THE TOLLIVER-MARTIN-LOGAN VENDETTA.

(ROWAN COUNTY)

The royal murder at Serajevo was the spark that set the world on

fire. It would be silly, however, to place the blame of the world war

upon it. To find the real causes of the appalling tragedy one must go

further back.

So it is with the great Rowan County war. There were many agencies at

work that contributed, little by little, but none the less surely, to

that state of anarchy which disgraced Rowan County and Kentucky during

the eighties. The evil influences which initiated it were: Politics

and Whiskey. A weak-kneed, yea, corrupt administration of justice

permitted its continuation. The reign of terror which continued so long

unhindered could have been crushed in its infancy with any sort of an

honest, determined effort at law enforcement.

A verse or two of Mulligan's "IN KENTUCKY" finds excellent application

here:

"The bluegrass waves the bluest

In Kentucky;

Yet, bluebloods are the fewest (?)

In Kentucky;

Moonshine is the clearest,

By no means the dearest,

And yet, it acts the _queerest_

In Kentucky.

"The dove-notes are the saddest,

In Kentucky:

The streams dance on the gladdest

In Kentucky:

Hip pockets are the thickest,

Pistol hands the slickest,

The cylinder turns quickest

In Kentucky.

"The song birds are the sweetest

In Kentucky:

The thoroughbreds are fleetest

In Kentucky:

Mountains tower proudest,

Thunder peals the loudest,

The landscape is the grandest,

AND POLITICS--the damndest

In Kentucky."

In the long continued struggle which brought Rowan County into

disrepute, many families of high reputation, men of wealth and

influence, as well as men of reckless, undaunted, desperate character,

were pitted against each other. Officers of the law, lawyers, judges

and politicians of more than ordinary ability and reputation,

quarreled, disputed and excited such unreasoning passion as to result

in bloodshed. After that the dogged, stubborn determination of the

different factions admitted of no other settlement of the controversy

save by the arbitrament of arms, a war to the death.

Patrick Henry cried out before the Virginia Convention: "Gentlemen may

cry peace, peace, but there is no peace." In Rowan County, too, men

cried continually for peace, yet there was to be no peace until anarchy

had almost depopulated the county and its name had become synonymous

with outlawry. The only alternative left was to leave the country or

fight. Some did leave, most of them remained and fought, fought with a

courage worthy of a better cause.

The courts appeared powerless. The officers were themselves bitter

partisans. The government of the State, when applied to for troops

to assist in restoring order, sometimes refused aid, owing to a

technicality in the law, and thus was precipitated the famous bloody

battle at Morehead, in which many men were killed and wounded.

It may be well to add that Rowan County was not a remote, inaccessible

region where civilization had made but little progress, as was the

case along the border of West Virginia and Kentucky, the scene of

the Hatfield-McCoy war. Good roads and railroad communication had

introduced to Rowan County even then a civilization which should have

made the bloody conflict impossible; it certainly made it inexcusable.

It is difficult to produce a fair picture of the political upheavals

and complications which eventually led to and resulted in so much

bloodshed without going behind the actual outbreak of the feud. While

this necessitates the narration of incidents of purely local interest,

and may, therefore, not grip the interest of outsiders, a patient

reading of it will develop the fact that it is indispensable to a true

understanding of the history of this war, and also that it teaches a

moral.

As early as 1874 political quarrels arose, engendering bitter hatred,

between prominent, wealthy and influential men of Rowan and surrounding

counties. At that time it was hoped and generally believed that the

difficulties would be forgotten as soon as the heat of the political

contests had abated. But as the years passed factional division grew

more and more pronounced. Citizens who had theretofore held aloof

from the disputes, were gradually and surely drawn into the vortex

of strife. As is usual and unavoidable under such circumstances, many

desperate, degraded characters attached themselves to the various

factions. These would commit deeds for pay, from the commission of

which the more circumspect employers of them shrank in fear. In such

wars the hired assassin always finds lucrative employment. He becomes

the blind tool of the coward with the money, and the greater the

compensation the more horrible his crimes.

The innocent but direct cause of the political struggle to which we

must refer, was the Honorable Thomas F. Hargis, who, in after years,

rose to the highest judicial position in the State. His father, before

him, served in the constitutional convention of the State in 1849 and

was a very distinguished Kentuckian.

When the great rebellion broke out, Kentucky soon began to suffer the

distress and horrors of civil war. It at first declared its intention

to remain neutral. Governor McGoffin refused to furnish troops to

the Union army and attempted to enforce neutrality by maintaining a

"Home Guard." This brought on many conflicts with the State Guards.

It became at once apparent that the two bodies of troops were nothing

more than partisans. The Home Guards often employed their military

power and authority in harassing and mistreating actual or suspected

sympathizers with the cause of the South. The State Guards, on the

other hand, used their influence and made every exertion toward turning

the tide of public sentiment in favor of the Confederacy.

The sudden invasion of Kentucky by the federal troops was greeted with

joy by the Home Guards, who made no attempt to repel it or to preserve

the State's neutrality for which purpose they had been organized. The

larger portion of the Home Guards, in fact, at once joined the Union

army. The State Guards disbanded and a majority of them joined the

Confederates. The division of Kentucky was now complete.

In the general rush to opposing armies we find Thomas Hargis donning

the grey and fighting for the "Lost Cause" as captain until the close

of the war.

Returning home, he studied law and was admitted to the bar. The date

of this admission, an unimportant point it may seem, was nevertheless

responsible for the internecine strife of after years.

In the year 1874, Captain Hargis, who had already won prominence as a

lawyer of ability and sagacity, was nominated by the democratic party

as its candidate for judge of the circuit court. Opposed to Hargis

in this race was Geo. M. Thomas, afterwards United States District

Attorney for the District of Kentucky. He was the nominee of the

Republican party. The race was exceedingly hot and spirited from the

beginning. The contest became bitter. It was charged by the friends

of Thomas, among whom were not only the Republicans whose nominee and

choice he was, but enemies of Hargis in the ranks of his own party,

that he was not eligible to the office because he had not attained

the requisite age, and that he was still further disqualified from

holding the position of Circuit Judge because he had not been licensed

as a lawyer for a sufficient number of years. These reports were

industriously circulated against him. Appreciating the danger of such

a rumor in a contest like this was, and knowing that only a prompt

refutation and repudiation of the charges could prevent his signal and

disastrous defeat, he hastened to obtain copies of the records of his

age, and of the date of his admission to the bar from the records of

the Clerk's office.

At the time of his candidacy Hargis was a resident of Carlisle,

Nicholas County, but when admitted to the practice of the law had

resided in Rowan County. So the records of his admission to the bar

must be obtained there. He, therefore, went at once to Morehead and

instituted an examination of the records, but to his consternation

it revealed the astounding fact that the only record and evidence of

his admission to the bar had been mutilated and destroyed; the pages

containing them had been cut out from the books. Added to this was the

unwelcome discovery that the family Bible had also been mutilated in so

far as it contained the record of his age. The charges of ineligibility

had been widely circulated and published in the newspapers and Hargis'

inability to refute them for lack of record evidence now gave them the

stamp and color of truth. The Republicans, and the personal enemies of

Hargis among the Democrats, were jubilant, while his friends flatly and

broadly accused Thomas' friends and supporters of the crime of stealing

and destroying public records. This further increased the already

bitter feeling. The friends of Thomas now charged that if any such

records had ever existed Hargis himself had stolen and destroyed them.

The result of it all was that Hargis was defeated by his Republican

opponent, and this in a district theretofore always safely Democratic.

The close of the contest brought out another truth no longer to be

denied or overlooked. Every circumstance and condition existing after

the election pointed clearly to the fact that something more than

factional, political animosity, common in all hotly contested races

for position, had been awakened and that in the hearts of many, malice

had taken deep root. Each succeeding election only augmented the bitter

feeling. Desire for revenge, and, what at first seemed but political

excitement and zeal for the favored candidate, now caused friends of

old to cancel their friendship and the most prominent leaders of the

opposing factions regarded each other no longer as merely political,

but as personal enemies.

