EXECUTIVE DEPARTMENT

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.

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