The Van Buren press., 1869-05-25
United States District Court.

United States VS. Dave Ross-murdcr
Of John Lytt.e
The case of Dave Ross, occupied the
Court several days. Gran. Wilcox, and
Robinson appeared for the prisoner, and
Ham and Huckelberry for the United
States. The facts of the case as they ap
peared on trial, are about as follows:
Dave Ross. and two others were charg-
ed with the murder of one John Lyttle
white man, In the month Of June, A. ID.
Ils6S, In the Cherokee Nation. That
Zcke baltimore, one Of the parties, was
dead at the time of the finding of the in
dictment having been killed by John
Lyttle in the same difficulty in which he,
Lyttle, was killed by Ri Coleman, and
that Ross was present at the. time of
the killing as hereafter shown Coleman
made his escape and has not as yet been
arrested. From the evidence in the case
it appears that on the Saturday before the
killing took place, on Monday, Dave
Ross, Zeke baltimore and Ri Coleman
we're together on the west bank of the
Arkansas, and that while there John
Lyttlc came from the east bank OF the
river with others in skitf; that Ross and
Lyttlc had some angry words, begun by
Ross, but that no difficulty occurred
then. That baltimore and Coleman took
no part in the matter at all, andreturned
to the east bank of the river, and Lyttle
to Fort Smith. That when Lyttle re
turned from Fort Smith to cross the
river 10 the Cherokee Nation where be
lived, the fcrryman told him that he be
!isved there was danger of difficulty
with the parties. Lyttle then returned to
Fort Smith and camo back to the ferry
armed with double barrellcd shotgun,
and six shooting revolver, and crossed
to the east bank Of the Arkansas river,
and proceeded to his home about / mile
in the Cherokee Nation without molesta-
ton That on the same evening after
Lyttle had arrived at home, Dave Ross,
ri Coleman and Zeke baltimore had sep
arated from each others that Zeke Latti
more was passing the house Of John Lyt-
tie in company with two men, by the
name of Sanders; that Lyttle came out OF
his house with his double barrelled gun,
cooked it upon baltimore, and declared
that he would kill him, and that he was
prevented from doing so by the Sanders,
who took baltimore away that Lyttle
stated to baltimore that he borrowed that
gun to kill him and Dave Ross, and that
he intended to do it. Thus ends the tes
timony on Saturday. The testimony
shows, that on Monday morning Dave
Ross, Ieke baltimore and Ri Coleman
passed the house of John Lyttlc in the
direction of the ferry on the Arkansas
river, opposite Fort Smith, and whooped
after they passed the house---they were
at Tie Arkansas river the most of the day
that they were armed with pistols, and
Ross with shot gun that they dld not
see Lyttle at the river that day. Rhoda
Starr, colored woman, who lived at the
time in the family Of the father law ~QI
where John Lyttle was she replied at
home, reckon, and that Ross replied he
intended to kill him oday. She stated
that she crossed the river early in the
morning to Fort Smith, and returned not
later than ten O'clock A. NJ, and that
James Shook crossed her in his skitl go.
ing and coming. And one other witness
stated, that Ross had difficulty with him
that day at the river, and threatened tc
shoot him; that baltimore and Coleman
interfered and told him not to do it, thai
they were not through yet. That late il
the evening of Monday, Zeke baltimore
Ri Coleman and Dave Ross rode up tC
the house Of John Lyttle, and Lattimor
inquired of Lyttle's wife, if Lyttlc was q
home. She replied he was not; that h'
had not come from the tield-but it ap
pears that Lyttle was in the house anC
had previously seen them coming, ant
told her to tell them so. That Lattimor,
said, II will see" and rode around th'
house, got off his horse, drew his pisto
and advanced toward the gallery of tn,
house, on tho opposite side from wher,
Ross was, when gun was fired from tn,
, inside of the house, killing baltimore
Ross remained on his horse, his gun up
on his saddle before him, and his pisto
in the scabbard, and did not attempt tC
do any violence. That Ross stated then
/ that he was friend to Lyttle, and die
, not come for any fuss. That Lyttlc set thu
gun down that he had shot Lattimor,
with, and took a musket and came out il
the entry with it cooked upon Ross, tell
e ing him to leave his house or he would
t kill him, and that while he had the gur
cooked upon Ross, Ri Coleman came W
on the opposite side Of the house from
Ross and shot Lyttle with apistol, killing
him. Ross Immediately left. Lyttle wa'
a white man, and Mrs. Lyttie is Chero
| kee Indian that they had been married
: four years at the time of his death, anC
lived in the Cherokee Nation. The evi
dence Of Rhoda Starr was impeached by
two witnesses, who testified substantially
that she had told them, that she hat
sworn to lie, ia the statement she hac
made, and that she knew nothing abou
, the case. r sf4is
The case was ably argued, and clearl,
. and forcibly presented to the jury, botl
on the part of the United States and fo
: the prisoner. The charge Of the Judg'
WAS clear and explicit. The jury, afte
9 an absence Of short time, returned Will