Chapter III: Part 3
There was another time Dyke recalled when old Granny Partlow sent word that she couldn't hold out against the Lord no longer. Granny was nearing eighty and for thirty of her years she had sat a helpless cripple in a chair. At the birth of her seventeenth child, paralysis had overtaken Deborah, wife of Obadiah Partlow, rendering her useless to her spouse and their numerous offspring. She had protested bitterly, saying right out that it wasn't fair and that so long as the affliction was upon her she meant to ask no favor of the Lord. Deborah Partlow was through with prayer and Scripture and Meeting, though in health never had been there a more pious creature than Obadiah Partlow's wife. Neighbor folk saw her wither and pine through the years. A grim figure, she sat day in and day out in her chair wherever it was placed. Lifeless from the waist down, using her hands a little to peel potatoes or string beans, though so slow and laborious were the movements of the stiff fingers her children and Obadiah said they'd rather do any task themselves than to give it to her. At last she had become an old woman, shriveled, grim, still bitter about her fate.
No one was more surprised than Uncle Dyke Garrett when she sent for him.
"Granny Partlow craved baptism," Uncle Dyke remembered the story as clearly as though it had happened but yesterday. "The ice was all of a foot thick in the creek but men cut it with ax and maddock, spade and saw. It had to be a big opening to make room for Deborah Partlow and her chair. Though her children and grandchildren and old Obadiah protested--'It'll kill you!' 'You'll be stone dead before night!'--Granny had her way. Nor would she put on her bonnet or shawl. Resolute, she sat straight in her chair as neighbor men packed her through the snow to the creek. The women standing on the bank wept and wailed till they couldn't sing a hymn. 'It'll kill Granny Partlow!' they cried."
Uncle Dyke was silent a long moment. "No one could ever rightly say how it come about. But the minute my two helpers brought the old woman up out of the icy waters she leaped out of her chair and took off up the bank for home, fleet as a partridge, through snow up to her knees, holding up her petticoats with both hands as she flew along. Lived to be a hundred and three. Hoed corn the day she died of sunstroke." The Good Shepherd of the Hills sighed contentedly. "Deborah Partlow bein' baptized under ice brought a heap of converts to religion."
"But that baptizin' caused me no end of anxiety," Aunt Sallie took up the story. "That day when Dyke went out to saddle old Beck the snow was plum up to his boot tops. The mountains were white all around and the creek froze in a sheet of ice. But go Dyke would. I wropt his muffler twice around his neck, got his yarn mittens and pulse warmers too and throwed a sheep hide over the top of his wood saddle and one under it--to ease the nag's back. He had wooden stirrups too. Made the whole thing himself. I dreaded to see Dyke ride off that winter's day for there was a sharp wind that come down out of the hollow and froze even the breath of him on his long black beard till it looked white--white as it is today. I watched him ride off. Heard the nag's feet crunching in the snow. All of three full days and nights he was gone, for at best the road to Hart County was rough and hard to travel. In the meantime come a blizzard. Not a soul passed this way, so I got no word of Dyke. I conjured a thousand thoughts in my mind. Maybe he'd met the same fate of old man Frasher who fell over a cliff in a blinding snowstorm. Maybe the nag had stumbled and sent Dyke headlong over some steep ridge. The children, we had several then, could see I was troubled, though I tried to hide it. Finally on the third night I had put our babes to bed and was sitting by the fire too troubled to sleep. I had about give up hope of seeing Dyke alive again. It was in the dead of night I heard a voice. It sounded strange and far off, calling 'Hallo! Hallo!', more like a pitiful moan it was. I lighted a pine stick at the hearth and hurried as best I could through the snow to where the voice was coming from. I stumbled once and fell over a stump and the pine torch fell from my hand. It sputtered in the snow and nearly went out before I could pull myself up to my feet. And all the time the voice seemed to be getting farther away. But it wasn't. It was just getting weaker. In a few more steps I come on the nag deep in a snowdrift up to its shanks and there slumped over in the saddle was Dyke. His feet were froze fast in the stirrups. He was numb and nigh speechless. I wropt my shawl around him and hurried, back to the house, heated the fire poker red hot and with it I thawed Dyke Garrett's boots loose from them wooden stirrups." Aunt Sallie sighed. "Of course no mortal can tell when salvation will take holt on their heart but after Granny Partlow's baptizing and Dyke having to be thawed out of his stirrups I was powerful thankful when the Spirit descended on a sinner in fair weather."
"It's not always womenfolks like Granny Partlow who are slow to open their heart to the Spirit. Now take Captain Anderson!
"In his home there never lived a more free-hearted man. Loved to have folks come and stay as long as they liked. Once I recall a man came to the county seat in court week. He was making tintypes and charged a few cents for them. Captain Anderson had his picture made and was so pleased with it he coaxed the fellow to go home with him so that he could get a tintype of Levicy and the children. He never stopped until he had ten dollars' worth of tintypes and then he didn't want the fellow to leave. But he did. Finally settled over on Beaver. His name was Jerome Bailey and he died a rich man and always said he got his start with the ten dollars he earned making tintypes for Captain Anderson Hatfield."
Uncle Dyke reflected a long moment. "There's good in all of us no matter how wicked we may seem to others. And down deep in the heart of me I knew my Captain would one day open his heart to salvation."