In the year 1876 the Legislature of Kentucky created a Circuit Court

for Commonwealth proceedings alone, the new district being composed

of the same counties as the old. Hargis again announced himself a

candidate for judge of the newly-organized court. This time he was

elected with an easy majority. He continued in this office, which he

filled with signal ability, until in the spring of 1879, when an event

took place which opened to him the road to still higher honors, and

also still further fanned the flame of political and personal strife.

The event referred to was the vacancy created on the bench of the Court

of Appeals as the result of a tragedy enacted upon the streets of the

capital of the State, at Frankfort,--the assassination of Appellate

Judge J. M. Elliott, by one Thomas Bufford. The tragic death of this

able jurist horrified all Kentucky.

His slayer pleaded insanity. The trial jury on first ballot stood

six for conviction and six for acquittal on the ground of insanity.

Finally, the verdict of the whole jury declared him insane. He was

transferred to the Asylum at Anchorage where he remained but a short

time. He escaped to Indiana where he remained because our requisition

laws were then not sufficient to enforce his return to Kentucky.

Immediately after the death of Justice Elliott an election was ordered

for his successor and Judge Hargis again became a candidate before

the Democratic convention. A number of able and distinguished jurists

opposed him before that body, many of these much older and experienced

than he. In spite of the powerful opposition brought to bear against

him, Judge Hargis again succeeded in obtaining the nomination, another

proof of his political influence as well as of his talents and

abilities as a lawyer and politician.

This last and most important success of Hargis aroused anew the malign

hatred and envy of his numerous enemies in the camps of his own party.

The old charges were renewed, remodeled, rehashed, renovated and added

to, as the occasion demanded. The story of his wilful, felonious

destruction and mutilation of court records was republished and more

extensively circulated than ever. Newspapers, circulars, hand-bills

and letters telling the story were scattered throughout the district,

posted up at all public places, on fences and trees along the highways,

thus increasing factional enmity to a dangerous intensity.

Opposed to him in this race was Judge Holt, a Republican politician and

lawyer of prominence, and of unassailable purity of character.

The contest between these men was waged with spirit with the result

that the mantle of Judge Elliott fell upon Judge Hargis. During

the canvass Judge Hargis, through the _Courier Journal_ and other

newspapers, had denounced the persons over whose signatures a number

of the scandalous accusations and derogatory charges had been made, as

liars, calumniators and villains.

Thomas M. Green, editor of the Maysville _Eagle_, also correspondent

of the Cincinnati _Commercial Gazette_, had been most persistent in

industriously keeping the disparaging accusations against Hargis in

the columns of the Republican press of the country. Editor Green was,

in consequence, singled out by Hargis in his card to the _Courier

Journal_ as the chief offender, assailing him in most bitter terms.

Green applied to the law for redress and instituted suit for libel in

the Jefferson Circuit Court at Louisville, asking for a large sum in

damages.

Early in the spring of 1880 the case came on for trial. Hargis waived

all questions of jurisdiction which it had been expected he would

use as a defense. He somewhat staggered his enemies by admitting

responsibility for the article upon which the suit was based, and

declaring his ability to prove the charges made against Green as true.

The trial lasted for many months. It was minutely reported in the press

of the country and read everywhere. Even now the angel of good fortune

did not desert Judge Hargis. He won the case.

During this period the controversy between Green and Hargis had very

sharply aligned the friends and enemies in Rowan County. So complete

was the breach that the thoughtful ones looked forward to open, actual

hostilities. Hope of compromise disappeared as time passed.

A storm so long brewing is apt to accumulate extraordinary force. A

fury long pent up will break loose with greater fierceness. The strife

had penetrated every neighborhood, almost every household. Any public

occasion, especially the biennial election, was looked forward to with

dread. Minor political contests, waged in these elections, served

to open old sores and to inflict new wounds, adding material for the

spirit of revenge to feed upon.

At that time the Australian ballot system had not yet been introduced.

The _viva voce_ system was in vogue, and bribery in elections was,

therefore, much more common than it is now. Candidates practically

bought their offices. The voter cast his vote publicly; it was recorded

publicly, and cried out publicly. In this wise the buyer of the vote

controlled the seller, and, very often, vote sellers were driven _en

masse_ to the polls like so many sheep, a cause of innumerable election

fights.

Another successful instigator of trouble on election day was the

free and promiscuous use of liquor with which candidates treated and

influenced the voters. Election contests frequently excite the most

staid and conservative citizens, but when whiskey is added it is

certain to arouse passions which might, otherwise, have slumbered on.

Such were conditions in Rowan County on the day of election, August,

1884.

A hot political race was on between one S. B. Goodan, the Democratic

nominee for sheriff of the county, and W. C. Humphrey, commonly known

as Cook Humphrey, the Republican nominee. The county being almost

equally divided politically, the contest was close. Each of the

candidates was wealthy, influential and extensively related. Money was

used without stint, barrooms were thrown wide open at Morehead, the

county seat, and principal town of the county, as well as at most other

precincts in the county.

The town was crowded with excited, angry, drunken men and all through

the day there were fist fights and brawls. During one of these, the

prelude to the conflict which afterward attracted the attention of

the American press, John Martin, son of Ben Martin, a wealthy farmer,

was struck down and seriously injured. He immediately sprang to his

feet, drew his pistol and a general pistol battle followed. When the

smoke had cleared away, Solomon Bradley was found dead, Adam Sizemore

severely wounded.

The death of Bradley, a good citizen, who had taken no part in the

fighting, and the wounding of Sizemore and Martin proved of fatal

consequences. Bradley was one of the most influential Republicans of

the county. He and John Martin were members of the best families and

extensively related even in adjoining counties. The Martins were known

to be ambitious and brave men. It appeared that Martin received his

wounds at the hands of Floyd Tolliver, a brother of Craig Tolliver,

who afterwards attained such unenviable notoriety and bore the

distinction of being one of the most cruel, bloodthirsty desperadoes

Kentucky ever had the misfortune to own as her son, and whose tragic

death on the day of the memorable battle at Morehead some years later

was heralded throughout the country.

John C. Day, the then acting Sheriff of Rowan County, was charged with

the shooting and wounding of Sizemore.

The first blood had now been spilt; more was bound to follow. Even the

most hopeful became convinced that a long and bloody conflict could

no longer be averted. Those best acquainted with the state of affairs

knew, and rightly predicted, that the law would not be invoked to

settle the trouble and punish the offenders. "A life for a life" was

the motto that henceforth governed the factions, now arrayed against

each other in open, desperate warfare.

The wounding of Martin by Floyd Tolliver placed the latter and his

friends and relatives in a dangerous position. They knew the Martins

would not pass lightly over the matter. Their numbers and influence

made them dangerous adversaries. Floyd Tolliver lived at Farmers, a

small village on the Licking river, a station of the Chesapeake & Ohio

Railway, which traverses the county and passes through Morehead. The

Tollivers also were a large family. Floyd, believing himself in danger,

now turned to his relatives and friends for assistance. They responded

promptly, armed and organized. The Martins, the Sizemores and the Days

did likewise, thus dividing the county into four factions, composed of

determined, courageous and desperate men.

During the Circuit Court following the murder of Bradley the grand jury

returned indictments against John Martin, Floyd Tolliver and Sheriff

John C. Day for malicious shooting and wounding and murder. Bail was

granted, bonds were readily executed and the cases continued until the

next term of court.

In December following the fight of August, 1884, Floyd Tolliver and

John Martin, who had recovered from his wounds, came for the first

time face to face outside of the court room and when not in custody

of the officers, since their fight. They met in a barroom, a place

never suitable for enemies to meet. Had both men been duly sober

trouble might have been averted. But, flushed with liquor, the old

grudge soon got in its work, a dispute arose, their hands reached for

their pistols, the shining weapons flashed for a moment, then belched

forth fire and flame,--a cry, the dull thud of a falling body--Floyd

Tolliver lay prostrate upon the floor--dead.

