge of the prisoners. The father of the three,
old Randolph McCoy, remained with them
through the night.

Early on the following morning the officers
proceeded with their charges on the road to Pike-
ville, the county seat. Scarcely had they traveled
half a mile, when they were overtaken by Val
Hatfield, the West Virginia justice of the peace,
and "Bad Lias" Hatfield, brothers of the
wounded Ellison. They demanded of the offi-
cers that they return with their prisoners into
the magisterial district in which the fight had
occurred to await the result of Ellison Hatfield's
wounds. The officers complied with the demand,
Randolph McCoy, Sr., remonstrated, but was
laughed at for his pains. He then started alone
to Pikevillc for the purpose of consulting with
the authorities there. That was the last time he
saw hir. three sons alive.

After bein^ turned back by Val and Bad Lias
Hatfield the: prisoners were taken down the creek.
At an olc housu there was a co.n sled. Val di-
rected tho three brothers placed in it, and in that
manner they were conveyed to Jerry Hatfield's
house. Here Charles Carpenter, who, together
with Devil Anse -nd Cap Hatfield, Alex Me :^r,
the three Mayhorn brothers, and a number of
other outlaws, had joined Val Hatfield and the

The Great Hatfield-McCoy Feud 39

other officers at tlie old house, procured ropes and
securely trussed and bound the prisoners. In this
condition they remained until they were mur-
dered.

At noon the crowd stopped at the Reverend
Anderson Hatfield's for dinner. After the meal
was over, Devil Anse stepped into the yard and
there cried out : " All who are friends of Hat-
field fall into line." Most of those present did
so from inclination or through fear.

From there the prisoners were taken to the
river and across into West Virginia to an old,
dilapidated schoolhouse. Here they lay, tied,
upon the filthy floor.

Heavily armed guards at all times stood senti-
nel over the doomed brothers. Cap and Johns
Hatfield, Devil Anse and his two brothers, Elias
and Val Hatfield, Charles Carpenter, Joseph
Murphy, Dock Mayhorn, Plyant Mayhorn, Sel-
kirk McCoy and his two sons, Albert and L. D.,
Lark and Anderson Varney, Dan Whitt, Sam
Mayhorn, Alex Messer, John Whitt, Elijah
Mounts and many others remained at or about
the schoolhouse, awaiting news from the bed-
side of Ellison. Hatfield.

Along toward night arrived the mother of the
unfortunate prisoners, and the wife of Tolbert
McCoy, to plead with the jailers for the lives of

40 Kentucky's Famous Feuds and Tragedies

the sons and husband. The pleadings of the
grief-stricken women fell upon deaf ears; they
had no other effect upon these hearts of stone
than rough admonitions from Val Hatfield and
others to " shut up, stop that damned noise, we
won't have no more of it."

Night had fallen. The women were told to
leave and thrust from the house into the inky
darkness. It had been raining hard and the creeks
were swollen. Wading streams, drenched to the
skin, the miserable women felt their way through
the dark, stumbling and falling along the road, or
trail. Along about midnight they arrived at Dock
Rutherford's house. Bruised, shivering, ill and
shaking from exposure, fatigue, grief and terror,
they could travel no further, and were taken in
for the night.

Morning came and again they hastened to the
improvised prison of their loved ones. There
they were viciously taunted with the uselessness
of their endeavor to obtain mercy. They were
told that if Ellison Hatfield died of his wounds,
" the prisoners will be filled as full of holes as a
sifter bottom."

Along about two o'clock Val Hatfield curtly
commanded Mrs. McCoy to leave the house and
to return no more. She pressed for the reason
of this order and was told that her husband,

The Great Hatfield-McCoy Feud 41

Randolph, was known to be at that moment at-
tempting to assemble a crowd to rescue his sons.
"Of course, you know," sneered the heartless
wretch, "if we are interfered with in the least,
them boys of yours will be the first to die."

Mrs. McCoy denied the truth of the report, but
her protestations were in vain. The two women
saw themselves compelled to abandon the utterly
useless struggle to save their loved ones and de-
parted. It was the last time they saw them alive.

All along throughout their confinement the
brothers had shown a brave spirit. Now they
lost all hope of rescue as from hour to hour the
band of enemies increased until a small army had
assembled.

Through the open door they saw them sitting
or standing in groups. Some were idly playing
cards; others singing ribald songs or church
hymns, whichever struck their fancy; all of them
were drinking heavily. They heard an animated
discussion as to the manner of death they should
be made to suffer in the event of Ellison Hatfield's
death. Some had suggested hanging; then one
proposed that they make it a shooting match,
with live human beings for a target. The idea
was adopted by acclamation.

Along in the afternoon of the gth of August,
the third day since the wounding of Ellison Hat-

42 Kentucky's Famous Feuds and Tragedies

field, the assembled band was suddenly startled
and every man brought to his feet by the sounds
of a galloping horse. Instinctively they realized
they were about to have news of Ellison Hat-
field. The stir among their guards had aroused
the attention of the prisoners. They easily
guessed its portent. It was not necessary to tell
them that Ellison Hatfield was dead. His corpse
had been brought to the home of Elias Hatfield,
who, together with a number of others that had
been waiting at the bedside of the dying man,
now augmented the Hatfield forces at the old
schoolhouse.

A mock trial was had and sentence of death
passed upon the three McCoy brothers. These
helpless, hopeless creatures, tied to one another
like cattle about to be delivered to the slaughter-
house, were now jeered, joked and mocked.
They were not told yet when they must die, nor
where. To keep them in uncertainty would only
increase their suffering and that uncertainty lasted
to the end.

It is nine o'clock at night. They are taken to
the river, placed on a flat boat and conveyed to
the Kentucky side. Within 125 yards of the
road, in a kind of sink or depression, the three
doomed brothers are tied to pawpaw bushes.

Around them stands the throng of bloodthirsty

The Great Hatfield-McCoy Feud 43

white savages, reared in the midst of a Chris-
tian country, and from which every year go mis-
sionaries and fortunes in money to foreign lands
to make man better and rescue him from sav-
agery. But somehow this region had been over-
looked. Not one voice is raised in pity or favor
of the victims, an unfortunate man, a youth and
a child.

The monsters dance about them in imitation
of the Indian. They throw guns suddenly into
their faces and howl in derision when the thus
threatened prisoner dodges as much as the bonds
which hold him will permit.

Alex Messer now approaches closely to Phamer
McCoy and deliberately fires six shots into dif-
ferent parts of his body. This is not an act of
mercy, to end the man's suffering. No, he has
taken care to avoid the infliction of any instantly
fatal wound. Messer steps back, views the flow-
ing blood and pain-distorted face and — laughs.

Ellison Mount, supposedly the most savage of
them all, now proves more merciful. He carries
a long-barreled, old-fashioned hunting rifle; he
throws it to his shoulder, takes careful aim, and
blows out the brains of Tolbert McCoy who, im-
mediately before the shot fired, had thrown his
arm to protect the face. The bullet penetrated
through the arm into the head.

44 Kentucky's Famous Feuds and Tragedies

Only the little boy, Randolph McCoy, Jr., is
left unharmed, as yet. Will they spare him?
Some favor his release, one or two demand it.
But this idea is hooted down upon the ground
that he is as guilty as the others, and even if he
were not, now that he knew the assassins of his
brothers, it would be utter folly to leave such a
dangerous witness alive to tell the story. " Dead
men tell no tales/' cries one of the heartless
wretches, and impatient of the useless delay, ap-
proaches the boy and with a double charge of
buckshot blows off his head.

The entire band then fires a farewell volley
into the bodies of the dead.

We said " the entire band." This is not cor-
rect. For one of the Hatfields had remained on
the other side of the river. " The Bible condemns
murder/' he had said. But this good man volun-
teered to stand guard and prevent any interfer-
ence or interruption of the butchery.

The foul deed accomplished, the murderers re-
crossed the river and entered West Virginia.
Then Val Hatfield, the justice of the peace, this
officer of the law, with solemn formality admin-
istered to the murderers the oath never to betray
the name of a member of the band even should
death stare him in the face. What is an oath to
such depraved creatures? There, standing on the

The Great Hatfield-McCoy Feud 45

banks of the river, surrounded by that throng
of midnight assassins, in sight of the spot that
bore the frightful evidences of the dastardly
work, Val Hatfield commanded them to raise
their bloody hands to heaven. Each and all
solemnly swore to stand by each other, never to
reveal the secret of that night's work, asking God
to witness their oath. What supreme blasphemy !

After their return to West Virginia, parties
who saw them and noted they were without the
prisoners, asked what had become of them. Val
Hatfield replied with a smile that they had " sent
them back to Kentucky to stand the civil law."

As soon as the assassination became known, the
brothers and relatives of the dead untied the torn
and mangled bodies, placed them in a sled and
conveyed them to their home.

Have we exaggerated in the telling of this
story? Let us see. Years afterwards some of
the assassins were brought to trial. During the
hearing of the case against Val Hatfield, the West
Virginia justice of the peace, Mrs. Sarah McCoy,
the mother of the slain brothers, testified : —

" I am the mother of Phamer, Tolbert and
young Randolph McCoy. They are dead. They
were killed on the night of August Qth, 1882. I
saw them on the Monday before that, at Floyd
Hatfield's, while they were under arrest. The

46 Kentucky's Famous Feuds and Tragedies

next time I saw them was over on Mate Creek,
in Logan County, West Virginia, at a school-
house. When I got there, Val Hatfield was sit-
ting by them with a shotgun across his lap. I
was talking, praying and crying for my boys.
While over at the mouth of Mate Creek I heard
Val Hatfield say that if Ellison Hatfield died, he
would shoot the boys full of holes. Tolbert was
shot twice in the head and three or four times
in the body. Phamer was shot in the head and
ten or eleven times in the body, maybe more.
The top of one side of the little boy's head was
shot off. He was down on his knees, hanging
to the bushes when they found him. Tolbert had
one arm over his face. Tolbert was 31, Phamer
19 and Randall 15 years old. They were hauled
home on a sled and buried in one coffin.

" When Val Hatfield was sitting by them with
a double barreled shotgun in his lap, the boys
were lying on something on the floor, tied to-
gether with a rope. I fell on my knees and began
praying and begging and crying for my children.
Some one said there was no use of that, to shut
up. Then some one came in and said that my
husband was on the way with a large party to
rescue his sons. I told them that there was noth-
ing of it. They said for us to leave. Tolbert's
wife was with me. They said that if they were
interfered with my boys would be the first to
die." *

* Records Pike Circuit Court, Commonwealth versus Val
Hatfield, etc., opinion of Court of Appeals, No. 9, 1889.

The Great Hatfield-McCoy Feud 47

The day following the murder the coroner of
the district, also a Hatfield, held an inquest in
which the jury reported a verdict to the effect
that the three McCoy brothers had been shot and
killed at the hands of persons unknown.

In affairs of this kind, where many men are
engaged, men whose acts prove them without
honor, without respect for law, man or God, truth
comes to light in spite of oaths to reveal nothing.
The parties had been seen with their prisoners by
many people and had been seen returning to West
Virginia without them. Neighbors heard the
shots fired; saw the band of cutthroats, armed
to the teeth, led by the brothers of Ellison Hat-
field, the dead man. Aside from that, Mrs. Mc-
Coy and Tolbert McCoy's wife had recognized
and knew personally all of the men that guarded
the boys at the schoolhouse. They had heard
the threats repeated time and again that if Elli-
son Hatfield died, the boys would be murdered.
The officers who had at first arrested them and
taken charge of them, testified that at the house
of the Reverend Hatfield's the boys were tied,
and that then they, the officers, were informed by
Devil Anse, Val and Cap Hatfield, to " vamoose."
Twenty-three of the Hatfield clan were indicted
in the Pike Circuit Court (Kentucky), each one
charged with three murders. The indictments

48 Kentucky's Famous Feuds and Tragedies

were returned into Court on the I4th day of Sep-
tember, 1882, but none of them was tried until
seven years later.

Although heavy rewards were offered for the
apprehension of the murderers, not until years
after the crime was it that an actor stepped upon
the scene whose intrepidity and shrewdness finally
led to the undoing of many of the murder clan.
However, through the law's delay, many other
horrible outrages followed this one, and many
lives were lost before an end was put to blood-
shed.

Much speculation was indulged in, after the
assassination of August 9th, why old man Ran-
dolph McCoy had made no attempt to rescue his
sons. The explanation is simple. When he left
them on the morning following the fight they
were in charge of Kentucky officers and guarded.
When turned back by Val and Elias Hatfield, he
was told by these men that the boys should have
an examining trial in the magisterial district in
which the fight had taken place, that the wit-
nesses for both the State and the defence would
be more easily accessible there than if the trial
were had at Pikeville many miles away. At the
county seat McCoy conferred with lawyers and
engaged them in the defence of his sons for the
killing of Ellison Hatfield, should he die. He

The Great Hatfield-McCoy Feud 49

could not believe that Val Hatfield, a sworn offi-
cer of the law, would so far forget and violate
his solemn oath of office so to condone or aid
or to participate in such a wholesale butchery.
Aside from this, the arresting officers, also Hat-
fields, would see to the safety of the prisoners,
as it was their duty to do. He feared, too, that
interference might endanger the safety of the
sons and thought it best to remain passive. He
placed his trust in the law. We have seen the
result.

After the indictment of the Hatfields they
maintained their armed organization under the
leadership of Devil Anse and " Cap," his son.
Devil Anse was a man of fine physique, tall and
muscular, as were his sons, Johns and Cap. Ran-
dolph McCoy described Cap as " six feet of devil
and 1 80 pounds of hell ! " Neither of these men
suggested the outlaw and the desperado. All of
them possessed regular features, but the strong
jaws, the rectilinear foreheads with angular,
knotty protuberances denoted according to the
physiognomist firm, harsh, oppressive activity.
In their intercourse with friends they exhibited a
jovial disposition and their eyes beamed kindly.
But once aroused to anger there took place an
instant metamorphosis. At such times Anse Hat-
field justified the sobriquet " Devil " Anse. Then

5O Kentucky's Famous Feuds and Tragedies

the glittering eyes told of the fires of rage and
hate within, the veins in his forehead bulged and
knotted and corrugated; the quivering lips, thin
and straight, bespoke the cruelty of which he was
capable of inflicting upon all who dared oppose
him or his. His whole countenance at such times
impressed one with awe and fear. It had that
effect upon strangers ignorant of his record of
blood. And — like father — like sons.

Old man Randolph McCoy, at the time of the
murder of his three sons, was sixty-three years
old. He was by no means a strong man. His
features wore a kindly expression. He was quiet
in his talk, and one of the most hospitable citizens
of Pike County. That he was brave, when ne-
cessity demanded it he had demonstrated on many
occasions. But he was not, and never had been
a bully, nor was he bloodthirsty. He made all
possible efforts to effect the capture of his sons'
assassins and sought to punish them through the
law. His efforts in this direction exasperated the
Hatfields still more. Not satisfied now with
eluding the officers, they assumed the offensive,
invaded Pike County in force at any time they
saw fit, harassed the McCoy family in every pos-
sible manner with the evident intention of even-
tually driving them out of the country, and to

The Great Hatfield-McCoy Feud 51

thus remove the main spring of the prosecution
against them in the Pike County courts.

Finding themselves baffled in this purpose, the
death of the old man was decreed. In the month
of June, 1884, the murder was scheduled to take
place.

McCoy had been summoned to appear in court
at Pikeville in some case. Of this fact the Hat-
fields had prompt information, for even in the
county seat they had their spies and supporters.
Knowing well the route the old man must take
to reach Pikeville, an ambush was prepared at a
suitable spot.

A mistake saved the old man's life. Two of
McCoy's neighbors, also witnesses at court,
started for town on the same day. They were
clad almost precisely as were Randolph McCoy
and his accompanying son Calvin. Accident be-
lated the McCoys and so they rode far to the
rear of their neighbors who, on approaching the
ambush at nightfall, were fired upon. In the
fusilade both men were wounded, one of them
crippled for life. Their horses were shot dead
on the spot.

The assassins, confident that the hated old man
McCoy was no more, returned to West Virginia,
jubilant and rejoicing, celebrating the supposed
death with a grand spree. We may imagine their

52 Kentucky's Famous Feuds and Tragedies

chagrin and disappointment on discovery of the
mistake and the consequent escape of the hated
enemy. Discouragement, however, was a word
not included in their vocabulary. Failure only
spurred them to renewed and greater efforts.

In 1886 the feud branched off. One Jeff Mc-
Coy, brother of the wife of Johns Hatfield, was
accused of murdering Fred Walford, a mail
carrier. Finding the officers hot on his trail in
Kentucky he fled, and sought safety in West Vir-
ginia, at the home of his brother-in-law. Hat-
field, formerly an active member of the murder
clan, had, however, of late ceased to participate in
their lawless raids. Although he had not for-
gotten his hatred of the McCoys, for his wife's
sake he sheltered her fugitive brother.

Near Johns Hatfield lived Cap Hatfield, who
had in his employ one Wallace. Jeff McCoy had
been at the home of his brother-in-law but a short
time when he became aware of the presence of
Wallace at the farm of Cap Hatfield's. Trouble
started at once.

As we have seen, attempts upon the life of old
man McCoy had thus far proved abortive.
Somehow, all the best-laid plans of the Hatfields
had miscarried. Suspicion grew that there must
be a traitor in their camp, and this became more
strong as time rolled on, with the result that the

The Great Hatfield-McCoy Feud 53

wife and mother of one Daniels were accused of
furnishing information to the McCoys. One
night, while Daniels was absent from home, the
house was surrounded, the door broken open and
the two women were cruelly beaten. Mrs. Daniels
subsequently died from her injuries; the old lady
was rendered a cripple for life.

Daniels' wife was a sister of Jeff McCoy, who
had somehow secured information sufficient to
regard Wallace as the instigator and leader of
the outrage. He hunted for him high and low,
but had lost all trace of him until, to his great
joy, he discovered his whereabouts — at the home
of Cap Hatfield.

On November ijth, 1886, accompanied by a
friend, he went in search of Wallace. Cap Hat-
field was absent; his wife lay ill in bed. When
McCoy approached the house Wallace was busily
at work in the yard. He was called upon to sur-
render. On looking up he saw himself covered
by two guns. McCoy pretended to arrest him
for the purpose of taking him to Pikeville for
trial of the indictments returned against the as-
sailant of the Daniels women. Wallace, how-
ever, readily surmised the true intention of his
captors. He expected no mercy at the hands of
the man who believed and knew him to be guilty
of beating the sister to death, and attempted es-

54 Kentucky's Famous Feuds and Tragedies

cape. On the first opportunity, while the vigi-
lance of his captors had momentarily relaxed, he
started to run, but was shot down, although not
seriously wounded. He gained the house, barri-
caded the door, and through the window opened
fire upon McCoy and his associate. These re-
turned the fire, shot after shot they drove through
the windows and door, for, at this time, the heavy
repeating Winchester rifle had come into general
use. While other modern inventions found no
market there, the most improved guns and pistols
might have been found in homes that had not
learned the use of a cook stove.

The fusilade continued for some time, but Wal-
lace, in his fort of log walls, drove the enemies
from the field.

Immediately upon Cap Hatfield's return Wal-
lace was told to swear out a warrant against Jeff
McCoy and his companion Hurley. The papers
were taken in hand by Cap Hatfield, who had
secured the appointment of special constable. He
was not long finding the men. With his ac-
customed coolness he covered them with his guns,
ordered Hurley to throw his weapon on the
ground and to disarm McCoy. This capture of
two armed and dangerous men single-handed
proved the daring of Hatfield. He started for
Logan Court House, W. Va., with his prisoners.

The Great Hatfield-McCoy Feud 55

On the way he was joined by Wallace, doubtless
by previous appointment. Together they pro-
ceeded to Thacker, a small village on the way.
There a short halt was made, and the prisoners
were left to themselves. This opportunity Mc-
Coy used to cut the thongs that tied his hands by
means of a knife held between his teeth. As soon
as his hands were free he started on a run for the
Kentucky side. He reached the Tug Fork,
plunged into the stream and swam for life. But
his captors were marksmen. He had reached
the bank of the river on the opposite side and was
climbing the steep slope, when a well-directed
shot from Cap's gun tore through his heart and
he fell dead upon his face.

It was common knowledge that the opportunity
to escape had been given him deliberately. Hat-
field and Wallace enjoyed to the full the fruitless
effort to escape death. It was sport, nothing
more.

Hurley, strange to say, was liberated. Wal-
lace escaped, but in the following spring was
captured by two of Jeff McCoy's brothers, Dud
and Jake, and delivered to the jailer of Pike.
Before trial he broke jail and returned to Cap
Hatfield, who supplied him liberally with money
and a mount to aid his escape.

For some time thereafter all trace of him was

56 Kentucky's Famous Feuds and Tragedies

lost. At last he was heard of in Virginia. Un-
willing to turn his hands to honest labor, he had
engaged in the illicit sale of whiskey. For this
he was arrested and fined. In this wise his name
became public and in the course of time his
whereabouts became known back in Kentucky.
Jeff McCoy's brothers offered a reward for his
capture and two men started upon the trail of the
much desired fugitive. Within a short time they
returned to Kentucky and claimed the reward.
Where was the prisoner ? The answer was given
by the exhibition of a bloody lock of hair — the
reward was paid.

Came the year 1887. Still not one of the
twenty-three murderers of the three McCoy
brothers had been apprehended, although they
were frequently seen on the Kentucky side. At-
tempts to take them had been made from time
to time, but the officers always found them in
such numbers and so perfectly armed that an at-
tempt to force their arrest would have resulted
in much bloodshed without accomplishing the ar-
rest.

Then Governor Proctor Knott of Kentucky
took a hand and offered tempting rewards. His
successor, General Simon Bolivar Buckner, re-
newed them, and issued requisitions for the
twenty-three murderers upon the governor of

The Great Hatfield-McCoy Feud 57

West Virginia, appointing as agent one Frank
Phillips to receive the prisoners.

Weeks passed and no attempt was made on
the part of the West Virginia officers to execute
the warrants for these men so badly wanted in
Kentucky, and, to the utter surprise and indig-
nation of Governor Buckner, the West Virginia
Executive, Governor Wilson, refused to honor
the requisitions, assigning various reasons and
excuses for his non-action.

Governor Buckner, the old " warhorse," as his
friends and comrades-in-arms in the Civil War
affectionately dubbed him, took the West Vir-
ginia governor to task for his lack of coopera-
tion in the apprehension of the murderers. An
exceedingly salty correspondence followed. The
controversy grew so bitter that, for a time, a
declaration of war between the two States would
have surprised no one. And while the governors
fought each other on paper, the murder mill
ground on uninterrupted, the bloody warfare con-
tinued without molestation.

Now enters upon the scene Frank Phillips,
Governor Buckner' s Kentucky agent, to receive
the persons named in the requisition upon the
Governor of West Virginia. He was a deputy
sheriff. Though of slight stature, he was as brave
a little man as ever trod the soil of Kentucky,

58 Kentucky's Famous Feuds and Tragedies

so noted for her brave sons. He was rapid as
lightning, and would have made an ideal quarter-
back for any college football team. With all his
bravery he was cautious, circumspect and shrewd.
A terror to evil-doers, he was the general favorite
throughout Pike County among the law-abiding
citizens.

An incident which occurred during the summer
of 1887, illustrates the utter fearlessness of the
little, keen-eyed deputy sheriff. Warrants for
the murderers of the three McCoy brothers had
been issued upon the indictments repeatedly and
as often returned by the sheriff " not found,"
notwithstanding the presence of the fugitives on
the Kentucky side on various occasions was com-
mon knowledge. Having so long remained un-
molested, the Hatfields grew bold, and in 1887,
took great interest in the Pike County election.
Such was their contempt of the officers that as
election day approached, the sheriff of Pike
County was notified to instruct his deputies, that
had warrants against them, to be certain and stay
away from the voting precinct at which they, the
Hatfields, would appear on election days, or, if
the officers should attend, to leave the bench war-
rants for their arrest behind.

The election following the appointment of
Frank Phillips as a deputy was one of deep in-

The Great Hatfield-McCoy Feud 59

terest tc the Hatfields. Desiring to attend it, they
sent word to Phillips to remain away, or to come
unarmed and without warrants. He was threat-
ened with sure death if he violated these injunc-
tions. Frank, however, was cast in a different
mold from that of his predecessors. He replied,
in writing, that business demanded his presence
at that election precinct on election day; that he
would be there; that he would bring along the
bench warrants, would come fully armed and
that he intended to either take or kill them.

The Hatfields were amazed at the nerve of the
man, but finally came to regard it as an idle
boast. True to his word, Phillips went to the
election ground. The Hatfields approached within
gunshot distance and fired a volley through the
brush and bushes, stampeding all but some eight
or ten persons. The plucky little deputy sheriff
remained till late in the afternoon, but the Hat-
fields withdrew. Inspiring example of what a
brave, determined officer may do and it proves
that with all their contempt for law and order
deep down in the hearts of outlaws there is the
fear of retribution and punishment. The little
man had called their bluff because he had right
on his side, and the nerve to contend for that
right, and wherever there is a genuine determina-
tion to put an end to outlawry, it can be done, it

6o Kentucky's Famous Feuds and Tragedies

matters not how desperate and vicious the out-
laws may be.

Late in the fall of the same year Phillips, with
three other men, crossed over into Logan County,
W. Va., to receive the prisoners who had been
arrested, as he supposed, on warrants issued by
Governor Wilson after the issuance of the Ken-
tucky governor's requisitions.

After crossing the line between the two States
he, for the first time, learned that no warrants had
ever been issued, at least that no arrests had been
made or even attempted. Then something hap-
pened. He and his men suddenly came upon Sel-
kirk McCoy, Tom Chambers and Mose Christian,
three of the murder clan that slew the McCoy
brothers, and who were included in the requisi-
tions. The opportunity to nab them was too good
to resist the temptation to capture them, even
without warrants, and it was done. He hurried
them back and across the line into Kentucky,
served them with Kentucky bench warrants and
delivered them to the jailer at Pikeville.

The rage of the Hatfields over this " unlaw-
ful " arrest knew no bounds. It was an outrage,
and a shameful violation of the law, they cried.
They sought an outlet for their pent-up indigna-
tion and decided to make another attempt upon
the life of old man McCoy.

The Great Hatfield-McCoy Feud 61

For this purpose the leaders selected the most
dangerous and desperate members of the clan.

At midnight, January 1st, 1888, this band of
desperadoes, led by Cap Hatfield, heartless cut-
throats all, surrounded the house of Randolph
McCoy. On New Year, when every man and
woman in the land should reflect regretfully upon
the many follies and errors committed during the
year gone by and good resolutions should fill
every heart, on New Year's night this outlaw
band prepared to and did inaugurate another year
of bloodshed and of horror.

Silently, with the stealth of Indians, the phan-
tom shadows moved about the doomed home-
stead. They were in no hurry. It was far from
their intention to break into the house and with a
few well-directed shots put an end to the old
man whom they had sworn to destroy. No!
Such a death would have been too quick and pain-
less. He must burn; they must maim and tor-
ture. What mattered it that women were in the
house. " They will serve him for company,"
chuckled the heartless Jim Vance. They must
first be made to feel the impossibility of escape;
to entertain their tormentors with their distress
and horror. They must furnish sport, the sport
the savages so much delighted in.

Within all was quiet. The inmates were all

62 Kentucky's Famous Feuds and Tragedies

wrapped in slumber, utterly unconscious of the
fate that was in store for them. Without,
through the gloom of the cold January night,
shadows flitted to and fro, busily attending to
their hellish work.

The McCoy homestead was a double log house,
separating the two houses was a wide passage,
and all under one roof. On one side of the build-
ing a match is struck. The next moment a pine
torch casts a lurid glare into the darkness. The
hand that holds it reaches upward and touches the
low board roof. It sets it on fire in a dozen
places. The family is suddenly awakened by the
yells of exultation from the savages without.
Shots pour into the houses through doors and
windows. Calvin McCoy, the son, who slept up-
stairs, dresses hurriedly, grasps his rifle and car-
tridges and descends to the lower floor. He ap-
proaches the bed of his terror-stricken, aged
mother, pats her gently on her cheek, cautions
her to lie still, telling her to fear not, though in
his heart he has no hope. He returns to his room
and opens fire upon the outlaws.

His father, cool and undaunted, fights the
flames devouring the roof from the loft. The
water becomes exhausted. He resorts to butter-
milk, of which there happened to be large quan-
tities in churns. The fire is about conquered. An

The Great Hatfield-McCoy Feud 63

outlaw hand reaches up to rekindle it with an-
other torch. Randolph McCoy takes up his gun,
aims and shatters the hand that holds it. A curse
and loud imprecations come to his ears, and tell
him that the shot went true.

In the room across the passage between the two
houses slept the rest of the family, two daughters
and two grandchildren. The unmarried daugh-
ter, Alii fair, frightened and dazed, hears a knock
at the door and opens it. She is requested to
make a light. She replies that she has neither fire
nor matches. The command is repeated; again
she refuses to comply. Jim Vance, Sr., the grey-
haired outlaw, commands Ellison Mount to shoot
her. She prays for them to spare her, but their
hearts were strangers to pity. Mount fires point-
blank at her breast and she falls to the floor with
a cry.

The mother from her own room across the
passage hears the expiring scream of her child,
the dull thud upon the floor. Oh, the horror of
it! Surrounded on every hand by devils in hu-
man shape; the house on fire over their heads;
the husband and son fighting heroically, but only
prolonging the useless, inevitably useless struggle ;
in the other room lies the body of Allifair. She
hears the others screaming for help. Will she
dare to go to them ? Yes. A true mother's love

64 Kentucky's Famous Feuds and Tragedies

fears no dangers. Where men shrink back in
fear and terror a mother will rush into the jaws
of death to defend and save her offspring. She
opens the door wide and is greeted with bullets.
She cares nothing for their vicious hiss. She
goes on. Already she has crossed half the space
that separates her from her children, when she is
confronted by the wretch Vance. He orders her
to return to her room. Upon her refusal he
strikes blow upon blow with the butt of his gun
upon the head and body of the grey-haired wo-
man and frenzied mother. She falls badly in-
jured upon the floor. He kicks her into merciful
insensibility.

In the meantime, Calvin and his father had
maintained a spirited fire upon the assassins that
encircled the house. But the flames roar and feed
unchecked. The smoke prevents good aim. Cal-
vin is driven down-stairs by the heat and flames
and acrid smoke. He suggests to his father to
attempt a sortie. He remembers the corn-crib, a
heavy log structure. He would attempt to reach
it. Once there he might cover his father's retreat
thither. Once there, they might yet drive their
assailants off.

He opens the door and starts on his perilous
journey, running with the swiftness of the deer
to get beyond the betraying circle of light from

The Great Hatfield-McCoy Feud 65

the now fiercely burning homestead. He is seen
and instantly shot at. Unharmed by this volley,
he runs as he has never run before. The balls
whistle above him, around him, and plow the dirt
at his feet. Already he has covered more than
half the distance, now three-quarters of it. Yet
he is untouched. He is within three or four feet
of the little house he strives so manfully to reach.
At the threshold of the refuge he throws up his
hands, staggers, sinks to his knees, rises to his
feet again, then plunges heavily down upon the
frozen ground, dead.

After his son's fatal attempt to escape, old man
McCoy grasped a double-barreled shotgun, sprang
from the door, discharged both barrels with tell-
ing effect into the gathered clan, and before they
could realize what was happening their intended
victim had disappeared in the darkness beyond the
firelight, a darkness intensified by the glare of
the flames, making aim impossible. Not a shot
of the many vicious volleys that were fired after
him touched him. Providence had once more de-
creed to spare the old man. But at what cost!

Finding that the main object of their hatred
and vengeance had again been baffled, the assas-
sins withdrew, leaving behind them their work
of destruction, the burning home of Randolph
McCoy; the old mother groaning, unconscious

66 Kentucky's Famous Feuds and Tragedies

and dangerously wounded on the ground; the
daughter Alii fair lying in a pool of blood; the
son Calvin dead at the corn-crib; the remaining
children crazed with terror and sorrow.

The house was rapidly burning to the ground,
Before the murderers withdrew, they had care-
fully closed the doors and window-shutters with
the avowed purpose of cremating the entire fam-
ily yet in the house. The insensible mother they
had dragged back into one of the rooms, that she,
too, might perish by fire.

The sister of Alii fair, immediately upon the
withdrawal of the cowardly wretches, regained
her courage and self-possession. She placed the
body of her dead sister upon a feather bed and
dragged it from the house. She then returned
for her mother, whom she also rescued. The
little grandchild, a boy seven years old, also ex-
hibited heroism, for one so young, for when he
ran from the burning home, which then, in fact,
was momentarily threatening to fall in, he
thought of his little sister. The little hero braved
the fire, was swallowed up for a few minutes in
the smoke, but emerged triumphantly leading the
little cripple by the hand. Nor did the boy cry
once, it is said, during that night of horror. The
daughter ministered to the suffering mother as
best she could. Barefooted, in the cruel cold of

The Great Hatfield-McCoy Feud 67

a January night, she gave no thought to herself.
Her feet were badly frost-bitten. Not until day-
light came assistance.

The Hatfields had scored another victory.
True, the man whose death they craved beyond
all else, had escaped them, but they had broken
his spirit. They had murdered, sent to eternity
two more of his children and terribly injured,
almost killed, his aged wife.

The blood of the victims cried out to God.
This time not in vain, for retribution followed
swiftly on the heels of the murderers. From this
night on their star of success was on the wane.
One by one they were struck down ; one expiated
his crime upon the gallows; others found oppor-
tunity and time for reflection on their past deeds
within the narrow, gloomy cells of the State
prison.

The news of the dastardly, cowardly, savage
night attack spread like wildfire. Newspaper ac-
counts of the tragedy were everywhere received
at first with doubt and considered as the fig-
ments of imagination of sensation writers. East,
West, North and South newspapers began to
make inquiries. It seemed beyond the possibility
of belief that such horrors could occur in our day
of enlightenment, in a land which boasts of a
superior civilization and culture, and arrogates

68 Kentucky's Famous Feuds and Tragedies

to itself the proud distinction of the " first Chris-
tion nation in the world." As days passed, the
story was verified. Its truth might no longer
be doubted. Then followed a deluge of editorial
comments. The authorities of Kentucky and
West Virginia were mercilessly assailed for their
failure to cope with crimes of such magnitude.
Yet, even after this last horror, West Virginia
refused to join hands with Kentucky in deliver-
ing the criminals to justice. The murderous clan
continued unmolested and was free to commit
new crimes, invading Kentucky at will, defying
the entire legal and governmental machinery of
that State. They felt secure with the governor
of their own state apparently taking their part.

Then Frank Phillips started out to do, on his
own responsibility, what West Virginia should
have done. Kentucky had done all that could
possibly be done to settle and arrange matters
through the regular channels of law and consti-
tution. Nothing remained now but to act with-
out the consent and authority of West Virginia
and the redoubtable Frank Phillips, chafing at all
this delay like a restless mustang, decided to act.

When the news of the night attack and assas-
sinations of January ist were brought to him,
he threw all caution to the winds. He formed

The Great Hatfield-McCoy Feud 69

a band of trusty followers, men that, like him-
self, would do and dare.

"If the governor of West Virginia is deter-
mined to continue the protection of his murderous
pets, I will protect the citizens of Kentucky, or
die in the attempt ! " he declared. From that day
there was no longer rest, peace or safety for the
Hatfield clan of West Virginia.

Phillips had a system entirely his own. He
quickly demonstrated his superiority of cunning
and courage.

A few days were spent in equipping and or-
ganizing his band of raiders. Then swiftly they
crossed the border into West Virginia and com-
menced their dangerous operations. Always on
the move, they struck a rapid blow here and an-
other there, always dashing upon the enemy at
unexpected times and places. To describe those
raids in detail would fill a book and furnish
thrilling reading. But we shall select only a few
incidents to illustrate the daring and determina-
tion of Frank Phillips and his devoted band.

On January 8th, 1888, Phillips ascended* the
steep slopes of Thacker mountain. Suddenly
they came in sight of Cap Hatfield and the brutal,
but desperately courageous Jim Vance, Sr. Hat-
field at once saw the uselessness of engaging in
combat and precipitately fled across the mountain

70 Kentucky's Famous Feuds and Tragedies

on foot, escaping the bullets that were sent after
him. Cap continued on his retreat without one
thought for his pal. At " Hog Floyd " Hatfield's,
Cap stopped long enough to secure a mount.
From there he rode, at breakneck speed, without
bridle or saddle, to the camp of his followers.

Vance, thus abandoned and alone, stood his
ground. He opened fire upon the Kentuckians
without a moment's hesitation. The near pres-
ence of his enemies infuriated this grey-haired
man, grown old in bloody crimes, beyond meas-
ure. But one desire, paramount, possessed him,
the desire to kill, kill, kill, as long as life remained
in his aged body. To attempt escape never for a
moment entered his mind.

He dropped behind an old tree stump and with
vengeful eye drove shot after shot into the ranks
of the astonished raiders, who were forced to take
cover. Several of them had already been
wounded. Vance, behind his natural rampart,
remained unharmed. He laughed aloud, taunted
his assailants with cowardice, and continued fir-
ing. His mortal hatred of the men before him
inspired him to a heroism worthy of a better
cause. At last a flank movement deprived him of
the protection afforded him by the stump. His
body now became exposed to fire from three sides,
and a Winchester rifle bullet brought him to the

The Great Hatfield-McCoy Feud 71

ground. As he struggled to rise shot after shot
penetrated him. Full of lead, wounded unto
death, the blood streaming from his many
wounds, he yet attempted to use his pistols. Then
Phillips stepped forward and approached the dy-
ing desperado, the man who had given the heart-
less order to Ellison Mount to shoot the innocent
Alii fair, the heartless wretch that had pounded
savagely the aged Mrs. McCoy and had laughed
and tittered in the doing, the man who had in-
cited Cap to the burning of the McCoy home and
of all its inmates. Phillips raised the Winches-
ter to end the outlaw's life. But the man was
down. He could not do it. Vance saw his hesi-
tation. He slowly raised upon his left arm and
in his dying moments pressed hard upon the
trigger of his Colt's pistol. Warned by com-
panions, Phillips saw the motion and sent a ball
crashing through the outlaw's brain.

Immediately after Cap Hatfield's arrival at the
camp of " Devil Anse " the entire available force
was summoned and divided into detachments.
Plans were discussed and perfected by which
Phillips was to be enticed into an ambush and
annihilated. This force remained under arms for
many days.

About ten days after the raid of January 8th,
which had resulted in the killing of Vance, Phil-

72 Kentucky's Famous Feuds and Tragedies

lips suddenly appeared on Grapeville Creek, where
he encountered the Hatfields in force. A severe
battle immediately developed.

The Kentuckians outnumbered the West Vir-
ginia outlaws. The latter, however, were on foot
and had the advantage of position from the start.
From it they fired upon Phillips with telling ef-
fect, killing and wounding many horses with the
first volley. These, maddened with pain and
frightened by the sudden fire, reared and plunged
and threw the column into confusion. The keen
eyes of Frank Phillips cast about for a spot of
vantage and discovered a stone fence a few hun-
dred yards away, affording a strong position.
With his accustomed quickness of determining an
action, he prepared to seize it. The command
was given to dismount all those yet mounted.
Bending their heads to the bullets, they rushed
on and over and behind the stone wall. Only one
of their number had dropped in the essay. An-
other assisted him to his feet, and all reached the
wall in safety.

Now the tables were turned. Volley upon vol-
ley was fired into the ambushed Hatfields with
the result that after two hours and fifteen minutes
of long range fighting the outlaws retreated, tak-
ing along their many wounded, but leaving Wil-
liam Dempsey dead on the field.

The Great Hatfield-McCoy Feud 73

In this battle the Hatfields fought with the best
rifles that money could procure, heavy calibre
Colts and Winchester rifles. The Kentuckians
were armed less perfectly, about half of them
using rifles and shotguns of the old pattern.
Phillips and two others, only, fought with re-
peating rifles. It was due to this superiority in
armament that the Kentuckians suffered such
heavy losses in horses and wounded men.

Among the most severely injured was Bud
McCoy. Among the Hatfield wounded was Tom
Mitchell, shot in the side; "Indian" Hatfield,
wounded in the thigh; Lee White, shot three
times. Many minor casualties occurred.

The battle of Grape Vine Creek was the last
serious fight between the Hatfield outlaws and the
Kentucky officers, although sporadic killings oc-
curred at frequent intervals.

In the several forays made by Frank Phillips
and his party nine of the outlaws were captured
and landed in jail at Pikeville.

In the meantime the quarrel between the two
governors continued. The correspondence be-
tween them was exceedingly pithy and acrimo-
nious. We shall quote one or two letters from
Governor Buckner of Kentucky to Governor Wil-
son of West Virginia, which will fully explain

74 Kentucky's Famous Feuds and Tragedies

the attitudes taken by these two gentlemen in this
matter.

COMMONWEALTH OF KENTUCKY

EXECUTIVE DEPARTMENT

Frankfort, Ky., January 3Oth, 1888.
'His Excellency, E. W. Wilson,
Governor of West Virginia.

