Jerry Summers
If you asked anyone from South Pittsburg or Marion County in Tennessee if they or any of their relatives ever knew or heard of the above-named individual the answer would probably be “No!”
However, if you asked them if they were familiar with the name of “Yap” Killian the recognition signals would immediately bring into play many interesting, colorful and often humorous stories of how things were done in the rural area during the period of his life from 1921-2007.
The origin of his nickname “Yap” as provided by one of his sons is alleged to have been given to young Herman Brown at an early age due to his propensity to talk with a “gift of gab”.
The originator of the name from one source “Yap” is alleged to be South Pittsburg native, Howard McReynolds, whose mother and sister would later become postmasters of the South Pittsburg post office. Another family member of “Yap’s” claims that another friend used the term to describe him while they were in the military.
The fact that they were from Pikeville and relatives of Congressman Samuel McReynolds may have helped the two ladies get the political appointments.
“Yap” was a 1941 graduate of South Pittsburg where he was an outstanding athlete and remained an avid sports fan and golfer in his later years.
He enlisted in the United States Army Air Corps the day after Pearl Harbor Day and served for seven years and would later preside as Commander of American Legion Post 62 in South Pittsburg.
A lifelong Democrat, he first began his many years of public service in 1954 when he was selected as one of the Justices of the Peace (JPs) by the Marion County Quarterly Court that preceded the creation of the General Sessions Courts in Tennessee in 1960 by the state legislature.
Jasper, Tennessee during this period of time bore the reputation of being the “World’s Biggest Speed Trap” for its vigorous enforcement of the speeding laws on the Dixie Highway (US 41) which ran through the downtown county seat of Marion County at Jasper.
During this era constables and (JPs) were entitled to a fee for every traffic conviction that occurred within the county limits.
If a speeder was stopped by local or state law enforcement, they would be brought to the Marion County jail and given the option of paying an immediate fine or having their case put over to the next court docket for a hearing after paying for a bail bond or remaining in jail until the court date. Since most of their serious violators were from out of state or county the choice of their decision to a pay a fine became obvious.
The speeders upon securing the payment of their fine and court costs were free to go, the constables and JPS each got a fee, and the City of Jasper or Marion County got some court costs for administering justice.
It was a system that survived over the years until some disgruntled young local citizens belonging to the Junior Chamber of Commerce (Jaycees), became alarmed at the community’s reputation of being the “No. 1 Speed Trap in America” and put up billboards to warn travelers entering the county limits to slow down to avoid criminal prosecution.
“Yap” was one of the three JPs charged with protecting the citizens from the speeders representing the South Pittsburg section of the county, Francis “Nappy” Pryor, Sr. was the Jasper legal representative and J.P. “Stormy” Mears was an alternate to relieve or assist “Yap” and “Nappy” by the Marion County Commission if additional judicial authority was needed.
Business was so booming that the JPs were provided a room with a bed at the Marion County Jail in order that instant justice could be administered 24 hours a day, seven days a week by the rotating magistrates.
Marion County also was known to have “cockfights” within its corporate limits in the rural area of Powells Crossroads outside of Whitwell and other locations.
“Yap’s” involvement as a J.P. with the event has been re-told with different versions by his two sons, Mike Killian who previously served as Mayor of South Pittsburg and Bill Killian who was the United States Attorney in the Eastern District of Tennessee under President Obama. Both were very young at the time of the cockfight incident and the readers will have to decipher which account is correct.
Mike claims that his Dad was at the rooster fighting contest in the company of another individual who ran when law enforcement officers raided the event. When they chased his buddy, “Yap” was able to slip away and headed back to the Marion County Jail to go on duty.
When the large groups of defendants were brought in on school buses “Yap’s” fellow magistrate J.P. “Nappy” Pryor was amongst those arrested and was in line to be processed at the jail.
After listening diligently to the evidence, he dismissed his colleague’s case and lightly fined the other attendees. He was never arrested and did not have to make a decision on his own case like the Spring City General Sessions judge did (October 28, 2020 article) that resulted in the elimination of his division of the Rhea County Sessions Court.
Brother Bill Killian has a slightly different version of the cockfight incident. He claims his father was not at that particular event but was on duty at the jail when the non-supporters of the local Humane Society were brought en masse to the jail to have their fate determined by his Dad.
Bill’s recollection was that “Nappy” was waiting in line to be processed and that his case was dismissed and the others were lightly fined which did not result in the monetary bonanza that the constables and other law enforcement officers anticipated.
In 1960 the United States Supreme Court and the Tennessee legislature eliminated the “fee generating” practice and created the General Sessions Court and “Yap” became the Circuit Court Clerk in Marion County and served in that capacity for 18 years.
He is remembered as a helpful public servant to lawyers and citizens who appeared before him and as a powerful politician in local, state and federal races. Both sons freely admit that his Democratic connections impacted their political careers.
One other story about “Yap” as allegedly told by Jack Wagner, Tax Assessor and later County Executive for Marion County, illustrates his standing in the community, “If someone in a nice suit came into my office and asked me where to find someone, they were always looking for me or another one or two public officials. However, if someone came through that door in poor clothes and had a look on their face that they were down to their last friend, one hundred percent of the time they would ask me where to find Yap!”
“Yap” also twice tried singer Johnny Cash on charges when the country music legend had a cabin in Haletown near the Tennessee River in Marion County, and they became good friends.
He died on March 5, 2007 survived by his wife of 59 years, Inez and his children and multiple grandchildren and great-grandchildren.
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Jerry Summers
(If you have additional information about one of Mr. Summers' articles or have suggestions or ideas about a future Chattanooga area historical piece, please contact Mr. Summers at jsummers@summersfirm.com)