There are about seven principal places that figure in this tragedy (quoting in substance the opinion): The home of Ed. Callahan on Long’s Creek, about one mile from the Middle Fork of the Kentucky River; Abe Johnson’s residence on the same river, about three or four miles above the mouth of Long’s Creek; the town of Buckhorn on the Middle Fork River, about two miles above Abe Johnson’s home; the home of John E. Deaton, at the mouth of Caney on the North Fork of the Kentucky River; James Deaton’s home on Caney Creek, about two miles above its mouth, and the town of Jackson, the county seat of Breathitt County, located further down the North Fork, are the principal places referred to.
Fletch Deaton resided in Jackson; Callahan conducted a general store next to his residence on Long’s Creek, twenty miles from Jackson.
Two years and one day before the killing of Callahan he had been shot and dangerously wounded by unknown persons concealed on the hillside directly across the creek from the store.
The palisade built after that extended from his residence to the rear of his store so that he could pass from one to the other without being seen from the mountain across the creek.
The murder occurred on Saturday, May 4th, 1912, about the middle of the forenoon. On the Sunday before he went from his home in a gasoline boat in company with Clifton Gross, his son-in-law, to Athol, a railroad station on the Middle Fork of the Kentucky River, and thence on the following Monday he went to Jackson, which was the home of Fletch Deaton and of his codefendants, Red Tom Davidson and Govan Smith. Callahan was seen on the streets of Jackson on that day by several people. He left Jackson on the train at 2.20 P. M. for Louisville to buy a spring stock of goods for his store. His presence in Jackson, as well as his departure for Louisville and the purposes of his visit, were well known in Jackson. Several of the defendants who lived on the Middle Fork, had gone down the stream on timber rafts and on their return by way of Jackson saw Callahan at the railroad station at Beattyville Junction on his way to Louisville. It was Callahan’s habit to ship his goods to Elkatawa, on the Lexington & Eastern Railroad, where he would place them on freight boats and take them up the river to the mouth of Long’s Creek, thence on wagons to his home. He usually accompanied the goods in person.
Several years ago Fletch Deaton’s brother, James Deaton, was killed at the mouth of Long’s Creek in a fight, and Ed. Callahan and several other persons were jointly indicted for that killing, but with his usual luck escaped punishment for he was acquitted. Fletch Deaton aided in the prosecution of Callahan, and bad blood had existed between them since that time.
Furthermore, shortly before the killing of Callahan in May, 1912, John Davidson, a nephew of Fletch Deaton, and a brother of “Red Tom” Davidson, and Levi Johnson were killed at Buckhorn, in Perry County. Four men were jointly indicted for these murders. Fletch Deaton and several of the others indicted with him for murdering Callahan assisted and took an active part in the prosecution of the men charged with the murder of Davidson and Johnson. Callahan was accused by them of complicity in those murders and of aiding the defendants to escape punishment. Fletch Deaton had been heard to say on various occasions that it would be impossible to secure the conviction of the slayers of Davidson and Johnson so long as Callahan was alive, and that he must be killed before those cases came up for trial.
Again it developed in the proof that Jase Deaton, Fletch Deaton’s nephew, and Red Tom Davidson, also accused of killing Callahan, were tried in the Bourbon Circuit Court on the charge of killing John Abner in the town of Jackson several years before, and that Callahan had been active in the prosecution against them, employing counsel and supplying money.
It further appears that Jase Deaton referred to above had been killed at the home of Anse White, some while before the killing of Callahan, by Anse White. White was tried for this killing in the Montgomery Circuit Court and also acquitted. This acquittal had been attributed to the activity in behalf of White on the part of Ed. Callahan.