1880s KENTUCKY FEUD AND TRIAL IN LESLIE COUNTY KY

STRANGE 1880’S KENTUCKY FEUD AND TRIAL IN LESLIE COUNTY INVOLVED Minyards, Napiers, Rice vs. Burkharts and Days of Greasy Creek Valley

BY: Milton Smith, Jr. smithfamoftenn@hotmail.com September 19, 2021

In possibly southeast Kentucky’s most remote mountain valley a combination of a crooked constable, friction between the extended Minyard and Burkhart families, confusing county lines, two loose women, and a dawn posse raid resulted in the March 29, 1885 shootout death and an October 1887 murder trial at Hyden of Leslie County KY.

Chapter 1 THE GEOGRAPHY AND HISTORY

Leslie County was created in 1878 as the 118th of Kentucky’s 120 counties. Located in southeastern Kentucky it includes the headwaters of the Middle Fork Kentucky River.

These Appalachian mountain foothills contained valuable timber and substantial coal. The winding streams and steep ridges made travel or railroad development difficult.

County Boundary: In 1878 the Kentucky Legislature authorized the creation of the 118th county of 120 total to be named Leslie. Parts of Clay, Perry and Harlan were to be included in the new county that included much of the upper Middle Fork Kentucky River basin. The boundaries were complicated as Leslie was specifically to include “the land of George and Solomon Burkhart and (attorney) Giles French then in a straight line to the ridge…” that is the border of the Big Laurel Valley. That straight line was drawn in a way that maximized the amount of land moved from Harlan to Leslie. NOTE: attorney Giles French was the father (or brother) of attorney Benjamin Fulton French (better known as Fult French) who headed the French- Eversole feud of Perry County in the 1880s and beyond. PERHAPS the events were a symptom of the French-Eversole Feud?

The illogical straight line caused difficulties in the events of this story but continue to this day. The Greasy Creek has many curves! Almost all the property including the road is on the east side of the creek is Leslie County. Most of the south/west side of the creek south of Gabe’s Branch are in Harlan. The road is on the north/east side. Most of the events occurred in the “down” Greasy Creek section that now follows highway 2008 and then 2009’s 29 curvy miles from Big Laurel to near Hoskinton and the Middle Fork KY River.

As neither the 1880 Harlan nor 1880 Leslie census listed the Minyards and Napiers it appears even the census takers were confused where the county border was!

Some interesting facts about Leslie County include: Only Kentucky County to never have a single mile of railroad!

1. During the Civil War nearly all of the residents of the what would become Leslie County served in the Union KY State Guard and/or Federal Union army in the “White Oak Precinct”. White Oak is a large stream of Greasy.
2. Historically the most Republican county in Kentucky.
3. In fact Former President Richard Nixon made his first public appearance (after his resignation) in 1978 in Leslie County.
4. The “Greasy Creek” actually begins on the west side of the 110 mile Pine Mountain in Harlan County just below the Laden Trail. But “down” Greasy Creek has long been referred to as the section below where the Big Laurel Creek flows in.
5. During the 1800’s there was often confusion as to “where the county line is” down Greasy Creek section. Census records for 1830 thru 1880 missed many and double counted a few!
6. By 1885 the Greasy Creek residents; more than 75 miles from the nearest railroad, still lived a lifestyle similar to the days of Daniel Boone. However the “outside investors” such as John C.C. Mayo and Louisville Tin company were acquiring Greasy Creek mineral and timber rights. Logging was a source of income.

Apparently several people were confused as to where the county line of Harlan and Leslie was located. For example the Harlan County 1870 census district 5 census covered the Greasy Creek valley. The John Shell house was listed #1, Israel Napier was house 10; Joseph Minyard #14, Israel Minyard #15, Walter Minyard #16, William Minyard lived with his mother Susan Middleton Minyard (the apparent widow of William Minyard the father) in house #17. Defendant Israel Napier’s parents James and Louisa Minyard Napier was listed in house #19. It is interesting to observe the Giles W. French (whose property was specifically to be included in Leslie county boundary was in house 23. Further down stream at house #65 of George Burkhart (1829) and house #71 was the older Solomon Burkhart (1827) that included then 17 year old Jacob, 10 year old George, and 7 year old Solomon. House 73 William and Rinda Metcalf Day included 17 year old John and 8 year old Isaac. House 76 was the northernmost and last house in the district.

