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The Life of Logan Belt
by

Shadrach Jackson


 
LIEUT. BELT'S LAST EARTHLY TRIAL,
AS PUBLISHED BY THE REGISTER OF APRIL 15, 1887,
AND SUCCESSIVE NUMBERS


CHAPTER VI


Belt-Hambrink Trial.--Proceedings of the trial of Logan Belt, Jas. D. Belt, George Ratcliff and Earl Sherwood for the murder of Luke Hambrink of the night of April 1, 1879. General characteristics surrounding trial both on side of people and defense. On Thursday, April 7th, the selection of a jury was begun, and progressed rapidly until Friday evening, when nine jurors were secured. It was then thought that it would be a difficult matter to secure the other three, as it was evident to all that the defense intended exhausting the county, if possible. By skillful management on to part of counsel for the people, Hons. J. Q. A. Ledbetter and W. S. Morris, the defense were foiled in this attempt, and by 12 a.m. Saturday (9th inst.) the Jury entire was secured. It consisted of men named as follows: Clement Matheny, John A. Tinsley, Emanuel Pittman, William O'Hare, Baker Finney, Wm. I. Jenkins, Charles A. Ferrell, Marcus Sheldon, Robert Cowgill, Henry Ferrell, James Renfro and Joseph Ferrell, all of whom were taken from three precincts only, viz: seven being obtained in Monroe, four in Rose Clare and one in McFarlan precinct.


Saturday afternoon session.--The Jury being accepted and sworn in, the opening statements were made, the points of which we give as follows:


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Statement For The People-By W. S. Morris

It was clear and concise and tolerably full, though it was evident that the entire bulk of evidence to be produced was not by any means shown in the opening statement. He began his statement by first calling the attention of the jury to the great importance of clearly noting all the evidence to be brought forth in the trial in question. He also pointed out the great importance to the general public of a true verdict being rendered in accordance with law and evidence -showing the disastrous results of a bad or untrue verdict: further showing that both the people (prosecution)and the defense were satisfied with the jury as selected, and whom he was then addressing. After this he drew a diagram of the situation of the premises where Luke Hambrink was killed, showing location of sleeping apartments of Hambrink and family, and the manner in which the dark deed was committed-position of perpetrators, etc., as shown by evidence already brought out and evidence yet to be produced. He also described the circumstances as related to the inmates of the Hambrink dwelling - locating each person and giving actions and conversation of each immediately after the death of Hambrink, etc. He stated personal characteristics of Hambrink as being an economical, money-making man, and a man who loaned a great deal of money; also, social relation as existed between him and his family--showing that the general social relation as should exist between husband and wife did not exist between Luke Hambrink and the wife of his bosom. She was hard of hearing, etc., and altogether, a person possessing a temperament that would allow her to be readily used by designing persons; or, otherwise speaking, a "ready tool" in the hands of the bloody perpetrators of the awful deed


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committed on that first night in April, 1879. She was a person whom they well might use, unsuspectingly, as an instrument or an ally to aid them in the execution of a horrible crime. Afterward they could palm off upon her and members of her family the very crime which they, themselves, committed. He further stated to the jury the different features surrounding the death of Hambrink, and that his death was caused by a wound from a shot fired from a pistol of 38-calibre central fire. The physician called upon, a Dr. G. W. Hill, said in his statement that he thought Hambrink died almost instantly, perhaps taking a few steps.


He then pointed out the force of circumstantial evidence as compared with direct evidence--showing that it was sometimes as good, if not better. He illustrated the same by telling the jury that, on a day previous, Mr. A. had picked up from among some half-dozen other hats, his Morris hat and worn it off. When he came to look for his hat, he found it not, so quietly waited until each of the gentlemen had taken up their respective hats and passed out. Then he immediately picked up the remaining hat instead of his own, and looking under the inside band of same, found the name of the rightful owner. He knew thereby who had taken his Morris hat, and so, upon the following day, went to and exchanged hats with the gentleman.


Also, he related circumstances of the killing of Doc. Oldham in December 1875, by Logan Belt. He also told of the combination or organization afterward, in the spring of 1876, of a Ku Klux Klan by Belt, for the purpose of intimidating, running off, and killing all witnesses vs. Belt whom they could not scare from the country. He further stated to the jury an outline of their secret meetings while they were discussing future plans for depredations to be


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committed, and their manner of coming together, etc. He also gave the oath members were compelled to take, and gave a list of the depredations committed, among which were the killing of Luke Hambrink, the shooting of Geo. W. Covert, and the burning of the houses of Lucy Sterling, Mrs. Greene and the Rock Creek schoolhouse, etc., etc. In pursuance of the plans laid by that organization, and that, through force of fear, they had driven some good men into their organization in order to present a respectable appearance and thereby keep their dark deeds secure from law and justice.
All this, Mr. Morris stated, would be introduced in the trial simply for the purpose of corroboration of testimony that would be offered; not to throw prejudice upon the case, but to prove certain facts relative to or connected with the murder of Luke Hambrink.


He then read the indictment vs. Logan Belt and others for the murder of Hambrink, as rendered by the grand jury of the October term of the Circuit Court, 1886, of whom John J. Shearer was foreman. After the reading of which, he gave an account of the arrest made, the preliminary trial or habeas corpus examination before Judge McCartney, and the result of the same-Logan Belt being committed to Jail without bail; Earl Sherwood, James D. Belt, George Ratcliff and Matthew Ledbetter admitted to bail, and the indictment against Henry Ledbetter mollied. A summary of the evidence as to the killing of Hambrink by Belt, and which would be before them for consideration, was then given the Jury as follows:
m at the State would be able to show that prior threats had been made by Belt to take the life of Hambrink, on one occasion having said that if Hambrink should move that fence, which was in dispute, he would kill him, as also at


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various other times. That Hambrink was a witness vs. Belt in the Belt-Oldham murder case, that Belt believed Hambrink to be in his way in making a successful defense in the same charging Hambrink with being interested in the prosecution and with fostering or loaning money to the Oldhams for the purpose of aiding them in prosecuting, and that Belt saw it to his interest to remove Hambrink out of the way. That Hambrink received written notices a shore time prior to this death, and the following, which he received in the year 1876, we give below:


NOTICE


September 23rd, 1876
Mr. Hambrink, Luke--You are hereby notified to keep from your place of residence that Lucy Mellon, a prostitute woman, and Tucker Morgan, if you would enjoy life and property, as we intend to have more virtue, morality and christianity in this neighborhood. Sir, bear in mind. (Signed) Regulators of Crittenden and Hardin Counties.
That they expected to prove that Logan Belt was the author of the aforegoing notice;- and that notices were served on other important witnesses of a character of nature that would tend towards scaring off said witnesses and prevent them from appearing against him in trial. Further, that it was their intention to overrun the county and create a panic among the citizens in order to achieve their ends. Again, he added, that some would say that some of the witnesses were not to be believed, and that some of them had been steeped in crime, etc. This he refuted by saying that assassinators invariably pick upon such men to assist them in committing a dark deed, and that the testimony of such men could not be thrown aside simply because they


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were men of a like ilk of the accused. Also, that the evidence would show that Logan Belt endeavored to have William Frailey burn Rock Creek school house on the night of the murder of Hambrink, saying that it would raise hell, and that they would lay it on the Oldhams, but Frailey refused. That while in Joliet together, Belt told Frailey that he killed Luke Hambrink. That they expected to prove that Belt told Mrs. Lackey that he would kill Hambrink. That Belt instructed Mrs. Hambrink to take an axe and break in the bureau and secure Hambrink's money, and also asked if Hambrink was armed, and the reply was that he kept a pitchfork by his bed. Belt said that he would play hell with a pitchfork. That meetings were held in a dark hollow below Cave-in-Rock, and there plans were suggested and matured whereby masks, lanterns, arms, etc., could be obtained, and schemes were discussed and laid to draw upon the public reason for wearing masks were in order that, when crime was committed, they would be able to swear, so their leaders told them, that they did not recognize each other, as they would not know who all were along with them.


Mr., Morris challenged the defense to produce a single iota of evidence that would tend toward shifting the crime of the murder of Luke Hambrink on the Oldham family. He then showed the position of the surrounding fields, and that tracks of four men were visible, and that this corroborates Frailey's testimony. That the defense were frequently seen around the premises of Hambrink prior to his murder, and that Earl Sherwood resided near in an old shop on Belt's place hard by, further explaining to the Jury the evidence of certain witnesses. He then brought the statement to a finis by asking the Jury to carefully examine facts according to evidence and give a verdict in accordance with


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the testimony and in behalf of justice, and in as much as they valued the future welfare of Hardin County citizens in a Hardin County court of justice, and also the future welfare of their posterity to see to it that all side-bar issues that might be thrown in by the defense for the purpose of diverting their minds from real, better, and heavier evidence, have no such effect with them when it came to weighing the more solid' testimony.


