Part 7

The event referred to was the vacancy created on the bench of the Court of Appeals as the result of a tragedy enacted upon the streets of the capital of the State, at Frankfort,--the assassination of Appellate Judge J. M. Elliott, by one 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 requisition 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, rehashed, renovated and added to, as the occasion demanded. The story of his wilful, felonious 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 increasing factional enmity to a dangerous intensity.

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 canvass Judge Hargis, through the _Courier Journal_ and other newspapers, had denounced the persons 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 _Commercial Gazette_, had been most persistent in industriously keeping the disparaging accusations against Hargis in the columns of the Republican press of the country. Editor Green was, in consequence, singled out by Hargis in his card to the _Courier Journal_ as the chief offender, assailing him in most bitter terms. Green applied to the law for redress and instituted suit for libel in the Jefferson Circuit Court at Louisville, asking for a large sum in damages.

Early in the spring of 1880 the case came on for trial. Hargis waived all questions of jurisdiction 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 complete 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 elections, served to open old sores and to inflict new wounds, 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, therefore, much more common than it is now. Candidates 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 influenced 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 nominee. The county being almost equally divided politically, the contest was close. Each of the candidates was wealthy, influential and extensively 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 Martin, son of Ben Martin, a wealthy farmer, was struck down and seriously injured. He immediately 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 consequences. Bradley was one of the most influential 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 of Craig Tolliver, who afterwards attained such unenviable notoriety and bore the distinction of being one of the most cruel, bloodthirsty desperadoes 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 adversaries. Floyd Tolliver lived at Farmers, a small village on the Licking river, a station of the Chesapeake & Ohio Railway, which traverses the county and passes through Morehead. The Tollivers also were a large family. Floyd, believing himself in danger, now turned to his relatives 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 wounding 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 cry, the dull thud of a falling body--Floyd Tolliver 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 apprehension 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 aggressiveness 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 lawyers in Kentucky. By his enemies, and they were numerous, he was regarded as wholly unscrupulous. 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 deluded by their repeated declarations that the law would be permitted to take its course. At the risk of antagonizing the Tolliver faction against himself Mr. Young promptly directed the removal 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 intended 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 10th, 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 Stewart. 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 prisoner would precipitate a conflict the magnitude 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 indefinite postponement of the trial. The order to the jailer of Clark County, directing him to deliver Martin to officers of Rowan County, was suspended on the 9th day of December, but unfortunately (fateful neglect!) the order of suspension was not communicated to the Clark County jailer. The wife of John Martin had been advised 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 inform 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, therefore, 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 meet with success. They advised strategy instead of force.

On the 9th 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 Winchester and to convey him to the county jail at Morehead. 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 Winchester,--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 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 Morehead. 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 nothing more nor less than assassination.

The jailer turned a deaf ear to his entreaties. He argued that a refusal to comply with the imperative order of the Rowan County Judge would involve him in trouble. He had no right to believe the order forged. It bore the stamp of genuineness. It seems to us, however, that a more circumspect officer, informed of the conditions and circumstances surrounding the prisoner, acquainted 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 subject 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 injury. Threatening disasters through blunders of commanding officers have often been averted by the disobedience of inferior officers, who preferred 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 another coach, entirely ignorant of her husband's presence in the next one.

While this occurred at Winchester, Craig Tolliver 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 awaiting 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 mournfully 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 confederates.

Martin sees the men enter and instinctively realizes that his end has come. He attempts to rise to his feet. Instantly shots are fired. Martin sinks back upon his seat, lifeless, his "protectors" 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 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 relatives. 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 begun 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 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 attempted his assassination had acted under instructions 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 murder of John Martin.

Whether he was or was not a Tolliver sympathizer, another murder committed soon afterwards 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 succeeding 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 17th 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 killing, 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 sympathizers. This act of defiance called forth bitter denunciation from the Tollivers and their friends, among whom was ex-Sheriff Day and Jeff Bowling, 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 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 shattered 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 annihilation. 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 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, intended to restore peace, effected the opposite result. It prevented prosecution of either side for the Morehead riot. The leniency extended by the authorities merely emboldened and encouraged the warring parties--the truce was violated by both sides within a short time after it had been agreed to.