There is nothing in the records to indicate what was said by the

prisoners when they were heard in their defense. The decision

of the court was that the five prisoners “ought to be tried for

the murder of the said Thomas Langford before the Judges of the

District Court holden for the Danville District at the next April

Term, and it is ordered that they be remanded to jail.”

Thomas Todd, the prosecuting attorney, in the requirement of

the law, “acknowledged himself indebted” to the Governor of the

Commonwealth “in the sum of ten thousand pounds current money”

should he fail to appear before the judges on the first day of

the April term of the Danville District Court then and there to

prosecute the prisoners. The witnesses “acknowledged themselves

severally indebted ... to the sum of five hundred pounds current

money” should they fail to appear and give evidence on behalf of

the Commonwealth.«7»

On January 5 the five prisoners were taken by the sheriff and a

guard of seven men to Danville, there to await trial before the

District Court in April. The distance from Stanford to Danville

is about ten miles. Neither history nor tradition tells how this

cavalcade made the trip over the trail, whether afoot, on horses,

or in wagons, or by a combination of these means. The condition

then reached by the women may have necessitated the use of a

conveyance for them. This party of thirteen doubtless attracted

much attention along the road, for five prisoners, of whom three

were women, was a sight not often seen. The ten mile trip to

Danville made by the guards with the captured Harpes along this

historic highway, winding through an almost unbroken forest,

readily lends itself to anyone’s fancy.«8»

Evidently John Biegler, “Jailer of the District of Danville,” to

whom the prisoners were delivered and who had them in his custody

several months, felt there was some likelihood of his charges

escaping. His account against the state shows that on January 20,

1799, he bought “Two horse locks to chain the men’s feet to the

ground, 12s. and 1 bolt, 3s.” It seems to have become necessary

to fasten the front door more firmly, for, on February 13, he

purchased “one lock for front jail door, 18s.” Two weeks later he

bought three pounds of nails for 6s. “for the use of the jail.”

The expense items further show that four men, two at a time, were

employed to guard the prisoners.

But with all these precautions, the two Harpes escaped on March

16, leaving their three women and two new-born infants behind.

There is nothing in the court records indicating how they escaped.

The jailer’s expense account merely shows an item dated March

19: “Mending the wall in jail where the prisoners escaped, 12s.”

Breazeale, forty years later, wrote--but cites no authority for

his statement: “the jailer, soon after their escape, resigned his

office, left the jail, bought a farm and settled himself in the

country where he very shortly became wealthy--no one ever knew with

certainty by what means, but the general suspicion was that he had

acquired his wealth by receiving a large bribe from the Harpes to

permit them to escape.”

How they escaped was doubtless a subject of much conjecture and

discussion. Colonel Daniel Trabue in his _Autobiography_ says

that the two men “took two guns from the guard at Danville.”

Whether or not the guard or guards were present and resisted the

prisoners when they took the two guns is not stated. Judge James

Hall, continuing his brief account of the Langford murder, quoted

a few pages back, gives no details, but simply ends with the

statement: “They were taken to Stanford where they were examined

and committed by an enquiring court, sent to Danville for safe

keeping, and probably for trial. Previous to the time of trial they

made their escape.”

Nor do the records contain any hint as to how the two men passed

the time of their imprisonment. Lyman C. Draper, in his “Sketch

of the Harpes,” says that shortly before his escape Big Harpe,

contending it would answer the ends of justice as well, proposed to

whip at fisticuffs the two best fighters in Kentucky, provided he

be set free if he succeeded in whipping the men, and should he fail

he would abide by the decision of the court.

The trial of the three women was set for April 15. But during the

hundred days they were immured in the log jail there was happening

to them the immortal trial that comes to their sex under all

conditions. Yoked as they were irregularly, pursuing as they had

the lives of the hunted and outcast, they had to bear, in the

rigors of winter, in abandonment and in prison charged with murder,

the burdens of motherhood--and to such fathers! These items from

the jailer’s accounts of his expenditures on their behalf tell a

story with which imagination is free to work:

“February 8, ¼ lb. Hyson tea, 3s. 9d., 1 lb. sugar, 1s. 6d. for

Betsey Walker she being brought to bed by a son the preceding

night, 5s. 3d.--February 10, ¼ lb. ginger, 1s. 1d., 1 lb. sugar,

1s. 6d., for ditto, and paid cash to the wife and other assistance

21s. £1. 3s. 7d.”--total £1. 8s. 10d.

