The other leader of the Hargis faction, Ed. Callahan, died as violently
as did the victims which he has been accused of sending to their deaths.
The assassination took place Saturday, May 4th, 1912, in the middle
of the forenoon, at Crocketsville, a village some twenty miles from
Jackson.
Some two years before a similar attempt had miscarried, although
Callahan was then seriously wounded.
It has already been stated that Mose Feltner, John Smith and others
had in their confessions implicated Ed. Callahan and Judge Hargis in
various murders. After the confession John Smith had been released from
custody on the murder charges against him, and he became the bitter,
unrelenting enemy of Callahan and Hargis. John Smith was accused with
several others of shooting and wounding Callahan from ambush. Callahan
escaped death then by a narrow margin. From that time on he felt that
his end was near. He had been heard to say on several occasions that
his enemies would eventually get him, and they did.
After this attempt on his life he fortified his home and yard with a
palisade. It was so arranged that he could pass from the store to his
home under the protection of this stockade. But just two years later
even these precautions failed to save him. He was shot from an ambush
across the narrow valley while in his store. He stood practically on
the same spot when killed as he had been standing two years and one day
previous when he was shot from the same place and seriously wounded.
After the murder the Commonwealth found much difficulty in ferreting
out the murderers, or to secure proof which would convict them in a
court of law. Rumor readily pointed out the guilty men, but the State
could not rest its case on rumor alone. It must have competent evidence.
In the difficult task of securing it the Commonwealth was ably assisted
by a daughter of the murdered man. She, in fact, had taken the
initiative in the matter, rode fearlessly and untiringly night and day
making inquiries, listening, watching, employing spies to assist her,
until at last a number of men were arrested and held in the toils of
the law.
The men indicted were "Fletch" Deaton, Dan Deaton, James Deaton, Dock
Smith, Elisha Smith, Asberry McIntosh, Andrew Johnson, Abe Johnson,
Billy Johnson, Abe's son, Willie Johnson, John's son, "Red Tom"
Davidson, John Clear and Tom Deaton, Bill's son.
The story of the conspiracy which resulted in Callahan's final removal
from earthly activities, is a long one. It reads like a dime novel. The
setting of the story is dramatic. The court's opinion traces almost
step by step the various movements of the conspirators.
There are about seven principal places that figure in this tragedy
(quoting in substance the opinion): The home of Ed. Callahan on Long's
Creek, about one mile from the Middle Fork of the Kentucky River; Abe
Johnson's residence on the same river, about three or four miles above
the mouth of Long's Creek; the town of Buckhorn on the Middle Fork
River, about two miles above Abe Johnson's home; the home of John E.
Deaton, at the mouth of Caney on the North Fork of the Kentucky River;
James Deaton's home on Caney Creek, about two miles above its mouth,
and the town of Jackson, the county seat of Breathitt County, located
further down the North Fork, are the principal places referred to.
Fletch Deaton resided in Jackson; Callahan conducted a general store
next to his residence on Long's Creek, twenty miles from Jackson.
Two years and one day before the killing of Callahan he had been shot
and dangerously wounded by unknown persons concealed on the hillside
directly across the creek from the store.
The palisade built after that extended from his residence to the rear
of his store so that he could pass from one to the other without being
seen from the mountain across the creek.
The murder occurred on Saturday, May 4th, 1912, about the middle of the
forenoon. On the Sunday before he went from his home in a gasoline boat
in company with Clifton Gross, his son-in-law, to Athol, a railroad
station on the Middle Fork of the Kentucky River, and thence on the
following Monday he went to Jackson, which was the home of Fletch
Deaton and of his codefendants, Red Tom Davidson and Govan Smith.
Callahan was seen on the streets of Jackson on that day by several
people. He left Jackson on the train at 2.20 P. M. for Louisville to
buy a spring stock of goods for his store. His presence in Jackson, as
well as his departure for Louisville and the purposes of his visit,
were well known in Jackson. Several of the defendants who lived on the
Middle Fork, had gone down the stream on timber rafts and on their
return by way of Jackson saw Callahan at the railroad station at
Beattyville Junction on his way to Louisville. It was Callahan's habit
to ship his goods to Elkatawa, on the Lexington & Eastern Railroad,
where he would place them on freight boats and take them up the river
to the mouth of Long's Creek, thence on wagons to his home. He usually
accompanied the goods in person.
