>raia il
TY OF CALIFORNIA
THE.
WHITE GARS
r
A HISTORY OF THE
ORGANIZATION
C~6UNTY
THE
WHITK-CAPS:
A HISTORY
Of the Organization in Sevier County.
E. W. CROZIER, PUBLISHER.
ILLUSTRATED.
KNOXVILLE, TENN.:
BEAN, WARTEKS & GAUT, PRINTURS AND BINDERS. 1899.
Copyrighted 1899. All rig-hts reserved by E. W. CROZIER.
INDEX.
Chapter. I'ag-e.
I. Origin of the Organization 9
II. Plan of Work 14
III. Progress and Growth of the Order 17
IV. The Blue Bills 20
V. Warfare Between the Blue Bills and White-caps . 23
VI. White-caps in Court 29
VII. Crimes Multiply and Increase in Magnitude . . 37
VIII. A Refuge for Criminals of all Classes 42
IX. Decay and Disintegration 44
X. "A Daniel Come to Judgment" 52
XI. Some of the Results which Followed White-cap- ping in Sevier County 59
XII. Thomas H. Davis 69
XIII. The Murder of Bruce Lewellen 81
XIV. The Murder af Eli Williamson 84
XV. Battle near Henderson's Springs 86
XVI. The Murder of Tom Gibson 93
XVII. The Murder of Aaron Me Mahon 98
XVIII. Capture of Green and Hendricks 109
XIX. Capture of George Thurmer 115
XX. The Murder of William and Laura Whaley . . .118
XXI. Molly Lillard Whaley (poetry) 133
XXII. Trial for the Murder of Laura Whaley 136
XXIII. Trial for the Murder of William Whaley . . . . 142
XXIV. Pleas Wynn 145
XXV. J. Catlett Tipton 148
XXVI. W. R. Catlett 157
XXVII. M. F. Maples .' 165
XXVIII. The Robbery of John Burnett 170
XXIX. The Robbery of Andrew Henderson 176
XXX. Whipping of Mrs. Mary Breeden and Her
Daughters 180
XXXI. Retributive Justice , 191
XXXII. Detectives Reeder and McCall 197
XXXIII. Trial of W. R. Catlett 199
446071
ILLUSTRATIONS.
Page.
Judge T. A. R. Nelson 40
Attorney General E. F. Myuatt 56
Deputy Sheriff Thos. H. Davis -72
Assistant Attorney General R. E. Mynatt 88
Green and Hendricks 107
Cabin on the Wynn Farm 123
Scene of the Murder 128
Molly Lillard Whaley . 133
Laura Whaley 137
Lizzie Chandler 139
Pleas Wynn 145
J. C. Tipton 148
Sheriff M. F. Maples 168
Detective C. W. McCall 184
Detective C. A. Reeder . . 2co
PREFACE.
The pages of this book have been written, some of them by active participants in the scenes herein portrayed, and others by persons who were in a position to obtain, in detail, accurate and reliable information.
This book is the first advance made in this section of the country by the hardy sous of toil on the reading public, and its capitulation may be looked for if the public should prefer facts revealed in the plain, uncouth garb of an unstudied dialect rather than smooth, flowing sentences and well- rounded periods of glittering generalities based on false or imaginary premises.
The fondness of the people for reading, aided simply by a rudimentary education, is developing a common ability to express in a few plain words the thoughts in our minds. And, everything considered, having something to write about is, after all, of more importance than the manner of writing it.
The hardy mountaineer, whose life is spent wrestling with the forces of nature and who comes in daily contact with nature's works, may have ideas, though in a crude state, of more intrinsic value than he who knows only the artificial life of the city and the intrigues and turmoils of an artificial humanity which
" * Never uses God's name except for gain, And therefore never takes His name in vain,''
and which finds that philanthropy converted into five per cent, bonds is a paying investment.
Crime in the country, to a great extent, is the result of unrestrained natural propensities— the animal in man — while crime in the city, in too many cases, is the fruit of minds diseased by pampered living and a false education, which
"* Hamper and entang-le onr souls and hinder their flig-ht upwards."
While some chapters in the present volume contain harrow- ing scenes of savage cruelty, affording us a glimpse into the
6 THE WHITE-CAPS.
depths of human depravity, others exhibit those inate quali- ties of love, mercy and truth which are slowly but surely civilizing man and which are our only shield and protection against the demon of evil in our nature. Especially is it shocking to the moral sense to recognize the fact that the cruel deeds herein related were committed in behalf of and for the sake of "good morals."
We are taught the valuable lesson that the injunction, "Judge not, that ye be not judged," 'should be as strictly observed, as the commandment, " Thou shalt not commit adultery" ; for only "He that is without sin among you" is privileged to " first cast a stone."
Every citizen should obey the law, no matter what its defects or imperfections, until, by the exercise of the elective fran- chise, he can remedy those defects or imperfections through the properly constituted authorities ; above all, should he take care that the authorities themselves are capable, cour- ageous and law abiding.
Of the many defects in our civil law, the " law's delay " seems to be the most exasperating to the good citizen ; yet experience and observation teach us that all law, both human and divine, move along with a mysterious tardiness that puzzles our com- prehension, unless it be that deliberation is an essential requisite of perfection.
Thousands of years have passed since the foundations of the earth were laid, and it is not yet completed. Nineteen hundred years ago the herald angels shouted the glad tidings, " Peace on earth ; good will toward men ; " yet there is no peace, nor has been all these years, and " good will toward men " is not the universal rule, though it is encouraging to note individual exceptions.
A perusal of the following pages will confirm once again the many proofs in the annals of human affairs that organi- zation, no matter what its character, rather retatds than expe- dites the object and purpose of law, if that object and purpose be clemency and justice, based upon righteousness and truth.
If any organization is necessary to strengthen the weak against the strong, the few against the many, the good against the bad, it is only a question of time when the strong, the
THE WHITE-CAPS. 7
many and the bad will dominate and control that organization, and thereby enslave those who originated it.
In reality, it is the individual who improves and advances; and society keeps pace with his improvement.
The individual furnishes the brains of the world : indi- vidual effort does the work of the world. Organization man- acles his will power, retards his efforts and places a padlock on his mind.
These thoughts have been suggested and are supported by the facts detailed in this book.
A few good citizens of Sevier county, desirous of ridding the county of a certain lawless element, and disgruntled at the dilatoriness of legal methods, determined to take the law into their own hands, and by summary punishment eradi- cate the crime or exterminate the criminal. This desire led to the formation of the order called "White-caps."
The object of this organization made it popular with some of the better element, who aided and abetted the movement.
But, lawless in its inception, it was soon dominated by the lawless element against which it was formed. The good citizens, instead of restoring law and order, became the servants and tools of disorder and mob violence.
After two years of white-capism another organization was formed to " down" the " White caps," called " Blue Bills."
For one year longer, the warfare waged between these two factions kept the county in a continual state of fear and frenzy. Lawlessness was rampant. The administration of justice was a farce. The execution of the law seemed impossible.
Finally the efforts of a single individual, brave, indefatiga- ble and prompted only by a sense of duty, adopting legal methods and sustained by a fearless judge and district attor- ney, accomplished what two organizations failed to do — re- stored good order and re-established the supremacy of the law in the good county of Sevier.
It is to the individuality of such men — men of character, courage and convictions — that the United States owes her greatness, society its progress and man his advancement.
THE PUBLISHER.
Signs and Oath of the White-cap Organization.
Passing the right hand over the right cheek indicated " I am a White-cap." Passing the left hand over the left cheek answered, "So am I."
Subsequently the following signs were substituted : The challenge sign by placing the right forefinger on the tip of the chin, and answered by placing the left forefinger on the chin.
THE OATH.
I do solemnly swear before God and man that if I reveal anything concerning our organization or anything we may do, the penalty shall be to receive one hundred lashes and leave the county within ten days or be put to death. Now I take this oath freely and voluntarily, and am willing to abide by the obligation in every respect. I further agree and swear before God that if I reveal anything concerning our organi- zation, I will suffer my throat to be cut, my heart to be shot out and my body to be burned ; that I will forfeit my life, my property and all that I may have in this world and in the world to come : So help me God.
THE WHITE-CAPS.
CHAPTER I.
ORIGIN OF THE ORGANIZATION.
White-capping has become a part of the history of Sevier county, and the man who would undertake to write a true history of the county, without devoting at least one chapter to this subj'.ct would be guilty of an omission unpardonable in the writer.
We do not propose to write a history of the county, but in as much as the following chapters in this book are all more or less connected with and traceable to this wicked and lawless organization we deem it proper at this juncture to give a brief history of it.
White-capping had its origin in Sevier county with a class of people whose intentions were good ; and while they knew it was a violation of law, they persuaded themselves that it was, to say the worst of it, only a mild violation, and a pardonable step to take, in order to right an existing evil.
In Sevier county, like; all other counties, there are citi/.en,s, whose morals aretn,otas good as they ought to , be; men and women whose habits are lewd and who live adulterous lives. It is always unfortunate for any community to number among its citizens persons of this character. And while it is and has always been a violation of law, in Tennessee for people to live in adul:
10 THE WHITE-CAPS.
tery, yet that 'law has not always been efficacious in protecting the good and punishing the bad. The evil- doer seeks in every way to evade the law and conceal his deeds from those who are likely to be called upon to testify against him. In this way the law is cheated. Indictments if found are not sustained; the guilty go unpunished and society suffers. In this regard' Sevier county has not been an exception.
About the year 1892, certain communities in Sevier county had become infested with lewd characters whose conduct was very obnoxious to the good citi- zens, and after repeated, but unsuccessful efforts by le- gal methods to punish these evil-doers in the courts, the good citizens became disheartened, feeling that the law was not furnishing that protection to society that it should. Thereupon certain persons, with good inten- tions, but mistaken judgments and more unwise than they then thought, began to discuss the advisability of getting rid of the immoral characters above referred to by some other method than through the courts — the only legal channels.
After some consultation and discussion among a few persons, who, if not the best citizens, were neverthe- less, recognized as law-abiding men, an agreement was reached to notify in writing such immoral characters as they wished to get rid of that they must leave the community within a certain time or they would be pun- ished by a severe whipping laid upon their backs with hickory withes. The notices were accordingly given by posting them upon the doors of those to whom di- rected and signed "White-Caps." Often, and gener- ally, a bundle of hickory withes was also deposited at
THE WHITE-CAPS. II
the door or about the house, as an additional warning of what might be expected to follow, if the notice should be disregarded.
About the date above referred to, after similar no- tices had been given to some lewd women living in Emert's Cove in the upper end of Sevier county, which notices had been unheeded, the first White-cap raid was made. Some half dozen women were whipped by masked men and notified to quit the community at once or like punishment would follow with increased severity. Most or all of said women did leave and went to Knoxvile and other places, and the good people of Emert's Cove felt that it was a happy riddence. They spoke approvingly of the act, thinking little of the in- fluence that such an attempted correction of evils would ultimately have in the community.
So on the surface there seemed to be a wave of ap- proval of the first effort at White-capping in the county, and those who were engaged in it felt emboldened to take a second step. But after several raids had been made, and lone and unfortunate women whipped and driven from their homes at night, some with little children, there at once arose a feeling of resentment and oposition to this method of administering punishment even to those who were known to be living in violation of law and whose example was detrimental to good society. And the boldness and brutality which at- tended some of the whippings soon brought prosecu- tions against suspected persons. Generally these prosecutions were commenced before justices of the peace. By reason of the fact that the White-caps went masked, it was very difficult to identify them with any
reasonable Certainty, but occasionally one of the parties charged would be bound to court.
As the opposition to this new method of kukluxing increased, those engaged in it felt that they needed greater security from detection, and if detected or charged with any of the offences they would be in greater need of those who would stand by and help them make their defences in the courts. Hence an or- ganization was formed, known as the White-cap or- ganization for their better protection, offensive and de- fensive. While the writer does not know what were the provisions contained in the constitution and by- laws of the organization nor whether, in fact, they had any written code of laws, yet it is known that they did have certain rules and regulations which were to gov- ern and control them.
Of course it was intended to be, and was so tar as they could make it, a secret organization. Regular initiations took place for new membership into the mystic order. One of the chief features of the order was the iron-clad oath, or obligation that the member took upon himself when he joined. It was adminis- tered under solemn and even threatening circum- stances. When a person wanted to join he gave his name to one who was known to belong to the order, who proposed his name. The time and place of initia- tion was fixed and the applicant informed. At the ap- pointed time and place, which was always at night and generally at the home of some White-cap the would-be member was duly catechised by the "Chief Mogul" or "High-Cockilorum" of the order as to his fitness for the duties which a member of so important an order
THE WHITE-CAPS, t$
and the hazardous undertaking in which he was about to embark, required. If after examination he was found worthy, he was then told to stand up and let the oath be administered. The applicant would then be im- mediately surrounded by members of the order with drawn pistols, two of which would be cocked and pre- sented at his breast while the oath was being adminis- tered. After this the right hand of fellowship was ex- tended to the new made brother, and he was pro- nounced a full-fledged member.
While the exact wording of the obligation has never found its way beyond the secrets of the order, yet some of its provisions have become well known. For in- stance, the oath bound them tq stand by the order, and each and all of its members and to never make known by word, sign or token, any of the secrets of the order under penalty of certain death. If any member violated his obligation or betrayed the order or any member thereof or gave information of any of their movements or raids, then two of the members of the organization were to be selected by lot whose duty it was, under their oath, to put the "traitor" to death. Some of the mysterious murders which afterwards occurred in Se- vier county are traceable to no other source and can be accounted for in no other way, as will be seen by read- ing some of the succeeding chapters of this book.
CHAPTER II.
PLAN OF WORK.
After a regular organization had been effected in the county the White-caps felt that they were now much more secure, if not entirely protected, in their midnight work. The whipping of men and women became more common. The order grew in popularity and member- ship until it had invaded several of the districts and sections of the county, chief among these places were the Flat Creek section, in the northern part of the county, Catlettsburgh vicinity, Pigeon Forge com- munity, and especially much of the county surrounding Sevierville, the county seat. This territory includes some of the richest portions of the county whose citi- zens hitherto had been known to be not only the most prosperous and comfortable in their homes, but the most law-abiding in their walks. Even the little town of Sevierville located in the very heart of the county at the junction of the two Pigeon rivers, surrounded by the wealth and culture of the county, became the very hot-bed of White-capism before its decline and disin- tegration. Some of the leading spirits of this faith and order lived in that quiet little town, and it was at their homes that many of the most noted raids were planned.
It seems that in the organization of the White-cap- pers, and in planning and laying out the work it was designed to do, there were two classes formed: one known as the "raiders" and the other the "supporters."
THE WHITE-CAPS. 15
Members of the former class, as the term implies, were to make all raids, d6 the whipping, and perform all the duties attended with danger. While members of the latter class who were often men of property and stand- ing in their community, were to make bonds for those who got into trouble and hire counsel to defend them in the courts. In this class it is said and generally ad- mitted, that many of the wealthiest and best known citizens of the county were included.
There is one thing certain and that is, not one who was arrested and arraigned on the charge of White- capping ever failed to give bail. Bondsmen were al- ways present and waiting to give aid and comfort to the White-capper in his hour of extremity ; no matter how poor the prisoner or what his character, the bond was forth coming.
Another interesting feature in the history of White- cap prosecutions in Sevier county is that no case is known where a White-cap ever deserted his bonds- men. Some who feared detection fled the country to avoid arrest, but when once charged and put under bond the White-capper was true to his backers and true to his oath.
The purposes and plans above outlined strengthened White-capism and gained for it a foot-hold which has given Sevier county an unenviable notoriety: and which for strength of organization and boldness in the execution of its purposes, and perpetration of crime, has had no parallel perhaps in the United States.
It is the purpose of this book, in the succeeding chap- ters, to give some of the history and workings of this organization. But as it is a secret organization, as the
1 6 THE WHITE-CAPS.
writer is not and has never been, a member of the or- der, and as no member of the order has yet exhibited a wilingness to reveal the secrets of the order to us, we have not in our possession as much informa- tion in detail as we would like to have nor as much as is necessary to give an entirely accurate history ; yet we can safely vouch for most of the facts herein related, as being substantially true ; as much so indeed as the or- dinary history.
CHAPTER III.
PROGRESS AND GROWTH OF THE ORDER.
We have briefly outlined in the preceeding chapters the origin of White-capping in Sevier county together with its plans and its purposes, as well as the character of the men who gave it their sanction and influence in its incipiency.
We have also seen how the idea of reforming a cer- tain class of people of unlawful methods, grew and spread from the crude notions of a very few men in a single locality, until it had gained a stronghold in the minds of many good citizens, and culminated in an or- ganization whose baneful influence threatened not only the whole of Sevier county but adjoining counties.
Now that the practice of White-capping in Sevier county is a thing of the past and that the organization has gone to pieces, the good people of that county won- der how it was possible that such a condition of affairs should have ever existed, yet covering the years from 1892 to 1896, it grew and prospered till it almost domi- nated public sentiment.
Courts became powerless to execute the law, the province of juries was invaded and justice throttled; popular elections were controlled by White-caps be- ing installed in high places. At one time it was really popular in Sevier county to belong to this well known organization. Candidates for high offices courted it for its influence in approaching elections and it is
1 8 THE WHITE- CAP$.
claimed that many became actual members when as- sured that such a step would bring to their support the solid vote and influence of the order.
Indeed this sentiment had grown and had become so popular that it could not be confined by county lines, and adjacent parts of Jefferson and Blount counties became infected with the virus that was poisoning and destroying the very life and good name of one of the best counties in East Tennessee.
Its membership was extended into districts north of the French Broad river and thence into Jefferson county where many depredations were committed by roving bands of these night prowlers migrating from one county into the other.
The organization reached its zenith of popularity and strength in 1894; the whipping of men and women were of frequent and almost nightly occurrence, and yet the perpetrators of these cruel deeds daily walked the public high-ways and even the streets of their towns unapprehended and unpunished.
But White-capism was destined to have opposition. It could not be otherwise. It was founded on a wrong principle; its deeds like the hours of their execution were dark and so cruel they could not be defended.
Many who at first gave it their sanction and silent if not active support now saw their mistake and with- drew their influence. It began to loose in public favor. Irresponsible men had worked themselves to the front and took charge of affairs. Men not only of bad habits generally, but men whose lives were polluted with lewdness and adulterous living had assumed the role of reformers and were heading midnight mobs which
THE WHITE-CAPS. 1 9
cruelly beat and in some instances killed persons be- cause it was suspected that they were not living vir- tuous lives. Persons thus punished were no worse, but often, were much better than those who had arrogated to themselves the right to reform all who chanced to violate either the civil or moral law.
While there was much opposition in sentiment and feeling to White-capism in its progressive stages, yet it was only a feeling or sentiment. Many were afraid to talk out against White-capping, for fear of being pun- ished for his expression of opinion. Many persons who freely expressed their opinions unfavorable to such lawlessness, were promptly notified that they would be visited and whipped if such talk was repeated. Some were actually whipped for no greater offence than expressing disapproval of White-capping. Is it any wonder then that an organization of such proportions and with such bold and avowed purposes should be- come a terror in any community?
CHAPTER IV.
THE BLUE-BILLS.
There was very little to impede the progress of White-capping in Sevier county until an opposition was formed known as the organization of the "Blue Bills." Not very much is known about this band further than its object was to thwart and put down White-cap raids. It is said, however, to differ from the White-cap organization in this, that it had no con- stitution or by-laws, no officers, and administered no oath or obligation, and they never wore masks when on their raids.
It was composed of men stoutly opposed to the other organization ; some from good motives and others no doubt from selfish views. The former desired to put down White-capping because it was a crime ; the latter because the White-caps had either threatened them or some of the immoral women of the county with whom they had been associated and had agreed to defend against the White-caps.