Anyone could tell you how the Good Shepherd of the Hills through the long years had pleaded and prayed with Devil Anse to forsake the thorny path, even far back when they returned from the Home War. Already the Captain of the Wildcats had made a notch on his gunstock by killing Harmon McCoy in 1863. He was already the leader of his clan. And all the time Uncle Dyke kept pleading with his comrade to give up sin. But not until Uncle Dyke Garrett had preached and prayed for nearly fifty years and Devil Anse too had become an old man did he admit the error of his way. Not until then were the patience, faith, and hope of Uncle Dyke rewarded.
"It was one of the happiest days of my life," he told me, "when Captain Anderson took my hand. Sitting right here we were together. It was in the falling weather. These hills all around about were a blaze of glory, like they are today. And here sat Captain Anderson, in this very rocking chair where Miss Sallie is sitting now. We were alone. Miss Sallie was busy with her posies down yonder near the gate. 'Dyke,' says the Captain of the Logan Wildcats, in a voice so soft I could scarce hear, 'I've come into the light! I crave to own my God and Redeemer. I long to go down into the waters of baptism and be washed spotless of my transgressions.' I could not move hand or foot. My tongue clove to the roof of my mouth. Captain Anderson gripped the arms of the rocker there as if to steady himself. A man who had tracked mountain lion and bear, panther and catamount. I could see the face of him, that old daredeviltry vanish away and on his countenance a childlike look of repentance. It took a heap o' courage for Captain Anderson to admit his transgressions even to me, his lifelong friend. But I always knew that down deep in the heart of him there was good and that his hour would come when he'd fall upon his knees before the Master and say, 'Here I am, forgive me Lord, a poor sinner!' But when the words fell from his trembling lips I could not even cry out in rejoicing, 'Thank God!', like I always aimed to do when my comrade should come within the fold. I sat with my jaws locked, my tongue stilled. Captain Anderson spoke again. 'Dyke,' sez he, 'brother Dyke ...' I could feel my heart pounding like it would burst out of my breast. 'Brother Dyke,' he repeated the words slowly, pleadingly, 'ain't you aimin' to give me the hand of fellowship?' Then, still unable to utter a word, I reached out my hand and my comrade seized it, gripped it tight. There we sat looking at each other and so Miss Sallie found us as she came up the path there with her arms filled with posies, golden glow, and scarlet sage, and snow-white pretty-by-night just burst into bloom for it was sundown. 'Men!' said she, 'at last you're brothers in the faith! I know it. Ah! I'd know it from the look of peace on the faces of the two of you, even if I did not witness the sign of your hands clasped in fellowship!' The next Sabbath day, it fell like on the third Sunday of the month, we witnessed the baptism of a once proud and desperate rebel. A rebel against the Master! The baptism of him and six of his sons as well who had not before received salvation."
Swiftly the word passed along the creeks and through the quiet hollows. "Devil Anse has come through!" There was great rejoicing throughout the West Virginia hills, indeed throughout the southern mountains. Not only the leader of the Hatfields, but six of his sons, had "got religion" and "craved baptism." Hundreds flocked from out the hollows of West Virginia and Kentucky to witness the Hatfield baptizing.
That was another autumn day only a few years ago as time goes.
The sun was sinking behind the mountain, casting long shadows on the waters of Island Creek when the Good Shepherd of the Hills moved slowly down the bank to the water's edge. Behind him followed his old friend, no longer the emboldened Devil Anse with fire in his eagle eye, but a meek, a silent, penitent figure. The autumn breeze stirred his snow-white hair, his scant gray beard. Upon his breast the old clansman held respectfully his wide-brimmed felt as he walked with head uplifted in supplication. Behind him followed his six sons. Jonse came first, Jonse, who had loved pretty Rosanna McCoy, reckless Jonse, who like his father had slain he alone knew how many of the other side. Then came Cap, Elias, Joseph, Troy, Robert.
Slowly and with steady stride Uncle Dyke walked into the water. Up to the waist he stood holding the frayed Bible in his extended right hand. "Except ye shall repent and go into the waters of baptism ye shall perish. But if ye repent and accept salvation, though your sins be as scarlet they shall be washed whiter than snow," the voice of the Good Shepherd of the Hills drifted down the valley.
"Amen!" intoned the trembling voice of Devil Anse.
"Amen!" echoed the six sons grouped about their aged sire.
Then Aunt Levicy, wife of the grim clansman, began singing in a quavering voice:
Amazing grace, how sweet the sound
That saved a wretch like me;
I once was lost, but now I'm found,
Was blind, but now I see.
The wives and daughters, mothers, sisters, and sweethearts of McCoys took up the doleful strain:
'Twas grace that taught my heart to fear,
And grace my fears relieved;
How precious did that grace appear
The hour I first believed.
"Hit's our sign of peace!" shouted old Aunt Emmie McCoy clapping her palsied hands high above her head, "the sign of peace 'twixt us and t'other side!" Whereupon Young Emmie McCoy, still in her teens, who had loved Little Sid Hatfield since their first day at school on Mate Creek, threw her arms about his sister and cried, "Can't no one keep me and Little Sid apart from this day on."
"Amen!" the voice of Devil Anse led the solemn chant. "Amen! God be praised!"
Jonse, the first-born of the Hatfields, bowed his head and his deep-throated "Amen! God be praised!" echoed down the valley. Then Cap and Troy, Tennis, Elias, Joe, Willis, and the rest joined in. All eyes turned toward Jonse. He who had loved pretty Rosanna McCoy when he was a lad, she a shy little miss.