As neither the 1880 Harlan nor 1880 Leslie census listed the Minyards and Napiers it appears even the census takers were confused where the county border was!

Chapter 2 EVENTS THAT LED TO DEATH OF YOUNG SOLOMON BURKHART

Most events occurred in the 5 mile section of Greasy Creek on county highway 2008 and the several miles down county highway 2009. In this first 5 miles the road is on the north/east side of the creek. All but slivers of the south/west side of the creek are in Harlan County.

On one side were Isaac M. Day and Buckhart group and their brothers-in-law. This Buckhart group were mainly in their mid 20’s. On the other were Minyard brothers (Walter, William, and Israel — these were sons of William and Susannah Middleton Minyard). The three Minyard brothers; their uncle Joseph and their brother-in-law and cousin Israel Napier, his brother John and then his brother-in-laws Rice. (Although not mentioned in the court records Israel Napier was the son of James Napier and his wife Louisa Minyard who was a daughter or niece of old 1776–1860 Israel Minyard). Most of this Minyard group were family men in their late 30’s to 40’s. John M. Day played a key role on both sides of the dispute!

The events leading to the March 29, 1885 death of the younger Solomon Buckhart:

1. Leslie County Constable Isaac Metcalf Day (age 23) had a reputation of burglary and crime across the line in adjoining Harlan and Letcher Counties. He was out on bail for charges including burglarizing the home of John Shell on the Harlan County side of Greasy Creek. (John Shell was a character!! He later exaggerated his age claiming he was 132 years old in 1920. That exaggeration of 34 years earned him an expense paid trip to the 1920 World’s Fair at Chicago and payments for product endorsements!! He is legendary as one of Leslie County’s most famous citizens. However his house was clearly in Harlan County and still stands in 2021!
2. Isaac Day’s brother John M. Day (age 33) sought the help/hired the Minyards to apprehend Isaac Day as his Harlan County bond was being revoked. John had pledged his farm to Fielding Hensley who had put up Isaac’s bond.
3. Several of the Minyards approached Isaac M. Day asking to turn himself in due to his bond being revoked. However; 33 year old Jacob Buckhart was present and refused to allow the Minyard group to arrest Isaac Day.
4. Jacob Buckhart then obtained a warrant to arrest the Minyard group. Some stories said basis of the claim was that the Minyard group was “Klu-Kluxing” Isaac Day. This was a way of saying they were interfering with his civil rights.
5. The same “Constable” Isaac M. Day led the pre-dawn posse (or gang) to arrest or attack the Minyards & Napier. Bullets flew!!
6. Solomon Buckhart (age 22) died in the March 29, 1885 dawn “possee raid”
7. By the time the Buckharts obtained an indictment and trial — Isaac M. Day was in prison at Eddyville for his conviction for Harlan County crimes.
8. The Mary “Polly” Minyard Joseph mentioned in the testimony and early indictment attempts was a sister to the Minyard brothers.

Although the court records use the spelling Minyards; the name is usually spelled Miniard after 1900.

The John Shell house was the site of Constable Isaac Day’s burglary. It still stands!

House still stands in HARLAN County across the creek from Leslie County!

He got an expense paid trip to 1920 Chicago’s World Fair. Leslie County claims him as probably their most famous citizen. BUT I do not find that he ever lived in Leslie!

CHAPTER 3 THE TRIAL

I summarize the court records. Any additional information is appreciated. Thanks to my cousins for sending me the material.

Summary: The trial was held October 1887 at the recently completed Leslie County courthouse at Hyden. Most of the events in this case occurred in the southeast section of Leslie County on Greasy Creek near and near the Harlan County line. In fact the owner of the land where the gun battle occurred (Israel Napier) mistakenly thought his property was in Harlan County. As the area was sparsely populated, most families of Greasy Creek and adjoining Big Laurel Creek of Harlan County are mentioned in the proceedings. On maps the now extinct community of the shootout is now listed as Napier. Named apparently due to the homesite and country store and mill of Israel Napier; one of the defendants in this trial who was a storeowner and postmaster or his father James Napier.)

As the population of Leslie was less than 4,000 people a large part of adult males were participants in the trial.

Reading of the Indictment

April term 1887 indictment CHARGE: Israel Minyard, William Minyard, Walter Minyard, James Rice, Israel Napier, John Napier and Joseph Minyard.