It was the purpose of the Blue Bills to find out what particular night, (their raids being always made at night) the White-caps were to make a raid, and the par- ticular person or persons to be attacked. This point accomplished the Blue Bills then notified their mem- bers who were thoroughly armed with shot-guns and Winchesters, to be ready to march against their enemy at the designated time and place.
THE WHITE-CAPS. 21
Several sharp engagements thus occurred between the White-caps and Blue Bills in some of which men were killed and wounded. The White-caps also went armed and it was understood that when they met it meant fight or run. It will thus be seen that both of these organizations were acting without sanction of law, and that one was about as revolutionary in its character as the other. The Blue Bills, however, gen- erally claimed to either have an officer of the law with them, or one deputized by proper authority, to arrest all White-cap raiders and prevent them from carrying out their plans.
Dr. J. A. Henderson, now dead, a brave and fearless man, was said to be the organizer and leader of the Blue Bills. He was recognized as an uncompromising enemy of the White-cap raiders and was always on their track. Being shrewd and cunning, he was ever on the alert. Many times it is said they planned to make a White-cap raid upon his home in the town of Sevier- ville for the purpose of capturing him and punishing him if not to take his life. But as often he caught on to their plans, marshalled his own Blue Bill forces, met his would-be captors on the way and put them to flight.
Notwithstanding Henderson was a terror to the White-caps for about two years, and they were endeav- oring to capture and punish him during all of that time, yet he foiled every attempt, owing no doubt to the fact that he had a spy in the White-cap camps who kept him informed of their movements. Being a man of large means he boldly went into the White-cap camps and hired one of their number to betray them into his hands.
22 THE WHITE-CAPS.
The number of White-caps in Sevier county has been variously estimated to be from six hundred to fifteen hundred, while perhaps there never was more than two hundred Blue Bills at any time.
There are two reasons why Henderson and his raid- ers were never captured and punished by his organized pursuers. First, he was a much shrewder warrior than they were, and knew almost their every movement. Second, he and his band were much better armed, and known to be as brave as Julius Caesar, and would there- fore die before they would surrender or be punished with the lash.
As before stated Dr. Henderson lived in the town of Sevierville, as did several of the leading- White-caps. They would pass each other upon the streets and high- ways during the day, but when night came on there was but little travelling alone — every man who had joined either band retired within the barricades.
The first White-cap depredations were committed in the outlying or remote districts of the county. But the organization as well as their nightly performances, gradually moved toward the center of the county, and after the Blue Bills were organized against them, Se- vierville and the surrounding territory -for four or five miles became the battle ground of this most novel war- fare.
CHAPTER V.
WARFARE BETWEEN THE BLUE-BILLS AND THB WHITE- CAPS.
While the majority of the people of Sevier county never actively participated with either one of these or- ganizations in their struggles for supremacy, knowing that both were acting in violation of law, yet it seemed that they were powerless to restore order either by their influence or through the machinery of the courts. Many sympathized with the Blue Bills, because they thought any force which offered itself might be permitted to put down the White-caps, others took side with the lat- ter organization for one reason or another. And thus it was the people of Sevier county for several years were between "the devil and deep blue sea," not knowing where to go or to whom to appeal for protection. Peo- ple were attacked and whipped in their homes, dwell- ing houses and barns were burned, citizens were shot down in their houses and on the high-ways — indeed a reign of terror prevailed.
When we consider the character of the two organi- zations— White-caps and Blue Bills — and the bitter en- mity which existed between the two, the wonder is, that more of them were not killed or wounded.
To show the animosity existing between these two belligerent forces we will refer to some of their military movements and the hair-breadth escapes in engage- ments and in avoiding engagements.
24 THE WHITE-CAPS.
It is safe to say here that the White-caps, though greatly outnumbering their enemy, were never anx- ious to meet them in actual conflict. Many of the White-caps were arrant cowards while they all knew the fearless character of their foe.
At one time the Sevier county White-caps had planned a raid into Jefferson county for the purpose of whipping an old man by the name of Jenkins, who it was said was living with a woman not his wife. The night was fixed and everything agreed upon. Hender- son learned that the raid was to be made on Friday night. He hurriedly notified a number of his followers, and, armed to the teeth they stealthily slipped to the place — Douglas' Ferry — where they were to cross the French Broad river. They there waited in hiding for them till a late hour in the night, but no White-caps came. But the very next night — Saturday— the raid was made. A large band of White-caps crossed the river at this identical place, proceeded to the house of Jenkins and demanded entrance. On being refused they undertook to break in and were fired upon by Jen- kins, who in turn was badly wounded by a gun-shot from the band. He was then captured, taken and given a severe beating and warned to flee the country.
The victors then retraced their steps and recrossed the river at the same place. There is no doubt that if this raid had been made the night before the White-caps would have either been captured or a battle would have taken place in which several lives would have been lost. It was only averted by a misunderstanding of the time the raid was planned.
THE WHITE-CAPS. 25
It is known that at least one of the White-caps was wounded on the Jenkins raid as considerable blood was left on the ferry boat that carried them over the river on their return. This was caused by a shot from Jen- kins' gun. The wound is not supposed to have been serious as nothing more was heard of it. The White- caps had their physicians who were always ready to ad- minister to their sick and wounded.
At another time the White-caps planned a raid on either Henderson himself, or some other parties in the town of Sevierville. Henderson through his spy in the White-cap camps, learned of this movement and made ready for them.
They were to approach on the east of the town com- ing down the river road.
Immediately after dark the Blue Bills were summoned and with their leader at the head they moved up the river and concealed themselves behind fences and trees to wait the approach of the enemy. They had ar- ranged themselves into two divisions, one some two hundred yards above the other. The public road that the White-caps traveled ran close to the river bank, and the plan was for one division to intercept them in front and when they wheeled to run, the other and upper di- vision was to close in on them from the rear, and thus capture them. In this way there would have been but little hope of escape from either a capture of the White- caps or a bloody conflict. If they had attempted to cross the river they would have fell easy victims to the Blue Bills' deadly Winchesters while another chance of escape would have been through the open fields in the opposite direction which would have left them equally
26 THE WHITE-CAPS.
exposed. On this occasion there was no misunder- standing, or misinformation. The Blue Bills were lying in wait and the White-caps came marching in. But just as the latter were approaching within a few steps of the first band arranged on their route, they spied some of the Blue Bills and instantly wheeled an fled pell-mell up the river.
The purpose of the Blue Bills being to capture the "White-caps, and not to kill them unless in case of re- sistance and conflict, they did not fire on them except perhaps a few shots to frighten them.
About two miles up the river above Sevierville the hills close in toward the river, leaving only the width of the road, which is dug out of the hill, along which peo- ple may travel. Across the road at this narrow point there is a deep ravine or hollow through which a branch runs and over which there is a wooden bridge. There is no way to pass this point in the road except over this bridge. The White-caps in their raids often'passecTEHis place.
The Blue Bills were informed that on a certain night they would make a raid and would pass over this bridge. So Henderson and his men arranged for an attack on that night.
The plan was to take up the bridge floor and then way-lay and attack the White-caps near that point so as to cut off all other means of escape except over the bridge. This was accordingly done, and all the other arrangements made necessary to carry out what would seem to be a well laid scheme. But fortunately for the White-caps they either did not make their anticipated
THE WHITR-CAPS. 27
raid that night or scented their sleepless pursuers and changed their route.
It is unnecessary to say that a stampede caused by an attacking party from ambush along a narrow road like that described, would have been disastrous, and before the death trap could have been discovered horses, riders and all would have been thrown headlong into the vortex.
It is almost incredible, yet it is true, that while these two bloodthirsty bands were on each others trail for over a year, only one actual engagement took place between them, which occurred near Henderson Springs when Helton Latham and Keeble were killed, a full ac- count of which is fiver, in a succeeding chapter of this book.
What occurred in that conflict which lasted but a few moments, shows the deadly purpose that each had in view when they started on their raid that night. But for the fact that the meeting of these belligerent parties was premature that night, a dozen men instead of three doubtless would have been picked up dead from the battle ground next morning. As stated the meeting that night at the particular time and place, was unex- pected. Th*: White-caps had not all arrived but were coming in from the adjacent hills, while the Blue Bills were on their way to where they supposed would be the real battle ground. Be this as it may at least some of the parties met on that fatal night, and laid down their lives in a most tragic way, thereby adding a new chap- ter to the history of Sevier county.
This fatal occurrence put a quietus on White-capping for a time. It occurred about the first of November,
28 THE WHITE-CAPS.
.1894, and no White-cap outrages occurred until about April of the next year. Dr. Henderson, the leader of the opposition, was assassinated in his house soon after, but his death was attributable to other causes not necessary here to relate. It is not thought that the White-caps or the Blue Bills, as such, either had anything to do with it, but. the former greatly rejoiced to know that their old enemy and pursuer was dead. The following spring after his death new outrages broke out, but the Blue Bills dici little or nothing to impede their progress.
CHAPTER VI.
WHITE-CAPS IN COURT.
The history of White-capping in Sevier and adjoin- ing counties is one of lawlessness and outrages. From the year 1892 to 1897, it held sway. One crime fol- lowed another in quick succession. The people lived on excitement as it were. They retired to their homes at night not knowing but wondering what a new day would bring forth.
During the reign of terror that these midnight ban- dits introduced into that peaceful community no part of their history is more interesting than that which con- nects them with the courts.
They seemed to recognize the fact in the out set, at least in their organization, that their mission was one of crime and that prosecutions were certain to follow in their footsteps. With this in view they took every pre- caution to hide their identity and defeat all prosecu- tions, and no part of their work was more successfully accomplished ; for during six years, from the origin of the organization in 1892 until 1898, not a single mem- ber of their order suffered the penalty of the law.
Many indictments were found, but in almost every instance they were successfully defended.
In 1892 or 1893 Sam Lanning, charged with whip- ping one Wyatt Hill, was tried, convicted and sen- tenced to a term of ten years in the penitentiary. He
3O THE WHITE-CAPS.
appealed his case to the Supreme Court and secured a reversal, and on a second trial was acquitted.
Newt. Green and West Hendricks, who are now serving a twenty years sentence in the penitentiary, are the first members of this organization to suffer the pen- alty of the law for their crimes. They were charged with the murder of Aaron McMahan, convicted and sentenced as above stated, which sentence, on appeal was confirmed by the Supreme Court on the 18th of November, 1898.
Pleas Wynn and Catlett Tipton were convicted for the murder of the Whaleys (a detailed account of which appears in a subsequent chapter of this book) and on appeal to the above mentioned term of the Supreme Court were sentenced to expiate their crime on the gal- lows the fourth day of January, 1899.
Likewise the Spurgeon boys, charged with whipping some old woman up in the mountains, have been con- victed of the charge, but appealed and now await the action of the Supreme Court.
All of these convictions in the lower courts, if we are correctly informed, except in the Lanning case, oc- cui*rtd in 1897 and 1898, after a revolution in public sentiment had come and a new order of things, at least partially, restored.
In the palmy days of the White-caps they were pre- eminently a success in the courts.
To the casual observer it is difficult to understand the secret of their success. In the remaining part of this chapter therefore, we shall endeavor to give the reader some insight into this part of their history.
THE WHITE-CAPS. 31
In the outset the White-cap realized that his mission was a violation of law and that, if detected, he would be punished. Therefore it vvas decided that in their crimi- nal practices their faces should be covered with masks so that their identity would be concealed. They accord- ingly prepared white rags, large enough generally to successfully cover the face and head with small holes cut for the eyes, nose and mouth. These cloths were tied on the head with strings in a way to make them se- cure and were worn on all their raids. They sometimes wore an ordinary hat, but more generally some kind of cap made of white goods, hence the name "White-cap." They also had regular White-cap suits, but these were made in different styles. Sometimes after the fashion of men's suits, and sometimes large loose gowns more like women's apparel. At other times they would wear their ordinary clothing, perhaps with an overcoat turned inside out, relying mainly on the mask over the fare to save them from detection. In this manner the White-caps made their raids, whipped or otherwise punished their victims and returned home.
These raids were always made in night time ; doors of houses were suddenly battered down, the inmates aroused from their slumbers, dragged from their beds and generally with but little light surrounding them, cruelly whipped and left bleeding on the spot.
It requires no further argument to convince the reader that under circumstances like these, it is difficult if not impossible to identify the attacking parties. In such an ordeal one would not likely recognize his near- est and best known neighbor.
32 THE WHITE-CAPS.
While no one but the White-caps themselves knew absolutely who belonged to the clan, yet nearly every one had a general idea who they were and when a whip- ping occurred some particular person or persons were usually suspected of doing it. If the persons punished or any one else who was present showed a disposition to identify the parties, warrants were sworn out and the suspected White-caps arrested and taken before some justice of the peace.
Sometimes the evidence would warrant a committal to court and sometimes not. If the defendants were bound over to court they promptly gave bond and when circuit court met they were prepared to prove their in- nocence.
We are informed that the White-cap always relied upon two defences : First, the failure of the witnesses for the prosecution to identify him. Second, an alibi.
The state had to show that they were masked to make out its case, under the kuklux law. If masked then who could tell who they were, beyond a reasonable doubt? In some instances the witnesses would claim to recog- nize the defendant by his voice, but in almost every case, the witness would also claim that the defendant changed his voice so as not to be detected. Then de- fendant's counsel would argue that if the voice was counterfeited how could the witness testify that it was the voice of any particular person, however well known to them by their natural voice?
If a case ever got to a court or jury, these two de- fenses alone were generally sufficient to obtain a ver- dict of acquittal.
THE WHITE-CAPS. 33
The White-caps, not being without smart and bold leaders, believed in the old adage that "an ounce of preventative is worth a pound, of cure." They therefore set about to devise ways and means whereby they could prevent indictments from being found. To do this they invaded the county court and it is said won over to their cause several of the jus- tices of the peace who composed that honorable body. This body appointed the jurors for the circuit court. In this way a number of White-caps always succeeded in getting on one or both of the juries. If they got on the grand jury, the White-caps were happy because they felt sure no indictments would be returned against any of their number. But if per chance a true bill was found then they relied upon their friends on the regu- lar panel of the trial jury or those who may be selected to serve on it in the usual way.
The White-caps were sworn to stand by their friends and they did it. If one was a grand juror, it meant as a rule no true bill ; if on the trial jury, it meant either an acquittal or a hung jury.
They did their work and did it boldly. While the grand jury was sworn to secresy in all matters pertain- ing to the grand jury room, yet the White-caps knew everything that was going on in that body. When a bill of indictment had been acted on, it was signaled to their friends on the outside who knew all about it before it was reported into open court by their body. The se- cresy and sacredness of the grand jury was thus taken away and the country at large turned over to the mercy of the bold and reckless men who in so short a time had demoralized society, controlled elections, manipu- lated juries and wrecked courts.
34
THE WHITE-CAPS.
The White-caps were fruitful of resources when a friend was on trial or in trouble ; they never lost hope nor ceased to work. When one of their number was to be put on trial, not only the court house but the town was full of these sign makers. When the officer went to summon the jury, if he was a White-cap himself he could of course do the decent (?) thing and soon find a panel of good (?) and lawful (?) men. If the officer was not a White-cap then while he would know or suspect some of them he did not know all of them and was certain to get some of the faithful (?) on his list. Then while the jury was being empanneled some one of the White-caps who had already had a conference with the defendant's lawyer was stationed at a convenient place, and knowing all who were either White-caps or White- cap sympathizers, he would by some sign or token indi- cate to the defendant's attorney whether to take him or not.
These methods were invariably adopted in every trial, and it is said that it was next to impossible to em- panel a jury in Sevier county during the reign of White- capism without getting one or more White-caps on it, and for this reason next to impossible to convict a man charged with White-capping.
The foregoing is not all that the State prosecutor had to contend with while fighting a battle against White- caps in court.
As stated in a former chapter the White-caps took an iron-clad oath when they joined the order. This oath bound them to stand by each other under all circum- stances and that without equivocation. They were to stand by them as jurors, and as witnesses. They re-
THE WHITE CAPS. 35
garded the oath that they took as a White-cap, as stronger and more binding than the oath they took upon the Holy Evangelist, to tell the truth, the whole truth and nothing but the truth. So when the two oaths came in conflict, the latter always went down. When it was necessary to save the life or liberty of a brother in jeopardy, no White-cap regarded the oath that he took to tell the truth. Hence it was always easy to find witnesses to prove an alibi for a White-cap charged of any offence. He was always at home or at some other place with enough of his clan to prove his innocence. He was a very poor lawyer who could not secure an acquittal of his client when backed by the White-cap organization in its palmy days.
The White-caps not only came into court with their own suborned witnesses, but they intimidated state witnesses by threatening them with vengeance if they dared to go into the courts and testify against them. Some persons actually left. the state to avoid being summoned and forced to testify against White-caps.
There is no doubt that some of the foul murders committed in Sevier county by White-caps, were com- mitted because of what their victims had already sworn or what they were expected to swear. These were ob- ject lessons that were calculated to stagger the stoutest hearted and make them tremble with fear, even in a court of justice.
Under circumstances like these, is it any wonder that the White-caps promulgated their rotten theories, that they went unwhipped of justice and the good people suffered?
36 THK WHITE-CAPS.
While this lawless organization was generally known and recognized as "White-caps," yet for reasons appar- ent hereafter, they changed their name from that of "White-caps" to "Grave Yard Hosts." They endeav- ored, however, to keep the latter name as a profound se- cret. The reason for this change was this : When a White-cap case was in court the defendant and 'wit- nesses were always interrogated about White-caps. He was asked if he was a White-cap? If he ever joined them? If he was ever on a White-cap raid, and all such questions, which he promptly answered in the nega- tive, and which literally speaking, at least from his stand-point, was true, because he had not joined the -White-caps, but the "Grave Yard Hosts."
Hence this furnished a loop-hole for such as had any regard for their oath to crawl out at, if ever arraigned for perjury. No doubt for the same reasons, they had other names that they went by, and were sworn in by. But the organization went by the name of White-caps, and when spoken of they were always referred to by that name.
CHAPTER VII. CRIMES MULTIPLY AND INCREASE IN MAGNITUDE.
Crime and wrong-doing is always progressive, and will increase and spread in its influences in proportion to the encouragement it receives. Whenever it be- comes popular in any community to violate the law, it is not necessary to stop to discuss the question as to whether or not crimes will be committed in that com- munity. It follows as a natural consequence.
When White-capping became popular outrages were frequent.
As stated elsewhere, the original purpose of White- capping was to administer punishment to a class of peo- ple who lived in adultery and kept disorderly houses in the community where they lived. This class of people sometimes becomes very obnoxious to the better ele- ment of society, which is always glad to get rid of them. We can thus see how easily they may have been influ- enced to sanction a scheme to get rid of this class of violators. This accounts for so many good citizens originally joining the White-caps. But having once joined how were they to break away from them and turn their influence against them? They knew not what it was till they got into it, and then to refuse to stand by it, meant the penalty of death would follow. Such as refused to join in the crimes that followed in the progress of White-capping could only remain neutral and keep their lips sealed. The better class did this;
446071
3& THB WHITE-CAPS.
and as the crimes of the organization became more fre- quent and more heinous in their character, more and more withdrew their active influence, and White-cap- ping by degrees drifted into the hands of "toughs" and those known to be vicious and lawless.
When it reached this stage its promulgators began to study new work for it to do, and new fields to ex- plore.
They had entered into people's houses masked and in disguise, whipped them and beat them with many stripes for the offence of adultery and similar misde- meanors, and had not been identified nor punished. Now these same would be moral reformers, reasoned to themselves in this wise : If we can enter a house and whip the inmates and not be detected nor punished in the courts for it, then why not enter in like manner for any other purpose and successfully defeat prosecutions?
This method of reasoning was plausible ; so they con- cluded that they could use the White-cap guise as a shield for any offense they felt disposed to commit. Therefore when one of the gang had a private difficulty with a neighbor or other party, he would summon his White-cap colleagues and report to them what he wanted. The result was, the supposed offender was overpowered by masked men and dragged from his home in the dead hours of night and severely beaten, at the instance of a coward who dared not meet him face to face. In this way private grievances were avenged by the White-caps.
