He dropped behind an old tree stump and with vengeful eye drove shot after shot into the ranks of the astonished raiders, who were forced to take cover. Several of them had already been wounded. Vance, behind his natural rampart, remained unharmed. He laughed aloud, taunted his assailants with cowardice, and continued firing. His mortal hatred of the men before him inspired him to a heroism worthy of a better cause. At last a flank movement deprived him of the protection afforded him by the stump. His body now became exposed to fire from three sides, and a Winchester rifle bullet brought him to the ground. As he struggled to rise shot after shot penetrated him. Full of lead, wounded unto death, the blood streaming from his many wounds, he yet attempted to use his pistols. Then Phillips stepped forward and approached the dying desperado, the man who had given the heartless order to Ellison Mount to shoot the innocent Allifair, the heartless wretch that had pounded savagely the aged Mrs. McCoy and had laughed and tittered in the doing, the man who had incited Cap to the burning of the McCoy home and of all its inmates. Phillips raised the Winchester to end the outlaw's life. But the man was down. He could not do it. Vance saw his hesitation. He slowly raised upon his left arm and in his dying moments pressed hard upon the trigger of his Colt's pistol. Warned by companions, Phillips saw the motion and sent a ball crashing through the outlaw's brain. Immediately after Cap Hatfield's arrival at the camp of "Devil Anse" the entire available force was summoned and divided into detachments. Plans were discussed and perfected by which Phillips was to be enticed into an ambush and annihilated. This force remained under arms for many days. About ten days after the raid of January 8th, which had resulted in the killing of Vance, Phillips suddenly appeared on Grapeville Creek, where he encountered the Hatfields in force. A severe battle immediately developed. The Kentuckians outnumbered the West Virginia outlaws. The latter, however, were on foot and had the advantage of position from the start. From it they fired upon Phillips with telling effect, killing and wounding many horses with the first volley. These, maddened with pain and frightened by the sudden fire, reared and plunged and threw the column into confusion. The keen eyes of Frank Phillips cast about for a spot of vantage and discovered a stone fence a few hundred yards away, affording a strong position. With his accustomed quickness of determining an action, he prepared to seize it. The command was given to dismount all those yet mounted. Bending their heads to the bullets, they rushed on and over and behind the stone wall. Only one of their number had dropped in the essay. Another assisted him to his feet, and all reached the wall in safety.