1 00:00:00,240 --> 00:00:05,160 Speaker 1: This story contains adult content and language. Listener discretion is advised. 2 00:00:15,760 --> 00:00:18,200 Speaker 2: If a witcher said he was going to pay you money, 3 00:00:18,239 --> 00:00:20,440 Speaker 2: you don't need a contract. But if he says he's 4 00:00:20,440 --> 00:00:21,680 Speaker 2: going to shoot you, get out of town. 5 00:00:23,040 --> 00:00:26,320 Speaker 1: Victoria Smith and James Clement had always been in an 6 00:00:26,440 --> 00:00:30,800 Speaker 1: awful marriage that was poisoned by emotional abuse and accusations 7 00:00:30,800 --> 00:00:34,560 Speaker 1: of infidelity. Neither parent wanted the other to raise their 8 00:00:34,600 --> 00:00:38,640 Speaker 1: infant daughter, Lilia Maud, and when Victoria demanded a divorce 9 00:00:38,680 --> 00:00:42,400 Speaker 1: from James, it initiated a custody battle that pitted two 10 00:00:42,520 --> 00:00:47,040 Speaker 1: families against each other, two prominent families that were once close. 11 00:00:47,880 --> 00:00:50,720 Speaker 1: Just when it seemed like the story couldn't get any worse, 12 00:00:51,440 --> 00:00:57,760 Speaker 1: it did. Depositions were scheduled for September of eighteen fifty 13 00:00:57,840 --> 00:01:01,360 Speaker 1: nine in Sandy Level, Virginia to hear stories from family 14 00:01:01,360 --> 00:01:06,280 Speaker 1: members and witnesses. This meeting would be tainted by bitterness 15 00:01:06,280 --> 00:01:11,240 Speaker 1: and malice. It was assumed that everyone would come brandishing weapons, 16 00:01:11,640 --> 00:01:15,760 Speaker 1: some on their hips, others under their jackets. Who knows 17 00:01:15,840 --> 00:01:19,560 Speaker 1: how many guns and knives were there, and Lilia Maud's 18 00:01:19,600 --> 00:01:23,880 Speaker 1: great granddaughter, Vicki Borden says it seemed destined to end 19 00:01:24,000 --> 00:01:25,880 Speaker 1: in misery for both families. 20 00:01:26,560 --> 00:01:29,240 Speaker 3: So it was just a tragedy. It was terrible, and 21 00:01:29,280 --> 00:01:31,640 Speaker 3: it was a horrible thing for that part of Virginia 22 00:01:31,720 --> 00:01:34,680 Speaker 3: because they'd fought in the war and they owned all 23 00:01:34,760 --> 00:01:37,080 Speaker 3: the property and people looked up to them, and then 24 00:01:37,120 --> 00:01:38,880 Speaker 3: this horrible thing happened. 25 00:01:49,840 --> 00:01:52,800 Speaker 2: He said, it's just a dip in the road. 26 00:01:53,560 --> 00:01:55,720 Speaker 4: I bet is that right there? 27 00:01:55,800 --> 00:01:58,480 Speaker 5: Right there, there's like a dip in Then, oh, it's. 28 00:01:58,360 --> 00:01:59,120 Speaker 1: A hole in the ground. 29 00:01:59,200 --> 00:01:59,480 Speaker 6: That's it. 30 00:02:00,280 --> 00:02:05,320 Speaker 1: Have found that Wayne Woodchure and I have traveled just 31 00:02:05,360 --> 00:02:08,040 Speaker 1: a few miles from the Clement family home to the 32 00:02:08,080 --> 00:02:10,760 Speaker 1: side of a local store that played a very big 33 00:02:10,840 --> 00:02:14,519 Speaker 1: role in the feud. In eighteen fifty nine, the Witchers 34 00:02:14,600 --> 00:02:17,880 Speaker 1: and the Clements were ordered to attend depositions in the 35 00:02:17,919 --> 00:02:22,400 Speaker 1: divorce case of James Clement and Victoria Smith Clement. Both 36 00:02:22,440 --> 00:02:26,040 Speaker 1: families and their witnesses were scheduled to appear on Tuesday, 37 00:02:26,080 --> 00:02:30,560 Speaker 1: September thirteenth in Sandy Level, Virginia. The location where we 38 00:02:30,600 --> 00:02:34,520 Speaker 1: are is called Washington Dickinson's Store, and it would become 39 00:02:34,880 --> 00:02:36,240 Speaker 1: very important later on. 40 00:02:37,320 --> 00:02:40,200 Speaker 7: Madam, how are you going to get in there and 41 00:02:40,240 --> 00:02:41,680 Speaker 7: see it? 42 00:02:41,680 --> 00:02:43,000 Speaker 8: It's gotta jump the fence. 43 00:02:43,960 --> 00:02:46,560 Speaker 1: There's a I think that's a gap. Y'all are so funny. 44 00:02:46,600 --> 00:02:47,120 Speaker 1: We can go to. 45 00:02:53,880 --> 00:02:54,399 Speaker 8: Watch out. 46 00:02:54,639 --> 00:02:55,720 Speaker 1: I think that's the hole. 47 00:02:56,200 --> 00:02:57,240 Speaker 8: There's a hole right there. 48 00:02:57,840 --> 00:03:01,240 Speaker 1: Dickinson's store was destroyed years ago, but we found our 49 00:03:01,240 --> 00:03:04,000 Speaker 1: way to the remnants of the building. There's just not 50 00:03:04,120 --> 00:03:04,640 Speaker 1: much left. 51 00:03:14,400 --> 00:03:15,800 Speaker 8: But yeah, there's snake skins. 52 00:03:15,840 --> 00:03:18,120 Speaker 1: Oh boy, Oh what kind of snake do we think 53 00:03:18,160 --> 00:03:18,520 Speaker 1: that is? 54 00:03:22,800 --> 00:03:26,800 Speaker 8: And there's a stone right there, building stone right there. 55 00:03:29,560 --> 00:03:31,080 Speaker 4: Right here? 56 00:03:31,120 --> 00:03:37,880 Speaker 8: Yep, so right here on this very side that shooting 57 00:03:37,920 --> 00:03:38,440 Speaker 8: took place. 58 00:03:38,840 --> 00:03:40,600 Speaker 1: Huh, you're right, that's the original stone. 59 00:03:42,240 --> 00:03:46,080 Speaker 8: And let's tree here is probably one hundred years later. 60 00:03:46,520 --> 00:03:47,600 Speaker 8: Who knew this was here? 61 00:03:48,600 --> 00:03:51,120 Speaker 1: And nobody would ever know that that's what this was. 62 00:03:52,160 --> 00:03:54,040 Speaker 3: There's just a hole in the ground of this. 63 00:03:53,960 --> 00:03:56,160 Speaker 8: There was a store and that's where the shooting took place. 64 00:03:57,200 --> 00:03:59,920 Speaker 1: This store was a big deal for Wayne's family because 65 00:04:00,080 --> 00:04:05,320 Speaker 1: people died there. Crazy, we're tempting Wayne with too much stuff. 66 00:04:05,560 --> 00:04:06,920 Speaker 1: His head's gonna explode. 67 00:04:08,080 --> 00:04:11,080 Speaker 8: I'm realist. I know I can't get it all, but 68 00:04:11,240 --> 00:04:12,880 Speaker 8: I am going to preserve this. 69 00:04:14,200 --> 00:04:16,359 Speaker 1: I visited a lot of murder scenes for both my 70 00:04:16,360 --> 00:04:19,480 Speaker 1: books and my podcasts, but this location feels a little 71 00:04:19,520 --> 00:04:22,520 Speaker 1: different because I've never been able to stand on the 72 00:04:22,560 --> 00:04:27,960 Speaker 1: precise spot of so much bloodshed. Finding the remnants of 73 00:04:28,000 --> 00:04:32,320 Speaker 1: Dickinson's store is pretty exciting, but this location wouldn't enter 74 00:04:32,400 --> 00:04:37,760 Speaker 1: the story just yet. If what happened at Dickinson's Store 75 00:04:37,960 --> 00:04:40,800 Speaker 1: was the climax of the drama between the Witchers and 76 00:04:40,839 --> 00:04:47,479 Speaker 1: the Clements, then Sandy Level was the inciting incident. In 77 00:04:47,520 --> 00:04:50,560 Speaker 1: September of eighteen fifty nine, the Witchers and the Clements 78 00:04:50,640 --> 00:04:54,760 Speaker 1: prepared for a crucial court case. Victoria had temporary custody 79 00:04:54,839 --> 00:04:57,360 Speaker 1: of Liliah Maud, who is now six months old, but 80 00:04:57,400 --> 00:05:01,239 Speaker 1: the little girl's father wanted to change that. Victoria wanted 81 00:05:01,320 --> 00:05:04,560 Speaker 1: permanent custody of their daughter, and she wanted to force 82 00:05:04,680 --> 00:05:08,200 Speaker 1: her soon to be ex husband to pay more monetary support. 83 00:05:09,080 --> 00:05:12,919 Speaker 1: Victoria accused James of being a tyrant at home, a 84 00:05:13,000 --> 00:05:16,840 Speaker 1: dangerous abuser who threatened her life and almost killed several 85 00:05:16,920 --> 00:05:21,440 Speaker 1: enslaved people. Victoria was afraid that he would eventually kill 86 00:05:21,480 --> 00:05:26,719 Speaker 1: her or their daughter. James accused Victoria of being a 87 00:05:26,800 --> 00:05:30,800 Speaker 1: chronic cheater who regularly abused him and his family, and 88 00:05:30,839 --> 00:05:36,200 Speaker 1: then promptly abandoned their child. Sometime in the weeks before 89 00:05:36,240 --> 00:05:43,159 Speaker 1: the depositions, Lilia Maud disappeared. Someone from James's family snuck 90 00:05:43,200 --> 00:05:47,560 Speaker 1: into Victoria's mother's home and took the little girl. Victoria 91 00:05:47,680 --> 00:05:51,880 Speaker 1: immediately contacted the sheriff to demand that Lilia Maud be returned. 