Chapter IV: Part 4

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.

FINAL BATTLE OF MOREHEAD.

JUNE 22ND, 1887.

After leaving Frankfort, Logan hastened to Cincinnati, Ohio, where he purchased several hundred dollars' worth of Winchester rifles, pistols, shotguns, and an ample supply of ammunition. These were boxed and shipped as saw-mill fixtures, and consigned to a small station (Gate's) in Rowan County, some miles from Morehead.

Immediately upon his return to Rowan County Logan summoned his friends. They responded with a will. Many came from the neighboring counties, except Elliott County, which section sympathized strongly with the Tollivers, whose relatives were strong there. Sheriff Hogg was placed in possession of the warrants against Craig Tolliver and his confederates, charging them with the recent murders of the Logan boys (June 7th). It was definitely and explicitly agreed upon and arranged that the sheriff should demand the surrender of the Tollivers, and only in case of their refusal to comply were the citizens to take a hand. This, of course, was a mere matter of form. It was easy to predict to a certainty that the Tollivers would not obey the demand of surrender by the officers. That had been tried too often before. Yet the Logan faction desired to exhaust all lawful means before resorting to bloodshed.

Sheriff Hogg was instructed to demand the surrender and upon its refusal to retreat in order to insure his personal safety, and to give the forces under Boone Logan an opportunity to enforce the demand.

Thus far all went well. When the morning of June 22nd came, bright and beautiful, everything was in readiness for the coming struggle.

Logan, with some of his men, was stationed near the Chesapeake & Ohio Railway Depot. Just across, at the business place of Vinton & Pigman, Hiram Pigman, with six or seven men, stood in readiness to act in concert with Logan. On the opposite side of the town another detachment was carefully posted in concealment. The Tollivers were completely surrounded.

Strange to say, with all their vigilance, they had remained in utter ignorance of Logan's final preparations. Logan was despised by them. His frequent absences from home had been attributed to fear. Of his visit to Frankfort and his purchase of arms at Cincinnati they knew nothing.

It was late in the morning of the 22nd, when an accident revealed to them their danger, though the knowledge came too late to enable their escape. The wife of a railroad man was visiting friends at Morehead. Her husband had noticed bodies of armed men closing in upon the town. He also knew of the large shipment of arms to Gate's station. Anxious for the safety of his wife, after his suspicions had been aroused, he telegraphed her to leave Morehead at once, that a battle was impending without doubt. This information was conveyed to the Tollivers, who immediately prepared for the attack. Thus it happened that when the battle commenced, Logan and his men were put upon the defensive instead of the offensive, as they had anticipated.

The Logan forces awaited the appearance of the sheriff to demand the surrender of the Tollivers. He failed to arrive. The sheriff afterward testified that he had been prevented by armed men from entering the town. Be that as it may, the fight opened without him, and during the battle neither he nor his son participated.

Logan, unaware that his plans had been betrayed to the Tollivers, attempted to communicate with his friend Pigman at the latter's store. He despatched a young man, William Bryant, with a note. To his surprise, the Tollivers suddenly appeared, armed to the teeth, and opened fire upon Bryant. The boy fled for life and escaped without a wound.

Logan and Pigman, finding their plans discovered, and the sheriff having failed to put in his appearance, now commenced the work they had cut out for themselves and their friends to perform. Firing began from every direction--every man fought independently, as best he could. Each part of the town became a separate battlefield. The non-combatants sought safety in flight or in the shelter of their homes. Black clouds of smoke hung over the ill-fated town; the air was stifling with the smell of sulphur. The grim monster of civil war raged in all its fury. Well might we say with Chalmers:

"O, the miseries of war! We recoil with horror at the destruction
of a single individual by some deed of violence. When we see a man
in the prime of health suddenly struck down by some deadly aim, the
sight of the lifeless body haunts us for days and weeks, and the
shock experienced, only time can wear away.

"The scene stands before us in daytime, is the subject of our
dreams, and spreads a gloom which time can only disperse.

"It is painful to dwell on the distressing picture of one
individual, but multiply it, and think of the agonies of dying men,
as goaded by pain, they grasp the cold ground with convulsive
energy, or another, faint with the loss of blood, his pulse
ebbs low, and the gathering paleness spreads itself over his
countenance; or, wrapping himself round in despair, he can only
mark by a few feeble quiverings, that life still lurks and lingers
in his lacerated body; or, lifting up a faded eye, he casts a look
of imploring helplessness for that succor which no sympathy can
yield."

The moment the battle opened, Logan became the target for many guns from the concealed Tollivers. The balls fell all around him; plowed up the ground at his feet and hissed by his ears. Craig Tolliver and his confederates instinctively singled him out as their most dangerous adversary and made every effort to kill him.

The details of the battle are authentically recorded in the report of Ernest McPherson, captain of a detachment of the Louisville Legion, to the Adjutant-General of Kentucky, Sam E. Hill, which report was transmitted to the Governor and reported to the Legislature. (See documents 1887, No. 23.)

As the Tollivers were coming back, Boone Logan commenced firing. He was at once deserted by the men with him, but continued the fire which was returned by the two Tollivers, Craig and Jay, until their Winchester rifles and pistols were empty. They ran from below the depot to the American House, Craig Tolliver's hotel, and obtaining a fresh supply of ammunition, were joined by Bud, Andy, Cal and Cate Tolliver, Cooper and others. All then started on the run for the Central Hotel. Andy was the first to reach that building by going through alleys and back ways. Bud Tolliver, Cooper and the rest went by way of Railroad Street, under constant fire from the bushes. Halting near the drug store they fired upon the concealed enemies and wounded one Madden. Bud Tolliver was here shot in the thigh. Cal and Cate, who were mere boys, assisted Bud up the lane and secreted him in the weeds back of Johnson's store. They then rejoined their comrades. Cooper presently emerged from the Central Hotel and fired upon some of the Logan men, but was himself shot through the breast. He retreated into the hotel and secreted himself in a wardrobe, up-stairs, and in this place of fancied security was again hit by a bullet and killed.