“Though composed of only a small portion of the community, these factions have succeeded by their violence in overawing and silencing the voice of the peaceful element, and in intimidating the officers of the law. Having their origin partly in party rancor, they have ceased to have any political significance, and have become contests of personal ambition and revenge; each party seeking apparently to possess itself of the machinery of justice in order that it may, under the forms of law, seek the gratification of personal animosities.
“During the present year the local leader of one of these factions came in possession of the office of police judge of the town of Morehead. Under color of the authority of that office, and sustained by an armed band of adherents, he exercised despotic sway over the town and its vicinage. He banished citizens who were obnoxious to him; and, in one instance, after arresting two citizens who seem to have been guilty of no offense, he and his party, attended by a deputy sheriff of the county, murdered them in cold blood.
“This act of atrocity fully aroused the community. A posse acting under the authority of a warrant from the county judge attacked the police judge and his adherents on the 22d of June last, killed several of their number, and put the rest to flight, and temporarily restored something like tranquility to the community.
“The proceedings of the Circuit Court, which was held in August, were not calculated to inspire the citizens with confidence in securing justice. The report of the Adjutant General on this subject shows, from information derived ‘from representative men without reference to party affiliations,’ that the judge of the Circuit Court seems so far under the influence of the reputed leader of one of the factions as to permit such an organization of the grand juries as will effectually prevent the indictment of members of that faction for the most flagrant crimes.”
The posse here mentioned was organized by Daniel Boone Logan, a cousin of the two young men who had been murdered, a college graduate, and a lawyer of good standing. With the assent of the Governor, he gathered fifty to seventy-five picked men and armed them with the best modern rifles and revolvers. Some of the men were of his own clan; others he hired. His plan was to end the war by exterminating the Tolivers.
Photo by U. S. Forest Service
“Dense forest luxuriant undergrowth.”—Mixed hardwoods, Jackson Co., N. C.
The posse, led by Logan and the sheriff, suddenly surrounded the town of Morehead. Everybody gave in except Craig Toliver, Jay Toliver, Bud Toliver, and Hiram Cook, who barricaded themselves in the railroad station, where all of them were shot dead by the posse.
Boone Logan was indicted for murder. At the trial he admitted the killings; but he showed that the feud had cost the lives of not less than twenty-three men, that not one person had been legally punished for these murders, and that he had acted for the good of the public in ending this infamous struggle. The court accepted this view of the case, the community sustained it, and the “war” was closed.