Chapter VI: Part 6

Among those who had sought safety in flight were George Eversole,
county judge, and brother to Joe Eversole, the leader of the
faction of that name; Ira Davidson, circuit and county court
clerk, a sympathizer with that faction, Josiah Combs, late county
judge and father-in-law of Joseph Eversole, and his son ----
Combs, who is an officer of the circuit court, and Fulton French,
the leader of the French faction, together with the families of
each, except Davidson, who is a single man. These all returned,
except the elder Combs, either with the troops or after their
arrival, and before I left. The killings above referred to were
mostly assassinations from ambush, which seems to have been the
favorite method of warfare adopted by both factions for ridding
the community of the presence of persons who, from causes real or
supposed, had made themselves obnoxious to the slayers, though
one killing, that of Mr. Gambriel, was committed in the town
of Hazard, in broad daylight, by two Eversoles and two of his
henchmen, and was witnessed by a number of people; was committed
without anything like adequate provocation, but for which no
indictment had ever been found. Grand juries and witnesses seem
either to have sympathized with the law-breakers or to have been
intimidated by them; but it is not improbable that both of these
causes have operated to paralyze the administration of the law,
and to correspondingly stimulate crime. As is usual in such cases,
I found that the county authorities failed to act with any degree
of promptness and vigor at the inception of the difficulties and
the result was the inevitable one--the troubles soon grew beyond
their control. Josiah Combs, the father-in-law of Joe Eversole,
was county judge at the beginning of the feud and Eversole and
his friends were evidently the aggressors--at least were first to
resort to violence--and when the county judge was appealed to by
outsiders to issue warrants for their arrest, positively declined
to do so, saying that Eversole had done nothing to be arrested
for, and that French ought to be driven away from town. Thus the
inaction of the authorities stimulated the friends of each faction,
and each sought safety in arming such persons as would take service
with them, and setting at defiance the law instead of looking to it
as their best protection. Finally, one Sunday morning last April,
Joe Eversole, in company with Nick Combs, his brother-in-law, and
Josiah Combs, started from Hazard to Hyden to circuit court, and
when about five miles out from Hazard they were fired upon from
ambush and Eversole and young Combs were instantly killed.

Fulton French was indicted for that killing, and while he may have
instigated it, he certainly did not participate in the shooting.

The killing of Joe Eversole seems to have demoralized his friends,
the most prominent of whom soon after left Hazard.

The last assassination was that of Elijah Morgan, who was shot
from ambush, near Hazard, on the 9th of last month. His only crime
appears to have been that he sympathized with French. Morgan was
also a son-in-law of Josiah Combs and brother-in-law of Eversole.

And now, perhaps, you are ready to ask what it was all about?
Well, I cannot say, although I very naturally sought to learn the
cause. Some of whom I enquired thought it was business rivalry,
while others said there was a woman in the case, and I think it
attributable in part to both those causes. French and Eversole were
both merchants and lawyers, and I was told that some three years
ago a man who was clerking for French accused French of deflouring
his wife, and quit French and took service with Eversole, and told
the latter that the former had offered him five hundred dollars
to murder him, and soon afterwards Silas Gayheart, who was a
friend of French, was murdered, as it is charged, by Eversole and
his friends, and from that time on the troubles have grown and
assassinations multiplied, the victims being first from one side
and then from the other. I thought it advisable to call out 44 of
the reserve militia, all that I had arms for, and selected these
from the best, non-partisan people that I could.

The list was not complete when I left, but I authorized Capt.
Sohan, whom I found to be an excellent officer, to muster them
in, and gave him similar instructions to those you gave me on the
subject.

Judge Lilly is very anxious that the troops go with him to Knott
and Letcher Counties, but I heard of no organized band of outlaws
in those counties too strong for the civil authorities, if the
latter will do their duty. The troops, officers and men comprising
the detail, conducted themselves in a soldierly and appropriate
manner, and I apprehend that they will have no trouble in
protecting the court from violence should any be offered, which I
think improbable.

Very respectfully,
SAM E. HILL,
Adjutant-General.

Captain Sohan's report contains additional facts of interest; the difficulty in reaching the remote, mountainous section, and facts connected with the conduct of the court.

HEADQUARTERS LOUISVILLE LEGION.

FIRST REG. KY. STATE GUARD, ADJUTANT'S OFFICE.

Louisville, Ky., November 27th, 1889.

To the Adjutant-General, Frankfort, Ky.

Sir:--Under instructions contained in your letter of March 8th,
1888, handed me at Hazard, Perry County, Kentucky, I have the honor
to submit the following report:--

Pursuant to General Orders Nos. 38 and 39, issued from regimental
headquarters, and authorized by Executive Orders, I left Louisville
October 30th, at 8.05 P. M. with a detail of four commissioned
officers and 63 non-commissioned officers and privates, and 1
gatling gun, under instructions to report to Hon. H. C. Lilly,
Judge of the 19th Judicial District, at Hazard, Perry County,
Kentucky.

