137. LEP, May 8, 1903.
138. LCJ, May 6, 1903.
139. McClure, “The Mazes of a Kentucky Feud,” 2220.
140. SIJ, May 12, 1903.
141. Lexington Leader, May 5, 1903. The Leader was one of few Republican Kentucky papers that freely accused specific county governments of electoral corruption. Ireland, Little Kingdoms, 51.
142. MPL, June 2, 1903.
143. Ibid., June 6, 1903.
144. “Assassination in Kentucky,” 778; Keane, Violence and Democracy, 39.
145. Hartford Republican, August 21, November 27 (quote), 1903.
146. MPL, May 14, 1903.
147. Lexington Morning Herald, July 31, 1903.
148. MPL, June 30, 1903.
149. Instead of suggesting violence acted out for or against the legitimacy of state power, “lawlessness” denoted “a Hobbesian state in which the relations between individuals or small groups are like those between sovereign powers,” a description of premodern societies most likely to experience or produce acts of violence related to “feud” or “vendetta.” Vahabi, The Political Economy of Destructive Power, 103–5.
150. Crittenden Press, May 14, 1903; Clay City Times, May 28 (quote), 1903; ACN, May 13, July 29, 1903.
151. Hartford Herald, July 1, 1903.
152. Ibid., June 24, 1903.
153. Larue County Herald, quoted in ACN, June 10, 1903. For Republican comparisons between the investigations of Goebel’s and Marcum’s deaths, see Hartford Republican, August 21, 1903; BCN, March 15, 1907.
154. ACN, July 29, 1903.
155. LCJ, May 6, 1903.
156. Ibid., June 17, 1903.
157. Lexington Herald, May 7, 16, 1903.
158. CDT, May 25, 1903.
159. “As the nineteenth century drew on, the family as an institution was figured as existing, by natural decree, beyond the commodity market, beyond politics, and beyond history proper. The family thus became, at one and the same time, both the organizing figure for natural history, as well as its antithesis. McClintock, “Family Feuds,” 63–64. See also Piepmeier, Out in Public; Said, “Secular Criticism,” 231–32; Peiss, “Going Public,” 817–20, 822, 826; Davidoff and Hall, Family Fortunes; Welter, “The Cult of True Womanhood.”
160. Richmond Climax, September 9, 1903.
161. Bourbon News, May 8, 1903; Commonwealth of Ky. vs. Curt Jett & c., May 28–June 19, 1903, Breathitt County Criminal Order Books and Indexes, KDLA; Jett v. Commonwealth, March 25, 1905, SWR, vol. 85 (March 15–April 19, 1905), 1179–82.
162. CDT, May 11, 25, 1903; MVB, May 26–27, 1903; Hartford Republican, February 26, 1904. In 1902 Fulton French collaborated with Hargis in establishing a Jackson hotel. MSA, July 1, 1902.
163. CDT, June 17, 19, 1903.
164. LCJ, May 10, 1903; LEP, May 10, 1903; CDT, May 7, 11, 1903.
165. Earlington Bee, May 28, 1903; Annual Reports of the War Department for the Fiscal Year Ending June 30, 1903, 330; Clements, History of the First Regiment of Infantry, 158.
166. Clements, History of the First Regiment of Infantry, 164.
167. “Comment,” 1086.
168. CDT, June 15, 1903; Bourbon News, July 28, 1903.
169. HGH, June 25, 1903; Lexington Herald, February 5, 1904.
170. CDT, June 20, August 16, May 6, 1904. Jett was later implicated in the killing of Cockrell as well. Jett v. Commonwealth, filed March 25, 1905, KLR, vol. 27 (February–September, 1905), 603–7.