92 00:05:52,279 --> 00:05:55,719 Speaker 1: The sheriff agreed, he retrieved the little girl and returned 93 00:05:55,720 --> 00:05:58,919 Speaker 1: her to her mother. James was threatened with a ten 94 00:05:59,000 --> 00:06:02,040 Speaker 1: thousand dollars penalty if he tried to take Lilliamaud again. 95 00:06:07,320 --> 00:06:10,919 Speaker 1: Former law school professor Linda Frost says that during many 96 00:06:10,960 --> 00:06:14,800 Speaker 1: custody hearings, the parents do prioritize their children over their 97 00:06:14,839 --> 00:06:15,600 Speaker 1: own feelings. 98 00:06:16,480 --> 00:06:18,960 Speaker 9: Most of them, in their heart of hearts, want what's 99 00:06:19,000 --> 00:06:22,599 Speaker 9: best for their child because in the more acrimonious divorces 100 00:06:22,640 --> 00:06:25,600 Speaker 9: where people are going out and hiring lawyers and fighting, 101 00:06:25,680 --> 00:06:28,680 Speaker 9: particularly over custody, because fighting over money, the laws a 102 00:06:28,680 --> 00:06:31,720 Speaker 9: little clearer and it's not quite as personal. But you know, 103 00:06:32,120 --> 00:06:34,719 Speaker 9: with a child, not everybody can win. You have to 104 00:06:34,720 --> 00:06:36,120 Speaker 9: make some really hard decisions. 105 00:06:36,320 --> 00:06:39,440 Speaker 1: But Frost says that those hard decisions can be troublesome 106 00:06:39,480 --> 00:06:43,119 Speaker 1: for judges who have to play referee between two very 107 00:06:43,240 --> 00:06:46,560 Speaker 1: angry parents, and sometimes they're families. 108 00:06:46,800 --> 00:06:50,960 Speaker 9: And so those fights can get really, really acrimonious because 109 00:06:50,960 --> 00:06:53,320 Speaker 9: it goes to the heart of who you love and 110 00:06:53,360 --> 00:06:57,400 Speaker 9: care about your child. Most people ultimately want what's best 111 00:06:57,440 --> 00:07:01,200 Speaker 9: for their child, but they also believe that they know 112 00:07:01,240 --> 00:07:03,640 Speaker 9: what's best for their child, they would be the better caretaker. 113 00:07:03,760 --> 00:07:06,159 Speaker 9: They are getting divorced because there are things that they 114 00:07:06,360 --> 00:07:09,760 Speaker 9: are not liking in their former partner. 115 00:07:09,960 --> 00:07:12,600 Speaker 1: And that's how both the Clements and the Witchers felt 116 00:07:12,640 --> 00:07:16,960 Speaker 1: about Lilia Maud. As the depositions in Sandy Level approached, 117 00:07:17,240 --> 00:07:19,880 Speaker 1: the former couple kept their distance from each other. 118 00:07:20,600 --> 00:07:21,040 Speaker 4: For now. 119 00:07:28,720 --> 00:07:31,480 Speaker 1: There were law experts in both families, so the Witchers 120 00:07:31,480 --> 00:07:35,000 Speaker 1: and the Clements each represented their own side. Ralph Clements 121 00:07:35,120 --> 00:07:37,880 Speaker 1: was a practicing attorney in Franklin County, so he worked 122 00:07:37,920 --> 00:07:43,080 Speaker 1: on James's case. Vincent Oliver Witcher, the prestigious lawmaker, represented 123 00:07:43,080 --> 00:07:47,520 Speaker 1: his granddaughter. When Vicky Borden was younger, her father talked 124 00:07:47,560 --> 00:07:50,080 Speaker 1: to her about the feud. The girl at the center 125 00:07:50,120 --> 00:07:54,720 Speaker 1: of this fight, Liliah Maud, was his beloved grandmother. Vicki's 126 00:07:54,720 --> 00:07:58,080 Speaker 1: father told her that before the depositions, there was increasing 127 00:07:58,240 --> 00:08:02,360 Speaker 1: stress across the community of the event, not just between 128 00:08:02,400 --> 00:08:06,520 Speaker 1: the Witches and the Clements. When two powerful families quarrel, 129 00:08:06,880 --> 00:08:09,040 Speaker 1: it can affect everyone around them. 130 00:08:09,720 --> 00:08:13,320 Speaker 3: My father said that in his growing up that they 131 00:08:13,360 --> 00:08:16,440 Speaker 3: said it was building up the whole time they were 132 00:08:16,440 --> 00:08:20,160 Speaker 3: in the county seat to have this thing come before 133 00:08:20,200 --> 00:08:24,240 Speaker 3: the judge, that it was building up between these two families. 134 00:08:24,280 --> 00:08:26,920 Speaker 3: It was so tense, and the people in the town 135 00:08:27,080 --> 00:08:30,080 Speaker 3: always said that the tension was so thick, and they 136 00:08:30,120 --> 00:08:34,440 Speaker 3: knew something terrible was going to happen, and it did. 137 00:08:36,800 --> 00:08:40,679 Speaker 1: The night before the divorced depositions were taken on September thirteenth, 138 00:08:40,720 --> 00:08:43,720 Speaker 1: eighteen fifty nine, the Witches and the Clements arrived at 139 00:08:43,760 --> 00:08:44,480 Speaker 1: Sandy Level. 140 00:08:45,000 --> 00:08:47,679 Speaker 8: They met in Sandy Level, Pennsylvania County, for the purpose 141 00:08:47,760 --> 00:08:51,160 Speaker 8: of listening to each party bring their case forward. 142 00:08:51,600 --> 00:08:54,120 Speaker 1: The families stayed away from each other, but when they 143 00:08:54,280 --> 00:08:57,240 Speaker 1: entered the room the next morning, there were already signs 144 00:08:57,280 --> 00:09:01,240 Speaker 1: of strain. The families eyed each from across the room, 145 00:09:01,640 --> 00:09:05,040 Speaker 1: and the two attorneys, Vincent Oliver Witcher and Ralph Clement, 146 00:09:05,520 --> 00:09:11,200 Speaker 1: organized their papers as the proceedings began. There was a 147 00:09:11,200 --> 00:09:14,400 Speaker 1: lot at stake during these depositions. In the legal documents 148 00:09:14,440 --> 00:09:18,640 Speaker 1: submitted by Victoria and James, there were allegations of infidelity 149 00:09:18,679 --> 00:09:22,280 Speaker 1: and abuse, and both of those claims were serious charges 150 00:09:22,320 --> 00:09:27,520 Speaker 1: that were magnified by the fight over Lilia Maud. Victoria 151 00:09:27,600 --> 00:09:31,400 Speaker 1: believed that James had an estate worth at least sixteen 152 00:09:31,480 --> 00:09:34,760 Speaker 1: thousand dollars worth more than half a million dollars today, 153 00:09:35,000 --> 00:09:37,720 Speaker 1: though James had claimed that all of that money was 154 00:09:37,760 --> 00:09:42,120 Speaker 1: his father's, not his. Victoria had written in her bill 155 00:09:42,160 --> 00:09:45,080 Speaker 1: of complaint that she had heard that he would renew 156 00:09:45,120 --> 00:09:48,480 Speaker 1: his abuse and his slanderous charges if she took him 157 00:09:48,520 --> 00:09:52,360 Speaker 1: to court. She believed that if given the chance, James 158 00:09:52,400 --> 00:09:57,440 Speaker 1: would take his money and their daughter and leave Virginia forever. Now, 159 00:09:57,640 --> 00:10:00,920 Speaker 1: James had never denied that in in fact, he said 160 00:10:00,920 --> 00:10:04,400 Speaker 1: that Lillia Maud would be better off without Victoria. This 161 00:10:04,440 --> 00:10:07,800 Speaker 1: is the quote. The child has been raised thus far 162 00:10:08,000 --> 00:10:11,680 Speaker 1: principally by hand and not from its mother's breast, and 163 00:10:11,760 --> 00:10:14,360 Speaker 1: that she had been in the habit of frequently going 164 00:10:14,400 --> 00:10:17,559 Speaker 1: from home and leaving it to be attended by others. 