On the tenth day of September last, in the dis-
charge of what I conceived to be my duty as
Governor of this Commonwealth, I issued a
requisition upon your Excellency for the rendition
of Anderson Hatfield and others, charged by in-
dictment with wilful murder committed in Pike
County, Kentucky, on the gth day of August,
1882. On the 3Oth of September, 1887, said
requisition was returned to me with a letter from
.your Excellency, calling my attention to a law
of West Virginia, a copy of which you were kind
enough to enclose, and which you seemed to
think prevented a compliance on your part with
my demand, until it should be accompanied by
the affidavit indicated in the law above referred
to. Without then stopping to discuss the correct-
ness of your construction of the law in question,
or its validity, even conceding your construction
to be correct, the desired affidavit having been
obtained was attached to said requisition, which
was again enclosed to your Excellency on the
I3th of October, 1887.

Having thus complied with every condition
which your Excellency has indicated that should

The Great Hatfield-McCoy Feud 75

be necessary, I had every reason to suppose that
steps had been taken for the rendition of the
fugitives named, and I knew nothing to the con-
trary, until early in the present month, when I
was advised by the authorities of Pike County
that your Excellency had, for some cause, de-
clined up to that time, to issue your warrant for
the arrest and delivery of the parties referred
to, and that, in addition to the crime for which
they stood indicted, they had recently perpetrated
other crimes of the most atrocious character in
the same locality.

Accordingly, on the Qth inst., I wrote your
Excellency, advising you of the information
which I had received, and requesting to be ad-
vised whether there was then anything which
prevented the rendition of the criminals. In re-
sponse to this letter I received, only a few days
since, your letter of January 2ist (1888) in
which you did me the honor to state your reasons
for not complying with my request, and in which,
among other things, you say : " and although the
application for the requisition does not appear to
be made or supported by any official authority of
Pike County, etc."

I confess myself at a loss to understand how
your Excellency could possibly know anything
whatever about the character of the application
made to me for a requisition in this case. I did
not attach it to the requisition enclosed to your
Excellency, for the obvious reason that the law
governing the extradition of fugitives nowhere
requires it, or in any way intimates that it would

76 Kentucky's Famous Feuds and Tragedies

even be proper to do so. On the contrary, it
seems to contemplate, the papers being correct in
other respects, that the Executive making the de-
mand, must be the sole Judge of the circumstances
under which it would be proper for him to issue
his requisition. I, therefore, had no reason to
suppose that your Excellency would feel it your
duty to inquire into this point, especially as you
had in your first letter, returning the requisition,
given no such intimation.

But if your Excellency desires to be advised
as to that branch of the case, I certainly have no
objections to telling you that the application for
the requisition and rewards in this case was made
by the County Judge of Pike County, indorsed
by the Judge of the District Court, and urged by
the Commonwealth's Attorney of the district,
who was personally present when the application
was presented.

In referring to Elias Hatfield and Andrew
Varney, your Excellency is pleased to say : " The
many affidavits of reliable persons showing that
these two men were miles away at the time of
the killing of the McCoys induced me to with-
hold, for the present, the warrant as to them,
believing that when your Excellency was made
acquainted with the facts their rendition would
not be demanded." The indictment accompany-
ing the requisition charges that these two men
were present and aided in the killing; this being
so, I respectfully submit that the guilt or inno-
cence of these men is a question which it is not
the province of your Excellency or myself to de-

The Great Hatfield-McCoy Feud 77

tide, but one which the court, having jurisdiction
of the case can alone rightfully determine. And
if, as you seem to suppose, the innocence of these
two men can be so easily established, it would
seem strange that they have not long before this
voluntarily appeared in the court where they stand
accused, and which is so convenient to their
homes, and in which they might, if such be the
case, be triumphantly vindicated against this grave
charge.

From my knowledge of the enlightened and
upright Judge of the court in which they stand
charged, I feel assured that they would be
awarded a speedy and fair trial; but if they think
otherwise, and have fears, either as to the im-
partiality of the Judge, or as to the prejudice of
the community in whose midst they are to be
tried, they can, under our laws, not only swear
off the Judge, but can, on proper showing, easily
obtain a change of venue to another county in
which no prejudice whatever exists. Under these
circumstances, your Excellency can readily see
that they would, in any event, have no difficulty
whatever in obtaining a fair and impartial trial.

Before receiving your letter I had been fully
apprised of the efforts on the part of P. A. Kline
to secure a withdrawal of the requisition and re-
wards in this case; in fact, the cool proposition
made to me by the indicted parties through their
attorney, to the effect that they would obligate
themselves not to come again into Kentucky,
provided I would withdraw the requisitions and
rewards named, was endorsed by Mr. Kline, who

78 Kentucky's Famous Feuds and Tragedies

had previously shown an active interest in their
apprehension. But this proposition, I, of course,
declined to entertain, much less to agree to; and
even admitting the truth of the affidavit enclosed
by your Excellency, which charges in terms that
the friends of the indicted parties succeeded in
bribing Kline, their former enemy, to urge the
acceptance of their proposition, I cannot see why
this should cause your Excellency to hesitate
about issuing your warrant for the rendition of
these parties to the proper authorities, upon whose
application the requisition was issued, and whose
conduct is not even questioned. Indeed, it seems
to me that the questionable means which the
friends of the indicted parties have been employ-
ing to secure a withdrawal of the requisition and
rewards of this case ought, of itself, to induce
your Excellency to regard with suspicion the
efforts which they seem to be making to prevent
the issuing of your warrant for their apprehen-
sion and delivery.

My information as to the history of these
troubles, briefly stated, are as follows: On the
9th day of August, 1882, Anderson Hatfield and
twenty-two other desperate characters of Logan
County, West Virginia, residing near the State
line, crossed the river into Pike County, Ken-
tucky, arrested three sons of Randolph McCoy,
and having tied them to trees, deliberately shot
them to death. It was for this cruel and inhuman
murder that the parties named in my requisition
were indicted in the Pike Circuit Court, three
separate indictments having been found against

The Great Hatfield-McCoy Feud 79

the parties named for the murder of the three
McCoy brothers, respectively; though it is pos-
sible that only one of these indictments was at-
tached to the requisition issued upon your Excel-
lency on the loth day of September last.

So far from " no move having been made in
this matter for more than five years after the
finding of the indictments," as stated by your
Excellency, the fact is, that bench warrants have
been all the while in the hands of the officers of
Pike County, in the hope that these parties, who
lived near the State line, and were frequently
seen in Kentucky, could be arrested by the author-
ities of the State without the necessity of apply-
ing for a requisition upon the Governor of West
Virginia; and my predecessor at one time of-
fered a reward for those who were supposed to
be most responsible for the murder. But the
indicted parties, knowing the efforts which were
being made for their arrest, though frequently
seen in Kentucky, always came in crowds, well
armed, so that it was impossible to arrest them
before they could return to the West Virginia
side of the river. They have, on several occa-
sions, while in Kentucky, unmercifully whipped
defenseless women and inoffensive men, whose
only provocation was some alleged remark in
disapproval of their lawless conduct.

The names of the various persons, who, at
different times, have been thus brutally assailed,
and the circumstances connected therewith, have
been furnished me, but it is not deemed neces-
sary here to mention them in detail.

8o Kentucky's Famous Feuds and Tragedies!

Finally, on the loth day of September last,
upon the application of the local authorities, as
heretofore indicated, I issued my requisition for
all the persons named in the indictment for the
murder of the McCoy brothers, and offered suit-
able rewards for four of the number, represented
as being the leaders of the party and most re-
sponsible for their conduct.

Thus matters stood until the latter part of
December (1887), when Frank Phillips, named
as agent in the requisition for these parties, hav-
ing sent the required fee, and being unable to
hear anything from your Excellency, went into
West Virginia in company with two others, and
without any disturbance or conflict of any kind,
succeeded in capturing Tom Chambers, Selkirk
McCoy and Moses Christian, three of the per-
sons named in the indictment for the murder of
the McCoy brothers, who were brought to Ken-
tucky and lodged in the jail of Pike County.
This so incensed the Hatfield party that on the
night of January ist (1888) a company of
twelve men, headed by Cap Hatfield and James
Vance, Sr., came from West Virginia into Pike
County (Kentucky) and having surrounded the
house of Randolph McCoy, the father of the
three McCoy brothers, who had been murdered
in 1882, commanded him to surrender, saying
they were the Hatfield crowd. They then forced
their way into a room where the daughters were
sleeping, shot one of them through the heart, and
set fire to the house. The old man and his son,
Calvin, seeing that they intended to kill them.

The Great Hatfield-McCoy Feud 81

made the best defense they could, but the flames
soon drove them from the house.

The son, in his efforts to escape, was riddled
with bullets, and the old man, who ran in an op-
posite direction, was fired upon by several of the
party, but escaped unhurt. His wife, had, in
the meantime, come out of the house and begged
for mercy, but was struck on the head and side
with a gun, breaking her ribs and knocking her
senseless to the ground, after which she was
thrown back into the house to be burnt, but was
dragged out by her daughters as they left the
burning building. Some days thereafter, twenty-
six men armed themselves and went into West
Virginia in pursuit of the perpetrators of this
atrocious crime, and on reaching the house of
Anderson Hatfield, so far from abusing or mis-
treating his wife, as has been represented to
your Excellency, they treated her kindly, and
at her request left some of their party there with
her to quiet her fears ; but after leaving there in
search of the men, they were fired upon by
James Vance, Sr., Cap Hatfield and others, and
in the fight which followed, James Vance, Sr.,
was killed, having on his person when killed two
pistols and a repeating rifle. Old Randolph
McCoy was not with this raiding party, as has
been represented to your Excellency, but was at
that time in Pikeville, Kentucky, as the citizens
of that place will all testify.

The pursuing party then returned to Kentucky,
and being reinforced by ten additional men, went
the next day and succeeded, without the firing

82 Kentucky's Famous Feuds and Tragedies

of a gun, in capturing six more of the men in-
dicted for the murder of the McCoy brothers, in
1882, bringing them back to Kentucky, where
they were lodged in the jail of Pike County.

Eight or ten days thereafter, Frank Phillips
and eighteen others went again into West Vir-
ginia in pursuit of the remaining parties, belong-
ing to what is known as the Hatfield crowd, and
only a short distance from the State line were
met by Cap Hatfield, Anderson Hatfield and ten
armed men, who fired upon Phillips and his
posse from ambush before they were aware of
their presence. Phillips and his party returned
the fire, killing Dempsey and putting others to
flight. Phillips and his party then returned to
the Kentucky side, but went back on the follow-
ing day, and as to what has since occurred I have
no information.

The foregoing account, which differs so widely
from that received by you, was obtained from
the County Attorney of Pike County, who claims
to have taken great pains to ascertain the real
facts, and who seems to have no doubt about
its correctness; but I, of course, understand how
difficult it is to arrive at exact facts in an affair
of this kind from the statements which he may
have heard from the parties on either side. I
regret exceedingly that any portion of the citizens
of Pike County should have attempted, under
any circumstances, to arrest citizens of West Vir-
ginia for crimes committed in the State without
first obtaining the requisite authority therefor.
I am satisfied that Frank Phillips, the agent ap-

The Great Hatfield-McCoy Feud 83

pointed by me to receive the fugitives named in
my requisition, is not the murderous outlaw your
Excellency seems to suppose; but as he has un-
dertaken to arrest some of the parties in West
Virginia, without your warrant, and is, there-
fore, objectionable to you, I will, when your
Excellency indicates your readiness to surrender
the persons demanded, take pleasure in designat-
ing another agent for that purpose.

Your obedient servant,

S. B. BUCKNER.

Governor Wilson still refused to honor Ken-
tucky's requisition for the indicted outlaws, as-
serting that the requisition of Governor Buckner
had been and was being abused and prostituted
for base purposes; that a warrant issued by the
Governor of West Virginia would be used for
the same purpose. He would withhold the war-
rants for more positive proof, maintaining that
a warrant issued by him before the return to the
State of West Virginia of the persons kidnapped
in his State and thrown into prison in Kentucky,
would be construed as a ratification of acts of
lawlessness on the part of Kentucky officers,
which neither the peace nor the safety of his
people could permit or approve of. " Instead of
the Phillips raid into the territory of a sister State
being allowed to stand as examples for the in-
vitation of like occurrences, I am impressed with

84 Kentucky's Famous Feuds and Tragedief

the belief that they should be made examples o'f
judicial determination, which would discourage
their repetition either to or from this State."
Governor Wilson further announced that he had
instituted proceedings in the United States Circuit
Court for the District of Kentucky for a settle-
ment of the questions involved.

Comment on this attitude of West Virginia's
chief executive is unnecessary. Yet we feel that
a few paragraphs of Governor Buckner's re-
sponse are in place.

" Your Excellency/' answered Governor Buck-
ner (in part), "seems to have forgotten that,
long before any of the Phillips raids referred to
had occurred, a band of armed men from West
Virginia came into Pike County, Kentucky, vio-
lently seized three citizens of the State who were
at the time in custody of the local authorities of
that county, forcibly took them to West Vir-
ginia, and after detaining them there for some
time, brought them back to this State and de-
liberately shot them to death; that, as early as
the tenth of September last, I demanded the ren-
dition of the persons who then stood indicted in
the courts of this State for the perpetration of
this atrocious crime; and that it was not until
after your Excellency had refused to surrender
any of the persons so demanded, and until after
said persons, or a portion of them, had committed
other crimes of the most cruel and revolting char-

The Great Hatfield-McCoy Feud 85

acter, upon unoffending men and helpless women
in this State, that Frank Phillips and other citi-
zens of Pike County, were guilty of the acts of
violence and bloodshed complained of.

" If Frank Phillips and other citizens of this
State have been guilty of crimes against the laws
of West Virginia, however great their provoca-
tion, I quite agree with your Excellency that
' they should be made examples of judicial de-
termination ' and up to this time there has cer-
tainly been no refusal, upon a proper demand,
to surrender them to the authorities of West Vir-
ginia for that purpose. On the other hand,
however, your Excellency has, for months past,
steadily failed and refused to surrender any of
the persons who stand charged, by indictment,
with the perpetration of the most atrocious crimes
against the laws of this Commonwealth, although
the demand for them is accompanied by every
requirement which your Excellency has indicated
that you thought necessary. And you now in-
dicate that you will not in the future surrender
any of the persons thus demanded until certain
citizens of West Virginia, who you think, are
illegally detained in this State, shall be released
from custody and set at liberty.

"With all due respect I fail to see that the
' honor ' of your State will be maintained, or
that the ' peace and safety of its people ' will
be preserved, by a refusal on your part to sur-
render persons charged with the most flagitious
crimes against the laws of this State, simply be-
cause certain citizens of this State, acting on their

86 Kentucky's Famous Feuds and Tragedies

own motion, and without the knowledge or ap-
proval of the authorities of this State, have, in
a violent and unauthorized way, done that which
it was the duty of your Excellency to have done
in the manner required by law ; or because I have
not felt authorized to interfere with the admin-
istration of justice by one of the coordinate
branches of State Government, by attempting to
release prisoners over1 whom I had no control
whatever. On the contrary, I respectfully sub-
mit that the honor of both States can be better
maintained, and the peace and safety of their
respective citizens can be better preserved, by
a prompt rendition of the persons charged with
the perpetration of crime in either State, in all
cases where such rendition is demanded in the
manner prescribed by law " etc.,

For complete correspondence and ex-
hibits filed therewith, see Documents
(Ky.) 1888, No. i.

Immediately upon the institution of proceed-
ings in the United States Circuit Court for the
District of Kentucky, the prisoners captured by
Phillips and his men were removed to the Louis-
ville jail pending trial. A great legal battle fol-
lowed. Kentucky was ably represented by Gen-
eral P. Watt Hardin and former Governor Proc-
tor Knott. The best counsel of West Virginia
represented the interests of that State.

Phillips was charged with kidnapping citizens

The Great Hatfield-McCoy Feud 87,

of another State and was taken in charge by the
United States marshal. Phillips, on the stand,
assumed personal responsibility for all his acts,
and exonerated Governor Buckner from any con-r
nivance therewith.

The case was argued at length for days. Judge
Barr, who presided, decided, in an exhaustive
opinion, that the Court had not jurisdiction. The
prisoners were therefore returned to the Pike
Circuit Court to be tried there for their crimes.

As a matter of retaliation Phillips was indicted
in West Virginia with kidnapping citizens of that
State without warrant or authority of law. After
a long continued legal battle the redoubtable
raider, the captor of as dangerous and desperate
a lot of men as ever trod American soil, won his
fight in the courts as he had won the many battles
with the outlaws.

For years afterwards Phillips traveled in West
Virginia wherever he desired. Although the Hat-
fields did their " trading " at Matewan, W. Va.,
he visited that town frequently and alone, though
always well armed. None ever molested him.
It is significant, however, that the Hatfields and
Phillips were never seen in that town on the same
day.

For some time no further arrests were made
or attempted to be made with the result that those

88 Kentucky's Famous Feuds and Tragedies

of the Hatfield clan who had never been arrested,
again issued forth from their hiding-places and
appeared more boldly. Kentucky officers had
long and patiently waited for an opportunity to
apprehend Bill Tom Hatfield, for whom there
was a large reward. Learning that his partners
in crime, Devil Anse and Cap Hatfield, remained
at home unmolested, he, too, had returned to
the scene of his evil deeds. The officers kept a
sharp eye upon him, however, and succeeded in
decoying him near the Kentucky line, the scheme
being accomplished through a pretended friend
of Bill Tom Hatfield. When he reached the spot
designated, he was surrounded and disarmed.
The officers attempted to cross into Kentucky.
But before they could do so, the news of the cap-
ture had spread into the Hatfield neighborhood.
A strong force rushed to the rescue of the pris-
oner. Sheriff Keadle of Mingo County, W. Va.,
being near, summoned a posse and started in pur-
suit. He prevented a bloody encounter by pre-
vailing upon the Kentuckians to release their pris-
oner. The Hatfields, of course, accused the Mc-
Coys of being at the bottom of this affair, which
the latter stoutly denied.

Bill Tom Hatfield was, however, later in the
year, again taken and finally convicted for his

The Great Hatfield-McCoy Feud 89

participation in the murder of the three McCoy
brothers.

After the return of the prisoners from Louis-
ville to Pike County a number of the parties were
put on trial. Ellison Mounts was sentenced to
hang for participation in the murder of Alii fair
McCoy during that infamous night attack, while
Johns Hatfield, Valentine (Val) Hatfield, the
" Justice of the Peace of West Virginia," Plyant
Mayhorn, and others, were convicted to the State
penitentiary at Frankfort, Kentucky, for life.

Val Hatfield set up the remarkable defense that
the brothers were killed on the Kentucky side,
and that at the time of the shooting he was on
the West Virginia side. This was the gist of his
appeal to the Court of Appeals of Kentucky.
This Court, however, in a very pithy opinion,
among other things said, confirming the judg-
ment of the lower court : —

It is not pretended here that the State could
enforce its laws beyond the State boundary, but
it is well settled that if either of the appellants
had stood on the West Virginia side and shot
the deceased in Kentucky, the offense would have
been against the laws of Kentucky, (i Bishop
on Criminal Law, in.) Regarding the appel-
lants Mayhorn the Court expressed itself in em-
phatic language, when it said:

90 Kentucky's Famous Feuds and Tragedies

" The law has been enforced in this case, and
in its administration the appellants (defendants
in the lower court) can truly say to the jury
that in inflicting punishment by imprisonment for
life ' it has tempered justice with mercy/ '

The Kentucky Appellate Court affirmed each
and every one of the cases appealed.

Ellison Mounts, sentenced to die on the gal-
lows for shooting and killing Alii fair McCoy, ap-
pealed on the ground that he pleaded guilty to
the charge, and having done so he was entitled to
a sentence of confinement in the State prison in-
stead of hanging. It was claimed for him that
the State, in introducing the wife of Randolph
McCoy, so brutally beaten that night of January
ist, 1888, had taken unfair (?) advantage of his
condition and that, therefore, the case should be
reversed. As in the other cases, the Court of
Appeals refused to disturb the judgment of the
lower court, maintaining that all the authorities
agreed that unless a tacit agreement between the
State and defendant had been entered into to
reduce the punishment, the State had a right
even under the plea of guilty to introduce testi-
mony illustrating the atrocity of the crime.

On February iQth, 1890, Ellison Mounts was
hanged. For some time previous to the day of
execution the sheriff had on duty a guard of from

The Great Hatfield-McCoy Feud 91

fifty to seventy-five men, armed to the teeth, and
in addition had appointed and sworn an additional
force of some twenty deputy sheriffs for the
special occasion. Repeated reports had come to
Sheriff Mayward that the Hatfields of West Vir-
ginia would attempt a rescue. In view of what
had transpired in the past, the precaution of the
Kentucky sheriff was entirely warranted.

On the day of the execution the largest crowd
ever brought together in Kentucky on a similar
occasion assembled at the little country town of
Pikeville, careful and conservative estimates
judging the number to have been nearly eight
thousand. They came from all directions, on
horseback, on foot, in wagons drawn by oxen.
They came long before daybreak and from that
time on until the time of the execution, after
noon, the stream of visitors poured into the town.
Little children even were brought along by
mothers who had come to see the hanging with an
eagerness with which they would have attended
a circus. Is it not strange how morbidly curious
most of us are? How we jostle each other so as
not to lose a glimpse of misery or death? Not
strange, after all — the savage of the stone age
is not yet eradicated from our natures.

While the crowd collected, an incident marred
the generally peaceable behavior of the mass

92 Kentucky's Famous Feuds and Tragedies

of people. Frank Phillips was " in his cups."
With a revolver in each hand he talked the
streets of the town, announcing that he had run
the Hatfields down and that now he proposed to
run the town of Pikeville. Sheriff Mayward re-
monstrated with Phillips, who showed fight A
number of deputy sheriffs soon disarmed him
and the trouble passed without serious casualty.
In the scuffle the sheriff had been severely injured.
As soon as he recovered from the shock he called
the guards and from that time on matters pro-
gressed without any other interruption.

At that time executions were public, not be-
hind walls or enclosures as now. A mile and
a half from the town, in a natural amphitheatre,
the old-fashioned gallows had been erected. The
hills overlooking the scene were black with people.
A few minutes past twelve the sheriff repaired
to the jail and read the death warrant. Keen-
eyed guards scanned the people around to detect
any possible attempt at rescue. None was made.
The condemned criminal listened to the reading
of the warrant with the same stoicism that had
marked the commission of his crimes. He
claimed conversion, and hoped that " all men and
women would lead good lives and to meet him
in heaven, where he was going."

A short time after one o'clock his lifeless form

The Great Hatfield-McCoy Feud 93

dangled from the gallows-beam. Ellison Mount
had ceased to be a dread to humanity. Ignorant
as the savage of interior Africa, he had no con-
ception of the magnitude of his crimes. A crim-
inal by nature, he was easily influenced to obey
the command of those who used him as a tool.
Shedding human blood was a pastime with him.
However, according to orthodox teaching, he
consorts now with the saints. A life of crime
seems to have some compensation, after all.

Many of the criminals being still at large,
wanted in Kentucky or elsewhere, the Eureka
detectives now took a hand. Among these were
A. W. Burnett, W. G. Baldwin, Kentucky Bill,
Tom Campbell and Treve Gibson. To the credit
of these brave men be it said that they appre-
hended many of these outlaws to answer for
crimes other than those recited in connection with
this feud. They effected the capture of John
Norman, Joe Frank Smith and John B. Dodson,
all of whom were put on trial before Judge T. H.
Harvey in Logan County, West Virginia. Johns
and Cap Hatfield went West for a time, and,
though hounded from place to place, Cap was
never caught. Johns Hatfield afterward served
a short term in the State penitentiary at Frank-
fort for participation in the night attack on the

94 Kentucky's Famous Feuds and Tragedies

McCoy home and murder of Alii fair and Calvin
McCoy. Life's cheap, isn't it?

The feud was at an end. Some ye ,rs later,
however, in 1896, Cap Hatfield, still at large, re-
siding unmolested in West Virginia, committed a
triple murder under circumstances quite in keep-
ing with his former record of bloodshed. While
this killing is only indirectly connected with the
feudal troubles, an account of it and the attempted
capture serves, however, to illustrate the daring
and recklessness of this outlaw.

On November 3rd, 1896, it being the day of
the Presidential election, Cap Hatfield and his
stepson, Joseph Glenn, whom he affectionately
called " his boy," went to the voting place at
iThacker. West Virginia.

Both were heavily armed with Winchester rifles
of large calibre and braces of Colt pistols. They
had been at the polls but a short time when they
fregan a dispute with John and Elliott Ruther-
ford, two natives of that county, and who, ac-
cording to Hatfield's story, had been members of
the McCoy clan, and had fought with them in
various battles against him and his relatives.

Cap Hatfield's menacing threats and flashing
eyes boded evil. The Rutherfords, knowing well
the desperation of the man in anger, attempted
to leave the polls, when Cap Hatfield threw the

The Great Hatfield-McCoy Feud 95

gun to his shoulder and instantly killed John
Rutherford. The " boy " fired upon Ellison
Rutherford, who dropped to the ground, gasped
and expired. Hence Chambers, a prominent citi-
zen, rushed forward just as the lad fired. The
boy, presuming Chambers to be a friend of the
Ruther fords, turned upon him, fired, and the
triple murder was complete.

The murderers retreated very deliberately to-
ward the mountains. Indeed, there was no ne-
cessity for hurry. Every man upon the voting
ground appeared dazed, dumbfounded, paralyzed
with astonishment and fear. The tragedy had
started and finished so suddenly and unexpectedly
that it was impossible to realize in a moment the
magnitude of the crime. Even after the men
regained their power of speech and action, pur-
suit was not thought of. No one dared attempt
the arrest of the fugitives, knowing that it would
result in more bloodshed, and there had been
enough for one day.

But on the following morning, over one hun-
dred armed and determined men answered the
summons of Sheriff Keadle, and started on their
perilous task to arrest the outlaws. This force
was augmented by another, which, on the night
following the tragedy, kept a close watch over
the " Rock Fort," a retreat in mountain wilds,

96 Kentucky's Famous Feuds and Tragedies

much in favor with the Hatfields when pursued
by officers.

During the night Deputy Sheriff Clark and
one Daniel Christian were informed by a spy
that the fugitives had stolen away from the fort
and were going in the direction of Kentucky.
Clark at once followed the trail indicated and
located the two near the house of one of the Hat-
fields where they had gone for food.

Clark and Christian, in following the trail, on
passing a large rock or cliff on the hillside, came
upon the two men, who were fast asleep. Cau-
tiously approaching, the officers recognized the
murderers. The hazardous pursuit was at an
end, and the capture effected without the shed-
ding of blood.

The excitement attending the arrest of the
criminals was great throughout the county. Offi-
cers feared mob violence. To avoid it the pris-
oners were taken to Huntington, but were re-
turned within a few days to Mingo County and
lodged in jail, which was heavily guarded.

Cap Hatfield's version of the tragedy is in-
teresting and characteristic of the man. It was
a total contradiction of the statements made by
all the eye-witnesses.

Cap Hatfield said : " I believe it to have been
a prearranged attempt to take my life. Ruther-

The Great Hatfield-McCoy Feud 97

ford was jealous of me years ago. Some two
years ago he said I had done him an injury and
demanded an apology. I told him I had not
wronged him, but if he thought I had, I regretted
it. He seemed to accept this explanation and I
thought the matter ended. On the day of the
killing he was quarrelsome and I avoided him,
telling him that I had enough trouble in my time
and wanted no more. Late in the evening Joe
and I started for home. Rutherford renewed his
quarrel and suddenly drew his revolver and began
firing at me. I threw my gun up to get it in
position and the first ball from his revolver hit
here" (showing a heavy indentation on the
underside of the heavy steel gun barrel). " The
gun prevented the ball from entering my breast.
He fired twice more before I could get my gun
in position, then I fired my gun twice and drew
my revolver. At the third shot he fell, and some
one, Ellison Rutherford, I think, was firing on
me from behind, and getting very close to me, as
you can see " (exhibiting a nick in his left ear
and a grazed place or scratch in the neck).
Chambers was shot by accident, I suppose. When
I reached the railroad they were so hot after me
I reloaded my revolver. Young Rutherford was
shot purely in self-defense, either by me or the

98 Kentucky's Famous Feuds and Tragedies

boy, I don't know which. We made for the
woods."

"Yes/' he said, in answer to a question,
" Clark and Christian got the drop on us. I was
doing picket duty and sleep overcame me. The
boy would have shot Clark had I not stopped
him."

An organized band of the Hatfields attempted
a rescue of the prisoners, but the celerity with
which the officers acted, frustrated the attempt.
Devil Anse Hatfield and others were arrested for
this, taken to Logan County and placed in jail
there, but were soon afterwards released.

Deprived of a leader, the famous clan dis-
persed and the country breathed freely once more.
Although a reward had been hanging over Cap
Hatfield for many years without effecting his
arrest, the tragedy of November 3rd, at last
brought him behind prison bars. But the good
fortune, which always attended this man, did not
leave him even in this dire extremity. He was
tried on one of the cases, fined and sentenced to
imprisonment in the county jail for one year.
Two other indictments, both for murder, were
still pending in court. He was to be tried on
these the following term.

In the little county jail at Williamson, West
Virginia, Cap Hatfield now posed as a hero, re-

The Great Hatfield-McCoy Feud 99

ceiving his wife, friends and relatives daily. One
evening he held a " levee " and was the gayest
of the gay. His gayety was explained when, on
the following morning, the jailer made the dis-
covery that the man who carried eighteen scalps
at his belt, was a prisoner no longer. At mid-
night the crowd of visitors at the jail had gone.
At three o'clock in the morning Hatfield was in
the mountains. A hatchet, given him by some
of the visitors, did the work of liberation. A
large hole through a sixteen-inch brick wall
caught the attention of the village policeman, who
gave the alarm.

A crowd of men soon collected and started in
search of the fugitive. It seems that Cap Hat-
field, though getting off easy in one of his cases,
was afraid to stand trial on the others, fearing
a death sentence. But a few days before his es-
cape he had remarked that he preferred death
at the mouth of Winchesters to being made a
show subject on the scaffold.

By noon of the following day the whole coun-
try was in motion. Like the gathering of the
clans of old the sturdy citizens poured into the
county seat and offered their services to bring
back into the hands of justice the man who had
for so many years defied the laws of two States.
The county offered rewards, private citizens con-

ioo Kentucky's Famous Feuds and Tragedies

tributed to defray the expenses of the posse.
Governor Atkinson of West Virginia promised
aid; the State of Kentucky, through Governor
Bradley, tendered assistance, and Virginia's ex-
ecutive declared that the outlaw should find no
asylum in that State.

The banks of the Ohio river were lined with
armed men for many miles to prevent his escape
into that State. It was generally believed that
he would be apprehended within a day or two.
But days passed and yet the outlaw had eluded his
pursuers. He was no longer alone now. To his
aid came his relatives, Johns, Elias and Troy
Hatfield, Clark Smith, Henry Harmon and
others, each heavily armed, and amply supplied
with ammunition. Familiar with every nook and
corner of that part of West Virginia, he was
secretly assisted by other friends and henchmen,
bound to him by ties of relationship or forced to
render assistance through fear of incurring his
enmity.

This condition aroused the entire State of West
Virginia. On Wednesday the sheriff, with a con-
siderable force of " militia," composed of men
to be depended upon, again took to the mountains.
Within three hours of their departure old Ran-
dolph McCoy came into Williamson, West Vir-
ginia. He was clad in the homespun of the

The Great Hatfield-McCoy Feud 101

country. His large-brimmed hat was adorned
with a squirrel's tail. Carrying an old-fashioned,
muzzle-loading rifle, he looked worthy of the
comradeship of Daniel Boone or Kit Carson.
Years before that, three of his sons had been
foully murdered while being tied to bushes ; some
years afterwards another son and a daughter were
shot down in cold blood, his wife brutally beaten,
his home reduced to ashes, himself escaping
only by a miracle, and now the old man is on
the trail of one of the participants, if not the
actual instigator of these outrages. He had come,
said McCoy, to aid in the capture of " six feet
of devil, and 180 pounds of hell," as he always
described Cap Hatfield.

Seven miles below Williamson, McCoy over-
took Sheriff Keadle, and united with him.
Stretching over as much country as possible, the
force scattered and advanced in skirmish lines.
Nothing was seen of the fugitive on that day.
At night camp was made on lower Beech Creek.
The posse was now in the very heart of the Hat-
field country, on Cap Hatfield' s native heath.

Some years before in this locality Charles Mc-
Kenney, a cousin of the McCoys, a lad of only
eighteen, had been riddled with buckshot by Cap
Hatfield and two others.

During the night, after the moon had risen,

IO2 Kentucky's Famous Feuds and Tragedies

guards reported a column of smoke further up
on the creek. This was not unexpected. The
stronghold of the Hatfields was on a decided ele-
vation some four miles away. The smoke sug-
gested that they were there. The rumor served
to keep the camp awake until daylight, when the
march was resumed, the posse heading direct for
the old palisade. The advance was made with
caution. When within a quarter of a mile from
the " fort," the first glimpse of the outlaw was
had. His oft repeated boast that if once he
gained the mountains, he would turn his back on
no man, proved idle talk. He and his comrades
rapidly retreated toward another mountain
stronghold. When the log cabin was reached it
was empty. No time was lost here. The men,
elated at being so close upon the outlaws' trail,
marched with spirit and rapidity. The direction
these had taken indicated that they were strain-
ing every nerve to reach the mountain crag known
as the " Devil's Backbone." It is said that from
this point, some years previous, Devil Anse Hat-
field had fought single-handed a considerable
force of men. It was then that the summit was
christened and received its weird name, and where
old man Hatfield won his " nom de guerre "of
" Devil Anse."

The mountains in this section are very steep

The Great Hatfield-McCoy Feud 103

to the southeast; Beech Creek cuts and winds
through the hills until it empties into the Tug
Fork. Huge walls of rock fringe the stream on
each side. The strata is tilted until it stands on
edge, a remarkable, interesting geological forma-
tion. Approach is impossible except from one di-
rection. A slender footpath at that point clambers
laboriously upward. At no place is there room
for two men abreast. Two sharpshooters on top
might successfully defend the place against a
regiment. It was this stronghold that Cap Hat-
field and his companions were so anxious to gain.
He finally reached the foot of it, but at a loss.
Old man McCoy was among the first of the at-
tacking party, forging ahead with grim deter-
mination. Intuitively he seemed to know his old
enemy's destination. McCoy and six or seven
men at last separated from the main body of the
sheriff's force and followed a cattle path. Sheriff '
Keadle pursued the other trail. It was along in
the afternoon that the quiet of the forest hills
was suddenly broken by a shot. Before another
was heard, the armed posse was in a clearing
which commanded a view for a mile or more to-
ward the " Devil's Backbone." Nothing, how-
ever, could be seen except that the summit of the
citadel was yet unoccupied. Then a white puff
of smoke, followed instantly by a rapid fusilade,

104 Kentucky's Famous Feuds and Tragedies

told that the battle had begun. McCoy and his
party had intercepted the Hatfields. At that dis-
tance it was impossible to see the actors in the
drama then being acted. Shot followed shot.
Both parties were in ambush. Ever and anon
old Randolph McCoy's rifle could be heard. Then
there came a lull. By the aid of his field-glasses
the sheriff saw that Hatfield was flanking McCoy.
It was plain that the old man must either retreat
or perish. But the old fox had not lost his cun-
ning. He quickly saw the danger and effected a
safe retreat, while the Hatfields stopped at the
foot of the coveted fortress. It was seen that
two of the Hatfield crowd were wounded.

The sheriff and his posse now pressed forward
with speed. Within a few minutes they joined
McCoy. It was almost dark, now, when the
forces were once more united, and approached
within range of the Hatfield guns. Bullets
whistled and cut the twigs of limbs over the heads
of the pursuers. The sheriff commanded his men
to seek cover. Instantly every man " treed."
Then began a fight after the fashion of Indian
battles of old. The moment a body was exposed
from a protecting tree, it was certain to become
a target for many guns. Gradually, carefully,
nevertheless surely the posse forged ahead, al-
ways under cover, yet advancing, concentrating

The Great Hatfield-McCoy Feud 105

and getting closer. Escape for the Hatfields
seemed now impossible, unless they could put
into effect one of their wonderful dashes which
in the past had extricated them out of many dan-
gers and difficulties. Cap Hatfield directed the
fire of his men with utter disregard for their own
safety. He seemed to bear a charmed life. The
target of every sharpshooter in the sheriff's posse,
not once did a bullet touch him. The Hatfield
rifles did better execution. The posse, which had
left Williamson the previous morning with flying
colors and full of hope, was now decimated.
Two of the deputies were fatally wounded and
seven members of the posse more or less severely.

As night drew near the battle ceased. The
posse camped. A council of war was held. Some
were for pressing on in the night. Others, with
cooler judgment, suggested that it was safer to
starve the outlaws into submission. The latter
opinion prevailed.

Early on the following morning (Friday),
there was a short but hot skirmish during which
another of the posse was wounded. At noon the
sheriff was reinforced by a force led by J. H.
Baldwin. This man had, for some time, led the
Hatfields a hard life. Ever on their trail, he
either captured them or drove them from the
country. Cap and his band were those who had

io6 Kentucky's Famous Feuds and Tragedies

given him the most trouble and had constantly
eluded him, thus far. Now he had another op-
portunity to try conclusions with them. Baldwin
was a splendidly courageous man, and a crack
shot with the rifle. He at once took the lead.
" When I was a boy/' he said, " I smoked many
a rabbit out of a hollow tree." With this remark
he despatched two men to Williamson for a
supply of dynamite. The besiegers sat down to
wait.

Late on Friday evening Baldwin " winged "
one of the Hatfields. The man had attempted to
reach water.

At nine o'clock Saturday morning, the dyna-
mite arrived and preparations were made to place
the mine. By eleven o'clock the work was com-
plete, the match applied and the command given
to retire.

Until now the besieged had apparently been in
utter ignorance of what was being done. But the
flashing of the train of powder leading to the
dynamite, brought them to a full realization of
their peril. Men sprang from cover and rushed
hither and thither in full view. Cap Hatfield was
seen to start for the path, heedless of the bullets
that spitefully hissed about his ears. Then they
made a sudden rush down the mountain. In this
" sortie " three men went down. This convinced

The Great Hatfield-McCoy Feud 107

the rest of the uselessness of an attempt to escape
by the path thus guarded. The trapped des-
peradoes returned to the " fort " and began to
throw stones and bowlders upon the train of
powder in the hope of breaking it. Then came the
explosion. It sounded as though the mountains
were slipping from their sockets. Pieces of rock
and portions of trees flew in every direction.
The atmosphere was surcharged with dust and
smoke. When the air cleared at last, it was seen
that more than half of the " Devil's Backbone"
was torn up and blown down the mountain-side
into a small arm of the Tug Fork, changing the
course of the stream. Hatfield was still un-
harmed. In the excitement of the moment, Dan
Lewis, Steve Stanley and Jack Monroe of the
posse had left the shelter of the trees and were
wounded. Another charge of dynamite was
placed, and the besiegers retreated still further
down the valley. The second explosion shook
the earth — the Hatfields seemed doomed. But
the moment the smoke cleared away rifle shots
poured .into the flank of Baldwin's men. Cap
Hatfield had again successfully foiled the plans of
his pursuers. His retreat had been made possible
under cover of the smoke from the explosion.
Thus the dynamite charge had effected nothing

io8 Kentucky's Famous Feuds and Tragedies

except the destruction of one of nature's unique
works.

The chase was renewed, and though hampered
by the wounded members of his clan, he made his
escape. The spectacular attempt to capture the
famous outlaw bore no fruit save wounds for
many of the posse. Cap Hatfield, the man who
is said to have a record of having killed eighteen
men in his life, was gone. He was never appre-
hended.

Some years ago he lived in Virginia, apparently
peaceably, but engaged in the sale of whiskey,
a vocation which is almost certain to get him into
trouble again, as it did two of his brothers, Elias
and Troy, during October, 1911. They were
shot and killed in a pistol duel at Cannelton, W.
Va., by Octavo Gerone, an Italian, with whom
they had a dispute over saloon property. The
Italian opened fire upon the two Hatfields, fatally
wounded both, and was himself instantly killed,
riddled with bullets from the dying men. When
the brothers were found by neighbors, the ex-
piring Troy Hatfield made the characteristic re-
mark : " You need not look for the man who did
this, he is dead."

Years ago the prophecy was made that " Devil
Anse " would inevitably die with his boots on.
But he has confounded the prophets. He still

The Great Hatfield-McCoy Feud 109

lives, from last accounts. The daring feudist,
who, with his sons, defied the law and authori-
ties of three States, for twenty years, the chief-
tain of as daring a band of outlaws as ever trod
American soil, has more than lived his " allotted
three score years and ten." He is approaching
the nineties. But a few days before the killing
of Elias and Troy, just mentioned, he was con-
verted and baptized, declaring that henceforth
he would lead a Christian life. It was high time,
a resolution unfortunately long deferred.

Randolph McCoy also passed the four score
mark. He seemed to have borne a charmed life.
Marked for assassination a hundred times, he
had always escaped bodily harm. But his heart
almost broke when three of his sons were slaugh-
tered in one night; his spirit was crushed when
another son and a young daughter were foully
slain, his aged wife was brutally beaten and the
home burned.

After all, he had the questionable satisfaction
of assisting a few of his tormentors to a tempo-
rary berth in the penitentiary. One and only one
was hanged, Ellison Mount, the slayer of Alli-
fair, and he was the gainer at last, for he went
straight to heaven. So he said. Perhaps he
knew, perhaps he didn't.

