Below is a good story which appeared in the Louisville Courier-Journal in 1903. It gives a general overview of Breathitt County and its feuding days up until 1903. It's one of the best articles of its kind.
A Plain Story of the Deadly Quarrels That
Have Made the Name of Breathitt a By-Word
The assassination of James B. Marcum, at Jackson, Breathitt County, a few days ago, was but the latest chapter in a long series of revolting crimes. Marcum was standing beside one county official, in sight of two others and in hearing of as many more. And in silence there stood these county officials, men whose sacred oaths were given to preserve the law, and without even uplifting their hands to protest. After the murderer escaped, after he had mingled with the curious crown and with the mourners of the dead man, after he stood at the foot of his victim and said, "What an awful thing this is," a search of the courthouse was made and the sheriff's posse returned the unwritten capias "Not found."
And if these county officials were depended upon Marcum's murderer would still be running at large, enjoying his liberty and ready to shoot down the next man who dared to cross his path. Perhaps Marcum's murderer has not been caught. Perhaps Curt Jett, who is charged with the crime, is not guilty. Others are charged with being as guilty of Marcum's murder as Curt Jett, and they are allowed their freedom because warrants have not been sworn out against them in a distant county by Tom Cockrell and Sam Jett. How such a thing could happen is a long story of assassination and terrorism leading to the paralysis of the law in this otherwise prosperous county.
Marcum was shot down just as many others have been shot down in Breathitt County. They have been killed without a moment's warning, in the discharge of their duties, by hidden assassins. His death was no more revolting than was the assassination of Jim Cockrell, his kinsman, who was shot down from the same courthouse at mid-day only ten months before, and for whose death no one has been punished.
Assassination of Dr. Cox
Marcum's assassination was no more atrocious than was the assassination of Dr. B. D. Cox, who was shot down as he started to make a professional call early one evening, and was within 100 feet of the same courthouse, controlled by the same officials who saw Marcum fall and who were in gunshot distance when Cockrell fell. Marcum's assassination was no more cruel than countless numbers of others which have occurred in the same county.
That Marcum's death was the last and the longest-predicted and that he was a prominent citizen of the state, has shown more clearly the conditions which exist in that county.
Killing of Marcum
Jim Marcum left his home early on that fatal morning. He kissed his wife and sleeping baby goodbye, for each morning he left his home he knew might be his last, and each night that he returned safely he knew that some assassin's plans had miscarried. Daily he expected the murderous bullet. He was always prepared to die. From long accustomed practice he placed his revolver in his pocket. He had thought of going to Lexington that morning and thence to the Republican convention at Paris, over which he would have been elected chairman, but a Federal prisoner was confined in jail and he was United States Commissioner for his district, and he remained in Jackson.
Goes to Courthouse
His duties as attorney for an eastern capitalist led him to the county clerk's office in the courthouse to examine the titles to some tracts of land for his client. He had finished his work, or nearly finished it, when he walked into the corridor of the courthouse and stood in the doorway talking to his friend, Capt. B. J. Ewen, a deputy sheriff. He paid no attention to a partition in the courthouse, behind which might be concealed a hidden assassin. He was discussing politics with his Democratic friend and making plans for peace to again come into the county. He had just remarked: "If Judge Little is nominated by the Democrats for circuit judge, the Republicans will not put out a candidate, and perhaps that will bring harmony into the county again." Tom White passed by and looked at Marcum. Marcum and Marcum's former client, Mose Feltner, had charged in affidavits that Tom White was a hired assassin; hired to kill Marcum. Marcum remarked as White passed out: "That is a dangerous man, Ewen, I am afraid of him."
Shots Ring Out
Then a shot rang out from behind the partition in the courthouse. Marcum staggered a moment an fell, dying, to the floor in the presence of a dozen men. Ewen stepped aside out of the range of a bullet and stepped around the corner of the courthouse. The murderer, with his revolver grasped in both hands, crept up to Marcum's head and fired another bullet into his brain and Marcum's life ended.
The Murderer's Movements
The murderer stealthily stepped to the side door, cautiously peered out with his hands resting against either side. He pushed his coat down from behind and softly stepped down four steps to the ground. He walked around the side of the courthouse and mingled with the crowd. B. J. Ewen saw the murderer and said that he was Curtis Jett. J. J. C. Back, a leading lawyer of Eastern Kentucky, saw the murderer and said he was Curtis Jett. Others saw the murderer, but fear had silenced their lips. Perhaps on the witness stand, under guard of state troops, they will talk and the identity of the murderer will be proved.
Saw The Assassin
James Hargis, the county judge, saw Marcum assassinated, but says he did not see the murderer. Ed Callahan, the county sheriff, saw the murder and saw the murderer, but says that the revolver smoke so completely enveloped the murderer that his identity could not be discerned. The county officials who occupied offices in the courthouse say they failed to open their doors until the murderer escaped. Because it was "not safe," Sheriff Callahan made no attempt to catch the murderer.
Dr. Kash was the first man to reach Marcum's side. He said that the cartridges used were smokeless cartridges. Ewen says the cartridges were smokeless cartridges. Others say the cartridges were smokeless cartridges. Miss Florence Patrick, niece of the dead man, wiped away the blood from his face with her handkerchief and he was taken across the street to Dr. Kash's office, where he died 15 minutes later. James Hargis says that Marcum attempted to draw a pistol just before he was shot and looked around, but did not turn around to face his murderer, and he was shot in the back. A "search" was made of the courthouse and of course no one found.
The Hargis-Cockrell Feud
Two things and various contributing causes led up the present feud known as the Hargis-Cockrell feud. Both the Hargises and the Cockrells say that the name is a misnomer. Other actors say there is no feud. Capulet said: "The Montagues furnish all the troubles and we are only innocents slaughtered." Montague said:"The Capulets are making the war. We are only defending our lives and our property."
A political race first engendered the bitter feeling which now exists. the Democratic party in the last race for county offices put out the following ticket: James Hargis for county judge;William Spencer for jailor; H. B. Noble for school superintendent; D. L. Allen for assessor; G.W. Noble for surveyor; W. H. Blanton for county attorney; and S. S. Taulbee for clerk.