Statement of Defense


Hon. T. B. Stelle made the opening statement in behalf of the defense, and said he regretted that the counsel for the State wished the jury to return a verdict in accordance with popular clamor. He appealed to their conscience or, rather, their feelings. He appealed to their American patriotism, when it came to the serious matter of the life of an American citizen. He tried to show a vindictive spirit in the opening statement of the people, and admonished the jury that it was better that ninety and nine criminals escape the avenging hand of justice than to jeopardise the life and best interests of an innocent person, and stating that the wrong men were indicted for the crime. He made reference to the statement of Mr. Morris that the people and people's witnesses were not on trial, etc., Mr. Morris having said this in closing his statement to the jury. He (Stelle) dwelt with much affected force upon the aforesaid statement, and also upon the fact that Matthew and Henry Ledbetter were endorsed as witnesses for the State. That too, said he, for the sole purpose of shielding the real perpetrators and casting the crime upon the accused, when they, the accused, were innocent of the charge. He insinuated that the family of Luke Hambrink were the persons


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who committed the crime--for the simple reason that Hambrink, as the defense claim, had threatened to go back to Germany and take his money and little son Peter with him. He said his family wished to have the benefit of that money, and deemed it necessary to kill him in order to retain it in the family. He admitted, however, that Logan Belt might have been the attorney of Mrs. Hambrink. He claimed that Hambrink had refused to furnish the Oldhams with money with which to prosecute Belt. It was to the interest of Belt to have Hambrink live, as then, perhaps, his money would not fall into the hands of his family and into the hands of the Oldhams. He further stated that, while they were not installed as prosecutors of crime for the State, they intended, not withstanding, to act in that capacity, and not only show the defendants innocent of the crime with which they were charged, but also show who the real murderers were, and, in behalf of the people of Hardin County, bring them to Justice. That they could prove that Mrs. Hambrink was an enemy to her husband, and that Matthew Ledbetter, her brother, and the Oldhams were in cooperation, and were, with her, working to secure Hambrink's money. That the diagram of positions, as given by the State, was most assuredly wrong, and that, instead of being as they represented, it was, or nearly so, the reverse. They meant to prove that it was his own family who murdered him and that he, Stelle, meant to stand shoulder to shoulder with Messrs. Ledbetter and Morris in the prosecution. He accused Wm. Frailey, witness for the people, as being ready to swear false, having as a motive for doing so simply and wholly a desire for revenge. Belt, upon his return, had cast off and denounced his former wife because she had proved to be an adulteress and as he expressed it, a common strumpet. Because Belt had cast her off


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and married again, Frailey sought revenge, he being a brother to Belt's former wife.


In regard to Mrs. Lackey, as a witness, he expressed himself of ridicule. Her evidence he regarded as being of no importance, saying that it could not be relied upon, as she was a strange person, having both an eccentric and vindictive disposition. He asked the jury to look at the motives that might actuate men who should be witnesses for the people, especially, in the instance of Wm. Frailey as a witness against the defense and for the State. He also stated to the jury that the defense would be able to show that the relatives of Luke Hambrink had both opportunities and motives for committing the murder, and seeing forth the idea that the motives, on the part of some of the witnesses, were self-preservation, and on the part of others as being through a sense of revenge. He accused the prosecution with secreting a part of the witnesses for the people in order that the defense could not obtain access to them or learn anything of what might be the testimony of these witnesses. He claimed the defense had a right to know, in order to be prepared to meet the prosecution, who had, he said, conspired together to punish innocent men. He tried to impress upon the jury that great doubt was implied in the case, and that they must be careful to look at the motives of each witness brought upon the stand and throw away all evidence that might be quest-toned or thrown in doubt.


Judge Baker's instructions to the jury were very close and rigid, showing that he fully realized the necessity of great watchfulness of close attention in this regard. Three escorts, with strict instructions' were placed with the jury, the names of whom are Thos. L. Jenkins, John H. Ferrell, and George T. Murphy, all good men, who can be relied upon to see that the strict


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instructions of the Judge are to the letter carried out.


REMARKS


We inferred from the harsh attack made by Judge Stelle, of the defense, upon Wm. Frailey and Mrs. N. Lackey, in his opening statement to the jury, that those two witnesses were feared most by the defense. We considered the statement made by Judge Stelle as being the weakest thing of the kind ever heard by us, but, in very truth, it could not have been otherwise, as he had no points and no foundation upon which to base an argument or statement.


We shall, in the next issue, begin with the evidence in the Belt-Hambrink trial, and which shall be as full and just as near the facts, truth, as we can get it. It may take three or four weeks to give the trial entire, but just be patient until we get through. We think you will agree with us that we have given you a true and clear synopsis of this, the most important feature or event in the annals of Hardin Country history. We noted every expression and every movement, both on the side of the State and also on the side of the defense. We highly comment the counsel for the people and admire the backbone displayed by them in the prosecution. The defense also wore a "bold front" throughout up to the time when Sam Grindstaff was placed on the witness chair. Then the face of Mr. Belt (Logan) blanched, and the "star of hope" of the defense seemed to wane. Several noticed this, but none understood why such was the case.


The Jury on the Belt-Hambrink trial were out only thirty minutes, and rendered a verdict of "Not guilty".

Judge McCartney saw enough in the evidence, as given in the habeas corpus trial in the Belt


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Hambrink case, as to not admit all of the defendents to bail. Notwithstanding this fact, and notwithstanding the fact that a great deal more and a great deal stronger evidence was before this jury than was before Judge McCartney last fall, still a verdict of "Not guilty" was rendered. Strange, isn't it?


The publication of the truth or facts never yet hurt this or any other county. It is the smothering up and the covering up of such deviltry that does us harm abroad. It will creep out anyhow in the course of time, and, when it does, the stench will be much greater, for the putridness will have grown greater. Open denouncement and suppression is the quickest and only remedy, and the only plan to insure safety of life and property and the county from bankruptcy.


Early Monday morning, April 11th, the witnesses for the people were called, sworn in and retired--then again called in regular order, as follows:


PROSECUTION


Henry Ledbetter: Am a brother-in-law of Luke Hambrink, deceased. At the time of murder I lived about a quarter of a mile from Hambrink's place, and was working for Hambrink at that time. On the evening of the murder, I had gone up to Charley Buckhart's for the purpose of sitting up with a sick lady by the name of Browning. Chas. Buckhart and wife and Wm. Browning were there, and Mr. Hambrink came over just after dark and remained until a few minutes after eight o'clock, when he returned home. He only lived some three or four hundred yards from Buckhart's. I saw a man pass just before Luke started home, and just after that I heard someone whistling and singing. Stepping to the door, I saw a man coming up the road riding and recognized Wm. Frailey; he was


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going towards Hambrink's. I saw another man coming up out of the field or wood and quartering up towards Frailey from the south side of the road. He dropped into the road just behind Frailey in the hollow and near a drain between Buckhart's and Hambrink's, but I don't know who that man was. Mrs. Greene, Mr. Belt, Mr. Shoemaker and Mr. Austin all lived in that direction. Mr. Austin lived nearest, and Mr. Belt lived about two and a half miles on an airline and about three by road. Hambrink started home about fifteen or twenty minutes after he, Ledbetter, saw the men. Witness and his wife were giving medicine to Mrs. Browning, and, just as they were preparing to give another dose at 9 o'clock, Hambrink's little son Peter came after Charley Buckhart. He told him that his mother wanted him to come over, as his child was sick and crying, and that she could do nothing with it. Mrs. Hambrink was keeping Buckhart's child. Buckhart went, and in a few minutes after, the conch blew, whereupon Ledbetter immediately ran over and found Buckhart standing in the road still blowing the conch. In reply to question asked by Ledbetter as to what was the matter, he said that Hambrink has been killed. They went in, and Buckhart laid the conch upon a shelf. Hambrink was found lying in the door of the old house, room occupied by Mrs. Hambrink. He was on his face, with his toes reaching out on the doorstep, and with a three-tined pitchfork of which he still had a grasp, lying under him, with the handle of the same extending back under the left arm. He Just had on his underclothing--having stripped and put on fresh underclothing--and a shot was found in his left side and rather in front, as though he was shot while facing the foe. His blouse was lying on a corner shelf, and his dirty clothing was lying beside his bed, the cover of which was thrown back, and an im-


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print upon the bed as though a man had sat thereon. From this the witness inferred that Hambrink was preparing to retire when he received the fatal shot. Witness saw blood at the door step of the old house and also underneath Hambrink. All this occurred in Hardin County, Ill., in the year 1879. He was at the inquest the next day. Mr. Morris asked who Claiborne and Grant Belt were, and was told by the witness. Witness had no reason to believe that Tobe(Matthew) Ledbetter had anything to do with the murder. Tobe lived at Alex Frailey's at the time of the murder, which-was about two miles from Hambrink's. Witness was at Tobe's when he heard that he was indicted for the murder of Hambrink, and, as he was preparing to go to court, he went on the following morning to Elizabethtown. Witness diagrammed the premises of Hambrink for the benefit of the jury.