Somehow, it seems difficult to believe that

no Kentucky's Famous Feuds and Tragedies

murderers should have a monopoly of heaven.
The murderers' band there must be very large.
Let a man be sentenced to death for a heinous
crime, let his attempt to obtain a commutation
to imprisonment prove abortive, and straight way
he repents and away he goes — to heaven, so 'tis
said. His victim, snatched into eternity with-
out the formal preparations which orthodox re-
ligion ^prescribes for candidates for heaven, must
suffer an eternity of hell.

They tell us " we shall know each other there/'
Will Randolph McCoy and his wife thrill with
pleasure and be overcome with ecstatic spasms of
happiness on beholding among the saints the
slayers of four sons and a daughter? Will they
join in the anthems warbled by these celestial
birds, whose victims — But let that be. We did
not mean to be irreverent. We simply cannot help
differing from the approved and established con-
ception of God's justice.

THE TOLLIVER-MARTIN-LOGAN
VENDETTA.

( ROWAN COUNTY)

THE royal murder at Seravejo was the spark
that set the world on fire. It would be silly, how-
ever, to place the blame of the world war upon
it. To find the real causes of the appalling
tragedy one must go further back.

So it is with the great Rowan County war.
There were many agencies at work that con-
tributed, little by little, but none the less surely,
to that state of anarchy which disgraced Rowan
County and Kentucky during the eighties. The
evil influences which initiated it were: Politics
and Whiskey. A weak-kneed, yea, corrupt ad-
ministration of justice permitted its continuation.
The reign of terror which continued so long un-
hindered could have been crushed in its infancy
with any sort of an honest, determined effort at
law enforcement.

A verse or two of Mulligan's " IN KEN-
TUCKY " finds excellent application here :

in

H 12 Kentucky's Famous Feuds and Tragedies

" The bluegrass waves the bluest

In Kentucky;
Yet, bluebloods are the fewest ( ?)

In Kentucky;
Moonshine is the clearest,
By no means the dearest,
And yet, it acts the queerest

In Kentucky.

" The dove-notes are the saddest,

In Kentucky:
The streams dance on the gladdest

In Kentucky:

Hip pockets are the thickest,
Pistol hands the slickest,
The cylinder turns quickest

In Kentucky.

" The song birds are the sweetest

In Kentucky:
The thoroughbreds are fleetest

In Kentucky:
Mountains tower proudest,
Thunder peals the loudest,
The landscape is the grandest,
AND POLITICS— the damndest

In Kentucky."

In the long continued struggle which brought
Rowan County into disrepute, many families of
high reputation, men of wealth and influence, as
well as men of reckless, undaunted, desperate

The Tolliver-Martin-Logan Vendetta 113

character, were pitted against each other. Offi-
cers of the law, lawyers, judges and politicians of
more than ordinary ability and reputation, quar-
reled, disputed and excited such unreasoning pas-
sion as to result in bloodshed. After that the
dogged, stubborn determination of the different
factions admitted of no other settlement of the
controversy save by the arbitrament of arms, a
war to the death.

Patrick Henry cried out before the Virginia
Convention : " Gentlemen may cry peace, peace,
but there is no peace." In Rowan County, too,
men cried continually for peace, yet there was
to be no peace until anarchy had almost depopu-
lated the county and its name had become synony-
mous with outlawry. The only alternative left
was to leave the country or fight. Some did leave,
most of them remained and fought, fought with
a courage worthy of a better cause.

The courts appeared powerless. The officers
were themselves bitter partisans. The govern-
ment of the State, when applied to for troops to
assist in restoring order, sometimes refused aid,
owing to a technicality in the law, and thus was
precipitated the famous bloody battle at More-
head, in which many men were killed and
wounded.

It may be well to add that Rowan County was

1 14 Kentucky's Famous Feuds and Tragedies

not a remote, inaccessible region where civiliza-
tion had made but little progress, as was the case
along the border of West Virginia and Kentucky,
the scene of the Hatfield-McCoy war. Good
roads and railroad communication had introduced
to Rowan County even then a civilization which
should have made the bloody conflict impossible;
it certainly made it inexcusable.

It is difficult to produce a fair picture of the
political upheavals and complications which even-
tually led to and resulted in so much bloodshed
without going behind the actual outbreak of the
feud. While this necessitates the narration of
incidents of purely local interest, and may, there-
fore, not grip the interest of outsiders, a patient
reading of it will develop the fact that it is indis-
pensable to a true understanding of the history
of this war, and also that it teaches a moral.

As early as 1874 political quarrels arose, en-
gendering bitter hatred, between prominent,
wealthy and influential men of Rowan and sur-
rounding counties. At that time it was hoped and
generally believed that the difficulties would be
forgotten as soon as the heat of the political con-
tests had abated. But as the years passed fac-
tional division grew more and more pronounced.
Citizens who had theretofore held aloof from the
disputes, were gradually and surely drawn into the

The Tolliver-Martin-Logan Vendetta 115

vortex of strife. As is usual and unavoidable
under such circumstances, many desperate, de-
graded characters attached themselves to the va-
rious factions. These would commit deeds for
pay, from the commission of which the more cir-
cumspect employers of them shrank in fear. In
such wars the hired assassin always finds lucra-
tive employment. He becomes the blind tool of
the coward with the money, and the greater the
compensation the more horrible his crimes.

The innocent but direct cause of the political
struggle to which we must refer, was the Hon-
orable Thomas F. Hargis, who, in after years,
rose to the highest judicial position in the State.
His father, before him, served in the constitu-
tional convention of the State in 1849 and was
a very distinguished Kentuckian.

When the great rebellion broke out, Kentucky
soon began to suffer the distress and horrors of
civil war. It at first declared its intention to re-
main neutral. Governor McGoffin refused to
furnish troops to the Union army and attempted
to enforce neutrality by maintaining a " Home
Guard." This brought on many conflicts with
the State Guards. It became at once apparent
that the two bodies of troops were nothing more
than partisans. The Home Guards often em-
ployed their military power and authority in ha-

1 16 Kentucky's Famous Feuds and Tragedies

rassing and mistreating actual or suspected sym-
pathizers with the cause of the South. The State
Guards, on the other hand, used their influence
and made every exertion toward turning the tide
of public sentiment in favor of the Confederacy.

The sudden invasion of Kentucky by the fede-
ral troops was greeted with joy by the Home
Guards, who made no attempt to repel it or to
preserve the State's neutrality for which purpose
they had been organized. The larger portion of
the Home Guards, in fact, at once joined the
Union army. The State Guards disbanded and
a majority of them joined the Confederates.
The division of Kentucky was now complete.

In the general rush to opposing armies we
find Thomas Hargis donning the grey and fight-
ing for the " Lost Cause " as captain until the
close of the war.

Returning home, he studied law and was ad-
mitted to the bar. The date of this admission,
an unimportant point it may seem, was neverthe-
less responsible for the internecine strife of after
years.

In the year 1874, Captain Hargis, who had
already won prominence as a lawyer of ability
and sagacity, was nominated by the democratic
party as its candidate for judge of the circuit
court. Opposed to Hargis in this race was Geo.

The Tolliver-Martin-Logan Vendetta 117

M. Thomas, afterwards United States District
Attorney for the District of Kentucky. He was
the nominee of the Republican party. The race
was exceedingly hot and spirited from the begin-
ning. The contest became bitter. It was charged
by the friends of Thomas, among whom were not
only the Republicans whose nominee and choice
he was, but enemies of Hargis in the ranks of his
own party, that he was not eligible to the office
because he had not attained the requisite age, and
that he was still further disqualified from holding
the position of Circuit Judge because he had not
been licensed as a lawyer for a sufficient number
of years. These reports were industriously circu-
lated against him. Appreciating the danger of
such a rumor in a contest like this was, and
knowing that only a prompt refutation and re-
pudiation of the charges could prevent his signal
and disastrous defeat, he hastened to obtain
copies of the records of his age, and of the date
of his admission to the bar from the records of
the Clerk's office.

At the time of his candidacy Hargis was a
resident of Carlisle, Nicholas County, but when
admitted to the practice of the law had resided
in Rowan County. So the records of his ad-
mission to the bar must be obtained there. He,
therefore, went at once to Morehead and insti-

1 1 8 Kentucky's Famous Feuds and Tragedies

tuted an examination of the records, but to his
consternation it revealed the astounding fact that
the only record and evidence of his admission to
the bar had been mutilated and destroyed; the
pages containing them had been cut out from the
books. Added to this was the unwelcome dis-
covery that the family Bible had also been muti-
lated in so far as it contained the record of his
age. The charges of ineligibility had been
widely circulated and published in the newspapers
and Hargis' inability to refute them for lack of
record evidence now gave them the stamp and
color of truth. The Republicans, and the per-
sonal enemies of Hargis among the Democrats,
were jubilant, while his friends flatly and broadly
accused Thomas' friends and supporters of the
crime of stealing and destroying public records.
This further increased the already bitter feeling.
The friends of Thomas now charged that if any
such records had ever existed Hargis himself had
stolen and destroyed them. The result of it all
was that Hargis was defeated by his Republi-
can opponent, and this in a district thereto-
fore always safely Democratic. The close of the
contest brought out another truth no longer to
be denied or overlooked. Every circumstance
and condition existing after the election pointed
clearly to the fact that something more than fac-

Jhe Tolliver-Martin-Logan Vendetta 119

tional, political animosity, common in all hotly
contested races for position, had been awakened
and that in the hearts of many, malice had taken
deep root. Each succeeding election only aug-
mented the bitter feeling. Desire for revenge,
and, what at first seemed but political excitement
and zeal for the favored candidate, now caused
friends of old to cancel their friendship and the
most prominent leaders of the opposing factions
regarded each other no longer as merely political,
but as personal enemies.

In the year 1876 the Legislature of Kentucky
created a Circuit Court for Commonwealth pro-
ceedings alone, the new district being composed
of the same counties as the old. Hargis again
announced himself a candidate for judge of the
newly-organized court. This time he was elected
with an easy majority. He continued in this
office, which he filled with signal ability, until in
the spring of 1879, when an event took place
which opened to him the road to still higher
honors, and also still further fanned the flame
of political and personal strife.

The event referred to was the vacancy created
on the bench of the Court of Appeals as the re-
sult of a tragedy enacted upon the streets of the
capital of the State, at Frankfort, — the assassi-
nation of Appellate Judge J. M. Elliott, by one

<I2O Kentucky's Famous Feuds and Tragedies

Thomas Bufford. The tragic death of this able
jurist horrified all Kentucky.

His slayer pleaded insanity. The trial jury on
first ballot stood six for conviction and six for
acquittal on the ground of insanity. Finally, the
verdict of the whole jury declared him insane.
He was transferred to the Asylum at Anchorage
where he remained but a short time. He escaped
to Indiana where he remained because our requi-
sition laws were then not sufficient to enforce his
return to Kentucky.

Immediately after the death of Justice Elliott
an election was ordered for his successor and
Judge Hargis again became a candidate before
the Democratic convention. A number of able
and distinguished jurists opposed him before that
body, many of these much older and experienced
than he. In spite of the powerful opposition
brought to bear against him, Judge Hargis again
succeeded in obtaining the nomination, another
proof of his political influence as well as of his
talents and abilities as a lawyer and politician.

This last and most important success of Hargis
aroused anew the malign hatred and envy of his
numerous enemies in the camps of his own party.
The old charges were renewed, remodeled, re-
hashed, renovated and added to, as the occa-
sion demanded. The story of his wilful, felo-

The Tolliver-Martin-Logan Vendetta 121

tiious destruction and mutilation of court records
was republished and more extensively circulated
than ever. Newspapers, circulars, hand-bills and
letters telling the story were scattered throughout
the district, posted up at all public places, on
fences and trees along the highways, thus in-
creasing factional enmity to a dangerous in-
tensity,

Opposed to him in this race was Judge Holt,
a Republican politician and lawyer of prominence,
and of unassailable purity of character.

The contest between these men was waged with
spirit with the result that the mantle of Judge
Elliott fell upon Judge Hargis. During the can-
vass Judge Hargis, through the Courier Journal
and other newspapers, had denounced the person
over whose signatures a number of the scandalous
accusations and derogatory charges had been
made, as liars, calumniators and villains.

Thomas M. Green, editor of the Maysville
Eagle, also correspondent of the Cincinnati Com-
mercial Gazette, had been most persistent in in-
dustriously keeping the disparaging accusations
against Hargis in the columns of the Republican
press of the country. Editor Green was, in con-
sequence, singled out by Hargis in his card to
the Courier Journal as the chief offender, assail-
ing him in most bitter terms. Green applied to

1 22 Kentucky's Famous Feuds and Tragedies

the law for redress and instituted suit for libel
in the Jefferson Circuit Court at Louisville, ask-
ing for a large sum in damages.

Early in the spring of 1880 the case came on
for trial. Hargis waived all questions of juris-
diction which it had been expected he would use
as a defense. He somewhat staggered his
enemies by admitting responsibility for the article
upon which the suit was based, and declaring his
ability to prove the charges made against Green
as true. The trial lasted for many months. It
was minutely reported in the press of the country
and read everywhere. Even now the angel of
good fortune did not desert Judge Hargis. He
won the case.

During this period the controversy between
Green and Hargis had very sharply aligned the
friends and enemies in Rowan County. So com-
plete was the breach that the thoughtful ones
looked forward to open, actual hostilities. Hope
of compromise disappeared as time passed.

A storm so long brewing is apt to accumulate
extraordinary force. A fury long pent up will
break loose with greater fierceness. The strife
had penetrated every neighborhood, almost every
household. Any public occasion, especially the
biennial election, was looked forward to with
dread. Minor political contests, waged in these

The Tolliver-Martin-Logan Vendetta 123

elections, served to open old sores and to inflict
new wouads, adding material for the spirit of
revenge to feed upon.

At that time the Australian ballot system had
not yet been introduced. The viva voce system
was in vogue, and bribery in elections was, there-
fore, much more common than it is now. Can-
didates practically bought their offices. The voter
cast his vote publicly; it was recorded publicly,
and cried out publicly. In this wise the buyer of
the vote controlled the seller, and, very often,
vote sellers were driven en masse to the polls like
so many sheep, a cause of innumerable election
fights.

Another successful instigator of trouble on
election day was the free and promiscuous use
of liquor with which candidates treated and in-
fluenced the voters. Election contests frequently
excite the most staid and conservative citizens,
but when whiskey is added it is certain to arouse
passions which might, otherwise, have slumbered
on.

Such were conditions in Rowan County on the
day of election, August, 1884.

A hot political race was on between one S. B.
Goodan, the Democratic nominee for sheriff of
the county, and W. C. Humphrey, commonly
known as Cook Humphrey, the Republican noro-

124 Kentucky's Famous Feuds and Tragedies

inee. The county being almost equally divided
politically, the contest was close. Each of the
candidates was wealthy, influential and exten-
sively related. Money was used without stint,
barrooms were thrown wide open at Morehead,
the county seat, and principal town of the county,
as well as at most other precincts in the county.

The town was crowded with excited, angry,
drunken men and all through the day there were
fist fights and brawls. During one of these, the
prelude to the conflict which afterward attracted
the attention of the American press, John Mar-
tin, son of Ben Martin, a wealthy farmer, was
struck down and seriously injured. He imme-
diately sprang to his feet, drew his pistol and a
general pistol battle followed. When the smoke
had cleared away, Solomon Bradley was found
dead, Adam Sizemore severely wounded.

The death of Bradley, a good citizen, who had
taken no part in the fighting, and the wounding
of Sizemore and Martin proved of fatal conse-
quences. Bradley was one of the most influen-
tial Republicans of the county. He and John
Martin were members of the best families and
extensively related even in adjoining counties.
The Martins were known to be ambitious and
brave men. It appeared that Martin received his
wounds at the hands of Floyd Tolliver, a brother

Jhc Tolliver-Martin-Logan Vendetta 125

of Craig Tolliver, who afterwards attained such
unenviable notoriety and bore the distinction of
being one of the most cruel, bloodthirsty des-
peradoes Kentucky ever had the misfortune to
own as her son, and whose tragic death on the
day of the memorable battle at Morehead some
years later was heralded throughout the country.

John C. Day, the then acting Sheriff of Rowan
County, was charged with the shooting and
wounding of Sizemore.

The first blood had now been spilt; more was
bound to follow. Even the most hopeful became
convinced that a long and bloody conflict could
no longer be averted. Those best acquainted with
the state of affairs knew, and rightly predicted,
that the law would not be invoked to settle the
trouble and punish the offenders. " A life for a
life " was the motto that henceforth governed
the factions, now arrayed against each other in
open, desperate warfare.

The wounding of Martin by Floyd Tolliver
placed the latter and his friends and relatives in
a dangerous position. They knew the Martins
would not pass lightly over the matter. Their
numbers and influence made them dangerous ad-
versaries. Floyd Tolliver lived at Farmers, a
small village on the Licking river, a station of
the Chesapeake & Ohio Railway, which traverses

ii26 Kentucky's Famous Feuds and Tragedies

the county and passes through Morehead. The
Tollivers also were a large family. Floyd, be-
lieving himself in danger, now turned to his rela-
tives and friends for assistance. They responded
promptly, armed and organized. The Martins,
the Sizemores and the Days did likewise, thus
dividing the county into four factions, composed
of determined, courageous and desperate men.

During the Circuit Court following the murder
of Bradley the grand jury returned indictments
against John Martin, Floyd Tolliver and Sheriff
John C. Day for malicious shooting and wound-
ing and murder. Bail was granted, bonds were
readily executed and the cases continued until the
next term of court.

In December following the fight of August,
1884, Floyd Tolliver and John Martin, who had
recovered from his wounds, came for the first
time face to face outside of the court room and
when not in custody of the officers, since their
fight. They met in a barroom, a place never
suitable for enemies to meet. Had both men
been duly sober trouble might have been averted.
But, flushed with liquor, the old grudge soon got
in its work, a dispute arose, their hands reached
for their pistols, the shining weapons flashed for
a moment, then belched forth fire and flame, — a

The Tolliver-Martin-Logan Vendetta 127

cry, the dull thud of a falling body — Floyd Tol-
liver lay prostrate upon the floor — dead.

Martin was immediately arrested and conveyed
to the county jail. To his friends the killing was
a shock. They were fully convinced that Craig
Tolliver and the other brothers of Floyd Tolliver
would seek summary vengeance. Grave fears
were entertained for the safety of John Martin
in the old jail. Rumors of the organization of a
large Tolliver mob increased anxiety and appre-
hension with each fleeting hour. But, as much
as the Tollivers were feared, and the more they
threatened, Martin's friends bravely prepared to
protect him at all hazards. Thus the aggressive-
ness of the Tollivers was counteracted by the bold
defiance of the Martins.

The County Attorney, Mr. Young, was one of
the ablest and most fearless Commonwealth law-
yers in Kentucky. By his enemies, and they were
numerous, he was regarded as wholly unscrupu-
lous. They refused to credit him with even one
pure thought, or action, emanating from a noble
impulse. But unbiased investigation of the facts
of this matter clearly shows that Mr. Young did
his duty in this particular. He was perfectly
acquainted with the character of the men arrayed
against Martin, and was not the man to be de-
luded by their repeated declarations that the law

128 Kentucky's Famous Feuds and Tragedies

would be permitted to take its course. At the
risk of antagonizing the Tolliver faction against
himself Mr. Young promptly directed the re-
moval of John Martin to the Clark County jail at
Winchester for safekeeping. County Judge
Stewart saw the wisdom of it and issued the
order for the removal, which was accomplished
without mishap.

As soon as it became known that their in-
tended victim had escaped them, the Tollivers,
furious and raging, gathered in large force,
spreading terror wherever they appeared. " We
can wait — " they said, " there is another day
coming. John Martin must be brought back to
Morehead for trial and then — just wait."

December loth, 1884, was the day set for the
examining trial before County Judge Stewart at
Morehead. Before that day arrived, the unusual
activity of the Tollivers, the ominous collection
of all the members and friends of that family,
the frequent but secret meetings, had been quietly,
but nevertheless keenly observed by Judge Stew-
art. He was convinced that if Martin were
brought back to Rowan County at this time of
ferment and excitement he would suffer a violent
death at the hands of his enemies, and that any
attempt on the part of the officers and friends of

The Tolliver-Martin-Logan Vendetta 129

the prisoner would precipitate a conflict the mag-
nitude of which could not be foretold.

In this opinion Judge Stewart was sustained by
Attorney Young. After a careful investigation
of the state of affairs the court decided on an in-
definite postponement of the trial. The order to
the jailer of Clark County, directing him to de-
liver Martin to officers of Rowan County, was
suspended on the Qth day of December, but unfor-
tunately (fateful neglect!) the order of suspen-
sion was not communicated to the Clark County
jailer. The wife of John Martin had been ad-
vised of the postponement of the trial. The
faithful woman who had already suffered untold
anxiety and fear for the safety of her husband,
felt relieved and hastened to Winchester to in-
form him of the action of the Court of Rowan
County.

As soon as the Tollivers were informed that
the trial would not take place, and that, there-
fore, Martin would remain at Winchester for an
indefinite time, they convened in a council of war
to discuss plans of campaign.

A raid upon the Winchester jail was suggested,
but the leaders, though desperate and brave
enough to have attempted and dared anything,
did not believe that such an undertaking would

JL$O Kentucky's Famous Feuds and Tragedies

meet with success. They advised strategy in-
stead of force.

On the Qth of December, on the same day that
Judge Stewart canceled the order for delivery
of the prisoner by the jailer of Clark County,
an order was delivered into the hands of A. M.
Bowling, town marshal at Farmers, directing him
to demand Martin from the jailer at Winches-
ter and to convey him to the county jail at More-
head. The order also directed the jailer of Clark
County to surrender Martin into the custody of
Bowling. The plot was shrewdly planned. The
order, forged, of course, would open the doors of
the Winchester jail without difficulty, and the
prisoner must, therefore, become an easy victim
on his way to Rowan County.

Bowling, a Tolliver clansman, engaged four
other members of it to accompany him to Win-
chester,— Hall, Eastman, Milt and Ed Evans.
Four men to convey a handcuffed prisoner! It
was deemed best to send a sufficient number to
prevent outsiders from interfering in the final act
of the inhuman drama staged by Craig Tolliver
and his henchmen.

On arriving at the jail at Winchester, Bowling
presented his order, which was signed (?) by
two Justices of the Peace of Rowan County and
which directed the delivery of Martin to Bowling.

The Tolliver-Martin-Logan Vendetta 131

The order was carefully drawn in the usual form,
and had every appearance of genuineness. A few
minutes after John Martin's wife had bidden her
husband good-bye at the Winchester jail, Bowling
presented his order for the delivery of Martin.

While the wife was at the station awaiting
the arrival of the train which was to carry her
homeward, little dreaming that she had clasped
the hand of her husband warm with life for the
last time, the prisoner was aroused by his keeper
and told to prepare for his removal to More-
head. Martin at once became suspicious. He
remonstrated against the transfer, but the jailer
produced the order. The prisoner pleaded long
and earnestly. He explained to the official that
he had received definite information through his
wife that on account of the danger that awaited
him at Morehead the county authorities of Rowan
County had indefinitely postponed his removal.
He insisted that Bowling and his companions
were his deadly enemies; that every surrounding
circumstance pointed to treachery, and that his
delivery into the hands of Bowling meant noth-
ing more nor less than assassination.

The jailer turned a deaf ear to his entreaties.
He argued that a refusal to comply with the im-
perative order of the Rowan County Judge would
involve him in trouble. He had no right to be-

132 Kentucky's Famous Feuds and Tragedies

lieve the order forged. It bore the stamp of gen-
uineness. It seems to us, however, that a more
circumspect officer, informed of the conditions
and circumstances surrounding the prisoner, ac-
quainted with the dangerous state of affairs in
Rowan County as the result of which Martin had
been removed to Winchester, would have held
the prisoner until he could have communicated
with the authorities at Morehead. Disobedience
to the court's orders, intended for the protection
of a helpless prisoner, could not have been sub-
ject to censure, especially when the forgery of
the order was later on established. He might
easily have verified the genuineness of the paper
by telegraph. Blind obedience often works in-
jury. Threatening disasters through blunders of
commanding officers have often been averted by
the disobedience of inferior officers, who pre-
ferred facing court martial rather than become a
party to useless slaughter and defeat.

John Martin was delivered to Bowling and his
companions. Securely shackled, he was marched
to the train. Doubtless he suffered the same
mental agony as does the man on the way to
the scaffold. It was pathetic chance that Mrs.
Martin boarded the same train. She entered an-
other coach, entirely ignorant of her husband's
presence in the next one.

LThe Tolliver-Martin-Logan Vendetta 133

While this occurred at Winchester, Craig Tol-
liver and his band had already assembled at
Farmers, ready to play their part in the cowardly
deed. Armed to the teeth, they were posted at
and near the railway station, impatiently await-
ing the arrival of the train. The night was dark
and disagreeable, perfectly suited for a hold-up.

Presently the flash of light pierces the gloom,
the shriek of the engine whistle echoes mourn-
fully through the night. The train bearing John
Martin thunders toward the station. The air-
brakes wheeze, the train slows up; the conductor
cries " All out for Farm — " He does not finish
the call of the station. A pistol is thrust into his
face. Armed men board the engine and cover
the engineer and fireman. Others enter the coach
in which Martin is sitting, handcuffed, utterly
helpless, surrounded by Bowling and his confed-
erates.

Martin sees the men enter and instinctively
realizes that his end has come. He attempts to
rise to his feet. Instantly shots are fired. Mar-
tin sinks back upon his seat, lifeless, his " pro-
tectors " calmly witnessing the murder.

Martin's wife, in another coach, had up to this
time believed her husband secure in his cell at
Winchester. But the moment she heard the
shots, unaccountable, undefinable dread seized

134 Kentucky's Famous Feuds and Tragedies

her. Instinctively she rushed to the scene of
the tragedy and found her suspicions realized.
There lay the blood-covered body of her husband,
literally torn to pieces and perforated with leaden
messengers of death. All that the faithful, grief-
stricken wife could do was to order the remains
taken on to Morehead. Martin was buried amid
a large concourse of sorrowing friends and rela-
tives. The solemnity of the occasion accorded
ill with the many suppressed, yet none the less
ominous threats of terrible and swift punishment
of the murderers.

The news of the cowardly assassination spread
like wildfire over the county. The war had be-
gun in earnest. From the day John Martin's
body was consigned to the grave, the angel of
peace departed from Rowan County. For more
than three years a reign of terror was to sweep
over it with all its attendant horrors, cutting a
wide path of desolation and misery. Deeds of
violence now occurred at frequent intervals. All
manner of crime went unpunished by the law.
The whole machinery of the law was rotten, the
officers of the courts being themselves partisans,
in some instances very active as such.

Mr. Young, the county attorney, was the first
to feel the wrath of the Martin faction. While
riding along the road on Christi Creek he was

The Tolliver-Martin-Logan Vendetta 135

shot from ambush and painfully, but not fatally,
wounded. The perpetrators of this deed were
not definitely known, but Young's friends claimed
to have certain information that the men who at-
tempted his assassination had acted under in-
structions from the Martin faction, which had
openly accused Young of playing into the hands
of the Tollivers, and had even gone so far as to
allege that he had with them connived in the mur-
der of John Martin.

Whether he was or was not a Tolliver sym-
pathizer, another murder committed soon after-
wards was laid at the door of the Tollivers, to
avenge, it was charged, the wounding of Mr.
Young. Under the circumstances this gentleman
determined to and did remove from the county
where his life was evidently no longer safe. He
located in an adjoining county. At the succeed-
ing election his son was elected to the office his
father had vacated.

The murder above referred to was that of
Stewart Baumgartner. Cook Humphrey, the
Republican Sheriff, had appointed him a deputy.
On the 1 7th day of March, 1885, Baumgartner
rode along Christi Creek, when, almost at the
identical spot where Mr. Young had been fired
upon, he was shot and instantly killed — from
ambush. No one was ever indicted for that kill-

136 Kentucky's Famous Feuds and Tragedies

ing, • but it was generally believed, charged and
never denied that Craig Tolliver's subordinates
were the murderers.

Shortly after the death of Baumgartner, and
during the month of April, 1885, Cook
Humphrey and a stranger, afterwards ascertained
to have been Ed. Pierce of Greenup County, Ky.,
appeared on the streets of Morehead, heavily
armed and followed by a number of Martin sym-
pathizers. This act of defiance called forth bitter
denunciation from the Tollivers and their friends,
among whom was ex-Sheriff Day and Jeff Bow-
ling, men of reckless courage. The leaders of
the opposing factions assembled every available
man, and provided them with arms. The most
determined preparations were made to fight out
their differences on the streets of Morehead.
Humphrey's headquarters were at the Carey
House, a hotel owned and operated by James
Carey, an ex-captain of the Union army and a
very influential citizen. The Tollivers occupied
the Cottage Hotel near the Chesapeake & Ohio
Railway depot, then owned by Dr. R. L. Rains.
As quickly as possible a message was forwarded
to Craig Tolliver, absent from Morehead at the
time. He came, accompanied by a number of
Tollivers from Elliott County. The battle opened
fast and furious. A continuous fire from many

The Tolliver-Martin-Logan Vendetta 137

guns kept the citizens of the town in terror for
many hours. The balls whizzed through every
portion of the ill-fated village. Storehouses and
dwellings were riddled. None dared to enter the
streets, or expose his body for an instant.

The Carey House apparently bore the brunt
of the firing. Hundreds of balls struck and shat-
tered the slight frame structure. The Tollivers,
beside superior numbers, had the advantage of
position. Their marksmanship was better, too.
Humphrey and his clan soon realized that a
charge upon their position would mean their an-
nihilation. So at an opportune moment the
Carey House was abandoned and the Tollivers
remained in undisputed control.

In spite of the long-continued, heavy firing,
an unremitting fusilade'of many hours' duration,
there were no casualties. The battle, however,
exercised such a terrifying influence over the
peaceable citizens of the town that all that could
left.

Morehead, in fact the county, was now in a
state of anarchy. The matter was reported to
the Governor, who immediately ordered General
John B. Castleman, then Adjutant General of
Kentucky, to Morehead to investigate conditions
there and to discover the causes of this shameful
lawlessness. General Castleman, in company

138 Kentucky's Famous Feuds and Tragedies

with others, went to Morehead and interviewed
the adherents of the different factions and leading
citizens of the county. This commission, on
completing its mission, reported its findings to the
Governor. The result was that the leading
spirits in the feud were summoned to Louisville,
Ky., where a compromise was patched up between
the belligerents. Both sides pledged themselves
to return home, to lay down their arms and to
cease to molest each other. This proceeding
brought into prominence H. M. Logan, Judge
James Carey and Cook Humphrey as adherents
of the Martin faction and Craig Tolliver, Dr.
Jerry Wilson and others as the Tolliver faction
leaders.

The agreement entered into at Louisville, in-
tended to restore peace, effected the opposite re-
sult. It prevented prosecution of either side for
the Morehead riot. The leniency extended by
the authorities merely emboldened and encour-
aged the warring parties — the truce was violated
by both sides within a short time after it had been
agreed to.

The factions charged each other with insin-
cerity, of secretly maintaining armed bands and
preparing for renewed hostilities. Within a few
weeks after the compromise at Louisville, condi-
tions in Rowan were as bad as ever, nay — worse.

The Tolliver-Martin-Logan Vendetta 139

As we have stated, the shooting of Young, the
County Attorney, had been charged to the Mar-
tin faction. In retaliation for this crime the Tol-
livers had murdered Sheriff Humphrey's deputy,
Baumgartner. Subsequent developments then
seemed to directly implicate Cook Humphrey in
the shooting of Young, and this led to a renewal
of active hostilities. It appears that immediately
after the treaty at Louisville, Ed. Pierce, the man
who had so mysteriously appeared on the streets
of Morehead in company with Cook Humphrey
on the day of the riot, was arrested in Greenup
County and taken to Bath County for trial on a
charge of robbery. A jury found him guilty.
He was sentenced to the penitentiary for a long
term. While confined in jail previous to his trial,
he admitted his participation in the shooting of
Mr. Young, implicating also Ben Rayborn of
Carter County, a man but little known in Rowan
County. In his confession Pierce claimed to have
been employed to kill Mr. Young by the sisters
and family of John Martin, and that Sheriff
Humphrey and Baumgartner, his deputy, had
aided and assisted in arranging the details of the
plot.

Humphrey and the Martins indignantly denied
every word of Pierce's confession, and asserted
that he had been bribed by Mr. Young to make

140 Kentucky's Famous Feuds and Tragedies

it for the purpose of destroying the prestige of
the Martin family in the county, and to furnish
the excuse for further outrages.

Humphrey and the Martin family were now
put under constant surveillance by the Tollivers.
The Martin homestead, situated about one mile
from Morehead, became an object of special vigi-
lance. Finally, on the evening of the 27tfy day of
July, 1885, the Tolliver spies reported to their
leader at Morehead that two men had been seen
around the Martin home. Instantly everything
was in commotion at the Tolliver headquarters.
Craig Tolliver, Jeff Bowling, T. A. Day and
others, all sworn enemies of the Martins, sur-
rounded the homestead in the dark of night and
remained on watch until morning.

Shortly after daylight a stranger, afterwards
recognized as Ben Rayborn, in company of Sue
Martin, a young woman of much native sense and
energy, emerged from the house and " robbed "
a beehive in the yard without having discovered
the enemy. Rayborn was heavily armed. His
presence convinced the Tollivers that Cook
Humphrey was in the house; they now deter-
mined upon open attack. But to avoid possible
failure of the plot it was deemed necessary to in-
crease the force. A messenger was hurriedly dis-
patched to Morehead.

The Tolliver-Martin-Logan Vendetta 141

A short time afterwards the Tollivers had as-
sembled a force of twenty-five or thirty men,
among whom were many of the most violent men
of Rowan County.

At nine o'clock Craig Tolliver had stationed
this force at every point of vantage. Then he
and Bowling appeared at the front door with
Winchester rifles gleaming in the sunlight. For
the first time the inmates of the house seemed
aware of the presence of the enemy. There was
apparently no chance of escape. Every door was
securely guarded. Tolliver was met at the door
by the brave Martin girls who demanded an ex-
planation for the intrusion. Tolliver demanded
the surrender of Cook Humphrey and any other
man or men that might be with him. The girls
stoutly denied the presence of any one save the
members of the family. Tolliver knew this to
be false. With his own eyes he had seen Ray-
born that morning. He charged the girls with
duplicity and forced his way into the house. No
one was found on the first floor. Then they at-
tempted search of the upper story. At the stair-
way a shotgun suddenly belched forth fire and
flame into the faces of the Tollivers. Craig's
face and part of his body was filled with shot,
the gun stock shivered to pieces in his hand. He
sank upon the steps and rolled helplessly at the

142 Kentucky's Famous Feuds and Tragedies

feet of his companions. Bowling miraculously
escaped unhurt.

Craig Tolliver was immediately placed upon
a horse and sent to Morehead for repairs. The
others, not daring to force the stairway, went
outside and contented themselves with firing
through the doors and windows. The fusilade
continued incessantly for a long time. Black
smoke hung like a cloud over the premises. If
the Tollivers hoped to force the surrender of
Humphrey and his companion by mere intim-
idation, they soon saw their mistake. These two
men were brave to the core. Besides, they pre-
ferred to die fighting rather to being mercilessly
butchered as helpless prisoners. They remem-
bered the fate of John Martin.

Finally Humphrey managed to make himself
heard through the din and crash of battle. He
informed his assailants that he was there in the
house and that by virtue of his office as sheriff
of the county none but the coroner had the legal
right to arrest him. The Tollivers sneered at this
speech. They had not come to uphold the law;
they had succeeded in trapping the enemy, and
meant to use the advantage they had gained.
Hours thus passed. All day the guns roared into
and from the house. The sun was sinking rap-
idly toward the western horizon; the shades of

The Tolliver-Martin-Logan Vendetta 143

evening grew longer. As long as daylight lasted
the assailants had kept covered and protected,
held at bay by the brave defenders. But in the
dark of night, the end must come. They could
not prevent a simultaneous attack from the en-
tire force of the assailants. Surrounded on
every side, escape seemed well-nigh impossible.
Yet Humphrey essayed to make a sortie with his
companion, hoping thereby to draw the fire of
the enemy upon themselves and to thus at least
relieve the women in the house of further danger
of death which had threatened them every mo-
ment throughout that long day. It was a des-
perate undertaking, with ninety-nine chances in
a hundred against its success. But Humphrey
was brave, and so was Rayborn. As expected,
the instant they emerged from the house a shower
of balls greeted them. They ran for their lives.
Rayborn sank, rose and fell again, to rise no
more. His body was riddled. Humphrey, how-
ever, seemed possessed of a charmed life.
Though his clothing was torn to shreds, his body
received not a scratch.

Satisfied now that there were no more men in
the house, the Tolliver clan crowned their in-
famous day's work by setting fire to it. The in-
mates escaped without even necessary clothing.
The body of Rayborn was left lying where it

144 Kentucky's Famous Feuds and Tragedies

had fallen until the next day, protected from
mutilation by dogs and hogs by a rail pen which
had been built around it by the heroic Martin
girls.

The excitement that prevailed in the county
when the news of the cowardly attack upon the
Martin home became known, can better be imag-
ined than described. The lover of law and order
was terror-stricken. The question was asked in
whispers — " Where will it all end ? " The County
Judge was a well-meaning man, but utterly in-
competent as an officer, possessing none of the
qualifications for such an office in a county like
Rowan at such a time of lawlessness and anarchy.
He was weak and timid. Always in fear for his
life, he completely lost his head.

Warrants were at last issued upon the affidavits
of the Martin girls against Craig Tolliver, Jeff
Bowling and a number of others, charging them
with murder and arson. An examining trial fol-
lowed. At that time such trials were held before
two justices of the peace. One was said to be
a Martin sympathizer ; the other stood accused of
being under the thumb of the Tollivers.

The court's decision gave color to these sus-
picions. One of the magistrates decided for com-
mitment of the prisoners to jail without bail; the
other declared that no offense had been proven.

The Tolliver-Martin-Logan Vendetta 145

Under the law then existing this disagreement of
the court permitted the murderers to go free.

The trial was a pronounced farce. After-
wards some of the parties were indicted by the
grand jury for arson, but none was convicted and
the murder charges against them all fell.

Jeff Bowling, one of the most desperate of the
Tolliver faction, removed from the county of
Rowan a short time afterward, and settled in
Ohio, where he continued his career of crime,
evidently believing that there, as well as in Ken-
tucky, none dared molest him. He saw his mis-
take too late.

It appears that his mother-in-law had married
a wealthy farmer named Douglas, of Licking
County, Ohio. It had been due to the persuasion
of Douglas that Bowling left Kentucky and
settled in or near his Ohio kinsman. Bowling
had resided there but a short time when Douglas
was found one morning in his barn — murdered.
The ringer of suspicion pointed to Bowling as
the only one who had a tangible motive for the
commission of the crime. He was promptly in-
dicted, tried and sentenced to death, but the sen-
tence was finally commuted to life imprisonment.
He served seven years of his time and moved to
Texas.

Humphrey, after his miraculous escape from

146 Kentucky's Famous Feuds and Tragedies

the Martin house, had become thoroughly con-
vinced that it was impossible for him to longer
continue in the office of sheriff and resigned,
William Ramey being appointed and qualified in
his stead.

Craig Tolliver for a time absented himself from
Rowan County. He turned up in jail at Cincin-
nati, imprisoned on the charge of robbery. He
was tried, acquitted and returned to Rowan
County, when trouble started anew.

Several killings occurred in the county during
the year, some of which had, however, only re-
mote connection with the feud. John G. Hughes
was killed by a mob styling themselves " regu-
lators." Wiley Tolliver, son of L. H. B. Tolliver,
was killed about Christmas, 1885, by one Mack
Bentley, during a drunken row.

Early in 1886, the murder of Whit Pelfrey, at
Elliottsville, Rowan County, came near precipitat-
ing another outbreak. He was stabbed and
killed by Tom Goodan, brother of S. B. Goodan,
a prominent Tolliver man and brother-in-law of
Jay, Bud and Wiley Tolliver. Pelfrey, known as
a strong Martin sympathizer, was an influential
citizen and wealthy. Goodan was tried for this
murder, but acquitted.

The year 1886 brought with it an annual elec-
tion at which all county officers were to be chosen.

The Tolliver-Martin-Logan Vendetta 147

Each faction had its candidates in the field. It
may, therefore, be easily imagined that neutral
citizens remained in a state of constant anxiety
and apprehension.

Cook Humphrey and Craig Tolliver roamed
through the county at the head of large forces,
frequently entering the town of Morehead and
parading the streets in defiance of each other.

On July 2nd, 1886, it being County Court day,
a warrant of arrest was placed in the hands of
Sheriff Ramey for the arrest of Humphrey, who
was in town that day. The officer went in search
of and found him near the store of H. M. Logan.
An altercation ensued between the men, both
drew their pistols and began firing. Friends of
both parties became involved and the shooting
became general. When the fight was over it was
found that the sheriff and his son and deputy,
were both dangerously wounded, while W. O.
Logan, H. M. Logan's son, a youth hardly twenty
years of age, was killed.

