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?
In Part 1, we recount who Hezekiah Clem is, his family ties, and his notoriety, and in Part 2 we cover the crime and trial. Part 3 examines the dubious oral history of the hanging.
In addition to the analysis of the oral history covered in Part 3, two vital records also raise suspicion as to whether Hezekiah was hanged in 1860.
First, some background on the Clem family. Hezekiah Hall Clem and Joicy Farmer gave birth to a son Hezekiah Carr Clem in Harlan on 30 October 1858. A marriage bond dated 07 May 1883 has Hezekiah Carr Clem marrying Sarah Wynn. However, a death certificate of 01 May 1938 for a “Sally Clem” has information provided by a “John Clem” of Evarts, Kentucky, presumably her son John Cullen Clem. The information provided states that Sally was born 10 June 1867, the daughter of “W.M. Middleton” and “Susan Turner”, and that her widowed husband is “H.C. Clem”. This information may be incorrect as William Turner Wynn (b.1824, son of Achilles “Acles” Wynn and Lucy Turner) marries in 1848 in Harlan County to a Susannah Turner, born 1833 to James Brittain Turner and Elizabeth Clay. They have a daughter, Sarah. After William’s death, Susannah marries Lorenzo Dow Hall in 1870.
Accepting that “Sarah Wynn” is “Sally Clem”, Hezekiah Carr Clem’s marriage bond has “Kine Clem” as principal, and James B. Howard as surety.
As another nickname for “Hezekiah”, there are three possibilities as to the identity of “Kine”:
- Hezekiah Carr’s 24-year-old first cousin. His uncle William Clem Jr. (the senior Hezekiah’s brother) married Elizabeth Hall and they also had a son Hezekiah Clem born on 15 October 1859.
- Hezekiah Carr himself, but it would seem unusual that the bond would identify the same person under two names.
- Hezekiah Carr’s father, who supposedly hanged in 1860.
The other record that raises suspicion that Hezekiah did not die in 1860 is the death certificate for Joicy’s son Alexander, who along with his brother Lewis (or Louis), has created a very lengthy search to answer this question: if Hezekiah was hung in 1860, and with Alexander C. Clem[1] born about 1865 and Lewis[2] born about 1867, who are their fathers?
When Alexander died on 26 December 1929, the informant for his death certification was his son, Martin. The age is given as 64 years old; therefore Alexander was born about 1865, which also coincides with several federal census records. His wife is listed as “Rebecca Clem”, presumably Rebecca Huff who he married on 10 January 1887. His mother is listed as “Josie E. Farmer.”
Depending on interpretation of the handwriting, his father is shown as “Carr” or “Con” Clem. There is no Connor, Conrad, Conway, or other similar named Clem that fits the description for “Con”. A Conway Clem, son of Eva Clem Snowden, is born in 1917. Perhaps Hezekiah lived and adopted “Con” as a shortening of “Convict” to bemuse others? A plausible explanation for Con may be another misheard interpretation and that he was John Clem, brother of Hezekiah. Carr seems more likely; it is a name associated with Hezekiah as previously mentioned in Curtis Burnham Ledford’s oral history, along with other known variations to include Ki, Kiah, Clem, Clemons, Clemens, etc.[3]
Let’s assume Hezekiah died under a tree. Imagine you are his son Alexander growing up in Harlan County. Every year you celebrate another birthday knowing that you were born in 1865. As a child, all of your classmates have heard the stories of your father hanging in 1860 – it may have even been a rhyme while the girls were skipping rope. You and your classmates may have overheard the adults speak of how “Devil Jim” wouldn’t be who he is today if he hadn’t followed “that Hezekiah Clem” fellow. You do the math and realize that Hezekiah couldn’t possibly be your father. As a child you ask your mother Joicy, as well as your other relatives, if the stories are true. What reply do you get?
As you get older and as you go about town, people you meet personally knew Hezekiah, or knew of his actions. Everyone you meet thinks he hung from the gallows. Years later your son Martin is born and grows up with the town gossip. He’s asked, “Aren’t you the grandson of Hezekiah Clem who was hung on Buggar Hollow?” Your son Martin as well as your other children ask you “What happened? Is it true?”