Many at the baptizing remembered the first meeting of the two star-crossed lovers one autumn day long ago on Blackberry Creek. The day when young Randall and Tolbert, her brothers, were there. Old folks remembered too the time when Devil Anse had slain Harmon McCoy. But that was long ago and forgiven. "Let bygones be bygones," Levicy had pleaded with her mate, and Sarah, wife of Old Randall, did likewise with her spouse. But only Levicy, of the two sorely tried women, had survived to witness the answer to her prayers--peace between the households with the baptism of Devil Anse and his six sons.
As one by one they went down into the waters of baptism, it was the voice of Levicy Chafin Hatfield that led in that best-loved hymn tune of the mountains:
On Jordan's stormy banks I stand and cast a wistful eye
Toward Canaan's fair and happy land where my possessions lie.
I'm bound for the Promised Land, I'm bound for the Promised Land.
Oh! who will come and go with me, I'm bound for the Promised Land.
The hills gave back the echo of their song.
It was a day of rejoicing.
As for Uncle Dyke Garrett he continued to journey up and down the broad valley and through the hills, preaching the Gospel of repentance, forgiveness, salvation. Above all he told of the baptism of Captain Anderson and his six boys.
From the very first Dyke Garrett was more than a preacher.
Along lonely creeks into quiet hollows he went to pray at the bedside of the dying, to comfort the bereft, to rejoice with the penitent. In the early days he was the only visitor beyond the family's own blood kin, so remote were the homes of the settlers one from the other. Like a breath from the outside world were Uncle Dyke's words of cheer, while to him they in the lonely cabins were indeed voices crying out in the wilderness. Nor did flood nor storm, his own discomfort and hardship deter him. Winter and summer, through storm and wind, he rode bearing the good tidings to the people of the West Virginia ruggeds.
And now here he sat this autumn day in 1937, alert and happy for all his ninety-six years. Bless you, he even talked of fighting!
"If anyone jumped on these United States without a good cause," he declared vehemently, "I'd fight for my country--" Uncle Dyke didn't quibble his words. "That is to say if Uncle Sam would take me. Me and my sword!" Again he faltered, adding reflectively, "But after all the Bible is the better weapon. With it I can conquer all things."
Slowly he arose from his chair and Aunt Sallie and I did likewise.
"Come," he invited, "I want you to see for yourself where I've baptized many a one that has come to me." He pointed to a pool in the creek beyond the house where he had made a small dam. As we stood together it was on the tip of my tongue to ask how many couples he had baptized, how many he had married. Abruptly with the uncanny sense of the mountaineer he lifted the questions out of my mind, though it could have been because so many others had asked the same things. "I've never kept count of the wedding ceremonies I have performed, nor of the baptisms," he said thoughtfully. "I have always felt that if it was the Lord's work I was doing, He would keep the count."
You didn't have to ask Uncle Dyke Garrett either which were the happiest days of his long life. You'd know from the look he bestowed upon his frail mate that his supreme happy hour was when he married Miss Sallie Smith. "My wedding day," he was saying as if the question had been asked, "that was the happiest day of my whole life. And next to that comes the day when the Lord chose me to administer baptism to Captain Anderson and his six boys. Such hours as these are a taste of heaven upon earth." His voice was hushed with solemnity. His brimming eyes were lifted to the hills. "Though it was a day of sorrow I am grateful that it also fell to my lot to preach the funeral of my lifelong friend Captain Anderson. Most of all though, my heart rejoiced because Captain Anderson had become like a little child, meek and penitent, worthy to enter the fold."
Uncle Dyke sat silent a long time. His wrinkled hands cupped bony knees. "It brought peace to Levicy's troubled heart." His eyes grew misty with unshed tears. "I see her now as she lay so peaceful in her shroud and on her bosom the gold breast pin she prized so much that Captain Anderson brought her the time he was stormbound, when he met that scalawag brother of Jesse James. She loved posies did Levicy and every springtime we take some to her grave, me and Miss Sallie."
At this, Miss Sallie, slipping her small hand through the bend of his arm, led the way down the flower-bordered path. "Posies are the brightness of a body's days," she said softly. "You can't just set them out and they'll bloom big. You have to work with them. Posies and human creatures are a heap alike. Sometimes they have to be pampered. Like Dyke here," she smiled up at her aged mate. "I had to understand his ways, else I'd never have tamed him," she persisted. "He's the last surviving one of his company--the Logan Wildcats." Aunt Sallie's blue eyes lighted with pride. "I like to think of him outlasting me too."
I'd remember them always as they stood there in the sunset with the golden glow and scarlet sage and the snow-white pretty-by-night all about them, the two smiling contentedly as I waved them good-by far down at the bend of the road.
It was the last time I ever saw Uncle Dyke alive. The next May--1938--he died. I was gratified that it fell to my lot to attend his funeral. And what a worthy eulogy the Reverend John McNeely, whom Uncle Dyke always referred to as "my son in the Gospel," preached, taking for his text "My servant, Moses, is dead," a text that the two had agreed upon long before the Good Shepherd of the Hills passed away.
That day when the sermon was ended the great throng that filled the valley and the hillsides, gathering about the baptismal pool he himself had fashioned, sang Uncle Dyke's favorite hymn. Their voices blending like the notes of a giant organ swelled and filled the deep valley:
Like a star in the morning in its beauty,
Like the sun is the Bible to my soul,
Shining clear on the way of life and beauty,
As I hasten on my journey to the goal.