The detail occupied 2 passenger coaches and 1 baggage car, which
were attached to the regular 8.05 P. M. train on the Knoxville
Branch of the L. & N. Railroad. We arrived at London, Ky., about
two o'clock, and there our cars were sidetracked and the command
occupied them until daylight, when we disembarked, had breakfast
and started for Hazard, which is about 75 miles distant. We
traveled in wagons, which had been provided by Lieutenant J. H.
Mansir, Acting Quartermaster, who had preceded the command to
London for that purpose. To transport the command were required 14
wagons and teams, and 1 team for gatling gun. The officers were
mounted. Owing to the condition of the road, in places almost
impassable, the march was very tedious; the men had frequently to
dismount and help the teams up the hills or over rough places.
About 4 o'clock we went into camp for the night, and resumed the
march next morning at good daylight. We continued the march in this
manner from day to day, going into camp between 3 and 4 o'clock,
and resuming the march between 6 and 7. We reached Hazard at three
o'clock Sunday afternoon, November 3rd, 1888, it being the fifth
day out from London. On the second day of the march we were joined
by Judge Lilly, when about 25 miles from London. He remained with
or near the command until we reached Hazard. At various points
along the route we were met by the officials of the Perry Circuit
Court--the circuit court clerk, sheriff and deputy sheriffs--all
of whom were awaiting escort, and who accompanied the troops into
town.

Arrived at our destination, I found the court house unsuitable
for a camp-ground, and selected for that purpose a hill in rear
of the court house, and about 200 yards distant. It proved an
admirable site, being dry, easily picketed, in a manner secluded,
and affording good opportunity to command the town in case of
difficulty. We were comfortably encamped before dark, and entered
at once upon the routine of camp life, the full particulars of
which have been made known to you in my daily reports. I reported
for duty to Judge Lilly at the court house on Monday, the 5th
inst., at 9 o'clock A. M. He instructed me that he would not
require a guard at the court house or town just then, not deeming
it necessary, as but few people were in, and that in any case he
did not intend to try to do anything until after the election,
which occurred on the 6th, and that when he wanted a guard he would
let me know. I returned to camp and the judge adjourned court
until Wednesday, the 7th. Upon resuming Wednesday, the town being
well filled with people, the judge required a guard in the court
room as a precautionary measure, and entered formally upon the
business of the term. I noticed that in charging the grand jury he
dwelt at considerable length upon the crimes of illegal selling
of liquor and gaming, but passed murder with the remark that "it
was unnecessary for him to call the attention of the jury to the
fact that murder was a crime," and also when one of the attorneys
at the bar wanted to introduce a motion to reorganize the grand
jury, in order to get a jury that would indict certain persons
for murder, the judge informed him that he would overrule any
motion to that effect: "That if commenced, there would be no end
to it; that the jury was carefully selected, and was as good as
could be had in the county." The business of the court proceeded
slowly, the great majority of the cases having to be passed, owing
to the absence of the accused, or of important witnesses, whose
attendance it seemed impossible to secure. A few convictions for
minor offenses were secured, the penalty inflicted generally being
the lowest prescribed by law; besides these, but one important
case was decided, one man being sent to the State prison for one
year for shooting and wounding, receiving the lowest penalty. The
judge, in finally dismissing the jury, reprimanded them for their
leniency, and called attention to the light sentence imposed as
indicative of the state of feeling throughout the community. As
far as I could judge the court officials used every endeavor to
promote the ends of justice, but were effectually hampered by their
inability to make arrests and secure the attendance of witnesses
and get juries to convict. About the third or fourth day of the
court, B. F. French, one of the principals in the French-Eversole
feud, was brought into town by the sheriff of Breathitt County.
He was surrounded by a posse of about twenty men who rode in in
good order, in column of twos, each man holding his rifle at
an "advance." They went at once to French's residence, where
they remained during the court. I believe French was nominally
surrendered to the sheriff of Perry County, but was permitted to
remain in his house and was constantly surrounded by the Breathitt
County posse, which was made up of his friends and followers, and
which was represented to me as containing some of the worst men
in Breathitt County. So threatening was their appearance that the
judge commanded them to surrender their arms to me. They at first
refused, but finally brought nine rifles into camp, and, I suppose,
hid the balance, as they did not appear any more under arms. The
rifles surrendered to me were the 50-calibre Springfield, exactly
the same gun as the State Guard was formerly armed with. I returned
them to the posse, on an order from the judge, when they left town.
French, although under arrest, went constantly armed, and seemed to
be under no restraint. A day or so after his arrest he went into
court, gave bond for himself and several of his followers and was
released from arrest, but remained in town until near the end of
the term, when he left for Breathitt County, surrounded by an armed
guard similar to that which brought him in.

Perhaps the most important event of the trip was the formation of a
military company at Hazard, the organization of which was commenced
by yourself during your stay there, and completed by me, acting
under your instructions. I have made full reports of this event
to your office, with roster of company and report of election of
officers. I respectfully recommend that this company be encouraged
in every way possible, as in my opinion it will have a quieting
effect upon the turbulent element in Perry County. The company is
largely made up of the men selected by yourself, and who are, as
near as possible, unbiased in the feuds of the county. The officers
appear to be good men for the positions to which they were elected,
and enjoy the respect of the community.

