David Colson |
In January of 1900 the quiet of the Capitol Hotel in Frankfort, Kentucky, was broken by the sounds of gunfire. Afterward three men were dead, three others seriously wounded and a fourth injured. One newspaper pronounced: “The tragedy Is one of the most sensational In the history of the ‘dark and bloody ground.” Arrested was David C. Colson, two-term Democratic congressman, a colonel in the Spanish-American War, and a Kentucky distiller.
Colson subsequently was charged with three murders, his arrest sending shock waves through the state and much of America. He was known to be the high achieving scion of a notable Kentucky family. His grandfather, James Madison Colson, was a decorated soldier in the War of 1812. Shown here, James’ grave is marked with a large American flag. David Colson’s father, Rev. John Calvin Colson, known as the “Patriarch of Yellow Creek Valley” was a preacher, teacher, lawyer, doctor, farmer, miller, merchant— "being gifted along these lines but not educated for such pursuits."
John Calvin built the home, some of it with slave labor, into which David Colson was born on April 1, 1861. Shown here, still standing as the oldest dwelling in Bell County, Middlesboro, Kentucky, the house is adjacent to a bridge over a railroad line leading to Middlesboro. The seventh of eleven children, David attended public school and later the academies at Tazewell and Mossy Point, Tennessee. He studied law at the University of Kentucky at Lexington in 1879 and 1880. Admitted to the bar, he began a law practice in Bell County.
Colson’s interests soon turned to politics. A Republican, he served in the Kentucky legislature in 1887-1888. Seen as a political “comer,” he gave up his seat to run on the party candidate for State Treasurer, but lost. He came back in 1893 to win a term as mayor of Middlesboro. A popular figure, Colson in 1894 was elected to the U.S. Congress in 1894 and re-elected two years later. He was named chairman of the Committee on Expenditures on Public Buildings, a “plum” assignment for a relatively junior congressman.
Colson also drew notice in the House of Representatives as a strong advocate for the “Free Cuba” campaign, taking the floor to denounce Spanish activities there. When the Spanish-American War broke out he left his position, not resigning, but not running again. A bachelor, he become one of four Representatives volunteering for wartime service and announced his intention on the Floor of the House. Colson, an infant during the Civil War, may have seen his enlistment as means of advancing the honored military heritage of his grandfather.
Unfortunately, things did not work out that way. Colson got nowhere near the fighting. He joined the Kentucky Volunteer Infantry in July 1898 at Lexington. Only days after the regiment was mustered in an armistice tentatively was reached between the United States and Spain. The fighting ceased. This was not the end of the 4th Kentucky, where Colson, likely because of his status, had been given the rank of colonel. In mid-September the unit was ordered to Camp Shipp in Anniston, Alabama. A photo below captures the Kentucky 4th in training. Despite the end of the war, the regiment was not mustered out until late February 1899. Although not subject to enemy fire, the Kentuckians lost 13 men to disease, 29 discharged for disabilities, 60 deserters, and one man murdered.
It was an especially cold winter in the South. Conditions at the camp were primitive. The Army and Navy Journal reported that in February 1898 the temperature at Camp Shipp reached 14 degrees below zero and “life in tents is not what one might call comfortable.” The conditions were conducive to tension and hostilities among the troops. There the seeds were sown that culminated in the Capitol Hotel shootout. Colonel Colson had a run-in with a young lieutenant in the Kentucky 47th named Ethelbert Scott from Somerset, Kentucky, and sought to have him courtmartialed.
Scott was a young lawyer and a nephew of a former Kentucky governor, W.O. Bradley. Angered by the move, Scott confronted Colson in a local cafe, they argued, and the young man shot Colson. Although apparently not seriously wounded, the colonel subsequently suffered some paralysis from which he never fully recovered. Colson declined to press any military charges against Scott who got off free. The seeds of the Frankfort Shootout were planted.