171. MVS, March 31, 1905; Paducah Sun, December 20, 1906.
172. BCN, May 29, 1903; NYT, June 21, 1903; Richmond Climax, July 1, 1903.
173. MPL, October 13, 1900; Bourbon News, June 5, 1903; Hartford Republican, August 28, 1903; MPL, September 15, 1903; BCN, June 14, 1907; McClure, “The Mazes of a Kentucky Feud,” 2223–24; clipping, St. Louis Globe-Democrat, October 27, 1916, Appalachian Feuds Collection, box 1, series 6, Southern Appalachian Archives, HLSCA. A survey of pardons issued during Beckham’s administration show a certain amount of political interest, if not prejudice. One Shepherdsville, Kentucky, “Democratic barber” received a pardon since his conviction for concealment of a deadly weapon (his straight razor) was allegedly “persecution by the Republicans instead of prosecution.” However, most of these pardons made no explicit mention of political affiliation. What is indicated instead is a proliferation of pardon requests and pardon contestations originating mostly in eastern Kentucky. Of the fifty-four extant petitions sent to Governor J. C. W. Beckham in order to protest requests for pardon (with the vast majority being in reference to murder or manslaughter), twenty-nine were in regard to crimes committed east of the Bluegrass. This indicates that such crimes were well publicized and committed in a way that aroused entire communities against the accused. Many simply reflected the tenor of crime that had developed there during the early twentieth century. In one, a young man convicted for carrying a concealed weapon (probably one of the most common convictions in Kentucky jurisprudence between 1870 and 1910) claimed that he did so only because he was visiting an area of Knox County “known and regarded as a community in which the disregard for law prevails to such an extent that it has been thought foolish in him who ventured therein unarmed.” Tom White’s pardon can be interpreted either way. “Herbert Glenn to Gov. Beckham” (undated) and “Chadwell Hall to Governor J. C. W. Beckham” (undated), Governor’s Correspondence—Contested Pardons, Papers of J. C. W. Beckham, KDLA.
174. LEP, May 8, 1903; Lexington Herald, May 11, 1903. As early as 1900, when “Redwine” was still a curse word among Kentucky Republicans (and a fair number of Democrats), Beckham supposedly issued twelve pardons to Breathitt County convicts, this out of a seven-month total of eighty-eight. Over the next three years, his apparent favoritism toward Breathitt County petitions seemed especially marked. MPL, August 7, 1900; Earlington Bee, October 11, 1900; Hartford Republican, October 30, 1903.
175. Hartford Republican, July 3, 1903.
176. ACN, July 8, 1903.
177. CDT, June 27, 1903. For a similar Beckham rebuke toward northern Republicans, see Earlington Bee, May 14, 1903.
178. NYT, September 6, 1903.
179. Because of widely publicized accounts of violence in Clay County, Bradley did eventually send the militia there. Bradley may have been somewhat aware that the renewal of hostilities in the county may have resulted from the disruption in the political status quo caused by his election as Kentucky’s first Republican governor. LCJ, June 13, 1898; Billings and Blee, The Road to Poverty, 287, 291, 298–303.
180. NYT, January 6, 1904.
181. Washington Post, quoted in Lexington Leader, August 2, 1903.
182. LCJ, October 3, 1903.
183. NYT, September 19, 1903; Chesham, Born to Battle, 116.
184. BCN, October 23, 1903 (quote); Hartford Republican, November 27, 1903.
185. BCN, October 23, November 6, 13, 1903; MPL, November 19, 1903.
186. Carl Day’s brother was Kentucky’s former state treasurer. Clay City Times, May 21, 1903; SIJ, May 22, 1903; Washington Times, December 3, 1903.
For the law, see KHJ, 1904, 73; Richmond Climax, January 6, February 3, 10, 17, 24, 1904; Berea Citizen, February 4, 11, 1904; Richmond Climax, February 17, 1904; MPL, March 24, 1904; MSA, March 30, 1904; Hartford Republican, April 8, 1904; BCN, April 15, 1904; MVB, March 24, 30, April 5, 6, November 14, 1904; Wright, Racial Violence in Kentucky, 144–45; Wright, A History of Blacks in Kentucky, 136–48; Wright, “The Founding of Lincoln Institute,” 57–70; Tapp and Klotter, Kentucky, 396–400, 418–25; Paul David Nelson, “Experiment in Interracial Education at Berea College,” 13–27; Betty Jean Hall and Heckman, “Berea College and the Day Law,” 35–52; McVey, The Gates Open Slowly, 153–54. All of the secondary source accounts of the Day Law have far more to say about its effects than its legislative origins.
