MONTGOMERY HOWARD FIRST LAW OFFICER killed in the line of duty in Elliott County

 

 

Another Killing!"
That was the headline that appeared in a December 1885 issue of the
Licking Valley Scorcher, a Morgan County newspaper.

 

 

 

The story began: "Last Saturday about twelve o’clock two men and a
woman accompanied by a man on horseback who gave his name as
Tipton, drove up to A J Amyx’s on North Fork in the county and stopped
apparently for dinner. In a few moments, Montgomery Howard, a
Constable of Elliott County, accompanied by two men by the name of
Frayley rode up and inquired of the man on horseback if his name was
not Tipton. The party addressed responded in the affirmative, and when
Howard told them that he wanted him, Tipton drew a revolver and fired
at Howard, the ball passing through the body just above the hips, and
another shot struck him in the back. Howard died about 2 o’clock
Sunday morning."

The newspaper account continued: "Howard and his men claimed that
Tipton was an outlaw, there being reward offered for his capture,
he then being on the dodge from the authorities. Tipton made his escape
to the woods at once and is now at large. Several squads of men have
been scouring the county for the murderer, but as yet without avail. His
wife claimed they were from Letcher County and added that her
husband would not be taken alive. He evidently has gone back to his
native home."

Montgomery "Gum" Howard was the first Elliott County officer to die in
the line of duty. Elliott County was created in 1869.

Clark Gray of Oneida, Tennessee, and a great-great-grandson of "Gum"
Howard, has done an extensive amount of research on the Howard
family, and gives a slightly different version of the murder. I am
assuming that much of Clarks information came from his grandfather,
the late Henry Howard.

Clark states: "He (Montgomery) rode into a crowd at Wrigley, in Morgan
County, and named the outlaw he was in search of. Unknown to
Montgomery, the outlaw was standing in back of him. The outlaw shot
Montgomery in the back and fled the scene. Clark also stated that the
wounded constable was carried to a house in Wrigley that was later
owned by a Lewis family. During the night, Howard probably realized
that he was mortally wounded and asked the people in the room with him
to help him from the bed so he could kneel down and pray. In Clarks
words: "While he was dying he prayed for the Lord to forgive him for
the way he had lived, and he was so loud in doing this that the people
outside the house could hear him plainly." I have heard that the house in
which Howard died is still standing.

A Howard family researcher, now deceased, indicated a possible link
between the Tipton and Tolliver families of this area. This same
researcher hinted that the murder of "Gum" Howard may have been
responsible for the start of a minor feud between the Howard and
Tolliver families. The quarrel between these two families led to
numerous shooting incidents here in Elliott County, with some of them
resulting in death. Whether this resulted in the murder of Howard, I
cannot say. On the other hand, who can say correctly that it did not.

The specific charges made against Kan Tipton are not clear, but Bill
Gray thinks he had been charged with stealing a horse, probably in the
are where "Gum" Howard lived. I have also heard that Tipton had been
implicated in the ambush type murder of Lewis Click of South Ruin.

It seems impossible to trace Tiptons movements after he fled Elliott
County, but Bill Gray thinks he was discovered some years later in West
Virginia posing as a preacher. Clark Gray states that Howards brother,
Asberry, searched for Tipton, but was unable to locate him. Clark also
mentioned that the family received word some years later that Tipton had
been captured and tried in Tennessee for stealing cattle. He was
spending time at the state prison at Nashville when he contracted
tuberculosis and was sent to die at the home of his sister near
Morehead. It may well be true that Tipton was taken into custody
shortly after the murder. In the December 23, 1885 issue of Hazel
Green Herald, the following headline appeared: "Caught At Last", and
reported that a John E Tipton, a 28-year old Baptist preacher, had been
arrested by William Osborn, the Sheriff of Floyd County. In his
statement to the sheriff, Tipton alleged that when Howard confronted
him, he failed to identify himself as an officer of the law, and that he
(Howard) had fired the first shot. What happened to "Kan" Tipton (if
indeed "Kan" Tipton and John E Tipton were one and the same) after
this is not explained. Maybe he did indeed make his way to West
Virginia, and it is also possible that he was imprisoned in Tennessee.
There is, however, no reason to believe that he was ever brought to
justice for the murder of "Gum" Howard.

Howard’s body was carried back to his home here in Elliott County, and
was shortly laid to rest in a grave on the hill back of Byrd Grays home
on Ky Rt 173, near the Elliott-Rowan County line.