Messrs. Goebel and Beckham had received something like 700 majority in their races for governor in the county, and the county was largely Democratic. Part of the Democratic party, however, formed a fusion ticket with the Republicans and put it in the field against the Democratic ticket. The fusion ticket was composed as follows: John Griffith, Republican for county judge; Charles Terry, Democrat for sheriff; W. D. Back, Democrat for jailor; D. F. Hagins, Democrat for school superintendent; Hugh Riley, Democrat for assessor; Sanford Brown, Republican for surveyor; and R. A. Hurst, Democrat for county attorney. There was no fusion candidate for county clerk. There is no coroner of the county; the one elected having resigned. Judge Hargis says that he is unable to find anyone willing to accept the office of coroner. No inquests have been held in the innumerable instances in which homicides have been committed in Breathitt County.magistrates, who under the law are designated to perform the duties of the coroner, have failed to hold an inquest.
Contest Is Filed
The Democratic candidates were declared elected and contests were instituted by Messrs. Griffith, Terry, Back, Hagins, and Riley. Riley soon withdrew from the contest.
Marcum and Pollard Disagree
At the time of the contest James B. Marcum and O. H. Pollard were law partners. Marcum excepted a fee from the fusion contestants and Pollard from the Democratic contestants. The partnership was consequently secured. Depositions for the contests were taken in the law office of O. H. Pollard. Depositions for the contestants were taken in Marcum's law office. Marcum had previously been attorney for the Hargises in all their suits. It was while taking depositions in Marcum's office that the first opportunity occurred. The first breach occurred years before and had been heated. Marcum and Pollard were cross-examining a witness, and they disagreed. What actually occurred in the office is not definitely known. Each side made statements directly contradictors to the other side's statements. Marcum and Pollard nearly came to blows. Hargis and Callahan were sitting by. Pistols were drawn, and Marcum ordered all three men out of his office. Warrants were issued by Police Judge Cardwell. Marcum immediately notified the authorities that he wanted to confess judgement, and paid his fine, amounting to $20. Hargis and Cardwell had been enemies for ten years and had not spoken in that time. Hargis was reluctant to be taken before Cardwell, and went to Magistrate Edwards, a warm personal friend, and asked to be tried. He was not tried just then; Edwards doubting his jurisdiction in the case. Tom Cockrell was town marshal, and his brother, Jim Cockrell, assisted him in arresting Hargis. Two tales of the arrest are given.
What Marcum Once Said
Marcum once related to the correspondent the following story:
"Tom Cockrell went to arrest Hargis. Hargis refused to surrender and attempted to pull his pistol, but Om beat him to it and covered him. Callahan, who was standing near, covered Tom with his pistol, and in turn Jim Cockrell covered Callahan. Hargis and Callahan saw that the Cockrells had the drop on them, and surrendered. I sent word to Cardwell that I did not want to prosecute Hargis, which was done, and the incident passed away without bloodshed.
Hargis said: "I was Callahan's prisoner and was to have been tried by Magistrate Edwards. The Cockrells and I were the best of friends up till that time. I had made Tom town marshal. Suddenly and without warning both of them threw their pistols down on me and I believe would have assassinated me had not Callahan interfered. Just then Marcum sent word to Cardwell that he was to blame for the entire difficulty and asked that the charge against me be dismissed. I was never able to explain who got the Cockrells to try to assassinate me."
Hargis and Marcum Cross Swords
The first difficulty between Hargis and Marcum occurred four years ago at a school election. Marcum charged Hargis with trying to vote a minor, and hot words were passed. Two accounts are also given of this trouble. Hargis says:
"Marcum flew into a rage and pulled his pistol on me, but did not shoot. The trouble was patched up and we again became friends."
Mrs. Marcum gives the following account of the fight, which she heard from her husband.
"Mr. Marcum did get mad and started to pull his pistol. He had a pistol in his pocket. Before he put his hands on it he considered that he had best not draw it out and did not. He was tried. One man said that Mr. Marcum pulled his pistol. The man said it was from the side pocket of the trousers he was wearing at the trial. Mr. Marcum showed the court that the trousers were made without side pockets and was dismissed."
Some Contests Yet In Doubt
The contested election is still unsettled. Riley withdrew from the contest, and thus the titles of the Democratic candidates for the offices of assessor, surveyor, county attorney, and county clerk are undisputed. Terry, the fusion candidate for sheriff in the last election, was sheriff when he made the race. Judge John Cooper, of Mt. Sterling, was appointed special judge by Gov. Beckham to try the cases. The contest for the county judgeship was in some way omitted from the cases referred to him, and it is still claimed that the title to that office is in doubt. At any rate, Judge Hargis is now county judge. Judge Cooper decided in the contest of the offices of sheriff and jailer that no election had been held on account of the notorious methods employed by both parties in holding the election. Judge Cooper decided that the Democratic contests to the office of county school superintendent was entitled to the office.
Judge Cooper's decision in the sheriff's and jailor's offices practically created a vacancy in these offices, which Judge Hargis filled by appointing the Democratic claimants to office. Mr. Marcum, as attorney for the fusion candidates and ex-sheriff, claimed that if no election was held he still occupied the office of sheriff, on the ground that an officer is elected to serve until his successor is elected and qualified. This contention he is now making before the Court of Appeals. Callahan, however, is enjoying the powers and emoluments of sheriff.
Second Cause For Trouble
The second direct cause leading up to the animosity between Hargis and Marcum was an ordinance passed by the Board of Trustees of the town of Jackson. Jackson has a population of 1,500 and is a city of the sixth class, governed locally by a board of five trustees, a town marshal, and a police judge. Mr. Marcum was chairman of the Board of Trustees. The ordinance which caused the rupture was passed, while the smallpox epidemic raged there, and was designed to prevent the spread of smallpox by compulsory vaccination. Marcum refused to be vaccinated or to have his family vaccinated. A force of men were put around his house to quarantine it. Marcum finally eluded the quarantine it. Marcum finally eluded the quarantine guard and left his home for a few days to attend to some business elsewhere.
Judge Hargis allowed his family to be vaccinated, but on account of indisposition was not vaccinated himself.
He recovered from his illness, and it was reported that he would not submit to vaccination. Dr. J. M. McCormack, Secretary of the State Board of Health, was visiting Jackson one day, and remarked to Judge Hargis, "I hear that you have refused to be vaccinated."
Hargis denied that he had refused to be vaccinated, and thereupon Dr. McCormack did vaccinate him. The facts in themselves would perhaps not have caused the breach between the two men to widen had not a great many persons censured both of them for their action, until such resentment was engendered that open hostilities were narrowly averted.
