The Isaac Hall Murder Case

or

The Family that Slays Together, Stays Together

By Teri Pettit

Introduction

In September of 1993, my sister Patti and I went on a research trip to Kentucky, the first time we had been in that state since our early childhood. While at the State Library in Frankfort, I was looking through a book of collected miscellanea called "Talley's Northeast Kentucky Papers", and found on p. 161 a newspaper extract from the Maysville Republican, of Feb 29, 1868, which read "Murder: In Morgan Co., Ky, recently a man named Isaac Hall was called to the door and shot. He retreated, was pursued into the house, and again shot, and killed. Several men arrested. Among them were Hall's own brother, brother-in-law, and all others are related by blood or marriage."

Well! That was intriguing, since I knew I had an ancestor from Morgan County named Isaac Hall. So the next day we went to the State Archives, and when we walked in and were asked by the librarian what records we wanted to search, I replied, "Well, the first thing we'd like to check is that we read in an abstract from an 1868 Maysville newspaper that one of our ancestors was shot to death by his brother and other relatives in Morgan Co., Ky." A man in a room behind the desk overheard us, and exclaimed, "Oh, you mean Isaac Hall! I read about that case." (We now know, based on the material at the archives, that it was not our ancestor Isaac Hall, but rather his son, Isaac Jr., who was killed.) And when we showed him our pedigree chart to show him how we relate to the Halls, he noticed Preston Pettit at the top, and said, "You're related to Press Pettit, too! Did you know Press was shot during the Civil War by Jack Nickell, who was later hung for war crimes, and Press testified at Jack's trial?" (We had heard that Press was shot and crippled by rebels who came to his farm to requisition/steal his horses, but we hadn't known the name of the person who shot him, nor that he had testified at any trial.) It turned out this archivist, whose name is Jim Prichard, is a Civil War history buff, and reads a lot of the old court transcripts. It was so cool to walk right in and find a person, not related to us, who knew all about these ancestors of ours, and was even excited about them. He helped me find the pretrial hearing depositions, and a couple of letters in support of a pardon petition, for the Isaac Hall murder case. Those documents comprise the bulk of this article.

One thing that astonished me in looking through the petitions to the Governor were the number of petitions for pardon for murder, and the number of those pardons that were granted. There were two to five such petitions submitted each month, and more than half were granted. Most of the pardons granted were cases where the victim was someone who had run up against the law in the past; apparently the tolerance for "frontier justice" was very high.


The Victim

Isaac Hall Jr. (ca 1839 - 3 Jan 1868)

27 years old at the time of his death, he was the fourth son of Isaac Hall and Anna Martin. He was a Confederate veteran, and apparently gained a taste for robbery from his wartime raids. He had been prosecuted several times for robbery and even murder (from an incident in which a jail guard was killed during an attempted jailbreak of a member of his gang), but never convicted. Some months before the events covered by these hearings, he had driven from the family home his widowed mother, his two youngest brothers, his sister, and his brother-in-law, and was using the home as a place of refuge for his band of robbers and their women.

When they despaired of getting back into their house by spring, the younger hot-heads in the family cooked up a plan to "arrest" Ike Jr., and shoot him if he resisted arrest. When the actual confrontation came, though, they simply called out to Ike to give up as he walked unarmed to the barn to tend to his horse and mule. When he ran back towards the house (presumably to get his gun), they interpreted it as "resisting arrest", and opened fire from under cover of the woods. Ike was not killed immediately, but was able to retreat to his house, gravely wounded and unable to return fire. Towards midnight the vigilante band returned and shot him again in his bed, killing him. His girlfriend Eliza McDaniel was staying with him and witnessed both shootings.


The Accused and their Accomplices

Ann Hall (ca 1801 - after 1870)

The widow of Isaac Hall Sr., she was the mother of the Victim. She was accused of conspiracy to commit murder because she consulted lawyers before the deed, asking them about the legality should Isaac be killed while the vigilante group was attempting to arrest him. One of the witnesses testifies "Old Mrs Hall said .. he had better be kill than to have to come to the [gallows]. ... She said they had talked to 3 lawyers & if they kill him it was all right he was paid for." (Apparently a colloquialism equivalent to "He got what was coming to him.")

George Martin Hall (1827 - 1900)

The oldest brother of the victim, he took in his mother and siblings when Isaac Jr. kicked them out of the family home. His attempts at a negotiated settlement were unsuccessful, as Isaac demanded more compensation than George or the other family members were able to supply. He did not participate in the ambush, but allowed his home to be used as a gathering place for the conspirators. His wife Susanna was not indicted, though she was at home at the time. (George is the great-great-grandfather of the compiler of these notes.)

Benjamin Franklin ("Ben") Hall (1852 - 1895)

The oldest son of George M. Hall and Susanna Downing, he was thus the nephew of the victim. He was 15 at the time of these events, and was the youngest member of the vigilante band.

James Hall (1847 - 1932)

The youngest brother of the victim, he was 21 at the time of these events, and was a member of the vigilante band.

Jane Alfrey (1842 - 1915)

The sister of the victim, she was also charged as a conspirator because she was present while her husband was planning the ambush. They had been living in the Isaac Hall home until evicted by Isaac Jr., and at the time of the events were staying with her brother George M. Hall.

