Part 8

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

As we have stated, the shooting of Young, the County Attorney, had been charged to the Martin faction. In retaliation for this crime the Tollivers 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 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 vigilance. Finally, on the evening of the 27th 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, surrounded 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 determined upon open attack. But to avoid possible failure of the plot it was deemed necessary to increase the force. A messenger was hurriedly dispatched to Morehead.

A short time afterwards the Tollivers had assembled 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 explanation 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 Rayborn 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 attempted search of the upper story. At the stairway 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 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 intimidation, they soon saw their mistake. These two men were brave to the core. Besides, they preferred to die fighting rather to being mercilessly butchered as helpless prisoners. They remembered 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 rapidly toward the western horizon; the shades of 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 entire 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 moment throughout that long day. It was a desperate 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, however, 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 infamous day's work by setting fire to it. The inmates escaped without even necessary clothing. The body of Rayborn was left lying where it 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 imagined 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 incompetent 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 followed. 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 suspicions. One of the magistrates decided for commitment of the prisoners to jail without bail; the other declared that no offense had been proven. Under the law then existing this disagreement of the court permitted the murderers to go _free_.

The trial was a pronounced farce. Afterwards 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 Kentucky, none dared molest him. He saw his mistake 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 finger of suspicion pointed to Bowling as the only one who had a tangible motive for the commission of the crime. He was promptly indicted, tried and sentenced to death, but the sentence was finally commuted to life imprisonment. He served seven years of his time and moved to Texas.

Humphrey, after his miraculous escape from the Martin house, had become thoroughly convinced 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 Cincinnati, 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 remote connection with the feud. John G. Hughes was killed by a mob styling themselves "regulators." 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 precipitating 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 election at which all county officers were to be chosen. 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, commanded by Major K. W. McKee of Lawrenceburg, hastened to the scene of the trouble.

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 affairs in Rowan County resulted in a _nolle prosequis_, qualified by certain conditions, of the 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 Commonwealth 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 limited 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 afflicting 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, coupled with a promise on the part of each to leave the county of Rowan never to return unless, 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 practising here, with the commander of the forces now stationed at the county seat, and with citizens of high position and authority in the Commonwealth, 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 prosecutions made.

The following written agreements were then signed and attested:

Asher G. Caruth, Commonwealth's Attorney pro tempore, 14th Judicial District:--

I request you to suspend any further proceedings in the cases now pending in the Rowan Circuit Court against me, and promise that I will remain away from the county of Rowan permanently. 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 immediately thereafter leave the county to permanently 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 palpably unfair that visiting lawyers commented upon it and afterward testified before the legislative committee to that fact. Several court officers were undisguised partisans. It seems to us, however, that these cases might have been removed from the county and tried elsewhere upon a change of venue. At any rate, the compromise effected by Mr. Caruth proved not only unsatisfactory, 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 understand 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 compromise was based upon the understanding that if either returned except under the conditions recited 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.

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 Baumgartner as his deputy. The latter was a citizen of Elliott County, where he had a reputation for violence and desperation. Pursuing the same course in Rowan, Humphrey's association with him made him many enemies. Baumgartner's connection with the Martin faction compromised Humphrey; thus step by step he was thrown into the whirlpool of trouble. The formerly quiet, inoffensive 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 Kentucky 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 business.

With Humphrey gone, the Martin faction practically 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 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 Tolliver's dictatorship, were easily intimidated by keeping them in constant fear of death or destruction 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 residences 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 they were gone from the county. A funeral is not a pleasant function at any time, and the prospect of one's own set for a definite time, has a tendency 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 killings 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 convictions were secured for any of these murders. But of this later on.

On October 20th, 1886, H. M. Logan was shot from ambush in the streets of Morehead, while walking from his place of business to his residence. 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 struck by a cyclone. Windows and doors had been completely shot away and the walls perforated 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 atmosphere of Morehead, concluding that Covington, 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. Unfortunately, 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 Ashland, 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 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 return 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.