Ben Hargis Killed
Numerous quarrels took place between all persons connected with the trouble. Marcum charged Callahan with assassinating his uncle. Callahan charged that Marcum's uncle assassinated his father. Each faction and factional spirit had already begun to display itself; charged the other side with killing some of its members.
Tom Cockrell and Ben Hargis, a brother of Judge Harris, met in a blind tiger saloon, since burned down, and began to shoot at each other. Many conflicting stories are given as to how the difficulty arose. It is sufficient that Ben Hargis was killed, but before he died succeeded in seriously wounding Tom Cockrell. The Hargises began an active prosecution against Cockrell and kept it up. Dr. B. D. Cox, who had moved to Jackson in recent years and had married a close relative of the Cockrells, was the guardian of the infant children, including Tom himself. The Cockrells were related to Marcum, who, however, would not accept a fee to defend Cockrell. There was some animosity between the Cockrell and Marcum families, handed down from their fathers, though there was no open breach. Marcum was an intimate friend of Dr. Cox.
Two Other Brothers Killed
A second brother of Judge Hargis was killed by a member of the faction recognized as belonging to the Cockrell faction. He was John Hargis, known as "Tige," and was killed by Jerry Cardwell. Hargis boarded the train at Jackson to go to Beattyville. Jerry Cardwell was the train detective. Hargis, it is claimed, became disorderly on the train and Capt. Tom Shelby, the conductor, called on Cardwell to preserve the peace. As Cardwell entered the car, Hargis jumped up from his seat. They drew their pistols simultaneously and fired. Cardwell was wounded and Hargis was shot through the heart. The Hargises always claimed that others besides Cardwell fired at John Hargis and attempted to fasten the guilt upon others, but never succeeded. A half-brother of James Hargis was killed in his own home one night, while he was making sorghum molasses. He was shot from ambush, and it was never known who killed him.
Grim Rumors Are Heard
Dr. Cox, guardian and kinsman of the Cockrells, and J. B. Marcum, their cousin, were intimate friends, and frequently discussed the foreboding aspect that the community was taking on. Rumors came to them that they were marked for assassination, but little credence was put in the rumors by either of them. Finally about the first of April, a year ago, Marcum went to Washington on business. While in Washington he heard of the assassination of Dr. Cox. He was then convinced that he was marked for assassination. Dr. Cox left him home about eight o'clock one night, to make a professional call. He had almost reached the corner of the street diagonally across from the courthouse, and directly opposite Judge Hargis' stable, when a gun shot report rang out and he fell dead, filled with small shot. The assassin fired another charge in his body at short range and escaped. It was rumored in Jackson that the shots were fired from Hargis' stable, but no evidence was ever brought forward to substantiate the charge. The Cockrells openly charged that Dr. Cox was assassinated because of his friendly relations to the Cockrells and his interest in the defense of Tom Cockrell.
Jim Cockrell the Fifth Victim
The next victim to the assassin's bullet was Jim Cockrell last July. Jim had been collecting evidence for his brother's trial for the murder of Ben Hargis and rumors came to him that he, too, would be slain. By that time Cockrell, Marcum, and many other residents of the city kept closely in doors at night. Cockrell was shot at noon from the second floor of the courthouse on July 28, 1902. Curt Jett was accused of the murder by nearly everyone in the town, but he was never arrested. Jett was then a deputy sheriff. A week before he and Cockrell had met in the dining room of the Arlington Hotel, and began to shoot at each other. Neither was wounded as they were separated by friends. Neither was arrested. Cockrell was then town marshal.
Marcum said before his death that he had evidence that three men, including Curt Jett, fired the shots which struck Jim Cockrell, that the men were safely concealed in the courthouse all day, and at nine o'clock at night, were spirited away on horseback. Cockrell was taken to a hospital in Lexington and lived till the following day.
Capt. John Patrick, later a fugitive, as he said, "from injustice," went to Lexington and gave out a statement to the press to the effect that he and Si McIntosh, and others, saw and recognized the murderers of Cockrell. Patrick then left the country, but said at the time, and his friends still say, he will return to Jackson if he is guaranteed protection. Jesse Spicer, a deputy sheriff, was sent to Lexington to capture Patrick, and take him back to Jackson to testify before the grand jury. Spicer applied to J. J. Reagan, chief of the Lexington police, for aid in hunting for Patrick. Aid was denied by the police on the ground that to take him back to Jackson meant death to him, and he has not been found yet. Si McIntosh was taken before the Breathitt County grand jury. No one in the county had any doubt but that McIntosh saw and recognized the assassins of Jim Cockrell. Cockrell's friends asked that troops be sent to Jackson and said McIntosh would tell the truth and the facts in the case. No troops were sent because not asked for, the county officials and the court expressing their belief that McIntosh and everyone else was perfectly safe in Jackson. McIntosh refused to answer questions before the grand jury and was sent to jail for contempt of court to be kept until such time that he was willing to answer questions. About the fourth day after his imprisonment, he asked to be taken before the grand jury and there swore that he knew nothing of the murder of Jim Cockrell and was released from custody.
The Trial At Campton
Jett and two other men were charged with firing the shot which killed Cockrell, but others were secretly charged with instigating the assassination. Attorney Vaughn, who undertook to defend Tom Cockrell, became a refugee. Attorney John H. Johns, of Lexington, was co-counsel to defend Cockrell. They filed affidavits in the circuit court at Jackson that they could not secure a fair trial there and asked for a change of venue. They also asked for another judge to be appointed, making some serious charges against Judge Redwine, who had held Cockrell to the grand jury without bail. Gov. Beckham appointed Judge Ira Julian special judge in the case. Judge Julian went to Jackson, heard the motion for a change of venue and granted the motion, and entered an order for the trial to be held in Campton, in an adjoining county. James and Alex Hargis, who had instituted the prosecution against Cockrell for killing their brother, refused to go to Campton, and Cockrell was dismissed. Cockrell was taken horseback to Campton, under an armed guard of 12 men. He himself had a rifle to defend himself on the journey, should an attack be made, but he was not molested. Judge Hargis assigned as a reason for not continuing the prosecution that it was a scheme to get him in the mountain road between Jackson and Campton to assassinate him. Tom Cockrell has since been traveling over the Lexington and Eastern Railroad, as agent for a brewing company, and frequently rides on the same train with the Hargises, but usually makes a display of his gun and declares that he is going to protect his life, if they make an attack on hi,.