Martin was immediately arrested and conveyed to the county jail. To

his friends the killing was a shock. They were fully convinced that

Craig Tolliver and the other brothers of Floyd Tolliver would seek

summary vengeance. Grave fears were entertained for the safety of John

Martin in the old jail. Rumors of the organization of a large Tolliver

mob increased anxiety and apprehension with each fleeting hour. But,

as much as the Tollivers were feared, and the more they threatened,

Martin's friends bravely prepared to protect him at all hazards. Thus

the aggressiveness of the Tollivers was counteracted by the bold

defiance of the Martins.

The County Attorney, Mr. Young, was one of the ablest and most

fearless Commonwealth lawyers in Kentucky. By his enemies, and they

were numerous, he was regarded as wholly unscrupulous. They refused

to credit him with even one pure thought, or action, emanating from

a noble impulse. But unbiased investigation of the facts of this

matter clearly shows that Mr. Young did his duty in this particular.

He was perfectly acquainted with the character of the men arrayed

against Martin, and was not the man to be deluded by their repeated

declarations that the law would be permitted to take its course. At

the risk of antagonizing the Tolliver faction against himself Mr. Young

promptly directed the removal of John Martin to the Clark County jail

at Winchester for safekeeping. County Judge Stewart saw the wisdom of

it and issued the order for the removal, which was accomplished without

mishap.

As soon as it became known that their intended victim had escaped them,

the Tollivers, furious and raging, gathered in large force, spreading

terror wherever they appeared. "We can wait--" they said, "there is

another day coming. John Martin must be brought back to Morehead for

trial and then--just wait."

December 10th, 1884, was the day set for the examining trial before

County Judge Stewart at Morehead. Before that day arrived, the unusual

activity of the Tollivers, the ominous collection of all the members

and friends of that family, the frequent but secret meetings, had been

quietly, but nevertheless keenly observed by Judge Stewart. He was

convinced that if Martin were brought back to Rowan County at this time

of ferment and excitement he would suffer a violent death at the hands

of his enemies, and that any attempt on the part of the officers and

friends of the prisoner would precipitate a conflict the magnitude of

which could not be foretold.

In this opinion Judge Stewart was sustained by Attorney Young. After

a careful investigation of the state of affairs the court decided on

an indefinite postponement of the trial. The order to the jailer of

Clark County, directing him to deliver Martin to officers of Rowan

County, was suspended on the 9th day of December, but unfortunately

(fateful neglect!) the order of suspension was not communicated to the

Clark County jailer. The wife of John Martin had been advised of the

postponement of the trial. The faithful woman who had already suffered

untold anxiety and fear for the safety of her husband, felt relieved

and hastened to Winchester to inform him of the action of the Court of

Rowan County.

As soon as the Tollivers were informed that the trial would not take

place, and that, therefore, Martin would remain at Winchester for an

indefinite time, they convened in a council of war to discuss plans of

campaign.

A raid upon the Winchester jail was suggested, but the leaders, though

desperate and brave enough to have attempted and dared anything, did

not believe that such an undertaking would meet with success. They

advised strategy instead of force.

On the 9th of December, on the same day that Judge Stewart canceled

the order for delivery of the prisoner by the jailer of Clark

County, an order was delivered into the hands of A. M. Bowling, town

marshal at Farmers, directing him to demand Martin from the jailer

at Winchester and to convey him to the county jail at Morehead. The

order also directed the jailer of Clark County to surrender Martin

into the custody of Bowling. The plot was shrewdly planned. The order,

forged, of course, would open the doors of the Winchester jail without

difficulty, and the prisoner must, therefore, become an easy victim on

his way to Rowan County.

Bowling, a Tolliver clansman, engaged four other members of it to

accompany him to Winchester,--Hall, Eastman, Milt and Ed Evans. Four

men to convey a handcuffed prisoner! It was deemed best to send a

sufficient number to prevent outsiders from interfering in the final

act of the inhuman drama staged by Craig Tolliver and his henchmen.

On arriving at the jail at Winchester, Bowling presented his order,

which was signed (?) by two Justices of the Peace of Rowan County

and which directed the delivery of Martin to Bowling. The order

was carefully drawn in the usual form, and had every appearance of

genuineness. A few minutes after John Martin's wife had bidden her

husband good-bye at the Winchester jail, Bowling presented his order

for the delivery of Martin.

While the wife was at the station awaiting the arrival of the train

which was to carry her homeward, little dreaming that she had clasped

the hand of her husband warm with life for the last time, the prisoner

was aroused by his keeper and told to prepare for his removal to

Morehead. Martin at once became suspicious. He remonstrated against

the transfer, but the jailer produced the order. The prisoner pleaded

long and earnestly. He explained to the official that he had received

definite information through his wife that on account of the danger

that awaited him at Morehead the county authorities of Rowan County had

indefinitely postponed his removal. He insisted that Bowling and his

companions were his deadly enemies; that every surrounding circumstance

pointed to treachery, and that his delivery into the hands of Bowling

meant nothing more nor less than assassination.

The jailer turned a deaf ear to his entreaties. He argued that a

refusal to comply with the imperative order of the Rowan County Judge

would involve him in trouble. He had no right to believe the order

forged. It bore the stamp of genuineness. It seems to us, however,

that a more circumspect officer, informed of the conditions and

circumstances surrounding the prisoner, acquainted with the dangerous

state of affairs in Rowan County as the result of which Martin had been

removed to Winchester, would have held the prisoner until he could have

communicated with the authorities at Morehead. Disobedience to the

court's orders, intended for the protection of a helpless prisoner,

could not have been subject to censure, especially when the forgery

of the order was later on established. He might easily have verified

the genuineness of the paper by telegraph. Blind obedience often works

injury. Threatening disasters through blunders of commanding officers

have often been averted by the disobedience of inferior officers, who

preferred facing court martial rather than become a party to useless

slaughter and defeat.

John Martin was delivered to Bowling and his companions. Securely

shackled, he was marched to the train. Doubtless he suffered the

same mental agony as does the man on the way to the scaffold. It was

pathetic chance that Mrs. Martin boarded the same train. She entered

another coach, entirely ignorant of her husband's presence in the next

one.

While this occurred at Winchester, Craig Tolliver and his band had

already assembled at Farmers, ready to play their part in the cowardly

deed. Armed to the teeth, they were posted at and near the railway

station, impatiently awaiting the arrival of the train. The night was

dark and disagreeable, perfectly suited for a hold-up.

Presently the flash of light pierces the gloom, the shriek of the

engine whistle echoes mournfully through the night. The train bearing

John Martin thunders toward the station. The air-brakes wheeze, the

train slows up; the conductor cries "All out for Farm--" He does not

finish the call of the station. A pistol is thrust into his face. Armed

men board the engine and cover the engineer and fireman. Others enter

the coach in which Martin is sitting, handcuffed, utterly helpless,

surrounded by Bowling and his confederates.

Martin sees the men enter and instinctively realizes that his end has

come. He attempts to rise to his feet. Instantly shots are fired.

Martin sinks back upon his seat, lifeless, his "protectors" calmly

witnessing the murder.

Martin's wife, in another coach, had up to this time believed her

husband secure in his cell at Winchester. But the moment she heard the

shots, unaccountable, undefinable dread seized her. Instinctively she

rushed to the scene of the tragedy and found her suspicions realized.

There lay the blood-covered body of her husband, literally torn to

pieces and perforated with leaden messengers of death. All that the

faithful, grief-stricken wife could do was to order the remains taken

on to Morehead. Martin was buried amid a large concourse of sorrowing

friends and relatives. The solemnity of the occasion accorded ill with

the many suppressed, yet none the less ominous threats of terrible and

swift punishment of the murderers.

