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or
By Teri Pettit
In September of 1993, my sister Patti and I went on a research trip to
Kentucky, the first time we had been in that state since our early childhood.
While at the State Library in Frankfort, I was looking through a book of
collected miscellanea called "Talley's Northeast Kentucky Papers",
and found on p. 161 a newspaper extract from the Maysville Republican, of
Feb 29, 1868, which read "Murder: In Morgan Co., Ky, recently a man
named Isaac Hall was called to the door and shot. He retreated, was pursued
into the house, and again shot, and killed. Several men arrested. Among
them were Hall's own brother, brother-in-law, and all others are related
by blood or marriage."
Well! That was intriguing, since I knew I had an ancestor from Morgan County
named Isaac Hall. So the next day we went to the State Archives, and when
we walked in and were asked by the librarian what records we wanted to search,
I replied, "Well, the first thing we'd like to check is that we read
in an abstract from an 1868 Maysville newspaper that one of our ancestors
was shot to death by his brother and other relatives in Morgan Co., Ky."
A man in a room behind the desk overheard us, and exclaimed, "Oh, you
mean Isaac Hall! I read about that case." (We now know, based on the
material at the archives, that it was not our ancestor Isaac Hall, but rather
his son, Isaac Jr., who was killed.) And when we showed him our pedigree
chart to show him how we relate to the Halls, he noticed Preston Pettit
at the top, and said, "You're related to Press Pettit, too! Did you
know Press was shot during the Civil War by Jack Nickell, who
was later hung for war crimes, and Press testified at Jack's trial?"
(We had heard that Press was shot and crippled by rebels who came to his farm
to requisition/steal his horses, but we hadn't known the name of the person
who shot him, nor that he had testified at any trial.) It turned out this
archivist, whose name is Jim Prichard, is a Civil War history buff, and
reads a lot of the old court transcripts. It was so cool to walk right in
and find a person, not related to us, who knew all about these ancestors
of ours, and was even excited about them. He helped me find the pretrial
hearing depositions, and a couple of letters in support of a pardon petition,
for the Isaac Hall murder case. Those documents comprise the bulk of this
article.
One thing that astonished me in looking through the petitions to the Governor
were the number of petitions for pardon for murder, and the number of those
pardons that were granted. There were two to five such petitions submitted
each month, and more than half were granted. Most of the pardons granted
were cases where the victim was someone who had run up against the law in
the past; apparently the tolerance for "frontier justice" was
very high.
Isaac Hall Jr. (ca 1839 - 3 Jan 1868)
27 years old at the time of his death, he was the fourth son of Isaac Hall and Anna Martin. He was a Confederate veteran, and apparently gained a taste for robbery from his wartime raids. He had been prosecuted several times for robbery and even murder (from an incident in which a jail guard was killed during an attempted jailbreak of a member of his gang), but never convicted. Some months before the events covered by these hearings, he had driven from the family home his widowed mother, his two youngest brothers, his sister, and his brother-in-law, and was using the home as a place of refuge for his band of robbers and their women.
When they despaired of getting back into their house by spring, the younger hot-heads in the family cooked up a plan to "arrest" Ike Jr., and shoot him if he resisted arrest. When the actual confrontation came, though, they simply called out to Ike to give up as he walked unarmed to the barn to tend to his horse and mule. When he ran back towards the house (presumably to get his gun), they interpreted it as "resisting arrest", and opened fire from under cover of the woods. Ike was not killed immediately, but was able to retreat to his house, gravely wounded and unable to return fire. Towards midnight the vigilante band returned and shot him again in his bed, killing him. His girlfriend Eliza McDaniel was staying with him and witnessed both shootings.
Ann Hall (ca 1801 - after 1870)
The widow of Isaac Hall Sr., she was the mother of the Victim. She was accused of conspiracy to commit murder because she consulted lawyers before the deed, asking them about the legality should Isaac be killed while the vigilante group was attempting to arrest him. One of the witnesses testifies "Old Mrs Hall said .. he had better be kill than to have to come to the [gallows]. ... She said they had talked to 3 lawyers & if they kill him it was all right he was paid for." (Apparently a colloquialism equivalent to "He got what was coming to him.")
George Martin Hall (1827 - 1900)
The oldest brother of the victim, he took in his mother and siblings when Isaac Jr. kicked them out of the family home. His attempts at a negotiated settlement were unsuccessful, as Isaac demanded more compensation than George or the other family members were able to supply. He did not participate in the ambush, but allowed his home to be used as a gathering place for the conspirators. His wife Susanna was not indicted, though she was at home at the time. (George is the great-great-grandfather of the compiler of these notes.)
Benjamin Franklin ("Ben") Hall (1852 - 1895)
The oldest son of George M. Hall and Susanna Downing, he was thus the nephew of the victim. He was 15 at the time of these events, and was the youngest member of the vigilante band.
James Hall (1847 - 1932)
The youngest brother of the victim, he was 21 at the time of these events, and was a member of the vigilante band.