"Gum" Howard was a son of Philip and Huldah Adkins Howard. He
was born in 1848 on or near North Ruin Creek, an area that was then a
part of Morgan County, but later encompassed by the newly-formed
Elliott County.

Court records indicate that as a young man, "Gum" Howard rode with a
band of guerillas under the command of Neal McClanahan of the Devils
Fork area. On one foray, this band allegedly plundered the home of
Catherine Davis in Morgan County, and seized the horse of Neal
Howard, said to have been a prominent Unionist. This behavior resulted
in several members of the gang being indicted in 1866 in Morgan Circuit
Court for "Grand Larceny" and "Horse Stealing". "Gum" Howard was
convicted and sentenced to serve one year in the penitentiary. The
young man petitioned the governor for a pardon claiming that he was a
member of Captain McClanahans Company at the time of the alleged
offenses, and that he, as a soldier, was bound to follow the orders of his
officers. In spite of his extreme youth, the petition was denied. It is well
to point out that most of McClanahan’s "guerillas" were mere boys, too
young to be considered for military service. Furthermore, many of the
boys were forced into this band against their will. I suspect this was
true of "Gum" Howard. It appears that Neal McClanahan needed a
scapegoat for his violent activities, and young Howard clearly was used
as a scapegoat. I have not heard or read anything that would indicate
anything less than a highly reputable character for Howard.
Nevertheless, his prison term began on June 1, 1866 in Frankfort prison.
Prison records reveal the following information about "Gum": Age: 17;
Education: none; Birthplace: KY; Occupation: laborer; Personal Habits:
temperate; Height 5’ 7 ½"; Weight: 152 lbs; Complexion: fair; Eyes: gray;
Hair: dark. The conviction of young Howard was probably more the
result of extreme hatred for McClanahan and his men, rather than a
reflection on the young man’s character. Such feeling seems to have
been especially true in post-war Morgan.

Montgomery Howard married Anna Adkins, a daughter of Elisha and
Amanda Whitt Adkins. This particular Adkins family lived out near the
Elliott-Rowan County line on present day route 173. The house they
occupied later became the home of Philip Winkleman, a native of
Pennsylvania.

According to the Morgan County marriage records, "Gum" and Anna
were married January 28, 1869 and in the ensuing years had the
following children: Polly Anna, Sam, Berry, Henry "Tug", Dee, and
Robert. Census records indicate that Robert would have been about 2
years old when his father was murdered.

 

The story began: "Last Saturday about twelve o’clock two men and a
woman accompanied by a man on horseback who gave his name as
Tipton, drove up to A J Amyx’s on North Fork in the county and stopped
apparently for dinner. In a few moments, Montgomery Howard, a
Constable of Elliott County, accompanied by two men by the name of
Frayley rode up and inquired of the man on horseback if his name was
not Tipton. The party addressed responded in the affirmative, and when
Howard told them that he wanted him, Tipton drew a revolver and fired
at Howard, the ball passing through the body just above the hips, and
another shot struck him in the back. Howard died about 2 o’clock
Sunday morning."

The newspaper account continued: "Howard and his men claimed that
Tipton was an outlaw, there being reward offered for his capture,
he then being on the dodge from the authorities. Tipton made his escape
to the woods at once and is now at large. Several squads of men have
been scouring the county for the murderer, but as yet without avail. His
wife claimed they were from Letcher County and added that her
husband would not be taken alive. He evidently has gone back to his
native home."

Montgomery "Gum" Howard was the first Elliott County officer to die in
the line of duty. Elliott County was created in 1869.

Clark Gray of Oneida, Tennessee, and a great-great-grandson of "Gum"
Howard, has done an extensive amount of research on the Howard
family, and gives a slightly different version of the murder. I am
assuming that much of Clarks information came from his grandfather,
the late Henry Howard.

Clark states: "He (Montgomery) rode into a crowd at Wrigley, in Morgan
County, and named the outlaw he was in search of. Unknown to
Montgomery, the outlaw was standing in back of him. The outlaw shot
Montgomery in the back and fled the scene. Clark also stated that the
wounded constable was carried to a house in Wrigley that was later
owned by a Lewis family. During the night, Howard probably realized
that he was mortally wounded and asked the people in the room with him
to help him from the bed so he could kneel down and pray. In Clarks
words: "While he was dying he prayed for the Lord to forgive him for
the way he had lived, and he was so loud in doing this that the people
outside the house could hear him plainly." I have heard that the house in
which Howard died is still standing.

