Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1888-04-22
THE BRIEF
In THE FAMOUS HATFIELD CASE
Presented BY Mr.. Gibson in Behalf Of West
Virginia.
A BRIEF HISTORY OF fHE OUYRAGES
West Virginia's Soil Invaded and Her Citi-
zsnS Kidnapped.

"AoAANE1ON, ApNh Shs- No AOlioW
Ing is the brief, in what is known as the
Hstheld-MeCoy case, placed on the docket
Of the United States Supreme Court as
Plyant Mahon vs.. Abnsr Justice, etc.
Mr.. Gibson says the brief was not so fully
written as il would have been had ne had
more time in which 10 prepare it. The
court having unexpectedly advanced the
case five days, left him only some two
hours in which to prepare and get his
brief before the printer. A copy has been
furnished to each one of the Justices and
10 Gov. Knott, of Kentucky, who will re-
ply and furnish his brief to Mr.. Gibson, it
Is presumed, before the case is argued on
Monday.
HISTORY OF THE oUTRAGEs.
The brief for the appellant says: Some
time in the year 1872, in the county Of
Pike, State of Kentucky. Ellison Hatfield,
3 citizen of Lagan county,, West Virginia,
was assaulted and murdered by three Nc
Coys, citizens of Kentucky. Tive of these
McCoys were theEeupon arrested by mob,
believed to be citizens OF. the said county
Of Logan, and shot to death. For this
citizens Of the said county Of
Logan were afterwards indicted in due
form Of law in the proper court, in the
said county of Pike and State of Kentucky,
in that same year, and bench warrants
were properly issued for their arrest.
Although these twenty-eight men were
openly living within the State OF West
Virginia and within twenty miles of the
county seat of the said county Of Pike ever
since that time, no requisitiOn was ever
made by the Governor OF Kentucky upon
the Governor of West Virginia until in
1887; and, although they were
during all this time in the
county of Pike and at it5 Court House, no
attempt was ever made to arrest any of
these men, especially the appellant, Ply
ant Mahon, and the eight others now in
carcerated in the Jail Of the said county of
Pike.
About November, 1887, sDme parties in
the said county Of Pike, supposed to be
Perry A. Kline, q Deputy Sheriff aud
jEiler of said county; Lee Ferguson, the
county attorney, and Ffsk Phillips, anoth-
er Deputy Sheriff of said county, induced
the Governor of Kentucky to offer large re-
wards for the eauture of these men and re-
q uuisitions upon the Governor OF the State OF
West Virginia for their rendition a. fugitives
from the Justice of the State of Kentucky.
10 this rtquisition the aforementioned
Frank Phillips was appointed the agent OF
the State of Kentucky by the Governor
thereof, in due form of law, and he there
upon duly notified the Governor of West
Virginia Of such action, and formally de-
livered sueh requisition and demanded the
rendition of such prisoners. After some
preliminary correspondence between the
Governors of the two States, looking to a
fuller compliance with the forms OF law in
sueh cases, the said Frank Phillips was
duly notified that the Governor OF West
Virginia had directed warrants TO issue for
the srrest and delivery of these men TO him
"a agent for the State of Kentucky, and
that lhe same would be done upon the
payment of $54, the fees provided for by
law. Thus he declined to do, but agreed
10 nav SIS, the costs for the warrants for
four men whom he named, stating that he
did not want the others.
Neither the appellant, Plyant Malone,
or either the other men now in Jail as
aforesaid was one of those four. They are
men he expressly said
HE DID NOT WANT.
In the meantime it came to the knowl-
edge OF the Governor Of West Virginia,
through afidayits of most reputable men,
that the said requisition was being used as
a means for extorting money from parties
therein named, and that the said Perry Z.
Kline, certainly, and the said Phillips and
Ferguson, presumably, were engaged
therein. or this Governor Wilson, OF
West Virginia, notified Governor Buckner,
OF Kentucky; requested him to inquire in
10 the matter, and informed him that he
would hold up the warrants in the mean
time. He also caused the said Frank
Phillips to be notified and the SIS to be
forwarded to him.
As soon ss the said Frank Phillips re-
ceiyed this notice he openly, and in the
full view and knowledge Of all the authori-
ties of the said county Of Pike, proceeded
To raise and enlist force of about thirty
men. citizens OF the state Of Kentucky,
mounted them on horses, armed them
with Winchester rifles and revolyers,
openly marched them into the county OF
Logan and State Of West Virginia, and for
more than one month continued, with
forces of different numbers, to raid and
arrest the citizens of West Virginia re-
siding in the counties of Logan and Nc
Dowell until he had succeeded in arrest
inc your appellant, Plyant Mahon, and
the eight Others before mentioned.
PHILLIPS RAIDS.
Duriug this time this Frank Phillips,
the depnty sheriff of the said county Of
Pike and the agent of the State Of Ken
tucky, made five distinct and open raids
into the State Of West Virginia, on one OF
which he attacked q posse OF seven men
who hsd been summoned by q Constable
Of the County Of Logan, routed them,
shot down one, and then coolly walked up
10 the wounded man, placed his rifle to his
head. and burst his skull into fragments.
Oo another raid he wounded and muir
dered another citizen OF West Virginia in
the same manner, showing aside his gray
headed wife 10 do it. ] call the attention
of the Court to these matters, because,
when Governor Wilson called Governor
Buckner's attention TO them, he, Governor
Buckner, still endorsed and stood by his
agent, Phillips.
On the 5th day of April, 1888, Governor
Wilson of the State OF West Virginia, in
his official capacity and in behalf Of the
State of West Virginia, made formal ap-
plicatiou before the District Court Of the
United States for the District of Kentucy
for a writ of kdbeds eOrpas for the appellant,
Plyant Mahon, and the eight other citizens
Of West Virginia 50 held As aforesaid.
TIE COURTS pEcREE.
Upon the hearing Of the case the Dis
tries Court refused to release your appel
lent, PIyant Mahon, or the other prisoners,
but remsnded them back to the possession