Chapter 7

Though Curt Jett, Mose Feltner, John Abner, and John Smith confessed to the assassination of J. B. Marcum, saying Jim Hargis and Ed Callahan planned the crime, Hargis and Callahan protested innocence. Even so Marcum's widow got a judgment for $8000 against the two for killing her husband. After John Smith confessed and was dismissed he turned bitterly against Hargis and Callahan and their faction and was suspected of attempting to assassinate Callahan a year before the deed was accomplished.

Around the store of Judge James Hargis conversation turned often to the troubles. If a woman came in to buy a can of baking powder she looked stealthily about before gossiping with another. If a man entered to buy a plug of tobacco or a poke of nails to mend a barn or fence, his swift eye swept the faces of customers and loiterers and presently he'd sidle off to one side and talk with some of his friends.

Young Beach Hargis, upon whom his father doted, heard this talk. He knew of the feeling of the different ones connected with the trouble. It was talked not only around the store but in the Hargis home. When the father wasn't about Beach and his mother mulled it over. Beach never was a lad to work. "Why should I?" he argued. "Pa's got plenty. And I aim to get what's coming to me while the old man's living."

If the father protested that Beach was squandering too much money, the mother shielded her son and wheedled Jim Hargis into giving him more.

"He's been pampered too much, Louellen," Judge Hargis often remonstrated with his wife. "Should we spare the rod and spoil the child?" And sometimes Evylee, Beach's sister, would plead with her father to forgive Beach once again for drunkenness and waywardness. Evylee had been away to school at Oxford University in Ohio near Cincinnati. She loved the nice things of life, particularly learning. Judge Hargis was an indulgent father. He wanted his children to have the best, both in education and dress. He wanted his boy Beach to go through college. But Beach had no fondness for book-learning or fine clothes.

"I've give up trying to do anything with him, Louellen," said Jim Hargis to his wife one day when they were together in the sitting room of their home. "Look yonder there he goes." He pointed a condemning finger at Beach reeling drunk along the sidewalk.

"Don't fret, Pa," Mrs. Hargis pleaded with her husband. "He's young. He'll mend his ways. Don't forsake him."

That was the day before the homicide.

Next day Beach was still drunk. He swaggered into the store, leered about for his father, and not seeing him stumbled on past the racks where the guns lay, past the shelves laden with cartridges and shells, on into the rear room where coffins were lined in a somber row. Judge Hargis kept a general store that carried in stock most anything you could call for from baking soda and beeswax to plows, guns and coffins. Beach didn't notice the black-covered coffins or the guns. He stumbled along to a corner of the wareroom where he slumped on a keg of nails. There he sat a while mumbling to himself. His eyes were bloodshot, his face swollen from a fall or a fight. "The old man punched me in the jaw," he kept repeating, "and I'll--I'll--"

Frightened clerks hurried past him in waiting upon customers. No one tried to listen or understand. Beach kept on mumbling. After awhile he staggered out again. Later that same day he went to a barber shop for a shave and haircut. Suddenly he raised up from the chair and leering toward the street muttered at a man passing, "I thought that was the old man going yonder." It was not Judge Hargis, the barber assured Beach, so the drunken fellow settled back in the chair and the barber proceeded to lather his face.

Beach's sister, who was married to Dr. Hogg, often took her drunken brother in.

"Evylee's got no right to harbor Beach," Judge Hargis complained to his wife. "He's tore up our home and he will do the same for Evylee and her husband and for Dr. Hogg's business too. He's a plum vagabond and spoiled. And put on top of that whiskey, and a gun in his hand, the Lord only knows what that boy will do."

Out of one scrape into another, in jail and out, Beach Hargis went his way. The mother pleading with the father to forgive him and let him have another chance. The sister pleaded with Beach to quit drinking and carousing.

On the 17th day of February, 1908, Beach, still maudlin drunk, went again into his father's store. He didn't look at the guns in the racks this time. He glanced toward the wareroom where the black coffins stood in a row on wooden horses. "I'm looking for the old man," he muttered to a clerk. Then he reeled toward the counter and asked the clerk to give him a pistol. The clerk refused, saying he could not take a pistol out of stock, but added, "Your Pa's pistol is yonder in his desk drawer. You can take that."