Several years ago Fletch Deaton's brother, James Deaton, was killed
at the mouth of Long's Creek in a fight, and Ed. Callahan and several
other persons were jointly indicted for that killing, but with his
usual luck escaped punishment for he was acquitted. Fletch Deaton aided
in the prosecution of Callahan, and bad blood had existed between them
since that time.
Furthermore, shortly before the killing of Callahan in May, 1912,
John Davidson, a nephew of Fletch Deaton, and a brother of "Red Tom"
Davidson, and Levi Johnson were killed at Buckhorn, in Perry County.
Four men were jointly indicted for these murders. Fletch Deaton and
several of the others indicted with him for murdering Callahan assisted
and took an active part in the prosecution of the men charged with
the murder of Davidson and Johnson. Callahan was accused by them of
complicity in those murders and of aiding the defendants to escape
punishment. Fletch Deaton had been heard to say on various occasions
that it would be impossible to secure the conviction of the slayers of
Davidson and Johnson so long as Callahan was alive, and that he must be
killed before those cases came up for trial.
Again it developed in the proof that Jase Deaton, Fletch Deaton's
nephew, and Red Tom Davidson, also accused of killing Callahan, were
tried in the Bourbon Circuit Court on the charge of killing John Abner
in the town of Jackson several years before, and that Callahan had been
active in the prosecution against them, employing counsel and supplying
money.
It further appears that Jase Deaton referred to above had been killed
at the home of Anse White, some while before the killing of Callahan,
by Anse White. White was tried for this killing in the Montgomery
Circuit Court and also acquitted. This acquittal had been attributed to
the activity in behalf of White on the part of Ed. Callahan.
The proof on the trial of Fletch Deaton and of Andrew Johnson showed
that Callahan came to his death at the hands of three men, who had
concealed themselves on the mountainside across the creek from
Callahan's store. One of the witnesses for the prosecution testified
that he recognized Dock Smith and Andrew Johnson as two of the
assassins, that he saw a third, but failed to recognize him. Dock Smith
himself testified that the third man was James Deaton of Caney Creek, a
son of Fletch Deaton.
All the trials of the men accused of the murder of Callahan were held
at Winchester, Clark County. In each of the cases, with the exception
of the one against Red Tom Davidson, the defense relied upon alibis,
claiming that they were in Jackson on the day of the killing.
Dock Smith and Govan at the critical moment, realizing their situation,
made a full and voluntary confession of all they knew regarding the
murder of Callahan.
As heretofore stated, Callahan was shot on Saturday forenoon. On the
preceding Wednesday, about two o'clock P. M., Dock Smith met Andrew
Johnson on the Middle Fork just below the mouth of Gay's Creek. Johnson
there told Dock Smith that James Deaton wanted Dock and Andrew Johnson
to help kill Callahan, and for Dock to go to Deaton's house that night.
Smith says that Johnson asked him if he had a gun, and he told Johnson
that his gun was at his father's; that Johnson then told him he would
go back home to Granville Johnson's, and would meet Smith there that
night; that Smith went to his father's, got his gun, ate his supper,
and then went to the mouth of Orville's branch and there met Andrew
Johnson, Willie Johnson, Tom Deaton and Billie Johnson. From that point
Smith and Andrew Johnson proceeded to the house of James Deaton on
Caney Creek, which they reached late in the night, finding James and
Dan Deaton there. That night the four discussed the proposed killing
of Callahan. James Deaton told his confederates that on the next
morning he would go to his father's at Jackson, and learn from him,
Fletch Deaton, what definite plans had been made about the killing of
Callahan, and would get "Red Tom" Davidson's Savage rifle. The next
morning, Thursday, James Deaton and Dan Deaton left James Deaton's
house and went down Caney Creek towards John E. Deaton's, Dock Smith
and Andrew Johnson remaining at James Deaton's.
Late on Thursday evening James Deaton came home from Jackson riding
"Red Tom" Davidson's mule, and brought along a gun which he said
belonged to Red Tom. After supper Smith, Johnson and James Deaton left
the latter's residence, Dock Smith riding and carrying the gun, Johnson
and Deaton on foot. They proceeded to the home of John E. Deaton, where
they met Bob Deaton, another of the accused. Here Bob joined them in
the expedition. The four then went to Abe Johnson's, on the Middle
Fork, about three miles above the mouth of Long's Creek, arriving there
after midnight on Friday morning.