'Tis a lamp in the wilderness of sorrow,
'Tis a light on the weary pilgrim's way,
It will guide to the bright eternal morrow,
Shining more and more unto the Perfect Day.
'Tis the voice of a friend forever near me,
In the toil and the battle here below,
In the gloom of the valley, it shall cheer me,
Till the glory of the kingdom I shall know.
I shall stand in its glory and its beauty,
Till the earth and the heavens pass away,
Ever telling the wondrous, blessed story
Of the loving Lamb, the only living way.
Uncle Dyke chose also his own grave site in the family burying ground overlooking the house where he'd lived seventy-one years. Often he had visited the spot and picked out the place beside him where Miss Sallie should be laid to rest. His life had ended almost where it began. The house in which he was born stands only a few miles from that in which he died.
"He built this house his own self," Aunt Sallie quietly reiterated that evening as some of us lingered to comfort her. "We came here to Big Creek soon as we married. We've lived here seventy-one year." Through brimming eyes she gazed toward the new-made grave. "We traveled a long way together, me and Dyke--" a sob shook the frail little body--"and now, I'm goin' to be mighty lonesome."
Big Meeting is still carried on just as Uncle Dyke wished it.
In September, 1940, I went again to mingle with the hundreds who show their reverence for the Good Shepherd of the Hills by keeping fresh in memory his teaching through their prayers and hymns at the Big Meeting each autumn. And here again a worthy follower of Uncle Dyke Garrett eulogized his deeds and mourned his loss. And close by, for all her ninety-two years, his beloved Miss Sallie, with a trembling hand on the arm of a kinsman, listened intently while those who knew and loved him extolled her lost mate.
And now Miss Sallie is gone too. She died on July 28, 1941, at the age of ninety-three and loving hands place mountain flowers on her grave and that of Levicy Hatfield far across the mountain.
TAKING SIDES
Some took sides in the feuds that have been carried on throughout the Blue Ridge Country and thereby got themselves enthralled, while others, more tactful, managed to keep aloof and remain friends with the belligerents.
There's Uncle Chunk Craft on Millstone Creek in Letcher County. Enoch is his real name. There's nothing he likes better than to tell of the days when he was one of Morgan's raiders. Then, when he was only twenty-two, that was in 1864, Uncle Chunk slept in a cornfield near Greenville, Tennessee, the very night General John Hunt Morgan, who had taken shelter in a house a couple of miles away, was betrayed by the woman of the house and shot to death by Unionists.
"We were tuckered out," he said, "had tramped through rain and mud and finally rolled in our blankets, if we were lucky enough to have one, and fell asleep wherever it was. I burrowed in with a comrade. But we didn't get much rest. For, first thing you know, seemed I'd just dozed off, someone come shoutin' through the cornfield that the General had been killed. We shouldered our muskets and stumbled off through the field, grumbling and growling that we'd 'tend to the ones that had betrayed him. But even if the woman had been found I reckon we'd a-shunned killin' her. There's a heap that goes on in war that a man don't like to think on."
Uncle Chunk was proud to own, however, that he saw hard fighting through Virginia, Tennessee, and Kentucky and was glad enough when the war was ended. He came back, married Polly Ann Caudill, and settled down in Letcher. It wasn't long until another war started. This time between his neighbors. But with all the carryings-on between John Wright and Clabe Jones in the adjoining counties of Floyd and Knott, Enoch Craft managed to stay friends with both sides. Whichever side happened to round in at his home, hungry and footsore from scouting in the woods for the other faction, found a welcome at Uncle Chunk's and plenty to eat. "Fill up the kittle, Polly Ann," he'd call to his wife, as he went on digging potatoes. "Here comes some of John Wright's crew." Or, "Put on the beans, I see Clabe Jones's men comin'!"
And fill up the kettle Polly Ann did.
After the belligerents had eaten their fill, Uncle Chunk would try to reason with them to let the troubles drop. "A man thinks better on a full gut than a empty one," he argued. And at last, through his help, the Clabe Jones-John Wright feud ended.
* * * * *
In Bloody Breathitt in 1886, Willie Sewell was shot from ambush while making molasses on Frozen Creek. That started feeling, for Willie had lots of kinfolks. He himself was not without sin, for he had killed Jerry South. The Souths were related to the Cockrells. But when Willie Sewell, who was a half-brother of Jim and Elbert Hargis, was shot the trouble, which became the Hargis-Cockrell feud, really began.
A quarter of a century after one of the most famous of Kentucky mountain trials--when Curt Jett was tried for the assassination of James B. Marcum and James Cockrell--the trouble was revived with the killing of Clay Watkins by Chester Fugate. This uprising, it was said, started when Sewell Fugate was defeated by Clay Watkins for the office of chairman of the county Board of Education. Chester quarreled with Clay over a petty debt. Three years before that time Amos, cousin of Chester, had shot and killed Deputy Sheriff Green Watkins, brother of Clay. When an enraged posse found Amos they filled him with bullets. Sixty years before, Hen Kilburn, grandfather of Chester Fugate, was taken from the county jail in Jackson and lynched for killing a man. It was the first time such a lynching had occurred at the county seat.
