Hezekiel Clem

HEZEKIAH CLEM son of WILLIAM CLEM and AMY HALL was born 1832 in Kentucky, and died 15 June 1860 in Harlan County, Kentucky. He married JOICY E FARMER Bet. 1851 - 1852 in Harlan County, Kentucky, daughter of LEWIS FARMER and ANNA HURLEY. She was born January 1830 in Harlan County, Kentucky, and died 27 April 1911 in Harlan County, Kentucky. (additonal information welcomed)

Tradition indicates that Hezekiah Clem was a very tough character and loved to drink hard liquor. He had a violent temper and had no regard for the law. It is said he had a hand in the killing of John B Clay in 1856 and was in with a regular gang of ruffians that caused trouble in the area.

In July 1859, Hezekiah Clem stabbed Benjamin Franklin Irvin to death with a pocket knife. Benjamin was known as "old man Irvin". He was about 60 years old when he was killed and according to death records, he lingered for three days wounded. He had a son named Benjamin Franklin Irvin and was probably called "old man Irvin" because of his son.

Hezekiah Clem was charged with murder for the September term of 1859 in the Harlan Circuit Court Minute book in the Commonwealth of Kentucky.

Witnesses for the prosecution were: John Lewis Sr, Noble Smith, George W Ball, Hezekiah, Alabama and Elizabeth Jennings, Hugh, Frank and William Irvin (Benjamin's son's), Frank Unthank, Adrian Nolan, Pierce Daniels Sr, Jennings Hensley, Woodard Fouch Jr, Luke Jones, John Mills, Andrew Osborne Jr, A J Mills, George W Crider, George Turner, William Farley, William Ball, Jonathan Kelly, Mike Howard and George B Howard.

Frank Unthank and Luke Jones were also listed as witnesses as were Carr Brittain, William Osborne, David Shoop, and Hezekiah's father, William Clem Sr. A warrant for the arrest of Drucilla Green who is the daughter of William and Elizabeth Farmer Green, without mention which side she is required as a witness for. In the 1860 census of Laurel County, Kentucky, Drucilla Green is listed as 16 years old. The family lived in Laurel, but moved to Harlan shortly after the killing. It is thought, Drucilla was a Niece of Joicy Farmer Clem.

On a motion of the Attorney, the case was continued until the April 1860 term of court. Arrangements were made on the 11th day of April for the guarding of Clem with Hezekiah Jennings and George B Turner appointed.

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. Then to deliver Clem to his relations if they so desire and if they do not, then to bury him directly.

On the 12th day of April, Clem was brought to court and being informed of the nature of the indictment, plea and verdict he was asked if he had any legal cause to show why judgement should not be made against him.

The defendant shall be taken to the jail of Harlan County and 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 3/4 of a mile from Mount Pleasant, Kentucky and above the mouth of the Poor Fork near Buggar holler.

A recent column referred to the 1860 hanging of Hezekiah Clem for the killing of Benjamin Irvin. At that time, the circumstances of the case were not known but recent research in the Harlan County Circuit Court records at the Kentucky State Archives have discovered the file of the case.

Both Hezekiah and his younger brother John were indicted for Irvin's killing. At the request of the defense the trials were separated. It appears that some people and witnesses in the case believed that it was John Clem who had done the stabbing but as Hezekiah was convicted and hung for the crime, the events are reconstructed on that basis.

While reading the following, it must be remembered that drinking alcoholic beverages was common and within reason, socially acceptable to a degree not true today. People also stayed at the home of others more readily in a day and age of slower transportation.

Several events during the day of Wednesday, 7 July 1859, are mentioned in the case transcripts. Early that day there had been a fight between John Clem and Jim Middleton and Benjamin Irvin had apparently rooted for Middleton which annoyed John Clem considerably. He is said to have kicked and threatened worse if Irvin did not hush.

Mike Howard testified that Hezekiah Clem had drawn a knife on him earlier in the day and that he believed it was the same knife in evidence. William Turner testified that Howard had been "drinking pretty smart" and had wanted to fight Clem.