Franklin ("Frank") Alfrey (1839 - 1918)

The husband of Jane Alfrey, he was the oldest son of Fielding Alfrey, and one of the leaders of the band of vigilantes.

Wiley C. Roberts (1832 - 1913)

The other leader of the vigilante band, he was a brother-in-law of the Alfreys, as his wife Amanda was their sister. He was also a "brother-in-law-in-law" of the victim, since his sister Susan Roberts married John M. Hall, a son of Isaac Hall Sr. who seems not to have been involved in these events. (There is no mention in the testimony of John M. Hall, nor of his two other brothers, David and William.) The parents of Wiley and Susan were Minetry & Euphamy Roberts, who moved from Grayson Co., Virginia to Bath Co., Ky about 1859.

Anderson Alfrey (1846 - )

The second son of Fielding Alfrey, he was mentioned prominently in the testimony as one of the band of vigilantes, but there is no record that he was tried.

Allen Alfrey (1850 - )

The third son of Fielding Alfrey, he also was mentioned in the testimony but apparently not charged.

(Since some of the documents from the case are missing, it is quite possible that Anderson and Allen were charged, with the case against them being heard separately, and that the charges against Anderson and Allen were dropped before the petitions were filed in August.)


The impression one gets on reading the hearing transcripts is that the members of Isaac's family did not think of the shooting as a crime. They were open in talking to everyone about what they were doing. That's why there were so many witnesses. They apparently thought it was legal to kill somebody, even when he was unarmed and outnumbered, as long as he was a well-known criminal and they first yelled "Surrender or we'll shoot!" And they were given that counsel, or what they understood as such, by an honored judge who later became a representative to the Kentucky State Legislature! In fact, if they had killed Ike outright the first time, rather than coming back to finish him off as he lay wounded in bed, there might have been no trial at all.


The Witnesses

Eliza McDaniel

The girlfriend of Isaac Hall Jr. The star witness for the prosecution, she was with him the morning that he was shot. Her parents were probably George McDaniel and Elizabeth "Lizzie" Royse of Rowan County. They had a daughter Eliza born about 1847, and I can't find any other Eliza McDaniel in the area who would be young and single in 1868.

Henry C. Caudill (1828 - 1882)

The eldest son of Sammie Caudill & Sarah Maggard. Two of Henry's brothers were married to daughters of George M. Hall -- Abel Caudill to Mary Ann Hall, and Samuel C. Caudill to Cynthia Ann Hall.

Daniel Pound Short (1835 - 1910)

Sometimes known as "Shifty", he was a double brother-in-law of Henry C. Caudill, since Dan married Henry's sister Margaret, and Henry married Dan's sister Elizabeth. His parents were Charles Anderson Short and Ann Mullins. He had served as a go-between in negotiations with Ike Jr. over the house.

Elizabeth Caudill (1830 - 1915)

Born Elizabeth Short, she was the wife of Henry C. Caudill and the sister of Dan Short. She testified to conversations with the accused.

Sarah Caudill (1849 - 1920)

The daughter of Henry C. Caudill, she was 19 and living at the George Hall home.

Margaret Short (1837 - 1901)

Born Margaret Caudill, she was a sister of Henry C. Caudill, and the wife of Daniel P. Short. She accompanied her double sister-in-law Elizabeth to George M. Hall's house the night of the murder.

Abel Caudill (1843 - 1925)

The 5th son (and 9th child) of Sammy Caudill and Sarah Maggard. His wife Mary Ann Hall (1849-1927) was a daughter of George M. Hall. His brother Henry and his sister Margaret both also testified.

John Riddle (1808 - after 1887)

John William Riddle, son of Lewis Riddle. His only relation to the Hall family was that his daughter Sarah R. Riddle (1851-1933) would later marry William Thomas `Buddy' Hall, a son of George M. Hall, although that marriage was not to take place until 1871. (He is related to the compiler on the Pettit side, though, since his daughter Mary Susan Riddle was the wife of Preston Pettit, and his daughter Martha Ann Riddle was the grandmother of Emma Jane Clark, the wife of Jessie Petitt.)

James Jones

Probably James Boyd Jones (1847 - ), son of William Jones & Barbary Myers, although possibly his uncle James W. Jones Jr. (1828 - ), son of James W. Jones Sr. In one testimony James Jones is quoted as saying that he saw "5 or 6 men passing by witnesses [i.e., his] grandfather's on Lick Fork." In 1868, James Boyd Jones was 21, and his grandfather James W. Jones Sr. was still alive. James W. Jones Jr, on the other hand, would have been 40 at the time, and his grandfather had died in 1851. Also, James W. Jones Jr. was usually known as Jimmy Jones, whereas James Boyd Jones was always called James or J. B. Neither James Jones had any close ties to the Alfrey or Hall families, but they both had ties to Riddles. (James Boyd Jones was married to Nancy Riddle, a daughter of John W. Riddle, and James W. Jones' son Joseph Frankie Jones married Margaret Riddle, a granddaughter of John W. Riddle.)

Lucy McClain (1832 - )

Born Lucy Riddle, she was the daughter of John W. Riddle, and the wife of David McClain. David's sister Emily McClain was the wife of James W. Jones.

Henry R. Myers (ca 1811 - )

Possibly a brother of Mary Adeline Myers, the wife of John W. Riddle. Mary Adeline Myers' father was named Henry J. Myers, but he was born 1775 and died before 1840.

