During the night Tom Smith and Jesse Fields succeeded in eluding the vigilance of the Eversoles and occupied the Graveyard Hill. When the first ray of dawn approached, Fields and Smith opened a terrific fire upon the Eversoles in the court house, the balls crashing through the windows, driving the occupants to seek safety by throwing themselves upon the floor.
During the early morning hours two of the Eversole men attempted to cross a street near the court house, when Fields and Smith opened fire upon them. One of the men, J. McKnight, was instantly killed, while his companion escaped. Smith and Fields used a sunken grave as a rifle pit and from a tombstone Smith took the rest for the shot that killed McKnight.
The strategic advantage of French’s men perplexed the Eversoles, who, penned up in the court house, were rendered practically helpless. The fusilade was so continuous that an attempt to return the fire from the windows would have meant certain death. The balls crashed through the windows, tearing the wood casings to splinters and the shutters were completely shot away. The furniture in the court room was thrown about and knocked into atoms. The building, from which the Eversoles had expected so much as a point of vantage, proved a death trap. To retire from it the Eversoles appeared as anxious as they had been to take possession of it. Their retreat to the river bank was effected in safety, but to prevent attack while crossing the river, Green Morris and a companion remained concealed under the banks of the river. Fields and Smith on the Graveyard Hill were the first to see the Eversoles in retreat and started in pursuit. Approaching the hiding-place of Morris, the latter fired, wounding Fields severely in the arm and thus effectually checked further pursuit. If Smith and Fields had reached the river unharmed, the record of the fight might present an increased list of casualties, as both were men of great courage and good marksmanship.
On the records of the Perry Circuit Court appears an order of Special Judge Hurst, giving his reason for the unceremonious adjournment of court. It is an interesting document. Certainly Judge Hurst’s reason for adjournment seems a valid one:
Perry Circuit Court.
4th day Nov., Term 1889.
At this term of the Court there were two armed factions in the town of Hazard, the French and Eversole factions, antagonistic to each other.
On the second night of the Court, the acting judge was shot but not wounded (?) in the French end of the town, French not being in the town at the time, but some of his men were and the next evening at dusk a “dinamite” or other cartridge with burning fuse attached was thrown over the judge’s room or house in which he stayed and exploded heavily on the other side of the house.
Court continued till the evening of the 4th day, when the two factions began heavy cross-firing at each other in earnest about and near the court house, which completely “correlled” the court, the jury, the officers and people in court for some time, and before the firing abated, the judge plainly seeing, that it was not intended that court should be further held, and it being impossible to further progress with the business and live, the court ordered the clerk to adjourn the court, and the non-combatants to save themselves as best they could. They did so, but one shot was fired at them from the Eversole quarters as they left.
The fighting continued through the next night and until about 9 o’clock the next day excepting some intervals of rest. The French side received reinforcement from Breathitt County. During this fight two men, friends of Eversoles, were killed in the battle, and it was rumored that one of the French party was badly wounded and perhaps killed and another one wounded.
The Eversole party claimed that they were destitute of ammunition next morning and retired from town without being injured thereby. The clerk left with his keys, the jury left, the judge remained till the next morning in the town and after the retreat of the Eversole party, when he received news as coming from the French side that he and the women and children could leave the town unmolested provided he did not go back to the court house, whereupon the court and some of the women and Commonwealth’s attorney quietly marched away and in pursuance to the court’s orders this court is hereby adjourned in course.
This order was signed at the August Special Term of the court 1890 and on the 11th day of August, 1890.
Immediately after the battle the factions scattered through the neighboring counties, scouting in small detachments, and continually shifting quarters.
A special term of the Perry Circuit Court was called for August, 1890. On the night of July 4th, however, a deed was perpetrated which was intended to and did block the business of the court.
The town was awakened by the shrill cry of “fire,” the crackling and crashing of burning and falling timbers—the court house was a seething mass of fire, and the people could only look on as the structure succumbed to the consuming element. There was never any question as to the origin of the fire. It was the work of incendiaries. Fortunately, most of the records were saved.
Many of the feudists now began to tire of the constant scouting. There was not enough real fighting to make it interesting. Occasional ambuscades had lost their charm. Many longed for peace and home. Among these was Robin Cornett, an Eversole man. Pretending friends encouraged him to return to his home. He did so, and as day after day passed without the least mishap, he often visiting Hazard in apparent safety, he relaxed his vigilance, and fell,—a victim of relentless assassins.