“Unlawfully, willfully, maliciously, feloniously, and with malice aforethought conspired, confederated and agreed to and with one another to kill and murder Solomon Buckhart”. Author notes the Buckhart family made several efforts for 2 years before the could get a prosecutor and grand jury to indict.

Murder trial: Defendants Israel Minyard, William Minyard, Walter Minyard, James Rice, Israel Napier, John Napier and Joseph Minyard.

Jury: Adam Feltner, Russel Feltner, Thomas Clarkston, M. Wade Woods, James Bowling, David Gibson, William Roberts, D.W. Roberts, David Wooton, Jesse Couch, Elijah Hibbard, J.R. Collett

CHARGE: “Unlawfully, willfully, maliciously, feloniously, and with malice aforethought conspire, confederate and agree to and with one another to kill and murder Solomon Buckhart”

A.H. Clark, Commonwealth Attorney 15th District of Kentucky

W.B. Eversole was probably the defense attorney.

Witnesses for the indictment: Jacob Burkhart, George Burkhart, Adron Duff, Silas Boggs, John M. Day, William York (Esquire), Wilson Lewis, John Baker, Jesse Pennington, James York, William Gross.

….discussion of original warrant…then the PROSECUTION testimony started.

JACOB BURKHART When William York issued said warrant for the arrest of the defendants and others that said York gave the same to witness Jacob Burkhart and directed me to place said warrant in the hands of Isaac M. Day the Constable of my precinct. I took the warrant and gave it to Constable Isaac M. Day.

Constable Day summoned Solomon Burkhart, George Buckhart, Adrian Duff, Silas Boggs, Wilson Lewis and myself to go with him to assist in making said arrest. We all met at Jake Burkhart’s the night before the killing and started up the creek towards Israel Napier’s the next morning a little before daylight. We first came to the house of Joseph Minyard, the place where defendant John Minyard then lived. We inquired for John Minyard and received information that he was not at home and that he was above somewhere on the creek. We then went on up the creek and next came to the house of the defendant Israel Minyard and called there for said Minyard and received information that said Minyard was also up the creek somewhere. We then went on up the creek to where the defendant Israel Napier lived. When we left Israel Minyard’s a woman by the name of Polly Joseph who was a sister to the defendant Israel Minyard, William Minyard, and Walter Minyard started from there and went up to Israel Napier’s with us.

When we were about 60 yards from Israel Napier’s house we made a halt. About the time we were approaching the house the woman Polly Joseph (Mary Minyard Jospeh) hollered “Here come the Burkhart boys come out and kill them.” At least she said something to that effect, she had been hollering along before that and the Constable had put her under arrest.

About the time she hollered the defendants Israel Minyard, William Minyard, Walter Minyard, John Napier and Israel Napier came out of the house and passed out toward the fence near where some apple trees stood. They had guns except Israel Napier who had a pistol. At this time the defendant William Minyard told us “To halt up and not come any nearer”. Constable Day halted and hollered out “I only have a peace warrant and you should surrender”. At this time someone shot from the yard; William Minyard I think. And immediately afterward two shots were fired — one of which killed Solomon Buckhart. I saw Israel Napier, Israel Minyard, John Napier, James Rice and John M. Day all shoot. I saw a man shoot that I took to be Joseph Minyard.

When Solomon Buckhart was shot he immediately fell and died; the ball took effect over the eye. Sol Buckhart, George Buckhart and myself were brothers. Isaac M. Day and myself were brothers-in-law. All of us were who went to make said arrest were related to each other.

Apparently under cross examination from the defendant’s attorney Jacob Buckhart continued. Additional information included:

From my house it was one mile to Isaac M. Day’s house one and one fourth mile to Sol Buckhart’s house. Eight or nine miles to George Buckhart’s and eight miles to Adrian Duff’s.

“The Buckhart and the Napiers and Minyards were not at a good understanding”.

He stated that all in the party had a “gun and a pistol” except for Adrian Duff who only had a pistol.

He acknowledged that the Constable Day was “Now at Eddyville, Ky. He was sent to the penitentiary by the Harlan Circuit Court.”

“We had no intention of hurting the Minyards or Napiers.”

GEORGE BUCKHART testimony is almost identical to his brother Jacob’s with slight variations. His testimony added that when Polly Joseph hollered “Boys here come the Buckharts kill them” that “she turned from the main road and went running toward the house.” “Soon after I then saw Israel Minyard fire the first shot”. At the time the first shot was fired Solomon Buckhart had his gun in an elevated position. He stated that Sol Buckhart fell from the second shot.