The news of the cowardly assassination spread like wildfire over the

county. The war had begun in earnest. From the day John Martin's body

was consigned to the grave, the angel of peace departed from Rowan

County. For more than three years a reign of terror was to sweep over

it with all its attendant horrors, cutting a wide path of desolation

and misery. Deeds of violence now occurred at frequent intervals. All

manner of crime went unpunished by the law. The whole machinery of the

law was rotten, the officers of the courts being themselves partisans,

in some instances very active as such.

Mr. Young, the county attorney, was the first to feel the wrath of

the Martin faction. While riding along the road on Christi Creek he

was shot from ambush and painfully, but not fatally, wounded. The

perpetrators of this deed were not definitely known, but Young's

friends claimed to have certain information that the men who attempted

his assassination had acted under instructions from the Martin faction,

which had openly accused Young of playing into the hands of the

Tollivers, and had even gone so far as to allege that he had with them

connived in the murder of John Martin.

Whether he was or was not a Tolliver sympathizer, another murder

committed soon afterwards was laid at the door of the Tollivers,

to avenge, it was charged, the wounding of Mr. Young. Under the

circumstances this gentleman determined to and did remove from the

county where his life was evidently no longer safe. He located in an

adjoining county. At the succeeding election his son was elected to the

office his father had vacated.

The murder above referred to was that of Stewart Baumgartner. Cook

Humphrey, the Republican Sheriff, had appointed him a deputy. On the

17th day of March, 1885, Baumgartner rode along Christi Creek, when,

almost at the identical spot where Mr. Young had been fired upon, he

was shot and instantly killed--from ambush. No one was ever indicted

for that killing, but it was generally believed, charged and never

denied that Craig Tolliver's subordinates were the murderers.

Shortly after the death of Baumgartner, and during the month of April,

1885, Cook Humphrey and a stranger, afterwards ascertained to have been

Ed. Pierce of Greenup County, Ky., appeared on the streets of Morehead,

heavily armed and followed by a number of Martin sympathizers. This

act of defiance called forth bitter denunciation from the Tollivers

and their friends, among whom was ex-Sheriff Day and Jeff Bowling, men

of reckless courage. The leaders of the opposing factions assembled

every available man, and provided them with arms. The most determined

preparations were made to fight out their differences on the streets

of Morehead. Humphrey's headquarters were at the Carey House, a hotel

owned and operated by James Carey, an ex-captain of the Union army

and a very influential citizen. The Tollivers occupied the Cottage

Hotel near the Chesapeake & Ohio Railway depot, then owned by Dr. R.

L. Rains. As quickly as possible a message was forwarded to Craig

Tolliver, absent from Morehead at the time. He came, accompanied by a

number of Tollivers from Elliott County. The battle opened fast and

furious. A continuous fire from many guns kept the citizens of the

town in terror for many hours. The balls whizzed through every portion

of the ill-fated village. Storehouses and dwellings were riddled. None

dared to enter the streets, or expose his body for an instant.

The Carey House apparently bore the brunt of the firing. Hundreds of

balls struck and shattered the slight frame structure. The Tollivers,

beside superior numbers, had the advantage of position. Their

marksmanship was better, too. Humphrey and his clan soon realized that

a charge upon their position would mean their annihilation. So at

an opportune moment the Carey House was abandoned and the Tollivers

remained in undisputed control.

In spite of the long-continued, heavy firing, an unremitting fusilade

of many hours' duration, there were no casualties. The battle, however,

exercised such a terrifying influence over the peaceable citizens of

the town that all that could left.

Morehead, in fact the county, was now in a state of anarchy. The

matter was reported to the Governor, who immediately ordered General

John B. Castleman, then Adjutant General of Kentucky, to Morehead

to investigate conditions there and to discover the causes of this

shameful lawlessness. General Castleman, in company with others, went

to Morehead and interviewed the adherents of the different factions

and leading citizens of the county. This commission, on completing its

mission, reported its findings to the Governor. The result was that the

leading spirits in the feud were summoned to Louisville, Ky., where

a _compromise_ was patched up between the belligerents. Both sides

pledged themselves to return home, to lay down their arms and to cease

to molest each other. This proceeding brought into prominence H. M.

Logan, Judge James Carey and Cook Humphrey as adherents of the Martin

faction and Craig Tolliver, Dr. Jerry Wilson and others as the Tolliver

faction leaders.

The agreement entered into at Louisville, intended to restore peace,

effected the opposite result. It prevented prosecution of either side

for the Morehead riot. The leniency extended by the authorities merely

emboldened and encouraged the warring parties--the truce was violated

by both sides within a short time after it had been agreed to.

The factions charged each other with insincerity, of secretly

maintaining armed bands and preparing for renewed hostilities. Within a

few weeks after the compromise at Louisville, conditions in Rowan were

as bad as ever, nay--worse.

As we have stated, the shooting of Young, the County Attorney, had

been charged to the Martin faction. In retaliation for this crime

the Tollivers had murdered Sheriff Humphrey's deputy, Baumgartner.

Subsequent developments then seemed to directly implicate Cook

Humphrey in the shooting of Young, and this led to a renewal of

active hostilities. It appears that immediately after the treaty at

Louisville, Ed. Pierce, the man who had so mysteriously appeared on the

streets of Morehead in company with Cook Humphrey on the day of the

riot, was arrested in Greenup County and taken to Bath County for trial

on a charge of robbery. A jury found him guilty. He was sentenced to

the penitentiary for a long term. While confined in jail previous to

his trial, he admitted his participation in the shooting of Mr. Young,

implicating also Ben Rayborn of Carter County, a man but little known

in Rowan County. In his confession Pierce claimed to have been employed

to kill Mr. Young by the sisters and family of John Martin, and that

Sheriff Humphrey and Baumgartner, his deputy, had aided and assisted in

arranging the details of the plot.

Humphrey and the Martins indignantly denied every word of Pierce's

confession, and asserted that he had been bribed by Mr. Young to make

it for the purpose of destroying the prestige of the Martin family in

the county, and to furnish the excuse for further outrages.

Humphrey and the Martin family were now put under constant surveillance

by the Tollivers. The Martin homestead, situated about one mile from

Morehead, became an object of special vigilance. Finally, on the

evening of the 27th day of July, 1885, the Tolliver spies reported

to their leader at Morehead that two men had been seen around the

Martin home. Instantly everything was in commotion at the Tolliver

headquarters. Craig Tolliver, Jeff Bowling, T. A. Day and others, all

sworn enemies of the Martins, surrounded the homestead in the dark of

night and remained on watch until morning.

Shortly after daylight a stranger, afterwards recognized as Ben

Rayborn, in company of Sue Martin, a young woman of much native sense

and energy, emerged from the house and "robbed" a beehive in the yard

without having discovered the enemy. Rayborn was heavily armed. His

presence convinced the Tollivers that Cook Humphrey was in the house;

they now determined upon open attack. But to avoid possible failure of

the plot it was deemed necessary to increase the force. A messenger was

hurriedly dispatched to Morehead.

A short time afterwards the Tollivers had assembled a force of

twenty-five or thirty men, among whom were many of the most violent men

of Rowan County.

At nine o'clock Craig Tolliver had stationed this force at every

point of vantage. Then he and Bowling appeared at the front door with

Winchester rifles gleaming in the sunlight. For the first time the

inmates of the house seemed aware of the presence of the enemy. There

was apparently no chance of escape. Every door was securely guarded.

Tolliver was met at the door by the brave Martin girls who demanded

an explanation for the intrusion. Tolliver demanded the surrender of

Cook Humphrey and any other man or men that might be with him. The

girls stoutly denied the presence of any one save the members of the

family. Tolliver knew this to be false. With his own eyes he had seen

Rayborn that morning. He charged the girls with duplicity and forced

his way into the house. No one was found on the first floor. Then they

attempted search of the upper story. At the stairway a shotgun suddenly

belched forth fire and flame into the faces of the Tollivers. Craig's

face and part of his body was filled with shot, the gun stock shivered

to pieces in his hand. He sank upon the steps and rolled helplessly at

the feet of his companions. Bowling miraculously escaped unhurt.

