Taking Sides
Some took sides in the feuds that have been carried on throughout the Blue Ridge Country and thereby got themselves enthralled, while others, more tactful, managed to keep aloof and remain friends with the belligerents.
There’s Uncle Chunk Craft on Millstone Creek in Letcher County. Enoch is his real name. There’s nothing he likes better than to tell of the days when he was one of Morgan’s raiders. Then, when he was only twenty-two, that was in 1864, Uncle Chunk slept in a cornfield near Greenville, Tennessee, the very night General John Hunt Morgan, who had taken shelter in a house a couple of miles away, was betrayed by the woman of the house and shot to death by Unionists.
“We were tuckered out,” he said, “had tramped through rain and mud and finally rolled in our blankets, if we were lucky enough to have one, and fell asleep wherever it was. I burrowed in with a comrade. But we didn’t get much rest. For, first thing you know, seemed I’d just dozed off, someone come shoutin’ through the cornfield that the General had been killed. We shouldered our muskets and stumbled off through the field, grumbling and growling that we’d ’tend to the ones that had betrayed him. But even if the woman had been found I reckon we’d a-shunnedkillin’ her. There’s a heap that goes on in war that a man don’t like to think on.”
Uncle Chunk was proud to own, however, that he saw hard fighting through Virginia, Tennessee, and Kentucky and was glad enough when the war was ended. He came back, married Polly Ann Caudill, and settled down in Letcher. It wasn’t long until another war started. This time between his neighbors. But with all the carryings-on between John Wright and Clabe Jones in the adjoining counties of Floyd and Knott, Enoch Craft managed to stay friends with both sides. Whichever side happened to round in at his home, hungry and footsore from scouting in the woods for the other faction, found a welcome at Uncle Chunk’s and plenty to eat. “Fill up the kittle, Polly Ann,” he’d call to his wife, as he went on digging potatoes. “Here comes some of John Wright’s crew.” Or, “Put on the beans, I see Clabe Jones’s men comin’!”
And fill up the kettle Polly Ann did.
After the belligerents had eaten their fill, Uncle Chunk would try to reason with them to let the troubles drop. “A man thinks better on a full gut than a empty one,” he argued. And at last, through his help, the Clabe Jones-John Wright feud ended.
In Bloody Breathitt in 1886, Willie Sewell was shot from ambush while making molasses on Frozen Creek. That started feeling, for Willie had lots of kinfolks. He himself was not without sin, for he had killed Jerry South. The Souths were related to the Cockrells. But when Willie Sewell, who was a half-brother of Jim and Elbert Hargis, was shot the trouble, which became the Hargis-Cockrell feud, really began.
A quarter of a century after one of the most famous ofKentucky mountain trials—when Curt Jett was tried for the assassination of James B. Marcum and James Cockrell—the trouble was revived with the killing of Clay Watkins by Chester Fugate. This uprising, it was said, started when Sewell Fugate was defeated by Clay Watkins for the office of chairman of the county Board of Education. Chester quarreled with Clay over a petty debt. Three years before that time Amos, cousin of Chester, had shot and killed Deputy Sheriff Green Watkins, brother of Clay. When an enraged posse found Amos they filled him with bullets. Sixty years before, Hen Kilburn, grandfather of Chester Fugate, was taken from the county jail in Jackson and lynched for killing a man. It was the first time such a lynching had occurred at the county seat.
On Christmas morning in 1929, Chester Fugate was taken from the same jail and shot to death, but not in the courthouse yard. The posse took him out to a farm some miles away. That was the second lynching in Bloody Breathitt. There was a heavy snow on the ground, making a soft carpet for the swiftly moving feet of the mob numbering more than a score, as they hurried their victim away. Before entering Fugate’s cell, they had bound the jailer, S. L. Combs, to make sure of no interference from that source.
Some miles from the county seat they stopped in a thicket on a farm.
That morning farmer Jones got up before daylight and with lantern on arm went out to milk the cows and feed the stock. He halted suddenly in the unbeaten snow for from a nearby thicket came a strange sound. At first the farmer thought it the moaning of a trapped animal. Holding the lantern overhead he stumbled on a few yards to find Chester Fugate in a pool of blood that stained thesnow all about the crumpled figure. Bleeding profusely from thirteen gunshot wounds, Chester survived long enough to give the names of at least six of his assailants.
It was another outbreak in the Hargis-Cockrell feud.
Five of the men in the mob surrendered. They were bound over and released on bail. All were kin of Clay Watkins: Samuel J. was his brother, L. K. Rice his son-in-law, Allie Watkins his son, and Earl and Bent Howard were his nephews. The men signed their own bonds together with Jack Howard, uncle of Bent and Earl. The name of Elbert Hargis was also affixed to the bonds. The sixth man named by Chester Fugate before he died was Lee Watkins, a cousin of Clay, who said he would surrender.
The trouble went back more than a quarter of a century when Curtis Jett—his friends called him Curt—and others assassinated James B. Marcum and James Cockrell. Curt was a nephew of county Judge James Hargis, who was said by some to be the master mind behind the murders.
The state militia was called out to preserve order during the trial.
Things had been turbulent in Breathitt before. Back in 1878 Judge William Randall fled the bench after the slaying of county Judge John Burnett and his wife. However, the commencement of the Hargis-Cockrell feud in 1899 was over a contested election of county officers. The Fusionists or Republicans declared their men the winners, while the Democrats were equally certain of triumph. James Hargis was the Democrats’ candidate for county judge, Ed Callahan for sheriff.
The leading law firm in all of eastern Kentucky at the time was that of James B. Marcum and O. H. Pollard, butwhen the election contest arose, the men dissolved partnership. Marcum represented the Republican contestants, his former partner looked to the affairs of the Democrats. Until this time Marcum had been a close personal friend as well as legal adviser to James Hargis.