On Christmas morning in 1929, Chester Fugate was taken from the same jail and shot to death, but not in the courthouse yard. The posse took him out to a farm some miles away. That was the second lynching in Bloody Breathitt. There was a heavy snow on the ground, making a soft carpet for the swiftly moving feet of the mob numbering more than a score, as they hurried their victim away. Before entering Fugate's cell, they had bound the jailer, S. L. Combs, to make sure of no interference from that source.
Some miles from the county seat they stopped in a thicket on a farm.
That morning farmer Jones got up before daylight and with lantern on arm went out to milk the cows and feed the stock. He halted suddenly in the unbeaten snow for from a nearby thicket came a strange sound. At first the farmer thought it the moaning of a trapped animal. Holding the lantern overhead he stumbled on a few yards to find Chester Fugate in a pool of blood that stained the snow all about the crumpled figure. Bleeding profusely from thirteen gunshot wounds, Chester survived long enough to give the names of at least six of his assailants.
It was another outbreak in the Hargis-Cockrell feud.
Five of the men in the mob surrendered. They were bound over and released on bail. All were kin of Clay Watkins: Samuel J. was his brother, L. K. Rice his son-in-law, Allie Watkins his son, and Earl and Bent Howard were his nephews. The men signed their own bonds together with Jack Howard, uncle of Bent and Earl. The name of Elbert Hargis was also affixed to the bonds. The sixth man named by Chester Fugate before he died was Lee Watkins, a cousin of Clay, who said he would surrender.
The trouble went back more than a quarter of a century when Curtis Jett--his friends called him Curt--and others assassinated James B. Marcum and James Cockrell. Curt was a nephew of county Judge James Hargis, who was said by some to be the master mind behind the murders.
The state militia was called out to preserve order during the trial.
Things had been turbulent in Breathitt before. Back in 1878 Judge William Randall fled the bench after the slaying of county Judge John Burnett and his wife. However, the commencement of the Hargis-Cockrell feud in 1899 was over a contested election of county officers. The Fusionists or Republicans declared their men the winners, while the Democrats were equally certain of triumph. James Hargis was the Democrats' candidate for county judge, Ed Callahan for sheriff.
The leading law firm in all of eastern Kentucky at the time was that of James B. Marcum and O. H. Pollard, but when the election contest arose, the men dissolved partnership. Marcum represented the Republican contestants, his former partner looked to the affairs of the Democrats. Until this time Marcum had been a close personal friend as well as legal adviser to James Hargis.
Depositions for the contestants were being taken in Marcum's office when the two lawyers almost came to blows over Pollard's cross-examination of a witness, with Hargis and Callahan sitting close by. Harsh words were uttered and pistols drawn, and Hargis, Callahan, and Pollard were ordered from Marcum's office. When warrants were issued for them and Marcum also by police Judge T. P. Cardwell, Marcum appeared in court and paid a fine of twenty dollars. But Jim Hargis refused to be tried by Cardwell--the two men had been bad friends for some time. Then, instead of attempting alone the arrest of Hargis, the town marshal of Jackson, Tom Cockrell, called on his brother Jim to lend a hand.
It is said that when Tom went to arrest Hargis the latter refused to surrender, drawing his gun. But Tom covered Jim Hargis first. Whereupon Hargis's friend, Ed Callahan, who was close, covered Tom Cockrell and in the bat of an eye Jim Cockrell, his brother, covered Callahan. Seeing that the Cockrells had the best of them, both Jim Hargis and Ed Callahan surrendered. That incident passed without bloodshed and Marcum himself sent word to police Judge Cardwell that he didn't want to prosecute Hargis and asked that the case be dismissed, as it was.
That same year there was a school election.
"Marcum flew in a rage," said Hargis, "when I accused him of trying to vote a minor and he pulled his pistol on me but did not shoot."
Though that difference was also patched up, the families began taking sides in the many quarrels that followed. Accusations were made first by one side, then the other. Marcum accused Callahan of killing his uncle, and Callahan in turn charged that his father had been slain by Marcum's uncle.
In July, 1902, the flames of the feud were fanned to white heat.
Tom Cockrell, a minor, fought a pistol duel with Ben Hargis, Jim's brother, in a blind tiger, leaving Ben dead upon the floor. Tom was defended by his kinsman, J. B. Marcum, without fee. Tom's guardian, Dr. B. D. Cox, one of the leading physicians in Jackson, was married to a Cardwell whose family belonged to the Cockrell clan.
It was not long after Ben Hargis's death that his brother John, "Tige," was slain by Jerry Cardwell. Jerry claimed that it was in the exercise of his duty as train detective.
"Tige was disorderly," Jerry said, "when I tried to arrest him."
Anyway pistols were fired; Jerry was only wounded but Tige was killed. His death was followed shortly by that of Jim Hargis's half-brother. The shot came from ambush one night while he was making sorghum at his home, and no one knew who fired it.
On another night not long thereafter, Dr. Cox, who was guardian of the minor Tom Cockrell and the other Cockrell children, was hurrying along the streets of Jackson to the bedside of a patient.
When the doctor reached the corner across from the courthouse and in almost direct line with Judge Hargis's stable, he dropped with a bullet through the heart. Another shot was fired at close range and lodged in the doctor's body.
The evidence disclosed that at the time of the shooting Judge Hargis and Ed Callahan were standing together in the rear of Hargis's stable from which direction the shots came. The Cockrells stated that Dr. Cox had been slain because of his family relationship with them and because of his participation in the defense of young Tom Cockrell, his ward.