“March 7, ⅛ lb. tea, 1s. 10d., 1 lb. sugar, 1s. 6d., for the use of

Susanna Harpe brought to bed by a daughter the preceding night, 3s.

4d. Paid cash midwife for ditto, 18s.”--total £1. 1s. 4d.

“April 9, ¼ lb. tea, 3s. 9d., 1 lb. sugar, 1s. 6d., 1 quart

whiskey, 1s. 6d. for the use of Sally Harp brought to bed the

preceding night by a daughter.”--total 6s. 9d.

It will be noted that when the third child was born a week before

the time set for trial--the second was about a month old and the

other two months old.

Such was the state of affairs when, on Monday, April 15, 1799, the

clerk turned to page 314 of the Danville District Court Order Book

and there began his record of the trial of the three women indicted

for the murder of Thomas Langford. The court was presided over by

Judge James G. Hunter and by Judge Samuel McDowell, who served in

the absence of Judge Stephen Ormsby. “Susanna Roberts, spinster

of Lincoln County was set to the bar in custody of the jailer,”

so runs the record, and pleaded “not guilty;” but “for reasons

appearing to the court” her trial was postponed until the third day

of the term. “Elizabeth Walker” and “Sally Roberts” were not called

on to appear personally that day before the judges, but their cases

were postponed until the 18th.

On the 17th “Susanna Roberts” again appeared in court. A jury of

twelve men was sworn, which, after hearing the same evidence given

in Stanford, presented in the form of written affidavits, declared

her “guilty.”

On the 18th another jury was sworn and “Elizabeth Walker, spinster

of Lincoln County,” was tried on the same evidence presented

against “Susanna Roberts,” but found “not guilty.” The court

proceedings of that afternoon show that the judge “saith he will

not further prosecute the said Sally Roberts (spinster of Lincoln

County) ... and therefore it is considered by the court that she be

acquitted.”

Thus, with the same evidence against each woman, one was found

“guilty,” and one “not guilty” and one was “acquitted.”

On the 19th Susanna, who had been found guilty, appealed for a new

trial and it was granted. The Attorney General, however, concluded

not to prosecute her, and, at his suggestion, the clerk was ordered

to record “certain of the reasons which moved him to enter into

_nolle prosequi_ in this case ... to-wit: Upon considering the

circumstances attending the case of Susanna Roberts and although

she has been found guilty of the charge in the indictment contained

by a verdict of her peers, yet as Eliza Walker has been tried on

the same indictment, on which trial the said Eliza was found not

guilty and the same proof produced against her as was produced

against the said Susanna, and in consequence also of the Court

having granted a new trial and from the probability [of the

evidence] which would be produced on the trial of the said Susanna

at the next term by the two other women, in the same indictment

contained, who are acquitted and discharged, operating in favor

of the prisoner, and also by the advice of the prosecutor and of

the Court, and also to save to the Commonwealth the expenses which

attend her long detention and further prosecution, I have been

induced to direct the Clerk to enter a _nolle prosequi_ as to the

said Susanna Roberts.”«9»

The Harpes--Renewal of the Terror

What had happened to the Harpes and their women was a natural

outcome of the frontier outlook upon life. The three mothers

had gained the sympathy of the court and the community in their

apparent distress and helplessness. It was believed that they

had obtained a happy release from their barbarous masters. It is

probable that many of the persons who now helped in the hunt for

the escaped Harpes did so not because they were highway murderers

and should therefore be shot or hanged, but because they deserved

particular punishment for their brutal conduct toward the young

women. At any rate the settlements were united in the pursuit of

the two men, who had so curiously escaped.

The acquitted women declared that, above all things, they

desired to return to Knoxville and there start life over again.