Depositions for the contestants were being taken in Marcum’s office when the two lawyers almost came to blows over Pollard’s cross-examination of a witness, with Hargis and Callahan sitting close by. Harsh words were uttered and pistols drawn, and Hargis, Callahan, and Pollard were ordered from Marcum’s office. When warrants were issued for them and Marcum also by police Judge T. P. Cardwell, Marcum appeared in court and paid a fine of twenty dollars. But Jim Hargis refused to be tried by Cardwell—the two men had been bad friends for some time. Then, instead of attempting alone the arrest of Hargis, the town marshal of Jackson, Tom Cockrell, called on his brother Jim to lend a hand.
It is said that when Tom went to arrest Hargis the latter refused to surrender, drawing his gun. But Tom covered Jim Hargis first. Whereupon Hargis’s friend, Ed Callahan, who was close, covered Tom Cockrell and in the bat of an eye Jim Cockrell, his brother, covered Callahan. Seeing that the Cockrells had the best of them, both Jim Hargis and Ed Callahan surrendered. That incident passed without bloodshed and Marcum himself sent word to police Judge Cardwell that he didn’t want to prosecute Hargis and asked that the case be dismissed, as it was.
That same year there was a school election.
“Marcum flew in a rage,” said Hargis, “when I accused him of trying to vote a minor and he pulled his pistol on me but did not shoot.”
Though that difference was also patched up, the familiesbegan taking sides in the many quarrels that followed. Accusations were made first by one side, then the other. Marcum accused Callahan of killing his uncle, and Callahan in turn charged that his father had been slain by Marcum’s uncle.
In July, 1902, the flames of the feud were fanned to white heat.
Tom Cockrell, a minor, fought a pistol duel with Ben Hargis, Jim’s brother, in a blind tiger, leaving Ben dead upon the floor. Tom was defended by his kinsman, J. B. Marcum, without fee. Tom’s guardian, Dr. B. D. Cox, one of the leading physicians in Jackson, was married to a Cardwell whose family belonged to the Cockrell clan.
It was not long after Ben Hargis’s death that his brother John, “Tige,” was slain by Jerry Cardwell. Jerry claimed that it was in the exercise of his duty as train detective.
“Tige was disorderly,” Jerry said, “when I tried to arrest him.”
Anyway pistols were fired; Jerry was only wounded but Tige was killed. His death was followed shortly by that of Jim Hargis’s half-brother. The shot came from ambush one night while he was making sorghum at his home, and no one knew who fired it.
On another night not long thereafter, Dr. Cox, who was guardian of the minor Tom Cockrell and the other Cockrell children, was hurrying along the streets of Jackson to the bedside of a patient.
When the doctor reached the corner across from the courthouse and in almost direct line with Judge Hargis’s stable, he dropped with a bullet through the heart. Another shot was fired at close range and lodged in the doctor’s body.
The evidence disclosed that at the time of the shootingJudge Hargis and Ed Callahan were standing together in the rear of Hargis’s stable from which direction the shots came. The Cockrells stated that Dr. Cox had been slain because of his family relationship with them and because of his participation in the defense of young Tom Cockrell, his ward.
The story of Dr. Cox’s death was still on many lips when Curt Jett, who was Sheriff Ed Callahan’s deputy, met Jim Cockrell in the dining room of the Arlington Hotel where they engaged in a quarrel and exchange of bullets. Neither was injured, but bad feeling continued between them.
Sometime during the morning of July 28, 1902, Curt and a couple of friends concealed themselves in the courthouse. At noon that day, in broad daylight, Jim Cockrell was shot dead on the street from a second-story window of the building. Across the way, from a second-story window of Hargis’s store, Judge Jim Hargis and Sheriff Ed Callahan saw the shooting.
Jim Cockrell had assisted his brother, the town marshal, in arresting Jim Hargis and was the recognized leader of the Cockrell faction. He had spared no effort in obtaining evidence in his brother’s behalf when young Tom was tried for killing Ben Hargis in the blind tiger.
Under cover of darkness Curt Jett and his companions were spirited away from the courthouse on horseback and no arrests were made.
In the meantime the trial of young Tom Cockrell for killing Ben Hargis was moved to Campton, but Judge Jim Hargis and his brother, Senator Alex Hargis, declared that they’d never reach Campton alive if they should go there to prosecute young Tom. So the case was dismissed. “Our enemies would kill us somewhere along the mountain road,” the Hargises declared.
Jim Hargis loved his wife and children. He idolized his son Beach, who spent his days hanging around his father’s store and squandering money that the doting parent supplied.
Up to November 9, 1902, according to information supplied by J. B. Marcum, there had been thirty persons killed in Breathitt County as a result of the feeling between the factions and to quote Marcum’s own words, “the Lord only knows how many wounded.”
After Marcum’s assassination on May 4, 1903, his widow wrote theLexington Heraldthat there had been thirty-eight homicides in Breathitt County during the time James Hargis presided as county judge. J. B. Marcum and his wife both had known for a long time that he was a marked man. Indeed, ever since he had represented the Fusionists in contesting the election of Jim Hargis as county judge, it was an open secret that Marcum would meet his doom sooner or later. Added to this was the animosity aroused on the Hargis side by Marcum’s defense of young Tom Cockrell for killing Jim Hargis’s brother Ben.
Marcum made an affidavit which he filed in the Breathitt Circuit Court declaring that he was marked for death. Others substantiated his statement by swearing to various plots that had been concocted to assassinate him. As a matter of fact while the feeling was raging high in the contest case he was a prisoner in his own home for seventy-two days, afraid to step out on his own porch. To protect himself against bullets he had a barricade built joining the rear of his house with a small yard. Whenever he left his home, which was seldom, he was accompanied by his wife and he carried one of his small children.