This part of the work was seen to be a success because undetected and they felt encouraged to take another step in the field of conquest.
THE WHITE-CAPS. 39
Such of them as had made up their mind to take a full degree in the catalogue of crimes, now organized special bands, consisting- of the most desperate element of the White-caps, and went into stealing, robbing and murdering and in fact all sprts of crime.
They generally selected as their victims pensioners, old widow women and old men who were generally known to keep money about their premises, and who were helpless to defend themselvs. Many of the most outrageous robberies were in this way committed in Sevier county.
Private houses were entered by force, and old de- crepid men and women were forced at the muzzle of a shot-gun or pistol to discover and deliver up to the cruel intruders all their money and other valuables. After thus pilfering a home and forcing from their unfortu- nate victims the earnings of a life time, these bandits would as silently steal away, divide thefr ill-gotten gains, and return to their homes undetected and un- known to any one except themselves and their gang.
Among those who have been the victims of this mer- ciless gang of White-cap robbers, we have been fur- nished with only a few names, among which are old man Andrew Henderson from whom they took about two thousand dollars in gold ; Mr. John Burnett, a pensioner; a Mrs. McMahan from whom they forced about one thousand dollars. A widow lady by the name of Fox also lost what she had at the hands of one of these midnight mobs.
In these robbing expeditions it is said only a small number, generally from four to six men were along
40 THE WHITE-CAPS.
This was for two reasons : First, the fewer the num- ber the more of the booty to each ; secondly, the fewer the number the less the liability of detection. Besides a half dozen men were all that were necessary to over-awe and rob an old decrepid man, or a helpless woman. It don't take brave men to do such deeds as these, but base cowards.
Jesse James and his noted band of outlaws were rob- bers, but it was done upon a high plane ;,it was a high order of robbery if you will allow the expression. They did it with such boldness and dispatch that one could not read of their daring adventures without some degree of admiration for their very bravery. They were never known to commit a robbery at night but rather chose broad daylight to display their skill at acquiring ill-gotten wealth. They never attacked an old defenseless man or a lone woman in daylight or dark and branded any man as a coward who would do so. So far from invading the home of an old defense- less man or woman in night time and after terrifying them with guns and threats, carry off their earnings, thejames gang rather preferred to dash into the city of Omaha at high noon and rob a bank of its hundreds of thousands of dollars while the whole city looked on, or march into the fair grounds in Kansas City and carry off the gate money while a half a million eyes gazed in wonder and astonishment, if not admiration at their reckless daring.
While there may be something in the history of the James gang worthy of admiration, there is certainly nothing connected with White-capping but what is loathed. and despised by every brave, and honest. man..
JUDGE T. A. R. KELSON.
THE WHITE-CAPS. 41
It grew from bad to worse till in its lattejr days it de- generated into highway robbery and murder. Men were killed for opinion's sake ; prices were placed upon the heads of persons who were witnesses and happened to know something of White-cap depredations, and they were summarily put out of the way by the assas- sin's bullet.
Chief among these were William and Laura Whaley, whose tragic death is told in another place in this book, and for which Pleas Wynn and Catlett Tipton have been indicted and convicted, and Robert Catlett and Robert Wade stand indicted as accessories before the fact.
CHAPTER VIII.
A REFUGE FOR CRIMINALS OF ALL CLASSES.
There is one other feature of the White-cap organi- zation that we have not yet referred to. It is something which evidently was not contemplated in its early his- tory, but taken on in its days of degeneracy.
The White-cap organization was not only an or- ganization of crime and wickedness in high places from its birth to its death, and did everything in its power, even to the commission of perjury to protect its mem- bers from the penitentiary and the hangman's noose, but it served as a veritable "City of Refuge!' for every man who had committed a grave crime against the law, whether he belonged to the order or not. If he did not belong, as soon as his hands were stained with blood or crime, he fled without delay to the secret haunts of this diabolical order, where without delay he was made a member in due form. All the qualifi- cations needed to recommend him to the order were that he had a record of crime and the more heinous the crime the better it suited his Satanic majesty, the chief of the White-caps. When once within the fold of the order, he is entitled to all its privileges and bene- fits. He would therefore be able to make bond and secure the best of counsel for his defense. His new rela- tion also meant that he was to have the full benefit and assistance of the "expert" witnesses and jurors as well as the manipulations and influence of the entire order so far as they could render it. This was generally equivalent to a guaranty of acquittal.
THE WHITE-CAPS. 43
The White-cap organization was thus worth more to a criminal in his struggles in the courts than the best law firm that could be procured, but when the two com- bined their skill and tactics they erected a wall of de- fense that was impregnable and one the State could never batter down. In this manner the red-handed murderer and the thief and the robber, for a number of years went unpunished in Sevier county while the good citizens were terrorized by midnight marauders, who little feared the officers of the law.
CHAPTER IX.
DECAY AND DISINTEGRATION.
From the very nature of things and the principle on which the White-cap organization was established it could not live long. And judging it by its fruits which is the moral and scriptural test, the only wonder is that it existed half as long as it did among a civilized and Christian people, such as live in Sevier county. But it had its day and run its race, and is now a thing of the past. It left in its track bleeding hearts and widows and orphans ; the bitter fruit of an ignoble existance.
The origin, growth and progress of the White-cap organization as well as its connection with courts and criminals, have been briefly mentioned in the previous chapters. We now come to the most delightful part of our task and that is the disappearance of White-caps, or at least, White-capping, and the disintegration of the organization in Sevier county.
The murder of Wm. Whaley and wife, Laura Wha- ley, was the culmination of White-capping in the county. Murders and all kind of outrages had been committed prior to that time ; but none \vere so brutal and inhuman as this one.
The people had tolerated and in effect excused the whipping of men and women, robbery, the murder of men in their houses, in the woods and along the public highways, but when it come to going to the humble little cottage home of a poor, but unoffending citizen of the county, breaking in on him, dragging him from
THE WHITE-CAPS. 45
his sick bed, and shooting his brains out in the pres- ence of his wife, without even giving him an excuse for it, and then turning upon his wife, a new born babe in her arms, begging for mercy, where no mercy is to be found, her brains shot out and she falls beside her hus- band never to speak again ; the life blood of the two, husband wife, father and mother slowly ebbing away as the wicked and heartless assassins steal into the dark- ness and make their escape : we say, when it came to this, it was too much for the people to bear. It was be- yond toleration. They broke forth, as it were, in their fury, and were aroused as men seldom are. Every good citizen swore in his heart to assist in avenging the nmrder of the Whaleys and putting an end to the in- famous White-cap practices in Sevier county.
This was the beginning of the end. People no longer felt over-awed by the intimidation of those bold ban- dits which had so long held sway by closing the mouths of men and controlling the public pulse, but they spoke out boldly in no uncertain terms.
When the five hundred people who visited the scene of the murder, viewed the remains of William and Laura Whaley as they lay prostrate upon the floor of their cabin home in their night apparel and in pools of blood, and heard the piteous cries of the little babe that in so short a time had been rendered parent- less and homeless, the smouldering fires that had slum- bered in their breasts so long now broke forth like vol- canoes and with such fury that it astounded the White- caps themselves. Men, who heretofore had not dared express their sentrments,now spoke them freely and the talk became epidemic. Correct public sentiment
46 THE WHITE-CAPS.
began to reassert itself and in a short time a wave was started that has not yet stopped. '
The officers of the law are also indignant and are encouraged to take a bold stand against the red-handed murderers.
Attorneys are employed to assist in prosecutions, offi- cers constitute themselves detectives, rewards are of- fered by the county by the state and by individuals. All suspicious persons and especially White-caps are watched in their every movement and a general plan of warfare, which meant a fight to the finish was set on foot against the iniquitous White-capping.
All of this, and more, was done within a few weeks after the Whaleys were killed in the tragic manner above pointed out. So bold a stand taken by the offi- cers and the people, seemed to non-pluss theWhite- caps and especially the more timid of them. Only the boldest would openly show signs of counter warfare.
Public sentiment was now right, and the good and law-abiding people were determined to beat no retreat.
But to succeed in stamping out White-capping and especially in punishing those charged with crime, the people felt that they must have the full protection and hearty co-operation of the courts. Heretofore the White-caps had shown themselves masters of the situa- tion in almost every case up to this time, where an at- tempt had been made to punish any one charged with White-capping.
It was felt that something must be done to exclude White-caps from sitting on juries, both grand and petit, for as long as this could be done there was but little hope of successful prosecutions.
THE WHITE-CAPS. 47
The Tennessee legislature met on the first Monday of January, 1897, only a few days after the Whaley mur- der was committed, and continued its session some three or four months. It was therefore in session dur- ing the exciting weeks and months that followed the murder of the Whaleys and the general upheaval and reaction against the practice of White-capping in Se- vier county. Counsel was sought from every friend of law and order, and the conclusion was reached that the good people who were so heroically struggling for su- premacy against lawlessness, should have some addi- tional legislation to aid them in their efforts. This was soon accomplished through friends of the movement who went to Nashville and presented the matter in per- son to members of the legislature and others who at once espoused the cause of the people with a zeal that knew no limit short of success.
The result was that in a short time a bill was pre- pared, known as the anti-White-cap bill, introduced in both houses and became a law by the governor's signa- ture on the 24th day of March, 1898.
In as much as the masses of the people are not fur- nished directly with the published acts of the state, and for this reason many not having read the law in ques- tion, we deem it not out of place to here quote the first, second and third sections of this law, which reads as follows :
''Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be a felony, pun- ishable by from three to twenty-one years imprison- ment in the penitentiary and by full judgment of in- farny and disqualification, for two or more persons to
48 THE WHITE-CAPS.
enter into any conspiracy or combination, or to remain in any conspiracy or combination under any name or upon any pretext whatsoever, to take human life, or to engage in any act reasonably calculating to cause the loss of life, whether generally or of a class or classes, or of any individual or individuals, or to inflict corporal punishment or injury whether generally or upon a class or classes, or upon an individual or individuals ; or to burn or otherwise destroy property or to feloniously take the same whether generally of a class or classes or of an indivdiual or individuals."
"Section 2. Be it further enacted, That it shall be a felony punished in like manner as the offense described in the first section of this act for any person either di- rectly or indirectly to procure or encourage any one to become or remain a member of any such unlawful conspiracy or combination as is described in the first section of this act ; or for any person either directly or indirectly to aid, abet or encourage any person, to en- gage or remain in such conspiracies or combination or to aid or abet in the accomplishment of any purpose or • end of such conspiracies or combinations.
"Section 3. Be it further enacted, That no person who has been guilty of any offense described in the two pre- ceding sections of this act, shall be competent to sit or serve on any grand or traverse jury, and it shall be the duty of the court to carefully exclude all such persons from the juries, both grand and petit; and when he shall be informed or shall have reason to suspect any person presented as a juror, guilty of any of said of- fences, he shall call witnesses, if necessary and examine fully into the truth of the charge ; he shall -dismiss from the grand jury any person who has been selected and
THE WHITE-CAPS. 49
.afterwards shown to be implicated in any of said of- fenses."
These are the principal sections of the acts and show its purpose and scope. '
The fourth section gives the grand jury inquisitorial powers, and makes it the duty of the judges to give it specially in charge.
It will thus be seen that the evil against which the above law was directed especially, was regarded by the legislature as one of serious consequences to the people of that section where it existed, from the very fact that the law which was to up-root it was most radical in its provisions and scope ; so much so indeed that many of its friends feared that it might be, by the courts, de- clared unconstitutional.
While the word "White-cap" is not mentioned in the act, yet the terms conspiracies, unlawful combinations, etc., fully cover the case and are general terms which will include all parties of this class whether they belong to an organization known as "White-caps" or "Grave Yard Hosts" or some other name of similar import.
The act makes it unlawful to even belong to such an organization. This is one of the provisions of the law which made the White-caps tremble in their boots, be- ing conscious of the fact that they were not only mem- bers of such an order, but that it was well known in a general way that they did belong to it.
But possibly the most effective provision of the law was the third section which disqualifies White-caps from sitting on juries, and, if by chance they should be selected, gives the judge the power to discharge them.
50 THE WHITE-CAPS.
It is said that this provision of the law worked like a charm in most cases. For when any person who was either a White-cap or accused of being one, was named by the county court to serve as a regular juror he was either too sick to attend court, and sent in his excuse, or sent a proxy in his stead ; thereby avoiding the risk of having his White-cap record inquired into by the court. So the mere existence of the law upon the statute books and the declared purpose on the part of the law-abiding people to enforce it to the very let- ter, did much to drive this lawless element from the county and juries where they had hitherto been so ef- fective in shielding the criminal classes. The friends and promoters of this beneficent measure now felt that half the battle was won, and that all they had to do to achieve ultimate success over White-capism, and for- ever drive from the courts of the county an organiza- tion that for a time had rendered ineffective all law, was to demand of the Judge and Attorney-General that the law be strictly enforced, and no quarter whatever should be given to those who sought to set it at naught. For some reason, real or apparent, for on this point the writer does not speak advisedly, not being in a po- sition to know, the people who had undertaken the task of putting down this lawless element had lost confi- dence in a large measure, in Judge Hicks, who was then holding the Circuit Courts of Sevier county and had been for a number of years. Most people gave him the credit of being an honest and conscientious man, but they claimed that he did not have the firmness and the moral courage to stand up in the face of these ene- mies of the people, who had so long infested his courts with such disastrous results, and administer the law
THE WHITE-CAPS. 51
with that firmness and vigor absolutely necessary at this particular crisis.
Public sentiment was now all right, and the law- abiding people were much encouraged. They had just succeeded in having a law enacted, the very thoughts of which and especially its enforcement, struck terror into the hearts of their enemies, and it was felt that an- other and a firmer judge than Judge Hicks, was in- dispensably necessary to deal with the White-caps and administer the law in Sevier county. So it was decided that the Second Judicial Circuit, presided over by Judge W. R. Hicks, should be so changed as to take Sevier county from said circuit and add it to the Crimi- nal District of Knox county presided over by Judge Thomas A. R. Nelson.
The State legislature, which had already been en- listed in behalf of the good citizens of the section af- flicted with White-caps, was now again appealed to for the change in the Judicial circuits as above indicated. Accordingly a bill was enacted, into a law, which de- tached the Circuit Court of Sevier county from the Sec- ond Judicial District and transferred and attached it to the Criminal District of Knox county, which imposed upon Judge Nelson the duty of holding the Circuit Courts of Sevier county.
CHAPTER X.
" A DANIEL COME TO JUDGMENT."
The Whfte-caps must have thought the change a bad one for them, for it is said every one of them bitterly opposed it, while some of the bolder ones made light of the fact that Judge Nelson should go to Sevier coun- ty for the purpose of punishing White-caps. Judge Nelson held his first court in Sevierville in July, 1897, an event which for weeks prior to this time, had been 'ooked forward to with extraordinary interest. All ?,orts of stories had been circulated as to what kind of a man the new Judge was, and what the real purpose and scope of his mission would be. Some thought all he had to do. was to hunt out the White-caps and send them to the penitentiary or hang them, without a trial by jury or the benefit of clergy ; while others thought he world not have the nerve and the courage to go into a White-cap community and hold courts where all kind of threats had gone forth against courts, lawyers, offi- cers and all who dared to speak out against White-cap outrages.
But the time for holding the July court came and with it came Judge Nelson and Attorney-General E. Fred. Mynatt, ar>d when court was called on that July morning it is said that the little town of Sevierville was never so thronged with people ; all anxious to see the new Judge and new Attorney-General.
The ne"\v court house was packed as long as one could get into it. Everybody wanted to hear the
THE WHITE-CAPS. 53
Judge's charge and know what he had to say, and whether he would say anything about White-caps.
On this subject everybody's curiosity, if it may be called that, was satisfied. After giving the grand jury a very strong and vigorous charge on the usual statu- tory offences, he then drew a copy of the new White- cap law from his pocket (as it had not yet been pub- lished in the Acts) and in a cool and deliberate manner, he stated the scope and purpose of the law and the causes which had brought it about.
It is said by those v,rho had the good fortune to hear it, that he delivered one of the ablest and most eloquent charges on this subject that they ever heard fall from the lips of any judge. He did not mince words nor seek evasions, but went straight to the core of the sub- ject in hand. Every word struck terror to the very hearts of the White-caps who were present, and when he had finished there was a feeling of relief in the mind of every law-abiding citizen in the house. The anti- White- caj- cause had been strengthened a hundred per cent., and nobody felt that there would be a failure on the judge's part to administer the law without fear, fa- vor or affection.
It was now felt that complete victory was within the power of the people through the medium of the courts, and that violators of the law whether White-caps or not, would suffer the penalties of the law.
At this term but few White-caps reported as jurors although several were on the lists and most of those who did report disqualified. A few, however, found their way into the jury box and when that fact was brought to the attention of the court he summarily de-
54 THE WHITE-CAPS.
posed them, with the declaration that if they were White-caps they had no more right to sit on a jury than a horse thief.
Since Judge Nelson has been holding the courts at Sevierville it has been as easy to convict White-caps as any one else, and some of the most noted cases known to the bar of Tennessee have been tried in this court, among which may be mentioned the cases of the State against Pleas Wynn and Catlett Tipton, charged with the murder of William and Laura Whaley, which has already been referred to. Everybody feels now, that White-capping is a thing of the past in Sevier county, and no further outbreak is feared. Several causes as above stated conspired to bring about this happy state of affairs where only a short time ago lawlessness pre- vailed and no man felt that he or his property was pro- tected by the stiong arm of the law.
We cannot close this chapter without making per- sonal mention of a few of the persons among the many that the people of Sevier county owe a debt of gratitude to, for the important part they took in restoring peace and safety to that rich and prosperous county. And first among the list is Tom H. Davis, the present sheriff of Sevier county.
He led the crusade against White-capping from the start. He boldly denounced them in public and pri- vate and encouraged the people to do the same thing. He as a deputy sheriff hunted down men charged with murder and landed them in jail ; he offered rewards for criminals from his own private means and persuaded others to do the same thing ; he went to Nashville at his own expense and stayed several weeks, securing the
THE WHITE-CAPS. 55
enactment of the two laws above referred to in this chapter. He, in truth was the moving- spirit in setting on foot this legislation ; he procured the assistance and influence of Hon. G. W. Pickle, attorney-general of the state, and even Governor Taylor himself.
Hon. John C. Houk, Senator from this Senatorial district, took especial interest in these measures and be- came their champion in the Senate.
Representative Parton took an active part and gave his influence in the House.
While Judge Nelson as has been stated, by his bold and fearless stand in dispensing the law inspired the people with new life and hope, it should not be forgot- ten that General E. F. Mynatt, the able attorney-gen- eral of the Knox county criminal district, has been no less a potent factor in bringing the guilty to justice and driving the White-caps from the courts and many of them from the country. Some of his efforts in prose- cuting White-cap murderers, were remarkable for vigor and ability. His closing arguments before the juries in the Wynn and Tipton cases is said to have been the finest efforts of his life and the most eloquent appeals ever made to a jury in Sevier county. Men and women wept like children, and the jurors were scarcely less affected.
The attorney-general was ably assisted in these prosecutions by his brother, R. A. Mynatt, assistant at- torney-general.
In these cases the judge and the attorney-general can feel that they have discharged their duty, acting under their oaths as officers of the law. In the discharge of these duties they were ably assisted by Sheriff Maples,
56 THE WHITE-CAPS.
and his deputies, Davis, Keener, McGill and others, to whom the people of Sevier county will always feel grateful for their services in driving" White-capping from the county.
No White-cap outrages have been committed in the county for nearly two years, and none at all we are told since Judge Nelson was assigned the duty of hold- ing the courts in that county.