A collection of clothes and money was made among the citizens

of Danville and an old mare was given to help them on their

way to Tennessee. The three women, each with a bundle over her

shoulder and a child under her arm, and the old mare loaded down

with clothes and bedding, left the jail one morning on what was

considered no easy journey even when undertaken with good horses

and the best of equipment. They walked down the street in Indian

file, led by the jailer, who accompanied them to the edge of town

to point out the road that led through Crab Orchard to Tennessee.

These forlorn and dejected travelers, however, had covered less

than thirty miles when they changed their course and went down

along the banks of Green River. A few days later they traded their

horse for a canoe and then went down the stream and were soon lost

sight of by the spies who attempted to watch them. [12F]

The brutal killing of Langford had stirred the country for almost

two months, and now that the murderers had escaped and the gnawed

bones of the two Marylanders were found, with all evidence pointing

to the Harpes as the perpetrators of this terrible murder, the

citizens became even more enraged. They were aroused to the

realization that the villains must be captured and disposed of at

once. The case required prompt action and any and all methods that

might bring about the extermination of the Harpes were endorsed.

On March 28, 1799, _The Kentucky Gazette_ published the following

paragraph: “The criminals in the Danville district jail for the

murder of Mr. Langford, (as mentioned in our paper of the 2nd

of January last) have made their escape. By an order from W. E.

Strong, Esq., a justice of the peace for Mercer County, all

sheriffs and constables are commanded to take and re-commit them.”

An entry in the Danville District Court Order Book, page 370,

under date of April 22, 1799, reads: “It is ordered that the

Commonwealth’s writ of capias issue from the clerk’s office of

this Court to the Sheriff of Lincoln County commanding him to take

Micajah Roberts and Wiley Roberts who have lately broken the jail

of this District and are now running at large and them, the said

Micajah Roberts and Wiley Roberts, safely to keep so that he have

their bodies before the Judges of the District Court holden for the

Danville District on the first day of their August Term, to answer

for the felony and murder of a certain Thomas Langford whereof they

stand indicted.”

Lynching parties had been organized since the middle of March and

in the meantime a committee was sent to James Garrard, Governor of

Kentucky, presenting to him the necessity of capturing the outlaws.

A memorandum on this subject in the Executive Journal, entered

in the month of April, states that “the governor authorized Josh

Ballenger to pursue them into the state of Tennessee and other

states, and to apply to the executive authorities of such states to

deliver them up.”

Ballenger and his men began their chase before they received

official notice of the governor’s action, and were soon on the

trail. Near the headwaters of Rolling Fork, a branch of Salt River,

they suddenly found themselves face to face with the Harpes, who,

although surprised, were prepared to shoot. The pursuers retreated

in confusion and the Harpes, taking advantage of the situation,

made their escape. Henry Scaggs, one of the party, suggested that

the crowd go to his farm and, with the aid of his dogs, continue

the chase. Scaggs was one of the “Long Hunters” who came to

Kentucky in 1770 with Colonel James Knox and a pioneer who had ever

since been looked upon as “a valiant man in battle and a great

hunter.” Urged by him they resumed the pursuit and continued it

until late that night, when most of the men, becoming discouraged,

left the party because the trail of the Harpes led them through

very thick and almost impenetrable cane.

A few men, led by Ballenger, continued the search, but in a section

where the heavy cane was no impediment. Scaggs, believing the

canebrake should be penetrated, went to a “log rolling” a few

miles north of the home of Colonel Daniel Trabue, and there, with

the aid of Major James Blain, tried to organize another party.

But the men declared that the cane was too thick and the chances

of capture too slight to justify the risk, and the “log rolling”

went on. Scaggs then--on or about April 10--rode to the farm of

Colonel Daniel Trabue, a Revolutionary soldier and one of the most

prominent and altruistic of Kentucky pioneers, who lived about

three miles west of what is now Columbia, Adair County.