Once he went to Washington and stayed a month. Itwas during that time that his friend Dr. Cox was assassinated. A client of Marcum’s by the name of Mose Feltner came to his home to acquaint the lawyer with a plot against his life. Mose told how he had been given thirty-five dollars to commit the deed and a shotgun for the purpose. He also took Marcum to a woods and showed where four Winchester rifles had been concealed by him and his three companions. The guns, Mose said, were kept there during the day but were carried at night so that if he or his companions met Marcum they were prepared to kill him. The plot, so Mose declared, was to entice Marcum to his office on some pretext or other. Mose was to waylay him and pull the trigger. Mose went further. He told Marcum that the county officials had promised him immunity from punishment if he would carry out the plot and kill Marcum. When at last the election contest furore had quieted down Marcum concluded it was safe to venture forth to his law office and resume his practice.
On the morning of May 4th he had gone to the courthouse to file some papers in the case. He lingered for a while in the corridor to greet this one and that, then walked slowly through the corridor toward the front door. From where he stood talking with a friend, Benjamin Ewen, Marcum could see across the street Judge James Hargis and Sheriff Ed Callahan sitting in rocking chairs in front of Hargis’s store. When the shots were fired that killed Marcum neither Hargis nor Callahan stirred. Their view was uninterrupted when the lifeless body plunged forward. They remained seated in their rocking chairs, looking neither to right nor to left. They made no effort to find out who did the shooting.
“My God! they have killed me!” cried Marcum as bulletsstruck through the spine and skull and he lunged forward dead.
Curt Jett, tall and angular with red hair and deep-set blue eyes, a man of many escapades, was convicted of the murder and sent to the penitentiary for life. The evidence of Captain B. J. Ewen, with whom Marcum was talking when shot, disclosed that Tom White, one of the conspirators, walked past Marcum glaring at him to attract his attention. As he did so Curt in the rear of the hallway of the courthouse fired the shots. Curt Jett’s mother was a sister to Judge Hargis, and Curt, though only twenty-four at the time, was a deputy under Ed Callahan.
Nine years later on the morning of May 4, 1912, Ed Callahan, while sitting in his store at Crockettsville, a village some twenty-five miles from Jackson, the county seat, was killed. Callahan too was a marked man and knew it. Connecting his house and the store he had built a stockade to insure his safety as he passed from one to the other. There was a telephone on the wall near the back window of the store and he had just hung up the receiver after talking to a neighbor when two bullets in quick succession whizzed through the window from somewhere across the creek. One entered Callahan’s breast, the other his thigh. Members of his family rushed to his side and carried him, sheltered by the stockade, to his home where he died.
The old law of Moses, “an eye for an eye, a tooth for a tooth” still prevailed.
It is estimated that from 1902, when the Hargis-Cockrell feud started over an election contest, to 1912, more than one hundred men had lost their lives.
Like the feuds of Scotland, those of the southern mountains usually found kin standing by kin, but sometimesthey quarreled and killed each other. In the Hargis-Cockrell feud, Marcum’s sister was the wife of Alex Hargis. Curt Jett’s mother was a half-sister to Alex and Jim Hargis. His father was a brother of the mother of the Cockrells, Tom and Jim. Yet Curt was openly accused of killing Jim Cockrell. Dr. Cox, who was slain early in the fray, was the guardian of young Tom Cockrell and Mrs. Cox was a sister of the police judge of Jackson, T. P. Cardwell, Jr., who was in office when he issued warrants for Marcum, Jim Hargis, and Ed Callahan when they had quarreled in Pollard’s law office at the time depositions were being taken in the election contest.
Though Curt Jett, Mose Feltner, John Abner, and John Smith confessed to the assassination of J. B. Marcum, saying Jim Hargis and Ed Callahan planned the crime, Hargis and Callahan protested innocence. Even so Marcum’s widow got a judgment for $8000 against the two for killing her husband. After John Smith confessed and was dismissed he turned bitterly against Hargis and Callahan and their faction and was suspected of attempting to assassinate Callahan a year before the deed was accomplished.
Around the store of Judge James Hargis conversation turned often to the troubles. If a woman came in to buy a can of baking powder she looked stealthily about before gossiping with another. If a man entered to buy a plug of tobacco or a poke of nails to mend a barn or fence, his swift eye swept the faces of customers and loiterers and presently he’d sidle off to one side and talk with some of his friends.
Young Beach Hargis, upon whom his father doted, heard this talk. He knew of the feeling of the different ones connected with the trouble. It was talked not onlyaround the store but in the Hargis home. When the father wasn’t about Beach and his mother mulled it over. Beach never was a lad to work. “Why should I?” he argued. “Pa’s got plenty. And I aim to get what’s coming to me while the old man’s living.”
If the father protested that Beach was squandering too much money, the mother shielded her son and wheedled Jim Hargis into giving him more.
“He’s been pampered too much, Louellen,” Judge Hargis often remonstrated with his wife. “Should we spare the rod and spoil the child?” And sometimes Evylee, Beach’s sister, would plead with her father to forgive Beach once again for drunkenness and waywardness. Evylee had been away to school at Oxford University in Ohio near Cincinnati. She loved the nice things of life, particularly learning. Judge Hargis was an indulgent father. He wanted his children to have the best, both in education and dress. He wanted his boy Beach to go through college. But Beach had no fondness for book-learning or fine clothes.
“I’ve give up trying to do anything with him, Louellen,” said Jim Hargis to his wife one day when they were together in the sitting room of their home. “Look yonder there he goes.” He pointed a condemning finger at Beach reeling drunk along the sidewalk.
“Don’t fret, Pa,” Mrs. Hargis pleaded with her husband. “He’s young. He’ll mend his ways. Don’t forsake him.”
That was the day before the homicide.
Next day Beach was still drunk. He swaggered into the store, leered about for his father, and not seeing him stumbled on past the racks where the guns lay, past the shelves laden with cartridges and shells, on into the rearroom where coffins were lined in a somber row. Judge Hargis kept a general store that carried in stock most anything you could call for from baking soda and beeswax to plows, guns and coffins. Beach didn’t notice the black-covered coffins or the guns. He stumbled along to a corner of the wareroom where he slumped on a keg of nails. There he sat a while mumbling to himself. His eyes were bloodshot, his face swollen from a fall or a fight. “The old man punched me in the jaw,” he kept repeating, “and I’ll—I’ll—”
Frightened clerks hurried past him in waiting upon customers. No one tried to listen or understand. Beach kept on mumbling. After awhile he staggered out again. Later that same day he went to a barber shop for a shave and haircut. Suddenly he raised up from the chair and leering toward the street muttered at a man passing, “I thought that was the old man going yonder.” It was not Judge Hargis, the barber assured Beach, so the drunken fellow settled back in the chair and the barber proceeded to lather his face.