165 00:10:18,320 --> 00:10:22,120 Speaker 1: James accused Victoria of abandoning their daughter so she could 166 00:10:22,120 --> 00:10:28,840 Speaker 1: continue her trysts with Buck Gilbert. As dozens of people 167 00:10:28,920 --> 00:10:32,199 Speaker 1: filed into the room that morning, Ralph Clement and Vincent 168 00:10:32,240 --> 00:10:36,079 Speaker 1: Oliver Witcher looked over their lists of witnesses. One of 169 00:10:36,120 --> 00:10:39,400 Speaker 1: the first was Sherwood Shelton, who worked for Johnston Clement 170 00:10:39,600 --> 00:10:43,280 Speaker 1: and lived in his house. Sherwood told the attorneys that 171 00:10:43,400 --> 00:10:46,760 Speaker 1: Victoria came to his house that night in August fleeing 172 00:10:46,800 --> 00:10:50,560 Speaker 1: from James. James came to retrieve her and then threatened 173 00:10:50,600 --> 00:10:54,280 Speaker 1: Sherwood's life. The Sheltons were like family to the Clements, 174 00:10:54,360 --> 00:11:01,120 Speaker 1: so this was really damaging evidences. Burger was up next. 175 00:11:01,559 --> 00:11:05,440 Speaker 1: James Clement believed that Victoria had been engaged to George's 176 00:11:05,480 --> 00:11:09,240 Speaker 1: brother Samuel, just a few weeks before James married her. 177 00:11:10,120 --> 00:11:14,120 Speaker 1: George never fully answered the question during the depositions, so 178 00:11:14,280 --> 00:11:20,040 Speaker 1: there was little context to those rumors. But if there 179 00:11:20,080 --> 00:11:22,920 Speaker 1: were one star witness in the divorce of James Clement 180 00:11:23,000 --> 00:11:27,359 Speaker 1: and Victoria Smith, it was Buck Gilbert, the man accused 181 00:11:27,400 --> 00:11:32,120 Speaker 1: of sleeping with Victoria Clement and ruining their promising marriage. 182 00:11:32,160 --> 00:11:36,079 Speaker 1: For his part, Buck denied any involvement with Victoria, only 183 00:11:36,120 --> 00:11:39,800 Speaker 1: admitting that they were friends. Buck understood how important his 184 00:11:39,880 --> 00:11:44,400 Speaker 1: testimony would be, and Bill Gaurnt says that was bad 185 00:11:44,440 --> 00:11:48,959 Speaker 1: news for his relative because James Clement was very focused 186 00:11:49,040 --> 00:11:50,040 Speaker 1: on Buck Gilbert. 187 00:11:51,080 --> 00:11:54,120 Speaker 4: He was a very jealous guy, and he continued to 188 00:11:54,200 --> 00:11:58,120 Speaker 4: think that Victoria had a thing for Buck Gilbert, and 189 00:11:58,200 --> 00:12:00,880 Speaker 4: I think that Victoria didn't mind letting him think that, 190 00:12:01,040 --> 00:12:04,600 Speaker 4: because she just didn't mind pushing his buttons. The Gilberts 191 00:12:04,640 --> 00:12:07,760 Speaker 4: lived in Franklin County. Witchers lived in Pennsylvania County, but 192 00:12:07,760 --> 00:12:10,280 Speaker 4: they're right on the border. So Buck shows up for 193 00:12:10,280 --> 00:12:12,600 Speaker 4: his deposition in Sandy Level. 194 00:12:16,240 --> 00:12:19,319 Speaker 1: James Clement glared at Buck as he approached the witness 195 00:12:19,400 --> 00:12:23,520 Speaker 1: chair while a stenographer took notes. James had been humiliated 196 00:12:23,640 --> 00:12:26,800 Speaker 1: both by the alleged affair and by being served with 197 00:12:26,880 --> 00:12:30,760 Speaker 1: divorce papers. Bill Gaurant says that Buck was trapped in 198 00:12:30,840 --> 00:12:34,120 Speaker 1: a courtroom with a man who hated him. 199 00:12:34,000 --> 00:12:37,240 Speaker 4: And so he was just crazy, jealous and angry, and 200 00:12:37,240 --> 00:12:39,240 Speaker 4: the divorces were very scanless in those days. 201 00:12:39,520 --> 00:12:42,880 Speaker 1: Other witnesses had come before Buck, but because each seemed 202 00:12:42,920 --> 00:12:45,280 Speaker 1: to be related to either the Witches or the Clements, 203 00:12:45,559 --> 00:12:49,240 Speaker 1: it was difficult to discern fact from fiction. The witnesses 204 00:12:49,240 --> 00:12:53,080 Speaker 1: from the Witchers contended that Victoria had excellent character. She 205 00:12:53,240 --> 00:12:56,800 Speaker 1: was a faithful wife, while friends of the Clements claimed 206 00:12:56,880 --> 00:13:01,160 Speaker 1: they never witnessed any signs of James's control violent behavior. 207 00:13:02,120 --> 00:13:05,160 Speaker 1: None of the witnesses seemed to offer much context for 208 00:13:05,240 --> 00:13:09,360 Speaker 1: the allegations of abuse and infidelity, and everyone seemed so 209 00:13:09,600 --> 00:13:14,319 Speaker 1: surprised that such a promising marriage would devolve into a wretched, 210 00:13:14,760 --> 00:13:21,360 Speaker 1: regretful relationship. Now it was time for Buck Gilbert to 211 00:13:21,440 --> 00:13:25,400 Speaker 1: answer some very invasive questions from both families and to 212 00:13:25,440 --> 00:13:29,240 Speaker 1: share his side of the story. First, he answered each 213 00:13:29,320 --> 00:13:34,120 Speaker 1: question from Victoria's representative, Vincent Oliver Witcher, her own grandfather, 214 00:13:34,559 --> 00:13:39,080 Speaker 1: the military leader, non intimidating at all. Vincent Oliver's goal 215 00:13:39,200 --> 00:13:42,880 Speaker 1: was to salvage his granddaughter's delicate reputation by proving that 216 00:13:42,960 --> 00:13:47,360 Speaker 1: Buck and Victoria were absolutely not having an affair. Are 217 00:13:47,360 --> 00:13:51,440 Speaker 1: you acquainted with Victoria c Clement, Vincent Oliver asked Buck, 218 00:13:52,000 --> 00:13:56,160 Speaker 1: I am, he replied. Vincent Oliver asked Buck about the 219 00:13:56,280 --> 00:13:59,560 Speaker 1: evening he and two witchermen spent the night with the couple, 220 00:14:00,080 --> 00:14:03,040 Speaker 1: the night that resulted in James accusing him of seducing 221 00:14:03,160 --> 00:14:06,760 Speaker 1: Victoria and leaving the door unlocked. Buck told the court 222 00:14:07,080 --> 00:14:09,880 Speaker 1: next morning, James our Clement asked me if I had 223 00:14:09,920 --> 00:14:13,440 Speaker 1: gone out of doors that night, and before or after 224 00:14:13,480 --> 00:14:15,840 Speaker 1: he asked the question, he asked me if I heard 225 00:14:15,920 --> 00:14:19,400 Speaker 1: any noise about the house that night. Buck denied to 226 00:14:19,520 --> 00:14:22,840 Speaker 1: James that he had ever left, And then Buck said 227 00:14:22,880 --> 00:14:26,080 Speaker 1: something interesting on the stand. He said that James had 228 00:14:26,080 --> 00:14:29,320 Speaker 1: not accused him of sleeping with Victoria. He thought that 229 00:14:29,360 --> 00:14:31,920 Speaker 1: Buck might have gone out drinking and made some noise 230 00:14:31,920 --> 00:14:34,840 Speaker 1: on the way out. But Buck claimed that the two 231 00:14:34,840 --> 00:14:38,560 Speaker 1: Witchers were actually to blame for that noise. Buck testified. 232 00:14:39,040 --> 00:14:41,680 Speaker 1: They said one of them had occasion to get up 233 00:14:41,720 --> 00:14:45,000 Speaker 1: that night and made some blunders in the dark, which 234 00:14:45,080 --> 00:14:47,360 Speaker 1: they said made a good deal of noise, and that 235 00:14:47,600 --> 00:14:50,600 Speaker 1: seemed to relieve Clement's mind so far as the noise 236 00:14:50,680 --> 00:14:54,800 Speaker 1: was concerned. So, according to Buck, James seemed concerned about 237 00:14:54,840 --> 00:14:58,040 Speaker 1: Buck sneaking out to drink alcohol, not sneaking out to 238 00:14:58,080 --> 00:15:02,120 Speaker 1: fool around with Victoria. In fact, Buck said that James 239 00:15:02,160 --> 00:15:05,640 Speaker 1: never directly accused him of sleeping with his wife. That's 240 00:15:05,640 --> 00:15:09,080 Speaker 1: a very different story than Victoria told about what happened 241 00:15:09,080 --> 00:15:12,360 Speaker 1: that night. She said that James had confronted both of 242 00:15:12,400 --> 00:15:16,280 Speaker 1: them about an affair, so who was telling the truth. 243 00:15:21,480 --> 00:15:25,040 Speaker 1: After a few more questions, Vincent Oliver Witcher concluded his 244 00:15:25,160 --> 00:15:29,640 Speaker 1: queries and took a seat. Buck now seemed slightly more 245 00:15:29,680 --> 00:15:34,440 Speaker 1: nervous because James's brother, Ralph Clement had risen to his feet. 246 00:15:35,120 --> 00:15:40,080 Speaker 1: His questions would certainly be much sharper. Ralph walked over 247 00:15:40,120 --> 00:15:43,080 Speaker 1: to Buck Clement and glared at the witness before asking 248 00:15:43,600 --> 00:15:46,560 Speaker 1: were you not in the habit of visiting or did 249 00:15:46,560 --> 00:15:51,000 Speaker 1: you not sometimes visit the said Victoria see Clement and 250 00:15:51,080 --> 00:15:56,520 Speaker 1: find her husband absent and spend some time with her alone. 