Under cross examination he stated “I was at a misunderstanding with some of the defendants. I think there was a feud between the Burkharts and the defendants.”

SILAS BOGGS was called by the prosecution. He stated he was a brother-in-law of the deceased Solomon Buckhart. His description was that Polly Joseph ran up the hill to a mill when she left the group. He did not see Joseph Minyard there. He said Solomon Buckhart died from the second shot.

ADRIAN DUFF testified very similar to the prior witnesses. He said that William Minyard fired first and Walter Minyard fired second and he believed that was the shot that killed Solomon Buckhart who had his gun over on his shoulder when he was shot. He stated that the shooting continued on both sides until the defendants left.

WILSON LEWIS — testimony similar to previous persons. He stated his wife was kin to the Buckharts.

JOHN M DAY — he was called by the prosecution. (It is interesting as he was at the house of Napier when the posse arrived and was the brother of Isaac M. Day who was leading the arresting party.) He testified “I saw Joseph Minyard, William Minyard and Walter Minyard the day before the killing at Wright Short’s log rolling. I heard John Minyard tell Walter and William Minyard that the Days and Burkharts has got out a warrant for them and to all meet at Israel Napier’s that night and do something.” I heard William Minyard say he would not be arrested.

He stated that when the posse arrived he had no recollection of seeing Joseph Minyard at the site of the shooting.

“When the Burkharts and Days came in a rush, Isaac M. Day hallowed to defendants to hold up”. “The defendants fired the first shot. Israel Napier did not shoot until after Isaac M. Day had fired two shots at him.” After the difficulty was over the defendants went over on Clover Fork in Harlan County and then to Harlan town and gave up to a deputy sheriff. Israel Napier had always considered himself as living in Harlan County. He had always voted in Harlan and paid taxes in Harlan County.

The Minyards, Napiers, myself, James Rice and his brother Ben all met at said Israel Napier’s on the night Joseph B. Minyard said to meet and were there the next morning just after daylight when the shooting occurred. The killing was done in Leslie County and before the indictment.

“The first shooting was done by some of the defendants and after the constable Day had told them he had a peace warrant for them and demanded their surrender.”

JESSEE PENNINGTON testified as a witness for the prosecution. He testified as follows — “I heard a conversation between Israel Napier, John Napier and Israel Minyard in regard to being arrested by Day and Buckhart. Israel Napier picked up a pistol and said ‘this is my bond’; John Napier said he “carried his bail in his pocket”. Israel Minyard said he “had no weapon but a whetstone.” “John Day, Elizabeth Pennington and John Pennington were present. The conversation took place three or four weeks before the killing”. Jesse Pennington stated he was a relative to the Buckharts and a Brother-in-law to Wilson Lewis.

Author notes that newspaper reports after the shootout reported that 2 others of the possee were wounded; not mentioned in the trial!

The prosecution rested and then the defense called its first witness.

JOESPH MINYARD a defendant testified “The night (before) Solomon Buckhart was killed I was at Alex Turners. I staid all night there and was there next day when I heard Solomon Buckhart was killed.” “I did not say to William Minyard or Walter Minyard or any body else that the Buckharts had a warrant and that they had better all meet at Israel Napier’s that night or any other night.”

When we went to arrest Isaac M. Day we did not arrest him. Isaac M. Day refused to be arrested and Jake Buckhart was present and told Ike “Not to give up. I have a good pistol in my pocket and will use it if they attempted to arrest him.” Joseph acknowledged that he did understand the Buckharts had a warrant for them and it was talked about between him, and Walter and William Minyard at the log rolling.

JAMES RICE also a defendant testified that he had stayed at Israel Napier’s the night before Solomon Buckhart was killed. He had gone there with his brother Ben who lives in Bell County who he had not seen in six months. He stated that he was in a backroom when the Buckharts and Day came up in a rush and could not tell what was said outside. He did hear the woman hallow but could not understand what she said. He was sure the Burkharts and Day fired first as the first shots were from a distance from the house. He stated “I did not shoot at all. I had nothing to shoot with.” Under apparent questioning from the prosecution he explained that Israel Napier ran a country store and people came there to trade.

