December 10th, 1884, was the day set for the examining trial before County Judge Stewart at Morehead. Before that day arrived, the unusual activity of the Tollivers, the ominous collection of all the members and friends of that family, the frequent but secret meetings, had been quietly, but nevertheless keenly observed by Judge Stewart. He was convinced that if Martin were brought back to Rowan County at this time of ferment and excitement he would suffer a violent death at the hands of his enemies, and that any attempt on the part of the officers and friends of the prisoner would precipitate a conflict the magnitude of which could not be foretold. In this opinion Judge Stewart was sustained by Attorney Young. After a careful investigation of the state of affairs the court decided on an indefinite postponement of the trial. The order to the jailer of Clark County, directing him to deliver Martin to officers of Rowan County, was suspended on the 9th day of December, but unfortunately (fateful neglect!) the order of suspension was not communicated to the Clark County jailer. The wife of John Martin had been advised of the postponement of the trial. The faithful woman who had already suffered untold anxiety and fear for the safety of her husband, felt relieved and hastened to Winchester to inform him of the action of the Court of Rowan County. As soon as the Tollivers were informed that the trial would not take place, and that, therefore, Martin would remain at Winchester for an indefinite time, they convened in a council of war to discuss plans of campaign. A raid upon the Winchester jail was suggested, but the leaders, though desperate and brave enough to have attempted and dared anything, did not believe that such an undertaking would meet with success. They advised strategy instead of force. On the 9th of December, on the same day that Judge Stewart canceled the order for delivery of the prisoner by the jailer of Clark County, an order was delivered into the hands of A. M. Bowling, town marshal at Farmers, directing him to demand Martin from the jailer at Winchester and to convey him to the county jail at Morehead. The order also directed the jailer of Clark County to surrender Martin into the custody of Bowling. The plot was shrewdly planned. The order, forged, of course, would open the doors of the Winchester jail without difficulty, and the prisoner must, therefore, become an easy victim on his way to Rowan County. Bowling, a Tolliver clansman, engaged four other members of it to accompany him to Winchester,--Hall, Eastman, Milt and Ed Evans. Four men to convey a handcuffed prisoner! It was deemed best to send a sufficient number to prevent outsiders from interfering in the final act of the inhuman drama staged by Craig Tolliver and his henchmen.