Several Killed in Christmas Day Miners' Riot at McFerran Hotel, Whitley, 1908

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[December 26, 1908] -

United States Marshal and Miner Killed; Hotel Burned In Fight in Whitley County

Pitched Battle Between Union Workers and Federal Officials Seeking Arrest of Miners Accused of Violating Injunction Fatal--Others Believed to Have Perished.

(Special to The Herald.)

DANVILLE, Ky. Dec. 25.-- Deputy United States Marshal John Mullins, of Richmond, Ky., and Richard Ross, a miner living at Stearns, were instantly killed in a battle between United States Marshals and miners at Stearns, in Whitley county, sixty-six miles south of Danville this morning.

The McFerran Hotel, in which the miners were barricaded, was burned, presumably to smoke the miners out.  It is thought that four or five of the miners were burned alive in the hotel. In the battle several miners were wounded. 

United States Marshals Tate and Ryan, of Somerset, were wounded, but it is thought that their wounds are not of a serious character.  

How the Trouble Arose.

The trouble came about as the result of an attempt on the part of the union miners to organize the non-union miners at Stearns, numbering over 300.

The Stearns Coal Company, through its attorneys, E. L. Stephens and J. N. Sharpe, of Williamsburg, instituted suit in the United States District Court at Covington recently against J. O. Tunstall and thirty-one others, in which the company sought to enjoin the union men from interfering with the operations of the plaintiff's mines in Whitley county.  Tunstall is the District Organizer of the United Mine Workers of America.  It was charged that the defendants were attempting to bring on a strike.  Numerous threats are said to have been made.

Temporary Injunction Granted.

Judge A. M. J. Cochran caused a temporary restraining order to be issued. Whitley is said to have the largest output of coal of any county in the State.  It is alleged that the strike promoters refused to obey the restraining order granted by Judge Cochran and proceeded with their efforts to organize the miners.  A part of deputy United States marshals went to Stearns yesterday and arrested five miners and landed them in the jail at Somerset.

However, a large number escaped arrest and this morning United States Marshals Siler Ryan, Henry Waddell, Marshal Tate and Marshal Massingale, of Somerset, and Marshal John Mullins, of Richmond, went to Stearns for the purpose of arresting Simpson, a leader in the strike movement, who also connects the McFerran Hotel, the largest hostelry in Stearns.

The marshals found all of the striking miners barricaded in the hotel. No sooner did the presence of the marshals become known than a volley of shots poured out of the hotel at them.  The marshals returned the fire.

Marhsal Mullins, of Richmond, was killed instantly, as was also a miner by the name of John Ross.  The marshals then retreated, but came back, two going to the rear of the hotel and two approaching it in front.

Another pitched battle took place, in which Marshals Tate and Ryan, of Somerset, were wounded.  It is thought that seven of the miners were wounded in the latter conflict.  After the second fight the hotel was fired, women and children fled for their lives, in the midst of the most intense excitement.

Miners Flee From Building.

The miners were slow to come out, but when the roof began falling in they rushed out and fled.  The miners who killed Mullins came out on the veranda and fired directly at his man.  He was fired upon and it is thought that he was wounded and was burning in the building.

Two or three others, who it is thought were wounded, are also said to have been burned in the building.  Marshal Ryan, of Somerset, who was wounded, got separated from the other marshals when the building was burning and is hiding out in the mountains.  A searching party went after him tonight.

Fears for Marshal's Safety.

Great apprehension is felt for his safety, as it is believed that if the irate strike promoters discovered him that he will be murdered.  His family at Somerset is much alarmed.

The body of Marshal Mullins was placeed on a train this afternoon and taken to Richmond.  All the marshals, save Ryan, returned to Somerset at 4 o'clock this afternoon.  A posse of from fifty to one hundred armed men, headed by United States Marshals Massingale and Waddell left Somerset tonight for Stearns.

They will reach that point about 3 o'clock and an effort will be made to capture the strike promoters before the break of day and before they again barricade themselves.