Jane Alfrey (1842 - 1915)
The sister of the victim, she was also charged as a conspirator because she was present while her husband was planning the ambush. They had been living in the Isaac Hall home until evicted by Isaac Jr., and at the time of the events were staying with her brother George M. Hall.
Franklin ("Frank") Alfrey (1839 - 1918)
The husband of Jane Alfrey, he was the oldest son of Fielding Alfrey, and one of the leaders of the band of vigilantes.
Wiley C. Roberts (1832 - 1913)
The other leader of the vigilante band, he was a brother-in-law of the Alfreys, as his wife Amanda was their sister. He was also a "brother-in-law-in-law" of the victim, since his sister Susan Roberts married John M. Hall, a son of Isaac Hall Sr. who seems not to have been involved in these events. (There is no mention in the testimony of John M. Hall, nor of his two other brothers, David and William.) The parents of Wiley and Susan were Minetry & Euphamy Roberts, who moved from Grayson Co., Virginia to Bath Co., Ky about 1859.
Anderson Alfrey (1846 - )
The second son of Fielding Alfrey, he was mentioned prominently in the testimony as one of the band of vigilantes, but there is no record that he was tried.
Allen Alfrey (1850 - )
The third son of Fielding Alfrey, he also was mentioned in the testimony but apparently not charged.
(Since some of the documents from the case are missing, it is quite possible that Anderson and Allen were charged, with the case against them being heard separately, and that the charges against Anderson and Allen were dropped before the petitions were filed in August.)
The impression one gets on reading the hearing transcripts is that the members of Isaac's family did not think of the shooting as a crime. They were open in talking to everyone about what they were doing. That's why there were so many witnesses. They apparently thought it was legal to kill somebody, even when he was unarmed and outnumbered, as long as he was a well-known criminal and they first yelled "Surrender or we'll shoot!" And they were given that counsel, or what they understood as such, by an honored judge who later became a representative to the Kentucky State Legislature! In fact, if they had killed Ike outright the first time, rather than coming back to finish him off as he lay wounded in bed, there might have been no trial at all.
Eliza McDaniel
The girlfriend of Isaac Hall Jr. The star witness for the prosecution, she was with him the morning that he was shot. Her parents were probably George McDaniel and Elizabeth "Lizzie" Royse of Rowan County. They had a daughter Eliza born about 1847, and I can't find any other Eliza McDaniel in the area who would be young and single in 1868.
Henry C. Caudill (1828 - 1882)
The eldest son of Sammie Caudill & Sarah Maggard. Two of Henry's brothers were married to daughters of George M. Hall -- Abel Caudill to Mary Ann Hall, and Samuel C. Caudill to Cynthia Ann Hall.
Daniel Pound Short (1835 - 1910)
Sometimes known as "Shifty", he was a double brother-in-law of Henry C. Caudill, since Dan married Henry's sister Margaret, and Henry married Dan's sister Elizabeth. His parents were Charles Anderson Short and Ann Mullins. He had served as a go-between in negotiations with Ike Jr. over the house.
Elizabeth Caudill (1830 - 1915)
Born Elizabeth Short, she was the wife of Henry C. Caudill and the sister of Dan Short. She testified to conversations with the accused.
Sarah Caudill (1849 - 1920)
The daughter of Henry C. Caudill, she was 19 and living at the George Hall home.
Margaret Short (1837 - 1901)
Born Margaret Caudill, she was a sister of Henry C. Caudill, and the wife of Daniel P. Short. She accompanied her double sister-in-law Elizabeth to George M. Hall's house the night of the murder.
Abel Caudill (1843 - 1925)
The 5th son (and 9th child) of Sammy Caudill and Sarah Maggard. His wife Mary Ann Hall (1849-1927) was a daughter of George M. Hall. His brother Henry and his sister Margaret both also testified.
John Riddle (1808 - after 1887)
John William Riddle, son of Lewis Riddle. His only relation to the Hall family was that his daughter Sarah R. Riddle (1851-1933) would later marry William Thomas `Buddy' Hall, a son of George M. Hall, although that marriage was not to take place until 1871. (He is related to the compiler on the Pettit side, though, since his daughter Mary Susan Riddle was the wife of Preston Pettit, and his daughter Martha Ann Riddle was the grandmother of Emma Jane Clark, the wife of Jessie Petitt.)
James Jones
Probably James Boyd Jones (1847 - ), son of William Jones & Barbary Myers, although possibly his uncle James W. Jones Jr. (1828 - ), son of James W. Jones Sr. In one testimony James Jones is quoted as saying that he saw "5 or 6 men passing by witnesses [i.e., his] grandfather's on Lick Fork." In 1868, James Boyd Jones was 21, and his grandfather James W. Jones Sr. was still alive. James W. Jones Jr, on the other hand, would have been 40 at the time, and his grandfather had died in 1851. Also, James W. Jones Jr. was usually known as Jimmy Jones, whereas James Boyd Jones was always called James or J. B. Neither James Jones had any close ties to the Alfrey or Hall families, but they both had ties to Riddles. (James Boyd Jones was married to Nancy Riddle, a daughter of John W. Riddle, and James W. Jones' son Joseph Frankie Jones married Margaret Riddle, a granddaughter of John W. Riddle.)
