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Hatfield, Valentine news18880210 headstone FB221220LarryChafin

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Hatfield and McCoy Feud
Favorites · December 20, 2022 ·
Newspaper Clipping, February 10, 1888
West Virginia Wins

The Writ of Habeas Corpus Granted in the Hatfield Case
Our Own Gibson Lays the Blue Grass Attorneys out Cold
Proceedings in the Case before Judge Barr
The Hatfields Unlawfully Confined

LOUISVILLE, KY, (February 10) - Argument was heard today in the United States District Court, on the motion for a writ of habeas corpus in the case of Valentine Hatfield and eight others, citizens of West Virginia, now confined in the jail of Pike County. Hon. Estace Gibson appeared for West Virginia. He said that he believed that the Commonwealth of Kentucky had been the first in the history of this country to seize and enjoy an opportunity for the invasion of a sister State and the seizure of her citizens by a band of outlaws. The petition sets forth that the State of affairs had been brought to the notice of the Governor of Kentucky, who, while admitting that the citizens of West Virginia had been violently and wrongfully captured, yet refused to right the wrong. The right to settle the Inter-State questions was distinctly conferred upon the Federal Government. Gov. Knott said: “If this was a controversy between States, as the argument of his learned brother had indicated then this proceeding should be before the Supreme Court of the United States which alone had jurisdiction in controversies between States. From the fact that the attorney for West Virginia had seen fit to connect the chief magistrate of Kentucky with this ridiculous proceeding and to assail his character in connection with it, he would read a little from Gov. Buckner, defending himself. Mr. Knott then read the letter, which refutes the position taken by the Governor of West Virginia. He said he had complied with every condition which Governor Wilson thought necessary and therefore supposed that steps had been taken to give up the fugitives from justice. He knew nothing to the contrary until early in January. After ex-Gov. Knott, Attorney General Hardin addressed the court, among other things he stated that the United States statute on the issuing of a writ of habeas corpus explicitly requires that the person confined must make and sign the petition for his own release. In this case, the petition was not so made and signed. Further, the petitions are not good because the conditions and facts of confinement are not set forth as the law requires. Judge Barr, in rendering his decision, stated that he felt great hesitancy in the matter. The case was without precedent and he was doubtful, the petitions being obscure. Such being the case, however, and the attorneys for the State of Kentucky having failed to show that the prisoners confined in the Pike County jail had been placed there through due process of law, he inclined to the side claiming relief for the persons unjustly confined and would grant the writ of habeas corpus, returnable next Monday a week.

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- Image, the tombstone of Valentine Hatfield. (1820-1890); The gravesite is located at the John Wallace Hatfield Cemetery, located off Tug River Road, Buskirk, Pike County, KY. See less
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