The proof on the trial of Fletch Deaton and of Andrew Johnson showed that Callahan came to his death at the hands of three men, who had concealed themselves on the mountainside across the creek from Callahan’s store. One of the witnesses for the prosecution testified that he recognized Dock Smith and Andrew Johnson as two of the assassins, that he saw a third, but failed to recognize him. Dock Smith himself testified that the third man was James Deaton of Caney Creek, a son of Fletch Deaton.
All the trials of the men accused of the murder of Callahan were held at Winchester, Clark County. In each of the cases, with the exception of the one against Red Tom Davidson, the defense relied upon alibis, claiming that they were in Jackson on the day of the killing.
Dock Smith and Govan at the critical moment, realizing their situation, made a full and voluntary confession of all they knew regarding the murder of Callahan.
As heretofore stated, Callahan was shot on Saturday forenoon. On the preceding Wednesday, about two o’clock P. M., Dock Smith met Andrew Johnson on the Middle Fork just below the mouth of Gay’s Creek. Johnson there told Dock Smith that James Deaton wanted Dock and Andrew Johnson to help kill Callahan, and for Dock to go to Deaton’s house that night. Smith says that Johnson asked him if he had a gun, and he told Johnson that his gun was at his father’s; that Johnson then told him he would go back home to Granville Johnson’s, and would meet Smith there that night; that Smith went to his father’s, got his gun, ate his supper, and then went to the mouth of Orville’s branch and there met Andrew Johnson, Willie Johnson, Tom Deaton and Billie Johnson. From that point Smith and Andrew Johnson proceeded to the house of James Deaton on Caney Creek, which they reached late in the night, finding James and Dan Deaton there. That night the four discussed the proposed killing of Callahan. James Deaton told his confederates that on the next morning he would go to his father’s at Jackson, and learn from him, Fletch Deaton, what definite plans had been made about the killing of Callahan, and would get “Red Tom” Davidson’s Savage rifle. The next morning, Thursday, James Deaton and Dan Deaton left James Deaton’s house and went down Caney Creek towards John E. Deaton’s, Dock Smith and Andrew Johnson remaining at James Deaton’s.
Late on Thursday evening James Deaton came home from Jackson riding “Red Tom” Davidson’s mule, and brought along a gun which he said belonged to Red Tom. After supper Smith, Johnson and James Deaton left the latter’s residence, Dock Smith riding and carrying the gun, Johnson and Deaton on foot. They proceeded to the home of John E. Deaton, where they met Bob Deaton, another of the accused. Here Bob joined them in the expedition. The four then went to Abe Johnson’s, on the Middle Fork, about three miles above the mouth of Long’s Creek, arriving there after midnight on Friday morning.
Friday was spent around Abe Johnson’s. At noon they sent for Dan Deaton, whom they had left at the home of James Deaton on the morning of Thursday. Dan responded, and all of them again discussed plans for the murder of Callahan. James Deaton told Abe Johnson and Billy Johnson that his father, Fletch Deaton, wanted them to come to Jackson on the train Saturday morning, so they could be there as witnesses to prove the alibi, and that Willie Johnson was to come with them. It was arranged that Dock Smith, Andrew Johnson, Bob Deaton and Dan Deaton were to go down to the Grand Sire Rock on the Middle Fork, below the mouth of Long’s Creek, to watch for Callahan and Anse White, who were expected to come up on Callahan’s boats on that day. This arrangement was carried out.
Before starting, however, they procured two quarts of whiskey, and drank about half of it before they left Abe Johnson’s, about two o’clock on Saturday morning. Abe Johnson, Billie Johnson and Willie Johnson went to Jackson; and the other five men, Dock Smith, Andrew Johnson, James Deaton, Dan Deaton and Bob Deaton, went toward Long’s Creek. All had guns. Before leaving Abe Johnson’s they procured a bucket of provisions, and went by the home of Granville Johnson, where they procured another bucket of provisions. There they boarded Granville Johnson’s boat and started down the river, but the boat began to leak, and being too small to carry them all, they procured another boat. At the mouth of Long’s Creek the boats were abandoned. From there they went to the home of Willie Deaton, son of James Deaton, to inquire whether Callahan had returned home, and were told that Callahan had left the boats and gone home the evening before. After borrowing a gun from Willie Deaton, Dan and Bob Deaton went to the Grand Sire Rock for the purpose of watching for Callahan’s boats and to kill Anse White, who had remained in charge of them.
In the meantime Dock Smith, Andrew Johnson and James Deaton went to the hillside across the creek from Callahan’s store, arriving there shortly before daylight on Saturday morning. They placed themselves at a point where they could see the front of Callahan’s store. Two of them prepared forks about 18 inches long, which they drove in the ground to use as rests in shooting, one of them piling up some rocks upon which to rest his weapon. They watched for Callahan until between nine and ten o’clock, without catching sight of him.
The front of Callahan’s store contained a glass window, and they could see the outline or form of a man passing behind the window on the inside of the store. Concluding that the shadow thus cast must be that of Callahan, they fired six shots through the window, three of them taking effect and mortally wounding him. Then the assassins became panic-stricken and left the places of concealment hurriedly, going through the backwoods to the home of Abe Johnson, where they got their dinner.
After dinner “Trigger Eye” Deaton carried them across the Middle Fork River, and from there to John E. Deaton’s home, where they arrived shortly after dark. By devious routes the three assassins reached Jackson and the home of Fletch Deaton shortly before daylight Sunday morning. There they found a number of the men present who were to serve as witnesses to establish an alibi for the slayers.