The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-30

and that he aid not desire any trouble At this mo-
an ON instant the firing became general. In the
snace Of three minutes seven OF the Marshas party
s-ar. Killed, three severely wounded, and Deputy
ay syfy ore aRe mas sace n died OF
wounded making altogether -
tiEyE.;; ss".- ;D AND TEN WOUNDED
Deputy Peavy, assisted by Joseph vaunoy, one Of
his posse succeeded In taking Deputy Owens to a
house. within half mile Of the Court House, and at
once despatched to me messenger for reinforce
ms 70 as 4 to
intended killing Owens l Immediately raised,
mounted, armed and equipped force Of twenty.
c. F. Robinson and despatched him at once to Mrs.
Whitmire's, in the Cherokee Nation, at whose house
w as linen s a ng also sent by him
surrender OF the murderers Upon arriving at Mrs.
Whitmire's Mr.. Robinson ascertained that the In
their wounded and retreated to the noun
talns and, under the circumstances, he did
not feel justified in following them with the handful
OF men under his command. After caring for the
wounded, and sending the body OF Deputy Owens
!who had died before he arrived to Cincinnati,
Ark, Mr. Robinson sent his detachment back to
this place, in charge OF Deputy Joe Tinker while
Mr.. Robinson, accompanied by G. W. Pierce, pro-
ceeded to Talequah to present to the Chief
THE DEMAND FOR THE SURRENDER
or the parties. After carefully weighing all the
testimony at my command have come to the con-
States officers in the lawful discharge OF their
duties was premeditated and carefully planned.
The woman killed by Proctor was sister to large
and influential family In the Cherokee Nation
by the name OF Beck. The Becks were, OF course,
DESTROYS of having Proctor punished, and for this
reason joined the Marslars posse to assist in max
ing his arrest il he was acquitted in their Courts
The Judge OF the Cherokee Court was warm
friend Of the Proctors, and would not permit any
House armed, although all OF ProctOrs friends were
armed.
CONDUCT OF THE INDIAN JUDGE.
On Monday morning, instead OF holding his Court
at the Court House, which was quite an open build
ing, he removed 1t to the school house, in which
there were but few windows and from which they
could fire ON any person without with impunity.
He also removed the Sherif's posse and permitted
Proctor himself being armed He also permit
1ed Proctor ns to place oa the Jury
armed as was also The and Saag in tns
building, and the day after the fight he held Court
and acquitted Proctor of the murder OF Mrs Kes-
whom is this Judge, belong to an association In
which the members are sworn to kill every Indian
testimony or information in United States Courts
against another Indian or citizen Of the Cherokee
Nation. This association is not confined to this
locality, but has its rami6catons all over the Chero
kee Nation. am informed that this association was
organized before the late war by one John Jones,
United States Indian Agent, and 1 believe Indian
Agent for the Cherokees now, and the members
were known as the spin Indians.''
This Information was given to me by gentleman
who has become citizen OF the Cherokee Nation.
Taking all these things into consideration am
compelled to believe that 1t was well laid plan Of
was executed you can judge for yourself Owing
to the limited force at the disposal OF the
Marshal these parties will not be brought 10
justice unless an organized force is sent into the
Cherokee Nation. I have no expectation Of any as
sstance being rendered by the chief rs 1t is limited
that he Is In part responsible for this massacre Of
United States officers. / am informed on reliable
authority that he has used his influence to procure
THE ACQUTTTAL OF PROCTOR,
and that he knew for several days II the United
States officers attempted his arrest there would be
2 fierce resistance and many lives lost, Knowing
ment.
Mr.. Owens was one OF our best and most careful
deputies He was esteemed and respected by all
this department.. This affair becomes more lament
able from the fact that all Of the white men killed
had families dependent on them for support, who
are thus thrown upon the cold charities OF the
world. These outlaws should be held to strict
accountability for the desolations they have caused
would suggest that company OF cavalry be or
dered from Fort Sill, II they can be spared, to CO.
operate with the civil authorities in elfecting cap
ture. Without them no good can be DONE
and 1t viii be absolutely unsafe for
any white man to travel through that
after the fight was compelled to remove one OF our
wounded Indian friends to Cincinnati, Ark, to
prevent the Proctor party from killing him. He
was soon after followed to that place by Proctors
threats into effect had 1t not been for the opportune
arrival OF Deputy Marshal George F. Dean, accom-
panied by three posse conn., who put the outlaws to
flight.
CONDUCT OF THE MARsHALs MEN,
wOud also state that the party sent out under
Mr.. Robinson conducted themselves I'm very law
abiding manner, committing no acts Of retaliation
In the absence OF Colonel Roots feel compelled
to submit this statement to you In order that you
might take such steps IN the matter as will bring it
Deputy United states Marshal in charge Of ONCE,