The Hargises declared that they have no desire to attack him, and that as reputable business men they cannot afford to get "mixed up" in such scrapes.
Among Mr. Marcum's clients was Mose Feltner, charged with murder. Feltner had been convicted on the charge, but the judgement was reversed by the Court of Appeals and a new trial granted. Feltner was out on $5,000 bond. It was Feltner who filed sensational affidavits before Judge Redwine that he would be killed an his attorney, J. B. Marcum, would be killed if they appeared on the streets of Jackson.
Marcum had by that time become a prisoner in his own home and another "fugitive from injustice."
He and Feltner filed affidavits with the court asking for a continuance and for a change of venue. The motions were overruled. The first affidavits prepared charged Judge Hargis and Ed Callahan with being in a conspiracy to kill lawyer and client. There affidavits were never filed, but were given to the Lexington Morning Herald by Marcum, and on these affidavits Marcum and the Lexington paper were indicted fro criminal libel by the Breathitt County grand jury. Marcum secured a change of venue for his trial, and it was to be called in Salyersville shortly. The indictment against the newspaper has apparently been dropped. The first affidavits prepared were not filed, but another set of affidavits were filed making substantially the same charges except inserting in the stead of the names of Hargis and Callahan the phrase "certainly wealthy and influential citizens."
Marcum gave as a reason for not filing the first set of affidavits that Charles Byrd, the commonwealth attorney, and a friend of the Hargises had promised him to grant the change of venue if he would eliminate the name of Hargis and Callahan from the affidavit which he did. Marcum afterward claimed that Byrd broke faith with him and would not grant that change of venue. It is because of these things and things like these that Mrs. Marcum and her friends are reluctant to allow the assassins of James Marcum to be tried in Breathitt County.
Thirty Have Been Killed
In a letter from J. B. Marcum, November 9, 1902, to the editor of The Herald, which was the Lexington paper indicted, inclosing the original affidavit of Mose Feltner, among other things Mr. Marcum said:
"There have been over 30 killed in Breathitt since the 24th day of last December, and the Lord knows how many of them wounded, for I have been unable to keep track of either class. Jurors and witnesses will be afraid to do their duty, as they are afraid to oppose certain influences openly. At least three-fourths of the citizens are opposed to present conditions, and would if protected do their duty, but there seems to be little hope of that. Judge Redwine in his charge to the grand jury promised ample protection to everybody, but he is attempting to carry out his promise with the aid of the very men we are all afraid of. The judge's assurance of protection had been made but a few hours when Logan Goas, who is as peaceable a citizen as the county affords, was badly beaten on the head with a pistol in the hands of a peace officer, because he had testified for the defendant in the Cockrell case; and Anderson Richmond was also assaulted and driven from the streets for the same reason. The law can't be enforced under such circumstances. The state of fear existing here is simply indescribable and appalling. I do not mean to say that Judge Redwine does not want to do his duty; for he is a sober, moral, and peaceful man and in many respects he deserves great credit for his accomplishments. It cannot be truthfully denied, however, that the existence of the present state of lawlessness and his constant association with those suspected of complicity in the murder of Cox and Cockrell have destroyed in the public mind confidence in the administration of justice, and unless something is done to restore that confidence his usefulness as circuit judge is over. I do not know why the parties named in Feltner's statement want to assassinate me, unless it be on account of my attorneyship in certain contested election cases pending in court, for I have never harmed them in my life. Yours truly, J. B. Marcum."
Feltner's Disputed Affidavit
Feltner's affidavit, from which the names of Hargis and Callahan were subsequently omitted, as explained above, and which increased the bad feeling by the unsupported charges it made against Hargis and Callahan, was as follows: Breathitt Circuit Court: Commonwealth of Kentucky vs. Moses Feltner.
The defendant, Moses Feltner, says that he is not ready for trial at the present term of this court on account of the absence of material witnesses, and also for the reason that he is afraid to go into the courthouse or to appear on the streets of Jackson, where his case is pending, and for the further reason that his attorney, J. B. Marcum, will be in danger if he appears upon the streets or in the courthouse.
He says that in his opinion such a state of lawlessness now exists in Breathitt County as that there is no protection to the citizens, especially to those who are not in sympathy with and who do not favor, the course of the sheriff and the county judge, or at least who do not appear to favor them. He says that a great many citizens of the county who are liable to be summoned on juries or to appear as witnesses in cases are intimidated to such an extent that he believes that they are afraid to do their duty, unless their duty should require them to act favorably to the county judge and to the sheriff and their friends.
He says that he has been informed and verily believes it to be true that the county judge and sheriff of Breathitt County have threatened to take his life, and have made various efforts to have this affiant assassinated. He says some of the reasons for his fear of personal injury to himself and to his attorney, Marcum, consist of the following facts, to wit:
He says his case was set for trial at the last May special term of this court, and that he came here on the first day of said term to prepare for his trial. That when he came he found a number of desperate and lawless characters in town, among whom were John Smith and John Abner, who were associating themselves with Sheriff Ed Callahan, and with County Judge James Hargis.
I was well acquainted with said Smith and Abner, as I had been with them a great deal in the past. About the second day of said May term said Smith and Abner invited me to meet them in Judge Hargis' office, a room upstairs over Hargis Brothers store in Jackson.
Marcum Has To Be Killed
I met them there about ten o'clock that morning, according to their request. Abner kept repeating that something had to be done, whereupon Smith told him to tell me what it was; that he would vouch for me. Abner then said: "That damned fellow that is defending you has to be killed (meaning J. B. Marcum)," and that he had selected me to do it. He said that I was the only one that could get a good chance to do it. They said if I would do it that I should have no trouble; that if it was ever found out on me James Hargis and Ed Callahan, would get the governor to pardon me. Marcum himself had told me that the officers of the court were all enemies of his, and he had been informed otherwise that every effort would be made to convict me unless I stood in with Hargis and Callahan. I had no money to pay the expense of the trial of this case, and part of my witnesses were in Perry and part in Clay and part in Breathitt County, and it was a difficult matter for me to procure their attendance without money to pay expenses. I was afraid of the influences of Hargis and Callahan and I, therefore, agreed with Smith and Abner that I would do the killing. We parted after this with an agreement to meet at a late hour that evening, at which meeting Hargis and Callahan were to be present to lay the plans for me to do the killing. I met them according to agreement, and Hargis and Callahan were both present and agreed upon a plan for me to kill Marcum that night. It was understood that I was friendly with Marcum and I was to go to his house, our in the edge of town, soon after dark, and take a shotgun part of the way and hide it at a certain place in some woods, and then go on and get Marcum to come to his office to write an affidavit in my case, and then I was to start back home with him, after the writing had been done, and when I got where the gun was hid I was to bid him goodnight, and then, as he went on in the dark, shoot him in the back. After the plan was agreed upon it was suggested that I might not be able to get Marcum to his office after dark unless I promised to pay him some money on his fee. I told them I owed him $35, but did not have the money to pay him with, and if I did not pay it when he came down he might suspect something. Hargis then gave me $35 in cash and said that money should be no excuse. He also gave me a shotgun and some cartridges loaded with buckshot to do the killing with. I went immediately, however, to Marcum and told him the facts. I went to Marcum's house that night, according to promise, and had a talk with him and returned. While I was gone Hargis and Callahan were in Hargis' store with a number of men, but had no lights burning.