John T. Evans (1850 - )

Son of John A. Evans (b. 1820) and Elizabeth Myers, who had a farm adjacent to that of William Jones & Barbary Myers.

John Jennings (1820 - )

Born in Tennessee, he married Rachel Fannin in Morgan Co. in 1842, and was living in Rowan Co. in 1860.

Oscar Johnston McKenzie (1840 - 1922)

Son of Rebecca McKenzie and Thomas Perry. He married first Eliza Ann Lewis and second Rinda Prater.

I do not have any information on the witness Doc R. D. Weaver. Witnesses Jm M. Lewis and R. B. Alfrey are covered under the Lawmen section.


The Lawmen

G. D. Phillips

Mayor of West Liberty, hearing the case against Wiley Roberts.

J. B. Fugett

Justice of the Peace for Morgan County, hearing the case against Wiley Roberts

Wm Mynheir

Judge of the Morgan County Court, hearing the case against Frank Alfrey, James & Ben Hall.

W. H. Lewis

Justice of the Peace for Morgan Co., hearing the case against George Hall, Ann Hall, and Jane Alfrey.

G. Lewis

Justice of the Peace for Morgan Co., hearing the case against George Hall, Ann Hall, and Jane Alfrey.

Jm M. Lewis

Ex-Sheriff of Rowan Co. He testified as a witness, and also petitioned the Governor for the pardon of the defendants.

John M. Elliot

A very prominent lawyer and politician who conducted the petition drive to pardon the accused. Elliott County, Kentucky and Elliottville in Rowan Co. were both named after either him or his father, John Lisle Elliott. (References differ.)

L. W. Andrews

Another local lawyer, who wrote a letter to the governor in support of the petition. Andrews and Elliott were probably two of the three lawyers whom Mrs. Ann Hall consulted before determining that it was "all right" if Ike were to be killed. They probably defended the accused in their trials.

W. W. Cox

Weston Cox, Sheriff of Morgan County, son of Solomon Cox and Louisa Trimble. (His name is sometimes also given as Western or Westley.) His wife was Elizabeth Nickell.

W. H. Elam

William H. Elam, Deputy Sheriff of Morgan County. He married Nancy Easterling in 1840.

R. B. (Robert Bruce) Alfrey

Son of Alfred and Mary (Bradshaw) Alfrey, and a cousin of the defendant Frank Alfrey. He was a jail house guard. His wife was Sarah Ann Jones, daughter of William A. Jones and Barbary Myers.

D. D. Epperhart

Daniel D. Epperhart, the Examining Clerk who took the hearing notes transcribed here. Son of Henry J. Epperhart and Christina Day, he married first Rutha Nickell and second Sarah Amanda Logan.

I don't have any genealogical information on most of the lawmen. (Now what does that say about my roots?) I would appreciate hearing from anyone who can connect the three Lewises for me.


The Documents

What follows are verbatim transcripts of the pre-trial hearings, from documents at the Kentucky State Archives in Frankfort. The transcripts (except for the case against George Hall, Ann Hall, and Jane Alfrey, which is missing the first four pages) all start with a couple of pages of requests for postponement to await the arrival of either witnesses or lawyers; these postponements have been omitted in the interest of brevity. I have preserved all the misspellings, erratic capitalization and lack of punctuation of the originals. I have photocopies of the originals that I would be happy to share with anyone interested. There are also two letters to the Governor, written the August after Isaac's death, requesting that he pardon the defendants. I have placed these letters before the hearing transcripts, even though they are dated 7 months later, because they make a good introduction.

At the Archives, the hearing transcripts are filed under Morgan Co. Criminal Court records, and the pardon requests as Governor's Papers. I have not been able to find any record of the actual trial(s). Since all of the accused were living and free in 1870 (from census data), it appears that they were either acquitted or pardoned. There were several other short documents relating to the case in the box of Morgan Co. Court records that I took notes on rather than photo-copying, but those notes were accidentally left at the Archives. Most of the other documents were arrest warrants and prisoner receipts, but one was a letter from a lawyer, requesting a change of venue because the case was so notorious locally that it would be difficult to obtain an impartial jury.

The change of venue was apparently granted, because Morgan County Civil and Criminal Court Order Book 10 (1867-1869), records on page 83, "Commonwealth vs George Hall, Charge of Murder, Bail set for $2500.00. Thomas E. Lewis of Morgan County and J. M. Lewis of Rowan County appeared in open court. George Hall to appear in Wolfe Circuit Court 1st day next term." and on page 84, the same actions as above for George's son Ben Hall. On the back of the indictments is an annotation "May Term, 1868. By petition of George Hall, Ben Hall, James Hall, Wiley C. Roberts and F. Alfrey and venue changed to Wolfe County."

Unfortunately, early Criminal Court records for Wolfe were burned, and the earliest available is 1913. The archivist, Jim Prichard, however, recalled having read some trial records at some time in the past. (He said they contained testimony as to Ike Jr.'s actions which precipitated the shooting, including a quote from Isaac that as far as he was concerned, there was only one law, his gun.) Another possibility is that some other researcher walked away with the original documents. The fact that the first four pages of the first hearing transcript, which probably contained the best description of events, are missing would tend to support this conjecture.

