Kristi: Would this be of any help? >From A History of Bath County, Kentucky, by J.A. Richards. Published by Southwest Printers, Yuma, Arizona. Copyright, 1961. Pages 232, 233, and 234. THE TACKETT CASE Prior to 1857 a harmless fellow named Frank Fielder and his wife resided on the waters of lower Prickley Ash Creek. A short distance above him on the same side of the creek resided one Milton P. Tackett, (whom Fielder) had become enamored of his wife and with whom he had for some time been engaged in an illicit relationship. It was their practice to meet at appointed times in a dense thicket which was located on the hillside south of their homes and just north of what is now the Owingsville-Wyoming Turnpike. One day, according to their usual practice, they met in this thicket and Fielder, in search of timber with which to make an axe handle, came upon them unawares. Using a large rock Tackett broke the arm of Fielder and while he was thus incapacitated attacked him with a knife inflicting upon his person wounds from which he died. For this homicide he was arrested, placed in jail, and charged with the murder of Fielder. Among those appearing as witnesses against him were Dr. Hudson Rutherford, Harrison McKinnivan, John McKinnivan, F. Vyscher, N. R. Jones, David Shrout, William Moore, Jones McCarty, Simpson Riggin, Joshua Ewing, David Parker, Matthew Maury, and Thomas Boaz. At his first trial a jury of Bath County citizens failed to agree on a verdict and Judge John W. Moore ordered a panel of jurors from Nicholas County for his second trial which was commenced on September 16th, 1857, and completed on September 19th. The old order in this case showing his conviction and sentence is not only interesting -enerally from a historical viewpoint, but will be of particular interest to the legal profession as it discloses how exact and particular the Court was to recite in the order each step taken on the day of his conviction, showing the exact minute the jury returned the verdict and the exact minute sentence of death was pronounced by the Court. This is the order of the Court: "This day came the Attorney for the Commonwealth, and the defendant was again brought to the bar in custody of the jailer and the jury appearing in Court according to adjournment and having heard the evidence as well as the argument of counsel retired to their room for the purpose of making a verdict and at fourteen minutes after four o'clock in the evening returned into Court the following verdict--'We the jury find the defendant guilty of murder'. The defendant remanded to jail and the Court took recess for one hour." "The Court met according to adjournment and the defendant was again brought to the bar in custody of the jailor and the Attorney for the Commonwealth appearing, the defendant by attorney filed ground in arrest of judgment and also for a new trial, which grounds both in arrest of judgment and for a new trial are overruled by the Court to which opinion overruling said grounds both in arrest of judgment and for a new trial the defendant excepts and the Court takes a recess until fifteen minutes after ten o'clock in the evening." "The Court again met according to adjournment and the defendant was brought into Court and being informed of the nature of the indictment, plea and verdict was asked at thirty minutes after ten o'clock in the evening if he had any legal cause to show why judgment should not be pronounced against him; he said that he had nothing more than he had already said." "It is adjudged that the defendant be taken to the jail of Bath County and there safely kept until the 20th day of November, 1857, on which day between sunrise and sunset, the Sheriff of Bath County shall hang him by the neck until dead - whereupon the defendant prayed an appeal to the Court of Appeals." Accordingly at 5 p.m., on the 20th of November, 1857, just at sunset, W. P. Conner, then Sheriff of Bath County, hanged Tackett by the neck on a gallows erected at the intersection of U.S. No. 60 and the Wyoming Turnpike. Veronica Baker