DEFENSE


Henry Ledbetter: Simply a repetition of the former statement, with a few exceptions, which are given. Witness married Rebecca Tucker. Chas. Buckhart married Martha Hambrink. Stelle asked the witness what Wm. Browning was at Buckhart's for and where has he been since? Browning was there sitting up with the sick woman, and afterward he removed to Pope County, Ill. Mrs. Browning was moved away pretty soon after the murder to Equality by a man named Mitchell, he thought, though not positive in that regard. Witness married a half-sister of Morgan Tucker. Buckhart had two or three children altogether. Mrs. Hambrink had the child next to the baby, which was one week old. It was sick and crying that night, and the boy Peter had come over after Buckhart to go and take care of it. He said it was hurt and bleeding. His mother had told him


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this. Buckhart had only time to get there when the conch blew. The witness went in the old house, passing in by the left side of Hambrink, but Buckhart remained on the porch. Mrs. Hambrink was sitting, rocking the child--no lamp lit, but the fire was stirred up. The lamp was in Luke's room. Peter was in with his mother. Sherman Browning was asleep . The witness was the second person there. Bettie Oldham, Hambrink's daughter, was there. She was 13 years of age. Hambrink had seven children. Martha had married Chas. Buckhart; Jane, Frank Dale; Hannah, Jack Oldham; Lucy, George Dale; Bettie, Jas. Oldham, and two were unmarried. Mrs. Hambrink was singing and talking to the child when the witness went in and asked, ' "Who done that?" She said she did not know, and asked what was to be done. He told her the coroner would have to be brought, and immediately went after him, getting back at daylight next morning. The moon shone till about 3 o'clock a.m. that night. Hambrink had not said he could take his money and go to Germany, but simply his boy Peter. Hambrink and his family were on good terms, but, that Luke and his wife had not been living harmoniously until within a few weeks preceding the murder. They knew Hambrink had his money deposited in the bank at Shawneetown. It was generally understood that Hambrink and his sons-in-law were engaged in the prosecution of Belt for the killing of Oldham. Jack Oldham lived about a quarter of a mile from Hambrink's. Mrs. Hambrink had her clothes on, and had not been asleep up to the time of the murder. Hambrink had hold of the fork near the tines. He saw Frailey pass about 8 p.m.; the moon was shining, and Luke started home a few minutes after. Alex Ledbetter told the witness he had been indicted, and he went to Elizabethtown voluntarily without arrest. A nolle prosequi


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was entered in his case on insufficient evidence. He had never told anyone at the shop of Guideon Howell that, if he should tell what he knew, his brother Tobe would hang. He had never quarreled with his brother in his life.


PROSECUTION

Matthew Ledbetter: Name stated. Nicknamed Tobe. He was one of the men indicted by the grand jury, but went to Elizabethtown before he was arrested. His father's name was John and his grandfather's name was James. Was well acquainted with the defendants. He lived at his father's during 1878 and 1879, but in the fall of 1879, moved to the Hurt place belonging to Logan Belt. Witness was raised in this county, but his father came from Tennessee. He had known Belt from boyhood, and Sherwood about seventeen years. The Hurt place adjoined Hambrink' s. Belt lived about two miles from Hambrink on an airline and about two and a half miles by road. David Shoemaker lived to the right of that line and Dan Austin, he thought, lived in the old school house at the time of the murder. Mrs. Greene lived on or near that line, and about one-half mile from Hambrink 's. There were hard feelings between Belt and Hambrink; their places joined, and Luke had threatened to tear away the fence between them, which he had erected himself. Belt told Tobe that if he did tear that fence away, he had better be in hell the moment he did it. He said that he (Belt) would not be any too good if he should be over there on the hillside with his gun to shoot him. Belt told Dan Austin that Hambrink was furnishing the Oldhams with $500 with which to prosecute him (Belt), and sent Tobe to interview Hambrink in regard to it. Hambrink told Tobe that he was not. Belt also came to where he was working one


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day and told Tobe that Geo. and Jack Oldham were going to murder Hambrink to get his money. This was in February, before the murder in April. Tobe told Belt he had not before heard of such a thing, where upon Logan exclaimed, "Why, hell fire' It's all over the country." Tobe said he was not in anyway related to either John Q. A. Or John T. Ledbetter. Tobe went to see Belt in behalf of Mrs. Hambrink and in regard to having her dower set apart for her. Belt said he would meet her at Tobe's house upon a certain evening, and to tell her to be sure and meet him at the appointed date. She was there as agreed upon, but Logan did not come. He afterward told Tobe to tell her to manage somehow to get possession of all his money and then let him do the lawing if he wanted to, as he would then be destitute of means to law with. He had heard Belt say a "right smart" he said, in regard to Hambrink, but did not remember just all he had said. Belt again told him to tell Mrs. Hambrink to take an axe and burst in the bureau and secure all the money it contained, but to wait until Hambrink had the most money before doing so. After she had done so, he was to tell her what to do. She said she would not get it that way, and that the drawer was locked. Belt asked Tobe what corner of the house Hambrink slept in, and if he did not sleep in the southeast corner of the house next to Buckhart's? Tobe replied in the affirmative. Belt then asked if Luke kept himself armed, and was told by the witness that he kept a pitchfork by his bed, and that if anyone should interrupt him, they would get a pitchfork stuck into them. Belt said he would play hell with a pitchfork. He also asked if Luke made any changes in regard to his sleeping apartment in either warm or cold weather. Witness did not know that he did. Witness had a dance at his house on the night of the murder, and it broke

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up about ten o'clock. Jack Oldham was the fiddler. Chas. Buckhart was not there. Geo. Dale and his wife were there, but went home about nine o'clock, or one hour before the dance was broken up. The sons-in-law of Hambrink were all there at the dance except Charles Buckhart. Witness heard of the event the next morning and was at the coroner's inquest, getting there at about seven o'clock. Belt had told Tobe previous to the murder that, if he (Belt) was in Tobe's place, and if Mrs. Hambrink was his sister, as she was Tobe's, he would kill the d--d, flop-eared, Dutch son-of-a-b---h. Witness moved away from the Hurt place because he was afraid to stay there, he said, as the Belts and Geo. Ratcliffe were around the premises of Belt all the time, and he was working for Belt. Plenty of arms, ammunition, etc., were kept around Belt's house, and all were armed. He moved from the Hurt place about the last of February or the first of March. One morning, when he went to Belt's to work, he found Jas. D. Belt, Tom Leeper, Frank Hardin, Wm. Greene Wm. Frailey and Geo. Ratcliffe all there. He heard them say they slept there, and that "scared him up" he said. He moved out of the neighborhood as soon as possible. The last day he worked for Belt, Jas. D. Belt and Thos. Leeper were there. Witness was cutting out fence row and Logan Belt passed him going to Thomas Hodge's to stay all night, and told him---. Here the defense objected to the testimony, saying it was entirely outside of the case in question. The jury were withdrawn from the courtroom, and Mr. Morris, of the prosecution, stated to the court that it was not outside evidence, for by such evidence he wished to show that there was a conspiracy formed for the purpose of removing out of the way all the important witnesses against Belt, and this, too, was prior to the killing of Hambrink, and that this was part of the testimony


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of the witness was to tend partially toward showing this fact. He read as authority for witness proceding with evidence, Sec. 1078 and 1079 of Vol. 1 of Bishops Criminal Procedure, and also some other authorities to the same effect. Stelle, Pillow and Youngblood, in behalf of the defense, endeavored to show authority for the inadmissibility of such evidence, and Mr. Youngblood, stated to the court that, "unlike Judge Stelle, he did not propose to identify himself with the prosecution, but was there for the sole purpose of defending the accused, and none other. That he thought the authority as read by him was sufficient to convince the court that such evidence was wholly inadmissible, and he trusted the court would so decide." After some two hours discussion upon the matter, Judge Baker sustained the claim of the counsel for the people, that they had a right to introduce such evidence, stating that as the people had shown in their opening statement, that such evidence would be introduced, and that as the purpose for introducing said evidence was also shown; therefore, the court had no right to debar them of the privilege, and ordered that the people proceed with the witness. Whereupon witness stated that Belt passed by him, where he was engaged cutting out the fence row, and told him he was going over to Thos. Hodge's to stay all night. He said Wm. Frailey and Joe Lowry had gone to town, and he (Belt) was going up there to stay all night. Belt told Tobe that, if he was a little further up, he would show him where Covert waylaid him, and that if he had come along he would have been killed. Witness saw Joe Lowry, Wm. Frailey, Jas. D. Belt and Tom Leeper at Logan Belt's that day, but did not know what they were doing there. He did not see them either come or go away. Tom Leeper and Jas. D. Belt were there at dinner, but as the witness went home in the evening, he saw they were gone.


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Witness did not know whether Hambrink tore the fence away or not. Belt was riding when he passed the witness going to Thos. Hodge's.