Beach’s sister, who was married to Dr. Hogg, often took her drunken brother in.
“Evylee’s got no right to harbor Beach,” Judge Hargis complained to his wife. “He’s tore up our home and he will do the same for Evylee and her husband and for Dr. Hogg’s business too. He’s a plum vagabond and spoiled. And put on top of that whiskey, and a gun in his hand, the Lord only knows what that boy will do.”
Out of one scrape into another, in jail and out, Beach Hargis went his way. The mother pleading with the father to forgive him and let him have another chance. The sister pleaded with Beach to quit drinking and carousing.
On the 17th day of February, 1908, Beach, still maudlindrunk, went again into his father’s store. He didn’t look at the guns in the racks this time. He glanced toward the wareroom where the black coffins stood in a row on wooden horses. “I’m looking for the old man,” he muttered to a clerk. Then he reeled toward the counter and asked the clerk to give him a pistol. The clerk refused, saying he could not take a pistol out of stock, but added, “Your Pa’s pistol is yonder in his desk drawer. You can take that.”
Beach helped himself.
In the meantime Judge Hargis had come into the store just as Beach, with the pistol concealed in his shirt, went out.
In the drugstore of his brother-in-law, Dr. Hogg, Beach terrorized customers and the proprietor by pointing his pistol around promiscuously. He reeled out of the place without firing, however, and went back to his father’s store. Someone later said all he had been drinking was a bottle of Brown’s Bitters.
From where Judge Hargis stood in one part of the double storeroom he could see Beach sitting cross-legged in a chair near the front door. Beach spat on his shoe and slowly whetted his pocket knife, scowling sullenly now and then in his father’s direction. He clicked the blade of his knife shut and slipped it into his pocket and sat with his arms dangling at his sides, head slumped on his breast.
A customer came in and asked Judge Hargis, “Where’s Beach?”
The father pointed to the son. “There he is. I have done all I can for him and I cannot go about him or have anything to do with him.” Then Judge Hargis repeated that Beach was destroying his business and woulddo the same with Dr. Hogg’s business if Evylee kept on harboring him.
Not a word was spoken between father and son. But as Jim Hargis walked in his direction, Beach pulled himself up out of his chair, stepped around behind the spool case that stood on the end of the counter, leered at his father and moved toward him. Beach came within three feet of his father. The next thing they were grappling.
Terrified bystanders and clerks heard the report of five pistol shots. All five of the shots lodged in Jim Hargis’s body. By this time the two men were on the floor. The father holding the son down with one arm, lifted in his right the smoking pistol. “He has shot me all to pieces,” gasped Judge Hargis as he handed the pistol to a bystander. He died in a few minutes.
Loyal to her unfortunate son, Louellen, the widow of Judge Hargis, set about to get the ablest lawyers in the state to defend him. Will Young, matchless orator of Rowan County, was not able to clear Beach on the first trial. On the second, however, aided by the legal skill of Governor William O. Bradley, D. B. Redwine, J. J. C. Bach, Sam H. Kash, and Thomas L. Cope, Beach was sentenced to the penitentiary for life instead of the gallows.
As the years went by the mother continued to plead for her son’s freedom. Time and again she made the journey to Frankfort to beg mercy of the governor. Weary and sad she lingered outside the door of the mansion. She hovered close to the entrance of the chief executive’s suite in the capitol, pleading by look, if word was denied her. Finally the governor pardoned Beach Hargis, because, it was said, His Excellency could no longer bear the sightof the heartbroken mother. Beach was pardoned on promise of good behavior.
But scarcely was he back in Breathitt County when pistol shots were heard again. He rode out to the farm of relatives a few miles from Jackson and when the womenfolk spied him galloping up the lane they took to the attic in terror. Beach, reeling drunk, staggered into the dining room where the table was set for dinner. There was a platter of fried chicken, another of hot biscuits. He shot all the biscuits off the plate, threw the chicken out the door and didn’t stop till he had riddled every dish on the table.
The womenfolk up in the attic, with fingers to ears, stared white and trembling at each other. Finally one of the girls reached out of the small window up under the eaves and, with the aid of a branch from the cherry tree close by, caught hold of the rope on the farm bell. Once the rope was in her hand she pulled it quickly again and again. The clanging of the bell brought the men from the fields but as they approached on the run through the cornfield and potato patch, Beach threw a leg over his horse and galloped away, shooting into the air.
He continued on the rampage. Out of one scrape into another.
His mother died of a broken heart. She had done all she could for her son but Beach Hargis went his reckless way.
He was sent to prison a second time, for the safety of all concerned, but he escaped about the time of the World War. No one has seen hide or hair of him since then. There have been many conjectures as to his whereabouts but no one really knows what has come of Judge Jim Hargis’s slayer.
There is a fine State College in Morehead, Rowan County, Kentucky, where Judge Will Young, whose eloquence saved Beach from the gallows, lived and died. On the college campus there is a Hargis Hall, named for Thomas F. Hargis, a Democrat and captain in the Confederate Army, and a relative of the reckless Beach.
As for Beach’s cousin, Curt Jett, accused of murder, rape, and even the betrayal of a pretty mountain girl, convicted of the slaying of J. B. Marcum, he was pardoned from the penitentiary, got religion, and was, the last heard from, preaching the gospel through the mountains of Kentucky.
For all the shedding of blood of kith and kin in the Hargis-Cockrell feud, when our country was plunged into the World War, Bloody Breathitt had no draft quota because so many of her valiant sons hastened to volunteer.