While Scaggs was discussing his plans with Colonel Trabue, the

Colonel was patiently awaiting the return of his son, John Trabue,

a lad of thirteen, who had been sent to one of the neighbors to

borrow some flour and seed beans. The boy was accompanied by a

small dog, and, in the midst of the discussion, the dog walked into

the yard badly wounded. [12E] An investigation was immediately

made. The neighbor reported that the boy had left the house a few

hours before with the flour and beans. All efforts made that night

to find him were futile. They began to suspect that he might have

been kidnapped by the Harpes. The search continued for many days,

but all in vain. Evidence of the Harpes was discovered by George

Spears and five other men about fifteen miles southwest of the

Trabue farm, near the East Fork of Barren River, where the outlaws

had killed a calf and made moccasins out of the skin, leaving their

old moccasins behind. The footprints indicated the presence of two

men, but there were no signs to show that a boy was with them. [63]

Little did the pursuers realize what had actually happened. The

innocent lad, walking home over an old buffalo trace, had met the

Harpes as they were crossing it. There they killed the little

fellow, cut his body to pieces, and threw it into a sinkhole near

the path, where it remained hidden about two weeks and was then

discovered by accident. The murderers had taken the flour but not

the seed beans.

Colonel Trabue, in his autobiography or journal, written some

twenty-five years after this tragedy, deplores the fact that the

log rollers did not continue the pursuit: “It is a pity they did

not go, for then John Trabue might not have been killed.” He adds

that these men ever after “reflected very much on themselves for

their negligence, and said this ought to be a warning to others

hereafter to always do their duty.”

In pioneer times the execution of the law by officials was in

many instances an unavoidably slow process, and it therefore

frequently became necessary for the law abiding citizens to

organize themselves into bands and, by any method the emergency

might demand, establish order and safety. No matter how achieved,

preserving peace and fighting danger was looked upon by good

citizens as the imperative duty of all. Had the then slow-acting

laws been relied upon, the sly and quick-traveling Harpes probably

would not have been captured for years, and their victims might

have been numbered by the hundreds. On the other hand, as suggested

by Colonel Trabue, it is possible that had the men who were called

upon by Scaggs done what was in those days considered a duty,

Langford might have been the last victim of the Harpes and their

career ended.

A report that mad dogs were running through the country and were

likely to spring from behind any bush or tree at any time could

not have alarmed the people more than did the realization that the

Harpes had escaped from jail and were killing all who chanced to

be in their path. On April 22, the Governor of Kentucky was again

appealed to for help, and he immediately signed a proclamation

which was published in the Frankfort _Palladium_ on May 2 and May

9, 1799:

“BY THE GOVERNOR, A PROCLAMATION.

“Whereas it has been represented to me that MICAJAH HARP, alias

ROBERTS, and WILEY HARP alias ROBERTS, who were confined in

the jail of the Danville district under a charge of murder,

did on the 16th day of March last, break out of the said

jail;--and whereas the ordinary methods of pursuit have been

found ineffectual for apprehending and restoring to confinement

the said fugitives, I have judged it necessary to the safety

and welfare of the community and to the maintenance of justice,

to issue this my proclamation and do hereby offer and promise

a reward of THREE HUNDRED DOLLARS to any person who shall

apprehend and deliver into the custody of the jailer of the

Danville district the said MICAJAH HARP alias ROBERTS and a

like reward of THREE HUNDRED DOLLARS for apprehending and

delivering as aforesaid the said WILEY HARP alias ROBERTS, to

be paid out of the public treasury agreeably to law.

“In testimony whereof I have hereunto set my hand and have

caused the seal of the Commonwealth to be affixed.

“Done at Frankfort on the 22nd day of April in the year of our

Lord 1799, and of the Commonwealth the seventh.

“(L. S.)

“By the Governor JAMES GARRARD

“Harry Toulmin, Secretary.

“MICAJAH HARP alias ROBERTS is about six feet high--of a

robust make, and is about 30 or 32 years of age. He has an

ill-looking, downcast countenance, and his hair is black and

short, but comes very much down his forehead. He is built

very straight and is full fleshed in the face. When he went

away he had on a striped nankeen coat, dark blue woolen

stockings,--leggins of drab cloth and trousers of the same as

the coat.

“WILEY HARP alias ROBERTS is very meagre in his face, has

short black hair but not quite so curly as his brother’s;

he looks older, though really younger, and has likewise a

downcast countenance. He had on a coat of the same stuff as his

brother’s, and had a drab surtout coat over the close-bodied

one. His stockings were dark blue woolen ones, and his leggins

of drab cloth.”

