Hatfields, McCoys take feud to court - Family, tourist development officials seek access to cemetery

PIKEVILLE, Ky. - Descendants of the nation's most famous feuding families will face off in court next month in a trial to settle a dispute over access to an eastern Kentucky cemetery.

"I really hate that we have to go to the court system to settle this," said Bo McCoy of Waycross, Ga., one of the plaintiffs in the lawsuit against a Hatfield descendant and his wife who have blocked access to the family cemetery. "We wanted to be gentlemen about it. We felt like we had no other choice."

The cemetery, which holds remains of three McCoy brothers who were tied to papaw trees and executed by the Hatfields in 1882, is too important historically to remain closed to the public, Mr. McCoy contends.

He and his cousin Ron McCoy of Durham, N.C., filed the lawsuit against John and Barbara Vance of Hardy, whose property stands between the cemetery and the nearest road. John Vance, a Hatfield descendant, had posted "no trespassing" signs to keep people out of the cemetery until a judge granted an injunction earlier this year giving temporary access until a jury can decide the issue.

Bo and Ron McCoy, organizers of the annual Hatfield-McCoy Reunion Festival in Pikeville, want the cemetery to be part of a tour that would highlight points of interest related to the bloody Hatfield-McCoy feud. Economic development officials in Pikeville hope the feud sites and cemeteries where those killed were buried will draw tourists to the mountain communities.

Pike County Circuit Judge Charles Lowe Jr. has scheduled the cemetery trial to begin Jan. 22.

"I'd love to get a phone call saying they've decided to sit down and negotiate a settlement," Bo McCoy said.

Larry Webster, a Pikeville lawyer representing the Vances, said the case pits an individual family that wants some privacy against the interests of tourism and economic development officials who want to turn the property into a national attraction. The attorney said he believes the lawsuit was filed not so much to gain access to the cemetery as it was to promote tourism.

"This was designed to get national headlines, and designed as a way to get free advertising for people who hope to make a profit from these things," Mr. Webster said.

Tolbert, Pharmer and Randolph McCoy, who were killed in August 1882, are buried in the cemetery. Legend holds that the three McCoy brothers had been shot to death in retaliation for the death of Ellison Hatfield, whom they killed in an election day fight.

Also buried in the cemetery are Alifair and Calvin McCoy, who were killed in an attack on their father's cabin in January 1888.

Bo McCoy said the cemetery is emotionally significant to his family because it holds the graves of five people killed in the feud.

The cemetery dispute involves whether a road leading to the graves is a public road, as the McCoys contend, or a private driveway, as the Vances claim.

Here is an Excerpt of the original argument:

http://www.hatfieldsandmccoys.com/feud.html

Men Who Matched the Mountains

It is the stuff of legend: the story of two noble, strong-willed families locked in the throes of mortal combat, bound by personal honor to avenge the smallest of grievances, finally forsaking the pursuit of justice for the call of vengeance.

The families were led by two men who matched the character of the mountains they called home. William Anderson "Devil Anse" Hatfield and Randolph "Ol' Randell" McCoy were men of similar yet contrasting natures. Both men were heads of large families. Devil Anse and his wife, Levicy, and Randolph and his wife, Sarah were thought to have had thirteen children each. Both men were hard working and adept at surviving the harshness of mountain life. Both were men with profound senses of duty and justice. Both heeded the call to war and fought for the Confederacy. Both sensed the changing tide of Appalachia as West Virginia seceded from Virginia and timber, railroad and mining interests began working their way into the region.

Known as a gregarious storyteller and gracious host, Devil Anse was also an able outdoorsman and excellent marksman. As a young man, his penchance for hunting bear earned him his nickname when, after one three-day long encounter, he declared himself ready to take on the devil himself.

Some fifteen years older than his counterpart, Randolph, by contrast, was said to be a more introverted, sullen man. He was a man resolutely committed to his family, quick to defend against what he perceived as injustices done to his family. He was also a strong believer in the legal system. When others were quick to take up arms to settle disputes, Randolph was often the sole voice of reason, steadfastly pursuing legal resolutions to his problems.

