Replies

and a more detailed statement of some of the interesting doings in Jackson, Kentucky:

Death Of Dr. Cox

As Told By John Smith - One of three men who ambushed Dr. Cox in April of 1902 in downtown Jackson. During the Hargis-Marcum-Cockrell-Callahan Affair.

From the Breathitt County News - January 18, 1907

Smith Makes A Confession

Breathitt County News, January 18, 1907

Following is the statement made by John Smith to the attorneys for the Commonwealth and in the presence of his personal attorney, John C. Eversole:

Just after Ben Hargis was killed, I was in the back room of Ed Callahan's store, or bedroom of the store, and he told me that him and the Hargises was looking to have trouble with some people at Jackson, and asked me if I would stand in with them. I told him, I was out of trouble, and did not want to get in any, and that the best thing for him to do was to stay out if he could do so on any fair terms. So that was about all that was said at that time.

In March 1902, I was at Frankfort as a witness in the United States Court against Dillard Bush and his wife, charged with robbing the mail. I was at the depot just after dark in company with R. M. Begley, who was also a witness in the same case, and was waiting for the train to come to Lexington that night. Jim Hargis and Ed Callahan came to me and Ed told me that him and Hargis wanted to talk to me before I went away. We stepped out into the middle of the street and Hargis asked Ed if I was afraid they would get me into trouble and Ed said, "Yes, I think so," and Hargis said if I was afraid he would go and have Beckham pardon me before I did anything, and he told me he could have Beckham pardon any man he wanted to in 20 minutes, and he told me there would be no danger as he and Ed would have me indicted the first court and tried and acquitted. He also told me if I would stand in with them and help get rid of some men at Jackson, as many as three or four, that the rest of the men who were against them would leave, and that they would then have everything their way; that he would help me make money; that he would furnish the money and we would put up a wholesale whiskey house in south Jackson, and that he would give me charge of it and would give me half the profits; and he made also lots of other promises. That was about all we talked about at that time, as it was about train time, and I had to leave for Lexington. I never had any more talks with them until in April.

Another Talk With Callahan

I was at St. Helens on timber. I was at Wilson's store, and Ed Callahan was in the store and told me he wanted to see me. We went upstairs in the store, and he said to me that there had to be some shooting done at Jackson; and wanted me to help to do it. He said he was going up to Jackson that night to see Jim Hargis, and have him to send for John Abner and Asberry Spicer, and have them at Jackson by the time we got back from down the river. He told me to go on and if he did not see me any more for me to go back to Jackson and stay there until he came, and that Jim Hargis would tell me what to do, and I don't remember that I saw him any more while I was on the river until I got to Valley View, and then I went back to Jackson as he told me to do. I went to Jackson on the 11:30 train and went to the Hargis store. Jim Hargis was talking to someone when I walked in. He winked at me and as soon as he was through talking to the party he walked by me and said to follow him upstairs into the office or bedroom. He told me he had sent Bob Deaton after Asberry Spicer and John Abner, and that they would get in that night, and for me to stay around town the rest of the day and to go to Ester Haddix's and stay all night. No one knew me there, and there was only four or five men in Jackson at that time who knew me. So I did as he told me, and he gave me two dollars to pay my bill and a .45 Colt's pistol. As soon as we went downstairs I saw Mose Feltner just at dark at Bill Back's, but I don't know that Feltner remembers it or not, but I guess he does. I was at Joe Hord's place that night and played cards with Jim Cockrill, Joe Hord, Benton Blanton, and others.

Hargis Gave Him Whiskey

I stayed all night at Ester Haddix's, and the next morning as soon as Jim Hargis came to the store he told me that Spicer and Abner came and that they were down on the river on the second branch below town, and for me to go where they were and Hargis gave me an order on Will Jett for a half gallon of whiskey and told me to bring him one quart and take the other to Spicer and Abner. I went and got the whiskey and went back to the store, and me and Jim Hargis went upstairs and took a drink and I started to where he told me I would find Spicer and Abner. As I went downstairs I met Elbert Hargis, but I did not know him at that time. I went on and found Spicer and Abner, as Hargis told me I would, and we stayed there all day, and Elbert Hargis and Bill Britton brought us dinner, and that evening just about dark we crossed the river and went to Elbert Hargis' and got supper, and after supper Elbert, Britton, Spicer, Abner, and myself went to town and met Jim Hargis and Ed Callahan in the backyard at Jim Hargis' home, and they all talked about the killing of Dr. Cox, and Callahan said he was sure in town for he came up on the train as he did. I think Ed came up that day from Valley View, where he had been on timber. Jim Hargis wanted me and Abner and Spicer to go on the street that night and meet Dr. Cox and shoot him with pistols, as he said nobody knew us, and that would be a safe way to kill him. But that plan was dropped, as Abner and me did not know Dr. Cox, and Spicer was afraid someone would know him.

