USA > Arkansas > The aftermath of the civil war, in Arkansas > Part 13
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fired one shot at him, the ball taking effect in his body. He cocked his weapon again and levelled it at his victim, but the cap snapped. A second attempt was, however, more successful, and the pistol exploded, the ball striking Haynes in the head and producing instant death.
"Collier, after assuring himself that he had finished Haynes, put up his pistol and remarked, as if to himself, 'You, Haynes, will draw a pistol on me again, may be!' then walked deliberately to his horse, mounted him, and rode off.
"The affair produced the most intense excitement in Marion, and the news of Haynes' death spread like wild- fire, especially among the negroes. In a few minutes Marion was full of an infuriated mob of them. who vowed vengeance against not only Collier, but all the young men of his acquaintance, especially McClung, Dowell, and Bellows, who were with him previous to the shooting. Squads of them, heavily armed and mounted. set off in pursuit of him and scoured the country for miles, visiting every house and hut, but up to noon yester- day they had failed to find him.
"The steamer Cheek, on landing at Apperson's place, some miles below the city, night before last was boarded by one of these parties, and not until her officers assured them in the most solemn manner that Collier was not aboard would they allow her to proceed on her way.
"A gang of these who remained in Marion. drunk with whiskey and excitement, burst open Rice's store, os- tensibly to search for some of the young men. Not find- ing them they gutted the house of everything portable. amounting to about $1500 or $2000 worth of groceries and dry-goods. After cleaning it out they set fire to it and left. Fortunately the flames were discovered in time to put them out.
"Another gang went to the house of McPeak. where there were young people sitting up with the corpse of his daughter. They clattered up to it in a most boisterous manner, and when they stopped at the gate they fired a
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volley into the house. Two young men who were pres- ent took to the woods, and we understand made their way safely to the city yesterday.
"We learned yesterday evening that a perfect reign of terror existed in the country around Marion, and that all sorts of excesses were dreaded. We were informed that one of the roving squads of negroes caught a white man near Mound City about II A. M. yesterday and whipped him nearly to death.
"LATER .- Since writing the above we learn that the police of this city yesterday evening arrested a Mr. J. T. Bellows (one of the gentlemen whom the negro mob compelled to flee from Marion as detailed above ) on the charge of being accessory to the 'murder,' as they are pleased to term the killing. He was confined in the Ad- ams Street station. As soon as his arrest was made known to Colonel Lysle, of the law firm of Brown & Lysle, he immediately made efforts to obtain a writ of habeas corpus. Late in the evening a warrant was issued for Bellows from Squire Foley's office, and he was sent to jail to await an examination, which will take place this morning.".
From the Memphis Ledger I quote as follows:
"Gallant Clarence Collier! The blessings of an op- pressed people go with you, and whenever the clouds lift you shall be known and honored throughout the lands as the William Tell of Crittenden County, Arkansas."
In vindication of the character of Captain Haynes I reproduce a communication from twenty-nine reputable citizens of Crittenden County,-of both political parties. six of whom were officials,-addressed to the Memphis Appeal, in answer to that paper's false account of the murder of Captain Haynes and their vicious attack on his character :
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"EDITORS OF THE APPEAL,
"GENTLEMEN: We, householders and property own- ers of this county, respectfully ask leave to present a few facts and suggestions for your consideration. Your strictures on the death of Captain Haynes are totally at variance with the facts, and are producing in this county a bad state of feeling. We want peace, quietness, and order; and we ask you, for God's sake, to desist in the publication of such articles as lately appeared in the columns of your paper in reference to this matter.
"We deplore the death of Captain Haynes and espe- cially so the manner in which it was committed. The man Collier, who so foully assassinated him, was a des- perate and lawless character,-an ulcer on the commu- nity,-while, on the contrary, Haynes, no matter what his politics may have been,-and many of us differed honestly with him,-has done more, or as much, to serve and advance the material interests of this county as any man in it. Though a prejudiced man, he was earnest, hard-working, and honest, and as a friend and a neigh- bor Captain Haynes was equal to any. He was foully murdered. The verdict of the coroner's jury and the examination of the body by the physcian, Dr. T. C. Whit- sett, all serve to establish the fact that he was shot in the side and back without a moment's warning. It was a deliberate, cold, and brutal murder." 4
As to the character of Clarence Collier, he was at the time of this murder a fugitive from justice on account of the murder of George J. Bethel, and for his appre- hension and conviction I had previously issued a reward of $500.