There is as much quiet and order in Sevier county now if reports be true as any county in the State. And even the little town of Sevierville, which for a time was the center and hot-bed of White-capping, and noted for a gang of "toughs" and general lawlessness, is now as quiet and orderly as any town in East Tennessee.
A rather amusing incident has been reported to the writer as having occurred in Sevierville on the first night that Judge Nelson and General Mynatt spent in that town, just prior to opening their first term of court.
Perhaps a dozen of the young bloods of the town who had been in the habit of making night hideous with their escapades, and on this particular occasion no doubt backed and encouraged by the White-caps who had not yet made Judge Nelson's acquaintance, con- cluded that they would have some fine sport at the expense of the new judge and attorney-general. They thereupon organized their company and marched up and down the street in front of the hotel where the judge and attorney-general were stopping, singing: "Hang Judge Nelson to a sour apple tree," etc., and then they would repeat the same with General My- natt's name, much to the annoyance of the visitors who
ATTORNEY-GENERAL, E. F. MYNATT.
THE WHITE-CAPS. 57
had been told all sorts of stories about what they would see and hear in that White-cap town. But the judge, while no doubt annoyed, was not to be intimidated by this sort of conduct, and thereupon, sought the sheriff or someof his deputies and had him to secure the names of all of the night songsters, and turn them over to the attorney-general with instructions to indict every one of them for nuisances and general "cussedness" as soon as his grand jury was ready for work. It was not long before this was done, and some time on Monday the sheriff appeared before the bar with about a dozen pale-faced young Americans who were charged with belonging to the Saturday night's choir. The judge thereupon delivered them a lecture they will perhaps never forget, and ordered them to give bond for their appearance at a future day, at which time they must answer for their conduct on the previous Saturday night. The boys retired feeling that they had awak-' ened the wrong passenger. What became of the boys and the indictments against them we are not informed, but we understand that Judge Nelson and General My- natt have never since been disturbed by these or other parties in their night slumbers and meditations.
Sevier county is one of the largest and richest coun- ties in East Tennessee, noted for its rich farming lands and beautiful rivers and mountain scenery, as well as the intelligence and prosperity of its citizens. But it has one blot upon its history and that is its White-cap record. This only exists now, in history and not in
58 THE WHITE-CAPS.
practice. The people are now making rapid strides to recover what they have lost in the last few years in reputation. They have recently constructed one of the most beautiful and convenient courthouses in East Tennessee, and are now engaged in building a splen- did pike road from Sevierville to Knox county which will be worth thousands of dollars to them.
Long may they live to enjoy the peace and prosper- ity which now prevails in that beautiful section of East Tennessee, nestling as it does around the foot of the great Smoky Mountains.
CHAPTER XL
SOME OF THE RESULTS WHICH FOLLOWED WHITE- CAPPING IN SEVIER COUNTY.
There is an old adage that "Politics makes strange bed fellows." The reader can no doubt recall one or more instances in which the above statement has been verified in his own experience. And what is true of politics in this sense, may also be said of White-cap- ping so far as it affected the public and the people in Sevier county. Indeed as a general proposition, may it not be said that this holds good in reference to any sub- ject or issue which becomes absorbing and calls forth different views and discussions by the people? Men with or without studying public questions, ally them- selves with one side or the other and thereby risk their popularity and their fortunes with the choice made. Nor are men always controlled in their choice by right • and wrong or the moral aspect of the questions in- volved. Some it is true circumscribe their conduct and actions by moral motives, while others are influenced by gain, or popularity, while still others are controlled by a sordid ambition which knows no bounds short of general deviltry and revenge.
As we have had occasion to say, perhaps more than once in these pages, those who took the initiatory steps in White-capping in Sevier county were prompted by proper motives but were evidently guided by false reasoning, but many persons, even on as grave
60 THE WHITE-CAPS.
matters as these do not stop to reason, but act from first impulses. From one motive or another a suffi- cient number of people were willing to cast their for- tunes with those who believed in the new methods of reform, to make it a strong and popular organization among the citizens of Sevier county.
Some men joined the White-caps for their influence in trade and from a business standpoint ; some for their influence in elections, for it was known that they could make or unmake officers at will; others joined them because of the protection the order could afford them in the commission of crime, or for crimes already com- mitted. So it is well known that, at one time in Sevier county, the anti-White-cap had the laboring oar to handle, and was the "under dog" in the fight. Men were looked upon as odious, and were taunted and in- timidated because they saw proper to side with those who sought to lead the anti-White-cap forces and sen- timent.
In course of time though the tide changed, influen- ces fast accumulated against the White-caps and they were put on the defensive. Some of them were men of means and they had spent their money freely to for- ward the interest of their pet organization, and to as- sist those who had cast their fortunes with it for pro- tection. And when the general crash came, as we have seen that it did, many a White-cap woke up to the aw- ful fact that his investment in the organization had left him without money, without friends and without char- acter. He was regarded as unworthy of belief as a wit- ness in a court of record. He was disqualified by spe- cial statute from sitting on either grand or petit juries,
THE WHITE-CAPS. 6 1
and in effect rendered infamous. Indeed the way of the White-capper is hard. He is now down and every- body who passes gives him a kick. His crime is great and the full enforcement of the law is demanded against him.
The legislature is petitioned and grants new laws for the purpose of more effectually punishing him. judges are summarily disposed of and others installed in their places, in order that punishment may be more swift in overtaking him. He is indicted, arrested and put in jail, and disallowed bail. Public sentiment is so strong against him that it can be felt in the very air around him, and he cannot get a fair trial on his native heath, but is forced to go among strangers for a trial. How changed the condition of the White-cap now and a few years ago, when his word was law and courts and juries were to him as chaff before the wind !
The pendulum indeed has swung to the other side, and it may well be questioned whether wrongs and ex- ceses, though unintentional, may not be indulged in on the other extreme. This is generally true in refer- ence to all reforms- But let us hope in these matters that the golden medium may be found and accepted, and that scales of justice may be correctly poised so that every man may know and respect the law.
After the collapse of the White-cap organization came, it is remarkable how soon its leaders disap- peared. Some left the county and the state to avoid prosecutions; others feeling that their credit, their character and in a measure their property was gone, disposed of their remaining assets and went •to unknown parts. Some have been killed, while oth-
62 THE WHITE-CAPS.
ers are in the courts either awaiting trial or the execu- tion of the sentences that have been pronounced against them. Another large class of citizens who have either been regarded as White-caps or in sym- pathy with them, but in no sense leaders, afe now liv- ing quiet retired lives and apparently show little or no sympathy with the now defunct institution.
Public sentiment has been so revolutionized that White-capism is now viciously attacked and unmerci- fully condemned on every hand. It is natural therefore that those who feel themselves guilty should want to be as quiet and retired as possible.
To show how much White-capping and White-caps are hated in Sevier county, and how the people regard those who took a leading part in breaking it up and driving it from their midst, it is only necessary to call attention to the late election for sheriff in that county.
Sevier county is one of the strongest republican counties in the state, there being about four thousand voters in the county and not over four hundred of these democrats, or about one out of every ten. In that elec- tion there were two candidates for the office of sheriff, to-wit : R. H. Shields a life long and consistent repub- lican, and T. H. Davis, a life-long and consistent demo- crat. Not only is Shields a republican, but a man of unblemished character and splendid qualifications to discharge the duties of the office. He was never a White-cap nor a White-cap sympathizer, but a man of exemplary habits, who believes in the supremacy of the law. Mr. Shields, however, is not aggressive in his manner, but rather quiet and unobtrusive, and during the White-cap upheavals in the county he took little
THE WHITE-CAPS. 63
or no stock in them so far as was generally known, be- ing content to let them alone if 'they would him.
On the other hand, Mr. Davis as stated was a strong democrat, but like Mr. Shields a man of good character and excellent qualifications for the office. He is, however, a man not only of pronounced views on important questions, but very aggressive in declaring them an.l carrying them into execution. So when the White-cap subject, became the all absorbing topic in the county, Davis was among the first to speak out boldly against it> and declare it unlawful and revolu- tionary in its character. He showed the White-caps no quarters, and vigorously attacked them wherever he went. By reason of the bold stand he had taken against this lawless element, he, though a pronounced demo- crat, had been appointed a deputy sheriff of the county by M. F. Maples when elected sheriff in 1896. It was unusual in that county for the sheriff to appoint even a deputy who was a democrat, but in this instance he took the risk and made the appointment. It was soon learned that he had made no mistake, for Davis at once showed himself to be an active, wide-awake officer. This appointment afforded him a field of operation he had long wanted and that was to hunt down White- caps and bring them to justice. His work along these lines has been referred to in another place in this vol- ume, and need not here be repeated.
His two years experience as a deputy sheriff had given Davis an extended acquaintance over the county which was worth a great deal to him in his coming race. Shields had likewise been before the public be- fore and was well known to the masses of the people.
64 THE WHITE-CAPS.
The two candidates thus equipped entered the contest. Shields had the advantage in his politics, and to off- set this, Davis launched forth his anti-White-cap rec- ord. On these two issues the battle was waged. Se- vier county had not elected a democratic sheriff since the civil war, nearly forty years, and it was not be- lieved by Davis' most ardent suporters that he could overcome the enormous political majority against him. While men were wedded to their party and hated to break away from it, yet they felt that to get rid of White-cap dominatipn and all the attendant evils it had brought upon the people, was far more preferable at this time than a party victory. The White-caps did not stop at party lines, neither should those who in- tended to wage war on them. Politics, it was argued, was a good thing in its place, but when men's lives and their property, the protection of their homes, their wives and their children are all at stake, men should close their eyes to politics and vote for the man who stands and has stood closest to their interests. The war on White- caps has been successfully waged and they were now on the run, but it would not do to give up their general at the critical movement.
Arguments like these were used by Davis friends with telling effect. Old men who never had voted a democratic ticket in their lives, ignored the question of party politics and voted for Tom Davis. Republicans and old Federal soldiers left their business, and can- vassed the county in his interest. Shields' friends could not check the tide. They argued that Shields was no White-cap nor White-cap sympathizer and if elected would show them no favors, and besides he was
THE WHITK CAPS. 65
a republican, all of which was true, but Davis had fought the White-cap battles and won the victory and he must be rewarded.
The people voted for Davis not because they liked democrats more, but because they liked White-caps less. On these lines the two candidates for sheriff waged their contest. What White-caps were left in the county and their sympathizers had no candidate in the field, but as between Shields and Davis they naturally went to the former. They all hated Davis too bad, he had been their unrelenting enemy, and pursued them into the last entrenchment. No argument could draw this element to him, so it naturally went to Shields, who if he had not helped them, had not done them any harm. This was the turning point in the election. A large number of people only wanted to know whom the White-caps were for, and this known they would vote for the other candidate. Many former admirers and supporters of Shields, when they learned that the frag- ments of the White-cap forces had gone to him, imme- diately left him and went to Davis, saying they hated to vote with the democrats, but preferred it to voting with White-caps.
Although Shields saw that this very thing was weakening him, yet he could not afford to say to the White-caps that he did not want their support. This is one of the times the candidates supporters defeated him — his strength became his weakness — and when the conflict was over and the smoke of battle cleared away Davis was elected by a majority of 74 votes, out of a total vote of 3,530.
Thus it is that Sevier county, almost solidly repub lican in a single-handed race between a republican and
66 THE WHITE-CAPS.
a democrat, neither having the advantage of the other in point of character and qualifications, to-day has a democratic sheriff. It cannot properly be said that it was Shields' weakness that caused his defeat, because he was not a weak candidate, it was rather the strength of the other man, combined with the peculiar condi- tion of things as they then existed and had existed in the county. "It was a condition and not a theory" that confronted the people at this time, and no other repub- lican perhaps in the country under the same circum- stances could have been elected. It is just one of the strange things that sometimes happens in the history of any people, especially in times of excitement and great agitation over grave public questions. It is the fruit of a revolutionary spirit that sometimes possesses people.
Ten years ago, if one in a serious mood had asserted that in the year 1898, the people of Sevier county by popular vote would elect a democratic sheriff in a sin- gle-handed race between two good men as in this case, he would have been laughed at in derision, if not put down as a lunatic.
Tom Davis never would have been sheriff of Sevier county had it not been for the White-cap question. It is part of the sequel of Sevier county' "Reign of Ter- ror."
There are some other questions and coincidences growing out of Davis election as sheriff and the White- cap question which it is deemed appropriate to be men- tioned here.
Sheriff Davis, Pleas Wynn and Catlett Tipton were all raised up together in the same neighborhood. They
YHE WHITE- CAPS. 67
were school boys together and played together in the common sports of the day. Always friends, they would fight for each other at a moment's warning. When baseball was the "rage" among the boys of that section several years ago, they all belonged to the same team of which Tom was their captain. They planned and took counsel together as to how they would defeat their foe upon the ball field, and scarcely ever went down in defeat. But in course of time their paths di- verged, and they traveled in different fields and oper- ated on different lines.
Davis settled down and for several years lived the atiiet life of a farmer. Tipton followed his chosen trade, a carpenter ; while Wynn had no special occupa- tion, but drifted around ; much of his time being spent in idleness and unprofitable fishing and hunting. When White-capping sprang up in the county, Tipton drifted into that and became its leader and captain, with Pleas Wynn as a good lieutenant, while Davis became the leader of those who opposed it. In this sense they were enemies. Davis was after the White-caps and Tipton was after anybody that was pursuing him or his men. When the final clash came fortune favored Da- vis. As deputy sheriff he arrested Wynn and Tipton for the murder of the Whaleys, took a leading part in their prosecution and this naturally made them his bit- ter enemies, but it helped to make him sheriff of the county. Now Wynn and Tipton are condemned to die on the 4th of January, 1899, upon the gallows, and un- less this decree is changed, it will become the duty of Tom Davis, their former friend and playmate, but af- terwards their most hated enemy, to carry into effect
68 THE WHITE-CAPS.
this solemn decree of the highest court in the common- weaMi of Tennessee.
These are not only interesting facts and coinci- dences when studied in connection with the lives and histories of these three Sevier county boys, but they form a part of the sequel in the history and downfall of one of the most noted gangs of outlaws known to mod- ern civilization.
CHAPTER XII.
THOMAS H. DAVIS.
Thomas Houston Davis was born in Sevier county on the yth of August, 1864. He is the son of J. D. Davis, a prosperous farmer, living four miles below Seviervilie, on the Knoxville and Seviervilie road. His mother, Mary J. Davis, is the daughter of Judge Samuel Pickens, of Sevier county. His early life was spent on the farm. He attended the public schools of the county, two terms at Carson college and one at the Knoxville Business college. He taught school four sessions and then returned to the farm. In the year 1887 he was married to Linnie A. Adams, daughter of T. F. Adams, of Strawberry Plains. After his mar- riage, he lived a quiet farmer's life up to the year 1894 when he was appointed deputy sheriff by sheriff M. F. Maples.
The fight which he made against the White-cap organization in Sevier county presents a case of unpar- alleled bravery, perseverance and skill. He stood alone against 650 outlaws, turned the tide and won the victory.
White-caps no longer rule supreme in Sevier county. Overawed by his boldness, determination and shrewd detective work, they at last weakened and gave up the fight. L,ike a trembling culprit, standing upon the very verge of eternity with the gallows staring him in the face, they, too, saw that justice had at last over- taken them. Thus, the dense clouds that over-
70 THE WHITE-CAPS.
shadowed Sevier county began to break and move slowly away while gleams of sunshine flashed between them as they passed, lighting up the hearts of the people with rays of hope.
They recognized in Tom Davis a leader that knew no such word as defeat, and, rallying to his support, vowed they would all stand by him to the " bitter end." Thus began the great struggle to overthrow White-capism and restore law and order in Sevier county.
Few men have endured as many hardships or had as many hair-breadth escapes in the same length of time as the subject of this sketch. Fearless and undaunted, he pressed forward with a determination to win or die in the effort, and therefore overcame all opposition and surmounted every obstacle. Although many threats were made against his life, his road waylaid at differ- ent times and his close friends and relatives advised him to give up the struggle, resign his office and flee the country until excitement abated, he still went about wearing the same usual smile on his face and quietly working up the evidence that was slowly, but surely, weaving a web around the necks of some of the most noted outlaws that ever set foot on Tennessee soil. He was not deterred from his purpose, and when warned by his friends of his perilous undertaking only replied : " The time has come when some man must undertake it, or our county is ruined."
The day that Pleas Wynn and Catlett Tipton were arrested on the public square in the town of Sevierville and led to the court house by deputy sheriff Tom Davis is a day that will ever live in the minds of the
THE WHITE-CAPS. 71
people. The crash had come at last, and the turning point in the lives of two noted White-caps and outlaws had been reached. They had evidently run their course, and the first link in the chain that for years bound together a band of desperadoes had been broken.
We will not attempt to give a detailed account of all his exploits, but will mention some of the most noted ones ; those pertaining to White-caps alone.
He has arrested and assisted in the arrest of thirty- four White-caps, and is familiarly known in East Tennessee as the famous White-cap detective. When asked as to how he had achieved such great success, he replied : " My success is due more to the fact that I kept my own secrets than anything else."
He would often disappear and be gone for weeks at a time, when even his closest friends would not know his whereabouts. The White-caps would grow uneasy when he did not appear every day on the streets of Sevierville. And oftentimes his friends would be very anxious to know about him. In the course of time, Tom would return from some other State, bringing with him some noted criminal.
When the famous Whaley murder occurred, Tom was on his way to East Burnstead, Ky., where he bad located one J. J. Robison. He went to his home one night and knocked at the front door, but no response came. He attempted to batter it down, but it had evidently been well barred on the inside. He at last effected an entrance at a back window, and once on the inside, made a thorough search. He struck a match, but there was no one in the room. He then went to the door of an adjoining room, carrying the lighted match with him. On reaching the door, he
72 THE WHITE-CAPS.
heard Robison move, and, quick as a flash, extin- guished the light, calling on Robison to strike a match. Robison replied :
"Strike a match yourself, you d d intruder."
" You strike a match," replied the officer, " or I will put a hole in you."
Thus the words passed back and forth, each one calling on the other to make a light, the officer well knowing that Robison was a dangerous character, he having had trouble with him before. Robison finally struck a match ; it was no sooner done than he was under arrest, hand-cuffed and on his way to the rail- road station. Everything went smooth on the return trip.
Deputy sheriff Davis reached home late Friday night, after the murder of the Whaley family, the murder having occurred the previous Monday night. He rose early Saturday morning and rode into Cat- lettsburg, where he found a crowd of excited people still discussing the Whaley murder. He did not tarry long, but after gathering What information he could, and assuring his friends that the perpetrators of that awful crime should be brought to justice, rode rapidly away. Arriving at the scene of the murder, he found Ivizzie Chandler, sister of Laura Whaley, still weeping over the loss of a brother and sister. Her story was a touching one indeed, and she wound up by saying :
" If I ever lay eyes again on the little short man that did the shooting, I will know him."
The officer took her home with him for protection, as he feared she, too, would be killed by the White* caps,
DEPUTY SHERIFF T. H. DAVIS. (Now Sheriff of Sevier County, Tenn.)
THK WHITE-CAPS. 73
Thus the work began which later on terminated in the arrest and conviction of two of the perpetrators of that dastardly crime. Deputy sheriff Davis lost no time, but believing in the old adage, " to strike while the iron is hot," began at once to devise some plan whereby L,izzie Chandler might see Pleas Wynn, who, by this time, was suspected by everybody.
Accordingly, he brought her to town, before daylight on the following Monday morning, and placed her in an upstairs room at the Mitchell hotel, where she could see everyone assembled on the public square. She waited many long hours before he appeared on the scene, but late in the morning, near eleven o'clock, Pleas Wynn came walking along. Her eyes were fixed upon him for a moment, then she drew back from the window with a shudder, exclaiming :
"There goes the very man that killed sister and Bill Whaley."
Deputy sheriff Davis walked down from the upstairs room of the hotel and arrested Pleas Wynn within a few steps of where he had been identified. This caused great commotion, as the town was filled with excited people, it being county court day, and only a week from the date of the murder.