So how do you reply? Do you tell everyone that yes, you are indeed the son of the infamous outlaw? Is that what your mother Joicy told you? Or did she tell you Hezekiah was a husband who died before you were born? If Hezekiah wasn’t your father, do you preserve his memory and proudly claim he was your father?
Now imagine you’re Martin and your father Alexander has just passed away. When completing the death certificate and you’re asked who the father is, what is your reply? If all of the questions above were answered with your grandfather was sentenced, but never hung, and if all of the questions regarding the identity of your father really is Hezekiah, you tell the coroner: Carr Clem.
So why isn’t Hezekiah in the census if he was still living? It may be that Hezekiah died before the 1870 federal census in which Joicy, Alexander, and Lewis appear. He may have lived past 1870, but we may never know. In a line-by-line search of Harlan County, there’s no 1880 census record for him, Joicy, James, William, Leonard, Hezekiah Carr, Alexander, or Lewis, nor do their names appear in a nationwide search. It’s highly plausible that Hezekiah moved out of Harlan, maybe even out of the country.[4] Years later during the Turner-Howard feuds, newspapers articles recounted how Will Turner killed William Gilbert and left for Texas, George Turner came to Harlan from Texas, several outlaws came in and out from Virginia, Wils[on] Howard repeatedly moved between Harlan and Missouri before he was hung there, and several others escaped into Tennessee. In 1896, a 12-year nationwide hunt for Charles Herndon for the murder of his wife moved him around Tennessee, Georgia, Texas, Mexico, and Oklahoma before he was captured in Colorado. When Governor William Goebel was assassinated in 1900, George Eager moved to New Mexico supposedly with the gun that shot him. Even Devil Jim as “persona non grata” travelled as far west as Toledo, Lewis County, Washington where he died on 05 March 1910.[5]
One other note of interest. Letters from esteemed citizens of Harlan County, including Leonard Farmer, William Clem, William Farmer, and Lewis Farmer, who are relatives of Hezekiah Clem, were sent to the sitting Governor(s) requesting clemency or pardons for various persons.[6] A letter was sent to Beriah Magoffin requesting a pardon of John Pace, charged and sentenced to two years in 1858 for buggery, known today as sodomy and/or bestiality. In April 1861 Francis Pace was convicted of bigamy and sentenced to three years hard labor in the penitentiary. A letter on Francis’ behalf was sent to Governor Bramlett, which coincidentally included the signature of Hezekiah Jennings, Clem’s jailer:
To his Excellency Governor Bramlett,
Frankfort Kentucky
We, the undersigned Petitioners would respectfully inform Your Excellency that at the April Term of the Harlan circuit Court 1861, Francis Pace, a citizen of this county was convicted of the Crime of Bigomy and sentenced to Three years confinement in the Kentucky Penitentiary We, inform Your Excellency that at the time He was convicted He was verry young verry ignorant and verry poore, had but few Friends, had no counsel and in fact, He did not know what plea or what proof was necessary to Acquit him. We further inform Your Excellency that we, believe He was not guilty as charged and that if He had been tried fairley He would not of been convicted, but even should He be guilty we think Two years and Six Month at hard labour is severe a Punishment enought to satisfy the Commonwealth for the crime— We have never seen but one Woman who said she was his wife and if He had any other We think she is satisfied with his absence and denies his being her husband —
We, hope your Excellency will extend to the poor and needy that a Degree of Charaty which is vested in you by the Constitution.
We tharefore Hope and petition your Excellency to pardon the said Pace,
Leonard Farmer
John Jons Jr
William Clem
Lewis Farmer
Hy Jennings (Jailer)
Wm. C. Farmer
Lewis Farmer Jr
Jos. Farmer
Speed Jones
Jno Jones sr.[7]
One could infer that a letter was not required to plead Hezekiah’s case because he had won on appeal. Alternately, one could argue that the wheels of justice moved too quickly from prosecution to execution for a letter to be written. It could also mean that a letter, if it exists, was not published in the collection.