Teri Pettit
September, 1993




Morehead Ky
Aug 26th 1868

Hon. J. W. Stevenson
Gov of Ky

Dr Sir

Our mutual friend Hon John M. Elliot, will apply to your Excellency for the pardon of Geo. Hall, Ben Hall, James Hall, Ann Hall, Frank Alfrey, Jane Alfrey and Wiley C Roberts, persons now indicted, charged with the murder of Isaac Hall, the Brother of the three first*, the Son of one of the ladys, and the others near relatives. I refer you to Judge Elliott and the petition for the facts of the case.

I am not aware of your Excellencies views on [the] practice of intervening before conviction, and do not propose to make any recommendation on that point; But allow me to say that If under any circumstances you may be willing to pardon before convection, that the case of these parties present strong claims upon your clemency.

Isaac Hall I defended many years ago for Felony. He was a notorious desperado and such was his extreme violence and utter disregard for all law that his death was necessary to the safety of the lives of several of those charged with his Murder. There exists among the good people who knew the deceased and know those charged a strong solicitude that you may pardon all the parties. I therefore cheerfully & earnestly recommend that you pardon all of them.

Your friend

L. W. Andrews

[*transcriber's note: Ben Hall was not really a brother of Isaac Hall Jr., but rather a nephew, the son of George M. Hall. At the time of the killing, he was 15.]


Gills Mills Rowan Co Ky
Aug 31, 68

Hon J W Stevens
Gov of Kentucky

Dear Sir,

I hope to be excused by your honor & Mr. J M Elliott will present you a petition to obtain the release of Halls & Alfreys charged with the murder of Isaac Hall I write this to let you know that this said decd in my opinion belonged to this organisation and was one of the leaders of the band that robed Bangor, the place of Business of the Licking River Lumber & Mining Co, who had one of there firm (Gen Baldwin) to see you last week in relation to obtain arms &c Hall the Decd helped to rob my store in 1865 & has been a man of evil habits all through his life acting in disregard of the Law shooting officers when they attempted to arrest him. I do this in the Spirit of Justice & this thing of steeling has become a crying evil in many localities of Kentucky & good men have no assurance for their prospect so long as the country is infested with such an element as Hall & others of same stripe are permitted to Run at Large

Yours &c

J M Lewis, Ex Sheriff of Rowan Co

(I did not find the petition referred to in these letters in the Kentucky State Archives. Nor did I find any record of whether the petition was granted or not. But I was only there one day, so I did not have time to make a thorough search.)


<The first four pages of this document are lost. From the last page, it appears to be testimony in the case of the Commonwealth vs George Hall, Ann Hall & Jane Alfrey, and was taken the 15th of January, 1868. The missing first four witnesses were probably Eliza McDaniel, Henry Caudill, Dan Short, and Sarah Caudill, judging by the order of testimony on the other cases.>

fifth winets

Elizabeth Caudill states in the [day] of the Murder of Ike Hall Frank Alfrey came to my house and said If he though he could git any of the Boys on the hill he woud go & git some of them to help take Ike & they would go in and kill him that knight & went down to Halls on the same Evening of the Murder Old Mrs Hall said she could not stay they with Ike till spring she said he had better be kill than to have to come to the gallace when Frank Alfrey came up the old woman Ran & met him & Late in the [night] I heard shooting down at Ikes & Gorges Family was gessing a bout the shooting & when Frank came up again Jane Alfrey said she supposed he was Finished & Georges wife said Ben would Be up the[re] directy or she woud go after him & started & said he would make his wife come back George Hall said he did not like Bens going down to Ike Halls on the morning of the murder

sixth witness

Margaret Short stated that I went with Mrs Elizabeth Caudill down to George Halls He requesed of me if I knew any thing of Will Fouch that he was a going to take Ike Hall that he was badly wounded when we got to Hall the old Mrs Hall said he had to be killd She said they had talked to 3 lawyers & if they They(sic) kill him it was all right he was paid for & she [said] they must wash Ikes clothes & about night we heard a shooting down at Ikes after the shooting I and Mss Caudill returned home but before we started home Jane Alfrey state he ought to be killed we went down to where Ike Hall was killd on Saturday Evening they just had dressed him & Frank Alfrey brought a saddle packett with berrying clothes Mrs Ann Hall & Jane Alfrey said it was right he was killed for 3 lawyers said so the old [woman] said she had raither It was as it is with Ike than for him to come to the galles witness further states that Ike was a good son & cleaver to his mother & well behaved at my house

seventh witness

John Jinning states that I seen a party of men pass my shanty on the north fork on Friday night 3rd of January 1868 I saw five me men coming to our shanty & 3 of them turned off and crossed the creek & Frank Alfrey came to me and said Ike was hurt very bad and wanted us to go up I asked them if they thought he would die and they said he would & they there was an officer with the 3 men that turned off

Eighth witness

John Riddle states that he was not acquainted with Wiley Robbers & the 2 Alfreys I went down to Halls the night of the murder of Ike Hall when I got there they made me go in & examine Ike & know if he woud die & I came out & told them he would soon die & they said the Alfreys & Robers said if he did not die he would come back & finish him & they started the day before Ike Hall was killed saw Frank Alfrey go down towards the River & next morning there was fresh horse sine in the road

Eight witness
[This is obviously the ninth witness, coming between "Eighth" and "Tenth", but the court clerk's notes really said "Eight" here. There was no heading for the eleventh witness.]