DEFENSE

Matthew Ledbetter: Witness was commonly called Tobe Ledbetter. He did not know who killed Hambrink.. He lived two or three miles from Hambrink. Defense asked the witness if he was a member of the church. He had been, but the church had gone down. He had always attended dances, and did not think there was any harm in so doing. No one left before the dance closed that night but George Dale and his wife, that the witness knew of. The feeling between Belt and me was that of a friendly one at the time of the conversation had when I was at work for him. He did not remember whether or not he swore on former occasion; he was mad at Belt. He arrived at the inquest after sun-up. Joshua Hobbs told him about the murder. He was not at either Belt's or Hambrink's on the evening of the murder, but was at work in his new ground. He did not remember what Mrs. Hambrink was doing when he got there on the morning of the inquest. He didn't know that Hambrink was going to Germany. Mrs. Hambrink told him that Luke and her were not on speaking terms. He did not remember swearing that she told him Luke was going to Germany. He did not know that Hambrink had money in the bank. Mrs. Hambrink did not tell him that it was. She did not give any reason for wanting her dower set off. Logan Belt said that "Up that path was where Covert waylaid me, and would have shot me had I come along then." Witness moved from the Hurt place to Alex Frailey's, and from there to the Baugher place.


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PROSECUTION


William Frailey: I am a brother-in-law to Logan Belt. I was acquainted with Doc. Oldham. I was at Logan Belt's house the spring following the killing of Oldham, and Jonathan Belt, George Ratcliffe, Jim Belt and Earl Sherwood were there. I heard Logan and Jonathan Belt say they would get their men and kill off the witnesses against Logan. This talk was had between the house and the shop. Belt had guns and pistols in that shop. It was held as a blacksmith shop and law office. Jonathan and Logan said that all was now ready, and they would take their clan and clean up things. Jonathan was to go across the river into Kentucky and get his clan and Logan would gather together his men in Hardin, and, with the two clans united, they would make a general sweep of all the witnesses against Logan. I saw them scouting around, and they told me they were waylaying Covert and the Oldhams. Covert was a witness against Logan Belt. Logan told me that he had been shot at by the Oldhams, and that they were going to get their men and just wipe them out. I was present when Lucy Sterling's house was burned. I objected to going, but Logan said by God I had to, and that it was the only way to save my life. Harvey Hollemon burned the house. He went in and applied a match to the bed. Lucy was not there to burn her up in the house. Belt had the roads watched and two men waylaid to my certain knowledge. I know he gave men notices, for he had me to go to Shawneetown and put them in the post office. I have taken about six notices and mailed them to Shawnee. I don't remember who all of them were for, but two of them were for Luke Hambrink and Ewing Lambert. Belt's excuse for having the notices mailed at Shawneetown was that the parties would not know where


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or whom they came from. Cave-in-Rock was the nearest post office of the parties to whom the notices were mailed. I lived a part of the time on Belt's place and a part on the Vaughn place. Belt waylaid for Covert and the Oldhams twice. He waylaid them one night at the Hambrink school house. Logan Belt, myself, Jim Belt, Geo. Ratcliffe and Manford Underwood were in that crowd. At another time, myself and Marion Belt guarded one road. At another time, Logan said that Covert was in the neighborhood, and that he wanted to kill him. At the east end of Belt's lane, Belt shot Covert and me both. At another time, the road was watched between Mr. Pritchard's and Ebb Dossett's by myself and Marion Belt. I came to town to get our subpoenas in Belt's and my own case the day before Hambrink was killed that night. I met B. Z. Jenkins at Peter's Creek coming from town as I went into town. I rode Loge's horse, and I got back to Belt's about sundown, and ate supper there. Belt had formerly told me, on the bank of the creek at Rock Creek church, that "Luke, the d--d old son-of-a-b---h, should never live to see another court to furnish money to prosecute him with." I ate my supper and then started home. Loge went out to the lot with me to catch my horse for me, as I had left my horse there as I went down in the morning, riding to Logan's instead. While assisting me to catch my horse, Loge proposed that I should go that night and burn Rock Creek school house, saying that it would raise a hell of a stink in that part of the county, and that he would lay it on the Oldham's. He said he had other men who would do it, but they had another job to do that night. He said they--Earl Sherwood, George Ratcliffe and Jim Belt--were going to kill that G-d d--d Dutch son-of-a-b---h that night, and pointed towards Hambrink's and that


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his men were down there in the woods now waiting, and again motioned towards Hambrink's. He further added, "That they were men who never flinched, too". I told Loge I must go home and could not burn the school house that night. Loge then said that by G-d, one thing I had to do, and if I valued my personal safety, I had better do it, too. He said that I must go along the road whistling and singing, and if I met anyone to stop until I had passed them, and with this, Loge went off and left me and I went on home. I overtook Zed Jenkins about one mile from H's and rode with him as far as his house. I went on, and when I passed Buckhart's, I saw both Henry Ledbetter and Luke Hambrink there, but did not stop or warn Hambrink, as I was afraid to. I saw a man come into the road behind me between Buckhart's and Hambrink's, and that man was Earl Sherwood. I went to see J. R. Oxford the next morning. I never heard of the working at Ebb Dossett's. I was jointly celled with Logan Belt while at Joliet. I was sent to the penitentiary for shooting Covert. While there, Belt and myself were talking about the killing of the deceased, and Loge told me that what he did not do, he Had done. Belt had received a letter from home and some things in the letter aggravated him, and as we were talking of the deceased's murder, Loge again said that what he didn't do in it, he had done. Grindstaff and Belt both said they were in the same cell at Joliet.


DEFENSE


William Frailey: I am brother-in-law to Logan Belt by marriage, he married my sister. I am 40 years old. I came home from Joliet about eight months before Belt did. I was at Belt's the evening of the murder; I had been to


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town to get subpoenas for witnesses in Belt's case and my own. I saw no one outside of his own family there--there was Mary, his wife, and Margaret, Avary, Knocker, Jodie and Jonathan. I stopped at Belt's to change horses, and Jonathan was in the lane yard with Loge. I knew Hambrink was going to be killed that night. I heard the conversation between Logan and Jonathan in regard to killing witnesses, and joined the band to help do it, but went into it through fear and by force. I was with them only at times which I have spoken of to kill or murder witnesses. The reason I know the deceased was to be killed that night was because Loge told me so. The States attorney told me he would protect me from prosecution for anything relative to the killing of Hambrink if I would only swear the truth in this case. Well, he said he would do what he could for me if I would swear to the truth. I don't think I swore that he promised to furnish enough evidence to convict them if I told all I knew. He never said he would furnish me any evidence. I swore I shot Covert. I did it to save my life. I know I am swearing the truth now, and knew I was swearing false then. Surrounding circumstances then would not permit me to do otherwise, for I know that though Logan was in the pen, his bad men were left behind and were here among us. I don't think I stated that Belt had nothing to do with the shooting of Covert. I swear I know from my own personal knowledge that I was afraid Belt and his men would sometime waylay and kill me. I feel more safe now and no afraid to swear the truth; then, I was. No, the States attorney did not assure me that I was safer now, but the people have. They have got tired of this sort of thing. Why, the people in general, of course--all over the county. No, Logan Belt shot Covert and me both. Ile Dossett and


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Henry M. Winders were both present when I talked with Jno. Q. A. Ledbetter. Defense then asked the witness if he had not been advised by the prosecution that he had not sworn quite enough but must make it a little stronger? He said he had not. Belt would not speak to him when he came back, and so he was, he said, of course, unfriendly. He had sent or written a partial statement to Sam Grindstaff--just a social letter, giving general news of the country and what Belt was doing. He wrote to him because the States attorney wanted to find out where he was at, he said. He did not state to Maj. R. W. McLowrie in Joliet that he knew that Belt had nothing to do with the murder of Hambrink or that Hambrink's own family and the Oldhams killed him. He felt more secure now than he did last fall, for then he felt that his life was in danger, and he thought he was yet in danger if the accused were turned loose. Did he understand the nature of an oath? He did. And the consequences of disregarding his oath? He thought the devil would get him. Did he not think the devil would get him anyhow for swearing lies? He said not, as he thought it was owing to circumstances. If a man had to swear a lie to save his life, he did not think the devil had anything to do with it. Could he tell them how people would know that he was swearing the truth? He said he did not know about that, and it didn't concern him, but that circumstances now warranted him to tell the truth. About six months before Hambrink was killed, Belt and himself had a little difficulty over a reaper, but only had a few words. He was not at Hambrink's house, but went straight along the road, and did not hitch his horse at Mt. Zion church, and, with Tobe Ledbetter, kill the deceased. He did not go to Judge Ledbetter's at 11 o'clock on the night of Thursday,


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April 7, 1887, but he was there a little bit after supper. The State's attorney had been at his home only one time and that was in the spring of 1886. He did not tell Jim Oldham that the wife of the deceased had the dogs put up on the night of the murder. He told him he had heard it, but did not know how true it was. He did not get in the hogshead and shoot the deceased. He never wrote nor made his mark to such a document as appeared in the Golconda paper; he said he didn't tell Lewis Lavender that Luke's own family murdered him.


