The Feud: The Hatfields and McCoys: The True Story by King Dean

Author:King, Dean [King, Dean]
Language: eng
Format: mobi, epub
ISBN: 9780316224789
Publisher: Little, Brown and Company
Published: 2013-05-14T04:00:00+00:00

Portraits from the February 17, 1888, Louisville Courier-Journal, of (in order from the top) Randall McCoy and the defendants Wall Hatfield, L. D. McCoy, Selkirk McCoy; Doc, Sam, and Plyant Mahon; Tom Chambers, Mose Christian, and Andy Varney.

The Kentucky counselors began by admitting that the papers had not been served on the captured men until they reached the Pike County jail. They also admitted that the arrest by Frank Phillips was illegal but asked why the State of Kentucky should be held accountable for Phillips’s individual acts, for which he alone was responsible. Phillips had been appointed as an agent to execute a special purpose, and that was all he had the right to do. He had no authority to negotiate with Governor Wilson.

St. Clair opened for West Virginia. He said that he would show that this was not a case of kidnapping but one in which, as required by the Constitution, a treaty for the extradition of men from their homes to a foreign state was in progress and that Phillips’s correspondence proved that he was acting as an agent of the state. Thus, St. Clair pointed out, an agent designated by the governor of Kentucky had, without proper authority and by fraud, arrested the fugitives in West Virginia. Since the arrest and present holding were not legal, he argued, the prisoner was entitled to his liberty.

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