James Jones state that I met Frank Alfrey going down to the River the day Ike Hall was killd riding a mule after the murder I went down in the evening to Halls I heard Robbards say they shot Ike & if he did not die they would kill him I heard Jane Alfrey say she was sorry he was killd

Tenth Witness

Lucy McClain states that I saw Frank Alfrey go down towards the River the day before Ike Hall was kill I went to Geo Halls on the Evening that Ike was killed & when I reach the house I heard shooting going on then I went down to where the house <? paper folded> was done & I heard one of the <? paper folded> men say Ike could not live

Able Caudill states that I [heard] George Hall say that these men from the river had shot Ike & it had must bound to be done & said he had got H C Caudill & Dan Short to go down to get Ike to leave the farm & Davis Cornnet told George Hall why did he not git an officer to take Ike with a writ & George said Ike would kill them all & it was a brave trick of them five men going in and shooting Ike after they had shot him the first time & the killing of Ike was a bound to be done the conversation happened on Saturday after murder

January the 15 Wednesday Eavening Court adjourned with the release of Jane Alfrey

Thursday morning court set 16 January 1868
16 January 1868 Mrs Ann Hall Released
The Commonwealth against Geo Hall on try J M Hall Jany 16th
Hall acquited 16 Jany 1868
adjourned untill to morrow morning
January 17 1868 Court set to try Frank Alfrey Ben Hall & James Hall acquited given under my hand as clerk

D. D. Epperhart for Examining
W H Lewis J.P.M.C
G Lewis J.P.M.C



The Commonwealth of Kentucky
against
Wiley Roberts
Morgan County
January the 18th 1868
The Defendant Wiley Roberts having been brought be fore us G D Phillips mayor of West Liberty Morgan County & J B Fugett Justice of the peace for Morgan County Ky charged with the offense of Murder and being informed of the nature of the charge against him and the Commonwealth and the Commonwealth not being ready owing to the absence of the County Attorney and the Commonwealth witnesses, the examination of this Case is therefore adjourned over until the 20th day of this month, and the Defendant Wiley Roberts is committed to the Custody of Bruce Alfrey Special Deputy appointed by W W Cox Sheriff of Morgan County and James A Turner as guards

J B Fugett JPmc
G D Phillips Mayor


<January 20th through January the 28th 1868, daily entries of postponements, omitted from this article>

January the 29th 1868 The court met persuant to adjournment and the prisoner being brought before the Court
Eliza McDaniel Rowin County being Sworn and examined on behalf of the Commonwealth States that on friday after new year Early in the morning Isaac Hall went out to feed his hogs and witness heard two guns fire and went out to See and Seen Isaac hall Runing towards the house and came in and called for his pistols & witness pict them up and gave them to him he went to the bed and fell on the bed and Said he was a dead man witness Staid with him untill about 10 or 11 oclock with him and Hall told her to go to George Halls and tell his mother to come home and tell James hall to go after Doctor Weaver and if he would not go for witness to go witness took the Bridle and Started to the Stable and met 3 men the prisoner Ben hall and Allen Alfrey and they told witness that if She moved they would Kill her and asked witness for the Bridle which She gave to them and Said Kept witness under arest untill Evening Said men went Back to the house and wounded Said Isaac Hall in the night witness Examined the wounds Says he was Shot in the Back and in Each Side which witness believed caused his Death and the made witness go in the house and get I Halls pistols and deliver them to James Hall Frank Alfrey & prisoner came to the party that done the Shooting and they Enquired of witness if Isaac Hall was dead and if not dam him he would go and finish him witness states that he Said Hall was Killed in morgan County as Represented to her

John Riddle of Rowin County Sworn for Commonweath testified Seen the Deft at George Halls with others and went to Mrs Halls and Deft got him to go and See Isaac hall and to inquire how he was Shot and Report to them which witness done and told them he thought he would die and the agreed to leave and come Back and if he got better the would finish him witness Examined the wounds and Said there was five or six wounds which was done in Morgan County on the 3d day of Jan 1868

James Jones Rowin County Sworn for the Commonwealth testified to about the same facts as John Riddle did

J M Lewis Rowin County Sworn for Commonwealth testified that after Thursday after new year Saw Frank Alfrey at his Store and Said he was going after help to arrest Isaac Hall and advised with witness as to how and who to get to make the arrest and after he Returned to witnesses house in company with the Defendant Roberts witness Seen Defendant on Saturday after Isaac Hall was Killed and Deft Said he had Shot in the door but did not know whether he had hit him or not but thought he did not

Henry Myres Bath County Sworn for the Commonwealth Testified that he Seen the Deft with others and Said George Hall had went after men to arrest or Kill Isaac Hall and was to meet Deft at George Halls Said and asked Deft the news Deft Replied the had did what the had went to do and Isaac Hall was dead

The Court having heard the Evidence and the cause being Submitted to the Court and being Satisfied that there are Sufficient grounds to believe the defendant is guilty of the offense charged it is ordered that he be held for trial in the Morgan Circuit Court and not allowed to give Bail he is Committed to the Jailor of Morgan County

