Frankfort, Ky., January 30th, 1888.
His Excellency, E. W. Wilson,
Governor of West Virginia.
On the tenth day of September last, in the discharge of what I
conceived to be my duty as Governor of this Commonwealth, I issued
a requisition upon your Excellency for the rendition of Anderson
Hatfield and others, charged by indictment with wilful murder
committed in Pike County, Kentucky, on the 9th day of August, 1882.
On the 30th of September, 1887, said requisition was returned to
me with a letter from your Excellency, calling my attention to
a law of West Virginia, a copy of which you were kind enough to
enclose, and which you seemed to think prevented a compliance on
your part with my demand, until it should be accompanied by the
affidavit indicated in the law above referred to. Without then
stopping to discuss the correctness of your construction of the law
in question, or its validity, even conceding your construction to
be correct, the desired affidavit having been obtained was attached
to said requisition, which was again enclosed to your Excellency on
the 13th of October, 1887.
Having thus complied with every condition which your Excellency has
indicated that should be necessary, I had every reason to suppose
that steps had been taken for the rendition of the fugitives named,
and I knew nothing to the contrary, until early in the present
month, when I was advised by the authorities of Pike County that
your Excellency had, for some cause, declined up to that time,
to issue your warrant for the arrest and delivery of the parties
referred to, and that, in addition to the crime for which they
stood indicted, they had recently perpetrated other crimes of the
most atrocious character in the same locality.
Accordingly, on the 9th inst., I wrote your Excellency, advising
you of the information which I had received, and requesting to
be advised whether there was then anything which prevented the
rendition of the criminals. In response to this letter I received,
only a few days since, your letter of January 21st (1888) in which
you did me the honor to state your reasons for not complying
with my request, and in which, among other things, you say: "and
although the application for the requisition does not appear to be
made or supported by any official authority of Pike County, etc."
I confess myself at a loss to understand how your Excellency
_could possibly know anything whatever about the character of the
application made to me for a requisition in this case_. I did _not_
attach it to the requisition enclosed to your Excellency, for the
obvious reason that the law governing the extradition of fugitives
_nowhere requires it_, or in any way intimates _that it would even
be proper to do so_. On the contrary, it seems to contemplate, the
papers being correct in other respects, that the Executive making
the demand, must be the sole Judge of the circumstances under which
it would be proper for him to issue his requisition. I, therefore,
had no reason to suppose that your Excellency would feel it your
duty to inquire into this point, especially as you had in your
first letter, returning the requisition, given no such intimation.
But if your Excellency desires to be advised as to that branch
of the case, I certainly have no objections to telling you that
the application for the requisition and rewards in this case was
made by the County Judge of Pike County, indorsed by the Judge of
the District Court, and urged by the Commonwealth's Attorney of
the district, who was personally present when the application was
presented.
In referring to Elias Hatfield and Andrew Varney, your Excellency
is pleased to say: "The many affidavits of reliable persons
showing that these two men were miles away at the time of the
killing of the McCoys induced me to withhold, for the present, the
warrant as to them, believing that when your Excellency was made
acquainted with the facts their rendition would not be demanded."
The indictment accompanying the requisition charges that these
two men were present and aided in the killing; this being so, _I
respectfully submit that the guilt or innocence of these men is
a question which it is not the province of your Excellency or
myself to decide_, but one which the court, having jurisdiction
of the case can alone rightfully determine. And if, as you seem
to suppose, the innocence of these two men can be so easily
established, it would seem strange that they have not long before
this voluntarily appeared in the court where they stand accused,
and which is so convenient to their homes, and in which they might,
if such be the case, be triumphantly vindicated against this grave
charge.
From my knowledge of the enlightened and upright Judge of the court
in which they stand charged, I feel assured that they would be
awarded a speedy and fair trial; but if they think otherwise, and
have fears, either as to the impartiality of the Judge, or as to
the prejudice of the community in whose midst they are to be tried,
they can, under our laws, not only swear off the Judge, but can, on
proper showing, easily obtain a change of venue to another county
in which no prejudice whatever exists. Under these circumstances,
your Excellency can readily see that they would, in any event, have
no difficulty whatever in obtaining a fair and impartial trial.
Before receiving your letter I had been fully apprised of the
efforts on the part of P. A. Kline to secure a withdrawal of the
requisition and rewards in this case; in fact, the cool proposition
made to me by the indicted parties through their attorney, to the
effect that they would obligate themselves not to come again into
Kentucky, provided I would withdraw the requisitions and rewards
named, was endorsed by Mr. Kline, who had previously shown an
active interest in their apprehension. But this proposition, I,
of course, declined to entertain, much less to agree to; and even
admitting the truth of the affidavit enclosed by your Excellency,
which charges in terms that the friends of the indicted parties
succeeded in bribing Kline, their former enemy, to urge the
acceptance of their proposition, I cannot see why this should
cause your Excellency to hesitate about issuing your warrant for
the rendition of these parties to the proper authorities, upon
whose application the requisition was issued, and whose conduct is
not even questioned. Indeed, it seems to me that the questionable
means which the friends of the indicted parties have been employing
to secure a withdrawal of the requisition and rewards of this
case ought, of itself, to induce your Excellency to regard with
suspicion the efforts which they seem to be making to prevent the
issuing of your warrant for their apprehension and delivery.
