Part 1

KENTUCKY'S FAMOUS FEUDS AND TRAGEDIES

Kentucky's Famous Feuds and Tragedies

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

BY CHAS. G. MUTZENBERG

R. F. Fenno & Company 16 East 17th Street, New York

Copyright, 1917, by R. F. Fenno & Company

KENTUCKY'S FAMOUS FEUDS AND TRAGEDIES

CONTENTS

THE GREAT HATFIELD-McCOY FEUD.

Origin of the feud.--Fight near the Hatfield Tunnel.--Killing of Bill Staton.--Killing of Ellison 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 Randall 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, arrested.--His trial in the United States Court.--His acquittal.--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.--Politics and whiskey.--Judge Hargis the innocent cause of the 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 Tolliver 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.--Assassination 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 conspiracy.--Investigation of the charges.--The Tolliver clan captures the town.--Riots.--Cook Humphrey becomes the leader of the Martin faction.--Treaty of peace at Louisville.--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.--Burning of the Martin home.--County Judge's weakness.--Troops sent to Morehead.--Tollivers and others arrested.--Farce trials and acquittals.--Jeff Bowling goes to Ohio.--His finish there.--Humphrey resigns as sheriff.--Conditions 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 battle.--The Battle of Morehead.--Killing of Craig, Bud, Jay Tolliver and Hiram Cooper, wounding of others.--Incidents 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.--Correspondence 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 hostilities 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 Eversole forces.--Wounding of Fields.--Burning of the court house.--"Blanket" court.--Troops again at Hazard.--The "lions" caged.--Murder of Cornett.--Assassination of Judge Josiah Combs.--Exciting pursuit of outlaws.--Wounding of one of the outlaws.--Their escape.--Their indictment, capture, trial and conviction.--Acquittal of French and Fields.--Murder of Dr. John E. Rader.--Execution of Bad Tom Smith.

BLOODY BREATHITT.

The Strong-Amy feud; the Strong-Callahan feud.--Conditions during the eighties; official correspondence between Circuit Court Judge and the Governor.--The murder mills keep grinding.--The beginning of the Hargis-Cockrell-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.--Murder 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 attempts made upon his life.--Murder of Jim Cockrell in broad daylight from the court house.--Escape of murderers.--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 assassination 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 Cockrell, 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 swearing falsely for the defense.--Accuses high officials of Breathitt of intimidation.--Release of the convicted perjurer 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 newspapers. Unfortunately, many newspaper reporters dealing with this subject were either deprived of an opportunity to make a thorough investigation of the facts, or permitted their imagination 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 interest to every reader.

More than a score of years were spent in the collection of this material, involving tedious and painstaking investigations. The greatest difficulty 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 the aid of court records, legislative investigations and official military reports, in my task of producing 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 deserve 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 Kentucky, 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, Delawares and Wyandots of the North. These tribes, when chance brought them together on their annual 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 with bear, deer and the buffalo; the woods teemed with innumerable squirrels, pheasants, wild turkeys 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 Cumberland 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 backwoodsmen east of the Alleghenies and of North Carolina.

To the hardy adventurers the lonely wilderness, 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 delay amid many difficulties the first white settlement, Harrodstown (Harrodsburg) was established. Within a few years other stations sprang into existence and population increased with amazing rapidity. Immigrants crossing the Cumberland mountains settled in the eastern and central 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 accomplished, 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 childhood to absolute self-dependence and inured to exposure and dangers of every sort.[1] Man in this connection must include the pioneer women who by their heroism illustrated their utter contempt of danger, and an insensibility to terrors which would palsy the nerves of men reared in the peaceful security of densely populated communities. Even children of tender years exhibited a courage and self-composure under trying circumstances that at this day seem unbelievable.

The life of the Kentucky pioneer and backwoodsman was one of long and bitter struggle. Hunting, clearing the forest, plowing and fighting 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 under 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 displaying 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 presiding 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 punishment. The backwoodsman was prompt to avenge a wrong. He was grim, stern, strong, 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 relentless toward an enemy, but was loyal to the death to his friends and country. He was upright 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 regions, to the nation heroic soldiers, brilliant lawyers, men of science and of art, and a womanhood whose beauty and accomplishments are a byword 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 social purity of the inhabitants. The _code duello_ which had formerly been resorted to almost universally 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 practically 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 inexhaustible 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 civilization, 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 character of the early pioneers of the Blue Grass.

For long years the mountain section remained a wilderness, with here and there a small settlement. The inhabitants lived the lives of frontiersmen and were generally poor. While many of them owned large tracts of land, its productiveness scarcely repaid the labor spent in cultivation. The great majority of these people were honest, upright and hardworking, but the wilderness, 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 viciousness.[2] The mountains of the surrounding states of Virginia, West Virginia and Tennessee offered 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 element 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 history of every frontier of this country is the same. The man who leaves the restraining influence 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 possible interference. Once organization was complete, all attempts to enforce law and order were promptly stifled through terrorization which intimidated courts and overawed the officers of the law. Under such circumstances the good element 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 integrity and honor were thrown into the vortex of bloody strife from necessity, to fight for preservation of themselves, their families, their firesides.

Immigration into these remote mountain regions was almost nil and intermarriage between 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 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 interested 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 indict 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.

How far such organized bands of murderers have succeeded in overawing the constituted authorities, 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 assassination, he simply continued his murder mill in operation and the authorities would send special ministers and envoys to "treat" with him as a power entitled to respect. Exaggeration? No![3]

Officers of the law have actually aided in assassinations, or stood idly by while murders were committed in their presence. Investigation has proven that in every feud-ridden section the entire legal machinery was rotten to the core, perverted to the end and purpose of protecting particular 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, wherever they have occurred, or may again occur, are due directly:--to inefficient, corrupt and depraved officials; to a want of a healthy moral public sentiment, through lack of _proper_ education 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 exceptions, 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, unrestrained and illegal sale of whiskey added fury, fire and venom to the minds and hearts of murderers. 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 interruption and punishment.[4]

The clannishness of the mountaineer has been the subject of much comment. The student of sociology must, therefore, be interested in learning that in a great measure the people of the Kentucky mountains descended from the same stock 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 "highlands" of Kentucky many of them drifted. Scotland had her feuds--those of the Kentucky mountains are nothing more nor less than transplanted Scottish feuds, their continuation having been made possible by the reasons heretofore given.