Lucy McClain (1832 - )
Born Lucy Riddle, she was the daughter of John W. Riddle, and the wife of David McClain. David's sister Emily McClain was the wife of James W. Jones.
Henry R. Myers (ca 1811 - )
Possibly a brother of Mary Adeline Myers, the wife of John W. Riddle. Mary Adeline Myers' father was named Henry J. Myers, but he was born 1775 and died before 1840.
John T. Evans (1850 - )
Son of John A. Evans (b. 1820) and Elizabeth Myers, who had a farm adjacent to that of William Jones & Barbary Myers.
John Jennings (1820 - )
Born in Tennessee, he married Rachel Fannin in Morgan Co. in 1842, and was living in Rowan Co. in 1860.
Oscar Johnston McKenzie (1840 - 1922)
Son of Rebecca McKenzie and Thomas Perry. He married first Eliza Ann Lewis and second Rinda Prater.
I do not have any information on the witness Doc R. D. Weaver. Witnesses Jm M. Lewis and R. B. Alfrey are covered under the Lawmen section.
G. D. Phillips
Mayor of West Liberty, hearing the case against Wiley Roberts.
J. B. Fugett
Justice of the Peace for Morgan County, hearing the case against Wiley Roberts
Wm Mynheir
Judge of the Morgan County Court, hearing the case against Frank Alfrey, James & Ben Hall.
W. H. Lewis
Justice of the Peace for Morgan Co., hearing the case against George Hall, Ann Hall, and Jane Alfrey.
G. Lewis
Justice of the Peace for Morgan Co., hearing the case against George Hall, Ann Hall, and Jane Alfrey.
Jm M. Lewis
Ex-Sheriff of Rowan Co. He testified as a witness, and also petitioned the Governor for the pardon of the defendants.
John M. Elliot
A very prominent lawyer and politician who conducted the petition drive to pardon the accused. Elliott County, Kentucky and Elliottville in Rowan Co. were both named after either him or his father, John Lisle Elliott. (References differ.)
L. W. Andrews
Another local lawyer, who wrote a letter to the governor in support of the petition. Andrews and Elliott were probably two of the three lawyers whom Mrs. Ann Hall consulted before determining that it was "all right" if Ike were to be killed. They probably defended the accused in their trials.
Weston Cox, Sheriff of Morgan County, son of Solomon Cox and Louisa Trimble. (His name is sometimes also given as Western or Westley.) His wife was Elizabeth Nickell.
William H. Elam, Deputy Sheriff of Morgan County. He married Nancy Easterling in 1840.
Son of Alfred and Mary (Bradshaw) Alfrey, and a cousin of the defendant Frank Alfrey. He was a jail house guard. His wife was Sarah Ann Jones, daughter of William A. Jones and Barbary Myers.
Daniel D. Epperhart, the Examining Clerk who took the hearing notes transcribed here. Son of Henry J. Epperhart and Christina Day, he married first Rutha Nickell and second Sarah Amanda Logan.
I don't have any genealogical information on most of the lawmen. (Now what does that say about my roots?) I would appreciate hearing from anyone who can connect the three Lewises for me.
What follows are verbatim transcripts of the pre-trial hearings, from documents at the Kentucky State Archives in Frankfort. The transcripts (except for the case against George Hall, Ann Hall, and Jane Alfrey, which is missing the first four pages) all start with a couple of pages of requests for postponement to await the arrival of either witnesses or lawyers; these postponements have been omitted in the interest of brevity. I have preserved all the misspellings, erratic capitalization and lack of punctuation of the originals. I have photocopies of the originals that I would be happy to share with anyone interested. There are also two letters to the Governor, written the August after Isaac's death, requesting that he pardon the defendants. I have placed these letters before the hearing transcripts, even though they are dated 7 months later, because they make a good introduction.
At the Archives, the hearing transcripts are filed under Morgan Co. Criminal Court records, and the pardon requests as Governor's Papers. I have not been able to find any record of the actual trial(s). Since all of the accused were living and free in 1870 (from census data), it appears that they were either acquitted or pardoned. There were several other short documents relating to the case in the box of Morgan Co. Court records that I took notes on rather than photo-copying, but those notes were accidentally left at the Archives. Most of the other documents were arrest warrants and prisoner receipts, but one was a letter from a lawyer, requesting a change of venue because the case was so notorious locally that it would be difficult to obtain an impartial jury.
The change of venue was apparently granted, because Morgan County Civil and Criminal Court Order Book 10 (1867-1869), records on page 83, "Commonwealth vs George Hall, Charge of Murder, Bail set for $2500.00. Thomas E. Lewis of Morgan County and J. M. Lewis of Rowan County appeared in open court. George Hall to appear in Wolfe Circuit Court 1st day next term." and on page 84, the same actions as above for George's son Ben Hall. On the back of the indictments is an annotation "May Term, 1868. By petition of George Hall, Ben Hall, James Hall, Wiley C. Roberts and F. Alfrey and venue changed to Wolfe County."