Although many of the feuds in the Blue Ridge grew out of elections, they were not prompted by ambition, for the offices contested were not high ones like that of senator or congressman. Frequently they were lesser posts such as that of sheriff or jailer or school-board trustee. When the strife finally led to assassination the motive usually was the desire for safety. The one feared had to be removed by death.
One famous feud, however, was started over the possession of a wife’s kitchen apron.
Tom Dillam’s wife left him and one day passing his farm she spied a woman working in the field wearing one of her aprons. Mrs. Dillam flew into a rage, climbed the rail fence, and deliberately snatched the apron off the other woman. Tom went after her to the home of his father-in-law, John Bohn, to recover the apron. Hequarreled with his wife and instantly killed Bohn who tried to interfere.
As the quarrels continued and the years went by, Dillam incited his relatives and friends and armed them as well. He finally had behind him a band of outlaws. In 1885, about the time the Martin-Tolliver feud in Rowan County was at its height, Mrs. Dillam’s brother William had a dispute over timber with her estranged husband’s brother George. Bohn killed Dillam but as he ran for shelter he himself was slain by two other brothers of Dillam, Sam and Curt.
As the feeling grew others were drawn into the fray. Brothers opposed brothers. The Dillams’ sister was married to Lem Buffum, and because of Buffum’s friendship with the Bohns he was hated by the Dillams.
There was a dance one Christmas night at which two of the Dillam band were slain by Buffum. From then on Sam Dillam dogged the steps of Lem Buffum who finally killed his tormentor. This so enraged the Dillam band they started a reign of terror. They were openly out to get any Buffum sympathizer. They riddled their homes with bullets, burned barns, waylaid the sympathizers and shot them to death without warning. Once a friend of the Buffums’, Jack Smith, when the Buffum home was besieged, rushed in and carried out the aged mother of Lem. He bore her down to the river and leaping into a skiff rowed the old woman safely to the other side. On his return the Dillams shot him to death from ambush.
In such a high-handed fashion did they carry on their warfare that they made bold to seize Jake Kimbrell, a Buffum friend, at a dance. While some of the Dillam band held their prisoner fast other members of the crew shot him to death.
Their utter cruelty finally caused even some of their own faction to withdraw from the feud. Tom Dillam’s brother Ab said outright that if they wanted to go on hunting Lem Buffum and terrorizing the country they’d have to do it without him. Lem’s sister was married to Ab’s son Jesse. One day in his absence they set upon Ab’s house and shot it as full of holes as a sieve.
Women and children were no longer safe and the citizens decided something had to be done for protection. They asked the governor for troops. His refusal was bolstered by the alibi that first it was the duty of the sheriff of the county to attempt to capture the murderers. Then the judge of the county called for fifty militiamen. Instead of that number only fifteen came to restore law and order. But even before they arrived on the scene a lad on horseback saw them coming and galloped off to inform the outlaws who took to the woods.
With seven of the sheriff’s men left to guard the home and family of Jesse Dillam, Jesse and several others sought safety in a log house some distance away. However, before they could reach the log house one of their number was killed, one fled and the rest managed to escape into a nearby thicket.
When circuit court convened soon afterward the Dillam brothers, Tom and Curt, were arrested. Tom, having been released on a $5000 bail, was going toward the courthouse one day with his lawyer. Following close behind was Tom’s lieutenant and another friend. On the way they passed the house where their wounded victims were staying and when within range of the place the outlaws drew their pistols. They did not know that Lem Buffum and his friends had been warned and were waiting for this moment. Suddenly a volley of bullets was poured uponthe outlaws. Sixteen of the well-aimed shots had pierced Tom Dillam’s body.
Hatred and lust for murder had by this time gone deep into the heart of Tom’s son who became the leader of the band. If anyone opposed him in anything, he knew but one way to take care of the opposition and that by the gun. He gave one of the Dillam band twenty dollars and a gun to slay a rival. Tom’s brother Curt was finally released on bail but it was not long until his bullet-torn body was found in the woods.
Fear on the part of those who had testified against the outlaw in his trial impelled the removal for all time of the cause of fear. The universe breathed easier after Tom’s brother Curt was under the sod.
Martin-Tolliver Troubles
Troubles brewed around elections and courts.
Some years previously when the Talliaferro families changed their abode from Old Virginia to settle in Morgan County, Kentucky, it wasn’t long until their name also was changed. Their neighbors found the name Talliaferro difficult to speak and they began to shorten the syllables to something that sounded like Tolliver. So Tolliver it was from then on.
Craig Tolliver’s father became a prosperous farmer but with his prosperity came quarrels with a neighbor and finally a lawsuit. Tolliver was successful in the litigation, which incensed his neighbors. One night as he lay asleep in his bed the irate neighbors stealthily entered the house and shot him dead before the eyes of his fourteen-year-old son, Craig.
This early sight of high-handed murder embittered theboy who at once began to carry a gun and drink and lead a life of lawlessness.
In about 1880 he moved to Rowan County which became the scene of one of the bloodiest of Kentucky feuds, that of the Martins and Tollivers. Craig was the leader of his side. Gaunt and wiry, he stood six feet in his boots. His long drooping mustache was a sandy color like his goatee. His eyes, a light blue, were shifty and piercing, eyes that had the look of a snake charming a bird. In appearance Craig was a typical desperado. He swaggered about with gun at belt, a whiskey bottle on his hip.
At this time the secret ballot had not yet been instituted. Not only was the name of the voter called out but his choice as well. With the open ballot a man who bought votes knew how they were cast. Bribery and whiskey, both of which were plentiful and freely dispensed at voting time, went hand-in-hand with fights and corruption.
The stage was set for bloody feud in Rowan County by the time Cook Humphrey in 1884 ran for sheriff of the county on the Republican ticket against S. B. Gooden, Democrat.
That election day in August a group of men gathered in the courthouse yard at Morehead, the county seat, discussing the returns in heated tones.
Gooden lived in the town while his opponent lived about seven miles away on his father’s farm.