Some of the prominent Memphis newspapers, out- rage machines, ground out from day to day, principally for Northern consumption, accounts of outrages in Crit- tenden County, nearly all of which were pure fabrica- tion. Even the Gazette, with all its unfairness, found it
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necessary in its issue of January 26, 1870, to call a halt upon one of these disseminators of false information, the Memphis Appeal, in the following language :
"Crittenden. The following accounts of outrages in this county are condensed from the Memphis Appeal's sensational accounts, many objectionable statements being suppressed. We could wish that our esteemed contem- porary would put a curb on its reporters in their recital of events transpiring in Arkansas. While highly var- nished reports may have a tendency to make a paper sell, we opine that a true statement of facts would ren- der the reader much more capable of forming his opinion as to the condition of things in Arkansas; and we re- spectfully submit that the Appeal is doing our State a great injury, unintentionally, by giving currency to re- ports such as appear in its issue of the 18th of January."
Observe, too, the following extract from the Helena Clarion of July 29, 1870, a conservative newspaper with Democratic proclivities :
"There is no doubt but that many of the outrages we hear spoken of never occurred. Most of the readers of the Monitor remember that that paper asked of the Mem- phis papers that they should stop their accounts of out- rages committed by the militia, as the men upon whom they stated the outrages were committed were not in the county of Crittenden. Some had been dead for years, some had moved away long ago, and others never had been there. These papers got hold of some five or six names, and they have the poor fellows murdered almost every day, and in the most horrible manner, when there are no such men in existence."
I considered the close proximity to Memphis, Tenn .. the headquarters of the Ku Klux Klan of the South, and the violent and virulent sentiments existing there as the
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cause of the continuing lawlessness in Crittenden County. To have prevented such pernicious effects would have re- quired the permanent occupation of that county by a military force, which remedy I regarded as impracti- cable.
The virulence of the diseased condition in Crittenden County was still manifest some twenty years later. In 1886 the Republicans in that County had a majority of 1,346. They could easily have elected a complete Re- publican ticket, but in order to preserve friendly relations with the Democrats, who were then in power, they agreed upon a compromise ticket, which gave to the Democrats the important offices of sheriff and treasurer and some minor offices, and the balance of the ticket to the Repub- licans. This ticket was elected without opposition.
This arrangement continued until the election two years thereafter, when, without any notice whatever, the Republicans thus elected were confronted by a body of armed men, and they and about twenty other leading Republicans were driven from the county. I know that those officers and citizens remained in exile for a number of years. Whether or not they were ever allowed to return I am unable to say. These facts were stated by me in a speech delivered to a large gathering at the State House in Little Rock, and were never denied.
In the argument of Clifton R. Breckinridge before the Congressional Investigating Committee in the case of Clayton vs. Breckinridge, after speaking of the feuds that sometimes grow out of family grievances, he said : "Judge Cate told me, and I, of course, have no hesitation in stating it, that when General Clayton was in Critten- den County it took the earnest efforts of conservative citizens to keep men who were exasperated in this way from killing him."
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I suppose the instance referred to by Judge Cate was the following: In 1889 Colonel Featherstone was a can- didate for Congress on a joint Republican and Union Labor ticket. I had promised him that I would try to get the colored vote in Crittenden County in line for him, which was very important if he were to be successful.
For that purpose I went to Marion, Crittenden County, accompanied by Colonel Featherstone and an- other gentleman, where I addressed a political gathering.
As I had intended to leave there on the night train, I had left my grip at the Marion depot. However, some time before the train was due I was secretly warned by a friend, who was also a Ku Klux, that the Klan had met and passed a verdict of death upon me and that it was to be carried into execution that night when I attempted to board the train.
