The song was “Achy Breaky Heart,” which indeed went on to spend weeks at the top of the charts, but that was in 1992, when it was performed by an upstart named Billy Ray Cyrus.  The story above unfolded a decade before the Cyrus release, and the artist’s name was Roger Marshall.  But after a record-industry disaster and a nearly fatal bout with cancer, Marshall was forced to retire from music and could only watch the song that was once his go soaring to platinum success for another singer. 

The record industry disaster came when Marshall was recording his album with “Achy Breaky Heart” for the Mercury label and the investors pulled out, forcing the recordings to be shelved.  They’ve still never been released.

A professional musician since 1972, Marshall cut his teeth in touring bands that played at county fairs and served as opening acts for artists like Alabama, Conway Twitty, and Hank Williams Jr.  From 1977 to1984, Marshall led his own group called the Silver Dollar Band.  He has paid more than his share of dues, enduring many of the hardships that can befall musicians on the road.

On one tour, the band started with a Greyhound cruiser, with plenty of bunks and amenities.  “A regular tour bus,” Marshall says, “When we were about 40 miles out of town, it blew up.”  The band then borrowed a friend’s old school bus.  “It looked like the Partridge Family bus,” Marshall says with a laugh.

 After finally getting the original bus back, only for it to stall on them again, the band had to rent a U-Haul to get to a show in South Dakota, where Marshall ditched the rental and bought an old nine-passenger station wagon, driving that vehicle with the musical equipment in a trailer behind it.  The car’s shocks couldn’t handle the strain, so they had them reinforced, and barely made it to Wyoming for the next gig.  “It was horrible, and we were just sweating the whole time,” Marshall says.

But for Roger Marshall, it was all worth it.  His father was a musician, and Roger was raised in an environment that featured plenty of bluegrass and Hank Williams.  Marshall, who currently lives with his wife in Warsaw, knew from a young age that music was in his blood, and it would always be his inspiration.  “By the fourth grade, they were asking me to bring my guitar in and sing at school,” Marshall says.  “I knew even then that it was what I wanted to do.”

His career was sidelined in 1984, when a procedure for his cancer required the removal of seven feet of intestines.  Marshall was incapacitated for years.

During his long convalescence, Marshall continued to play music but only for fun with his family.  But last September, after continued prodding from family, friends, and fellow musicians, Marshall decided it was time to put a band together and reignite his musical career.  In less than a year, the group has chosen material, recorded it, and made a video currently airing on GAC, the Great American Country music video channel.  The tune is called “Hiding in the Wide Open,” and it’s the first single from his forthcoming CD, due to be released on Nashville’s Rannus label on Aug. 23.

“At first, I thought I was too old to record,” says Marshall, who was born in Kentucky but spent most of his life in Fort Wayne.  But his old friend Russ Zavitson convinced him otherwise.  “We listened to some songs he suggested and then began work on this album.”

The current Roger Marshall & the Law live set mainly consists of material from the forthcoming album, as well as old favorites like “Ghost Riders in the Sky.”  And if someone hollers an appropriate request, Marshall and the band always do their best to honor it.  “If somebody out there in the crowd wants to hear a particular song and I know it, I’ll play it.  I like to get the people involved and play stuff they want to hear, whether it’s my song or not,” Marshall says.

“My band is a great bunch of guys, and we’re doing what we’ve always wanted to do,” Marshall says.  “And now we’re trying for my second chance.  There’s still good music left in my heart and in my soul.  I’m not 18 or 23 anymore, but my legs still look good.”

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