The old man had been drinking considerably early in the day and had gone to sleep at Dr John B A T Mills house, either on the porch or in the yard near the porch. Clem saw him sleeping and took a large stone and dropped it on or near his head, possibly in spite over Irvin's support of Middleton in the fight with John Clem earlier.

At this point, Irvin got up and began to walk up to Hezekiah Jenning's house. Clem followed him and as Irvin went to put his leg over the gate to Jenning's house, Clem hit him in the side. Thinking he had only been hit with a rock, Irvin went on up to Jenning's porch and called out to Jenning's.

It was not until some time later that it was discovered he had been stabbed, apparently with a pocket knife. Irvin accused Clem of doing it although Clem denied it. As Irvin's condition appeared serious, Dr Mills was summoned. Mills believed the wound was serious, but not necessarily fatal.

A calf bawled and Clem and Jennings went to see about it. Clem went on down and kicked a dog off William Turner's calf with Jenning's thus returning to the house earlier than Clem. While they were out, Jenning's wife Elizabeth and their daughter Alabama found a bloody knife on the floor, but according to the testimony in the case this was not the only bloody pocket knife found that night. Frank Unthank testified he had found a similar knife at the corner of the courthouse, which was also bloody.

By morning, Irvin was worse, his sons were summoned. Hugh Irvin testified that he came to town to bring his father home. "He rode my horse. He said on the road that he must died. He got down once. He then stated that he could not live and did not believe that he could get home. At the ford of the creek he said Clem had stabbed him, that he was getting over the gate at Jennings' when the wound was inflicted, that Clem followed him up to Jenning's, that Mills was sent for and he stayed at Jenning's that night."

Irvin made it home and lingered through Saturday. The Irvins called on Dr Pearson Daniels to attend their father. Daniels testified that he bled him (a common medical practice of the time) and gave him medicine but he doubted Irvin would live. He testified that just before Irvin died he got up and went out in the yard and nearly fell if his son had not caught him. They brought him back in the house and he died a short time later from internal bleeding.

At some point the night of the stabbing, Hezekiah Clem had spent some time at Lewis Farmer's stone house, lying down to sleep for a few minutes but then going out again, speaking a while with Leonard Farmer and then apparently being arrested as there is testimony by a couple of people in the house hearing someone say to Clem "You are my prisoner".

Hezekiah Clem was born about 1832, son of William and Amy `Tupsey' Hall Clem. About 1851 or 1852, he married Lewis and Anne Farmer's daughter, Joicy. A year or two later, in 1853, Joicy's sister Eliza married Joseph Nolan who was born about 1831, the son of Joseph and Mary Marsee Nolan.

In October of 1854, these two brothers-in-law were accused of killing and robbing John B. Clay for what was said by Lyttle to be $95. Their defense attorney, David Y. Lyttle, got them acquitted but it appears that the neighborhood firmly believed they were guilty and had been `got off' by a good lawyer.

Joseph Nolan may have been `scared straight' as it would be put nowadays and does not seem to have gotten in further trouble. He and three of his brothers, James, Adron and Chadwell, served for the Union in the Civil War. Chadwell married Devil Jim's sister in 1863. That same year, Adron and two of his brothers were confronted by a rebel band. Told to stand still, his brothers did so but Adron ran and was shot in the back.

His Victims

JOHN B CLAY was born 1807 in Tennessee, and died October 1856 in Harlan County, Kentucky. He married (1) UNKNOWN DAUGHTER TURNER Bef. 1827, daughter of WILLIAM TURNER and SUSANNAH BAILEY. She was born 1791. He married (2) ALCY FARLEY 1829 in Harlan County, Kentucky, daughter of FARIS FARLEY and MARY MUNCY. She was born 1804 in Letcher County, Kentucky.

BENJAMIN FRANKLIN IRVIN was born 1800 in Greenbriar County, Virginia, and died 10 July 1859 in Harlan County, Kentucky. He married ELIZABETH EAGERBORN Bef. 1826 in Virginia. She was born 1802 in Virginia, and died Bet. 1870 - 1880 in Harlan County, Kentucky.