A FORGERY


The following letter appeared in the Golconda Herald of the issue of October 10,1877: From Hardin county.--Cave-in-Rock, Ill., October 18, 1877.--Eds Herald--Understanding that one G. W. Covert, with whom I had a skirmish one week ago today, had gone down the river to some point, and that he reported that Logan Belt has shot me and also him, I wish to give the facts in the case as they occurred. I was hunting near Logan Belt's house when I was fired upon from the thicket, receiving one buckshot in my leg, two through the abdomen and two in the shoulder. A man ran from the thicket and I fired two shots at him. Covert's cane was found in the thicket, and blood trailed from there to Dr. Dunn's. Covert was wounded in the arm and cared for at Dunn's, arrested and taken to this place, where he escaped and went down the river. He probably took me for Logan Belt, as he, one year ago, plead guilty to being one of the parties who waylaid Belt. He told them that the spot where he had fired on me was one of their ambuscades. He broke jail and fled from that charge. Covert has a wife in this county, and, I am credibly informed, is married to the woman


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he has had with him recently, finding her at Harrisburg, Ill. He is attempting to sell a forged note for $300 on John Flannery, a gentleman of Kentucky. He ran away from Indiana to escape punishment for larceny, and is known by all to be an uncommon liar. To use an old saying, he would rather tell a lie on credit than tell the truth for cash. I now hope to get well.
Wm. Frailey
mark
Attest: Jos. Lowry.

(The foregoing letter was sworn to be a forgery by both Wm. Frailey and Joseph Lowry.)


PROSECUTION


Joe Lowry: Witness knew and pointed out all the defendants; he was Constable at the time. A copy of the Golconda Herald was handed him, in which was the above letter, and he said he never saw any such document with Wm. Frailey's name attached, and attested by him, and said it was a forgery. He had heard a conversation between Logan Belt and the deceased at Robert Sheridan's in regard to a hound of Belt's that had been killed. The deceased said that the hound had been killing his sheep, and that he told Morg. Tucker to kill him, which he did; but that the deceased offered to pay for the dog. Belt said he wanted no pay for the hound but that there would be a future settlement with him. If he, Belt, found for certain that his hound had not killed Hambrink's sheep, that his d--d old hide would pay for it. This conversation between Belt and Hambrink was in the winter before the latter was killed in the spring. Witness said that, being a constable, he saw it. He identified the following notice


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as being written by Logan Belt:

NOTICE
September 23, 1876
Mr. Hambrink, Luke--You are hereby notified to keep from your place of residence that Lucy Mellon, a prostitute woman, and Morgan Tucker, if you would enjoy life and property. We intend to have more virtue, morality and christianity in this neighborhood. Sir, bear this in mind.
(Signed) Regulators of Crittenden and Hardin Counties.


Witness thought Belt had endeavored to counterfeit, or, rather disguise his handwriting, but he said it was from the hand of Logan Belt, nevertheless. He thought that as a general thing, Belt omitted punctuation, and that sometimes he wrote heavy and sometimes a light hand. Nevertheless, his writing was always natural, and that a man well acquainted with Belt's writing could always tell it, even though he would try to disguise the same. Belt was a bad speller, he said, and he knew it was his hand from the shape of his small "d" as he made the same like a small "a". Witness knew that it was his hand from the general appearance, as it was peculiar and altogether different from the writing of anyone else that he had ever seen. He had seen Belt write a great deal, and he did not write alike all the time. He usually wrote a tolerable heavy hand, and this was rather lighter than he commonly wrote, but still it was his. Wm. Frailey and Jas. D. Belt had come to the residence of the witness with a note from Loge Belt, asking him to come to his house. Witness went the next morning and found Jim Belt and Tom Leeper there. Belt wanted him to go to Elizabethtown, with Wm. Frailey, with


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a warrant for the arrest of Covert and take him to Esquire Henderson's for trial. Belt told him to bring him along the low water road around by Cave-in-Rock, about twenty-five or thirty of those d--d sons-of-a-b---hes would be on the high water road and would take the d--d old son-of-a-b---h away from him, and for the witness to take him the lower road. Witness told Belt he apprehended no danger, but, thinking that something was wrong, he did not bring Covert up. Witness returned from town to Belt's next morning and found Jim Belt and Tom Leeper again at Loge's armed with guns.


DEFENSE


Joe Lowry: Nothing new was elicited, save that Covert's writ charged him with stealing a horse. Judge Stelle asked the witness if he did not understand Mr. Belt, when he told him to take Covert the lower road, to mean that if he did not do so, the Oldhams would take him away from him? Witness replied that he thought Loge wanted him to bring Covert along the lower road in order that he (Belt) himself might kill Covert, or have it done, as Covert was a witness against Belt. For that reason, he did take Covert to Henderson's. He did not know whether the notice presented to him was written with a gold, steel or quill pen, but he knew that it was in the handwriting of Logan Belt. Another paper was shown the witness, and that was also identified as being the handwriting of Belt.


PROSECUTION


H. M. Winders: Witness was acquainted with the defendants; he had been Constable, Justice of the Peace, and was now County Surveyor. The notice given the deceased, and signed "Regulators"


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was shown to the wetness and identified by him as Logan Belt's handwriting. This was the same notice identified by Joseph Lowry. He had lived some two or three miles from Belt for several years, and knew him well and also his handwriting. He had given considerable attention to the Study of penmanship and had studied both Belt and Belt's handwriting, for Belt was a peculiar man and wrote with a peculiar hand--a hand that the witness said he did not believe could be imitated. He was well satisfied that the notice shown him was Belt's handwriting, but he thought that Belt had endeavored to disguise his true hand in this instance. He had surveyed lands in the Hambrink neighborhood, and had made a map of the surrounding vicinity of covering an area of about one and one-half townships. This map was at his office, but the court caused it to be sent for. The witness was then asked to take it and explain to the jury the exact surroundings as shown by the map, which he did, locating the various farms and their surrounding roads, etc., of the neighborhood. A second and a third paper were also shown to and identified by the witness as being the handwriting of Logan Belt. The feeling of the witness toward Belt was not the best, but his feelings would not influence him to swear otherwise than true. Belt and the witness had never had any unfriendly relations, yet the witness did not like Belt as a man and as a citizen.


DEFENSE


Henry M. Winders: Witness was very firm and positive, and defense could not shake his statement. Nothing new much was elicited, save that Belt had a peculiar way of making certain letters--making a small "d" like the letter "a",


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and that he made caps "B" and "L" in a peculiar style. Witness recognized the notice to Hambrink from the general style used by Belt, and told the defense that if they would only compare it with recent letters written by Belt, they would find the handwriting to be exactly the same.


PROSECUTION


Morgan Tucker: I lived on the place of Hambrink before he was killed, and I knew Lucy Mellon. The deceased showed me a notice notifying him to put Lucy Mellon and myself off his farm, which the deceased had received from the "Regulators," and asked me what I was going to do about it. is the seme notice shown me by the deceased. I heard a conversation between the deceased and Logan Belt about a note. The deceased would not let Belt have the note until he paid. About one year before the deceased was killed, I was living on Stone's place. I came home about nine o'clock one night and saw three men in my yard. They passed around the house two or three times and then came out at the gate and crossed the bridge near where I was hid in the gulley. They stopped on the bridge and held a whispered conversation. They had two guns. I think they were Logan Belt, Isaac Keeling and Wm. Frailey, and I think they intended killing me if they had found me. Stone lived at the old Hale place, one and one-half miles southeast of Belt's I think the note held by the deceased on Belt was probably a mortgage note. Belt asked the deceased if he was not going to give up the note, and, when the deceased refused ,remarked that it would not do him any good. I can read handwriting.


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DEFENSE

Morgan Tucker: I can read writing and can write. I write my name. The deceased showed this paper to me. I can make out enough of it to know it. My eyes were not sore at the time I saw the men on the bridge. They were within fifteen or twenty feet of me. I had a good view of them; the moon was shining. It was before the deceased was murdered. It might have been six months before, but it was sometime during the year before Hambrink's death. No one told me about who the men were. My eyes have been sore at intervals for sixteen years. I married Mary Delilah Jupin. Defense are all friendly with me except Mr. Belt. I don't call him my friend. I said I guessed he was. I now have friendly feelings toward Belt's person, but don't like his way. I think I offered to tell it last fall, but it was objected to. I had the deceased pay nine dollars to Loge Belt for me, which Belt claimed I had stolen, or its equivalent.


PROSECUTION AGAIN TAKE THE WITNESS

Morgan Tucker: Frank Hardin had been to a shooting match and had gotten his gun out to fix. I went on Sunday with Mr. Harding over to Mr. Belt's to get the gun fixed and Belt was not at home. Mrs. Belt told us Just to go to the shop and fix the gun. I sat down on the steps while Hardin went into the shop and unbreeched the gun; we were there about twenty minutes. The next morning Belt sent for us, saying that he was going to prosecute us for theft. We went over and told him that he was making a wrongful charge and that we were innocent. Belt said he would sue us if we did not pay him nine dollars, and that if we would set-


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tle that amount on a note at Hambrink's, he would let us off. We did it rather than to have any trouble with him.