Excitement is intense in all the surrounding country, but it is believed that the posse which will go tonight will be able to capture the leaders.  However, they will go prepared for another battle, if necessary, to capture their men. [1]

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[December 28, 1908] -

MEN SHOT CHRISTMAS 

DAY ARE INTERRED

DANVILLE, Ky., Dec 27.-- The remains of United States Marshal John Mullins, who was killed by law-defyin miners at Stearns on Christmas day, were interred at 2 o'clock this afternoon in a little cemetery at Mullins' Station on the L. & N. Railroad in Rockcastle county.  A number of Federal officials were present including Marshal W. T. Short, of Richmond, who had in times past been in scores of raids on moonshiners with the dead man.

The high esteem in which Marshal Mullins was held was evidenced by the tremendous outpour of people at his burial.  He was one of the most noted moonshine raiders in Kentucky and has had hundreds of daring experiences in the Kentucky mountains.  His last great raid was in the eastern section of Rockcastle county two weeks ago, when he arrested several moonshiners and destroyed three illicit distilleries.

He was 40 years old and is survived by his wife and five children, who are almost prostrated over his tragic death.  He was considered absolutely fearless.  The little station where he lived was named in his honor. [2]

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[December 28, 1908] -

ABSOLUTE QUIET REIGNS SUPREME NOW IN STEARNS

Somerset Company of National Guards and United States Marshal Steve G. Sharp Returns Home.

LEXINGTON SOLDIERS TO REMAIN ON DUTY

Men Wanted By Officers Are Said to Be in Tennessee.

(Special to The Herald.)

STEARNS, Ky., Dec. 27.-- The situation here today has been one of absolute quiet.  The presence of the soldiers, who arrived last night, was received with mingled surprise and pleasure by the villagers when they awakened this morning, the majority of them knowing nothing of the coming of the Guards when they retired last night.

A great many miners came in from the camps at Barthel, Worley and Yamacaw during the afternoon.  Their coming was due chiefly to curiosity to see the boys in olive drab.

Inspect Property.

During the morning Col. Garnet Ripley with a detail of soldiers under Captain Jones accompanied by R. L. Stearns on a trip of inspection of the company's property along the Kentucky and Tennessee railroad a distance of twelve miles.

On his return Colonel Ripley had a consultation with United States Marshall Steven C. Sharpe during which he was advised by Mr. Sharpe that he had positive information that Berry Simpson, Reuben West and George Stanley, the three men for which he holds warrants, are in Tennessee and not likely to return to Kentucky as long as the Guards are here.

Colonel Ripley reported this to Governor Willson along with a recommendation that the Somerset company he sent home and the Lexington company be returned to guard the Stearns Company's property, chiefly the electric plant and offices.

Returns to Covington.

Marshall Sharpe during the morning heard the stories of the eye witnesses of the Christmas day battle in which Deputy Marshall John Mullins and Richard Ross, a miner, were killed.  At noon Marshall Sharpe decided that he would return to Covington, stating that he could better plan from his headquarters for the arrest of Simpson and his associates.  Marshall Sharpe left here on the 2:30 train.

Rumors of all kinds born more in the imagination of the miners than elsewhere are in circulation here, but none of them seem to have any foundation in fact.  The village tonight is under complete control and the citizens are slumbering more peacefully than on the previous two nights.

SOMERSET COMPANY ORDERED BACK HOME

FRANKFORT, Ky., Dec 27.-- Governor Willson has received reports fro Stearns which show that the authorities have the situation there well in hand and the Somerset company, which was sent to Stearns last night, has been ordered to return home.  The Governor says the presence of the soldiers seemed to alley uneasiness.  The Lexington company will remain on duty for the present.  The chief concern seems to be in regard to the miners who fled across to Tennessee and an effort is being made to arrest them, but the reports received by the Governor show that it is doubtful if their arrest will accomplished.  [3]

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[December 29, 1908] -

BLIND TIGERS ARE HELD RESPONSIBLE FOR MINE TRAGEDY

Sheriff of Whitley County Blames the Christmas Day Killing on Too Much Contraband Whisky.