Having left Congress, Colson turned distiller. Returning to his home town he joined with two friends to create the Middlesboro Distilling Company, likely the first commercial whiskey-making facility in Bell County. In early March 1901, the local newspaper reported: “The Middlesboro Distilling Company has started up their plant and have made their first run of whiskey. Judges of the article say the quality is good.”
In the meantime Colson had wreaked a bloody revenge, probably planned from the day Scott shot him. The scene was Frankfort’s elegant Capitol Hotel on January 16, 1900. The place was crowded with the political elite of Kentucky and onlookers excited by pending contests for the state legislature. Colson was sitting in the hotel lobby with a friend, Luther Demarree, a local postmaster, when Ethelbert Scott came up the stairs from the hotel basement bar with Captain B. B. Golden, his friend and another veteran of the Kentucky 4th.
Colson who was armed with two sequestered two pistols plainly was waiting. When Scott and Golden appeared, Colson rose from his chair and began firing.
Scott instantly returned fire. As the fight escalated and gunsmoke filled the air, Colson moved toward Scott, who, still shooting, retreated, According to a newspaper account: “Colson emptied the chambers of a 38-caliber revolver, and quickly brought a 44-callber into action. Scott by this time had been shot several times, and as he staggered back and fell down the stairway, Colson, who was within a few feet of him, continued the fire until the form of Scott rolled over and showed that life was extinct.” Shown above is a newspaper artist’s drawing of the scene.
When the smoke cleared and a measure of calm restored, Scott and Demarree were dead. A bystander, Charles Julian, a wealthy farmer from a prominent local family died later from his wounds. Captain Golden was badly wounded and a second man had been shot in the foot. Another casualty was a Chicago man who sustain a broken leg when Scott’s lifeless body struck him on the stairway. Colson had been shot by Scott twice in the arm. The bullets splintered his left wrist to the elbow, tearing his cuffs and sleeves to shreds.
Disregarding his wounds, Colson ran out of the hotel and hurried to the home of Chief of Police Williams where he surrendered, saying: "I am sorry, but he would not let me alone. There were three of them shooting at me." A doctor was summoned to dress Colson’s shattered arm and he subsequently was taken to jail, despite asking to allowed to post bail. He declined to discuss the shootout with reporters and was said to be “…In a highly nervous state and appeared to have been weeping.”
The Grand Jury, meeting the next day, heard Captain Golden claim that Colson had been responsible for all three killings but chose to indict him only on the murders of Scott and Demarree. A number of prominent political figures immediately pledged their support for Colson, including several of his former colleagues in Congress, including the Attorney General of Tennessee. The story received national attention, one newspaper reporting: “Colson's mail from all over the country, as well as from Washington city, Kentucky and Tennessee is very heavy. Many society women have written him words of sympathy. Some are strangers. Brought to trial Colson was acquitted of all charges.
Folllowing his acquittal Colson apparently returned to his investment at the Middlesboro Distilling Company. The distillery was a success, winning a gold medal, as below, for its Mountain Dew Corn Whiskey at the 1904 St. Louis World’s Fair. The company issued a trade card to commemorate the award. The opposite side, shown below, contained a “double entendre” message. The distillery also announced that it was opening a large wholesale liquor store in Frankfort’s Gorman Building.
The Middlesboro distillery, however, could not escape controversy. In mid-December 1905 the plant and 14,000 gallons of whiskey was seized by U.S. Revenue officers. An investigation had indicated that the company was disposing of whiskey without paying taxes. By this time Colson had died, the cause unrevealed but likely related to his serious woundings. Death came on September 27, 1904. He was only 43 years old.
David Colson was buried in the family graveyard in Middlesburo, his large grave marker shown here. The stone memorializes his service in the 54th and 55th U.S. Congress and as colonel in the 4th Kentucky Voluntary Infantry. Obviously it does not reference his participation in “The Tragedy of Frankfort” but the people of that city remembered and the story lingered on for decades.
Note: The account of David Colson recounted on this post is primarily from historical sources and newspaper articles at the time. I stumbled on the story much by accident while researching the trade card shown here and decided Colonel Colson might be an interesting subject. Little did I imagine the tragic story that would unfold.