ty
seeking apparently to possess itself of the machinery of justice in
order that it may, under the forms of law, seek the gratification
of personal animosities.

"During the present year the local leader of one of these factions
came in possession of the office of police judge of the town of
Morehead. Under color of the authority of that office, and
sustained by an armed band of adherents, he exercised despotic sway
over the town and its vicinage. He banished citizens who were
obnoxious to him; and, in one instance, after arresting two
citizens who seem to have been guilty of no offense, he and his
party, attended by a deputy sheriff of the county, murdered them in
cold blood.

"This act of atrocity fully aroused the community. A posse acting
under the authority of a warrant from the county judge attacked the
police judge and his adherents on the 22d of June last, killed
several of their number, and put the rest to flight, and
temporarily restored something like tranquility to the community.

"The proceedings of the Circuit Court, which was held in August,
were not calculated to inspire the citizens with confidence in
securing justice. The report of the Adjutant General on this
subject shows, from information derived 'from representative men
without reference to party affiliations,' that the judge of the
Circuit Court seems so far under the influence of the reputed
leader of one of the factions as to permit such an organization of
the grand juries as will effectually prevent the indictment of
members of that faction for the most flagrant crimes."

The posse here mentioned was organized by Daniel Boone Logan, a cousin
of the two young men who had been murdered, a college graduate, and a
lawyer of good standing. With the assent of the Governor, he gathered
fifty to seventy-five picked men and armed them with the best modern
rifles and revolvers. Some of the men were of his own clan; others he
hired. His plan was to end the war by exterminating the Tolivers.

[Illustration: Photo by U. S. Forest Service

"Dense forest luxuriant undergrowth."--Mixed hardwoods, Jackson Co., N. C.]

The posse, led by Logan and the sheriff, suddenly surrounded the town of
Morehead. Everybody gave in except Craig Toliver, Jay Toliver, Bud
Toliver, and Hiram Cook, who barricaded themselves in the railroa