Unfortunately, early Criminal Court records for Wolfe were burned, and the earliest available is 1913. The archivist, Jim Prichard, however, recalled having read some trial records at some time in the past. (He said they contained testimony as to Ike Jr.'s actions which precipitated the shooting, including a quote from Isaac that as far as he was concerned, there was only one law, his gun.) Another possibility is that some other researcher walked away with the original documents. The fact that the first four pages of the first hearing transcript, which probably contained the best description of events, are missing would tend to support this conjecture.
Teri Pettit
September, 1993
Morehead Ky
Aug 26th 1868
Hon. J. W. Stevenson
Gov of Ky
Dr Sir
Our mutual friend Hon John M. Elliot, will apply to your Excellency for
the pardon of Geo. Hall, Ben Hall, James Hall, Ann Hall, Frank Alfrey, Jane
Alfrey and Wiley C Roberts, persons now indicted, charged with the murder
of Isaac Hall, the Brother of the three first*, the Son of one of the ladys,
and the others near relatives. I refer you to Judge Elliott and the petition
for the facts of the case.
I am not aware of your Excellencies views on [the] practice of intervening
before conviction, and do not propose to make any recommendation on that
point; But allow me to say that If under any circumstances you may be willing
to pardon before convection, that the case of these parties present strong
claims upon your clemency.
Isaac Hall I defended many years ago for Felony. He was a notorious desperado
and such was his extreme violence and utter disregard for all law that his
death was necessary to the safety of the lives of several of those charged
with his Murder. There exists among the good people who knew the deceased
and know those charged a strong solicitude that you may pardon all the parties.
I therefore cheerfully & earnestly recommend that you pardon all of
them.
Your friend
L. W. Andrews
[*transcriber's note: Ben Hall was not really a brother of Isaac Hall
Jr., but rather a nephew, the son of George M. Hall. At the time of the
killing, he was 15.]
Hon J W Stevens
Gov of Kentucky
Dear Sir,
I hope to be excused by your honor & Mr. J M Elliott will present you
a petition to obtain the release of Halls & Alfreys charged with the
murder of Isaac Hall I write this to let you know that this said decd in
my opinion belonged to this organisation and was one of the leaders of the
band that robed Bangor, the place of Business of the Licking River Lumber
& Mining Co, who had one of there firm (Gen Baldwin) to see you last
week in relation to obtain arms &c Hall the Decd helped to rob my store
in 1865 & has been a man of evil habits all through his life acting
in disregard of the Law shooting officers when they attempted to arrest
him. I do this in the Spirit of Justice & this thing of steeling has
become a crying evil in many localities of Kentucky & good men have
no assurance for their prospect so long as the country is infested with
such an element as Hall & others of same stripe are permitted to Run
at Large
Yours &c
J M Lewis, Ex Sheriff of Rowan Co
(I did not find the petition referred to in these letters in the Kentucky
State Archives. Nor did I find any record of whether the petition was granted
or not. But I was only there one day, so I did not have time to make a thorough
search.)
fifth winets
Elizabeth Caudill states in the [day] of the Murder of Ike Hall
Frank Alfrey came to my house and said If he though he could git any of
the Boys on the hill he woud go & git some of them to help take Ike
& they would go in and kill him that knight & went down to Halls
on the same Evening of the Murder Old Mrs Hall said she could not stay they
with Ike till spring she said he had better be kill than to have to come
to the gallace when Frank Alfrey came up the old woman Ran & met him
& Late in the [night] I heard shooting down at Ikes & Gorges Family
was gessing a bout the shooting & when Frank came up again Jane Alfrey
said she supposed he was Finished & Georges wife said Ben would Be up
the[re] directy or she woud go after him & started & said he would
make his wife come back George Hall said he did not like Bens going down
to Ike Halls on the morning of the murder
sixth witness
Margaret Short stated that I went with Mrs Elizabeth Caudill down
to George Halls He requesed of me if I knew any thing of Will Fouch that
he was a going to take Ike Hall that he was badly wounded when we got to
Hall the old Mrs Hall said he had to be killd She said they had talked to
3 lawyers & if they They(sic) kill him it was all right he was paid
for & she [said] they must wash Ikes clothes & about night we heard
a shooting down at Ikes after the shooting I and Mss Caudill returned home
but before we started home Jane Alfrey state he ought to be killed we went
down to where Ike Hall was killd on Saturday Evening they just had dressed
him & Frank Alfrey brought a saddle packett with berrying clothes Mrs
Ann Hall & Jane Alfrey said it was right he was killed for 3 lawyers
said so the old [woman] said she had raither It was as it is with Ike than
for him to come to the galles witness further states that Ike was a good
son & cleaver to his mother & well behaved at my house
seventh witness
John Jinning states that I seen a party of men pass my shanty
on the north fork on Friday night 3rd of January 1868 I saw five me men
coming to our shanty & 3 of them turned off and crossed the creek &
Frank Alfrey came to me and said Ike was hurt very bad and wanted us to
go up I asked them if they thought he would die and they said he would &
they there was an officer with the 3 men that turned off
Eighth witness
John Riddle states that he was not acquainted with Wiley Robbers
& the 2 Alfreys I went down to Halls the night of the murder of Ike
Hall when I got there they made me go in & examine Ike & know if
he woud die & I came out & told them he would soon die & they
said the Alfreys & Robers said if he did not die he would come back
& finish him & they started the day before Ike Hall was killed saw
Frank Alfrey go down towards the River & next morning there was fresh
horse sine in the road
Eight witness
[This is obviously the ninth witness, coming between "Eighth"
and "Tenth", but the court clerk's notes really said "Eight"
here. There was no heading for the eleventh witness.]