As the end of the term approached, and being without orders to
govern my further movements, I despatched Lieutenant Gray, who
volunteered for the service, to London, on Saturday, the 9th inst.,
with a telegram to your office asking for instructions. I waited
until the last day, knowing Judge Lilly had asked the Governor
for troops over his entire circuit. You had instructed me that
definite orders would be sent me in time to act. The order did
arrive Monday afternoon, having been delayed two days in the mail,
and was to return to Louisville. I immediately made arrangements
to break camp, and Lieutenant Gray having returned Tuesday night
with telegram confirming the above order, the command left Hazard
Wednesday, the 20th. Judge Lilly remained in Hazard, awaiting
action of the Governor in regard to his application for troops,
and his request for these being refused, he decided not to go any
farther on his circuit, and left Hazard with us. He parted with us
finally the next day, a few miles out from Hazard, and I believe
returned to his home.

I desire to express my thanks to Judge Lilly for the uniform
kindness and courtesy of his bearing toward myself and my command.

The return trip was made in the same manner as the outward one, and
by the same means, but was even more trying on the command, as the
weather was colder and the roads worse. We reached London Sunday,
27th, about three o'clock P. M. We found cars ready for us, and at
once occupied them. They were attached to the one o'clock A. M.
train and arrived at Louisville Monday morning, the 28th inst.,
where the command, having disembarked, were marched to the armory
and disbanded.

This ended a service somewhat unique, even in the varied experience
in the Kentucky State Guard.

That it was productive of good there can be no doubt. It impressed
the people of the community that the State was determined to assert
her power and majesty, and that they would no longer defy the law
with impunity. The officials of the court and residents of the
town and county were unanimous in the assertion, which was made
to me repeatedly, that the term of the court could not have been
held without bloodshed, except for the presence of the troops, and
I believe this to be true. On the day of the national election
there was not the slightest disturbance, although several murders
and affrays were reported from adjoining counties, in Hazard,--a
thing almost unprecedented in its history. We had here the same
experience that the State troops have always had on similar
service, that is, the police power of the State is universally
feared and respected. That there will be more bloodshed before
this feud is settled was the opinion of all to whom I spoke on the
subject. The men engaged in it are vindictive and daring, and will
use any means to escape punishment or gratify their revenge. That
the people really believe this, is shown by the fact that many of
them had left the town permanently. The circuit clerk and county
judge, both residents, left when we did with the intention of not
returning. Half the houses in town were unoccupied, and one of the
citizens lamented to me the fact that whereas they formerly had
150 inhabitants they now had but seventy. The moral condition of
many of the people of this section is indeed deplorable. There is
not a church of any kind in the county, but few schools, and they
of the most primitive sort; not half of the murders committed are
ever made known to the public; many of the people live in the most
squalid poverty and social degradation; incest of the vilest sort
is frequently practised, and the marriage ceremony is constantly
ignored. I have counted as many as fifteen children, who, with
their parents, occupied a small cabin, containing one room. It is
from such conditions that the disordered state in the community
arises, and in my opinion they cannot be fully removed until
advancing civilization and development bring new people and new
incentive to labor.

This state of affairs renders it very difficult for the civil
officers to perform the duties satisfactorily, as a majority of
the people seem to have sunk into a kind of apathy regarding crime,
and hold aloof from any effort to enforce the laws. The fear of
secret assassination or "bushwhacking" hangs like a pall over the
entire section, so that those who would otherwise aid in enforcing
order do not care to risk their lives in the attempt. I will state
an instance showing how widespread this fear is: Several of the
men in French's body guard were wanted in Knott County, and the
warrants for their arrest were brought to Hazard by a _woman_.

Neither is this fear groundless, as is shown by the fact that more
than twenty men have been killed in the French-Eversole feud,
most of them being shot from ambush. This is the secret of all
the troubles. The people are held in terror by a few desperadoes.
The peaceable and respectable citizens largely predominate in the
county, and could they be assured of protection, would soon put an
end to the disorders. In closing this report, it gives me great
pleasure to refer to the conduct of the detail under my command.
Perhaps no part of the State Guard has ever passed through more
severe test of discipline and endurance. Certainly none have ever
responded more gallantly and faithfully to the demands made upon
them. The march from Louisville to Hazard and back was particularly
trying, the camp each night being but temporary, the men could not
make themselves comfortable and suffered severely from the cold.
The road is simply indescribable, being so rough that most of
the command preferred walking to riding in the wagons provided.
We frequently marched for hours in the water, the natural bed of
the creeks being the only available way through the hills, and
this was generally the best part of the road; at other times it
took all hands to help the teams up the hills, or keep them from
falling over precipices. Through it all the men were cheerful and
uncomplaining, and though allowed every possible liberty, there
was not a single serious breach of discipline, and but few even of
a trivial sort. This, I think, speaks well for the training and
reliability of the command from which the detail was taken.

The health of the detail....

Very respectfully,
Your obedient servant,
J. M. SOHAN,
Captain Commanding.

With the departure of the troops returned the same chaotic conditions which had characterized the county previous to the term of court which they had been sent to protect. During the spring term, however, a number of indictments were found against law violators. This would, of course, bring the accused, their friends and many witnesses to court, at the following November term.