Beach helped himself.

In the meantime Judge Hargis had come into the store just as Beach, with the pistol concealed in his shirt, went out.

In the drugstore of his brother-in-law, Dr. Hogg, Beach terrorized customers and the proprietor by pointing his pistol around promiscuously. He reeled out of the place without firing, however, and went back to his father's store. Someone later said all he had been drinking was a bottle of Brown's Bitters.

From where Judge Hargis stood in one part of the double storeroom he could see Beach sitting cross-legged in a chair near the front door. Beach spat on his shoe and slowly whetted his pocket knife, scowling sullenly now and then in his father's direction. He clicked the blade of his knife shut and slipped it into his pocket and sat with his arms dangling at his sides, head slumped on his breast.

A customer came in and asked Judge Hargis, "Where's Beach?"

The father pointed to the son. "There he is. I have done all I can for him and I cannot go about him or have anything to do with him." Then Judge Hargis repeated that Beach was destroying his business and would do the same with Dr. Hogg's business if Evylee kept on harboring him.

Not a word was spoken between father and son. But as Jim Hargis walked in his direction, Beach pulled himself up out of his chair, stepped around behind the spool case that stood on the end of the counter, leered at his father and moved toward him. Beach came within three feet of his father. The next thing they were grappling.

Terrified bystanders and clerks heard the report of five pistol shots. All five of the shots lodged in Jim Hargis's body. By this time the two men were on the floor. The father holding the son down with one arm, lifted in his right the smoking pistol. "He has shot me all to pieces," gasped Judge Hargis as he handed the pistol to a bystander. He died in a few minutes.

Loyal to her unfortunate son, Louellen, the widow of Judge Hargis, set about to get the ablest lawyers in the state to defend him. Will Young, matchless orator of Rowan County, was not able to clear Beach on the first trial. On the second, however, aided by the legal skill of Governor William O. Bradley, D. B. Redwine, J. J. C. Bach, Sam H. Kash, and Thomas L. Cope, Beach was sentenced to the penitentiary for life instead of the gallows.

As the years went by the mother continued to plead for her son's freedom. Time and again she made the journey to Frankfort to beg mercy of the governor. Weary and sad she lingered outside the door of the mansion. She hovered close to the entrance of the chief executive's suite in the capitol, pleading by look, if word was denied her. Finally the governor pardoned Beach Hargis, because, it was said, His Excellency could no longer bear the sight of the heartbroken mother. Beach was pardoned on promise of good behavior.

But scarcely was he back in Breathitt County when pistol shots were heard again. He rode out to the farm of relatives a few miles from Jackson and when the womenfolk spied him galloping up the lane they took to the attic in terror. Beach, reeling drunk, staggered into the dining room where the table was set for dinner. There was a platter of fried chicken, another of hot biscuits. He shot all the biscuits off the plate, threw the chicken out the door and didn't stop till he had riddled every dish on the table.

The womenfolk up in the attic, with fingers to ears, stared white and trembling at each other. Finally one of the girls reached out of the small window up under the eaves and, with the aid of a branch from the cherry tree close by, caught hold of the rope on the farm bell. Once the rope was in her hand she pulled it quickly again and again. The clanging of the bell brought the men from the fields but as they approached on the run through the cornfield and potato patch, Beach threw a leg over his horse and galloped away, shooting into the air.

He continued on the rampage. Out of one scrape into another.

His mother died of a broken heart. She had done all she could for her son but Beach Hargis went his reckless way.

He was sent to prison a second time, for the safety of all concerned, but he escaped about the time of the World War. No one has seen hide or hair of him since then. There have been many conjectures as to his whereabouts but no one really knows what has come of Judge Jim Hargis's slayer.

There is a fine State College in Morehead, Rowan County, Kentucky, where Judge Will Young, whose eloquence saved Beach from the gallows, lived and died. On the college campus there is a Hargis Hall, named for Thomas F. Hargis, a Democrat and captain in the Confederate Army, and a relative of the reckless Beach.

