Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-04-23
THE BRIEF
IN YHR FAMOUS HATFIELD CASE
Presented by Mr.. Gibson in Behalf Of West
Virginia.
Soon, 1,,<oram % l.e s.u.day Rsgiaer.


Hatfield Mccoy case, placed on the docket
of the United States Supreme Court, ~
Plyant Mahon Va. Abner Justice, etc
Mr.. Gibson says the brief was not 80 fully
written as it would have been had he had
more time in which to prepare 1t. The
court having Unexpectedly advanced thu
case five days LETT him only some two
hours in which to prepare and get hi;
brief before the printer. A copy has beer
furnished to each one Of the Justices and
to Gov. Knott, Of Kentucky, who will re-
ply and furnish his brief to Mr.. Gibson, II
is presumed, before the case is argued on
Monday.
HISTORY OF TIE oUTRAGKs.
The brief for the appellant says: Some
time in the year 1872, in the county Of
Pike, State of Kentucky, Ellison Hatfield,
q citizen of Lagan county, West Virginia,
was assaulted and murdered by three Nc
Coys, citizsns of Kentucky. Tive Of these
McCoys were thereupon arrested by mob,
believed to be citizens of the said county
of Logan, and shot to death. For this
twenty eight 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 eveI
since that time, no requisition was ever
made by the Governor of Kentucky upon
the Governor of West Virginia until in
November, 1887; and, although they were
frequently during all this time in the
county Of Pike and at its Court House, nc
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, some parties in
the said county of Pike, supposed to bs
Perry A. Kline, a Deputy Sheriff and
iiiler Of said county; Lee Ferguson, the
county attorney, and Frsk Phillips, anoth'
err Deputy Sheriff of said county, induced
the Governor of Kentucky to offer large re-
wards for the capture of these men and re-
QUESTIONS upon the Governor Of the State ol
West Virginia for theirrendition asfusitives
from the Justice of the State OF Kentucky.
In this rtquisition the aforementioned
Frank Phillips was appointed the agent oil
the State of Kentucky by the Governor
thereof, in due form Of law, and he there
upon duly notified the Governor OF West
Virgins of such action, and formally de-
livered such reqnisition and demanded the
rendition Of such prisoners. Alter some
preliminary correspondence between the
Governors Of the two States, looking to
fuller compliance with the forms of law IN
such cases, the said Frank Phillips was
duly notified that the Governor OF West
Virginia had directed warrants to issue for
the arrest and delivery of these men to him
as agent for the State Of Kentucky, and
that the same would be done upon the
uayment Of $54, the fees provided for By
law. This he declined TO do, but agreed
to pay SIS, the costs for the warrants tor
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
EDID NOT WANT.
In the meantime il came to the knowl'
edge of the Governor Of West virginia,
through affidavits of most reputable men,
that the said requisition was being used az
a means for extorting money from parties
therein named, and that the said Perry +:
Kline, certainly. and the said Phillips and
Ferguson, presumably, were engaged
therein. OF this Governor Wilson, oil
West Virginia, notified Governor Buckner,
of Kentucky; requested him to inquire In
TO the matter, and informed him that ne
would bold up the warrants in the mean
time. He also caused the said Franz
Phillips to be notified and the Sl5 to ID
forwarded to him.
As soon as the said Frank Phillips re
ceiyed this notice he openly, and in the
sull view and knowledge Of all the authori
ties of the said county Of Pike, proceeded
10 mise and enlist force Of about thirty
men. citizens OF the state Of Kentucky
mounted them on horses, armed then
with Winchester rifles and reyolyers
openly marched them into the county o
Logan aud State of West Virginia, and fol
more than one month continued, witt
forces of different numbers, to raid ant
arrest the citizens of West Virginia re
siding in the counties Of Logan and Nc
Dowell until he had succeeded In arrest
ing your appellant, Plyant Mahon, and
the eight others before mentioned
PHILLIPS RAIDS.
During this time this Frank Phillips
the deputy sheriff Of the said county o
/ Pike and the agent Of the Stste OF Ken
tucky, made five distinct and open raid
into the State of West Virginia. on one o
which he attacked posse OF seven mel
who had been summoned by q Constabl
of the County of Logan, routed them
shot down one, and then coolly walked Of
to the wounded man, placed his rifle to hi
head, and burst his skull into fragments
On another raid he wounded and muir
dered another citizen Of West Virginia II
the same manner, showing sside his gray
headed wife TO do it. / call the attention
of the Court to these matters, because
when Governor Wilson called Governo
Buckner's attention to them, he, Goyerno
Buckner, still endorsed and stood by h
agent, Phillips.
On the 5th day Of April, 1888, G@verno
Wilson of the State Of West Virginia, u
his official capacity and in behalf of th
State of West Virginia, made formal ap
plication before the District Court Of tn
( United States for the District of Kentuc.
! for . writ ofha5eas corpus for the appellant
Plysnt Mahou, and the eight other citjzsn
of West Virginia 50 held as aforesaid.
THE COURTS DECREE.
Upon the hearing Of the case the Dis
trict Court refused to release your appel
lent, Plyant Mshon, or the other prisoners
but remanded them back 10 the possession
of the jsiler OF Pike County. From thi
order your appellant and the others ap
pealed to the Circuit Court for the SIKH
Circuit Of the United States That cour
i ~ -. or :.