My information as to the history of these troubles, briefly stated,
are as follows: On the 9th day of August, 1882, Anderson Hatfield
and twenty-two other desperate characters of Logan County, West
Virginia, residing near the State line, crossed the river into
Pike County, Kentucky, arrested three sons of Randolph McCoy,
and having tied them to trees, deliberately shot them to death.
It was for this cruel and inhuman murder that the parties named
in my requisition were indicted in the Pike Circuit Court, three
separate indictments having been found against the parties named
for the murder of the three McCoy brothers, respectively; though
it is possible that only one of these indictments was attached to
the requisition issued upon your Excellency on the 10th day of
September last.
So far from "no move having been made in this matter for more than
five years after the finding of the indictments," as stated by your
Excellency, the fact is, that bench warrants have been all the
while in the hands of the officers of Pike County, in the hope that
these parties, who lived near the State line, and were frequently
seen in Kentucky, could be arrested by the authorities of the
State without the necessity of applying for a requisition upon the
Governor of West Virginia; and my predecessor at one time offered a
reward for those who were supposed to be most responsible for the
murder. But the indicted parties, knowing the efforts which were
being made for their arrest, though frequently seen in Kentucky,
always came in crowds, well armed, so that it was impossible to
arrest them before they could return to the West Virginia side of
the river. They have, on several occasions, while in Kentucky,
_unmercifully whipped defenseless women_ and inoffensive men, whose
only provocation was some alleged remark in disapproval of their
lawless conduct.
The names of the various persons, who, at different times, have
been thus brutally assailed, and the circumstances connected
therewith, have been furnished me, but it is not deemed necessary
here to mention them in detail.
Finally, on the 10th day of September last, upon the application
of the local authorities, as heretofore indicated, I issued my
requisition for all the persons named in the indictment for the
murder of the McCoy brothers, and offered suitable rewards for four
of the number, represented as being the leaders of the party and
most responsible for their conduct.
Thus matters stood until the latter part of December (1887),
when Frank Phillips, named as agent in the requisition for these
parties, having sent the required fee, and being unable to hear
anything from your Excellency, went into West Virginia in company
with two others, and without any disturbance or conflict of any
kind, succeeded in capturing Tom Chambers, Selkirk McCoy and Moses
Christian, three of the persons named in the indictment for the
murder of the McCoy brothers, who were brought to Kentucky and
lodged in the jail of Pike County. This so incensed the Hatfield
party that on the night of January 1st (1888) a company of twelve
men, headed by Cap Hatfield and James Vance, Sr., came from West
Virginia into Pike County (Kentucky) and having surrounded the
house of Randolph McCoy, the father of the three McCoy brothers,
who had been murdered in 1882, commanded him to surrender, saying
they were the Hatfield crowd. They then forced their way into a
room where the daughters were sleeping, shot one of them through
the heart, and set fire to the house. The old man and his son,
Calvin, seeing that they intended to kill them, made the best
defense they could, but the flames soon drove them from the house.
The son, in his efforts to escape, was riddled with bullets, and
the old man, who ran in an opposite direction, was fired upon by
several of the party, but escaped unhurt. His wife, had, in the
meantime, come out of the house and begged for mercy, but was
struck on the head and side with a gun, breaking her ribs and
knocking her senseless to the ground, after which she was thrown
back into the house to be burnt, but was dragged out by her
daughters as they left the burning building. Some days thereafter,
twenty-six men armed themselves and went into West Virginia in
pursuit of the perpetrators of this atrocious crime, and on
reaching the house of Anderson Hatfield, so far from abusing or
mistreating his wife, as has been represented to your Excellency,
they treated her kindly, and at her request left some of their
party there with her to quiet her fears; but after leaving there in
search of the men, they were fired upon by James Vance, Sr., Cap
Hatfield and others, and in the fight which followed, James Vance,
Sr., was killed, having on his person when killed two pistols and
a repeating rifle. Old Randolph McCoy was not with this raiding
party, as has been represented to your Excellency, but was at that
time in Pikeville, Kentucky, as the citizens of that place will all
testify.
The pursuing party then returned to Kentucky, and being reinforced
by ten additional men, went the next day and succeeded, without the
firing of a gun, in capturing six more of the men indicted for
the murder of the McCoy brothers, in 1882, bringing them back to
Kentucky, where they were lodged in the jail of Pike County.
Eight or ten days thereafter, Frank Phillips and eighteen others
went again into West Virginia in pursuit of the remaining parties,
belonging to what is known as the Hatfield crowd, and only a short
distance from the State line were met by Cap Hatfield, Anderson
Hatfield and ten armed men, who fired upon Phillips and his posse
from ambush before they were aware of their presence. Phillips and
his party returned the fire, killing Dempsey and putting others
to flight. Phillips and his party then returned to the Kentucky
side, but went back on the following day, and as to what has since
occurred I have no information.