J. B. Fugett J.P.mc
G D Phillips Mayor




The Commonwealth of Kentucky
agt
Frank Alfrey Jas Hall & Benjamin Hall
Morgan County
Jany 21st 1868
The Defendants F Alfrey Jas Hall & Ben Hall having been brought before me Wm Mynheir Judge of the Morgan County Court charged with the offence of murder and being informed of the nature of the offence charged agt them their upon the attorney for the Commonwealth moved an adjournment of the Examination untill the 22d of Jany 1868 to procure the attendance of witnesses which motion was Sustained and their upon the prisnors are Committed to the Custody of Wm H Elam Deputy Sheriff for W W Cox Smc and the Guards by him Summoned

Wm Mynheir J.M.C.C


<January 22th through January the 28th 1868, daily entries of postponements, omitted from this article>

Wednesday 29th Jany 1868 Court met persuent to adjournment the prisnors F Alfrey Jas Hall & Benjamin Hall being brought in to Court and the Commonwealth being Ready as also the defendants announced them Selves Ready their fore the defendants counsell moved that the witnesses be Examined Seperatly whereupon all the witnesses Except the one under Examination were removed out of hearing of the witness under Examination

Eliza McDaniel Sworn and Examined on behalf of the Commonwealth testified that she was present when Isaac Hall was shot that she heard 2 guns fire in the direction of the Hill and in a few minutes heard 3 or moore guns fire in a different direction and immediatly saw Isaac Hall come running towards the House and called for his pistoles witnes took the pistole met descest at the door but he could not hold the pistoles he was too weeke Said he was a dead man this was early in the morning between day Light and Sunrise on Friday after Newyear Last in this county about 12 ock in the day witness went to the stable to get the Horse to go for dest Mother and the Doctor witness was then arrested by 2 men says Wily Roberts was one the men they took witnes to the fence above the House and out of Sight of the House from the Locality of the ground in the Evning Frank Alfrey came down with some provisions witness told F Alfrey that Isaac Hall was shot witness said one of the men that had arrested her take the buckett of provision that F Alfrey brought and Lift the Lid off Take out Some Meet & Bread & ate of it and took the remainder to the other men who was under the Bank witness Told Alfrey to go for Dest Mother and Alfrey Left going in the direction of George Halls Late in the Evening witness Saw James Hall & Ben Hall Coming Down from the hill a Little higher up that where the first 2 Guns fired the men Told Jim & Ben to Set down their Guns which they did one of the Men Took Bens Gun went towods the House witness did not See what he done he Soon Returned told witness to go and get Isaac pistols & Gun witness Refused they Said they would not Shoote him any moore witnes then asked F Alfrey who had Returned If She must get them Frank said he reconed they Said they would not Shoote him any moore witness then asked Jas Hall If She must Jim Said yes he Reconed witness went and got Isaac pistols & Gun brought them out gave them to Jim Hall and James Gave one of them to one of the men who went Towords the House and and(sic) witness heard a gun fire witnes asked If she might go to the House & they Said yes witness went to the house and after witness got to the House Isaac told witnes to go and tell Jim to come and see his Brother die but Jim Said he did not want to do it the other men came to the House Made witness Come out as witness was coming out Wily Roberts Caught her by the Arm pulled her out of the house and Several guns was fired in the House at that time Jas Hall Ben Hall & F Alfrey was at the fence when Last guns was fired witness was not acquainted with the 3 men that had arrested her and the Same that Shot the Last Shoots but dest told witness after they Left that it was Wily Roberts Anderson Alfrey & Allen Alfrey that shot dest the Last time this was in Morgan County as witness is informed It is on this Side of the North fork and at the House formly occupied by the widow Hall the Mother of Dest and witness understands the Creek to be the County Line that Ben Hall & James Hall Came from the direction of the first Shooting in the morning that Wily Roberts Allen & Anderson Alfrey come from the direction of the Second firing their not being time to heare all the Evidence the Cause is Continued till the 30th of Jany 1868 and the prisnors again committed to the custody of R D Elam Ds for W W Cox Smc & his guard

Wm Mynheir J.M.C.C


Thursday 30th Jany 1868 Court met persuent to adjournment the prisnors F Alfrey Jim Hall & Ben Hall being brought in to Court

John Riddle of Rowan County Sworn and Examined on behalf of the Commonwealth testified that he Saw Frank Alfrey going in the direction of Licking River the morning following Saw where horses had passed back towards Dest House

Friday Evening Ben Hall Came for witness to go and set up with Isaac Hall said he was shot witness James Jones & Mrs McClain went when they got to George Halls they stoped a short time this was after dark saw Frank Alfrey Jas Hall Ben Hall & 3 other men that witness did not know at George Halls witness James Jones Mrs McClain Jas Hall F Alfrey and the 3 strange men all started to go from G Halls down to Isaac Halls the Dest when witness got to the yard fence of Dest the 3 strange men stoped told witness to go in and see if Isaac Hall was dead and to aske the young woman how he was shot and if he could Live witness went in and saw Dest asked to woman how he was went back to the 3 men Told them he was not dead but that he could not Live one of them said well Let us go then another said yes then we will Leave him and If he Lives we will come back in a few days and finish him and they started off down the Creeke did not see Jim Hall or F Alfrey when the 3 men was talking about coming back to finish him Jas Hall & F Alfrey Left about the same time the 3 men Left did not see Either of them that night any moore Saw F Alfrey Saturday morning next Saw the wounds in Dest baudy thinks their was some 5 or 6 holes in Dest baudy 1 or 2 in the floore 2 in the Doore 1 in the Bedd dest died about midnight of the wounds Recieved this was in Morgan County Kentucky and the 3 day of Jany 1868