Judge Lilly refused to share the belief of the Governor that the Home Guards would be able to suppress disorders and properly protect the court. He failed to appear. An election for special judge resulted in the seating of Hon. W. L. Hurst as judge pro tem.

THE BATTLE OF HAZARD.

(NOVEMBER 7TH AND 8TH, 1889.)

Court had proceeded with unimportant business until the fourth day of the term.

Considerable disorder had occurred on the night of the third day of court, but actual hostilities did not open until the following morning.

During the forenoon a heavy volley of shots suddenly rang clear and sharp in the cold November air and echoed through the valley.

There was a momentary silence in the crowded court room. Every man looked at his neighbor, questioningly and uncertain. Then with one impulse judge, lawyers, jurors, officers and bystanders sprang to their feet, rushed for exits and into the street. There the crowd scattered like sheep in all directions, some to seek the protection of the walls of buildings, others to depart from town without the ceremony of a good-bye.

Not until after the first stampede had somewhat abated was it that the factions began to take cognizance of the situation and prepare plans for concerted action.

When the first volley fired, no one about the court house knew what had really happened. No one took the time to ask. It was instinctively assumed that it was the beginning of the long-expected general battle between the French and Eversole forces.

The shooting had been done by the owner of a glorious jag, and if cooler heads had prevailed a battle might have been averted, but once the factions had reached their arms and assembled, peace was out of the question. The instigator of the trouble, one Campbell, had been engaged with several others of his friends, in a game of cards, on a hill overlooking the village. The hill is known as the Graveyard Hill. In a spirit of excessive hilarity, produced by over-indulgence in fire-water, he had stepped to the side of a tree and fired his pistol. At the upper end of town one Davidson kept a store. At the reports of the pistol Davidson looked out of a rear window of his place of business. He saw Campbell standing on the hill waving his still smoking gun. Davidson procured his Winchester rifle, took deliberate aim, then fired. Campbell sank dead to the ground.

As soon as the panic-stricken crowd had left the court house the Eversoles rushed into it and took possession of it.

Two French men, Jesse Fields and Bob Profitt, found themselves isolated in a jury room on the second floor, while the court room proper was already occupied by their enemies, the Eversoles. The two were in a precarious situation and thoroughly realized it. There seemed but one chance for escape open to them--a leap through the windows into the yard below. They saw themselves outnumbered twenty to one. Resistance would have been folly and surrender did not appeal to them. Neither side had thus far in the "war" exhibited much respect for principles of civilized warfare.

The moment the Eversoles took possession of the rooms beyond, Fields and Profitt locked the door of their room and as noiselessly as possible hoisted one of the windows. On looking into the yard below they hesitated. It was a high jump, with many chances in favor of their breaking their necks, or at least a limb or two. But when the enemy attempted to break through the door all hesitation vanished. Both leaped and landed on the ground below without sustaining injury.

This daring leap had been perceived by the Eversoles. The two men were fired upon as they ran for life toward and into the jailer's residence for cover. This building, as well as the court house, was of brick. The two structures stood within fifteen feet of each other and fronted the same street. The Eversoles now passed their time in ventilating the thin brick walls of the little building. Fields and Profitt began to feel uncomfortably warm, but held the fort. They had an ample supply of ammunition and continued to pour volley upon volley into the windows and through the walls of the court house. All through the long afternoon the guns roared. Clouds of smoke hung low and heavy over the unfortunate town. Constant was the clatter of firearms. The incessant hiss of leaden missiles was interspersed with shouts and defiant curses while the silent terror of women and children was pitiful to behold. The whole presented a scene not easily forgotten by those who were compelled to witness it.

Thus far the battle had proved bloodless, notwithstanding the tremendous expenditure of ammunition. Neither of the belligerent armies had dared an open attack. They fought now as they had practically always fought during the war--from well-secreted places. Fortified in their quarters, they took care not to expose their persons. It was no senseless caution, for upon the appearance of an object anywhere, behind, in or under which a human being might be suspected, it became at once the target of many guns and received very close attention indeed.

With the approach of night Fields and his comrade felt that they must evacuate the premises or succumb to an attack by superior forces under cover of darkness, but to join their friends some distance away they must necessarily run a dangerous gauntlet. However, they preferred dying in the open to being caught like rats in a trap.

It was dark when the two desperate men started on their perilous journey. With heads bent down upon their breasts, like men facing a beating hail, they ran for their lives. Every gun of the enemy was trained upon them, and fired. Presently defiant yells from the French position announced to the crestfallen Eversoles that their prey had escaped them.

When the battle started French was absent from town. He arrived during the night.

All night long the battle continued with scarcely an intermission in the firing.

During the night Tom Smith and Jesse Fields succeeded in eluding the vigilance of the Eversoles and occupied the Graveyard Hill. When the first ray of dawn approached, Fields and Smith opened a terrific fire upon the Eversoles in the court house, the balls crashing through the windows, driving the occupants to seek safety by throwing themselves upon the floor.

During the early morning hours two of the Eversole men attempted to cross a street near the court house, when Fields and Smith opened fire upon them. One of the men, J. McKnight, was instantly killed, while his companion escaped. Smith and Fields used a sunken grave as a rifle pit and from a tombstone Smith took the rest for the shot that killed McKnight.