251 00:15:56,600 --> 00:16:00,880 Speaker 1: This inquiry surely made everyone in the courtroom money. It 252 00:16:01,000 --> 00:16:05,320 Speaker 1: was a very inflammatory accusation, particularly in the nineteenth century 253 00:16:05,400 --> 00:16:09,720 Speaker 1: when a woman's virtue and honor were prized. Buck replied 254 00:16:09,760 --> 00:16:13,040 Speaker 1: calmly that if he had ever visited with Victoria without 255 00:16:13,040 --> 00:16:16,400 Speaker 1: her husband, that it wasn't for very long. He said, 256 00:16:16,640 --> 00:16:19,880 Speaker 1: I am confident I was never there. Fifteen minutes before 257 00:16:19,920 --> 00:16:24,800 Speaker 1: he made an appearance. Ralph Clement's questions only became more aggressive. 258 00:16:25,160 --> 00:16:28,920 Speaker 1: He asked, Buck, were you not there one whole evening 259 00:16:29,120 --> 00:16:32,600 Speaker 1: with Victoria C. Clement when James R. Clement and Bailey 260 00:16:32,760 --> 00:16:37,040 Speaker 1: Julian were at name in Law's till near night. Name 261 00:16:37,040 --> 00:16:39,480 Speaker 1: in Law was a middle aged married farmer in the 262 00:16:39,520 --> 00:16:44,000 Speaker 1: same county as Victoria and James. Buck confirmed that he 263 00:16:44,160 --> 00:16:47,080 Speaker 1: was at Victoria's house that evening when James was at 264 00:16:47,120 --> 00:16:50,360 Speaker 1: Nayman's home, but Buck couldn't remember if they had actually 265 00:16:50,440 --> 00:16:54,400 Speaker 1: ever been alone. Ralph Clement seemed to be growing frustrated. 266 00:16:54,920 --> 00:16:58,560 Speaker 1: He asked Buck, state if you did not often or 267 00:16:58,720 --> 00:17:01,960 Speaker 1: sometimes go near to the residents of James R. Clement, 268 00:17:02,440 --> 00:17:06,720 Speaker 1: either alone or in company with another after dark. Buck 269 00:17:06,760 --> 00:17:10,280 Speaker 1: thought for a moment and replied, upon one occasion, I 270 00:17:10,400 --> 00:17:13,840 Speaker 1: was not very far from his house with another after dark. 271 00:17:14,440 --> 00:17:18,119 Speaker 1: Buck said he was pursuing a runaway enslaved person, but 272 00:17:18,359 --> 00:17:26,200 Speaker 1: Ralph Clement seemed incredulous, and with that Buck Gilbert's deposition 273 00:17:26,320 --> 00:17:34,640 Speaker 1: was complete for the day. The court adjourned for the night, 274 00:17:34,880 --> 00:17:37,360 Speaker 1: and the families made sure to stay far away from 275 00:17:37,400 --> 00:17:42,320 Speaker 1: each other. The countryside at night in the autumn can 276 00:17:42,359 --> 00:17:47,680 Speaker 1: feel refreshing or inhospitable, depending on who or what might 277 00:17:47,720 --> 00:17:51,360 Speaker 1: be lurking in the dark. At that time, there were, 278 00:17:51,520 --> 00:17:56,120 Speaker 1: of course, no street lights, just starlight, and both families 279 00:17:56,160 --> 00:17:59,639 Speaker 1: knew that the other was out there somewhere. They wondered 280 00:17:59,640 --> 00:18:07,240 Speaker 1: if to morrow's depositions would end peacefully. The next morning's 281 00:18:07,240 --> 00:18:10,120 Speaker 1: depositions were set to begin at nine, so as they 282 00:18:10,119 --> 00:18:13,280 Speaker 1: had before, the witnesses all filed into the courthouse a 283 00:18:13,280 --> 00:18:18,040 Speaker 1: little beforehand. Buck Gilbert was supposed to resume his testimony 284 00:18:18,119 --> 00:18:21,800 Speaker 1: as soon as the proceedings began. James Clement was seated 285 00:18:21,800 --> 00:18:24,760 Speaker 1: at a table talking with his brother Johnston, but he 286 00:18:24,880 --> 00:18:28,679 Speaker 1: kept looking over to Buck. Buck and James glared at 287 00:18:28,680 --> 00:18:34,640 Speaker 1: each other. Certainly they each remembered the accusations. James believed 288 00:18:34,680 --> 00:18:37,720 Speaker 1: that Buck was sleeping with his wife, and Buck believed 289 00:18:37,800 --> 00:18:42,320 Speaker 1: that James, who was once his friend, was delusional. Both 290 00:18:42,359 --> 00:18:48,640 Speaker 1: Buck and James were armed. This wouldn't end well. Bill 291 00:18:48,680 --> 00:18:51,960 Speaker 1: Gurant and Wayne Witcher explained what happened next. 292 00:18:52,760 --> 00:18:54,439 Speaker 4: James and one of his brothers as they are, but 293 00:18:54,480 --> 00:18:57,720 Speaker 4: insults were delivered. Pistols were produced. The shooting broke out. 294 00:18:59,359 --> 00:19:02,160 Speaker 8: There was a shoe and there were people shot, including 295 00:19:02,200 --> 00:19:04,119 Speaker 8: mister Gilbert and two of the Clement men. 296 00:19:06,200 --> 00:19:09,320 Speaker 1: Everyone in the courtroom ran as the smoke thickened. The 297 00:19:09,359 --> 00:19:12,960 Speaker 1: blasts echoed across the walls of the room. There was 298 00:19:13,000 --> 00:19:16,640 Speaker 1: confusion and blood. There were nine shots in all, and 299 00:19:16,840 --> 00:19:21,760 Speaker 1: five hit someone. All three men were shot Buck Gilbert 300 00:19:21,840 --> 00:19:26,480 Speaker 1: and both James and Johnston Clement. Ralph Clement, the family attorney, 301 00:19:26,600 --> 00:19:31,080 Speaker 1: stood to the side. Someone called for a horse and buggy, 302 00:19:31,119 --> 00:19:34,160 Speaker 1: which quickly hauled James and Johnston to their family's home 303 00:19:34,160 --> 00:19:38,680 Speaker 1: in Franklin County, but Buck Gilbert was just grazed and 304 00:19:38,800 --> 00:19:43,879 Speaker 1: he was able to walk away. James and Johnston Clement 305 00:19:43,960 --> 00:19:47,080 Speaker 1: were not as lucky. Both would be bedridden for some 306 00:19:47,280 --> 00:19:51,840 Speaker 1: time with serious injuries. James's father, doctor George Clement, would 307 00:19:51,920 --> 00:19:55,320 Speaker 1: later make a public statement. He insisted that his son 308 00:19:55,440 --> 00:20:00,000 Speaker 1: James was innocent. The doctor wrote that James was sitting quietly, 309 00:20:00,440 --> 00:20:04,000 Speaker 1: engaging in a conversation with a gentleman when Buck Gilbert 310 00:20:04,080 --> 00:20:07,920 Speaker 1: drew his gun and fired at him. Doctor Clement said 311 00:20:08,000 --> 00:20:11,560 Speaker 1: James was surprised at the attack and defenseless. He didn't 312 00:20:11,560 --> 00:20:15,160 Speaker 1: even have time to draw his weapon. That seems unlikely, 313 00:20:15,280 --> 00:20:18,960 Speaker 1: because all three men were shot. Someone on the Clement 314 00:20:19,080 --> 00:20:22,360 Speaker 1: side had time to draw a weapon. But it didn't 315 00:20:22,359 --> 00:20:27,280 Speaker 1: matter now. Thanks to some haphazard insults and several serious injuries, 316 00:20:27,640 --> 00:20:30,520 Speaker 1: the depositions and the divorce were now derailed. 317 00:20:31,080 --> 00:20:33,280 Speaker 4: They just decided to postpone the depositions at that. 318 00:20:33,280 --> 00:20:34,479 Speaker 10: Point, no kidding. 319 00:20:41,000 --> 00:20:44,679 Speaker 1: Back at the Mountain View Plantation, James Clement's stepmother tended 320 00:20:44,680 --> 00:20:47,760 Speaker 1: to his injuries as he lay thinking about everything that 321 00:20:47,840 --> 00:20:52,879 Speaker 1: happened that day. James was bedridden and very concerned both 322 00:20:52,960 --> 00:20:56,200 Speaker 1: about his health and what might happen the next time 323 00:20:56,240 --> 00:21:00,720 Speaker 1: the Witchers and the Clements saw each other. Nothing good. 324 00:21:01,800 --> 00:21:04,520 Speaker 1: James was so concerned about his own life that he 325 00:21:04,640 --> 00:21:08,200 Speaker 1: made an important decision to dictate his will just six 326 00:21:08,320 --> 00:21:11,440 Speaker 1: days after being shot by Buck Gilbert and Sandy Level. 