James Jones of Rowan County Sworn and Examined on behalf of the Commonwealth testified and says he lives in Rowan County some 3 or so miles from Dest House saw Frank Alfrey the day before dest was killed on Warricks Runn going in the direction of the River about 10 ock at night Said saw 5 or 6 men passing by witnesses grand fathers on Lick Fork on Friday night that Dest died Saw F Alfrey James Hall Ben Hall Wily Roberts Allen Alfrey & Anderson Alfrey at George Halls they all Except Ben Hall started with witnes Jno Riddle & Mrs L McClain down to Dest House witness and Mrs McClain was behind did not see F Alfrey & James Hall after they started when witness got to Dest House Heard Jno Riddle say to Wily Roberts Allen Alfrey & Anderson Alfrey that Isaac was not dead but that he could not Live one of them said well we will go away and if he lives we will come back and finish him Dest died that night about 12 ock they all left soon after the conversation above spoken that is Allen & Anderson Alfrey & Wily Roberts per wit did not see J Hall or F Alfrey any moor that night after they started from G Halls this was in Morgan County Ky and on Friday after Newyear Last.

Jm Lewis of Rowan County Sworn and Examined on behalf of the Commonwealth Testified and says he saw Frank Alfrey at witness Stoore House the day before Dest was shot about noon thinks Allen Alfrey & Anderson Alfrey was in company with him Frank left the Store and came back to witness House or to his yard fence late in the Evening in company with Wily Roberts said they wore going to arrest Isaac Hall said George Hall had gaun for Bona Hallon to arrest Isaac Hall and they wore to meete him said Alfrey said he had great grevences agt Dest for he had threatened his F Alfry life and had drove him from home they left going up the river in the direction of Dest this was on Thursday did not see them any moore untill Saturday morning Wily Roberts Allen & Anderson Alfrey came to witnesss Store House thinks he saw F Alfrey on Sundy heard F Alfrey say his information was that Isaac Hall was Dead

Henry Myres of Bath County Sworn and Examined on behalf of the Commonwealth testified and says he saw F Alfrey in company with Allen Alfrey Anderson Alfrey & Wily Roberts at David Myres some 2 miles above Jm Lewises store House in Rowan County on Thursday night about 8 Oclock the night before Isaac Hall was shot One of them Told David Myres they wanted to borrow his gun Myres asked them what they wanted with it they said they wanted to go Hunting witness then turned to Leave Allen Alfrey said to witness they wore going to do something with Isaac Hall that George Hall had gaun to get some other men to help they all left in the direction of Dest House witness did not see them any moore untill Saturdy morning saw Allen Anderson Alfrey & Wily Roberts at Feelding Alfreys this was a few days after New year

R B Alfrey of Rowan County Sworn and Examined on behalf of the Commonwealth Testified and said he saw Frank Alfrey on Thursday before Isaac Hall was killed on Warricks Run in Rowan County Frank said he was going to his Fathers to get some oil [ail ?] that he had forgotten did not see Frank any moore for 3 or 4 days and after Dest was killed saw him at Jm Lewis store saw Ben Hall their also witness saw Wily Roberts Allen Alfrey & Anderson Alfrey Early Saturdy morning after Dest was killed at Feelding Alfrey in Rowan County

Jno T Evans of Rowan County Sworn and Examined on behalf of the Commonwealth Testified that he was at David Myres in Rowan County on Thursday the 2d day of Jany 1868 saw Frank Alfrey Allen Alfrey Anderson Alfrey & Wily Roberts about Bed Time that night at David Myres Frank Alfrey got down went in to the house Told Mrs Myres he wanted the gun she said he could not get the gun they left with out the gun did not see them any more that night next saw Allen & Anderson Alfrey & Wily Roberts on Tuesday afterwards saw Ben Hall & George Hall a short time after the killing at Jm Lewis Store House

Oscar McKinzie of Morgan County Sworn & Examined on behalf of the Commonwealth Tistified that he was at work about one mile below Isaac Halls on Friday the 3d day of Jany 1868 and the same day that it is Reported that Isaac Hall was killed that in the night some time on Friday that Jas Hall & Frank Alfrey came to witness camp said they wanted some one to go up and stay at Isaac Halls House that some one had shot and killed Dest some one asked who done it Frank said the officer went to arrest him and he was shot witness or some one else asked what officer and Frank said he aught not to tell it would finally come out ther was other persons going down the Creek about the time Frank and Jas came to camp

Henry Cudle of Rowan County Sworn and Examined on behalf of the Commonwealth Testified that he was at home on Thursday morning the 2nd day of Jany 1865 that during the day George Hall came for witness and Daniel Short to go to Isaac Halls to make a compromise with Isaac witness and Daniel Short went Told Dest what George sent them to do Isaac said tell George that If they will pay me $50- for my part of the Land and $5- that Frank Alfrey owes to me that I will leave just as soon as I can sell my corn and dispose of my stock Short said to Dest he would buy his corn witness said Short went back to G Halls told him what Dest said Frank Alfrey was not present at the time George Hall said they had $40- & could borrow the rest or would borrow the rest to pay for Dest part of the land this was the evening before Dest was killed did not see Frank untill Saturday night after Dst was killed saw him at Dest House

