Shadrach Jackson
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.
150
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
152
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
153
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,
155
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.
161
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-
162
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.
163
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
164
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
169
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
170
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
171
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
172
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
173
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.
174
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
175
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
176
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
177
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
178
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.
179
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
180
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 Shawneetown. He kept money
in the bureau to pay hired hands with, etc. I don't think
I was sworn at the inquest. I was afraid
181
to tell it. I never put the dogs up.
There was a big hogshead there. I never saw any man get
into the hogshead. I never had any revolver. I set the
pitchfork up by the sideof the door. I got it out from
under his arm. I did not know any better than to take the
pitchfork out from under him. My sons-in-law never tried
to get money from Luke that I know of. I don't know
whether he ever let theOldhams have money or not. Bettie
and Ida were in my room asleep. They went to bed just
after dark. I never came down to see the State's
attorney, but came down to see about getting some money.
I never got any money from J. Q. A. Ledbetter. He never
premised meany to swear.
Redirect: She came here to see the guardian of her
children, Mr. G. W. Douglas, for money.
PROSECUTION
Sina Hambrink: She was subpoenaed on
theThursday previous. She had been there since Friday
boarding with Mr. Anderson. She had never consulted a
lawyer about having her dower set apart. She did not
authorize Tobe Ledbetter to see Logan Belt in regard to
having her dower set off to her. She never consulted with
Tobe Ledbetter in regard to obtaining possession of
Luke's money. She got $1,000 of the money after his
death.
Sherman Browning: He was working for
Hambrink and was there the night he was killed. He was 21
years old. He slept in the same room with the deceased in
the new house and next to the road. The road ran south of
the house; two beds in that room, and the chimney was in
the north. The old house faced the south; the stairway in
the new house was next to the fireplace. Luke slept in
the southeast corner, and
182
the bed he and Peter occupied was next
to the old house. A bureau sat between the two beds. He
heard the shot fired and saw a glimpse of someone going
out as he raised up, but sank back in bed, until Mrs.
Hambrink came running in and hollered for him. Luke had
kept the pitchfork standing by his bed all the time he
had worked there. Luke was lying on his face dead, in the
door, when the witness had gotten up. Peter slept in the
same bed and behind the witness. It was a three-tined
fork, and the handle was partially broken off. It was in
the county of Hardin and State of Illinois. Charley
Buckhart came first and blew the horn.
DEFENSE
Sherman Browning: He went to bed just
after dark, as was his usual custom. He said Peter was
sent to Charley Buckhart's by Mrs. Hambrink. She told him
to tell Buckhart that Hambrink was killed. He said she
just came to the door when she called to him, and didn't
come in. He didn't think she was on the porch when
Buckhart came down. The report of the pistol was about
the room, and he saw the form pass out instantly. Peter
and Browning arose out of bed about the same time. Some
times Mr. and Mrs.. Hambrink were not on very good terms.
He stayed there all summer and then went to Geo. Oldham
's. He thought Jack Oldham and Henry Ledbetter were there
sometime during the night after Luke was killed. He heard
Mrs. Hambrink and Tobe Ledbetter talking in regard to the
money the deceased had in the bank at Shawneetown, some
$2,400. He heard some talk of Luke going back to Germany,
but didn't know very much about it. Defense asked him if
this was not a week or two before the deceased was
killed. Browning said he thought so, but hardly
183
knew. No lamp was lit in Luke's room,
but there was a lamp in the old house when he went to
bed. His stepmother was sick at Buckhart's, and he
(Browning) moved her away himself with Luke's cattle
afterwards. The deceased was killed in his night clothes.
He did not think the pitchfork was under Luke when
Buckhart came, but that old lady Hambrink picked it up
and stood it by the door while Peter was gone after
Buckhart. He did not think that either himself or Mrs.
Hambrink were sworn at the coroner's inquests. Witness
was 13 years old at the time of the murder. He didn't
understand that Mrs. Hambrink told Peter to tell Buckhart
the child was bleeding, but that "his pa was
killed". He again said in answer to query that he
had heard some talk to the effect that Luke was going
back to Germany, but they didn't say he was going to take
his money with him. He didn't know how long it was before
Hambrink's murder. Sometimes they were in one house,
sometimes the other.
PROSECUTION
Daniel Austin: He remembered the circumstances of Hambrink's death. He lived one mile from Hambrink and one mile and a quarter from Logan Belt. The evening Hambrink was killed, or the evening before, Logan and Jim Belt had passed his house coming from towards Hambrink 's. There was a by-path leading from Belt's to Hambrink's and through by his house. Hambrink's name was mentioned by Logan and Jim Belt in connection with the fence, but he did not hear any threats made that he remembered. Witness saw tracks of four men the next morning after the murder, the tracks leading across his garden, which had been logged just the afternoon before. Witness did not, at the time of first noticing the tracks, know that the murder had been com-
184
mitted. He said the tracks had been
made late that evening or night, as he had erased all
previous tracks by logging. These tracks went across the
logged ground and across his opinion bed in the direction
of Luke Hambrink's. It was between dawn and sun-up when
he discovered the tracks. He did not hear of the murder
until noon the next day. He was working the road, but
stopped to view the remains of the deceased when he heard
of the murder. He saw tracks in the plowed ground in
Hambrink's field and some fifteen or twenty steps from
the house. He heard others speaking of them and went to
see them, and said they corresponded with the tracks made
in his garden. The path then ran through to Hambrink's
and by his house was a narrow brushy one. Witness also
stated that the"Belt 40" laid between the farm
on which he lived and Hambrink 's.
DEFENSE
Daniel Austin: No threats were made to
get me to swear this. No one has been at myhouse the last
few days. Dr. Quillen was inthe neighborhood a day or two
ago. I don'tknow who made the tracks. I said the
trackswere going toward Luke Hambrink's. Belt saidhe had
been to see about his fence; that hewas going to tear
loose from the deceased. Iheard screaming and horn
blowing early onthe night that Luke was killed.
PROSECUTION
Harvey Hollemon: I live in
HopkinsCounty, Ky. I have been under arrest sincelast
October. I know something about theburning of Lucy
Sterling's house. Wm. Fraileyand I are the men who did
it. Belt said if oldLucy was there, to
185
burn her up in the house, as he wanted
to getrid of all the witnesses, and she was one ofthem.
Belt sent Isaac Keeling and myself downto H. Belt's to
run Covert out so he couldkill him. I buckled a big
revolver to thehorn of my saddle in order to scare him
away;we were to scare him off. Loge had BillFrailey and
Bud Belt up on the hill by EbbDossett's to kill him, as
he said Covertwould run up to Tom Oldham's for
protection.Bud Belt has a brother named Jeff, I believe.I
know Loge had lots of firearms. I workedfor him a good
while. Yes, the house of LucySterling was the only house
I was sent toburn. I am acquainted with George
andMarcellus Ratcliffe. I knew Jonathan Belt. Ihad a
conversation with Loge. He said he andJonathan had about
seventy-five men and theywere going to wipe out the whole
thing. Hesaid they would clean up the Oldhams and allthe
witnesses while they were at it. That wasthe day before
the house was burned.
DEFENSE
Harvey Hollemon: He had been in jail
ever since the last day of October. He was charged with
burning a house and had been indicted, he said, for
perjury, because he said he did not do all the hollering
on the street while drunk. Lucy Sterling's house was
about two and one half miles distant from Belt's. He had
told no one what his evidence would be here on the stand
in this trial. He said Mr. Morris had told him that it
might be better for him to tell the truth as a witness
here, but promised him nothing. He was not used as a
witness in the habeas corpus trial last fall because they
objected to him. He had sent for Morris to come and see
him while in the jail. He wanted to know about his bond.
He also acknowledged
186
to Morris that he had set fire to Lucy
Sterling's house. He applied a match to the bed, and they
would have burned Lucy had she been there. That was
Belt's instructions. It was in the daytime. A thousand
people, he guessed, had talked to him about his case.
Yes, he said, at his boarding house he had talked with a
good many about his case. Defense asked how it came that
he was cared for so well, provided with a hotel, etc.
Witness said they had a boarding-house connected with the
jail. (Laughter) P. M. Pritchard had told him it would be
better for him to tell the truth. Marcellus Ratcliffe had
talked to him since he came up. But defense objected to
him telling the conversation. Defense asked him how many
times he had been hung. He said he didn't think he had
been hung yet; he had not been hung in Kentucky. He had
no assurance from the State's attorney that he would be
given any quarter, no matter what his evidence was. He
did not remember the number of persons whom he had talked
with concerning his case, and refused to give them any
satisfaction. Defense asked him if he was not aware he
might be fined for contempt of court and remanded to
Jail? He said no, he was already in jail. (Laughter) He
said he had become used to it, and now felt pretty much
at home in jail. He did not tell theSheriff about
breaking Jail when he was put in for perjury, as he said
he did not believe that was his business. He had gone to
Judge Ledbetter on Thursday night previous to get a bond
filled. The Judge told him that any time that the friends
of the witness would sign his bond, it would be all
right. He could either have his trial at this or the next
term of court.
PROSECUTION
Samuel Grindstaff: He is 47 years old.
He
187
was first acquainted with Logan Belt
in 1867.He went to Joliet in 1870. He began to cell with
Logan Belt late in the fall of 1879, and was with him
till the latter part of 1880. He was expecting to be
released from prison, and Logan Belt wanted him to go and
marry old lady Hambrink. Belt said she wanted to marry
very much, and he had tried to get Blades to marry her
before he left Hardin. Logan Belt said that he wanted him
to come down to Hardin and marry Mrs. Hambrink. Then he
was to persuade her or make her confess that the Oldhams
killed the deceased, and the witness was to get Jim Belt
and George Ratcliffe to swear that she confessed it. If
that would not work, to get Jim Belt and Geo. Ratcliffe
to burn the barns of Bob Sheridan and Jonathan Belt. They
would understand it, and then to lay it on the Oldhams
and swear that they did it. He says he would give the
witness his farm if he would "tack" the murder
of the deceased upon the Oldhams. Belt said to
"wheedle" her into it if it could be done, and,
if not, then to force her to do it. Belt received
Clandestine letters from George Ratcliffe while in
Joliet. He would read them and then tear them up. He said
he could depend upon Ratcliffe with his life. Witness had
become acquainted with Belt in1867 while with Wm. Corlew.
He knew Wm. Frailey. Belt sent for the witness and he
went to see him. Belt told the witness that he wanted to
make a clean breast of that thing--the murder of the
deceased. He knew who killed the deceased, and that it
was Wm.Frailey. Belt said he could stand it no longer,
and had sent for the witness in order to tell him this.
He said that he could swear that Frailey committed the
deed, and he wished to write a letter, for publication in
the "Shawnee Record" to that effect. He was
behind on his subscription to the paper,
188
and that in consequence he could not
perhaps secure the publication of it. He asked the
witness to send one dollar for him to the editor of the
aforesaid paper. Belt said there was an impression on the
minds of the people in Hardin County that he killed the
deceased. He thought, if he could remove that impression,
they would readily sign a petition for his release from
prison, which was becoming almost unendurable, he said.
Witness gave the one dollar to the warden, with the
proper instructions concerning the same, and he supposed
it was sent, as he afterward sent me a letter with a
dollar enclosed. Belt talked agreat deal about Ratcliffe;
he said he would do anything. Once, upon receiving a
letter, he said that George was weakening. Letters from
Belt were introduced. Witness had seen Belt write and
said he wrote those.
DEFENSE
Samuel Grindstaff: Nothing new
elicited, save that the people paid his expenses as a
witness from Lemont, Ill., to the county capital, he not
having the ready means at his disposal. Belt received
letters from Geo. Ratcliffe all the time. They came in
through what was known as the "underground
mail". There were parties who would secretly bring
in and take out mail. In response to questions asked, he
stated that he had been convicted of murder and sentenced
for killing Jesse S.Davis, his wife's stepfather. He
killed him in open daylight at the store. He did not
waylay or take undue advantage of him. There were
witnesses to the deed. A great many questions were asked
by Judge Stelle on this point, when the witness, becoming
exasperated, said he was not aware that he was on trial
for his lifef or a crime committed years ago, and for
which he had, ere this'
189
paid the severe penalty. With the
aforegoing remark, the witness declined to answer further
questions on the subject. Belt claimed that Wm. Frailey
killed the deceased. Frailey sent the witness a statement
in 1884. He told him that Belt would make his statement
at any time. He was at the Dossett's the Sunday previous.
