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
Asher G. Caruth,
Commonwealth's Attorney pro tempore,
14th Judicial District:--
I request you to suspend any further proceedings in the cases now
pending in the Rowan Circuit Court against me, and promise that I
will remain away from the county of Rowan permanently. Should I
ever return to said county I am willing that the cases shall be
redocketed and the trials proceed. I will leave said county on
or before the 8th day of August, A. D. 1886. In this agreement I
reserve the right, in the event of the death of any of my immediate
relatives, to return to attend their burial, but I must immediately
thereafter leave the county to permanently remain away.
(Signed) CRAIG TOLLIVER.
Attest: D. B. Logan.
A similar agreement was prepared and signed by W. C. Humphrey, attested
by G. A. Cassidy.
We do not wish to criticise Mr. Caruth's course in this matter, but
it occurs to us, and must occur to the reader, that the practice of
compromising with outlaws proves a weak-kneed administration of the
law. It seems that a man or set of men may terrorize a community as
pleases them, then demand of the authorities immunity for crimes, on
certain _conditions prescribed by the criminals_. Mr. Caruth acted for
the best interests of the community, as he believed. Aware that juries
were partial or prejudiced, he realized that trials in Rowan County of
either of the factions would result in injustice one way or another.
The Grand Juries were corrupt and accustomed to wreak vengeance on
some and whitewashing others. The selection of trial juries was so
palpably unfair that visiting lawyers commented upon it and afterward
testified before the legislative committee to that fact. Several court
officers were undisguised partisans. It seems to us, however, that
these cases might have been removed from the county and tried elsewhere
upon a change of venue. At any rate, the compromise effected by Mr.
Caruth proved not only unsatisfactory, but ill-advised. The success
of his scheme was founded upon the belief that the parties to the
agreement would adhere to the pledge to leave the county. He did not
understand the character of Craig Tolliver. To secure his signature
to an agreement that would put an enemy out of his way was one thing,
to make him keep it, another. Tolliver remained absent from Morehead
long enough to assure himself that the indictments against him were
dismissed, when he promptly returned. Although the compromise was
based upon the understanding that if either returned except under the
conditions recited in the agreement that the indictments against the
party so returning should be redocketed and revived, _this was never
done_. Tolliver was free to continue his career of crime. Humphrey
kept his word, and never violated his pledge. He sold out his earthly
possessions in Rowan County and bade farewell to his native State.
Public-domain text, read in full here on John Shaqi.
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