Craig Tolliver was immediately placed upon a horse and sent to Morehead

for repairs. The others, not daring to force the stairway, went outside

and contented themselves with firing through the doors and windows. The

fusilade continued incessantly for a long time. Black smoke hung like a

cloud over the premises. If the Tollivers hoped to force the surrender

of Humphrey and his companion by mere intimidation, they soon saw their

mistake. These two men were brave to the core. Besides, they preferred

to die fighting rather to being mercilessly butchered as helpless

prisoners. They remembered the fate of John Martin.

Finally Humphrey managed to make himself heard through the din and

crash of battle. He informed his assailants that he was there in the

house and that by virtue of his office as sheriff of the county none

but the coroner had the legal right to arrest him. The Tollivers

sneered at this speech. They had not come to uphold the law; they had

succeeded in trapping the enemy, and meant to use the advantage they

had gained. Hours thus passed. All day the guns roared into and from

the house. The sun was sinking rapidly toward the western horizon;

the shades of evening grew longer. As long as daylight lasted the

assailants had kept covered and protected, held at bay by the brave

defenders. But in the dark of night, the end must come. They could not

prevent a simultaneous attack from the entire force of the assailants.

Surrounded on every side, escape seemed well-nigh impossible. Yet

Humphrey essayed to make a sortie with his companion, hoping thereby to

draw the fire of the enemy upon themselves and to thus at least relieve

the women in the house of further danger of death which had threatened

them every moment throughout that long day. It was a desperate

undertaking, with ninety-nine chances in a hundred against its success.

But Humphrey was brave, and so was Rayborn. As expected, the instant

they emerged from the house a shower of balls greeted them. They ran

for their lives. Rayborn sank, rose and fell again, to rise no more.

His body was riddled. Humphrey, however, seemed possessed of a charmed

life. Though his clothing was torn to shreds, his body received not a

scratch.

Satisfied now that there were no more men in the house, the Tolliver

clan crowned their infamous day's work by setting fire to it. The

inmates escaped without even necessary clothing. The body of Rayborn

was left lying where it had fallen until the next day, protected from

mutilation by dogs and hogs by a rail pen which had been built around

it by the heroic Martin girls.

The excitement that prevailed in the county when the news of the

cowardly attack upon the Martin home became known, can better

be imagined than described. The lover of law and order was

terror-stricken. The question was asked in whispers--"Where will it all

end?" The County Judge was a well-meaning man, but utterly incompetent

as an officer, possessing none of the qualifications for such an office

in a county like Rowan at such a time of lawlessness and anarchy. He

was weak and timid. Always in fear for his life, he completely lost his

head.

Warrants were at last issued upon the affidavits of the Martin girls

against Craig Tolliver, Jeff Bowling and a number of others, charging

them with murder and arson. An examining trial followed. At that time

such trials were held before two justices of the peace. One was said

to be a Martin sympathizer; the other stood accused of being under the

thumb of the Tollivers.

The court's decision gave color to these suspicions. One of the

magistrates decided for commitment of the prisoners to jail without

bail; the other declared that no offense had been proven. Under

the law then existing this disagreement of the court permitted the

murderers to go _free_.

The trial was a pronounced farce. Afterwards some of the parties were

indicted by the grand jury for arson, but none was convicted and the

murder charges against them all fell.

Jeff Bowling, one of the most desperate of the Tolliver faction,

removed from the county of Rowan a short time afterward, and settled

in Ohio, where he continued his career of crime, evidently believing

that there, as well as in Kentucky, none dared molest him. He saw his

mistake too late.

It appears that his mother-in-law had married a wealthy farmer named

Douglas, of Licking County, Ohio. It had been due to the persuasion

of Douglas that Bowling left Kentucky and settled in or near his Ohio

kinsman. Bowling had resided there but a short time when Douglas was

found one morning in his barn--murdered. The finger of suspicion

pointed to Bowling as the only one who had a tangible motive for the

commission of the crime. He was promptly indicted, tried and sentenced

to death, but the sentence was finally commuted to life imprisonment.

He served seven years of his time and moved to Texas.

Humphrey, after his miraculous escape from the Martin house, had

become thoroughly convinced that it was impossible for him to longer

continue in the office of sheriff and resigned, William Ramey being

appointed and qualified in his stead.

Craig Tolliver for a time absented himself from Rowan County. He turned

up in jail at Cincinnati, imprisoned on the charge of robbery. He was

tried, acquitted and returned to Rowan County, when trouble started

anew.

Several killings occurred in the county during the year, some of which

had, however, only remote connection with the feud. John G. Hughes was

killed by a mob styling themselves "regulators." Wiley Tolliver, son

of L. H. B. Tolliver, was killed about Christmas, 1885, by one Mack

Bentley, during a drunken row.

Early in 1886, the murder of Whit Pelfrey, at Elliottsville, Rowan

County, came near precipitating another outbreak. He was stabbed and

killed by Tom Goodan, brother of S. B. Goodan, a prominent Tolliver man

and brother-in-law of Jay, Bud and Wiley Tolliver. Pelfrey, known as

a strong Martin sympathizer, was an influential citizen and wealthy.

Goodan was tried for this murder, but acquitted.

The year 1886 brought with it an annual election at which all county

officers were to be chosen. Each faction had its candidates in the

field. It may, therefore, be easily imagined that neutral citizens

remained in a state of constant anxiety and apprehension.

Cook Humphrey and Craig Tolliver roamed through the county at the head

of large forces, frequently entering the town of Morehead and parading

the streets in defiance of each other.

On July 2nd, 1886, it being County Court day, a warrant of arrest was

placed in the hands of Sheriff Ramey for the arrest of Humphrey, who

was in town that day. The officer went in search of and found him

near the store of H. M. Logan. An altercation ensued between the men,

both drew their pistols and began firing. Friends of both parties

became involved and the shooting became general. When the fight was

over it was found that the sheriff and his son and deputy, were both

dangerously wounded, while W. O. Logan, H. M. Logan's son, a youth

hardly twenty years of age, was killed.

Immediately after the fight the factions retired to their headquarters

and prepared for another conflict. The County Judge was prevailed upon

to demand troops. His request was readily granted and a detachment of

State Guards, commanded by Major K. W. McKee of Lawrenceburg, hastened

to the scene of the trouble.

When July 3rd came, the citizens, women and children, trembled with

fear of a bloody conflict. At the quarters of the factions guns and

pistols were cleaned, oiled and loaded, cartridge belts filled--every

preparation made for battle.

Then the long-drawn notes of a bugle floated in the morning air--the

astonished people peered through the windows and beheld in the court

house yard a long line of soldiers, their guns and bayonets glistening

in the morning sun. There was a sigh of relief--danger had passed for

the moment.

The troops remained at Morehead until some time in August. It was

due to their presence that the election passed off without violence

and bloodshed. When Circuit Court convened, the Commonwealth was

represented by the Honorable Asher C. Caruth, Commonwealth Attorney of

the Jefferson Circuit Court, and afterwards member of Congress from the

Louisville District.

As at this time practically every citizen in the county was aligned

on one side or the other, it seemed impossible to secure juries that

would try cases impartially and without prejudice. This state of

affairs did not escape the attention of Mr. Caruth. The result of

his investigations of affairs in Rowan County resulted in a _nolle

prosequis_, qualified by certain conditions, of the charges against

the Tollivers and Humphrey. His proceeding in this respect is contained

in the following report to Judge Cole, presiding judge of the Circuit

Court:--

Hon. A. E. Cole,

Judge of the Rowan Circuit Court.