As for Beach's cousin, Curt Jett, accused of murder, rape, and even the betrayal of a pretty mountain girl, convicted of the slaying of J. B. Marcum, he was pardoned from the penitentiary, got religion, and was, the last heard from, preaching the gospel through the mountains of Kentucky.

For all the shedding of blood of kith and kin in the Hargis-Cockrell feud, when our country was plunged into the World War, Bloody Breathitt had no draft quota because so many of her valiant sons hastened to volunteer.

* * * * *

Although many of the feuds in the Blue Ridge grew out of elections, they were not prompted by ambition, for the offices contested were not high ones like that of senator or congressman. Frequently they were lesser posts such as that of sheriff or jailer or school-board trustee. When the strife finally led to assassination the motive usually was the desire for safety. The one feared had to be removed by death.

One famous feud, however, was started over the possession of a wife's kitchen apron.

Tom Dillam's wife left him and one day passing his farm she spied a woman working in the field wearing one of her aprons. Mrs. Dillam flew into a rage, climbed the rail fence, and deliberately snatched the apron off the other woman. Tom went after her to the home of his father-in-law, John Bohn, to recover the apron. He quarreled with his wife and instantly killed Bohn who tried to interfere.

As the quarrels continued and the years went by, Dillam incited his relatives and friends and armed them as well. He finally had behind him a band of outlaws. In 1885, about the time the Martin-Tolliver feud in Rowan County was at its height, Mrs. Dillam's brother William had a dispute over timber with her estranged husband's brother George. Bohn killed Dillam but as he ran for shelter he himself was slain by two other brothers of Dillam, Sam and Curt.

As the feeling grew others were drawn into the fray. Brothers opposed brothers. The Dillams' sister was married to Lem Buffum, and because of Buffum's friendship with the Bohns he was hated by the Dillams.

There was a dance one Christmas night at which two of the Dillam band were slain by Buffum. From then on Sam Dillam dogged the steps of Lem Buffum who finally killed his tormentor. This so enraged the Dillam band they started a reign of terror. They were openly out to get any Buffum sympathizer. They riddled their homes with bullets, burned barns, waylaid the sympathizers and shot them to death without warning. Once a friend of the Buffums', Jack Smith, when the Buffum home was besieged, rushed in and carried out the aged mother of Lem. He bore her down to the river and leaping into a skiff rowed the old woman safely to the other side. On his return the Dillams shot him to death from ambush.

In such a high-handed fashion did they carry on their warfare that they made bold to seize Jake Kimbrell, a Buffum friend, at a dance. While some of the Dillam band held their prisoner fast other members of the crew shot him to death.

Their utter cruelty finally caused even some of their own faction to withdraw from the feud. Tom Dillam's brother Ab said outright that if they wanted to go on hunting Lem Buffum and terrorizing the country they'd have to do it without him. Lem's sister was married to Ab's son Jesse. One day in his absence they set upon Ab's house and shot it as full of holes as a sieve.

Women and children were no longer safe and the citizens decided something had to be done for protection. They asked the governor for troops. His refusal was bolstered by the alibi that first it was the duty of the sheriff of the county to attempt to capture the murderers. Then the judge of the county called for fifty militiamen. Instead of that number only fifteen came to restore law and order. But even before they arrived on the scene a lad on horseback saw them coming and galloped off to inform the outlaws who took to the woods.

With seven of the sheriff's men left to guard the home and family of Jesse Dillam, Jesse and several others sought safety in a log house some distance away. However, before they could reach the log house one of their number was killed, one fled and the rest managed to escape into a nearby thicket.

When circuit court convened soon afterward the Dillam brothers, Tom and Curt, were arrested. Tom, having been released on a $5000 bail, was going toward the courthouse one day with his lawyer. Following close behind was Tom's lieutenant and another friend. On the way they passed the house where their wounded victims were staying and when within range of the place the outlaws drew their pistols. They did not know that Lem Buffum and his friends had been warned and were waiting for this moment. Suddenly a volley of bullets was poured upon the outlaws. Sixteen of the well-aimed shots had pierced Tom Dillam's body.

