LETTERS OF INTEREST

WILLIAM LANDSAW HURST TO HENRY CLAY LILLY

CORRESPONDANCE FROM HURST TO LILLY, WHO WERE BOTH JUDGES

Here is a rare treat, Perry Countians. I extracted this letter from the Henry Clay Lilly Collection at Eastern Kentucky University. It was addressed to Col H.C. Lilly Commander of the 14th Kentucky Calvary and then later, Circuit Court Judge who oversaw the trial during the French/Eversole Feud. Please if you want to use, get in touch.

Dear sir, herewith enclosed I send you a clipping from the Kentucky observer (a newspaper published at Campton Ky by R. L. Stamper Editor of that paper) concerning the disturbance and fighting had at the recent term of the Perry circuit court. It gives a hasty sketch of the matter but not a full history of the matter - at the beginning of the court the captain of the state Guard had a conversation with me in which he said the Governor had refused to pay his forces for the time they had acted that he and his men had boarded at the Taverns till their credit for board had about played out & said if I required it he would try and get up some of his men to aid him holding the court but that under the circumstances he preferred that I would not call on the guard to aid me. I told him I would try to dispense with the services of the Guard at that time but for them to stand in readiness to aid me when I should call for their services - I thought I could hold the court without any trouble & without the use of the state Guard but I finally found myself badly and sadly mistaken

I however held it for four days under such circumstances as no other man, in my opinion, would have attempted to hold it - on Monday I was duly elected and qualified as special judge and on Tuesday night I was shot at in my bed [when I was asleep] and hit though not wounded. I was staying at Rob Combs in the French end of the Town at the time, the shot evidently came from one of the upper windows of B. F. French's house where Mr. Jo Adkins then and now lives. The ball came through the window & hit my left thigh but did not enter, the bullet was mashed or busted open. It is pronounced by some to have been an explosive bullet such as they use in the west to shoot bear with & when the ball hit the window glass I presume it exploded before reaching my person & this saved me from great harm. I got this bullet and now have it in my pocket the inside of is flared pieces seem to be curved and I saw a gentleman a few days afterwards who told me he had talked with some of the French party in Hazard after the shooting and that they informed him they had explosive bullets- the next evening after this occurrence some persons attempted to blow me & my room up with a dynamite but it glanced over my room and exploded in A. Duffs lot I happened not to be in my room at the time- the next morning I called on Lieutenant Fugate of the state Guard & asked him to aid the court with 15 of his armed men & had an order of court made to that effect. He soon reported that he had 12 of the men ready for duty. I told him to patrol the streets with his men & place a guard around the brandy shop in the upper end of town run by Joseph Davidson so I learned, most of the guard went out but I learned afterwards they did not do anything & that but few of the guard were subordinate to the commands of the Lieutenant & therefore he could not control them. I saw two of their guns under my bed & I learned they remained there unused and when the troubles came up on Thursday evening all of the guard but two so far as I could see or learn had fled & left the Town. There was an investigation laid before me on Thursday evening by county Atty Col Sayers in which it was proved that Tom Smith shot at Lieut. Fugate when the Dynamite exploded some persons or persons during the court abstracted & took away a considerable number of the Indictments including as I learned the whiskey indictments against Joseph Davidson, Mr. Davidson ran his brandy shop in defiance of the court all the time as I learned contrary to law although he promised me on the 2nd day of court not to do so.

On Thursday night Mr. B.F. French as I learned, brought considerable reinforcements from Breathitt including ? Allen, Jerood Little, Goodlow Combs, C.O Cardwell Atty at Law & as I imagine about the time the reinforcements landed they met the otherside made the earth resound with their ballards & needle guns.

The parties could not certainly have had anything against me only that I was holding court the best way I knew how. By French & some of the Breathitt men becoming united it is believed that if the matter is not checked it will soon assume gigantic proportions & reach into Breathitt & perhaps Powell counties this opinions seems to be entertained by many. You know how the Hargis Geo Spencer & John Rose matter in Powell seems connected with these things. You had better have at least fifty soldiers with you at Breathitt if you hold court there and you certainly ought to hold it as there are so much murder and crime pending there to try- This good citizen yields obedience & pays taxes to the state & when he does this a state that will not protect him is not worth living in, let that cash be much or little, we only live for our peace & happiness and only live in a state to have it protect us in our life wherefore if things remain as they now are the murders, crimes etc that will be committed and including the trials that will follow will cost the state vastly more than to send the soldiers up into these counties and keep them here a year by which time things would assume a different phase. I get the news nearly everyday that the French party say they will kill me for any attempting to hold the Hazard court. Will not the Executive protect it judiciary, this attepts kill a judge cannot and should not be overlooked the unarmed citizen is unable to cope with the needle gun of the bully and time has proved that the outlaws kill whom they please from ambush & otherwise

Yours Truly

Wm. Hurst

Written in the margin last page: This is not to be made public as my life is at stake, if you go to the Governor for troops you can let him read it privately. Let me hear from you in the meantime. The state guard in Perry is so divided in sentiment and action they cannot be relied on for any purpose.

Newspaper articles that I have tried to paint Lilly as a coward. I can assure you, he was no coward just smart. Hurst himself almost got blown up by dynamite. This feud was no joke and makes the Hatfield and the McCoys look tame in comparision.

Extracted by Sherry L Baker from the Henry C Lilly collection Special Archives, EKU, 2004 appeared in the 10th issue of The South Fork Country News... S.L. Baker Copyright and Editor.