“Cook Humphrey won by twelve votes,” someone called out. At that a quarrel started. Fists were flying in the air. William Trumbo, kin of John Martin’s wife who was Lucy Trumbo, made a remark to a man by the name of Price. And the next thing they were in a wrangle. There were Tollivers and Martins present as well as friends of both families and soon all of them were engaged in thecontroversy. Someone struck John Martin, supposedly with the butt of a gun, knocking out a front tooth and badly cutting his head. His blood stained the courthouse steps. As he scrambled to his feet cursing vengeance against John Day and Floyd Tolliver for wounding him, he drew his pistol and others did likewise.
The next moment Sol Bradley, the father of seven children, lay dead with a bullet through his brain. Young Ad Sizemore caught a bullet in the neck.
There was a dispute as to whether John Martin or Floyd Tolliver had killed Sol Bradley, who was a friend and partisan of Cook Humphrey. It was never decided who did the killing. But it started the Martin-Tolliver troubles.
The wounding of Ad Sizemore was generally laid to Sheriff John Day.
Forthwith the factions organized and armed themselves. There were Martins, Sizemores, and Humphrey on one side, Days and Tollivers on the other side.
John Martin, the son of Ben, lived not far from his father on Christy Creek, a few miles from Morehead. His brothers, Will and Dave, resided nearby. They had a sister, Sue, who was as fearless as the menfolks of her family. She resented bitterly the treatment of the Martins by the other side. Sue lived at home with her father and mother.
The Tollivers were more widely scattered. Floyd lived in Rowan, Marion and Craig in Morgan County, their cousins Bud, Jay, and Wiley lived in Elliott County.
Their clansmen, all Democrats, including Tom Allen Day and his brothers Mitch, Boone, and John, also Mace Keeton, Jeff and Alvin Bowling, James Oxley, and Bob Messer lived in Rowan County.
The Martins, Logans, and Matt Carey, the county clerk, all Republicans and friends of Cook Humphrey, newlyelected sheriff, resented the killing of Sol Bradley, an innocent bystander.
There had been whisperings of threats laid to both sides. “As soon as the leaves put out good, I aim to get Floyd,” Martin is reported to have said. Similar mutterings were reported to have been uttered by Tolliver. “I’ll bide my time till the brush gets green; then I aim to have a reckoning. That Logan outfit, well-wishers of the Martins, are getting too uppity.”
It was Fentley Muse who told a tale-bearer that no good could come of such things and urged that all keep peace. But peace bonds were violated as fast as they were made. Pledges by Craig Tolliver to leave the county for good and all were broken.
There was more tale-bearing. There were those who, according to John Martin’s son Ben, later a World War hero, made the bullets for others to shoot, including one, a doctor, whom I knew well in later years. Ben Martin said of him angrily, “He filled more graves than any other man in Rowan County and yet he himself never fired a shot.” Ben’s aged mother, Mrs. Lucy Trumbo Martin, reiterated this often to me when I sat beside her on the porch of the old Cottage Hotel on Railroad Street in Morehead where much of the shooting took place. Indeed the old hostelry had been the scene of one of the fiercest gun battles between the Martins and Tollivers. It faced the Central Hotel across the tracks. The Galt House, the name by which the Carey combined boarding house and grocery-saloon was known during the Rowan County troubles, stood some distance away across the road from the courthouse.
It was a bleak day in December, 1884, following the August election in Rowan County when John Martin was struck on the head, that he and his wife Lucy and two oftheir small children climbed into their jolt wagon out on Christy Creek and rode into town. While his wife and the children went to do some trading at a general store down the road, John met Sam Gooden, John Day, and Floyd Tolliver. Words passed between Martin and Tolliver after which John went into Carey’s saloon. As he stood at the bar Floyd Tolliver came up and repeated what he had said to Martin outside—something to the effect that Martin had been wanting to bulldoze him. Martin denied the charge but Tolliver repeated, “Yes, by God, you have, and I am not going to permit it.” To which Martin answered, “If you must have a fight, I am ready for you.” At this Floyd put his hand in his pocket. Martin, thinking, so his wife and son told me, that Floyd Tolliver was about to draw his gun, drew his own in self-defense. Though Martin was quicker on the trigger than Tolliver, who now had his gun out of the holster, Martin did not have time to get his weapon completely out of his pocket. He shot through it, killing Floyd Tolliver almost instantly. “Boys,” Floyd managed to gasp, turning his eyes toward friends who rushed into the bar, “remember what you swore to do. You said you would kill him and you must keep your word.”
Martin gave himself up to the law. By this time a mob, friends of both sides, had gathered around and Martin was hurried, half dragged, across the road to the jail behind the courthouse.
In order to protect the prisoner from violence he was taken to the Winchester, Kentucky, jail next day. But he had been there only six days when a band of five men presented themselves to the jailer with an order, apparently signed by the proper authorities, commanding Martin’s return to Rowan County. He pleaded with the jailernot to surrender him. “It is only a plot to kill me,” he cried.
That day Martin’s wife had been to see him in his cell. She took him some cornbread and a clean shirt and socks. Little did she dream when she got on the train to return to Morehead that night that her husband sat handcuffed in the baggage coach ahead. Around the prisoner stood his five captors: Alvin Bowling, Edward and Milt Evans, a man named Hall, and another by the name of Eastman.
When the train was within five miles of the county seat of Rowan, at a village called Farmers, it was boarded by several masked men who rushed into the baggage car and shot John Martin, helpless and handcuffed, to death.
“They’ve killed him!” Lucy Trumbo Martin screamed at the sound of the first shot, though until that moment she had not known her husband was on the train. “I knew they had killed John,” she told her friends at the time and often afterward.
When the train bearing John Martin’s bullet-torn body reached Morehead he was carried, still breathing, into the old Central Hotel where he died that night. In the meantime his distracted wife had sent for their children and her mother who was staying with the family on the farm on Christy Creek. An old darky who had long lived at the county seat mounted his half-blind mule and rode out along the lonely creek that cold winter night to carry the sad tidings to the Martin household. He also rode ahead of them on the journey back with the corpse of John Martin later that same night.
