The Murder That Could Have Started A Civil War

 

It was Saturday, July 20, 1912. And the Magoffin County, Kentucky area was reeling from the recent murder of Mack Bailey just days earlier on July 7^th.   Little did they know that another murder was about to take place in their county, one that had officials concerned that it could erupt in an all out county civil war.

This particular Saturday, a fight broke out between Lee Patrick, brother of U.S. Marshal Asberry Patrick, and Ern and Clarence Arnett.  The Arnett’s and the Patricks were two very prominent families in the Magoffin County area at the time, and still are to this day. The Big Sandy News in Louisa, Kentucky reported on July 26, 1912 that young Clarence Arnett stabbed Patrick with a butcher knife, killing him instantly.

Historic Downtown Salyersville 

According to the Salyersville Kentucky Mountaineer, dated July 26, 1912, Lee Patrick’s wife, who was a sister of Role Minix, had left Patrick a year or so prior.  Arr Arnett, Role Minix’s father-in-law was the attorney for Patrick’s former wife.  A deal had been reached wherein Patrick was to pay $200.00.  He borrowed the money and came to town to settle the matter, only for Arr to tell him that he must pay an additional sum of $25.00 to his son Ern for services.  Patrick refused to do so.  And as a result, the trouble started.

 

The statements about the case were somewhat conflicting according to the Salyersville Kentucky Mountaineer.  The defense introduced no proof.   But the prosecution presented 12 witnesses.  These are their statements:

“ Some three or four months ago, I was in the law office of Arnett & Howard, and Lee Patrick was there.  They had met there for the purpose of taking depositions in the case of Lee Patrick and his wife.  Arr and Lee were talking about the case and some few words were spoken when Arr grabbed up a whet rock or weight and drew it on Lee.  I thought they were going to kill him and I had to jump up and tell them that they couldn’t all jump on him.” – Jack Minix

“On the day of the killing Mitchell Whitaker and myself were on the walk just in front of the Adams pool room.  Ern Arnett came out and said to Lee Patrick ‘come out in the street and fight me.’  Lee had not said anything to him before Ern ran out and bantered Lee.  Patrick was across the street near the curbing and he came into the street and Ern and him got within a few feet of each other.  Ern was keeping his arms going.  I couldn’t tell just where his arms were all the time.  When they got over near the pool room, Ern jumped in the pool room and Lee just afterwards.  Minix was just behind Clarence on the walk.  After t hey got in Clarence came out fast just in a second.  As Ern and them came out and Arr was there. I heard some one say don’t go in.  It’s already done.  Lee went over toward Ern like he was laughing.  I didn’t think they were going to fight.  Lee could have shot him.  Had all the chance that was necessary.” – Wiley Caldwell

“I was in the Minix pool room when Arr and Lee Patrick were having their racket.  I came out. Lee was leaving and I heard him say that was jumping on him for nothing.  After the killing or about the time of it, I saw Roll Minix coming from Adams pool room door.  He was on the walk near the stove.  He had a pistol and ran into his grocery”. – Bascom Prater

“I was on the walk in front of Minix grocery and the first thing I heard or saw was some people going in the pool room. I couldn’t tell who went in first.  I saw Roll Minix come running out of his store with a pistol and heard a woman tell him to shoot him.  I saw Clarence Arnett come out of the pool room.  I went up and looked in.  A crowd was in there.  I then got on a horse and started after Jack Patrick.  Just across the bridge I met Maurice Minix coming with a gun, and on the walk I saw a man just above there hide a gun under the walk at John Hale’s and he asked me if Lee Patrick was killed.” – Bill McPherson.

“I was in the Minix grocery a short time before the killing.  Andy Meade and myself.  We were back by the lemonade stand.  There was some excitement out in the street.  Roll Minix seemed to be excited and called to Clarence Arnett to come there quick.  Clarence and Roll whispered a minute and Clarence went in a fast walk back behind something in the store.  I heard a noise in there like he was turning over something.  Then he came out and he and Roll went out on the walk.  I then saw Clarence with a hammer.  This was just a short time before the killing.” – Billy Phipps.

“Saw Ern come out of the pool room after the killing and heard him say, ‘The damned son of a b—‘.” – Farish Lacey

“I was standing on the curbing near the bell tower.  The racket came up over about the pool room.  I looked and saw Roll Minix come out of his grocery with a pistol and a woman hollowing ‘shoot him, Roll, shoot him.’” – Virgil Patrick

“I was in the pool room when the racket came up.  I was engaged in the game.  My attention was first attracted by hearing talking on the outside.  I looked and saw Ern Arnett come out in the street and hollow something to Lee, who was across the street.  Lee said something that I did not understand.  They then started out and were meeting each other.  I saw Lee like he was pulling up his sleeves.  When they got near the door Ern jumped up in the door and around by the side of the cashier.  Lee put his hand back like he had a pistol and jumped in the door.  I jumped out the window and ran around to the back door and looked in and saw J.L. Arnett pulling Ern off Lee.” – George Anderson

“I was on the walk near the upper window of the pool room.  Ern Arnett came out of the Minix Grocery and out in the street.  The first thing I heard was Ern said to Lee, ‘G—D--- you, I can whip you.  Lee started across the street walking along and they got close together, and I saw Ern back a shot distance and Lee had his hand like he had a pistol.  Ern jumped up in the door and Lee just behind him.  I thought I would grab Lee but I saw Roll Minix and Arr Arnett coming up and I thought I had better not interfere in their racket.  I don’t know that I saw Clarence go in.  I saw someone, some small fellow run in after Lee.  I saw Clarence come out just after the killing. When I saw Minix, he had something. I took it to be a pistol.” – Dud Howington

“About fifteen minutes before the racket in which the killing occurred I heard Arnett and Lee Patrick having some words.  I heard Arr call him a rascal and a dog and several vile names.  Lee said ‘that is all right what you say just so you keep your hands off of me.’” – J. Press Adams.

