The Southern herald., 1916-04-07

employed on the real battlefield. Law
yers tried condemnation suits with in
uinerent success, and then reached
out their hands for a new weapon.
Back in the old days, when Ken.
tucky was not a state but a county
land patents had been granted by
virginia to men who had never
claimed their property. For two hun.
ured years other men who settled as
pioneers had held undisturbed posses.
slon' they and their children's chill.
oren. Now into the courts piled multi.
tuolnous suits Of eviction in the names
OF plaintiffs whose eyes had never
seen the broken skyline Of the Cum.
berlands. Their purpose was deceit.
since 1t sought to drag through long
and costly litigation pauper Iandhold.
ers and to impose such CALLING bur.
den upon their property as should
drive them to terms of surrender.
Men and women who owned, or
thought they owned, log shack and
tllting cornfeld found themselves fac.
ing new and bewildering crisis.
Their untaught minds brooded and
they talked violently of holding by
title of rifle what their fathers had
wrested from nature, what they had
tended with sweat and endless toll.
but Anse Havey and Mllt McBriar
knew that the day was at hand when
the rife would no longer serve. They
employed lawyers fitted to meet those
other lawyers and give them battle In
the courts, and these lawyers we're
paid by Anse Havey and Milt Nc.
Briar.
The two stood stanchly together as
buffer between their almost help.
less people and the encroaching ten.
tacles OF the new octopus, while Juan.
lta' looking on at the forming of the
Dattlellnes, was torn with anxiety.
IN Bad Anse Havey the combination
OF interests recognized It's really most
formidable foe. In the mountain
phrase, he must be "man-powered out
en- ther way" And there were still
men in the hills who, if other means
failed, would sell the service Of their
"rihe-guns" for money.
With such as these it became the
care of certain upernumeraries to es.
tablish an understanding. In the last
election a thing had happened which
had not for many years before hap.
pened In Kentucky-a change of par
ties had swept from power in Frank.
fort the administration which owed
loyalty to Havey influences.
Bad Anse Havey was indicted as an
accessory to the murder of young Cal.
win and he would be tried, not in Peril.
but In the Blue Grass. The prosecu.
ton would be able to show that he
had warned the surveyors off his own
place and had picketed his fence line
with rifemen. They would be able to
show that he was the forefront of the
light against innovation and that
esser mountain men followed his
counsel blindly and regarded his word
Is law But, more than that, the Jurors
who passed on his question of life
md death would be drawn from a com.
nunity which knew him only by his
lewspaper-made reputation.
So it was not long before Anse
4avey lay in cell in the Winchester
all. He had been denied bond and
ronted dreary prospect.
When the trial Of Anse Hayey he.
AN there was one spirit in the land
lere was an exponent of the unjusti. I
able system Of murder from ambush. '
n the cemetery at Lexington. where 7
leep the founders of the western EN-. !
ire, lay boy whose life had Just be-
un In all the blossom and sunshine r
I promise-aEd who had done no y
yrong.
The special term of the court had +
rought to Winchester a throng of
lrmer folk and onlookers. Their a
orses stood hitched at the racks u
bout the square when the sheriff led h
nse Havey from the Jail to the old f
uilding where he was to face his ac. q
users and the judges who sat on the I
ench and in the jury box. u
He took his seat with his counsel at
Is elbow and listened to the pre. G
minary formalities of impaneling a Il
Try. His face told nothing, but as s.
an after man was excused because a
3 had formed an opinion, he read 1T. k
g that was hopeful in the outlook Il
He calmly heard perjured witnesses II
ON his own country testify that he b.
I'd approached them, offering brlbes Il
r the killing of young Calvin which
ey had righteously refused. He knew tc
at these men had been bought by Il
m Fletcher and that they swore for 81
q hire of syndicate money, but he
lly waited patiently for the defense be
open, He saw the scowl on the st
ces in the Jury box deepen into con. SC
ction as witness after witness took ne
g stand against him. and he saw the Al
ces in the body of the room mirror tn
at scowl Sc
Then the prosecution rested, and as
few of its perjuries were punctured. di
Q faces in the box llghtened their ch
owl little-but very little. The tide st,
d set against him, and he knew It.
lless one of those strangely psyche ca
yicoI tbinpq ahould ooour ,rhtoh