The Murder of Mack Bailey of Magoffin County, Kentucky

Sunday July 7, 1912 was unlike most Sabbath days, well, at least in Magoffin County, Kentucky anyway.   Most Sundays are filled with prayers and thanksgiving, and family.  But on this particular Sunday, Bud Collins left church with one mission in mind – to kill 19 year old Mack Bailey.

The July 12, 1912 edition of the Salyersville Kentucky Mountaineer described the events of the day, and we have summarized their report here.

The trouble between the two began months before over a baseball game.  But they had had no further trouble until they both began calling on the same girl.   The young lady, who was never identified, at least in my sources, had previously turned Collins down for Bailey.  And on this particular Sunday after church, she once again turned down Collins’ offer to go with him.  Collins became irate and responded “I’ll kill Mack Bailey!”

Collins climbed on his mule and fired one shot with his revolver as he took off toward the creek.  He had persuaded Dennie Saylor to accompany him.

They came upon Mack Bailey, his younger brother Taylor, age 15, and 18 year old Charley Adams in neighboring Johnson County.  Collins dismounted and pulled his gun on Mack saying “D--- you if you speak, I will shoot you!”  Bailey never moved or said a word, according to my source.  Collins fired at Bailey, the fatal shot hitting him above his right eye.

Immediately, Taylor Bailey and Charley Adams grabbed Collins.  When they released him, Collins fired at the young Adams, who fell to the ground and pretended to be dead. Collins then started after Taylor Bailey, but Taylor took his dead brothers revolver and emptied it at Collins.  Collins ran back up the road. 

Collins received a stab in the neck during the altercation and had lost a great deal of blood.  He went to the home of his uncle Nelson Collins and had the wound dressed. Then he and his uncle and others fled into the woods.  Nelson was reported as saying that they would die before they would be taken.

The next day, R.C. Salyer, the acting County Judge of Magoffin County petitioned the Governor, who In return, sent 20 militiamen to Magoffin County to arrest Collins.  However, two days later, the troops were withdrawn.  The reason for the withdrawal was costs. Acting Governor McDermott and Acting Adjutant General Tandy Ellis stated that it would be cheaper for them to offer a reward for Collins’ capture than to provide manpower for the search.  However, they said, if he was found and was putting up an armed resistance to authorities, the militiamen may remain. 

The day after the shooting, County Jailer Henry Brown and Floyd Patrick tracked down Dennie Saylor and arrested him. He was taken to the county jail where he was awaiting an examining trial.
By this time, Mack Bailey’s two brothers, Eddie and Fred, also joined in the search for Collins.
According to the July 19, 1912 edition of the Salyersville Kentucky Mountaineer, The examining trial for Dennie Salyor was held on Monday, July 15, 1912.  The newspaper reported that he was acquitted in the murder of Mack Bailey.  There’s more to come on that later. 

Johnson County Sheriff brought Nelson Collins, who assisted his nephew Bud Collins in his escape, to Magoffin County authorities.  Nelson waived the examining trial and filled a bond of $1,000.00 and returned to his home.

As for Bud Collins, he was still at large and authorities had no clue as to his whereabouts.   It was believed that a reward would produce Collins.  The reward started at $250 but eventually grew to more than $750.00 by 1925, which was considered a large amount of money in those days.  It would be the equivalent of $12,698.00 today.  But despite the large sum of reward money, Collins could not be found.

 News of the murder by this time had made its way around the region.  And on July 28, 1912, Letcher County official John D. Collins arrested a man near Whitesburg.  This was reported by both the Louisville Courier-Journal (July 30, 1912) and the Salyersville Kentucky Mountaineer (August 2, 1912).  The man was said to be Bud Collins. However, the man denied being Collins. He was taken to Jenkins, KY where he was examined and released.  This would not be the only person thought to be Bud Collins. We will talk about that a little bit later.

Bud Collins may have been on the run, but his sympathizers let their presence be known when on December 10, 1912, the home of James Howes was burned.  According to the Big Sandy News (December 13, 1912), the home and the entire contents were destroyed except for one bookshelf.   As Mr. Howes was leaving the remains of the house, a stone was hurled at him from the hillside. It was later reported that Howes’ home was burned because he spoke out against Bud Collins over the murder of Mack Bailey.

Old Magoffin County
 Courthouse (1890-1957)

According to the Salyersville Kentucky Mountaineer’s May 2, 1913 edition, Dennie Saylor was tried for aiding Bud Collins in killing Mack Bailey the week prior.  Eight of the jury was for convicting and four for acquitting.  Under the instructions given to the jury, a conviction would have been either a life sentence or death.

The December 4, 1913 edition of the Louisville Courier-Journal reported that on December 3, 1913, it was ruled by the Court of Appeals that the lower court, the Magoffin Circuit Court erred in refusing instructions.  The court had refused the request of the Commonwealth to instruct the jury as to the crime of voluntary manslaughter, and the trial resulted in a hung jury. Then the Commonwealth asked for a certification of the law in regard to the instructions.

The Court of Appeals said under the statement of facts Saylor was entitled to instructions as to the crime of voluntary manslaughter, and would have been entitled to a reversal of the judgment if he had been convicted, wherefore the Commonwealth was entitled to such instructions.

The January 30, 1914 edition of the Big Sandy News in Louisa, KY reported that Dennie Saylor was convicted by the Magoffin Circuit Court for conspiring with Bud Collins to kill Mack Bailey.  The sentence was 2 to 21 years.  But, according to the Louisville Courier-Journal, May 9, 1914 edition, on May 8, 1914, he was granted a new trial by the Court of Appeals with instructions that if no better case is made against Saylor, a verdict in his favor shall be directed.  It is here that the guilt or innocence of Dennie Saylor goes cold, as I could not find any further information on the new trial.   But remember his name, because you will read more about him more blogs in the near future.

On October 20, 1924, twelve years after the murder of Mack Bailey, a man who was supposed to be Bud Collins was arrested in Ashland, Kentucky, according to the Lexington Leader of the same date.  It was believed that during the 1912 skirmish, that one of the bullets struck Collins in the hip and had left a scar.

Magoffin County officials examined the man and found the scar on the hip, but were unable to positively identify the man as being Bud Collins, based solely on the scar and his features. After all, twelve years had passed.    However, the man state to police that he would be mobbed if he was returned to Magoffin County, and that he would die first. 

After three days in jail, the man was identified as S.A. Marting, and was freed, according to the Lexington Leader, dated October 22, 1924.

On February 11, 1925, the News-Democrat in Paducah, Kentucky reported that Governor Fields offered $250.00 reward for the arrest and conviction of Bud Collins.  Added to the $500 that Mack Bailey’s father had put up, that brought the total reward to $750.00.  But Collins was never found. This was the last mention of him or the murder that I could find in my sources.  Was the man arrested in Ashland really Bud Collins?  I have a strong feeling that it was.  But we will never know. Only a few editions of the Salyersville Kentucky Mountaineer are available, specifically 1912-14.  And I was unable to find anything else on any of the other resources I have.  It's very possible that Collins was eventually captured, but it's also a possibility that he wasn't.