The strategic advantage of French's men perplexed the Eversoles, who, penned up in the court house, were rendered practically helpless. The fusilade was so continuous that an attempt to return the fire from the windows would have meant certain death. The balls crashed through the windows, tearing the wood casings to splinters and the shutters were completely shot away. The furniture in the court room was thrown about and knocked into atoms. The building, from which the Eversoles had expected so much as a point of vantage, proved a death trap. To retire from it the Eversoles appeared as anxious as they had been to take possession of it. Their retreat to the river bank was effected in safety, but to prevent attack while crossing the river, Green Morris and a companion remained concealed under the banks of the river. Fields and Smith on the Graveyard Hill were the first to see the Eversoles in retreat and started in pursuit. Approaching the hiding-place of Morris, the latter fired, wounding Fields severely in the arm and thus effectually checked further pursuit. If Smith and Fields had reached the river unharmed, the record of the fight might present an increased list of casualties, as both were men of great courage and good marksmanship.

On the records of the Perry Circuit Court appears an order of Special Judge Hurst, giving his reason for the unceremonious adjournment of court. It is an interesting document. Certainly Judge Hurst's reason for adjournment seems a valid one:

PERRY CIRCUIT COURT.

4th day Nov., Term 1889.

At this term of the Court there were two armed factions in the town
of Hazard, the French and Eversole factions, antagonistic to each
other.

On the second night of the Court, the acting judge was shot but not
wounded (?) in the French end of the town, French not being in the
town at the time, but some of his men were and the next evening at
dusk a "dinamite" or other cartridge with burning fuse attached
was thrown over the judge's room or house in which he stayed and
exploded heavily on the other side of the house.

Court continued till the evening of the 4th day, when the two
factions began heavy cross-firing at each other in earnest about
and near the court house, which completely "correlled" the court,
the jury, the officers and people in court for some time, and
before the firing abated, the judge plainly seeing, that it was not
intended that court should be further held, and it being impossible
to further progress with the business and live, the court ordered
the clerk to adjourn the court, and the non-combatants to save
themselves as best they could. They did so, but one shot was fired
at them from the Eversole quarters as they left.

The fighting continued through the next night and until about 9
o'clock the next day excepting some intervals of rest. The French
side received reinforcement from Breathitt County. During this
fight two men, friends of Eversoles, were killed in the battle, and
it was rumored that one of the French party was badly wounded and
perhaps killed and another one wounded.

The Eversole party claimed that they were destitute of ammunition
next morning and retired from town without being injured thereby.
The clerk left with his keys, the jury left, the judge remained
till the next morning in the town and after the retreat of the
Eversole party, when he received news as coming from the French
side that he and the women and children could leave the town
unmolested provided he did not go back to the court house,
whereupon the court and some of the women and Commonwealth's
attorney quietly marched away and in pursuance to the court's
orders this court is hereby adjourned in course.

This order was signed at the August Special Term of the court 1890
and on the 11th day of August, 1890.

* * * * *

Immediately after the battle the factions scattered through the neighboring counties, scouting in small detachments, and continually shifting quarters.

A special term of the Perry Circuit Court was called for August, 1890. On the night of July 4th, however, a deed was perpetrated which was intended to and did block the business of the court.

The town was awakened by the shrill cry of "fire," the crackling and crashing of burning and falling timbers--the court house was a seething mass of fire, and the people could only look on as the structure succumbed to the consuming element. There was never any question as to the origin of the fire. It was the work of incendiaries. Fortunately, most of the records were saved.

Many of the feudists now began to tire of the constant scouting. There was not enough real fighting to make it interesting. Occasional ambuscades had lost their charm. Many longed for peace and home. Among these was Robin Cornett, an Eversole man. Pretending friends encouraged him to return to his home. He did so, and as day after day passed without the least mishap, he often visiting Hazard in apparent safety, he relaxed his vigilance, and fell,--a victim of relentless assassins.

One morning (July, 1890) Cornett, in company of his little brother, started to the field to cut oats. Finding the grain not ripe enough, he abandoned the field work and proceeded to the woods to peel logs. A tree, which he had cut, fell across a narrow ravine, elevating portions of the trunk several feet above the ground. He leaped upon it, ax in hand, when shots from the near bushes accomplished another foul assassination. Cornett sank dead upon the log, while his little brother ran for life and escaped.

There can be no doubt that Cornett's doom had been sealed the instant he returned home. The murder had been planned and was executed with cruel cunning and occupies a front rank among the many infamous assassinations, which have given this feud such notoriety.

At the special term of the Circuit Court, Judge Lilly appeared, accompanied by a detachment of State Guards, commanded by Adjutant-General Gaithers of Louisville, Ky. The court house had not been rebuilt and a large tent served the purpose. It soon became evident that the court meant business. A large number of deputy sheriffs were sworn in to supplant the inefficient Home Guards. These were at once disbanded and ordered to return the accoutrements they had received, but the few articles turned over were hardly worth the shipping expenses, many of the guns being broken.