WALTER MINYARD then testified that he had been at Wright Short’s log rolling and had gone to Israel Napier’s to purchase pain killer medicine for Mr. Short. He stayed overnight, as it had been too late to go home. It was “between daylight and sun up” and he was on the porch when he heard Polly Joseph hallowing and that alerted him to the arrival of the Buckharts and Day. She said, “Here come the Burkharts to kill you”. They said nothing about having a warrant or anything else.

He said the other parties fired first. He did say that all the defendants had guns and had brought them there the night before and slept with them under the beds.

ISRAEL NAPIER then testified. “We did not know the Buckharts were coming until we heard the hallowing in the road.” “I had heard they were (trying?) to get a warrant. Howard Yates, Isaac Yates and the Turner boys all told me that Isaac M. Day said he intended to get out a warrant and then get up his crowd and come and kill us.” “I was at work up on Greasy Creek when Howard Yates told me what Day said and at my store when Howard Yates told me what Day said.”

When we heard the hallowing out in the road, I went out on the porch. Polly Joseph hallowed “Here comes the Buckharts to kill you.” As we were coming out of my house Isaac M. Day cried out “Stand and fight like men!” That was all I ever heard him say. He said the group in the road fired first and he did not know which defendant fired their first shot. “I did not shoot at anybody but Isaac M. Day and he had fired twice at me before I shot at him. I was standing in my own porch and near my own door when he shot at me. One of the balls struck the wall near me and the other went clear through and struck on the other door facing.”

Apparently under questioning by the prosecutors, Mr. Napier testified: He thought he fired eight shots and all were aimed at Isaac M. Day. They gave no notice of any warrant. The parties who came to arrest us were all some relation to each other.

He stated that “Plenty of good men in the neighborhood who were not mad at the defendants” and mentioned the Yorks and the Shells. He added that John Turner was the Turner who told him at him store what Isaac M. Day had said.

He then explained all of the defendants had gone to arrest Isaac M. Day a few days before the day that Solomon Buckhart died. He acknowledged that the defendants and Isaac Day were not at a good understanding. After the shootout during which Sol Buckhart was killed all of the defendants went to Clover Fork of Harlan County and surrendered to Deputy Sheriff Howard. In Harlan County the Examining Trial concluded the event had occurred in Leslie County and the case was sent to Leslie County to be tried. He had always regarded himself as living in Harlan County. He was unsure if all of the same group of defendants had stayed at his house at the same time before.

Defendant JOHN NAPIER then testified. John said he was not aware that the Buckharts were coming until Polly Joseph yelled. He explained that Polly Joseph actually lived at Israel Minyard’s and she was now dead. His gun would not fire as it had been loaded too long. He mentioned that defendant James Rice was his brother-in-law. After the shootout they met Joseph Minyard above William Minyard’s and they all went to Harlan and surrendered to Deputy Sheriff Hi Howard.

Defendant ISRAEL MINYARD (this author’s 2 G Grandfather) testified. “The first I knew of their (Buckharts and Day’s arrival) was a fire from Isaac M. Day’s pistol. I was the first of the defendants who went out of the house. The ball passed so close to my head that it staggered me till I fell nearly to the floor of the porch. As soon as I could regain my balance, I stepped off the porch and shot.” Apparently under cross examination he said he had been at the log rolling at Wright Short’s, did see Joseph Minyard there but nothing had been said about warrants. On his way home he met Israel Napier who said that Ben Rice was at Napier’s home and he went and stayed all night.

Defendant WILLIAM MINYARD testified (I change the sequence) He had been to Wright Short’s log rolling, but had no conversation with Joseph Minyard about warrants. He had seen John M. Day at the log rolling but had no talk in his presence. He explained that he was on his way to a log rolling six miles from his home at Alex Turner’s. He arrived at his brother-in-law’s Israel Napier about dark and stayed all night as it was half way between. He had not seen Polly Joseph for about three weeks prior to the day of the shooting.

When Polly Joseph hallowed, he came out of the house. “The Buckharts and Day came up fast and scattered across the road with their guns presented”. All Isaac Day said before firing was “Stand up and fight like men”.

In response to prosecution questions he responded:

“We aimed to shoot for a cake of sugar at Alex Turner’s log rolling and was taking my gun over there to shoot with.”

“We had no arrangements to meet at Israel Napier’s.”

“I had heard they intended to get a warrant but did not know he had gotten”

“I did not sleep in the room I left my gun in”

“Dave Turner invited me to the log rolling.”