FOUR PRISONERS ARE TAKEN TO MAYSVILLE

Pass Through Lexington In Charge of Deputy U.S. Marshal Massingale.

STEARNS, Ky., Dec. 28.-- Blind tigers in this county were declared by Sheriff Crawley today to have been the cause of the battle here on Christmas day between the miners and the United States Marshals, which resulted  in the death of two men.

Sheriff Crawley was induced to make the remark at the end of a day which was devoid of incident, save the firing of a single charge into a bank where one company of soldiers are quartered.

The Sheriff made a visit to the mountain "stills" in the neighborhood, but found them deserted.  He held a conference with the United States officials, but refused to swear in any special deputies because the situation was not deemed sufficiently grave by him.

Sheriff Holds Conferences.

Sheriff Crawley spent the greater part of his time in conference with the representatives of the coal company, of the militia officers.  He returned to Williamsburg this afternoon.  The Sheriff was earnestly asked to assume charge of the situation here or at least have a deputy, but declined and also refused to name one of the militiamen as deputy unless a bond was furnished.

This the coal company offered to do, but Crawley insisted that the deputy should be sworn in at Williamsburg.  As this would require a long journey over the mountains the [m]atter was dropped.

Fugitives In Tennessee.

The Sheriff said that on the way over here he was informed that Berry Simpson and his followers were just over the Tennessee line, that they were fully armed and prepared to resist arrest.

All of the soldiers are now being used for night duty and last night the men were given a few minutes of excitement by the report of one of the men that he had heard footsteps approaching the lumber plant.  The force was concentrated there, but no attack followed.

PRISONERS ARE IN MAYSVILLE.

(Special to The Herald.)

MAYSVILLE, Ky., Dec. 28.-- Deputy United States Marshal George Massingale tonight, by order of Federal Judge T. M. J. Cochran, brought Elisha Slaven, charged with contempt of court in aiding and assisting Berry Simpson to resist the service of an attachment at Stearns, Whitley county, December 25, to this city and he was placed in the Mason county jail.  Slaven was among those arrested who were in the house and who fired on and killed Deputy United States Marshal Mullen.

Oliver Slaven and Harvey and Jesse Simpson were also brought here at the same time.  They are charged with contempt and disobeying the restraining order of the court.  The men had all been in jail at Somerset and were ordered to appear here for preliminary hearing in the morning before Judge Cochran.

PRISONERS IN LEXINGTON.

Oliver Slaven, Jesse Simpson, Elisha Slaven, and Harvey Simpson, who were arrested at Stearns on a warrant charging them with violating a temporary restraining order, passed through Lexington yesterday afternoon en route to Maysville in charge of Deputy United States Marshal George Massingale, where they will be arraigned before Judge Cochran.

When seen at the Union Station, Deputy Massingale said that times were pretty hot in Stearns for a while, but he thinks the trouble is about over.  He said that he had been in Stearns several days prior to the trouble, but as he was practically alone he feared that if anything came up he would not be able to do anything.

Tells of Trouble.

The day before Christmas he arrested Oliver Slaven, Harvey Simpson and Jesse Simpson on the charge of violating a restraining order and took them that night to Somerset, where they were placed in jail.

The next day, he said, when he in company with one other officer went into the hotel and demanded that those in the hotel surrender they opened fire on the officers.  He said that after fighting awhile the other officers advised that they telegraph to Maysville for help, but told them they would all be killed before anyone could get there.  They then set fire to the hotel.

Marshal Massingale said that Elisha Slaven came out of the house, but he, the Marshal, seized him before he could use a pistol he had in his hand.

Describes Fight Graphically.

He graphically described the fight and the breaking out of the imprisoned men in the burning hotel.  When asked if he came all the way through alone with his prisoners he said that he had, an if something doesn't happen he would finish the trip by himself.

"When we set out I told the boys that if they started anything I'd put smoke through them sure as fate," said the Marshal, "and," he concluded with a smile, "the boys seem willing to abide by the agreement."