A Howard family researcher, now deceased, indicated a possible link
between the Tipton and Tolliver families of this area. This same
researcher hinted that the murder of "Gum" Howard may have been
responsible for the start of a minor feud between the Howard and
Tolliver families. The quarrel between these two families led to
numerous shooting incidents here in Elliott County, with some of them
resulting in death. Whether this resulted in the murder of Howard, I
cannot say. On the other hand, who can say correctly that it did not.

The specific charges made against Kan Tipton are not clear, but Bill
Gray thinks he had been charged with stealing a horse, probably in the
are where "Gum" Howard lived. I have also heard that Tipton had been
implicated in the ambush type murder of Lewis Click of South Ruin.

It seems impossible to trace Tiptons movements after he fled Elliott
County, but Bill Gray thinks he was discovered some years later in West
Virginia posing as a preacher. Clark Gray states that Howards brother,
Asberry, searched for Tipton, but was unable to locate him. Clark also
mentioned that the family received word some years later that Tipton had
been captured and tried in Tennessee for stealing cattle. He was
spending time at the state prison at Nashville when he contracted
tuberculosis and was sent to die at the home of his sister near
Morehead. It may well be true that Tipton was taken into custody
shortly after the murder. In the December 23, 1885 issue of Hazel
Green Herald, the following headline appeared: "Caught At Last", and
reported that a John E Tipton, a 28-year old Baptist preacher, had been
arrested by William Osborn, the Sheriff of Floyd County. In his
statement to the sheriff, Tipton alleged that when Howard confronted
him, he failed to identify himself as an officer of the law, and that he
(Howard) had fired the first shot. What happened to "Kan" Tipton (if
indeed "Kan" Tipton and John E Tipton were one and the same) after
this is not explained. Maybe he did indeed make his way to West
Virginia, and it is also possible that he was imprisoned in Tennessee.
There is, however, no reason to believe that he was ever brought to
justice for the murder of "Gum" Howard.

Howard’s body was carried back to his home here in Elliott County, and
was shortly laid to rest in a grave on the hill back of Byrd Grays home
on Ky Rt 173, near the Elliott-Rowan County line.

"Gum" Howard was a son of Philip and Huldah Adkins Howard. He
was born in 1848 on or near North Ruin Creek, an area that was then a
part of Morgan County, but later encompassed by the newly-formed
Elliott County.

Court records indicate that as a young man, "Gum" Howard rode with a
band of guerillas under the command of Neal McClanahan of the Devils
Fork area. On one foray, this band allegedly plundered the home of
Catherine Davis in Morgan County, and seized the horse of Neal
Howard, said to have been a prominent Unionist. This behavior resulted
in several members of the gang being indicted in 1866 in Morgan Circuit
Court for "Grand Larceny" and "Horse Stealing". "Gum" Howard was
convicted and sentenced to serve one year in the penitentiary. The
young man petitioned the governor for a pardon claiming that he was a
member of Captain McClanahans Company at the time of the alleged
offenses, and that he, as a soldier, was bound to follow the orders of his
officers. In spite of his extreme youth, the petition was denied. It is well
to point out that most of McClanahan’s "guerillas" were mere boys, too
young to be considered for military service. Furthermore, many of the
boys were forced into this band against their will. I suspect this was
true of "Gum" Howard. It appears that Neal McClanahan needed a
scapegoat for his violent activities, and young Howard clearly was used
as a scapegoat. I have not heard or read anything that would indicate
anything less than a highly reputable character for Howard.
Nevertheless, his prison term began on June 1, 1866 in Frankfort prison.
Prison records reveal the following information about "Gum": Age: 17;
Education: none; Birthplace: KY; Occupation: laborer; Personal Habits:
temperate; Height 5’ 7 ½"; Weight: 152 lbs; Complexion: fair; Eyes: gray;
Hair: dark. The conviction of young Howard was probably more the
result of extreme hatred for McClanahan and his men, rather than a
reflection on the young man’s character. Such feeling seems to have
been especially true in post-war Morgan.

Montgomery Howard married Anna Adkins, a daughter of Elisha and
Amanda Whitt Adkins. This particular Adkins family lived out near the
Elliott-Rowan County line on present day route 173. The house they
occupied later became the home of Philip Winkleman, a native of
Pennsylvania.

According to the Morgan County marriage records, "Gum" and Anna
were married January 28, 1869 and in the ensuing years had the
following children: Polly Anna, Sam, Berry, Henry "Tug", Dee, and
Robert. Census records indicate that Robert would have been about 2
years old when his father was murdered.