Daniel Short of Rowan County Sworn and Examined on behalf of the Commonwealth Testified that he lived some 3 miles from Isaac Halls the Dest says he was called on by George Hall to go with Henry Caudle to Dest and see if he could make a compromise with dest he George wanted to know if dest would take $50- for his Dest part of the land said they have $40- and would borrow $10- if Dest would take it this witness and Henry Caudle told to Dest when they got to his house dest said if they would give him the $50- for his part of the land and pay him $5- that Frank Alfrey owed to him Dest that he would leave as soon as he could sell out his corn and get away witness understood the difficulty to be between Isaac Hall the Dest & Frank Alfrey Jas Hall & Dest Mother that Dest had Runn them all from Home.

Mrs Elizabeth Caudle of Rowan County Sworn & Examined on behalf of the Commonwealth tistified that George Hall came to witness House to get her Husband & D Short to go to Isaac Halls they went this was the day before Dest was killed on Friday the day Dest was killed witness was at George Halls witness Heard the Guns fire Frank Alfrey came up to witness this was about 12 oclock on Friday Frank said they had shot 5 times said witness told Frank if Dest got away he would kill them all Frank said he knew that but it was not the intention to let him get away Frank came up the Creeke riding very fast the old Lady said it had to be done James & Ben Hall was not at home at the time George Halls wife said if Ben did not come soon she would go after him She Mrs Hall went witness did not see her any moore that day witness saw Jas Hall Frank Alfrey and Dest mother on Saturdy night after Dest was killed witness was at George Halls on Friday Evening when George came Home saw George coming he was Riding a strong Horse after the last shooting in the evening George Hall started down towards Dest House did not see him any moore that day witness went Home

Miss Sarah Caudle of Rowan County Sworn & Examined on behalf of the Commonwealth Testified that she was living at George Halls at the time Dest was shot and had been for a few days before that Frank Alfrey & family was at George Halls Jas Hall & old Mrs Hall was also at George Halls that on Wednesday before the dest was killed witness heard Frank Alfrey say he would have times altered before Sunday night on Thursday morning Frank started away witness did not see him any moore that day just before day on Friday witness saw Frank with 3 other men at George Halls they loded their guns and started towards Dest house Frank James Hall & the 3 men that was with Frank Frank came back after day light and Ben Hall went back with him witness started down with Jane Alfrey and met Frank Alfrey coming up again Frank said they had shot him 5 times that he watched for them while they fell back and loded again Dest mother said thy could go to the window and shoote him Frank Alfrey took provisions from George Halls in the morning and at Dinner he went in the direction of Dest house Frank Alfrey also took 2 Blankets & over coat and a pair of Boots did not see any of them except Frank after they left the house Frank said he stood on the Bank and watched while they fell back and loded

Able Caudle of Rowan County Sworn and Examined on behalf of the Commonwealth Testified that he met George Hall at Cyrus Alley on Saturday after the killing Ben Hall came for witness to help burry the Dest witness told him they might bery their own dead

here the Evidence for the the Commonwealth closed their not being time to heare all the Evidence on the part of the Defence Court Adjourned till the 31st Jany 1868 their upon the prisnors are committed to R D Elam DS for W W Cox Smc & his guards

Friday 31t Jany 1868 Court met persuent to adjournment the prisnors F Alfrey Jas Hall & Ben Hall having been brought in to Court and the Court Having heard all the Evidence and arguement of Counsel and being satisfied that their are sufficient grounds to believe the Defendents are guilty of the offence charged It is ordered that they be held for trial in the Morgan Circuit Court and the Deft Ben Hall allowed to give Bail in the sum of one thousand Dollars

The Defendants James Hall & Franklin Alfrey are not allowed bail they are their fore ordered to be committed to the jailer of Franklin County



The Commonwealth of Kentucky

To the jailer of Morgan County

You are commanded to recieve in to the jail of Morgan County James Hall & Franklin Alfrey and them safely keepe untill discharged by Due Course of Law they having been held by me Wm Mynhier County Judge as Examining Court for trial in the Morgan Circuit Court on a charge of Murder given under my hand this 31st day of Jany 1868

Wm Mynheir J.M.C.C


The Commonwealth of Kentucky
agt
Franklin Alfrey Jas Hall & Ben Hall
charge of Murder
Eliza McDaniel John Riddle James Jones Jm Lewis Henry Myres Jno T Evans R B Alfrey Henry Caudle Daniel Short Elisabeth Caudle Sarah Caudle Oscar McKinzie & Able Caudle appeared on this day in Court and severally acknowleding themselves indebted to the Commonwealth of Kentucky in the sum of one hundred Dollars ($100-) Each to be valid however upon their severally appearing in the Morgan Circuit Court on the first day of Ct next Term to testify on behalf of the Commonwealth against Frank Alfrey & others and not depart without leave of the Court attest by me as Judge of the Morgan County Court this 31st day of Feby(sic; but the date was really Jan)1868

Wm Mynheir J.M.C.C




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