Charles Gustavus Mutzenberg

“ Of course, killing an enemy from ambush puts the slayers out of danger. That is one consideration, but the chiefest one is that it is almost impossible to fasten the guilt of the crime upon the proper person. When men are banded together for the purpose of committing crime, the sanctity of an oath is easily laid aside when an alibi becomes necessary. The entire population of the county may know the assassins, point them out to you as they stalk proudly along, yet, when it comes to trials by jury, the evidence seems to signally fail to connect them. ”

“ The moment loyalty weakens, a wedge of social and political corruption enters; once that wedge is driven deeper government must totter and fall, and anarchy steps in its place.
During the Civil War hundreds of thousands of Americans gave up their lives “that the nation might live.” The nation is an aggregation of States, the State a union of communities, and communities are formed by families.
To preserve a nation healthy that it may live, the States must also be so. But a State cannot be so if portions of it are diseased with social and political corruption. ”

“ We join in this appeal, and shall add that had true Americanism prevailed in the feud-cursed sections of Kentucky, this bloody history could never have been written—there would have been a total absence of material for one.
What is true Americanism? It is not place of birth. It is nothing more, but nothing less, than undivided loyalty to country.
What is loyalty? When is a citizen loyal to his country? Waving his country’s flag and cheering it on a Fourth of July is but an outward demonstration of loyalty. A citizen is never loyal until he becomes and is faithful to the law ”

“ If a community persists in its refusal to avail itself of the right of self-government, that right should be abrogated until such time as it shall be able to guarantee not only willingness, but capability for self-government. Where anarchy exists, government has fled. Where a people supinely lay upon their backs and permit anarchy, are they longer entitled to the citizenship of a great state and of a greater nation? ”

“ Courts had refused to do their duty; officers championed openly the cause of the murderers; peaceable citizens had been driven from their homes—anarchy reigned supreme. These thoughts filled his brain. Before his mind’s eye appeared the mangled remains of his cousins. He feared for his wife and children at Morehead. His home might at this moment be reduced to ashes and its inmates burned or shot. The young man’s eyes gleamed with a dangerous fire. ”

“ So the citizen who refuses to obey the law himself in the first place, and makes no efforts to assist others in its enforcement, is not loyal to his country. When he has ceased to be loyal he becomes disloyal, and disloyalty is treason.
The true American, therefore, is loyal and has the courage to prove that loyalty whenever occasion arises.
One need not put on a uniform and fight battles [Pg 330] against a foreign enemy to prove his patriotism. The patriot—the truly loyal citizen serves his country well by exercising that loyalty at home. ”

“ From my knowledge of the enlightened and upright Judge of the court in which they stand charged, I feel assured that they would be awarded a speedy and fair trial; but if they think otherwise, and have fears, either as to the impartiality of the Judge, or as to the prejudice of the community in whose midst they are to be tried, they can, under our laws, not only swear off the Judge, but can, on proper showing, easily obtain a change of venue to another county in which no prejudice whatever exists. ”

“ Every man upon the voting ground appeared dazed, dumbfounded, paralyzed with astonishment and fear. The tragedy had started and finished so suddenly and unexpectedly that it was impossible to realize in a moment the magnitude of the crime. Even after the men regained their power of speech and action, pursuit was not thought of. No one dared attempt the arrest of the fugitives, knowing that it would result in more bloodshed, and there had been enough for one day. ”

“ The people of Breathitt County, by their long years of inaction and submission to terrorization by a few, have shown that they do not or did not consider themselves longer the most potent factor [Pg 264] in the conservation of order in society. Public sentiment had lost its health. The people of Breathitt County owe it to their manhood, their county, their state, to the nation, to redeem themselves. For the horrors of strife there have been published broadcast to the world. “Breathitt” has become synonymous with blood, murder, anarchy, the world over. ”

“ Craig Tolliver was immediately placed upon a horse and sent to Morehead for repairs. The others, not daring to force the stairway, went outside and contented themselves with firing through the doors and windows. The fusilade continued incessantly for a long time. Black smoke hung like a cloud over the premises. If the Tollivers hoped to force the surrender of Humphrey and his companion by mere intimidation, they soon saw their mistake. These two men were brave to the core. Besides, they preferred to die fighting rather to being mercilessly butchered as helpless prisoners. ”

“ If he is a credit to that uniform he may, single-handed, disperse a mob. The consciousness of having the law behind him makes him dauntless; the thought of duty steels his nerves. If those entrusted with the execution of the law in Perry County had made one firm, unflinching effort to uphold its dignity, the period of assassinations would have ended then and there. The history of lawlessness in Perry County furnishes ample lessons to other counties, and to other states, for that matter. ”

“ In the long continued struggle which brought Rowan County into disrepute, many families of high reputation, men of wealth and influence, as well as men of reckless, undaunted, desperate [Pg 113] character, were pitted against each other. Officers of the law, lawyers, judges and politicians of more than ordinary ability and reputation, quarreled, disputed and excited such unreasoning passion as to result in bloodshed. After that the dogged, stubborn determination of the different factions admitted of no other settlement of the controversy save by the arbitrament of arms, a war to the death. ”