327 00:21:12,760 --> 00:21:17,880 Speaker 1: The document read, I James R. Clement, of the County 328 00:21:17,920 --> 00:21:21,239 Speaker 1: of Franklin and State of Virginia, contemplating the end of 329 00:21:21,320 --> 00:21:25,560 Speaker 1: life from assassination or attack from my enemies, do make 330 00:21:25,640 --> 00:21:30,800 Speaker 1: this my last will and testament. James left everything to 331 00:21:30,840 --> 00:21:34,879 Speaker 1: his daughter, Lilia maud Clement, if James died before she 332 00:21:35,000 --> 00:21:38,320 Speaker 1: turned twenty one. He wanted his sister and her husband 333 00:21:38,440 --> 00:21:41,879 Speaker 1: appointed as the infants guardians, and they would receive his 334 00:21:42,119 --> 00:21:45,280 Speaker 1: assets until she either married or left their home as 335 00:21:45,320 --> 00:21:50,760 Speaker 1: an adult, and then he addressed his estranged wife in 336 00:21:50,880 --> 00:21:55,639 Speaker 1: his will. James wrote to my Victoria C. Clement, I 337 00:21:55,720 --> 00:21:59,879 Speaker 1: give nothing, having, as I confidently believe, dishonored my bed, 338 00:22:00,320 --> 00:22:04,240 Speaker 1: left my house and home, and used every exertion to 339 00:22:04,520 --> 00:22:08,360 Speaker 1: ruin me in character and purse. I think she has 340 00:22:08,400 --> 00:22:11,879 Speaker 1: forfeited all right to dower in my estate, and I 341 00:22:11,920 --> 00:22:16,520 Speaker 1: wish to exclude her from it altogether. That's not surprising 342 00:22:16,600 --> 00:22:24,000 Speaker 1: considering how acrimonious their relationship had become. The Witchers and 343 00:22:24,040 --> 00:22:27,040 Speaker 1: the Clements brought loads of weapons to the store that day, 344 00:22:27,160 --> 00:22:30,679 Speaker 1: and they were prepared to use them for seemingly any reason. 345 00:22:31,119 --> 00:22:33,639 Speaker 1: There were up to nine shots fired and just a 346 00:22:33,680 --> 00:22:37,760 Speaker 1: handful of injuries. Clearly this divorce wasn't going well, but 347 00:22:37,920 --> 00:22:42,120 Speaker 1: considering there were worse possible outcomes, both families had actually 348 00:22:42,160 --> 00:22:48,160 Speaker 1: come away lucky for now. Author Dian King wrote the 349 00:22:48,200 --> 00:22:51,199 Speaker 1: most comprehensive book to date about the feud between the 350 00:22:51,240 --> 00:22:55,280 Speaker 1: Hatfields and the McCoys. King appeared on my other podcast, 351 00:22:55,400 --> 00:22:58,679 Speaker 1: Wicked Words. He says that when a McCoy accused a 352 00:22:58,720 --> 00:23:01,320 Speaker 1: hat Field of stealing his home, there was a trial. 353 00:23:02,080 --> 00:23:05,280 Speaker 1: The Justice of the Peace presiding over the trial was 354 00:23:05,400 --> 00:23:09,320 Speaker 1: a McCoy, and he made a few strategic decisions before 355 00:23:09,400 --> 00:23:10,320 Speaker 1: testimony began. 356 00:23:11,320 --> 00:23:15,160 Speaker 11: As his jurors, he picked six McCoys and six Hatfields. 357 00:23:15,640 --> 00:23:18,399 Speaker 11: You have these two powerful families. Imagine if you weren't 358 00:23:18,400 --> 00:23:21,879 Speaker 11: a Hatfield McCoy and we're sitting on that jury, it 359 00:23:21,880 --> 00:23:24,560 Speaker 11: wouldn't work out for you either way. It was all 360 00:23:24,600 --> 00:23:28,320 Speaker 11: Hatfield's McCoy's, and Pretrance was a very respected guy. They 361 00:23:28,359 --> 00:23:32,000 Speaker 11: all came fully armed to his house for the trial, 362 00:23:32,400 --> 00:23:35,440 Speaker 11: and he made everybody put their weapons aside. He gave 363 00:23:35,480 --> 00:23:38,400 Speaker 11: them a stern talking to and said, do unto your 364 00:23:38,400 --> 00:23:40,879 Speaker 11: neighbor as you would have them do unto you. You know, 365 00:23:40,960 --> 00:23:44,640 Speaker 11: don't take family sides. Let's decide this right. 366 00:23:47,520 --> 00:23:50,720 Speaker 1: Disarming both families and invoking the Bible might have worked 367 00:23:50,720 --> 00:23:53,000 Speaker 1: with the Hatfields and the McCoys, but there was no 368 00:23:53,160 --> 00:23:56,399 Speaker 1: mention of either of those things and the depositions between 369 00:23:56,440 --> 00:23:59,439 Speaker 1: the Witchers and the Clements, and there would be no 370 00:23:59,560 --> 00:24:04,159 Speaker 1: mention those things in the next depositions either. What a 371 00:24:04,240 --> 00:24:18,520 Speaker 1: tragic mistake. The first set of depositions in James and 372 00:24:18,600 --> 00:24:22,480 Speaker 1: Victoria's divorce was delayed after the gun battle between the 373 00:24:22,520 --> 00:24:27,760 Speaker 1: Clement brothers and Buck Gilbert. James and Johnston Clement both recovered, 374 00:24:27,960 --> 00:24:31,200 Speaker 1: but their anger toward everyone who wasn't in their family 375 00:24:31,440 --> 00:24:36,760 Speaker 1: had deepened, particularly toward the Witchers. James feared what would 376 00:24:36,760 --> 00:24:40,640 Speaker 1: become of Lilia Maud if Victoria gained full custody. How 377 00:24:40,680 --> 00:24:43,880 Speaker 1: could she be raised by a woman who was so unfaithful? 378 00:24:45,160 --> 00:24:49,880 Speaker 1: For her part, Victoria grew uneasy that perhaps James might 379 00:24:49,960 --> 00:24:53,960 Speaker 1: be allowed to raise their daughter without her. What if 380 00:24:53,960 --> 00:24:57,760 Speaker 1: people believed his stories about their horrible marriage over her 381 00:24:57,840 --> 00:25:03,680 Speaker 1: own stories. More depositions were scheduled for Saturday, February twenty fifth, 382 00:25:03,680 --> 00:25:07,160 Speaker 1: eighteen sixty, back at Dickinson's store. So this was five 383 00:25:07,160 --> 00:25:12,640 Speaker 1: months later. But when two powerful, outraged families despise each 384 00:25:12,680 --> 00:25:16,800 Speaker 1: other this much, those months could feel like an eternity. 385 00:25:17,560 --> 00:25:20,760 Speaker 1: So they made threats from a distance, and in the 386 00:25:20,800 --> 00:25:24,280 Speaker 1: months leading up to these depositions there was a lot 387 00:25:24,280 --> 00:25:30,639 Speaker 1: of target practice. Jane Borden is Lilia Maud's great great granddaughter. 388 00:25:31,200 --> 00:25:33,720 Speaker 1: She says that the Clements and the Witchers made it 389 00:25:33,760 --> 00:25:37,480 Speaker 1: clear that if weapons were drawn at these upcoming depositions 390 00:25:37,800 --> 00:25:40,399 Speaker 1: that neither family would miss this. 391 00:25:40,359 --> 00:25:46,720 Speaker 7: Time, they both were doing target practice in advance, clearly 392 00:25:46,960 --> 00:25:49,560 Speaker 7: posturing to one another. I mean, I'm sure they also 393 00:25:49,720 --> 00:25:52,320 Speaker 7: wanted to practice because they thought this could end badly, 394 00:25:52,440 --> 00:25:55,320 Speaker 7: but it seems more like posturing. I mean, it's a 395 00:25:55,359 --> 00:25:57,399 Speaker 7: foregone conclusion when you're doing stuff like that. 396 00:26:00,600 --> 00:26:03,719 Speaker 1: The men fired all kinds of guns at every different 397 00:26:03,800 --> 00:26:06,639 Speaker 1: kind of target. It was clear that the winter months 398 00:26:06,640 --> 00:26:09,440 Speaker 1: had done nothing to cool the anger between the Witchers 399 00:26:09,480 --> 00:26:15,080 Speaker 1: and the Clements. Jane's mother, Vicky Borden, believes that both 400 00:26:15,119 --> 00:26:17,440 Speaker 1: families had reasons to be resentful. 401 00:26:18,200 --> 00:26:22,240 Speaker 3: Well, I think that the Clements and all of their 402 00:26:22,280 --> 00:26:26,880 Speaker 3: relatives were furious that Victoria would dare to leave him, 403 00:26:27,119 --> 00:26:30,240 Speaker 3: and I think the Witchers and all of Victoria's family 404 00:26:30,359 --> 00:26:33,480 Speaker 3: were furious that she felt like she had to leave him. 405 00:26:34,040 --> 00:26:37,760 Speaker 1: Vicky says that shooting guns might sound ominous, but the 406 00:26:37,800 --> 00:26:40,440 Speaker 1: Witchers and the Clements didn't have a history of killing 407 00:26:40,480 --> 00:26:44,880 Speaker 1: people without provocation, even during war. The Clement brothers might 408 00:26:44,880 --> 00:26:47,800 Speaker 1: have shot at Buck Gilbert, but many in their community 409 00:26:47,880 --> 00:26:51,000 Speaker 1: thought it was kind of a fluke, and so did 410 00:26:51,080 --> 00:26:54,560 Speaker 1: Lilia Maud, who told Vicky's father all about the shootout. 