Humphrey and the Martin family were now put under constant surveillance by the Tollivers. The Martin homestead, situated about one mile from Morehead, became an object of special vigilance. Finally, on the evening of the 27th day of July, 1885, the Tolliver spies reported to their leader at Morehead that two men had been seen around the Martin home. Instantly everything was in commotion at the Tolliver headquarters. Craig Tolliver, Jeff Bowling, T. A. Day and others, all sworn enemies of the Martins, surrounded the homestead in the dark of night and remained on watch until morning. Shortly after daylight a stranger, afterwards recognized as Ben Rayborn, in company of Sue Martin, a young woman of much native sense and energy, emerged from the house and "robbed" a beehive in the yard without having discovered the enemy. Rayborn was heavily armed. His presence convinced the Tollivers that Cook Humphrey was in the house; they now determined upon open attack. But to avoid possible failure of the plot it was deemed necessary to increase the force. A messenger was hurriedly dispatched to Morehead. A short time afterwards the Tollivers had assembled a force of twenty-five or thirty men, among whom were many of the most violent men of Rowan County. At nine o'clock Craig Tolliver had stationed this force at every point of vantage. Then he and Bowling appeared at the front door with Winchester rifles gleaming in the sunlight. For the first time the inmates of the house seemed aware of the presence of the enemy. There was apparently no chance of escape. Every door was securely guarded. Tolliver was met at the door by the brave Martin girls who demanded an explanation for the intrusion. Tolliver demanded the surrender of Cook Humphrey and any other man or men that might be with him. The girls stoutly denied the presence of any one save the members of the family. Tolliver knew this to be false. With his own eyes he had seen Rayborn that morning. He charged the girls with duplicity and forced his way into the house. No one was found on the first floor. Then they attempted search of the upper story. At the stairway a shotgun suddenly belched forth fire and flame into the faces of the Tollivers. Craig's face and part of his body was filled with shot, the gun stock shivered to pieces in his hand. He sank upon the steps and rolled helplessly at the feet of his companions. Bowling miraculously escaped unhurt.