“ Old man Randolph McCoy, at the time of the murder of his three sons, was sixty-three years old. He was by no means a strong man. His features wore a kindly expression. He was quiet in his talk, and one of the most hospitable citizens of Pike County. That he was brave, when necessity demanded it he had demonstrated on many occasions. But he was not, and never had been a bully, nor was he bloodthirsty. He made all possible efforts to effect the capture of his sons’ assassins and sought to punish them through the law. His efforts in this direction exasperated the Hatfields still more. ”

“ Dear Sir:—From a full investigation and inquiry into the condition of the affairs in Breathitt County, I am fully satisfied that the civil authorities cannot hold a circuit court in that county and enforce the law without the aid of the State Guard. That the people are divided to such an extent that a sheriff’s posse will not be sufficient. Several murders have been committed in the county since the last term, and the offenders are not yet indicted, and cannot be, unless the witnesses can be protected. ”

“ Spoken lies are soon forgotten. They “rile” the blood—but that passes. Spoken lies are tangible, as it were, and may be met. Silence and innuendo are like enemies in invisible ambush. One cannot attack an invisible foe. ”

“ The remedies suggested here for lawlessness and contempt for the law, may be applied with equal benefit where mob spirit is rampant. The mobist, to coin a phrase, that starts out to do murder upon a defenceless prisoner, is on a par with the bushwhacker—even inferior to him in courage. For mobs are courageous only through mass numbers; or when under strong and aggressive leadership. Mobs have been known to slink away ignominiously when confronted by one or two loyal citizens. ”

“ A circuit judge of Kentucky once remarked, very appropriately, that a hog seemed of more value in his district than a human life. There was truth in this bit of sarcasm. More men have been acquitted of murder in Kentucky than of hogstealing. It seems ridiculous that a few of the unseemly brutes should have become the innocent promoters of a feud, but it is true. ”

“ A healthy public sentiment, and not the presence of an armed force, is the best support of government; and the powers conferred upon a circuit judge, both as a judge, and as a conservator of the public peace, are so unlimited that a firm and judicious discharge of his duties will almost invariably mould public sentiment in support of his judicial actions.
Under all the circumstances, I do not believe that the presence of troops in Breathitt County is necessary to maintain the laws. ”

“ This does not apply to Breathitt County or Kentucky alone.
Some of the most noted feudists never fired a gun themselves, but in their daily intercourse kept themselves unspotted before the world, and used willing, paid tools to accomplish their bloody ends. Such men always indignantly deny any imputation of wrong-doing. They have been known to condemn in the loudest and the most emphatic terms outrages against the peace and dignity of the State, the result of their own planning. ”

“ The criminal who has succeeded in defeating justice grows more bold, continues to pursue his career with an enhanced contempt of the law, until, at last, the cup runs over, and men, good and true, rise above self, and for country’s and humanity’s sake take upon themselves the task of restoring peace and order, and summarily cut short the life cycle of the outlaw. ”

“ The bird on the snowy alpine slope starts an insignificant slide. It increases as it rolls downward and becomes an avalanche; thundering into the valley below, carrying everything before it and leaving a path of desolation, destruction and death behind it.
So a trivial difference over a business transaction opened graves for many brave and generous men, desolated happy homes, and for a long time heaped shame upon the name of Perry County and the State at large.
French and Eversole disagreed and quarreled. ”

“ Even the most hopeful became convinced that a long and bloody conflict could no longer be averted. Those best acquainted with the state of affairs knew, and rightly predicted, that the law would not be invoked to settle the trouble and punish the offenders. “A life for a life” was the motto that henceforth governed the factions, now arrayed against each other in open, desperate warfare. ”

“ The power of the county had not been exhausted in bringing about, or attempting, the apprehension of the criminals. He had already responded with troops to protect the court only to find that the authorities showed the white feather; that compromises with criminals had been entered into; that juries and officers were corrupt, and when trials had occurred [Pg 171] had proved a farce. No doubt in his heart he wished for Logan’s success. The man had made futile attempts to live peaceably. Now he intended to act in self-defense. The government cannot help him—he must therefore help himself. ”

“ Yes, citizens of a common country fought a struggle to the bitter death without hindrance, if not with the actual [Pg 30] connivance of those entrusted with the enforcement of law and the maintenance of order, who looked idly upon bloodshed. The flag of anarchy, once unfurled, fluttered unmolested for years. Had the feud broken out suddenly and been quickly suppressed, we should abstain from strictures upon high officials entrusted with the administration and execution of the law. ”

“ There was a momentary silence in the crowded court room. Every man looked at his neighbor, questioningly and uncertain. Then with one impulse judge, lawyers, jurors, officers and bystanders sprang to their feet, rushed for exits and into the street. ”

“ Mountains might have been moved by his pleadings, but not the heart of the cowardly assassin. “Dead men tell no tales,” he exclaimed, with a smile of derision upon his lips. Slowly he raised the Winchester rifle, placed the muzzle against the boy’s head and fired, dropping the eyeballs from their sockets.
The murderer then calmly rifled the pockets [Pg 207] of Eversole of their contents and retreated, thus adding the crime of robbery to that of murder.
Judge Combs, brought to himself, spurred his horse to utmost exertion and dashed like a maniac into Hyden to bring the news. ”