“Even the court would express his opinion in words of abuse and very plainly exhibited his partiality or prejudice. Indeed, when the case of the Commonwealth against John Keeton was called for trial, and the affidavit of the defendant and two reputable housekeepers, asserting the belief that the presiding judge would not afford the defendant a fair and impartial trial was by the defendant handed to the judge, he remarked, after reading the instrument aloud, that he was not surprised; that John Keeton would swear anything; that he had sworn to so many lies already that it was not astonishing that he (the judge) would not give him a fair trial. This observation of His Honor was delivered in the presence of the jury selected to try John Keeton.”
Reverting to the excesses committed by the guerillas during the battle and afterwards, Adjutant-General Hill says: (Documents, Ky. 1887.)
“Almost every one with whom I talked, heartily approved the day’s work, barring some excesses, which were committed, such as the killing of the two wounded men after the fight was over, and the disposition on the part of certain members of the posse to abuse their victory by manifesting some disregard of property rights, which conduct was bitterly lamented by the more conservative members of the posse, notably Boone Logan himself. The victors of the 22nd of June were in the main, singularly moderate and forbearing, and it is denied by none of the people there that they rendered a most valuable service to the county in overthrowing the outlaws who had so long terrorized the community.”
During Circuit Court the commanding officers of the troops noticed one of the sheriffs and several Tolliver sympathizers in secret consultations. So suspicious were their actions that they were watched. In the afternoon these parties disappeared from Morehead. The next afternoon they brought a box of Springfield rifles, calibre fifty, by train. One thousand rounds of ammunition accompanied the guns. Col. McKee promptly seized the arms over the vigorous protest of the Tolliver faction. The court had directed their shipment “for the purpose of securing peace and quiet and preventing a fight among citizens of this community.” Another order of the court declared “arms and weapons are kept or hidden or concealed, with the intent and purpose of being used by partisans of the factional war or strife now disturbing the peace, quiet and good order of said county of Rowan or being delivered to said partisans” etc., and directed the seizure of all arms. The officers complied, collecting all arms discovered in the possession of the Logan faction, and, of course, retaining the box of Springfields consigned to White, a Tolliver sympathizer. Then, strange to say, on August 24th, an order was issued by the Circuit Court directing the Colonel commanding the troops, or rather the Adjutant-General, to immediately deliver to the sheriff the box of Springfields and ammunition to arm a posse of citizens of Rowan County to make an arrest, and demanding a reply in writing should the officer refuse to comply with this strange order. The Adjutant-General replied that he could not comply with the order for the reason that the arms could not be released except under direction from the Governor.
The effect of obedience to this order would have been to restore the arms to the Tolliver faction, while retaining those of the Logan party, and to arm a posse, perhaps to be guided by Deputy Sheriff Hogg, with its recent infamous history still in mind, would scarcely have been consistent with the duty of an officer sent to Rowan County to preserve peace. A day or two afterwards the court severely censured the Governor for not permitting His Honor to arm such sheriff’s posse as he might select. Before departure from Rowan the officer commanding restored the guns and pistols taken from private individuals during the term of court.
The box of Springfield rifles was retained and loaded upon the cars for shipment to Frankfort. The Tollivers were incensed. Deputy Sheriff Hogg and Andy White sauntered through town breathing threats and dire vengeance if the guns were not left behind. The soldiers loading them, however, were not disturbed, and the guns were deposited in the arsenal at Frankfort.
The presiding Circuit judge was soon afterwards, the following January, brought before the Legislature on impeachment proceedings. During the long-drawn-out investigation many witnesses were examined, whose testimony fills an entire volume. The result of the investigation was censure, a quasi whitewash, and a recommendation to abolish the county and attach it to another. But this would have meant nothing more nor less than to saddle upon innocent people the settlement of a controversy. To have transferred the county to another district would have resulted in involving other sections hitherto not affected by the trouble. To have abolished the county would have been an open acknowledgment of the weakness of the State to execute its laws and to cope with crime. It was this confidence of the lawbreakers that their crimes would never be punished, and the belief of many good citizens that the machinery of the law was set in motion only in the interests of certain parties, that was responsible for the long-continued, shameful disorders in Rowan County.