The foregoing account, which differs so widely from that received
by you, was obtained from the County Attorney of Pike County, who
claims to have taken great pains to ascertain the real facts,
and who seems to have no doubt about its correctness; but I, of
course, understand how difficult it is to arrive at exact facts
in an affair of this kind from the statements which he may have
heard from the parties on either side. I regret exceedingly that
any portion of the citizens of Pike County should have attempted,
under any circumstances, to arrest citizens of West Virginia for
crimes committed in the State without first obtaining the requisite
authority therefor. I am satisfied that Frank Phillips, the agent
appointed by me to receive the fugitives named in my requisition,
is not the murderous outlaw your Excellency seems to suppose;
but as he has undertaken to arrest some of the parties in West
Virginia, without your warrant, and is, therefore, objectionable
to you, I will, when your Excellency indicates your readiness
to surrender the persons demanded, take pleasure in designating
another agent for that purpose.
Your obedient servant,
S. B. BUCKNER.
Governor Wilson still refused to honor Kentucky's requisition for the
indicted outlaws, asserting that the requisition of Governor Buckner
had been and was being abused and prostituted for base purposes; that
a warrant issued by the Governor of West Virginia would be used for
the same purpose. He would withhold the warrants for more positive
proof, maintaining that a warrant issued by him before the return to
the State of West Virginia of the persons kidnapped in his State and
thrown into prison in Kentucky, would be construed as a ratification of
acts of lawlessness on the part of Kentucky officers, which neither the
peace nor the safety of his people could permit or approve of. "Instead
of the Phillips raid into the territory of a sister State being
allowed to stand as examples for the invitation of like occurrences,
I am impressed with the belief that they should be made examples of
judicial determination, which would discourage their repetition either
to or from this State." Governor Wilson further announced that he had
instituted proceedings in the United States Circuit Court for the
District of Kentucky for a settlement of the questions involved.
Comment on this attitude of West Virginia's chief executive is
unnecessary. Yet we feel that a few paragraphs of Governor Buckner's
response are in place.
"Your Excellency," answered Governor Buckner (in part), "seems to
have forgotten that, long before any of the Phillips raids referred
to had occurred, a band of armed men from West Virginia came into
Pike County, Kentucky, violently seized three citizens of the State
who were at the time in custody of the local authorities of that
county, forcibly took them to West Virginia, and after detaining
them there for some time, brought them back to this State and
deliberately shot them to death; that, as early as the tenth of
September last, I demanded the rendition of the persons who then
stood indicted in the courts of this State for the perpetration
of this atrocious crime; and that it was not until _after_ your
Excellency had refused to surrender any of the persons so demanded,
and until _after_ said persons, or a portion of them, had committed
other crimes of the most cruel and revolting character, upon
unoffending men and helpless women in this State, that Frank
Phillips and other citizens of Pike County, were guilty of the acts
of violence and bloodshed complained of.
"If Frank Phillips and other citizens of this State have been
guilty of crimes against the laws of West Virginia, however great
their provocation, I quite agree with your Excellency that 'they
should be made examples of judicial determination' and up to this
time there has certainly been no refusal, upon a proper demand,
to surrender them to the authorities of West Virginia for that
purpose. On the other hand, however, your Excellency has, for
months past, steadily failed and refused to surrender any of the
persons who stand charged, by indictment, with the perpetration of
the most atrocious crimes against the laws of this Commonwealth,
although the demand for them is accompanied by every requirement
which your Excellency has indicated that you thought necessary. And
you now indicate that you will not in the future surrender any of
the persons thus demanded until certain citizens of West Virginia,
who you think, are illegally detained in this State, shall be
released from custody and set at liberty.
"With all due respect I fail to see that the 'honor' of your State
will be maintained, or that the 'peace and safety of its people'
will be preserved, by a refusal on your part to surrender persons
charged with the most flagitious crimes against the laws of this
State, simply because certain citizens of this State, acting on
their own motion, and without the knowledge or approval of the
authorities of this State, have, in a violent and unauthorized
way, _done that which it was the duty of your Excellency to have
done_ in the manner required by law; or because I have not felt
authorized to interfere with the administration of justice by one
of the coordinate branches of State Government, by attempting to
release prisoners over whom I had no control whatever. On the
contrary, I respectfully submit that the honor of both States can
be better maintained, and the peace and safety of their respective
citizens can be better preserved, by a prompt rendition of the
persons charged with the perpetration of crime in either State, in
all cases where such rendition is demanded in the manner prescribed
by law" etc.,
For complete correspondence and exhibits filed therewith, see
Documents (Ky.) 1888, No. 1.
Immediately upon the institution of proceedings in the United States
Circuit Court for the District of Kentucky, the prisoners captured by
Phillips and his men were removed to the Louisville jail pending trial.
A great legal battle followed. Kentucky was ably represented by General
P. Watt Hardin and former Governor Proctor Knott. The best counsel of
West Virginia represented the interests of that State.
Phillips was charged with kidnapping citizens of another State and
was taken in charge by the United States marshal. Phillips, on the
stand, assumed personal responsibility for all his acts, and exonerated
Governor Buckner from any connivance therewith.