Catlett Tipton's arrest followed a few minutes later, and likewise Bob Catlett and Bob Wade, for deputy sheriff Davis had already wired the sheriff of Ashe- ville, N. C., to arrest Bob Catlett at once.
In the meantime, Pleas Wynn and Catlett Tipton had their trial before a Justice and were released. Thus the White-caps scored another victory, and sneered at the efforts being made by deputy sheriff
74 THE WHITE-CAPS.
Davis, but this did not effect Davis in the least. He only replied, " He laughs best who laughs last," and started immediately for Asheville, N. C., taking with him deputy sheriff J. E. Keener, a warm friend and fearless officer.
On arriving at Asheville, they found Catlett under arrest, who said to the officers :
" I never got into any trouble yet but what I got out."
Deputy sheriff Davis replied, " Sometimes in a man's life the time comes when a man's money can't save him. That time may have come to you, Bob/' at the same time producing from his pocket a pair of hand- cuffs.
Catlett drew back, saying, " You don't mean to put them on me, do you ? ' '
"Yes, sir," came the reply. "You will wear them back to Tennessee, or you or I, one or the other, will die in North Carolina."
His friends interceded for him, but to no avail, and Catlett wore the " bracelets " back to Tennessee. Bob Catlett and Bob Wade were then tried before a Justice of the Peace, and Catlett was released, while Wade was held for court in a bond of one thousand dollars. Now came the critical point in deputy sheriff Davis' life. The three murderers had been released and were free men again. They well knew that Davis held in his possession damaging evidence, and was yet hot on their trail.
Time sped on, excitement ran high, and threats were freely made. The people lived in suspense, not knowing what a day might bring forth. Some said
THE WHITE-CAPS. 75
that deputy sheriff Davis would not live a month ; others, that he would not live to see the convening of another court. In the meantime, he and Sheriff Maples offered fifty dollars each as a reward for the arrest and conviction of the Whaley murderers. The county court had already offered a reward of five hundred dollars.
Immediately after this, Davis received a notice to resign his position as deputy sheriff or he would be killed by the White-caps. He did not heed this warn- ing, but took the next train for Nashville, where he succeeded in persuading Governor Taylor to offer a reward of five hundred dollars for the Whaley mur- derers. On the return trip, he stopped over a few days in Knoxville and employed two detectives, C. A. Reeder and C. W. McCall, to help work up the case. A consultation was held and a plan of work agreed upon. Many witnesses had fled the county for fear they might meet the same fate as the Whaleys. Most of them had located in Knoxville. Reeder and McCall were to work this end of the line, while Davis returned to Sevier county to renew his efforts at the other end. He made frequent trips, however, between Knoxville and Sevierville to consult with Reeder and McCall.
On one of these trips he came near losing his life, when, as it is believed, a deep-laid scheme was planned to assassinate him, at a point about half way between Sevierville and . Knoxville. Returning to Sevierville by boat, the " L,ucile Borden" and "Telephone" ran for some little distance side by side. While the two steamers were in this position a burly negro, after making inquiry for Tom Davis, stepped from one boat to the other and immediately raised a row with the
76 THE WHITE-CAPS.
cook, evidently watching his opportunity to get in his bloody work. He kept his eye on the front end of the boat, but the officer came around the back way and had hold of him before he knew it. He gave Davis a tremendous shove against the banister which came near throwing him overboard, at the same time attempting to draw his pistol. Davis was equal to the occasion, and held his man with his left hand while he drew his own revolver with his right. He thrust it in the negro's face, demanding him to throw up his hands. His hands went up and were held up until Captain Newman had disarmed him. He had a fine pistol, a forty-four Smith & Wesson, but failed to get in his work because the hammer had caught in the lining of his pocket, thereby preventing him from drawing it. And thus the would-be assassin was brought .into the town of Sevierville, a prisoner, by the man whom he had attempted to assassinate. The same night that the negro was being tried another plot was being arranged.
This time they were to waylay the road at the Houk bluff, a mile and a half below Sevierville, and wait until Davis came along on his way home. The plan was carried out and the death-trap set, but their game failed to walk into it. Deputy sheriff Davis had heard of the plot and remained in Sevierville that night.
By and by, court came on and deputy sheriff Davis was still on hand, at his post and ready for duty. He had left no stone unturned, and the evidence, when placed before the grand jury, was sufficient to warrant the finding of true bills against Pleas Wynn, Catlett Tipton, Bob Catlett and Bob Wade.
THE WHITE-CAPS. 77
Davis at once arrested Pleas Wynn and Catlett Tipton and placed them behind closed bars. He then went out in town to find Bob Catlett, but he, upon learning of the fate of Wynn and Tipton, had left town in hot haste.
Not to be foiled in his undertaking, deputy sheriff Davis at once started for the Catlett home, six miles away, taking with him deputy sheriff B. A. Rolen. It was late in the evening and darkness came on befoie they reached the home of Catlett. On their arrival, they found the Catlett house enclosed by a high wire fence, and two bull-dogs keeping guard on the inside. This was the most formidable foe that either officer had ever met, so they decided to call from the fence. The dogs answered, but no response from Bob. They at once dismounted, and with a pistol in each hand, stepped on the inside. The dogs came dashing down to the gate like two roaring lions, making a circle in a vain effort to get behind the officers. Foiled in this, however, they finally gave up the chase and disap- peared. Mrs. Catlett then appeared upon the scene, very much excited, and begged for peace. The offi- cers assured her that there would be no trouble if Bob would come out and surrender. She closed the door in their faces, saying " Bob will never come out."
The door was thrown wide open and the officers stepped inside. Bob well knew what this meant, and from an upstairs room answered that he would come down and surrender. He did so and was soon on his way to Sevierville.
In the meantime, Sevierville had gone wild with excitement. Perhaps there has never been a time in
78 THE WHITE-CAPS.
the history of Sevierville when excitement ran so high as it did that night and the following day.
William Wynn, brother of Pleas Wynn, had assaulted and cruelly beaten J. D. Davis, an old and respected citizen and father of deputy sheriff Tom Davis. The news spread like wild fire, and while the White-caps were fast assembling on the square, the friends of Tom Davis and his father were rushing to and fro, gathering arms from every quarter, determined to fight it out. It was soon learned that a determined effort was being made by. the White-caps to rescue Bob Catlett, who was then on his way to Sevierville in custody of Davis and Rolen. Sheriff Maples sum- moned all the men he could find, and keeping some to guard the jail, dispatched the remaining ones to meet the officers with Catlett. This posse met them just below Catlettsburg and told them what was going on in Sevierville.
There was a determined look on Tom Davis' face as he heard the news and dashed across the river to Catlettsburg for reinforcements. He soon returned with a few brave and fearless men, and gave orders that, " if attacked, every man dies on the spot."
He took the front and led the way to Sevierville, and Catlett was soon placed in a cell with his two accomplices, Wynn and Tipton. Although a criminal all his life, this was the first time Bob Catlett had ever been placed behind closed bars.
Next day the town was filled with excited people. The White-caps were enraged almost beyond control. Three of their leaders — J. C. Tipton their captain, Bob Catlett the wealthiest man of their order, and
THE WHITE-CAPS. 79
Pleas Wynn, a man capable of committing any crime, were all now languishing behind closed bars.
As their iron-clad oath bound them to rescue a brother at all hazards, a regular pitched battle was expected at any moment. Each side waited for the other to bring on the attack. Fortunately for both, neither side was willing to assume such a great respon- sibility.
When court convened, deputy sheriff Davis was present, with his shot gun, apparently as much deter- mined as ever. The prisoners were given a hearing before Judge Hicks and granted bail, and thus were once more released on the public. -This trial was con- cluded late Saturday evening of the March term of court, 1897.
Monday morning following, deputy sheriff Davis boarded the train at Strawberry Plains for Nashville, where he succeeded in having a bill passed by the legis- lature detaching the Circuit Court of Sevier county from the Second Judicial Circuit and attaching it to the Criminal District of Knox county, presided over by Judge T. A. R. Nelson, thereby preventing Judge Hicks from holding another court in Sevierville. Davis' friends rallied to his support in Nashville. The bill was drawn by Gen. G. W. Pickle, introduced by Hon. Horace A. Mann, and fought to a finish by Hon. John C. Houk. It was a hot contest, and during its progress, the opposition, headed by Hon. Cal. Keeney, made the fight that it was a personal matter between Davis and Judge Hicks, and, besides, it was forcing Judge Nelson upon an unwilling people.
This was not true, however, and Davis so convinced the honorable members of the legislature by returning
80 THE WHITE- CAPS.
to Sevierville on the next train, which place he reached on Monday morning, County court day, in April. 1897. He at once called a mass meeting in the court house, at one o'clock, and opened the proceed- ings with a statement of the object and purpose of the meeting and what was transpiring at Nashville. Reso- lutions were adopted endorsing the passage of the bill, and passed without a dissenting voice.
Time was short. The legislature was drawing to a close. Davis mounted his favorite saddle horse and rode to Knoxville, a distance of twent}7-seven miles, arriving in time to catch a train for Nashville that same evening. Tuesday morning when the legislature met, Davis was back at his post with the resolutions. ' The bill passed and became a law, and Judge Nelson now holds court in Sevierville. This was the third trip that deputy sheriff Tom Davis made to Nash- ville in the interest and welfare of his native county, at his own expense.
CHAPTER XIII.
THE MURDER OF BRUCE LEWELLEN.
Three miles east of Sevierville, on the Flat Creek road, is situated Milican Grove church, and almost within the shadow of this beautiful little country church occurred one of the most blood-curdling mur- ders in the history of White-cap depredations.
The church sets close by the roadside on the north, overshadowed by a neat little grove of oak and hickory trees. On the south side of the road is a thick under- growth of oak and pine, and through the center of this clump of brush and thick undergrowth is a path running directly to the south.
It was along this dreary pathway, on a starless night, in the month of April, 1892, that Bruce Lewellen was plodding his way alone to meet some of his fellow White-caps, little dreaming that he was then making his last foot-prints upon earth and along this familiar pathway which he had so often trodden before. But alas, poor Bruce, he was doomed to meet death that night, for at that very moment two murderers lay in wait, concealed in the bushes close by the roadside, thirsting for the life-blood of their fellow man. The}' were mem- bers of the notorious band of White-caps who had been detailed to commit the bloody crime, and like demons they waited patiently to hear the familiar foot- steps of the young man whose confidence they had betrayed.
82 THE WHITE-CAPS.
Suddenly, and without a moment's warning, a loud report was heard, and Bruce Lewellen fell to the ground a lifeless corpse. His head was filled with buckshot, evidently from a shot gun fired at close range.
David Mitchell, an old man living near by, heard the shot that forever sealed the fate of Bruce L,ewellen, but thought nothing of it at the time, as it was a common occurrence in that neighborhood.
Early the next morning two small boys stumbled upon his dead body as they chanced to pass that way going to mill. The alarm was given, and the neigh- bors gathered in, and he was laid to rest the following day in the Alderbranch cemetery. At the funeral it was whispered around that he had been killed by the White-caps, but everybody seemed to be afraid to talk on the subject.
The circumstances leading up to this tragedy are as follows : Bruce L,ewellen was a White-cap. The White-caps had given his mother notice that they were going to wliip her. Young Lewellen rebelled against them and vowed they should never whip his mother. It so happened that about this time officers and citizens had set traps for the White-caps at Douglass' Ferry and other points. They began to grow uneasy. Their plans were being foiled and their forces began to weaken. That some one was making known their plans was an evident 'fact, beyond any question. Who had more cause for turning informer than Bruce L/ewellen? After a consultation among themselves, it was decided that he was the " traitor " who was furnishing the officers with this information
THE WHITE-CAPS. 83
and thus betraying them into the hands of their enemies.
According to their oath, it was binding upon the organization to put to death any one revealing the proceedings of their order ; hence the decision that Lewellen was guilty of this offence and that immediate steps should be taken to seal his lips forever by send- ing him to eternity.
Their plans were made and Lewellen was summoned to meet them at a point where they had often met before, and only a short distance from where he met death on that fatal night. He was asked as to what particular path he would come, there being many by-paths through the densely wooded forest which he could travel that night. Soon after dark, he stepped out at the front door of his humble home and disap- peared in the inky darkness, never to return. Thus ending the life of a young man who might have led a better life and made a useful citizen had he not fallen into the hands of older men who were, by far, more experienced in the commission of crime.
Bruce Lewellen died for a crime which he had not committed. The information supposed to have been furnished by him was given out by a prominent man of their order whom they had never suspected and one in whom they have the utmost confidence even to this day.
CHAPTER XIV.
THE MURDER OF ELI WILLIAMSON.
At the foot of Webb's mountain, fourteen miles from Sevierville, on the Emert's Cove road, stands an old delapidated log house. On a hot day in July, in the year 1892, William Sneed and Houston Romines were seen walking side by side down the road in the direction of this house. They were talking in a low tone and Sneed was carrying an old-fashioned, long- barrel rifle. On reaching the fence, they halted for a moment, Romines drew a long-bladed knife and walked to the back door while Sneed went in at the front.
Eli Williamson was not a coward, and was not afraid to fight with equal chances. He was unarmed and saw at a glance that he would be overpowered. He rushed to the back end of the house, threw up his hands and begged for his life. Sneed lowered his gun, took deadly aim and fired. Williamson fell to the floor, writhing in pain and expired a few hours later. This was the first murder committed in Sevier county traceable directly to the White-caps.
A few nights previous to this, the White-caps had gone to the home of Julia Ramsey, intending to give her a whipping, but Eli Williamson and Henry Proffit were there that night and opened fire on them. When they attempted to batter down the door, a regular pitched battle followed which resulted in the defeat of the White-caps.
THE WHITE-CAPS. 85
Lewallen Sneed, brother of William Sneed, was shot in the leg in this affray, enraging the Sneeds against the Williamsons, and while his brother was still suffer- ing from the wound received that night, William Sneed avenged him by taking the life of Eli Wil- liamson.
Excitement ran high for a time. The citizens offered a reward of fifty dollars for Sneed, but he succeeded in making his way through the Smoky mountains into North Carolina and is still at large.
This put an end to White-capping in Emert's Cove. The citizens banded together under the leadership of John S. Springs and vowed they would hang the first man caught in disguise.
John S. Springs, who led the opposition in Emert's Cove, was a man of great courage, backed up with an iron will and invincible determination. The White- caps had done no injury to any of his relatives or close friends, yet he did not hesitate to speak out against them. He talked to their faces, saying that " Any man, or set of men, who would go at the dead hours of midnight under the cover of darkness, with masks on their faces, and overpower and drag a poor defenseless woman from her home and lash her back, was a base coward and not worthy of citizenship. Perhaps it would not be out of place to mention in this connec- tion that John S. Springs was foreman of the grand jury when true bills were returned against the mur- derers of the Whaley family, and is now a deputy sheriff under sheriff Tom Davis.
White-capping in Sevier county first began in Emert's Cove, but ceased as abruptly as it began.
CHAPTER XV.
BATTLE NEAR HENDERSON'S SPRINGS.
On a cold November night in the year 1894 the people in the neighborhood of Henderson's Springs were startled by the firing, in rapid succession, of perhaps one hundred shots. They were heard for several miles around and ceased as abruptly as they began. For a moment an oppressive stillness reigned, then the clatter of horses' hoofs and the splashing of water could be heard in every direction. Marauding bands of White-caps were heading for home with the speed of fleet horses, regardless of fences, roads or fords. The nearest routes were taken and the river was crossed that night at points where it had never been crossed betore.
A detachment each of White-caps and a sheriff's posse had met on the battle-field and the White-caps were routed.
All within hearing distance knew a battle had been fought, but what was the result ? No one knew.
Imagine the aching hearts of mother and daughter waiting in suspense for the return of husband, father or brother, or for news from the battlefield.
The particulars were not known until the following day when it was learned that Elijah Helton, of the' sheriff's posse, and Laban Latham and Isaac Keeble, of the White-cap band, were killed, and M. V. Lewellen, of the sheriff's posse, was wounded.
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The causes leading up to this tragedy are as follows : Many outrages had been committed in the neighbor- hood. Among those who had been whipped were Benjamin Farr and Ruth Massey.
Benjamin Farr was an old and inoffensive negro and far above the average of his race in point of intelligence. When the Houk and Gibson congres- sional contest was at fever heat, " Uncle Ben," as he was familiarly known, took the stump for Houk. He was surprised one night to awake and find his bedside surrounded by a number of masked men. He was taken out and after a cruel beating they placed him on a stump, saying :
" Now, d- n you, make a speech for Gibson."
Uncle Ben took in the situation. He was not like a man who could not make a speech. He proceeded with his argument to the satisfaction of all present.
Ruth Massey, wife of James Massey and sister-in-law of Dr. Z. D. Massey, was a beautiful young woman, but, like other unfortunate young women, had strayed from the path of virtue.
The White-caps battered down the door of the Massey home and both husband and wife were taken in their night apparel into the open air. Two men stood with cocked revolvers pointed in the husband's face, two others held Ruth's arms locked around a tree, while two others, one on each side of the unfor- tunate woman, proceeded to lash her with buggy whips. They turned her night clothes over her head, commenced at her feet and took lash about, until they had whipped her from foot to head. The poor woman, in the clutches of the heartless band of hellish demons, said :
88 THE WHITE-CAPS.
" Let me down till I die."
They let her go and she fell to the ground in a swoon. Thinking she was dead they carried her into the house, and laying her on the bed, stayed with her until she regained consciousness.
This was one of the most cruel whippings that had ever occurred in Sevier county, and the people, enraged almost beyond control, longed for an oppor- tunity to avenge the cruel deed.
It came at last. William Brown, a member of the band admitted to their councils, who had been present on some of their whipping expeditions, in an unguarded moment, took into his confidence Benjamin Farr and imparted to him all the secrets and signs of the organization. He also told of their future plans and of a plot to whip James Massey and blow up Pink Rauhuff 's house with dynamite or burn him out with coal oil.
Uncle Ben had no love for the midnight raiders and was not long in communicating this important information to the enemies of the outlaws.
Relying on this information, early in the morning of this eventful day in November, Elijah Helton came to Sevierville and informed sheriff Maples of the pro- posed raid of the White-caps and asked his assistance in intercepting them.
Chancery court was then in session and the sheriff had his hands full, but he deputized Mr. Helton and M. F. Nichols and instructed them to summon all the good citizens in the neighborhood and, if possible, to defeat this devilish plot. The citizens met at Hender-
ASSISTANT ATTORNEY-GENERAL K. A. MYNATT.
THE WHITE-CAPS. 89
son's Springs soon after dark, their plans were agreed upon and they started at once in the direction of James Massey's house.
The conflict took place at a point only one half mile from the famous summer resort, Henderson's Springs, where a narrow road runs around the craggy cliff overhanging the beautiful Pigeon river.
The citizens on duty that night were Elijah Helton, M. F. Nichols, W. A. Henderson, A. W. Nichols, M. V. Lewellen, John Myers and Pink Rauhuff,
They took the road to Massey's house leading around the bluff. M. F. Nichols, Henderson and Myers were about thirty steps in front of Helton and Lewellen. The night was quite dark. Suddenly they met four unmasked men who pulled their hats over their faces and passed in single file on the upper side of the road.
The men in front failed to recognize any of them, and while suspicious, were not certain that they belonged to the band of raiders.
In a moment the four suspicious characters met Helton and Lewellen ; some words were passed which could not be heard distinctly, but a volley of pistol shots were fired, followed immediately by a roar of shot guns. The first shot fired by the White-caps struck Lewellen square in the breast and knocked him off of the bluff.