411 00:26:54,640 --> 00:27:00,879 Speaker 1: From Victoria's point of view, Victoria told Maud that the 412 00:27:00,960 --> 00:27:04,399 Speaker 1: target practice might have seemed scary and threatening, but no 413 00:27:04,440 --> 00:27:05,600 Speaker 1: one took it seriously. 414 00:27:06,600 --> 00:27:10,240 Speaker 3: Nobody and either family ever thought they'd really shoot and 415 00:27:10,320 --> 00:27:14,400 Speaker 3: knife each other. They wanted them to know how angry 416 00:27:14,440 --> 00:27:18,440 Speaker 3: they were. They wanted to threaten each other, but they 417 00:27:18,560 --> 00:27:22,000 Speaker 3: never intended to kill each other. That wass not who 418 00:27:22,040 --> 00:27:22,520 Speaker 3: they were. 419 00:27:23,480 --> 00:27:26,520 Speaker 1: Well, we do know that they owned enslaved people, and 420 00:27:26,560 --> 00:27:29,480 Speaker 1: we know that James had abused them, and others in 421 00:27:29,520 --> 00:27:32,320 Speaker 1: this story likely did too, So it doesn't seem like 422 00:27:32,359 --> 00:27:35,119 Speaker 1: a stretch to me to assume that both the Clements 423 00:27:35,240 --> 00:27:38,960 Speaker 1: and the Witchers were capable of violence. Vicky says that 424 00:27:39,040 --> 00:27:42,800 Speaker 1: her great grandmother's parents might have hated each other, but 425 00:27:42,920 --> 00:27:46,200 Speaker 1: they loved Lilia Maud and no one wanted to leave 426 00:27:46,240 --> 00:27:51,040 Speaker 1: her orphaned. The Witchers and the Clements were affluent and influential. 427 00:27:51,400 --> 00:27:55,200 Speaker 1: They weren't criminals who reacted without considering the consequences. 428 00:27:55,680 --> 00:27:58,879 Speaker 3: They weren't families who killed each other. These were not 429 00:27:59,200 --> 00:28:03,359 Speaker 3: those kinds of people. These were different. These were legislators, 430 00:28:03,359 --> 00:28:06,080 Speaker 3: and these were not people who got guns and went 431 00:28:06,119 --> 00:28:08,920 Speaker 3: out and killed somebody because they didn't like what they did. 432 00:28:09,680 --> 00:28:11,040 Speaker 3: But it was threatening. 433 00:28:11,680 --> 00:28:15,600 Speaker 1: But Clement relative Desmond Kendrick, isn't so sure. He says 434 00:28:15,600 --> 00:28:18,919 Speaker 1: that both families felt forced to defend their honor, and 435 00:28:18,960 --> 00:28:22,119 Speaker 1: the more time that passed, the more difficult it became 436 00:28:22,240 --> 00:28:26,280 Speaker 1: to control themselves. That would become obvious as the day 437 00:28:26,320 --> 00:28:28,000 Speaker 1: of the depositions approached. 438 00:28:29,080 --> 00:28:32,240 Speaker 10: Well, I feel like that divorce proceeding in eighteen fifty 439 00:28:32,359 --> 00:28:35,320 Speaker 10: nine was just a little spark when she was trying 440 00:28:35,320 --> 00:28:37,320 Speaker 10: to get the divorce because at the time, you didn't 441 00:28:37,359 --> 00:28:40,360 Speaker 10: do that. And so then in February of eighteen sixty 442 00:28:40,440 --> 00:28:42,920 Speaker 10: when that really came about, I think that really hit 443 00:28:42,960 --> 00:28:45,520 Speaker 10: the fan, and they were just almost looking for a 444 00:28:45,560 --> 00:28:47,960 Speaker 10: reason to get into something, not just the Witchers of 445 00:28:48,000 --> 00:28:50,160 Speaker 10: the Clements. But that's just my thinking on it from 446 00:28:50,200 --> 00:28:52,200 Speaker 10: what I've understood for both sides of it. So I 447 00:28:52,200 --> 00:28:53,320 Speaker 10: don't blame anybody. 448 00:28:54,480 --> 00:28:58,200 Speaker 1: But by the time this feud ended, one family seemed 449 00:28:58,400 --> 00:29:01,600 Speaker 1: much more to blame than the other, or won felt 450 00:29:01,640 --> 00:29:05,120 Speaker 1: a great loss, but both families would pay a price 451 00:29:05,280 --> 00:29:09,160 Speaker 1: for generations, and as a nation approached a civil war, 452 00:29:09,440 --> 00:29:17,800 Speaker 1: there was resentment and tension and anger everywhere, a nationwide feud. 453 00:29:19,720 --> 00:29:22,640 Speaker 1: By February of eighteen sixty, the United States was still 454 00:29:22,680 --> 00:29:26,520 Speaker 1: about nine months away from electing Abraham Lincoln as president. 455 00:29:30,520 --> 00:29:33,680 Speaker 1: America was more than a year away from becoming entrenched 456 00:29:33,720 --> 00:29:37,000 Speaker 1: in the Civil War, where Virginia would become a central figure. 457 00:29:37,520 --> 00:29:40,400 Speaker 1: Virginia would soon be one of the eleven states to 458 00:29:40,440 --> 00:29:43,680 Speaker 1: secede from the Union. Following the election of Abraham Lincoln 459 00:29:43,680 --> 00:29:47,640 Speaker 1: as president in November of eighteen sixty, Southerners worried that 460 00:29:47,680 --> 00:29:50,160 Speaker 1: Lincoln would put an end to slavery and When the 461 00:29:50,200 --> 00:29:54,720 Speaker 1: Confederate States of America formed, President Jefferson Davis picked Richmond 462 00:29:54,800 --> 00:29:58,719 Speaker 1: as its capital, but historian Kelly Brennan says that in 463 00:29:58,800 --> 00:30:02,360 Speaker 1: eighteen sixty the country wasn't just on the precipice of 464 00:30:02,440 --> 00:30:06,480 Speaker 1: bloody battles. There were already pockets of violence across America, 465 00:30:06,840 --> 00:30:09,160 Speaker 1: foreshadowing the division of a country. 466 00:30:10,360 --> 00:30:13,400 Speaker 5: Things are going nuts. We've had violence break out a 467 00:30:13,480 --> 00:30:16,360 Speaker 5: number of different places, particularly in the South. Yet John Brown, 468 00:30:16,520 --> 00:30:19,720 Speaker 5: who has these violent raids because he's trying to liberate 469 00:30:19,800 --> 00:30:22,880 Speaker 5: enslaved people. You have the fact that you're seeing the 470 00:30:22,880 --> 00:30:26,400 Speaker 5: publication of more abolitionist tracts. They're actually trying to move 471 00:30:26,480 --> 00:30:27,680 Speaker 5: into the South. 472 00:30:28,200 --> 00:30:30,720 Speaker 1: The state would soon split, with the western half of 473 00:30:30,800 --> 00:30:34,600 Speaker 1: Virginia supporting the Union, pitting some families against each other. 474 00:30:35,520 --> 00:30:40,280 Speaker 1: The fisions opening all across America were becoming irreparable, and 475 00:30:40,320 --> 00:30:43,720 Speaker 1: back in Virginia there was similar turmoil and division between 476 00:30:43,880 --> 00:30:50,000 Speaker 1: two families caused by years of mistrust and disloyalty. Historian 477 00:30:50,080 --> 00:30:52,760 Speaker 1: Bill Gurant says that there were two main catalysts for 478 00:30:52,880 --> 00:30:58,440 Speaker 1: this final confrontation, James Clement and Captain Vincent Oliver Witcher. 479 00:31:00,640 --> 00:31:01,080 Speaker 10: Witcher. 480 00:31:01,600 --> 00:31:05,360 Speaker 4: Captain Witcher I call him when his let's say, the 481 00:31:05,440 --> 00:31:09,719 Speaker 4: virtue of his granddaughter was challenged, it's all somebody's going 482 00:31:09,760 --> 00:31:12,520 Speaker 4: to die for that, and that meant all of his 483 00:31:12,600 --> 00:31:14,440 Speaker 4: sons were going to have to stand up for that 484 00:31:14,480 --> 00:31:16,600 Speaker 4: position as well. They probably felt it as strong as 485 00:31:16,600 --> 00:31:16,920 Speaker 4: he did. 486 00:31:17,480 --> 00:31:20,600 Speaker 1: James Clement and Vincent Oliver might have been the loudest 487 00:31:20,680 --> 00:31:24,280 Speaker 1: voices during the depositions, but both men drew in their 488 00:31:24,320 --> 00:31:27,320 Speaker 1: own family members, whether they wanted to be included or not. 489 00:31:28,880 --> 00:31:31,480 Speaker 4: Likewise, you know the Clements. It wasn't just James who 490 00:31:31,520 --> 00:31:33,480 Speaker 4: was showing up at this stuff. Him and his brothers. 