When the plan was first agreed upon it was thought that Smith and Abner would be accused, and it was agreed that they should go to Hiram Centers, on Cane Creek, so that Marcum's friends would not accuse them, as they were apt to believe whatever Center and his wife said about it. Upon consideration of the matter it was suggested that everybody would at once say that Hargis and Callahan had it done, and that in all probability there would be an uprising of the people. It was therefore agreed that they had better keep Smith and Abner in town, and they then told Smith and Abner to go to Lewis Hays and stay all night, so that they could be on hand in case of an uprising. After I came back from Marcum's house I told them I could not get him out after dark and that some other plan would have to be laid. Marcum was to go to Indian Fields on Friday after this to take depositions, and it was then agreed that John Smith, Tom White, and I should place ourselves near Marcum's home just at daylight that morning and kill him as he came out to go to the train. The train left about 6 a. m. and he would go out before that some time. I at once notified Marcum of this plan, and he, therefore, did not come out. We all went, according to the arrangement. Of course, I did not intend to shoot to kill Marcum, but I knew the rest of the crowd would and hence I kept him posted to keep out of the way. There were several other plans fixed to kill him, but it would take too much space to give them all in details.
Plans for Killing
Among other plans, however, to kill Marcum they fixed one for Tom White to shoot him from Hargis Brother's upper store window as he passed along the street. They had got to believe they would get no chance to kill him secretly, and that the only chance would be to kill him publicly upon the street, but as Marcum passed up the street he had his little four-month-old baby in his arms and White refused to shoot. When asked why he did not shoot he said that he could not afford to kill the child, and James Hargis remarked to him that he "ought to have sent it to hell with him," and Callahan said "yes, you ought to have tied its guts around its damned neck." Hargis and Callahan promised that if I would do the killing before my case was called for trial they would have it dismissed. Hargis said that the judge was their friend and would do anything he could for them, and that, besides, he was afraid not to do whatever he wanted them to do. The promises they made and the position the men held, both officially and as to wealth, led me to believe that the thing for me to do was to stand in with them during that court. Hargis also said in the presence of others that if I ever told on them they would swear and prove that it was a lie, and if I ever swore it they would indict me for swearing a lie and send me to the penitentiary.
Numerous Plots Made
There were so many plans and so many failures to do the killing that there arose a suspicion in their minds that I had given the thing away, and I soon found out that it was impossible, or least impractical, to keep them from finding out that I did not intend to do the killing and that I was not in good faith.
After making several efforts to do so, Marcum finally succeeded in getting out of town, and left the court.
Hargis and Callahan promised to furnish me an attorney to make all the necessary motions, and when Marcum left and my case was called. John L. Noble, a young lawyer (known as Rat Ankles), appeared for me, and made a motion for a continuance, which was granted. As soon as this was done, I left town, and went to Leslie County. Hargis and Callahan afterward became convinced that I had kept Marcum posted, and I have been reliably informed that they threatened my life and have on several occasions attempted to get others to assassinate me. Some six or eight weeks ago I came back to Breathitt from Leslie County to get subpoenas for my witnesses and to prepare for trial, and before I reached town I received information, which I believed to be reliable, that if I came to town i would be killed, and I have therefore been afraid to appear publicly in town. I have been in town several days but have not went out of the house and am now confined to my room out of fear of assassination, and was afraid to go to the election to vote. My attorney, J. B. Marcum, has also kept himself confined to his house for several weeks, and has not been on the streets near the courthouse or Hargis' store to my knowledge.
Alleged Statement of Officials
Callahan and Hargis said before I left them that if they could not kill Marcum one way they would another, and one occasion before Marcum got afraid to appear on the street, Callahan wanted to place himself at the foot of the stairway leading into the courtroom with a lot of witnesses and shoot Marcum as he came out of the courtroom and then prove that Marcum attempted to draw a pistol. Hargis advised him that it was not safe; that Marcum carried a pistol and was quick and would be as apt to kill him as not; hence that plan was abandoned.
He says that last April Dr. Cox and last July James Cockrell were assassinated on the streets of Jackson, and up to the present no effort has been made by the county judge or sheriff to ascertain the guilty parties, and as to Dr. Cox he had heard both of them say that they were glad he was killed and that it was a good thing. So far as this affiant had been able to learn, the citizens of the county and town are afraid to talk against the assassination of Cox and Cockrell unless it be very secretly done.
Wherefore he prays his case may be continued. M. B. Feltner.
Says Affidavits Are False
Judge Harris says that Feltner's affidavits are absolutely false and that there is not a word of truth in them. He said: "Just before the allegations made in those statements Feltner came to me in my store one night and told me that one of the Cardwells had offered him $1,000 to assassinate me. Feltner was not a character that I would take such statements from and I paid no attention to him. He tried to see me several times in my store, but I would not allow him to come into the store. I would not associate with such characters. The statement he makes as to the conferences held in Hargis Brothers store are lies, and all his statements saying that he was in the store are lies. Feltner never had the affidavits filed because he knew we would prosecute him for perjury. His statements are unworthy of credence."
Marcum in his life time said that he did not place credence in the stories on Feltner's word alone, but that Feltner offered proof of the things he said. Marcum said that he was prepared to prove by reliable witnesses everything Feltner had said. A good deal of testimony intended to corroborate Feltner's affidavits was given in an affidavit made by Marcum himself. It has been questioned as to whether Feltner ever made oath to and file affidavits, differing from the above only in eliminating the names of Judge Hargis and Ed Callahan.