The State's attorney was there and had taken dinner. He
did not remember whether Tom Leeper was there or not. The
money to pay his fare here was sent by the people through
Mr. Server. The money was not for any other purpose.
LETTERS BY LOGAN BELT
Shawneetown, Ill., Jan. 7,
1887.--Mr.Samuel Grindstaff, Lemont, Ill.--Dear Sir and
friend; Just a few moments ago I looked out and saw
strolling leisurely along the street, looking up for
someone he knew, doubtless, and I raised the window and
said "Berryman", for I thought I knew him. He
flashed those gray eyes up. I said come up. Oh, no; I
can't. Yes you can, said I; just come in through the hall
right up and you will be let in all the same, for there
were several friends in the jail, and the old man Blades
also. So Berryman came in and had a leisurely chat with
me. Among other things he said, this is the first time I
have ever been in this jail. While Sam was here, I was
here several times, but was not on the inside. Said I,
"By the way, you could not tell me where abouts when
I last saw you, so now I can tell you. You bet he had me
to give him your P. O. address. Well, Sam, you did not
answer my other letter. Don't suppose you wish to be
annoyed with me...Well, that's all right, and I don't
know of any use I could make of you in my trial, nor
don't expect to try to have you, but they had made such a
blow about me
190
having the same talk to
you about Bill Frailey, that I had to. I thought I ought
to have something to meet this infamous clamor,as it
might get up some public sentiment against me. However, I
am satisfied that if you know anything that will benefit
me that you may have learned from Frailey, you will give
me the benefit of it in due time." Myhorse and buggy
was standing at the fencewhen Berryman came in, and him
and GrantBelt got in it and started for home, so I sat
down to scratch you these few lines and to send you that
dollar you loaned me when I was in prison at Joliet. Sam,
I have got lots of friends in this trouble, but
Ledbetter's and Morris' surroundings make them truly
desperate, as well as the witnesses they are using.
Yours, with due respect,
L. Belt
I enclose $1 bill to you instead of a postoffice order,
not knowing your chance to cash it.
Shawneetown, Ill., Feb. 11,
1887.--Mr.Samuel Grindstaff, Lemont, Ill.--Dear Sir, I
received a letter the other day from Hardin County asking
me to write you asking you to flatter this gang with
knowing something, and that he would insist on old Ile
Dossett sending you money to come on, and that he might
get you on the stand, etc. I wrote him that I would
submit the question to you, and that if you thought
favorable of the matter, you might play it on them. They
have got you on the indictment as I wrote you before, and
some of my friends seem to think they will make no effort
to get you and try to continue on your account, but I
don't see how they can with your statements here on
paper. We have kept your letters all quiet. There isn't
one that knows we know where you are unless Grice has
told them. Have they
191
subpoenaed you yet? They
subpoenaed all their witnesses in the county a month ago.
Has any of them written you yet? Your statement that you
had Bill Frailey's written statement, made to you in
1884, concerning the Hambrink murder, caused us to keep
your letter still,as you said you would give it to the
public at the proper time. Court is going on here. They
are into a murder trial now--E. D. Youngblood for the
defense and Kinsall, county attorney and F. M. Youngblood
for the prosecution. I was out in the court and stayed
one-half day and listened at them; then was up to
Pillow's office, met old Uncle Bill and stayed until 10
o'clock in the night. I want to go out and hear the
argument in this present trial if my health will admit. I
am in very poor health at this time. I would have written
you some days ago had my condition been such. Let me hear
from you. Say what you know or think about this matter.
Yours, with respect,
LOGAN BELT
PROSECUTION
Sarah Greene: Her name was Sarah Covert. (Here defense objected to the witness, saying that she was called to the stand under a different name. But her papers of prosecution revealed the fact that she was endorsed under both the names.) She had testified in habeascorpus trial before McCartney. She lived in the shop on the hill of the Belt place the year the deceased was killed, or in 1879. Logan Belt told her in the afternoon of theday before the killing that he was going to kill the deceased. That the d--d old Dutch son-of-a-b----h should not live any longer to furnish money to prosecute him on. Belt wanted her to swear that he had stayed at her house and clear him. She
192
told him she wuold. He
afterward came back and told her he had killed the
deceased, and that he now expected her to do as she had
promised. She told him that she could not do it, as Frank
Hardin and his wife, and JesseLowry and his wife were at
her house that night and she could not do it. Logan said
if you ever tell this I will kill you. Frank Hardin and
his wife went home at 11 o'clock that night. He had been
playing the violin, but Jesse Lowry and his wife remained
all night.
DEFENSE
Sarah Greene: Simply a
repetition of the first statement. Wm. Frailey had
written some two or three letters to her while at Joliet.
A letter was presented to her, asking if she wrote it,
and she said "No," but Stelle told her to look
at it and see whether or not she wrote it, before being
so positive in regard to it. She replied that she knew
she did not write it as she could not write. She did not
have a letter written which closed as follows, "Ever
your friend and lover till death. From Sarah Greene to
Wm. Frailey, under the date of November 2nd, 1883."
She did not have a letter written in which was found,
"in your absence every day seems a week and every
week a month and every month a year." She never
agreed with Frank Hardin to swear him out of the murder.
She had heard from him since, and he was then in
Missouri. She expected to be alone on the night of the
murder, and would have sworn false for Belt if she had
only been alone, but as it was she could not do it. She
would have been afraid to do otherwise, she said.
PROSECUTION
Thomas Scott: He was acquainted with Logan
193
Belt, but not the deceased. Belt told the witness that he had earnestly and fervently prayed for the death of the deceased, and that he conscientiously believed his prayer would be answered. This was in September, 1878, before the death of the deceased in the following April. Witness had stopped at Belt's to inquire concerning a horse that had strayed, and which the witness was hunting, and which Belt had formerly sold to a Mr.Clark, of Golconda. He remembered Belt's trial at Shawneetown. Belt told the witness that the deceased was furnishing money to prosecute him (Belt) with.
DEFENSE
Thomas Scott: He was at
Belt's in 1878 hunting a horse. Belt said there was a set
in the sinks that would do anything to occasion his
downfall. Witness said that his father's name was Freeman
Scott, and was now living near Carrsville, Ky. Witness
had lived in both Kentucky and Illinois, and had known
Belt since he was a boy. The father of the witness lived
at Ford's Ferry, Ky., when he first knew Belt. His father
and Belt were acquainted, and Belt used to come over to
attend the horse races with his father. Witness was now
living in the sinks with his brother, George Scott. His
brother was hard of hearing--had been for several years,
and was 43 or 44 years of age. The neighbors of the
witness were Oliver Pearson, Hi Belt and others. Defense
then asked him if the Oldhams lived close to him. He
said, "Yes, but I never neighbor with them."
Witness knew Jim Oldham, Wm. Frailey and Ile Dossett. The
state had not paid him any money as a witness in this
trial, he said in answer to question of the defense. He
had told what he knew to Frank Riggs and Ile Dossett. He
had spoken to Belt
194
in passing. The
conversation with Belt, when he was hunting a horse, was
the last talk the wetness had with Belt. The witness was
36 years old. He was to get no money for making this
statement in this trial, but expected to pay out a great
deal on account of it, he said.
PROSECUTION
Ile F. Dossett: I am
County Commissioner. I know the defendants. I heard of
the death of the deceased. I was at Ebb Dossett's at a
working the next day. Loge Belt was there. We were
talking about Hambrink's death, and I remarked that
"I was very, very sorry." Loge remarked that he
wasn't a d--n bit sorry, for the reason and manner in
which Luke had treated him in his past trouble. I talked
with George Ratcliffe. Logan Belt afterwards asked me how
I would like to join or go into a crowd to ferret out the
Hambrink murder. I told him if it was composed of the
best citizens, then I was ready, otherwise, not. I
insisted the second time on Belt telling me who was into
it and who was going into it. He said, No,I would find
out who was in it after I got into it.
Nothing new was elicited by
thedefense.
PROSECUTION
Reese Lackey: I know the defendants. I
was at Logan Belt's at a dance. Belt nodded his head to
me and we went out together, and he told me they were
getting up a Ku Klux Band to ferret the murder of the
deceased. Loge said, "My lawyer, Bill Greene, told
me this would be the instigation of me beating mycase
with the Oldhams." He told me that the deceased had
been furnishing the Oldhams money to
195
law him on, and that by G-d, every dog has his day. Me thought he would have his, as he intended to kill him. He told me at another time, a month or so before the deceased was killed, while we were hunting, that he wished the G-d d--d old Dutch son-of-a-b---h would come along, so that he could empty both barrels into him. We were at the time sitting upon a log back of Hambrink's field.
DEFENSE
Reese Lackey: I had a conversation
with Belt in our house, my mother's house. I told Belt if
I was him I would discharge Bill Greene if that was his
advice. I told Belt I did not wish to join his band, and
he said, "If you divulge the secret, the penalty is
death, and you are under as much bond as if you
belonged." I can't say that my feelings are bad
against Belt, as I have no ill will against the man at
all.
H. M. Winders swore that he had seen a
great deal of Earl Sherwood's handwriting. He identified
the following letter received byTom and Jesse Oldham as
being in his handwriting. On cross-examination, he said
hecould identify it by the way he makes capital L's and
K's, and the general appearance of the writing.
FOLLOWING IS A COPY OF THE LETTER
At home in all places, but more
especially in Hardin County, Illinois.--Gents: As we
desire to be friendly with all parties, we want in this
epistle to warn you in the event of your attempts on our
own friend, Logan Belt. We, the citizens of the above
named place, are fully determined to hold all of you to a
strict
196
accountability for any
threat or attempt to injure our much esteemed friend, a
Lieutenant in the army during our last war.We, the
aforesaid citizens of the abovenamed place, are fully
aware of the dastardly attacks made by the "Odum
Stock"on account of our lieutenant merely
discharging his duty and sending one to his home, who
richly merits all he got, and, as this letter means
business, you had all better beware of us Ku Klux as we
have eaten nothing of any consequence since the battle of
Shiloh, and are hungry. Beware! Beware of us fellows, as
the leaves are now on the trees, and as we are nothing
but shadows and fearfully hungry, and, as we are desirous
of acting in Ku Klux style, we warn you to beware of the
infuriated friends of Lieutenant Belt, who are and have
been watching his welfare for some time. We are merely
across the brink, but all attention should anything occur
to our esteemed friend, and be sure to accept this as
from a friend, as we do not wish to send any of you to
Shut-Eye Town unless some depredation is committed upon
the person or property of our friend. Now, as you and a
considerable number of your dirty acquaintances are mean
enough to do anything on this earth, be sure to take this
as a memento mori, And now farewell. From your only
friend on this lower footstool.
A CITIZEN OF THE ABOVE NAMEDPLACE Addressed: Thomas and
Jesse Odum
PROSECUTION
Nancy Lackey: I know Loge Belt. I lived one mile and a half from Loge Belt. Belts tayed at my house all night. I went out of the room, and when I came back, I heard Belt say, "Oh, G-d d--n his old soul, I will kill him." I asked him who it was that he was going to kill. He
197
says, "Luke
Hambrink, G-d d--n his old soul." I said, "You
will kill a mighty good man." Loge said, "Sina
and me are going to kill him. We have been plotting for
three years to kill him. Henry and Tobe Ledbetter are
carrying the news. Oh, G-d d--n him, I'll kill him"
I was at Belt's after that time to get my pay for corn he
had bought of me. This was about one week after the
killing. Loge invited me to get down saying, "Mary
is not at home, but get down, anyhow. I sent her out this
morning to ascertain whether or not she could get any
news concerning the killing of old Hambrink ."
DEFENSE
Nancy Lackey: Age 68.