Before this proclamation by the Governor had time to circulate

throughout the state, report reached the people that the Harpes

had killed a man named Dooley, near what is now Edmonton, Metcalfe

County, [28] and had butchered another named Stump, who lived on

Barren River about eight miles below Bowling Green. [12D]

Stump was fishing, and seeing smoke rising on the opposite side

of the river, a little distance from the bank, presumed some new

arrivals were preparing to settle. He stepped into his cabin and

got his violin, and then crossed the stream to greet the newcomers.

He was clad in his shirt and trousers, without hat or shoes, but he

probably felt that what he lacked in wearing apparel would be more

than counterbalanced by the hearty welcome to the Wilderness he was

prepared to give his new neighbors. So, in this scant attire, and

with a turkey over his shoulder, a string of fish in one hand and

his fiddle under his arm, he entered their camp. He probably never

realized that his good intentions had led him into the hands of the

Harpes. They stabbed him, cut open his body, filled it with stones

and threw it into the river. [12F] Some of Stump’s neighbors, says

_The Kentucky Gazette_, were suspected of having committed the

murder and were taken into custody, but an investigation proved

their innocence and also proved beyond all doubt that the Harpes

were the perpetrators of the crime.

The criminals continued their raid down Barren River into the lower

Green River country to a point near Henderson, Kentucky, and then,

either by land or water, rapidly worked their way to Diamond Island

in the Ohio and to Cave-in-Rock, in or near any of which places

they evidently had arranged to meet their women.

How many men, women, and children these two brothers killed

and what course they followed while rushing through the lower

Green River country and the Ohio Valley between Henderson and

Cave-in-Rock will never be known. Shortly before reaching the Cave,

they committed a murder in Illinois at the mouth of Saline River,

about twelve miles above Cave-in-Rock. Twenty-six years later this

incident was briefly summed up in the _Illinois Gazette_, published

at Shawneetown: “There are persons living in this country whom we

have heard recount the story of the Harpes with great minuteness,

and the place is still pointed out, on the plantation of Mr. Potts,

near the mouth of the Saline River, where they shot two or three

persons in cold blood by the fire where they had encamped.” [56]

The many reports--some false and others only too true--of the

inhuman acts committed by the Harpes had, in the meantime, put

every community on its guard. Captain Ballenger, after pursuing

the outlaws a few weeks, found that, owing to the many conflicting

rumors, he had been thrown off the trail and was moving in a

direction opposite the one taken by the Harpes and, therefore, he

gave up the chase.

Captain Young, of Mercer County, in the meantime organized a

company with the determination to exterminate the Harpes and

all other outlaws, or at least drive them out of the country.

Commenting on Captain Young’s expedition, Edmund L. Starling,

author of _A History of Henderson County, Kentucky_, writes:

“Captain Young and his men recognized the perils of their

undertaking; they understood the wily machinations of the enemy,

and, with blood for blood emblazoned upon their banner, started

upon their mission of capture or death, utterly regardless of their

own personal comforts or the hardships attending a campaign in such

a wild and comparatively unmarked country.”

Having met with success in Mercer, Captain Young and his men

continued their pursuit and finally reached Henderson County. There

they were joined by a number of citizens. The combined forces

swept over the entire country, including Diamond Island, driving

the outlaws out of that part of Kentucky across the Ohio River

into Illinois. A number of the criminals fled to Cave-in-Rock. The

character of the men who usually centered at the Cave was well

known to the refugees, for many of them had helped to make the

place notorious.

Captain Young and his outlaw exterminators having covered the

territory they set out to relieve, left Henderson County and

returned to Mercer County--a distance of more than one hundred and

fifty miles--and were there given a grand ovation. [124]

Governor Garrard, however, must have felt somewhat apprehensive

regarding the return of the Harpes, for the Executive Journal shows

that on June 7 he “deputed Alexander McFarland and brothers” to

take charge of “these inveterate enemies of human happiness” should

they be found “in any adjacent state.”

The Outlaws of Cave-in-Rock Historical Accounts of the Famous Highwaymen and River Pirates · 第 4 / 23 段