In the meantime, Helton had emptied both barrels of his shot gun and two of the White- caps fell to the ground. Helton threw out his two empty shells and was in the act- of reloading when James Gibson, a White-cap, rushed up and fired two pistol shots at
go THE WHITE-CAPS.
close range which went crushing through Helton's brain. A regular fusilade of shots from the three men in front compelled the two White-caps yet unhurt to beat a hasty retreat, one of them with two holes in his hat.
This was an unexpected meeting and neither side had their full force present. The main body of the White-caps were assembled in a little grove near Henderson's Springs, while A. W. Nichols and Pink Rauhuff were watching the road a few hundred yards down the river. The firing was distinctly heard by both sides and a stampede followed. Nichols and Rauhuff came running down the road to overtake their friends and suddenly stumbled upon the dead bodies of Helton and Keeble. They did not take time to see who it was, but wheeled around and retraced their steps in double quick time.
I/ewellen started for home, suffering excruciating pain from the wound in his breast. He died a year later of consumption, thought to have been caused by the wound he received that night, as the ball was never located.
Mitchell Nichols and William Henderson left the main road and wound their way around the foot of the bluff and waded the river, up to their necks, at a point where they had never crossed before, All this time they could hear distinctly the pitiful groans of L,aban L,atham pleading :
"Oh, my God; I am shot and dying. Friends come to me."
After crossing the river they stopped again to listen, and Nichols thought he recognized the voice of his
THE WHITE-CAPS. 9 1
brother "Ash." They were almost frozen to death, but stealthily slipped up the river bank opposite to where Latham was lying. With only a narrow stream between them, the groans of Latham fell distinctly upon the ears of the anxious listeners as he cried out :
" Oh, Jim, where are you ! I am shot and bleeding to death."
They soon decided he was not one of their friends and departed for home.
On arriving at home Nichols found that his brother Ash had not returned. All night long he walked the floor exclaiming :
" Oh, my God ! The poor unfortunate man is dying all alone by the river side. Surely, it must be brother Ash."
He could not stand it any longer, and returned that he might hear the voice once more. But a death-like silence reigned over the weird scene and not a sound could be heard save the doleful hooting of an owl that sat on the over-hanging cliff.
His brother Ash was then at the house of Pink Rauhuff fearing that one of the dead bodies over which he had stumbled was his brother Mitchell.
There was an old sack under the dead body of Keeble, containing three White-cap suits, which told plainly his business on that fateful night.
Immediately following this occurrence, feeling ran high in the community. Each family sympathized with one side or the other, and life-time friendships were dissolved. William Brown, the informant, together with Jesse and Isaac Brown, the two latter
92 THE WHITE-CAPS.
having also joined the White-caps, became alarmed and decided to turn state's evidence, which they did, and then in quick succession followed the arrests of Dan Davis, captain of the band, and two of his boys, John Blair, William Wear, George Montgomery, L,on Carnes, John Norton, Henry McMahan and Arthur and John Seatou, all charged with the whipping of Ben Farr and Ruth Massey.
They all waived a trial before a Justice of the Peace and gave bond for their appearance at court. When court convened, in the selection of the grand jury two White-caps were chosen, hence no true bills were found and the men were released.
The White-caps were encouraged by this act and boasted that the court was in sympathy with them and that nothing could or would be done to punish them for their lawless acts.
CHAPTER XVI.
THE MURDER OF TOM GIBSON.
On Saturday evening, early in the month of April, 1895, there came into the little town of Sevierville an old man whose face looked sad and care-worn.
He was not clad in the best of clothes, yet he had an honest face, and a reputation which gave him credit in any store in the town.
Before leaving town he bought a quarter sack of flour, and with a smile on his face he carried it away on his back, with the remark :
"I will have biscuit for breakfast Sunday morning.''
But before the sun rose that Sabbath morning Tom Gibson lay cold in death upon the floor of his humble cabin home.
He was the victim of a band of midnight assassins, known as White-caps, or Grave Yard Hosts, who were on one of their lawless raids. Within a brief space of time his once happy home was broken up and shrouded in darkness and death.
On the night of this cruel murder the White- caps had first visited the home of Jerry Woodsby. Woodsby lived on James Catlett's farm about two miles from Sevierville.
He had been working for Catlett previous to this time, but for some cause, unknown to the writer, had left his employ.
94 THE WHITE-CAPS.
The White-caps surrounded his house and he was told to open the door. Woodsby, surmising what this command meant, refused to do so.
With a heavy fence-rail, in the hands of strong men, the door was soon battered down and Woodsby was overpowered and taken out of the house, and an un- merciful whipping was the result. He was led back to the house, writhing in pain from the cruel lashes that had been laid upon his bare back, and told to go back to work for James Catlett at once, or they would return and double the dose. There was no cause for the whipping of Woodsby except the one stated above.
Soon the band disappeared from the home of Woodsby, and proceeded in the direction of Thomas Gibson's cabin, which was only a short distance away His door was also battered down in like manner. Instantly a half dozen well-masked men stepped inside and informed the old man that they had come to whip his daughter.
The father, no doubt, realized the situation, and knew full well that to resist meant death. ,
Gallic, his oldest daughter, had been the tender care of the old man for many years. He had toiled in the heat of summer, had struggled along through the dreary months of winter, and had gone through many hardships that his little family might not go in want. He had looked into the face of his prattling babe, had seen her pass through the halcyon days of child-hood and girl-hood, and had now just reached young woman- hood. After enduring the hardships of many years, he must now either stand by and see his oldest daughter subjected to a cruel beating at the hands of an unmerci-
THE WHITE-CAPS. 95
ful baud of outlaws, or make a feeble resistance. He chose the latter, and died like a hero, defending his humble home. Tom Gibsqn was a poor man and had neither gun nor pistol at his command. He rose with a chair in his hand, and was just in the act of dealing the captain of the band a blow, when the contents of a double-barreled shot-gun was discharged, striking him squarely in the breast.
He reeled and fell backward and expired without uttering a word. The White-caps remained only for a moment and then disappeared from the scene of their awful crime, leaving their victim lying upon the floor, weltering in his blood.
The wife and daughter, in the meantime, had gone out at the kitchen door and made good their escape. It was a dark, gloomy night, and after a long and weary tramp they found their way to a neighbor's house. But no one dared go near the place until next morning.
As soon as the news reached Sevierville, which was early the following day, Sheriff Maples, Dr. Massengill, Dr. Walker, Judge Houk and many others left for the scene of the murder. The people in Sevierville were slow to believe that such a horrible crime had been committed within two miles of the little town, and yet not hear of it until the following day.
Sheriff Maples and his posse were not long on the way to the Gibson home, and returned, perhaps, in less time than it had taken them to go. Their blood boiled as they gazed at the scene. All night long he lay in a pool of blood, and not a friend had dared to give the heart-broken family any assistance, for fear that they too would meet a like fate.
96 THE WHITE-CAPS.
On the return of sheriff Maples the first report was verified, and the news spread like wildfire. The whole town and surrounding country was wrought up over this crime committed by the White-caps.
A determined effort was made to spot the guilty parties. The only blood hounds in the county were owned or controlled by William Wynn. He was appealed to for assistance, but refused to go, or even let his dogs go.
County court met in a few days, and sheriff Maples asked for an appropriation to buy a pair of blood hounds. It was discussed quite freely among the jus- tices. During the discussion, deputy sheriff Tom Davis arose and sai4 :
"This court has just appropriated a large sum of money to build a new court house. Crime after crime is being committed by a band of White-caps, and to invest a small sum of money in a pair of blood hounds to run them down, and thus regain the good name of Sevier county, would be of vast more importance to the county than a new court house to try them in."
The vote was taken and the money appropriated.
But the White-caps saw danger approaching, and a hasty consultation was held, in which it was decided that some immediate steps must be taken to bar this appropriation.
Accordingly a bill was filed in the Chancery Court, by Jesse Atchley, to enjoin the county court from making this appropriation.
The Chancery Court did not meet for six or eight months, and when it did meet the court decided in
THE WHITE CAPS. 97
favor of the complainants. Thus the White-caps scored another victory.
By this time the excitement had subsided to some extent, and it was hoped that the White-caps would see the error of their way and refrain from the com- mission of other outrageous murders.
But such was not the case, as you will see from reading the following chapters.
The alleged cause for the attempted whipping of Gibson's daughter was that she was not living up to the moral standard demanded by a few Sevier county toughs. And toughs they were, for by this time^all good men who had once favored white-capping, had seen to their own sorrow that it was a great mistake.
From the best information that can be had we do not doubt but that the young daughter of Gibson had strayed from the path of virtue. Yet she was Tom Gibson's daughter and at home under the parental roof, and as near and dear to him, dear reader, as your daughter is to you.
CHAPTER XVII.
MURDER OF AARON M'MAHAN.
Among the many murders in Sevier county growing out of White-capping, none perhaps has been so bold and reckless as that of Aaron McMahan who was shot and killed from ambush in the month of July, 1896, by Newt Green and West Hendricks.
There is no doubt that this murder was instigated by the White-caps, and that Green and Hendricks were full-fledged members of that organized band of outlaws. The facts leading up to this murder are about as follows :
Aaron McMahan. who was killed as above stated, lived in the Sixth district of Sevier county in what is known in East Tennessee as Wear's Valley, one of the most beautiful little valleys in East Tennes- see, nestling as it does at the foot of the great Smoky mountains, and claiming for its citizenship many of the best citizens of Sevier county.
Among them was Aaron McMahan, a substantial farmer and a hard-working, industrious man. He was about fifty years old and had a wife and a large family of children, some of whom were grown up and married and had family circles of their own, while his youngest was an infant at the mother's breast.
Green and Hendricks were cousins and McMahan was their uncle, his wife being a sister of Green's father and Hendricks' mother. Green and Hendricks
THE WHITE-CAPS. 99
lived near each other in the hills about three or four miles north of Wear's Valley, near Pigeon Forge, which place has had more White-caps than any other locality in Sevier county, according to accepted reports.
McMahan's daughter had married James Clabough, a poor but respected citizen of the county, who, at the time of the murder and prior to that time, had been living in what is known as the L,ittle Cove, near to the home of Green and Hendricks, and on the public road leading into Wear's Valley.
Clabough's wife had been accused by the White-caps of not being virtuous, and as they felt called upon, under their code of morals, to correct all unchaste conduct in their neighbors, they had, only a short time before the killing of McMahan, gone to the Clabough home, dragged Mrs. Clabough out of bed and house in the night and administered to her an unmerciful whipping.
The McMahan family were, of course, aroused over the matter and expressed their opinion freely against the White-caps and the cowardly night attacks on defenseless women.
Green and Hendricks, with others, were accused of being in the gang that had whipped Mrs. Clabough, and prosecutions and trials had grown out of it, one of the trials occurring before J. A. Tarwater, Esq., in Wear's Valley, on the day before the murder.
The next morning after the trial, Aaron McMahan, his son Amos, and James Clabough, his son-in-law, with a two-horse wagon loaded with wheat, went to the Pigeon Forge Mills. While at the mills waiting to
100 THE WHITE-CAPS.
have their wheat ground, some of the White-caps came up and they all became engaged in a general quarrel growing out of the whipping of Mrs. Clabough.
About the middle of the afternoon, McMahan, his son and son-in-law, started for their home in Wear's Valley, about eight miles distant. As they were pas- sing through L,ittle Cove, about four o'clock, in a lonely and secluded place with hills and dense woods on each side of the road, two gun shots suddenly rang out on that July evening which cost Aaron McMahan his life and dangerously wounded his two companions.
The horses, frightened by the gun shots, instantly became unmanageable and ran away. The elder McMahan, although having received his death wound, was conscious of what was happening, yet was power- less to stop the flying steeds, while Clabough received a wound in the back of the neck which so shocked him that he fell from the wagon unconscious and was left lying prostrate in the road. The younger McMahan, while not seriously wounded, having only received a flesh wound in the leg, was so dazed and frightened that he failed to realize the condition of affairs.
The team, however, was stopped by some parties who met it, and the wounded men taken to the nearest house, which was John Myers'. The news soon spread from house to house until the whole commun- ity was aroused and had gathered at the place where the wounded men lay. Dr. Massey, of Sevierville, was at once sent for and did all he could to allay their suffering. Clabough and young McMahan recovered,
THE WHITE- CAPS. lot
but Aaron McMahan, after lingering and suffering untold agonies for about ten days, died with the declaration on his lips that Newt Green and West Hendricks killed him.
It was, indeed, a heart-rending scene to see three inoffensive, law-abiding citizens of the county lying prostrated upon couches with blood issuing from ghastly wounds which meant certain death to one of them. The groans of the men, shot down in broad day light, without cause and without notice, mingled with the piteous cries of wives with babes in their arms and little children clinging to their skirts in terror, brought tears to the eyes of the stout-hearted men who had gathered around the house in large numbers, and they no doubt vowed in their hearts that the cowards who had committed this foul murder should be pun- ished, and that White-capism in Sevier county must cease.
The good resolutions there formed were kept, for West Hendricks and Newt Green are now serving an imprisonment of twenty years in the state peniten- tiary, and the White-cap organization is now extinct and its leaders scattered.
There is no doubt as to the guilt of Green and Hendricks. They planned and perpetrated this bloody broad da)7light assassination, and the only wonder is that a jury should return a verdict of murder in the second degree and fix their punishment at twenty years in the penitentiary instead of condemning them to pay the penalty on the gallows.
Green and Hendricks were seen on the day of the murder near the place where the shooting occurred
102 THE WHITE-CAPS.
with guns, and were passed by McMahan and his asso- ciates that morning on their way to the mill at Pigeon Forge.
Aaron McMahan said from the very first that Green and Hendricks had shot him ; that he heard a noise in the woods near the roadside, and just as he looked around and saw them their guns were discharged ; that one was a rifle and the other a shot gun. To this statement he adherred unequivocally until he died, having made two or three formal dying declarations to this effect.
The accused men were at once arrested and given a preliminary hearing before Esquires J. A. Bryan and J. A. Tarwater who first held them to court under heavy bond for felonious assault, but after Aaron McMahan died a new warrant was issued charging them with murder, and they were held to court by J. R. Houk, Esq., without bond. They applied after- wards for bail under writ of habeas corpus before Judge Hicks, but it was denied them and they remained in the Sevier county jail until they were tried at the March term, 1897, of the circuit court, which resulted as above stated in a sentence of twenty years in the penitentiary. Pending an appeal to the supreme court, Green and Hendricks with a number of other prisoners overpowered the jailer, H. D. Bailey, and made good their escape.
Among those who made their escape with Green and Hendricks was the notorious George Thurmer, who is well known in criminal circles and who was afterwards recaptured in the state of Kentucky by deputy ^sheriff Tom Davis, who has so long been a
THE WHITE-CAPS. 103
terror to criminals in Sevier county and especially to the White-caps.
After their escape from jail, Green and Hendricks scouted in different parts of Sevier county, but most of the time in the hill country around Pigeon Forge and Ivittle Cove where they were harbored and pro- tected by their White-cap friends and sympathizers.
Many were the stories that were afloat during the summer of 1897 as to the boldness with which these two criminals travelled over the community and along the public highways, sometimes at work in the fields and at other times attending public gatherings in the community and yet not discovered or recaptured by the officers of the law. To what extent these reports are true we do not know, but it is safe to say they played a bold hand, and, backed by their White-cap associates and sympathizers, they played the Jesse James act pretty well in defying the officers of the law.
Much interest was centered in the trial of these two White-cap murderers. J. R. Penland, Esq., who has shown a keen interest in putting an end to White- capping in Sevier county and restoring to her and her people the good name they formerly bore, was retained by Aaron McMahau, prior to his death and after he had received his death wounds, to prosecute his slayers.
He undertook the duty and prosecuted the case with all the vigor and ability characteristic of this well known lawyer. The defendants were represented by W. W. Mullendore, Geo. L. Zirkle, W. G. Caton and A. M. Paine, an able array of counsel, but with all their ability and all the aid which the White-cap
104 TH]B WHITE'-CAPS.
organization could bring to them in the way of proof and witnesses, and in the selection of jurors, yet a jury of twelve men said that they were guilty and should suffer for their bloody deed.
As before stated, it is difficult to see how the jury could return a verdict of murder in the second degree when the facts seem to make it a most aggravated case of murder in the first degree, yet it is just one of those unexpected results which often occur in jury trials.
While Green and Hendricks, after their escape from jail, had remained for several months among their friends in Sevier county secure from the officers of the law, yet they concluded that it would be safer for them to roam in different fields, and it is said that during the July term of the circuit court in Sevierville, 1897, they boldly walked into the town after dark and, with friends, hired a hack from a livery stable and drove to Knoxville that night and on the following morning boarded the west bound train for the L,one Star state.
The chief cause of their sudden departure from this section is supposed to be the presence of Judge Nelson who was to hold the Circuit Court of Sevier county in the place of Judge Hicks. It was under- stood by the White-caps, whether true or not; that the new judge was sent there especially to deal with them, and it seems that his presence did strike terror in their ranks.
So Green and Hendricks made up their minds to leave at the time stated, but it is asserted on reliable authority that several important meetings were held
THE" WHITE-CAPS. 105
prior to their departure in which it was decided to do some desperate things. At one of these meetings it was agreed that Dr. Massey, who was an important witness against Green and Hendricks on their trial, J. R. Penland, who had prosecuted them, and Tom Davis, whom they hated worse than Satan, should all be put to death, and that Green and Hendricks were the ones delegated by the mystic order to execute this desper- ate scheme.
One of the White-caps gave out this story, whether true or not, by informing one of the parties that such an agreement was made and such an order given in their meeting. He told of the time and manner in which the crime was to be committed in order that he might be on guard and protect himself against his would-be assassins, as the informer wras a better friend of his than of the White-caps. In this way the three named gentlemen were put on their guard and no doubt would have given their assailants a warm recep- tion if they had been attacked, but on that very night Green and Hendricks left Sevier county in the manner above stated.
It is to be hoped that the above story was not true, but if they would deliberately waylay the McMahans in broad daylight and without warning murder them, would they not be equally willing to wreak vengeance on others, especially when urged and ordered to do so by the organization .which had sheltered them in their extremity ?
No doubt the White-cap organization, and particu- larly some of its members who almost felt the halter tightening around their necks, were especially anxious
106 THE WHITE-CAPS.
to get rid of the three men marked as the victims of that midnight conspiracy. But even some good may come out of Nazareth. As bad as the White-caps were and whatever bad there was in the one who revealed this murderous scheme, yet he is to be com- mended for having averted a crime which would again have blackened the character of Sevier county.
We close this chapter by saying that a condition of society that will allow men to be shot down in broad daylight on the public highways while following their lawful and peaceful avocations, and after-ward to shield and harbor the perpetrators in the community where it is done is an appalling state of affairs indeed. And yet such was the history surrounding the murder of poor Aaron McMahan.
HENDRICKS. SHERIFF DAVIS. GREEN.
CHAPTER XVIII.
CAPTURE OF GREEN AND HENDRICKS.
The capture of Newt Green and West Hendricks was the last and most important capture made by Tom Davis while deputy sheriff of Sevier county. Green and Hendricks were two notorious White-caps, and murderers of Aaron McMahan, as detailed in the preceding chapter.
They were arrested soon after the murder, by sheriff M. F. Maples and deputy sheriff R. C. McGill, and placed in the Sevierville jail. They, however, were not satisfied with their accommodations and soon afterwards made their escape. For many months they ran at large, spending most of their time in the moun- tains of Sevier county, near their old home, where they knew every by-path and had plenty of friends.
Sheriff Maples and his deputies laid many plans and set many traps for these two wily offenders, but Newt and Wes, as they were familiarly known, were " slick ducks," and many times when the officers were elated over the prospects of their capture it was found, to their great surprise, that some gap had been left open and their game had fled.
Newt and Wes were naturally shrewd, and there was no one who could endure more hardships than either of these mountain boys. The country surround- ing their old home was one continuous range of rugged mountains. This and their many friends afforded them great protection from the officers of the law.
110 THE WHITE-CAPS.
But by and by the officers made it too hot for them and they "pulled their freight" for parts unknown.