The men were sitting in the smoking room at the Union Station talking good naturedly among themselves when approached by a reporter and when asked as to the condition in Stearns at present, said that if a good man would come down to Stearns he could arrest everybody in town without a bit of trouble.

Anxious About Father.

The two Simpsons seemed anxious to know if their father had been caught, but had little to say of the shooting except that they thought the fight was uncalled for.

Elisha Slavin, who was captured as he ran from the burning hotel, said that he did not see any of the fight as he was in a room by himself and was not looking for trouble.  He said that when the house was set on fire he ran out to keep from being burned to death and that the Marshal seized him as he came out.

Thinks Soldiers Unnecessary.

Jesse Simpson said that he didn't see any use of sending two companies of soldiers after one man, who had already escaped.  He said he heard that one of the soldiers on duty getting scared, had shot off his rifle five times.  They seemed amused that so many soldiers should be in the little town which they thought very quiet.  They were worried by the curiosity of the crowd and one of them said that the crowd watched them as if they had killed somebody.

Marshal Massingale said that he would charge Elisha Slaven with the killing of Marshal Mullins when Slaven is brought before Judge Cochran.

The Marshal and the four prisoners left over the 5:40 L. & N. train for Maysville. [4]

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[January 26, 1909] -

FEDERAL COURT CASES DELAYED BY SMALLPOX

Stearns Riot Hearing Is Held Up By Quarantine of Covington Jail

(Special to The Herald.)

RICHMOND, Ky., Jan. 25.-- A special term of the Federal Court for the Eastern District of Kentucky covened here this afternoon.  Judge A. M. J. Cochran presiding.  After the usual motion hour a petit jury was empaneled to try about twenty-five civil cases.  The suit of J. T. Quisenberry against the American Tobacco Company was continued, while that of the Montgomery Blue Grass Seed Company, of Mt. Sterling, against the Chesapeake & Ohio Railroad Company was set for tomorrow, after which the jury was excused until morning.

Upon advice from District Attorney Tinsley, for the Government, and Golden, for the defense, it was decided not to empanel a grand jury for a few days, to investigate the Stearns riot on Christmas day, as Jesse and Harvey Simpson and Elisha and Oliver Slaven, the four men who are confined in the Newport jail under charges in connection with this riot, are yet under a smallpox quarantine.  It was stated that these men probably would be able to be brought here by the latter part of the week.

Eighteen civil cases against the United States are on the docket, fixed by land owners residing along the Kentucky River, between Valley View and College Hill, who claim damages due to the overflow of water from the river, caused, as they allege, by locks and dams built at and between these points by the Government.

About two hundred witnesses are on hand, in addition to more than twenty attorneys, composing some of the best legal talent in the State.  Dan Mullins, son of Deputy Marshal Mullins, who was killed on Christmas day by miners at Stearns, was today appointed bailiff.  [5]

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[February 6, 1909] -

ALLEGED RIOTERS SURRENDER

Desert Hiding Place in Kentucky Mountains on Advice of Attorneys.

Somerset, Ky., Feb. 6.-- Berry Simpson, Reuben West and George Stanley, who were indicted by the federal grand jury at Richmond last week in connection with the miners' riot at Stearns, Whitley county, Christmas day, surrendered to a United States marshal at Oneida, Tenn.  Two men were killed and several injured in the riot which followed a strike of miners at Stearns.

The three men arrested had been barricaded in the mountains of Scott county since the riot and all efforts of officers to apprehend them proved futile.  They were induced to surrender by their attorney, and will be taken to Covington jail to await trial.  [6]

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[April 15, 1909] -

BERRY SIMPSON SURRENDERS.

Was One of the Principals in the Stearns Riots.

Covington, Ky.-- Berry Simpson, famed as one of the principals in the fight between mountaineers and United States marshals at Stearns, Ky., on last Christmas day, when Deputy United States Marshal John Mullins and Richard Ross, a miner, gave up their lives and several other deputy United States marshals were wounded, surprised United States Marshal Steve Sharp when he walked into the latter's office at Covington and surrendered, announcing that he was ready to stand trial.  He had eluded a dozen secret service officers and United States marshals.  He said: "I came to give myself up to save my two sons.  People said: "Why don't Berry Simpson come in and give himself up?  Until he does it's liable to go hard with his sons."  That's why I am here.  I am afraid of no man.  Why should I be? I have never killed a man. No, not even shot at one."  [7]

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[May 5, 1909] -

STEARNS RIOT CASES ARE PASSED IN FEDERAL COURT

(Special to The Herald.)