The case was argued at length for days. Judge Barr, who presided,
decided, in an exhaustive opinion, that the Court had not jurisdiction.
The prisoners were therefore returned to the Pike Circuit Court to be
tried there for their crimes.
As a matter of retaliation Phillips was indicted in West Virginia with
kidnapping citizens of that State without warrant or authority of law.
After a long continued legal battle the redoubtable raider, the captor
of as dangerous and desperate a lot of men as ever trod American soil,
won his fight in the courts as he had won the many battles with the
outlaws.
For years afterwards Phillips traveled in West Virginia wherever he
desired. Although the Hatfields did their "trading" at Matewan, W. Va.,
he visited that town frequently and alone, though always well armed.
None ever molested him. It is significant, however, that the Hatfields
and Phillips were never seen in that town on the same day.
For some time no further arrests were made or attempted to be made
with the result that those of the Hatfield clan who had never been
arrested, again issued forth from their hiding-places and appeared
more boldly. Kentucky officers had long and patiently waited for an
opportunity to apprehend Bill Tom Hatfield, for whom there was a
large reward. Learning that his partners in crime, Devil Anse and
Cap Hatfield, remained at home unmolested, he, too, had returned to
the scene of his evil deeds. The officers kept a sharp eye upon him,
however, and succeeded in decoying him near the Kentucky line, the
scheme being accomplished through a pretended friend of Bill Tom
Hatfield. When he reached the spot designated, he was surrounded and
disarmed. The officers attempted to cross into Kentucky. But before
they could do so, the news of the capture had spread into the Hatfield
neighborhood. A strong force rushed to the rescue of the prisoner.
Sheriff Keadle of Mingo County, W. Va., being near, summoned a posse
and started in pursuit. He prevented a bloody encounter by prevailing
upon the Kentuckians to release their prisoner. The Hatfields, of
course, accused the McCoys of being at the bottom of this affair, which
the latter stoutly denied.
Bill Tom Hatfield was, however, later in the year, again taken and
finally convicted for his participation in the murder of the three
McCoy brothers.
After the return of the prisoners from Louisville to Pike County a
number of the parties were put on trial. Ellison Mounts was sentenced
to hang for participation in the murder of Allifair McCoy during
that infamous night attack, while Johns Hatfield, Valentine (Val)
Hatfield, the "Justice of the Peace of West Virginia," Plyant Mayhorn,
and others, were convicted to the State penitentiary at Frankfort,
Kentucky, for life.
Val Hatfield set up the remarkable defense that the brothers were
killed on the Kentucky side, and that at the time of the _shooting he_
was on the West Virginia side. This was the gist of his appeal to the
Court of Appeals of Kentucky. This Court, however, in a very pithy
opinion, among other things said, confirming the judgment of the lower
court:--
It is not pretended here that the State could enforce its laws
beyond the State boundary, but it is well settled that if either
of the appellants had stood on the West Virginia side and shot
the deceased in Kentucky, the offense would have been against the
laws of Kentucky. (I Bishop on Criminal Law, III.) Regarding the
appellants Mayhorn the Court expressed itself in emphatic language,
when it said:
"The law has been enforced in this case, and in its administration
the appellants (defendants in the lower court) can truly say to the
jury that in inflicting punishment by imprisonment for life 'it has
tempered justice with mercy.'"
The Kentucky Appellate Court affirmed each and every one of the cases
appealed.
Ellison Mounts, sentenced to die on the gallows for shooting and
killing Allifair McCoy, appealed on the ground that he pleaded _guilty_
to the charge, and having done so he was entitled to a sentence of
confinement in the State prison instead of hanging. It was claimed
for him that the State, in introducing the wife of Randolph McCoy,
so brutally beaten that night of January 1st, 1888, had taken unfair
(?) advantage of his condition and that, therefore, the case should
be reversed. As in the other cases, the Court of Appeals refused to
disturb the judgment of the lower court, maintaining that all the
authorities agreed that unless a tacit agreement between the State
and defendant had been entered into to reduce the punishment, the
State had a right even under the plea of guilty to introduce testimony
_illustrating the atrocity of the crime_.
On February 19th, 1890, Ellison Mounts was hanged. For some time
previous to the day of execution the sheriff had on duty a guard of
from fifty to seventy-five men, armed to the teeth, and in addition
had appointed and sworn an additional force of some twenty deputy
sheriffs for the special occasion. Repeated reports had come to Sheriff
Mayward that the Hatfields of West Virginia would attempt a rescue. In
view of what had transpired in the past, the precaution of the Kentucky
sheriff was entirely warranted.
On the day of the execution the largest crowd ever brought together in
Kentucky on a similar occasion assembled at the little country town
of Pikeville, careful and conservative estimates judging the number
to have been nearly eight thousand. They came from all directions, on
horseback, on foot, in wagons drawn by oxen. They came long before
daybreak and from that time on until the time of the execution, after
noon, the stream of visitors poured into the town. Little children even
were brought along by mothers who had come to see the hanging with
an eagerness with which they would have attended a circus. Is it not
strange how morbidly curious most of us are? How we jostle each other
so as not to lose a glimpse of misery or death? Not strange, after
all--the savage of the stone age is not yet eradicated from our natures.
