Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1920-11-11


How five federal moonshine raider
who went into Knox county wer
forced to leave to save themselve
and prevent a pitched battle witt
moonshiners was told in Unite'
States court here Thursday at th'
trial of James C. Bailey and hi
brother, Bev Bailey, of Knox county
on a charge of resisting UniteC
States officers in the performance o.
idating them.
According to. statements of the off
GERS, the two Baileys came upon them
armed to the teeth, and sought tx
provoke an encounter, while having
several other armed men stationed
behind fences and on hills, with ri
fles and pistols, to back them up
Rather than start gun battle, which
the officers say they realized would
perhaps mean the death of all of them
they parleyed with the mountaineers
and by tact and diplomacy finally
were able to make a successful get
away from that dangerous section
which is about 10 or II miles over the
mountains from Barbourville, the
county seat of Knox county.
The tale the officers told was con-
vincing one,. yet the two Baileys as
serted equally as emphatically when
,N1n - To-
tentions had at all times been entirely
friendly. and they pointed out that
when the officers started to leave, the
younger Bailey permitted Deputy
Marshal Bash, an older man, to ride
his horse.
The evidence given by the govern
ment officers in the case brought to
light, for the first time, the dangers
to which the moonshine raiding
squads subject themselves in their eff
forts to enforce the national prohibit
tion laws. When veteran raiders like
Chief of the Eastern Division u. G.
Mcfarland and Deputy Charles Win
frey, both bearing many scars of
their battles with mountaineers, car
be forced to leave a neighborhood be-
cause of the imminent danger Of
death to themselves and their com
rades, officials of federal court here
said that the risk that the raiding
forces often encounter and brave con
stantly can be we'll understood. 1t il
conceded by those who are familia
with the history of federal officers In
Kentucky that two braver men than
these two named are not on Uncle
SANS payroll, yet they took their
men away from Hammond's Fork ir
Knox county, with their work incomp-
plete, because, as Chief Mcfarland
testified:
"Our discretion told US it was the
best thing under the circumstances
When men come at you that way il
means either quit or fight. We quit
I've been in many close places and
know what it means"
Mcfarland fatty denied the sugges-
tive question from one of the Bail
eys' attorneys that he was fright
ened."
"Not that for minute" ne replied
"but we knew it was a question of
kill or be killed"
Chief Mcfarland and Deputy Mar
shall Winfrey gave the principal testi-
mony for the government, while Jim
and Bev Bailey were their own prin-
cipal witnesses, asserting throughout
their intentions had been entirely
friendly with the officers in every
way. The case was hard fought
Throughout by District Attorney
Thomas b. Slattery and his assistant,
Clay Kaufman, for the government.
and Attorneys A. r. Burnam and G.
M. Smith, of this city, for the de-
tense.
Winfrey and Mcfarland told of the
raid that was made into Knox coun-
ty on December 8, 1913, when fur
mace was found on the farm of Dick
Smith, which was up Green Briar
branch. The still seemed to have
been recently removed, the officers
said. The raiding force had been
scattered out, Deputy Marshal Bash
being sent to the Smith house, Sam
uels going over the hill, and McFar-
land and Drewry cutting down the
timber of the fermenter which had
been left at the still. Winfrey left his
rifle with, Bash at the house and as
sisted in destroying the furnace, and
then went to, the house to get his gun
with Mcfarland. The officers stated
that the two Bailey boys were there,
one with revolver and the other
with Winchester rifle. They said