Was Hezekiah Clem hanged? Maybe he was; maybe he wasn’t. Maybe Hezekiah was the Civil War-era Abe Vigoda, reminding everyone that the 1982 reports of his untimely demise was simply a hoax by annually reappearing on late night talk shows until his actual death in 2016. Or in Hezekiah’s circumstances, everyone heard the shocking news that the court house condemned the first man in the county to hang, but neglected to follow up when his case was overturned to less fanfare. Even today with Google at their immediate disposal, people are still victim to the Mandela Effect, remembering things that weren’t really there, or things that weren’t said. Perhaps he was set free and the time spent in the Harlan County jailhouse awaiting the gallows was enough to reform him like his brother-in-law Joseph Nolan. That there is no mention of him beyond 1860 can simply be attributed to a life of normalcy, away from any further crime, and a life not in the public spotlight – no different than any other leaf on a family tree. Aside from interpretations, errors, or omissions in memory or print, perhaps the only way to prove if Hezekiah died on a hot August day in 1860 is through the modern, scientific method of DNA testing. If a male descendant should prove one way or the other through spitting in a tube, the hope is that they inform and educate the rest of us. Genealogists, future family members, and other distant relatives will be forever thankful for it.
One other point of interest:
What about Lewis Clem? Family history is that Lewis’ mother passed away, and when his father was unable to care for him, he was adopted. The story is that his original surname was Livesay, quite possibly a descendant of Joseph Livesay, Sr. At this time, most information gathered is circumstantial evidence with requests for DNA testing of suspected descendants. If you have any supporting information regarding Lewis Clem, or you found a “Lewis” in your Livesay family Bible or records, please contact us by leaving a comment, or completing our contact form, or emailing us at sonsofwhitemarsh@outlook.com.
One July 20, a reader submitted additional evidence regarding Hezekiah Clem. Read the update here.
[1] Alexander’s name varies between sources with middle initial “C” or “Carr”. In the 1900 Federal Census, he is listed as “Alexander R. Clem” with his mother Joicy residing in the household; the middle initial “R” could be a misinterpretation upon incorrectly hearing the middle name of “Carr”. In the 1910 Federal Census, he is listed as “Alec Clem” although it appears an attempt was made to correct the last letter. In the 1920 Federal Census, he is listed as “Alex Clem.” Several forum posts on Ancestry.com in 2000 from “middleton” on the subject states a relationship with “Alexander Bradley Clem” either as a 1g- or a 2g- granddaughter depending on the post(s).
[2] Lewis Clem’s name varies between Lewis or Louis. An Ancestry.com forum post on 02 January 2000 from a “Mary” states her 3g grandfather was “Robert Lewis Clem” married to Mary Jane King.
[3] The Hall family of Harlan County had a “Hezekiah Hall” (1770-1853), Hezekiah Winfield “Carr” Hall (1810-1899), and Hezekiah Winfield “Kike” Hall, Jr. (1849-1937).
[4] A simple, well-worn headstone marks the grave of an “H. Clemens” in Canyon Hill Cemetery in Caldwell, Canyon County, Idaho (Find A Grave Memorial ID#117070848). No birth date, death date, or family relationships are given and a search for his death certificate yields no results. An “He. Clem”, age 27, single, of Athens, Limestone County, Alabama, appears on the 10 June 1861 muster rolls of the Confederate States of America. This record is most likely attributed to Pvt. John Henry Clem born 15 December 1834, son of Vincent Clem and Susan Elizabeth Johnson, who dies 20 January 1908 at the age of 73 and is buried in Pettusville, Limestone County, Alabama. (Find A Grave Memorial ID#22460799). At the end of the Civil War, several Confederate sympathizers moved to Mexico, Central America, and South America, particularly Brazil. Several of them returned to the United States before 1900.
[5] “James Brittain “Devil Jim” Turner”, Geneanet.org. Retrieved 11 April 2018:
https://gw.geneanet.org/ssharonbodet?lang=en&n=turner&oc=0&p=james+brittain+devil+jim
[6] More letters available including the 1858 letter regarding John Pace available via the Civil War Governors of Kentucky: Digital Documentary Edition, http://discovery.civilwargovernors.org/
[7] “Leonard Farmer et al. to Thomas E. Bramlette”, Civil War Governors of Kentucky: Digital Documentary Edition. Retrieved 09 April 2018:
http://discovery.civilwargovernors.org/document/KYR-0001-004-0167
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.