For his involvement in the feud, Randolph paid a great price. Five of his children were gunned down and a sixth, Roseanne, died at the age of thirty. "Ol' Randell", now broken and driven nearly mad by grief was known to walk the streets of Pikeville recounting the story of the feud to whoever would listen.

Devil Anse, meanwhile enjoyed a certain post-feud fame. Though his business interests prospered, as did his personal notoriety, Devil Anse still struggled with the legacy of the feud. Ultimately, this struggle led him to finally make his peace with God and the fiercely proud, self-sufficient mountain man was baptized by his friend, Rev. Dyke Garrett in the waters of Island Creek.

So how is that two such men could set their families into a decades-long bloody conflict that would be settled only at unspeakable costs? The origins of the vendetta are unclear. Like most great tragedies, however, its beginnings are a collection of relatively minor offenses, minute in comparison to its ultimate outcome.

First Blood

Though taking place nearly two decades before the height of the feud, the slaying of Asa Harmon McCoy is often given as one of the defining events of the Hatfield-McCoy feud.

With the onset of the Civil War, Kentucky remained a "neutral" State and, as such, was often at the mercy of the competing forces of North and South. Asa Harmon, brother of Randolph McCoy, though he was a slave owner, was a keen observer of his times. Sensing the turning tide of the war, he defied the general sympathies of the region and enlisted in the Union Army in 1864. He served for eleven months until he was felled by a broken leg and discharged from the Army on Christmas Eve, 1864.

He returned home to a chilly reception. Though he expected animosity from the Confederate side of the Tug, he was surprised at the cool welcome he received amongst his own family members. Indeed, he found little sympathy at home even after he was threatened by Jim Vance, the ruthless uncle of Devil Anse Hatfield. It was Vance who promised a visit from the Logan Wildcats, a local "home guard" group intent on protecting their own interests.

Frightened by a series of gunshots fired on him as he drew water from a well, Asa Harmon fled for the safety of the hills and found refuge in a cave there. For several weeks, he hid there, visited only by his wife and his slave, Pete, who brought food and supplies. On the night of Jan. 7, 1865, it was Pete who inadvertently revealed Asa Harmon. The Wildcats had simply followed Pete's tracks in the snow. Asa Harmon met his fate at the end of a rifle.

Suspicion first fell on the leader of the Wildcats, Devil Anse Hatfield. Devil Anse as it was well known had no affection for the Union in general or the McCoys in particular. Devil Anse, however, was quickly found to have a legitimate alibi: on the night of the killing, he was sickly and confined to bed. The slaying of Asa Harmon was followed by a resounding silence. There were no calls for vengeance, no cries for legal reprocity from the McCoys. A number of reasons have been ascribed to this lack of action: a noted lack of sympathy for the Union, a possible apathy in the region credited to war weariness, a lack of tangible proof and conflicting accounts of what had transpired. By some accounts, Randolph McCoy, who also served in the Confederate Army was being held in a Union prison camp. Whatever the reason, the simple fact remains that the tensions between the families had yet to cross the bloody line of violence that would be a staple of the feud to come.

THE HATFIELDS OF WEST VIRGINIA

The Hatfields generally hail from the West Virginia side of the Tug River. However, even during the famous Hatfield-McCoy Feud both families shared space on either side of the Tug River. Before, during and after the feud; families intermarried. Thus, the historical link between the Hatfields and McCoys cannot be denied.

The Hatfields joined the land rush of the early and mid 1800's. Land was cheap because the rugged nature of the mountains made farming difficult. But, like the other rugged families of Appalachia the Hatfields saw a chance to have a place of their own. Many of the early Hatfield settlers chose the area what is now known as Williamson and Matewan area. The area proved rich in timber and coal. Coal was something of a misunderstood resource in the beginning many Appalachian families were "convinced" by large corporations to sell their mineral rights. This would prove to be a costly mistake. The Hatfields enjoyed a considerable degree of prosperity but, none would disagree that their winfall would come at the hands of the courts.