Immediately after the fight the factions retired
to their headquarters and prepared for another
conflict. The County Judge was prevailed upon
to demand troops. His request was readily
granted and a detachment of State Guards, com-
manded by Major K. W. McKee of Lawrence-
burg, hastened to the scene of the trouble.

148 Kentucky's Famous Feuds and Tragedies

When July 3rd came, the citizens, women and
children, trembled with fear of a bloody conflict.
At the quarters of the factions guns and pistols
were cleaned, oiled and loaded, cartridge belts
filled — every preparation made for battle.

Then the long-drawn notes of a bugle floated
in the morning air — the astonished people peered
through the windows and beheld in the court
house yard a long line of soldiers, their guns and
bayonets glistening in the morning sun. There
was a sigh of relief — danger had passed for the
moment.

The troops remained at Morehead until some
time in August. It was due to their presence
that the election passed off without violence and
bloodshed. When Circuit Court convened, the
Commonwealth was represented by the Honorable
Asher C. Caruth, Commonwealth Attorney of the
Jefferson Circuit Court, and afterwards member
of Congress from the Louisville District.

As at this time practically every citizen in the
county was aligned on one side or the other, it
seemed impossible to secure juries that would
try cases impartially and without prejudice. This
state of affairs did not escape the attention of Mr.
Caruth. The result of his investigations of af-
fairs in Rowan County resulted in a nolle pro-
sequis, qualified by certain conditions, of the

The Tolliver-Martin-Logan Vendetta 149

charges against the Tollivers and Humphrey.
His proceeding in this respect is contained in the
following report to Judge Cole, presiding judge
of the Circuit Court: —

Hon. A. E. Cole,

Judge of the Rowan Circuit Court.

Under your appointment I have acted as Com-
monwealth Attorney pro tempore at the special
July and present August term of the Rowan
Circuit Court. I have given the felony docket,
over which alone, under the present law, I have
jurisdiction, careful study and attention. I have
also investigated as thoroughly as a stranger to
the people of Rowan County could do in the lim-
ited time of my service, the causes which led to
the present unhappy condition of affairs, and
have sought to find a remedy for the evils afflict-
ing this people.

I find it to be the opinion of the law-abiding
citizens of all parties that the public peace could
be best secured by the continued absence from
the county of Rowan of the acknowledged and
recognized leaders of the two rival factions —
Craig Tolliver and Cook Humphrey. Against
the former there is now pending one felony
charge, that of false arrest and imprisonment.
Against Humphrey there are three indictments
for felony on the docket, each for conspiring,
etc., to commit personal violence. I have the
written request of each of these persons accused
to suspend further proceedings in their cases,

1 50 Kentucky's Famous Feuds and Tragedies

coupled with a promise on the part of each to
leave the county of Rowan never to return un-
less, temporarily, to attend the funeral of some
immediate relative. * * * The persons
charged to have been injured by their acts also
request this disposition of the pending cases. It
is the opinion of the members of the grand jury
now in session, and of the vast majority of the
citizens of the county, that this disposition of the
cases will do much to restore peace and confidence
to the community. After full consultation with
the members of the bar residing here or prac-
tising here, with the commander of the forces
now stationed at the county seat, and with citi-
zens of high position and authority in the Com-
monwealth, and considering the uncertainty of
the criminal trials, I am convinced that this is
the best available method to secure the end in
view. No harm can, by this means, be done the
State, because, should the agreement be violated,
the cases can at once be set for trial and prosecu-
tions made.

The following written agreements were then
signed and attested:

Asher G. Caruth,

Commonwealth's Attorney pro tempore,

I4th Judicial District :—

I request you to suspend any further proceed-
jmgs in the cases now pending in the Rowan Cir-
cuit Court against me, and promise that I will
remain away from the county of Rowan perma-

The Tolliver-Martin-Logan Vendetta 151

nently. Should I ever return to said county I
am willing that the cases shall be redocketed and
the trials proceed. I will leave said county on
or before the 8th day of August, A. D. 1886. In
this agreement I reserve the right, in the event
of the death of any of my immediate relatives,
to return to attend their burial, but I must im-
mediately thereafter leave the county to perma-
nently remain away.

(Signed) CRAIG TOLLIVER.

Attest : D. B. Logan.

A similar agreement was prepared and signed
by W. C. Humphrey, attested by G. A. Cassidy.

We do not wish to criticise Mr. Caruth's course
in this matter, but it occurs to us, and must occur
to the reader, that the practice of compromising
with outlaws proves a weak-kneed administration
of the law. It seems that a man or set of men
may terrorize a community as pleases them, then
demand of the authorities immunity for crimes,
on certain conditions prescribed by the criminals.
Mr. Caruth acted for the best interests of the
community, as he believed. Aware that juries
were partial or prejudiced, he realized that trials
in Rowan County of either of the factions would
result in injustice one way or another. The
Grand Juries were corrupt and accustomed to
wreak vengeance on some and whitewashing
others. The selection of trial juries was so pal-

1 52 Kentucky's Famous Feuds and Tragedies

pably unfair that visiting lawyers commented
upon it and afterward testified before the legis-
lative committee to that fact. Several court offi-
cers were undisguised partisans. It seems to us,
however, that these cases might have been re-
moved from the county and tried elsewhere upon
a change of venue. At any rate, the compromise
effected by Mr. Caruth proved not only unsatis-
factory, but ill-advised.^ The success of his
scheme was founded upon the belief that the
parties to the agreement would adhere to the
pledge to leave the county. He did not under-
stand the character of Craig Tolliver. To secure
his signature to an agreement that would put an
enemy out of his way was one thing, to make
him keep it, another. Tolliver remained absent
from Morehead long enough to assure himself
that the indictments against him were dismissed,
when he promptly returned. Although the com-
promise was based upon the understanding that
if either returned except under the conditions re-
cited in the agreement that the indictments against
the party so returning .should be redocketed and
revived, this was never done. Tolliver was free
to continue his career of crime. Humphrey kept
his word, and never violated his pledge. He sold
out his earthly possessions in Rowan County and
bade farewell to his native State.

The Tolliver-Martin-Logan Vendetta 153

Previous to his election as sheriff Humphrey
had been a highly esteemed citizen, a man of
exemplary character, of amiable disposition. His
fatal connection with the feud was mainly due
to his unfortunate selection of Stewart Baum-
gartner as his deputy. The latter was a citizen of
Elliott County, where he had a reputation for vio-
lence and desperation. Pursuing the same course
in Rowan, Humphrey's association with him
made him many enemies. Baumgartners connec-
tion with the Martin faction compromised
Humphrey; thus step by step he was thrown into
the whirlpool of trouble. The formerly quiet, in-
offensive citizen grew dangerous and violent ; the
dormant, unholy passion of revenge was aroused.
Humphrey became for the time being a character
dreaded by those that opposed him. At the time
of his participation in the feud he was yet in his
twenties and unmarried. After leaving Ken-
tucky he went West, never to return to his native
heath until after the death of Craig Tolliver
and his followers, and then only on special busi-
ness.

With Humphrey gone, the Martin faction prac-
tically disbanded. Had Tolliver observed the
treaty stipulations as faithfully and honestly as
did Humphrey, this chapter might end here. The
writer would be spared the unpleasant task of

154 Kentucky's Famous Feuds and Tragedies

continuing the record of violence, murder and
anarchy. It is evident that Tolliver had entered
into this agreement with the avowed purpose of
violating it. He had every reason to believe that
Humphrey would observe it. He out of the way,
there stood no one to dispute Tolliver' s undisputed
sway in the county, especially at Morehead. His
adherents remained faithful and joined him.
They did as they pleased, in fact had things their
own way. If the authorities did not dare molest
them, who should? A few of the citizens who
had attempted a mild protest against Craig Tol-
liver's dictatorship, were easily intimidated by
keeping them in constant fear of death or de-
struction of their property.

Saloons were opened and operated without
license. Magistrates refused to issue warrants,
knowing that such an act would forfeit their lives.
Had the warrants been issued, no officers could
have been persuaded to execute them. The resi-
dences and grog shops of the Tollivers resembled
and were arsenals. An effective and favorite
method of Craig Tolliver to rid himself of any,
to him, undesirable citizens, was to send a written
communication to them, setting forth the fact
that Rowan County could dispense with their
presence, and that on a certain day in the near
future certain funerals would take place unless

The Tolliver-Martin-Logan Vendetta 155

they were gone from the county. A funeral is
not a pleasant function at any time, and the pros-
pect of one's own set for a definite time, has a ten-
dency with many persons to try hard to avoid
it, if possible. It was, therefore, not surprising
that parties thus notified preferred absence from
the county to being principals at funerals. A few
regarded those letters as idle and meaningless
threats, but the sincerity of the advice could no
longer be doubted or questioned when several
prophesied funerals did take place.

To detail the circumstances of the various kill-
ings that occurred during that stormy period of
Rowan County would prove tedious. Suffice it
to say, that from the first Monday in August,
1884, to the 22nd of July, 1887, twenty-three
men were killed in Rowan County. No convic-
tions were secured for any of these murders. But
of this later on.

On October 2oth, 1886, H. M. Logan was shot
from ambush in the streets of Morehead, while
walking from his place of business to his resi-
dence. The wound was dangerous but not fatal.

Judge Carey came in for a full share of the
enemy's hatred and vengeance. His hotel was
frequently fired into at night by parties armed
with needle guns and large calibre Winchesters.
His house assumed the appearance of having been

156 Kentucky's Famous Feuds and Tragedies

struck by a cyclone. Windows and doors had
been completely shot away and the walls per-
forated in a thousand places. It required neither
doors nor windows to admit daylight.

The Exchange Hotel shared a similar fate. It
was managed by H. C. Powers, another
Humphrey adherent.

This kind of argument was convincing, more
forcible than words or letters. Powers and Carey
both felt a sudden desire to remove from the at-
mosphere of Morehead, concluding that Coving-
ton, Kentucky, possessed greater allurements for
the time being than did their home town. Both
remained away from the county until after the
bloody, final battle at Morehead in 1887. Un-
fortunately, we have no authentic account of the
leave-taking between the Tollivers and Carey and
Powers. It must have been very affectionate,
since the Tollivers had exhibited such concern for
their safety, comfort and health as to persuade
them so urgently to remove to a happier and
better land.

Howard Logan (H. M.) too, had enough of
this joke about funeral predictions. He could
not see the point of it, and concluded that Ash-
land, on the banks of the beautiful Ohio, would be
the proper place to recover from his labors and
see the world. He also remained away until after

The Tolliver-Martin-Logan Vendetta 157

the annihilation of the Tollivers. There were a
number of others who seemed suddenly seized
with a fever to emigrate. Among them were
John R. Powers, James E. Clark, a prominent
lawyer, who found a more congenial home at
Unionville, Clark County, Missouri ; James Brain,
a brother-in-law of Judge Carey; R. C.
Humphrey, brother of Cook Humphrey; both of
whom settled in Missouri. Many others
" scouted " in neighboring counties until the re-
turn of peace. Judge Tussey, brother-in-law of
the murdered John Martin, on the advice and
persuasion of his wife, remained absent in Carter
County and returned only to take part in the
final drama.

Nearly all of the parties who were thus driven
from the county, were men of wealth and busi-
ness capacity. Removals continued. The mag-
nitude of the exodus may be realized by examin-
ing the figures giving the population of the
county seat, Morehead, from 1885 unt^ tne early
part of 1887. In 1885 Morehead was a flour-
ishing town of more than seven hundred inhabi-
tants. Within two years this figure was reduced
to less than three hundred. More than half the
population had removed. Private residences and
storehouses stood empty, with windows nailed
up or were taken possession of by the Tollivers

158 Kentucky's Famous Feuds and Tragedies

whenever it suited their fancy. The Tollivers
made up the population. The offices of police
judge and town marshal were filled by Tollivers.
On June 1st, 1887, Craig Tolliver had the entire
town under absolute control. He was elected
police judge without opposition. He did a driv-
ing business, selling whiskey, without license, of
course. The law as to obtaining license to sell
liquor applied not to him. He was above the law.
He took possession of the Exchange Hotel, which
H. C. Powers had left without a tenant, by right
of conquest. Why should he have troubled him-
self with renting property when houses stood
empty, and he was monarch of the town! The
property of his enemies was his — the spoils of
war.

The Central Hotel was placed at the disposal
of Tolliver by its owner; the former leased it to
Bunk Mannin and his brother, Jim Mannin.
These two were Craig Tolliver's constant asso-
ciates. He had brought them from Elliott
County. Knowing their reputation as desper-
adoes, he created them his body-guard. Bunk
Mannin, bloodthirsty, brutal, but courageous, be-
lieved he could serve his chieftain best by captur-
ing the office of town marshal. He set himself
up as candidate and was elected without a whisper
of opposition. As town marshal and hotel keeper,

The Tolliver-Martin-Logan Vendetta 159

he opened a saloon at the Central Hotel, operat-
ing it in the manner of the one run by Craig Tol-
liver, in violation of the law. Bud Tolliver was
made a member of the town council. Craig Tol-
liver's triumph was now complete. The midnight
carousals, the continuous discharges of Winches-
ter rifles and pistols, made night hideous. Per-
sons of unquestionable courage grew nervous.
At this period the exodus of the inhabitants was
greatest.

Social functions were out of the question.
Adjutant-General Hill says in his report to the
Governor, after the final battle of July, 1887:

" One night while I was there the young people
of Morehead had a social at the home of a prom-
inent citizen, and I was told that it was the first
event of the kind which had occurred in the little
town for years."

The Tollivers controlled the court and the
grand juries. A witness daring enough to indict
them for their many offences was certain to be
indicted for some imaginary offense in return
for his audacity. Thus during one court, shortly
after the " shooting up " of the Carey House,
two daughters of Howard Logan testified before
the grand jury and indicted one Dr. Wilson for
participating in the riot. The same evening the

160 Kentucky's Famous Feuds and Tragedies

grand jury returned indictments against the two
young ladies for " false swearing."

The secrets of the grand jury leaked con-
stantly. Every word of testimony uttered before
it was promptly and minutely reported to the Tol-
livers. Mrs. Martin, who had been a witness
against them on several charges, was indicted for
sending a poisoned turkey to a Tolliver sym-
pathizer. Is it a wonder that Attorney-General
Hardin stigmatized the whole machinery of jus-
tice in the county as " rotten " ? Is it a wonder
that crime was rampant and of daily occurrence ?
Is it a wonder that outraged manhood at last
took the law in its own hand and annihilated the
outlaws ?

Sometime in the latter part of 1886, or early
part of 1887, H. M. Keeton, constable of More-
head precinct, was shot and killed by Bud Tol-
liver. Keeton, too, had been duly served with
notice of the date of his funeral. Remaining in
the county, he furnished the body.

W. N. Wicher was shot and killed by John
Trumbo, a Tolliver man.

At the February term of the Rowan Circuit
Court (1887) Dr. Henry S. Logan, R. M. Mc-
Clure, John B. and W. H. Logan and Lewis Ray-
born, were indicted for conspiracy to murder
Circuit Court Judge A. E. Cole, James H. Sallee,

The Tolliver-Martin-Logan Vendetta 161

Commonwealth's Attorney, and Z. T. Young.
All the parties indicted were prominent citizens
and of such a character that those not prejudiced
against, and acquainted with them, at once de-
clared the charges false. The entire transaction
bore the ear-marks of a shrewdly laid plot to rid
the county of these men, who had become ob-
jectionable to Czar Craig Tolliver because they
had dared to criticise his rule. The indicted
parties were arrested and confined in jail, their
bail having been placed at an exorbitant sum.
They were hustled off to Lexington for " safe-
keeping." John B. and W. H. Logan gave bond
and returned to their home, about four miles dis-
tant from Morehead. Their father remained in
prison.

When it became known that James Pelfrey was
the chief witness against them, it seemed easy to
see through the whole affair. Pelfrey's black
character was well-known by some of the Tolliver
clan, and to this unscrupulous man they had
turned to effect their villainous conspiracy. A
suitable story was concocted and rehearsed.
With it Pelfrey appeared before the grand jury,
and loaded upon his sin-stained soul the dastardly,
black crime of perjury. After their return home
the Logan boys lived quietly and alone, taking
charge of the farm in their father's absence. W.

l62 Kentucky's Famous Feuds and Tragedies

H. Logan (Billy) was a consumptive, twenty-five
years old, and almost reduced to a skeleton by
the dread disease. His brother, J. B. Logan
(Jack) was a youth of eighteen.

On the 7th of June, 1887, a disreputable char-
acter named Hiram Cooper, who lived in the
neighborhood of the Logan boys, came to More-
head and swore out a warrant against the Logan
boys and their cousin, A. W. Logan, charging
them with confederating and banding together
for the purpose of murdering him (Cooper).
This act was in pursuance of the original plot to
rid the county of the family, which, however, had
failed to some extent when the boys had suc-
ceeded in giving bail and were released from
prison.

Craig Tolliver, the police judge, issued the
warrants. They were placed in the hands of his
confederate, Town Marshal Bunk Mannin, who
summoned a posse of ten men to assist him in
the execution of the warrants against the two
boys. Among these brave officers were Deputy
Sheriff George Hogg, Bud Tolliver, Jay Tolliver,
Cal Tolliver, Hiram Cooper and one Young.

Completely ignorant of the impending danger,
the boys were found at home. The first warning
they had of the approach of the assassins, under
the guise of officers, was the rapid firing of guns.

The Tolliver-Martin-Logan Vendetta 163

The boys, terrified, ran up-stairs, Mannin and
Craig Tolliver rushing after them. Jack Logan
seized a shotgun, and over the earnest protest of
his brother Billy, fired into the body of Mannin,
inflicting a painful, but, unfortunately, not fatal
wound. Mannin and Craig Tolliver retreated
from the house, while the boys waited tremblingly,
with bated breath, for developments. They saw
there was no hope for them. The smell of burn-
ing wood and clouds of smoke told them of their
peril. By order of Judge Tolliver the posse comi-
tatus had built a fire on the porch intending to
burn the house, and thus force the boys to come
out. The crackling of flames, the shouts and
cruel, derisive laughter of the brutal band out-
side presented a scene such as we read of with
horror in the stories of the Indian wars. Deputy
Sheriff Hogg then requested permission to ex-
tinguish the flames. The other " representatives
of the law " consenting, a parley was held. Hogg
went into the house and offered the boys the
alternative of surrender or death by fire. They
naturally chose the former, hoping against hope
that some miracle might yet save them, or that,
perhaps, their appearing unarmed, might move
the band with compassion and mercy. However,
before leaving the house, they wished assurance
that their lives should be protected. Deputy

164 Kentucky's Famous Feuds and Tragedies

Sheriff Hogg reported to Craig Tolliver, and
that redoubtable officer of the Commonwealth
authorized him to promise them protection. This
assurance was then communicated to the boys,
supplemented by the personal guaranty of Sheriff
Hogg. The boys determined to leave the house.

Billy Logan went down-stairs in company of
Hogg. The younger boy was yet reluctant to
trust himself into the hands of Craig Tolliver
and Bunk Mannin, the town marshal, but being
again assured that no harm should come to him,
he, too, followed and emerged into the yard.
They were led away some fifty feet from the
house to near a spring. There John Mannin
opened fire upon the elder boy, shooting him in
the back. This was the signal for a general
fusilade by Craig Tolliver, Bunk Mannin and
others. The boys fell dead. Not satisfied with
their deaths, the heartless assassins, among whom
Town Marshal Mannin was the most ferocious,
trampled the prostrate forms, stamped them, and
poured volley after volley into the dead bodies,
thus mutilating them beyond recognition.

They were left lying where they had fallen,
a gory, shapeless mass, the glassy eyes upturned
to the sky, in mute appeal to God to avenge this
horrible assassination. God saw, and retribution

The Tolliver-Martin-Logan Vendetta 165

followed close upon the heels of the inhuman
wretches.

Deputy Sheriff Hogg testified afterwards that
he ran away as soon as the firing began. The
murderers joined him, however, before he had
reached town. On the brow of a hill overlooking
Morehead Craig Tolliver halted the red-handed
band and instructed them all to tell the same tale
—that the boys were killed in resisting arrest,
and that their killing had been an absolute neces-
sity.

On the following day D. Boone Logan, a cousin
of the murdered boys, accompanied by H. M.
(Hiram) Pigman and Ap. Perry, went to the
Logan homestead, and found and cared for the
mangled remains of his relatives. On that even-
ing, upon their return home, they were warned
that they would share a similar fate in the event
they attended the funeral.

Up to the time of the murder of the Logan
boys neither D. Boone Logan nor Pigman had
taken any active part in the feudal strife, indeed
they had carefully kept aloof from any act or
speech that might in any way connect them either
directly or indirectly with the faction. Boone
Logan had attested the agreement signed by Craig
Tolliver to remove from the county. But be-
yond this he had remained neutral. Not con-

1 66 Kentucky's Famous Feuds and Tragedies

tent, however, with foully murdering his young
relatives, Craig Tolliver sent to Boone Logan the
exasperating message that he must leave, that he,
Tolliver, would rent his house, and hire Logan's
wife out to make a living for her children. By
threatening D. B. Logan, Craig Tolliver made
the mistake of his life. He conjured up a storm
which passed soon beyond his power to control.
When it broke loose in all its fury on the 22nd
day of June, and the streets of Morehead ran red
with blood, the desperadoes experienced at last
the lash of an avenging God.

Boone Logan made futile efforts to have the
murderers arrested. After several days had
elapsed, Bunk Mannin, the town marshal, went
to Logan and told him that he wished to have a
trial, and that the Tollivers were also ready for
trial. " But," said Mannin, " it must be under-
stood that we attend court with our Winches-
ters." Judge Stewart was also notified by the
Tollivers that they wished a trial, to which re-
quest Judge Stewart made answer that he " would
not hold a bogus trial " and refused to try the
case.

Logan, Pigman and Ap. Perry, in danger of
their lives, yet burning with indignation, entered
into a solemn compact to effect the arrest and
trial of all the parties engaged in the murder of

The Tolliver-Martin-Logan Vendetta 167

the Logan boys. A resolution made by such men
as Boone Logan and his friends meant something
more than mere words. They, too, were men of
action. They went to work in the preparation of
their plan with coolness and circumspection.
Caution was needed indeed. They first attached
to their cause a number of men upon whom they
could rely. Meetings were held at secret places.
Boone Logan was at once chosen as the leader
in the enterprise. In the prime of manhood, of
fine physique and intelligent, he was just the man
to place at the head of such a hazardous under-
taking. Combining indomitable courage with
prudence, sagacity and coolness, he was also a
man of unflinching determination. Such was the
man with whom the Tollivers now had to deal.
Educated, a lawyer of prominence, and a polished,
quiet gentleman, one would scarcely have picked
him out as the man to oppose the outlaws, to
attack them in their very stronghold and give
them battle.

Logan and Pigman avoided being seen in each
other's company, yet the Tollivers by some means
had learned of their secret meetings, and, grow-
ing suspicious, began hunting them high and low.
To relate the many narrow escapes these two men
had from death would fill pages. Every road
was patrolled by the Tollivers, passing trains were

1 68 Kentucky's Famous Feuds and Tragedies

searched, inquiries made everywhere, and insult-
ing messages sent to Logan's family. Shrewdly
he avoided any encounter, but with dogged de-
termination continued his preparations.

On the 1 6th day of June Boone Logan eluded
the vigilance of the Tollivers and succeeded in
reaching Frankfort, Ky., where he asked for, and
was accorded, an interview with Governor Knott.
To him Logan related the existing conditions in
Rowan County, the despotism exercised by Craig
Tolliver and his associates in crime, the horrible
murder of the Logan boys, for which no one had
as yet been molested, and asked for troops to
effect the capture of the outlaws. The Governor
listened attentively to Mr. Logan's representa-
tions, but replied that he had already sent soldiers
to Morehead at the cost of many thousands of
dollars to the State, with no other result than
aiding courts in committing travesties of justice;
that under the circumstances he could not see his
way clear to repeat his experiences with that
county. He then asked Logan what per cent of
the population was actually engaged in the trouble,
and on receiving reply, answered that the good
citizens being so largely in the majority, they
should be able to themselves put down lawlessness.
Logan admitted that he could find a number of
citizens who would be willing to aid him in ar-

Tolliver-Martin-Logan Vendetta 169

resting the outlaws if they could secure the neces-
sary arms. He asked the Governor for the loan
of a few guns from the arsenal at Frankfort, of-
fering to give satisfactory security for their safe
return. The Governor explained that such a
course was unwarranted and a matter beyond
his control. Logan's face turned almost livid for
a moment. He did not blame the Governor, who
acted under the law. But he became exasperated
at the thought that a band of murderers were
under the law permitted to remain in undisputed
possession of his county, his home, while the
Governor seemed without authority to come to
the rescue of order and to maintain the dignity of
the law. Courts had refused to do their duty;
officers championed openly the cause of the mur-
derers; peaceable citizens had been driven from
their homes — -anarchy reigned supreme. These
thoughts filled his brain. Before his mind's eye
appeared the mangled remains of his cousins.
He feared for his wife and children at More-
head. His home might at this moment be re-
duced to ashes and its inmates burned or shot.
The young man's eyes gleamed with a dangerous
fire. His lips quivered while the strong heart
beat almost audibly with excitement, indignation
and utter disgust. At last he spoke, slowly,
firmly, every word full of meaning. It was then

170 Kentucky's Famous Feuds and Tragedies

he made his famous reply, so often repeated and
commented upon :

"Governor," he said, " I have but one home
and but one hearth. From this I have been driven
by these outlaws and their friends. They have
foully murdered my kinsmen. I have not before
engaged in any of their difficulties — but now I
propose to take a hand and retake my fireside or
die in the effort."

Future events proved that these words were
uttered for a purpose other than mere dramatic
effect. The flashing eye told plainly of the pas-
sions that had been kindled in his heart, and the
Governor could not but admire the man's just
indignation and determination to do what the
highest authorities in the State could not do.

The action of Governor Knott in refusing to
send troops to Rowan County has been criticised
by those ignorant of the law and the powers of
the Governor in such cases. The law lays down
the scope of his authority. The power of the
county had not been exhausted in bringing about,
or attempting, the apprehension of the criminals.
He had already responded with troops to protect
the court only to find that the authorities showed
the white feather; that compromises with crim-
inals had been entered into ; that juries and offi-
cers were corrupt, and when trials had occurred

The Tolliver-Martin-Logan Vendetta 171

had proved a farce. No doubt in his heart he
wished for Logan's success. The man had made
futile attempts to live peaceably. Now he in-
tended to act in self-defense. The government
cannot help him — he must therefore help himself.
A man's home, no matter how humble it may
be, is sacred as the King's palace in the eyes of
the ancient common law. To defend it from in-
trusion and attack is man's God-given right, his
duty; Boone Logan set about to retake his fire-
side.

FINAL BATTLE OF MOREHEAD.

JUNE 22ND, 1887.

AFTER leaving Frankfort, Logan hastened to
Cincinnati, Ohio, where he purchased several hun-
dred dollars' worth of Winchester rifles, pistols,
shotguns, and an ample supply of ammunition.
These were boxed and shipped as saw-mill fix-
tures, and consigned to a small station (Gate's)
in Rowan County, some miles from Morehead.

Immediately upon his return to Rowan County
Logan summoned his friends. They responded
with a will. Many came from the neighboring
counties, except Elliott County, which section
sympathized strongly with the Tollivers, whose
relatives were strong there. Sheriff Hogg was
placed in possession of the warrants against Craig
Tolliver and his confederates, charging them with
the recent murders of the Logan boys (June 7th).
It was definitely and explicitly agreed upon and
arranged that the sheriff should demand the sur-
render of the Tollivers, and only in case of their
refusal to comply were the citizens to take a hand.
This, of course, was a mere matter of form. It

172

Final Battle of Morehead 173

was easy to predict to a certainty that the Tol-
livers would not obey the demand of. surrender
by the officers. That had been tried too often
before. Yet the Logan faction desired to exhaust
all lawful means before resorting to bloodshed.

Sheriff Hogg was instructed to demand the
surrender and upon its refusal to retreat in order
to insure his personal safety, and to give the
forces under Boone Logan an opportunity to en-
force the demand.

Thus far all went well. When the morning
of June 22nd came, bright and beautiful, every-
thing was in readiness for the coming struggle.

Logan, with some of his men, was stationed
near the Chesapeake & Ohio Railway Depot. Just
across, at the business place of Vinton & Pigman,
Hiram Pigman, with six or seven men, stood in
readiness to act in concert with Logan. On the
opposite side of the town another detachment was
carefully posted in concealment. The Tollivers
were completely surrounded.

Strange to say, with all their vigilance, they
had remained in utter ignorance of Logan's final
preparations. Logan was despised by them. His
frequent absences from home had been attributed
to fear. Of his visit to Frankfort and his pur-
chase of arms at Cincinnati they knew nothing.

It was late in the morning of the 22nd, when

174 Kentucky's Famous Feuds and Tragedies

an accident revealed to them their danger, though
the knowledge came too late to enable their es-
cape. The wife of a railroad man was visiting
friends at Morehead. Her husband had noticed
bodies of armed men closing in upon the town.
He also knew of the large shipment of arms to
Gate's station. Anxious for the safety of his
wife, after his suspicions had been aroused, he
telegraphed her to leave Morehead at once, that
a battle was impending without doubt. This in-
formation was conveyed to the Tollivers, who
immediately prepared for the attack. Thus it
happened that when the battle commenced, Logan
and his men were put upon the defensive instead
of the offensive, as they had anticipated.

The Logan forces awaited the appearance of
the sheriff to demand the surrender of the Tolli-
vers. He failed to arrive. The sheriff after-
ward testified that he had been prevented by
armed men from entering the town. Be that as
it may, the fight opened without him, and during
the battle neither he nor his son participated.

Logan, unaware that his plans had been be-
trayed to the Tollivers, attempted to communi-
cate with his friend Pigman at the latter's store.
He despatched a young man, William Bryant,
with a note. To his surprise, the Tollivers sud-
denly appeared, armed to the teeth, and opened

Final Battle of Morehead .175

fire upon Bryant. The boy fled for life and es-
caped without a wound.

Logan and Pigman, finding their plans discov-
ered, and the sheriff having failed to put in his
appearance, now commenced the work they had
cut out for themselves and their friends to per-
form. Firing began from every direction — every
man fought independently, as best he could.
Each part of the town became a separate battle-
field. The non-combatants sought safety in flight
or in the shelter of their homes. Black clouds of
smoke hung over the ill-fated town; the air was
stifling with the smell of sulphur. The grim
monster of civil war raged in all its fury. Well
might we say with Chalmers :

" O, the miseries of war ! We recoil with
horror at the destruction of a single individual
by some deed of violence. When we see a man
in the prime of health suddenly struck down by
some deadly aim, the sight of the lifeless body
haunts us for days and weeks, and the shock ex-
perienced, only time can wear away.

" The scene stands before us in daytime, is
the subject of our dreams, and spreads a gloom
which time can only disperse.

" It is painful to dwell on the distressing pic-
ture of one individual, but multiply it, and think
of the agonies of dying men, as goaded by pain,
they grasp the cold ground with convulsive

1 76 Kentucky's Famous Feuds and Tragedies

energy, or another, faint with the loss of blood,
his pulse ebbs low, and the gathering paleness
spreads itself over his countenance; or, wrap-
ping himself round in despair, he can only mark
by a few feeble quiverings, that life still lurks
and lingers in his lacerated body; or, lifting up
a faded eye, he casts a look of imploring help-
lessness for that succor which no sympathy can
yield."

The moment the battle opened, Logan became
the target for many guns from the concealed
Tollivers. The balls fell all around him; plowed
up the ground at his feet and hissed by his ears.
Craig Tolliver and his confederates instinctively
singled him out as their most dangerous adversary
and made every effort to kill him.

The details of the battle are authentically re-
corded in the report of Ernest McPherson, cap-
tain of a detachment of the Louisville Legion, to
the Adjutant-General of Kentucky, Sam E. Hill,
which report was transmitted to the Governor
and reported to the Legislature. , (See documents
1887, No. 23.)

As the Tollivers were coming back, Boone
Logan commenced firing. He was at once de-
serted by the men with him, but continued the fire
which was returned by the two Tollivers, Craig
and Jay, until their Winchester rifles and pistols
were empty. They ran from below the depot to

Final Battle of Morehead 177

the American House, Craig Tolliver's hotel, and
obtaining a fresh supply of ammunition, were
joined by Bud, Andy, Cal and Gate Tolliver,
Cooper and others. All then started on the run
for the Central Hotel. Andy was the first to
reach that building by going through alleys and
back ways. Bud Tolliver, Cooper and the rest
went by way of Railroad Street, under constant
fire from the bushes. Halting near the drug store
they fired upon the concealed enemies and
wounded one Madden. Bud Tolliver was here
shot in the thigh. Cal and Cate, who were mere
boys, assisted Bud up the lane and secreted him
in the weeds back of Johnson's store. They then
rejoined their comrades. Cooper presently
emerged from the Central Hotel and fired upon
some of the Logan men, but was himself shot
through the breast. He retreated into the hotel
and secreted himself in a wardrobe, up-stairs, and
in this place of fancied security was again hit by
a bullet and killed.

The Central Hotel was surrounded, a cessation
of firing ordered and Logan called upon the Tol-
livers to " come out and they should not be hurt."
A message of the same purport was delivered to
the Tollivers by a woman. She returned with
Cate Tolliver, a boy fifteen years of age, who
was disarmed and allowed to go unmolested. The

178 Kentucky's Famous Feuds and Tragedies

others in the house refusing to surrender, Logan
resorted to the tactics employed by the Tollivers
against his cousins and directed his men to fire
the building. The Tollivers broke cover and
started for the bushes. Before leaving the house
Craig Tolliver coolly pulled off his boots, saying
that it had always been prophesied he would die
with his boots on, and that he intended to dis-
appoint the prophets. He emerged in his stock-
ing feet. Jay Tolliver got out the rear way, ran
about fifty feet, was shot three times and fell
dead. Craig and Andy broke from the hotel on
the south side and were greeted with a hail of
bullets. Andy was wounded twice, but not se-
riously, and under cover of the smoke succeeded
in reaching the woods. Craig Tolliver's former
good luck at last deserted him. He ran, firing
at his enemies, down a lane which leads from the
hotel to the railroad track. At the corner of the
drug store already spoken of, Pigman, Apperson
Perry and three others were posted. They in-
stantly opened fire on Tolliver, the score or more
still at the hotel, also continuing their fusilade
upon the fleeing outlaw. Craig Tolliver ran a
few steps beyond the corner of the store, fell,
rose again and, running toward the switch, sank
to the ground to rise no more. He was riddled
with balls and buckshot. To the great regret of

Final Battle of Morehead 179

the Logan men, the man whose death they most
desired, was not injured. This man was Bunk
Mannin, the town marshal, who so brutally mal-
treated the dead bodies of the two Logan boys.

There were undoubtedly some bad men in this
fight against the Tollivers to whom may be
ascribed some excesses which occurred on that
memorable day. But they do not appear to have
been actually connected with the Logans. One
of these men admitted that he fired three shots
into the body of Jay Tolliver after he was down.
This same man afterwards became a willing wit-
ness for the prosecution against the slayers of the
Tollivers. It was this band of guerillas that shot
Cooper while secreted in the hotel, dying from
a wound in the breast. After completing their
inhuman butchery, this same guerilla band sacked
the American Hotel and committed other out-
rages.

The firing was continuous for two hours, ex-
cept while the Logans made proposals to the Tol-
livers to come out and surrender. Over fifteen
hundred shots were fired.

There was a general sense of relief among the
inhabitants when the battle was over and the
dreaded Tollivers were wiped out. A public
meeting was held and largely attended. A party,
styling itself the Law and Order League, took

i8o Kentucky's Famous Feuds and Tragedies

possession of the town and held it until the ar-
rival of troops.

Boone Logan had faithfully kept his word and
retaken his fireside. The sinking sun witnessed
his return to the home from which he had been
banished. His enemies had crossed over the great
divide.

For the first time in many months the town
was quiet. The yells and defiant curses of the
drunken desperadoes were heard no more. The
lips that had uttered them were still. Peace en-
tered Morehead once more. It had been pur-
chased at the price of much blood.

The battle of June 22nd, 1887, was the last
bloody clash between the various factions of
Rowan County. The Tollivers, deprived of their
leader, gave the town a wide berth after this.
It soon resumed its former appearance of thrift
and prosperity. Many of those who had removed
from the county, now returned and took posses-
sion of their abandoned property. Business
houses, closed for many months, were reopened,
the illegal saloons closed tight, and law and order
have been reasonably well maintained in the
county ever since.

Several of the Logan men were indicted for
murder, Hiram M. Pigman, who had been
Logan's right hand man, and of whom the latter

Final Battle of Morehead 181

spoke as the bravest and most circumspect man
on the field that day, was indicted jointly with
Apperson Perry. They were tried by a jury of
Fleming County and promptly acquitted. Logan
was never tried.

"The court was held under the protection of
State troops. The trial lasted for seven days.
Pigman and Perry were shown to be men of ex-
cellent character, neither of them had been parties
to previous killings in Rowan County. The evi-
dence being concluded, the court instructed the
jury. Briefly summarised, these instructions were
' Convict these defendants/ The jury, however,
were really 'good men and true' and to the
evident surprise of the court, and the chagrin
of the prosecuting attorney, returned a verdict
of not guilty. These jurymen had been sum-
moned from the adjoining county of Fleming.
Their names deserve the thanks of all good
citizens of the Commonwealth. Obedience to the
law and protection from the law, are reciprocal
rights and duties, and this jury really decided that
where those to whom it is delegated to administer
the laws, and to protect the lives, liberty and
property of the citizens, wilfully disregard, or
timidly refrain from discharging their duties, the
citizen has the right to protect and defend him-

1 82 Kentucky's Famous Feuds and Tragedies

self." (Capt. McPherson's report. Documents
1887. No. 23.)

The glaring partiality of the court and cor-
ruption of most of its officers he illustrates in
the following language :

" Not infrequently a witness would apply to
an attorney the epithet of liar, and when ques-
tioned relative to some crime charged against him,
a witness would defend his credibility on the
ground that his questioner was guilty of offenses
similar in character, which he would proceed to
enumerate.

" Even the court would express his opinion in
words of abuse and very plainly exhibited his
partiality or prejudice. Indeed, when the case of
the Commonwealth against John Keeton was
called for trial, and the affidavit of the defendant
and two reputable housekeepers, asserting the be-
lief that the presiding judge would not afford the
defendant a fair and impartial trial was by the
defendant handed to the judge, he remarked',
after reading the instrument aloud, that he was
not surprised; that John Keeton would swear
anything; that he had sworn to so many lies al-
ready that it was not astonishing that he (the
judge) would not give him a fair trial. This
observation of His Honor was delivered in the
presence of the jury selected to try John Keeton."

Final Battle of Morehead 183

Reverting to the excesses committed by the
guerillas during the battle and afterwards, Adju-
tant-General Hill says: (Documents, Ky. 1887.)

" Almost every one with whom I talked, heart-
ily approved the day's work, barring some ex-
cesses, which were committed, such as the kill-
ing of the two wounded men after the fight was
over, and the disposition on the part of certain
members of the posse to abuse their victory by
manifesting some disregard of property rights,
which conduct was bitterly lamented by the more
conservative members of the posse, notably Boone
Logan himself. The victors of the 22nd of June
were in the main, singularly moderate and for-
bearing, and it is denied by none of the people
there that they rendered a most valuable service
to the county in overthrowing the outlaws who
had so long terrorized the community/*

During Circuit Court the commanding officers
of the troops noticed one of the sheriffs and
several Tolliver sympathizers in secret consulta-
tions. So suspicious were their actions that they
were watched. In the afternoon these parties dis-
appeared from Morehead. The next afternoon
they brought a box of Springfield rifles, calibre
fifty, by train. One thousand rounds of ammu-
nition accompanied the guns. Col. McKee
promptly seized the arms over the vigorous pro-
test of the Tolliver faction. The court had di-

184 Kentucky's Famous Feuds and Tragedies

rected their shipment " for the purpose of secur-
ing peace and quiet and preventing a fight among
citizens of this community." Another order of
the court declared " arms and weapons are kept
or hidden or concealed, with the intent and pur-
pose of being used by partisans of the factional
war or strife now disturbing the peace, quiet and
good order of said county of Rowan or being
delivered to said partisans " etc., and directed the
seizure of all arms. The officers complied, col-
lecting all arms discovered in the possession of
the Logan faction, and, of course, retaining the
box of Springfields consigned to White, a Tol-
liver sympathizer. Then, strange to say, on
August 24th, an order was issued by the Circuit
Court directing the Colonel commanding the
troops, or rather the Adjutant-General, to im-
mediately deliver to the sheriff the box of Spring-
fields and ammunition to arm a posse of citizens
of Rowan County to make an arrest, and demand-
ing a reply in writing should the officer refuse to
comply with this strange order. The Adjutant-
General replied that he could not comply with
the order for the reason that the arms could not
be released except under direction from the Gov-
ernor.

The effect of obedience to this order would
have been to restore the arms to the Tolliver

Final Battle of Morehead 185

faction, while retaining those of the Logan party,
and to arm a posse, perhaps to be guided by
Deputy Sheriff Hogg, with its recent infamous
history still in mind, would scarcely have been
consistent with the duty of an officer sent to
Rowan County to preserve peace. A day or two
afterwards the court severely censured the Gov-
ernor for not permitting His Honor to arm such
sheriff's posse as he might select. Before depart-
ure from Rowan the officer commanding re-
stored the guns and pistols taken from private
individuals during the term of court.