Born in North Carolina. My name was Davis before I was
married. I have known Belt since he was a small boy. He
has lived in different places. I think he was a bad boy.
I came here in 1830. I remember hearing of the
circumstance of the killing of Doc Oldham. I don't know
whether Belt moved between the killing of Oldham and
Hambrink or not. Belt had been passing around there with
the boys. This conversation was about three weeks before
he killed the deceased. Reese was there. Belt frequently
visited my house and stayed all night. That time he came
in the fore noon, went up into the bend and did not get
back till late in the evening. He stayed all night, and
the next morning went fox-hunting with Reese. It was
before starting the next morning that he had the
conversation. Reese was just stepping out of the room as
I came in. I had been in the other room making up the
beds. I never told this to anyone because I was afraid. I
don't swear that he came there because I was
good-looking. I presume it was because he was a neighbor.
He did say in the conversation the
198
morning I went to his house that the Oldhams were going to charge him with the murder. He subsequently said that he had sent Mary (his wife) to see if anyone suspected him of killing the deceased; that if they did, he was a goner. He said he had not been off the place. He has not paid me for my corn yet. Belt did say that he was going to kill the deceased because the deceased would not allow his family any privileges, and because he was furnishing money to the Oldhams to prosecute him with. I have had one or two sick spells. I was not present at the killing of the deceased.
PROSECUTION
Thomas Oldham: I knew Logan Belt. I knew the deceased. I received this paper (same as printed in the last issue addressed to Thomas and Jesse Oldham) by mail. It was mailed at Salem, Ky. I lived near Cave-in-Rock when the deceased was killed. I lived three-fourths of a mile from the deceased when Doc Oldham was killed. I did not see Elisha Oldham for some days after the deceased was killed. Did not see Elisha Oldham have considerable money after the deceased was killed. Don't know about Elisha Oldham having his clothes out the next morning after Hambrink was killed. Did not say to Dan Austin that "By G-d, I have convicted him again" just after preliminary examination. Did not make any statement of the kind to Dan Austin. I know Mrs. Rittenhouse. I did not say to her last fall at her house that "Tobe Ledbetter had admitted enough to me to break his neck." Question: "Did she say: Don't you think Tobe Ledbetter and Mrs. Hambrink know who killed the deceased?" Answer: I don't know whether I said I don't know or not. I did tell Mrs.Rittenhouse that I was satisfied that Tobe Ledbetter and
199
Mrs. Hambrink knew who killed the
deceased. Tobe Ledbetter never did tell me who killed the
deceased. Doc Oldham was a brother of mine. I was a
witness against Belt in his case for killing Doc Oldham.
Lucy Sterling was a witness for the people. I don't know
whether she was used by the defendant or not. I can't
read writing. I can't write. I lived about six miles from
the deceased when he was killed. I know there was a
subpoena ordered for him, for I ordered one out for him
myself, but do not know whether it was ever served or
not. My feelings are very bitter against Belt. I heard of
the kiIling of the deceased. I was at home that night.
The deceased never furnished me any money to prosecute
Belt with. I don't know that he was ever asked for money
for that purpose by anyone. I received the letter just
before Luke's death. James is my brother. Jack is my
brother. I did not pay the cost of prosecution.
Jane Condit: I know Loge Belt. I heard
Logan Belt tell Reese Lackey that the deceased was
loaning the Oldhams money to prosecute him on, and he
intended to kill him. This was in January, 1879, before
the deceased was killed in April. Belt and Reese were on
the porch. I was in the big room washing the dishes and
Mrs. Lackey was drying the dishes. My name was Clark.
Mr.Clark was not dead. I was a grass widow. Zed Jenkins
and John Norris are my second cousins. My hearing is bad
now. My hearing was not bad then.
Nothing new was elicited by the
defense.
PROSECUTION
John Lane: I am acquainted with all the
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defendants. I am related
to some of them. Loge Belt is an uncle of mine. Mr. Belt
sent Isaac Keeling to see me. Ile came and said Belt
wanted to see me. Belt said he wanted someone to get on
the road and kill Morgan Tucker. This was in the night.
Isaac Keeling heard Belt's statement.
DEFENSE
John Lane: I am 40 years old. My
father's name was Carroll Lane. I have 5 sisters. I now
live on the deceased's place. At the time of the Hambrink
murder, I was living in the sinks, two or three miles
from Cave-in-Rock. At the time Belt came to me, I was
living on the Hurt place one-fourth mile from the
deceased's. I can't state whether I had gone to bed or
not. Belt said he wanted someone to get out on the road
and kill Morgan Tucker. I went to Ike Keeling's that
night. The next morning I went home. This was a year, or
maybe longer, before the deceased was killed. One house
stands with its side to the road, and one with its end to
the road with porches in front. I have my opinion who
killed the deceased. I told Belt I had nothing against
Tucker and would do nothing of the kind. They were armed.
I did not know but what they had a load for me. Tucker
had gone to church. The road was near the church. Belt
went back to his house. I went toKeeling's. I don't
remember why Belt did not go and kill Tucker himself. I
don't know whether I have given all the conversation with
Belt when we went to him that night or not. Belt had a
shotgun. There has been no change in the places. The road
is running east and west past there. The house is on the
north side of the road. I don't know which room the
deceased and his wife occupied, only just what I have
been told. The
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porch is some longer than the width of the floor. It may be five, eight or, perhaps, twelve inches . I have lived there two years. I am his tenant. John Q. A. Ledbetter owns the premises. I can't tell when I first told this. Isaac Keeling and I first talked about it; then I talked to Mr. George Douglas about it. It has been two, three or perhaps more years, but it was not since Belt came back. I think though, I told Mr. Douglas before Loge went to Joliet. Mr. Douglas lives up there. I was not the administrator. I was one of the heirs. There was no administrator on my mother's estate. Mr. Belt never claimed that we owed him some money. I can't say positively that I told that we owed him some money. I can't say positively that I told anyone else. I lived on Belt's place a short time--some six months. I made a crop on his place. I rented from his wife. I think Tom Oldham had some wheat on the place. I think I told Mr. Pritchard, and might have told someone else. I never told anyone that Bill Frailey killed the deceased. I have known Frank Tolbert for a good while. I have not been actively engaged in this prosecution. I have talked to the State's attorney. I never told Frank Tolbert that "we had combined together to break Loge's neck, and that we intended to do it." I never told him anything of the kind. I never told anyone that I would kill Loge Belt. I never said I was a d--n fool or I would have killed Belt last spring. I remember Frank Tolbert being at my house and what he was there for. Tolbert said for me to go with him. I never told him to not talk to Jack Oldham, for he was getting d--d badly scared. I never said that Bill Frailey stood in Hambrink's door. I didn't know how the ball went. I heard how the ball ranged. Mrs. Hambrink has been living with her sons-in-law, the Oldhams, since last fall,
202
prior to that she had been living in
Kentucky. I say I never told Tolbert that Frailey shot
the deceased nor pointed out the place from where he was
shot. I know Dal Belt. He is a cousin of mine. He was at
my house during ice last winter. We had no conversation
in regard to the murder of the deceased. Marion Belt has
never been in my house for a long while. I never said to
Dal Belt that I had said too much to FrankTolbert. Frank
is my cousin. He married a Mott. I came in here once with
Mrs. Hambrink. Jack Oldham brought her in. I don't know
whether she came to see theState's attorney or not. It
was two or three months ago.
Redirect: Judge Ledbetter has not been at my house since
last wheat-threshing time. He never said he wanted to
convict anyone at the expense of another.
PROSECUTION
Isaac Keeling: I know Logan Belt and the other defendants. I am related to Belt by marriage. John Lane is my brother-in-law. I never was sworn into or even solicited to join an organization. I was before the grandjury. Logan Belt, John Lane and myself were together one night. Belt said he wanted Tucker removed. It would be a very suitable place up there in Brigg's field. He proposed to us to go up there and shoot Tucker. If that woman, Lucy Sterling, was along with him, why, G-d d--n it, it wouldn't make any difference. Belt said that the deceased was keeping a heap of trash around him, and that Tucker was a bad man. I wouldn't say that I didn't have a gun. I don't remember that Lane had a gun. We were on a path between Mrs.Greene's and the Hurt place. We were one mile from the big road. Belt commenced the conversation. He said Tucker was keeping company with
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bad women. I didn't want to kill
Tucker.
DEFENSE
Isaac Keeling: I don't
remember whether I went after Lane. I remember we were in
company together. I was cultivating a part of his farm. I
don't remember whether I had a gun. I don't think I had a
team. I think I went to see about some hogs. I never had
anything against Tucker. It was about one-half mile from
the road to Mt. Zion church. I think Mr. Belt commenced
the conversation. Ile said Tucker was a bad man . I am
repeating his words. It seemed as if he wanted someone
else to kill him. Loge proposed that John Lane and I go
and kill Tucker and not stand back because the woman was
along, as that wouldn't make any difference. I never told
it until I told it to the grand Jury. I never waylaid
Tucker's house with anybody, never waylaid the road to
kill Covert, never got under a bridge to kill Mr. Tucker,
never waylaid the road to kill anyone.
Redirect: Was never with Bill Frailey and Loge Belt about
Mr. Tucker's premises.
PROSECUTION
Jesse Lowry: I know
George Ratcliffe. I knew the deceased. I heard of the
murder of the deceased. I saw Geo. Ratcliffe there by a
spring where the deceased watered his stock. Ratcliffe
was reclining in a half-sitting posture, with a shot gun
in his lap and two revolvers buckled around him. He was
almost lying on his back. This was in the fall, some time
near October, before the deceased was killed in the
following spring. I was at Mrs. Greene's home the night
the deceased was killed--me and my family, Frank Hardin
and his family and Mrs. Greene 's family.
204
DEFENSE
Jesse Lowry: I saw
Ratcliffe there in the fall. All he said to me was,
"Where does Joe Lowry and Frank Hardin live?" I
was sworn in the habeas corpus trial. I told all they
asked me. I told about seeing him out there last winter.
I told Tom Oldham, Joe Lowry and John Lane. I was not
particularly afraid of him. If it had been asked me, I
could have told it. I have not learned that it was
important to swear this. I have not learned that it is
important to convict these defendants. I lived with my
mother-in-law. They (Frank Hardin and his wife) came
there that evening and stayed till nine or ten o'clock
and then went home. My mother-in-law lives three-fourths
of a mile from Hambrink's. He left between nine and ten
o'clock. I would not be willing to swear that, if the
deceased had been killed at twelve o'clock, I would be
equally as willing to swear that he left there between
twelve and one o'clock. Frank and I are own cousins.
Frank left sometime after the deceased was killed. It
was, I think, about a year after the murder of the
deceased. I don't know where Frank Hardin is. I never
heard that he was suspected of having something to do
with the murder of the deceased.
Redirect: I do remember that Frank Hardin was a witness.
I believe Mr. Belt claimed at first to stay at Mrs.
Greene 's. I was only called to colloborate Mrs. Greene
in her statement.
William Greene: I know these defendants and I know Loge
Belt. Logan Belt swore me into the organization, just
below where we lived, in the daytime. I was at home on
the night the deceased was killed. Frank Hardin and his
wife
205
were at our house that
night and they remained until ten or eleven o'clock. I am
the son of Sarah Greene. Logan Belt was about my mother's
house frequently.
PROSECUTION
David B. Shoemaker: I
knew the deceased. I lived about one mile from him. I
know Logan Belt. I was present and heard a conversation
between Belt and the deceased in which Belt accused the
deceased of killing his dog. Mr. Belt told Luke he would
kill his dog if he had to go into his yard to do it.
DEFENSE
David B. Shoemaker: Belt
told thedeceased that he would settle with him for it.
This conversation was had at a trial at Robert
Sheridan's.
PROSECUTION
Charles Buckhart: I was
living on Luke Hambrink's place when he was killed about
one fourth mile distant from Luke's residence. I was at
home sitting up withMrs. Browning on the night of the
murder. Henry Ledbetter and his wife, Wm. Browning and
Luke Hambrink were all there until between eight and nine
o'clock. I was lying in the cradle asleep when the old
man left.When I got there, the gate was open. I blew the
horn as soon as I got there. Peter had come after me and
told me to run down there as my boy was lying on the
floor bleeding, and that "she" thought he was
dead. I saw Sherman Browning and Mrs. Hambrink. I asked
her about the child. Sherman was standing on the porch.
