Bloody Breathitt

Special Telegram to The Inter-Ocean.

Jackson, Breathitt County, via Mount Sterling, Kentucky, December 20, 1878

The troubled minds and fluttering hearts of the law-abiding residents of Breathitt County, of which class there are happily a few specimens left, were greatly tranquilized by the arrival of the detachment of militia dispatched by Governor McCreary on Tuesday last. There were 56 men in the detachment, under the command of Captain Taylor, of the McCreary Guards. This mere handful of men had a terribly rough trip of it over the mountains, a journey of over 70 miles over the worst roads that can be provided by any country in the world. For miles and miles they had to wade through mud nearly knee deep, and scale heights that would furnish difficult climbing for a goat. They went very light-bodied for thoroughbred Kentucky militia, taking scarcely anything with them but their clothes and implements of war. They had to sleep out on the cold, barren hills, with no shelter covering them, except their blankets, and they didn't like it a bit. Their progress was necessarily very slow, and they were from Friday till Tuesday noon making the march. Still they arrived at Jackson in good spirits, though badly jaded, and covered with mud.

There were not many citizens in the village to either welcome with or scornfully reject their kind offices.

Twenty-five persons would have answered for an enumeration of that portion of the population, and they were either men of desperate characters of store keepers, whose courage was altogether equal to the demands of trade. The latter class did not propose to be frightened away from their business, and have kept at their posts at not little peril and risk. The people of Breathitt County are not unaccustomed to unpunished violence and bloodshed, but within the last month they have been absolutely terrorized. As has been frequently stated in the newspapers, a lot of desperadoes, not over 20 in number, have had things their own way, shooting each other to the death, and firing upon the dwellings of people who were out of their quarrel altogether when their accepted foes failed to afford them more acceptable targets. The lawless outbreak had its origin in a number of causes, which it is almost impossible to analyze to the satisfaction of peaceful people who are not familiar with the characteristics of the Kentucky mountaineer, and are not aware of the extent to which close relationships prevent the execution of laws in Breathitt, as well as several other counties in the commonwealth.

The Immediate Cause

The immediate cause of the outbreak was the attempt of two sets of determined men to get the better of each other in securing the fees to be derived from the conducting of an alleged wife-murderer named Jason Little from the Lexington jail to Jackson for trial. The remote cause can only be traced to a lot of old feuds, which have been revived with increased bitterness by this contest for a few dollars. Briefly stated, the case stands thus: About the 20th of November Shade Combs, a deputy under Sheriff Hagins of Breathitt, slipped up to Perry County, where Circuit Judge Randall was holding court, and obtained an order directing the sheriff of Breathitt, or his deputy, to proceed to Lexington, where Little had been sent for safe keeping, and conduct him back to Jackson to stand his trial. Without Sheriff Hagins' knowledge, Combs, with his brother Buck and eight other men, whom he summoned as a posse under his assumed authority, then obtained a copy of the order from the clerk of the circuit court and started to Lexington to take back the prisoner. It has been supposed from the fact that Charles Little, a cousin of the alleged murderer, was one of the posse, that the object of the excursion was the deliverance of the prisoner from the hands of the authorities, but such does not seem to be the case. Taking subsequent events into consideration it was a matter of fees and mileage. As soon as Sheriff Hagins, who was away from Jackson at the time, heard of the action of his deputy, he organized his own posse, and, getting a copy of Judge Randall's order, started after the other aspiring officers of the law. He overtook them at Hedges' Station, and asserted his authority with regard to the order of the court. It was then agreed that the sheriff should take five of his men and Combs five of his, and that together under the command of Hagins they should escort the prisoner to Jackson.

The Combs Party Broke Faith

The Combs party broke faith in the matter, and resorted to all sorts of chicanery to get charge of Little, but their schemes fell through, however, and the prisoner was delivered to Hagins and his men who took him up to Breathitt. The Combs party, thus defeated in their purposes, started back home in a very unamiable mood. They reached Jackson on Monday morning, November 25th. The sheriff, probably influenced to some extent by the profit he should derive from shaving the warrants of his assistants, did not reach that point until the next afternoon. In the meantime, on Monday afternoon, a notorious desperado name John Aykman, who had killed several men without even being struck with a feather by the lenient authorities, rode into Jackson with several of his cronies from up the Kentucky River; two of the Allens, Alf Gamble, and a couple of others.

Commencement Of The Blood Letting

The party fell to drinking whiskey, which is strictly prohibited by the law the same as murder and Aykman, encountering William Freeman, a dar-complexioned man, said to be a mulatto, told him he (Freeman) had always been against him, and the no damned Negro should fetch guns into Jackson, and, without more ado, shot him in the face. Daniel Freeman, William's brother, witnessing the affair, ran to his brother's assistance, when Aykman deliberately shot him in the back and killed him.

