Part 9

Nearly all of the parties who were thus driven from the county, were men of wealth and business capacity. Removals continued. The magnitude of the exodus may be realized by examining the figures giving the population of the county seat, Morehead, from 1885 until the early part of 1887. In 1885 Morehead was a flourishing town of more than seven hundred inhabitants. Within two years this figure was reduced to less than three hundred. More than _half_ the population had removed. Private residences and storehouses stood empty, with windows nailed up or were taken possession of by the Tollivers whenever it suited their fancy. The Tollivers made up the population. The offices of police judge and town marshal were filled by Tollivers. On June 1st, 1887, Craig Tolliver had the entire town under absolute control. He was elected police judge without opposition. He did a driving business, selling whiskey, without license, of course. The law as to obtaining license to sell liquor applied not to him. He was above the law. He took possession of the Exchange Hotel, which H. C. Powers had left without a tenant, by right of conquest. Why should he have troubled himself with renting property when houses stood empty, and he was monarch of the town! The property of his enemies was his--the spoils of war.

The Central Hotel was placed at the disposal of Tolliver by its owner; the former leased it to Bunk Mannin and his brother, Jim Mannin. These two were Craig Tolliver's constant associates. He had brought them from Elliott County. Knowing their reputation as desperadoes, he created them his body-guard. Bunk Mannin, bloodthirsty, brutal, but courageous, believed he could serve his chieftain best by capturing the office of town marshal. He set himself up as candidate and was elected without a whisper of opposition. As town marshal and hotel keeper, he opened a saloon at the Central Hotel, operating it in the manner of the one run by Craig Tolliver, in violation of the law. Bud Tolliver was made a member of the town council. Craig Tolliver's triumph was now complete. The midnight carousals, the continuous discharges of Winchester rifles and pistols, made night hideous. Persons of unquestionable courage grew nervous. At this period the exodus of the inhabitants was greatest.

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

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

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

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

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

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

At the February term of the Rowan Circuit Court (1887) Dr. Henry S. Logan, R. M. McClure, John B. and W. H. Logan and Lewis Rayborn, were indicted for conspiracy to murder Circuit Court Judge A. E. Cole, James H. Sallee, Commonwealth's Attorney, and Z. T. Young. All the parties indicted were prominent citizens and of such a character that those not prejudiced against, and acquainted with them, at once declared the charges false. The entire transaction bore the ear-marks of a shrewdly laid plot to rid the county of these men, who had become objectionable to _Czar_ Craig Tolliver because they had dared to criticise his rule. The indicted parties were arrested and confined in jail, their bail having been placed at an exorbitant sum. They were hustled off to Lexington for "safekeeping." John B. and W. H. Logan gave bond and returned to their home, about four miles distant from Morehead. Their father remained in prison.

When it became known that James Pelfrey was the chief witness against them, it seemed easy to see through the whole affair. Pelfrey's black character was well-known by some of the Tolliver clan, and to this unscrupulous man they had turned to effect their villainous conspiracy. A suitable story was concocted and rehearsed. With it Pelfrey appeared before the grand jury, and loaded upon his sin-stained soul the dastardly, black crime of perjury. After their return home the Logan boys lived quietly and alone, taking charge of the farm in their father's absence. W. H. Logan (Billy) was a consumptive, twenty-five years old, and almost reduced to a skeleton by the dread disease. His brother, J. B. Logan (Jack) was a youth of eighteen.

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

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

Completely ignorant of the impending danger, the boys were found at home. The first warning they had of the approach of the assassins, under the guise of officers, was the rapid firing of guns. The boys, terrified, ran up-stairs, Mannin and Craig Tolliver rushing after them. Jack Logan seized a shotgun, and over the earnest protest of his brother Billy, fired into the body of Mannin, inflicting a painful, but, unfortunately, not fatal wound. Mannin and Craig Tolliver retreated from the house, while the boys waited tremblingly, with bated breath, for developments. They saw there was no hope for them. The smell of burning wood and clouds of smoke told them of their peril. By order of _Judge_ Tolliver the posse comitatus had built a fire on the porch intending to burn the house, and thus force the boys to come out. The crackling of flames, the shouts and cruel, derisive laughter of the brutal band outside presented a scene such as we read of with horror in the stories of the Indian wars. Deputy Sheriff Hogg then _requested permission_ to extinguish the flames. The other "representatives of the law" consenting, a parley was held. Hogg went into the house and offered the boys the alternative of surrender or death by fire. They naturally chose the former, hoping against hope that some miracle might yet save them, or that, perhaps, their appearing unarmed, might move the band with compassion and mercy. However, before leaving the house, they wished assurance that their lives should be protected. Deputy Sheriff Hogg reported to Craig Tolliver, and that redoubtable officer of the Commonwealth authorized him to _promise_ them protection. This assurance was then communicated to the boys, supplemented by the personal guaranty of Sheriff Hogg. The boys determined to leave the house.

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

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

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

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

Up to the time of the murder of the Logan boys neither D. Boone Logan nor Pigman had taken any active part in the feudal strife, indeed they had carefully kept aloof from any act or speech that might in any way connect them either directly or indirectly with the faction. Boone Logan had attested the agreement signed by Craig Tolliver to remove from the county. But beyond this he had remained neutral. Not content, however, with foully murdering his young relatives, Craig Tolliver sent to Boone Logan the exasperating message that he must leave, that he, Tolliver, would rent his house, and hire Logan's wife out to make a living for her children. By threatening D. B. Logan, Craig Tolliver made the mistake of his life. He conjured up a storm which passed soon beyond his power to control. When it broke loose in all its fury on the 22nd day of June, and the streets of Morehead ran red with blood, the desperadoes experienced at last the lash of an avenging God.

