When the train bearing John Martin’s bullet-torn body reached Morehead he was carried, still breathing, into the old Central Hotel where he died that night. In the meantime his distracted wife had sent for their children and her mother who was staying with the family on the farm on Christy Creek. An old darky who had long lived at the county seat mounted his half-blind mule and rode out along the lonely creek that cold winter night to carry the sad tidings to the Martin household. He also rode ahead of them on the journey back with the corpse of John Martin later that same night.
“Hesh!” Granny Trumbo warned the children huddled in the bed of the wagon as it rumbled along the creek bed road, “Hesh! no telling who’s hid in the bresh to kill us.” The children sobbed fearfully. Ben, the older of the two small boys, sat dry-eyed. His small hands sought those of his father cold in death and still in irons. “Pa, they didn’t give you no chance,” he murmured bitterly. “You were helpless as a trapped deer. They didn’t give you no chance.”
It wasn’t a cry of revenge but of heartbreak, one that the mother and the other children would remember always. And Granny Trumbo, sitting bravely erect on the board seat of the wagon beside her widowed daughter, gripped the reins and urged the weary team onward along the frozen road, keeping close behind the silent horseman ahead.
In March of the following year another of the Martin side, Stewart Bumgartner, a deputy sheriff of Cook Humphrey, was shot from ambush as he rode along the road some six miles from Morehead.
A month later Taylor Young, county attorney of Rowan, was shot in the shoulder as he rode along another lonely road in the county. Though Young heartily disclaimed any connection with either side, he was accused by the Martins of being a well-wisher of the Tollivers. Again, as in the Bumgartner case, no arrests were made. However, when Ed Pierce was convicted some time later of highway robbery and jailed in Montgomery County, he confessed to waylaying Taylor Young but put the blame of the actual shooting on Ben Rayburn. Pierce said it was plotted by Sheriff Humphrey who assured him and Rayburn of all the whiskey they could drink and two dollars a day while they were watching for Young; when they had killed him they were to receive two hundred and fifty dollars.
After that, one Sunday morning, Craig Tolliver, who was town marshal of Morehead, accompanied by a half dozen men, went to the home of old Ben Martin, father of John. Craig told Mrs. Martin that he had warrants for the arrest of Cook Humphrey and Ben Rayburn. At first she said the two were not there, that only her daughters, Sue, Annie, little Rena, and a married daughter, Mrs. Richmond Tussey, were in the house. It was a fact; her husband and her two sons, Will and Dave, whose lives had been threatened, had gone to Kansas.
The Tollivers, however, were not to be deceived. They had seen Cook Humphrey, carrying his gun, enter the Martin house the evening before. The house, a two-story frame with the old part of logs stood at the foot of a hill about thirty feet from the road. Tolliver’s band, including Mark Keeton, Jeff Bowling, Tom Allen Day, John and Boone Day, Mitch and Jim Oxley, and Bob Messer, were well armed. They demanded that Humphrey and Rayburn surrender, saying they had warrants for their arrest for the attempted assassination of Taylor Young. The two men asked to see the warrants and when the documents of arrest were not forthcoming they flatly refused to surrender. Then Craig Tolliver stationed his crew in the bushes all around the Martin house. Watching his chance he finally slipped inside and up the narrow stairway. Humphrey spied him, rushed forward and striking his gun discharged it in Craig’s face. Craig fell backward. Wiping the blood from forehead and cheeks he hurried out into the yard.
Sue Martin dashed past him headed toward town for help. But no sooner did she reach the county seat than she was arrested and put in jail. Craig and his crew were still surrounding the Martin house, and finally one of them called out that if Rayburn and Humphrey did not surrender they would burn the place down. It was known that Tom Allen Day was one of the best marksmen in the county, so Mrs. Martin, in an effort to help Rayburn and Humphrey escape, ran toward the barn where Day was ambushed. He had his gun uplifted and leveled at the fleeing men. Mrs. Martin struck the gun upward and the shots went wild. But the rest of the Tolliver crew poured lead toward the two men. Rayburn was slain but Humphrey escaped. Knowing he still held on to his Winchester the Tollivers feared to go into the brush after him.
The body of Rayburn lay all night where it fell. Friends feared to approach it. The next day, however, they piled fence rails about the corpse to keep hogs from destroying it.
At dusk that day the Tolliver crew set fire to the Martin house and burned it to the ground. The women escaped, seeking shelter under a tree. Mrs. Martin’s married daughter, Mrs. Tussey, was carried out with her young babe. Another of the Martin girls went to Morehead to see Sue, and she too was arrested and put in jail.