RICHMOND, Ky., May 4. -- In the case of the United States v. Berry Simpson, George Stanley and others, implicated in the riots at Stearns, Ky., in which Deputy Marshal Mullins and a miner were killed, the defendant answered not ready in the Federal Court here this afternoon.  Owing to the sickness of Stanley and the absence of some of their important witnesses the case was passed till the second Monday of the July term.  [8]

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[July 22, 1909] -

Berry Simpson, Elisha Slavan, Geo. Stanley, Jess Simpson and Olver Slavan, sentenced to the penitentiary for life in the Federal court for conspiracy and murder in connection with the Stearns riot, were taken to the Atlanta prison.  In addition to life sentences Simpson, Stanley and Elisha Slavan were given 10 years each in prison for disobeying an order of injunction.  [9]

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[November 3, 1911] -

Court of Appeals of Kentucky.

AMERICAN CENTRAL INS. CO.

v.

STEARNS LUMBER CO.

Nov. 3, 1911.

Appeal from Circuit Court, Whitley County.

Action by the Stearns Lumber Company against the American Central Insurance Company. Judgment for plaintiff, and defendant appeals. Affirmed.

*148 Flexner, Campbell & Gordon, for appellant.

J. N. Sharp, for appellee.

HOBSON, C. J.

Early in December, 1908, a strike existed among the employés of the Stearns Coal Company, and it filed a petition in the United States Circuit Court, and obtained an injunction against the striking miners. It was alleged in the petition that the strikers had conspired to destroy the plaintiff's business and property, and were threatening violence to the property of the company and its servants, who were at work. The court granted an injunction as asked. The injunction was disobeyed by one Berry Simpson, and a warrant of arrest was issued against him for contempt of court. The deputy marshal, to whom the warrant was delivered for execution, made a return, on December 14, 1908, in effect that Simpson had a gang of armed men with him, who prevented his arrest under the process; the names of the men being set out in the return. On December 22d, warrants were issued for the arrest of these men, as well as Berry Simpson. On the night of December 24th, a deputy marshal returned to Stearns, for the purpose of executing the warrants. He took with him a number of persons to assist him, and after his arrival there summoned others. Another deputy marshal was also with him; they and the members of their posse were all armed with guns and pistols. On the morning of December 25th, they learned that three of the men they wished to arrest were in the hotel building at Stearns. The marshals and their posse surrounded the hotel; one of the deputy marshals went upon the porch, and was in the act of opening the front door, when he was shot and killed by one of the three men on the inside of the hotel. Shots were then fired, both from the inside of the hotel, by the three men who were resisting arrest, and by the posse on the outside into the hotel. Two of the posse were wounded. This shooting continued for some minutes. There was then a cessation, during which time the woman and children came out of the hotel; the deputy marshal announcing that he would burn the house. The marshal got some dynamite, and attempted to blow it up; but he could not use it, as it was frozen. The shooting from the inside and the outside of the building was resumed, and continued for an hour or two. The deputy marshal then made a fagot, soaked it in oil, which he turned over to a member of his posse, who under his command applied the torch to the building, and it was burned down. While *149 the building was burning, the three men on the inside rushed out; one was arrested, another was killed, and the third escaped. During all the time the three men were inside of the hotel, and while the shooting was going on, there was much excitement throughout the town. Business was practically suspended; several hundred shots were fired; and many persons, on account of the excitement, took refuge behind buildings, or in their own homes. The hotel was insured in the American Central Insurance Company, and this suit was brought against the insurance company by the owner to recover for the loss of the property. The policy, among other things, provided: “This company shall not be liable for loss caused directly or indirectly by invasion, civil war or commotion, or riot or military or usurped power or by order of any civil authority.” The defendant pleaded this clause and the facts above stated in bar of a recovery on the policy. On an agreed statement of facts, the court entered judgment for the plaintiff. The insurance company appeals.