She told me there was nothing the matter with
206
the child. She was
standing midway between the door and the fireplace.
DEFENSE
Charles Buckhart: The
first man that came there after I got there was Henry
Ledbetter. Jim Oldham was there that night. He got there
a short time after Henry Ledbetter did. There was blood
on the prongs of the pitchfork. I don't know which prong
it was. It was a homemade door. The deceased's clothing
was lying by the side of his bed. I saw blood under the
water shelf. (The blood, as the witness laid it off to
the Jury, was at the corner of the water shelf next or
nearest to the house.) The blood was about eight feet
from her door. The clothes he had on looked like clean
clothes. His underclothing was lying by the bed where he
usually slept. She said he came in and called for them.
The ground slants a little toward the road. The porch is
about a foot higher than the ground. The deceased had a
black and a brindle dog. I did not see the dogs. The gate
was made of lathing. I do not know who killed the
deceased. The young dog was a brindle dog. I don't know
that. (This last was in answer to the question by
defense: "If Mrs. Hambrink had not put or fastened
the dogs up the evening of the murder.")
PROSECUTION
Jack Oldham: I married
Hannah Hambrink.I was at the dance at Tobe Ledbetter's on
the night of the murder. I started to Tobe's about an
hour by sun, and stayed there until about nine o'clock.
Nannie Hughes and Susie Oldham went with me to the dance.
When I came back from the dance, the folks that came with
me
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went up to Charley Buckhart's to set
up. They heard about the deceased being murdered, and
James Oldham and Frank Dale came and told me about it.
DEFENSE
Jack Oldham: I was the
fiddler and left there about nine o'clock. I received one
dollar for my services as musician. Those whom I remember
as being present at the dance were: George Dale and his
wife, Frank Dale, Joe Dale, Albert Oxford, Tom Norris,
Mike Price, Alex Frailey, and Tobe Ledbetter. It was
about dusk when I got there. I guessed it to be nine
o'clock when the dance broke up. Frank Dale - and me did
not meet Tom Norris. Tom Norris came along with me from
the dance. I got to the house of the deceased some time
that night; I can't say just what time. Henry Ledbetter
was not there. Charles Buckhart, Jim Oldham and Sherman
Browning were all there.
Question: Did you testify on the inquest that you met old
John Ledbetter as you came from the dance; that your wife
insisted on your sending for the doctor, and were you and
your brothers not passing the shop at John Ledbetter's?
Answer: Don't think I was before a coroner's jury.
PROSECUTION
James Oldham: I married
Hambrink's daughter. I was at Tobe Ledbetter's at a
dance. I left there about nine o'clock and went to Jack
Oldham's, and then started up to Chas. Buckhart's and met
old John Ledbetter and he told me Luke was murdered .
DEFENSE
James Oldham: There was a
crowd of us
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together several times.
Sometimes there were ten of us. We met most all that
summer until Loge Belt was sent up--that was in July.
Never heard before that the Oldhams were charged with the
murder. We stood guard for one another. I had one pistol.
It was six months before Hambrink's widow married Bud
Blades. There was no organization among us.We had no
captains. We just remained together in order to defend
ourselves if it became necessary. The family of the
deceased were not accused of murdering him. Mrs. Hambrink
came to my house and stayed a while. Jack Oldham brought
her to my house. It was between ten and eleven o'clock
when I got to the house of the deceased that night. I did
not murder the deceased. We got together to keep Loge
Belt from killing us. These other defendants always done
whatever Belt said. Zed Jenkins told me that the
organization was pretended to be to ferret out the murder
of the deceased, but that it turned out to be for
something else.
George Dale: I married a daughter of the deceased. I was
at Tobe Ledbetter's at a dance the night the deceased was
killed. I lived about one mile and a half from the
deceased and about one mile and a quarter from Tobe
Ledbetter's.
PROSECUTION
John T. Ledbetter: I was
at the coroner's inquest. I got there in after part of
the night. I did observe the door. The wooden latch was
broken; the door opened inside. The body was lying in the
door. From looks, he had been dressing. The bed he slept
in was in the southeast corner. Another bed was in the
southwest corner. A bureau sat between them.The stairs
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were in the northwest
corner of the house. There were spatters of blood from
the new house to the door of the old house. Someone had
sat down on the bed he had been occupying. The clothes he
had pulled off were at the head of his bed. There was an
old cap-and-ball pistol that had been shot.
DEFENSE
John T. Ledbetter: I went
there with my father and John B. Tucker. Yes, Oldham was
talking a great deal and seemed to be restless and acted
suspicious. The pitchfork was under him when I got there.
I don't remember whether she was sworn or not. There were
prints of the tines or prongs of the pitchfork on his
forehead. The ball struck the deceased in the breast and
ranged downward and came out to the left of the backbone.
PROSECUTION
Dr. G. W. Hill: I am a
practicing physician in this county. I have been
practicing eight years. I hold a certificate from the
State Board of Health. I was at the inquest and made an
examination to the wounds. The ball that killed the
deceased entered about one inch from the center of the
breast bone and ranged downward. I extracted the ball. It
came in contact with the arterial blood, having passed
through near the region of the heart, and would have
necessarily proved fatal. The ball had been shot from a
cartridge pistol, 38 calliber. This was in the County of
Hardin and State of Illinois and on the second day of
April, 1879. I think the ball entered on the left side of
the center of the breast and came out on the other side
of the back.
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DEFENSE
Dr. G. W. Hill: I
attended Evansville Medical College. The coroner's jury
had been empanelled when I got there. It was about eight
o'clock the next morning when I got there. It was not
more than one inch from the spinal column. The probe
would not go very deep. It would have necessarily been a
fatal shot whether it went in at the one side or the
other. The body was lying by the door. The pitchfork was
in the house. After an examination of the body, I was
sure he died from that gun shot wound. The ball entered
between the fifth and sixth ribs and came out between the
thirteenth and fourteenth ribs. My opinion would be that
a man would do as long as he could--what he was then
doing he would still do. A dozen different men shot at as
many different times would do as many different things. I
saw the pistol that was on the premises. The pistol had
not been used and was a cap-and-ball pistol.
Here the people rested.
TESTIMONY FOR DEFENSE
Robert McLaughery: I
reside in Joliet. I have been Warden of the penitentiary
at Joliet since July, 1874. I had Wm. Frailey in my
charge. He entered the prison on the 2nd of November,
1879, and was discharged the 2nd of August, 1883. Samuel
Grindstaff entered November 17, 1879, and was discharged
the 17th of February, 1882. Logan Belt was received the
22nd of July, 1879, and discharged the 22nd of July,
1885. Wm. Frailey and Belt were cellmates for several
months in the neighborhood of a year just previous to
Frailey's discharge.
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Grindstaff and Belt were
together nearly all the time that Grindstaff was there. I
heard Frailey and Belt have two conversations. I heard
Frailey say that he knew that Logan Belt was not guilty
of the murder of the deceased. Belt said that there were
efforts being made to convict him (Belt) with the murder
of the deceased. Frailey said he knew that Logan Belt was
not guilty of the murder of the deceased. I was present
at a conversation between Grindstaff and Belt. Grindstaff
stated that he had been down here and said there was a
case being worked up against Belt. He had been talking
with Frailey, and asked me what I thought about it. My
recollection is that Grindstaff told Belt that Frailey
was against him and helping to work up the case. He did
not state what Frailey said. My recollection is that he
gave Belt one dollar. Belt said he was going to write a
statement to the people. I gave him permission to do so.
I gave Grindstaff a recommendation for a pardon, and then
gave him a special recommendation to the officers of the
Chicago & Alton Railroad. (Read three letters from
Grindstaff, check of National, etc.)
Frank Tolbert: John Lane told me that they had combined
to break Logan Belt's neck. John Lane told me that if
they failed in this prosecution, they would kill him
anyhow and swear each other out. John Lane told me that
keeping old Mrs. Hambrink so close, it would excite
suspicion. He also said not to speak to Jack Oldham, that
he would run off. All the witnesses were getting scared,
and that he believed that Tobe Ledbetter would run off in
spite of h--l. He showed me where the hogshead was which
he said the deceased was shot from, and said Dill Frailey
was implicated. John Lane told me that if I should betray
him in this matter, he would
212
kill me. John Lane told
me that he was a d--d fool that he didn't kill him when
he was at my house. John Lane told me that John Q. A.
Ledbetter had been at his house three nights since the
trial and that he knew if he had killed Belt, he would
not have been prosecuted for it. On cross examination,
the witness said that he (Tolbert) had been indicted
several times.
James W. Evans: I live in Hardin County. I know Jack
Oldham. I have known him all my life. Jack Oldham said,
last fall two years ago, in the presence of Baugher and
his wife and myself and my wife, that "had it not
been for d--d keen swearing this poor body would have had
to suffer for the murder of the deceased. But, thank God,
d--d keen swearing saved me." On cross examination,
Evans said, I was not a witness here last fall. He didn't
say there had been any swearing at all.
Georgia Belle Evans: I know Jack Oldham. I am James Evans
' wife. I was at John Baugher's. Jack Oldham said, while
at the dinner table, that "if it had not been for
d--d keen swearing, his poor body would have
suffered." I heard Frank Dale say to Jack Oldham
that "were I them, if I could not get that money one
way, I would another." It was three years ago this
fall. On cross examination, the witness said: "I
don't remember what year it was. I was the wife of Bill
Buckhart when Hambrink was murdered."
Ellis Monroe: Hambrink was killed on the night of the
first day of April, 1879. Elisha Oldham came to my house
the next morning about daylight. He said, "Hambrink
was killed last night," and he acted as though being
very much scared. He had $60, and he said Jesse Oldham
had threatened him and he had to get away. He said his
clothes were hid out preparatory to
213
leaving. He said the
murder of the deceased was done in the family but would
be laid on Logan Belt. I heard two years afterwards that
Oldham was indicted for murder. I lived on Grant Belt's
place five miles from town. On crossexamination, Monroe
said: I live two and one-half miles from Cave-in-Rock. We
moved here in 1873. I was in jail here once. I broke
jail. I went home after I broke jail.
Redirect: The witnesses for the prosecution have not
tried to intimidate me.
William Fries: I reside at Cave-in-Rock, I am a school
teacher. I remember seeing Georgia Belle Evans and her
husband, Wm. Buckhart, the next day after the murder of
the deceased. Buckhart was going through the field in a
trot, and the wife came after him and asked which way he
had gone. He said he had left her. On cross examination,
the witness said that he also saw George Ratcliffe that
morning, but did not know which way he was going.
Claiborne Belt: I know Henry Ledbetter. Henry Ledbetter
told me last summer at my house, in the presence of my
wife, that the plan to kill the deceased was made at
Tobe's own fireside. He did not say who laid the plan.
Addie Belt: Henry Ledbetter said that Tobe Ledbetter told
him that the plan to kill the deceased was made at Tobe's
own fireside,
William Hetherington: I live in this county. I have lived
here ever since a few days before the deceased was
killed. I boarded at Jas. Keeling's during the winter of
'85 and '86. Henry Ledbetter lived in the district.
He told me he did not know who killed the
214
deceased, but that the
man could be found who could tell, and that he lived in
Kentucky. Tobe Ledbetter told him that the plot was made
at his fireside. I have been teaching school in this
county ever since the winter of 1879. On cross
examination, the witness said: "He never told me who
laid the plot."
