The Van Buren press., 1870-06-28
Special Report for the Van Buren Press.
The Hanging of McCurtain
For the Murder of James McClain and
and James Biakeiy in the Choctaw
Nation.
A History Of he case--Triai and Con-
rictioa--hiS implication Y Fry in
the murder cf Blakely-his reli-
giot1 yietcS, and last
moments.

WONHNtS.
On the 7th day of September last. James
McClain, a Choctaw, residing in the Indian
Country, was driving his wagon on the road
from Scullyville to Boggy Depot,accompanied
by negro named James Blakely. when they
were joined by Amos McCurtain and William
Fry. tull-blood Choctaws, who, too, were driv-
ing wagon. Some conversation was had be-
tween these parties. and that night after Nc
Curtain and Fry had camped, McClain and
Blakely drove up and went into camp" at
the same place. After the latter had gone to
sleep McCurtain proposed to Fry that they
should kill McClain and the negro, in order to
obtain possession of the goods, which the lat
ter were hauling. Fry objected to this and
after some wrangling went to sleep. An hour
passed and Fry was aroused by McCurtan
standing over him with revolver in one
hand and in the other an axe clotted with
blood and hair. In response to his compan-
ions expressions of alarm, McCurtaiu stated
that he had killed both McClan and Blakely
| by Draining them with the axe, and that now
| he wanted Fry to assist him In removing the
bodies, threatening him with death in the
event OF refusal. Thus coerced, Fry aided
McCurtain in tying the corpse Of McClain to
the tail of one of the ponies and led the ami
NAL some two hundred yards in the brush.
where 1t was left The body ofthe negro was
then placed in McCurtain's wagon, to which
also were removed all the goods of McClan.
| MeCurtain then stated he had forgotten some-
thing and walked to the spot where McClain
| lay and taking from it the pantaoons, put
them on, remarking they were too good pair
| to be lost The murderer and Fry then en-
tered their wagon and drove on--thrcwing
the body of the negro out In the brush a mile
from the scene of the tragedy-and proceeded
on through Boggy Depot beyond which place
the tv ain separated. Fry was arrested the
next day on the road, when he made the state
ment, In effect, rs given; and two nights af.
tcrwards the Deputies OF U. s. Marshal Brit
ton caught McCurtain in his own house
asleep. SO soon as he awokp he attempted
resistance. but was quickly overpowered. The
prisoners were then brought TO Van Buren,
where they were arraigned before Col. J. O..
Churchill, the U. s. Commissioners and by him
committed to answer the charge of murder.
Subsequently Fry was released by the Prose
cutting Attorney, In order that he might testi.
fy, and at the November term of the L. S. Dis
trict Court McCurtain was put on his trial
the defense being conducted by Archibald
Young, Esq, of Van Buren. Upon the trial,
Fry reiterated the statement already made
| ,l ba ,,1y Of IA, ri
was the law point, that the negro was a mem
Der of the Choctaw Tribe by virtue ofhis long
residence among them and that consequently
the Court had no jurisdiction. These posi-
iions. with others of a technical character.
were ufged by the attorney for the defense,
but were overruled by Judge Caldwell, who,
In a charge of characteristic power and I'M
vefdiGf Was "GiifIty,'" "but owing to the illness
OF the prisoner. sentence was not pronounced
until the May term of the Court, at which
time, when asked why sentence of death
should not be passed upon him, McCurtain
shook his head and signIled through the In
terpreter that he had a good many reasons
why it should not be done" His counsel stat
| ing, however, that he had no further argu-
ments to offer, the sentence was pronounced
that he be executed Friday July 24th, at Van
Buren. 1t was at this time, that the bOasted
| rmncss of his race forSook him, and so great
was his emotion, SO strong his fears, that the
guards were Tcll nigh necessitatod TO carry
| McCnrlain down the stairs and over to the
Jail.
| During his confinement in Jail. McCurtain
evinced an apparent Indifference to his fate ;
| but this st0icism 1t seems WAS only Of the sur
| face rs not long since the guards OF the pris-
on detected him eating glass. Remedies were
administered and the oily result Of the at
tempted suicide was a hacking cough and
hreas; pains that remained with him until
death
| On Tuesday the writer Of this article visit
ed McCurtain accompanied bv an Interpreter
and after telling him that the only object
OF the interview was its publication in the
| public prints, commenced conversation
with him. In appearance. McCurain was
| rything that was unprepOsseNSing-iye
feet nine inches tall, heavily built com pleX
ion of the Indian copper hue, high retrcating
forehead. fiat full nose, thick sensuous lips
dull heavy eve, head rising to peak; with
| the animal largely deycloped such was the
| perpetrator OF the most outrageous murder
| that has ever been committen in the Far
| West.
HIS Personal HISTORY,
In substance Is that he is fun Choctaw, hav-
| ing lived rowing life until the late onpleas-
antness" when he joined Coopcr's Indian
Regiment In the c. 5, a. AT the conclusion
of the war. McCurtan married. having one
child by this wife. His occupation had been
that of IA teamster until the past two years
since which time he has been engaged in
"clearing piece of land.
THE coNvFRsATIoN
commenced by the Enquiry as 10 the cause of
his attempted suicide, which elected an indig-
nant denial that he feared death or had made
any effort at self destruction. In response to
the question rs TO the Church which had his
sy mpa:hies, McCurtain stated that he had
been Methodist, but that lattrrly he had
Joined the Presbyterian Denomination.
(which sect" asked the writer, "do YOU now
prefer 7" Either one" was the answer
"ether one--they're all alike. Its all talk
anyhow" This charming little reconciia-
| tion of the somewhat conflicting theories OF
Wesley and Knox was alluded to by the con-
Wet with the'most perfect HoacAaldnce and II
was evident that had he been aware of the
Specification OF the word "humbug" that
very expressive phrase would by him have
been applied To the entire religious system
of which he had any knowledge
THE MuRpER
of the black man. he charged had been COM
mitted by Fry; who he said Thought no
more of Killing a nigger than he dil of shoot
ing Buzzard' lie stated that he had pro-
posed the murder and robbery to Fry. who
had assentcd to the scheme--he killing Me-