PROSECUTION


Jane Belt: I am living with my uncle, John Frailey. I am twenty-five years of age. I was living at home with my father when Hambrink was killed. Jim Belt, George Ratcliffe and Earl Sherwood were at father's house the day Hambrink was killed. They came early in the morning and remained until after twelve o'clock, noon, and took both guns and pistols away with them.

Father kept several guns, revolvers etc. around his house. After Jim Belt, George Ratcliffe and Earl Sherwood left, I noticed that all the guns were gone. Those three men were at my father's a great deal just before the killing. George Ratcliffe lived in the Roark house Just at the mouth of the lane. Bill Frailey came to father's on the evening of the murder. He got there about sun-down and ate supper there; he had been to town and had rode father's horse. My father and Uncle William stood at the gate after supper and talked awhile, and then went out at the gate. I went to bed about nine o'clock. I don't know whether the clock was right or not. They were not there when I went to bed. I slept in another room. Father was at home the next morning when I got up. Father went to work at Ebb Dossett's the next day and mother went along with him. Sherwood was at our house a"heap" of the time and frequently slept at the shop, as father had bedding there. Jim Belt, George Ratcliffe and Sherwood were there a great deal of the time and were out a great deal of nights. Sherwood did not live there all the time but the most of his time.


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DEFENSE


Jane Belt: I am not married; never had any children. My father cast me off, he said, for being too intimate with men. He cast my mother off for the same reason--I stood to my mother. I don't know exactly how long. I looked at the clock; I don't know whether the clock was right or not. I don't know where he was; he was talking with Bill Frailey. I knew William Frailey. The gate was not very far off. He didn't go away at dusk. George Ratcliffe lived tolerably close to my father's. Upon close questioning by the defense, the witness said that she thought it was between one-fourth and one-half mile from Belts to Ratcliffe's, but upon being pressed further in regard to the distance, told Judge Stelle that if he was very particular, to go and measure the distance and then he would know. Her father owned the place at that time. She thought Ratcliffe moved to the county farm. He was married when he lived on her father's place; had been married four or five years, she thought. Sherwood lived at her father's before he was married, and also again Just before the murder of Hambrink, but the witness did not remember just how long. He was there on the day the deceased was killed at night. Her father and Sherwood were very intimate, she said. She said she noticed her father and Frailey standing at the gate several times that evening, and guessed they must have stood there one hour and a half at least. It was not true, she said, that she had lived with a man in Gallatin County. She had not lived with John Norris in Gallatin County. He had taken her up there, but they did not live at the same place. Marion Mott had never drove her off. Her father had never talked to her about the way they had been living. He had, upon his return home, drove her off without


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giving her any reason. She heard afterward that he said that it was because she had been too intimate with men, but that it was false. There was a law office in her father's old shop, and Sherwood slept there. Her father kept arms in there for Sherwood's use. There were two rifles, two pistols, and two shotguns. Witness said that her father kept hounds, and persons often came there and went hunting. Sometimes they would meet there and have a general hunt. Mr. Sheridan's and Mr. Lackey's folks sometimes brought hounds with them for that purpose. Mr. Sherwood had his washing done at her father's house a part of the time.


PROSECUTION


Thomas Leeper: My name is Thomas leper. I am acquainted with the defendants. I knew where Logan Belt lived when the deceased was killed, and have worked for him. I worked for him when he was sent to prison. I had a conversation with Belt about running off the witnesses in the Oldham case. I was sworn into the band by Logan Belt, near his house and on the right of the lane. Sherwood, Geo. Ratcliffe, and Jim and Arthur Belt were present. The oath I had to take was binding upon a man so as to force him to take the life of a brother if so ordered by the captain, Robert Sheridan, We were to ferret out the Hambrink murder. I told Loge I would like to see that done, but that I was a poor, ignorant orphan boy and had always had to work very hard for my living. I never had any chance to get an education. I said that I was not capable of assisting in the ferreting out of the Hambrink murder that there were smarter men than me to do that. Belt said:"By G-d, you are a man, ain't you?" I said,"Yes, in size." "Well," he said, "You can do as much as any man, can't you?" I said I could. Belt said: "By


165


G-d, that was enough." I knew it was a groundhog case. I knew then I had to join them or do worse. So I told Loge that if it would do him any good, I would join the band. Belt said he knew G-d d--d well he could make good use of me, so I joined them in fear of my life. Belt then said: "It is dark now, but I'll give you the signs and grips in the morning." We were to know who belonged to the band, when we shook hands with members, by the sticking of the little finger under the thumb. Another sign was to fold or draw lapels of the coat across the chest in passing, and if the person was a member, he would signify the same by raising his hat and passing his hand over the brow or forehead, as though wiping perspiration there from. If assistance was desired, we were to stick thumbs in each pocket, allowing the remainder of the hand to hang down outside and pass around a known member until we attracted his attention Then, according to his oath, he was bound to retire with us to a secluded spot where we could have the desired communication. Belt sent Bill Irby and myself to hunt and kill Covert. One day while passing, Belt stopped me to look at his fine horse. He asked me when me and that girl (my wife, then Mary Norris) were going to marry. I told him we were not going to marry that I knew of. He said yes we would, and that by G-d, he would set me up for keeping house to the amount of $50, and that much would fix me up nice. I had to go and kill Covert, and that he and his family would clear me of it. Another time, Belt and I were in the sinks hunting when we saw a man coming, and Belt said that if it was one of those d--d Oldhams, we would kill him right there. Another time Belt sent Jim Belt and me to Barker Hollow to watch for and kill Covert, who was expected along there that night. I told him I had no gun and did not want


166


to go. He said I did not need a gun, as Jim would do the killing, and that he just wanted me to go with Jim as company. I had on a new pair of Walker boots, and Loge made me pull them off and put on an old pair, as he said by G-d they could track me with them things on. Loge said he would go to Tom Hodge's and stay all night, as people would lay it on him and then he would prove himself clear. Loge took my boots and hid them behind the bookcase. After we started, I told Jim we would go down there, stay an hour or so and then return, as Loge would never know any better no how, and so we did. Covert was to be brought up to Henderson's that night for trial. Another time we went hunting, Loge gave me a carbine, but he and Jim both took shotguns, and he walked in front and Jim behind me. I thought they intended killing me. I was passing along the road once when Jim Belt and George Ratcliffe, who were up on the hillside lying behind a log, called to me, and, going up to them, I asked them what in the h--l they were there for. They said"to kill them a man". I told them they would play the d---l. They said I would see if Covert should come along. I was working at Ebb Dossett's the next day after the murder of Hambrink, and Jim Belt told me he stayed at Logan Belt's the night before.


DEFENSE


Thos. Leeper: He was cowardly, and was made to go along with parties to waylay men. He had been a law-abiding citizen ever since he "hopped out of the Ku Klux Klan" (his own expression). He was not there as a hired or bribed witness for the Oldhams. He said he would not swear a lie for any man, and that, though he bore the accusation of waylaying men, still he


167


thought that was a different thing, as he was made to do that. He could neither read nor write. He was at Ile Dossett's on the Sunday before; he was not sent for, but just happened to go over. John Q. A. Ledbetter, Sam Grindstaff and others were there. The State's attorney was merely passing along and stopped to get his dinner, when he again went on. He did not say a word to him or in his presence relative to the trial of Logan Belt and others for the murder of Hambrink. The witnesses had not met for the purpose of talking over the Belt trial He understood the nature of an oath. He had never went to Belt's to work until some six weeks after the murder of Hambrink.