No Record of the Dead
Mr. Marcum made the statement last November that there had been more than 30 men killed in Breathitt County within the preceding 11 months. It is certain that a great many have been killed since that time. Their names cannot be learned. There is no record of them kept for the reason that there is no coroner in the county and no inquests are held. It is perhaps the only county in the state the keeps no record of its dead. A record is kept in the courts of course, of those who are arrested for murder, but there have been numerous homicides in Breathitt County in which no arrests were made. The following is a partial list of killings gathered from the memory of some of the residents of Jackson. The list begins with the murder referred to by Mr. Marcum in his letter to the Lexington Herald.
Some of the Killed
A. F. Bullock was killed in a general fight December 24, 1901. Josh Miller was indicted and tried for this killing, but had not been convicted, two trials having resulted in hung juries.
Ben Hargis was shot in a blind tiger saloon and killed by Tom Cockrell, February 10 of the following year. Cockrell was acquitted.
Elhanan Smith was killed by Bud Bohanan shortly afterward in a fight. Bohanan was convicted and was sentenced to 15 years in the penitentiary.
Willis Gabbard was ambushed from in front of his own home late one evening. Jeff Stapleton was indicted for his murder, but Stapleton's trial has not yet terminated.
In a fight between Bud Allen and Joe Haddix over the former's wife, Allen was killed. Haddix was arrested, but was acquitted.
Granville Prater was the next victim. George Barnett, Jr., was charged with his murder, but was acquitted.
The body of Susan Barnett was found floating in the river early last June. Cuts on his head indicated the manner of her death. Robert Salee was indicted for murder, and his trial is still pending.
Hiram Miller and Reuben Landrum engaged in a fight near Jackson. Both were killed in the fight and consequently there was no prosecution.
Dr. B. D. Cox was assassinated in April. No arrests have ever been made for his murder, though unpleasant rumors have been afloat in Jackson to this day.
Jim Cockrell was assassinated from the courthouse July 28. His murder, too, is unavenged.
The dates of these murders could not be readily obtained. Most of them occurred in the winter, spring, and summer of last year.
J. W. Noble and Irvine Newgate were killed in January. Jake and Jerry Noble were arrested and Jake Noble is now serving a term in the penitentiary for their deaths.
A Mrs. Luneford was killed some time in the spring, but her murderer was never discovered.
John Howard was shot and killed. Diddle Clemons was indicted for his murder, but has not been convicted.
George Smith fell a victim in a general fight. He was said to have been killed by Charles Byrd, cousin of the district attorney, but fled the country and was never indicted.
Dan Hays was killed by Wes Cox last November. His head was split open with an ax. Cox, who was not related to Dr. Cox, however, escaped and was never captured.
The details of these killings in some cases cannot be obtained. The above list includes none of the numerous assaults and cutting and shooting affrays in which no deaths resulted. Many of the homicides were not caused by the feudal felling existing in the county. Others are slightly related to the feud. Few if any of the killings appear to have been justified. All are a part of the general disregard of human life, resulting from the absolute failure to punish such crimes.
Ministers Take Sides
Religion itself appears to be steeped in the warfare which is being waged in Jackson. It is openly charged that the ministers of the churches, or at least one minister is a strong partisan on the side of Judge Hargis. At the funeral services over the remains of J. B. Marcum no reference was made as to how he met his death. The only reference that could be construed to refer to his assassination was made in a prayer at the grave by the Rev. W. M. Hiner, the Methodist minister, who, among other things, said: "Oh, Lord, deliver us from passion which is worse than the stealth of the creeping beast seeking its prey." The funeral sermon was delivered by the Rev. A. C. Dorris, of the Baptist church.
History of County
Breathitt County was founded in 1839, through the influence of a petition sign by William Allen, Simon Cockrell, and John Haddix. William Allen was the great-grandfather of Tom and Jim Cockrell on their mother's side, and Simon Cockrell was their great-grandfather on their father's side. Among the descendants of John Haddix now living in Breathitt County is Judge S. H. Patrick, father of Capt. John Patrick. The first settlement is recorded in Breathitt County in 1820, and among the first settlers were the Jetts, Crawfords, Cockrells, McQuinns, and Haddixes. The county and town were named in honor of Gov. Breathitt, but the name of the town was soon afterward changed to Jackson, in honor of "Old Hickory." One of the early settlers in the county was Col. John Hargis, of Louisville, and an uncle of John S. Hargis, the father of Alex and James Hargis.
Thus, in brief, is the early history of Breathitt County. A bitter strife has always been made for political supremacy in the county, and politics has always engendered personal animosities which of recent years at least grew into deadly feuds.
Party of Col. South
Col. J. W. South, once warden of the penitentiary, removed from Fayette to Breathitt County in 1826, and built up the Democratic party. The majorities rolled up for Democratic candidate increased under his leadership until he removed from the county in 1859, when the county gave a Democratic majority of 300 votes. Col. South moved to Frankfort and became a leader of the Democratic party in Kentucky. He was the grandfather of South Trimble, present congressman from the seventh district. The county became solidly Democratic under his leadership in 1850, and remained so to the present day, with the exception of a period of four years immediately following the Civil War.
The First Feud
Breathitt County furnished two companies to each of the armies of the Civil War. Companies were raised by A. C. Cope and Barry South for the Confederate Army, and for the Federal Army, John Amis and William Strong raised companies. The Federal companies were in the 14th regiment known as the "Greasy 14th" and commanded by Col. H. C. Little, of Irvine, later Circuit Judge of that district. It was in this regiment that the Amis-Strong feud arose. It was the first of the long series of bloody wars in that county.
Families Have Intermarried
The older families of Breathitt County, as is the case in all mountain and isolated sections, married and intermarried until nearly every one in the county was related to nearly every other person. Alex Hargis' wife is a niece of James B. Marcum. Curt Jett's father was a brother of Tom and Jim Cockrell's mother. Jett's mother was a half-sister of Judge James Hargis and former Senator Alex Hargis. Dr. Cox, who was assassinated within a 100 feet from the courthouse, moved to Breathitt County from Wolfe County and married a daughter of State Senator Thomas P. Cardwell. She was a sister to T. P. Cardwell, Jr., the police judge of Jackson. Cox was not related to the Hargises. His wife was a kinswoman to Tom and Jim Cockrell.