Joseph A. Irby, Sr.: Jack Oldham was at the inquest. I
was one of the coroner's jury that sat over the body of
the deceased. Jack Oldham said he was at the dance, and
that old John Ledbetter was the first one to tell him of
the murder. He told me that after he heard the deceased
was killed, he went home and would not tell his wife
until she promised that she would not get scared. The
deceased had two dogs that were pretty severe. The
neighbors would not go in. I saw blood under the water
bench within a foot and a half. Question. Did you see
blood elsewhere? Answer: I don't know that there was not
any other blood. I got there about three o'clock in the
morning. When I got there, the body was all inside except
the right foot-rather on his face. The pitchfork was
standing by the door. He had three scratches on his face
as though made by falling on the prongs of the fork. On
the witness stand, Jack Oldham was as calm as any man I
ever saw. He appeared excited to some extent, and
exhibited such symptoms as any son-in-law would have done
under like circumstances. The bed in the southeast corner
had the appearance that the deceased had set down upon
it. His clothes were at the head of his bed. I heard that
he kept a pitchfork in the room. His wife told me that
she drew the fork from under him. She stated that she did
not know anything about who killed the deceased. There
had been a wooden latch to the door; the latch was
broken. There was a step
215
of eight or nine inches
from the porch into her room.
Joseph A. Irby, Jr.: I was at the inquest. All the blood
I saw was on the door sill. The blood seem to have
scattered. Mrs. Hambrink stated that she did not know how
he had been killed . I might have overlooked the blood. I
saw the bed. It looked as though he had sat down upon it.
Dallas Belt: I know John Lane. On the 7th day of March,
at his house, John Lane said that he was afraid that he
had already told Frank Tolbert too much. He asked me if I
thought Frank would betray him. He said that if Frank did
betray him, he would have revenge. I did not inquire of
Dr. Hill if Tobe Ledbetter had given it away. James Belt
swore he would not believe me on oath.
Jacob Hess: I am County Judge. I have lived here 25
years, or since 1851. I knew Hambrink. I knew George
Ratcliffe at the time of Hambrink's death. Ratcliffe is
my wife's brother. I knew where Ratcliffe lived. I heard
of it the next day. I saw George Ratcliffe. I remember
seeing him at sundown or after. I don't know whether he
took supper there or not. He was there at breakfast.
George Ratcliffe usually slept with the boys whenever he
came to my house. The boys sleep upstairs. I sleep in the
lower room. Ratcliffe lived within a hundred yards of my
house. His wife had been out in the country where they
had lived prior to coming to my house. I usually lock the
front door. I don't think anyone could go out or come in
without disturbance to me. Ira Curtis was there, and also
Tom and John Norris and one of the Evans'. They were
there in the afternoon.
216
I think he did. I would
not be positive that he did. My best judgment is that he
stayed all night at my house. He moved to my house the
fall before the deceased's death. I had no land and had
just rented a house to live in. I saw him the next
morning before breakfast. Jim Belt had sued Sherwood for
fifty cents. On cross examination, the witness said:
"I am not positive that Ratcliffe stayed all night.
I don't know where George Ratcliffe's wife was.
Elizabeth Hess: I am George Ratcliffe's sister. I am the
wife of Jacob Hess. I heard the next day that Hambrink
was killed. George Ratcliffe came to my house in the
morning. Ira Curtis was at my house playing the fiddle.
George went up and cut up the wood. I did not cook
supper, as we had a late dinner; Tom Norris was working
at our house. He went to the dance that night. I couldn't
say what time of the night they went to bed. On cross
examination, she said: "I know he did stay at my
house that night. He lived only a short distance. He had
moved there the fall before. I think he moved to Logan
Belt's place in May after that. George is 33 years old.
Jim Belt was a brother-in-law of George Ratcliffe. I
don't know whether it was at supper time. I don't know
when he went to bed. I don't know where his wife was. I
think he moved there the fall of 1879. The reason I can
remember well is because of the talk about the Hambrink
murder. Tom Norris came late in the evening.
Ira Curtis: I am a fiddler. I was at Judge Hess' about
that time. I was playing the fiddle. There was a man came
there whom they said was George Ratcliffe, about that
time. I am not certain about it. I know Tom Norris. I
know Evans. Evans and I went there together,
217
and then went away
together. Ratcliffe and Evans were dancing around. I did
not hear of the dance. I had been following farming
mostly. I have been milling since. I heard of the death
of Hambrink about a week after. I could not tell who I
did see. I went to Ford's Ferry and stayed there about a
week with John Tolbert.
David Evans: I did not know the deceased. I heard of his
death; I don't know how long afterwards before I heard of
it. I heard it in three or four days afterwards. I think
I was at Judge Hess' with Ira Curtis, but I don't
remember. George Ratcliffe, Mr. Hess, and I believe one
of the Edwards boys were there. Hess and Curtis played
the fiddle. I know Ratcliffe. I left him at Hess' about 3
or 4 o'clock. On cross examination, the witness said: ''I
lived 3 miles below Cave-in-Rock, with my father. We Just
stopped in at Hess'. I don't know how I came to be
subpoenaed. I have not talked with Ratcliffe a great
deal. I saw him yesterday. I don't know what day it was.
I don't remember when it was. I heard of the murder
shortly afterwards.
Cordelia Mott: I know Sherwood. He married my sister. I
don't know the deceased. I heard of his death directly
afterwards. Sherwood was at my father's, H. J. Belt's. My
husband and I went up there. It was the first time we had
been there since we were married. My sisters and
brothers, my husband and I, and Sherwood and his wife,
were all at my father's. We went to bed between 9 and 10
o'clock. When we got there, they told me that Ma and Pa
had started to Kentucky about twelve or one o'clock.
Sherwood and his wife had been living on Father's place a
year. Sherwood lived at my
218
father's one year before
he and my sister were married. Yes sir, I learned
afterward that it was the same night that the deceased
was murdered. It is six miles to Hambrink's from my
father' s. Sherwood arose the next morning between 4 and
5 o'clock. I don't remember whether he was there all the
next day or not. I guess it is six miles to Hambrink's. I
got there about an hour by sun. We stayed, and Sherwood's
wife and I went to bed. I don't know the day of the week,
the month or the year. I don't know whether my husband
was sworn into an organization or not, but I heard that
Sherwood was.
John L. Mott: The witness corroborated the statement made
by his wife, and on cross examination said:
"Cordelia Mott is my wife. I was not out of the room
after I went to bed. I know it was the night the deceased
was killed. I think Sherwood went to the Cave the next
day. It is about 5 miles from Hi Belt's to the
deceased's. Pearson's folks were the first I heard
speaking of the murder. Sherwood swore me into that
organization in May. He administered the oath to me at H.
J. Belt's house. We were pledged to each other by the
oath. I had heard it talked that Uncle Logan was
suspected of the murder of the deceased, and that the
Oldhams were also suspected."
Rosetta Hess: Hiram Belt is my father. I know Sherwood.
He was my brother-in-law. Ellen Belt is my mother.
Lucinda Belt is my sister. Cordelia is my sister. I don't
remember the time. I didn't know the deceased in his
lifetime.Those I remember being there were Mott and his
wife and Sherwood and his wife. I heard of the murder the
next morning. I am 16 now, but was only 9 years old at
that time. If
219
it wasn't the morning, I don't
remember the year.
Ellen Belt: I am Hi Belt's wife. Ellen Belt is my name. I
had no acquaintance with the deceased. My ma was sick. I
went to see her on Tuesday and came back on Friday. I got
Earl Sherwood and his wife to come to stay with my
children. I can't state positively whether he lived on
our place all the time or not. He lived at Cave-in-Rock
awhile. Sherwood lived at our house two or three years
before he was married. Sherwood and his wife were at my
house when I left. They lived about a quarter off. I was
at Cave-in-Rock when I heard it, after I had gotten back.
The defendants had been there in the past, but not
shortly before the killing. My husband has one pistol. On
cross examination, the witness said: I went on Tuesday,
in the year 1879, either the last of March or the first
of April1879. I told them before I was going off. I
didn't look at an almanac or calender. I can't tell where
I was any other Tuesday but that. I couldn't tell you
whether it rained or not. Wm. Pankey took us to the
river.
Luvena Belt: I am sister to Rosetta Hess and Cordelia
Mott. Ellen Belt is my mother. Grandma Nesbit was sick.
Pa and Ma went over. Wm. Pankey took them to the river.
Earl Sherwood and his wife and John Mott and his wife
were at our house. I don't remember which came first. I
am nineteen now. We went to bed between nine and ten
o'clock.I don't know what room we slept in. Sherwood was
there the next morning when I got up. I heard of it the
next day in the afternoon. Mrs. Griffin came to our house
and told us. I was nineteen on the 24th of last June. I
was twelve years old at
220
the time of the murder. I don't know
where I was eight years ago today. I don't know where I
was a year ago, or a month ago, or a week ago.
Wm. Pankey: I heard of the murder the next day. the day
before I had taken Hi Belt and his wife to the river.
Sherwood and his wife were there when I left. On cross
examination, the witness said: I heard of it the next
morning. I stayed at home. I was at the house of Hi Belt,
and saw Sherwood and his wife at Belt's between sundown
and dark. The sun was up an hour high the next morning.
Sherwood had just got up, and I remarked to him that he
slept late. He said: Yes, I sat up late. Mr. Taylor was
talking to me. Did not tell Reese Lackey at Knuckey's day
before yesterday, that Sherwood said he was out late.
Grant Belt: I am a brother of Jesse Belt. Jim stayed at
home that night. I had no timepiece; I don't know where
Jim was the day before. I went after potatoes that
evening. I know Wesley Hughes. Did not say in the
presence of Wesley and Nannie Hughes that Jim Belt did
not stay at home the evening of the murder of the
deceased, but that, getting on his horse, he rode away,
saying that he was going to Logan Belt's. I did not say
to them that I did not put it past Jim to have killed the
deceased. I am 24 years old. James Belt was suspected of
the murder by some.
Marion Belt: I was on the Ohio River the day before. I
don't know where Ratcliffe's wife was that night. I left
there about 8 or 9 o'clock. Grant Belt slept with Jim
that night. On cross examination, the witness said: I
don't recollect who told me. I was 11 years
221
old then. I don't know what kind of a
day it was. I don't know what day of the month it was or
what day of the week it was. I know that Grant Belt slept
with Jim that night. George wanted Jim to go to
Jonathan's, but Jim said he could not, that he wanted to
go to Ebb Dossett's to a rail mauling the next day. I did
not say to Hughes that "they had better not have me
subpoenaed if they did not want the truth, or that Jim
did not stay at home that night." I did not say to
Tom Leeper since the habeas corpus trial that Grant and
Jim wanted me to swear a pack of d--d lies, but I
wouldn't do it.
George Belt: I am twenty-one this fall. George Perry was
there in the evening. Marion Belt stayed there till
between 9 and 10 o'clock. Grant and me went after
potatoes the day before and was gone all day.
Lewis Lavender: I am 72 years old. I have been here sixty
years. I was Sheriff of this county sixteen or seventeen
years. I was up in the courthouse when Mr. Morris came to
me and said to me: "I don't want to prosecute Wm.
Frailey, can't you get him to leave?" I talked to
Frailey about it, and a report had got out that Frailey
was indicted for the murder of the deceased. Frailey said
they wouldn't hurt him for that, as his own people
murdered him, and that they knew d--d well that he
(Frailey) knew it.
Ike Tackett: I have met Jim Belt. I told him that the
deceased was murdered. He was three-fourths of a mile
from his mother's, and was just above Jesse Oldham's . I
had stayed at Jack Oldham's that night. Jack had been to
Tobe Ledbetter's. I was on my way to let Jesse and George
Oldham know.
222
Elbert Dossett: Heard of
the death of the deceased. Jim Belt came to my working at
9 o'clock. I sent George Perry and Tom Leeper to ask
hands. Belt and myself were together in the army sixteen
months. I am acquainted with Logan Belt's handwriting.
This notice (to Hambrink's relative, to Morgan Tucker and
Lucy Sterling) is not Logan Belt's handwriting. On cross
examination, he said he was a brother to Ile F. Dossett;
that he was not acquainted with Sherwood's handwriting.
He did not believe the notice to be Logan Belt's
handwriting. He did not solicit to join an organization,
but had heard one talked of. His brother Ile and another
man told him not to go into it.