While the crowd collected, an incident marred the generally peaceable
behavior of the mass of people. Frank Phillips was "in his cups." With
a revolver in each hand he walked the streets of the town, announcing
that he had run the Hatfields down and that now he proposed to run the
town of Pikeville. Sheriff Mayward remonstrated with Phillips, who
showed fight. A number of deputy sheriffs soon disarmed him and the
trouble passed without serious casualty. In the scuffle the sheriff had
been severely injured. As soon as he recovered from the shock he called
the guards and from that time on matters progressed without any other
interruption.
At that time executions were public, not behind walls or enclosures as
now. A mile and a half from the town, in a natural amphitheatre, the
old-fashioned gallows had been erected. The hills overlooking the scene
were black with people. A few minutes past twelve the sheriff repaired
to the jail and read the death warrant. Keen-eyed guards scanned the
people around to detect any possible attempt at rescue. None was made.
The condemned criminal listened to the reading of the warrant with the
same stoicism that had marked the commission of his crimes. He claimed
conversion, and hoped that "all men and women would lead good lives and
to meet him in heaven, where he was going."
A short time after one o'clock his lifeless form dangled from the
gallows-beam. Ellison Mount had ceased to be a dread to humanity.
Ignorant as the savage of interior Africa, he had no conception of the
magnitude of his crimes. A criminal by nature, he was easily influenced
to obey the command of those who used him as a tool. Shedding human
blood was a pastime with him. However, according to orthodox teaching,
he consorts now with the saints. A life of crime seems to have some
compensation, after all.
Many of the criminals being still at large, wanted in Kentucky
or elsewhere, the Eureka detectives now took a hand. Among these
were A. W. Burnett, W. G. Baldwin, Kentucky Bill, Tom Campbell and
Treve Gibson. To the credit of these brave men be it said that they
apprehended many of these outlaws to answer for crimes other than
those recited in connection with this feud. They effected the capture
of John Norman, Joe Frank Smith and John B. Dodson, all of whom were
put on trial before Judge T. H. Harvey in Logan County, West Virginia.
Johns and Cap Hatfield went West for a time, and, though hounded from
place to place, Cap was never caught. Johns Hatfield afterward served a
short term in the State penitentiary at Frankfort for participation in
the night attack on the McCoy home and murder of Allifair and Calvin
McCoy. Life's cheap, isn't it?
The feud was at an end. Some years later, however, in 1896, Cap
Hatfield, still at large, residing unmolested in West Virginia,
committed a triple murder under circumstances quite in keeping with
his former record of bloodshed. While this killing is only indirectly
connected with the feudal troubles, an account of it and the attempted
capture serves, however, to illustrate the daring and recklessness of
this outlaw.
On November 3rd, 1896, it being the day of the Presidential election,
Cap Hatfield and his stepson, Joseph Glenn, whom he affectionately
called "his boy," went to the voting place at Thacker, West Virginia.
Both were heavily armed with Winchester rifles of large calibre and
braces of Colt pistols. They had been at the polls but a short time
when they began a dispute with John and Elliott Rutherford, two natives
of that county, and who, according to Hatfield's story, had been
members of the McCoy clan, and had fought with them in various battles
against him and his relatives.
Cap Hatfield's menacing threats and flashing eyes boded evil. The
Rutherfords, knowing well the desperation of the man in anger,
attempted to leave the polls, when Cap Hatfield threw the gun to his
shoulder and instantly killed John Rutherford. The "boy" fired upon
Ellison Rutherford, who dropped to the ground, gasped and expired.
Hence Chambers, a prominent citizen, rushed forward just as the lad
fired. The boy, presuming Chambers to be a friend of the Rutherfords,
turned upon him, fired, and the triple murder was complete.
The murderers retreated very deliberately toward the mountains. Indeed,
there was no necessity for hurry. Every man upon the voting ground
appeared dazed, dumbfounded, paralyzed with astonishment and fear. The
tragedy had started and finished so suddenly and unexpectedly that
it was impossible to realize in a moment the magnitude of the crime.
Even after the men regained their power of speech and action, pursuit
was not thought of. No one dared attempt the arrest of the fugitives,
knowing that it would result in more bloodshed, and there had been
enough for one day.
But on the following morning, over one hundred armed and determined men
answered the summons of Sheriff Keadle, and started on their perilous
task to arrest the outlaws. This force was augmented by another, which,
on the night following the tragedy, kept a close watch over the "Rock
Fort," a retreat in mountain wilds, much in favor with the Hatfields
when pursued by officers.
During the night Deputy Sheriff Clark and one Daniel Christian were
informed by a spy that the fugitives had stolen away from the fort
and were going in the direction of Kentucky. Clark at once followed
the trail indicated and located the two near the house of one of the
Hatfields where they had gone for food.
Clark and Christian, in following the trail, on passing a large rock
or cliff on the hillside, came upon the two men, who were fast asleep.