On Wednesday, during the July term of the Circuit court, 1897, the town of Sevierville was thrown into great excitement over the current report that Tom Davis, attorney J. R. Penland and Dr. Z. D. Massey were to be killed that night. Newt Green and Wes Hendricks were detailed to do the job. It was a well- laid plan, and had it not been for a friend of Dr. Massey, who was a member of the lawless band, giving him timely warning, the plan would no doubt have been carried into effect, and, perhaps, remained a mystery forever. For who would have suspected Green and Hendricks, who were then hiding in the mountains to avoid capture, of committing another crime, equally atrocious?
Judge Nelson learned of what was happening and ordered sheriff Maples to summon a posse of men to intercept Green and Hendricks and capture them at all hazards, dead or alive.
Sheriff Maples lost no time in calling his men together. A consultation was held and his forces divided, sending Tom Davis with a part of them on one road, while he took the remainder and started up the west prong of the river. It was a dark, dreary night. Two miles up the river, Sheriff Maples met some suspicious parties, on top of a hill. Neither party spoke. The sheriff and his posse rode to the foot of the hill, held a hasty consultation and decided to follow, as they were going in the direction of Sevierville, and, if possible, learn their mission. Evi- dently, the other party had also decided to watch the
THE WHITE-CAPS. Ill
sheriff's party, as both met again on top of the hill, the same spot where they had met only a few minutes before.
Sheriff Maples and his men dashed to the foot of the hill, dismounted, and on foot slipped around to the other side of the hill just in time to see the other party fording the river at a break-neck speed, having left the main road ; and soon after, the clatter of hoofs died away in the distance. The sheriff and his men returned to Sevierville, and everything was quiet once more.
Green and Hendricks left that night for parts unknown. But soon their old enemy was again on their trail. Tom Davis disappeared from Sevierville also, and for three long weeks he traversed the moun- tains of western North Carolina in a vain effort to capture these notorious outlaws who had so often boasted of their success in eluding the officers of the law. Tom's failure did not discourage him in the least. He was not disheartened, but on the contrary, vowed he would yet capture Green and Hendricks. His ever-restless spirit nerved him on to greater effort and final success.
Weeks went by and, apparently, no effort was being made to apprehend these two outlaws. Davis, how- ever, was working a clew which finally led to their capture. Again he disappeared, and not a friend knew his whereabouts, except his brother-in-law, Andrew L,ove and Dr. Z. D. Massey. He was on his way to Texas, feeling sure of success. In due time, he reached Paris, Texas, in complete disguise as a book agent. His disguise, perhaps, was more like the garb
112 THE WHITE-CAPS.
worn by members of the Salvation army, as he was frequently asked if he was a captain of that organi- zation.
The sheriff of Paris tendered him a cordial welcome, but where were Green and Hendricks? They had disappeared, and not a trace of them could be found.
Dr. Z. D. Massey, a relentless enemy of the White- caps and a life-long friend of Tom Davis, was working the other end of the line. A telegram came :
" Your men at Honey Grove. — Z. D. MASSEY."
Tom arrived at Honey Grove7 thirty miles beyond Paris, at sunset the same evening. Officers were anxious to lend a helping hand, and the whole country for miles around was scoured. But again the game had flown. Green and Hendricks had been seen about there, but had disappeared as completely as though the earth had opened and swallowed them.
In the meantime, the two outlaws, becoming uneasy, had boarded a freight train, at midnight, and were on their way back to New Boston, over the same road they had travelled a few days before. Davis received another telegram :
"Your men at New Boston, going by the names of Prank Nolan and Charley Harrison. — Z. D. MASSEY."
The news came too late to catch the passenger train that night, so he undertook to board a freight train, but the conductor told him that he was a new man and that the old conductor had been discharged for allowing two strange men to ride to New Boston a few nights before. Tom's face lit up as he exclaimed "Where is that man?"
THE WHITE-CAPS. 113
The man was found and furnished an accurate description of the two men wanted. Tom grew more anxious than ever, and was at the depot next morning long before the train was due. He arrived at New Boston where he found the deputy sheriff, Ed Lynch, waiting his arrival. But the officers were out-done again. Green and Hendricks had arrived in the night, disappeared in the night, and left no trace behind.
For several days the two officers scoured the country together, but in vain. The trail had been completely lost. The local officers gave up the chase and returned to New Boston.
Deputy sheriff Davis began preparing to return home. He had kept up his courage all the while. For eight long months he had followed their foot steps over the rugged mountains of East Tennessee, and now he was trying his hand with them on the plains of Texas and had been out-witted.
But " fortune favors the brave." While standing at the depot, waiting for a train, a cattle trader came riding into town. Deputy sheriff Lynch said " There goes a man who has been all over eastern Texas, buy- ing cattle. He is a man who never forgets a face."
This man, when questioned about the fugitives, said, "Yes, I have seen your men, eleven miles from here, going in the direction of Indian Territory."
No time was lost. The two officers and the cattle buyer, seated in a hack, were off at once in hot pursuit. At Red river they met an old-time darkey, who, in response to questions asked him, replied, "Yes, sir, boss. Til tell you ; they're right over there in that cotton gin, right now."
114 THS WHITE-CAPS.
The last plan was laid. The officers crossed the river and the cotton gin was surrounded. Green was arrested first, and when told by deputy sheriff Lynch hit he was wanted at Texarkana, hung his head a moment and then said :
" Hell, I've heard that old tale before. We ain't done anything at Texarkana. I guess, by G — d, Tom Davis wants us in Tennessee."
He glanced over at the othfer two officers and said : " Hello Tom, by G — d, you've got your mustache blacked, but I know you."
The two prisoners were hand-cuffed together and they started at once on the return trip to New Boston, Green and Hendricks singing " Take me back to Ten- nessee ; there let me live and die."
They had been trapped at last, and deputy sheriff Tom Davis returned home with his two prisoners in charge and his ambition satisfied. He had paid out, in all, one hundred and sixty-five dollars, but sheriff Maples, always willing to share the burdens, tendered his worthy deputy a hundred dollar check.
CHAPTER XIX.
THE CAPTURE OF GEORGE THURMER.
George Thurmer is a noted criminal and a native of Knox county. At the time of his connection with Sevier county depredations, he had just returned from serving a term in the penitentiary for the murder of policeman Hoyle in Knoxville.
George was a shrewd fellow, a free drinker, an expert gambler and by no means a coward. These were the qualifications which recommended him to the White-caps as a suitable member for their mystic order. Soon after his arrival in Sevierville, standing within fifty feet of the court house, he took the required oath, which was administered to him by Catlett Tipton, the captain of the Sevierville band, who is now under sentence of death for the murder of Wm. Whaley and wife.
Soon after his admission to the order, John Burnett, an old pensioner, was robbed. George Thurmer, along with several others, was indicted for this crime. George succeeded in eluding the officers for some time, but was finally captured in Knox county by Tom Davis and returned to Sevierville, where he was placed in the County jail. For this capture Davis is indebted to sheriff J. C. Groner and C. A. Reeder who rendered him material assistance. George was too fine a bird to remain long in a cage. So, one day, when the jailer was just in the act of handing him his breakfast, George seized him while others took the keys from him, and they all made good their escape.
Il6 THE WHITE-CAPS.
Again he eluded the officers for several months. But one day while down in a hole digging a founda- tion for a trestle, near Pineville, Ky., he was startled by hearing a harsh voice commanding him to throw up his hands. On looking up he saw an officer standing over him with a forty-four calibre pistol pointed square at his breast. George smiled and said " That's |all right, sir," and his hands went up. The officer was ex-chief of police of Pineville, Ky. He was then asked if his name was Charley Wilson.
" Yes, sir."
" Is your name Pet Thurmer ? "
" Yes, sir."
" Is your right name George Thurmer? "
"Yes, sir."
George then, in turn, began to question the officer :
" Where is Tom Davis ? "
By this time Davis was fast approaching from the other end of the trestle. Turning him around, the officer asked, " Do you know that man coming yonder? "
" Yes, by G — d, that's Tom Davis now. I dreamed last night he walked right up behind me in a saloon. I grew uneasy and was fixing to leave as soon as pay day come, but its too late, now. I guess I'll go back to Tennessee with Tom. He's a good fellow, and always pays my fare when we travel together. This is twice he has captured me, and if I ever get out of that old jail again he will never see me any more, for I will go up in a balloon, cut her loose and leave no trace behind."
THE WHITE-CAPS. 117
The two officers had laid in wait for George the night before at Pineville, but he failed to put in his appearance. So, mounted on two good horses, they made their way down on the south side of the Cum- berland river to a point just opposite the trestle, where George was at work. Fording the river before daylight and hitching their horses under the river bank they placee themselves one at each end of the trestle and waited for Thurmer to come to the works. George walked into the trap, was captured and returned to the Sevierville jail once more.
CHAPTER XX.
THE MURDER OF WILLIAM AND LAURA WHALEY.
The greatest crime for which Sevier county must answer is that of the double murder of William and L,aura Whaley in their cabin home two miles and a half north of Sevierville on the night of December 28th, 1896. It was the work of paid assassins, and is one of the most cruel crimes on record. For it, Pleas Wynn and Catlett Tipton are to pay the penalty on the gallows, and Bob Catlett and Bob Wade have yet to be tried as accessories before the fact.
William Whaley was a mountain lad and a farmer. He married Laura McMahan. The parents of both were poor but respectable.
Bob Catlett was one of the largest farmers on the French Broad river and one of the largest tax payers in Sevier county, living six miles west of Sevierville. For years he had exercised a controlling influence over affairs in the county and had to his credit much that was bad.
Pleas Wynn is the son of Captain E. M. Wynn, and has a good wife. He was never known to do a whole day's work, but loafed about town, sometimes fishing and hunting for pastime.
Catlett Tipton was also a man of family who worked at odd jobs about town and was a "pal" of Wynn's.
Bob Catlett, Bob Wade, Pleas Wynn and Catlett Tipton were members of the White-cap band in Sevier-
THE WHITE-CAPS. IIQ
ville, which may account for their joint participation in this horrible crime. Catlett Tipton was the captain of the band.
THE MOTIVES WHICH PROMPTED THE MURDER.
Every crime has a motive, and sometimes, as in this case, is started from a most common and insignificant circumstance — simply the leasing of a small cabin and tract of land.
In December, 1895, William Whaley leased of Bob Catlett a tract of land and with it the occupancy of a small house, the rental value of which was to be paid by a portion of the crop raised on the place. At the time of this transaction, the cabin was occupied by Walter Maples. It is located on the Knoxville and Sevierville pike, near the residence of Bob Catlett.
Whaley and his wife appeared on the day fixed by Catlett for them to take possession of the leased premises, but Maples refused to vacate.
Catlett then gave them another house- to live in until Maples could be dispossessed. Maples proved to be a contumacious tenant, although Whaley made fre- quent demands of Catlett for possession.
One night Catlett and his wife's brother, Bob Wade, appeared at the cabin where Whaley was temporarily quartered. Catlett gave Laura Whaley a sheet of paper and, with his gun pointed at her, demanded her to write a White-cap letter to Maples requiring pos- session of the house. Laura bravely refused, but when she looked toward her husband and saw that he was also covered by a gun in Bob Wade's hands, and believing Wade's warning that Catlett was drunk and
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would kill her if she did not, she finally consented. Catlett gave her a notice to copy which read as follows :
" WALTER MAPLES :
" If you do not move out of this house in five days, the penalty of the White-caps \ ill be visited on you. The time is half up now.— WHITE-CAPS."
" D n you, don't dot your i's and cross your t's,"
said Catlett to the poor woman.
He then administered to L,aura the fearful oath of the order, which meant certain death if any of the secrets of the clan were revealed. He then demanded of 1/aura one of her dress skirts which he put over his head as a disguise, and he, Wade and William Whaley, who at the point of a gun was forced to accompany them, proceeded to Maple's cabin, where Whaley was forced to nail the notice on the door.
Stones were thrown at the house and Catlett fired a load of buckshot through the chinks, some of the shot going into the bed in which Maples, his wife and children were lying in abject terror.
A few days after this occurence, Maples, who was convinced of the unhealthfulness of the locality, moved to more congenial quarters, and Whaley took possession of the property.
LAURA WHALEY VIOLATES THE WHITE-CAP OATH.
It has been observed that Laura Whaley had some education and could write; her husband, therefore, who was illiterate, depended upon her to keep an account of his working days and the amounts due him.
THE WHITE- CAPS. 121
Early iii the spring, Whaley had bought some hogs of Catlett for which he gave him a bill of sale to secure the payment, which was duly recorded in the county register's office.
Whaley raised a crop of corn on the leased land, bes'des working many days for Catlett for which he had received no pay. In September, L,aura informed her husband that the work which he had done for Catlett was sufficient to pay for the hogs. In the following month Whaley sold the hogs to meet other financial obligations.
Catlett heard of it and rode over to Whaley's house, where he found him gathering his corn. He ordered him to " let the corn alone," and began cursing and and abusing him for having sold mortgaged property, and threatened to have him arrested. Whaley told him of the number of days he had worked for him which he supposed paid for the hogs.
Catlett was implicable, however, and procured a warrant for Whaley's arrest. Whaley heard of the issuance of the warrant and informed his wife.
Laura Whaley at this time was about to be confined, and this information, coupled with the fact that her husband had acted upon her suggestion, so worried the poor woman that a daughter was prematurely born.
Rou. Catlett, Bob Catlett's daughter, a young school teacher, who had the reputation of being a good, kind- hearted and Christian woman, called at the Whaley home to console and congratulate the young mother. It was a neighborly, humane act, and so sympathetic was the young teacher that it touched the heart of the sick woman ; so much so, that she told her of the
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criminal warrant and also of the fearful ordeal through which she passed on that eventful night when her father compelled her to write the White-cap letter and administered to her the fearful oath.
It is said that Rou. Catlett had a stormy scene with her father that night. She pleaded and entreated her father not to prosecute Whaley. The appeals of a dutiful and loving daughter finally prevailed, and Rou. obtained the coveted promise. Accordingly Catlett notified William Whaley that he would drop the crim- inal proceedings against him and cancel the mortgage.
" For this you shall die," he said to I/aura Whaley ; and ordered them to leave the premises next day.
Mrs. McMahan, who was visiting her daughter for the purpose of attending her during her confinement, had advised her to threaten Catlett with a revelation of the White- capping of the Maples house and use it as a leverage to persuade Catlett to abandon the crim- inal proceedings; but, overcome by the sympathetic conduct of Catlett's daughter, instead of making the threat as her mother advised, she told all the particulars to his daughter and violated her oath of secrecy.
The next morning William Whaley placed his wife on a bed in his wagon, and with her child, " Mollie Lillard," only six days old, moved them to a cabin on a hillside nearly half a mile back of the farm house of Captain E. M. Wynn, the father of Pleas Wynn.
Whaley never received his share of the corn, nor twelve months after the bill of sale for the hogs had been signed had the mortgage been released on the the records of the county.
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In some manner the confession of Laura Whaley leaked out, and deputy sheriff Davis subpoenaed Wil- liam and Laura Whaley to appear before the grand jury at the November term of the court, 1896.
Whaley and his wife went to the court house in Sevierville, taking with them Lizzie Chandler, an elder sister of Mrs. Whaley, and the child, Mollie Lillard.
Laura Whaley went before the grand jury, and the oath to tell ' ' The truth, the whole truth and nothing
CABIN ON THE WYNN FARM.
but the truth, so help you God," was administered. It was too impressive and awe-inspiring to be disre- garded, though she knew that it would place her life and that of her husband and child in jeopardy. The conduct of this poor woman, under these trying cir- cumstances, was simply heroic. She followed the plain path of duty unhesitatingly and fearlessly, regardless of the dangers which threatened her.
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When she returned to the office of the circuit court clerk, where Lizzie Chandler, with the child, awaited her, she said to her :
" Lizzie, as I came through the hall I met Bob Cat- lett and Bob Wade. They will kill us."
Catlett and Wade were indicted for the " Rocking of the house of Walter Maples and for shooting at it." They were arrested and gave bond. Laura Whaley had violated the White-cap oath. The penalty was death.
PREPARATIONS TO LEAVE THE COUNTY.
So impressed were the Whaleys with the idea that they would be killed by or through the efforts of Bob Catlett that they decided to move to other climes, where they would be free from molestation.
Mrs. McMahan, the mother of Laura, lived with her husband at Coal Creek, Tennessee. This fact induced William Whaley to go to this place in search of work, which he found.
As soon as he had accumulated a sufficient amount of money, he returned to his wife and child for the purpose of moving them to their new home.
Lizzie Chandler, having discovered that John Chand- ler, her husband, was a worthless and thriftless fellow and a degenerate White-cap, had left him and was living with the Whaleys when they went before the grand jury. She remained with her sister during Whaley's absence at Coal Creek.
On his return he found his wife and child and Lizzie as he had left them a month previous. Before he could carry out his intention of moving his family to
THB WHITE-CAPS. 1 25
Coal Creek, he was taken sick with a severe attack of the grip, and was from that time to the night of his death a very sick man.
THE ASSASSIN HIRED AND ALIBI ARRANGED.
So determined was Bob Catlett to execute his threat against the Whaleys, that he formulated many plans and had frequent consultations with many of the White-caps. Finally he offered Catlett Tipton two hundred dollars to commit the crime. Tipton con- fessed the offer but denied the acceptance. It was offered to others, but declined. Pleas Wynn, however, accepted the offer and agreed to commit the murder.
Catlett Tipton bought a box of shells containing bird shot, and also some dynamite, several days before the murder.
On the day of the murder, Monday, December 28th, 1896, Bob Catlett was in Sevierville and had frequent consultations with Pleas Wynn and Catlett Tipton. Early in the afternoon he started for North Carolina with some horses which he said he wanted to sell. The route taken by him was through the mountains, stopping that night with George Roland, in Jones' Cove, sixteen miles from Sevierville. He sat up until a late hour talking for the purpose, as subsequent events show, of establishing an alibi, should one be necessary. *
Wynn and Tipton, in order to prove an alibi, had made an appointment with several persons to fish that night in Hardin's pool, less than a mile south of Sevierville, on the west fork of the Pigeon river, adjacent to the public road and near a farm house. One of the parties went to Sevierville, according to
126 THE WHITE-CAPS.
agreement, and was there when the court house clock struck five. He says that neither Wynn nor Tipton could be found.
THE MURDER.
Just on the edge of Sevierville and close by the bridge over the east fork of the Little Pigeon river, stands a small one-story frame house, where the Jenkins boys ran a "blind tiger" — selling liquor illicitly.
At five o'clock on the evening of the 28th of Decem- ber, just at dark, Pleas Wynn entered this house and went into the back room where the liquor was kept. He wore a long blue overcoat that reached nearly to the ground, and he bought a bottle of whiskey which he put in his pocket. He asked Joe Jenkins to lend him his shot gun, but it had already been loaned to other parties. Going into the room where Jap. Jenkins was, he picked up a revolver, and, putting it in his pocket, said :
"I may have need of this."
He then went out at the back door and on to the stone abutment of the bridge.
From the facts adduced and the nature of the ground about the bridge, Wynn must have gone down the east bank of Little Pigeon river to the old ford, a mile below town, where he was joined by Catlett Tip- ton, who had crossed the river at this point in a boat belonging to Mark McCowan. They then followed a foot path to the cabin occupied by the Whaleys.
Wynn knew this path well. It was on his father's farm, and soon after his marriage he had moved into
THE WHITE-CAPS. 127
this same cabin, and had therefore traveled this path many a dark night.
Less than a quarter of a mile from this cabin lived the mother and brother of William Whaley, in a cabin not unlike the one in which William lived. Near Wil- liam Whaley 's cabin was a stable and corn crib. In one of these Wynn and Tipton concealed themselves for the purpose of making observations, for a noise coming from this direction was heard, about this time, in the cabin and John Whaley, who was at his brother's house, went out to discover the cause of it. He found nothing to arouse his suspicions, however, and re-entered the cabin.
