Louisville, Ky., November 27th, 1889.
To the Adjutant-General, Frankfort, Ky.
Sir:--Under instructions contained in your letter of March 8th,
1888, handed me at Hazard, Perry County, Kentucky, I have the honor
to submit the following report:--
Pursuant to General Orders Nos. 38 and 39, issued from regimental
headquarters, and authorized by Executive Orders, I left Louisville
October 30th, at 8.05 P. M. with a detail of four commissioned
officers and 63 non-commissioned officers and privates, and 1
gatling gun, under instructions to report to Hon. H. C. Lilly,
Judge of the 19th Judicial District, at Hazard, Perry County,
Kentucky.
The detail occupied 2 passenger coaches and 1 baggage car, which
were attached to the regular 8.05 P. M. train on the Knoxville
Branch of the L. & N. Railroad. We arrived at London, Ky., about
two o'clock, and there our cars were sidetracked and the command
occupied them until daylight, when we disembarked, had breakfast
and started for Hazard, which is about 75 miles distant. We
traveled in wagons, which had been provided by Lieutenant J. H.
Mansir, Acting Quartermaster, who had preceded the command to
London for that purpose. To transport the command were required 14
wagons and teams, and 1 team for gatling gun. The officers were
mounted. Owing to the condition of the road, in places almost
impassable, the march was very tedious; the men had frequently to
dismount and help the teams up the hills or over rough places.
About 4 o'clock we went into camp for the night, and resumed the
march next morning at good daylight. We continued the march in this
manner from day to day, going into camp between 3 and 4 o'clock,
and resuming the march between 6 and 7. We reached Hazard at three
o'clock Sunday afternoon, November 3rd, 1888, it being the fifth
day out from London. On the second day of the march we were joined
by Judge Lilly, when about 25 miles from London. He remained with
or near the command until we reached Hazard. At various points
along the route we were met by the officials of the Perry Circuit
Court--the circuit court clerk, sheriff and deputy sheriffs--all
of whom were awaiting escort, and who accompanied the troops into
town.
Arrived at our destination, I found the court house unsuitable
for a camp-ground, and selected for that purpose a hill in rear
of the court house, and about 200 yards distant. It proved an
admirable site, being dry, easily picketed, in a manner secluded,
and affording good opportunity to command the town in case of
difficulty. We were comfortably encamped before dark, and entered
at once upon the routine of camp life, the full particulars of
which have been made known to you in my daily reports. I reported
for duty to Judge Lilly at the court house on Monday, the 5th
inst., at 9 o'clock A. M. He instructed me that he would not
require a guard at the court house or town just then, not deeming
it necessary, as but few people were in, and that in any case he
did not intend to try to do anything until after the election,
which occurred on the 6th, and that when he wanted a guard he would
let me know. I returned to camp and the judge adjourned court
until Wednesday, the 7th. Upon resuming Wednesday, the town being
well filled with people, the judge required a guard in the court
room as a precautionary measure, and entered formally upon the
business of the term. I noticed that in charging the grand jury he
dwelt at considerable length upon the crimes of illegal selling
of liquor and gaming, but passed murder with the remark that "it
was unnecessary for him to call the attention of the jury to the
fact that murder was a crime," and also when one of the attorneys
at the bar wanted to introduce a motion to reorganize the grand
jury, in order to get a jury that would indict certain persons
for murder, the judge informed him that he would overrule any
motion to that effect: "That if commenced, there would be no end
to it; that the jury was carefully selected, and was as good as
could be had in the county." The business of the court proceeded
slowly, the great majority of the cases having to be passed, owing
to the absence of the accused, or of important witnesses, whose
attendance it seemed impossible to secure. A few convictions for
minor offenses were secured, the penalty inflicted generally being
the lowest prescribed by law; besides these, but one important
case was decided, one man being sent to the State prison for one
year for shooting and wounding, receiving the lowest penalty. The
judge, in finally dismissing the jury, reprimanded them for their
leniency, and called attention to the light sentence imposed as
indicative of the state of feeling throughout the community. As
far as I could judge the court officials used every endeavor to
promote the ends of justice, but were effectually hampered by their
inability to make arrests and secure the attendance of witnesses
and get juries to convict. About the third or fourth day of the
court, B. F. French, one of the principals in the French-Eversole
feud, was brought into town by the sheriff of Breathitt County.
He was surrounded by a posse of about twenty men who rode in in
good order, in column of twos, each man holding his rifle at
an "advance." They went at once to French's residence, where
they remained during the court. I believe French was nominally
surrendered to the sheriff of Perry County, but was permitted to
remain in his house and was constantly surrounded by the Breathitt
County posse, which was made up of his friends and followers, and
which was represented to me as containing some of the worst men
in Breathitt County. So threatening was their appearance that the
judge commanded them to surrender their arms to me. They at first
refused, but finally brought nine rifles into camp, and, I suppose,
hid the balance, as they did not appear any more under arms. The
rifles surrendered to me were the 50-calibre Springfield, exactly
the same gun as the State Guard was formerly armed with. I returned
them to the posse, on an order from the judge, when they left town.
French, although under arrest, went constantly armed, and seemed to
be under no restraint. A day or so after his arrest he went into
court, gave bond for himself and several of his followers and was
released from arrest, but remained in town until near the end of
the term, when he left for Breathitt County, surrounded by an armed
guard similar to that which brought him in.
Perhaps the most important event of the trip was the formation of a
military company at Hazard, the organization of which was commenced
by yourself during your stay there, and completed by me, acting
under your instructions. I have made full reports of this event
to your office, with roster of company and report of election of
officers. I respectfully recommend that this company be encouraged
in every way possible, as in my opinion it will have a quieting
effect upon the turbulent element in Perry County. The company is
largely made up of the men selected by yourself, and who are, as
near as possible, unbiased in the feuds of the county. The officers
appear to be good men for the positions to which they were elected,
and enjoy the respect of the community.