In casting around for a means of escape I remem- bered that about three miles south of Marion there was a small railroad station that was seldom used by the Marion people. I concluded to go there and, if possible, take a train at that point. Accordingly I went to the Marion depot to obtain my grip.
While there I learned from the ticket agent that the train I had intended to take was five hours late, which would make it arrive at Marion about midnight. It was that fact alone that saved my life, for the Klan had evi- dently learned of it also, and as they felt that they had me securely trapped they relaxed their vigilance.
Therefore, without attracting their attention, I got a bright-eyed little boy to carry my grip and under cover of night we started on foot for the small railroad station outside of Marion. The road lay through dense woods, but fortunately we did not meet a single human being.
When we arrived I found that the small waiting room
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was full of people, but as it was dimly lighted by a single oil lamp in the ticket agent's window I was able to slide into a dark corner unobserved. There I remained until the train came and as it was lighted in the same way I entered and obtained a seat without being recognized by anyone.
The train was westbound. I had an engagement to speak the next day near the foot of the mountains, where I arrived in safety and where I filled my appointment surrounded by friends.
I NOW COME TO CONWAY COUNTY
Martial law in Conway County existed only for a period of about two weeks. When revoked its work had not been fully performed. The criminal class that had made martial law necessary was still extant, sowing the seeds which eighteen years later brought forth their pernicious growth.
I regretfully admit that a more searching exercise of martial law if this county might have prevented the disorders and semes of crimes that culminated in 1889 in the assassination at Plummerville, Conway County, of my brother, John M. Clayton, while he was taking testi- mony in the contested election case of Clayton vs. Breck- inridge.
Although about twenty-five years have elapsed since this monstrous crime was perpetrated, I do not feel that I am the proper person to present a detailed account of it. I shall, therefore, confine myself to a description of the conditions existing in Conway County which led up to it, and shall present some observations concern- ing the false pretexts that were invented to disguise its political character.
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CONGRESSIONAL ELECTION OF 1888, SECOND DISTRICT
In the year 1888 an election was held for the Second Congressional District, which included Conway County. Clifton R. Breckinridge was the Democratic candidate for Congress and John M. Clayton the Republican. In the voting precinct of Howard, which included the town of Plummerville, Conway County, the following fraudu- lent and illegal proceedings occurred which culminated in the assassination of John M. Clayton on the 29th of January, 1889.
The regular judges at this election were T. C. Her- vey, Ransom Hayes, and Enoch Armstead. After spend- ing some time in procuring a place to hold the election, which was finally held in the old McClure house, Hervey, with the two other judges present, declared that the polls were to be opened. Objections based upon the alleged irregularity of Hervey's appointment were raised as to his right to serve, and the matter was submitted to the bystanders by Enoch Armstead, one of the judges. On an affirmative vote Hervey's election was ratified and he served throughout the election. After this ques- tion was settled Hervey arose and said: "Boys, you tried to keep me out, and now I will keep you out, and I nominate Bill Palmer and W. T. Hobbs, and all that's in favor of Mr. Palmer and Mr. Hobbs being elected as judges say 'aye'." Without putting the negative vote, he declared Palmer and Hobbs elected, sent for a justice of the peace, and they were sworn in. Whereupon the two regular judges, who had thus been excluded. at- tempted to open a poll elsewhere, but were prevented from doing so by Charles C. Reed and James Lucas. two Democratic deputy sheriffs who lived at Morrillton and who, on the day of the election at Plummerville, under the instructions of the usurping judges, went down
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to where the two Republican judges were preparing to open the polls and prevented them from doing so under threat of imprisonment.5
For this act these two deputy sheriffs were indicted and convicted in the United States Court. Hervey, Hobbs, and Palmer were indicted by the United States Court for interfering with the regular judges of elec- tion, which resulted in the conviction of Hervey and the discharge of Hobbs and Palmer.6
After the close of the election held by Hervey, Hobbs, and Palmer, Hervey, accompanied by the United States Supervisor, Charles Wahl, carried the ballot-box around to different places, returning later to the polling place, where they found awaiting them Hobbs, one of the judges, and Bowdrie, one of the clerks. For the alleged pur- pose of getting more stationery and light, Hervey ab- sented himself; but at Wahl's request he left the ballot- box with Hobbs and Bowdrie, remarking as he went out that if anything happened to the box he would not be responsible.7
He did not return within a reasonable time; so Bow- drie, for the alleged purpose of looking for him, also left. A few minutes after Bowdrie left some one came to the door whom Wahl believed to have been Ollie Bentley, the deputy sheriff, and asked if the counting had been commenced. Upon Wahl's replying that it had not, the man at once left. Immediately after this inquiry was made, four masked men with revolvers entered through the same door, one of whom grabbed the ballot- box and poll book, which were lying upon a counter, and exclaimed: "God damn you, we'll show you how Con- way County goes," and another said to Hobbs, "Give us them papers and that damn quick," whereupon two of them, with their weapons pointing toward the judges,
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walked out backward with the ballot box and poll book in their possession, leaving the other two behind to cover their retreat. These remaining two, after seeing the theft accomplished, also backed out of the room in the same manner.8
The entrance of the masked men immediately after Bentley's inquiry as to the counting of the votes makes it almost certain that he must have seen them, which would have made it his duty as deputy sheriff to have arrested them.