Under your appointment I have acted as Commonwealth Attorney pro

tempore at the special July and present August term of the Rowan

Circuit Court. I have given the felony docket, over which alone,

under the present law, I have jurisdiction, careful study and

attention. I have also investigated as thoroughly as a stranger

to the people of Rowan County could do in the limited time of my

service, the causes which led to the present unhappy condition of

affairs, and have sought to find a remedy for the evils afflicting

this people.

I find it to be the opinion of the law-abiding citizens of all

parties that the public peace could be best secured by the

continued absence from the county of Rowan of the acknowledged

and recognized leaders of the two rival factions--Craig Tolliver

and Cook Humphrey. Against the former there is now pending one

felony charge, that of false arrest and imprisonment. Against

Humphrey there are three indictments for felony on the docket,

each for conspiring, etc., to commit personal violence. I have

the written request of each of these persons accused to suspend

further proceedings in their cases, coupled with a promise on the

part of each to leave the county of Rowan never to return unless,

temporarily, to attend the funeral of some immediate relative....

The persons charged to have been injured by their acts also

request this disposition of the pending cases. It is the opinion

of the members of the grand jury now in session, and of the vast

majority of the citizens of the county, that this disposition

of the cases will do much to restore peace and confidence to

the community. After full consultation with the members of the

bar residing here or practising here, with the commander of the

forces now stationed at the county seat, and with citizens of high

position and authority in the Commonwealth, and considering the

_uncertainty of the criminal trials_, I am convinced that this is

the best available method to secure the end in view. No harm can,

by this means, be done the State, because, should the agreement be

violated, the cases can at once be set for trial and prosecutions

made.

The following written agreements were then signed and attested:

Asher G. Caruth,

Commonwealth's Attorney pro tempore,

14th Judicial District:--

I request you to suspend any further proceedings in the cases now

pending in the Rowan Circuit Court against me, and promise that I

will remain away from the county of Rowan permanently. Should I

ever return to said county I am willing that the cases shall be

redocketed and the trials proceed. I will leave said county on

or before the 8th day of August, A. D. 1886. In this agreement I

reserve the right, in the event of the death of any of my immediate

relatives, to return to attend their burial, but I must immediately

thereafter leave the county to permanently remain away.

(Signed) CRAIG TOLLIVER.

Attest: D. B. Logan.

A similar agreement was prepared and signed by W. C. Humphrey, attested

by G. A. Cassidy.

We do not wish to criticise Mr. Caruth's course in this matter, but

it occurs to us, and must occur to the reader, that the practice of

compromising with outlaws proves a weak-kneed administration of the

law. It seems that a man or set of men may terrorize a community as

pleases them, then demand of the authorities immunity for crimes, on

certain _conditions prescribed by the criminals_. Mr. Caruth acted for

the best interests of the community, as he believed. Aware that juries

were partial or prejudiced, he realized that trials in Rowan County of

either of the factions would result in injustice one way or another.

The Grand Juries were corrupt and accustomed to wreak vengeance on

some and whitewashing others. The selection of trial juries was so

palpably unfair that visiting lawyers commented upon it and afterward

testified before the legislative committee to that fact. Several court

officers were undisguised partisans. It seems to us, however, that

these cases might have been removed from the county and tried elsewhere

upon a change of venue. At any rate, the compromise effected by Mr.

Caruth proved not only unsatisfactory, but ill-advised. The success

of his scheme was founded upon the belief that the parties to the

agreement would adhere to the pledge to leave the county. He did not

understand the character of Craig Tolliver. To secure his signature

to an agreement that would put an enemy out of his way was one thing,

to make him keep it, another. Tolliver remained absent from Morehead

long enough to assure himself that the indictments against him were

dismissed, when he promptly returned. Although the compromise was

based upon the understanding that if either returned except under the

conditions recited in the agreement that the indictments against the

party so returning should be redocketed and revived, _this was never

done_. Tolliver was free to continue his career of crime. Humphrey

kept his word, and never violated his pledge. He sold out his earthly

possessions in Rowan County and bade farewell to his native State.

Previous to his election as sheriff Humphrey had been a highly esteemed

citizen, a man of exemplary character, of amiable disposition. His

fatal connection with the feud was mainly due to his unfortunate

selection of Stewart Baumgartner as his deputy. The latter was a

citizen of Elliott County, where he had a reputation for violence and

desperation. Pursuing the same course in Rowan, Humphrey's association

with him made him many enemies. Baumgartner's connection with the

Martin faction compromised Humphrey; thus step by step he was thrown

into the whirlpool of trouble. The formerly quiet, inoffensive citizen

grew dangerous and violent; the dormant, unholy passion of revenge was

aroused. Humphrey became for the time being a character dreaded by

those that opposed him. At the time of his participation in the feud

he was yet in his twenties and unmarried. After leaving Kentucky he

went West, never to return to his native heath until after the death of

Craig Tolliver and his followers, and then only on special business.

With Humphrey gone, the Martin faction practically disbanded. Had

Tolliver observed the treaty stipulations as faithfully and honestly as

did Humphrey, this chapter might end here. The writer would be spared

the unpleasant task of continuing the record of violence, murder and

anarchy. It is evident that Tolliver had entered into this agreement

with the avowed purpose of violating it. He had every reason to believe

that Humphrey would observe it. He out of the way, there stood no one

to dispute Tolliver's undisputed sway in the county, especially at

Morehead. His adherents remained faithful and joined him. They did as

they pleased, in fact had things their own way. If the authorities

did not dare molest them, who should? A few of the citizens who had

attempted a mild protest against Craig Tolliver's dictatorship, were

easily intimidated by keeping them in constant fear of death or

destruction of their property.

Saloons were opened and operated without license. Magistrates refused

to issue warrants, knowing that such an act would forfeit their lives.

Had the warrants been issued, no officers could have been persuaded to

execute them. The residences and grog shops of the Tollivers resembled

and were arsenals. An effective and favorite method of Craig Tolliver

to rid himself of any, to him, undesirable citizens, was to send a

written communication to them, setting forth the fact that Rowan County

could dispense with their presence, and that on a certain day in the

near future certain funerals would take place unless they were gone

from the county. A funeral is not a pleasant function at any time, and

the prospect of one's own set for a definite time, has a tendency with

many persons to try hard to avoid it, if possible. It was, therefore,

not surprising that parties thus notified preferred absence from the

county to being principals at funerals. A few regarded those letters as

idle and meaningless threats, but the sincerity of the advice could no

longer be doubted or questioned when several prophesied funerals did

take place.

To detail the circumstances of the various killings that occurred

during that stormy period of Rowan County would prove tedious. Suffice

it to say, that from the first Monday in August, 1884, to the 22nd

of July, 1887, twenty-three men were killed in Rowan County. No

convictions were secured for any of these murders. But of this later on.

On October 20th, 1886, H. M. Logan was shot from ambush in the streets

of Morehead, while walking from his place of business to his residence.

The wound was dangerous but not fatal.

Judge Carey came in for a full share of the enemy's hatred and

vengeance. His hotel was frequently fired into at night by parties

armed with needle guns and large calibre Winchesters. His house assumed

the appearance of having been struck by a cyclone. Windows and doors

had been completely shot away and the walls perforated in a thousand

places. It required neither doors nor windows to admit daylight.

The Exchange Hotel shared a similar fate. It was managed by H. C.

Powers, another Humphrey adherent.

This kind of argument was convincing, more forcible than words or

letters. Powers and Carey both felt a sudden desire to remove from the

atmosphere of Morehead, concluding that Covington, Kentucky, possessed

greater allurements for the time being than did their home town. Both

remained away from the county until after the bloody, final battle at

Morehead in 1887. Unfortunately, we have no authentic account of the

leave-taking between the Tollivers and Carey and Powers. It must have

been very affectionate, since the Tollivers had exhibited such concern

for their safety, comfort and health as to persuade them so urgently to

remove to a happier and better land.