Jacob Hess: I am tolerably well acquainted with
Sherwood's handwriting. I have known Earl Sherwood seven,
eight,or nine years. That (the notice to Tom and Jesse
Oldham) might be his handwriting, but it doesn't favor
his writing.The writing is about the same size as
Sherwood's, but Mr. Sherwood uses proper language--bigger
words than I do. I have not noticed Sherwood's writing
until the last four or five years. I don't think this
notice (to Ham- brink) is Logan Belt's handwriting. I was
better acquainted with his writing seven or eight years
ago than now.
James Keeling: I knew Henry Ledbetter. I had a
conversation with him about Tobe. He said Tobe came to
his house and said that he had better leave. He told Tobe
that he had nothing to do with the killing of the
deceased' and that he (Tobe) had better leave. On cross
examination, he said: "I was invited to join the
organization. Jonathan Belt, Logan Belt and Frank Justice
came to my house and wanted me to join them."
Question asked by prosecution:
223
"Did you tell Joe Lowry and John
Lane at your house about five weeks ago that they
(Jonathan Belt, Logan Belt and Frank Justice) told you
they had been looking after Joe Lowry, Frank Hardin and
Zed Jenkins, and had been close enough to them to have
their guns cocked on them?" Answer: "Did not,
only told them that I had heard it."
Earl Sherwood: I am 40 years old. I knew the deceased. I
lived at that time on Hi Belt's place. The night before I
heard of the death of the deceased, I stayed at Hi
Belt's. Robt. Gregory, brother-in-law of Mrs. Belt, came
after them, and they asked me and my wife to come and
stay until they came back. I think I was at home on the
day before the death of the deceased. I was not at Logan
Belt's the day before the murder of the deceased. I was
not in company with Jas. D. Belt and others that night. I
did not write that notice to Tom and Jesse Oldham. I
stayed at Logan Belt's the summer of 1876. I went to Hi
Belt's in April , 1878. I married H. Belt's daughter, and
lived there until the fall of 1879. I heard Bill
Frailey's evidence. I was not at Hambrink's as Bill
Frailey said. The Ku Klux meeting was about a month after
Hambrink's death. There was some talk, after we got
there, of ferreting out the murder of the deceased. There
was some other cases. Jonathan Belt, Hiram Belt, James
Belt, Frank Justice, Wm. White, Robert Sheridan, George
Ratcliffe, Elisha Morris, Wm. Taylor, Logan Belt, and
myself were at that meeting. It was discussed there that
some of the members of Hambrink's own family were guilty
of the murder. I am not certain that Wm. Taylor was a
witness, but I guess he was. Lucy Melon was a witness. On
cross examination, the witness said: I don't remember any
grips, signs, etc.
224
The purpose of the oath was to keep
the proceedings secret while ferreting out the murder.
The witnesses of the defendants were to be kept from
them. I did not hear of any notices. Jonathan Belt was
telling about the Ku Klux. I don't remember.
"Memento Mori" is a word that I have used
sometimes. In 1876, while I was there, it was considered
dangerous on some roads, and I carried a pistol. We met
at my house to decide who should be arrested for the
murder of the deceased. If we had been let alone, we
would have had some women arrested, but we were
interrupted before we had our arrangements completed. I
swore John L. Mott in. I know Sheridan never killed the
deceased. Sheridan was as pure a man as ever lived. I
have been in jail here and at Shawneetown. I saw Frailey
at Logan Belt's a great many times in 1876. I have seen
George Ratcliffe there. I have seen Jim Belt there.We
would have had somebody arrested in two weeks. I could
not tell you how many times in jail. Thought I ought to
have been. They asked me to give them an obligation of
secrecy. I will not say who asked me. Sheridan came to Hi
Belt's. If he wrote it, it is a feigned hand.
George Ratcliffe : I am a farmer. I knew the deceased. I
heard of the murder the next morning after the deceased
was killed. I was not at Logan Belt's on the day before
the deceased was killed. I was not at where Jesse Lowry
said I was by the spring back of Hambrink's place. I was
never there. One time Jesse Lowry, Logan Belt, and Bill
Lyons went a deer driving. I did not inquire of him where
Joe Lowry and Frank Hardin lived because I was not there.
Frailey says that in 1876 we waylaid the road for Covert.
That is not so. I never waylaid the road for anybody. The
day before, I was at my mother-in-law's. I had taken my
wife
225
there.. My wife was at her mother's
making soap. 1 started after my wife and heard that the
deceased was killed. I was never behind a rock. That
which Leeper said never occurred. On cross examination,
the witness said: I was at Logan's somehow, and Sherwood
swore me into the organization. I never received any
signs, grips, or pass words. I might have whistled. I
don't remember. I can't tell at whose solicitation I went
there. I can't say whether I rode or not. I tood an oath
to keep things quiet. We went there to ferret out the
murder of the deceased. I can't repeat the oath. I can't
remember that Logan Belt said anything about it. Not a
word was said about any notices. I did not waylay Covert
at Harrisburg. I followed him to Eldorado. My wife was
left at her mother' s. I met her three-fourths of a mile
from mothers's. We met at Sherwood 's. We were to keep
quiet. I never wrote Logan Belt a letter in my life. That
was not Logan Belt's handwriting. I am acquainted with
Sherwood's handwriting. That is not his handwriting. I
might have written him some letters that had some words
abbreviated.
Jas. D. Belt: Mariah Belt was my mother's name. I lived
with my mother. I am twenty eight years old, and a
half-brother of Logan Belt. I heard the next morning that
the deceased was killed as I was going to Ebb Dossett's
working. Tackett told me about one-half mile from home. I
didn't tell Leeper that I stayed at Logan Belt's that
night. I don't remember the obligation that I took there.
I never had any other meeting. I never waylaid anybody.
On cross examination, the witness said: I would guess it
to be five or six miles from my house to Hambrink's. I
can't tell how the houses are situated. I don't know
anything about the houses. I never was at the houses in
my life but once,
226
and that was the day of Hambrink's
sale. I was about twenty years old. Bob Sheridan asked me
to come down there. It seems like I have been to Salem. I
had an uncle that lived there. He is dead now. I don't
know where he died. Bill Frailey lived at Logan Belt's. I
heard Wash Covert was shot. Someone told me. I did not
swear that I was at Logan Belt's on the night the
deceased was murdered, at the Ku Klux trial. I don't know
where I stayed on the night of April 1, 1879. I had a lie
bill by Frank Hardin. It was among my father's papers,
and I thought he would be here as a witness, and I wanted
to impeach him.
Logan Belt: My name is Logan Belt. I am forty-six years
old, and have known Hambrink ever since he came from the
old country. At the time of his assassination, my wife
and I and Art Belt went to a rail mauling at Ebb
Dossett's. The deceased was not a witness. Lucy Melon was
against me. Lucy Sterling was my witness. I never
organized a crowd to run off witnesses. I was at home the
day before the killing. I was not at Mrs. Greene's that
day. I did not go to Mrs. Greene and ask her to swear me
out of the murder of the deceased. Bill Frailey was at my
house at eight or nine o'clock in the morning. He said he
was coming here to get subpoenas. Frailey ate supper that
day at my house. He lived about four miles from my house.
I did not request him to go and burn the Rock Creek
school house. I left my house between sundown and dark. I
went to the house. Dr. Cane was there. Bill Frailey lit
his pipe, and about that time, Dr. Cane left. Tom Jones
was with me when I shot. Jones was living on the
premises. Close to where Jim Smock lives I was fired
upon. That was the only shooting. I have talked with
Frailey lots
227
of times in the penitentiary. I never
told him that I killed the deceased. Grindstaff told me
that when he got down here, Frailey and he separated and
Frailey went to the Oldham crowd. Frailey told Grindstaff
that he wanted to lay the murder on me. I told Grindstaff
that I would give him my farm to place the Hambrink
murder where it belonged. I had a conversation with
Lackey, but did not tell him that Greene said for me to
organize a band. Reese said that Sheridan had asked him
to join the band. I had learned that the deceased was not
furnishing money to prosecute me with from Tobe
Ledbetter. The deceased and I never had any trouble about
a dog. Gustavis Melon and his wife separated, and he said
he wanted me to take the place. I agreed to it. The first
note was sold to Hambrink. Luke and I could not agree
about it. That was the only misunderstanding we ever had.
The only private words me and Mrs.Hambrink ever had were
about sending for a doctor for the deceased. I have known
her all my life. I was at the meeting in col.. Clay
Hollow. The head of it was Sheridan. The intention was to
ferret out the murder of the deceased. My boy had a very
small gun. I had a shotgun and a 32 caliber pistol. I
never used the language which Ile Dossett said I did in
conversation with him. On cross examination, the witness
said: I never shot Covert. I did not shoot Frailey. I
remember hearing the article to Golconda Herald read.
Sherwood wrote it at my house. I heard Sherwood read it
and saw Frailey make his mark to it. Joe Lowry witnessed
it. (Here the witness described the locality and grounds
where Covert was shot.) I went with a writ to Saline
County after Covert. I wanted him arrested because Jones
told me that Covert was one of the men that waylaid me. I
didn't write that notice to Hambrink. Ididn't know
228
that the deceased was on the
indictment. I did not tell my son Hiram to kill his
mother.
Here the defense rested.
REBUTTAL TESTIMONY, AS
INTRODUCED BY THE PEOPLE
John T. Ledbetter: Logan
Belt did say to his son Hiram, while he was being taken
to jail at Shawneetown, that "If your mother comes
there, take your gun and fill her full of shot."
John A. Bernard: Logan Belt said to his son Hiram:
"If your mother comes fooling around, take your gun
and fill her full of shot."
John W. Hughes: Grant Belt said at my house that Jim Belt
did not stay at home on the night the deceased was
killed, and that he did not put it past him to have
killed the deceased.
Thomas Oldham: Jim Belt swore in the Ku Klux trial that
he stayed all night at Loge Belt's the night of the
murder of the deceased.
Morgan Tucker: I was here at the Ku Klux trial. I heard
Jim Belt testify, and he said he did not know where he
stayed on the night the deceased was killed. Logan Belt
immediately spoke up and said: "Didn't you stay at
my house?" and Jim Belt said: "Yes, I
did."
George Ledbetter: Jim Belt testified at the Ku Klux trial
that he stayed at Logan Belt's the night the deceased was
murdered.
James Oldham: Jim Belt said at the Ku
229
Klux trial that he stayed at Logan
Belt's the night the deceased was murdered.
Nannie Schafer: Grant Belt said that Jim Belt did not
stay at home the night the deceased was killed; that he
went away, saying he was going to Loge's.
Elizabeth Hughes: Grant Belt said that Jim Belt did not
stay at home the night the deceased was killed, but went
to Loge's.
Elizabeth Baugher: Jack Oldham did not say in my presence
that "if it had not been for d--d keen swearing, his
poor body would have suffered for the murder of the
deceased."
Jesse Lowry: George Ratcliffe lived on Loge Belt's place
either in the Tom Lowry house or in the Roark house when
the deceased was killed.
David B. Shoemaker: George Ratcliffe lived on Loge Belt's
place, in the house that Roark built, at the time the
deceased was murdered.
Albert Oxford: George Ratcliffe lived in the Roark house,
close to Loge Belt's at the time of the death of the
deceased.
Dan Austin: Jim Belt testified at the Ku Klux trial that
he stayed at Loge Belt's the night of the murder of
thedeceased.
REBUTTAL OF DEFENSE
George Ratcliffe was
introduced and testified as follows: "I moved from
Mariah Belt's place to the farm of Jacob Hess in the fall
of
230
1878 and then moved to
the Roark house on Loge Belt's place in the May
following."
The examination of witnesses was finished Thursday
evening, and the argument began Friday morning (which was
clear and a pleasant breeze) at 8:45 by Judge John Q. A.
