The Tollivers, however, were not to be deceived. They had seen Cook Humphrey, carrying his gun, enter the Martin house the evening before. The house, a two-story frame with the old part of logs stood at the foot of a hill about thirty feet from the road. Tolliver's band, including Mark Keeton, Jeff Bowling, Tom Allen Day, John and Boone Day, Mitch and Jim Oxley, and Bob Messer, were well armed. They demanded that Humphrey and Rayburn surrender, saying they had warrants for their arrest for the attempted assassination of Taylor Young. The two men asked to see the warrants and when the documents of arrest were not forthcoming they flatly refused to surrender. Then Craig Tolliver stationed his crew in the bushes all around the Martin house. Watching his chance he finally slipped inside and up the narrow stairway. Humphrey spied him, rushed forward and striking his gun discharged it in Craig's face. Craig fell backward. Wiping the blood from forehead and cheeks he hurried out into the yard. Sue Martin dashed past him headed toward town for help. But no sooner did she reach the county seat than she was arrested and put in jail. Craig and his crew were still surrounding the Martin house, and finally one of them called out that if Rayburn and Humphrey did not surrender they would burn the place down. It was known that Tom Allen Day was one of the best marksmen in the county, so Mrs. Martin, in an effort to help Rayburn and Humphrey escape, ran toward the barn where Day was ambushed. He had his gun uplifted and leveled at the fleeing men. Mrs. Martin struck the gun upward and the shots went wild. But the rest of the Tolliver crew poured lead toward the two men. Rayburn was slain but Humphrey escaped. Knowing he still held on to his Winchester the Tollivers feared to go into the brush after him. The body of Rayburn lay all night where it fell. Friends feared to approach it. The next day, however, they piled fence rails about the corpse to keep hogs from destroying it. At dusk that day the Tolliver crew set fire to the Martin house and burned it to the ground. The women escaped, seeking shelter under a tree. Mrs. Martin's married daughter, Mrs. Tussey, was carried out with her young babe. Another of the Martin girls went to Morehead to see Sue, and she too was arrested and put in jail. The militia was called out, arriving on the following day. The Martin girls were promptly released. Sue had revenge in her heart for the insult and humiliation of false arrest. Later while the Tollivers were barricaded in a hotel down near the railroad tracks in Morehead a plump roast turkey was sent in for their dinner. They wondered whose generosity had prompted the act. But on sniffing the well-roasted fowl they began to suspect a trick. Upon examination it was found that the turkey contained enough arsenic to kill a dozen men. Sue Martin was suspected but nothing was done about it. There was not sufficient evidence to warrant arrest.