PROSECUTION


W. D. Taylor: He had known the defense nearly all his life. Sherwood had sworn him into the klan in a dark ravine below Cave-in-Rock. About seventeen men were present. Logan Belt had solicited him to join the organization about a week before, saying that it was to ferret out the Hambrink murder. This was, he thought, in May. Belt told him to go to the cottonwood trees at the mouth of Mitchell's lane, and someone would be there for the purpose of conducting him to the place of meeting. He arrived at the cottonwoods about dark, where he found B. Z. Jenkins and Frank Hardin. Geo. Ratcliffe came and showed them to the ravine. Logan and Jonathan Belt, Robt. Sheridan, Wm. White and Earl Sherwood made speeches to them. Jonathan Belt told them that devilment was going on in the county which the law could not reach, and that the purpose of this band was to hunt up and punish the perpetrators. The oath was to stick to each other till death, through all emergencies, and the penalty was death for di-


168


vulging the secret. They were to give notices to parties in order to scare them out of the country and then if they did not leave, they were to be taken out and shipped or other means resorted to. Signs and grips were to be used, which were given by the witness. They were to draw notes upon the various school treasures in order to obtain money for their various needs to purchase arms, etc. When they went to correct or punish parties, they were to wear masks and high topped or double-story hats, in which should be holes, and contain lighted candles. False faces were mentioned, but Logan Belt said he could not stand false faces, and that long masks could be used instead. False faces were suggested by Sherwood. If any had enemies, they were to be punished. The meeting was held in May, 1879, in Clay hollow, close to the Ohio River-some fifty or sixty yards from the water's edge,--a wild, deep gulch, with broken, dreary looking country surrounding. All present that night were sworn in. They had no light. Jonathan Belt said such bands were usually called, under ordinary circumstances a "Ku Klux Klan",but that they would style themselves the "Sons of Liberty". Witness said they were to meet again, but he did not like the proceedings, and did not meet with them any more. Logan Belt said that night they would have the Oldhams arrested for murder of the deceased, on suspicion, and also on minor charges. They would take them before Esq. Jacob Hess for trial, and W. S. Morris, he said would of course be there to defend them, declare their lives in danger and have a light guard placed over them. His (Logan's) men would be hanging around so they would have to use them as the guard. Jonathan Belt, who would be just across the river with twenty-five or thirty men, would come over to the Illinois side, take them away from the guard


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and over into Kentucky, where they could be properly taken care of. Belt said he would have a prominent man of the band to swear out a warrant for their arrest. Zed Jenkins did not want to go into it, but Logan Belt said that the life of one man was nothing compared with the lives of sixteen or seventeen men. So Jenkins was sworn in. Wm. White said he had belonged to such a band before. The witness left the meeting accompanied by Mr. Jenkins, Logan Belt and Frank Hardin. He was at Logan Belt's afterwards, and Sherwood, Jim Belt, and Robt. Sheridan were there. Logan said they would hold another meeting and then decide whether they would give up and abide by the law or fight it out. Witness at that time lived on State road about one-fourth mile from Belt.


DEFENSE


W. D. Taylor: But little that was new was elicited by the defense. Witness was led to attend meetings through misrepresentations to him of the object of the meetings. As Hambrink had been killed, Capt. Belt had his fence burned and afterwards his house burned, Jacob Hess had wheat burned and a number of crimes had been committed which the law could not reach, the witness thought that something ought to be done, but he said when he got there, he soon saw that their object was not to put down crime, but to commit new ones; that when Jonathan Belt stated that if any present did not wish to join, then was to time to say so, and when, in response to this, Zed Jenkins said he did not wish to join them just then, where upon Logan Belt jumped up and objected to Jenkins backing out, even threatening his life if he did so, the witness concluded it was no use to refuse and so joined them. But at the same time, he did not consider


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it binding upon him as it was compulsory. He did not again attend their meetings.


PROSECUTION


B. Z. Jenkins: He was a brother of John Jenkins, ex-County Superintendent, and his father's name was Nimrod Jenkins. He had been to Elizabethtown the day before Hambrink was killed to pay his taxes. His brother John was administrator of his father's estate, and Mr. Renfro gave him some papers to take to him. His brother John lived with his mother. He met Wm. Frailey at Peters Creek; after speaking, Frailey asked him if he had been to town, to which he replied in the affirmative and passed on. He went to his mother's and ate supper there tolerably late. He passed Mrs. Lackey's, Mrs. Edwards', Art. Belt's, Ile Dossett's and Logan Belt's or near. It was about two or two and a half miles from Logan Belt's to Luke Hambrink's. Witness lived in the Hambrink neighborhood. Frailey had overtaken him when within half a mile of home and rode along with him until Jenkins' house was reached, when Jenkins dismounted and Frailey rode on. Their conversation while together was of simply a casual nature. Frailey asked the witness what he had been doing that he had not been home, and Jenkins told him that he had to go around by his mother's and that it had thrown him late. He knew the defense. He was sworn into an organization on the 7th of May, 1879. Bob Sheridan solicited him one day to meet with them on the following night for the purpose of ferreting out the Hambrink murderers. Sheridan began by talking to the witness about the death of the deceased, and told the witness that as he lived so near the scene of the tragedy, he ought to take an interest in bringing the perpetrators of the


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crime to account. They were to hold a meeting the next night, and the witness was to be at the cottonwood clump late on the following evening, at the mouth of Mitchell's lane, and he would be shown to the place of meeting. The witness asked him who was going to meet there, and was told that ten or twelve good men would be there. Witness then said he would not go. Sheridan told him that he had better go, as a man had told him (Sheridan) to tell the witness "he had better come". The witness went. George Ratcliffe was there. Witness spoke of returning home, but Ratcliffe told him to wait a little while. Wm. Taylor came along. Then they went on around the corner of the field and met Robert Sheridan, who said, "George, show the boys down and I will come." They then passed on down below the Thomas place, where Ratcliffe stopped and gave a low whistle, which was immediately answered by Earl Sherwood, who came out of the brush and went on down with them into a deep hollow close to the river. They found several men awaiting them there. Logan Belt, Jonathan Belt, Earl Sherwood, William White and Robert Sheridan made speeches. Jonathan Belt stated the object of the meeting. He made the first speech, and said he supposed they all knew what they were there for. They were organizing in other places in order to rid themselves of bad characters who lived among them, and that there were bad men here. He thought there ought to be an organization here for the purpose of getting rid of them. He also stated that the organization was generally known to the world as a Ku Klux Klan, but that another name suited him much better, and that was that they should call themselves the"Sons of Liberty". They were to have a loose gown, with a cap for each, which they could slip on over the head, and which would completely cover the principal part


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of the body. A high hat or cap should be worn, with holes in the upper story and small lamps or lanterns inside in order to frighten the people. These masks were also for the purpose of not being able to know each other when they should take out and whip a man, or hang one, as then each man concerned would not be able to tell what other men were there. He said that if they got into trouble, they would have that plea to get out on, for they would be so disguised from each other that no one member could swear what other member or members were participants in the crime. Logan Belt and Earl Sherwood made speeches to the same effect. They were to draw notes on township treasuries for the purpose of securing needed funds, as they said some would need arms, etc., who were too poor to buy them. In this way, they could be provided with all things necessary. They were all drawn up into line before the oath was administered, and Jonathan Belt stated that if anyone wanted to draw out, then was the time to do it. The witness objected to taking the oath and refused to Join them, but Logan Belt objected to the witness backing out, and said that the life of one man was nothing when compared with the lives of sixteen or seventeen men and that it would never do to let him off. So then all were sworn in. Earl Sherwood administered the oath, which was to the effect that "they were to stick to each other till death. They were to keep everything secret under penalty of death if any should rebel against or prove traitor to the Klan." They proposed to put the witness under a stronger oath after he had refused to join them, but finally swore him in with the rest. The witness was one of the men who swore out a warrant for their arrest on the charge of forming a Ku KLUX organization to the detriment of life and


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the best interests of law-abiding citizens. The impression of the witness, regarding the oath he was compelled to take, was that it would be death if he told it. Witness stated that on the 23rd day of February, 1879, Wm. Greene came to see him, and told him that Logan Belt had sent for him, as he wanted to see him. He was at John Frailey's at the time and did not go, and then Jas. D. Belt came after him in the evening and told him that Logan said he must come. So John Frailey, Frank Hardin and the witness went over to Belt's. When they got there, Logan took Hardin out and talked to him and then the witness. Belt told the witness that he had a bad man under arrest, as he had, Belt said, been waylaying me, killing stock, etc. This man was George W. Covert, and Belt told the witness that he wanted him to help take Covert out that night. He said the witness could hold the horses while other men did the work. Work was understood, Logan added. Wm. Lackey came while they were talking, and Belt asked the witness how Bill Lackey would do, and the witness told him he thought Bill would do. Belt asked the witness if he would come back that night. Witness did not know whether Hardin remained or not, but said that Frailey went on home. When the witness returned home from the Ku Klux meeting on the river, he was accompanied by Art. Belt, Frank Hardin, Wm. Taylor and Logan Belt--the three former together and Logan Belt riding with the witness. Belt told the witness he was willing to drop his case and have nothing concerning it in the business. The only man he talked to the witness about having arrested was Covert. The statement of the witness was pretty much the same as that made by W. D. Taylor, their statements corresponding throughout.