James Jones state that I met Frank Alfrey going down to the River
the day Ike Hall was killd riding a mule after the murder I went down in
the evening to Halls I heard Robbards say they shot Ike & if he did
not die they would kill him I heard Jane Alfrey say she was sorry he was
killd
Tenth Witness
Lucy McClain states that I saw Frank Alfrey go down towards the
River the day before Ike Hall was kill I went to Geo Halls on the Evening
that Ike was killed & when I reach the house I heard shooting going
on then I went down to where the house <? paper folded> was done &
I heard one of the <? paper folded> men say Ike could not live
Able Caudill states that I [heard] George Hall say that these men
from the river had shot Ike & it had must bound to be done & said
he had got H C Caudill & Dan Short to go down to get Ike to leave the
farm & Davis Cornnet told George Hall why did he not git an officer
to take Ike with a writ & George said Ike would kill them all &
it was a brave trick of them five men going in and shooting Ike after they
had shot him the first time & the killing of Ike was a bound to be done
the conversation happened on Saturday after murder
January the 15 Wednesday Eavening Court adjourned with the release of Jane
Alfrey
Thursday morning court set 16 January 1868
16 January 1868 Mrs Ann Hall Released
The Commonwealth against Geo Hall on try J M Hall Jany 16th
Hall acquited 16 Jany 1868
adjourned untill to morrow morning
January 17 1868 Court set to try Frank Alfrey Ben Hall & James Hall
acquited given under my hand as clerk
D. D. Epperhart for Examining
W H Lewis J.P.M.C
G Lewis J.P.M.C
| The Commonwealth of Kentucky against Wiley Roberts |
Morgan County January the 18th 1868 |
J B Fugett JPmc
G D Phillips Mayor
<January 20th through January the 28th 1868, daily entries of postponements,
omitted from this article>
January the 29th 1868 The court met persuant to adjournment and the prisoner
being brought before the Court
Eliza McDaniel Rowin County being Sworn and examined on behalf of
the Commonwealth States that on friday after new year Early in the morning
Isaac Hall went out to feed his hogs and witness heard two guns fire and
went out to See and Seen Isaac hall Runing towards the house and came in
and called for his pistols & witness pict them up and gave them to him
he went to the bed and fell on the bed and Said he was a dead man witness
Staid with him untill about 10 or 11 oclock with him and Hall told her to
go to George Halls and tell his mother to come home and tell James hall
to go after Doctor Weaver and if he would not go for witness to go witness
took the Bridle and Started to the Stable and met 3 men the prisoner Ben
hall and Allen Alfrey and they told witness that if She moved they would
Kill her and asked witness for the Bridle which She gave to them and Said
Kept witness under arest untill Evening Said men went Back to the house
and wounded Said Isaac Hall in the night witness Examined the wounds Says
he was Shot in the Back and in Each Side which witness believed caused his
Death and the made witness go in the house and get I Halls pistols and deliver
them to James Hall Frank Alfrey & prisoner came to the party that done
the Shooting and they Enquired of witness if Isaac Hall was dead and if
not dam him he would go and finish him witness states that he Said Hall
was Killed in morgan County as Represented to her
John Riddle of Rowin County Sworn for Commonweath testified Seen
the Deft at George Halls with others and went to Mrs Halls and Deft got
him to go and See Isaac hall and to inquire how he was Shot and Report to
them which witness done and told them he thought he would die and the agreed
to leave and come Back and if he got better the would finish him witness
Examined the wounds and Said there was five or six wounds which was done
in Morgan County on the 3d day of Jan 1868
James Jones Rowin County Sworn for the Commonwealth testified to
about the same facts as John Riddle did
J M Lewis Rowin County Sworn for Commonwealth testified that after
Thursday after new year Saw Frank Alfrey at his Store and Said he was going
after help to arrest Isaac Hall and advised with witness as to how and who
to get to make the arrest and after he Returned to witnesses house in company
with the Defendant Roberts witness Seen Defendant on Saturday after Isaac
Hall was Killed and Deft Said he had Shot in the door but did not know whether
he had hit him or not but thought he did not
Henry Myres Bath County Sworn for the Commonwealth Testified that
he Seen the Deft with others and Said George Hall had went after men to
arrest or Kill Isaac Hall and was to meet Deft at George Halls Said and
asked Deft the news Deft Replied the had did what the had went to do and
Isaac Hall was dead
The Court having heard the Evidence and the cause being Submitted to the
Court and being Satisfied that there are Sufficient grounds to believe the
defendant is guilty of the offense charged it is ordered that he be held
for trial in the Morgan Circuit Court and not allowed to give Bail he is
Committed to the Jailor of Morgan County
J. B. Fugett J.P.mc
G D Phillips Mayor
| The Commonwealth of Kentucky agt Frank Alfrey Jas Hall & Benjamin Hall |
Morgan County Jany 21st 1868 |
Wm Mynheir J.M.C.C
<January 22th through January the 28th 1868, daily entries of postponements,
omitted from this article>
Wednesday 29th Jany 1868 Court met persuent to adjournment the prisnors
F Alfrey Jas Hall & Benjamin Hall being brought in to Court and the
Commonwealth being Ready as also the defendants announced them Selves Ready
their fore the defendants counsell moved that the witnesses be Examined
Seperatly whereupon all the witnesses Except the one under Examination were
removed out of hearing of the witness under Examination
Eliza McDaniel Sworn and Examined on behalf of the Commonwealth testified
that she was present when Isaac Hall was shot that she heard 2 guns fire
in the direction of the Hill and in a few minutes heard 3 or moore guns