Within a few days after court had begun, prisoners were brought into court as fast as indictments were found. The jail became so crowded that many prisoners were kept in a strongly guarded tent. As rapidly as the cases were called up and the accused were presented in court, they were transferred to the Clark County Circuit Court for trial. It was a wise and necessary step indeed. Not only would it have been impossible to secure qualified jurors in Perry County, but the attendance of the accused, their friends and witnesses would most probably have invited a clash between the contending factions.

The last days of the term of court, commonly called the "Blanket Court" had come and gone without the least disturbance, and the removal of the prisoners to the Winchester jail was also effected without mishap. The backbone of the war was at last broken. A strange, but welcome, calm succeeded turbulence, bloodshed, and anarchy.

A great change had come over the caged warriors. Disarmed and crowded in the narrow confines of a prison, they faced each other but the deadly Winchesters were no longer in reach. Fast in the clutches of the law, the law which for so long they had disregarded, evaded, shamefully violated, they now had ample opportunity for reflection and sober reasoning. The absorbing and very pertinent question: How to escape the punishment of the law worried them. It was a knotty problem indeed. The lions, made captives, were now tame and submissive. For the first few days after these foes met in prison, hatred and bitter feeling found vent in abusive epithets and fistic encounters, but the realization of helplessness reminded them of the need of making friends out of enemies. They realized their power to destroy each other in the courts, but would not the destroyer himself be destroyed? Revenge could only open more cell doors, or furnish culprits for the gallows. It was this prospect of conviction, of punishment, which effected at last what bloodshed could never have accomplished--it reconciled in a measure the enemies of old, some of them actually becoming friends, and thus again effectually clogging the legal machinery. The necessity of self-preservation brought matters around in such shape that we find men who had opposed each other in deadly combat, fighting side by side the legal battles in court. None of the prisoners was allowed bail, but after removal to Clark County, one after another of the accused demanded examining trials and upon being allowed bail, readily executed bonds and returned to their homes and families, which many of them had not seen for months.

With the removal of French, Judge Combs and others of the feudists returned an era of peace which continued uninterrupted until 1894, with the exception of a street fight in the town of Hazard between some of the Eversole faction and Jesse Fields, a French follower.

In this battle some of the Eversoles and Fields were wounded, and a colored bystander was killed by a stray bullet.

In 1894 occurred the last assassination as the direct outcome of the feud.

Tired with a life that now separated old Judge Combs from his family and friends, he determined to and did return to Hazard to round out the declining years of his life.

He might have lived in perfect peace and security elsewhere, but the humble mountain home in the village of Hazard, so dear to him through the associations of his youth and manhood, now attracted him more than any other spot on earth. He could not bring himself to desert it once and for all, in the chilly winter of old age.

Notwithstanding his faults, and his record during the feud shows him to have been at fault on more than one occasion, he had a host of friends, and these tried hard to dissuade him from his purpose. But he had formed his resolve, and refused to be guided by well-meant advice.

There is something very pathetic in this old man's attachment for a home which, for years, had offered him danger instead of peace, sorrow instead of happiness.

He had visited his home surreptitiously on several occasions since his removal therefrom. On one of these visits he had narrowly escaped death by assassination. This attempt upon his life should have convinced him that his doom was sealed, that his death had been decreed. Yet, notwithstanding all this, Judge Combs returned to Hazard to reside. But a little while afterwards he succumbed to the assassins' bullets.

The murder was committed in broad-open daylight, in plain view of many townspeople, and, also from ambush.

At the moment the fatal shot was fired, the old man was engaged with several of his friends and neighbors in commonplace conversation.

Within a few feet of the group of men stood a fence enclosing a lot planted with corn, which, together with the thick and tall growth of weeds and bushes, offered the assassins admirable opportunity to approach their victim to within a few feet without danger of discovery.

No one noticed the slight rustling of the corn blades. No one saw the hand that parted them skilfully to make way for the gun which accomplished its deadly work. There was a puff of smoke, a loud report and Judge Combs reeled. Suddenly he straightened himself up, stood apparently undecided for a moment, then walked across the street toward home. At its threshold he sank to the ground and expired without a groan.

The murderers had evidently been determined to guard against any possible blunders which had, on former occasions, saved the old man's life. For from the moment the shot was fired up to the time the old man fell dead, the murderous gun continually covered him, ready for instant service should it appear that the first shot had not been fatal.

After the victim had fallen to the ground, the principal of the assassins deliberately walked to the rear of the lot. Here he was joined by one of his confederates. A third had already opened fire and continued a fusilade from across the river for the evident purpose of pretending the presence of a large force and thus by intimidation to prevent pursuit.

The three confederates then proceeded calmly down the river. Their retreat was deliberate. At no time did they exhibit the slightest apprehension of danger or fear of pursuers.

The utter recklessness and boldness with which the crime had been committed completely stupefied the townspeople. Intelligent, prompt action was out of the question for a time. Not until the murderers had had a long start did it become possible to organize a posse.

At last the fugitives were sighted by the pursuers. A general exchange of shots followed. One of the outlaws was wounded. He continued his flight with difficulty.

A running fight was now kept up for a great distance. Then the fugitives disappeared in the dense mountain forests and the chase was given up. But one member of the posse was wounded.