The story of Dr. Cox's death was still on many lips when Curt Jett, who was Sheriff Ed Callahan's deputy, met Jim Cockrell in the dining room of the Arlington Hotel where they engaged in a quarrel and exchange of bullets. Neither was injured, but bad feeling continued between them.
Sometime during the morning of July 28, 1902, Curt and a couple of friends concealed themselves in the courthouse. At noon that day, in broad daylight, Jim Cockrell was shot dead on the street from a second-story window of the building. Across the way, from a second-story window of Hargis's store, Judge Jim Hargis and Sheriff Ed Callahan saw the shooting.
Jim Cockrell had assisted his brother, the town marshal, in arresting Jim Hargis and was the recognized leader of the Cockrell faction. He had spared no effort in obtaining evidence in his brother's behalf when young Tom was tried for killing Ben Hargis in the blind tiger.
Under cover of darkness Curt Jett and his companions were spirited away from the courthouse on horseback and no arrests were made.
In the meantime the trial of young Tom Cockrell for killing Ben Hargis was moved to Campton, but Judge Jim Hargis and his brother, Senator Alex Hargis, declared that they'd never reach Campton alive if they should go there to prosecute young Tom. So the case was dismissed. "Our enemies would kill us somewhere along the mountain road," the Hargises declared.
Jim Hargis loved his wife and children. He idolized his son Beach, who spent his days hanging around his father's store and squandering money that the doting parent supplied.
Up to November 9, 1902, according to information supplied by J. B. Marcum, there had been thirty persons killed in Breathitt County as a result of the feeling between the factions and to quote Marcum's own words, "the Lord only knows how many wounded."
After Marcum's assassination on May 4, 1903, his widow wrote the _Lexington Herald_ that there had been thirty-eight homicides in Breathitt County during the time James Hargis presided as county judge. J. B. Marcum and his wife both had known for a long time that he was a marked man. Indeed, ever since he had represented the Fusionists in contesting the election of Jim Hargis as county judge, it was an open secret that Marcum would meet his doom sooner or later. Added to this was the animosity aroused on the Hargis side by Marcum's defense of young Tom Cockrell for killing Jim Hargis's brother Ben.
Marcum made an affidavit which he filed in the Breathitt Circuit Court declaring that he was marked for death. Others substantiated his statement by swearing to various plots that had been concocted to assassinate him. As a matter of fact while the feeling was raging high in the contest case he was a prisoner in his own home for seventy-two days, afraid to step out on his own porch. To protect himself against bullets he had a barricade built joining the rear of his house with a small yard. Whenever he left his home, which was seldom, he was accompanied by his wife and he carried one of his small children.
Once he went to Washington and stayed a month. It was during that time that his friend Dr. Cox was assassinated. A client of Marcum's by the name of Mose Feltner came to his home to acquaint the lawyer with a plot against his life. Mose told how he had been given thirty-five dollars to commit the deed and a shotgun for the purpose. He also took Marcum to a woods and showed where four Winchester rifles had been concealed by him and his three companions. The guns, Mose said, were kept there during the day but were carried at night so that if he or his companions met Marcum they were prepared to kill him. The plot, so Mose declared, was to entice Marcum to his office on some pretext or other. Mose was to waylay him and pull the trigger. Mose went further. He told Marcum that the county officials had promised him immunity from punishment if he would carry out the plot and kill Marcum. When at last the election contest furore had quieted down Marcum concluded it was safe to venture forth to his law office and resume his practice.
On the morning of May 4th he had gone to the courthouse to file some papers in the case. He lingered for a while in the corridor to greet this one and that, then walked slowly through the corridor toward the front door. From where he stood talking with a friend, Benjamin Ewen, Marcum could see across the street Judge James Hargis and Sheriff Ed Callahan sitting in rocking chairs in front of Hargis's store. When the shots were fired that killed Marcum neither Hargis nor Callahan stirred. Their view was uninterrupted when the lifeless body plunged forward. They remained seated in their rocking chairs, looking neither to right nor to left. They made no effort to find out who did the shooting.
"My God! they have killed me!" cried Marcum as bullets struck through the spine and skull and he lunged forward dead.
Curt Jett, tall and angular with red hair and deep-set blue eyes, a man of many escapades, was convicted of the murder and sent to the penitentiary for life. The evidence of Captain B. J. Ewen, with whom Marcum was talking when shot, disclosed that Tom White, one of the conspirators, walked past Marcum glaring at him to attract his attention. As he did so Curt in the rear of the hallway of the courthouse fired the shots. Curt Jett's mother was a sister to Judge Hargis, and Curt, though only twenty-four at the time, was a deputy under Ed Callahan.
Nine years later on the morning of May 4, 1912, Ed Callahan, while sitting in his store at Crockettsville, a village some twenty-five miles from Jackson, the county seat, was killed. Callahan too was a marked man and knew it. Connecting his house and the store he had built a stockade to insure his safety as he passed from one to the other. There was a telephone on the wall near the back window of the store and he had just hung up the receiver after talking to a neighbor when two bullets in quick succession whizzed through the window from somewhere across the creek. One entered Callahan's breast, the other his thigh. Members of his family rushed to his side and carried him, sheltered by the stockade, to his home where he died.
The old law of Moses, "an eye for an eye, a tooth for a tooth" still prevailed.
It is estimated that from 1902, when the Hargis-Cockrell feud started over an election contest, to 1912, more than one hundred men had lost their lives.