THE ATTEMPTED ASSASSINATION OF UNITED STATES SUPERVISOR, CHARLES WAHL
On the 16th of December, 1888, about one month after the above occurrences, while Charles Wahl and others were engaged in a game of cards at Dr. Bradley's office in Plummerville, Wahl was shot through a glass door. The ball cut a piece off of one ear and came out at the back part of his neck, leaving a deep gash.9
The reader will naturally ask: What was the motive for the attempted assassination of Charles Wahl? It was the knowledge that he possessed as to the illegality of the election, including his belief that Deputy Sheriff Bentley was the man who had asked the question about the counting of the votes, which might all be made the subject of a judicial investigation before the United States Court, and consequently endanger the unravelling of the whole infamous proceedings.
This view is sustained by Bentley's testimony before the Congressional Investigating Committee. When he was asked by this Committee as to his motives in desir- ing a compromise which would terminate the contest pro- ceedings by giving to John M. Clayton all the votes he was entitled to, he testified as follows:10
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"Q. What induced you to make that proposition to Coblentz, if you made it at all?"
"A. My dread of trouble and getting into the Court down here." (In Little Rock. )
"Q. Why did you have a dread of trouble with this Court ?"
"A. Because I heard that Charlie Wahl had said he had seen me down there (Plummerville) that night."
"Q. Had any charges been preferred against you?"
"A. No, sir. No other than rumors, and it was ru- mored that I was connected with the affair."
The attempt upon Wahl's life made such an impres- sion on him that he left the county, not again to return. The failure to stop his mouth by the assassin's bullet left nothing open to Deputy Sheriff Bentley and his confed- erates but to stop the contest proceedings,-so full of disgrace and peril to the Democratic party of Conway County,-by the assassination of John M. Clayton.
Every consideration of decency on the part of Clifton R. Breckinridge, who was personally so deeply interested in the outcome of the contest proceedings, demanded a dignified non-interference with the actions of the authori- ties in the investigation of the assassination of John M. Clayton. Instead, from the testimony of Governor Eagle and from Mr. Breckinridge's own statement it would ap- pear that he was in charge of the whole procedure.
If he had wished to render any assistance he should have suggested cooperating with me and my brothers. This he did not do and no message of condolence was re- ceived by any of us from him. Indeed, his hatred for me was so intense that every theory he devised was based upon the supposed antagonism of the assassin to me, and he labored to give the impression that my administration
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of the affairs of the State had been such that it was a. sufficient reason for this atrocious murder.
He spent two or three weeks in Washington devising and spreading the theory that the murder was not politi- cal, but a case of mistaken identity on the part of the murderer, who, according to Mr. Breckinridge, had thought that he was killing me. After this theory had been industriously circulated by Mr. Breckinridge and his friends he was forced to abandon it on account of the lack of one iota of sustaining testimony.
But this failure did not discourage him and he imme- diately fell headlong upon another theory which, he an- nounced in Washington, when investigated would make the matter "as clear as the noon-day sun." This story was that John M. Clayton had been murdered by Thomas Hooper, a resident of California, in revenge for the kill- ing of his father by "Clayton's militia."