Ledbetter leading out for the prosecution. The importance
of the case was first laid before the jury by him, then
the weight of the evidence and the provisions of the law
sustaining the case, the findings of the bill by the
grand jury in October, 1886, and the preliminary trial
before Judge McCartney and the conclusion of that trial,
the reason why only four of the indicted men were now on
trial, the history of this case, beginning with the
killing of Doc Oldham in 1875--showing that after the
indictment was formed to annihilate the witnesses against
Belt; reading of the law concerning conspiracies, and
then giving his opinions as to its meaning and how it
applied to this case. He presented indictment of Belt for
killing Doc Oldham, as rendered April 5, 1876, and
discussed the evidence of Wm. Frailey. He showed the act
of the conspirators, when they began waylaying, and that
they waited till the leaves put out in the spring and
then began waylaying witnesses. He told of the burning of
Lucy Sterling's house; giving notice to the deceased to
remove two of the witnesses off his farm; meeting in the
glen below Cave-in Rock; and swearing men into their
conspiracy; peculiarities of approaching men; the threats
that always accompany the solicitation of men to join
them; his objects and designs in ferreting out the foul
murder of the deceased; and their efforts and their
detectives working in this case. He told of Judge
Stelle's opening statement that they would not only clear
231
the defendants, but show
who did kill the deceased, and that, when additional
counsel was secured by them, they concluded they would
have enough to do to clear the defendants' Stelle
charging the prosecution with conspiracy to"break
Loge Belt's neck" and then failing to give any
evidence to that effect; Judge Stelle's opening statement
about the grand jury's motives in finding the bill of
indictment; George Ratcliffe's alabi; kinds of murder,
and what constitutes murder, etc.; what constitutes
alibis; evidence of the defendants; the influence of the
oath that bound the organization together; acts of
conspirators, their plan of clearing each other, etc.;
concluding with an appeal to the jury, and the character
of the murder and Luke Hambrink; Logan Belt's efforts to
tack the murder of the deceased on other parties, and
classed these theories or features as indications of his
guilt; discussed anticipated theory of the defendants in
their arguments, and closed with an earnest appeal to the
jury at 1:50 o'clock p.m.
Judge Stelle began argument for the defense at 1:55 p.m.
and discussed the position and importance of the jury in
making a verdict where human life was at stake, etc.,
principles of the law in such cases, the motives that
Hambrink's own family could have had for killing him,
etc., and appealed to the Jury for the liberty of the
defendants. Defense closed Saturday at 2 p.m. by a speech
of three hours and thirty minutes from F. M. Youngblood
to arouse the sympathy of the Jury by a rousing appeal to
them for a careful consideration in regard to their
verdict. Hon. W.S. Morris then closed for the prosecution
by an eloquent address to the jury of two hours and
fifteen minutes,ending at 4:15 p.m. The unusually strict
instructions of the Judge were then read
232
and the jury retired. In less than
thirty minutes, and at 6:30 p.m., the jury rendered the
following verdict:
We, the jury, find the defendants, Logan Belt, Earl
Sherwood, George Ratcliffe, and Jas. D. Belt, not guilty.
We most assuredly could not, were we so gifted, say too
much in praise of Judge John Q. A. Ledbetter and Hon.W. S
Morris, for the gallant fight made by them in behalf of
the people, right and justice. The defense had some of
the most able counsel of the State employed to defend
them--and they evidently did good work.
We give finis of trial, which we have been for sometime
trying to crowd out. What we have given is a true
rendering and as taken by five of the best men in the
county. They correspond with each other throughout, and
their manuscripts and duplicates of same will be kept.
FACSIMILE OF LETTER BY
LOGAN BELT 3-23-1887
Mrs. Molle, My Good Wife,
in haste I write you this Epistle--Hon. Stelle has been
with me today and George & Hugh J. Hales. Stelle
thought we had better keep this man through the trial--So
I settled with him by agreeing to pay Old Man Jack $21.
You and I will pay his expenses from now until Court
ends. I also gave him the money that will more than pay
his expenses to court $10. So you will have nothing to
pay, only the $21 to poor old Jack. You may arrange some
of it without money. You must stow your wheat before
Court at the Cave and if you have any to spare, sell it.
He's to furnish evidence to vindicate us for $79,
otherwise is to get nothing more. Pillow
233
holds the contract. He will receipt
you for the $10 as you have all the receipts, I told him
to. Now Mollie be * * * * * he is to get up and go and
leave nothing unturned. I want you to kinder look a ledle
out & see how he does. Oh how bad I feel just since I
began writing this letter--under each ear screaks &
hurts--in the locks of jaws also hurts--I feel funny.
Baby, sell such things as you know you don't need and git
things in shape as fast as you can--would like to see
you, but don't come unless you git ready and want too.
I don't know anything about your oat & potato trade
here. Mary, I sent you some pictures for you to make
fools peaches over--Jody, you, Jonathan and children all
be good. Papa will be home in the sweet by & by.
LOGAN BELT
Mollie, don't let your Pen write
anything on paper about a jury as in this letter to me it
might get misplaced and get to the Public.
MOLLIE'S LOGAN
Need, or the word indicated in the
above or foregoing letter, was spelled kneed, but a line
was afterward drawn through the letter. The letter was
written on legal cap, but was afterwards torn in halves
near the center or line of folding, and in a ragged but
slanting ling from left to right, so that
"Shawneetown, Ill.," was, it is supposed, torn
off. But, be that as it may, the letter has been
identified by several reliable men, who were all
acquainted with Belt's handwriting, as being the
handwriting of Logan Belt. It evidently, by the non
connection of the two sides, and where asterisks are
inserted, gave to his last wife the details of the manner
in which the late trial was to be managed. Through R. F.
Taylor, an attorney in the case, the first wife of Belt,
234
after his death and the
removal of his last wife to Elizabethtown (so we learn),
was induced to move in the vacant house. It was she who
found the fragment of this letter while cleaning out the
rubbish preparatory to occupancy. Mrs. Mary Belt (Nee
Frailey) at once gave the letter to Mr. James Walton, who
immediately sent it to us through the kindness of Mr.
John Lane. After having it inspected by the proper
authorities, we now give it to our readers, who may draw
their own conclusion.
INSTRUCTIONS OF JUDGE BAKER
TO JURY IN AFOREGOING OR BELT-HAMERINK MURDER TRIAL
That if you believe from
the evidence, beyond a reasonable doubt, that in the
spring of 1876 the defendants combined and confederated
together for the purpose of killing and running off
witnesses in a certain criminal prosecution, then pending
against Logan Belt, and that Luke Hambrink became a
witness for the prosecution before the final trial
thereof; if you further believe from the evidence, beyond
a reasonable doubt, that the defendants, by means of said
combination, shot and killed Luke Hambrink, or caused him
to be shot and killed, as charged in the indictment, then
you should find all of the defendants guilty of murder
and fix their punishment as explained in these
instructions.
You are instructed that if you believe from the evidence,
beyond a reasonable doubt, that in the spring of 1876 an
indictment was pending against Logan Belt, charging him
with the murder of one Doc Oldham, and that Lucy
Sterling, Geo. W Covert, Morgan Tucker, Lucy Melon, Thos.
Oldham and Luke Hambrink and others were witnesses
against him in said cause; and if you further believe
from the evidence, beyond a reasonable doubt, that the
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conspiracy is a
combination of two or more persons, by some concert of
action, to accomplish some criminal or unlawful purpose
by criminal or unlawful means.
That the evidence in proof of a conspiracy may be
circumstantial or direct and, although the common design
is the essence of the charge and must be proved beyond a
reasonable doubt, yet it is not necessary to prove that
the defendants came together and actually agreed in terms
to have that design and pursue it by common means.
The jury is instructed that while the law requires in
order to find all the defendants guilty, that the
evidence should prove beyond a reasonable doubt that they
all acted in concert in the commission of the crime
charged. Still it is not necessary that it should be
proven that they all met together and agreed to commit
the crime. Such concert may be proved by circumstances,
and from all the evidence, the jury is satisfied beyond a
reasonable doubt that the crime was committed by the
defendants, and that they all acted together in the
commission of the crime, each aiding in his own way, this
is all the law requires to make them all equally guilty.
An accessory is one who stands by and aids, abets or
assists the real perpetrator in the commission of a
crime, or, who not being present, has counseled and
advised its commission. Under being present, has
counseled and advised, aids, abets or assists in the
commission of a crime is regarded as a principal and
punished accordingly.
To convice the defendants of the crime charged, it is not
necessary that the killing should have been done by the
prisoner's own hands, or those of either of them, but if
it is shown by the evidence beyond a reasonable
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doubt, either that all
the defendants were actually present, aiding, abetting
and assisting in the actual commission of the crime
charged, or that they were constructively present and had
counseled or advised the commission of the crime, then
and in such case you should find all of the defendants
guilty, as charged in the indictment.
That the advising or encouraging that may make one an
accessory to crime need not be by words only, but may be
by words or acts, signs or motions, done or made for the
purpose of encouraging the commission of crime.
That if you believe from the evidence beyond a reasonable
doubt, that any one or more of the defendants are guilty
of shooting and killing Luke Hambrink, as charged in the
indictment, and that any other of the defendants stood by
at the time, and aided, abetted or assisted in the
commission of the crime, or not being present, had
advised or encouraged the commission of the same, then
such other persons so aiding, abetting, advising or
encouraging, are in law, guilty as principals, and the
jury should so find by their verdict.
That an accessory is one who stands by and aids, abets or
assists, or who, not being present aiding, abetting or
assisting, hath advised and encouraged the perpetration
of the crime charged; he who thus aids, abets, assists,
advises or encourages, is considered a principal and
punished accordingly.
That if you believe from the evidence beyond a reasonable
doubt that Logan Belt, wilfully, feloniously and of his
malice aforethought, shot and killed Luke Hambrink, as
charged in the indictment, and that Earl Sherwood, James
D. Belt and George Ratcliffe were present, aiding and
abetting such killing, as explained in these
instructions, or that prior
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thereto they had
counseled and advised such killing, then you should find
all of the defendants guilty of murder, as charged in the
indictment.
That if you believe from the evidence, beyond a
reasonable doubt, that the defendants, together with
Matthew Ledbetter and Sina Hambrink, combined and
confederated together to kill Luke Hambrink, and that in
the pursuance of such combination and confederation, they
did shoot and kill him, as charged in the indictment,
then you should find all of the defendants guilty of
murder.
The jury is instructed that if they believe, from the
evidence, beyond a reasonable doubt, that the
circumstances surrounding the defendants, or either of
them, were calculated to awaken suspicion against them,
and that, acting from fear or such a belief, they
fabricated testimony or attempted to fabricate testimony
in their own behalf, or that they concealed or attempted
to conceal the real perpetrators of the crime, then you
may consider the facts and circumstances relating
thereto, if proven in that behalf, in determining the
question of guilt or innocence.
That although you may believe of the perpetration of the
crime charged, still if you believe from the evidence,
beyond a reasonable doubt, that the defendants combined
together to kill Luke Hambrink, and did kill him as
charged, then you should find the defendants guilty, even
though you believe, from the evidence, that Francis Sina
Hambrink was accessory to said killing.
That, although you may believe from the evidence, that
the witness, Matthew Ledbetter, had guilty knowledge of
the perpetration of
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the crime charged, still, if you
believe from the evidence, beyond a reasonable doubt,
that the defendants combined together to kill Luke
Hambrink, and did kill him as charged, then you should
find the defendants guilty, even though you believe from
the evidence that Matthew Ledbetter was accessory to said
killing.
That, although you may believe from the evidence that the
witness, William Frailey, had guilty knowledge of the
perpetration of the crime charged, still, if you believe
from the evidence, beyond a reasonable doubt, that the
defendants combined together to kill Luke Hambrink, and
did kill him as charged, then you should find the
defendants guilty, even though you believe from the
evidence that William Frailey was accessory to said
killing.
That, although you may believe from the evidence that the
witnesses, William Frailey, Matthew Ledbetter and Frances
Sina Hambrink had guilty knowledge of the perpetration of
the crime charged, still, if you believe from the
evidence, beyond a reasonable doubt, that the defendants
combined together to kill Luke Hambrink, and did kill him
as charged, then you should find the defendants guilty,
even though you believe from the evidence that William
Frailey, Matthew Ledbetter and Frances Sina Hambrink were
accessories to said killing.
