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Desperate
Factions Fight Like
Fiends
In Harlan Co. In 1886
Behind
The Rocks and Trees The Miniards Opened Fire
Author
Unknown - 1886
Another
bloody battle was fought on March 26, 1886, near the Harlan and
Leslie county line, and again our town is almost full of prisoners
and armed guards.
From the best information I can glean at this writing, the facts
are about as follows: About one year ago, Isaac M. Day was brought
to the jail of Harlan County upon the charge of breaking into
and robbing the house of John Shell. At the last November term
of circuit court, John Day, brother of Isaac, by mortgaging his
land to Fielding and Bird Hensley, and promising to report any
misbehavior or violation of law by his brother to the Hensleys,
prevailed upon them to bail him out of jail. Upon March 24th,
John Day notified the Hensleys that Isaac had become lawless
and advised them to surrender him to the jailer of Harlan County.
John Day, at the Hensleys' request, procured a copy of the bond
and proceeded to arrest Isaac, summoning several of his neighbors
to assist in the capture. Among them are several of the Miniard
brothers, living on each side of the line of Harlan and Leslie
counties. They arrested and delivered Isaac to the jailer of
the county. On the same day, Jacob Burkhart (brother-in-law to
Isaac and John Day), together with James York, bailed the former
out of jail, again.
Isaac proceeded home and procured a warrant of arrest for the
Miniards and others upon the charge of Ku Kluxing him by going
with John Day and others and arresting him. Day was a constable
and summoned John Burkhart, Solomon Burkhart, Wilson Lewis, and
Adron Duff, all avowed enemies of the Miniards, to go with him
to make the arrest of the Miniards and others charged in the
Ku Klux warrant. They, at once, armed and proceeded to the Miniard
settlement. At the house of Israel Napier, where they had met
to go to a neighboring log-rolling, they found Napier, Israel
Miniard, William Miniard, and James Rice armed with rifles. It
was customary in that sparsely settled forest country to carry
the trusty rifle upon all occasions, without which the mountaineer
at all times feels ill at ease. When Day and the posse arrived
in sight of the Miniard party, about 30 yards from Napier's house,
Day commanded the latter to throw down their arms and surrender.
Instantly, fire was opened by some of the party, and the battle
opened on each side in the style of the mountaineer, who flinched
not at facing a foe upon equal footing, yet believed it honorable
to shoot from brush or tree. Day's party ensconced themselves
behind a millrace. The Miniard men screened themselves by the
trees of a young apple orchard. Soon Jacob Burkhart fell, shot
seriously through the thigh; a ball glanced the forehead of Silas
Boggs, its course traced by a black mark; and a ball crashed
through the forehead of Solomon Burkhart, Jr., and he died upon
the spot. Each party then, by common consent, slowly retired
in different directions from the sanguinary field.
The Miniards proceeded immediately to the courthouse at Harlan
and surrendered themselves to Deputy Sheriff H. B. Howard, who
returned them before Esquire F. G. Lewis and County Judge James
H. Middleton for examining trial. The court postponed the case
upon the ground of absence of witnesses until March 31st and
remanded them to the hands of the Deputy Sheriff for safekeeping.
He was allowed one guard for each prisoner and as many more as
he might deem necessary for the retention and protection of the
prisoners. It is the custom in the mountains not to put a prisoner
in jail until all other effort is exhausted. High tide in the
Cumberland has prevented the officers from notifying the Day
and Burkhart faction, and the trial will not be concluded for
some ten days yet. It is currently reported, and wounded men
say they will not prosecute the case and that blood for blood
can alone atone.
The warrants are greatly deplored by the good citizens. It is
feared that so soon as these prisoners are either acquitted or
held to bail by the examining court and return home, the conflict
will be renewed by each faction. With redoubled fury the crack
of the unerring rifle will be frequently heard from behind the
bushes, logs, rocks, and trees until the weaker side succumbs
by annihilation.
The section of country from which this episode occurred is densely
mountainous, more destitute of roads and schools, and more sparsely
settled than any other section of the country. The land is inhabited
by fierce men who are unforgiving to enemies and wholly devoid
of a knowledge of compromise.
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