fire in a different direction and immediatly saw Isaac Hall come running
towards the House and called for his pistoles witnes took the pistole met
descest at the door but he could not hold the pistoles he was too weeke
Said he was a dead man this was early in the morning between day Light and
Sunrise on Friday after Newyear Last in this county about 12 ock in the
day witness went to the stable to get the Horse to go for dest Mother and
the Doctor witness was then arrested by 2 men says Wily Roberts was one
the men they took witnes to the fence above the House and out of Sight of
the House from the Locality of the ground in the Evning Frank Alfrey came
down with some provisions witness told F Alfrey that Isaac Hall was shot
witness said one of the men that had arrested her take the buckett of provision
that F Alfrey brought and Lift the Lid off Take out Some Meet & Bread
& ate of it and took the remainder to the other men who was under the
Bank witness Told Alfrey to go for Dest Mother and Alfrey Left going in
the direction of George Halls Late in the Evening witness Saw James Hall
& Ben Hall Coming Down from the hill a Little higher up that where the
first 2 Guns fired the men Told Jim & Ben to Set down their Guns which
they did one of the Men Took Bens Gun went towods the House witness did
not See what he done he Soon Returned told witness to go and get Isaac pistols
& Gun witness Refused they Said they would not Shoote him any moore
witnes then asked F Alfrey who had Returned If She must get them Frank said
he reconed they Said they would not Shoote him any moore witness then asked
Jas Hall If She must Jim Said yes he Reconed witness went and got Isaac
pistols & Gun brought them out gave them to Jim Hall and James Gave
one of them to one of the men who went Towords the House and and(sic) witness
heard a gun fire witnes asked If she might go to the House & they Said
yes witness went to the house and after witness got to the House Isaac told
witnes to go and tell Jim to come and see his Brother die but Jim Said he
did not want to do it the other men came to the House Made witness Come
out as witness was coming out Wily Roberts Caught her by the Arm pulled
her out of the house and Several guns was fired in the House at that time
Jas Hall Ben Hall & F Alfrey was at the fence when Last guns was fired
witness was not acquainted with the 3 men that had arrested her and the
Same that Shot the Last Shoots but dest told witness after they Left that
it was Wily Roberts Anderson Alfrey & Allen Alfrey that shot dest the
Last time this was in Morgan County as witness is informed It is on this
Side of the North fork and at the House formly occupied by the widow Hall
the Mother of Dest and witness understands the Creek to be the County Line
that Ben Hall & James Hall Came from the direction of the first Shooting
in the morning that Wily Roberts Allen & Anderson Alfrey come from the
direction of the Second firing their not being time to heare all the Evidence
the Cause is Continued till the 30th of Jany 1868 and the prisnors again
committed to the custody of R D Elam Ds for W W Cox Smc & his guard
Wm Mynheir J.M.C.C
Thursday 30th Jany 1868 Court met persuent to adjournment the prisnors F
Alfrey Jim Hall & Ben Hall being brought in to Court
John Riddle of Rowan County Sworn and Examined on behalf of the Commonwealth
testified that he Saw Frank Alfrey going in the direction of Licking River
the morning following Saw where horses had passed back towards Dest House
Friday Evening Ben Hall Came for witness to go and set up with Isaac Hall
said he was shot witness James Jones & Mrs McClain went when they got
to George Halls they stoped a short time this was after dark saw Frank Alfrey
Jas Hall Ben Hall & 3 other men that witness did not know at George
Halls witness James Jones Mrs McClain Jas Hall F Alfrey and the 3 strange
men all started to go from G Halls down to Isaac Halls the Dest when witness
got to the yard fence of Dest the 3 strange men stoped told witness to go
in and see if Isaac Hall was dead and to aske the young woman how he was
shot and if he could Live witness went in and saw Dest asked to woman how
he was went back to the 3 men Told them he was not dead but that he could
not Live one of them said well Let us go then another said yes then we will
Leave him and If he Lives we will come back in a few days and finish him
and they started off down the Creeke did not see Jim Hall or F Alfrey when
the 3 men was talking about coming back to finish him Jas Hall & F Alfrey
Left about the same time the 3 men Left did not see Either of them that
night any moore Saw F Alfrey Saturday morning next Saw the wounds in Dest
baudy thinks their was some 5 or 6 holes in Dest baudy 1 or 2 in the floore
2 in the Doore 1 in the Bedd dest died about midnight of the wounds Recieved
this was in Morgan County Kentucky and the 3 day of Jany 1868
James Jones of Rowan County Sworn and Examined on behalf of the Commonwealth
testified and says he lives in Rowan County some 3 or so miles from Dest
House saw Frank Alfrey the day before dest was killed on Warricks Runn going
in the direction of the River about 10 ock at night Said saw 5 or 6 men
passing by witnesses grand fathers on Lick Fork on Friday night that Dest
died Saw F Alfrey James Hall Ben Hall Wily Roberts Allen Alfrey & Anderson
Alfrey at George Halls they all Except Ben Hall started with witnes Jno
Riddle & Mrs L McClain down to Dest House witness and Mrs McClain was
behind did not see F Alfrey & James Hall after they started when witness
got to Dest House Heard Jno Riddle say to Wily Roberts Allen Alfrey &
Anderson Alfrey that Isaac was not dead but that he could not Live one of
them said well we will go away and if he lives we will come back and finish
him Dest died that night about 12 ock they all left soon after the conversation
above spoken that is Allen & Anderson Alfrey & Wily Roberts per
wit did not see J Hall or F Alfrey any moor that night after they started
from G Halls this was in Morgan County Ky and on Friday after Newyear Last.