“Hesh!” Granny Trumbo warned the children huddled in the bed of the wagon as it rumbled along the creek bed road, “Hesh! no telling who’s hid in the bresh to kill us.” The children sobbed fearfully. Ben, the olderof the two small boys, sat dry-eyed. His small hands sought those of his father cold in death and still in irons. “Pa, they didn’t give you no chance,” he murmured bitterly. “You were helpless as a trapped deer. They didn’t give you no chance.”
It wasn’t a cry of revenge but of heartbreak, one that the mother and the other children would remember always. And Granny Trumbo, sitting bravely erect on the board seat of the wagon beside her widowed daughter, gripped the reins and urged the weary team onward along the frozen road, keeping close behind the silent horseman ahead.
In March of the following year another of the Martin side, Stewart Bumgartner, a deputy sheriff of Cook Humphrey, was shot from ambush as he rode along the road some six miles from Morehead.
A month later Taylor Young, county attorney of Rowan, was shot in the shoulder as he rode along another lonely road in the county. Though Young heartily disclaimed any connection with either side, he was accused by the Martins of being a well-wisher of the Tollivers. Again, as in the Bumgartner case, no arrests were made. However, when Ed Pierce was convicted some time later of highway robbery and jailed in Montgomery County, he confessed to waylaying Taylor Young but put the blame of the actual shooting on Ben Rayburn. Pierce said it was plotted by Sheriff Humphrey who assured him and Rayburn of all the whiskey they could drink and two dollars a day while they were watching for Young; when they had killed him they were to receive two hundred and fifty dollars.
After that, one Sunday morning, Craig Tolliver, who was town marshal of Morehead, accompanied by a halfdozen men, went to the home of old Ben Martin, father of John. Craig told Mrs. Martin that he had warrants for the arrest of Cook Humphrey and Ben Rayburn. At first she said the two were not there, that only her daughters, Sue, Annie, little Rena, and a married daughter, Mrs. Richmond Tussey, were in the house. It was a fact; her husband and her two sons, Will and Dave, whose lives had been threatened, had gone to Kansas.
The Tollivers, however, were not to be deceived. They had seen Cook Humphrey, carrying his gun, enter the Martin house the evening before. The house, a two-story frame with the old part of logs stood at the foot of a hill about thirty feet from the road. Tolliver’s band, including Mark Keeton, Jeff Bowling, Tom Allen Day, John and Boone Day, Mitch and Jim Oxley, and Bob Messer, were well armed. They demanded that Humphrey and Rayburn surrender, saying they had warrants for their arrest for the attempted assassination of Taylor Young. The two men asked to see the warrants and when the documents of arrest were not forthcoming they flatly refused to surrender. Then Craig Tolliver stationed his crew in the bushes all around the Martin house. Watching his chance he finally slipped inside and up the narrow stairway. Humphrey spied him, rushed forward and striking his gun discharged it in Craig’s face. Craig fell backward. Wiping the blood from forehead and cheeks he hurried out into the yard.
Sue Martin dashed past him headed toward town for help. But no sooner did she reach the county seat than she was arrested and put in jail. Craig and his crew were still surrounding the Martin house, and finally one of them called out that if Rayburn and Humphrey did not surrender they would burn the place down. It was knownthat Tom Allen Day was one of the best marksmen in the county, so Mrs. Martin, in an effort to help Rayburn and Humphrey escape, ran toward the barn where Day was ambushed. He had his gun uplifted and leveled at the fleeing men. Mrs. Martin struck the gun upward and the shots went wild. But the rest of the Tolliver crew poured lead toward the two men. Rayburn was slain but Humphrey escaped. Knowing he still held on to his Winchester the Tollivers feared to go into the brush after him.
The body of Rayburn lay all night where it fell. Friends feared to approach it. The next day, however, they piled fence rails about the corpse to keep hogs from destroying it.
At dusk that day the Tolliver crew set fire to the Martin house and burned it to the ground. The women escaped, seeking shelter under a tree. Mrs. Martin’s married daughter, Mrs. Tussey, was carried out with her young babe. Another of the Martin girls went to Morehead to see Sue, and she too was arrested and put in jail.
The militia was called out, arriving on the following day. The Martin girls were promptly released. Sue had revenge in her heart for the insult and humiliation of false arrest.
Later while the Tollivers were barricaded in a hotel down near the railroad tracks in Morehead a plump roast turkey was sent in for their dinner. They wondered whose generosity had prompted the act. But on sniffing the well-roasted fowl they began to suspect a trick. Upon examination it was found that the turkey contained enough arsenic to kill a dozen men. Sue Martin was suspected but nothing was done about it. There was not sufficient evidence to warrant arrest.
No sooner had the militia been removed from Moreheadthan the Tollivers set upon the Galt House where Cook Humphrey, Howard Logan, Mat Carey, and others were staying. There wasn’t a windowpane left in the place when they finished. The doors were splintered to smithereens. In the midst of the fusillade of bullets Cook Humphrey grabbed up a hymn book from the organ in the musty parlor, held it over his heart, and thereby saved his life. A bullet lodged in the thick leather cover of the book.
Things quieted down for some months and Craig Tolliver vowed he was through with the trouble. “I’m a quiet, peaceable man,” he went about saying, “and the citizens ought to encourage my good behavior by electing me police judge.” But when he set out canvassing for votes he carried a Winchester. The other candidates forthwith dropped out of the race, leaving Craig the only one on the ticket.
When Boone Logan stepped up to the voting booth Craig was close enough to hear what was said. The election officer told Boone who was running and the latter expressed himself in no uncertain terms. He said he’d rather vote for the worst man in the county than for Craig Tolliver.
Boone Logan was a well-educated, peaceable citizen and practiced law in Morehead.