Defendant BEN RICE testified. He lived in Bell County and was married to Israel Napier’s sister. His testimony included that all the defendants except Joseph Minyard were there. Nothing had been said about the Buckharts coming. James Rice did not have a weapon. He heard Polly Minyard Joseph yell but could not understand what she said.

Ben Rice said “Day asked them to surrender and said he had a warrant for them. One of the Minyards said he had done nothing to surrender for and would not.” “I think the first shots came from the Buckhart crowd”.

BENJAMIN MINYARD testified for the defense. He stated he was a son of defendant Israel Minyard and lived about ¾ mile from Israel Napier’s”. “I was up to the place of the fight about fifteen minutes after the difficulty. I saw Solomon Buckhart and he was dead.” “I saw the gun which was pointed out to me by George Buckhart and Adrian Duff as the gun which Sol carried at the time he was killed. The gun was empty and had just been empty a short time I suppose”.

WILLIAM YORK testified for the defense. “I am the Justice of the Peace that issued the warrant of arrest for the defendants that Jake Buckhart had. Jake Buckhart came over to my house, he had no other business but to get the warrant that I know of. I issued the warrant and gave it to Jake Buckhart and told him not to give the warrant to Isaac M. Day. The parties were all mad at each other. I told him he ought not to get a warrant out…just let the whole matter go before the Grand Jury.” “Jake Buckhart said the Minyards have been lawing him and he intended to law them every time he could get a chance.” Author notes that Mr. York was the 1880 Census taker for the district and he apparently did not know in 1880 where the county line was as he missed many people.

The defendants then introduced MOSES FIELDS who testified as follows. “I am a cousin to Isaac M. Day”. The defendants then offered to prove by said witness the following. That in Letcher County Kentucky he was with Isaac M. Day the (Leslie) county constable who went to make the arrest; that said Isaac M. Day told him that when they rode up that he fired the first shot that was fired.

To this testimony (of MOSES FIELDS) the Commonwealth Attorney objected and objected and the “testimony was incompetent”. The defendants excepted at the time and still excepts. (I infer that this and several other witness testimonies were ruled as hearsay and not admissible).

The defense then offered to prove the same facts by ROBERT FIELDS, JOHN FIELDS, and CALVIN H. NOLEN which was likewise objected and objections were sustained to which the defendants at the time excepted and still except.

The defendants then introduced as a witness ISAAC YATES who testified as follows. “I know Jacob Buckhart and Isaac M. Day. Isaac M. Day was my brother-in-law. About four days before the killing I heard Isaac M. Day say he was going to get him a warrant for the Napiers and Minyards and get up his crowd and go kill them.” “That so he had a warrant people would say the Napiers and Minyards was in fault. My brother HOWARD YATES was present.”

“Isaac M. Day wanted to get a gun that my brother had. Ike said he wanted something that would carry about thirty buckshot.” “This was in the month of March and I reckon in the year 1885.” The day afterwards I saw ISRAEL NAPIER and told him what Isaac M. Day had said. It was below Alex Turner’s that I told Israel Napier. Isaac M. Day was one of my Brother-in-laws and we were good friends.

HOWARD YATES testimony was very similar to his brother Isaac. His testimony added that when Isaac M. Day visited four days before the killing that it was at the home Howard and Isaac Yates shared with their mother. The court record attributes him as saying Isaac M. Day said “…go and disarm them and kill every one…” and “…the men he would get each one of them would be equal to two of the Napiers and Minyards”. He thought the conversation was in March 1884.

JOHN TURNER testified he heard Isaac M. Day say “He’s gotten out a warrant and intended to kill them out as he came to them”. Mr. Turner added that he told Israel Minyard and Israel Napier what Isaac M. Day had said. He thought it was in March or April 1886. He had gone about 10 miles to tell Israel Napier.

ROBERT TURNER testified he had met Isaac M. Day “…a little above the mouth of Abner’s Branch; he said that the Minyards had mistreated him when they were at work on the road.” He “Aimed to get his crowd and clean them out”.

Robert added “The night before Solomon Buckhart was killed, I slept with Joseph Minyard at Alex Turner’s”. He thought it was in March 1886.

WILLIAM TURNER testified “I saw Isaac Day on Lewis Creek. Day said he was going to get him a warrant and did not care whether they surrendered or not.” He added that Day was on his way to his mother-in-law on the head of Wolf Creek.