Like the feuds of Scotland, those of the southern mountains usually found kin standing by kin, but sometimes they quarreled and killed each other. In the Hargis-Cockrell feud, Marcum's sister was the wife of Alex Hargis. Curt Jett's mother was a half-sister to Alex and Jim Hargis. His father was a brother of the mother of the Cockrells, Tom and Jim. Yet Curt was openly accused of killing Jim Cockrell. Dr. Cox, who was slain early in the fray, was the guardian of young Tom Cockrell and Mrs. Cox was a sister of the police judge of Jackson, T. P. Cardwell, Jr., who was in office when he issued warrants for Marcum, Jim Hargis, and Ed Callahan when they had quarreled in Pollard's law office at the time depositions were being taken in the election contest.
Though Curt Jett, Mose Feltner, John Abner, and John Smith confessed to the assassination of J. B. Marcum, saying Jim Hargis and Ed Callahan planned the crime, Hargis and Callahan protested innocence. Even so Marcum's widow got a judgment for $8000 against the two for killing her husband. After John Smith confessed and was dismissed he turned bitterly against Hargis and Callahan and their faction and was suspected of attempting to assassinate Callahan a year before the deed was accomplished.
Around the store of Judge James Hargis conversation turned often to the troubles. If a woman came in to buy a can of baking powder she looked stealthily about before gossiping with another. If a man entered to buy a plug of tobacco or a poke of nails to mend a barn or fence, his swift eye swept the faces of customers and loiterers and presently he'd sidle off to one side and talk with some of his friends.
Young Beach Hargis, upon whom his father doted, heard this talk. He knew of the feeling of the different ones connected with the trouble. It was talked not only around the store but in the Hargis home. When the father wasn't about Beach and his mother mulled it over. Beach never was a lad to work. "Why should I?" he argued. "Pa's got plenty. And I aim to get what's coming to me while the old man's living."
If the father protested that Beach was squandering too much money, the mother shielded her son and wheedled Jim Hargis into giving him more.
"He's been pampered too much, Louellen," Judge Hargis often remonstrated with his wife. "Should we spare the rod and spoil the child?" And sometimes Evylee, Beach's sister, would plead with her father to forgive Beach once again for drunkenness and waywardness. Evylee had been away to school at Oxford University in Ohio near Cincinnati. She loved the nice things of life, particularly learning. Judge Hargis was an indulgent father. He wanted his children to have the best, both in education and dress. He wanted his boy Beach to go through college. But Beach had no fondness for book-learning or fine clothes.
"I've give up trying to do anything with him, Louellen," said Jim Hargis to his wife one day when they were together in the sitting room of their home. "Look yonder there he goes." He pointed a condemning finger at Beach reeling drunk along the sidewalk.
"Don't fret, Pa," Mrs. Hargis pleaded with her husband. "He's young. He'll mend his ways. Don't forsake him."
That was the day before the homicide.
Next day Beach was still drunk. He swaggered into the store, leered about for his father, and not seeing him stumbled on past the racks where the guns lay, past the shelves laden with cartridges and shells, on into the rear room where coffins were lined in a somber row. Judge Hargis kept a general store that carried in stock most anything you could call for from baking soda and beeswax to plows, guns and coffins. Beach didn't notice the black-covered coffins or the guns. He stumbled along to a corner of the wareroom where he slumped on a keg of nails. There he sat a while mumbling to himself. His eyes were bloodshot, his face swollen from a fall or a fight. "The old man punched me in the jaw," he kept repeating, "and I'll--I'll--"
Frightened clerks hurried past him in waiting upon customers. No one tried to listen or understand. Beach kept on mumbling. After awhile he staggered out again. Later that same day he went to a barber shop for a shave and haircut. Suddenly he raised up from the chair and leering toward the street muttered at a man passing, "I thought that was the old man going yonder." It was not Judge Hargis, the barber assured Beach, so the drunken fellow settled back in the chair and the barber proceeded to lather his face.
Beach's sister, who was married to Dr. Hogg, often took her drunken brother in.
"Evylee's got no right to harbor Beach," Judge Hargis complained to his wife. "He's tore up our home and he will do the same for Evylee and her husband and for Dr. Hogg's business too. He's a plum vagabond and spoiled. And put on top of that whiskey, and a gun in his hand, the Lord only knows what that boy will do."
Out of one scrape into another, in jail and out, Beach Hargis went his way. The mother pleading with the father to forgive him and let him have another chance. The sister pleaded with Beach to quit drinking and carousing.
On the 17th day of February, 1908, Beach, still maudlin drunk, went again into his father's store. He didn't look at the guns in the racks this time. He glanced toward the wareroom where the black coffins stood in a row on wooden horses. "I'm looking for the old man," he muttered to a clerk. Then he reeled toward the counter and asked the clerk to give him a pistol. The clerk refused, saying he could not take a pistol out of stock, but added, "Your Pa's pistol is yonder in his desk drawer. You can take that."
Beach helped himself.
In the meantime Judge Hargis had come into the store just as Beach, with the pistol concealed in his shirt, went out.
In the drugstore of his brother-in-law, Dr. Hogg, Beach terrorized customers and the proprietor by pointing his pistol around promiscuously. He reeled out of the place without firing, however, and went back to his father's store. Someone later said all he had been drinking was a bottle of Brown's Bitters.