A young orphaned boy named Perry Cline was accused by Devil Anse Hatfield of illegally cutting down timber on Hatfield land. This accusation was very serious and could have carried with it a jail sentence. However real or justified the charges, the "settlement" was completely without doubt a very large financial victory for the Hatfields. Perry Cline settled the case out-of-court for the sum of 5000 acres. This was seen by everyone as unjust but, the frightened young man feared jail time unless he settled his case. Later, this initial spark would come back to be a vital part in what would be known as the Hatfield & McCoy Feud.

Today there remains a mere 8500 Hatfield families within the U.S. (source EQUIFAX)

Decendants of the infamous Hatfield clan continue to live in the Appalachina Valley to this day. However, like many Appalachian families the prosperity of the 1920's called many families to leave the harsh mountains for the lure of work in the industrial centers of the north. The generations of Hatifelds and McCoys born outside of the Appalachian Valley were ultimately to become the long lost heirs of a legacy that is known as The Hatfield & McCoy Feud

THE MCCOYS OF KENTUCKY

The McCoy's generally hail from the Kentucky side of the Tug River. However, even during the famous Hatfield-McCoy Feud both families shared space on either side of the Tug River. Before, during and after the feud; families intermarried. Thus, the historical link between the Hatfields and McCoys cannot be denied.

One of the original founders of the area known as the Appalachian Valley, the McCoys were a rugged and prosperous mountain family. As pioneers in the valley, early on the McCoy were to become among the wealthiest of families in Appalachia. However, as time went on the family suffered financial loss in the timber business, divorce, and family infighting divided a once strong financial clan. It was this fall from prosperity that some say caused jealousy and anger among the McCoys towards anyone with wealth.

Today there remains over 40,000 households with the surname McCoy. (source EQUIFAX)

Decendants of the infamous McCoy clan continue to live in the Appalachina Valley to this day. However, like many Appalachian families the prosperity of the 1920's called many families to leave the harsh mountains for the lure of work in the industrial centers of the north. The generations of Hatifelds and McCoys born outside of the Appalachian Valley were ultimately to become the long lost heirs of a legacy that is known as The Hatfield & McCoy Feud

Bud and Rhoda McCoy posed for the picture at left on the day they were married, Sept. 17, 1907. When Photographer Sanders visited them this spring they went outside and struck the same pose for the picture at right. Bud is the grandson of Harmon McCoy, killed in the Civil War, and a son of Lark McCoy, who played a leading part in the duel (see p. 108). He was too young to kill Hatfields during the family war and has no ill will toward them now. He works in a near-by coal mine and likes to play the banjo and sing hymns with his wife after supper.

Joe D. Hatfield holds up the shirt worn by his uncle Ellison on the day he was killed by three McCoys. There are 26 knife holes in it. The three McCoys were killed the same day; one of them, Little Randall, 15, was told to beg for his life but replied, "Go to hell," and was shot.	L. Lawson Hatfield squats inside an old hollow tree which was long known as the "stink tree," where Hatfields were said to have stuffed dead bodies. (Usually they let them lie.) Devil Anse never repented his killings; he told Miss Thomas; "A man has a right to protect his family."

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Devil Anse's home and hideout was in this little West Virginia valley, protected by mountains in rear and in front by Island Creek and a wooden drawbridge (now replaced by the flat bridge shown above). Once a detective got across the drawbridge, captured nothing but a free meal on the porch.

The Bud McCoys, whose wedding picture is printed on page 109, live in cottage beside Norfolk & Western R.R. tracks. Below, a quilting bee in the home of Frank McCoy, Bud's brother. Two large stars in the upper corners are inscribed to the memory of Devil Anse Hatfiled and Harmon McCoy.

Frank McCoy stands on the swinging bridge leading to his home on Peter Creek. He has a gun in his hand, but welcomes visitors. Frank married a girl named America Hatfield, is glad the "trouble" is over. "It ain't right to kill innocent women," he said.

"Dornick" gravestone of Cal McCoy, killed by Hatfields at the time of the "houseburning scrape." Dornicks are natural slabs of stone which are set up without aid of a professional stonecutter. This is only known grave of a McCoy victim in feud.

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