Country people, traveling toward town, at last came to Morgan’s relief, but he died within a few hours.
As soon as the alarm had been given, a posse of his friends started in pursuit of the murderers, but nothing came of it.
The French faction openly charged the Eversoles with the murder. The Eversoles expressed indignation at the imputation. They had no right to complain. On other occasions they had themselves preferred similar charges against French upon no better authority than suspicions based upon suspicious circumstances. The murder of Morgan had followed closely upon the heel of the assassination of Shade Combs for which the Eversoles held the French faction responsible. Certainly there were some well-grounded suspicions that the slaying of Morgan was an act of retaliation on the part of the Eversoles.
Now the State government and the circuit judge began to take a hand in the matter. It was time. Circuit Judge Lilly, a gentleman of the highest type, an able jurist, had somehow or other seemed unable to inspire the district with respects for his courts. This district embraced the counties of Breathitt, Letcher, Perry, Knott and others. In each of those lawlessness had spread to such an extent that the judge found himself defied on every hand and felt himself compelled to request the State to furnish troops for his courts.
This led to the following spirited correspondence between the Governor and Judge Lilly:
Hazard, Ky., Nov. 13, 1888.
To the Governor of Kentucky:
Sir:—Captain Sohan has succeeded in organizing a company of about 45 State Guards in Perry County. He informs me that he has no orders and does not know whether he will be ordered back to Louisville or to go with me to Whitesburg, thence to Hindman and thence to Breathitt; but, in any event, expects to be ordered away from here very soon. Mr. B. F. French is here with 15 or perhaps more men, well armed, and the people are so much alarmed, fearing that they will be left to the mercy of these men, that I have decided that I will take the responsibility upon myself to order the Perry Guards on duty, hoping that you will approve my action and order them on duty, and let their pay begin on the 17th instant.
I will not attempt to hold courts at Letcher, Knott, or Breathitt unless you send guards along. No good can be accomplished by holding courts in any of those counties without a guard. If a sufficient guard is present, I think that much good will be accomplished in and by the moral effect it will have on the people by showing them that you are determined to have the courts held and the laws enforced, and to give protection to the good citizens.
Please write me and send by way of Manchester, as I shall return that way, and if I do not receive your letter here, can get it on the road. If you order the guard to go with me I will go and hold the courts if not Providentially hindered.
I remain, Yours truly,
H. C. Lilly.
The Governor answered in rather caustic manner.
Governor Buckner’s Reply.
Executive Department.
Frankfort, Nov. 27th, 1888.
Hon. H. C. Lilly, Judge, Irvine, Ky.
Dear Sir:—I have the honor to acknowledge the receipt of your communication of the 13th inst. from Hazard, Perry County, in which you say “Mr. B. F. French is here with 15, or perhaps more, men, well armed, and the people are so much alarmed, fearing that they will be left to the mercy of those men, that I have decided that I will take the responsibility upon myself to order the Perry Guards on duty, hoping that you will approve my action and order them on duty, and let their pay begin on the 17th inst.”
At the time I received your communication I was in communication with the sheriff of Perry County. I inferred from his statements that there was no immediate danger of an outbreak or opposition to the civil authorities; and, second, that but slight effort had been made by him to arrest violators of the law.
Your own statement does not inform me of anything more than a vague apprehension in the public mind, and does not advise me that the civil authorities cannot suppress any attempts at disturbance by employing the usual force of civil government. I assume that if danger had been imminent, both you and the sheriff would have remained on the ground.
The object of furnishing troops on your application was to protect the court in the discharge of its duties, and not to supercede the civil authorities by a military force.
Under the circumstances I do not feel authorized to call the local militia into active service.
Respectfully, your obedient servant,
S. B. Buckner.
The letter of Judge Lilly is significant as an admission of the cowardice of the entire population. He says “Mr. B. F. French is here with fifteen, or perhaps, more men, well-armed, and the people are so much alarmed fearing that they will be left to the mercy of those men” and so on.