187. Clay City Times, February 4, 1904; Richmond Climax, February 10, 1904; Berea Citizen, February 11, 1904; SIJ, March 15, 1904 (quote); Hardin, Fifty
Years of Segregation, 12–13; Wright, Racial Violence in Kentucky, 144–45; Wright, A History of Blacks in Kentucky, 144–48.
188. Hardin, Fifty Years of Segregation, 12.
189. Berea Citizen, September 24, 1903; Norrell, Up from History, 244–53.
190. Paducah Sun, November 10, 1903; Hartford Herald, September 21, 1904. See also MVB, February 16, 1903.
191. Richmond Climax, February 3, 1904.
192. KHJ, 1904, 525.
193. Richmond Climax, February 3, 1904.
194. KHJ, 1904, 525–27; Richmond Climax, February 17, 24, 1904; Nation, February 25, 1904, 141; Klotter, Kentucky, 152–53.
195. LCJ, February 2, 1904; MVB, February 2, 1904; Berea Citizen, February 4, 1904; Richmond Climax, February 10, 1904.
196. Located in the foothills of Madison County, Berea College could have just as easily been termed a Bluegrass institution. Most Americans who were familiar with it placed it in the mountains, particularly because of William Frost’s famous interest in the welfare of the “mountain white” and the large number of young mountaineers who made up its student body. “The Attack upon Berea College,” 102–3.
197. Betty Jean Hall and Heckman, “Berea College and the Day Law,” 38.
198. Berea Citizen, February 11, 1904.
199. Quoted in Wright, A History of Blacks in Kentucky, 145.
200. William G. Frost, “Berea College,” 63–64.
201. Most notably Clark, My Century in History, 245.
202. LCJ, February 2, 1904; Betty Jean Hall and Heckman, “Berea College and the Day Law,” 35–52.
203. Richmond Climax, January 6, 1904; KHJ, 1904, 43.
204. MSA, June 3, 1903; HGH, March 24, 1904.
205. Pierson, “Berea College and Its Mission,” 418.
206. “Hostile Legislation against Berea, a Ruthless Hand Stayed by Appeal to the Constitution,” Berea Quarterly, April 1904, 13, Berea College Vertical Files: Day Law III, HLSCA.
207. Lexington Herald, February 5, 1904.
208. Ibid., January 30, February 2, 4, 1904; MSA, February 10, 1904; BCN, February 12, 1904; Berea Citizen, March 17, 1904 (quote).
209. AGACK, 1904 (Louisville: Geo. G. Fetter, 1904), 126–27.
210. MPL, March 24, 1904; MSA, March 9, 30, 1904; MVB, March 24, April 4, 5, 6, 1904; Hartford Republican, April 8, 1904; Clay City Times, April 14, 1904; Berea Citizen, April 14, 1904; BCN, April 15, 1904; HVK, April 15, 1904; SIJ, April 15, 1904; Hartford Republican, April 15, 1904; FRA, April 16, 1904; ACN, April 20, 1904; Richmond Climax, April 20, 1904; Crittenden Press, April 21, 1904; AGACK, Special Session, 1905 (Louisville: George G. Fetter, 1905), 14–15.
211. In October 1904 Berea College was found to be in violation, thus beginning a four-year legal battle that concluded with the Supreme Court’s upholding the Day Law. The original bill’s provenance in the mountains, and persistent rumors that Day and Berea president William G. Frost had collaborated in the bill’s drafting, may well have helped to prevent an arrangement that never came to be: a Republican alliance between blacks and mountaineers in Kentucky. Nation, November 19, 1908, 480–81; Higginbotham, “Racism and the Early American Legal Process,” 16–18; Paul David Nelson, “Experiment in Interracial Education at Berea College,” 24–27; Wright, A History of Blacks in Kentucky, 185–86; Hardin, Fifty Years of Segregation, 14–20, 62–65, 72–73, 85–86, 100–101, 106–7.