The Aykman gang and the returned Combs escort now fell in with each other, and from that meeting sprang the lawless condition of affairs that has existed in Breathitt ever since, which resulted in the killing of County Judge Burnett, while in the act of assisting the sheriff; the killing of Daniel Freeman and Thomas J. Little; and the serious wounding of William Freeman, William Little, and Jack Little. This is the casualty list thus far, but for every man killed and wounded, 50 shots have been fired by the hostile forces. The quarrel has not about narrowed down between the sheriff and his guard and the Combs, Little, and Aykman gang, who swear the sheriff not only shall not exercise his judicial functions, but shall not live in the county.

The sheriff appeared in Jackson for the first time this morning since the day after the first outbreak. He came to the town with an armed force of 25 men, and conducted Jason Little to the Richmond jail. The county clerk, Mr. Thomas Hogg, also made his first appearance at his office since the war opened, and they, with a number of citizens who were driven away by the terrifying mob of the last three weeks, say they would not have had the nerve to return if the soldiers had not come. Hostilities are now suspended, but were lively until last Monday night, when the last shots were fired in anticipation of the arrival of the militia.

Soldiers Arrived

When the soldiers entered the little town they marched straight to the courthouse, and, without objection from any quarter, quietly took possession of that deserted and dilapidated old structure. A guard was set, and regular sentinel duty has been performed ever since. The people regard the blue-coats, pacing up and down and around the temple of justice, or capering about the streets and stores when off duty, with curious looks, but as yet not an insulting word has been spoken to any of the men.

Once in possession of the courthouse, the boys set to work to fix up their winter quarters, as they call their temporary abode, and several rooms are now fitted up with bunks and all kinds of military paraphernalia that there would scarcely be room to hold a court if one were organized. It is still a matter of doubt when court will be called. Nothing has been heard of Judge Randall since he stampeded on the breaking out of the trouble except that he was holding a term in the county of Leslie. As that is a new county there could not have been more business to transact than could have been disposed of in a couple of days, and with Leslie County that judge's circuit ends. The judge intimated to Circuit Clerk Cardwell, previous to his hurried departure from Jackson, that, after the Leslie court, he might hold a special term in Clay County, but as the people of that county have burned the jail since his last court, he was not sure whether he would try it or not. The judge lives at London, about 70 miles from Jackson, and although he has had ample time to call a special term of the Breathitt court since Governor McCreary wrote to him requesting him to do so, he has not sent a word or written a line to anybody in Jackson on the subject.

After the arrival of the soldiers, nine of the 16 magistrates of the county found their way into Jackson, and held a meeting on Tuesday, at which, by a unanimous vote, they appointed James W. Lindon as county judge, to serve until Judge Burnett's successor shall have been elected by the people. Lindon is an intelligent, determined man, about 39 years of age, and will stand no nonsense. It was he, while a constable, who arrested Little, the allege wife-murderer. He has many friends and plenty of enemies in the county, and some of the latter have already threatened his life if he dares to take the bench. Threats were made, even before he was appointed, that he should not hold the position as judge, and they having reached his ear, he made a little speech to the magistrates and few citizens after his election, in which he used this language:

"Fellow citizens of Breathitt. You have elected me county judge, to preside over the court, and I thank you for the honor. You all know as well as myself that this county has been thrown into a condition of anarchy by a band of men whose lawless acts have brought death to our doors and disgrace upon the whole community. These outrages must cease and the perpetrators be brought to justice. I am not unaware of the dangers that surround the position to which you have appointed me, but, believe me, I shall meet them fearlessly, in the cause of law and order, and, if I fall, it shall be in the discharge of my duty."

This brave little speech has made Lindon quite popular with peace-loving people, but many of them shake their heads and say it's no use; these ruffians will kill him, just as they did Burnett. It is to be feared that this prediction is only too well grounded, and it is darkly rumored that a scheme had been laid to kill Lindon on Tuesday, which would have been carried out, but for the timely arrival of the troops. Governor McCreary had been notified of the action of the magistrates, but as there is only a weekly mail between Jackson and Frankfort, Lindon cannot receive his commission before next Monday or Tuesday. There can be no doubt that when he does receive it he will proceed at once to investigate the recent disturbances, and attempt to bring the outlaws to the bar of justice. With the troops at Jackson, Sheriff Hagins says he will execute any writ that is given him and scour the country for the evil-doers. One thing is certain, the only way to restore anything like peace to Breathitt County is to keep the troops at Jackson until the members of the late mobs have been caught and tried and some of them hung, and that a vigorous method of dealing with the red-handed murderers, hitherto unknown in Breathitt County, might put a stop to the killing and frighten the desperadoes out of the county. But with the bad feeling at present existing against the sheriff, the new judge, and all who sympathize with them, if the soldiers left tomorrow, in less than a week the miserable conflict would be renewed with more deviltry in it than ever.

The only man who took part in the attack upon the county authorities who has had the audacity to show himself in Jackson since the disturbance is Jerry Little, who is said to be gunning for Wallace McGuire, the county attorney, who shot Tom Little. Jerry Little has declared that he will shoot on sight, and McGuire seems to be afraid that the threat will be executed to the letter, for, notwithstanding the presence of the soldiers, he studiously avoids Jackson, and has not been heard from for nearly two weeks.