The box of Springfield rifles was retained and
loaded upon the cars for shipment to Frankfort.
The Tollivers were incensed. Deputy Sheriff
Hogg and Andy White sauntered through town
breathing threats and dire vengeance if the guns
were not left behind. The soldiers loading them,
however, were not disturbed, and the guns were
deposited in the arsenal at Frankfort.

The presiding Circuit judge was soon after-
wards, the following January, brought before the
Legislature on impeachment proceedings. Dur-
ing the long-drawn-out investigation many wit-
nesses were examined, whose testimony fills an
entire volume. The result of the investigation
was censure, a quasi whitewash, and a recom-
mendation to abolish the county and attach it to

1 86 Kentucky's Famous Feuds and Tragedies

another. But this would have meant nothing
more nor less than to saddle upon innocent people
the settlement of a controversy. To have trans-
ferred the county to another district would have
resulted in involving other sections hitherto not
affected by the trouble. To have abolished the
county would have been an open acknowledgment
of the weakness of the State to execute its laws
and to cope with crime. It was this confidence
of the lawbreakers that their crimes would never
be punished, and the belief of many good citizens
that the machinery of the law was set in motion
only in the interests of certain parties, that was
responsible for the long-continued, shameful dis-
orders in Rowan County.

THE FRENCH-EVERSOLE WAR,

THE scene of this war was Perry County, Ken-
tucky, one of the most mountainous sections of
all Southeastern Kentucky. Hazard, the county
seat, was then a small, but very "thrifty and en-
terprising village. It was called a town. Right-
fully it ought not to have aspired to that title. It
is situated on the North Fork of the Kentucky
River, and was built in scattered fashion, between
abrupt hills in the rear and the river, with but a
single street running through it.

Here at Hazard was the cradle of the feud
which for years filled newspaper columns and fur-
nished most sensational reading. Many of the
stories which have gone out to the world had,
however, no other foundation than a lively imag-
ination of newspaper writers who were anxious
to fill space and to please the readers that loved
the sensational. In this purpose they have suc-
ceeded admirably.

Here at Hazard resided the chieftains of this
war — Joseph C. Eversole, and Benjamin Fulton
French.

Both were men of fine business abilities, sue-

1 88 Kentucky's Famous Feuds and Tragedies

cess fully engaged in the mercantile business; both
were prominent, able lawyers of the Perry courts;
both were in easy financial circumstances.

Eversole was extensively related in Perry and
adjoining counties.

French had originally come from the State of
Tennessee, but had married a Kentuckian and by
marriage had become related to influential fam-
ilies of Breathitt, Leslie and other counties.

Prior to the difficulties which eventually ar-
rayed them against each other, Eversole and
French had been apparently close friends.

A misunderstanding over a rather trivial mat-
ter furnished the basis of their future enmity,
an enmity to the death.

The bird on the snowy alpine slope starts an
insignificant slide. It increases as it rolls down-
ward and becomes an avalanche ; thundering into
the valley below, carrying everything before it
and leaving a path of desolation, destruction and
death behind it.

So a trivial difference over a business trans-
action opened graves for many brave and gen-
erous men, desolated happy homes, and for a long
time heaped shame upon the name of Perry-
County and the State at large.

French and Eversole disagreed and quarreled.
At each subsequent meeting the quarrel was re-

The French-Eversole War 189

newed with ever increasing bitterness; menacing
threats were freely indulged in until the vials of
hate became filled to overflowing. A theretofore
existing sharp business rivalry materially assisted
the estrangement from the start. As stated, both
were engaged in the mercantile business in which
each tried to outdo the other, often at a material
loss.

Serious trouble might yet have been averted
through the interference of honest friends but
for an unfortunate circumstance, which involved
them to such an extent that the breach became
irreparable.

The circumstance referred to might, however,
never have had serious consequences had it not
been for the pernicious activity of the slanderous
tale teller. In this feud, perhaps more so than in
any other of the internecine strifes which, during
the eighties added to the significance of the title,
the " Dark and Bloody Ground," and intensified
the crimson hue of its history, we find those who
shunned battle, feared to oppose their breasts to
the shock of bullet, but gloried in pouring oil
upon the flames, without danger to themselves.

In such a struggle the tale-bearer is more dan-
gerous than powder and shot. Morally and
legally, he who instigates a murder, even by in-
direction, is as much a murderer as the man who

Kentucky's Famous Feuds and Tragedies

fires the gun and accomplishes the bloody deed.
With the countenance of the saint such a man
will seek the confidence of both sides. He loves
to pose as a peacemaker; he preaches brotherly
love. Yet, when the trouble is about to abate, he
seems to regret it, for then he seizes upon every
chance, uses every opportune moment to convey
some confidential intelligence to the party or
parties for whose ears it had been least intended.
The strife is renewed; passions are rekindled;
yet, while men welter in their hearts' blood,
widows mourn and orphans cry, the traitor, the
tale-teller, the scandal peddler, maintains his
saintly countenance and bewails the fate of the
unfortunates.

Yet it is not always the spoken slander, the
spoken tale, that hurts. The old adage that " si-
lence is golden " is not to be applied in all cases.
Silence is often even more dangerous than spoken
words.

Silence may become a greater liar than the
tongue. We often hear the expression " if you
cannot speak good of any one, say nothing ! " Yet
silence is the most bitter, poisonous, insidious
tradttcer. Silence may convey contempt more
completely than a torrent of spoken words.
Silence is most treacherous because it places the
burden of its interpretation upon the other side.

The French-Eversole War 191

That interpretation may be wrong, but the silent
slanderer does not correct it.

Silence is also many sided. It may mean con-
sent; it may mean denial. It does incalculable
harm without being in the least responsible or
actionable. One cannot horsewhip one for injury
to character through silence. Silence and innu-
endo are closely related; both are the most dan-
gerous weapons of the moral coward.

Spoken lies are soon forgotten. They " rile "
the blood — but that passes. Spoken lies are
tangible, as it were, and may be met. Silence
and innuendo are like enemies in invisible am-
bush. One cannot attack an invisible foe.

What we have reference to might best be il-
lustrated by the following dialogue the writer
once overheard :

A. " Tell me truly, did he make that charge
against me ? "

B. turns away and refuses to answer.

A. " I heard he had made that charge against
me to you and threatened my life — is this true? "

No answer.

A. " I may then presume by your silence that
it is true what I have asked you about ? "

No reply.

Result of silence: A homicide, and the destruc-
tion of two families.

192 Kentucky 's Famous Feuds and Tragedies

Asked later on why he did not nip the trouble
in its incipiency by resorting to a white lie, B. an-
swered with asperity that A. had put his own con-
struction upon his silence and refusal to have any-
thing whatever to say in their controversy. On
the stand B. admitted that the third party in
question had not told him what A. had inquired
about. Ergo: B. was morally responsible for
the homicide, as much so as the man that pulled
the trigger.

Reverting to the circumstance which completed
the breach between French and Eversole : A cer-
tain friend (?) of French conveyed information
to Eversole that he, French, sought his life.

This informant was a clerk in the store of
French and known to be in his confidence. Nat-
urally, under such circumstances, Eversole gave
the report credence. Why not? We are ever
ready to believe and accept as true anything that
is spoken of an enemy, and French and Ever-
sole had already become such in their hearts, if
not outwardly.

The tale-bearer, who shall be nameless, related
how French had planned to rid himself of his
business rival and thus make for himself a clear
field for mercantile operations; that French ex-
pected to accomplish his purpose with the aid of
trusty, hired assassins, and that one part of the

The French-Eversole War 193

plan, the employment of reliable murderers, had
been entrusted to him, the informant, who had
been promised any amount of money necessary
for this purpose, and a partnership with French
in the business as a further reward for his ser-
vices.

Whether for real or imaginary causes, this tak-
bearer had become intensely jealous of French
over a woman. He sought consolation in re-
venge; one of the. first steps toward the consum-
mation of his desire to ruin his " rival in love "
had been the bearing of the tale referred to to
Eversole.

Eversole, after weighing carefully the state-
ment, seemed to have entertained some doubt of
its truth, and requested a sworn affidavit contain-
ing the statements made. This the tale-teller
readily prepared with such clearness of detail as
to cause Eversole to dismiss all doubt of the
truth of the revelations and at once prepared to
meet his enemy well.

French saw the ominous gathering of the Ever-
sole clan, fully armed, and surrounded himself
with an equally strong force.

Both of the belligerents kept busy recruiting
among their friends and kindred in Perry and
even adjoining counties. Man after man was
added to the clans, some joining them bound by

194 Kentucky's Famous Feuds and Tragedies

the strong ties of relationship or friendship, the
most, however, were attracted by promises of
good steady pay, and an opportunity to violate the
law on a grander scale than they would have
dared to do single-handed.

The first murder occurred shortly after the
gathering of the clans.

One of French's staunchest friends, one Silas
Gayhart, was shot and killed — from ambush.

This mode of warfare was resorted to in this
feud perhaps more generally than in any of the
others. It must not be attributed altogether to
cowardice — this murdering from ambush. It has
many advantages. Of course, killing an enemy
from ambush puts the slayers out of danger.
That is one consideration, but the chief est one
is that it is almost impossible to fasten the guilt
of the crime upon the proper person. When men
are banded together for the, purpose of commit-
ting crime, the sanctity of an oath is easily laid
aside when an alibi becomes necessary. The en-
tire population of the county may know the as-
sassins, point them out to you as they stalk
proudly along, yet, when it comes to trials by
jury, the evidence seems to signally fail to con-
nect them. The very men that might have told
you in confidence the most damaging circum-
stances connecting the accused with crime, will,

The French-Eversole War 195

on the stand, disclaim all knowledge, or so soften
down their statements that no jury could, under
their oaths, find a verdict of guilty.

In this murder of Gayhart at least a dozen
white men and some negroes participated. It is
unfortunate that circumstances do not permit us
to give the names of them. They should be pre-
served for posterity, and added to the list of feud
heroes. As no one was ever indicted for that
cowardly assassination, although its perpetrators
were well-known throughout the county, history
must necessarily remain silent in so far as the
publication of their names is concerned.

It has been stated and contended that the kill-
ing of Gayhart was an affair entirely disconnected
with the French-Eversole controversy; that the
man had fallen as the victim of a quarrel with
persons not members of the clan. This may be
true and it may not. It is difficult in such social
upheavals to get at the unvarnished truth. When
crimes are committed under cover of black night,
from well-secreted places, suspicion might point
in the wrong direction and accuse the innocent.
For this reason it is best to abstain from charges
not definitely established beyond any sort of
doubt. The result of the Gayhart murder, how-
ever, was the same as if he had been publicly as-
sassinated by the Eversole clan, for French be-

196 Kentucky's Famous Feuds and Tragedies

lieved that Gay hart lost his life because of his
friendship for him.

French sent out more recruiting officers. The
increase of his " army " forced the Eversoles to
do likewise. How similar is this to the struggle
of nations to maintain superior armies and navies.
It is not strange, after all. Communities stand
relatively in the same attitude as do nations. A
community is a miniature state, nothing more.

The little village of Hazard, with its one hun-
dred inhabitants, was now thrown into a state of
perpetual excitement which continued uninter-
rupted through the summer, fall and winter of
1887.

That no battle was fought was due to the ex-
treme caution with which the clans watched each
other's every move.

. Then early one morning the Eversole faction
learned to their astonishment that French and his
army had evacuated the town during the night.

Many theories were advanced in explanation of
this singular action. Some attributed it to fear.
Those better acquainted with the temper and
make-up of the French clan scouted that idea and
suggested that French was seeking reinforcement
in the country, and that at an opportune moment
he would sweep down upon the village, trap the

The French-Eversole War 197

hemmed-in Eversoles, and annihilate them with
overwhelming forces.

This seemed a rational conclusion. With
French gone from town, Eversole declined to be
caught in such a trap, as trap it would have been,
and to prevent the execution of French's plan
the Eversoles themselves retreated to a section
of the country peopled with their sympathizers.

However, Eversole did not leave Hazard open
to undisputed occupation. He left a bait there,
a small force. If French should learn of the
weakness of the garrison he would be tempted
to sweep down upon it. In doing so he would
find Eversole striking in his rear. French him-
self was shrewd and refused to fall into the trap.

Eversole scouted everywhere, frequently on the
trail of French. During the month of June, in
the dark of night, the latter reentered Hazard,
took possession of his fortified places where most
of his men remained secreted, while the more dar-
ing of them walked the streets the next morning,
bantering the Eversoles that had been left in town.
Their leader was at once notified by messenger
to the country of the state of affairs. He had but
few men with him at that time, but with these
started for town. Seven or eight men, fortu-
nately for him, joined his ranks on the way.

It was late in the day when Hazard was

198 Kentucky's Famous Feuds and Tragedies

reached, but the lateness of the hour did not
defer attack. From well selected positions the
Eversoles opened a plunging fire upon the
housed-up French men. These replied to the
fusilade with equal spirit. Hundreds of shots
were fired at a great expenditure of ammunition
and without appreciable result. Only one man
was seriously wounded on the side of French. No
casualties were admitted by the Eversoles.

The darkness of the night brought the en-
gagement to a close. French withdrew from
town.

This kind of almost bloodless warfare con-
tinued throughout the summer with no decisive
result. Both clans grew weary. Great expense
had been incurred in keeping a large, paid army.
The leaders were threatened with bankruptcy.
So when the friends of both sides interceded,
French and Eversole seemed more than willing
to appoint and send representatives to a confer-
ence, which was held on Big Creek in Perry
County. It was attended by prominent citizens
of both Perry and Leslie counties, who were
anxious to bring about a settlement of the war.

Articles of agreement were finally drawn up,
in which the belligerents agreed to return to their
homes, to disband their armies, and to surrender
their arms and ammunition.

The French-Eversole War 199

This agreement was duly signed by the repre-
sentatives of the clans and duly witnessed.

In accordance with this agreement, French sur-
rendered his arms to the county judge of Leslie
County, while Eversole placed his guns in charge
of Josiah Combs, county judge of Perry County.

The clans disbanded. Still, there were but few
who promised themselves lasting results from the
Big Creek Treaty of Peace. It was nothing more
than a scrap of paper. The compromise had not
been prompted by any desire for friendship.

Its underlying motive was mercenary. The
chieftains sought merely to avoid financial outlay.
The welfare of the country, respect for the law,
these were considerations of secondary impor-
tance only, if taken into account at all. This may
be fairly deducted from the fact that the old dis-
trust of each other never vanished. The grudge
was there, it rankled still.

Indeed, it was but a short time after the con-
clusion of the treaty that French claimed to have
unquestionable authority for the charge that Ever-
sole had violated the stipulations by repossessing
himself of the guns. These, as we have seen,
had been turned over to Judge Josiah Combs,
who, by the way, was the father-in-law of Joe
Eversole.

When Eversole was confronted with this breach

2OO Kentucky's Famous Feuds and Tragedies'

of a solemn treaty he attempted to justify it by
declaring that at no time had it ever been ob-
served by French, who, he maintained, had never
in fact disbanded his army, and that the surren-
der of arms had only been partial, a blind.

Whether these reports had been actually
brought to the ears of the chieftains, or had been
invented by them in order to manufacture some
sort of pretext upon which to renew hostilities,
must ever remain in doubt. Future events seem
to prove rather clearly that neither of the parties
was in very good faith toward keeping the peace.
Both French and Eversole appeared singularly
well prepared to re-enter the war. The ink had
hardly dried on the treaty when Perry County
was again thrown into turmoil and strife.

What had the authorities been doing during
this period of quasi warfare ? We find absolutely
no record of any sort of any attempt to maintain
the dignity of the law.

As in Rowan County, many of the court offi-
cers were rank partisans, who used their power
to protect in outlawry their own particular
friends and kindred. Those not in their favor
had little cause to appeal to the law, had they
been inclined to do so, which they were not. It
seemed to suit both sides perfectly to let justice

The French-Eversole War 201

sheath her sword and stand idle, and — blind as
usual.

On the 1 5th of September, 1887, Joe Ever-
sole and Bill Gambriel, a French sympathizer,
met in the streets of Hazard, when a quarrel en-
sued. This was followed by a most sanguinary
duel in which Gambriel was killed.

Gambriel was a minister of the gospel, a typ-
ical mountaineer, tall, powerful and game. He
would fight at the drop of a hat and drop the hat
himself. It was said of him that he considered
moonshine whiskey of much benefit for the
stomach, and a game at cards an agreeable di-
version from the cares and toils of life. It was
said of him, too, that he carried a testament in
one pocket, a deck of cards, a bottle of liquor and
a pistol in the others. This had been told in a
joke; but straightway this description of him was
accepted as a fact and was widely published in
the papers at the time.

The truth of the matter is that he was a man
who entertained rather singular, independent and
free ideas of the duties of a preacher. He was
a good man, and had a wide circle of friends.

Joe Eversole was physically a small man, of
slight stature, but quick and agile as a boy. Cer-
tainly he was fearless.

When such men engage in combat blood is sure

202 Kentucky's Famous Feuds and Tragedies

to flow. As to who began the difficulty there is
but little doubt. Official reports to the Governor,
which will be found later on, place the blame upon
Eversole.

After a short exchange of blows between the
men, Gambriel was fired upon by secreted friends
of Eversole. Attempting to escape by running
around a house, Gambriel was fired upon from
another quarter and fatally wounded. Staggering
and reeling, he turned upon Eversole, who fired
into his head, instantly killing him.

Several parties were indicted for the murder,
but one only was tried. The trial resulted in a
hung jury the first time, and in an acquittal on the
second trial. It has always been an open secret
about town that the man who fired upon Gam-
briel while he attempted to escape death, has
never been indicted, and that he was an officer at
that time.

The killing created intense feeling. Gambriel
had many friends. He was a staunch French ad-
herent and it was well within the course of rea-
son for French to regard the killing of the man
as a challenge. The Eversoles themselves be-
lieved that Gambriel's friends would not pass
lightly over the homicide and prepared to meet
all danger. The clans, disbanded (?) but a short
time before, reassembled and for several months

The French-Eversole War 203

roamed the ill-fated county at will, terrorizing
its inhabitants and defying the law.

But little fighting was done. It seems that
they contented themselves with maneuvering,
marching and counter-marching. In such war-
fare, if warfare it was, the innocent were made
to suffer more than the warriors.

Such an armed vagabondage was as useless as
it was silly. It furnished material for the sensa-
tional newspaper, but even these failed to discover
anything of the heroic about this campaign.

The leaders must have felt something of that
themselves, for during the winter the armies were
again disbanded. Permanent restoration of
peace, however, was not to come to Perry County
yet for a time.

The apparent calm through the winter was
suddenly disturbed in the following April, when
the news of the brutal assassination of Joseph C.
Eversole and Nick Combs excited and horrified
Hazard.

On the morning of April I5th, 1888, the valley
of Big Creek, Perry County, became the scene of
a tragedy which might well cause one's blood to
run cold with horror, one's cheek to blush with
shame.

On the Sabbath day, when human hearts should
turn to God in prayer, when nature even seems

2O4 Kentucky's Famous Feuds and Tragedies

to bow in reverence, the birds of the forests sing
His praises with more than usual sweetness, two
lives were hurled into eternity without warning,
murdered, butchered from ambush.

When a man resents an insult, when passion
clouds all reason, and in momentary frenzy, under
the impulse of hot, red blood, he shoots his fel-
low man, there is yet some excuse. But when
men with the savage instinct of beasts of prey
fall upon their unsuspecting victims from ambush,
like the tiger that glides noiselessly through the
thick jungle and suddenly springs upon its prey,
then the word man becomes a mock and devil is
the proper epithet.

Nowhere in the valley of Big Creek could a
more suitable spot have been selected from which
to accomplish such a hellish crime as was com-
mitted on that fatal Sunday morning, than the
one chosen by the red-handed demons.

The valley is narrow, the hills enclosing it are
steep, rugged and covered with dense forest. The
spot where the murderers were in hiding, com-
manded an uninterrupted view of the road up
and down the valley. Nothing short of a lynx's
eyes could have penetrated the leafy, thicket-
grown murderers' retreat.

On the day of the murder, Joe Eversole, in
company of his father-in-law, Judge Josiah

The French-Eversole War 205

Combs and the latter s youthful nephew, Nick
Combs, bade a last farewell to his family and
the host of friends at Hazard and started for
Hyden where the regular term of the Circuit
Court was scheduled to begin the following morn-
ing. This court Eversole and Judge Combs had
always attended, having been practising mem-
bers of the bar there for years. Of this fact the
assassins had been well informed.

They seemed to have feared that their intended
victims might possibly leave for Hyden a day or
two in advance of court, which they had done on
several occasions in the past, so the murderers
prepared for such an exigency and stationed
themselves at the ambush for at least a day before
that memorable Sunday.

Their patient waiting was rewarded on Sunday
morning by the appearance of the victims. On
the way the three travelers were joined by one
Tom Hollifield, an officer, who was conveying a
prisoner, Mary Jones, to Hyden. Judge Combs
rode by the side of the officer, well in advance of
Eversole and young Nick Combs.

They had passed the ambush some forty yards
or more, when suddenly the roar of rapidly fired
guns echoed and re-echoed through the valley. At
the sound of the shots Judge Combs turned and
saw, to his horror, that the messengers of death

206 Kentucky's Famous Feuds and Tragedies

had accomplished their cruel mission, saw Joe
Eversole and Nick Combs fall from their rear-
ing and plunging horses, saw them struggle in
their blood and then lay still.

Paralyzed with horror and agony, he gazed
upon the scene. He had no sense or realization
of his own danger, for in danger he had been.
It was purely accident that he had ridden in
advance of his kinsmen.

One of the assassins climbed down the steep
hillside and approached the body of Nick Combs,
who was then in his death-throes. He had
fainted, but upon the approach of the assassin,
opened his eyes.

The murderer, finding life still lingering in the
mangled, bleeding body, raised his rifle to finish
the bloody work. The youth begged piteously
to shoot him no more, that death would claim
him in a few moments. Mountains might have
been moved by his pleadings, but not the heart
of the cowardly assassin. " Dead men tell no
tales," he exclaimed, with a smile of derision
upon his lips. Slowly he raised the Winchester
rifle, placed the muzzle against the boy's head
and fired, dropping the eyeballs from their
sockets.

The murderer then calmly rifled the pockets

The French-Eversole War 207

of Eversole of their contents and retreated, thus
adding the crime of robbery to that of murder.

Judge Combs, brought to himself, spurred his
horse to utmost exertion and dashed like a maniac
into Hyden to bring the news.

The scene of the crime was within about three
hundred yards of a house. Shortly after the
shooting one Fields, the owner of the house or
cabin, and one Campbell proceeded to the scene
of the tragedy.

They found the dead in a pool of blood, lying
within a few feet of each other. They discovered
Eversole's pockets turned inside out. Nick
Combs1 horse was found, shot, in a little meadow
by the side of the road, while Eversole's horse
was afterwards caught some miles further down
the stream.

The news of the tragedy aroused the people to
instant action. A force of men was assembled,
who started upon the trail of the murderers. The
place of ambush was found. It was located
exactly sixty-one feet from the point where the
bodies had been found, in a dense spruce-pine
thicket. Several of the pine bushes had been bent
over and the tops tied together, thus forming a
complete screen and shelter.

Behind this blind or screen they found a con-
siderable depression in the earth, a natural rifle

208 Kentucky's Famous Feuds and Tragedies

pit. This had been filled with leaves and ap-
peared packed and trodden into the ground.
Numerous footprints were plainly visible. Rem-
nants of meals were also found. Everything
tended to confirm the theory that the assassins
had been there for at least two days before the
killing. From this screen the trail was followed
up the hill until it divided. One of the trails led
to the top of a high ridge, one turned to the right,
another to the left. This discovery proved that
there had been at least three assassins. When
this fact became known the pursuers retreated,
seemingly afraid of an ambush. They reasoned
that three or more men so desperate as to commit
a cold-blooded double murder in the broad-open
light of day, almost in sight of human habitation,
would and could, in this wild mountain region,
successfully fight an even larger force than was
at the command of the pursuers.

The bodies of Ever sole and Combs were con-
veyed to Hazard in the afternoon and consigned
to their graves amid a great concourse of sorrow-
ing people.

Thus the bloody drama ends. The sombre cur-
tain of mourning falls. The story of the brutal
assassination is finished. Justice hides her head
in shame for no one has ever been punished for it.

The French faction was at once openly charged

The French-Eversole War 209

with responsibility for the outrage. French him-
self was indicted. So boldly and undisguised
were these accusations circulated that French
feared for his safety and again surrounded him-
self \yith men. He almost immediately withdrew
from town and scouted through the country.

If those who committed the murder of Ever-
sole, or their accessaries, had hoped to thereby
crush the enemy, they found themselves sadly
mistaken. The vacancy created by the death of
Joe Eversole was quickly and ably filled by John
Campbell, a man of acknowledged bravery, as
well as caution, and well-fitted as a leader in such
a struggle.

He surrounded the town with guards; squads
of men patrolled the streets; his force made re-
peated scouts into the neighboring hills. No man
not in possession of the password could enter
town. An unauthorized attempt to do so drew
upon the rash one the fire of many guns. Camp-
bell had been for days in hourly expectation of
an attack by French. He, therefore, believed
it wise to resort to military methods and disci-
pline. The rigid order to shoot any . one who
dared to pass into town without first giving the
pass-word resulted in his own death.

He was returning one night from his usual
rounds when, on approaching a sentry, he found

2io Kentucky's Famous Feuds and Tragedies

him asleep. He ordered him harshly to arise,
when the man, half asleep, and dazed, threw the
gun to his shoulder and fired. Campbell uttered
a groan and fell heavily to the ground.

The sentry, on perceiving his mistake, gave the
alarm; the wounded chieftain was carried to his
home, where an examination of his wound by
"the surgeons disclosed the fact that he had been
fatally wounded. He lingered, however, for
more than thirty days in intense agony before he
died — the victim of his own precautions.

During Campbell's leadership one Shade Combs
conceived the grand idea that he was the man who
might summarily end the war by killing off cer-
tain obnoxious members of the French faction.
He communicated his plans to Campbell, who
furnished him the required men. But by some
means Combs' intended victims had gotten wind
of his scheme and forestalled it in such manner
that the hunter now became the hunted. One fine
morning, while saddling his horse, a well-directed
shot from ambush ended his life.

Such were conditions in Perry County during
the summer and fall of 1888. People who had
continued entirely neutral, grew exceedingly
nervous. One never knew when his turn would
come next to die from a shot from the bushes.
The law had utterly failed to give the citizens the

The French-Eversole War 211

protection to which they were entitled. The state
and county government enforced the collection of
taxes but seemed unable to enforce the law.
Had the people of Perry County withheld their
hands from their purse-strings and refused to pay
taxes, we honestly believe that the high authori-
ties would very quickly have found or invented
a remedy for the lawlessness which was depriving
the State of revenue. The citizens of Perry
County would have been justified in a rebellion
against taxation, unless the government protected
them in their rights. When people are taxed,
they in turn are supposed to have their lives and
property protected. When one consideration of
a contract fails, the other may be avoided.

On the Qth of October, 1888, the news of an-
other assassination increased the terror of the
people. Elijah Morgan, a French adherent, a
man of courage and unswerving determination,
was shot and killed within less than two miles of
Hazard — shot from ambush.

On the morning of his death he and one Frank
Grace were on their way to town in pursuance
of an agreement that had been entered into by
him with members of the Eversole faction. Mor-
gan was the son-in-law of Judge Combs, but in
spite of all efforts from that direction to throw
his influence with the Eversoles he had continued

212 Kentucky's Famous Feuds and Tragedies

to remain loyal to French and for this he was
promptly slain.

His death had been decreed some time before
this, but his shrewdness and knowledge of the
tactics of his enemies had made him a very slip-
pery proposition. A ruse was, therefore, resorted
to. For a short time previous to his death Mor-
gan had frequently expressed his desire for peace,
an earnest wish to lay down his arms, and to be
permitted to return to peaceful pursuits. This
commendable desire on his part assisted his
enemies in the formulation of plans for his de-
struction. They assured him with every pledge
of sincerity that he should not be molested; that
he might freely come to town whenever he
wished; that on a certain day (the day of the
murder) if he would meet them at Hazard, they
would all renew the friendship that had existed
until the feud tore them asunder.

Morgan promised to attend the proposed peace
jubilee. Little did he dream that the pretended
friends were cold-blooded, calculating enemies,
seeking his life under the miserable mask of
friendship ; that to be certain of success, to avoid
any possible miscarriage of the plot, every avenue
of escape had been carefully considered and
guarded against.

The French-Eversole War 213

Assassins were placed at various points along
the road and at convenient spots in town.

The actors in the tragedy were all at their posts
when Morgan stepped upon the scene, unknow-
ingly playing the chief role.

Within less than two miles, in fact, but little
more than a mile from town, at a spot where the
road is flanked by large overhanging cliffs on one
side and the steep river bank on the other, Mor-
gan was fired upon. With a bullet in his back
he sank to the ground. A number of shots fol-
lowed the first one. Grace was driven to cover.
Morgan, in his death struggle, rolled over the
river bank where a small tree arrested further
descent. Grace, not daring to abandon his place
of comparative safety, remained a helpless spec-
tator of the agonies of his dying friend.

Country people, traveling toward town, at last
came to Morgan's relief, but he died within a few
hours.

As soon as the alarm had been given, a posse
of his friends started in pursuit of the murderers,
but nothing came of it.

The French faction openly charged the Ever-
soles with the murder. The Eversoles expressed
indignation at the imputation. They had no right
to complain. On other occasions they had them-
selves preferred similar charges against French

214 Kentucky's Famous Feuds and Tragedies

upon no better authority than suspicions based
upon suspicious circumstances. The murder of
Morgan had followed closely upon the heel of
the assassination of Shade Combs for which the
Eversoles held the French faction responsible.
Certainly there were some well-grounded sus-
picions that the slaying of Morgan was an act of
retaliation on the part of the Eversoles.

Now the State government and the circuit
judge began to take a hand in the matter. It
was time. Circuit Judge Lilly, a gentleman of
the highest type, an able jurist, had somehow or
other seemed unable to inspire the district with
respects for his courts. This district embraced
the counties of Breathitt, Letcher, Perry, Knott
and others. In each of those lawlessness had
spread to such an extent that the judge found
himself defied on every hand and felt himself
compelled to request the State to furnish troops
for his courts.

This led to the following spirited correspon-
dence between the Governor and Judge Lilly :

Hazard, Ky., Nov. 13, 1888.
To the Governor of Kentucky :

Sir: — Captain Sohan has succeeded in organ-
izing a company of about ,45 State Guards in
Perry County. He informs me that he has no
orders and does not know whether he will be

The French-E versole War 2 1 5

ordered back to Louisville or to go with me to
Whitesburg, thence to Hindman and thence to
Breathitt ; but, in any event, expects to be ordered
away from here very soon. Mr. B. F. French is
here with 15 or perhaps more men, well armed,
and the people are so much alarmed, fearing that
they will be left to the mercy of these men, that
I have decided that I will take the responsibility
upon myself to order the Perry Guards- on duty,
hoping that you will approve my action and order
them on duty, and let their pay begin on the I7th
instant.

I will not attempt to hold courts at Letcher,
Knott, or Breathitt unless you send guards along.
No good can be accomplished by holding courts
in any of those counties without a guard. If a
sufficient guard is present, I think that much
good will be accomplished in and by the moral
effect it will have on the people by showing them
that you are determined to have the courts held
and the laws enforced, and to give protection to
the good citizens.

Please write me and send by way of Manches-
ter, as I shall return that way, and if I do not
receive your letter here, can get it on the road.
If you order the guard to go with me I will go
and hold the courts if not Providentially hin-
dered.

I remain, Yours truly,

H. C. LILLY.

The Governor answered in rather caustic man-
ner.

2i6 Kentucky's Famous Feuds and Tragedies

Governor Buckner*s Reply.

EXECUTIVE DEPARTMENT.

Frankfort, Nov. 2;th, 1888.
Hon. H. C. Lilly, Judge, Irvine, Ky.

Dear Sir: — I have the honor to acknowledge
the receipt of your communication of the I3th
inst. from Hazard, Perry County, in which you
say " Mr. B. F. French is here with 15, or per-
haps more, men, well armed, and the people are
so much alarmed, fearing that they will be left
to the mercy of those men, that I have decided
that I will take the responsibility upon myself
to order the Perry Guards on duty, hoping that
you will approve my action and order them on
duty, and let their pay begin on the I7th inst."

At the time I received your communication I
was in communication with the sheriff of Perry
County. I inferred from his statements that
there was no immediate danger of an outbreak
or opposition to the civil authorities ; and, second,
that but slight effort had been made by him to
arrest violators of the law.

Your own statement does not inform me of
anything more than a vague apprehension in the
public mind, and does not advise me that the
civil authorities cannot suppress any attempts
at disturbance by employing the usual force of
civil government. / assume that if danger had
been imminent, both you and the sheriff would
have remained on the ground.

The object of furnishing troops on your ap-

The French-Eversole War 217

plication was to protect the court in the discharge
of its duties, and not to supercede the civil au-
thorities by a military force.

Under the circumstances I do not feel author-
ized to call the local militia into active service.
Respectfully, your obedient servant,

S. B. BUCKNER.

The letter of Judge Lilly is significant as an
admission of the cowardice of the entire popu-
lation. He says " Mr. B. F. French is here with
fifteen, or perhaps, more men, well-armed, and
the people are so much alarmed fearing that they
will be left to the mercy of those men " and so on.

Had Judge Lilly been correctly informed? If
so, what had become of the boasted bravery of
Kentucky mountaineers that the manhood of an
entire county, containing many thousand inhabi-
tants, should shiver and tremble like frightened
sheep and tamely submit to the intimidations of
a band of FIFTEEN, or perhaps more, men.

Was it possible that in this land of the free and
the brave the proportion of brave men stood fif-
teen to one thousand cowards ? Oh no ! The au-
thorities had simply never put the law-abiding, the
true citizen element, in a position to show its
mettle; it had never been given a proper test.
The attempt to restore order had not been made
at all; if it had, it would have succeeded. No

2i8 Kentucky's Famous Feuds and Tragedies

outlaw band, however strong, can, or will, long
defy the law when a firm and determined move
is made to enforce it. Why is it that one cour-
ageous blue-coat policeman can scatter a crowd?
It is not his bulk, his figure, but the uniform he
wears, the badge of authority — the law. If he
is a credit to that uniform he may, single-handed,
disperse a mob. The consciousness of having
the law behind him makes him dauntless; the
thought of duty steels his nerves. If those en-
trusted with the execution of the law in Perry
County had made one firm, unflinching effort to
uphold its dignity, the period of assassinations
would have ended then and there. The history of
lawlessness in Perry County furnishes ample les-
sons to other counties, and to other states, for
that matter.

Governor Buckner aptly expressed his opinion
of the situation when he terms the " fears and
alarms " of the people as " anything more than a
vague apprehension in the public mind."

Judge Lilly probably accepted the trembling
cowardice of a few as the criterion by which
to measure the manhood of an entire county.

However, on the 29th of October, the Governor
notified the Adjutant-General to forward troops
to Hazard. His report to the Governor later on
furnishes interesting reading, as does the report

The French-Eversole War 219

of the commander of the expedition, Captain J.
M. Sohan.*

ADJUTANT-GENERAL'S OFFICE.

Frankfort, Ky., Nov. 14, 1888.
To his Excellency, Governor S. B. Buckner.

Dear Sir : — Pursuant to Executive order, bear-
ing date the 2gth ult., I left Frankfort on 315!
and proceeded to Hazard, the county seat of
Perry County, arriving there noon of Sunday,
the 1 4th instant, where I remained till Thurs-
day, the 8th, when I left on my return, at 10
o'clock A. M.", arriving here Saturday morning.
Hazard contains near 100 inhabitants, when they
are all at home, but I was told that not more
than about thirty-five people were at home when
I reached there, the rest of the population hav-
ing refugeed in consequence of the French and
Eversole feud which has distracted the people
of the town and county for more than two years,
and during which some ten men have died by
violence as the result thereof. Many of the
refugees returned before I left there, a number
having joined the troops en route, and returned
under their protection to Hazard, arriving there
on the afternoon of Sunday, the 4th, while others
returned Sunday night and others as late as
Wednesday night.

Among those who had sought safety in flight
were George Eversole, county judge, and brother

* These reports corroborate my own investigation and
statements in every particular. — Author.

22O Kentucky's Famous Feuds and Tragedies

to Joe Eversole, the leader of the faction of that
name; Ira Davidson, circuit and county court
clerk, a sympathizer with that faction, Josiah
Combs, late county judge and father-in-law of

Joseph Eversole, and his son — Combs,

who is an officer of the circuit court, and Fulton
French, the leader of the French faction, together
with the families of each, except Davidson, who
is a single man. These all returned, except the
elder Combs, either with the troops or after their
arrival, and before I left. The killings above
referred to were mostly assassinations from am-
bush, which seems to have been the favorite
method of warfare adopted by both factions for
ridding the community of the presence of per-
sons who, from causes real or supposed, had made
themselves obnoxious to the slayers, though one
killing, that of Mr. Gambriel, was committed in
the town of Hazard, in broad daylight, by two
Eversoles and two of his henchmen, and was
witnessed by a number of people; was committed
without anything like adequate provocation, but
for which no indictment had ever been found.
Grand juries and witnesses seem either to have
sympathized with the law-breakers or to have
been intimidated by them; but it is not improb-
able that both of these causes have operated to
paralyze the administration of the law, and to
correspondingly stimulate crime. As is usual
in such cases, I found that the county authorities
failed to act with any degree of promptness and
vigor at the inception of the difficulties and the
result was the inevitable one — the troubles soon

The French-Eversole War 221

grew beyond their control. Josiah Combs, the
father-in-law of Joe Ever sole, was county judge
at the beginning of the feud and Eversole and
his friends were evidently the aggressors — at
least were first to resort to violence — and when
the county judge was appealed to by outsiders to
issue warrants for their arrest, positively de-
clined to do so, saying that Eversole had done
nothing to be arrested for, and that French ought
to be driven away from town. Thus the inaction
of the authorities stimulated the friends of each
faction, and each sought safety in arming such
persons as would take service with them, and
setting at defiance the law instead of looking to
it as their best protection. Finally, one Sunday
morning last April, Joe Eversole, in company
with Nick Combs, his brother-in-law, and Josiah
Combs, started from Hazard to Hyden to circuit
court, and when about five miles out from Hazard
they were fired upon from ambush and Eversole
and young Combs were instantly killed.

Fulton French was indicted for that killing, and
while he may have instigated it, he certainly did
not participate in the shooting.

The killing of Joe Eversole seems to have de-
moralized his friends, the most prominent of
whom soon after left Hazard.

The last assassination was that of Elijah
Morgan, who was shot from ambush, near
Hazard, on the Qth of last month. His only
crime appears to have been that he sympathized
with French. Morgan was also a son-in-law of
Josiah Combs and brother-in-law of Eversole.

222 Kentucky's Famous Feuds and Tragedies

And now, perhaps, you are ready to ask what
it was all about? Well, I cannot say, although
I very naturally sought to learn the cause. Some
of whom I enquired thought it was business
rivalry, while others said there was a woman
in the case, and I think it attributable in part to
both those causes. French and Eversole were
both merchants and lawyers, and I was told that
some three years ago a man who was clerking
for French accused French of deflouring his
wife, and quit French and took service with Ever-
sole, and told the latter that the former had of-
fered him five hundred dollars to murder him,
and soon afterwards Silas Gayheart, who was a
friend of French, was murdered, as it is charged,
by Eversole and his friends, and from that time
on the troubles have grown and assassinations
multiplied, the victims being first from one side
and then from the other. I thought it advisable
to call out 44 of the reserve militia, all that I had
arms for, and selected these from the best, non-
partisan people that I could.

The list was not complete when I left, but I
authorized Capt. Sohan, whom I found to be an
excellent officer, to muster them in, and gave him
similar instructions to those you gave me on the
subject.

Judge Lilly is very anxious that the troops go
with him to Knott and Letcher Counties, but I
heard of no organized band of outlaws in those
counties too strong for the civil authorities, if
the latter will do their duty. The troops, officers
and men comprising the detail, conducted them-

The French-Eversole War 223

selves in a soldierly and appropriate manner, and
I apprehend that they will have no trouble in
protecting the court from violence should any
be offered, which I think improbable.
Very respectfully,

SAM E. HILL,
Ad j utant-General.

Captain Sohan's report contains additional
facts of interest ; the difficulty in reaching the re-
mote, mountainous section, and facts connected
with the conduct of the court.

HEADQUARTERS LOUISVILLE LEGION.
FIRST REG. KY. STATE GUARD, ADJUTANT^ OFFICE.

Louisville, Ky., November 27th, 1889.
To the Adjutant-General, Frankfort, Ky.

Sir: — Under instructions contained in your
letter of March 8th, 1888, handed me at Hazard,
Perry County, Kentucky, I have the honor to
submit the following report: —

Pursuant to General Orders Nos. 38 and 39,
issued from regimental headquarters, and author-
ized by Executive Orders, I left Louisville Oc-
tober 30th, at 8.05 P. M. with a detail of four
commissioned officers and 63 non-commissioned
officers and privates, and i gatling gun, under
instructions to report to Hon. H. C. Lilly, Judge
of the I Qth Judicial District, at Hazard, Perry
County, Kentucky.