212. Mrs. J. B. Marcum agst. James Hargis, February, 1904–1905, Clark County Circuit Court Case Files, KDLA; CDT, February 28, 1904; Marcum et al. v. Hargis et al., Court of Appeals of Kentucky, October 16, 1907, SWR, vol. 104 (August 28–November 27, 1907), 693–95; Earlington Bee, March 3, 1904; MVS, March 14, 1904; Mountain Advocate, March 4, 1904; Hartford Republican, March 25, 1904; LCJ, June 3, 1904; ACN, December 21, 1904; HGH, December 22, 29, 1904; Coulter and Connelley, History of Kentucky, 3:186.
213. “Notes on Important Decisions,” 118–19.
214. HVK, January 12, 1905; MPL, January 28, 1908; SIJ, January 28, 1908; Marcum et al. v. Hargis et al., Court of Appeals of Kentucky, October 16, 1907, SWR, vol. 104 (August 28–November 27, 1907), 694; French v. Commonwealth, Court of Appeals of Kentucky, November 21, 1906, SWR, vol. 97 (November 28, 1906–January 2, 1907), 427–33; Herald Publishing Company, et al. v. Feltner, decided March 17, 1914, Kentucky Reports, vol. 158 (March 13–May 14, 1914), 35–44; Child, “The Boss of Breathitt,” 16.
215. BCN, November 11, 1904; HGH, December 8, 1904 (quote).
216. BCN, January 27, 1905; Bourbon News, January 27, 1905, February 17, March 24, 1905; LCJ, May 5, 1912.
217. LCJ, March 31, 1905.
218. BCN, February 17, 1905.
219. Without attempting to absolve Hargis et al. of guilt, the defense suggested that, even though Cockrell had died in Lexington, the fact that he had sustained his fatal injury in Breathitt County meant that Fayette County’s bench had no jurisdiction in prosecuting the crime. BCN, January 27, 1905; NYT, March 28, 1905; HGH, June 8, 1905; CDT, May 24, 1907; Hargis, &c. v. Parker, Judge, &c., filed March 10, 1905, KLR, vol. 27 (February–September, 1905), 441–48; Hargis et al. v. Parker, Judge, et al., Court of Appeals of Kentucky, March 10, 1905, SWR, vol. 85 (March 15–April 19, 1905), 704–9; Crittenden Record-Press, May 30, 1907.
220. MSA, June 20, 1906; CDT, July 12, 1906; BCN, July 20, 1906. It was widely believed that key witnesses like Jett remained loyal to Hargis since “he could get any man in the penitentiary pardoned” by Governor Beckham. But although Jett was eventually paroled from prison, he was not the recipient of a pardon. Louisville Herald, June 8, 1908.
221. NYT, July 18, 1906; CDT, July 18, 1906; BCN, July 20, 1906; E. Polk Johnson, A History of Kentucky and Kentuckians, 2:639 (quote).
222. Crittenden Record-Press, May 30, 1907; NYT, July 20, 21, 1907; BCN, August 2, 1907; Child, “The Boss of Breathitt,” 16–17 (quote); Chandler et al., The South in the Building of the Nation, 322. Elliott County proved to be an even more dramatic deviation from the general trend of Kentucky mountain Republicanism than did Breathitt County. The county was said to not even have a telegraph connection to the “outside world” as late as 1907. Before 1908, its largest Republican vote in a presidential election had been 34 percent; Shannon and McQuown, Presidential Politics in Kentucky, 47, 50, 55, 58, 61, 66, 72, 76, 80.
223. CDT, May 30, 1907; Crittenden Record-Press, May 30, 1907.
224. NYT, June 30, 1904.
225. BCN, May 31, 1907.
226. Hartford Republican, May 31, 1907.
227. Edward Callahan to J. L. “Dutch” Burton, April 19, 1905, Assorted Documents, Breathitt County Museum. Callahan’s claims of his popularity in Lexington and the throngs of Democratic visitors are corroborated in HVK, March 21, 1905.