Several of the eye-witnesses of the tragedy and members of the pursuing posse had recognized Joe Adkins, Jesse Fields and one Boon Frazier as the fugitives. Joe Adkins was the man who had fired the fatal shot which took the life of the old man Combs.

The three parties mentioned were in due time indicted. Adkins and Fields were arrested. Frazier was never caught.

The cases against Adkins and Fields were transferred to another district in Kentucky for trial. The best legal talent of the state participated in the famous trial. Honorable W. C. P. Breckinridge, a lawyer and orator of national fame, had been retained as counsel for the defence.

Fields and Adkins had been French men all through the feud, in fact, had been among his most trusted lieutenants since its commencement. Rumor, therefore, quickly associated the name of French with the murder of Judge Combs. French stoutly denied any complicity in this affair. Then, like a thunderbolt from a clear sky, came the startling intelligence that Tom Smith, another French warrior, had given out a confession which seriously compromised French.

Smith was then under sentence of death at Jackson, Breathitt County, for the murder of Dr. John E. Rader. As is usual with doomed felons, he became converted and sought to wash his sin-stained soul whiter than snow by a confession. It set forth that he had been present at the home of Jesse Fields on Buckhorn Creek, Breathitt County, at a time when French, Adkins and Fields discussed and perfected plans for the assassination of Judge Combs; that he, Smith, would have assisted in the dastardly murder but for a wound which he had a short time before received in a pistol duel with Town Marshal Mann on the streets of Jackson.

This confession resulted in French also being indicted.

The confession itself was of no importance from a legal standpoint. It, however, materially assisted and strengthened the prosecution by uncovering certain circumstances of which it might otherwise have remained in ignorance. The friends of the murdered judge pointed out with emphasis and logic that Smith had always been a French confederate, had fought for him, taken life for him; that he had told the truth about his participation in the murders of Joe Eversole, Nick Combs, Shade Combs, Cornett, McKnight and Doctor Rader. Was there any reason, they asked, why Smith should have lied in regard to French's complicity in the murder of Judge Combs, yet had told the truth concerning all things else. Why, they argued, should Smith desire the ruin of his friend, his companion in arms, his chieftain, and accomplish it by false statements, when the truth would save him?

French was indicted, tried and acquitted. On the first trial of Adkins and Fields both received life sentences. The cases were taken to the Court of Appeals and there, in an exhaustive opinion, reversed.

The second trial resulted in a life sentence for Adkins and the acquittal of Jesse Fields. Adkins, however, has been a free man again, lo--these many years. A life sentence in Kentucky is not what it seems.

Thus ended the last act of the bloody drama--the assassination of Judge Combs. He was murdered because he had espoused the cause of Joe Eversole at the breaking out of the war. Joe was his kinsman. As has been said, Judge Combs undoubtedly contributed to the state of anarchy which continued for so long in Perry County and disgraced American civilization. As a sworn officer he had no right to permit love for his kinsman, his friendship and affection for Eversole, to swerve him from plain duty. Judge Combs' partiality in the discharge of his duties as judge of the county doubtlessly hastened the conflict, for while it protected one faction, it furnished good and sufficient reasons to the other side to place no confidence in his administration of the law, and roused them to savage, retaliatory crimes. Notwithstanding all this, this last assassination was cowardly, as all the others, for that matter. If Judge Combs deserved death, we may well ask how many of the other participants in this feud ought to have shared a similar fate at the hands of the law?

BLOODY BREATHITT.

Several bloody feuds, innumerable assassinations, demoralized courts, the purchase with money of slayers, anarchy in its most atrocious and hideous forms--such has been the history of Breathitt County since the days of the Civil War.

Breathitt County is not a remote section, out of touch with civilization, where ignorance might be pleaded in extenuation of the shameful lawlessness. Breathitt County has furnished men of brains, of power, and of the highest integrity.

In Breathitt County, as well as in all the other feud-ridden sections, the good citizens are in the majority.

Yet there, as in the other lawless communities of which this history treats, the good element suffered itself to become intimidated to such an extent as to eliminate it as a factor to be employed and relied upon in restoring order.

It may also be stated that Breathitt's chief feudists, murderers, conspirators and perjurers have counted men of brains among them, who, however, delegated their work of bloody revenge for real or fancied injuries to persons of a lower degree of mentality. Ignorant, half-savage tools serve better.

The murder lust has been rampant there for many years, and it is there yet. The outside world has heard only of the most important tragedies, that is, tragedies which involved men "of brains and power." The "little fellow" is murdered without much attention being paid to it.

Within eleven months during the years 1901 and 1902, nearly forty men had been slain in cold blood, and for which crimes not one has suffered the extreme penalty of the law.

Why is it, then, that since the good citizens are in the majority, they are willing to submit to terrorization by a few? Why do they stand idly by instead of rising in their might and punish?

Will the reader answer another question: Why is it that an entire train load of men will tremble and shake in their shoes, throw up their hands, and allow one or two bandits to take possession of their property?

It has happened in a few instances that bandits have come to grief through the intrepidity of an individual who acted in spite of any fear of impending death. We remember an incident of that kind during a hold-up on a western road a few years back. The engineer, fireman, conductor and brakesmen were lined up and held under the guns of one of the bandits. Two of his confederates went through the coaches.