RANSOM TURNER testimony record is brief. “I saw Isaac M. Day two weeks before the difficulty with Israel Napier”. “I saw Joseph Minyard the morning after the difficulty at Alex Turner’s.”

The defense then attempted to introduce a deposition/sworn statement of ELIZABETH MCDANIEL. The statement was taken by W.B. Eversole the police judge of Hyden at the house of Edward Morgan. The questioning was very pointed. She stated

• She was at Jacob Buckhart’s the night before Solomon Buckhart was killed.
• She had seen Jacob Buckhart, George Buckhart, Adron Duff, Solomon Buckhart, Silas Boggs, and Wilson Lewis the night before and morning of the day Solomon Buckhart was killed.
• She heard conversations of several that they “would take them one at a time or fill them with holes”.
• Heard Jake Buckhart instruct the men that morning to shoot off their guns and reload them.

To several pointed questions particularly in regard to her relationship with Joseph Minyard. She replied

• She came to Leslie County in the spring of 1886 from Harlan County and had lived with Nancy Morgan ever since.
• She had talked one time with Joseph Minyard about the case and he did not tell her what to swear.
• To the question “Are you courting Joseph Minyard and have you and he been very intimate with each other? She replied “We have not”.

The defense introduced LUCY MCDANIEL as a witness. Her testimony included

• “Isaac M. Day said he was going to the Napiers and Minyards with his crowd and shoot them down one at a time as he came to them.
• She was at Jake Buckharts in bed when the Buckharts and Day crowd left for the Napiers and Minyards.
• “Bettie McDaniel was her sister”.
• “She had never been married. Had one child now; but had no children at the time of the incident.”

THE DEFENSE RESTED. THE PROSECUTION introduced witnesses in an apparent attempt to discredit several of the defense witnesses.

JOHN BAKER was unable to understand the questions asked by the court and was ordered, “to stand aside”.

WILLIAM WELLS testified he was acquainted with the general moral character of John Turner, Howard Yates, Isaac Yates, and William Turner…and their character is bad.

CHRIS LEWIS testified the character of John Turner and Howard Yates is not good.

CRITTENDEN YORK testified that John Turner, William Turner, and Howard Yates was not good.

H.L. HOWARD of Harlan County testified he was an attorney in the prosecution of this case and was acquainted with the general and moral character and virtue of Lucy McDaniel and Elizabeth McDaniel. He reported it was not good — they once lived in Harlan County and have left home and are running about.

WILSON LEWIS testified that the character of John Turner is “moderate” and William Turner’s character is “very good”.

CHAPTER 4 INSTRUCTION TO JURY AND VERDICT

Then the Judge gave very wordy instructions to the jury. Summarized

#1 If find guilty of Conspiracy and Murder sentence should be Death or life imprisonment.

#2 If find guilty of Murder but no conspiracy sentence should be Death or life imprisonment

#3 If any one of the defendants “In sudden heat and passion…and not in apparent self defense” killed Solomon Buckhart or any one of the defendants who aided, abetted and encouraged should be found guilty of Voluntary Manslaughter and sentenced to two to twenty-one years…”

#4 Reads like number 3 above except for no mention of “sudden heat and passion”

#5 Should acquit any or all if Jury believes it was clearly self defense and used no more force than necessary.

#6 Should acquit any or all if Jury believes it was clearly self defense unless the Jury believes “that the defendants provoked and brought on the difficulty or had entered into a conspiracy for the purpose of committing the deed and was there at the time for that purpose”…

#7 If the Jury believes that the deceased Solomon Buckhart was in good faith carrying out a legitimate court order for the arrest of the defendants and the defendants had no knowledge of the court issued warrants; the defendants were guilty of Voluntary Manslaughter.

#8 The Jury should acquit the defendants if they believe the arrest attempt was a mere pretext to enable Isaac M. Day and those with him to disarm and harm the defendants.

The defense objected to the instructions to the Jury but were overruled.

The defense then moved and recommended a modified instruction to the Jury — but the Judge overruled.

THE VERDICT 15th October 1887

Foreman J.R. COLLETT “We the Jury do agree and find defendants Israel Napier, John Napier, Israel Minyard, William Minyard and Walter Minyard guilty of Manslaughter and …sentence of 2 years each in the State Penitentiary”. Not guilty for James Rice and Joseph Minyard.