491 00:31:34,880 --> 00:31:37,560 Speaker 1: On the day of the depositions, both families traveled just 492 00:31:37,600 --> 00:31:40,600 Speaker 1: a few miles from their homes to Washington Dickinson's store. 493 00:31:41,200 --> 00:31:43,840 Speaker 1: There was a county courthouse about twenty miles away, which 494 00:31:43,880 --> 00:31:46,400 Speaker 1: doesn't sound like far to travel in twenty twenty two, 495 00:31:46,920 --> 00:31:49,720 Speaker 1: but Wayne Witcher and Bill Grant say that in the 496 00:31:49,760 --> 00:31:53,440 Speaker 1: mid eighteen hundreds, riding a long distance could actually affect 497 00:31:53,440 --> 00:31:54,640 Speaker 1: the outcome of a trial. 498 00:31:55,120 --> 00:31:57,800 Speaker 8: It took a lot of time to travel to where 499 00:31:57,840 --> 00:32:00,720 Speaker 8: the courthouse was, which would have been in Adam, which 500 00:32:00,760 --> 00:32:04,080 Speaker 8: is the center of Pittsylvania County, and the Dickinson Store 501 00:32:04,280 --> 00:32:06,800 Speaker 8: is kind of on the edge of Pittsylvania County, so 502 00:32:07,000 --> 00:32:10,280 Speaker 8: they would set up a place closer to where the 503 00:32:10,320 --> 00:32:12,880 Speaker 8: individuals lived, and it was more convenient for them to 504 00:32:12,880 --> 00:32:13,880 Speaker 8: get the witnesses there. 505 00:32:14,360 --> 00:32:16,800 Speaker 4: I remember this is before the age of automobiles. Took 506 00:32:16,800 --> 00:32:18,560 Speaker 4: a long time to get from one place to another. 507 00:32:18,800 --> 00:32:21,280 Speaker 4: The depositions have to occur within the county of the 508 00:32:21,320 --> 00:32:23,360 Speaker 4: residents of the witness. If you said it so that 509 00:32:23,400 --> 00:32:26,320 Speaker 4: it's ridiculously inconvenient, they may be excused from attending or something. 510 00:32:26,640 --> 00:32:29,080 Speaker 4: So they probably just chose that store as a central 511 00:32:29,120 --> 00:32:31,640 Speaker 4: place that had a place like this room where the 512 00:32:31,760 --> 00:32:34,160 Speaker 4: witness and the lawyers could talk and the sonographer could 513 00:32:34,160 --> 00:32:35,600 Speaker 4: set up and take down the testimony. 514 00:32:35,760 --> 00:32:38,480 Speaker 1: And it's likely that the depositions were scheduled close to 515 00:32:38,520 --> 00:32:42,480 Speaker 1: both families. Because James Clement still had not recovered from 516 00:32:42,520 --> 00:32:45,680 Speaker 1: the shooting last fall, the only way he could attend 517 00:32:45,680 --> 00:32:48,720 Speaker 1: the depositions in February was if he stayed lying down 518 00:32:48,760 --> 00:32:50,880 Speaker 1: in a bed that would be rolled into the store. 519 00:32:53,800 --> 00:32:57,000 Speaker 1: Just like during the first set of depositions, James Clement 520 00:32:57,120 --> 00:33:01,560 Speaker 1: and Victoria Witcherd Smith were represented by family members. Victoria's 521 00:33:01,560 --> 00:33:05,080 Speaker 1: case was once again presented by her grandfather, Vincent Alliver Witcher, 522 00:33:05,320 --> 00:33:09,920 Speaker 1: and once again Ralph Clement was representing James. The second 523 00:33:09,920 --> 00:33:12,880 Speaker 1: set of depositions went very much like the first. Each 524 00:33:12,960 --> 00:33:15,960 Speaker 1: side had a list of witnesses, though Buck Gilbert wasn't 525 00:33:16,000 --> 00:33:19,600 Speaker 1: at Dickinson's store this time. After the shootout in Sandy Level, 526 00:33:20,040 --> 00:33:23,680 Speaker 1: Buck left town and refused to return, probably a good idea. 527 00:33:25,120 --> 00:33:29,160 Speaker 1: These question and answer sessions seemed more intense than the last, 528 00:33:29,600 --> 00:33:33,520 Speaker 1: likely because everyone knew how many weapons each side was carrying, 529 00:33:33,880 --> 00:33:36,360 Speaker 1: and because there had been so much anger on display 530 00:33:36,480 --> 00:33:39,600 Speaker 1: in the months since the last time the families met. 531 00:33:41,280 --> 00:33:45,400 Speaker 1: Judge Robert Mitchell was the justice taking the depositions. After 532 00:33:45,440 --> 00:33:49,000 Speaker 1: a day of recording the witness's statements, Elizabeth Bennett sat 533 00:33:49,040 --> 00:33:51,720 Speaker 1: in the witness chair, ready to give her thoughts about 534 00:33:51,840 --> 00:33:57,520 Speaker 1: Victoria and James Clement. Bennett could have been seen as controversial, 535 00:33:57,680 --> 00:34:00,920 Speaker 1: at least to the Witchers. She and the c were friends. 536 00:34:01,480 --> 00:34:04,440 Speaker 1: She and her husband lived on Ralph's land. Bennett had 537 00:34:04,440 --> 00:34:09,120 Speaker 1: seen James and Victoria interact many times. Her testimony would 538 00:34:09,160 --> 00:34:12,080 Speaker 1: likely have an impact on how the marriage was framed. 539 00:34:13,239 --> 00:34:16,799 Speaker 1: The Witchers thought that Bennett would undermine Victoria's claims that 540 00:34:16,960 --> 00:34:21,200 Speaker 1: James was abusive. Vincent Oliver Witcher would have none of that. 541 00:34:23,239 --> 00:34:26,719 Speaker 1: Vincent Oliver Witcher sprang up, turned to Judge Mitchell and 542 00:34:26,800 --> 00:34:29,840 Speaker 1: made a motion for an adjournment of taking the woman's deposition. 543 00:34:30,360 --> 00:34:32,560 Speaker 1: He told the judge that he and his family lived 544 00:34:32,600 --> 00:34:36,040 Speaker 1: fifteen miles from Dickinson's store and it seemed impossible to 545 00:34:36,040 --> 00:34:40,120 Speaker 1: finish the deposition before nightfall. Vincent Oliver Witcher hoped to 546 00:34:40,160 --> 00:34:45,200 Speaker 1: postpone the testimony for a few more days. Ralph Clement 547 00:34:45,320 --> 00:34:48,879 Speaker 1: stood up and insisted they stay and continue the examination. 548 00:34:50,000 --> 00:34:54,399 Speaker 1: Captain Witcher glared at Ralph and then questioned the witness's truthfulness. 549 00:34:54,560 --> 00:34:57,680 Speaker 1: That might have actually been the real reason for the postponement. 550 00:34:58,640 --> 00:35:01,840 Speaker 1: Captain Witcher sat back down and glanced over at James Clement. 551 00:35:02,600 --> 00:35:07,960 Speaker 1: Vincent Oliver's sons and his grandson Addison sat nearby. Wayne 552 00:35:07,960 --> 00:35:10,720 Speaker 1: Witcher and Bill Gurant explain what happened next. 553 00:35:11,840 --> 00:35:15,200 Speaker 8: Captain Vincent Oliver Witcher objected to one of the witnesses 554 00:35:15,200 --> 00:35:18,120 Speaker 8: who were being examined, saying that she was brought into 555 00:35:18,400 --> 00:35:20,800 Speaker 8: the case by the Clements and was under their control. 556 00:35:20,920 --> 00:35:24,200 Speaker 8: And Ralph Clement, who was the attorney of James Clement 557 00:35:24,280 --> 00:35:27,480 Speaker 8: at that point said, whoever said that told a damned lie. 558 00:35:28,440 --> 00:35:31,359 Speaker 4: Captain Witcher stood up and said say that again, which 559 00:35:31,400 --> 00:35:33,200 Speaker 4: Clement said, you heard what I said, and I stand 560 00:35:33,280 --> 00:35:33,719 Speaker 4: by what I. 561 00:35:33,680 --> 00:35:38,319 Speaker 8: Said, whereupon Vincent Oliver Witcher replied, you had better make 562 00:35:38,360 --> 00:35:41,839 Speaker 8: your remarks more direct than Captain Witcher rose from his chair, 563 00:35:41,920 --> 00:35:44,000 Speaker 8: put his hand in his bosom, and drew out a 564 00:35:44,040 --> 00:35:46,240 Speaker 8: five shooter, stepped toward Ralph Clement. 