The Birmingham age-herald., 1907-05-26
STORIES IF THE
 AMERICAN FEUDS Only One Man Legally Execute
 In Breathitt 500 HAVE BEEN KILLED Hanging of "Rad Tom" Smith Was Made One of the Most Memor-
 able Events Ever Seen
 In Jackson.
500 HAVE BEEN KILLED
BY FREDERIC J. HAsKlN.

b1 FhEDEhIC Js HASNlNs
 Bret Harte expressed the opinion that there was, material for great deal of heroic Greek poetry in the mining camps of the SierTas, but said that he would content himself with making a few brief sketches in prose of period br1dged over by other historians with a simple chroni- clO of results, and general compliment to survivors. A chronicle of the mountain feuds usually tells of the net results, Including the list of victims, without throwing much light upon the character of the olanSman. Noyehsts have added falsity to fiction by writing melodrama rather than Greek poetry about the moun- taineer, yet in his true character the fuedist is not unpicturesque.
 Bad Ton9 Smith was the only man ever legally executed in Breathitt county, Kentucky, where 1t Is estimated that 500 men have met violent death since the civil war. He bore little malice or hatred in his heart, yet to kill man to accom- modate a friend was no infraction of his code, and shooting from ambush never violated his conscience. Upon one occa- sion a powerful clan leader decided that a prominent physician encurnbered the earth, and "Bab Tom undertook his elimination with a careful attention to detail that left little chance of a mis- carriage of his plans. With a trusted friend Smith visited the physicians home and sought his professional services.
 A careful examination of the pretended sufferer failed to reveal the slightest cause for an afnlction which he insisted mani fested Itself in unbearable pains about midnight The physicians interest was suggestion of Smith that he should re- main overnight, so that diagnosis might aroused. He readily agreed to adopt the be made. At the witching hour the doc tor heard piteous groans coming from the room occupied by the patient and his companion. Springing from his bed he rushed into the room. Smith, who was sitting up with hip cannon" in his hand, calmly shot the physician dead. His companion testified that the shot was fired in resisting an attempt upon the part of the physician to commit a rob bery. The true story did not become public until Smith unravelled a great many mountain mysteries by way of pass ing time between the date of his con- vction, for a subsequent murder, and the date of his execution.
 Having contracted to assasinate a man who had been rendered somewhat gun shy by having received a warning, Bad Tom" hit upon the happy plan of getting his intended victim to attend a funeral at an exposed cemetery. He provided the funeral by the simple expedient of kill ing the mans brother. Upon the morn- ing of the obsequies he stationed himself upon a wooded hill overlooking the cene- tery and patiently awaited the conclu- sion of the ceremonies, as he was a church member and dislixed to disturb public worship. As the mourners were turning to leave the grave the report of a rife was heard, and the man who was wanted" fell to the ground with a bullet in his breast In the confusion attending the tragedy Smith slipped quiet ly away through the bushes, leaving no clue to his identity.
 When Bad Tom was finally convict ed there was much speculation as to whether he would make a confession im- pllcating the men who had used him as a tool. but those who had hoped for sen- sational developments were disappointed. He accepted his sentence like a philoso- pher, dryly observing that he saw no reason for drawing his lifelong friends into the controversy. The hanging of Bad Tom was looked forward to as a great event in the mountains. Friends and enemies alike anticipated the event with keen pleasure because of It's spec tacular features. When the gallows was being erected, itineraht vendors of ginger bread. cider, fried chicken and fish sand wiches were busy building booths for the entertainment of the crowd, and the one topic of conversation was how Smith would take his medicine
 Sunrise was the hour set for the hang ing, but in response to a popular request, the sheriff put it off until o'clock so that passengers arriving on the morning train could be present The train was late and the sheriff would have proceeded but Bad Tom," who had been uncon- cernedly exchanging repartee with old friends and with enemies who approached him without fear for the first time, good humoredly suggested that it would be shame to give the show before the audi ence assembled. When the trap was finally sprung the mortal remains of Bad Tom" Smith dangled at the end of a rope that formed the center of the largest concourse of mountaineers that had ever gathered at Jackson.
 Killings in the fued country arise from trivial causes. Several young men were sening a creek, and the man dividing the fish was humorist. He put all of the small fish In one mans pile. and the crowd enjoyed laugh at the expense of the victim of the joke. Apologies and a new division were made, but the man who had been humiliated brooded over the wrong done him. A few days later