Not long after Craig Tolliver was elected police judge he contrived to have two younger brothers of Boone Logan arrested on a charge of kukluxing. Marshal Manning and twelve men repaired to the Logan home two miles from Morehead. The father, Dr. Logan, prevailed upon his young sons to surrender and Tolliver agreed that the boys would be taken to town and given a fair trial. But they had walked scarcely ten feet from the house when theTolliver posse shot the boys to death and trampled the bullet-torn faces into the earth and rode on to town.
The motive behind the murder of the innocent Logan boys was that Craig Tolliver knew they would be chief witnesses for their father, who was charged by Tolliver with having conspired to kill Judge Cole. Craig decided that the best way out was to end the lives of Dr. Logan’s sons. No sooner had this been accomplished than Tolliver sent word to Boone Logan to get out of the county.
Boone got out of the county. He went to Frankfort to seek aid and counsel of the governor. But Governor Knott said that the state had done all it could for the relief of the citizens of Rowan County. Logan then turned to Hiram Pigman, who had had trouble with Craig Tolliver, and together they solicited the support of Sheriff Hogg in securing the aid of one hundred and fifty of the county’s best citizens in bringing the Tollivers to justice. As a means to that end Boone Logan went to Cincinnati where he purchased a supply of Winchester rifles.
Those who didn’t have a Winchester shouldered muskets, shotguns, and other firearms. Warrants of arrest against the Tollivers on charges of murder, arson, and various other crimes and misdemeanors were issued and the date set for the arrest of the men was June 22, 1887.
Early that morning before daybreak more than one hundred armed men in the posse were stationed in groups at seven different points outside of Morehead.
Craig Tolliver was apprehensive so he walked out of his saloon—he operated two at the time—and called his clan together at the American Hotel. There they lay in wait and presently one of the crew saw a man named Byron going down the street. They knew Byron to be a member of the posse. They fired on him and he took to his heelswith the Tollivers in pursuit. One of their number, Bud Tolliver, fell with a bullet in his knee. He crept off in the weeds for safety.
The Logan posse, in order to identify themselves and avoid their own bullets, were fighting bareheaded. The Tollivers seeing this threw away their hats which helped a couple of their number to escape. “The two Mannings never did stop running until they got entirely out of the state,” so the story went. So quickly did the posse increase they seemed fairly to spring out of the ground.
The Tollivers now retreated to the Central Hotel but they soon fled the place when the posse pelted the old hostelry with bullets.
Jay Tolliver was killed a short distance away, on the hill beyond Triplett Creek, and Craig was dropped by a bullet in the leg when he was crossing the railroad. The tracks separated the Cottage Hotel and the Central Hotel both of which were in sight of the Galt House, also known as the Carey House, where Floyd Tolliver had been killed by John Martin during the preceding December.
As marksmen the posse surpassed the Tollivers in this street battle for only one of their number was wounded and that was Bud Madden. He was shot by “Kate” Tolliver, a boy scarcely fourteen years old. Young “Kate,” or Cal, as he was sometimes called, was as fearless as a mountain lion. Never once did he run for shelter during the shooting. And when his uncle Craig lay dying of seventeen bullet wounds the boy went to him, removed his watch and pocketbook, then crawled away under the Central Hotel where he remained until darkness when he made his way to the woods.
The battle was waged for more than two hours. The posse was determined to clear the scene of Tollivers.
They found Bud unable to crawl out from his hiding place in the weeds. He asked no mercy, nor was mercy granted. A gun was placed close to Bud’s head. His brains were blown out. Another of the Tolliver clan, Hiram Cooper, thought to conceal himself in a wardrobe in Allie Young’s room in the Central Hotel. (Allie was the son of Taylor Young whose life had been attempted.) But Cooper, like Bud, was shown no mercy. He was dragged out into the middle of the floor to meet Bud’s fate.
The bodies of the Tollivers were gathered up, Jay’s from the hillside beyond Triplett Creek, Bud’s from the weeds where he had crawled to hide, Craig’s from where it lay near the railroad tracks, and that of their confederate, Hiram Cooper, from beside the wardrobe wherein he had tried to hide. The bullet-riddled bodies were washed and laid out in a row in the musty sitting room of the old American House. This last office for the dead was performed by members of the posse.
While the corpses still lay cold in the quiet sitting room, a short distance away in the courthouse there was a spirited gathering of stern and earnest men. Their leader, Boone Logan, whose young brothers had been brutally slain by the Tollivers, arose and addressed the crowd.
When the last word of his grave speech had been uttered the men silently drew up a resolution which read in part as follows:
“If anyone is arrested for this day’s work we will reassemble and punish to the death any man who offers the molestation.”
Coffins for the four bodies that lay in shrouds in the old hotel were brought from Lexington. The remains of the Tollivers, Craig, Jay, and Bud, were hauled to Elliott County for burial, while that of Hiram Cooper was removedby his friends to the family burying ground in the outskirts of Rowan County.
The death of these four men brought the total number slain in the Martin-Tolliver feud to twenty-one.
Tragedy stalked two of the crew who had been connected with the killing of John Martin while he sat handcuffed in the baggage coach: Jeff Bowling killed his father-in-law in Ohio and was hanged for the crime; Alvin killed the town marshal of Mt. Sterling, not many miles from Morehead, and was sent to the penitentiary for twenty-one years.
Although Craig Tolliver lived by the sword and died by it, there was no record to be found that he ever actually killed a man. Rather he was credited with plotting the deeds, molding the bullets for others to fire.
The life of Allie Young, the son of the prosecuting attorney, Taylor Young, whose life had been attempted, was saved because on the day of the street battle he was in Mt. Sterling in an adjoining county.
One old woman who witnessed the open battle that day on Railroad Street became raving insane. And Liza, Jay Tolliver’s wife, fled in dismay across the mountain never to return.
Marion, brother of Craig, had no hand whatever in the trouble. He lived his days in peace within sight of the county seat of Rowan tending his farm and looking after his household. If his kinfolk had heeded him there never would have been a Rowan County war which put a blot upon the community that took years to erase.