565 00:35:46,600 --> 00:35:49,280 Speaker 4: How can you know they won't influence the witness? Boom, 566 00:35:49,320 --> 00:35:50,080 Speaker 4: the guns come out. 567 00:35:51,239 --> 00:35:55,480 Speaker 1: Bill Garant and Vicky Borden say that the argument deteriorated quickly, 568 00:35:56,480 --> 00:35:58,279 Speaker 1: in tragically, and it. 569 00:35:58,400 --> 00:36:00,279 Speaker 3: Got out of hand. And it got out of hand 570 00:36:00,360 --> 00:36:03,719 Speaker 3: because of one guy in the courtroom accused of how 571 00:36:03,800 --> 00:36:07,160 Speaker 3: the guy being a liar, and then all the threats 572 00:36:07,160 --> 00:36:10,520 Speaker 3: and all the hatred and all the violence just bubbled 573 00:36:10,560 --> 00:36:11,759 Speaker 3: over and that was it. 574 00:36:12,239 --> 00:36:14,600 Speaker 8: What I'm wondering is why they didn't make them check 575 00:36:14,680 --> 00:36:17,759 Speaker 8: their guns and knives at the door. Kind of interesting. 576 00:36:17,840 --> 00:36:19,520 Speaker 8: They had to have known that this would happen. 577 00:36:20,840 --> 00:36:24,319 Speaker 1: The second set of depositions had always seemed destined for 578 00:36:24,440 --> 00:36:28,240 Speaker 1: disaster for both families, and in the years that followed, 579 00:36:28,440 --> 00:36:31,719 Speaker 1: locals often blamed the Witchers for the violence that would 580 00:36:31,800 --> 00:36:36,680 Speaker 1: unfold that day, but Edith Witcher Gordon says that criticism 581 00:36:36,800 --> 00:36:38,560 Speaker 1: has rarely bothered her family. 582 00:36:39,320 --> 00:36:41,799 Speaker 2: I don't think people really cared. But it was disgraceful 583 00:36:41,880 --> 00:36:44,319 Speaker 2: or not. It was just who we were, and I 584 00:36:44,320 --> 00:36:46,640 Speaker 2: don't think people cared. This is just part of who 585 00:36:46,680 --> 00:36:49,120 Speaker 2: we are. And you talk about the good, the bad, 586 00:36:49,160 --> 00:36:52,120 Speaker 2: and anything in between, and it is that people sat 587 00:36:52,120 --> 00:36:53,960 Speaker 2: around talking about it all the time. But you know, 588 00:36:54,040 --> 00:36:57,680 Speaker 2: when family reunions are gatherings or any things, a lot 589 00:36:57,680 --> 00:37:00,160 Speaker 2: of times usually some of the older ones would bring 590 00:37:00,239 --> 00:37:02,640 Speaker 2: up something like that and then conversations would occur. But 591 00:37:02,760 --> 00:37:04,360 Speaker 2: I didn't hear that much about it where I was 592 00:37:04,400 --> 00:37:04,960 Speaker 2: growing up. 593 00:37:07,000 --> 00:37:11,040 Speaker 1: Retired law school professor Linda Frost says that in our society, 594 00:37:11,400 --> 00:37:14,600 Speaker 1: there are habitual criminals and then there are people who 595 00:37:14,640 --> 00:37:19,680 Speaker 1: simply made a mistake, sometimes a very big mistake. But 596 00:37:19,840 --> 00:37:22,400 Speaker 1: those people shouldn't necessarily be condemned. 597 00:37:23,080 --> 00:37:24,920 Speaker 9: I think that's a neat and tidy way to think 598 00:37:24,960 --> 00:37:27,840 Speaker 9: about it. To label somebody a criminal. You know, I 599 00:37:27,880 --> 00:37:30,560 Speaker 9: would hate to be known by my worst act in 600 00:37:30,600 --> 00:37:33,760 Speaker 9: my life. That would not be good. But I think 601 00:37:34,080 --> 00:37:38,000 Speaker 9: we label people as criminals rather than somebody who at 602 00:37:38,000 --> 00:37:41,920 Speaker 9: one point had a problem with the legal system. That is, 603 00:37:41,960 --> 00:37:44,120 Speaker 9: assuming that the system worked as it's supposed to, and 604 00:37:44,160 --> 00:37:46,920 Speaker 9: they actually are cultable because there are people who are 605 00:37:46,920 --> 00:37:48,560 Speaker 9: not culpable who are caught up in it. 606 00:37:50,400 --> 00:37:53,760 Speaker 1: Wesley Witcher says that no matter what happens to the Witchers, 607 00:37:54,080 --> 00:37:57,560 Speaker 1: no matter which century it happens, in the family will 608 00:37:57,600 --> 00:38:01,600 Speaker 1: always stay unified. You know, I've said this in other seasons, 609 00:38:01,640 --> 00:38:03,439 Speaker 1: but blood is thicker than water. 610 00:38:04,600 --> 00:38:06,840 Speaker 6: You're never going to be an outcast in this family. 611 00:38:06,880 --> 00:38:09,240 Speaker 6: You're never going to be out on your own. Whatever 612 00:38:09,320 --> 00:38:11,759 Speaker 6: you go through, you're going to have somebody that you 613 00:38:11,760 --> 00:38:13,839 Speaker 6: can fall back on. So, you know, I kind of 614 00:38:13,960 --> 00:38:17,279 Speaker 6: get that from that feud story. It was come against one, 615 00:38:17,320 --> 00:38:21,279 Speaker 6: you come against all. It's like the three Musketeers multiplied. 616 00:38:22,600 --> 00:38:25,800 Speaker 1: Just a few months earlier, back in September, the shootout 617 00:38:25,840 --> 00:38:29,919 Speaker 1: had ended with some wounds and some damaged egos. Those 618 00:38:29,960 --> 00:38:35,719 Speaker 1: depositions would soon seem tame. Captain Vincent Oliver Wicher, his son, 619 00:38:35,840 --> 00:38:39,840 Speaker 1: and his grandsons were all armed, so were James Clement 620 00:38:39,960 --> 00:38:43,840 Speaker 1: and his brothers, and soon there would be blood spilled 621 00:38:43,880 --> 00:38:54,560 Speaker 1: on the floor of Dickinson's dry goods store. On the 622 00:38:54,600 --> 00:38:57,600 Speaker 1: next episode of Tenfold War Wicked on Exactly Right. 623 00:38:58,520 --> 00:39:01,200 Speaker 8: He lived for nearly three hours despite his wounds after 624 00:39:01,239 --> 00:39:04,600 Speaker 8: he had been shot, and some reports say that it 625 00:39:04,640 --> 00:39:07,359 Speaker 8: was the Witchers that were the aggressors, But then there 626 00:39:07,400 --> 00:39:09,880 Speaker 8: are other reports which say that it was the Clements 627 00:39:09,880 --> 00:39:10,880 Speaker 8: who were the aggressors. 628 00:39:11,680 --> 00:39:14,320 Speaker 7: Only one hundred and sixty years ago, people just killed 629 00:39:14,320 --> 00:39:18,000 Speaker 7: each other over public insults. I mean, that's basically Twitter. 630 00:39:18,080 --> 00:39:21,439 Speaker 7: That's like if Twitter existed one hundred and sixty years ago, 631 00:39:21,600 --> 00:39:23,760 Speaker 7: I guess everybody would just be mass murderers. 632 00:39:24,719 --> 00:39:28,719 Speaker 3: It's a woman who runs away with her child, comes back, 633 00:39:28,920 --> 00:39:32,720 Speaker 3: runs away again. There's a court case, there's a huge 634 00:39:33,160 --> 00:39:38,480 Speaker 3: fight in the courtroom, people are killed, and then bam, 635 00:39:38,719 --> 00:39:42,520 Speaker 3: that's the end of it. I don't think anything good 636 00:39:42,680 --> 00:39:47,080 Speaker 3: came out of it for anybody. 637 00:39:51,480 --> 00:39:54,000 Speaker 1: My new book, All That Is Wicked is available for 638 00:39:54,120 --> 00:39:57,640 Speaker 1: pre order now, including the audiobook. All That Is Wicked 639 00:39:57,680 --> 00:40:00,440 Speaker 1: is based on our first season of Tenfold War Wicked. 640 00:40:01,080 --> 00:40:03,640 Speaker 1: You might think you know the whole story of killer 641 00:40:03,760 --> 00:40:07,719 Speaker 1: Edward Ruloff's crimes, but there's so much more. My book 642 00:40:07,760 --> 00:40:12,160 Speaker 1: American Sherlock is also available. This has been an exactly 643 00:40:12,280 --> 00:40:17,120 Speaker 1: right tenfold more Media production producers Jason Whaling, Alexis Mrosi 644 00:40:17,360 --> 00:40:21,800 Speaker 1: and Laura Sobole, sound designer Eric Friend, composer Curtis Heath, 645 00:40:22,120 --> 00:40:27,160 Speaker 1: artwork Nick Toga. Executive producers are Georgia Hartstark, Karen Kilgarriff 646 00:40:27,400 --> 00:40:30,680 Speaker 1: and Danielle Kramer. Follow us on Instagram and Facebook at 647 00:40:30,680 --> 00:40:34,080 Speaker 1: tenfold more Wicked and on Twitter at tenfold More and 648 00:40:34,120 --> 00:40:36,040 Speaker 1: if you know of a historical true crime that could 649 00:40:36,120 --> 00:40:40,880 Speaker 1: use some attention, email us at info at tenfoldmoremedia dot com. 650 00:40:41,400 --> 00:40:46,280 Speaker 1: Subscribe now on Amazon Music, Stitcher, Apple Podcasts, or wherever 651 00:40:46,360 --> 00:40:47,160 Speaker 1: you like to listen