From where Judge Hargis stood in one part of the double storeroom he could see Beach sitting cross-legged in a chair near the front door. Beach spat on his shoe and slowly whetted his pocket knife, scowling sullenly now and then in his father's direction. He clicked the blade of his knife shut and slipped it into his pocket and sat with his arms dangling at his sides, head slumped on his breast.
A customer came in and asked Judge Hargis, "Where's Beach?"
The father pointed to the son. "There he is. I have done all I can for him and I cannot go about him or have anything to do with him." Then Judge Hargis repeated that Beach was destroying his business and would do the same with Dr. Hogg's business if Evylee kept on harboring him.
Not a word was spoken between father and son. But as Jim Hargis walked in his direction, Beach pulled himself up out of his chair, stepped around behind the spool case that stood on the end of the counter, leered at his father and moved toward him. Beach came within three feet of his father. The next thing they were grappling.
Terrified bystanders and clerks heard the report of five pistol shots. All five of the shots lodged in Jim Hargis's body. By this time the two men were on the floor. The father holding the son down with one arm, lifted in his right the smoking pistol. "He has shot me all to pieces," gasped Judge Hargis as he handed the pistol to a bystander. He died in a few minutes.
Loyal to her unfortunate son, Louellen, the widow of Judge Hargis, set about to get the ablest lawyers in the state to defend him. Will Young, matchless orator of Rowan County, was not able to clear Beach on the first trial. On the second, however, aided by the legal skill of Governor William O. Bradley, D. B. Redwine, J. J. C. Bach, Sam H. Kash, and Thomas L. Cope, Beach was sentenced to the penitentiary for life instead of the gallows.
As the years went by the mother continued to plead for her son's freedom. Time and again she made the journey to Frankfort to beg mercy of the governor. Weary and sad she lingered outside the door of the mansion. She hovered close to the entrance of the chief executive's suite in the capitol, pleading by look, if word was denied her. Finally the governor pardoned Beach Hargis, because, it was said, His Excellency could no longer bear the sight of the heartbroken mother. Beach was pardoned on promise of good behavior.
But scarcely was he back in Breathitt County when pistol shots were heard again. He rode out to the farm of relatives a few miles from Jackson and when the womenfolk spied him galloping up the lane they took to the attic in terror. Beach, reeling drunk, staggered into the dining room where the table was set for dinner. There was a platter of fried chicken, another of hot biscuits. He shot all the biscuits off the plate, threw the chicken out the door and didn't stop till he had riddled every dish on the table.
The womenfolk up in the attic, with fingers to ears, stared white and trembling at each other. Finally one of the girls reached out of the small window up under the eaves and, with the aid of a branch from the cherry tree close by, caught hold of the rope on the farm bell. Once the rope was in her hand she pulled it quickly again and again. The clanging of the bell brought the men from the fields but as they approached on the run through the cornfield and potato patch, Beach threw a leg over his horse and galloped away, shooting into the air.
He continued on the rampage. Out of one scrape into another.
His mother died of a broken heart. She had done all she could for her son but Beach Hargis went his reckless way.
He was sent to prison a second time, for the safety of all concerned, but he escaped about the time of the World War. No one has seen hide or hair of him since then. There have been many conjectures as to his whereabouts but no one really knows what has come of Judge Jim Hargis's slayer.
There is a fine State College in Morehead, Rowan County, Kentucky, where Judge Will Young, whose eloquence saved Beach from the gallows, lived and died. On the college campus there is a Hargis Hall, named for Thomas F. Hargis, a Democrat and captain in the Confederate Army, and a relative of the reckless Beach.
As for Beach's cousin, Curt Jett, accused of murder, rape, and even the betrayal of a pretty mountain girl, convicted of the slaying of J. B. Marcum, he was pardoned from the penitentiary, got religion, and was, the last heard from, preaching the gospel through the mountains of Kentucky.
For all the shedding of blood of kith and kin in the Hargis-Cockrell feud, when our country was plunged into the World War, Bloody Breathitt had no draft quota because so many of her valiant sons hastened to volunteer.
* * * * *
Although many of the feuds in the Blue Ridge grew out of elections, they were not prompted by ambition, for the offices contested were not high ones like that of senator or congressman. Frequently they were lesser posts such as that of sheriff or jailer or school-board trustee. When the strife finally led to assassination the motive usually was the desire for safety. The one feared had to be removed by death.
One famous feud, however, was started over the possession of a wife's kitchen apron.
Tom Dillam's wife left him and one day passing his farm she spied a woman working in the field wearing one of her aprons. Mrs. Dillam flew into a rage, climbed the rail fence, and deliberately snatched the apron off the other woman. Tom went after her to the home of his father-in-law, John Bohn, to recover the apron. He quarreled with his wife and instantly killed Bohn who tried to interfere.
As the quarrels continued and the years went by, Dillam incited his relatives and friends and armed them as well. He finally had behind him a band of outlaws. In 1885, about the time the Martin-Tolliver feud in Rowan County was at its height, Mrs. Dillam's brother William had a dispute over timber with her estranged husband's brother George. Bohn killed Dillam but as he ran for shelter he himself was slain by two other brothers of Dillam, Sam and Curt.
As the feeling grew others were drawn into the fray. Brothers opposed brothers. The Dillams' sister was married to Lem Buffum, and because of Buffum's friendship with the Bohns he was hated by the Dillams.
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Blue Ridge CountryChapter III: Part 3
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