It is insisted for the appellant that the case falls within the rule laid down by us inSpring Garden Insurance Co. v. Imperial Tobacco Co., 132 Ky. 7, 116 S. W. 234, 20 L. R. A. (N. S.) 277, 136 Am. St. Rep. 164. In that case we approved the following definition of ariot: “A riot is a tumultuous disturbance of the peace by three persons or more assembling together, of their own authority, with an intent actually to assist each other against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing same in a violent and turbulent manner, to the terror of the people.”

In that case the property was burned by the rioters, and the loss was caused directly by riot. Here the rioters were the lawless men who resisted arrest, and were secreted in the hotel. They had killed one of the deputy marshals and wounded two of the posse, but they did not burn the house. The house was burned by the order of the marshal. The power of the marshal in such cases is thus defined by statute: “The marshals and their deputies shall have in each state the same powers in executing the laws of the United States as sheriffs and their deputies in such state may have by law in executing the laws thereof.” U. S. Compiled Statutes 1901, § 788.

The power of the sheriff in executing a criminal process is covered by section 4583 of the Kentucky Statutes, and section 40 of the Criminal Code: “In executing a writ of habeas corpus or any criminal or penal process requiring an actual arrest, the sheriff or other officer may break open the outer or any other door of the dwellings or other house of the defendant, or of any other person, if it be necessary to enable him to make the arrest.” Ky. St. 4583 (Russell's St. § 256). “To make an arrest, an officer may break open the door of a house in which the defendant may be, after having demanded admittance and explained the purpose for which admittance is desired.” Criminal Code, § 40.

It will thus be seen that the marshal's power is the same as the sheriff's, and that neither is authorized to burn a building in making an arrest. In Goodman v. Condo, 12 Pa. Super. Ct. 466, the court had before it the liability of a sheriff, in a case like this, for burning down a house in which a felon was secreted, in order to arrest him. The court held the sheriff liable for the loss of the building. It said: “The sheriff in this case does not rely upon any law which required this particular act, causing the damage, to be done, and prescribing the manner in which it should be done. He stands, therefore, just as any other resident of the village in which these occurrences happened would stand, so far as any right to destroy property is concerned. It is true it was his official duty to arrest the felon; but so was it the duty, though not official, of the residents to do the same thing. To enable him to perform his duty, he has been clothed with ample power, for the whole posse comitatus is at his command. He may break open doors in order to follow felons, and, if they are killed, provided they cannot be otherwise taken, it is justifiable, though if they kill him whilst he is endeavoring to arrest them it is murder. Brooks v. Commonwealth, 61 Pa. 352 [100 Am. Dec. 645]. The law, since it has thus invested him with such ample power, has not gone further and authorized him to destroy property when such destruction simply removes somewhat of the danger involved in the performance of his duty. The arrest of a felon is always attended with some danger, but this is an incident of the office of sheriff. Its extent is reduced to a minimum by the great power given to him, but it is obvious that it can not be removed entirely. This burned house did not threaten the life of the sheriff. It was the desperate man within it. It is true the house furnished some measure of protection to the man within, whilst accomplishing his lawless purpose; but its destruction can in no sense be said to have removed a danger which threatened the sheriff's life. So long as the lawless purpose existed, so long was there danger to the sheriff. It is evident, therefore, that the only purpose of destroying the house was to render the arrest less dangerous. In this respect, it was simply an aid to and in ease of the sheriff, and upon principle must be paid for by him. Where he incurs expense or inflicts damage for the purpose of aiding him in the performance of his duties, he is liable personally, unless the law has provided otherwise. Raush v. Ward, 44 Pa. 389.”