The detail occupied 2 passenger coaches and

224 Kentucky's Famous Feuds and Tragedies

i baggage car, which were attached to the regu-
lar 8.05 P. M. train on the Knoxville Branch of
the L. & N. Railroad. We arrived at London,
Ky., about two o'clock, and there our cars were
sidetracked and the command occupied them until
daylight, when we disembarked, had breakfast
and started for Hazard, which is about 75 miles
distant. We traveled in wagons, which had been
provided by Lieutenant J. H. Mansir, Acting
Quartermaster, who had preceded the command
to London for that purpose. To transport the
command were required 14 wagons and teams,
and i team for gatling gun. The officers were
mounted. Owing to the condition of the road,
in places almost impassable, the march was very
tedious ; the men had frequently to dismount and
help the teams up the hills or over rough places.
About 4 o'clock we went into camp for the night,
and resumed the march next morning at good
daylight. We continued the march in this man-
ner from day to day, going into camp between 3
and 4 o'clock, and resuming the march between
6 and 7. We reached Hazard at three o'clock
Sunday afternoon, November 3rd, 1888, it being
the fifth day out from London. On the second
day of the march we were joined by Judge Lilly,
when about 25 miles from London. He re-
mained with or near the command until we
reached Hazard. At various points along the
route we were met by the officials of the Perry
Circuit Court — the circuit court clerk, sheriff and
deputy sheriffs — all of whom were awaiting
escort, and who accompanied the troops into town.

The French-Eversole War 225

Arrived at our destination, I found the court
house unsuitable for a camp-ground, and selected
for that purpose a hill in rear of the court house,
and about 200 yards distant. It proved an
admirable site, being dry, easily picketed, in a
manner secluded, and affording good opportunity
to command the town in case of difficulty. We
were comfortably encamped before dark, and
entered at once upon the routine of camp life,
the full particulars of which have been made
known to you in my daily reports. I reported for
duty to Judge Lilly at the court house on Mon-
day, the 5th inst, at 9 o'clock A. M. He in-
structed me that he would not require a guard
at the court house or town just then, not deem-
ing it necessary, as but few people were in, and
that in any case he did not intend to try to do
anything until after the election, which occurred
on the 6th, and that when he wanted a guard he
would let me know. I returned to camp and the
judge adjourned court until Wednesday, the 7th.
Upon resuming Wednesday, the town being well
filled with people, the judge required a guard in
the court room as a precautionary measure, and
entered formally upon the business of the term.
I noticed that in charging the grand jury he
dwelt at considerable length upon the crimes of
illegal selling of liquor and gaming, but passed
murder with the remark that " it was unneces-
sary for him to call the attention of the jury to
the fact that murder was a crime/' and also when
one of the attorneys at the bar wanted to intro-
duce a motion to reorganize the grand jury, in

226 Kentucky's Famous Feuds and Tragedies

order to get a jury that would indict certain per-
sons for murder, the judge informed him that
he would overrule any motion to that effect:
"That if commenced, there would be no end to
it; that the jury was carefully selected, and. was
as good as could be had in the county." The
business of the court proceeded slowly, the great
majority of the cases having to be passed, owing
to the absence of the accused, or of important
witnesses, whose attendance it seemed impossible
to secure. A few convictions for minor offenses
were secured, the penalty inflicted generally be-
ing the lowest prescribed by law; besides these,
but one important case was decided, one man
being sent to the State prison for one year for
shooting and wounding, receiving the lowest pen-
alty. The judge, in finally dismissing the jury,
reprimanded them for their leniency, and called
attention to the light sentence imposed as indica-
tive of the state of feeling throughout the com-
munity. As far as I could judge the court of-
ficials used every endeavor to promote the ends
of justice, but were effectually hampered by their
inability to make arrests and secure the attendance
of witnesses and get juries to convict. About the
third or fourth day of the court, B. F. French,
one of the principals in the French-Eversole feud,
was brought into town by the sheriff of Breathitt
County. He was surrounded by a posse of about
twenty men who rode in in good order, in column
of twos, each man holding his rifle at an " ad-
vance." They went at once to French's residence,
where they remained during the court. I be-

The French-Eversole War 227

lieve French was nominally surrendered to the
sheriff of Perry County, but was permitted to
remain in his house and was constantly sur-
rounded by the Breathitt County posse, which
was made up of his friends and followers, and
which was represented to me as containing some
of the worst men in Breathitt County. So threat-
ening was their appearance that the judge com-
manded them to surrender their arms to me.
They at first refused, but finally brought nine
rifles into camp, and, I suppose, hid the balance,
as they did not appear any more under arms. The
rifles surrendered to me were the 5<>calibre
Springfield, exactly the same gun as the State
Guard was formerly armed with. I returned
them to the posse, on an order from the judge,
when they left town. French, although under
arrest, went constantly armed, and seemed to be
under no restraint. A day or so after his arrest
he went into court, gave bond for himself and
several of his followers and was released from
arrest, but remained in town until near the end
of the term, when he left for Breathitt County,
surrounded by an armed guard similar to that
which brought him in.

Perhaps the most important event of the trip
was the formation of a military company at
Hazard, the organization of which was com-
menced by yourself during your stay there, and
completed by me, acting under your instructions.
I have made full reports of this event to your
office, with roster of company and report of
election of officers. I respectfully recommend

228 Kentucky's Famous Feuds and Tragedies

that this company be encouraged in every way
possible, as in my opinion it will have a quieting
effect upon the turbulent element in Perry County.
The company is largely made up of the men se-
lected by yourself, and who are, as near as pos-
sible, unbiased in the feuds of the county. The
officers appear to be good men for the positions
to which they were elected, and enjoy the respect
of the community.

As the end of the term approached, and being
without orders to govern my further movements,
I despatched Lieutenant Gray, who volunteered
for the service, to London, on Saturday, the gth
inst, with a telegram to your office asking for
instructions. I waited until the last day, know-
ing Judge Lilly had asked the Governor for troops
over his entire circuit. You had instructed me
that definite orders would be sent me in time
to act. The order did arrive Monday afternoon,
having been delayed two days in the mail, and
was to return to Louisville. I immediately made
arrangements to break camp, and Lieutenant
Gray having returned Tuesday night with tele-
gram confirming the above order, the command
left Hazard Wednesday, the 2Oth. Judge Lilly
remained in Hazard, awaiting action of the Gov-
ernor in regard to his application for troops, and
his request for these being refused, he decided
not to go any farther on his circuit, and left
Hazard with us. He parted with us finally the
next day, a few miles out from Hazard, and I
believe returned to his home.

I desire to express my thanks to Judge Lilly

The French-Eversole War 229

for the uniform kindness and courtesy of his
bearing toward myself and my command.

The return trip was made in the same manner
as the outward one, and by the same means,
but was even more trying on the command, as
the weather was colder and the roads worse. We
reached London Sunday, 27th, about three o'clock
P. M. We found cars ready for us, and at once
occupied them. They were attached to the one
o'clock A. M. train and arrived at Louisville
Monday morning, the 28th inst., where the com-
mand, having disembarked, were marched to the
armory and disbanded.

This ended a service somewhat unique, even
in the varied experience in the Kentucky State
Guard.

That it was productive of good there can be no
doubt. It impressed the people of the community
that the State was determined to assert her power
and majesty, and that they would no longer
defy the law \vith impunity. The officials of the
court and residents of the town and county were
unanimous in the assertion, which was made to
me repeatedly, that the term of the court could
not have been held without bloodshed, except
for the presence of the troops, and I believe this
to be true. On the day of the national election
there was not the slightest disturbance, although
several murders and affrays were reported from
adjoining counties, in Hazard, — a thing almost
unprecedented in its history. We had here the
same experience that the State troops have always
had on similar service, that is, the police power

230 Kentucky's Famous Feuds and Tragedies

of the State is universally feared and respected.
That there will be more bloodshed before this
feud is settled was the opinion of all to whom
I spoke on the subject. The men engaged in it
are vindictive and daring, and will use any means
to escape punishment or gratify their revenge.
That the people really believe this, is shown by
the fact that many of them had left the town
permanently. The circuit clerk and county judge,
both residents, left when we did with the inten-
tion of not returning. Half the houses in town
were unoccupied, and one of the citizens lamented
to me the fact that whereas they formerly had
150 inhabitants they now had but seventy. The
moral condition of many of the people of this
section is indeed deplorable. There is not a
church of any kind in the county, but few schools,
and they of the most primitive sort; not half of
the murders committed are ever made known to
the public; many of the people live in the most
squalid poverty and social degradation; incest of
the vilest sort is frequently practised, and the
marriage ceremony is constantly ignored. I have
counted as many as fifteen children, who, with
their parents, occupied a small cabin, containing
one room. It is from such conditions that the
disordered state in the community arises, and in
my opinion they cannot be fully removed until
advancing civilization and development bring
new people and new incentive to labor.

This state of affairs renders it very difficult for
the civil officers to perform the duties satisfac-

The French-Eversole War 231

torily, as a majority of the people seem to have
sunk into a kind of apathy regarding crime, and
hold aloof from any effort to enforce the laws.
The fear of secret assassination or " bushwhack-
ing " hangs like a pall over the entire section, so
that those who would otherwise aid in enforcing
order do not care to risk their lives in the attempt.
I will state an instance showing how widespread
this fear is : Several of the men in French's body
guard were wanted in Knott County, and the war-
rants for their arrest were brought to Hazard by
a woman.

Neither is this fear groundless, as is shown by
the fact that more than twenty men have been
killed in the French-Eversole feud, most of them
being shot from ambush. This is the secret of
all the troubles. The people are held in terror
by a few desperadoes. The peaceable and re-
spectable citizens largely predominate in the
county, and could they be assured of protection,
would soon put an end to the disorders. In clos-
ing this report, it gives me great pleasure to refer
to the conduct of the detail under my command.
Perhaps no part of the State Guard has ever
passed through more severe test of discipline
and endurance. Certainly none have ever re-
sponded more gallantly and faithfully to the de-
mands made upon them. The march from Louis-
ville to Hazard and back was particularly trying,
the camp each night being but temporary, the
men could not make themselves comfortable and
suffered severely from the cold. The road is

232 Kentucky's Famous Feuds and Tragedies

simply indescribable, being so rough that most
of the command preferred walking to riding in
the wagons provided. We frequently marched
for hours in the water, the natural bed of the
creeks being the only available way through the
hills, and this was generally the best part of the
road ; at other times it took all hands to help the
teams up the hills, or keep them from falling over
precipices. Through it all the men were cheer-
ful and uncomplaining, and though allowed every
possible liberty, there was not a single serious
breach of discipline, and but few even of a trivial
sort. This, I think, speaks well for the training
and reliability of the command from which the
detail was taken.

The health of the detail * * *
Very respectfully,

Your obedient servant,
J. M. SOHAN,
Captain Commanding.

With the departure of the troops returned the
same chaotic conditions which had characterized
the county previous to the term of court which
they had been sent to protect. During the spring
term, however, a number of indictments were
found against law violators. This would, of
course, bring the accused, their friends and many
witnesses to court, at the following November
term.

Judge Lilly refused to share the belief of the

The French-Eversole War 233

Governor that the Home Guards would be able
to suppress disorders and properly protect the
court. He failed to appear. An election for
special judge resulted in the seating of Hon. W.
L. Hurst as judge pro tern.

THE BATTLE OF HAZARD.
(NOVEMBER 7TH AND STH, 1889.)

COURT had proceeded with unimportant busi-
ness until the fourth day of the term.

Considerable disorder had occurred on the
night of the third day of court, but actual hostili-
ties did not open until the following morning.

During the forenoon a heavy volley of shots
suddenly rang clear and sharp in the cold Novem-
ber air and echoed through the valley.

There was a momentary silence in the crowded
court room. Every man looked at his neighbor,
questioningly and uncertain. Then with one im-
pulse judge, lawyers, jurors, officers and bystand-
ers sprang to their feet, rushed for exits and into
the street. There the crowd scattered like sheep
in all directions, some to seek the protection of
the walls of buildings, others to depart from town
without the ceremony of a good-bye.

Not until after the first stampede had some-
what abated was it that the factions began to
take cognizance of the situation and prepare plans
!for concerted action.

234

The French-Eversole War 235

When the first volley fired, no one about the
court house knew what had really happened. No
one took the time to ask. It was instinctively as-
sumed that it was the beginning of the long-ex-
pected general battle betw.een the French and
Eversole forces.

The shooting had been done by the owner of
a glorious jag, and if cooler heads had prevailed
a battle might have been averted, but once the
factions had reached their arms and assembled,
peace was out of the question. The instigator of
the trouble, one Campbell, had been engaged with
several others of his friends, in a game of cards,
on a hill overlooking the village. The hill is
known as the Graveyard Hill. In a spirit of ex-
cessive hilarity, produced by over-indulgence in
fire-water, he had stepped to the side of a tree
and fired his pistol. At the upper end of town
one Davidson kept a store. At the reports of the
pistol Davidson looked out of a rear window of
his place of business. He saw Campbell standing
on the hill waving his still smoking gun. David-
son procured his Winchester rifle, took deliberate
aim, then fired. Campbell sank dead to the
ground.

As soon as the panic-stricken crowd had left
the court house the Eversoles rushed into it and
took possession of it.

236 Kentucky's Famous Feuds and Tragedies

Two French men, Jesse Fields and Bob Profitt,
found themselves isolated in a jury room on the
second floor, while the court room proper was
already occupied by their enemies, the Eversoles.
The two were in a precarious situation and
thoroughly realized it. There seemed but one
chance for escape open to them — a leap through
the windows into the yard below. They saw
themselves outnumbered twenty to one. Resis-
tance would have been folly and surrender did
not appeal to them. Neither side had thus far in
the " war " exhibited much respect for principles
of civilized warfare.

The moment the Eversoles took possesion of
the rooms beyond, Fields and Profitt locked the
door of their room and as noiselessly as possible
hoisted one of the windows. On looking into
the yard below they hesitated. It was a high
jump, with many chances in favor of their break-
ing their necks, or at least a limb or two. But
when the enemy attempted to break through the
door all hesitation vanished. Both leaped and
landed on the ground below without sustaining
injury.

This daring leap had been perceived by the
Eversoles. The two men were fired upon as they
ran for life toward and into the jailer's residence
for cover. This building, as well as the court

The French-Eversole War 237

house, was of brick. The two structures stood
within fifteen feet of each other and fronted the
same street. The Eversoles now passed their time
in ventilating the thin brick walls of the little
building. Fields and Profitt began to feel un-
comfortably warm, but held the fort. They had
an ample supply of ammunition and continued
to pour volley upon volley into the windows and
through the walls of the court house. All
through the long afternoon the guns roared.
Clouds of smoke hung low and heavy over the
unfortunate town. Constant was the clatter of
firearms. The incessant hiss of leaden missiles
was interspersed with shouts and defiant curses
while the silent terror of women and children
was pitiful to behold. The whole presented a
scene not easily forgotten by those who were
compelled to witness it.

Thus far the battle had proved bloodless, not-
withstanding the tremendous expenditure of am-
munition. Neither of the belligerent armies had
dared an open attack. They fought now as they
had practically always fought during the war —
from well-secreted places. Fortified in their
quarters, they took care not to expose their per-
sons. It was no senseless caution, for upon the
appearance of an object anywhere, behind, in
or under which a human being might be suspected,

238 Kentucky's Famous Feuds and Tragedies

it became at once the target of many guns and
received very close attention indeed.

With the approach of night Fields and his
comrade felt that they must evacuate the prem-
ises or succumb to an attack by superior forces
under cover of darkness, but to join their friends
some distance away they must necessarily run a
dangerous gauntlet. However, they preferred
dying in the open to being caught like rats in a
trap.

It was dark when the two desperate men
started on their perilous journey. With heads
bent down upon their breasts, like men facing a
beating hail, they ran for their lives. Every
gun of the enemy was trained upon them, and
fired. Presently defiant yells from the French
position announced to the crestfallen Eversoles
that their prey had escaped them.

When the battle started French was absent
from town. He arrived during the night.

All night long the battle continued with scarcely
an intermission in the firing.

During the night Tom Smith and Jesse Fields
succeeded in eluding the vigilance of the Ever-
soles and occupied the Graveyard Hill. When
the first ray of dawn approached, Fields and
Smith opened a terrific fire upon the Eversoles in
the court house, the balls crashing through the

The French-Eversole War 239

windows, driving the occupants to seek safety by
throwing themselves upon the floor.

During the early morning hours two of the
Eversole men attempted to cross a street near the
court house, when Fields and Smith opened fire
upon them. One of the men, J. McKnight, was
instantly killed, while his companion escaped.
Smith and Fields used a sunken grave as a rifle
pit and from a tombstone Smith took the rest
for the shot that killed McKnight.

The strategic advantage of French's men per-
plexed the Eversoles, who, penned up in the court
house, were rendered practically helpless. The
fusilade was so continuous that an attempt to re-
turn the fire from the windows would have meant
certain death. The balls crashed through the
windows, tearing the wood casings to splinters
and the shutters were completely shot away. The
furniture in the court room was thrown about
and knocked into atoms. The building, from
which the Eversoles had expected so much as a
point of vantage, proved a death trap. To re-
tire from it the Eversoles appeared as anxious
as they had been to take possession of it. Their
retreat to the river bank was effected in safety,
but to prevent attack while crossing the river,
Green Morris and a companion remained con-
cealed under the banks of the river. Fields and

240 Kentucky's Famous Feuds and Tragedies

Smith on the Graveyard Hill were the first to
see the Eversoles in retreat and started in pursuit.
Approaching the hiding-place of Morris, the latter
fired, wounding Fields severely in the arm and
thus effectually checked further pursuit. If Smith
and Fields had reached the river unharmed, the
record of the fight might present an increased list
of casualties, as both were men of great courage
and good marksmanship.

On the records of the Perry Circuit Court ap-
pears an order of Special Judge Hurst, giving his
reason for the unceremonious adjournment of
court. It is an interesting document. Certainly
Judge Hurst's reason for adjournment seems a
valid one :

PERRY CIRCUIT COURT.

4th day Nov., Term 1889.

At this term of the Court there were two armed
factions in the town of Hazard, the French and
Eversole factions, antagonistic to each other.

On the second night of the Court, the acting
judge was shot but not wounded ( ?) in the
French end of the town, French not being in the
town at the time, but some of his men were and
the next evening at dusk a " dinamite " or other
cartridge with burning fuse attached was thrown
over the judge's room or house in which he stayed
and exploded heavily on the other side of the
house.

The French-Eversole War 241

Court continued till the evening of the 4th
day, when the two factions began heavy cross-
firing at each other in earnest about and near the
court house, which completely " correlled " the
court, the jury, the officers and people in court
for some time, and before the firing abated, the
judge plainly seeing, that it was not intended
that court should be further held, and it being
impossible to further progress with the business
and live, the court ordered the clerk to adjourn
the court, and the non-combatants to save them-
selves as best they could. They did so, but one
shot was fired at them from the Eversole quar-
ters as they left.

The fighting continued through the next night
and until about 9 o'clock the next day excepting
some intervals of rest. The French side received
reinforcement from Breathitt County. During
this fight two men, friends of Eversoles, were
killed in the battle, and it was rumored that one
of the French party was badly wounded and per-
haps killed and another one wounded.

The Eversole party claimed that they were
destitute of ammunition next morning and re-
tired from town without being injured thereby.
The clerk left with his keys, the jury left, the
judge remained till the next morning in the town
and after the retreat of the Eversole party, when
he received news as coming from the French side
that he and the women and children could leave
the town unmolested provided he did not go back
to the court house, whereupon the court and some
of the women and Commonwealth's attorney

242 Kentucky's Famous Feuds and Tragedies

quietly marched away and in pursuance to the
court's orders this court is hereby adjourned in
course.

This order was signed at the August Special
Term of the court 1890 and on the nth day of
August, 1890.

Immediately after the battle the factions scat-
tered through the neighboring counties, scouting
in small detachments, and continually shifting
quarters.

A special term of the Perry Circuit Court was
called for August, 1890. On the night of July
4th, however, a deed was perpetrated which was
intended to and did block the business of the
court.

The town was awakened by the shrill cry of
" fire," the crackling and crashing of burning and
falling timbers — the court house was a seething
mass of fire, and the people could only look on
as the structure succumbed to the consuming ele-
ment. There was never any question as to the
origin of the fire. It was the work of incen-
diaries. Fortunately, most of the records were
saved.

Many of the feudists now began to tire of the
constant scouting. There was not enough real
fighting to make it interesting. Occasional am-

The French-Eversole War 243

buscades had lost their charm. Many longed for
peace and home. Among these was Robin Cor-
nett, an Eversole man. Pretending friends en-
couraged him to return to his home. He did so,
and as day after day passed without the least
mishap, he often visiting Hazard in apparent
safety, he relaxed his vigilance, and fell, — a vic-
tim of relentless assassins.

One morning (July, 1890) Cornett, in com-
pany of his little brother, started to the field to
cut oats. Finding the grain not ripe enough, he
abandoned the field work and proceeded to the
woods to peel logs. A tree, which he had cut,
fell across a narrow ravine, elevating portions
of the trunk several feet above the ground. He
leaped upon it, ax in hand, when shots from the
near bushes accomplished another foul assassina-
tion. Cornett sank dead upon the log, while his
little brother ran for life and escaped.

There can be no doubt that Cornett 's doom
had been sealed the instant he returned home.
The murder had been planned and was executed
with cruel cunning and occupies a front rank
among the many infamous assassinations, which
have given this feud such notoriety.

At the special term of the Circuit Court, Judge
Lilly appeared, accompanied by a detachment of
State Guards, commanded by Adjutant-General

244 Kentucky's Famous Feuds and Tragedies

Gaithers of Louisville, Ky. The court house had
not been rebuilt and a large tent served the pur-
pose. It soon became evident that the court
meant business. A large number of deputy
sheriffs were sworn in to supplant the inefficient
Home Guards. These were at once disbanded
and ordered to return the accoutrements they had
received, but the few articles turned over were
hardly worth the shipping expenses, many of the
guns being broken.

Within a few days after court had begun,
prisoners were brought into court as fast as in-
dictments were found. The jail became so
crowded that many prisoners were kept in a
strongly guarded tent. As rapidly as the cases
were called up and the accused were presented in
court, they were transferred to the Clark County
Circuit Court for trial. It was a wise and neces-
sary step indeed. Not only would it have been
impossible to secure qualified jurors in Perry
County, but the attendance of the accused, their
friends and witnesses would most probably have
invited a clash between the contending factions.

The last days of the term of court, commonly
called the " Blanket Court " had come and gone
without the least disturbance, and the removal of
the prisoners to the Winchester jail was also ef-
fected without mishap. The backbone of the war

The French-Eversole War 245

was at last broken. A strange, but welcome, calm
succeeded turbulence, bloodshed, and anarchy.

A great change had come over the caged war-
riors. Disarmed and crowded in the narrow con-
fines of a prison, they faced each other but the
deadly Winchesters were no longer in reach.
Fast in the clutches of the law, the law which
for so long they had disregarded, evaded, shame-
fully violated, they now had ample opportunity
for reflection and sober reasoning. The absorb-
ing and very pertinent question: How to escape
the punishment of the law worried them. It was
a knotty problem indeed. The lions, made cap-
tives, were now tame and submissive. For the
first few days after these foes met in prison,
hatred and bitter feeling found vent in abusive
epithets and fistic encounters, but the realization
of helplessness reminded them of the need of
making friends out of enemies. They realized
their power to destroy each other in the courts,
but would not the destroyer himself be destroyed?
Revenge could only open more cell doors, or
furnish culprits for the gallows. It was this
prospect of conviction, of punishment, which ef-
fected at last what bloodshed could never have
accomplished — it reconciled in a measure the
enemies of old, some of them actually becoming
friends, and thus again effectually clogging the

246 Kentucky's Famous Feuds and Tragedies

legal machinery. The necessity of self-preserva-
tion brought matters around in such shape that
we find men who had opposed each other in
deadly combat, fighting side by side the legal
battles in court. None of the prisoners was al-
lowed bail, but after removal to Clark County,
one after another of the accused demanded exam-
ining trials and upon being allowed bail, readily
executed bonds and returned to their homes and
families, which many of them had not seen for
months.

With the removal of French, Judge Combs and
others of the feudists returned an era of peace
which continued uninterrupted until 1894, with
the exception of a street fight in the town of
Hazard between some of the Eversole faction
and Jesse Fields, a French follower.

In this battle some of the Eversoles and Fields
were wounded, and a colored bystander was killed
by a stray bullet.

In 1894 occurred the last assassination as the
direct outcome of the feud.

Tired with a life that now separated old Judge
Combs from his family and friends, he deter-
mined to and did return to Hazard to round out
the declining years of his life.

He might have lived in perfect peace and se-
curity elsewhere, but the humble mountain home

The French-Eversole War

in the village of Hazard, so dear to him through
the associations of his youth and manhood, now
attracted him more than any other spot on earth.
He could not bring himself to desert it once and
for all, in the chilly winter of old age.

Notwithstanding his faults, and his record dur-
ing the feud shows him to have been at fault on
more than one occasion, he had a host of friends,
and these tried hard to dissuade him from his
purpose. But he had formed his resolve, and re-
fused to be guided by well-meant advice.

There is something very pathetic in this old
man's attachment for a home which, for years,
had offered him danger instead of peace, sorrow
instead of happiness.

He had visited his home surreptitiously on sev-
eral occasions since his removal therefrom. On
one of these visits he had narrowly escaped death
by assassination. This attempt upon his life
should have convinced him that his doom was
sealed, that his death had been decreed. Yet,
notwithstanding all this, Judge Combs returned
to Hazard to reside. But a little while after-
wards he succumbed to the assassins' bullets.

The murder was committed in broad-open day-
light, in plain view of many townspeople, and,
also from ambush.

At the moment the fatal shot was fired, the old

248 Kentucky's Famous Feuds and Tragedies

man was engaged with several of his friends and
neighbors in commonplace conversation.

Within a few feet of the group of men stood
a fence enclosing a lot planted with corn, which,
together with the thick and tall growth of weeds
and bushes, offered the assassins admirable oppor-
tunity to approach their victim to within a few
feet without danger of discovery.

No one noticed the slight rustling of the corn
blades. No one saw the hand that parted them
skilfully to make way for the gun which accom-
plished its deadly work. There was a puff of
smoke, a loud report and Judge Combs reeled.
Suddenly he straightened himself up, stood ap-
parently undecided for a moment, then walked
across the street toward home. At its threshold
he sank to the ground and expired without a
groan.

The murderers had evidently been determined
to guard against any possible blunders which had,
on former occasions, saved the old man's life.
For from the moment the shot was fired up to the
time the old man fell dead, the murderous gun
continually covered him, ready for instant ser-
vice should it appear that the first shot had not
been fatal.

After the victim had fallen to the ground, the
principal of the assassins deliberately walked to

The French-Eversole War 249

the rear of the lot. Here he was joined by one
of his confederates. A third had already opened
fire and continued a fusilade from across the
river for the evident purpose of pretending the
presence of a large force and thus by intimida-
tion to prevent pursuit.

The three confederates then proceeded calmly
down the river. Their retreat was deliberate.
At no time did they exhibit the slightest appre-
hension of danger or fear of pursuers.

The utter recklessness and boldness with which
the crime had been committed completely stupe-
fied the townspeople. Intelligent, prompt action
was out of the question for a time. Not until
the murderers had had a long start did it become
possible to organize a posse.

At last the fugitives were sighted by the pur-
suers. A general exchange of shots followed.
One of the outlaws was wounded. He continued
his flight with difficulty.

A running fight was now kept up for a great
distance. Then the fugitives disappeared in the
dense mountain forests and the chase was given
up. But one member of the posse was wounded.

Several of the eye-witnesses of the tragedy and
members of the pursuing posse had recognized
Joe Adkins, Jesse Fields and one Boon Frazier
as the fugitives. Joe Adkins was the man who

250 Kentucky's Famous Feuds and Tragedies

had fired the fatal shot which took the life of the
old man Combs.

The three parties mentioned were hi due time
indicted. Adkins and Fields were arrested.
Frazier was never caught.

The cases against Adkins and Fields were
transferred to another district in Kentucky for
trial. The best legal talent of the state partici-
pated in the famous trial. Honorable W. C. P.
Breckinridge, a lawyer and orator of national
fame, had been retained as counsel for the de-
fence.

Fields and Adkins had been French men all
through the feud, in fact, had been among his
most trusted lieutenants since its commencement.
Rumor, therefore, quickly associated the name of
French with the murder of Judge Combs.
French stoutly denied any complicity in this af-
fair. Then, like a thunderbolt from a clear sky,
came the startling intelligence that Tom Smith,
another French warrior, had given out a con-
fession which seriously compromised French.

Smith was then under sentence of death at
Jackson, Breathitt County, for the murder of Dr.
John E. Rader. As is usual with doomed felons,
he became converted and sought to wash his sin-
stained soul whiter than snow by a confession.
It set forth that he had been present at the home

The French-Eversole War 251

of Jesse Fields on Buckhorn Creek, Breathitt
County, at a time when French, Adkins and
Fields discussed and perfected plans for the as-
sassination of Judge Combs; that he, Smith,
would have assisted in the dastardly murder but
for a wound which he had a short time before
received in a pistol duel with Town Marshal
Mann on the streets of Jackson.

This confession resulted in French also being
indicted.

The confession itself was of no importance
from a legal standpoint. It, however, materially
assisted and strengthened the prosecution by un-
covering certain circumstances of which it might
otherwise have remained in ignorance. The
friends of the murdered judge pointed out with
emphasis and logic that Smith had always been a
French confederate, had fought for him, taken
life for him ; that he had told the truth about his
participation in the murders of Joe Eversole,
Nick Combs, Shade Combs, Cornett, McKnight
and Doctor Rader. Was there any reason, they
asked, why Smith should have lied in regard to
French's complicity in the murder of Judge
Combs, yet had told the truth concerning all
things else. Why, they argued, should Smith
desire the ruin of his friend, his companion in

252 Kentucky's Famous Feuds and Tragedies

arms, his chieftain, and accomplish it by false
statements, when the truth would save him?

French was indicted, tried and acquitted. On
the first trial of Adkins and Fields both received
life sentences. The cases were taken to the Court
of Appeals and there, in an exhaustive opinion,
reversed.

The second trial resulted in a life sentence for
Adkins and the acquittal of Jesse Fields. Adkins,
however, has been a free man again, lo — these
many years. A life sentence in Kentucky is not
what it seems.

Thus ended the last act of the bloody drama
— the assassination of Judge Combs. He was
murdered because he had espoused the cause of
Joe Eversole at the breaking out of the war. Joe
was his kinsman. As has been said, Judge Combs
undoubtedly contributed to the state of anarchy
which continued for so long in Perry County and
disgraced American civilization. As a sworn of-
ficer he had no right to permit love for his kins-
man, his friendship and affection for Eversole, to
swerve him from plain duty. Judge Combs' par-
tiality in the discharge of his duties as judge of
the county doubtlessly hastened the conflict, for
while it protected one faction, it furnished good
and sufficient reasons to the other side to place
no confidence in his administration of the law,

The French-Eversole War 253

and roused them to savage, retaliatory crimes.
Notwithstanding all this, this last assassination
was cowardly, as all the others, for that matter.
If Judge Combs deserved death, we may well ask
how many of the other participants in this feud
ought to have shared a similar fate at the hands
of the law?

BLOODY BREATHITT.

SEVERAL bloody feuds, innumerable assassina-
tions, demoralized courts, the purchase with
money of slayers, anarchy in its most atrocious
and hideous forms — such has been the history of
Breathitt County since the days of the Civil War.

Breathitt County is not a remote section, out
of touch with civilization, where ignorance might
be pleaded in extenuation of the shameful law-
lessness. Breathitt County has furnished men of
brains, of power, and of the highest integrity.

In Breathitt County, as well as in all the other
feud-ridden sections, the good citizens are in
the majority.

Yet there, as in the other lawless communities
of which this history treats, the good element suf-
fered itself to become intimidated to such an ex-
tent as to eliminate it as a factor to be employed
and relied upon in restoring order.

It may also be stated that Breathitt's chief
feudists, murderers, conspirators and perjurers
have counted men of brains among them, who,
however, delegated their work of bloody revenge
for real or fancied injuries to persons of a lower
254

Bloody Breathitt 255

degree of mentality. Ignorant, half-savage tools
serve better.

The murder lust has been rampant there for
many years, and it is there yet. The outside
world has heard only of the most important
tragedies, that is, tragedies which involved men
" of brains and power." The " little fellow " is
murdered without much attention being paid to it.

Within eleven months during the years 1901
and 1902, nearly forty men had been slain in
cold blood, and for which crimes not one has
suffered the extreme penalty of the law.

Why is it, then, that since the good citizens
are in the majority, they are willing to submit to
terrorization by a few? Why do they stand
idly by instead of rising in their might and
punish ?

Will the reader answer another question : Why
is it that an entire train load of men will tremble
and shake in their shoes, throw up their hands,
and allow one or two bandits to take possession
of their property?

It has happened in a few instances that bandits
have come to grief through the intrepidity of an
individual who acted in spite of any fear of im-
pending death. We remember an incident of that
kind during a hold-up on a western road a few
years back. The engineer, fireman, conductor

256 Kentucky's Famous Feuds and Tragedies

and brakesmen were lined up and held under the
guns of one of the bandits. Two of his con-
federates went through the coaches.

The engineer, a small but determined man,
watched his chance, made a sudden lurch forward,
with his head butted the bandit in the stomach,
crumpled him up and put him out of commission.
The train crew then possessed itself of the guns
and started for the coaches, firing a few shots as
they went. This disconcerted the robbers within.
They made for the doors to see what the shoot-
ing outside meant. It was their finish. Several
of the passengers who had been standing, tremb-
ling, with their hands in the air, believing help
had come, regained their courage, sprang upon
the outlaws, disarmed and securely tied them.
No one was hurt.

It is the fear of the bushwhacker that prevents
concerted action of the law-abiding element in a
community where assassinations from ambush are
the common methods employed to rid one's self
of an enemy. And it is no idle fear. For one
man to set himself up as the champion of law
and order and to defy the outlaws to do their
worst, is equivalent to signing his own death-
warrant. He is liable to be picked off as an un-
desirable citizen.

Assassinations from ambush are always diffi-

Bloody Breathitt 257

cult to prove and alibis are manufactured at small
cost. Perjury, too, is common. It is the favorite
weapon of the defense in such cases.

Then the successful assassin is shrewd enough
to conduct himself usually, though not always, in
such manner as to have friends among all classes
of people, even among the best.

Many of the worst men have used the cloak
of religion, or church-membership, to hide their
black hearts. The masonic lodge has been prosti-
tuted by such men of shrewd deceit.

It is no assurance of a man's goodness to find
him sitting in a church pew on a Sunday, with
the Bible in his hand, for even within the holy
sanctum of the Lord the foulest conspiracies and
crimes have been hatched in the brains of men.
This does not apply to Breathitt County or Ken-
tucky alone.

Some of the most noted feudists never fired a
gun themselves, but in their daily intercourse kept
themselves unspotted before the world, and used
willing, paid tools to accomplish their bloody
ends. Such men always indignantly deny any
imputation of wrong-doing. They have been
known to condemn in the loudest and the most
emphatic terms outrages against the peace and
dignity of the State, the result of their own plan-
ning.

258 Kentucky's Famous Feuds and Tragedies

The writer once pointed out to a gentleman
from another state a certain chieftain of mur-
derers. He shook his head. " That man a mur-
derer? " he said. " Why, he is the most amiable
person with whom I have come in contact with
in a long time. That man has brains, he has
education. That man is wrongfully accused, I
know. No red-handed murderer could look you
in the eye like that, or counterfeit the innocence
imprinted upon his countenance/*

The truth was, this particular outlaw had never
murdered any one with his own hands, but he had
been the directing, managing spirit of foul con-
spiracies and of wholesale assassinations.

This adoption of the mask of deceit serves an-
other purpose. Since you can never tell by a
man's looks what is in his heart, citizens grow
suspicious of one another, and fear to express
their opinions. That this vastly increases the
difficulty of concerted action looking toward the
eradication of crime, is apparent.

Reverting again to the murder lust: What is
it's origin? What keeps it aflame? What in-
spires it? Is it that the savage of the stone age
is not yet dead? That the veneer of civilization
has in all those thousands of years not become
thick enough to prevent its wearing off so read-
ily? Perhaps. At least, it seems so.

Bloody Breathitt 259

Let us quote a recent example of this fearful
blood lust: —

Jackson, Ky., Aug. 29, 1916.
" Don't you want to see a nigger die/' wit-
nesses report were the introductory remarks of-
fered by Breck Little, who Sunday shot and
killed Henry Crawford, colored, 17 years old,
on Old Buck Creek in Breathitt County. The
shots were fired from a barn door which Craw-
ford was passing while going up the road, and
the victim fell dead in the road.

This illustrates the lust for blood. " Don't you
want to see a man killed?" If you do, say so
and you may be accommodated.

We have pointed out heretofore in a former
history that there is much similarity between the
old Scottish feuds and those of Kentucky; that
the clan spirit is yet alive; that Kentucky feuds
are nothing more nor less than transplanted Scot-
tish feuds. This view has been adopted by
other writers and sociologists as furnishing the
solution of the riddle : What is the cause of these
feuds?

But can such incidents as the one cited above
be attributed to the clannishness of the people.
No. Such individual acts of savage ferocity can
have but one source — an inborn, natal craving
for blood. This and this alone can furnish us

260 Kentucky's Famous Feuds and Tragedies

any sort of explanation why men slay without
provocation or purpose.

Bad Tom Smith, of Perry County feud fame,
slew to satisfy this craving for blood. According
to his own admission, it had made itself felt when
he was a mere youth. He was a degenerate pure
and simple. His last murder, that of Dr. Rader,
was committed without any motive whatever. " I
just raised up and killed him while he was
asleep ! " That was the only statement he would
ever make concerning that bloody deed.

Environment has, of course, much to do with
it. Yet if we look about us, we find that counties
in the very midst of feud-ridden sections have
remained free of the murder craze.

Many years ago Breathitt, along with prac-
tically all the other mountain counties of the
State, decided to abolish the saloon. Local option
has been in force there now for years. It was
hoped that the elimination of the legalized liquor
traffic would eradicate crime, or, at least, enor-
mously diminish it. Prohibition is supposed to
exist in Jackson and the county at large. It will
not do to say that notwithstanding the local option
law is in operation, liquor is still at the root
of the evil. We must presume that the prohibi-
tion of the sale of liquor is enforced. To presume
otherwise would be to acknowledge the inefficacy

Bloody Breathitt 261

of prohibition laws. Doubtless the local option
law is enforced in Breathitt as much so as any-
where else where similar laws prevail, or, better
said, the laws in this respect are enforced as far
as is possible with interstate shipment of whiskey
into local option territory remaining unob-
structed.

The " liquor argument " is no solution of the
sociological question in hand. During all those
years that prohibition has existed in Breathitt,
ostensibly so, at least, without apparent diminu-
tion of crime, without any receding of the murder
wave, other counties, neighbors to it, we might
say, have rejected local option laws, and permitted
saloons without any apparent increase in the
crime rate.

Reverting again to the spirit of the Scottish
Highlander as responsible in part for the murder
lust: Nearly all of southeastern Kentucky is
peopled by the same stock. Jackson and Laurel
counties have never been contaminated with the
feuds which have raged on their very borders.
Jackson County in all its history has not seen as
many murders committed as have stained the
soil of Breathitt in less than one year. Jackson
County has never had a feud; its chief lawless-
ness has been the promiscuous sale of whiskey,
illicitly, of course.

262 Kentucky's Famous Feuds and Tragedies

The argument has been advanced that the law-
lessness which has disgraced Breathitt and other
mountain counties is directly traceable to the con-
tempt for law instilled in the growing up genera-
tions during the period immediately following the
Civil War.

It doubtless furnished the foundation for the
deadly feuds which have in times passed ravaged
the border counties of Bell and Harlan. These
counties were frequently subjected to invasion by
rebel and Union troops, with their attendant ele-
ments of lawless camp followers, deserters and
guerillas.

Kentucky attempted to remain neutral at the
outbreak of the war. But the people divided
sharply. The State Guards and Home Guards
frequently clashed. They ravaged the country
without regard to military proprieties or disci-
pline. The civil authorities had been superseded
by military courts which often dealt more harshly
than wisely with the people they attempted to
govern. In Harlan and Bell Counties bad blood
was caused by these retaliatory invasions of rebels
and Home Guards. Many men took advantage
of the opportunity to wreak vengeance upon an
enemy they had feared to attack single-handed
and did so under the protection of the mass.
Crimes went unpunished because committed

Bloody Breathitt 263

under the guise of military operations. But in
Breathitt County there did not exist a border war.

After all the matter sifts itself down to what
has been pointed out in the introduction: Law-
lessness can exist only so long as the good ele-
ment of a community refuses to rise up against
it, and suffers itself to be intimidated.

It should be needless to say that in a republic
the people must rule supreme. By their forma-
tion of republican form of government they have
declared themselves capable and willing to govern
themselves, and to enforce the laws they have
themselves made. If a people fails to discharge
the duty of properly governing themselves, they
forfeit their right of citizenship.