Upon this theory Mr. Breckinridge frequently con- sulted with Governor Eagle and with Carroll Armstrong, the Chairman of the Democratic Committee of Conway County. Governor Eagle's investigation of this version was very limited, but it was sufficient to show the false- ness of this surmise, as it was proved that the party ac- cused of the murder had been bed-ridden for over a year previous to the murder. Even Mr. Breckinridge was forced to acknowledge before the Investigating Commit- tee that "the Hoopers had nothing to do with it, let us admit that, and that disposes of all suspicions relating to the militia troubles." But that did not end his evi- dences of malignity toward me and at every opportunity he continued to bring in irrelevant matter which he thought would reflect on me.
If the testimony of Governor Eagle and the state- ments of Mr. Breckinridge are carefully considered it at once becomes apparent that the only theories investigated
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by them were the long distance ones. If the time spent on the far-fetched California theory had been devoted to an investigation of the affairs directly under their noses that called for prompt and vigorous action and which they ignored, it probably would have resulted in the detection of the murderer.
For instance, many people believed at the time and still believe that the murderer of John M. Clayton was a convict in the Zeb Ward convict coal mine, who was hired with money and the promise of liberty to commit the murder. Yet this very possible theory received no investigation from these two busy gentlemen.
Every man in Arkansas who was living there when this murder was committed will remember the great pa- rade that was made by Mr. Breckinridge and his friends about the immense amount of money they had contributed to enable the Governor to increase his reward and to assist Mr. Breckinridge in bringing the murderer to jus- tice. These false reports were circulated through the newspapers and in every available way and went all over the country. The fact is that very few subscriptions were promised by them and the Governor's increased reward was unavailable because of the condition that the criminal must be convicted before payment would be made.
To show conclusively the falseness of their pretended liberality, Governor Eagle testified before the Investigat- ing Committee that he had no money he could use in trac- ing clues to the murder.12 To meet this condition Mr. Breckinridge supplied the Governor with the munificent sum of $100,18 and the record shows that he promised the Governor all the money he needed, even to the extent of $10,000, which Mr. Breckinridge said he would raise by personal appeals from the stump.14 This, how- ever, proved to be only another evidence of ineffective officiousness and Democratic duplicity, and with the ex-
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ception of $250 of other people's money the Governor received nothing from Mr. Breckinridge or his friends but the $100 I have mentioned.
He attempts to show that more money was subscribed than was needed and cites a letter showing the return of certain moneys by me to the persons who had donated it. It is a fact that the money was returned, but it was re- ceived too late to be used beneficially, and Mr. Breckin- ridge and his friends had no part in the contribution.
My brothers and I had become convinced of the futility of further effort, so we discharged our detectives and returned to our friends the unused moneys subscribed by them, and the matter was left in the hands of the Almighty.
FOOTNOTES FOR CHAPTER VII
1 Published in Daily Republican, July 24, 1869.
2 Published in Daily Republican, July 21, 1869.
3 Republished by Arkansas Gazette, July 20, 1869.
* Republished in Daily Republican, July 28, 1869.
5 Testimony of Charles Wahl, contested election case of Clay- ton vs. Breckinridge, pp. 344-345.
6 Contested election case of Clayton vs. Breckinridge, p. 582.
7 Testimony of Charles Wahl, contested election case of Clay- ton vs. Breckinridge, pp. 345-346.
8 Testimony of Charles Wahl, contested election case of Clay- ton vs. Breckinridge, p. 346.
9 Testimony of Charles Wahl, contested election case of Clay- ton vs. Breckinridge, p. 347.
10 Contested election case of Clayton vs. Breckinridge, p. 291.
11 Argument of C. R. Breckinridge, contested election case of Clayton vs. Breckinridge, p. 31.
12 Contested election case of Clayton vs. Breckinridge, p. 320 --- "I had no means in my hands that I felt authorized to use to hire men to go about and look after it and all I could do was simply to offer a reward." Pp. 559-560-"I have found no- where where the contingent fund had been used as a detective
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