Champ Ferguson Trial Transcripts
Submitted by Sandy Norris

 

The Killing of Elijah Kogier
From Trial Transcripts, July - September 1865

The trial opened 11 July 1865 in Nashville, TN when Champ Ferguson was indicted on two counts: first, beign a guerilla; second, murder. The indictment included murder of fifty-three persons not including the murders of Van Duvall and John Hurt near Champ's old home in Clinton County, KY on or about the 1st of May, 1865.

Testimoy of Preston Huff, whose father Champ had killed a month earlier:

"Another time I saw Ferguson and his men was in Clinton County, KY., about the 1st of June, 1862. We had been on the dodge from him and his men and were lying out. Louis Duvall, Jonathan Williams, and Theophilus Williams were with me. Report had come to us the day before that Ferguson and his men were in the County, and several of us were mounted and out scouting around. We heard several guns fire and went out to the road to see what they were shooting at. We heard the women at Elijah Kogier's house screaming and saw some man who was climbing over a fence fall backwards."

"When the men had left Kogier's place, we went up to the house. The man shot turned out to be Elijah Kogier. His little girl was clinging to him and she was very bloody, presenting a horrible sight. We carried the body to the house, but stayed there only a short time as we were afraid to linger about. Kogier was dead at the time. There were about ten in the gang that shot him and probably as many as thirty shots were fired, but I didn't recognize any of the men who killed him."

"Kigier headed a body of men who were scouting the country, but I don't know that he ever waylaid or threatened the life of Ferguson and don't know that they were after Ferguson more than any others. I have seen Williams with Kogier's band and I also saw Tinker Dave with him once when they were going to Overton County to fix up a peace with the citizens of Overton County."

"I heard that Louis and Anthony Huff had taken Ferguson prisoner a few days before Kogier's death and had attempted to kill him, but I don't know it of my own knowledge."

Testimony of Mrs. Nancy Kogier, wife of Elijah Kogier:

"I have known Ferguson all my life. I am the widow of Elijah Kogier, who was killed the first of June, 1862, on Sunday morning. My husband had got out of bed and was going to the spring when he was fired on by a band of men who rode up near the house. I didn't recognize any of the men excepting Ferguson and Sublett. I told my husband that the Rebels had come and he must get out of the way. He started but didn't get far, when Ferguson overtook him and shot him. He threw up his arms, and I couldn't hear anything that may have been him. He threw up his arms, and I couldn't hear anything that may have been said for the screams of my children. My husband turned to the right, and they followed, shooting at him until they came to a cross-fence some fifty yards from the house. I saw him fall, and saw Ferguson draw him a few steps from the fence."

"I got to my husband as quick as I could and my little daughter, eleven years old, had her father in her arms. The little girl had run out in the crowd and was among them when he fell. After I got to him, he gasped once but never spoke."

"Ferguson and the gang left the body and went to the house. I stopped by my dead husband about fifteen minutes and then returned to the house. Ferguson was still there with his band, and was sitting down, laughing, while the balance were searching the house."

"I said to Ferguson that it looked like he was going to kill all my friends. He said there were a few more he intended to kill, but did not name them. I returned to the spot where my husband was lying, and after stopping about an hour, the band took one of our horses and went off. They had torn up all our notes that were of any value, and took a shotgun and a pistol."

"Ferguson was at my house in July following, with Morgan's men. He did not take any property, but ordered victuals, and I sent them out to the gate. He didn't stop long, but some two hundred men stayed all night and ate and destroyed all I had."

Comments from Champ Ferguson on the killing of Elijah Kogier:

"I killed ELijah Kogier, and done a good tricck when I did it. He watched my house night and ay, and sometimes until he nearly froze, to get to kill me. He was a treacherous dog and richly merited his fate."

On October 10, 1865, Champ Ferguson was judged guilty of all counts and was condemned to be hung on October 20, 1865.

List of Victims Named in the Indictment:

1. Lieut. Smith, 13th KY Calvary; shot in head while a prisoner, and lying sick in the hospital at Emory, VA.
2. Twelve soldiers, whose names are unknown, at Saltville, VA
3. Two Negro soldiers, names unknown, while lying wounded in prison, at Saltville, in Oct. 1864.
4. Ninteen soldiers of the 5th Tenn. Calvary, names unknown, on 22 Feb 1865.
5. Reuben Wood, near Albany, KY in 1861
6. Wm. Frogg, while sick in bed, in 1861.
7. Jos. Stover, private 1st KY Calvary in Clinton County, KY in April 1862.
8. Wm. Johnson, in Clinton County, KY in 1862.
9. Louis Pierce, in Clinton County, KY in 1862.
10. Fount Zachery, age about 16, near Spring Creek, 1862.
11. Elijah Kogier, in Clinton County, in 1862. His little daughter was clingong to her father after Champ shot him, pleading for his live, but he fired several shots, killing him.
12. James Zachery, in Fentress County, TN in 1962.
13. Alex Huff, in Fentress County, TN in 1862.
14. Joseph Beck, near Popular Mountain, Clinton County, in the summer of 1862.
15. Wm. McGlasson, in Cumberland County, Nov. 1862. Told him to run then shot him.
16. Elam Huddleston, shooting him through the head, in the back, in Jan. 1863.
17. Peter Zachery, while lying sick in bed, at Rufus Dowdys house, near Russell County, in Jan. 1863.
18. Allan Zachery, same time and place.
19. John Wlliams, by torturing him with knives and sharp stick, afterwards cutting him to pieces.
20. David Delk, by chipping and cutting him to pieces, at the house of Mrs. Alex Huff, in Fentress Coutny, TN in 1863.
21. John Crabtree, a prisoner, near the house of Mrs. Piles, in Fentress County.
22. A Negro man, name unknown.
23. Mr. Tabor, in Albany, KY in 1962.

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