If a community persists in its refusal to avail
itself of the right of self-government, that right
should be abrogated until such time as it shall
be able to guarantee not only willingness, but
capability for self-government. Where anarchy
exists, government has fled. Where a people
supinely lay upon their backs and permit anarchy,
are they longer entitled to the citizenship of a
great state and of a greater nation?

The people of Breathitt County, by their long
years of inaction and submission to terrorization
by a few, have shown that they do not or did not
consider themselves longer the most potent factor

264 Kentucky's Famous Feuds and Tragedies

in the conservation of order in society. Public
sentiment had lost its health. The people of
Breathitt County owe it to their manhood, their
county, their state, to the nation, to redeem them-
selves. For the horrors of strife there have been,
published broadcast to the world. " Breathitt "
has become synonymous with blood, murder,
anarchy, the world over. We have read of it in
foreign newspapers.

The United States only recently demanded of
Mexico that the disorders there, especially along
the borders, must cease. The Federal govern-
ment threatened that republic with war even,
unless citizens of this country and their property
are protected. Government might have found
as good grounds for intervention in Breathitt
during the past, and may yet — if the murder mills
there do not some of these days shut up shop.

America demands of foreign governments pro-
tection of the lives and property of our citizens.
Yet, owing to the complexity of our governmental
structure, it may not extend that protection to
its citizens within her own territory.

The outlawry along the Mexican border within
the last three years has not been as great in pro-
portion to size of territory and population in-
volved as has been the destruction of lives in
Breathitt County at intervals for years. Yet with

Bloody Breathitt 265

regard to Mexico this government has seen fit
to say that conditions along the border had be-
come " intolerant " and must cease even at the
risk of war.

The people of Breathitt County are citizens of
the United States, as well as of their State and
county. As such they ought to hasten to restore
the good name and the honor of the country to
which they belong, and of which they should be
proud. The murderous, lawless Mexican bandit
is no more a knave than the American guilty of
similar atrocities.

There did come, a few years ago, a wave of
reaction, an upheaval which brought into the
limelight of publicity the fearful state of affairs
existing there. Murders in the streets of the
county seat and throughout the county had oc-
curred with such frequency and boldness as to at
last attract the attention of the press of the entire
country. At last a man of wide prominence in
the State was struck down. This man was J. B.
Marcum, a United States Commissioner, and a
trustee of Kentucky State College, as well as
lawyer of prominence and a leading Republican.

The circumstances attending this murder and
the prominence of the man slain aroused at last
a storm of indignation throughout the land.
Newspapers of other States condemned Kentucky

266 Kentucky's Famous Feuds and Tragedies

so severely that public sentiment within the State
itself became aroused and forced the investiga-
tions which revealed Breathitt County's history
of blood and crime.

In spite of the most strenuous efforts from cer-
tain quarters to hush the matter up and to block
investigations of the damnable plots and mur-
derous conspiracies by men entrusted with the
enforcement of the law, the public was at last
made acquainted with conditions of affairs in
Breathitt County, which presented 'a picture so
harrowing and degrading that the civilized world
stood aghast and for a time refused to believe.

Breathitt is a beautiful mountain county along
the Kentucky River, scarcely forty miles distant
from Lexington, the metropolis of the Kentucky
Bluegrass, famous the world over for the refine-
ment of her people.

Jackson is the county seat, a small but thriv-
ing town on the Kentucky River, built upon
numerous hills, which give it an irregular, though
by no means displeasing appearance.

Commercially, Jackson is prosperous, surpris-
ingly so under the circumstances. How much
more rapid and greater might have been its pro-
gress but for the deplorable epidemics of murder,
none can tell.

Bloody Breathitt 267

Jackson is also the terminus of three railroads.
The town has good schools and several churches,
but church-going, schools and trading were sadly
interrupted and at times completely stopped dur-
ing the reign of terror which held Breathitt in
its bloody clutches during the first decade of the
present century.

It is impossible in a limited space to give more
than passing notice to all of the feudal wars which
have been fought from time to time in Breathitt
County. To do so would fill a volume. What
the reader finds detailed in this chapter relates
principally to the Hargis-Cockrell-Marcum-Cal-
lahan vendetta. It is the most recent feud.
What transpired during it is but a repetition of
what had occurred in others.

The first widespread feud in Breathitt County
originated immediately after the Civil War. In
that national conflict the county furnished sol-
diers to the South and to the Union. John Amis
and William (Bill) Strong raised a company for
the Federal cause. It became a part of the so-
called " Greasy Fourteenth," and was commanded
by Col. H. C. Little.

It was in this regiment that the noted Amis-
Strong feud arose. It was the first of a series
of bloody internecine strifes in that county.

The hatred engendered during the Amis-

268 Kentucky's Famous Feuds and Tragedies

Strong feud was more bitter than the sectional
strife between the armies of the North and of
the South. A feud between the two factions
was not recognized to have existed, however,
until about 1878.

In that year open and serious hostilities were
precipitated by a fight during Circuit Court.
In the battle Bob Little, a nephew of Captain
Strong, was killed, and an Amis seriously
wounded.

From that time on fights grew more numerous.
Charges and countercharges were made on both
sides. The county was in a ferment. Finally,
nearly every family became involved in one way
or another.

How many men were killed in this feud will,
perhaps, never be known, but many graves were
filled. In this connection it may be well to state
that the county has rarely had a coroner and no
records were kept of deaths. It is thus an im-
possibility to ascertain the number of violent
deaths which have occurred in the past.

John Amis himself, the head of the faction of
that name, was killed in 1873. The feud finally
" burned itself out."

A few years after the termination of this one
another started, under the name of the Strong-
Callahan feud. Some of the members of the

Bloody Breathitt 269

factions in the Strong-Amis feud also partici-
pated in this one. In this war Capt. Bill Strong
headed his faction. Wilson Callahan, the father
of Ed. Callahan, who figures so prominently in
the Hargis-Cockrell feud, commanded the op-
posing forces.

A number of men were killed off before Wil-
son Callahan' s death by assassination put an end
to it

The Jett-Little feud next stained the history
of Breathitt County. It was brought to a close
about fifteen years ago, and after the principal
participants therein had all been killed off. As
bad as conditions had been prior to 1878, they
grew decidedly worse in that year, when Judge
William Randall, the presiding judge of the
Criminal Court of the district, was compelled
to desert the bench in the midst of a court ses-
sion to seek safety in flight. The county was
in a state of revolution brought about by the
assassination of Judge John Burnett, then the
county judge. This crime was laid at the door
of the Gambles and Littles. The uprising of
the factions was precipitated by Judge Randall's
declaration that his court would see to it that
the criminals were punished. Judge Randall
never returned to Breathitt County during his
term of office.

270 Kentucky's Famous Feuds and Tragedies

During the latter part of the eighties another
reign of terror was initiated, and continued until
the close of the decade.

Lest we might be accused of exaggeration and
sensationalism, we insert here the acrimonious,
bitter correspondence between Governor Buckner
and Judge Lilly, the presiding judge of the Crim-
inal Court of the district which included Breathitt.

The letters are a matter of public record, and
are instructive, interesting, and will no doubt
materially aid the reader to understand the na-
ture of frequent clashes between state, district
and county authorities.

Judge Lilly to Governor Buckner.

Frankfort, Ky., Dec. 5, 1888.
To his Excellency, the Governor of Kentucky.

Dear Sir: — From a full investigation and in-
quiry into the condition of the affairs in Breathitt
County, I am fully satisfied that the civil au-
thorities cannot hold a circuit court in that
county and enforce the law without the aid of the
State Guard. That the people are divided to such
an extent that a sheriff's posse will not be suf-
ficient. Several murders have been committed in
the county since the last term, and the offenders
are not yet indicted, and cannot be, unless the
witnesses can be protected. Charges are made
against a brother of the sheriff, and the son-in-
law of the jailer, and the witnesses cannot be

Bloody Breathitt 271

induced to go before the grand jury unless they
have assurance of protection. There is a num-
ber of felony cases in the court, which I think
will be ready for trial * * *

Governor Buckner's Reply.

Hon. H. C. Lilly, Judge iQth Judicial District,
Irvine, Kentucky.

Dear Sir : — I have fully considered your letter
of the fifth inst. in reference to the condition of
affairs in Breathitt County in which communica-
tion you say that you are " fully satisfied that the
civil authorities cannot hold a circuit court in that
county and enforce the law without the aid of the
State Guard; that the people are divided to such
extent that a sheriff's posse will not be sufficient ;
several murders have been committed in the
county sinjce the last term, and the offenders are
not yet indicted, and cannot be, unless the wit-
nesses can be protected ; charges are made against
a brother of the sheriff, and the son-in-law of the
jailer, and the witnesses cannot be induced to go
before the grand jury unless they have assurance
of protection." And you further say: "I, as
judge of the Breathitt Circuit Court, call upon
you to furnish fifty of the State Guard, properly
officered and equipped, to aid the civil authorities
in holding said court and in enforcing the law."

It is needless for me to say that in a republic
the employment of the military arm in enforc-
ing the law is of rare necessity, and the occasion
for its use should not be of doubtful propriety.

272 Kentucky's Famous Feuds and Tragedies

The law invests the civil authorities with ample
powers to enforce the observance of law, and
expects those officers to exert their authority
with reasonable diligence. When this is done
there is seldom an occasion when the military arm
can be employed without detriment to the public
interests and without bringing the civil authorities
into discredit. When a people are taught that
they are not themselves the most important factor
in the conservation of order in society, and that
they must depend upon the exertion of extraneous
forces to preserve order among themselves, they
have lost their title to self-government, and are
fit subjects to a military despotism. I do not be-
lieve that any portion of this Commonwealth has
reached that degree of political degradation.

As far as Breathitt County is concerned, while
there have been acts of individual lawlessness, I
do not find in your statement, or from any other
source, an evidence of any organized opposition
to the civil authorities. On the contrary, I am
convinced that a reasonable exertion of their
legitimate power would cause the masses of the
people to rally to their support more effectually
than could be done in the presence of the military
force. The latter, whatever their numbers, could
not influence, and ought not to influence, the
character of the testimony of a single witness be-
fore the grand jury, but their presence would be
a confession of weakness on the part of the civil
authorities before they had made any attempt to
discharge their duties, and to this extent would
lessen respect for their authority, and render the

Bloody Breathitt 273

subsequent discharge of their duties more diffi-
cult. A healthy public sentiment, and not the
presence of an armed force, is the best support
of government; and the powers conferred upon
a circuit judge, both as a judge, and as a con-
servator of the public peace, are so unlimited that
a firm and judicious discharge of his duties will
almost invariably mould public sentiment in sup-
port of his judicial actions.

Under all the circumstances, I do not believe
that the presence of troops in Breathitt County
is necessary to maintain the laws. With every
purpose to support the judicial tribunals in the
effective discharge of their duties, I feel con-
strained to decline the request which you make
to order a detachment of the State Guard to
Breathitt County. But if my own presence will
be of any service to you, I will take pleasure in
accompanying you to the Breathitt Circuit Court
if you conclude, on reconsideration, to hold it.

In your letter, November I3th, you say: "I
will not attempt to hold courts at Letcher, Knott
or Breathitt unless you send guards along." This
is a matter on which the Executive can take no
action. It is for the legislative department of
the government to judge of the facts which will
justify an official in thus abdicating the duties im-
posed upon him by law.

But on this subject I trust you will permit me,
without obtruding on your consideration any
views of my own, to invite your attention to an
act passed by the General Assembly at its last
session, and approved March Qth, 1888. Amongst

274 Kentucky's Famous Feuds and Tragedies

other things this act provides that " if, at any
term of circuit court, the presiding judge thereof
shall be absent * * * it shall be lawful for
any other circuit judge of this Commonwealth
to attend and hold such term of court, and while
so engaged he shall have and exercise all the
powers and authority of the regular judge of
such court."

I am informed that under authority of this
act, some circuit judges have already interchanged
courts, and if there are any reasons why you
prefer not to hold the court in Breathitt, I have
no doubt that many of the circuit judges would
be willing to interchange with you. I happen to
know that Honorable Lucius P. Little is willing
to hold the Breathitt Circuit Court for you, if you

will hold the McLean Circuit Court for him
* * *

Your obedient servant,

S. B. BUCKNER.

Judge Lilly to Governor Buckner.

Irvine, Ky., February 4th, 1889.
Governor S. B. Buckner.

Dear Sir: — Your letter dated I4th December,
and postmarked on the i8th, was received by me
on the night of the 25th, at Jackson, Breathitt
County. On the third page you proposed to ac-
company me to Jackson in the following words :
" But if my own presence will be of any service
to you, I will take pleasure in accompanying you
to Breathitt court, if you conclude, on reconsid-

Bloody Breathitt 275

eration, to hold it." You were advised that the
Breathitt court would begin on the I7th, and I
suppose your Adjutant-General had informed you
that I had decided to go and hold court if I
could do so. I told him on the morning of the
eighth that I would go to Breathitt court. You
must have believed that I would leave Irvine for
Jackson as early as the morning of the I4th, and
before you wrote your letter. Why did you make
such a proposition to me at the time you did ? I
fear you will have a little trouble in making
people believe that you made the offer in good
faith.

On page 4 of your letter you say " I happen
to know that Hon. Lucius P. Little is willing to
hold the Breathitt Circuit Court for you, if you
will hold the McLean Circuit Court for him." I
thank Judge Little for his kind offer, and be-
lieve he made it in good faith, but why did you
withhold the information from me until it was
too late for me to confer with him. He lives in
the western part of the State. You must have
known that I had no time to make any arrange-
ments with him. You must have known that the
offer was futile, and that it could not be carried
into effect. Can you make the public believe that
you were acting in good faith?

In speaking of the application made to you on
the 5th of December, you failed to make any
reference to the papers filed with it. Why did
you conceal from the public the fact that a ma-
jority of the attorneys who practice at the
Breathitt Circuit Court * * * and divers

276 Kentucky's Famous Feuds and Tragedies

other prominent men, had requested you to send
a guard, and gave it as their opinion that the
court could not be held without a guard? I am
at a loss to know why you sought to throw the
whole responsibility upon me.

That the public may know something about the
condition of Breathitt County at the time, it is
only necessary to say that between the first day
of August and the fifth day of December, 1888,
the following men were killed, to wit: Lewis
Taulbee, James Shockey, David Barnett, and
Isaac Combs, " Shooting Ike ; " and the follow-
ing men were shot and wounded, viz: Crain
Flinchem, John Smith, Jeff Smith, Marion Law-
son, Curtis Spicer, Luther Abner, John Camp-
bill, Jack Barnett, Pearl Strong, Wm. Frances,
and Breck Miller. There were also a large num-
ber of other felonies committed in the county,
and all this, in addition to the old docket, which
shows a large number of felony cases. Knowing
their system of combining their strength to help
one another, to prevent any one being punished
by the law, I submit to you if it would not have
been better if you had sent a guard there to en-
courage the good citizens to attend court. I held
court there three weeks, and there was no out-
break, that is true, and it is also true that we got
no verdicts in important cases. We tried four
murder cases and had hung juries in each case.
Except those required to be in attendance, the
good citizens of the county were not there. Why
were they absent? I think it was because they
thought it unsafe to be there. For the same

Bloody Breathitt 277,

reason nearly all the attorneys who practice at
that bar failed to attend the court.

Theories look well on paper, but when you
come to put them in practice they often fail to
work well. What do murderers and outlaws care
for theories. I hope you will not think I put it
too strong when I say that your course has given
comfort, if not aid, to those who are charged with
crime. They feel that they are able to prevent
the civil authorities from enforcing the law, and,
in view of your letter, they feel that no help will
be given the civil officers, and hence they will do
as they please.

Judge W. H. Randall, Judge Robert Riddle,
Judge Cole and Judge Jackson and other judges
have thought it advisable to have a guard. Judge
Finley failed to attend his courts in Letcher,
Perry and Knott for several terms before his
term of office expired. They, like myself, had
better opportunities of knowing the real status of
affairs in their counties than people who live far
away, and do not understand the people.

It has been published in the newspapers of the
State that a certain judge of the State held his
courts in Breathitt County and had no trouble.
That judge, previous to his election, had been
employed as counsel for nearly every one charged
with high crime in that county, and, as a conse-
quence, did not have to try them. On the con-
trary, he was doing all he could to prevent their
conviction and to prevent the laws being enforced
upon them. He is yet the employed counsel of
six persons charged with murder and other high

278 Kentucky's Famous Feuds and Tragedies

crimes in that court. Of course, he had no
trouble. Who can say, whether, if he had tried
to bring them to justice, he would have gotten
along so easily. As the papers pretty generally
throughout the State have published your letter
to me, I hope they will do me the favor to pub-
lish this, my answer.

Hoping you will find it easy to answer the in-
terrogations propounded to you in this letter, I
remain,

Yours respectfully,

H. C. LILLY.

'Governor Buckner's Reply.

COMMONWEALTH OF KENTUCKY.
EXECUTIVE OFFICE.

Feb. 8, 1889.
Hon. H. C. Lilly,

Judge Nineteenth Judicial District,

Irvine, Kentucky.

Dear Sir : — Your letter of the 4th inst. reached
me yesterday. You seemed to impute want of
good faith on my part in offering to attend you to
the Breathitt Circuit Court. This charge on your
part is based on the erroneous and gratuitous as-
sumption that,the Adjutant-General had doubt-
less informed me that it was your intention to
hold the Breathitt Circuit Court on the regular
day. The Adjutant-General informs me to-day
that he did not himself know that it was your

Bloody Breathitt 279

determination to hold the court, and that the
remark you made to him on the subject left him
in the belief that you had not reached a deter-
mination as to what you would do in the premises.
You wrote me that you would not hold court in
Knott or Letcher, and in your conversation with
me gave me no ground to believe that you had
concluded to hold the court in Breathitt.

My conclusion was therefore logical and neces-
sary that you would not hold the court.

Your assumption that I knew that you would
hold it is therefore entirely erroneous, and the
decision you reach in consequence of this assump-
tion is fallacious.

You ask me a number of questions in your
letter, but as you proceed to make replies to suit
yourself, and to reach conclusions favorable to
your own views, you spare me the necessity of
giving them any response. I limit myself to
stating what alone is relevant to this question,
that having concluded that there was no necessity
of sending troops at great expense to the State,
I offered to accompany you so that, if my views
should have proved erroneous, I would have been
on the ground to have called to your aid such
assistance as may have been needed.

As the session of court was to continue during
three weeks, and as you could have taken your
seat on the bench at any time during the term,
there was ample time, after writing my letter,
for you to have reconsidered your determina-
tion, if you had been at Irvine, where I supposed
you were, and to which place I addressed my

280 Kentucky's Famous Feuds and Tragedies

letter to you, and to have gone afterwards to
Breathitt long before the term of court should
have closed. So far from knowing that it was
your purpose to hold court, I had not the slightest
idea that you would do so, until I learned after
the adjournment of the court that you had held
it. I am gratified that you did so, for it was a
demonstration that troops were not necessary for
your protection.

In like manner there would have been time
for you to have made an interchange with Judge
Little, by telegraphic correspondence, if such had
been your desire.

You seem to charge that I have aided and
abetted criminal classes by declining to place
troops at your disposal in Breathitt County, and
attribute to their absence the non-conviction of
criminals. If their absence produced such a re-
sult in Breathitt County, their presence at your
court in Perry County should have produced, ac-
cording to your logic, a large number of convic-
tions. But I am advised that the result was the
same in both counties. We must, therefore, look
for some other reason than the presence or ab-
sence of the military to account for such uni-
formity of results. I believe myself that the
court is and ought to be, an important factor in
the administration of justice, and that the pres-
ence or absence of the military should have no
weight in its decisions, and ought not to influence
its actions.

You ask why I throw " the whole responsibil-
ity " of making an application for troops upon

Bloody Breathitt 281

you? It was because you were the judge who
made the application; who demanded protection,
and averred you would not hold court unless I
sent guards along. There was no one else with
whom the responsibility could be divided, and as
you must have acted from your convictions of
duty, I do not see' why you should seek to avoid
the responsibility, or desire me to place it where
it does not belong.

I have no criticisms to make in reference to
other judges who have asked for troops, or in
reference to Judge Finley, who, you say, failed
to attend certain courts.

These were occurrences under former admin-
istrations, and were doubtless considered by the
Executives of the time in the light of facts, which
I do not pretend to know. Much less will I offer
my comment upon the grave charges you insin-
uate against another judicial officer in connection
with the Breathitt court. But I cannot refrain
from expressing regret at what seems to be the
manifestation of feeling on your part, which does
not impress me as strictly judicial, but, notwith-
standing this, I beg you to rest assured of my
desire to support your authority in every way
that the Executive can do, consistent with the
public welfare. I have no objection to your giv-
ing the fullest publicity to your letter.
Respectfully yours,

S. B. BUCKNER.

The last feud in Breathitt County, during
which the most horrible assassinations were com-

282 Kentucky's Famous Feuds and Tragedies

mitted, was the Hargis— Cockrell-Marcum-Calla-
han vendetta.

The Hargises and the Cockrells claimed that
the name is a misnomer — that no feud existed.

Capulet once said : " The Montagues are fur-
nishing all the trouble and we are only innocents
slaughtered."

Montague said : " The Capulets are making
the war. We are only defending our lives and
property."

An apt quotation, here.

A political race first engendered the bitterness
which led to the murders narrated later on. In
this race the Democratic candidates were elected,
at least declared to have been elected. Their
ticket was headed by James Hargis for county
judge and Ed. Callahan for sheriff.

The fusion ticket, which was defeated in toto,
contested the election, alleging fraud.

At that time one J. B. Marcum and O. H.
Pollard were partners in the practice of the law.
Marcum had accepted a fee for the contestants,
the fusionists, and Pollard for the Democratic
contestees.

Marcum and Hargis were said to have had a
difficulty about a year prior to this contest, but
the breach between them seemed to have been

Bloody Breathitt 283

healed. Marcum had been attorney for the
Hargises for a number of years.

It appears that during the taking of depositions
in the contest case the first open rupture occurred.
What actually transpired has been told in con-
flicting stories. It seems that Marcum, Pollard,
James Hargis and Ed. Callahan were in Mar-
cum's law office. They differed in regard to some
testimony of certain witnesses and nearly came
to blows. Pistols were drawn by some of the
men and Marcum ordered each and all from his
office.

Police Judge Cardwell issued warrants. Mar-
cum at once surrendered and paid his fine.

Hargis declared his refusal to appear before
Judge Cardwell, whom he regarded as an enemy,
and had so considered him for years. He there-
fore surrendered to Magistrate Edwards, a per-
sonal friend. A controversy arose as to Justice
Edwards' jurisdiction in the matter. The dis-
pute threatened to create still further trouble, to
allay which Mr. Marcum moved the case against
Judge Hargis to be dismissed, which was done.

Here starts the war. In making the arrest of
Judge Hargis, the town marshal, Tom Cockrell,
assisted by James Cockrell, his brother, were said
to have drawn guns on Hargis and that only the
intervention of Sheriff Callahan prevented the

284 Kentucky's Famous Feuds and Tragedies

two from killing Hargis. This the Cockrells in-
dignantly denied. They asserted that in making
the arrest of Judge Hargis they had used no
more force than was necessary. Hargis swore
they would pay for their audacity in drawing a
gun upon his person, and he made good his
threats, that is, others did make it good for him.

Numerous unsavory charges now began to be
made first on one side and then the other.
Marcum at one time charged Ed. Callahan with
assassinating his, Marcum's, uncle, Capt. Bill
Strong, who was shot from ambush in front of
his home in either 1898 or 1899.

Callahan in turn charged Marcum's uncle, the
deceased Capt. Bill Strong, with the assassination
of Wilson Callahan, the father of Sheriff Calla-
han. Each faction charged the other with the
murder of some one.

Shortly after this occurred a pistol duel be-
tween Tom Cockrell and Ben Hargis, in which
the latter was shot and killed on the spot.

The two had met at a " blind tiger " saloon in
Jackson and quarreled, with the result that both
drew their pistols and fired upon each other. Be-
fore Hargis sank dying to the floor, he had suc-
ceeded in seriously wounding his antagonist.

The Hargises at once began an active prosecu-
tion of Cockrell and kept it up.

Bloody Breathitt 285

Dr. Cox had married a kinswoman of the
Cockrell boys and had also become their guard-
ian, both of them being under age. The Cock-
rells were also related to Marcum, who had volun-
teered in Tom Cockrell's defense for the killing
of Ben Hargis. Marcum also was an intimate
friend of Dr. Cox, who practised in Jackson and
vicinity.

Not long after the killing of Ben Hargis an-
other brother of Judge Hargis met his death at
the hands of a man charged by the Hargis clan
as being a Cockrell man. John Hargis was the
man slain; " Tige " was his nickname. He was
killed by Jerry Cardwell.

Hargis had boarded the train at Jackson on
his way to Beattyville. Cardwell was the train
detective. It is claimed that Hargis had been
drinking and became disorderly. The conductor
in charge of the train asked Cardwell to preserve
the peace. As soon as Cardwell entered the car
Hargis sprang to his feet and drew his gun.
Cardwell and he fired simultaneously. Cardwell
was wounded, Hargis shot through the heart.
The Hargis clan always claimed that the killing
of John Hargis was the issue of a well-laid con-
spiracy with the Cockrells at the bottom of it.
They attempted to connect them with the shoot-
ing, but nothing ever came of it.

286 Kentucky's Famous Feuds and Tragedies

Dr. Cox, guardian and kinsman of the Cock-
rell boys, and J. B. Marcum, their cousin, were
intimate friends and frequently discussed the
foreboding aspect the community was taking on.
Rumors came to them frequently now that they
were marked for assassination. At first neither
Dr. Cox nor Marcum gave them much credence.
Finally, about the first of April, 1901, Marcum
went to Washington on business. While there,
Dr. Cox was assassinated. Marcum was con-
vinced that he, too, was marked for death.

The proof in the case shows that Dr. Cox had
left his home about eight o'clock one night to
make a professional call. The conspirators had
for many nights been watching his movements.
He had almost reached the corner of the street
diagonally across from the court house, and
directly opposite Judge Hargis' stable, when he
was fired on and he fell dead, riddled with small
shot. After he had fallen to the ground the assas-
sins fired another volley into his body and easily
escaped.

There was persistent rumor at the time of the
killing that the shots had been fired from Hargis'
stable, but witnesses were afraid to swear
positively about anything. Indictments against
parties for the murder were not returned until
some time afterwards.

Bloody Breathitt 287

It has been told that Judge Hargis had been
heard to laughingly say, after the fall of Dr. Cox,
" Great Scot ! didn't he bellow like a bull when
that shot hit him?"

While people in town entertained their own
opinions as to the guilty parties, but refused
to express them, the Cockrells openly charged
Hargis with complicity and of having hired the
assassins that committed the cowardly murder,
and maintained, seemingly with good reasons,
that Dr. Cox's only offence had been his friendly
relation with the Cockrells and his interest in the
defense of Tom Cockrell on the charge of the
murder of Ben Hargis.

The next victim of the assassin's bullets was
Jim Cockrell. He was murdered in 1912, in
broad day, from the court house.

Jim had been active in collecting evidence for
his brother in his coming trial for the Ben Hargis
murder. Rumors had come to him that he would
be killed if he did not desist. He continued, how^-
ever, and ignored the warning.

By this time the Cockrells, Marcum and many
other residents of the town kept closely within
doors at night. No one traveled the streets with-
out a lantern. This might have been some pro-
tection for absolute neutrals, but must have been
only an increasing source of danger to those

288 Kentucky's Famous Feuds and Tragedies

who had grounds to fear for their lives. Con-
finement at home was therefore the best and the
only reasonably safe policy.

Cockrell was shot at noon, July 28th, 1902,
from the second floor of the court house.

He was standing on the opposite side of the
" Temple of Justice/' talking to friends, when
the shots were fired that took his young life. He
was not dead when taken from the street. He
was hurriedly removed to a hospital at Lexington
the same afternoon, where he died on the follow-
ing morning. Cockrell was town marshal at the
time of his death.

Curtis Jett was later on indicted for the
murder, together with others, and convicted,
but not until after the death of Marcum was it
that these prosecutions were set on foot. Mar-
cum had repeatedly declared before his death
that he had ample evidence to prove that Jett
and two others fired the shots that killed Cockrell,
and that the assassins had remained concealed in
the court house the remainder of the day and
made their escape at nightfall.

Jett and Cockrell had been enemies for some
time prior to the murder. The week before the
two had fought a pistol duel in the Arlington
Hotel's dining-room. Neither was wounded,
friends interfered, and the affair ended without

Bloody Breathitt 289

arrests being made. Curtis Jett was a deputy
sheriff under Ed. Callahan.

Capt. John Patrick, a fugitive " from injus-
tice, " as he put it, went to Lexington and there
gave out a statement to the effect that he, one
Mclntosh and others had seen and recognized
the Cockrell murderers. Patrick then left the
country, but offered to return and testify if suf-
ficient protection was afforded him. He did re-
turn and testified in the succeeding trials, although
he dodged the officers sent after him for some
time.

Mclntosh was taken before the grand jury,
but refused to testify. He was remanded to jail
for contempt of court and remained there for
four days. When finally he made up his mind
to talk, he testified that he knew nothing what-
ever of the matter.

In the meantime, Jim Cockrell's brother Tom
had secured a change of venue to Wolfe County,
to be tried there for the murder of Ben Hargis.
The trial was to take place at Campton. Cockrell
was taken there under an armed guard of twelve
men. He was himself given a gun for defence.

When the trial was about to begin Judge
Hargis refused to have anything further to do
.with the prosecution of the case, alleging that the

290 Kentucky's Famous Feuds and Tragedies

transfer to Campton was but a scheme to assas-
sinate him on the road thither.

In the meantime Marcum had become a volun-
tary prisoner at his home. Clients that wished
to see or consult him went to his house to do so.
He appeared on the streets of the town but few
times.

His fears were laughed at by some ; the Hargis
faction, including Callahan, pronounced him a
coward. His end proved the correctness of his
judgment and how well founded had been his
fears.

The story of plots and conspiracies against his
life, his many marvelous escapes from assassina-
tion, were graphically told by himself but a short
time before his death. The interview occurred
in Lexington on November I4th. He told the
same story to the writer with whom he had been
on intimate terms of friendship.

The story told to the Lexington reporters and
given out in the press was as follows :—

" I will begin my story with last March ( 1902)
when persistent rumors had it that Doctor Cox
and I were slated to be assassinated.

" Dr. Cox and I discussed these rumors fre-
quently and I finally came to the conclusion that
they were groundless. I went to Washington
and stayed a month. While I was there Dr. Cox
was assassinated.

Bloody Breathitt 291

" I was attorney for Mose Feltner. On the
night of March 3<Dth he came to my home in
Jackson, and stated that he had entered into an
agreement with certain parties (naming them)
to kill me and that his accomplices were to be
three men whom he also named.

" He said that their plan was to entice me to
the office that night when they would kill me.
He said he had been provided with a shotgun
and $35. to get me. He displayed the gun which
was a new one, had never been shot, and also
exhibited to me the money. I know he did not
previously have the money.

" A few mornings later Feltner took me to the
woods near by and showed me four Winchester
rifles concealed there, and stated that he and three
companions had been leaving them there in the
day time and carrying them about at night to
kill me with.

"Of course he did not intend to kill me, but
by pretending that he would assassinate me cer-
tain persons, he said, would guarantee him his
acquittal in the coming trial for the killing of
Jesse Fields.

" He continually led them on in this belief to
secure his own protection and immunity in the
Fields murder case against him. At the same
time he continually warned me of the various
plans perfected to kill me.

" On the following morning after Feltner first
warned me of my danger, I sent my wife and
little boy by way of a deep ravine two hundred
yards from my house in good rifle range. This

292 Kentucky's Famous Feuds and Tragedies

was the only place where assassins could conceal
themselves and kill me at my house, for by this
time I had ceased visiting my office, and their
only chance was to kill me at my house. It was
early in the morning when my wife and little
boy arrived at the ravine. They saw four men
carrying guns run away. My son recognized two
of them, but did not recognize the other two,
one of the latter, Feltner told me afterwards was
himself.

" Finally, I decided to leave Jackson. In the
early evening I went to the Arlington Hotel with
my wife and made arrangements to be rowed
across the river to the tunnel early the next
morning and board the train unobserved. Later
in the day Feltner came to my room and stated
that the party I had seen had told them that I
was preparing to leave town, and that thereupon
certain high officials of the county placed four
men at the depot, two men at the tunnel and two
men at the railway station to kill me.

" I took his word and did not attempt to leave
town. I sent the next morning for my wife and
baby, and carried the baby in my arms to my
office, and at noon from there to my home.

" I was later informed by Feltner that a party
was waiting in the upper rooms of a store to kill
me. He wanted to shoot me with a rifle, but
others insisted that he use a shotgun, saying that
Doctor Cox had been killed with a shotgun.
After I passed by they asked the man with the
shotgun why he didn't shoot, and he answered
that with a shotgun he would have killed the

Bloody Breathitt 293

baby, but if they had let him have his way and
he had been given a rifle, he would have shot me
through the head without endangering the baby.

" The night previous to my decision to leave
Jackson my sister came to me and warned me that
another plan had been formulated to kill me. Her
informant was Mose Feltner, who was engaged
until at a late hour in discussing the best plan.
When this meeting had adjourned it was then
too late to come to my house. So he went to
my sister's house in his sock feet and told her.

" I was awakened at daybreak Sunday morn-
ing, June 1 5th, by a messenger who had ridden
eighteen miles that night to bring me a note from
a friend who was also a friend of my enemies
and who was in their counsels. The note stated
that two men would come to town the following
Tuesday morning; that court would adjourn at
noon and that an attempt would then be made
to assassinate me in the afternoon. I knew the
men had been out of town but was inclined to
disbelieve their statement because I had not heard
that court would adjourn on Tuesday, in fact, I
had every reason to believe that it would not
adjourn until Saturday. I asked every member
of the bar in regard to this and their unanimous
opinion was that court would not adjourn until
Friday evening or Saturday morning. This also
was the opinion of the circuit court clerk.

' Tuesday morning I sent my friends ahead
and slipped out to Day Brothers' store near the
court house, they having reported that the coast
was clear. Then I found out that the men se-

294 Kentucky's Famous Feuds and Tragedies

lected to kill me had sure enough arrived in town.

" I returned home at ten o'clock, for it was
then getting too close to my funeral time, if re-
ports I had were true. Court adjourned just as
the clock struck twelve on Tuesday.

" I do not mean to cast any reflections upon the
judge. You can explain it to suit yourself. But
I assure you I kept to my room that day.

" On another occasion I slipped away to visit
my sister's house. On the way I met a sym-
pathizer of those whose enmity I had incurred. I
decided not to return and sent my two sisters and
wife ahead. They passed a ravine on the way
and there saw two men with guns. Later, after
they had turned out their lights, they observed
one man take his station in front of my house,
and the others, all heavily armed and dressed as
women, below my window in an adjoining
garden.

" Last Sunday morning a messenger came to
my house at daylight. He had been sent by a
neutral party who did not want me killed. He
told me that two men had arrived the night before
and were to have taken a front room in a house
near by and from there ambush me. The next
morning I observed the window raised about four
inches and the curtain drawn, in which position
the curtain and the window have remained since.
The men occupy rooms in that house and I sup-
pose the front rooms. I have not been even on
the porch since I received that message.'*

Marcum at one time had succeeded in escaping

Bloody Breathitt 295

from Jackson. He remained away for some time.
But when the leading officials of the county
laughed at the idea that he would be in the least
danger if he returned, he believed them. Lured
by the reports that he would not be molested,
and having considerable interests at stake, he re-
turned home and went to his death.

Both Judge Hargis and Callahan gave out
statements to the press to the effect that Marcum
would be as safe at Jackson as anywhere. In the
light of what occurred, this statement may have
been true. The statements were ambiguous, sus-
ceptible of various constructions. He may have
been as safe at Jackson as elsewhere, for it is
quite possible that assassins were at his heels
wherever he went.

On Monday morning a messenger from a dis-
tant part of the county rode hot haste to Jack-
son to warn him of renewed attempts upon his
life. The messenger did not reach him in time.
When he found him the bloody work had been
accomplished — Marcum was dead.

The story of the assassination is horrible and
pathetic. As has been said, despite all warnings
Marcum had begun to feel safe again and re-
sumed his interrupted law practice. He had busi-
ness at the court house in connection with the
reopening of the contest cases.

296 Kentucky's Famous Feuds and Tragedies

At eight o'clock Monday morning, May 4th,
1903, he proceeded to the court house with affi-
davits for filing. From the clerk's office he
walked to the front door of the court house, and,
facing the street, engaged in conversation with
his friend, Capt. B. J. Ewen.

The corridors stretching out at his back were
full of men. Marcum was leaning on E wen's
shoulder. The two men had been conversing for
possibly three minutes, when, at 8.30 A. M., a
shot rang out in the rear of the corridor. Marcum
staggered and as he sank to the floor another shot
fired. The first shot entered his back and
the ball came out through the breast. The next
shot passed through the top of his head and
was doubtlessly aimed as he reeled.

Just before the shots were fired, one Tom
White passed Marcum at the door and gazed into
his face in a manner calculated to draw Marcum's
attention. As White had passed, Marcum turned
to Ewen and said : " That's a bad man and I am
afraid of him."

The body of Marcum lay where it had fallen
for at least fifteen minutes before any of his
friends dared approach it.

Marcum's wife, on hearing of the murder of
her husband, rushed to the court house, knelt by
the side of the body and in the blood and brains

Bloody Breathitt 297

that had spattered the floor, drenched her hand-
kerchief. What sort of a vow she made then
may be imagined. We shall draw the curtain
over the scene of sorrow and grief at the home
of the murdered man. He left a wife and five
children.

Marcum had been a practising lawyer for
seventeen years. He was, at the time of his death,
a trustee of the Kentucky State College, a United
States Commissioner, and represented the Lex-
ington & Eastern Railway Company as well as
other large corporations in a legal capacity.

THE REIGN OF TERROR.

Immediately after the assassination of Mar-
cum, and for a long time afterwards, conditions
at Jackson were terrible.

There was consternation among all who had
in the least degree incurred the enmity of the
tyrants who now controlled both county and
town. Judge Hargis appeared in the newspapers
with a lengthy accusation against the dead man
Marcum, practically declaring that the assassina-
tion was a good deed and deserved.

Many relatives of Marcum, the Cockrells and
their sympathizers, left town and sought refuge
elsewhere.

298 Kentucky's Famous Feuds and Tragedies

No one dared travel the streets of Jackson at
night who was not sure of the protection of those
who held it in their grasp. Churches were de-
serted ; for many months no services were held.

It was with the utmost difficulty that any per-
son could be brought to even speak of the matter
in any way. Everybody was suspicious of every-
body else.

In the meantime the murderers were still at
large. No earnest effort had been made by the
" authorities " to apprehend them. It would not
have been difficult to have done so, for it was
an open secret as to who they were. The diffi-
culty lay in getting witnesses to talk. Some of
these left town and placed themselves beyond the
jurisdiction of the court, and absolutely refused
to return unless protected by troops.

B. J. Ewen, who was with Marcum at the time
of the murder, had at first declared that he did
not know who the assassins were. Judge Hargis
and Sheriff Callahan admitted that they saw the
slayer in the court house corridor but had failed
to recognize him. Then, like a thunderbolt from
a clear sky, came the announcement that Capt.
Ewen had decided to tell the facts as he knew
them, even at the risk of his life. He did so,
charging Jett with the actual shooting of Marcum,
and Tom White as an accessary.

Bloody Breathitt 299

The Hargis faction laughed at this declaration,
hinted broadly at perjury, pointing to the fact
that Capt. Ewen had already stated he did not
know the assassins, and that therefore his declara-
tion was not entitled to belief.

Ewen explained his change of attitude in the
matter by saying that, at first, he had decided to
keep his knowledge to himself, for his own pro-
tection, but that since then he had come to the
conclusion that it was the duty of a citizen, who
respected the law, to tell what he knew, even if
he risked his life in doing so. He told the story,
time and again, without a tremor, — outwardly at
least.

Jett was arrested at Winchester without a
struggle and taken to Jackson. The Governor at
once forwarded troops to the ill-fated town and
martial law continued there for several months.

The presence of the troops somewhat reassured
the citizens. Many of those who had departed
returned. The grand jury assembled and jointly
indicted Curtis Jett and Tom White, who had
also been arrested.

Many exciting events took place during the
presence of the troops at Jackson, but order was
gradually restored and people took heart. Ser-
vices at the churches were resumed, after months
of suspension.

300 Kentucky's Famous Feuds and Tragedies

In the midst of one of the trials Capt. Ewen,
who lived in camp with the troops,, not daring to
return to his own fireside, saw his house, his
home, the fruit of many years of labor and sav-
ing, go up in flames.

It was not accident. It was the reward for his
fidelity to good citizenship and his willingness to
tell the truth.

Ewen also declared that bribery had been at-
tempted by certain parties. Later on the matter
was aired in the courts, but nothing ever came
of it. Ewen removed from Jackson after the
trials.

No one acquainted with the situation in
Breathitt at that time doubted for a moment that
Jett and White were but the tools of men higher
up. It is not our province to make charges based
upon mere rumor, but this may be said without
fear of contradiction — that the testimony brought
out at the various trials which followed estab-
lished utter corruption on the part of those whose
duty it was to see to it that the guilty parties
were brought to justice.

