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From: <>
Subject: [KYBATH-L] Last hanging in saltlick ky
Date: Tue, 1 Jun 1999 21:13:19 EDT


Don't know if this was last hanging but is shown as 1857.
>From A History of Bath County, Kentucky, by J.A. Richards. Published by
Southwest Printers, Yuma, Arizona. Copyright, 1961. Pages 232, 233, and 234.

THE TACKETT CASE

Prior to 1857 a harmless fellow named Frank Fielder and his wife
resided on the waters of lower Prickley Ash Creek. A short distance above him
on the same side of the creek resided one Milton P. Tackett, (whom Fielder)
had become enamored of his wife and with whom he had for some time been
engaged in an illicit relationship.

It was their practice to meet at appointed times in a dense thicket
which was located on the hillside south of their homes and just north of what
is now the Owingsville-Wyoming Turnpike. One day, according to their usual
practice, they met in this thicket and Fielder, in search of timber with which
to make an axe handle, came upon them unawares. Using a large rock Tackett
broke the arm of Fielder and while he was thus incapacitated attacked him with
a knife inflicting upon his person wounds from which he died.

For this homicide he was arrested, placed in jail, and charged with the murder
of Fielder. Among those appearing as witnesses against him were Dr. Hudson
Rutherford, Harrison McKinnivan, John McKinnivan, F. Vyscher, N. R. Jones,
David Shrout, William Moore, Jones McCarty, Simpson Riggin, Joshua Ewing,
David Parker, Matthew Maury, and Thomas Boaz.

At his first trial a jury of Bath County citizens failed to agree on a verdict
and Judge John W. Moore ordered a panel of jurors from Nicholas County for his
second trial which was commenced on September 16th, 1857, and completed on
September 19th. The old order in this case showing his conviction and
sentence is not only interesting -enerally from a historical viewpoint, but
will be of particular interest to the legal profession as it discloses how
exact and particular the Court was to recite in the order each step taken on
the day of his conviction, showing the exact minute the jury returned the
verdict and the exact minute sentence of death was pronounced by the Court.
This is the order of the Court:

"This day came the Attorney for the Commonwealth, and the defendant was again
brought to the bar in custody of the jailer and the jury appearing in Court
according to adjournment and having heard the evidence as well as the argument
of counsel retired to their room for the purpose of making a verdict and at
fourteen minutes after four o'clock in the evening returned into Court the
following verdict--'We the jury find the defendant guilty of murder'. The
defendant remanded to jail and the Court took recess for one hour."

"The Court met according to adjournment and the defendant was again brought to
the bar in custody of the jailor and the Attorney for the Commonwealth
appearing, the defendant by attorney filed ground in arrest of judgment and
also for a new trial, which grounds both in arrest of judgment and for a new
trial are overruled by the Court to which opinion overruling said grounds both
in arrest of judgment and for a new trial the defendant excepts and the Court
takes a recess until fifteen minutes after ten o'clock in the evening."

"The Court again met according to adjournment and the defendant was brought
into Court and being informed of the nature of the indictment, plea and
verdict was asked at thirty minutes after ten o'clock in the evening if he had
any legal cause to show why judgment should not be pronounced against him; he
said that he had nothing more than he had already said."

"It is adjudged that the defendant be taken to the jail of Bath County
and there safely kept until the 20th day of November, 1857, on which day
between sunrise and sunset, the Sheriff of Bath County shall hang him by the
neck until dead - whereupon the defendant prayed an appeal to the Court of
Appeals."

Accordingly at 5 p.m., on the 20th of November, 1857, just at sunset, W. P.
Conner, then Sheriff of Bath County, hanged Tackett by the neck on a gallows
erected at the intersection of U.S. No. 60 and the Wyoming Turnpike.

Maybe you can use this as a starting point.
Harley

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