Hatred and lust for murder had by this time gone deep into the heart of Tom's son who became the leader of the band. If anyone opposed him in anything, he knew but one way to take care of the opposition and that by the gun. He gave one of the Dillam band twenty dollars and a gun to slay a rival. Tom's brother Curt was finally released on bail but it was not long until his bullet-torn body was found in the woods.

Fear on the part of those who had testified against the outlaw in his trial impelled the removal for all time of the cause of fear. The universe breathed easier after Tom's brother Curt was under the sod.

MARTIN-TOLLIVER TROUBLES

Troubles brewed around elections and courts.

Some years previously when the Talliaferro families changed their abode from Old Virginia to settle in Morgan County, Kentucky, it wasn't long until their name also was changed. Their neighbors found the name Talliaferro difficult to speak and they began to shorten the syllables to something that sounded like Tolliver. So Tolliver it was from then on.

Craig Tolliver's father became a prosperous farmer but with his prosperity came quarrels with a neighbor and finally a lawsuit. Tolliver was successful in the litigation, which incensed his neighbors. One night as he lay asleep in his bed the irate neighbors stealthily entered the house and shot him dead before the eyes of his fourteen-year-old son, Craig.

This early sight of high-handed murder embittered the boy who at once began to carry a gun and drink and lead a life of lawlessness.

In about 1880 he moved to Rowan County which became the scene of one of the bloodiest of Kentucky feuds, that of the Martins and Tollivers. Craig was the leader of his side. Gaunt and wiry, he stood six feet in his boots. His long drooping mustache was a sandy color like his goatee. His eyes, a light blue, were shifty and piercing, eyes that had the look of a snake charming a bird. In appearance Craig was a typical desperado. He swaggered about with gun at belt, a whiskey bottle on his hip.

At this time the secret ballot had not yet been instituted. Not only was the name of the voter called out but his choice as well. With the open ballot a man who bought votes knew how they were cast. Bribery and whiskey, both of which were plentiful and freely dispensed at voting time, went hand-in-hand with fights and corruption.

The stage was set for bloody feud in Rowan County by the time Cook Humphrey in 1884 ran for sheriff of the county on the Republican ticket against S. B. Gooden, Democrat.

That election day in August a group of men gathered in the courthouse yard at Morehead, the county seat, discussing the returns in heated tones.

Gooden lived in the town while his opponent lived about seven miles away on his father's farm.

"Cook Humphrey won by twelve votes," someone called out. At that a quarrel started. Fists were flying in the air. William Trumbo, kin of John Martin's wife who was Lucy Trumbo, made a remark to a man by the name of Price. And the next thing they were in a wrangle. There were Tollivers and Martins present as well as friends of both families and soon all of them were engaged in the controversy. Someone struck John Martin, supposedly with the butt of a gun, knocking out a front tooth and badly cutting his head. His blood stained the courthouse steps. As he scrambled to his feet cursing vengeance against John Day and Floyd Tolliver for wounding him, he drew his pistol and others did likewise.

The next moment Sol Bradley, the father of seven children, lay dead with a bullet through his brain. Young Ad Sizemore caught a bullet in the neck.

There was a dispute as to whether John Martin or Floyd Tolliver had killed Sol Bradley, who was a friend and partisan of Cook Humphrey. It was never decided who did the killing. But it started the Martin-Tolliver troubles.

The wounding of Ad Sizemore was generally laid to Sheriff John Day.

Forthwith the factions organized and armed themselves. There were Martins, Sizemores, and Humphrey on one side, Days and Tollivers on the other side.

John Martin, the son of Ben, lived not far from his father on Christy Creek, a few miles from Morehead. His brothers, Will and Dave, resided nearby. They had a sister, Sue, who was as fearless as the menfolks of her family. She resented bitterly the treatment of the Martins by the other side. Sue lived at home with her father and mother.

The Tollivers were more widely scattered. Floyd lived in Rowan, Marion and Craig in Morgan County, their cousins Bud, Jay, and Wiley lived in Elliott County.