James Marcum's father was Alfred Marcum, who moved there from Clay County in the early 30s. The elder Marcum married a daughter of Col. Ed Strong, a sister of Capt. Bill Strong, who was at the head of one faction of the Amis-Strong feud for one generation, Marcum never took part in the feud.
Fight During Court
The hatred engendered by the Amis-Strong feud was more bitter and deadly than the sectional strife between the two armies. A feud between the two factions, however, was not recognized to exist until about the year 1873, and shortly afterward the feud ended partly by tacit consent and partly because the chief actors had been killed off. A protocol was signed by leaders of both sides. Bill Strong was killed about four years ago. He was ambushed in front of his own home. The crime was laid at the doors of many persons and suspicion pointed strongly to a man named Spicer, related to the Spicers who still reside in the county.
The Strong-Callahan Feud
A few years after the termination of this feud it broke out again, but under a different name. This time it was known as the Strong-Callahan feud. Capt. Bill Strong being at the head of one faction and Wilson Callahan, the father of Sheriff Ed Callahan, being the leader of the other side. Several men were killed on both sides in the Strong-Callahan feud. Callahan was shot from ambush and killed and his death practically ended the feud.
The Jett-Little feud was the next to stain the history of Breathitt County. It was brought to a close about 15 years ago, after many members of each faction has been killed off. No punishment was ever meted out to the assassins who perpetrated these crimes.
The fourth feud in Breathitt County was the one now being waged and known as the Hargis-Cockrell feud. Both sides claim that the name is ill appropriate and that no feud exists.
When Judge Randall Fled
As bad as are the conditions in Breathitt County now with all its unpunished list of Crimes, the state of affairs cannot be more desirable than in 1878, when Judge William Randall, the circuit judge of the district, deserted his bench in the midst of a session of court and fled the country to save his life from a threatened revolution. The revolution was brought about by the assassination of Judge John Burnett, then county judge. Both Judge Burnett and his wife were assassinated in their home one night. The crime was laid a the doors of the Gambles and Littles, and the revolution was caused by a rigid prosecution promised by Judge Randall, who later moved to London, where he died. Judge Randall never again visited the district over which he presided and from which he was compelled to flee for his life.
Local Option County
Local option was established in the county in 1871 through a bill introduced in the legislature by Thomas P. Cardwell, Sr., then representative from the district. It is, so far as is known, the first local option law on record in the world. Cardwell was not willing to jeopardize his chances of re-election by introducing a bill to prohibit the sale of liquor in the county. He wanted to feel the pulse of public opinion. He did introduce a bill to allow a popular vote to be taken to prevent the sale of liquor. This, is it said, was the first local option law certainly in the first in Kentucky. A vote was taken and the vote of the people then abolished whiskey from the county. The same law has since existed in Breathitt County, but it is openly charged that for certain political considerations "blind tigers" are allowed to run. Some people in Breathitt County say that the demoralized public sentiment brought about by the impunity with which "blind tigers" are allowed to run is largely responsible for the present conditions.
People Are Terrified
The office of town marshal of Jackson has been vacant since Jim Cockrell was assassinated last July. The office of the Police Judge T. P. Cardwell, Jr., is practically vacant. He has been a prisoner in his own home since Cockrell was assassinated. A Federal vacancy was made by the assassination of Mr. Marcum, United States Commissioner, at the time of his death. In the last few months of his lifetime Marcum held all the examining trials of Federal prisoners in his own home. Marcum said in his lifetime that there were many men in Jackson who were afraid to go out on the streets at night.
It is related that Judge James Hargis never leaves the confines of his store except to go to his house, which is in the rear of the store, without a bodyguard. He denies that he has a bodyguard. Ed Callahan, the sheriff of the county, gave as an excuse why he did not personally search the courthouse after Marcum's assassination that he was informed that he would not be safe in the crowd. It is said that no man is safe on the streets at night unless he should carry a lantern with him to indicate that he was on a peaceful mission. In that respect he is in a dilemma, for is he is recognized by the light of his lantern he may be shot at by an enemy who wants to take his life; and if he is not recognized he may be shot by someone who does not care whose life he takes.
About the County
And this condition of lawlessness and terror is inflicted upon a county fitted by nature to be immensely prosperous, and which has in fact prospered in spite of this serious handicap. It is the trading center of a large territory, contains many well-to-do men, some of them quite wealthy, and does a large volume of business.
The scenery of the country is beautiful. The Bluegrass region merges into the mountainous section about 40 miles from Lexington, and from that point to Jackson, great ledges of solid rock, mountain sides, and forests stretch out in all directions. The river at Jackson presents a freak of nature. It passes the southernmost extremity of the city and runs down for a distance of seven miles. There it makes a wide, sweeping curve, and returns to within 60 feet of its current at Jackson, forming a great pan bowl and handle. The area contained within this peninsula is known as the "Panbowl farm," and every foot of its 600 or 700 acres is owned by Judge Jas. Hargis. Over 400 acres comprise the richest land in the county and is in cultivation. The tract is seven miles long and in places is nearly a mile and a half wide. At the point where the rivers, or, rather, the two streams of the Kentucky River come almost together, the banks are separated by only 60 feet. Within this 60 feet runs a steep ridge some 40 or 50 feet high and eight feet wide. Its width is barely sufficient to allow the Kentucky Lumber and Veneer Company to run its narrow gauge railroad over. The railroad crosses the northern current of the river about two miles below Jackson. The aged mother of Judge Hargis resides on the farm in the "Panbowl."
Jackson itself is separated from the railroad depot by the river, and is reached by means of a bridge, the keeper of which charges one cent toll for each person and from ten to 25 cents for each wagon crossing it.
Business Goes On
Commercially Jackson is not in the demoralized condition that one would expect to find it after the innumerable episodes of the past half century. That the growth and development of the city and town have been retarded by these events no one denies or attempts to deny. Jackson is now one of the most important cities, in a commercial sense, in the mountains of Kentucky, and transacts a larger volume of business than many cities much greater in population. It is estimated that the volume of business in Jackson in a year amounts to from a quarter of a million dollars to $400,000. The wholesale business in Jackson increased 100 percent last year over the previous year. The retail business did not increase. It stood nearly stationary, or it may have increased to a slight extent.