These " officers " stood idly by, permitted men
to be shot down while calmly watching the pro-
ceedings, and made no attempt whatever to arrest
them. When outside pressure and extraneous in-
fluence and help at last forced investigations and

Bloody Breathitt 301

the criminals were apprehended and brought to
the bar of justice, these " officers " visited the
murderers in jail, supplied them with delicate
food, money and counsel, consulted witnesses,
hunted up persons willing to serve as defense
witnesses for a consideration, drilled them,
tutored them, and through intimidation and
threats of death forced men to commit the crime
of perjury to save the necks of the assassins.

Let us cite an example : A young man of pre-
viously good repute, a school teacher, was in-
dicted in the Harrison Circuit Court at Cynthiana,
where the trials of Jett and White occurred, for
having sworn falsely as a witness for the de-
fendants. He was found guilty as charged.
When the judge pronounced sentence, the con-
victed man broke down completely and admitted
his guilt, but pleaded in extenuation of his crime
that high officials of Breathitt County, enemies
of Marcum and Cockrell, had coerced him into be-
coming a witness for the defense and had drilled
him for hours so he would make no blunders in
the prepared testimony.

His story had the true ring about it. So
pathetic was the story told by the young man,
that both judge and State's attorney instantly re-
leased the man on his own recognizance, although

3O2 Kentucky's Famous Feuds and Tragedies

he asked to be sent to the penitentiary, where he
might be reasonably safe from assassination.

Let us see where the County Judge Hargis, and
Sheriff Callahan were at the time of the Marcum
assassination. Let us examine their actions ; they
speak louder than words. The reader may draw
his own conclusions and arrive at them without
assistance.

Both the county judge, Hargis, and Sheriff
Callahan hated Marcum and had been his sworn
enemies for a long time. The statements of
Feltner made by him to Marcum from time to
time implicated both these officials as the chief
conspirators, although Mr. Marcum at the time
he gave out his statement to the press, refrained
from quoting their names. He had, however,
done so to the writer on several occasions.

At the time of Marcum's assassination Judge
James Hargis and Sheriff Callahan were seated
comfortably in front of the Hargis store. (Prob-
ably the seats had been reserved in advance so
as to be certain of not missing any scene or act
of the tragedy.)

They had an unobstructed view of the court
house door, were bound to have seen what oc-
curred there, yet continued to sit unmoved, and
never made the least effort to locate or ascertain
the assassins. They appeared not in the least

Bloody Breathitt 303

disturbed, certainly exhibited no surprise. Why
should they? The conclusion is irresistible —
but we shall let the reader draw it.

Capt. Ewen testified that he was standing at
the side of Marcum when he was killed. Marcum
was leaning heavily upon his shoulder. Just be-
fore the shots were fired Tom White passed by the
two men, turned and gazed into Marcum' s face.
Marcum said " that's a bad man, and I'm afraid
of him." The next moment the shots were fired.

As White passed Marcum the latter turned
his back to the rear of the corridor and the wit-
ness Ewen turned with him. This put his face
to the rear of Marcum and he recognized Curtis
Jett and saw him standing there with a pistol
in each hand.

Marcum having fallen to the floor, Capt. Ewen
stepped out of doors to save his own life. The
position of Jett and of his gun made Ewen be-
lieve that he would be shot next. A few mo-
ments later Jett appeared at the side door of the
court house, looked out, then walked calmly down
the steps and mingled with the crowd.

Tom White, so the testimony of other witnesses
shows, was standing in front of Day Brothers'
store just before the murder. An acquaintance
invited him to take a drink. He refused, saying
he had not time, that he was looking for a man.

304 Kentucky's Famous Feuds and Tragedies

He caught sight of Curtis Jett, motioned to him,
and the two entered the side door of the court
house. White then passed on through the corri-
dor to the front door, and in the manner detailed
attracted Marcum's attention, while Jett took his
position behind him. White immediately turned
to the side of the front door to escape the bullets
he knew would be coming.

After the murder Jett and White came im-
mediately together again at or near the jail and
walked down the street unmolested.

Tom White had come to Jackson several days
before the murder, ostensibly to secure work, but
only one man was introduced to prove that he
made any sort of attempt to obtain employment.
Jett and White were seen together before the
shooting and immediately afterwards.

It was the contention of the Commonwealth
that the defendants had been hired to do the
murder. One need only read the statement of
Marcum to see with what hellish coolness and
deliberation these plots had been arranged.

The defense was precluded, of course, under
the circumstances, from relying upon the plea of
self-defense, so it proceeded at once to hatch
up an alibi. This, however, proved so transpar-
ent a fabrication that the jury ignored it alto-
gether and promptly returned a verdict of guilty

Bloody Breathitt 305

against both of the accused. The sentence was
for confinement in the penitentiary for life. But
for the persistency of one juror, who refused to
join in a death verdict, they would have been
hanged, perhaps.

Curtis Jett was a sworn officer of the county at
the time of the murder of Marcum, a deputy
under Sheriff Callahan. He was proven guilty
also of the assassination of Cockrell by shooting
him from the court house, the temple of justice,
prostituted and turned over to the service of
murderers by those in control of it.

Jett's record previous to these assassinations
was bad. Twice he had been accused of rape,
had repeatedly been confined in jail on various
other charges, for shooting at persons with in-
tent to kill, for malicious shooting and wounding
and had been indicted for the ruin of a young
girl. He was a moral degenerate. His very
appearance proclaimed to the physiognomist the
cruel, heartless nature of the man. His chin was
short and receding, the cheek bones prominent,
hair bristly red, eyes deep set and countenance
scowling and bad.

Jett had been for a time confined in the Louis-
ville jail until his trial at Cynthiana. While in
prison he had given the jail officials no end of
trouble on account of his violent disposition to-

306 Kentucky's Famous Feuds and Tragedies

ward the other prisoners. One and all feared
him.

After his removal to the penitentiary he pur-
sued similar tactics for a time, but there they
broke him. He is still confined and is now said
to have become a model prisoner. It is said he
intends to preach after his release, — it must be
remembered that a life sentence in Kentucky does
not mean confinement for life.

Judge Hargis and Callahan were in due time
arraigned for various murders in connection with
the feud. Although Curtis Jett, John Abner,
John Smith and Mose Feltner (who figures so
prominently in the Marcum statement), confessed
in one way or another that the accused were the
leaders in the assassinations of Dr. Cox, Cock-
rell and Marcum, the chief conspirators, for
whose benefit the murders were done and who
had furnished the sinews of war — money and
ammunition — they were acquitted.

The widow of James B. Marcum, regardless
of the verdicts of acquittal rendered in the various
murder trials of Hargis and Callahan, brought
suit in the civil courts and secured a judgment
against them for several thousand dollars for
having been the instigators of the murder of her
husband. The judgment was paid without appeal.

Bloody Breathitt 307

RETRIBUTION.

" He that sheddeth man's blood, by man shall
his blood be shed." This threat was fulfilled to
the letter in the cases of both Judge Hargis and
Sheriff Callahan. Both men died with their boots
on.

Judge Hargis was shot and killed at his store
in Jackson in the winter of 1908 by his own son,
Beach Hargis. The young man was indicted for
murder February i8th, 1908, tried and found
guilty. He escaped the death penalty, and re-
ceived a life sentence, but is already at large,
having been paroled 1916.

The judgment of the court was appealed from
and strenuous efforts were made by the widow
of the slain man to secure a new trial and save
her son from conviction for the murder of her
husband. Hers was indeed a pathetic situation.
Mrs. Hargis employed the best counsel obtain-
able. Senator William O. Bradley, a lawyer of
national fame, argued the case exhaustively be-
fore the Court of Appeals. The judgment of the
lower court was affirmed.

The case was one of widespread interest. The
facts and circumstances attending the murder ap-
pear at length and are commented upon in an
opinion of the Court of Appeals, written by

308 Kentucky's Famous Feuds and Tragedies

Judge Hobson, and reported in 135 Kentucky Re-
ports.

Judge Hobson, in his statement of the case,
says : —

' The proof for the Commonwealth on the
trial showed in brief these facts: —

" On the night before the homicide Beach
Hargis had gone to his father's store and asked
one of the clerks for a pistol. The clerk declined
to give him a pistol out of the stock, but told him
that his father's pistol was there in a drawer of
his desk and he could take that. The defendant
secured the pistol, but said nothing to his father,
although he was then in the store. The next
morning between nine and ten o'clock the defen-
dant was sitting in the barber shop. His face
was swollen. He told the barber that his father
had hit him in the mouth and hurt him there. A
man who looked like his father passed. He raised
up in the chair, threw his hand back and said:
* I thought that was the old man/ About an hour
later he drank a bottle of Brown's Bitters, and
said to a bystander : ' Did you hear about the
old man mashing my mouth ? ' and added that
it was hard to take. Some two hours later he
appeared at a drug store kept by his brother-in-
law, Dr. Hogg, drew his pistol, and was waving
it about, pointing it in the direction of a by-
stander and his brother-in-law. From this drug
store, after a few minutes, he went to his father's
store. It was a double storeroom. His father

Bloody Breathitt 309

was in one room and he entered the other and
took a seat in a chair not far from the front door.
While he was sitting there in a chair, a man in
the other room asked his father where Beach
was. His father pointed him out to the man and
said : ' There he sits. I have done all I can for
him and I cannot go about him or have anything
to do with him/ A few minutes later his father
said to another man who was in the room : ' I
don't know what to do with Beach. He has got
to be a perfect vagabond, and he is destroying
my business, and if Dr. Hogg let's him stay there
he will ruin his business/ After saying this to
the man the father walked in the direction of
where the defendant was sitting. There were a
number of persons in the store. As his father
approached, the defendant got out of his chair
and walked around behind a spool case that was
setting on the end of the counter. No words
were spoken. The first sound that anybody heard
was the report of a pistol. His father was then
about three feet from him. A struggle ensued
between them, during which the pistol was shot
four times more, all five of the shots taking effect
in the father. Persons in the store ran up, and
when they got to them the father had the son
down and had the pistol, which he handed to one
of them, saying : ' He has shot me all to pieces/
The father died in a few minutes.

* The proof for the son was in substance that
the father came up to him, struck him in the face,
and began choking him. When he felt his eyes
bulging out, he drew his pistol and shot him, and

3io Kentucky's Famous Feuds and Tragedies

his father continuing to choke him, he fired the
other four shots in the struggle; the last two
being fired from the floor. The proof for the
defendant also showed that the father was drink-
ing. Taking all the evidence, we think it reason-
ably clear that the father was unarmed and that
he was shot by the son while he was approaching
him, and before he had touched him. Two wit-
nesses who were on the outside of the store, were
looking through the windows, and their testi-
mony, as well as the testimony of persons in the
store, confirms this conclusion. We think it also
reasonably clear that the son was maudlin drunk,
pud but for this the unfortunate homicide would
not have occurred. He showed that he was
under the impression that his father had left the
store, and that he went there to meet an uncle,
but expecting no difficulty. He also showed that
about a week before his father had beat him un-
mercifully with a ramrod, that previous to this
he had whipped him with a rope, and on the last
occasion had struck him in the mouth with his
fist, and got upon him on the floor and churned
his head against the floor; that he had taken
his pistol from him, and had threatened to shoot
him with it and had been prevented from doing
this by the interference of bystanders, and that
he had then declared he would kill him. There
was also evidence that the son had said that the
old man had beaten him up, but that he would
never get the chance to do it again. Also that he
had declared when his father had taken the pistol
from him when drunk, that every time he got

Bloody Breathitt Jin

drunk and was having a good time, they had to
do something to him, and that he aimed to kill
his father and certain other persons whom he
named.

" The defendant offered to prove by his grand-
mother and others that his father had taught him
to carry a weapon, encouraged him to drink
whiskey, and had caused him to associate with
disreputable men, thus rearing him in a manner
calculated to bring about the result which fol-
lowed."

The lower court refused to permit this testi-
mony and the Court of Appeals affirmed the rul-
ing in this as in practically all other respects.

To the opinion of the court Judges Barker and
Nunn dissented. Certain excerpts of Judge
Barker's opinion are of prime importance here
and corroborate what has been said concerning
Judge Hargis in even stronger language than we
have employed.

This opinion says (in part) : —

" James Hargis is shown in this record to have
been a savage, cruel man; that he had a high,
vindictive temper, and allowed neither fear, nor
remorse, nor pity to come between him and the
objects of his passionate resentment. * * *
James Hargis was a man of violence and of
blood. He had established in the county of
Breathitt a reign of terror under the influence of
which the law was paralyzed and its ministers

312 Kentucky's Famous Feuds and Tragedies

overrun. He is pictured as a man of gigantic
frame, savage temper and indomitable courage.
He had surrounded himself with armed mer-
cenaries, whose minds he inflamed with drink,
and who seemed to be willing to do his bidding
even to the point of assassinating his enemies
without fear of the consequences of their crimes
and without remorse or pity for the result.

" He had not only broken down the law and
terrorized its officers, but he had made the temple
of justice itself the rendezvous for assassins who,
sheltered behind walls, reddened its portals with
the blood of its votaries. He literally ingrafted
upon the civilization of the twentieth century the
savagery of the fifth, and introduced into a com-
munity of law and order the merciless ferocity of
the middle ages."

ED. CALLAHAN GOES UNDER.

The other leader of the Hargis faction, Ed.
Callahan, died as violently as did the victims
which he has been accused of sending to their
deaths.

The assassination took place Saturday, May
4th, 1912, in the middle of the forenoon, at
Crocketsville, a village some twenty miles from
Jackson.

Some two years before a similar attempt had
miscarried, although Callahan was then seriously
wounded.

Bloody Breathitt 313

It has already been stated that Mose Feltner,
John Smith and others had in their confessions
implicated Ed. Callahan and Judge Hargis in
various murders. After the confession John
Smith had been released from custody on the
murder charges against him, and he became the
bitter, unrelenting enemy of Callahan and Hargis.
John Smith was accused with several others of
shooting and wounding Callahan from ambush.
Callahan escaped death then by a narrow margin.
From that time on he felt that his end was near.
He had been heard to say on several occasions
that his enemies would eventually get him, and
they did.

After this attempt on his life he fortified his«
home and yard with a palisade. It was so ar-
ranged that he could pass from the store to his
home under the protection of this stockade. But
just two years later even these precautions failed
to save him. He was shot from an ambush
across the narrow valley while in his store. He
stood practically on the same spot when killed
as he had been standing two years and one day
previous when he was shot from the same place
and seriously wounded.

After the murder the Commonwealth found
much difficulty in ferreting out the murderers,
or to secure proof which would convict them in

314 Kentucky's Famous Feuds and Tragedies

a court of law. Rumor readily pointed out the
guilty men, but the State could not rest its case
on rumor alone. It must have competent evi-
dence.

In the difficult task of securing it the Common-
wealth was ably assisted by a daughter of the
murdered man. She, in fact, had taken the ini-
tiative in the matter, rode fearlessly and untir-
ingly night and day making inquiries, listening,
watching, employing spies to assist her, until at
last a number of men were arrested and held in
the toils of the law.

The men indicted were " Fletch " Deaton, Dan
Deaton, James Deaton, Dock Smith, Elisha
Smith, Asberry Mclntosh, Andrew Johnson, Abe
Johnson, Billy Johnson, Abe's son, Willie John-
son, John's son, " Red Tom " Davidson, John
Clear and Tom Deaton, Bill's son.

The story of the conspiracy which resulted in
Callahan's final removal from earthly activities,
is a long one. It reads like a dime novel. The
setting of the story is dramatic. The court's
opinion traces almost step by step the various
movements of the conspirators.

There are about seven principal places that
figure in this tragedy (quoting in substance the
opinion) : The home of Ed. Callahan on Long's
Creek, about one mile from the Middle Fork of

Bloody Breathitt 315

the Kentucky River; Abe Johnson's residence on
the same river, about three or four miles above
the mouth of Long's Creek; the town of Buck-
horn on the Middle Fork River, about two miles
above Abe Johnson's home ; the home of John E.
Deaton, at the mouth of Caney on the North
Fork of the Kentucky River; James Beaton's
home on Caney Creek, about two miles above
its mouth, and the town of Jackson, the county
seat of Breathitt County, located further down
the North Fork, are the principal places referred
to.

Fletch Deaton resided in Jackson; Callahan
conducted a general store next to his residence
on Long's Creek, twenty miles from Jackson.

Two years and one day before the killing of
Callahan he had been shot and dangerously
wounded by unknown persons concealed on the
hillside directly across the creek from the store.

The palisade built after that extended from his
residence to the rear of his store so that he could
pass from one to the other without being seen
from the mountain across the creek.

The murder occurred on Saturday, May 4th,
1912, about the middle of the forenoon. On the
Sunday before he went from his home in a gaso-
line boat in company with Clifton Gross, his son-
in-law, to Athol, a railroad station on the Middle

316 Kentucky's Famous Feuds and Tragedies

Fork of the Kentucky River, and thence on the
following Monday he went to Jackson, which was
the home of Fletch Deaton and of his codefen-
dants, Red Tom Davidson and Govan Smith.
Callahan was seen on the streets of Jackson on
that day by several people. He left Jackson
on the train at 2.20 P. M. for Louisville to buy
a spring stock of goods for his store. His pres-
ence in Jackson, as well as his departure for
Louisville and the purposes of his visit, were well
known in Jackson. Several of the defendants
who lived on the Middle Fork, had gone down
the stream on timber rafts and on their return by
way of Jackson saw Callahan at the railroad sta-
tion at Beattyville Junction on his way to Louis-
ville. It was Callahan's habit to ship his goods
to Elkatawa, on the Lexington & Eastern Rail-
road, where he would place them on freight boats
and take them up the river to the mouth of Long's
Creek, thence on wagons to his home. He usually
accompanied the goods in person.

Several years ago Fletch Deaton's brother,
James Deaton, was killed at the mouth of Long's
Creek in a fight, and Ed. Callahan and several
other persons were jointly indicted for that kill-
ing, but with his usual luck escaped punishment
for he was acquitted. Fletch Deaton aided in the

Bloody Breathitt '317

prosecutkm of Callahan, and bad blood had
existed between them since that time.

Furthermore, shortly before the killing of Cal-
lahan in May, 1912, John Davidson, a nephew
of Fletch Deaton, and a brother of " Red Tom "
Davidson, and Levi Johnson were killed at Buck-
horn, in Perry County. Four men were jointly
indicted for these murders. Fletch Deaton and
several of the others indicted with him for mur-
dering Callahan assisted and took an active part
in the prosecution of the men charged with the
murder of Davidson and Johnson. Callahan was
accused by them of complicity in those murders
and of aiding the defendants to escape punish-
ment. Fletch Deaton had been heard to say on
various occasions that it would be impossible to
secure the conviction of the slayers of Davidson
and Johnson so long as Callahan was alive, and
that he must be killed before those cases came
up for trial.

Again it developed in the proof that Jase
Deaton, Fletch Deaton's nephew, and Red Tom
Davidson, also accused of killing Callahan, were
tried in the Bourbon Circuit Court on the charge
of killing John Abner in the town of Jackson
several years before, and that Callahan had been
active in the prosecution against them, employing
counsel and supplying money.

318 Kentucky's Famous Feuds and Tragedies

It further appears that Jase Deaton referred
to above had been killed at the home of Anse
White, some while before the killing of Callahan,
by Anse White. White was tried for this killing
in the Montgomery Circuit Court and also
acquitted. This acquittal had been attributed to
the activity in behalf of White on the part of
Ed. Callahan.

The proof on the trial of Fletch Deaton and
of Andrew Johnson showed that Callahan came
to his death at the hands of three men, who had
concealed themselves on the mountainside across
the creek from Callahan's store. One of the
witnesses for the prosecution testified that he
recognized Dock Smith and Andrew Johnson as
two of the assassins, that he saw a third, but
failed to recognize him. Dock Smith himself
testified that the third man was James Deaton
of Caney Creek, a son of Fletch Deaton.

All the trials of the men accused of the murder
of Callahan were held at Winchester, Clark
County. In each of the cases, with the excep-
tion of the one against Red Tom Davidson, the
defense relied upon alibis, claiming that they were
in Jackson on the day of the killing.

Dock Smith and Govan at the critical moment,
realizing their situation, made a full and volun-

Bloody Breathitt 319

tary confession of all they knew regarding the
murder of Callahan.

As heretofore stated, Callahan was shot on
Saturday forenoon. On the preceding Wednes-
day, about two o'clock P. M., Dock Smith met
Andrew Johnson on the Middle Fork just below
the mouth of Gay's Creek. Johnson there told
Dock Smith that James Deaton wanted Dock and
Andrew Johnson to help kill Callahan, and for
Dock to go to Deaton's house that night. Smith
says that Johnson asked him if he had a gun,
and he told Johnson that his gun was at his
father's; that Johnson then told him he would
go back home to Granville Johnson's, and would
meet Smith there that night; that Smith went to
his father's, got his gun, ate his supper, and then
went to the mouth of Orville's branch and there
met Andrew Johnson, Willie Johnson, Tom
Deaton and Billie Johnson. From that point
Smith and Andrew Johnson proceeded to the
house of James Deaton on Caney Creek, which
they reached late in the night, finding James and
Dan Deaton there. That night the four discussed
the proposed killing of Callahan. James Deaton
told his confederates that on the next morning
he would go to his father's at Jackson, and learn
from him, Fletch Deaton, what definite plans had
been made about the killing of Callahan, and

320 Kentucky's Famous Feuds and Tragedies

would get " Red Tom " Davidson's Savage rifle.
The next morning, Thursday, James Beaton and
Dan Deaton left James Deaton's house and went
down Caney Creek towards John E. Deaton's,
Dock Smith and Andrew Johnson remaining at
James Deaton's.

Late on Thursday evening James Deaton came
home from Jackson riding " Red Tom " David-
son's mule, and brought along a gun which he
said belonged to Red Tom. After supper Smith,
Johnson and James Deaton left the latter 's resi-
dence, Dock Smith riding and carrying the gun,
Johnson and Deaton on foot. They proceeded
to the home of John E. Deaton, where they met
Bob Deaton, another of the accused. Here Bob
joined them in the expedition. The four then
went to Abe Johnson's, on the Middle Fork, about
three miles above the mouth of Long's Creek, ar-
riving there after midnight on Friday morning.

Friday was spent around Abe Johnson's. At
noon they sent for Dan Deaton, whom they had
left at the home of James Deaton on the morn-
ing of Thursday. Dan responded, and all of
them again discussed plans for the murder of
Callahan. James Deaton told Abe Johnson and
Billy Johnson that his father, Fletch Deaton,
wanted them to come to Jackson on the train
Saturday morning, so they could be there as wit-

Bloody Breathitt 321

nesses to prove the alibi, and that Willie John-
son was to come with them. It was arranged
that Dock Smith, Andrew Johnson, Bob Deaton
and Dan Deaton were to go down to the Grand
Sire Rock on the Middle Fork, below the mouth
of Long's Creek, to watch for Callahan and Anse
White, who were expected to come up on Calla-
han's boats on that day. This arrangement was
carried out.

Before starting, however, they procured two
quarts of whiskey, and drank about half of it
before they left Abe Johnson's, about two o'clock
on Saturday morning. Abe Johnson, Billie John-
son and Willie Johnson went to Jackson; and
the other five men, Dock Smith, Andrew John-
son, James Deaton, Dan Deaton and Bob Deaton,
went toward Long's Creek. All had guns. Be-
fore leaving Abe Johnson's they procured a
bucket of provisions, and went by the home of
Granville Johnson, where they procured another
bucket of provisions. There they boarded Gran-
ville Johnson's boat and started down the river,
but the boat began to leak, and being too small
to carry them all, they procured another boat.
At the mouth of Long's Creek the boats were
abandoned. From there they went to the home
of Willie Deaton, son of James Deaton, to in-
quire whether Callahan had returned home, and

322 Kentucky's Famous Feuds and Tragedies

were told that Callahan had left the boats and
gone home the evening before. After borrowing
a gun from Willie Deaton, Dan and Bob Deaton
went to the Grand Sire Rock for the purpose of
watching for Callahan's boats and to kill Anse
White, who had remained in charge of them.

In the meantime Dock Smith, Andrew John-
son and James Deaton went to the hillside
across the creek from Callahan's store, arriving
there shortly before daylight on Saturday morn-
ing. They placed themselves at a point where
they could see the front of Callahan's store.
Two of them prepared forks about 18 inches
long, which they drove in the ground to use as
rests in shooting, one of them piling up some
rocks upon which to rest his weapon. They
watched for Callahan until between nine and ten
o'clock, without catching sight of him.

The front of Callahan's store contained a glass
window, and they could see the outline or form
of a man passing behind the window on the in-
side of the store. Concluding that the shadow
thus cast must be that of Callahan, they fired
six shots through the window, three of them tak-
ing effect and mortally wounding him. Then
the assassins became panic-stricken and left the
places of concealment hurriedly, going through

Bloody Breathitt 323

the backwoods to the home of Abe Johnson,
where they got their dinner.

After dinner "Trigger Eye" Deaton carried
them across the Middle Fork River, and from
there to John E. Beaton's home, where they ar-
rived shortly after dark. By devious routes the
three assassins reached Jackson and the home of
Fletch Deaton shortly before daylight Sunday
morning. There they found a number of the
men present who were to serve as witnesses to
establish an alibi for the slayers.

The alibi was, however completely broken
down by witnesses for the Commonwealth, with
the result that a number of the conspirators are
now doing time in the State penitentiary. This
closes the chapter on the Hargis-Cockrell-
Marcum-Callahan feud, one of blood, terroriza-
tion, Dark Age savagery in the twentieth cen-
tury; in the very midst of our country which
prides itself upon a civilization superior to that
of other countries.

But for the blunder the despots committed in
slaying Marcum, whose prominence and the pe-
culiarly atrocious circumstances of his murder
at last forced a thorough airing of conditions,
they might have gone on unmolested, continued
the record of assassination, and have added many
more pages of blood to the county's history.

324 Kentucky's Famous Feuds and Tragedies

The prosecution of the slayers of Marcum,
Dr. Cox, James Cockrell, Judge Hargis and Ed.
Callahan was prompt and energetic. It shows a
return of a more healthy public sentiment. Yet,
murders are entirely too frequent in Breathitt,
and in Kentucky at large, for that matter.

Breathitt has been termed " the plague spot of
the Commonwealth.'* It cannot wipe out the
past; what has been done is done. But it may
yet redeem itself by making such horrors as we
have depicted here, impossible in the future.

There is a fine citizenship in the county. It has
suffered much, and deserves sympathy along with
censure. It is up to the good people to see that
peace and order return and is maintained hence-
forth and forever. We trust they will never
more submit to unbridled crime and anarchy. It
is up to them to prove themselves American citi-
zens by exerting true patriotism at home.

CONCLUSION.

IT would be erroneous to conclude that the his-
tory of Kentucky's famous, or notorious feuds
is completed here. The material at hand has, un-
fortunately, not been exhausted by any means.

While the Hatfields and McCoys fought to
the death in Pike County, Kentucky, and along
the borders of West Virginia, a bloody drama
was being enacted in Rowan County. White the
French-Eversole war raged in Perry County,
many other counties suffered similarly during
identically the same period. The eighties were
a decade of blood, for during those years Harlan
was in the clutches of murderers and anarchy
reigned supreme. Letcher, Bell and Knott passed
through like bloody experiences. In Clay County
feudal wars raged for years and never disap-
peared completely until the close of the last cen-
tury. The list of counties drenched with the
blood of their citizens might yet be extended. To
describe all the feuds in detail would, however,
prove repetitive, even monotonous, and be only
cumulative. To lengthen the list of assassinations
could serve no beneficent purpose.
325

326 Kentucky's Famous Feuds and Tragedies

Some years ago we published an edition of
Kentucky's Famous Feuds and Tragedies. We
closed the volume in the belief that feuds had
ended once and for all times. But the worst
period in all the bloody history of Breathitt was
since then.

At the time of the publication of the first edi-
tion (from which some writers have quoted
freely without giving us credit), we were charged
with defaming the State, although it was ad-
mitted that the truth had been faithfully por-
trayed. It was not our intention then to malign
the State, nor is it now.

We have simply compiled from facts a history
of past events. Of what use is any history but
to record past events that future generations
might take lessons therefrom and be guided
thereby ?

Ignorance of true conditions does not, and
never did bring about correction of evils.

The crusade against commercialized vice, the
liquor traffic and other body and soul destroying
evils can succeed only through full and complete
publicity.

This history furnishes a study for the psychol-
ogist as well as for the criminologist We can-
not study crime and its manifold phases or point
out remedies by studying the lives of saints. To

Conclusion 327

find the original causes of social and political
diseases we must go where these have existed
or still exist. It would be silly to attempt to
prove the result of the drink habit by the lives
of teetotalers.

There are those who would be overcautious,
who believe in the policy enunciated by the
proverb : " Never mention a rope in the home of
a man that has been hanged." Had this prin-
ciple at all times been adhered to, reforms would
have been few. People will not rise to battle
against evils until they are first made acquainted
with the fact that the evils exist. It was due to
the publicity given by the newspapers of con-
ditions in Breathitt County that a thorough
clean-up was inaugurated there.

If it be proper and right to publish nothing
of a criminal or degrading nature, then we must
of necessity put the ban upon the Bible.

What was the crucifixion of Jesus Christ but
a bloody tragedy. The Bible gives us a detailed
account of the awful, cruel, lawless conspiracy
to do murder upon an innocent being. Judas
prepared the ambush, as it were. He had the
decency to go and hang himself, although he had
nothing to fear from the authorities who had
hired him to betray the Master.

328 Kentucky's Famous Feuds and Tragedies

The story of David and Absalom is the bloody
history of a family feud on a large scale.

The murder of Abel by his brother Cain is
taught the children at Sunday school, not for
the purpose of entertaining them with bloodshed,
or to encourage them to go and do likewise, but
to make crime odious.

The history of the Moabites and other races
and tribes is one long chapter of outrages.
Crimes of unnamable character are recited at
length in the Holy Book.

The histpry of the reformation is one of blood
ard crime. To exclude secular or sacred history
because they narrate crimes and bloodshed and
horrors, would mean the withdrawal of the
greatest weapons with which modern progress
fights its battles in shaping the minds of men.

We may gain invaluable lessons from this his-
tory if it be read with that intention. It is an
appeal to people everywhere to be true to their
citizenship. That Kentucky has furnished suit-
able material with which to illustrate and demon-
strate the results of a weak, unpatriotic, disloyal
citizenship, is not the fault of the historian. The
facts were at hand, they were apt, and were used.

Just now there is a nation-wide appeal made
for a true Americanism. The fact that the ap-
peal is being made, seems to us an acknowledg-

Conclusion 329

ment that true Americanism has deteriorated and
needs ingrafting anew.

We join in this appeal, and shall add that had
true Americanism prevailed in the feud-cursed
sections of Kentucky, this bloody history could
never have been written — there would have been
a total absence of material for one.

What is true Americanism? It is not place
of birth. It is nothing more, but nothing less,
than undivided loyalty to country.

What is loyalty? When is a citizen loyal to
his country? Waving his country's flag and
cheering it on a Fourth of July is but an out-
ward demonstration of loyalty. A citizen is
never loyal until he becomes and is faithful to
the law; when he upholds and assists others in
upholding the lawful authorities unswervingly.
That is loyalty. There is no other definition for
the word. So the citizen who refuses to obey
the law himself in the first place, and makes no
efforts to assist others in its enforcement, is not
loyal to his country. When he has ceased to be
loyal he becomes disloyal, and disloyalty is
treason.

The true American, therefore, is loyal and has
the courage to prove that loyalty whenever occa-
sion arises.

One need not put on a uniform and fight battles

330 Kentucky's Famous Feuds and Tragedies

against a foreign enemy to prove his patriotism.
The patriot — the truly loyal citizen serves his
country well by exercising that loyalty at home.

Good citizenship carries with it more than the
simple right to vote. That right has obligations
attached to it. The chief obligation is loyalty.

The moment loyalty weakens, a wedge of
social and political corruption enters; once that
wedge is driven deeper government must totter
and fall, and anarchy steps in its place.

During the Civil War hundreds of thousands
of Americans gave up their lives " that the na-
tion might live." The nation is an aggregation
of States, the State a union of communities, and
communities are formed by families.

To preserve a nation healthy that it may live,
the States must also be so. But a State cannot
be so if portions of it are diseased with social
and political corruption. When a sore spot ap-
pears it ought to be cauterized at once without
waiting for it to develop into an eating, destroy-
ing cancer.

The spirit of loyalty must be revived and kept
alive in the minds and hearts of all citizens. Only
through it can the evil impulses of the criminally
inclined be controlled.

The citizen who is loyal should always reflect,
when he begins to lose courage, that the good

Conclusion 331

citizens are in the majority, and that the vicious
element is almost universally cowardly. The
criminal has the fear of the law although he
defies it for a time.

We have narrated at great length the stealthy
preparations made by the murderers of Callahan.
The cool and apparently deliberate manner with
which their plans were executed would lead one
to believe that they feared no law.

Yet we have seen how a moment after the crime
had been committed and its perpetrators realized
that they were murderers in fact, they " stam-
peded," the proof shows; they trembled with fear,
though no one was on their tracks then. Their
hearts turned to water. What did they fear?
Punishment.

The bloody dictators of Breathitt County had
abrogated the law, as they believed, yet feared the
law they pretended to despise. This is clearly
established by the methods with which they killed
off their enemies. They resorted to secret as-
sassination in each case because it would make
discovery and punishment difficult, if not impos-
sible. Each assassination had been shrewdly and
carefully planned. Notwithstanding their tem-
porary power and supremacy they lived in con-
stant fear and dread, believing that punishment
would and must sooner or later overtake them.

332 Kentucky's Famous Feuds and Tragedies

This belief was strengthened by the fate of other
criminals elsewhere.

If, then, the criminal fears the arm of the law,
it requires very simple reasoning to come to the
conclusion that the criminally inclined can, by
the sure guaranty of swift, condign punishment
be intimidated and forced into abstaining from
following that inclination, and be so put in fear
that he will think twice before he gives his ata^
vistic tendencies free reign.

This history was written to teach a moral. The
remedies suggested here for lawlessness and con-
tempt for the law, may be applied with equal
benefit where mob spirit is rampant. The mobist,
to coin a phrase, that starts out to do murder upon
a defenceless prisoner, is on a par with the bush-
whacker— even inferior to him in courage. For
mobs are courageous only through mass, num-
bers ; or when under strong and aggressive leader-
ship. Mobs have been known to slink away ig-
nominiously when confronted by one or two loyal
citizens.

Disloyalty has been at the bottom of all great
social disturbances.

Let the spirit of true Americanism, which is
loyalty to country, return and with it will come
the courage to uphold the law at whatever cost.
Then and not till then is our flag the true symbol

Conclusion 333

of American liberty; then and not till then will
the phrase " American citizen " cease to be a
banality, as it now is with many, and become
what it is intended to be, a badge of honor, the
most precious a man can wear on this earth.

IS THIS YOUR SON, MY LORD?

By HELEN H. GARDENER.

E of the most powerful and realistic novels
written by an American outhor in this literary
generation. It is a terrible expose of conventional im-
morality and hypocrisy in modern society. Every high-
minded woman who desires the true progression of her
sex will want to touch the inspiriting power of this
book.

"No braver voice was ever raised, no clearer note was ever
struck, for woman's honor and childhood's purity." — The
Vanguard, Chicago.

"A novel of power, and one which will stir up a breeze
unless certain hypocritical classes are wiser than they
usually are." — Chicago Times.

"It conies very close to any college man who has kept
his eyes open. When we finish we may say, not, 'Is This
Your Son, My Lord?' but 'Is it I?'" — Nassau Literary
Magazine, Princeton.

Cloth, Price, Postpaid, ?1.00.

PRAY YOU, SIR, WHOSE DAUGHTER?

By HELEN H. GARDENER.

44 JV+ VERY legislator in every state should read it and ask
*l^ his conscience whether, if such iniquitous laws are
on the statute books of his state, he should hasten
to move their repeal."

"She has not written for effect! nor fame! for amusement!
nor money! but out of her great heart and soul she has
preached a sermon for the masses." — Humanity and Health.

Cloth, Price, Postpaid, $1.00.

R. F. FENNO & COMPANY NEW YORK

Jlobent

A Guide to Girlhood,
Motherhood and Infancy

by Dr. H. LANG GORDON

Size, 6 x 8%; 278 pages; fully illustrated. Price, $2.00

THIS work marks in its own line the opening of a new
epoch. Hitherto such works have been devoted to
treatment and a study of the abnormal; here these
subjects yield precedence to prevention and a common-se^*""!
exposition of the normal. The author, imbued with tac
spirit of modern preventive medicine, points out the errors
and abuses of modern life (so easily avoided and yet so
easily yielded to) which affect injuriously the health of
women and children. At the same time he clearly assists
the mother and others to understand the physiology of
womanhood and motherhood, the care of the infant and
young girl and the detection and treatment of common
complaints. The subjects of heredity, environment, educa-
tion and schools, the home-training of children, the physical
development of the body and the position of woman in
modern life, are among the topics of the day which are
touched upr- in a new light in this concisely written book.
Each of its three sections, Girlhood, Mother hood and Infancy,
provides the mother, the schoolmistress, and the intelligent
nurse with a fascinating and easily understood guide and
high ideals.

R. F. FENNO & COMPANY

18 East 17th Street - NEW YORK

The Lover's World

By ALICE B. STOCKHAM, M. D.

77[ HROUGH a long medical practice, extensive
^ travel and many years of research, Dr. Stock-
ham has come to know the heart of humanity. She
now returns this knowledge in a message to all lovers.
Love is the expression of the divine in man! Love
of self, Love between man and woman, Love of child,
Love of friends and comrades, and finally the love
of the race, each and all are expressions of Cosmic
or Universal Love. The man seeking a wife seeks
her through his love nature; in this work he is di-
rected to seek wisely. The woman, no more a child,
learns that natural desires and functions should be
dedicated to sacred uses. 'The Lover's World" not
only contains everyday helps for everyday needs, but
gives the key to life, revealing the secret of adepts and
mystic orders. These, as herein presented, are no more
secrets, but knowledge of faculties and functions giv-
ing power, health and happiness.

Prof. Oscar ]L. Trigrgs, University of Chicago: "I have read
The Lover's World with great interest. At length there is
a chance that the world will take a right attitude toward sex
now that so many voices, such as yours and Carpenter's, ar«
raised in behalf of love and a true interpretation of sex."

Samuel M. Jones (Mayor of Toledo, Ohio) : "It is the most
helpful work on the subject of unity and the sacredness of ali
life that I have seen."

375 pages, bound in cloth, Postpaid, $:.65.

R. F. FENNO & COMPANY

18 EAST 17th STREET. NEW YORK

Tokology

A Book for Every Woman

By ALICE B. STOCKHAM, M. D.

" /7[ OKOLOGY" teaches possible painless pregnancy
^^ and parturition, giving full, plain directions
for the care of a woman before, during and after con-
finement. The ailments of pregnancy can be prevented
as well as the pains and dangers of childbirth avoided
without drugs or medicines. Women need not go down
to death giving birth to children.

Physicians say that the chapter on Constipation is
the best treatise ever written on the subject, and
alone is worth the price of the book. Chapters on
Menstruation and the diseases of women and children.
Change of Life is handled in a plain, common-sense
style.

Mrs. J. M. Davis, Sabula, Iowa, says: "I have two dear
Tokologry babies, and during the whole nine months, both
times, had neither ache nor pain."

Mrs, A. Jj. T.: "An hour after the labor-pain began the
baby was delivered. If I could not get another Tokology, I
would not part with mine for a thousand dollars."

Mrs. J. B. McD.: "I followed Tokology and now, after fif-
teen years of childless married life, a sweet baby boy has
come as a gift from God."

The illustrations are accurate and carefully made. Nearly
400 pages.

Cloth, $2.25 Morocco, $2.75

R. F. FENNO & COMPANY

18 EAST 17th STREET, NEW YORK

THE MYSTIC WILL

By CHARLES G. LELAND.

/TTHIS book gives the methods of development and
^ strengthening the latent powers of the mind and
the hidden forces of the will by a simple, scien-
tific process possible to any person of ordinary intelli-
gence. The author's first discovery was that Memory,
whether mental, visual, or of any other kind, could, in
connection with Art, be wonderfully improved, and to
this in time came the consideration that the human
Will, with all its mighty power and deep secrets, could
be disciplined and directed, or controlled, with as great
care as the memory or the mechanical faculty In a
certain sense the three are one, and the reader who
will take the pains to master the details of this book
will readily grasp it as a whole, and understand that
its contents form a system of education, yet one from
which the old as well as young may profit.

Table of Contents :

Attention and Interest. Memory Culture.

Self-Suggestion. The Constructive Faculties.

Will -Development. Fascination.

Forethought. The Subliminal Self.

Will and Character. Paracelsus.

Suggestion and Instinct Last Words.

Popular priced American edition, bound in cloth,
119 pages, postpaid, 50 cents

I

R. F. FENNO & COMPANY - NEW YORK

I

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UNIVERSITY OF TORONTO LIBRARY

Mutzenberg, Charles Gustavus
6^52 Kentucky's famous feuds

K*fM8 and tragedies

1917