“I heard a woman scream across the street and I saw Ern Arnett and Lee Patrick in front of the pool room, Ern over next to the pool room.  Lee had his hand back like he was going to pull a pistol.  Ern said ‘don’t you do that, and Florence Minix said ‘shoot him’, ‘kill him’, or words to that effect. Ern was in the pool room and Lee was going in  at the door when Clarence Arnett ran up and caught him with one hand and I took it to be a small sized butcher knife in his hand. They then disasppeared in the pool room.” – J.B. Bailey

“I was in the pool room and the first thing I saw was Lee Patrick in the door, or just inside, and Clarence Arnett just behind him.  They were in kind of a tussle.  About that time Ern Arnett closed him and had his arms around Lee and Clarence ran up and made a lick and run.  Ern and Lee then went down on the floor and Ern was on top and Ern was striking him with his fist.  While they were on the floor standing I heard Lee groan or make a  noise like a sick person, then they went down and I heard him groan twice more while Ern was  on him.” – Frank Anderson

“I was in the Adams pool room.  I heard some loud talking on the outside and recognized Ern Arnett’s voice.  I heard him invite Lee Patrick to fight him.  Lee said something and laughed.   Ern started at him and got within a few feet of Lee and Lee put his hand back like he had a pistol.  They got near the pool room door and Ern got up in the door and got over next to the counter on the right side.  Lee then came up in the door and Clarence after him.  As soon as Lee entered the room, Ern closed him and had around his arms and Clarence ran in while Ern was holding him and stabbed him in the breast with a large knife.  Lee then sunk down or he and Ern fell on the floor and Ern commenced to strike him in the face with his fist.  A short time before the killing my brother,  Will Crace, and me come down the walk near  the pool room.  Lee Patrick and Arr Arnett were having some words.  I heard Lee say, ‘Arr you got mad at me for nothing. Go on, I don’t want any trouble with you.’ “ – Jim Crace

Within a few minutes Deputy Sheriff Jackson L. Arnett arrested Ern Arnett, Arr Arnett, Clarence Arnett, Arby Arnett, and Roll Minix and put them in jail.

As word of the killing spread through the community, the talk of more violence began to fill the streets. Due to the prominence of both families, it was feared that the trouble would erupt into an all out county civil war.   This prompted Judge Gardner to place the state guards around the jail on Saturday and they remained there until Tuesday.  

Judge Salyer set Clarence Arnett’s bond at $3,000 and Ern Arnett’s bond at $2,500.00. He acquitted Arr Arnett and Roll Minix.  The Arnett’s bond was filled and they were again at  large.
 
Lee Patrick became the sixth man to be murdered in Magoffin County in a 12 month period. The other five were Leck Whitt, Buddy Whitt, James Harper, Samuel P’Simer, and Mack Bailey.  And according to the Hazel Green Herald, as reported by the Salyersville Kentucky Mountaineer dated August 2, 1912, it was a brutal one.    The Herald allegedly reported that the Arnetts held Patrick and “literally cut his body to pieces”. It went on to say that they severed his heart. 

The exact dates vary per source, but sometime in September 1912, Ern Arnett, Clarence Arnett, and R.C. Minix were indicted for the murder of Patrick.  They tried for bail and the Arnetts were granted bail of $5,000 each and Minix was granted bail of $2,500.   The Commonwealth requested a change of venue, and it was granted.  The trial was moved to Mt. Sterling, KY (Montgomery County) and it was scheduled to get underway in January 1913.

January rolled around and the trial was postponed until the April 1913 term of the court due to the defense not being ready for trial.  According to the Courier-Journal in Louisville, KY (January 24, 1913 edition), 25 witnesses were called for the defense and 35 witnesses for the Commonwealth.  Witness claims aggregated a cost of $1,024.  It was predicted at the time that the trial would cost the state $5,000.00.

On April 15, 1913 the trial of Clarence Arnett began in Mt. Sterling, KY. By this time the witness count had climbed to more than 100 people.   Clarence was charged with conspiring with his brother Ern and R.C. Minix to kill Lee Patrick.

 According to the Louisville Courier-Journal, dated April 16, 1913, Jury members chosen to hear the trial were B.F.Perry, Harry Campbell, A.B. Oldham, R.E. Tipton, James Leach, Lester Lee, W.E. Sledd, James Montjoy, Charles Fogg, R.C. Robinson, Elson Wills, and Ewell Payne.

The defense was represented by William A. Young of Morehead, KY, Floyd Byrd of Lexington, KY, Judge E.C. O’Rear of Frankfort, Henry R. Prewit and C.W. Nesbitt of Mt. Sterling.  The Commonwealth Attorney W.B. White was assisted by County Attorney E.W. Senff, R.A. Chiles, and United States District Attorney Edward P. Morrow of Covington,KY.

Three days later on April 18, 1913, Clarence was acquitted by the jury after just 30 minutes of deliberation.

The trial of Ernest “Ern” Arnett was scheduled to begin a year later on April 16, 1914.  However due to the absence of witnesses and of prosecutor Edward P. Morrow, it was moved to September of that year.
And on September 24, 1914, Ern too was acquitted.

All efforts to find the outcome of the trial of R.C. Minix were unsuccessful.

Lee was laid to rest in the Francis Patrick Cemetery.

Augustus “Ar” Arnett died in 1922, his son Ern died in 1942, and Clarence died in 1970.

This brought about the end of another sad chapter in Magoffin County’s history.