The deputy marshal in the case before us had no more authority to set the house on*150 fire than the sheriff in the case cited. The loss of the house was not due, directly or indirectly, to the order of any civil authority; for the marshal had no authority to burn the house. He was not a civil authority for this purpose. The rioters were in the house; the marshal's posse, acting under his orders, were not rioters. The loss of the house was not due, directly or indirectly, to the riot carried on by the men within the house. It was due directly to the wrongful act of the marshal in setting fire to the house without authority. The riot within the house was the occasion of his wrongful act, but the loss of the house was not the proximate result of their unlawful acts. The loss of the house was the direct result of another unlawful act, which intervened between their act and the burning of the house. The unlawful act of the marshal in setting fire to the house was the cause of the loss. It necessarily follows that the insurance company was not released from liability by the clause of the policy above quoted.

Judgment affirmed. [10]


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[March 4, 1913] -

A petition is being circulated for the pardon of Berry Simpson, who was convicted in the Federal Court at Richmond of the murder of United States Marshal Mullins, the crime having been committed on Christmas Day, three years ago, at Stearns, Whitley County.  The prisoner is confined in the United States Prison at Atlanta.  It is said that Messrs. T. G. Barrow and William Willis, of this county, who were members of the jury which convicted Simpson, have refused to sign the petition.  Mullins resided in the edge of Rockcastle County, near the Madison County line, and was a brave and popular official.  He was shot from a window while in the act of calling on Simpson and others to come out and surrender.  [11]

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[December 24, 1913] -

Pardon Asked For Slayer Of Mullins.

Edward Morrow, of Covington, U.S. Attorney for the Eastern District of Kentucky, was in Washington last week to ask the Attorney General to recommend that a pardon be granted Berry Simpson, of Stearns, who is serving a life sentence in the Federal prison at Atlanta on a charge of conspiracy.  Simpson was convicted four years ago in the Federal court of this city, charged with being instigator of a riot at Stearns, in which Deputy U.S. Marshal Jno. Mullins was killed.  [12]

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[1] "United States Marshal Marshal and Miner Killed; Hotel Burned In Fight in Whitley County." Lexington Herald, Lexington, KY. December 26, 1908. Page 1. Genealogybank.com.

[2] "Men Shot Christmas Day Are Interred." Lexington Herald, Lexington, KY. December 28, 1908. Page 1. Genealogybank.com.

[3] "Absolute Quiet Reigns Supreme Now in Stearns." Lexington Herald, Lexington, KY. December 28, 1908. Page 1. Genealogybank.com.

[4] "Blind Tigers Are Held Responsible For Mine Tragedy." Lexington Herald, Lexington, KY. December 29, 1908. Page 1 and 3. Genealogybank.com.

[5] "Federal Court Cases Delayed By Smallpox." Lexington Herald, Lexington, KY. January 26, 1909. Page 3. Genealogybank.com.

[6] "Alleged Rioters Surrender." The Winchester News, Winchester, KY. February 6, 1909. Page 8. LOC. http://chroniclingamerica.loc.gov/lccn/sn86069133/1909-02-06/ed-1/seq-8/

[7] "Berry Simpson Surrenders." The Hickman Courier, Hickman, KY. April 15, 1909. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn85052141/1909-04-15/ed-1/seq-2/

[8] "Stearns Riot Cases Are Passed In Federal Court." Lexington Herald, Lexington, KY. May 5, 1909. Page 12. Genealogybank.com.

[9] Excerpt from "In Neighboring Counties." The Interior Journal, Stanford, KY. July 22, 1909. Page 2. LOC. http://chroniclingamerica.loc.gov/lccn/sn85052021/1909-07-22/ed-1/seq-2/

[10] American Central Ins. v. Stearns Lumber, 145 Ky. 255, 140 S.W. 148 (1911). Retrieved from Westlaw.com.

[11] Excerpt from "Episcopal Minister At Winchester In Charge." Lexington Herald, Lexington, KY. March 4, 1913. Page 2. Genealogybank.com.

[12] "Pardon Asked For Slayer of Mullins." The Richmond Climax, Richmond, KY. December 24, 1913. Page 1. LOC. http://chroniclingamerica.loc.gov/lccn/sn86069162/1913-12-24/ed-1/seq-1/

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