Jackson is the terminus of the Lexington and Eastern Railroad, which extends to Lexington, a distance of 94 miles. Another railroad, the Ohio and Kentucky, runs out of Jackson a distance of 27 miles into the coal region. The Kentucky Lumber and Veneer Company owns a narrow gauge railroad extending 11 miles into the territory. Thus Jackson is the terminal point of three railroads aggregating a total mileage of 132 miles. Its terminal facilities cannot be over-estimated in such a region into which few railroads penetrate. Lexington, of course, is the natural outlet of the Lexington and Eastern Railroad, and the chief beneficiary of its business. The cannel coal regions of Kentucky contain practically inexhaustible beds of cannel coal the equal of the best Scotland cannel coal. An oil region is opening up in and around Breathitt County, and many wells are being drilled, but none of them so far has "come in." The Kentucky Union Coal Company of Jackson sells 30,000 tons of coal annually. This is the only coal company in Jackson.
Private Telegraph Line
The Lexington and Eastern telegraph line connects Jackson with the Lexington office of the Postal Telegraph Company. It is a private line maintained for private uses, but takes message from the public as a matter of accommodation. This company operates two wires into Jackson.
Jackson also has a local telephone system which has 85 subscribers. Another telephone system with only a few subscribers runs out some distance over the O. and K. Railroad. A long distance system is being connected with the local telephone company and the connection will be completed about August 1. The Jackson telephone will connect with the exchanges at Clay City and Mt. Sterling and at the latter place with the Cumberland Telephone and Telegraph Company, and will then thus have long distance communication with practically the whole country.
Supplies Big Territory
The business of Jackson is mostly of a mercantile nature outside of its lumber and coal interests, and includes the trade from the mountain country for a radius of 70 or 80 miles. Wagons travel over the mountain roads into Jackson for the necessities of life that cannot be raised on a farm. A round trip from the most distant points in Jackson takes nearly a weeks time and the freightage at those points is necessarily high. It must be remembered too that a 2,000 pound load of goods can be hauled over the mountains with less ease than 8,000 or 10,000 pounds can be hauled over the streets of Louisville.
One Bank In the Town
Jackson contains one banking institution, the Jackson Deposit Bank, with a capital stock of $15,000. The officers of the bank are Floyd Day, president; F. P. Crawford, vice-president; and J. S. Head, Jr., cashier. It was established about three years ago. Two insurance agencies have local agents in Jackson and the city contains 12 general store, two drug stores, one millinery store, three barber shops, one jewelry store, two hotels, and a restaurant. Two of the general stores are also wholesale houses and one of them, Hargis Brothers store, does a business of over $100,000 annually. Hargis' sales for the month of April amounted to $14,051.15.
For the month of March, which is general a dull month in a mountain town, the sales of this store amounted to $12, 503.65.
Afraid of the Risks
For awhile last summer, immediately after the assassination, and after or or two alleged cases of arson, the insurance companies withdrew their agencies in Jackson, and a great many companies are still out and will do no business there. Whether the insurance rates are raised in Jackson on account of its reputation as an unsafe place could not be ascertained.
Big Lumber Interests
The lumber business in Jackson is a considerable asset to its business. About eight lumber companies have headquarters there, and three of them are considered "big" and are among the biggest lumber companies in the state. Besides the lumber companies, two sawmills and two tie elevators are located there. The lumber output of Jackson is about 50,000 feet a day. Most of it is transported by river to Frankfort and other milling towns. The river is frequently clogged with rafts of logs. The railroad tie, lumber, and coal industries furnish occupation to large forces of workmen.
Newspapers and College
The Breathitt County feuds furnish a contradiction to the old adage that wherever newspapers, railroads, and colleges penetrate feuds are vanquished. Three railroads run into Jackson. Two newspapers are printed there, and the city contains one academic institution, the S. P. Lees Collegiate Institute, which has a roster of about 300 students a year. This college is operated under the direction of Central University at Danville, and is maintained principally by private donations. The two newspapers in Jackson are The Breathitt County News, Republican, and The Jackson Hustler, Democratic. An indication of the fearful condition existing at Jackson is shown by the accounts which both of the local newspapers printed of the Marcum assassination. These accounts were reprinted in the Courier-Journal. The business men of Jackson who gave the correspondent the facts embodied in this article asked that their names be withheld lest someone should become offended.
The Town of Jackson
The streets of Jackson furnish a picture that cannot be described in words. In the rainy season the mud and water easily reach to the wagon beds, an horses sink into the mud to their bodies. Almost each house in the city is built upon a separate hill, and a plat of the streets of Jackson would resemble a map of the Rocky Mountains. In the summertime the dust is several inches deep. For the past several years a tax of 50 cents on the $100 has been levied for the purpose of repairing the streets, but this revenue has been used for other purposes, and the streets have been left neglected. Water is obtained from wells and from the river. There is no electric light system, but a franchise for an electric light system has been granted to a Chicago concern. The concern has an option on the franchise until May 15, when, if it accepts the franchise, it will deposit $10,000 as an evidence of good faith that the plant will be constructed within five months from that date. The plant will be constructed, if at all, at a cost of $20,000.
Town's Credit Is Good
The credit of Jackson and her merchants does not appear to be involved by the conditions that exist there, certainly not locally, and not with the Lexington merchants, who are Jackson's most important commercial associates.
Money In the Treasury
Breathitt County, as a county, has, it is claimed by her county judge, unlimited credit. Judge Hargis says that the county needs no credit as it has sufficient revenue in its treasury, but he says that is it wanted to float bonds for any purpose he would be willing to take any amount at six percent. Judge Hargis says that when his administration began the county could not get credit for a piece of beefsteak. He endeavored to purchase beefsteak for the Eruptive Hospital on the county's credit, but credit was denied. He finally went down into his own pockets and advance the money. When Alex Hargis made his settlement with the county on April 5, 1899, the county books showed a balance in the treasury of $3,259.57. The day before Judge Hargis went into office, January 2, 1902, the county books showed a balance in the treasury of not one cent. The last settlement that Judge Hargis made was April 1, 1903, and the books then showed a balance of $2,357.04.
Real estate has increased in Jackson and Breathitt County steadily for the past 25 years and is higher now that it ever was before.
Ewen's Statement to Courier-Journal
B. J. Ewen, who was standing beside Marcum when he was shot, is a deputy sheriff and a man of good reputation. He was born in Powell County 33 years ago. He has just finished the erection of a new hotel in south Jackson. He has on hand contracts for constructing two side tracks for the Lexington and Eastern Railroad and takes large logging contracts. He has "boomed" about 33,000,000 feet of lumber into the Kentucky River for the Swann-Day Lumber Company of Jackson.