Hurley, strange to say, was liberated. Wallace escaped, but in the following spring was captured by two of Jeff McCoy’s brothers, Dud and Jake, and delivered to the jailer of Pike. Before trial he broke jail and returned to Cap Hatfield, who supplied him liberally with money and a mount to aid his escape.
For some time thereafter all trace of him was lost. At last he was heard of in Virginia. Unwilling to turn his hands to honest labor, he had engaged in the illicit sale of whiskey. For this he was arrested and fined. In this wise his name became public and in the course of time his whereabouts became known back in Kentucky. Jeff McCoy’s brothers offered a reward for his capture and two men started upon the trail of the much desired fugitive. Within a short time they returned to Kentucky and claimed the reward. Where was the prisoner? The answer was given by the exhibition of a bloody lock of hair—the reward was paid.
Came the year 1887. Still not one of the twenty-three murderers of the three McCoy brothers had been apprehended, although they were frequently seen on the Kentucky side. Attempts to take them had been made from time to time, but the officers always found them in such numbers and so perfectly armed that an attempt to force their arrest would have resulted in much bloodshed without accomplishing the arrest.
Then Governor Proctor Knott of Kentucky took a hand and offered tempting rewards. His successor, General Simon Bolivar Buckner, renewed them, and issued requisitions for the twenty-three murderers upon the governor of West Virginia, appointing as agent one Frank Phillips to receive the prisoners.
Weeks passed and no attempt was made on the part of the West Virginia officers to execute the warrants for these men so badly wanted in Kentucky, and, to the utter surprise and indignation of Governor Buckner, the West Virginia Executive, Governor Wilson, refused to honor the requisitions, assigning various reasons and excuses for his non-action.
Governor Buckner, the old “warhorse,” as his friends and comrades-in-arms in the Civil War affectionately dubbed him, took the West Virginia governor to task for his lack of coöperation in the apprehension of the murderers. An exceedingly salty correspondence followed. The controversy grew so bitter that, for a time, a declaration of war between the two States would have surprised no one. And while the governors fought each other on paper, the murder mill ground on uninterrupted, the bloody warfare continued without molestation.
Now enters upon the scene Frank Phillips, Governor Buckner’s Kentucky agent, to receive the persons named in the requisition upon the Governor of West Virginia. He was a deputy sheriff. Though of slight stature, he was as brave a little man as ever trod the soil of Kentucky, so noted for her brave sons. He was rapid as lightning, and would have made an ideal quarterback for any college football team. With all his bravery he was cautious, circumspect and shrewd. A terror to evil-doers, he was the general favorite throughout Pike County among the law-abiding citizens.
An incident which occurred during the summer of 1887, illustrates the utter fearlessness of the little, keen-eyed deputy sheriff. Warrants for the murderers of the three McCoy brothers had been issued upon the indictments repeatedly and as often returned by the sheriff “not found,” notwithstanding the presence of the fugitives on the Kentucky side on various occasions was common knowledge. Having so long remained unmolested, the Hatfields grew bold, and in 1887, took great interest in the Pike County election. Such was their contempt of the officers that as election day approached, the sheriff of Pike County was notified to instruct his deputies, that had warrants against them, to be certain and stay away from the voting precinct at which they, the Hatfields, would appear on election days, or, if the officers should attend, to leave the bench warrants for their arrest behind.
The election following the appointment of Frank Phillips as a deputy was one of deep interest to the Hatfields. Desiring to attend it, they sent word to Phillips to remain away, or to come unarmed and without warrants. He was threatened with sure death if he violated these injunctions. Frank, however, was cast in a different mold from that of his predecessors. He replied, in writing, that business demanded his presence at that election precinct on election day; that he would be there; that he would bring along the bench warrants, would come fully armed and that he intended to either take or kill them.
The Hatfields were amazed at the nerve of the man, but finally came to regard it as an idle boast. True to his word, Phillips went to the election ground. The Hatfields approached within gunshot distance and fired a volley through the brush and bushes, stampeding all but some eight or ten persons. The plucky little deputy sheriff remained till late in the afternoon, but the Hatfields withdrew. Inspiring example of what a brave, determined officer may do and it proves that with all their contempt for law and order deep down in the hearts of outlaws there is the fear of retribution and punishment. The little man had called their bluff because he had right on his side, and the nerve to contend for that right, and wherever there is a genuine determination to put an end to outlawry, it can be done, it matters not how desperate and vicious the outlaws may be.