After a stay of only a few minutes, John went home. While at supper he heard two shots in the direction of his brother's house, and, hastening back, he found the dead bodies of his brother and sister-in- law lying on the floor, but the murderers had disap- peared.
It was about seven o'clock when John left his brother's house and went home to supper. Laura then undressed for the night and laid down on the bed with her sick husband and sleeping child. Lizzie Chandler occupied a bed in the opposite corner of the room. In the fireplace a bright fire was burning.
Suddenly the front door was burst open and two men entered, one unmasked and Apparently unarmed, the other masked and carrying a gun. The first men- tioned intruder was a man of medium height and had a mustache (Tipton), the other, the more conspicuous of the two from the fact that he wore a mask and carried a gun, was a low heavy-set man wearing a blue over-
THB WHITB-CAPS. 129
coat which reached almost to his feet. Stooping down for some purpose, his mask parted from his face and the fire-light revealed his side-face to Lizzie Chandler, whose eyes were riveted on the man with the gun. Pleas Wynn was the "man with the mask," and he had assumed the responsibility of committing the crime.
"If you have come to kill us," pleaded William Whaley, " we will do anything you say : but spare our lives."
" O, Lord ! O, Lord ! If you have come to kill us, let me give my little baby to my sister before I die," was Laura Whaley's appeal.
It was apparent that she realized her death was a certainty, hence mother-like her last moments were directed in an effort to secure the safety of her baby. She recalled the fearful night when Bob Catlett had compelled her to write the While-cap letter, and his warning at that time when he said :
"We are all in this, we will die with you in this," meaning the White-cap oath. She also remembered that on the night he agreed to release the mortgage and dismiss criminal proceedings against her husband, he added " For this you shall die."
She knew that through the instrumentality of these two men, Bob Catlett was now keeping his word. She also knew of previous murders by the White-caps, and therefore fully realized her peril. There was no way of escape. She and her husband were defenseless. It was best to die quickly and end the agony.
She got out of bed and, taking her babe in her arms, she pressed it to her bosom and kissed it again and
i^O THE WHITE-CAPS.
again. Then the agonized mother laid her babe in bed with her sister L,izzie, and, breathing in the child's ear a last farewell, covered both of their heads with the bed-clothes. Bravely she stepped to the side of her husband, who stood by his bed, and turning, faced her executioners.
No woman ever acted more heroically than did this mountain girl and wife of twenty- one summers.
Can it be possible that the greed for money was the sole stimulant which enabled these two men to remain during this period silent observers of this mother's agonizing caresses of her child without exhibiting any emotions of pity or mercy? Whiskey was not the cause of so much nerve, for such a scene would have sobered drunken men.
A gun shot is fired which enters the mouth of William Whaley and he falls dead at the feet of his wife, who, turning to look at her husband, receives a shot in her temple which tore away the top of her head.
As soon as Ljzzie Chandler felt sure that the murderers had left the house she arose from the bed and dressed herself quickly. At that moment John Whaley entered the room.
THE MURDERERS TRACKED.
After leaving the cabin, the murderers pursued their way through a field leaving tracks behind them. One evidently wore a number six shoe of superior make, the other a number nine of coarse material.
These tracks led to the ford where Tipton and Wynn had met only an hour before on their way to
THE WHITB-CAPS. 131
the Whaley cabin. They recrossed the river at this point on their way to constable Otis Montgomery's house. They asked him to go fishing with them, but he declined. It was then half past eight o'clock. They then went to the house of Mark McCowan and requested him to go with them. He also declined, but loaned them his boat. While at McCowan's the clock on the court house struck nine.
Wynn and Tipton insisted that they were fishing on the night of the murder and were so engaged at the time it was committed.
But, in addition to the foregoing details, other evidence was produced implicating Wynn and Tipton.
Not long after the murder, Wynn was playing a game of cards with Sam Jenkins, a boon companion of his, in Dr. Henderson's barn. He asked Jenkins if his brother, Joe Jenkins, had ever told him of his (Wynn's) presence at the " blind tiger " on the night of the murder.
" Yes," replied Sam, " he told me all about it."
" Well, for God's sake, don't say a word about it,"
said Wynn. "By G d, I did kill the Whaleys,
and it took a d d sight of nerve to do it, but I got
one hundred dollars for the job."
Again, not long after this admission, Wynn went to Knoxville. While there he remarked, " Bob Wade and Bob Catlett are not guilty of that murder. They have got the wrong sow by the ear. I blew in two hundred dollars d d easy and fired two shots."
There is a conflict between these two admissions — the one he made to Sam Jenkins and the other in Knoxville — as to the amount of money he received, •
132 THE WHITE-CAPS. •
It is evident that the murder cost Catlett two hundred dollars. Was it divided between Wynn and Tipton, or did Wynn receive the whole sum ?
It was necessary to get rid of Lizzie Chandler. Pub- lic excitement was too high to attempt another murder ; so her husband, John Chandler, was used to decoy her out of the State.
Although John had secured a divorce from her on false and scandalous charges, against which Lizzie had neglected to make a defense, so earnestly did she desire a separation, yet, with fair promises for the future, he succeeded in winning her consent to live with him again.
Mounted on a horse behind her former husband, they started, as she thought, for a friend's house. But John had no such intention. He was the paid agent of Bob Catlett to abduct her from the State.
As Lizzie, since the murder, had been living with the father of Sheriff Maples, it was not long before her absence was discovered. Sheriff Maples and dep- uty sheriff Davis started at once in pursuit and caught them in the Smoky mountains, near the North Caro- lina line. They were returned to Sevierville. John was jailed and Lizzie was sent to Knoxville for safe keeping.
CHAPTER XXI.
MOLLY LILLARD W HALEY.
My name is Molly Lillard Whaley, I'm left alone in this wide world ;
Papa and mamma are dead, you. know, And lam their only baby girl.
134 TH® WHITE-CAPS.
The story is told in this little book, Of how and why I was left alone,
How papa and mamma died one night, In our own little cabin home.
How mamma pled for her own dear life, And for the life of dear papa, as well,
How she pressed me to her aching heart, As she kissed me a last farewell.
She held me in her arms for a moment, And then laid me in Aunt Lizzie's bed,
And the last words she spoke on earth Were, " Sister, cover up your head."
Then she turned and faced the murderers, Who stood waiting upon the floor ;
Two shots rang out in quick succession, And papa and mamma were then no more.
A deathly silence came o'er the weird scene, Aunt Lizzie will never forget the time,
I was made fatherless, motherless and homeless, By the commission of that awful crime.
They tell me of a fearless officer,
Who ran those criminals down They made him sheriff of the county,
And his name is now renowned.
They tell me of two detectives,
Who lent a helping hand To uncover the crimes of criminals,
And break up the White-cap band.
They tell me of the Attorney General
Who made such a gallant fight To convict those hellish demons,
Because it was just and right.
THE WHITE-CAPS.
They tell me of an honorable Judge, Who now holds court in Sevier,
Of that roving band of White-caps, They say he has no fear.
They also tell me of another Judge, Who sits upon a higher throne,
And if I but do his bidding, He will one day call me home.
They say he is kind to little children, And will guide these tiny feet,
And deal out justice to the murderers In the death they are doomed to meet.
CHAPTER XXII.
TRIAL FOR THE MURDER OF LAURA WHALEY.
At the March term of the Circuit Court, 1897, Pleas Wynn and Catlett Tipton were indicted for the murder of William and L,aura Whaley, and Bob Qatlett and Bob Wade were indicted as accessories before the fact.
At the following term of the court, November, 1897, Pleas Wynn and Catlett Tipton were arraigned for trial. Judge T. A. R. Nelson presided. Hon. E. F. Mynatt, district attorney, Hon. J. R. Penland and Hon. W. A. Parton, of Sevier county, and ex-Congressman John C. Houk, of Knox county, appeared for the State, while the defense was represented by Col. W. J. McSween, Hon. George L,. Zirkle, Captain W. M. Mul- lendore and others.
A panel of twelve hundred men was required, and five days were consumed securing a jury. Four days were spent hearing the testimony and two listening to the arguments of counsel. Every point was hotly contested and nothing was left undone to secure the ends of justice.
The jury was " picturesqe," but the best that could be obtained in a county where excitement ran high and men, who had not " formed or expressed an opinion,1' were scarce.
The facts proven were substantially the same as already detailed in this chapter.
Lizzie Chandler, of course, was a most valuable wit- ness for the State. She was the only living being,
LAURA WHAI.EY.
138 THE WHITE-CAPS.
except a six weeks old child, who saw the murder committed.
The defense tried to impeach her character by intro- ducing in evidence the charges made by her husband in his bill for a divorce, but failed. Her testimony was clearly and deliberately given, with every appear- ance of truthfulness.
When asked to point out the man who did the shooting, she looked around the court room. Amidst a breathless silence, glancing from one face to another, her gaze finally rested upon that of Pleas Wynn, who sat near by and in the rear of his senior counsel. She gazed intently at Wynn for a moment, then looked up at the judge.
" Have you found him ? " asked Judge Nelson
" Yes," she answered.
" Where is he ? " inquired the district attorney.
" There," she said, pointing her finger at Wynn's shrinking form ; " He is the man who had the gun on the night of the murder."
The State failed to adduce any evidence showing any complicity on Tipton's part. But Tipton, while on the witness stand, implicated himself in the minds of many when he admitted that he was with Wynn on the night ot the murder, from dark until near mid- night.
It is not our intention to review the arguments of counsel, but we may be pardoned for mentioning one incident connected with District Attorney Mynatt's eloquent appeal to the jury, which shows the confiding trust which the people of the mountains have in divine mercy and justice.
LIZZIE CHANDLER,
140 THE WHITE-CAPS.
During this trial District Attorney Mynatt and his brother, the assistant district attorney, occupied a room at the Snapp House adjoining one in which Mr. and Mrs. McMahan, the father and mother of I/aura Whaley, Mollie lyillard, her infant child and her sister, Lizzie Chandler, were quartered. The cooing of the child and the subdued tones of the father and mother, rehearsing the virtues of their dear departed dead, inspired the efforts of the district attorney while pre- paring his appeal that night to the jury for a rigid enforcement of the law.
After a while this simple, unpretentious old man knelt in family prayer.
As he progressed with his supplications to Almighty God, he grew more earnest and vigorous; his voice trembled with strong emotions as he told the Divine Ruler the whole story of his daughter's life, her trials and troubles, her persecutions and finally her cruel death. He asked for the punishment of the guilty parties and that the blessings of God might rest upon the efforts of those who were striving toward this end.
Every word of the old man, mingled with the sobs of the mother and the sister and the crowing and gurgling of the happy infant, was distinctly heard. It filled his heart with sympathy for these poor people and for all those who had suffered at the hands of the White-caps, and inspired the greatest effort of his life.
His address to the jury next day bore the impress of inspiration.
The court room was crowded to its fullest capacity. Many ladies occupied chairs on the judge's stand. Within the bar sat the wives and children of the
THE WHITE-CAPS. 141
prisoners, Pleas Wynn and Catlett Tipton. By the district attorney sat the father, mother, sister and child of Laura Whaley.
There were times during the district attorney's argument when he seemed unconscious of his surround- ings. The old man's prayer had imprinted upon his mind the picture of his daughter's life in all its details from prattling childhood up to the time of her death, and he reproduced this picture on the minds of the jury with an intensity and fervor that beggars all description, and when he had finished his peroration there was moisture in the eyes of everyone present. The jury were in tears, and sobs were heard in every part of the court room.
The district attorney closed his argument at dusk on the evening before Thanksgiving day. By candle- light the judge read his charge to the jury. During the reading, a good woman with a weary and sorrow- ful countenance, who had pushed her chair toward the judge, looked intently at him, hungering for some word of hope for her criminal husband, for she was the wife of Pleas Wynn.
The jury retired, and on the following day returned a verdict finding Pleas Wynn guilty of the murder of Laura Whaley, and acquitted Catlett Tipton.
Both men were yet to be tried for the murder of William Whaley, and by order of the court Pleas Wynn was removed to the county jail at Knoxville for safe keeping until the next term, and Catlett Tipton was held on a bond of ten thousand dollars for his appearance,
CHAPTER XXIII.
TRIAL FOR THE MURDER OF WILLIAM WHALEY.
At the March term of the Circuit Court of Sevier county, 1898, Pleas Wynn and Catlett Tipton were arraigned for the murder of William Whaley on the night of the 28th of December, 1896. Both men were convicted of murder in the first degree.
This trial consumed seven days, and twelve hundred men were examined before a jury was secured.
New evidence was introduced weaving more closely a net of circumstances around Pleas Wynn and strongly corroborating Catlett Tipton's admission, during the former trial, that he " was with Wynn on the night of the murder from dark until near midnight."
On the day before the case was submitted to the jury, Owen Dickey was placed on the witness stand in behalf of the prosecution, who swore that Pleas Wynn showed him a hand full of cartridges, saying :
" When I go a-fishing I take them along and kill d n big game."
This testimony so enraged William Wynn, a brother of Pleas, who had been drinking freely all day, that, after the adjournment of court, he met Dickey in the court house and began cursing and abusing him, calling him a liar and attaching thereto all the necessary adjectives. Sheriff Maples ordered Wynn to leave the court room.
Shortly thereafter, as the sheriff was going from the new to the old court house, Wynn stepped out from a
THE WHITE-CAPS. 143
livery stable and began hurling curses and opprobrious epithets at him. The sheriff, being alone and in the midst of Wynn's friends, knowing the dangerous character of his assailant and believing a movement on the part of Wynn threatened a deadly attack, drew his revolver. Five shots rang out in the air in rapid suc- cession, and Wynn fell to the ground shot four times in the abdomen.
A crowd of enraged White-caps at once surrounded the sheriff, and as the five shots had exhausted his supply of ammunition he backed through their line and hastily retreated. His pursuers gained on him rapidly and seized him just as he reached the public square.
At this critical moment deputy sheriff Davis reached the side of the sheriff and waived the crowd back with his revolver, at the same time supplying the sheriff with a hand full of cartridges. In quick suc- cession followed detective McCall and George Thurmer, one of the Burnett robbers who had turned state's evidence and rendered valuable assistance to the officers of the law in ascertaining the secret plans of the White-caps, etc.
The sheriff was taken before Judge Nelson, who ordered him into the custody of deputy sheriff Davis with instructions to summon a strong guard for his protection. Upon arriving at the jail, Hogan Bailey, a brother-in-law of Wynn, attempted to shoot the sheriff, but was disarmed by detective McCall and others and placed in jail.
During the night, excitement was intense. The White-caps dispatched couriers in every direction throughout the county summoning their adherents.
144 THE WHITE-CAPS.
Sheriff Maples telephoned sheriff Groner and chief of police Reeder, of Knox county, and sheriff Walker, of Blount county, to come to his assistance at once with a posse of well-armed men. These officers responded promptly, leaving Knoxville at 9 p. m., and met the Blount county posse at Trundles' Cross Roads, fourteen miles from Sevierville, reaching their destination at four o'clock the next morning.
Early in the morning crowds began to congregate on the public square. L,aw abiding citizens through- out the county, hearing of the condition of affairs, abandoned their plows and came into town determined to maintain order at all hazards. These extensive preparations for war insured peace.
It was a sad coincidence which the people witnessed that morning. In the court room the senior counsel for the defence was making his appeal to the jury in behalf of a murderer, the funeral of whose brother was then passing the court house door. The church bells tolled a sad accompaniment to the eloquence of the learned counsel. Armed deputy sheriffs for the protection of the court were conspicuous everywhere.
The case was submitted to the jury in the afternoon of April 8, who retired and the following day returned a verdict finding both Wynn and Tipton guilty of murder in the first degree.
Appealing to the supreme court, they were removed to the Knox county jail for safe keeping.
The supreme court, on the last day of the following term, affirmed the judgment of the court below and sentenced them to be hung on the 4th of January, 1899.
CHAPTER XXIV.
PLEAS WYNN.
Pleas Wynn is the son of Captain E. M. Wynn, and was born at Pigeon Forge, seven miles south of Sevier- ville. His parents moved to Sevierville when Pleas was a small boy. He was principally raised in Sevier- ville and was known about town as a shrewd and cun- ning chap.
His parents sent him to school, but Pleas was not very fond of books, and took more delight in outdoor sports. He was a strong and active boy and could endure more hardships than any boy in town.
146 THE WHITE-CAPS.
He could play any kind of a game ; lie was good at marbles, an expert ball player, and later on became the champion of the town at playing cards. He held this title for many years and was only turned down by George Thurmer, and as before stated he was hard to turn down at playing baseball. He was a member of the best club in the county, the old " Kureka," a team that was seldom defeated, playing in a great many of the small towns in East Tennessee, Newport, Dandridge Mossey Creek and Morristown being among the num- ber. He was short in stature and as swift as an arrow, and once on the ring he seldom failed to reach the home plate. He was familiarly known as " Shorty," and bears that name to this day.
He was not regarded as a real bad boy, in his early days, yet he had many ups and downs with the boys in town, and was not afraid to fight. It was very seldom that he failed to come out first best with any boy in the, ring.
He was very fond of hunting and fishing and was an expert at both. There was scarcely a trail or by-path anywhere among the rugged hills surrounding Sevierville with which he was not perfectly familiar.
But by and by Pleas grew to manhood. And yet he had no occupation, except that of jailer during the last two years his father was sheriff of Sevier county, from 1888 to 1890.
Only a short time previous to this Pleas had married a most excellent young lady, Miss Mary Thomas, daughter of W. H. Thomas, and it was hoped that Pleas would lead a more useful life, and, for a time, it seemed as though he would. But his associates were
THE WHITE-CAPS. 147
bad, and step by step he went from bad to worse, and soon learned the habit of drink, and then that of gambling, and, coupled with that of idleness, they soon told their tale. His best friends concede that his down- fall was due more to idleness than anything else.
CHAPTER XXV.
J. CATLETT TIPTON.
James Catlett Tipton was born in Sevierville, Sevier county. He was named for Mr. James Catlett, an old and respected citizen of the county and father of Bob Catlett, one of the alleged accomplices of Tipton in the Whaley murder. He is the only son of B. J. and Abigail Tipton. His mother still survives, but his father died many years ago when his son was but a
THE WHITE-CAPS. 149
small boy. By the death of her husband, Mrs. Tipton was left to battle with the world with three small children to support, towit : James Catlett and two daughters, one of the latter now being the wife of B. B. Bailey, and the other the wife of Mr. Mack Blair, both of Sevier county and highly respected citizens.
J. C., or Catlett Tipton, as he was familiarly known, was a bright and handsome boy of good address, and was generally well liked by his associates in and around Sevierville where he spent his boyhood days.
His education was limited to that of the common schools of the county, but in these he acquired a fair business education sufficient to enable him to transact ordinary business. He is said to have been apt in his studies and would have made a good scholar had he continued in school and applied himself diligently. But, being fond of outdoor sports of all kinds, this in a measure distracted his mind from his school work. In the running and jumping matches, baseball and other games usually engaged in by the school boys, young Tfpton was a favorite and always among the first to be chosen. He became an expert baseball player and won distinction in this art among the local teams. He was a member of the " Eureka " team for a number of years, composed of Sevier county boys, of which sheriff Tom Davis was captain. Pleci Wynn was also a member of this team and a very fine player, being the fleetest on foot of any one in the team.
Tipton was not only an expert in such games and pastimes as above referred to, but he was very fond of hunting and fishing, and was equally as successful in this field of sport.
150 THE WHITE-CAPS.
He was a crack shot with a gun or pistol, and could bring in as much game as any one who went after it. Having been raised on the very banks, as it were, of the two Pigeon rivers, when it was not unlawful to fish with the gig, or seine, or by shooting them, and delighting in the sport, he became a skillful fisherman and spent much time with the finy tribe. <