Howard Logan (H. M.) too, had enough of this joke about funeral

predictions. He could not see the point of it, and concluded that

Ashland, on the banks of the beautiful Ohio, would be the proper place

to recover from his labors and see the world. He also remained away

until after the annihilation of the Tollivers. There were a number

of others who seemed suddenly seized with a fever to emigrate. Among

them were John R. Powers, James E. Clark, a prominent lawyer, who

found a more congenial home at Unionville, Clark County, Missouri;

James Brain, a brother-in-law of Judge Carey; R. C. Humphrey, brother

of Cook Humphrey; both of whom settled in Missouri. Many others

"scouted" in neighboring counties until the return of peace. Judge

Tussey, brother-in-law of the murdered John Martin, on the advice and

persuasion of his wife, remained absent in Carter County and returned

only to take part in the final drama.

Nearly all of the parties who were thus driven from the county, were

men of wealth and business capacity. Removals continued. The magnitude

of the exodus may be realized by examining the figures giving the

population of the county seat, Morehead, from 1885 until the early

part of 1887. In 1885 Morehead was a flourishing town of more than

seven hundred inhabitants. Within two years this figure was reduced to

less than three hundred. More than _half_ the population had removed.

Private residences and storehouses stood empty, with windows nailed

up or were taken possession of by the Tollivers whenever it suited

their fancy. The Tollivers made up the population. The offices of

police judge and town marshal were filled by Tollivers. On June 1st,

1887, Craig Tolliver had the entire town under absolute control. He was

elected police judge without opposition. He did a driving business,

selling whiskey, without license, of course. The law as to obtaining

license to sell liquor applied not to him. He was above the law. He

took possession of the Exchange Hotel, which H. C. Powers had left

without a tenant, by right of conquest. Why should he have troubled

himself with renting property when houses stood empty, and he was

monarch of the town! The property of his enemies was his--the spoils of

war.

The Central Hotel was placed at the disposal of Tolliver by its owner;

the former leased it to Bunk Mannin and his brother, Jim Mannin. These

two were Craig Tolliver's constant associates. He had brought them from

Elliott County. Knowing their reputation as desperadoes, he created

them his body-guard. Bunk Mannin, bloodthirsty, brutal, but courageous,

believed he could serve his chieftain best by capturing the office of

town marshal. He set himself up as candidate and was elected without a

whisper of opposition. As town marshal and hotel keeper, he opened a

saloon at the Central Hotel, operating it in the manner of the one run

by Craig Tolliver, in violation of the law. Bud Tolliver was made a

member of the town council. Craig Tolliver's triumph was now complete.

The midnight carousals, the continuous discharges of Winchester rifles

and pistols, made night hideous. Persons of unquestionable courage grew

nervous. At this period the exodus of the inhabitants was greatest.

Social functions were out of the question. Adjutant-General Hill says

in his report to the Governor, after the final battle of July, 1887:

"One night while I was there the young people of Morehead had a

social at the home of a prominent citizen, and I was told that it

was the _first event of the kind which had occurred in the little

town for years_."

The Tollivers controlled the court and the grand juries. A witness

daring enough to indict them for their many offences was certain to be

indicted for some imaginary offense in return for his audacity. Thus

during one court, shortly after the "shooting up" of the Carey House,

two daughters of Howard Logan testified before the grand jury and

indicted one Dr. Wilson for participating in the riot. The same evening

the grand jury returned indictments against the two young ladies for

"false swearing."

The secrets of the grand jury leaked constantly. Every word of

testimony uttered before it was promptly and minutely reported to

the Tollivers. Mrs. Martin, who had been a witness against them on

several charges, was indicted for sending a poisoned turkey to a

Tolliver sympathizer. Is it a wonder that Attorney-General Hardin

stigmatized the whole machinery of justice in the county as "rotten"?

Is it a wonder that crime was rampant and of daily occurrence? Is it a

wonder that outraged manhood at last took the law in its own hand and

annihilated the outlaws?

Sometime in the latter part of 1886, or early part of 1887, H. M.

Keeton, constable of Morehead precinct, was shot and killed by Bud

Tolliver. Keeton, too, had been duly served with notice of the date of

his funeral. Remaining in the county, he furnished the body.

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

At the February term of the Rowan Circuit Court (1887) Dr. Henry S.

Logan, R. M. McClure, John B. and W. H. Logan and Lewis Rayborn, were

indicted for conspiracy to murder Circuit Court Judge A. E. Cole, James

H. Sallee, Commonwealth's Attorney, and Z. T. Young. All the parties

indicted were prominent citizens and of such a character that those

not prejudiced against, and acquainted with them, at once declared the

charges false. The entire transaction bore the ear-marks of a shrewdly

laid plot to rid the county of these men, who had become objectionable

to _Czar_ Craig Tolliver because they had dared to criticise his rule.

The indicted parties were arrested and confined in jail, their bail

having been placed at an exorbitant sum. They were hustled off to

Lexington for "safekeeping." John B. and W. H. Logan gave bond and

returned to their home, about four miles distant from Morehead. Their

father remained in prison.

When it became known that James Pelfrey was the chief witness against

them, it seemed easy to see through the whole affair. Pelfrey's black

character was well-known by some of the Tolliver clan, and to this

unscrupulous man they had turned to effect their villainous conspiracy.

A suitable story was concocted and rehearsed. With it Pelfrey appeared

before the grand jury, and loaded upon his sin-stained soul the

dastardly, black crime of perjury. After their return home the Logan

boys lived quietly and alone, taking charge of the farm in their

father's absence. W. H. Logan (Billy) was a consumptive, twenty-five

years old, and almost reduced to a skeleton by the dread disease. His

brother, J. B. Logan (Jack) was a youth of eighteen.

On the 7th of June, 1887, a disreputable character named Hiram Cooper,

who lived in the neighborhood of the Logan boys, came to Morehead and

swore out a warrant against the Logan boys and their cousin, A. W.

Logan, charging them with confederating and banding together for the

purpose of murdering him (Cooper). This act was in pursuance of the

original plot to rid the county of the family, which, however, had

failed to some extent when the boys had succeeded in giving bail and

were released from prison.

Craig Tolliver, the police judge, issued the warrants. They were placed

in the hands of his confederate, Town Marshal Bunk Mannin, who summoned

a posse of _ten_ men to assist him in the execution of the warrants

against the two boys. Among these _brave_ officers were Deputy Sheriff

George Hogg, Bud Tolliver, Jay Tolliver, Cal Tolliver, Hiram Cooper and

one Young.

Completely ignorant of the impending danger, the boys were found at

home. The first warning they had of the approach of the assassins,

under the guise of officers, was the rapid firing of guns. The boys,

terrified, ran up-stairs, Mannin and Craig Tolliver rushing after

them. Jack Logan seized a shotgun, and over the earnest protest of his

brother Billy, fired into the body of Mannin, inflicting a painful,

but, unfortunately, not fatal wound. Mannin and Craig Tolliver

retreated from the house, while the boys waited tremblingly, with bated

breath, for developments. They saw there was no hope for them. The

smell of burning wood and clouds of smoke told them of their peril. By

order of _Judge_ Tolliver the posse comitatus had built a fire on the

porch intending to burn the house, and thus force the boys to come out.

The crackling of flames, the shouts and cruel, derisive laughter of the

brutal band outside presented a scene such as we read of with horror

in the stories of the Indian wars. Deputy Sheriff Hogg then _requested

permission_ to extinguish the flames. The other "representatives of

the law" consenting, a parley was held. Hogg went into the house and

offered the boys the alternative of surrender or death by fire. They

naturally chose the former, hoping against hope that some miracle might

yet save them, or that, perhaps, their appearing unarmed, might move

the band with compassion and mercy. However, before leaving the house,

they wished assurance that their lives should be protected. Deputy

Sheriff Hogg reported to Craig Tolliver, and that redoubtable officer

of the Commonwealth authorized him to _promise_ them protection. This

assurance was then communicated to the boys, supplemented by the

personal guaranty of Sheriff Hogg. The boys determined to leave the

house.