That, in considering this case, you should not go beyond
the evidence to hunt for doubts, nor should you entertain
such doubts as are merely chimerical or based upon
groundless conjecture.
A doubt, to justify an acquittal, must be reasonable and
arise from a candid and impartial consideration of all
the evidence in the case, and then it must be such a
doubt as would cause a reasonable, prudent and
considerate man to hesitate and pause before acting in
the
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graver and more important affairs of
life.
If, after a careful and impartial consideration of all
the evidence in the case, you can say and feel that you
have an abiding conviction of the guilt of the defendants
and are fully satisfied of the truth of the charge, then
you are satisfied beyond a reasonable doubt.
That the reasonable doubt, which entitles the accused to
acquittal, is doubt of guilt reasonably arising from all
the evidence in the case. The proof is deemed to be
beyond reasonable doubt when the evidence is sufficient
to impress the judgment of ordinarily prudent men with a
conviction on which they would act without hesitation in
theirown most important concerns or affairs of life.
That, in a legal sense, a reasonable doubt is a doubt
which has some reason for its basis; it does not mean a
doubt from mere caprice or groundless conjecture. A
reasonable doubt is such a doubt as the jury is able to
give a reason for.
The rule requiring the jury to be satisfied of the
defendant's guilt beyond a reasonable doubt, in order to
warrant a conviction, does not require that the jury
should be satisfied beyond a reasonable doubt of each
link in the chain of circumstances that is put in
evidence and relied upon to establish the defendants are
guilty, and that each link or circumstance that is
essential and necessary in order to establish guilt, is
established beyond such reasonable doubt.
That, while it is necessary for the prosecution to prove
every material allegation in the indictment beyond a
reasonable doubt, yet if the proof is of that nature that
it would control and decide the conduct of reasonable and
cautious men in the highest and most impor
241
tent affairs of life, then, as a
matter of law, facts established by such evidence are
deemed to be established beyond a reasonable doubt, and
the jury in a criminal case with that kind and degree of
proof before them, as to every material allegation in the
indictment, should convict.
You are instructed that if you believe from the evidence
that William Frailey, one of the prosecuting witnesses in
this cause, is what is known in law as an accomplice,
still you cannot on that account disregard his testimony,
but in the light of all the other facts and circumstances
proven, you should give such weight to it as you deem
proper.
The law is that the uncorroborated testimony of an
accomplice is sufficient to convict a person charged with
crime, if from such evidence the jury believes, beyond a
reasonable doubt, that the accused are guilty as charged.
You are instructed that, while the statute renders the
defendants competent witnesses in their own behalf, still
thejury are the Judges of the credibility and weight of
such testimony, and in determining such weight and
credibility, the fact that said defendants are interested
in the result of the prosecution may be taken into
account by the jury,and they may give such testimony only
such weight as they think it entitled to under all the
circumstances of the case, and in view of the interest of
such witnesses.
If the jury believes, from the evidence, that the
defendants have wilfully sworn falsely on this trial, as
to any matter or thing material to the issues in the
case, then the Jury are at liberty to disregard their
entire testimony, except in so far as they have been
corroborated by other credible evidence, or by facts and
circumstances proved on the trial.
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That while the defendants, as regards
the defense of an alibi, are not required to prove that
defense beyond a reasonable doubt to entitle them to an
acquittal, yet they should establish that defense so
clearly and satisfactorily as to raise in the mind of the
jury a reasonable doubt as to their presence at the time
and place of the commission of the crime charged.
The court instructs you that if you believe from the
evidence that the said Luke Hambrink was unlawfully
killed with malice aforethought in manner and form
charged in the indictment, and that the defendants were
present and in any manner aided, abetted or assisted in
such killing, or advised or encouraged the same, the jury
should find them guilty, although they may believe from
the evidence that some other person fired the fatal shot.
that if the evidence, facts and circumstances convince
you, beyond a reasonable doubt, that the said Luke
Hambrink was unlawfully killed with malice aforethought,
in manner and form as charged in the indictment, and that
the defendants were present and in any manner aided,
assisted or abetted such killing or advised or encouraged
the same, then the jury should find them guilty, though
there was no human eye witnessed the fact of such
killing.
That, if you believe from the evidence, beyond a
reasonable doubt, that any one or more of the defendants
are guilty of the offense charged in the indictment, and
that any other of the defendants stood by at the time and
aided and abetted or assisted or not being present had
advised or encouraged the commission of the same, then
such other persons so aiding, abetting, advising or
encouraging are in law guilty as principals and the Jury
should so find by their verdict.
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You are instructed that what is meant
by circumstantial evidence in criminal cases is the proof
of such facts and circumstances connected with or
surrounding the commission of the crime charged as tends
to show the guilt or innocence of the parties charged,
and if these facts and circumstances in this case are
sufficient to satisfy the jury of the guilt of the
defendants beyond a reasonable doubt, then such evidence
is sufficient to authorize the jury in finding a verdict
of guilty, and you should so find.
You are instructed that while you must be convinced of
the guilt of the defendants beyond a reasonable doubt
from the evidence in order to warrant a conviction, still
the proof need not be the direct evidence of persons who
saw the offense committed.
The acts constituting the crime may be proved by
circumstances.
You are instructed that although you may believe from the
evidence that the witness, William Frailey, has sworn
differently at different times regarding the matters
testified to by him, still it you believe, from all the
facts and circumstances in evidence surrounding this
case, that he has testified truthfully upon this trial,
then, and in that case, you are authorized to give his
testimony all the weight, credit and belief that you
think it is entitled to receive.
If you find the defendants, or either of them, guilty of
the crime charged in the indictment, then you should fix
their punishment by your verdict, which may be
imprisonment for life or for any number of years not less
than fourteen or you may fix the death penalty. You may
fix the punishment of each separately as you see fit by
your verdict, giving the same or different punishments to
each.
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You are instructed that the indictment
in this case is for murder; that the punishments for
murder are three -- the punishment of death, imprisonment
in the penitentiary for the term of the defendant's
natural life, or imprisonment in the penitentiary for any
term not less than fourteen years that you may agree
upon.
That if you find the defendants or any or either of them
guilty of murder, then you should fix his or their
punishment and return it as part of your verdict or
verdicts.
That if you find any or all of the defendants guilty of
murder, and fix the death penalty for such defendant or
defendants, then your verdict as to such defendant or
defendants may be in this form, to wit:
"We the jury, find (here inset the name or names of
such defendant or defendants) guilty of murder as charged
in the indictment, and we do further find that said (here
inset name or names) shall suffer the penalty of
death."
That if you find any or all of the defendants guilty of
murder and fix their punishment at imprisonment in the
penitentiary for life, then your verdict as to such
defendant or defendants may be in this form, to wit:
"We, the Jury, find (here the name or names of such
defendant or defendants) guilty of murder as charged in
the indictment, and we fix the punishments of said (here
insert name or names) at imprisonment in the penitentiary
for the term (or terms) of his (or their) natural life
(or lives)."
That if you find any or all of the defendants guilty of
murder and fix his or their punishment at imprisonment in
the penitentiary for a term or terms of years, not less
than fourteen, then your verdict as to such defendant or
defendants may be in this form, to wit:
"We, the Jury, find (here insert the name
245
or names of such defendant or
defendants) guilty of murder as charged in the
indictment, and we fix the punishment of said (here
insert name or names) at imprisonment in the penitentiary
for the term of (here insert any period not less than
fourteen years that you may agree upon.)
That you may find either one, or some, or all of the
defendants guilty, or one or some, or all of the
defendants not guilty. That you may find some or all of
the defendants guilty and give the same or different
punishments to those found guilty. That you may return
one form of verdict and punishment for one defendant, and
another and different punishment for another, and still
different punishments for each of the others. In this
latter case, you may use and combine the forms above
given, so as to express your findings as to each of the
defendants, and you may give the same or a different term
of years to those you may find guilty.
If you acquit all the defendants, then your verdict may
be in this form, to wit:
"We, the jury, find the defendants not guilty."
If you convict some of the defendants and acquit others,
then you should specify in your verdict which of the
defendants you find not guilty, and which of the
defendants you find guilty.
At the close of his sentence on the charge of having
murdered Hambrink, Belt again returned home with his new
wife and settled down to life. But somehow, matters did
not seem to run smooth in the neighborhood in which he
lived as the stock of those to whom he was an enemy began
to suddenly sicken and die in rapid succession. And no
one was able to tell what ailed the dead animals. They
were cut open in an instant or two and the outer portion
246
of the entrails were found to be
congested or very much inflamed. The supposition at last
became current among the people that this deadly work was
being done with a shot gun of very small bore and charged
with gun powder only. Out of the five or six cases of
this character in as many weeks, one case was the
property of a friend and that was supposed to be either
by design or accident. This happened just prior to the
assassination of Belt after which no more cattle were
lost by people living in that vicinity.
We give an account of the assassination of Belt as was
given in the Register, a weekly paper published in
thecounty at Cave-in-Rock, under the date of June 10th,
1887, and is as follows:
Logan Belt Assassinated--Shot dead in his buggy while
returning home from market---a lady accomplice or
supposed work of a man and woman. On last Monday evening,
June 6th, Logan Belt was shot and killed while enroute
home from Cave-in-Rock and about 150 or 200 yards west of
Wesley Chapel, on the Old State road, and which adds
another crime to the dark annals of Hardin. It is said to
be the first time since his trial that he had gone
anywhere even on his farm unaccompanied. At least it was
the first time he had been seen in this place alone - his
wife, a relative or some friend having formerly
accompanied him.
He started home after the rain that evening, and the
distance to his home is about four and one-half miles. On
the spot where he met his tragic death, the road runs to
the verge of a bluff or ledge of rocks having a descent
of some fifty or sixty yards (torn page or line gone)
Shirley. A Mrs. Jerry said at 6:30 she started to milk
the cows and while milking, she heard a shot fired as
from a rifle, then a scream such as made by a person
247
in dire distress. The scream was
instantly followed by three more shots in rapid
succession and then a rumbling report as though a team
were running off with a wagon. After hearing of the
murder' she supposed that it was Belt who did the
screaming. This was about one hour by sun, she said, and
6:30 by her clock. His remains were interred at Peter's
Creek cemetery, Wednesday.
The above is as was reported. And now, dear reader, we
are nearing the end of our little volume and biography of
Logan Belt. We have endeavored to present to you the life
of one of the most remarkable men that Southern Illinois
ever knew, and a man whose cruel hands many have
suffered. We have been very careful to present to you
only what truth warranted, and could we but place before
you all that we have learned, to our satisfaction, of the
many dark deeds of Logan Belt, this work would be
four-fold larger than its present size. It would be a
blood-curdling narrative to say the least. We have met
with a great many obstacles in the preparation of the
book, as the friends of the character as here given
strongly objected to its issue and refused to furnish the
author with a photograph of Logan Belt. A true cabinet
portrait of our character was withheld from us. We
procured one that we considered good and which is herein
presented to our readers.
Having given you the impartially written history of Logan
Belt amid difficulties that would have caused some men to
flounder in their work, we submit our book for your
kindly consideration by appending a letter written by the
latter Mrs. Logan Belt, as a finish.
Fort Worth, Texas, Dec. 13th, 1887. Editor of the
Register, Cave-in-Rock, Ill.
Sir, I understand you have "with the assistance of
interesting writers," just com
248
pleted the manuscript for a book
containing the life of my husband, I do not know how many
writers there are, nor who they are, but I have an idea
who, (or at least a part of them), and I do not want that
history written. Not that my husband has ever done any
thing I would care to have every person know of, but that
which he never thought of doing would be grasped for the
hardest. Not that I care to have written again, he once
killed a man, being the one it was, for God knows he did
a good thing when he did it and it would have been a
better one if he had left more of them in the same fix he
left that one in, and every man or woman who were
possessors of truth, Man or Womanhood would say so. Not
because he was indicted last fall for murder, for he was
as innocent of that for which he was indicted as an
infant, but from my own observation, I know it would not
be written by unbiased pens, written by ------- , and I
know he is at the bottom of it, and has been preparing it
for years.
MRS. LOGAN BELT
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