Nearly anyone who researches their family is going to find skeletons in the closet that they are somehow related or connected. This is particularly true in the mountain families with their extensive intermarrying.One of the notorious figures in Harlan County in the 1850's was Hezekiah Clem. He was the son of William Clem and Amy Hall who was the daughter of Hezekiah Hall, Sr. and thus related to the various Hall families in the southern half of the county, particularly those on Martins Fork.
Hezekiah Clem's brothers and sisters were William, who married his cousin Elizabeth, daughter of Francis and Elizabeth Anderson Hall; Sarah, who married John K. Farley; John F., who married several times including to Louise Osborne and Manerva Hall; Elizabeth, who married Hiram Huff; Nancy, who married Francis M. Clark and Moses. [Editor: Hezekiah's sister Rosanna was inadvertantly omitted.]
His wife was Joicy Farmer, daughter of one of Harlan's earlier settlers, Lewis Farmer, and thus kin to all the early Farmer families. Hezekiah and Joicy had at least five children, including four sons, James, William, Leonard and Hezekiah Jr., and a daughter, Minerva.
Hezekiah's aunt was Sarah, wife of Jacob Browning, the ancestor of all the 19th century Browning families in the area. Clem's Browning cousins married into the Noe, Thomas, Burkhart, Dean, Hall, Osborne and Sergent families. [Editor: Jacob Browning's wife Sarah was a sister of Hezekiah's father, William Clem.]
What did `Kiah' Clem, as he was called, do to gain him his reputation? Traditional information indicates that he was a tough character with a fondness for hard drink, a violent temper and a complete disregard for the law.[see Note 1 below] He is said to have had a hand in the killing of John B. Clay about 1856 and to have been part of a regular gang of ruffians who caused frequent trouble in the area at the time.[see Note 2 below]
In July of 1859, under circumstances that have yet to be discovered, Hezekiah Clem stabbed Benjamin Irvin to death with a pocket knife. Known as `old man Irvin,' Benjamin was about 60 years old when he was killed and, according to the records of his death, lingered wounded for about three days. He was probably called `old man' because he had a son named Benjamin Franklin Irvin, although 60 was a respectable age to reach in those days.
The Harlan Circuit Court Minute Book for the September term of 1859 makes reference to some of the proceedings in the case of the Commonwealth of Kentucky versus Hezekiah Clem on a charge of murder. Witnesses for the prosecution were John Lewis, Sr.; Noble Smith; George W. Ball; Hezekiah, Alabama and Elizabeth Jennings [see Note 3 below]; Hugh, Frank and William Irvin (sons of the victim); Frank Unthank; Adrian Nolen; Pierce Daniels, Sr.; Jennings Hensley; Woodard Fouch, Jr.; Luke Jones; John B.A.T. Mills; Andrew Osborne, Jr.; A.J. Mills; George W. Crider; George Turner; William Farley; William Ball; Jonathan Kelly; Mike Howard and George B. Howard.
Luke Jones and Frank Unthank were also listed as witnesses for the defense as were David Shoop, Carr Brittain, William Osborne and Hezekiah's father William Clem, Sr. Also mentioned in the minutes is a warrant to Laurel County for the arrest (apparently as a witness) of Drucilla Green without mention of which side she is required as a witness for. Drucilla was the daughter of William and Elizabeth Farmer Green and in the 1860 census of Laurel County she is listed as 16 years old. This family had been living in Harlan and appears to have moved to Laurel County shortly after the killing. It is believed that she was a niece of Hezekiah's wife, Joicy Farmer Clem. It certainly arouses curiosity as to what her involvement in the case was. [see Note 4 below]
On the motion of the attorney for the defense, the case was continued until the April, 1860, term of court. The witnesses were to remain under a bond of appearance of $100 each. On the 11th day of the April term of court, mention is made of the arrangements for the guarding of Clem with Hezekiah Jennings and George B. Turner appointed to superintend the guards. "No person but a sober discreet sensible man to be summoned & if any one gets drunk it shall be good cause for dismissal."
The guard is charged to keep Clem "safe until he is executed. Upon the day of execution to take Clem to the place of execution and to stay there until he is executed. And then to deliver said Clem to his relations if they desire them to do so and if they do not to bury his directly."
On the following day, Clem is brought into court and "being informed of the nature of the indictment, plea and verdict was asked if he had any legal cause to show why judgement should not proceed against him."
It is then decreed by the court "that the defendant be taken to the jail of Harlan County and there be safely kept until the 15th day of June 1860 on which day between the sunrise and sunset the sheriff of Harlan County shall hang him by the neck until he is dead at a convenient place on the bank of the Cumberland River about 3/4ths of a mile from the town of Mount Pleasant and above the mouth of the Poor Fork at or near the Buggar holler the particular point to be selected by the sheriff."
Although court documents have not been located, traditional evidence indicates that the hanging actually did not take place until August of that year. One such source gives Aug. 30th as the date he was hung.
Note 1
The court testimony located after the publication of this column indicate that Kiah was not quite so tough and feared as all that. There doesn't seem to be any animosity towards him or testimony to meanness. [See column #50]Note 2
This appears in one of the two J J Dickey interviews with Woodard Lyttle.Note 3
Hezekiah and Elizabeth Jennings were husband and wife, Alabama was their daughter. Their son William and their daughter Alice's son Wils Howard were primary culpirts in the Turner-Howard feud.Note 4
Drucilla testified to events the night of the stabbing, events which took place in her "grandmother's" home, the home of Lewis and Anne Farmer. This testimony is documentary proof that Drucilla's mother was in deed a daughter of Lewis and Anne Farmer.