Hezekiah Clem: First Man Hanged in Harlan County? [Part 1]

Oral history and numerous retellings of the same story report that Hezekiah Clem was the first person hanged in Harlan County in 1860. What if Hezekiah wasn’t hanged?

The stories circulating on the internet, in books, newspapers, blogs, forums, and other journalistic works recount a group of loosely knit outlaws related by blood and marriage committing a series of criminal activity in 1850’s and 1860’s Harlan County, Kentucky.

The primary persons described in the stories center around the following persons:

  • James Turner, alias “Devil Jim”, son of James Turner and Elizabeth Clay.
  • William Turner, Devil Jim’s brother.
  • Joseph Nolan, Jr., son of Joseph Nolan and Mary Marsee. Joseph was married to Elizabeth Farmer, daughter of Lewis Farmer and Anna Hurley. Elizabeth’s sister Joicy was married to Hezekiah Hall Clem. Joseph’s brother Chadwell Nolan would later marry Devil Jim’s sister Louisa in 1863.
  • Hezekiah “Kiah” Hall Clem, son of William Clem and Amy Tupsy Hall, the daughter of Hezekiah Hall and Sarah Porter. Hezekiah married Joicy Farmer, a daughter of Lewis Farmer. Joicy’s sister Elizabeth Farmer married Joseph Nolan, Jr. in 1853, making Hezekiah a brother-in-law to Nolan. Lewis Farmer also had a son, Leonard Farmer, a lawyer.
  • John Clem, brother to Hezekiah Hall Clem.
  • Francis Pace, son of Simeon Pace and Nancy Hall who is Amy Tupsy Hall’s sister; therefore, Francis was a first cousin to Hezekiah and John.
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Although the stories and their respective titles make it appear that Devil Jim was the leader of the outlaw group, the dates of the events and other sources suggest that Hezekiah Clem was the start of the troubles.[1] By extracting Hezekiah’s involvement and deeds, we get the following story:[2]

Hezekiah Hall Clem was described as a tough character with a fondness for hard alcohol, a violent temper, and a complete disregard for the law. In October 1854, Clem and Joseph Nolan were arrested and tried for killing and robbing John B. Clay for $95. Clay was the brother of James Turner’s mother, and therefore Devil Jim’s uncle. With the aid of their defense attorney, David Y. Lyttle, they were acquitted. After the trial, Nolan reformed his ways; Clem did not.

Two years later in 1856, Clem was indicted on several gaming and concealed weapons charges. The spring of 1859 was no better:

  • 01 April 1859: Clem was arrested for having a concealed weapon and stealing a bee gum full of honey from Isaac Noe.
  • 15 April 1859: Clem assaulted Benjamin Middleton.
  • 17 April 1859: Clem was arrested again for shooting off a pistol in the town limits.
  • 19 April 1859: Clem was charged on a complaint by David Bailey for “drawing a rock on him with intent of striking.”

Then came July 1859 with Hezekiah’s arrest and indictment along with his younger brother John for the murder of Ben Irvin.

To be continued in Part 2

[1] Pearce, John Ed. Days of Darkness:  The Feuds of Eastern Kentucky (1994). “Clem became known as a gunslinger, and [Devil] Jim fell in with him…”

[2] Compiled and edited from several sources:

Lawson, Ruby. “There Were 3.” Our Harlan County KY Page (Angelfire.com). 24 August 1947. Retrieved 08 April 2018:
http://www.angelfire.com/ky/mossierose/overton.html

Phillips, Garry. “The True Story of Hezekiah Clem, The First Man Hanged in Harlan County Kentucky. Did An Innocent Man Swing?” AuthorGarryPhillips.com. 08 August 2013. Retrieved 08 April 2018:
http://authorgarryphillips.com/2013/08/08/the-true-story-of-hezekiah-clem-the-first-man-hanged-in-harlan-county-kentucky-did-an-innocent-man-swing/

Potter, Annette. “Devil Jim Turner, Outlaw of Harlan County.” Potter Family:  Annette Potter Family Genealogy. 17 December 2015. Retrieved 08 April 2018:
http://www.yeahpot.com/feuds/deviljimturner.html

Lewellyn, Jim Bill. “A Hanging In Harlan County.” Facebook.com. 28 October 2016. Retrieved 08 April 2018:
https://www.facebook.com/groups/506299452738457/permalink/1133095666725496/

Timm, Holly. “Details of Incident Leading to Hanging Recalled.” Harlan Daily Enterprise Penny Pincher (09 December 1987).

“Devil Jim Turner, Outlaw of Harlan County, by Holly Fee:  Errors, Corrections, and Additions.” FrancisPace.Weebly.com. Publication date unknown. Retrieved 08 April 2018:
http://francispace.weebly.com/devil-jim-turner-outlaw-of-harlan-county-by-holly-timm.html

Philip Farmer assists families with breaking down their genealogical brick walls. He is currently assisting three families find information on their ancestors. Philip is also the author and publisher of “Edward Farmar and the Sons of Whitemarsh,” a biographical history of Major Jasper Farmar’s family immigration from Ireland to Pennsylvania. Their story continues with their immigration out of Whitemarsh Township into North Carolina, Virginia, and Tennessee, concluding with a biographical sketch of Stephen Farmer who settled in Harlan County, Kentucky. The continuation of Stephen’s story is currently in work.