Trial Of David Amoss
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David Amoss was a leader of the Night Riders, a vigilante group of
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
and Middle Tennessee farmers that was an offshoot of the
Planters' Protective Association The Planters' Protective Association (1904–1908) was an agrarian organization formed in the Kentucky and Tennessee "Black Patch" dedicated to fair business and the protection of farmers' economic interests in light of the market dominance of the ...
(PPA). The Night Riders were involved in a series of raids that made up the
Black Patch Tobacco Wars The Black Patch Tobacco Wars were a period of civil unrest and violence in the western counties of the U.S. states of Kentucky and Tennessee at the turn of the 20th century, circa 1904-1909. The so-called "Black Patch" consists of about 30 count ...
across Kentucky and Tennessee from 1904–1909, mainly destroying large tobacco companies' warehouses because the farmers believed their prices were unfair. In 1910, he was put on trial for his leadership role in the
Hopkinsville, Kentucky Hopkinsville is a home rule-class city in and the county seat of Christian County, Kentucky, United States. The population at the 2010 census was 31,577. History Early years The area of present-day Hopkinsville was initially claimed in 1796 b ...
, raid of 1907.


Background

As early as 1889, David Amoss began to get involved in violent incidents in
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
, taking part in the "violent enforcement of morality." As Dr. Amoss began attending Association meetings in the 1900s, he eventually began holding secretive meetings with PPA members who wanted to act violently on the organization's behalf.
The Night Riders The Night Riders was the name given by the press to the militant, terrorist faction of tobacco farmers during a popular resistance to the monopolistic practices of the American Tobacco Company of James B. Duke. On September 24, 1904, the tobacco p ...
thrived on secrecy, securing everyone's loyalty by taking blood oaths. Dr. Amoss was identified as the leader of the
1907 Hopkinsville raid The Black Patch Tobacco Wars were a period of civil unrest and violence in the western counties of the U.S. states of Kentucky and Tennessee at the turn of the 20th century, circa 1904-1909. The so-called "Black Patch" consists of about 30 counti ...
in 1908. During the end of the year in 1908, tobacco prices stabilized across the country, causing an end to the Night Riders' violent raids. There was a growing dissension among political figures between those militia men who enforced
law and order In modern politics, law and order is the approach focusing on harsher enforcement and penalties as ways to reduce crime. Penalties for perpetrators of disorder may include longer terms of imprisonment, mandatory sentencing, three-strikes laws a ...
, and those who supported the Night Riders' actions.


Timeline


Before the trial

In addition to the trial of Dr. Amoss, there were numerous other trials related to the Hopkinsville raid. In 1908, many trials occurred in which witnesses identified Night Riders who participated in the raid. However, all of these cases ended in the Night Riders' acquittal or in the cases being dismissed. As a result, local townspeople started their own organization, the Law and Order League, which provided local protection against more raids. In November 1909, John T. Hanberry was elected as a Kentucky circuit judge. He defeated Thomas P. Cook (a rumored Night Rider sympathizer) in the primary and a law-and-order candidate in the general election for the position. Judge Hanberry presided over the Amoss trial when he began his term in late February of 1910. During the month of March 1910, Milton Oliver, a former Night Rider, claimed that David Amoss was one of the seven leaders of the Hopkinsville raid. Oliver was subsequently threatened by other Night Riders who claimed that other residents should avoid interacting with him at all costs. On May 25, 1910, Milton Oliver was shot in the left hip while standing in his front yard, causing the Hopkinsville's Lieutenant Colonel to call in the Kentucky State Guards to keep watch over Oliver's farm and protect the surrounding neighborhood. The Kentucky guard's presence angered local Lyon County residents. In the middle of June, Dr. Amoss was indicted on "violation of the... Ku Klux Law," which stated that no group of people could "'go forth armed or disguised for the purpose of intimidating or alarming.'" He was tried for his leadership role in the Hopkinsville raid in 1907. However, the trial was delayed until March 1911, so that Oliver could fully recover from his injuries.


Axiom Cooper's death and trial

On July 30, 1910, Axiom Cooper was shot by the Night Riders' Roy Merrick and Vilas Mitchell while attending Tom Litchfield's barbecue. Cooper suffered several gunshot wounds in "his chest, back, wrist, and groin" and died the next day. Eight men were tried for Cooper's murder (including Merrick and Mitchell) in two separate cases, with four men in each. Col. E. B. Bassett claimed that the juries were unfair because the jury members were mostly local outlaws and criminals, who would be in favor of acquittal. These same sentiments were expressed by Commonwealth Attorney Denny P. Smith, who "hoped for... a hung jury so he could request the judge to call in a jury from another county." All eight men were acquitted, even after "the judge summoned a jury from Crittenden County."


Trial of David Amoss

After the Axiom Cooper murder trials ended, Commonwealth Attorney Denny P. Smith was joined by three other attorneys "hired by the Law-and-Order League," hoping to convict Dr. Amoss. However, like in the Axiom Cooper trial, the jury selection was hotly contested as "Col. E. B. Bassett... informed Governor Wilson that the jury was composed of former outlaws and Night Riders." Col. Bassett had a right to be suspicious as he was the "commander of the local company of the Kentucky State Guards" that tracked down Dr. Amoss and the rest of the Night Riders in the aftermath of the 1907 Hopkinsville raid. The trial lasted from March 8 to March 16, 1911. Due to the jury selection, the result of the trial was never in doubt. Because of that, the trial turned into a "struggle for honor" among Night Rider members. There was contentious questioning among the defense and former Night Riders regarding the secrecy of their organization and their blood oath. Speaking out against the Night Riders carried a severe risk that could involve "disappearance and death," like the threats Milton Oliver faced after his 1910 testimony. Dr. Amoss claimed he had an alibi during the 1907 Hopkinsville raid, claiming that he was making a house call to examine William H. "White's sick wife that night." The prosecution's attempts to disprove Dr. Amoss's alibi were unsuccessful, as the Whites' "son-in-law, Wylie Jones... avoided answering the subpoena" and other testimony did not "dispute Dr. Amoss's alibi." A couple of days later, after around forty minutes of deliberation by the jury, Dr. Amoss was declared not guilty.


Aftermath


Community reaction

The non-guilty verdict did not surprise anyone in the community. However, historian Christopher Waldrep wrote that "prosecutors revealed the inner workings of the Night Riders... destroying the aura of mystery that had surrounded" Amoss and the other Night Riders. Even though Dr. Amoss was acquitted, "the power of the Night Riders" had been diminished. William H. White, the man who lied to the jury about Dr. Amoss' alibi, was scorned by the community after the trial. An African-American resident named Clyde Quisenberry spoke about White's role as the church deacon, saying that "...all the white people thought he was an idol god." White's testimony drove him out of town to nearby Princeton, as Suzanne Marshall writes that "the whites of Cobb... could not condone a lie by a leader in the church, even when the lie worked for their benefit."


Notes


References

* * * *{{cite journal , last1=Waldrep , first1=Christopher , title=The Law, the Night Riders, and Community Consensus: The Prosecution of Dr. David Amoss , journal=The Register of the Kentucky Historical Society, date=Summer 1984 , volume=82 , issue=3 , pages=235–256 , jstor=23380340 1910 in Kentucky Trials in the United States Vigilantism in the United States