Cautiously approaching, the officers recognized the murderers. The
hazardous pursuit was at an end, and the capture effected without the
shedding of blood.
The excitement attending the arrest of the criminals was great
throughout the county. Officers feared mob violence. To avoid it the
prisoners were taken to Huntington, but were returned within a few days
to Mingo County and lodged in jail, which was heavily guarded.
Cap Hatfield's version of the tragedy is interesting and characteristic
of the man. It was a total contradiction of the statements made by all
the eye-witnesses.
Cap Hatfield said: "I believe it to have been a prearranged attempt to
take my life. Rutherford was jealous of me years ago. Some two years
ago he said I had done him an injury and demanded an apology. I told
him I had not wronged him, but if he thought I had, I regretted it. He
seemed to accept this explanation and I thought the matter ended. On
the day of the killing he was quarrelsome and I avoided him, telling
him that I had enough trouble in my time and wanted no more. Late in
the evening Joe and I started for home. Rutherford renewed his quarrel
and suddenly drew his revolver and began firing at me. I threw my gun
up to get it in position and the first ball from his revolver hit
here" (showing a heavy indentation on the underside of the heavy steel
gun barrel). "The gun prevented the ball from entering my breast. He
fired twice more before I could get my gun in position, then I fired
my gun twice and drew my revolver. At the third shot he fell, and some
one, Ellison Rutherford, I think, was firing on me from behind, and
getting very close to me, as you can see" (exhibiting a nick in his
left ear and a grazed place or scratch in the neck). "Chambers was shot
by accident, I suppose. When I reached the railroad they were so hot
after me I reloaded my revolver. Young Rutherford was shot purely in
self-defense, either by me or the boy, I don't know which. We made for
the woods."
"Yes," he said, in answer to a question, "Clark and Christian got the
drop on us. I was doing picket duty and sleep overcame me. The boy
would have shot Clark had I not stopped him."
An organized band of the Hatfields attempted a rescue of the prisoners,
but the celerity with which the officers acted, frustrated the attempt.
Devil Anse Hatfield and others were arrested for this, taken to Logan
County and placed in jail there, but were soon afterwards released.
Deprived of a leader, the famous clan dispersed and the country
breathed freely once more. Although a reward had been hanging over
Cap Hatfield for many years without effecting his arrest, the tragedy
of November 3rd, at last brought him behind prison bars. But the good
fortune, which always attended this man, did not leave him even in this
dire extremity. He was tried on one of the cases, fined and sentenced
to imprisonment in the county jail for one year. Two other indictments,
both for murder, were still pending in court. He was to be tried on
these the following term.
In the little county jail at Williamson, West Virginia, Cap Hatfield
now posed as a hero, receiving his wife, friends and relatives daily.
One evening he held a "levee" and was the gayest of the gay. His gayety
was explained when, on the following morning, the jailer made the
discovery that the man who carried eighteen scalps at his belt, was a
prisoner no longer. At midnight the crowd of visitors at the jail had
gone. At three o'clock in the morning Hatfield was in the mountains. A
hatchet, given him by some of the visitors, did the work of liberation.
A large hole through a sixteen-inch brick wall caught the attention of
the village policeman, who gave the alarm.
A crowd of men soon collected and started in search of the fugitive. It
seems that Cap Hatfield, though getting off easy in one of his cases,
was afraid to stand trial on the others, fearing a death sentence. But
a few days before his escape he had remarked that he preferred death at
the mouth of Winchesters to being made a show subject on the scaffold.
By noon of the following day the whole country was in motion. Like
the gathering of the clans of old the sturdy citizens poured into the
county seat and offered their services to bring back into the hands
of justice the man who had for so many years defied the laws of two
States. The county offered rewards, private citizens contributed to
defray the expenses of the posse. Governor Atkinson of West Virginia
promised aid; the State of Kentucky, through Governor Bradley, tendered
assistance, and Virginia's executive declared that the outlaw should
find no asylum in that State.
The banks of the Ohio river were lined with armed men for many miles
to prevent his escape into that State. It was generally believed that
he would be apprehended within a day or two. But days passed and yet
the outlaw had eluded his pursuers. He was no longer alone now. To his
aid came his relatives, Johns, Elias and Troy Hatfield, Clark Smith,
Henry Harmon and others, each heavily armed, and amply supplied with
ammunition. Familiar with every nook and corner of that part of West
Virginia, he was secretly assisted by other friends and henchmen, bound
to him by ties of relationship or forced to render assistance through
fear of incurring his enmity.
This condition aroused the entire State of West Virginia. On Wednesday
the sheriff, with a considerable force of "militia," composed of men to
be depended upon, again took to the mountains. Within three hours of
their departure old Randolph McCoy came into Williamson, West Virginia.
He was clad in the homespun of the country. His large-brimmed hat
was adorned with a squirrel's tail. Carrying an old-fashioned,
muzzle-loading rifle, he looked worthy of the comradeship of Daniel
Boone or Kit Carson. Years before that, three of his sons had been
foully murdered while being tied to bushes; some years afterwards
another son and a daughter were shot down in cold blood, his wife
brutally beaten, his home reduced to ashes, himself escaping only
by a miracle, and now the old man is on the trail of one of the
participants, if not the actual instigator of these outrages. He had
come, said McCoy, to aid in the capture of "six feet of devil, and 180
pounds of hell," as he always described Cap Hatfield.