As the end of the term approached, and being without orders to
govern my further movements, I despatched Lieutenant Gray, who
volunteered for the service, to London, on Saturday, the 9th inst.,
with a telegram to your office asking for instructions. I waited
until the last day, knowing Judge Lilly had asked the Governor
for troops over his entire circuit. You had instructed me that
definite orders would be sent me in time to act. The order did
arrive Monday afternoon, having been delayed two days in the mail,
and was to return to Louisville. I immediately made arrangements
to break camp, and Lieutenant Gray having returned Tuesday night
with telegram confirming the above order, the command left Hazard
Wednesday, the 20th. Judge Lilly remained in Hazard, awaiting
action of the Governor in regard to his application for troops,
and his request for these being refused, he decided not to go any
farther on his circuit, and left Hazard with us. He parted with us
finally the next day, a few miles out from Hazard, and I believe
returned to his home.
I desire to express my thanks to Judge Lilly for the uniform
kindness and courtesy of his bearing toward myself and my command.
The return trip was made in the same manner as the outward one, and
by the same means, but was even more trying on the command, as the
weather was colder and the roads worse. We reached London Sunday,
27th, about three o'clock P. M. We found cars ready for us, and at
once occupied them. They were attached to the one o'clock A. M.
train and arrived at Louisville Monday morning, the 28th inst.,
where the command, having disembarked, were marched to the armory
and disbanded.
This ended a service somewhat unique, even in the varied experience
in the Kentucky State Guard.
That it was productive of good there can be no doubt. It impressed
the people of the community that the State was determined to assert
her power and majesty, and that they would no longer defy the law
with impunity. The officials of the court and residents of the
town and county were unanimous in the assertion, which was made
to me repeatedly, that the term of the court could not have been
held without bloodshed, except for the presence of the troops, and
I believe this to be true. On the day of the national election
there was not the slightest disturbance, although several murders
and affrays were reported from adjoining counties, in Hazard,--a
thing almost unprecedented in its history. We had here the same
experience that the State troops have always had on similar
service, that is, the police power of the State is universally
feared and respected. That there will be more bloodshed before
this feud is settled was the opinion of all to whom I spoke on the
subject. The men engaged in it are vindictive and daring, and will
use any means to escape punishment or gratify their revenge. That
the people really believe this, is shown by the fact that many of
them had left the town permanently. The circuit clerk and county
judge, both residents, left when we did with the intention of not
returning. Half the houses in town were unoccupied, and one of the
citizens lamented to me the fact that whereas they formerly had
150 inhabitants they now had but seventy. The moral condition of
many of the people of this section is indeed deplorable. There is
not a church of any kind in the county, but few schools, and they
of the most primitive sort; not half of the murders committed are
ever made known to the public; many of the people live in the most
squalid poverty and social degradation; incest of the vilest sort
is frequently practised, and the marriage ceremony is constantly
ignored. I have counted as many as fifteen children, who, with
their parents, occupied a small cabin, containing one room. It is
from such conditions that the disordered state in the community
arises, and in my opinion they cannot be fully removed until
advancing civilization and development bring new people and new
incentive to labor.
This state of affairs renders it very difficult for the civil
officers to perform the duties satisfactorily, as a majority of
the people seem to have sunk into a kind of apathy regarding crime,
and hold aloof from any effort to enforce the laws. The fear of
secret assassination or "bushwhacking" hangs like a pall over the
entire section, so that those who would otherwise aid in enforcing
order do not care to risk their lives in the attempt. I will state
an instance showing how widespread this fear is: Several of the
men in French's body guard were wanted in Knott County, and the
warrants for their arrest were brought to Hazard by a _woman_.
Neither is this fear groundless, as is shown by the fact that more
than twenty men have been killed in the French-Eversole feud,
most of them being shot from ambush. This is the secret of all
the troubles. The people are held in terror by a few desperadoes.
The peaceable and respectable citizens largely predominate in the
county, and could they be assured of protection, would soon put an
end to the disorders. In closing this report, it gives me great
pleasure to refer to the conduct of the detail under my command.
Perhaps no part of the State Guard has ever passed through more
severe test of discipline and endurance. Certainly none have ever
responded more gallantly and faithfully to the demands made upon
them. The march from Louisville to Hazard and back was particularly
trying, the camp each night being but temporary, the men could not
make themselves comfortable and suffered severely from the cold.
The road is simply indescribable, being so rough that most of
the command preferred walking to riding in the wagons provided.
We frequently marched for hours in the water, the natural bed of
the creeks being the only available way through the hills, and
this was generally the best part of the road; at other times it
took all hands to help the teams up the hills, or keep them from
falling over precipices. Through it all the men were cheerful and
uncomplaining, and though allowed every possible liberty, there
was not a single serious breach of discipline, and but few even of
a trivial sort. This, I think, speaks well for the training and
reliability of the command from which the detail was taken.
The health of the detail....
Very respectfully,
Your obedient servant,
J. M. SOHAN,
Captain Commanding.
With the departure of the troops returned the same chaotic conditions
which had characterized the county previous to the term of court which
they had been sent to protect. During the spring term, however, a
number of indictments were found against law violators. This would, of
course, bring the accused, their friends and many witnesses to court,
at the following November term.
Judge Lilly refused to share the belief of the Governor that the Home
Guards would be able to suppress disorders and properly protect the
court. He failed to appear. An election for special judge resulted in
the seating of Hon. W. L. Hurst as judge pro tem.