Then the long-drawn notes of a bugle floated in the morning air—the astonished people peered through the windows and beheld in the court house yard a long line of soldiers, their guns and bayonets glistening in the morning sun. There was a sigh of relief—danger had passed for the moment.
The troops remained at Morehead until some time in August. It was due to their presence that the election passed off without violence and bloodshed. When Circuit Court convened, the Commonwealth was represented by the Honorable Asher C. Caruth, Commonwealth Attorney of the Jefferson Circuit Court, and afterwards member of Congress from the Louisville District.
As at this time practically every citizen in the county was aligned on one side or the other, it seemed impossible to secure juries that would try cases impartially and without prejudice. This state of affairs did not escape the attention of Mr. Caruth. The result of his investigations of affairs in Rowan County resulted in a nolle prosequis, qualified by certain conditions, of the charges against the Tollivers and Humphrey. His proceeding in this respect is contained in the following report to Judge Cole, presiding judge of the Circuit Court:—
Hon. A. E. Cole,
Judge of the Rowan Circuit Court.Under your appointment I have acted as Commonwealth Attorney pro tempore at the special July and present August term of the Rowan Circuit Court. I have given the felony docket, over which alone, under the present law, I have jurisdiction, careful study and attention. I have also investigated as thoroughly as a stranger to the people of Rowan County could do in the limited time of my service, the causes which led to the present unhappy condition of affairs, and have sought to find a remedy for the evils afflicting this people.
I find it to be the opinion of the law-abiding citizens of all parties that the public peace could be best secured by the continued absence from the county of Rowan of the acknowledged and recognized leaders of the two rival factions—Craig Tolliver and Cook Humphrey. Against the former there is now pending one felony charge, that of false arrest and imprisonment. Against Humphrey there are three indictments for felony on the docket, each for conspiring, etc., to commit personal violence. I have the written request of each of these persons accused to suspend further proceedings in their cases, coupled with a promise on the part of each to leave the county of Rowan never to return unless, temporarily, to attend the funeral of some immediate relative.... The persons charged to have been injured by their acts also request this disposition of the pending cases. It is the opinion of the members of the grand jury now in session, and of the vast majority of the citizens of the county, that this disposition of the cases will do much to restore peace and confidence to the community. After full consultation with the members of the bar residing here or practising here, with the commander of the forces now stationed at the county seat, and with citizens of high position and authority in the Commonwealth, and considering the uncertainty of the criminal trials, I am convinced that this is the best available method to secure the end in view. No harm can, by this means, be done the State, because, should the agreement be violated, the cases can at once be set for trial and prosecutions made.
The following written agreements were then signed and attested:
Asher G. Caruth,
Commonwealth’s Attorney pro tempore,
14th Judicial District:—
I request you to suspend any further proceedings in the cases now pending in the Rowan Circuit Court against me, and promise that I will remain away from the county of Rowan permanently. Should I ever return to said county I am willing that the cases shall be redocketed and the trials proceed. I will leave said county on or before the 8th day of August, A. D. 1886. In this agreement I reserve the right, in the event of the death of any of my immediate relatives, to return to attend their burial, but I must immediately thereafter leave the county to permanently remain away.
(Signed) Craig Tolliver.
Attest: D. B. Logan.
A similar agreement was prepared and signed by W. C. Humphrey, attested by G. A. Cassidy.
We do not wish to criticise Mr. Caruth’s course in this matter, but it occurs to us, and must occur to the reader, that the practice of compromising with outlaws proves a weak-kneed administration of the law. It seems that a man or set of men may terrorize a community as pleases them, then demand of the authorities immunity for crimes, on certain conditions prescribed by the criminals. Mr. Caruth acted for the best interests of the community, as he believed. Aware that juries were partial or prejudiced, he realized that trials in Rowan County of either of the factions would result in injustice one way or another. The Grand Juries were corrupt and accustomed to wreak vengeance on some and whitewashing others. The selection of trial juries was so palpably unfair that visiting lawyers commented upon it and afterward testified before the legislative committee to that fact. Several court officers were undisguised partisans. It seems to us, however, that these cases might have been removed from the county and tried elsewhere upon a change of venue. At any rate, the compromise effected by Mr. Caruth proved not only unsatisfactory, but ill-advised. The success of his scheme was founded upon the belief that the parties to the agreement would adhere to the pledge to leave the county. He did not understand the character of Craig Tolliver. To secure his signature to an agreement that would put an enemy out of his way was one thing, to make him keep it, another. Tolliver remained absent from Morehead long enough to assure himself that the indictments against him were dismissed, when he promptly returned. Although the compromise was based upon the understanding that if either returned except under the conditions recited in the agreement that the indictments against the party so returning should be redocketed and revived, this was never done. Tolliver was free to continue his career of crime. Humphrey kept his word, and never violated his pledge. He sold out his earthly possessions in Rowan County and bade farewell to his native State.
Previous to his election as sheriff Humphrey had been a highly esteemed citizen, a man of exemplary character, of amiable disposition. His fatal connection with the feud was mainly due to his unfortunate selection of Stewart Baumgartner as his deputy. The latter was a citizen of Elliott County, where he had a reputation for violence and desperation. Pursuing the same course in Rowan, Humphrey’s association with him made him many enemies. Baumgartner’s connection with the Martin faction compromised Humphrey; thus step by step he was thrown into the whirlpool of trouble. The formerly quiet, inoffensive citizen grew dangerous and violent; the dormant, unholy passion of revenge was aroused. Humphrey became for the time being a character dreaded by those that opposed him. At the time of his participation in the feud he was yet in his twenties and unmarried. After leaving Kentucky he went West, never to return to his native heath until after the death of Craig Tolliver and his followers, and then only on special business.