The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-30
OFFICIAL REPORTS OF THE FIGHT
Evidence Of a Prearranged Plan to Re-
SiSt the Authorities.
A CHEROKEE MURDER ASSOCIATION.
Extraordinary Conduct Of the Indian Judge
Proctor Acquitted After the Massacre
The Sixth United States In
fantry After the Outlaws.
MURDER OF A FAMILY BY INDIANS

MURDER Of A FAMILY bY lNDlANS.
WASHINGTON April 90, 1872.
The following are the ofical reports of the mas
sacre In the Cherokee Nation received by the At
torney General
FORT SMITH, Ark, April Is, 1872.
Hon. GEORGE II. WILLIAMS, Attorney General,
SIR desire to call your special attention to
very aggravated resistance OF United States author
lty, In which Deputy Marshal Jacob Owens and
seven OF his posse were murdered and several
others severely wounded, and request that you ask
the President OF the United States to make a de-
mand OF the chief of the Cherokee Nation for the
persons engaged in the assassination.
ORIGIN OF THE DIFFICULTY.
Some time ago one Proctor went to the house OF
one Kesterson, white man, and brutaly murdered
his wife, who was an Indian woman, and also shot
him n the head making very dangerous wound
cleared in tho Cherokee Court, applied to James 0.
Churchill United States Commissioner, for writ.
same in the hands OF Jacob Owens and Joseph
Peavy, United States Deputy Marshals, and
them TO repair 20 the place %nepe tine
was cleared to then arrest him for the assault with
Intent to kill the said Kesterson, he being white
man and the United States having Jurisdiction over
the same.
DEPARTURE OF THE sHERIFF's POSSE.
place Of holding Court lin the Going Snake dstrict,
they having previously summoned several per-
sons gndians) to be present to aid in the arrest,
Proctor would not surrcnder without resistance.
On approaching the Court House the Marshals OBJ
in their hands. Deputy Peavy then observed that
they 1.-THE posse) had better ride to the rear OF the
house, as he believed there . would be difficulty:
would be no resistance, and they all rode up in
front OF the house. htched their horses and started
to the house, Deputy Marshal Owens instructed
hts men to be quiet and peaceable, when several
men came to the door and fired on the Marshals.
A GENERAL FIGHT.
became
lawyers for defence and prisoner participated in
the fight. The Marshas' force being few In num-
Der and outside OF the house, were badly cut up,
and were compelled to leave the field leaving
seven dead and one or two mortally wounded. The
ofhs wounds. enclose letter from Deputy Mar.
this district.
A SPECIMEN OF CHEROKEE JUSTICE.
have just had a conversation with Mr.. J. A.
Scales, an attorney employed in the prosecution OF
Proctor In the Cherokee courts, who gives substan-
italy the following account Of Cherokee justice as
metcd out by their courts.
The presiding Judge, Sim Walker, being a relation
TO the party, was disqualified from acting as Judge,
and the Chief appointed Thomas Woolf to
act as special Judge The defendant or some
and requested that he place twelve names
In the list of Jurors ut being the duty Of the Judge
PENDANT then select twelve men to try HIM. He re-
fused to do so on three separate occasions, and
then res resigned gd The Chief then appointed IacG
part Of the names to be placed the list Of jurors
and they went into the trial. The trial progressed
wards restored by the Chief to act, and
tho the p Were q The d hGe
being better place to resist United States Mar
shals. The Judge dismissed the posse of the sheriff
friends. The while then developed the fact that
deliberate plan was formed by Cherokee anthor
ties 10 clear Proctor Of the crime OF murder and to
resist the United States Marshals and their POSSE
TIE PARTIES WHO RESISTED
this OCCASION are part OF the same who resisted
the marshals year ago last October and also who
murdered Deputy United States Marshal Bentz
couple ofmonths ago. There seems to be deliberate
plan among that class to stand by each other; to
do whatever is in their power to clear each other
of crime, and to rescue prisoner when arrested
by the Marshal as they have on former occasions,
and to murder the officers whenever they attempt
to execute the process Of the Court.
Deputy Marshal Owens was one OF the best
man. esteemed by ali who knew him as an honora-
Bile, heightened gentleman, and the department has
lost one OF her best officers In his DEATH earnest
ly hope that yOn may take such steps as you think
proper to have the perpetrators brought to Justice
Unless the Cherokee authorities aid the United
States 1t is very doubtful whether or not with tho
limited force In our hands, we can make the
arrests.
James w. Donnclly, In the absence OF the Marshal,
very promptly despatched a force to the scene OF
the diflculty, who buried the dead and brought
away the wounded.
THE MURDERER ACQUITTED AFTER TIE MASSACRE.
They report on their return that the Judge held
tor had fallen back to RABBIT Trap In the mountains
ana that he had fifty men under his command and
was fortified. The Marshal did not think 1t prudent
to attack Proctor, he sent his posse back to this
place, and he and Dr. Pierce, the surgeon, went to
Falequah to make demand on the Chief for Proctor
and those engaged with him In the murder OF
Owens and his posse. We have had q great
difficulty to contend with In that part OF
the Cherokee Nation. Four persons were convicted
at the May and November terms o1S71 for resisting
the Marshals forces In this same neigtbOrhood, In
which Deputy Marshal Bentz was murdered, and
also near the place where Owens and his posse
were murdered. The Cherokee authorities do
nothing to aid us In making arrests; In fact they
throw all the obstacles possible In the way OF the
United States authority, and to be tried In Indian
Courts, demonstrated in the trial Of PROCTOR
is the merest farce9 No one Is ever convicted for
high offences, and they have
NO LAW FOR ASSAULT WITH INTENT TO KILL.
Since the trial the Cherokee authorities have in
dicted several Cherokecs for entering into con-
spracy to take a prisoner out OF the hands of the
Court and If they are found guilty the punishment
is death. They are part OF the posse summoned
by the Marshal to assist In making the
arrest, and were acting In strict accord
ance with instructions, and were assaulted
by Proctor and his party and only acted
In self defence. have no doubt If Judge
Proctor and his forces armed, they can convict
them. In fact, they threatened to take the life OF
any one who furnished Information aided the
Marshal's force In making arrests. Please give
such instructions you think proper 30 that those
engaged In violation OF law may be brought to JUS
tice. have the honor, &c, --
United States District Attorney Of the Western Dis