Kentucky's Famous Feuds and Tragedies: Authentic History of the World Renowned Vendettas of the Dark and Bloody GroundMutzenberg, Charles Gustavus
History
Kentucky's Famous Feuds and Tragedies: Authentic History of the World Renowned Vendettas of the Dark and Bloody Ground
Mutzenberg, Charles Gustavus
Crime -- Kentucky; Vendetta -- Kentucky
After the return of the prisoners from Louisville to Pike County a
number of the parties were put on trial. Ellison Mounts was sentenced
to hang for participation in the murder of Allifair McCoy during
that infamous night attack, while Johns Hatfield, Valentine (Val)
Hatfield, the "Justice of the Peace of West Virginia," Plyant Mayhorn,
and others, were convicted to the State penitentiary at Frankfort,
Kentucky, for life.
Val Hatfield set up the remarkable defense that the brothers were
killed on the Kentucky side, and that at the time of the _shooting he_
was on the West Virginia side. This was the gist of his appeal to the
Court of Appeals of Kentucky. This Court, however, in a very pithy
opinion, among other things said, confirming the judgment of the lower
court:--
It is not pretended here that the State could enforce its laws
beyond the State boundary, but it is well settled that if either
of the appellants had stood on the West Virginia side and shot
the deceased in Kentucky, the offense would have been against the
laws of Kentucky. (I Bishop on Criminal Law, III.) Regarding the
appellants Mayhorn the Court expressed itself in emphatic language,
when it said:
"The law has been enforced in this case, and in its administration
the appellants (defendants in the lower court) can truly say to the
jury that in inflicting punishment by imprisonment for life 'it has
tempered justice with mercy.'"
The Kentucky Appellate Court affirmed each and every one of the cases
appealed.
Ellison Mounts, sentenced to die on the gallows for shooting and
killing Allifair McCoy, appealed on the ground that he pleaded _guilty_
to the charge, and having done so he was entitled to a sentence of
confinement in the State prison instead of hanging. It was claimed
for him that the State, in introducing the wife of Randolph McCoy,
so brutally beaten that night of January 1st, 1888, had taken unfair
(?) advantage of his condition and that, therefore, the case should
be reversed. As in the other cases, the Court of Appeals refused to
disturb the judgment of the lower court, maintaining that all the
authorities agreed that unless a tacit agreement between the State
and defendant had been entered into to reduce the punishment, the
State had a right even under the plea of guilty to introduce testimony
_illustrating the atrocity of the crime_.
On February 19th, 1890, Ellison Mounts was hanged. For some time
previous to the day of execution the sheriff had on duty a guard of
from fifty to seventy-five men, armed to the teeth, and in addition
had appointed and sworn an additional force of some twenty deputy
sheriffs for the special occasion. Repeated reports had come to Sheriff
Mayward that the Hatfields of West Virginia would attempt a rescue. In
view of what had transpired in the past, the precaution of the Kentucky
sheriff was entirely warranted.
Public-domain text, read in full here on John Shaqi.
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