Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-04-21

of the United States Government. The
following startling letter was received
on Tuesday morning at the United States
Marshal's office, by Captain James w.
I DOnnelly:
BARREN Fol- *, CHEROKEE NATION.
]. W. DONSELLY:
DEAR SIR: We havtt had a terrible nght and
lost seven on our side, killed dead Three on
I their side killed and DTS wounded. We are
in a devil Of a strait; send Us men and means
instanter. We are witl1.fhe dead and wounded,
and expect TO stay vita them until the last
one of Us goes up. ON ems is wounded. For
Sod sake send Us help and send quickly.
Fork 10 Whitmore's Ward is killed. Yanney
and are alone with ON Fens; none OF the rest
are here with US. We look for help tomorrow
| night bv carEy and lots We are looking to be
attacked every mome4nG. The parties are close
together. Some Of tlae Cherokees are with us.
Yours IN haste,
I Csigned) }. G. PEAvY.
In order that the circumstances caus-
ing the terrible fight above alluded TO
may be more fully understood, we will
state the following: On the eleventh
instant white ms n by the name of j.
I ]. KesterSon, living in the Cherokee
/ Nation near the Arkansas line, about
I fifty miles from this city, came to this
4 place and fled an information before
the United States Commissioner, Colo
mel James o. Churchill, against one
/ Ezekiel Proct or, also a white man, and
married to a Cherokee woman, for as
saulting him with intent to kill. He
stated that while he was in his saw
/ mill ON the thirteenth of February last
/ the aforesaid Proctor came in, wal ked
/ up to his wife Ia Cherokee woman }, and
/ without pTo7yocatiOn shot her dead. He
! then pointed his revolver at him and
/ fired, the ball striking just above the
I left eye Before be could fire again he
I (kestersOn) escaped.
He furtheristated that the said Proctor
4 was undergoing his trial nov for the
murder of his wife at the courthouse in
I the COOing Snake district, about
| fifty-seven miles northwest of this
/ place. A writ wasissued and the deputy
marshals were inst quoted to go to the
| courthouse and reTlfAin until the trial
was over, and if he was not convicted, to
arrest him on that charge. Proctor was
! known 10 be desperate, and it being in
the neigborhOod where deputy marshal
I BentZ was killed little over a month
! ago, and where, in fact, Deputy Mar
shal is shot at almost on sight, it was ne
cessary that strong posse be sent. The
party had also the Writs for the murder
ers of United States Deputy Marshall
I Bentz, who were supposed to be in that
/ immediate vicinity, and it was known
! that they intended to resist arrest.
On last Saturday morning, April 18th,
J Deputy Marshals Jacob q. Owens and
! Joseph @. Peavy, with William Ward,
Joseph O.. Vanney, James Hawkins,
Paul Jones and Eugene Bracket, as a
posse, left here for the scene of action.
\ At Evansville they were joined by Riley
\ Woods and William J. Morse, and at
. I
is part Cherokee. The Indian court
house is about twelve miles west of that
\ place. The party proceeded, and when,
about three O'Clock on Monday after
noon, they were within about fifty yards
of the courthouse, they dismOunted,
hitched their horses, and quietly walked
toward the east side of the house, in
file by twOs, and stopped at the
corner. Beck stepped around to
the front door and looked
in, seeing sslarge number OF persons in
side, armed to the teeth. He turned
Immediately to come away, but not be-
fore he was fired upon and dangerously
wounded in the act of turning, the ball
passing in near the left shoulder-blade
and lodging against the collar-bone. At
the same instant volley was poured
, from the courthouse upon the Marshal's
force without, who then commenced TO
return the fire. They were at great
disadvantage, as the attacking party
was under shelter inside of the court
house. It 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 presently the fighting was
general and fierce inside and outside of
the courthouse. It was brief, however,
, but terrible in its results. Of the Mar
shals force seven out of eleven lay dead.
! OF the assailants only three were killed
Some sixteen or seventeen are reported
wounded, some mortally, among whom
! is Deputy Marshal Owens, who was shot
through the body above the hips.
| The messenger who brought United
States Marshal Peavy's note TO Captain
James Donnelly is quite young man
and was one of the Marshal's force. He
showed US three bullet holes through his
coat and one in bis boot-heel. He knew
! the names of only two of the Marshals
! force killed, James Ward and Riley
= Woods, both well known here. Three
5 were missing, James Hawkins, Paul
T Jones and Eugene Bracket. Morris
helped TO lay out nine bodies on a porch
? about cne-half mile from the scene of
the deadly fray, and thither the Federal
7 wounded We're also carried, PrQet9r, the
, woman killer and desperadg, yTes sEss.d
) ed BY eleven Of his oerSonal friends, who
!, would not see him convicted. The
3 sheriff was killed and the Judge
? received three buckshOt in the knee.
? Indeed il appears from the sud
D den and deadly assault upon
E the Marshal's force tb9t the people in
{ side the courthouse had beeh fully in
! formed,of their approach, and were pre-
5 pared ier them. The officials had in
: structions 10 make demand for Proctor
only in case of his acqulttal, and as that
y would not be brought about except
[ through intimidation, or the collusion of
5 the Jury, they expected some resistance
5 should they attempt TO arrest Proctor
: after his acguittai- But for the murder
!. Gus volley on theiFldrst appearance they
g were not prepared, hence their slaugh-
: ter. Immediately upon the receipt of
Deputy Marshal Peavy's letter R. G.
Kesers, Chief Deputy Marshal, Captain
-. W, Donnelly, Chief Clerk, and
United States Commissioner Brooks
Churchill raised and mounted 2 force of
" thirty mep and put them under COM
mand Of City Marshal G. +. Robinson,
formerly Deputy United States Mar
Slldi, dtitl MI Jrc AinhtEy "a UIdNt dllu
cool deputy. Accompanying the expe-
. ditiOn are Drs. Julian g, Field and G.
W. Pierce, with all the necessary sqrgi-
cal appliances and relief for the wounded.
A demand has been made upon the
authorities of the nation (so-ealled) TO
4 assist in the taking Of the murderers,
! dead or alive. Among those who volun-
f teered their services 10 come 70 the re-
: lief of a e remnant of the unfortunate
n officials, were, besides the two leaders
mentioned: Captain James Collins, late
ID Lieutenant IN the Nineteenth Infantry,
: United States, and Third United States
, Cavalry; Charles Lengel, Aleck Patter-
5 son, Tony Neiss, Jack Olain, D. J..
: Winton, Thomas w, Dedus, Neely
: Birch, Joseph T. Welhi, and others,
i whose names we haye not been able to
t leaTp--all brave young men, who viii
4 see the authority Of the United States
A Government sustained TO its fullest ex-
; tent. This Is one Of the most terrible
: affairs ever known In this country,
) originating in the distrust and jealousy
e Of the more pqenlghtened portion
e Of the inhabitants Of the Indian Ter
ritoTy, mislead by bad white men, who
only too often find hiding place in the
i ss5axeeiy settled Territory from the officers
t Of Justice, disregard United States
r officials and bear a deadly resentment