The engineer, a small but determined man, watched his chance, made a sudden lurch forward, with his head butted the bandit in the stomach, crumpled him up and put him out of commission. The train crew then possessed itself of the guns and started for the coaches, firing a few shots as they went. This disconcerted the robbers within. They made for the doors to see what the shooting outside meant. It was their finish. Several of the passengers who had been standing, trembling, with their hands in the air, believing help had come, regained their courage, sprang upon the outlaws, disarmed and securely tied them. No one was hurt.

It is the fear of the bushwhacker that prevents concerted action of the law-abiding element in a community where assassinations from ambush are the common methods employed to rid one's self of an enemy. And it is no idle fear. For one man to set himself up as the champion of law and order and to defy the outlaws to do their worst, is equivalent to signing his own death-warrant. He is liable to be picked off as an undesirable citizen.

Assassinations from ambush are always difficult to prove and alibis are manufactured at small cost. Perjury, too, is common. It is the favorite weapon of the defense in such cases.

Then the successful assassin is shrewd enough to conduct himself usually, though not always, in such manner as to have friends among all classes of people, even among the best.

Many of the worst men have used the cloak of religion, or church-membership, to hide their black hearts. The masonic lodge has been prostituted by such men of shrewd deceit.

It is no assurance of a man's goodness to find him sitting in a church pew on a Sunday, with the Bible in his hand, for even within the holy sanctum of the Lord the foulest conspiracies and crimes have been hatched in the brains of men. This does not apply to Breathitt County or Kentucky alone.

Some of the most noted feudists never fired a gun themselves, but in their daily intercourse kept themselves unspotted before the world, and used willing, paid tools to accomplish their bloody ends. Such men always indignantly deny any imputation of wrong-doing. They have been known to condemn in the loudest and the most emphatic terms outrages against the peace and dignity of the State, the result of their own planning.

The writer once pointed out to a gentleman from another state a certain chieftain of murderers. He shook his head. "That man a murderer?" he said. "Why, he is the most amiable person with whom I have come in contact with in a long time. That man has brains, he has education. That man is wrongfully accused, I know. No red-handed murderer could look you in the eye like that, or counterfeit the innocence imprinted upon his countenance."

The truth was, this particular outlaw had never murdered any one with his own hands, but he had been the directing, managing spirit of foul conspiracies and of wholesale assassinations.

This adoption of the mask of deceit serves another purpose. Since you can never tell by a man's looks what is in his heart, citizens grow suspicious of one another, and fear to express their opinions. That this vastly increases the difficulty of concerted action looking toward the eradication of crime, is apparent.

Reverting again to the murder lust: What is it's origin? What keeps it aflame? What inspires it? Is it that the savage of the stone age is not yet dead? That the veneer of civilization has in all those thousands of years not become thick enough to prevent its wearing off so readily? Perhaps. At least, it seems so.

Let us quote a recent example of this fearful blood lust:--

Jackson, Ky., Aug. 29, 1916.

"Don't you want to see a nigger die," witnesses report were the
introductory remarks offered by Breck Little, who Sunday shot and
killed Henry Crawford, colored, 17 years old, on Old Buck Creek
in Breathitt County. The shots were fired from a barn door which
Crawford was passing while going up the road, and the victim fell
dead in the road.

This illustrates the lust for blood. "Don't you want to see a man killed?" If you do, say so and you may be accommodated.

We have pointed out heretofore in a former history that there is much similarity between the old Scottish feuds and those of Kentucky; that the clan spirit is yet alive; that Kentucky feuds are nothing more nor less than transplanted Scottish feuds. This view has been adopted by other writers and sociologists as furnishing the solution of the riddle: What is the cause of these feuds?

But can such incidents as the one cited above be attributed to the clannishness of the people. No. Such individual acts of savage ferocity can have but one source--an inborn, natal craving for blood. This and this alone can furnish us any sort of explanation why men slay without provocation or purpose.

Bad Tom Smith, of Perry County feud fame, slew to satisfy this craving for blood. According to his own admission, it had made itself felt when he was a mere youth. He was a degenerate pure and simple. His last murder, that of Dr. Rader, was committed without any motive whatever. "I just raised up and killed him while he was asleep!" That was the only statement he would ever make concerning that bloody deed.

Environment has, of course, much to do with it. Yet if we look about us, we find that counties in the very midst of feud-ridden sections have remained free of the murder craze.

Many years ago Breathitt, along with practically all the other mountain counties of the State, decided to abolish the saloon. Local option has been in force there now for years. It was hoped that the elimination of the legalized liquor traffic would eradicate crime, or, at least, enormously diminish it. Prohibition is supposed to exist in Jackson and the county at large. It will not do to say that notwithstanding the local option law is in operation, liquor is still at the root of the evil. We must presume that the prohibition of the sale of liquor is enforced. To presume otherwise would be to acknowledge the inefficacy of prohibition laws. Doubtless the local option law is enforced in Breathitt as much so as anywhere else where similar laws prevail, or, better said, the laws in this respect are enforced as far as is possible with interstate shipment of whiskey into local option territory remaining unobstructed.