Hargis Furnished Guns

So Ed Callahan said to watch his house till he came home that night from his office and kill him as he went in the gate. So Jim Hargis furnished us all, Spicer, Abner, and myself, with shotguns, loaded with buckshot, and placed us just across Dr. Cox's gate and sent Elbert Hargis uptown to see if he could find out where Dr. Cox was. And Jim Hargis and Callahan stayed with us until Elbert Hargis came back, as Jim Hargis said he could tell Dr. Cox from any man in Jackson the darkest night that ever come. Elbert came back and said he was up to the Cardwell corner and though he would be home soon. He did come and walked in the gate, and I could have killed him, if I had tried, for I knew Dr. Cox, but I told them I did not, and Spicer and Abner told Ed and Jim that they were afraid it was not him was the reason they did not shoot. Hargis cursed everyone of us in a joking way, and told Ed his men was no good and said he would shoot Dr. Cox himself if he could get no one to do it.

The Murder

Jim and Ed told us to go back with Elbert and come back the next night, and we did so, and went home with Elbert and stayed in his house till after dark the next night, and went back to town and met Ed and Jim at the same place as the night before, but I don't remember about Bill Britton, but think he was already in town. So we told them we were afraid to shoot unless we was certain it was the right man. So Jim put us three, Spicer, Abner, and myself, under the barn shed and sent Elbert Hargis to stand on the corner opposite the Cardwell corner, and when Dr. Cox left his office and started home and got about opposite where we were in hiding, Elbert Hargis was to call to him so we would know it was Dr. Cox. We stayed under the shed about one hour, and while we were there Ed Callahan came to us and stayed with us until just about 20 minutes before Dr. Cox was killed, and told us to be sure not to miss him. And when Dr. Cox did start from his office and came down just across the street from us, Elbert Hargis called to him and said, "Is that you, Doc?" and he said, "Yes," and stopped and all three of us fired at the same time, or so near the same that it was all one report.

As soon as we fired I ran to the other end of the shed and Spicer and Abner fired two more shots, which made five shots that were fired, but only three reports. While I was at the far end of the shed waiting for Spicer and Abner I saw two men crossing from the Hargis store, and I did not know who they were so I ran on down to the back of Jim Hargis' house and waited till Abner, Spicer, and Elbert Hargis came to where I was and in a short time Jim Hargis said, "By G_d, you surely got him, for I heard him beller like a big bull." I think Jesse Spicer came to where we were just before we left, I wanted to stay in town that night but they rushed us off just as soon as they could. We went to the lower side of the bottoms below Jim Hargis' house, and crossed in a boat and turned the boat loose.

Spicer, Abner, and myself went to the head of Cane Creek, where Curtis Smith lived, and me and Abner stopped, and Spicer went on home. We stayed there all night, and the next day Abner stayed hid at my brother's and I went to the home of my brother, Govan Smith and my mother, Rachael Smith, and Alfred Holland's, they all lived on Cane Creek, near one another. The second night after Dr. Cox was killed I took Abner to Sam Callahan's on Canoe Fork, and there he got a mule and went on home on Long's Creek. So the next day I left Cane Creek long about seven o'clock in the morning and started for home. I stopped at Sam Callahan's and bought 25 cents worth of cartridges. I saw Lewis Evans that day at the mouth of Sebastian's Branch with a freight boat, but don't know who was with him. I lived in Perry County at that time and went on home. I saw lots of people as I traveled the roads, and on my way home I stopped at Ed Callahan's.

Says Hargis Sent $100

In a few days I came over to Ed Callahan's, and he called me in the back room of his store and told me he had $100 in money for me. He said the Hargises sent it to me. This was the first time any money had ever been mentioned to me except that they made me all kinds of promises to stand by me and give me a good job. So this is about all I know about this except that Jim Hargis has never done anything he promised to do.