11. The legal battles began after the nine prisoners were taken to Kentucky
Among the nine men taken to Kentucky to stand trial for the murder of Alifair McCoy and others was Valentine Hatfield, known as Wall and a man with some connections in the government of West Virginia. Through his ministrations, Governor Wilson demanded the return of the prisoners by arguing that they had been denied due process and had been illegally extradited by Kentucky. Kentucky argued that the prisoners were in custody, under indictment, and that the state had no obligation to release them to West Virginia or any other entity, regardless of the circumstances of their arrest. In April the case was appealed by Governor Wilson to the Supreme Court of the United States.
The Court issued no finding regarding the legality or illegality of the arrest but agreed with Kentucky in their argument that no federal law existed which would prohibit the prisoners from being tried for the crimes committed in Kentucky, regardless of the nature of events which resulted with them being in custody. The finding was 7-2 in favor of Kentucky. With the nine men in custody pending trial, the feud was effectively over, at least as pertain to violence against the other family. But several questions over the feud itself and the many participants arose in the aftermath of the arrests. Devil Anse was not among the prisoners, and neither West Virginia nor Kentucky authorities sought his arrest, despite his physical location being well known. Nor was Cap Hatfield in custody.