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DEFENSE


B. Z. Jenkins: Witness stated that he did not know whether a warrant had been issued for the arrest of Covert or not, but Belt told him that he had him under arrest and wanted him to help take him out. Belt represented to them that the organization was for the purpose of punishing crime, as they said bad characters were coming into the county. Thomas Williams, James Beavers, Capt. Belt and others had wheat, fences, etc., burned and they must put a stop to it. Robert Sheridan was captain of the band. The impression of the witness when Sheridan solicited his attendance at the meeting and refused to tell him whom else would be there, but insisted on his going, saying: "a, A man told me to tell you that he said for you to attend the meeting," was that something was wrong. When Sheridan would not tell him who the man was that said he (witness) must go to the meeting, the witness at once drew the idea that it was Logan Belt. He knew Sheridan had been sent to him by Belt. Jenkins stated that he attended the meeting that night with no bad intent, whatever, and went simply because he was afraid to do otherwise. He wanted to find out what was going on and what was meant by the queer manuevering. Belt told them they were to punish the man who burned Tom Williams' wheat and James Beaver's hay, and if any had enemies, they were to be punished also. He did not know that a dance was to be held at Tobe Ledbetter's on the night that Hambrink was murdered. Oldhams' did not hold clandestine meeting or meetings of any kind. Jenkins had gone and told Thomas Oldham that they had better not stay a single night alone as they were in imminent danger of losing their lives, and that they and he often remained three or four of them together for self protection, especially of a


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night. They expected almost any time, he said, to be taken out by the Ku Klux and all be killed. Witness was a traitor to that organization and they sought his life on account of it. Belt also wished to exterminate the Oldhams in order that there would not be much of a prosecution against Belt for the killing of Doc. Oldham. Defense asked the witness if William White, in his speech at the meeting, did not say that if the purpose of their organization was to ferret out the murderer of Hambrink, he was into it; but if it was to meddle in or ferret out little private matters, he was out of it--to which the witness responded that White had no such talk. He said that he had been waylaid and that two men had come to his house and threatened to shoot his little daughter if she did not tell them where he (Jenkins) was. Also, that guns were carried by prosecuting witnesses in order that they might if possible, defend themselves if assaulted by the Belt faction. The Hambrink murder was mentioned at the meeting below the Cave in connection with the burning of Williams' wheat. Witness lived southwest of Hambrink and did not pass Buckhart's or Hambrink's place that night. He saw Frailey before he got home one mile from Hambrink 's. Frailey came trotting up and rode the same direction with the witness for one-half mile. Witness lived one and one-half miles from Belt. Frailey was going from Logan Belt's.


PROSECUTION


Thos. Leeper: Witness was recalled just after B. Z. Jenkins. Belt had told Leeper about men that were in the Klan when he was sworn in. Belt had told him afterward that Zed Jenkins and Frank Hardin had skipped out, turning traitor to him. If he ever got a chance, he would


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kill them both, and that by G-d he could take his gun and kill them just as free as he could kill a squirrel. Logan Belt had also told him that Ebb Dossett was scared pretty near to death, and, upon the witness asking why, said, "Let me tell you. He thinks he will be called upon to tell something; that something is going to turn up, and now, G-d d--n his soul, if he don't buck right square to the post, I'll kill him."
Avarilla Dale: Witness was known as RiIla Belt. Logan Belt was her father. Witness would be 21 years old the 20th of October next. Knew all the defendants. Was living under her father's roof in 1878 and 1879. Jim Belt, George Ratcliffe and Earl Sherwood were at Belt's on the evening of Hambrink's murder. They went away, and Wm. Frailey came by from town and ate his supper there. Frailey and her father were there when she retired, but she did not know what time it was. She did not know whether her father remained at home that night or not. Belt kept in the house two pistols, two shotguns, two rifles and a carbine.


DEFENSE


Avarilla Dale: She slept in the kitchen with a younger sister. There were three rooms in the dwelling. She always retired at the first opportunity--"first chance she got" was her expression. Jas, Belt, Sherwood and Ratcliffe came to her father's sometime in the afternoon preceding the night of the murder of Hambrink, but left late in the afternoon. They were walking. They took guns away with them, but had not brought any with them when they came there. There was a room in the upstairs of the dwelling that was finished; the other rooms

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above were not She went to bed before her sister Jane did. Her father and Frailey where in the house when she retired. Did not know where Jane slept. Witness had married when only 16 years old, and was the mother of two children. Did not remember Dr. Kane being at her father's on the evening of the murder. She was asked why she hated her father so bad. She said she did not know as she hated him, but he had not treated her right. She still could not say that her feelings were very bitter against him. When Mr. Stelle repeated the question, she declined to answer a second time, whereupon Judge Baker commanded her to answer the question. Upon a third demand by Judge Stelle, she told him that "it was none of his business". Question again asked and the witness then said " it was her business", which was the only answer that could afterward be gained on that question. She was at her father's once after he was arrested. He was arrested on Friday, and she went to see him on Saturday. She had never said to anyone that she had been told that those who didn't know any thing would have to be put in jail until they did know something. No one told her that. She did not know what would become of her. She did care as to what could become of her soul if she was to swear a lie. Her father and mother went to working at Ebb Dossett's the next day after the murder of Hambrink. Guns were kept all over the place. Belt, Sherwood and Ratcliffe got the guns in the house-downstairs.


PROSECUTION


R. J. McGinnis: I have not been present at the examination of the other witnesses. I am acquainted with the defendants. Some well, others not so well. I have known Sherwood since


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1872. I had a conversation with Sherwood in Dr. Moore's drug store after the assassination of Hambrink. I was in Elizabethtown and, like all men, went into the drug store. Sherwood was drinking, and the doctor refused to give him any more for fear of exposure. Sherwood referred the matter to me, and Dr. Moore gave me the key to the back room and told me to do as I liked or thought best about giving him more liquor. I drew a small dram and Sherwood, before drinking it, sat it down and asked me if I was not in favor of law and order. I said yes. Sherwood then said, "We have an organization above for the purpose of ferreting out crime, as justice is very slow, and we do with them whatever our chief says. The order of our chief is supreme, and we do not turn them over to civil authorities."Afterward, while in attendance at the trial of Logan Belt in Shawneetown, Sherwood came to me and asked me if I had ever told the conversation as passed between us in Moore's drug store. I replied, "No, Sherwood, I gave you the benefit of being drunk."
Nothing new was elicited by the defense.


Sina Hambrink: My name is Francis Sina Hambrink. I am fifty-five years old. Luke Hambrink was my husband. Don't remember what year we married. Was always hard of hearing. I remember the circumstances. I saw Loge Belt that night; he came to my house an hour after dark, and told me he was going to kill Hambrink, Luke was at Buckhart' s. Never heard the pistol shot. I was in bed when Luke fell in the door. The noise awoke me. The door was latched and I made a light. The first I knew, he was killed. He slept in the new house with Peter, my son, and the hired boy, Sherman Browning. I had not told it because they hadn't asked me.


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DEFENSE


Sina Hambrink: I did not sleep in the room with Mr. Hambrink because there was no room, as he had hired help. We ate together--at the same table. Sherman slept in the room with Luke. I never went to bed until he come back from Buckhart's. I asked how the sick woman was, and he told me she was better and said he believed he would go to bed. Yes, I Bade him good night. I then went to bed. I had been in bed about two hours when I was awakened by the noise made by Mr. Hambrink falling in the door of my room. I guess it had been about two hours but I don't know. We had no timepiece. I think it was about eight o'clock. Luke was lying in the door on his face with his feet on the door steps. He was just in his night clothes--shirt and drawers,clothes he had worn all week. He had not changed underclothing. I pulled the pitchfork out from under his arm. It was not Sunday. I had Buckhart's two largest children and two of my own at home. None of the children were bleeding that I knew of. I awakened Peter to go after Charley Buckhart and Henry Ledbetter came first. Several others came; father for one. Jack Oldham was not there at all that night. I stirred up a light in the fireplace and felt of his clothing and knew him by his clothes. He wore home-made clothing that I made myself, and I knew them by feeling of them. I said I didn't go to bed until after hecame from Buckhart's. I didn't undress. I hadto be up and down with the children. I never undressed at all that night. Peter went to bed after the children did. Luke stayed in my room about one-fourth of an hour and talked about the sick woman. I did not go to his room that night. I did not go out on the porch with him. Loge Belt had been there that night. I did not tell him what


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Belt said. I was afraid. I knew that if he was mean enough to kill my husband, he would be none too good to kill me. We were getting along well and pleasantly; sometimes quarreled some, but not much. He would sometimes get fretted and not talk much either to me or anyone else. I never hated him. I loved him, of course, or else I wouldn't have lived with him. When I wanted money, I got it if I called for it. I never heard or knew that he was going to leave me. We had never slept together since the new house was built. I had not slept with him for eleven years, as we did not have room in the beds for the hired hands without sleeping apart. Tobe and Henry Ledbetter are my brothers. Jim and Jack Oldham are my sons-in-law. George and Frank Dale were my sons-in-law. Yes, I felt kind and devoted towards him at the time of his death, and had no idea,when he bade me good night, that it would be the last time. I don't know whether there is any h--l or not. I don't know anything about that. I think there is a God. I think He will punish wicked people. Question: "Do you havea soul?" Witness: "What is that? What is it for?" Yes, I think I'll be punished if I do wickedly. I never done anything to myhusband. I did not kill my husband. I wouldnot be afraid to meet God and Luke together. I say it is true that Loge Belt was there that night. I expect to die, but I'll never be punished for that. Sherman got up when I called him and came into my room. I had one sick child, that was the reason I didn't undress, for I had to be up and down with it. The children did not awake till morning. The deceased never refused to let his children have money. He told me he had put his money in the bank at Shawnee