228. Lexington Leader, November 14, 1902.
229. HMC, February 28, 1905 (quote); MPL, October 17, 1905; BCN, October 20, 27, 1905.
230. BCN, November 10, 1905; Bourbon News, November 10, 1905; MPL, November 14, 1905; Richmond Climax, November 15, 1905; Hartford Republican, November 17, 1905, January 5, 1906; NYT, November 8, 1905, January 3, 1906; MSA, November 8, 22, 1905; Cope v. Cardwell, Court of Appeals of Kentucky, May 1, 1906, SWR, vol. 93 (June 27–July 25, 1906), 3–4; LCJ, February 6, 1908.
231. Richmond Climax, November 15, 1905; MPL, November 21, 1905; MSA, November 22, 1905.
232. MSA, November 15, 1905.
233. MPL, November 14, 1905.
234. BCN, November 10, 1905.
235. LCJ, October 10, 1906; BCN, October 12, 1906.
236. MSA, November 7, 1906; BCN, November 9, 1906; SIJ, November 9, 1906; HVK, November 10, 1906; Official Congressional Directory, 61st Congress 2nd Session, 39–40.
237. Breathitt County’s Republican majority in this election was particularly phenomenal considering that Bryan carried the state handily in 1908. Shannon and McQuown, Presidential Politics in Kentucky, 80.
238. MPL, May 24, 1905; Lexington Leader, quoted in BCN, November 2, 1906; BCN, quoted in Har
tford Republican, January 18, 1907.
239. Curiously, Democrats nominated an eastern Kentucky candidate. Republican Augustus E. Willson’s opponent, Judge Samuel W. Hager of Magoffin County, was one of few mountain Democrats ever to be nominated to run for governor of Kentucky. Berea Citizen, March 14, 21, 1907; Hartford Republican, March 15, 1907; BCN, August 9, 1907 (quote); MPL, August 16, 17, 20, 31, September 14, October 26, November 4, 1907; CDT, November 6, 1907; Tracy Campbell, The Politics of Despair, 86–90; Willis, Kentucky Democracy, 419; Klotter, Kentucky, 210–12.
240. NYT, February 29, 1908, November 7, 1909.
241. MSA, August 28, 1907.
242. BCN, September 11, 1908.
243. Berea Citizen, March 5, 1908.
244. MPL, September 30, October 16, 1907; Bourbon News, October 1, 8, 1907; HGH, October 3, 1907; SIJ, October 4, 8, 1907; Hartford Republican, October 4, 1907.
245. Bourbon News, February 11, 1908.
246. LCJ, February 6, 8, 1908; MPL, February 8, 1908; Washington Times, February 9, 10, 1908; NYT, February 16, 1908; CDT, February 7, 1908 (quote); FRA, February 8, 1908; HVK, February 8, 11, 13, 1908; ACN, February 12, 19, 1908; Breckinridge News, February 12, 1908; MSA, February 12, 1908; Clay City Times, February 13, 1908; Bourbon News, February 14, 1908; SIJ, February 14, 1908; MVS, February 14, 1908; Linner, “The Human Side of Jim Hargis,” 21.
247. ACN, February 19, 1908; MSA, February 19, 1908; Earlington Bee, February 20, 1908; HVK, February 20, 1908; Berea Citizen, February 20, March 5, 1908; MSA, February 26, March 4, 1908; Clay City Times, March 5, 1908; HGH, March 5, 1908; Bourbon News, December 24, 1908 (quote); Hargis v. Commonwealth, December 1, 1909, Kentucky Reports, vol. 135 (September term, 1909), 578–606.
248. CDT, August 26, 1908; MVS, September 4, 1908; Winchester News, December 14, 1908; Berea Citizen, April 29, 1909.
249. Earlington Bee, June 9, 1916; Kash, “Feud Days in Breathitt County,” 352.
250. Winchester News, January 2, 1909; HGH, June 24, October 28, November 3, 1909; HMC, July 1, 1909; Clay City Times, June 24, November 4, 1909; Berea Citizen, November 4, 1909 (quote); SIJ, November 5, 1909; HVK, November 6, 1909; NYT, November 7, 1909; ACN, November 10, 1909 (quote).
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