by Bruce Whitaker

Everett Williams gave me some information on a murder that took place in the Fairview area in 1921.

Luther H. Merrill was born in the south section of Fairview in 1886. He was the son of William B. Merrill (1856-1942) and Rebekah Garren (1855-1894) Luther married Ada Cunningham, who died in 1914. He then married Melissa (“Lissie”). After serving in World War I, Luther returned to Buncombe County. He rented a farm in the Concord Road-Merrill’s Cove and Williams Road area. He also began turning in moonshine stills for extra money. The reward at that time was $10 for every still (around $200 in today’s money).

Two brothers, Solomon and Latt Slagle, lived near the Merrills. Latt had also just returned from the war, brining his Army pistol with him. The Slagles believed that Luther had turned in their still at least once.

Solomon stopped by Luther’s house one day. He invited Luther to come with him to his still and have a drink of liquor. Luther left home around 2 pm on January 31, 1921 with Solomon and never came home again.

Onie Kilpatrick and his father Eli both testified that they were eyewitnesses to the murder of Luther Merrill. Eli said, “I was on the other side of the branch from the still, within 25 or 30 yards of it. I saw Sol and Latt and Luther Merrill there at the still. Luther Merrill was sitting down when I first noticed him, and Sol and Luther were arguing someway or another. I could not understand exactly what they were saying. They were arguing and Luther raised up and Latt shot him. Luther just raised and began to turn like he was going to run, and when he did that, why he just lit in shooting him, Latt did. I saw him until the shooting was over and he fell; and I just went on home, moved pretty fast. I didn’t go back up there. I never said anything to either one of the Slagle boys about it. I stayed at home that night.”

It was also said that Luther got down on his knees and begged Solomon not to shoot him. But he shot him anyway and the bullets went through the palms of Luther’s hands and destroyed all the bones up to his shoulders. Early in the morning of the next day the Slagles loaded Luther’s body on a wagon. They hauled the body across Williams Road to Mills Gap Road and down toward Cane Creek. They intended to take the body to a mill pond and dump it in. The horses became restless and daylight was coming, so they decided to turn aside and dump the body in a field near Lower Christ School Road. A rabbit hunter came by a short time later and found the body.

Lissie Merrill was taken on February 2 to the place where the body was found, lying 116 yards from the public road. Luther’s hat and an extra pair of shoes were placed next to his body, with his overcoat thrown over him.

The law found out that Solomon Slagle had threatened Luther the previous year, saying that if Merrill ever fooled around with him, Solomon would kill him. The law said Sol Slagle, Charlie Slagle, and Latt Slagle were operating a still near their home with Eli Kilpatrick. It was in a dugout on the side of a creek and covered with leaves.

Deputy Dillingham discovered where a wagon had been backed up against a bank. The horse prints showed the horses had been standing there quite a bit of time. Dillingham followed a little ravine near where the wagon had been, which led to the dugout and still. It was 238 steps from the still to where the wagon had been. The deputy examined the red clay dirt in the back of the wagon. He found well-defined tracks of a man in the soft earth. He compared a shoe he had gotten at Sol Slagle’s house with these tracks and it was a match. Dillingham compared the width of the wagon wheels at the scene with the wheels of Sol Slagle’s wagon, and they were a match. The deputy noticed the horse prints. He could tell two new nails had been driven into a horse’s shoe sometime after they had been originally put on. This caused them to stick out further than the other nails. He checked Solomon Slagle’s horses and one of their shoes had two new nails in one shoe.

Deputy Dillingham also found blood in the back of Sol Slagle’s wagon and on Solomon Slagle’s jacket.

Latt and Solomon Slagle were both convicted of the murder. Years later Latt broke out of prison and came to his sister’s house on Old Concord Road. Her husband drove him to South Carolina. Latt was never recaptured and lived the rest of his life a free man. He probably was taken to area known as the “Dark Corner” of South Carolina (the far northwest counties). The law seldom entered this area. When they did, they often were never seen again. Solomon served his time. He moved to Swannanoa upon his release. I can remember him but I never knew all this at the time. Jail never hurt him much. He died two weeks before his 91st birthday.

Local historian Bruce Whitaker documents genealogy in the Fairview area. He can be reached at 628-1089 or brucewhitaker@ bellsouth.net.