Jm Lewis of Rowan County Sworn and Examined on behalf of the Commonwealth
Testified and says he saw Frank Alfrey at witness Stoore House the day before
Dest was shot about noon thinks Allen Alfrey & Anderson Alfrey was in
company with him Frank left the Store and came back to witness House or
to his yard fence late in the Evening in company with Wily Roberts said
they wore going to arrest Isaac Hall said George Hall had gaun for Bona
Hallon to arrest Isaac Hall and they wore to meete him said Alfrey said
he had great grevences agt Dest for he had threatened his F Alfry life and
had drove him from home they left going up the river in the direction of
Dest this was on Thursday did not see them any moore untill Saturday morning
Wily Roberts Allen & Anderson Alfrey came to witnesss Store House thinks
he saw F Alfrey on Sundy heard F Alfrey say his information was that Isaac
Hall was Dead
Henry Myres of Bath County Sworn and Examined on behalf of the Commonwealth
testified and says he saw F Alfrey in company with Allen Alfrey Anderson
Alfrey & Wily Roberts at David Myres some 2 miles above Jm Lewises store
House in Rowan County on Thursday night about 8 Oclock the night before
Isaac Hall was shot One of them Told David Myres they wanted to borrow his
gun Myres asked them what they wanted with it they said they wanted to go
Hunting witness then turned to Leave Allen Alfrey said to witness they wore
going to do something with Isaac Hall that George Hall had gaun to get some
other men to help they all left in the direction of Dest House witness did
not see them any moore untill Saturdy morning saw Allen Anderson Alfrey
& Wily Roberts at Feelding Alfreys this was a few days after New year
R B Alfrey of Rowan County Sworn and Examined on behalf of the Commonwealth
Testified and said he saw Frank Alfrey on Thursday before Isaac Hall was
killed on Warricks Run in Rowan County Frank said he was going to his Fathers
to get some oil [ail ?] that he had forgotten did not see Frank any moore
for 3 or 4 days and after Dest was killed saw him at Jm Lewis store saw
Ben Hall their also witness saw Wily Roberts Allen Alfrey & Anderson
Alfrey Early Saturdy morning after Dest was killed at Feelding Alfrey in
Rowan County
Jno T Evans of Rowan County Sworn and Examined on behalf of the Commonwealth
Testified that he was at David Myres in Rowan County on Thursday the 2d
day of Jany 1868 saw Frank Alfrey Allen Alfrey Anderson Alfrey & Wily
Roberts about Bed Time that night at David Myres Frank Alfrey got down went
in to the house Told Mrs Myres he wanted the gun she said he could not get
the gun they left with out the gun did not see them any more that night
next saw Allen & Anderson Alfrey & Wily Roberts on Tuesday afterwards
saw Ben Hall & George Hall a short time after the killing at Jm Lewis
Store House
Oscar McKinzie of Morgan County Sworn & Examined on behalf of
the Commonwealth Tistified that he was at work about one mile below Isaac
Halls on Friday the 3d day of Jany 1868 and the same day that it is Reported
that Isaac Hall was killed that in the night some time on Friday that Jas
Hall & Frank Alfrey came to witness camp said they wanted some one to
go up and stay at Isaac Halls House that some one had shot and killed Dest
some one asked who done it Frank said the officer went to arrest him and
he was shot witness or some one else asked what officer and Frank said he
aught not to tell it would finally come out ther was other persons going
down the Creek about the time Frank and Jas came to camp
Henry Cudle of Rowan County Sworn and Examined on behalf of the Commonwealth
Testified that he was at home on Thursday morning the 2nd day of Jany 1865
that during the day George Hall came for witness and Daniel Short to go
to Isaac Halls to make a compromise with Isaac witness and Daniel Short
went Told Dest what George sent them to do Isaac said tell George that If
they will pay me $50- for my part of the Land and $5- that Frank Alfrey
owes to me that I will leave just as soon as I can sell my corn and dispose
of my stock Short said to Dest he would buy his corn witness said Short
went back to G Halls told him what Dest said Frank Alfrey was not present
at the time George Hall said they had $40- & could borrow the rest or
would borrow the rest to pay for Dest part of the land this was the evening
before Dest was killed did not see Frank untill Saturday night after Dst
was killed saw him at Dest House
Daniel Short of Rowan County Sworn and Examined on behalf of the
Commonwealth Testified that he lived some 3 miles from Isaac Halls the Dest
says he was called on by George Hall to go with Henry Caudle to Dest and
see if he could make a compromise with dest he George wanted to know if
dest would take $50- for his Dest part of the land said they have $40- and
would borrow $10- if Dest would take it this witness and Henry Caudle told
to Dest when they got to his house dest said if they would give him the
$50- for his part of the land and pay him $5- that Frank Alfrey owed to
him Dest that he would leave as soon as he could sell out his corn and get
away witness understood the difficulty to be between Isaac Hall the Dest
& Frank Alfrey Jas Hall & Dest Mother that Dest had Runn them all
from Home.