Seven miles below Williamson, McCoy overtook Sheriff Keadle, and
united with him. Stretching over as much country as possible, the
force scattered and advanced in skirmish lines. Nothing was seen of
the fugitive on that day. At night camp was made on lower Beech Creek.
The posse was now in the very heart of the Hatfield country, on Cap
Hatfield's native heath.
Some years before in this locality Charles McKenney, a cousin of the
McCoys, a lad of only eighteen, had been riddled with buckshot by Cap
Hatfield and two others.
During the night, after the moon had risen, guards reported a column
of smoke further up on the creek. This was not unexpected. The
stronghold of the Hatfields was on a decided elevation some four miles
away. The smoke suggested that they were there. The rumor served to
keep the camp awake until daylight, when the march was resumed, the
posse heading direct for the old palisade. The advance was made with
caution. When within a quarter of a mile from the "fort," the first
glimpse of the outlaw was had. His oft repeated boast that if once he
gained the mountains, he would turn his back on no man, proved idle
talk. He and his comrades rapidly retreated toward another mountain
stronghold. When the log cabin was reached it was empty. No time
was lost here. The men, elated at being so close upon the outlaws'
trail, marched with spirit and rapidity. The direction these had taken
indicated that they were straining every nerve to reach the mountain
crag known as the "Devil's Backbone." It is said that from this point,
some years previous, Devil Anse Hatfield had fought single-handed a
considerable force of men. It was then that the summit was christened
and received its weird name, and where old man Hatfield won his "nom de
guerre" of "Devil Anse."
The mountains in this section are very steep to the southeast;
Beech Creek cuts and winds through the hills until it empties into
the Tug Fork. Huge walls of rock fringe the stream on each side. The
strata is tilted until it stands on edge, a remarkable, interesting
geological formation. Approach is impossible except from one direction.
A slender footpath at that point clambers laboriously upward. At no
place is there room for two men abreast. Two sharpshooters on top
might successfully defend the place against a regiment. It was this
stronghold that Cap Hatfield and his companions were so anxious to
gain. He finally reached the foot of it, but at a loss. Old man
McCoy was among the first of the attacking party, forging ahead with
grim determination. Intuitively he seemed to know his old enemy's
destination. McCoy and six or seven men at last separated from the main
body of the sheriff's force and followed a cattle path. Sheriff Keadle
pursued the other trail. It was along in the afternoon that the quiet
of the forest hills was suddenly broken by a shot. Before another was
heard, the armed posse was in a clearing which commanded a view for a
mile or more toward the "Devil's Backbone." Nothing, however, could be
seen except that the summit of the citadel was yet unoccupied. Then
a white puff of smoke, followed instantly by a rapid fusilade, told
that the battle had begun. McCoy and his party had intercepted the
Hatfields. At that distance it was impossible to see the actors in
the drama then being acted. Shot followed shot. Both parties were in
ambush. Ever and anon old Randolph McCoy's rifle could be heard. Then
there came a lull. By the aid of his field-glasses the sheriff saw
that Hatfield was flanking McCoy. It was plain that the old man must
either retreat or perish. But the old fox had not lost his cunning. He
quickly saw the danger and effected a safe retreat, while the Hatfields
stopped at the foot of the coveted fortress. It was seen that two of
the Hatfield crowd were wounded.
The sheriff and his posse now pressed forward with speed. Within a few
minutes they joined McCoy. It was almost dark, now, when the forces
were once more united, and approached within range of the Hatfield
guns. Bullets whistled and cut the twigs of limbs over the heads of
the pursuers. The sheriff commanded his men to seek cover. Instantly
every man "treed." Then began a fight after the fashion of Indian
battles of old. The moment a body was exposed from a protecting tree,
it was certain to become a target for many guns. Gradually, carefully,
nevertheless surely the posse forged ahead, always under cover, yet
advancing, concentrating and getting closer. Escape for the Hatfields
seemed now impossible, unless they could put into effect one of their
wonderful dashes which in the past had extricated them out of many
dangers and difficulties. Cap Hatfield directed the fire of his men
with utter disregard for their own safety. He seemed to bear a charmed
life. The target of every sharpshooter in the sheriff's posse, not
once did a bullet touch him. The Hatfield rifles did better execution.
The posse, which had left Williamson the previous morning with flying
colors and full of hope, was now decimated. Two of the deputies were
fatally wounded and seven members of the posse more or less severely.
As night drew near the battle ceased. The posse camped. A council of
war was held. Some were for pressing on in the night. Others, with
cooler judgment, suggested that it was safer to starve the outlaws into
submission. The latter opinion prevailed.
