The trouble went back more than a quarter of a century when Curtis Jett—his friends called him Curt—and others assassinated James B. Marcum and James Cockrell. Curt was a nephew of county Judge James Hargis, who was said by some to be the master mind behind the murders.
The state militia was called out to preserve order during the trial.
Things had been turbulent in Breathitt before. Back in 1878 Judge William Randall fled the bench after the slaying of county Judge John Burnett and his wife. However, the commencement of the Hargis-Cockrell feud in 1899 was over a contested election of county officers. The Fusionists or Republicans declared their men the winners, while the Democrats were equally certain of triumph. James Hargis was the Democrats’ candidate for county judge, Ed Callahan for sheriff.
The leading law firm in all of eastern Kentucky at the time was that of James B. Marcum and O. H. Pollard, but when the election contest arose, the men dissolved partnership. Marcum represented the Republican contestants, his former partner looked to the affairs of the Democrats. Until this time Marcum had been a close personal friend as well as legal adviser to James Hargis.
Depositions for the contestants were being taken in Marcum’s office when the two lawyers almost came to blows over Pollard’s cross-examination of a witness, with Hargis and Callahan sitting close by. Harsh words were uttered and pistols drawn, and Hargis, Callahan, and Pollard were ordered from Marcum’s office. When warrants were issued for them and Marcum also by police Judge T. P. Cardwell, Marcum appeared in court and paid a fine of twenty dollars. But Jim Hargis refused to be tried by Cardwell—the two men had been bad friends for some time. Then, instead of attempting alone the arrest of Hargis, the town marshal of Jackson, Tom Cockrell, called on his brother Jim to lend a hand.
It is said that when Tom went to arrest Hargis the latter refused to surrender, drawing his gun. But Tom covered Jim Hargis first. Whereupon Hargis’s friend, Ed Callahan, who was close, covered Tom Cockrell and in the bat of an eye Jim Cockrell, his brother, covered Callahan. Seeing that the Cockrells had the best of them, both Jim Hargis and Ed Callahan surrendered. That incident passed without bloodshed and Marcum himself sent word to police Judge Cardwell that he didn’t want to prosecute Hargis and asked that the case be dismissed, as it was.
That same year there was a school election.
“Marcum flew in a rage,” said Hargis, “when I accused him of trying to vote a minor and he pulled his pistol on me but did not shoot.”
Though that difference was also patched up, the families began taking sides in the many quarrels that followed. Accusations were made first by one side, then the other. Marcum accused Callahan of killing his uncle, and Callahan in turn charged that his father had been slain by Marcum’s uncle.
In July, 1902, the flames of the feud were fanned to white heat.