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

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

Logan and Pigman avoided being seen in each other's company, yet the Tollivers by some means had learned of their secret meetings, and, growing suspicious, began hunting them high and low. To relate the many narrow escapes these two men had from death would fill pages. Every road was patrolled by the Tollivers, passing trains were searched, inquiries made everywhere, and insulting messages sent to Logan's family. Shrewdly he avoided any encounter, but with dogged determination continued his preparations.

On the 16th day of June Boone Logan eluded the vigilance of the Tollivers and succeeded in reaching Frankfort, Ky., where he asked for, and was accorded, an interview with Governor Knott. To him Logan related the existing conditions in Rowan County, the despotism exercised by Craig Tolliver and his associates in crime, the horrible murder of the Logan boys, for which no one had as yet been molested, and asked for troops to effect the capture of the outlaws. The Governor listened attentively to Mr. Logan's representations, but replied that he had already sent soldiers to Morehead at the cost of many thousands of dollars to the State, with no other result than aiding courts in committing travesties of justice; that under the circumstances he could not see his way clear to repeat his experiences with that county. He then asked Logan what per cent of the population was actually engaged in the trouble, and on receiving reply, answered that the good citizens being so largely in the majority, they should be able to themselves put down lawlessness. Logan admitted that he could find a number of citizens who would be willing to aid him in arresting the outlaws if they could secure the necessary arms. He asked the Governor for the loan of a few guns from the arsenal at Frankfort, offering to give satisfactory security for their safe return. The Governor explained that such a course was unwarranted and a matter beyond his control. Logan's face turned almost livid for a moment. He did not blame the Governor, who acted under the law. But he became exasperated at the thought that a band of murderers were under the law permitted to remain in undisputed possession of his county, his home, while the Governor seemed without authority to come to the rescue of order and to maintain the dignity of the law. Courts had refused to do their duty; officers championed openly the cause of the murderers; peaceable citizens had been driven from their homes--anarchy reigned supreme. These thoughts filled his brain. Before his mind's eye appeared the mangled remains of his cousins. He feared for his wife and children at Morehead. His home might at this moment be reduced to ashes and its inmates burned or shot. The young man's eyes gleamed with a dangerous fire. His lips quivered while the strong heart beat almost audibly with excitement, indignation and utter disgust. At last he spoke, slowly, firmly, every word full of meaning. It was then he made his famous reply, so often repeated and commented upon:

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

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

The action of Governor Knott in refusing to send troops to Rowan County has been criticised by those ignorant of the law and the powers of the Governor in such cases. The law lays down the scope of his authority. The power of the county had not been exhausted in bringing about, or attempting, the apprehension of the criminals. He had already responded with troops to protect the court only to find that the authorities showed the white feather; that compromises with criminals had been entered into; that juries and officers were corrupt, and when trials had occurred had proved a farce. No doubt in his heart he wished for Logan's success. The man had made futile attempts to live peaceably. Now he intended to act in self-defense. The government cannot help him--he must therefore help himself. A man's home, no matter how humble it may be, is sacred as the King's palace in the eyes of the ancient common law. To defend it from intrusion and attack is man's God-given right, his duty; Boone Logan set about to retake his fireside.

FINAL BATTLE OF MOREHEAD.

JUNE 22ND, 1887.

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

Immediately upon his return to Rowan County Logan summoned his friends. They responded with a will. Many came from the neighboring counties, except Elliott County, which section sympathized strongly with the Tollivers, whose relatives were strong there. Sheriff Hogg was placed in possession of the warrants against Craig Tolliver and his confederates, charging them with the recent murders of the Logan boys (June 7th). It was definitely and explicitly agreed upon and arranged that the sheriff should demand the surrender of the Tollivers, and only in case of their refusal to comply were the citizens to take a hand. This, of course, was a mere matter of form. It was easy to predict to a certainty that the Tollivers would not obey the demand of surrender by the officers. That had been tried too often before. Yet the Logan faction desired to exhaust all lawful means before resorting to bloodshed.

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

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

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

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

It was late in the morning of the 22nd, when an accident revealed to them their danger, though the knowledge came too late to enable their escape. The wife of a railroad man was visiting friends at Morehead. Her husband had noticed bodies of armed men closing in upon the town. He also knew of the large shipment of arms to Gate's station. Anxious for the safety of his wife, after his suspicions had been aroused, he telegraphed her to leave Morehead at once, that a battle was impending without doubt. This information was conveyed to the Tollivers, who immediately prepared for the attack. Thus it happened that when the battle commenced, Logan and his men were put upon the defensive instead of the offensive, as they had anticipated.

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

Logan, unaware that his plans had been betrayed to the Tollivers, attempted to communicate with his friend Pigman at the latter's store. He despatched a young man, William Bryant, with a note. To his surprise, the Tollivers suddenly appeared, armed to the teeth, and opened fire upon Bryant. The boy fled for life and escaped without a wound.

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

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

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

"It is painful to dwell on the distressing picture of one individual, but multiply it, and think of the agonies of dying men, as goaded by pain, they grasp the cold ground with convulsive energy, or another, faint with the loss of blood, his pulse ebbs low, and the gathering paleness spreads itself over his countenance; or, wrapping himself round in despair, he can only mark by a few feeble quiverings, that life still lurks and lingers in his lacerated body; or, lifting up a faded eye, he casts a look of imploring helplessness for that succor which no sympathy can yield."

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

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