Their clansmen, all Democrats, including Tom Allen Day and his brothers Mitch, Boone, and John, also Mace Keeton, Jeff and Alvin Bowling, James Oxley, and Bob Messer lived in Rowan County.

The Martins, Logans, and Matt Carey, the county clerk, all Republicans and friends of Cook Humphrey, newly elected sheriff, resented the killing of Sol Bradley, an innocent bystander.

There had been whisperings of threats laid to both sides. "As soon as the leaves put out good, I aim to get Floyd," Martin is reported to have said. Similar mutterings were reported to have been uttered by Tolliver. "I'll bide my time till the brush gets green; then I aim to have a reckoning. That Logan outfit, well-wishers of the Martins, are getting too uppity."

It was Fentley Muse who told a tale-bearer that no good could come of such things and urged that all keep peace. But peace bonds were violated as fast as they were made. Pledges by Craig Tolliver to leave the county for good and all were broken.

There was more tale-bearing. There were those who, according to John Martin's son Ben, later a World War hero, made the bullets for others to shoot, including one, a doctor, whom I knew well in later years. Ben Martin said of him angrily, "He filled more graves than any other man in Rowan County and yet he himself never fired a shot." Ben's aged mother, Mrs. Lucy Trumbo Martin, reiterated this often to me when I sat beside her on the porch of the old Cottage Hotel on Railroad Street in Morehead where much of the shooting took place. Indeed the old hostelry had been the scene of one of the fiercest gun battles between the Martins and Tollivers. It faced the Central Hotel across the tracks. The Galt House, the name by which the Carey combined boarding house and grocery-saloon was known during the Rowan County troubles, stood some distance away across the road from the courthouse.

It was a bleak day in December, 1884, following the August election in Rowan County when John Martin was struck on the head, that he and his wife Lucy and two of their small children climbed into their jolt wagon out on Christy Creek and rode into town. While his wife and the children went to do some trading at a general store down the road, John met Sam Gooden, John Day, and Floyd Tolliver. Words passed between Martin and Tolliver after which John went into Carey's saloon. As he stood at the bar Floyd Tolliver came up and repeated what he had said to Martin outside--something to the effect that Martin had been wanting to bulldoze him. Martin denied the charge but Tolliver repeated, "Yes, by God, you have, and I am not going to permit it." To which Martin answered, "If you must have a fight, I am ready for you." At this Floyd put his hand in his pocket. Martin, thinking, so his wife and son told me, that Floyd Tolliver was about to draw his gun, drew his own in self-defense. Though Martin was quicker on the trigger than Tolliver, who now had his gun out of the holster, Martin did not have time to get his weapon completely out of his pocket. He shot through it, killing Floyd Tolliver almost instantly. "Boys," Floyd managed to gasp, turning his eyes toward friends who rushed into the bar, "remember what you swore to do. You said you would kill him and you must keep your word."

Martin gave himself up to the law. By this time a mob, friends of both sides, had gathered around and Martin was hurried, half dragged, across the road to the jail behind the courthouse.

In order to protect the prisoner from violence he was taken to the Winchester, Kentucky, jail next day. But he had been there only six days when a band of five men presented themselves to the jailer with an order, apparently signed by the proper authorities, commanding Martin's return to Rowan County. He pleaded with the jailer not to surrender him. "It is only a plot to kill me," he cried.

That day Martin's wife had been to see him in his cell. She took him some cornbread and a clean shirt and socks. Little did she dream when she got on the train to return to Morehead that night that her husband sat handcuffed in the baggage coach ahead. Around the prisoner stood his five captors: Alvin Bowling, Edward and Milt Evans, a man named Hall, and another by the name of Eastman.

When the train was within five miles of the county seat of Rowan, at a village called Farmers, it was boarded by several masked men who rushed into the baggage car and shot John Martin, helpless and handcuffed, to death.

"They've killed him!" Lucy Trumbo Martin screamed at the sound of the first shot, though until that moment she had not known her husband was on the train. "I knew they had killed John," she told her friends at the time and often afterward.