Early on the following morning (Friday), there was a short but hot
skirmish during which another of the posse was wounded. At noon the
sheriff was reinforced by a force led by J. H. Baldwin. This man had,
for some time, led the Hatfields a hard life. Ever on their trail,
he either captured them or drove them from the country. Cap and his
band were those who had given him the most trouble and had constantly
eluded him, thus far. Now he had another opportunity to try conclusions
with them. Baldwin was a splendidly courageous man, and a crack shot
with the rifle. He at once took the lead. "When I was a boy," he
said, "I smoked many a rabbit out of a hollow tree." With this remark
he despatched two men to Williamson for a supply of dynamite. The
besiegers sat down to wait.
Late on Friday evening Baldwin "winged" one of the Hatfields. The man
had attempted to reach water.
At nine o'clock Saturday morning, the dynamite arrived and preparations
were made to place the mine. By eleven o'clock the work was complete,
the match applied and the command given to retire.
Until now the besieged had apparently been in utter ignorance of what
was being done. But the flashing of the train of powder leading to the
dynamite, brought them to a full realization of their peril. Men sprang
from cover and rushed hither and thither in full view. Cap Hatfield was
seen to start for the path, heedless of the bullets that spitefully
hissed about his ears. Then they made a sudden rush down the mountain.
In this "sortie" three men went down. This convinced the rest of the
uselessness of an attempt to escape by the path thus guarded. The
trapped desperadoes returned to the "fort" and began to throw stones
and bowlders upon the train of powder in the hope of breaking it. Then
came the explosion. It sounded as though the mountains were slipping
from their sockets. Pieces of rock and portions of trees flew in every
direction. The atmosphere was surcharged with dust and smoke. When the
air cleared at last, it was seen that more than half of the "Devil's
Backbone" was torn up and blown down the mountain-side into a small arm
of the Tug Fork, changing the course of the stream. Hatfield was still
unharmed. In the excitement of the moment, Dan Lewis, Steve Stanley
and Jack Monroe of the posse had left the shelter of the trees and
were wounded. Another charge of dynamite was placed, and the besiegers
retreated still further down the valley. The second explosion shook the
earth--the Hatfields seemed doomed. But the moment the smoke cleared
away rifle shots poured into the flank of Baldwin's men. Cap Hatfield
had again successfully foiled the plans of his pursuers. His retreat
had been made possible under cover of the smoke from the explosion.
Thus the dynamite charge had effected nothing except the destruction
of one of nature's unique works.
The chase was renewed, and though hampered by the wounded members
of his clan, he made his escape. The spectacular attempt to capture
the famous outlaw bore no fruit save wounds for many of the posse.
Cap Hatfield, the man who is said to have a record of having killed
eighteen men in his life, was gone. He was never apprehended.
Some years ago he lived in Virginia, apparently peaceably, but engaged
in the sale of whiskey, a vocation which is almost certain to get him
into trouble again, as it did two of his brothers, Elias and Troy,
during October, 1911. They were shot and killed in a pistol duel at
Cannelton, W. Va., by Octavo Gerone, an Italian, with whom they had
a dispute over saloon property. The Italian opened fire upon the two
Hatfields, fatally wounded both, and was himself instantly killed,
riddled with bullets from the dying men. When the brothers were found
by neighbors, the expiring Troy Hatfield made the characteristic
remark: "You need not look for the man who did this, he is dead."
Years ago the prophecy was made that "Devil Anse" would inevitably die
with his boots on. But he has confounded the prophets. He still lives,
from last accounts. The daring feudist, who, with his sons, defied the
law and authorities of three States, for twenty years, the chieftain of
as daring a band of outlaws as ever trod American soil, has more than
lived his "allotted three score years and ten." He is approaching the
nineties. But a few days before the killing of Elias and Troy, just
mentioned, he was converted and baptized, declaring that henceforth
he would lead a Christian life. It was high time, a resolution
unfortunately long deferred.
Randolph McCoy also passed the four score mark. He seemed to have borne
a charmed life. Marked for assassination a hundred times, he had always
escaped bodily harm. But his heart almost broke when three of his sons
were slaughtered in one night; his spirit was crushed when another son
and a young daughter were foully slain, his aged wife was brutally
beaten and the home burned.
After all, he had the questionable satisfaction of assisting a few of
his tormentors to a temporary berth in the penitentiary. One and only
one was hanged, Ellison Mount, the slayer of Allifair, and he was the
gainer at last, for he went straight to heaven. So he said. Perhaps he
knew, perhaps he didn't.
Somehow, it seems difficult to believe that murderers should have a
monopoly of heaven. The murderers' band there must be very large. Let
a man be sentenced to death for a heinous crime, let his attempt to
obtain a commutation to imprisonment prove abortive, and straightway he
repents and away he goes--to heaven, so 'tis said. His victim, snatched
into eternity without the formal preparations which orthodox religion
prescribes for candidates for heaven, must suffer an eternity of hell.
They tell us "we shall know each other there." Will Randolph McCoy
and his wife thrill with pleasure and be overcome with ecstatic
spasms of happiness on beholding among the saints the slayers of four
sons and a daughter? Will they join in the anthems warbled by these
celestial birds, whose victims-- But let that be. We did not mean to
be irreverent. We simply cannot help differing from the approved and
established conception of God's justice.