Isom Sellers’ statement shows that on August 16, four days before the Stegall fire, the three Harpe women stopped at John Leiper’s house and inquired the way to Moses Stegall’s and that Sellers “being indebted to Susannah Harpe one dollar gave her an order upon Moses Stegall for the said sum which this deponent saith that Moses Stegall has informed him he has paid agreeable to the aforesaid order.” There is nothing to indicate the specific purpose of this statement; however, it is further evidence that Stegall was acquainted with the Harpes and he may have served as a spy or messenger for them.
Nevil Lindsey’s deposition gives a detail not mentioned in any printed sketch or oral tradition: “Three case-knives were stuck into the body of Mrs. Stegal, one of them was buried in so deep that the fire which consumed the house would not burn the handle.”
John Leiper asserts that when they “had rode about forty-five miles they came up with Sally Harpe standing on the ground and ... to show them the way they had gone went with them for that purpose, that after riding about a mile and a half they came up with Susanna Harpe, Betsey Roberts, and Micajah Harpe, they rode by the two women and followed Micajah Harpe for about four miles, when this deponent overtook and killed him.”
Christian’s deposition states that Big Harpe, before he died, “asked for water and that John Leiper went to Pond River and brought him some in a shoe.” The depositions of both Leiper and Christian end in practically the same words: “That the said Micajah Harpe a little while before he expired told this deponent that Susannah was his wife and that he wished she could come up and wished her to do better in the future and that the whole of them would do better in the future, escrowed as he was, and that he would acquaint her with one thing that was hid.”
Two days after their examining or preliminary trial, the three women and two infants were sent, by order of Judge Samuel Hopkins, to Russellville, Logan County, there to appear before the judges of the District Court, which court at that time embraced Henderson County. There is no history or tradition as to how the three women were conducted to “Logan Courthouse.” They probably were taken on horseback. The minutes of the next term of the court of Quarter Sessions held in Henderson contain a few items that throw some light on the expense of holding and then transferring the prisoners, the total being $281.78.
These entries indicate that the prisoners were accompanied by the sheriff and five guards and that the county attorney and county clerk took part in the second trial. The prisoners and their guard left Henderson September 6, and after traveling the ninety-five miles, the women were turned over to the sheriff to await their trial, September 28.[14]
Major William Stewart was sheriff of Logan County at the time. He more than once had chased the Harpes for many a mile, only to discover that he was going in the wrong direction and to become irritated by his failure. He was, notwithstanding his eccentricities, a just man and one on whom a person in need might depend, and the three women, realizing this, must have felt encouraged, not only by the prospect of receiving justice, but also of having mercy shown them. Draper, in his notes on information supplied by George Herndon, a Revolutionary soldier, who long lived in Logan County, writes: “The women were, of course, in his charge, and lodged in the old log jail, becoming dirty and lousy, Major Stewart, feeling for their miserable situation, agreed to let them enjoy the liberty, provided they promised not to attempt to escape and thus make him liable, for he did the act on his individual responsibility. They were rejoiced at the offer and he went around the little town and collected some necessary articles of clothing for them, had them and their children cleaned up, placed them in the courthouse and got a couple of spinning wheels and set them to spinning.” [[12F]]
Smith says the murders committed by the Harpes in this section of Kentucky were too fresh in the minds of the people living in and near Russellville and the suspicion that the women had been accomplices in their crimes was too strong to fail to arouse a hatred for the three women. When threats were made to tear down the log jail and lynch the prisoners, the sheriff secretly conveyed them into the country, where they remained until brought back for trial.
This statement probably is not true. It may have originated from the fact that Stegall and some of his friends rode to Russellville for the purpose of killing the women should they be acquitted. Discovering Stegall’s motive, Stewart put the Harpe women back in jail, pretending “it would never do to turn such characters loose upon society,” but the next night he hid them in a cave about five miles from town and thus shielded them from the revenge-seeking Stegall who, a few days later, returned home. [[28]]
An examination of the minute book of the old District Court preserved in Russellville, shows that on Monday, October 28, 1799, a grand jury having been empaneled, “made the following presentment: Commonwealth against Susanna Harpe, Sally Harpe, and Betsey Roberts, a true bill.” A District Court was presided over by a judge and two associate judges, and Judges Samuel McDowell and John Allen being absent, the women, rather than delay the trial, agreed to be tried before the one who was present, namely, Judge James G. Hunter. Judge Felix Grundy appeared in behalf of the women, and no one, except the prosecuting officer, against them. Each prisoner was tried by a different jury, the three trials taking place on October 29th and 30th. “Susanna Harpe, late of the County of Henderson and parish of Kentucky, spinster, who stands indicted of felony was led to the bar in the custody of the public jailor and pleads not guilty to the Indictment, and for her trial hath put herself upon God and her Country and the Attorney General in behalf of the Commonwealth, likewise whereupon came a jury, to-wit: [twelve men are named] who being tried ... and having heard the evidence, upon their oaths do say that the Susanna Harpe is not guilty of the murder aforesaid.”