CHAPTER X.

“A DANIEL COME TO JUDGEMENT”

The White-caps must have thought the change a bad one for them, for it is said every one of them bitterly opposed it, while some of the bolder ones made light of the fact that Judge Nelson should go to Sevier county for the purpose of punishing White-caps. Judge Nelson held his first court in Sevierville in July, 1897, an event which for weeks prior to this time, had been looked forward to with extraordinary interest.

All sorts of stories had been circulated as to what kind of a man the new Judge was, and what the real purpose and scope of his mission would be. Some thought all he had to do, was to hunt out the White-caps and send them to the penitentiary or hang them, without a trial by jury or the benefit of clergy; while others thought he would not have the nerve and the courage to go into a White-cap community and hold courts where all kind of threats had gone forth against courts, lawyers, officers and all who dared to speak out against White-cap outrages.

But the time for holding the July court came and with it came Judge Nelson and Attorney-General E. Fred. Mynatt, and when court was called on that July morning it is said that the little town of Sevierville was never so thronged with people; all anxious to see the new Judge and new Attorney-General.

The new court house was packed as long as one could get into it. Everybody wanted to hear the Judge’s charge and know what he had to say, and whether he would say anything about White-caps. On this subject everybody’s curiosity, if it may be called that, was satisfied.

After giving the grand jury a very strong and vigorous charge on the usual statutory offences, he then drew a copy of the new White-cap law from his pocket (as it had not yet been published in the Acts) and in a cool and deliberate manner, he stated the scope and purpose of the law and the causes which had brought it about.

It is said by those who had the good fortune to hear it, that he delivered one of the ablest and most eloquent charges on this subject that they had ever heard fall from the lips of any judge. He did not mince words nor seek evasions, but went straight to the core of the subject in hand. Every word struck terror to the very hearts of the White-caps who were present, and when he had finished there was a feeling of relief in the mind of every law-abiding citizen in the house.

The anti-White-cap cause had been strengthened a hundred percent, and nobody felt that there would be a failure on the judge’s part to administer the law without fear, favor or affection.

It was now felt that complete victory was within the power of the people through the medium of the courts, and that violators of the law whether White-caps or not, would suffer the penalties of the law.

At this term but few White-caps reported as jurors although several were on the lists and most of those who did report disqualified. A few, however, found their way into the jury box and when that fact was brought to the attention of the court he summarily deposed them, with the declaration that if they were White-caps they had no more right to sit on a jury than a horse thief.

Since Judge Nelson has been holding the courts at Sevierville it has been as easy to convict White-caps as any one else, and some of the most noted cases known to the bar of Tennessee have been tried in this court, among which may be mentioned the cases of the State against Pleas Wynn and Catlett Tipton, charged with the murder of William and Laura Whaley, which has already been referred to.

Everybody feels now, that White-capping is a thing of the past in Sevier county, and no further outbreak is feared. Several causes as above stated conspired to bring about this happy state of affairs where only a short time ago lawlessness prevailed and no man felt that he or his property was protected by the strong arm of the law.

We cannot close this chapter without making a personal mention of a few of the persons among the many that the people of Sevier county owe a debt of gratitude to, for the important part they took in restoring peace and safety to that rich and prosperous county. And first among the list is Tom H. Davis, the present sheriff of Sevier County.

He led the crusade against White-capping from the start. He boldly denounced them in public and private and encouraged the people to do the same thing. He as a deputy sheriff hunted down men charged with murder and landed them in jail; he offered rewards for criminals from his own private means and persuaded others to do the same thing; he went to Nashville at his own expense and stayed several weeks, securing the enactment of the two laws above referred to in this chapter. He, in truth was the moving spirit in setting on foot this legislation; he procured the assistance and influence of Hon. G. W. Pickle, attorney-general of the state, and even Governor Taylor himself.

Hon. John C. Houk, Senator from this Senatorial district, took especial interest in these measures and became their champion in the Senate.

Representative Parton took an active part and gave his influence in the House.

While Judge Nelson as has been stated, by his bold and fearless stand in dispensing the law inspired the people with new life and hope, it should not be forgotten that General E. F. Mynatt, the able attorney-general of the Knox county criminal district, has been no less a potent factor in bringing the guilty to justice and driving the White-caps from the courts and many of them from the country.

Some of his efforts in prosecuting White-cap murderers, were remarkable for vigor and ability. His closing arguments before the juries in the Wynn and Tipton cases is said to have been the finest efforts of his life and the most eloquent appeals ever made to a jury in Sevier county. Men and women wept like children, and the jurors were scarcely less affected.

The attorney-general was ably assisted in these prosecutions by his brother, R. A. Mynatt, assistant attorney-general.

In these cases the judge and the attorney-general can feel that they have discharged their duty, acting under their oaths as officers of the law. In the discharge of these duties they were ably assisted by Sheriff Maples, and his deputies, Davis, Keener, McGill and others, to whom the people of Sevier county will always feel grateful for their services in driving White-capping from the county.

No White-cap outrages have been committed in the county for nearly two years, and none at all we are told since Judge Nelson was assigned the duty of holding the courts in that county.

There is as much quiet and order in Sevier county now if reports be true as any county in the State. And even the little town of Sevierville , which for a time was the center and hot-bed of White-capping, and noted for a gang of “toughs” and general lawlessness, is now as quiet and orderly as any town in East Tennessee.

A rather amusing incident has been reported to the writer as having occurred in Sevierville on the first night that Judge Nelson and General Mynatt spent in that town, just prior to opening their first term of court.

Perhaps a dozen of the young bloods of the town who had been in the habit of making night hideous with their escapades, and on this particular occasion no doubt backed and encouraged by the White-caps who had not yet made Judge Nelson’s acquaintance, concluded that they would have some fine sport at the expense of the new judge and attorney-general. They thereupon organized their company and marched up and down the street in front of the hotel where the judge and attorney-general were stopping, singing: “Hang Judge Nelson to a sour apple tree,” etc., and then they would repeat the same with General Mynatt’s name, much to the annoyance of the visitors who had been told all sorts of stories about what they would see and hear in that White-cap town. But the judge, while no doubt annoyed, was not to be intimidated by this sort of conduct, and thereupon, sought the sheriff or some of his deputies and had him to secure the names of all of the night songsters, and turn them over to the attorney-general with instructions to indict every one of them for nuisances and general cussedness as soon as his grand jury was ready for work.

It was not long before this was done, and some time on Monday the sheriff appeared before the bar with about a dozen pale-faced young Americans who were charged with belonging to the Saturday nights choir. The judge thereupon delivered them a lecture they will perhaps never forget, and ordered them to give bond for their appearance at a future day, at which time they must answer for their conduct on the previous Saturday night. The boys retired feeling that they had awakened the wrong passenger. What became of the boys and the indictments against them we are not informed, but we understand that Judge Nelson and General Mynatt have never since been disturbed by these or other parties in their night slumbers and meditations.

Sevier county is one of the largest and richest counties in East Tennessee , noted for its rich farming lands and beautiful rivers and mountain scenery, as well as the intelligence and prosperity of its citizens. But it has one blot upon its history and that is its White-cap record. This only exists now, in history and not in practice.

The people are now making rapid strides to recover what they have lost in the last few years in reputation. They have recently constructed one of the most beautiful and convenient courthouses in East Tennessee, and are now engaged in building a splendid pike road from Sevierville to Knox county which will be worth thousands of dollars to them.

Long may they live to enjoy the peace and prosperity which now prevails in that beautiful section of East Tennessee, nestling as it does around the foot of the Great Smoky Mountains .

Chapter XI