Friday was spent around Abe Johnson's. At noon they sent for Dan
Deaton, whom they had left at the home of James Deaton on the morning
of Thursday. Dan responded, and all of them again discussed plans
for the murder of Callahan. James Deaton told Abe Johnson and Billy
Johnson that his father, Fletch Deaton, wanted them to come to Jackson
on the train Saturday morning, so they could be there as witnesses to
prove the alibi, and that Willie Johnson was to come with them. It was
arranged that Dock Smith, Andrew Johnson, Bob Deaton and Dan Deaton
were to go down to the Grand Sire Rock on the Middle Fork, below the
mouth of Long's Creek, to watch for Callahan and Anse White, who were
expected to come up on Callahan's boats on that day. This arrangement
was carried out.
Before starting, however, they procured two quarts of whiskey, and
drank about half of it before they left Abe Johnson's, about two
o'clock on Saturday morning. Abe Johnson, Billie Johnson and Willie
Johnson went to Jackson; and the other five men, Dock Smith, Andrew
Johnson, James Deaton, Dan Deaton and Bob Deaton, went toward Long's
Creek. All had guns. Before leaving Abe Johnson's they procured a
bucket of provisions, and went by the home of Granville Johnson,
where they procured another bucket of provisions. There they boarded
Granville Johnson's boat and started down the river, but the boat began
to leak, and being too small to carry them all, they procured another
boat. At the mouth of Long's Creek the boats were abandoned. From there
they went to the home of Willie Deaton, son of James Deaton, to inquire
whether Callahan had returned home, and were told that Callahan had
left the boats and gone home the evening before. After borrowing a gun
from Willie Deaton, Dan and Bob Deaton went to the Grand Sire Rock for
the purpose of watching for Callahan's boats and to kill Anse White,
who had remained in charge of them.
In the meantime Dock Smith, Andrew Johnson and James Deaton went to
the hillside across the creek from Callahan's store, arriving there
shortly before daylight on Saturday morning. They placed themselves at
a point where they could see the front of Callahan's store. Two of them
prepared forks about 18 inches long, which they drove in the ground to
use as rests in shooting, one of them piling up some rocks upon which
to rest his weapon. They watched for Callahan until between nine and
ten o'clock, without catching sight of him.
The front of Callahan's store contained a glass window, and they could
see the outline or form of a man passing behind the window on the
inside of the store. Concluding that the shadow thus cast must be that
of Callahan, they fired six shots through the window, three of them
taking effect and mortally wounding him. Then the assassins became
panic-stricken and left the places of concealment hurriedly, going
through the backwoods to the home of Abe Johnson, where they got their
dinner.
After dinner "Trigger Eye" Deaton carried them across the Middle Fork
River, and from there to John E. Deaton's home, where they arrived
shortly after dark. By devious routes the three assassins reached
Jackson and the home of Fletch Deaton shortly before daylight Sunday
morning. There they found a number of the men present who were to serve
as witnesses to establish an alibi for the slayers.
The alibi was, however completely broken down by witnesses for the
Commonwealth, with the result that a number of the conspirators are now
doing time in the State penitentiary. This closes the chapter on the
Hargis-Cockrell-Marcum-Callahan feud, one of blood, terrorization, Dark
Age savagery in the twentieth century; in the very midst of our country
which prides itself upon a civilization superior to that of other
countries.
But for the blunder the despots committed in slaying Marcum, whose
prominence and the peculiarly atrocious circumstances of his murder at
last forced a thorough airing of conditions, they might have gone on
unmolested, continued the record of assassination, and have added many
more pages of blood to the county's history.
The prosecution of the slayers of Marcum, Dr. Cox, James Cockrell,
Judge Hargis and Ed. Callahan was prompt and energetic. It shows a
return of a more healthy public sentiment. Yet, murders are entirely
too frequent in Breathitt, and in Kentucky at large, for that matter.
Breathitt has been termed "the plague spot of the Commonwealth." It
cannot wipe out the past; what has been done is done. But it may
yet redeem itself by making such horrors as we have depicted here,
impossible in the future.
There is a fine citizenship in the county. It has suffered much, and
deserves sympathy along with censure. It is up to the good people
to see that peace and order return and is maintained henceforth and
forever. We trust they will never more submit to unbridled crime and
anarchy. It is up to them to prove themselves American citizens by
exerting true patriotism at home.