Billy Logan went down-stairs in company of Hogg. The younger boy was

yet reluctant to trust himself into the hands of Craig Tolliver and

Bunk Mannin, the town marshal, but being again assured that no harm

should come to him, he, too, followed and emerged into the yard. They

were led away some fifty feet from the house to near a spring. There

John Mannin opened fire upon the elder boy, shooting him in the back.

This was the signal for a general fusilade by Craig Tolliver, Bunk

Mannin and others. The boys fell dead. Not satisfied with their deaths,

the heartless assassins, among whom Town Marshal Mannin was the most

ferocious, trampled the prostrate forms, stamped them, and poured

volley after volley into the dead bodies, thus mutilating them beyond

recognition.

They were left lying where they had fallen, a gory, shapeless mass, the

glassy eyes upturned to the sky, in mute appeal to God to avenge this

horrible assassination. God saw, and retribution followed close upon

the heels of the inhuman wretches.

Deputy Sheriff Hogg testified afterwards that he ran away as soon as

the firing began. The murderers joined him, however, before he had

reached town. On the brow of a hill overlooking Morehead Craig Tolliver

halted the red-handed band and instructed them all to tell the same

tale--that the boys were killed in resisting arrest, and that their

killing had been an absolute necessity.

On the following day D. Boone Logan, a cousin of the murdered boys,

accompanied by H. M. (Hiram) Pigman and Ap. Perry, went to the

Logan homestead, and found and cared for the mangled remains of his

relatives. On that evening, upon their return home, they were warned

that they would share a similar fate in the event they attended the

funeral.

Up to the time of the murder of the Logan boys neither D. Boone Logan

nor Pigman had taken any active part in the feudal strife, indeed they

had carefully kept aloof from any act or speech that might in any way

connect them either directly or indirectly with the faction. Boone

Logan had attested the agreement signed by Craig Tolliver to remove

from the county. But beyond this he had remained neutral. Not content,

however, with foully murdering his young relatives, Craig Tolliver

sent to Boone Logan the exasperating message that he must leave, that

he, Tolliver, would rent his house, and hire Logan's wife out to make

a living for her children. By threatening D. B. Logan, Craig Tolliver

made the mistake of his life. He conjured up a storm which passed soon

beyond his power to control. When it broke loose in all its fury on the

22nd day of June, and the streets of Morehead ran red with blood, the

desperadoes experienced at last the lash of an avenging God.

Boone Logan made futile efforts to have the murderers arrested. After

several days had elapsed, Bunk Mannin, the town marshal, went to Logan

and told him that he wished to have a trial, and that the Tollivers

were also ready for trial. "But," said Mannin, "it must be understood

that we attend court with our Winchesters." Judge Stewart was also

notified by the Tollivers that they wished a trial, to which request

Judge Stewart made answer that he "would not hold a bogus trial" and

refused to try the case.

Logan, Pigman and Ap. Perry, in danger of their lives, yet burning

with indignation, entered into a solemn compact to effect the arrest

and trial of all the parties engaged in the murder of the Logan

boys. A resolution made by such men as Boone Logan and his friends

meant something more than mere words. They, too, were men of action.

They went to work in the preparation of their plan with coolness and

circumspection. Caution was needed indeed. They first attached to their

cause a number of men upon whom they could rely. Meetings were held

at secret places. Boone Logan was at once chosen as the leader in the

enterprise. In the prime of manhood, of fine physique and intelligent,

he was just the man to place at the head of such a hazardous

undertaking. Combining indomitable courage with prudence, sagacity and

coolness, he was also a man of unflinching determination. Such was the

man with whom the Tollivers now had to deal. Educated, a lawyer of

prominence, and a polished, quiet gentleman, one would scarcely have

picked him out as the man to oppose the outlaws, to attack them in

their very stronghold and give them battle.

Logan and Pigman avoided being seen in each other's company, yet the

Tollivers by some means had learned of their secret meetings, and,

growing suspicious, began hunting them high and low. To relate the

many narrow escapes these two men had from death would fill pages.

Every road was patrolled by the Tollivers, passing trains were

searched, inquiries made everywhere, and insulting messages sent to

Logan's family. Shrewdly he avoided any encounter, but with dogged

determination continued his preparations.

On the 16th day of June Boone Logan eluded the vigilance of the

Tollivers and succeeded in reaching Frankfort, Ky., where he asked

for, and was accorded, an interview with Governor Knott. To him

Logan related the existing conditions in Rowan County, the despotism

exercised by Craig Tolliver and his associates in crime, the horrible

murder of the Logan boys, for which no one had as yet been molested,

and asked for troops to effect the capture of the outlaws. The Governor

listened attentively to Mr. Logan's representations, but replied that

he had already sent soldiers to Morehead at the cost of many thousands

of dollars to the State, with no other result than aiding courts in

committing travesties of justice; that under the circumstances he could

not see his way clear to repeat his experiences with that county. He

then asked Logan what per cent of the population was actually engaged

in the trouble, and on receiving reply, answered that the good citizens

being so largely in the majority, they should be able to themselves

put down lawlessness. Logan admitted that he could find a number of

citizens who would be willing to aid him in arresting the outlaws if

they could secure the necessary arms. He asked the Governor for the

loan of a few guns from the arsenal at Frankfort, offering to give

satisfactory security for their safe return. The Governor explained

that such a course was unwarranted and a matter beyond his control.

Logan's face turned almost livid for a moment. He did not blame the

Governor, who acted under the law. But he became exasperated at the

thought that a band of murderers were under the law permitted to remain

in undisputed possession of his county, his home, while the Governor

seemed without authority to come to the rescue of order and to maintain

the dignity of the law. Courts had refused to do their duty; officers

championed openly the cause of the murderers; peaceable citizens had

been driven from their homes--anarchy reigned supreme. These thoughts

filled his brain. Before his mind's eye appeared the mangled remains

of his cousins. He feared for his wife and children at Morehead. His

home might at this moment be reduced to ashes and its inmates burned

or shot. The young man's eyes gleamed with a dangerous fire. His lips

quivered while the strong heart beat almost audibly with excitement,

indignation and utter disgust. At last he spoke, slowly, firmly, every

word full of meaning. It was then he made his famous reply, so often

repeated and commented upon:

"Governor," he said, "I have but one home and but one hearth. From

this I have been driven by these outlaws and their friends. They have

foully murdered my kinsmen. I have not before engaged in any of their

difficulties--but now I propose to take a hand and retake my fireside

or die in the effort."

Future events proved that these words were uttered for a purpose

other than mere dramatic effect. The flashing eye told plainly of the

passions that had been kindled in his heart, and the Governor could not

but admire the man's just indignation and determination to do what the

highest authorities in the State could not do.

The action of Governor Knott in refusing to send troops to Rowan County

has been criticised by those ignorant of the law and the powers of the

Governor in such cases. The law lays down the scope of his authority.

The power of the county had not been exhausted in bringing about, or

attempting, the apprehension of the criminals. He had already responded

with troops to protect the court only to find that the authorities

showed the white feather; that compromises with criminals had been

entered into; that juries and officers were corrupt, and when trials

had occurred had proved a farce. No doubt in his heart he wished for

Logan's success. The man had made futile attempts to live peaceably.

Now he intended to act in self-defense. The government cannot help

him--he must therefore help himself. A man's home, no matter how humble

it may be, is sacred as the King's palace in the eyes of the ancient

common law. To defend it from intrusion and attack is man's God-given

right, his duty; Boone Logan set about to retake his fireside.

Kentucky's Famous Feuds and Tragedies Authentic History of the World Renowned Vendettas of the Dark and Bloody Ground · 第 13 / 48 题