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Has Broken Out Near Wil. W. Va.Several Members Have Already Lost Their Lives and Others are Marked (or Death.Mrs. Charles Daniels and her 16-year-old daughter were shot ,to death last Friday, November 26th, near Devon, Mingo county, by a posse under the command of a constable named Ferroll, of Pikecounty Ky.The shooting of Mrs. Daniels and *hur dmughter grew out of a family feud; Ahlch has been brewing for some weeks between the Christians and Daniels on the border of Kentucky and West Virginia. The Christians lived in Mingo county, IV. Va., and the DanielB in Pike iounty, Ky.; About three weeks ago George hristian ventured to the Kentucky ide and was slain by Jim Daniels, ud It is claimed that the murder as unprovoked and most brutal. Christian and Daniels were brothers-in-law, and had formerly been allies, having each served a term in the West Virginia penitentiary upon the charge of murder and shooting to kill. They fell out over a trivial matter and became deadly enemies.After the killing of Christian by Daubels the two families and their friends became involved, and for some few days both factions have gone about heavily armed.The Christians secured warrants for Jim Daulels and his brother, Charles, who was also said to be implicated in the murder of George Christian, and led by a posse of sixteen went to the home of the Daniels for the purpose of effecting their arrest.The two Daniels boys were at the home of their father, Charles Daniels, near Devon, and it is said that when the officers approached within a few feet of the house Mrs. Daniels and her daughter threw open the front door and opened fire with Winchester rifles, one of the posse receiving a bullet in the arm, and Mose Christian, father of the murdered Christian boy, had his hat shot from his head.The two Christian boys and their father opened fire from behind thehouse. Mrs. Daniels was shot down in the doorway, but the 16-year-old daughter stood over her prostrate form and fired upon the posse until she dropped dead across her mother, pierced by three birllets.The officers closed in, but by forfeiting their lives, the mother and daughter had so effectually covered the retreat of father and%brother that they made their escape. xThere are now some 30 armed Christians and their friends on the West Virginia side and almost a like number of the followers of the Daniels faction on the Kentucky side. Roth factions are armed with Winchesters, and officers say they are unable to control the situation, and if either of these factionB crosses the line and clash, either Governor Glasscock, of West Virginia, or Governor Willson, of Keutucky, will be appealed to.The following dispatch from Williamson says further concerning this new feud: ; rAs a result of the battle between the Christians and Daniels, near Devon, Pike county, Ky., Jijw Daniels lies at the home of his brothers with a wound which is said to be fatal. Kentucky officers have refrained from approaching the house, knowing that it means more bloodshed. It was believed that Daniels had escaped uninjured until appeal was made for a physician. Accurate Information gained points to a possibility that two of the largest and most highly respected families of Mingo county may become involved in the feud.The Daniels married Cline* families, sons and daughtersother side La alllgned *’lose kill of the Hatfields, likewise fearless people, and officers are gloo’ny as to what the possible outconw of the troubles may be.Circuit Judge Andy Kirk, 0f Kentucky, who was in Williamwnj on the day after the battle occur-1 red, said that it was the purpos* i of t^ie Kentucky authorities to bring the Daniels to justice if the entire Kentucky state militia had to be called into service. The local officers of the two States are saying but little.The excitement, however, is high and an officer of Mingo county, who issued warrants for the Daniel*, said that the matter would come to a (Sose when four or five more of the Daniels bit the dust.Williamson, W. Va., Nov. 30.— Henry and Jason Daniels, sons of 'Charles Daniels, this afternoon appeared before Justice of the Peace Wallace Chafin, of this place, and pleaded not guilty to the warrants sworn out by Dan Christian, charging them with shooting a DeputyJust before the hour of trial they met Deputy Sheriff Robert Simp-kina, Mingo county, at the Norfolk Western railway depot, and Simpkins forced them to submit to arrest, not knowing that they had surrendered some time ago at War tiagle, Mingo county. Simpkins shot one of the Daniels boys in attempting to arrest him.The State asked for a continuance in the case of Henry and Jason Daniels, and the trial was set fori JL Jv fMonday. Dec. 8, the two giving bond for their appearance.Isaac W. Dawson Dead. .Isaac W. Dawson, formerly a resident of this city, died at Walbridge on Friday last. He was eighty-two years of age, and leaves eight children: B. Dawson, of Ashland; Mrs. John Ingleman, of Stanford, Ky.; Mrs. George Lee, of Washing'-ton; Mrs. Lee, of Walbridge; Mrs. Porter Hensley, of Walbridge, and Grant Dawson, of Catlettsburg.Mr. Dawson was a Union veteran, and was for many years postmaster at Walbridge.APPELLATE DECISIONIn Case of Commonwealth vs. F. D. Marcum.N, The following is the opinion in full of the Court of Appeals, certifying the law in the case of the Commonwealth vs. F. D. Marcum.First—Criminal I^aw—Arrest of Boisterous Person on Train—Construction of Statute—Peace Officer —Arrest Without Warrant—Certifying the Uw.—Upon the trial of appellee, a peace officer, who was called upon to assist in the arrest of a boisterous, drunken man who was a passenger on a train, the jury falling to agree, the record was certified to this court for the purpose of determining the propriety of giving certain instructions. Held—An Instruction Is objectionable that does not present the Idea that the resistance to the proposed arrest must be a forcible resistance, and because it does not embody the idea that the officer may act upon what appears to him to be necessary in the exercise of a reasonable Judgment.Seoond—Same.—The arrest was by the officer under section 806, Ky. Stats. This statute was enacted for the protection of the travel* ing public from unlawful conduct on the part of fellow-passengers. The statute authorizes the conductor to obtain the assistance of a peace officer, and empowers the peace officer ou demand of the conductor to arrest the offender, and to require the train to be held until a warrant is procured would nullify the statute. Here the circumstances were such as to require the arrest of the offender and to make It reasonable that a peace officer act upon the request of the conductor without a| warrant, and the Instruction embodying this view is not subject to crlticism.Byrd Davis, Calloway Howard, into jtfie^Hppklns Hopkins for appellant;Attorney General;of Confederate veterans. They JleGregor, Assistant JUtor-th# descendants of Ua# pioneerIxiey General, for Commonwealth) W. settlers of Mingo county. Vpon the'D. O’Neal for appellee. ^
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Louisa Big Sandy News
Louisa, Kentucky, US
Fri, Dec 03, 1909
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USA 23 Feb 2020
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