The attorneys for the defense made motions for the Judge to set aside the convictions and verdict of the jury. The Judge over ruled those motions but did agree to allow an appeal to the Court of Appeals.

Part of the record is dated October 29, 1887 and signed by R. Boyd, Judge of the 15th District of Kentucky.

CHAPTER 5 AFTER THE VERDICT

1. Some in family believe there was a retrial in Morgan County. However, at least some of the defendants served prison time as defendant Israel Minyard (1842–1923) was my G-G-Grandfather. As he served prison time and escaped from convict railroad labor the appeal or retrial was not successful.
2. The Kentucky Constitution of 1891 ended the hiring out of prisoners to work outside of the prison. Kentucky’s Prison system had been operated for decades by Jeremiah Weldon South and his descendants on a “bid basis”. It was very profitable to operate the State Prison due to hiring out convicts!

3. Although near the end of his 2 year sentence; Per family legend Israel sent word that his health was failing and he would not survive much longer. At least 3 of his then 4 sons aided his escape when construction of the railroad just north of Jackson (Breathitt County) 1891.

4. During the escape Israel climbed over the “Pan Handle” ridge at Jackson KY while his sons rode the horses the 4 or 5 mile loop following the river. The exhausted Israel fell asleep and missed meeting his sons. He had to walk back to Greasy!

5. For flood control the North Fork Kentucky River was rerouted thru that Pan Handle circa 1960.

6. Family lore is that Uncle Joseph Miniard chickened out and avoided being at Israel Napier’s house and store for the confrontation with the Burkhart gang.

1. Israel remarried and had several more children. For 5 years he was not bothered.
2. Newly elected first Republican Governor William Oconnell Bradley pardoned him in 1896. Probably just another reason why the Miniards are staunch Republicans!

Family legend has it that Walter Minyard probably fired the shot that killed Solomon Burkhart.

My family oral history acknowledged that Israel Miniard had been in the penitentiary. However, they attributed it to problem with the Buckharts over arguments over working on the county road. Only later did I learn of the actual cause of his imprisonment.

My Grandmother Laura Miniard Smith would say “Better to be in prison than 6 feet under!”

CHAPTER 6 GREASY CREEK TODAY

The Pine Mountain Settlement School (est 1913) that is UP Greasy Creek in Harlan County on the side of Pine Mountain where Isaac Creek meets Greasy is a beautiful historic treasure. Their website has lots of wonderful photos and history.

In 2019 I drove DOWN Greasy Creek on County Highway 2008 and then 2009. Although Leslie County population in 1880’s was nearly 4,000 it is now less than 10,000.

But clearly that section of Greasy had a bigger population in the 1880s than today. You can still see the streams such as White Oak, Abner’s Branch, etc. There are many sites that once had cabins and houses. The fruit trees and flowers mark those sites as monuments to the generations that have passed.

There are several abandoned rusted coal tipples. The Greasy Creek coal boom started in the 1970s during the Arab Oil Crisis. The 1880s purchases by the famous John C. C. Mayo, Louisville Tin Co and unscrupulous agents such as Fult French finally paid off.

I did not find the graves of my 2G Grandfather Israel Miniard. Reportedly it is still in the old family graveyard across from the mouth of Abner’s Branch; somewhere behind a rusted coal tipple. That was the center of the settlement of the Miniards, and their kin the Turners and Napiers.

Most of the mountains on the ridge between Cutshin and Greasy are still there. Nearly all have been stripped and augured. A few have been topped.

The detailed 1999 LESLIE COUNTY HIGHWAY MAP still shows extinct communities such as Napier and numerous roads up the small streams that flow into Greasy Creek. But many of those road have been abandoned and returned to forest.

Let me close with two phrases:

1st Ask yourself given the advantages we have had compared to our ancestors

“Would YOUR ANCESTORS be PROUD of You?”

2ndquote by Grandmother Laura Miniard Smith “BETTER TO BE IN PRISON THAN 6 FEET UNDER!”

PIONEER FAMILIES OF LESLIE COUNTY by Sadie Wells Stidham is a source for Leslie County history and Family Trees

UP CUTSHIN AND DOWN GREASY: Folkways of a Kentucky Mountain Family by Leonard W. Roberts is a must read for those who’s family came from that area

Milton Smith, Jr. smithfamoftenn@hotmail.com

1999 LESLIE COUNTY KY General Highway Map