Whether he was or was not a Tolliver sympathizer, another murder committed soon afterwards was laid at the door of the Tollivers, to avenge, it was charged, the wounding of Mr. Young. Under the circumstances this gentleman determined to and did remove from the county where his life was evidently no longer safe. He located in an adjoining county. At the succeeding election his son was elected to the office his father had vacated. The murder above referred to was that of Stewart Baumgartner. Cook Humphrey, the Republican Sheriff, had appointed him a deputy. On the 17th day of March, 1885, Baumgartner rode along Christi Creek, when, almost at the identical spot where Mr. Young had been fired upon, he was shot and instantly killed--from ambush. No one was ever indicted for that killing, but it was generally believed, charged and never denied that Craig Tolliver's subordinates were the murderers. Shortly after the death of Baumgartner, and during the month of April, 1885, Cook Humphrey and a stranger, afterwards ascertained to have been Ed. Pierce of Greenup County, Ky., appeared on the streets of Morehead, heavily armed and followed by a number of Martin sympathizers. This act of defiance called forth bitter denunciation from the Tollivers and their friends, among whom was ex-Sheriff Day and Jeff Bowling, men of reckless courage. The leaders of the opposing factions assembled every available man, and provided them with arms. The most determined preparations were made to fight out their differences on the streets of Morehead. Humphrey's headquarters were at the Carey House, a hotel owned and operated by James Carey, an ex-captain of the Union army and a very influential citizen. The Tollivers occupied the Cottage Hotel near the Chesapeake & Ohio Railway depot, then owned by Dr. R. L. Rains. As quickly as possible a message was forwarded to Craig Tolliver, absent from Morehead at the time. He came, accompanied by a number of Tollivers from Elliott County. The battle opened fast and furious. A continuous fire from many guns kept the citizens of the town in terror for many hours. The balls whizzed through every portion of the ill-fated village. Storehouses and dwellings were riddled. None dared to enter the streets, or expose his body for an instant. The Carey House apparently bore the brunt of the firing. Hundreds of balls struck and shattered the slight frame structure. The Tollivers, beside superior numbers, had the advantage of position. Their marksmanship was better, too. Humphrey and his clan soon realized that a charge upon their position would mean their annihilation. So at an opportune moment the Carey House was abandoned and the Tollivers remained in undisputed control. In spite of the long-continued, heavy firing, an unremitting fusilade of many hours' duration, there were no casualties. The battle, however, exercised such a terrifying influence over the peaceable citizens of the town that all that could left.