Mrs Elizabeth Caudle of Rowan County Sworn & Examined on behalf
of the Commonwealth tistified that George Hall came to witness House to
get her Husband & D Short to go to Isaac Halls they went this was the
day before Dest was killed on Friday the day Dest was killed witness was
at George Halls witness Heard the Guns fire Frank Alfrey came up to witness
this was about 12 oclock on Friday Frank said they had shot 5 times said
witness told Frank if Dest got away he would kill them all Frank said he
knew that but it was not the intention to let him get away Frank came up
the Creeke riding very fast the old Lady said it had to be done James &
Ben Hall was not at home at the time George Halls wife said if Ben did not
come soon she would go after him She Mrs Hall went witness did not see her
any moore that day witness saw Jas Hall Frank Alfrey and Dest mother on
Saturdy night after Dest was killed witness was at George Halls on Friday
Evening when George came Home saw George coming he was Riding a strong Horse
after the last shooting in the evening George Hall started down towards
Dest House did not see him any moore that day witness went Home
Miss Sarah Caudle of Rowan County Sworn & Examined on behalf
of the Commonwealth Testified that she was living at George Halls at the
time Dest was shot and had been for a few days before that Frank Alfrey
& family was at George Halls Jas Hall & old Mrs Hall was also at
George Halls that on Wednesday before the dest was killed witness heard
Frank Alfrey say he would have times altered before Sunday night on Thursday
morning Frank started away witness did not see him any moore that day just
before day on Friday witness saw Frank with 3 other men at George Halls
they loded their guns and started towards Dest house Frank James Hall &
the 3 men that was with Frank Frank came back after day light and Ben Hall
went back with him witness started down with Jane Alfrey and met Frank Alfrey
coming up again Frank said they had shot him 5 times that he watched for
them while they fell back and loded again Dest mother said thy could go
to the window and shoote him Frank Alfrey took provisions from George Halls
in the morning and at Dinner he went in the direction of Dest house Frank
Alfrey also took 2 Blankets & over coat and a pair of Boots did not
see any of them except Frank after they left the house Frank said he stood
on the Bank and watched while they fell back and loded
Able Caudle of Rowan County Sworn and Examined on behalf of the Commonwealth
Testified that he met George Hall at Cyrus Alley on Saturday after the killing
Ben Hall came for witness to help burry the Dest witness told him they might
bery their own dead
here the Evidence for the the Commonwealth closed their not being time to
heare all the Evidence on the part of the Defence Court Adjourned till the
31st Jany 1868 their upon the prisnors are committed to R D Elam DS for
W W Cox Smc & his guards
Friday 31t Jany 1868 Court met persuent to adjournment the prisnors F Alfrey
Jas Hall & Ben Hall having been brought in to Court and the Court Having
heard all the Evidence and arguement of Counsel and being satisfied that
their are sufficient grounds to believe the Defendents are guilty of the
offence charged It is ordered that they be held for trial in the Morgan
Circuit Court and the Deft Ben Hall allowed to give Bail in the sum of one
thousand Dollars
The Defendants James Hall & Franklin Alfrey are not allowed bail they
are their fore ordered to be committed to the jailer of Franklin County
To the jailer of Morgan County
You are commanded to recieve in to the jail of Morgan County James Hall & Franklin Alfrey and them safely keepe untill discharged by Due Course of Law they having been held by me Wm Mynhier County Judge as Examining Court for trial in the Morgan Circuit Court on a charge of Murder given under my hand this 31st day of Jany 1868
Wm Mynheir J.M.C.C
| The Commonwealth of Kentucky agt Franklin Alfrey Jas Hall & Ben Hall |
charge of Murder |
Wm Mynheir J.M.C.C
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