Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-04-21
THE INDIAN NATION.
.Frightful Battle in a Courtroom.
Wholesale Massacre of a Marshal,s
Posse.
II Killed Outright and 20 Wounded!

| OF. LOUIS, April ZO.-I1o Democrat has
a special from Muskogee, Indian Territory,
which says a man on trial for murder at
Calaquah yesterday was acquitted, where
upon a relative of the murdered man shot
the defendant dead and then the Judge On
the bench. An indiscriminate fight then
commenced in which eleven persons were
killed and as many more wounded. Among
the killed were three United States Mar
shals named Owens, Hawkins and Wilson.
Details of the Horror.
LITTLE Rock, April 20.-The Fort
Smith NeaU Era Of Wednesday last, the
18th inst, contains the following startling
news from the Indian country. The feel
! ing of jealousy harbored by our Indian
neighborS at the authority of the govern
ment of the United States exercised over
their territory eliminated last Monday, the
10Th inst. in a fearful deed of bloodshed,
falling little short of wholesale massacre
of the agents of the United States Govern
ment. The following startling letter was
received on Tuesday morning at the United
States Marshal's Office, by Capt. James w.
Donnelly, chief clerk;
White Mares, Barren Fork, Cherokee
NGtiOn.--J. w. Donnelly, dear sir: We
have had terrible fight. Lost seven on
our side killed dead; three of theirs killed
and lots Of wounded. We are in devil of
strait. Send us men and means inStanter.
| We are with the dead and wounded, and ex-
| pect to stay with them until the last one of
US goes up. Owens is wounded. For God
sake send help and send quickly. Come to
Dutch Town and then down the Barren
Fork to White Morse. Ward is killed. Van
noy and are alone with Owens. None of
the rest are here with us. We look for help
tomorrow night by dark and lots of it. We
are looking to be attacked every moment
The parties are close together. Some of
the Cherokees are with US. Yours in
haste. ]. G, PEAyY."
In order that the circumstances causing
the terrible fight above alluded to may be
more fully understood, we will state the
following:
On the 18th inst, white man by the
name Of j. j. Kesterson, living in the Chero-
kee nation, near the Arkansas line, about
fifty miles from this city, came to this place
and filed an information before the United
States Commissioner, Col. Jas. o. Church
hill, against one Ezekiel Proctor, also a
white man and married to a Cherokee
woman, for assaulting him with intent to
kill. He stated while he was in his saw
mill on the 18th of February last, the afore-
said Proctor came in, walked up to his wife,
a Cherokee woman, and without provoca-
ton shot her dead. He then pointed his
revolver at him and fired, the ball striking
just above the left eye. Before he could
fire again be (Kesterson) escaped. He
further stated that the said Proctor was
undergoing his trial now for the murder of
his wife at the Courthouse, in the Going
Snake district, about ffty-seVen miles north
west of this place.
a writ was issued and the Deputy Mar
shals were instructed to go TO the court
house and remain until the trial was over
and if he was not convicted to arrest him
on that charge. Proctor was known to be
a desperate, and it being in the neighbor-
hood where Deputy Marshal Beutz was
killed little over a month ago, and where
in fact Deputy Marshal is shot at almost
on sight, it was necessary that strong pos
Sc be sent. The party had also writs for
the murderers of United States Deputy
Marshal Beutz, who were supposed to be in
that immediate vicinity, and it was proven
that they intended to resist arrest.
On last Saturday morning, April 13,
Deputy Marshals Jacob q. Owens and
Joseph G. PeavY, with VIM. Ward, Joseph
G. Vane, James Hawkins, Paul Jones and
Eugene BroCket as posse, left here for the
scene of action. At Evansville they were
joined by Riley Woods and VIM. J. Morris,
and at Dutchtown by man named Beck,
who is part Cherokee. The Indian court
house is about twelve miles west of that
place. The party proceeded and when
about P. n. on Monday they were within
about fifty yards of the courthouse they
dismounted, hltched their horses, and
quietly walked towards the east side of
the house in file by twos and stopped at
the corner. Mr.. Beck stepped around TO
the front door and looked in. Seeing a
large number of people inside armed to the
teeth, he turned Immediately to come away,
but not before he was fired upon and dam
gerOusly wounded in the act of turning,
the ball passing in near the left shoulder
blade, and lodging against the bone. At
the same instant vOlley was poured from
the Court House upon the MarshaPs force
without, who then commenced to return |
the fire. They we're at great disadvan-
tage, as the attacking party was under shell
ter inside of the Court House.
1t appears that Beck, who is a Cherokee, |
had some friends inside the Courthouse, |
who when they saw him fall, opened fire |
on his (Beck's) enemies inside, and pres |
entity the lighting was general and fierce |
inside and outside the Courthouse. 1t was |
brief however, but terrible in its results. |
OF the-Marshal's force seven out of eleven |
lay dead. Of the assailants only three. |
Some sixteen or seventeen are reported |
wounded, some mortally, as Deputy Mar
shal Owens, who was shot through the |
body above the hips.
The messenger who brought the United
States Deputy Marshals previous Lote to
Capt. James Donnelly is quite young man,
and was one of the MarshaPs force. He
showed us three bullet holes through his
boot heel. He knew the names of only
two of the Marshal's force killed, James
Ward and Riley Woods. Both were well
known here. Three were missing: James
Hawkins, Paul Jones and Eugene BrOckett.
Morris helped to lay out nine bodies on a
porch about half mile from the scene Of
the deadly affray, and thither the Federal
wounded were also carried.
Proctor, the woman killer and desperado,
was guarded by eleven of his personal
friends, who were determined not to see
him convicted. The Sheriff was killed and
the Judge received three buckshot in the
knee. Indeed it appears from the sudden
and deadly assault upon the Marshars force
that the people lnSlue Oh the
courthouse had been fully informed of
their approach, and were prepared for them.
The officials had instructions to make a
demand for Proctor only in case of his &C
uuittaI, and as that would not be brought
about except through the intimidation or
collision of the jury, they expected some
resistance, should they attempt to arrest
Proctor after his acquittal. But for the
murderous volley of their fist approach,
they were not prepared. Hence their
slaughter.
Immediately upon the receipt of Deputy
Marshal Peavy's letter, r. c. Kereus, Chief
Deputy Marshal; Capt. j. w. DOnnelly,
city clerk, and United States Commission
erS Brooks and Churchill raised and mount
ed a force of thirty men and put them un-
der command of City Marshal F. Robinson,
formerly a Deputy United States Marshal,
and Mr. Jake Tinker, brave, cool deputy.
Accompanying the expedition are Drs.
! Julian c. Field and c. w. Pierce, with all
the necessary surgical appliances and relief
for the wounded.