Year: 1872

! $ Marshas side OF the terrible ARRAY III the
1 Cherokee Nation. il is no more than justice


to the Indians that we give their version ofit'
The following is the Sherif's report to the
Chiei:


THE FOLLOWING Is THE OFFICIAL REPORT OF


THE TRAGEDY IN GOING SNAKE DISTRICT.


CONG SNAKE DISTRICT, April is 1872.


10 His Ercell.ncy Le,cis Doteaiag, Principal
Chief Cherokee Nati0H--


SIR: In NV capacity OF Sheriff and as an
| Executive officer Of the Government deem
1t nav duty to report to You an event connect
ed with my position and duties which may DC
or NAV become Of national importance.


! Ezekiel Proctor, n citizen by birth oil the
Cherokee Nation. had been arrested by meor
ratherhad been held under arrest bv me, tLe
having voluntarily submitted himself Tor trl-
AL and on Yesterday the 10Th insts bis trill


vas progressing at the regular place Of he Id
ing court in this District Previous T. that
Is at the second calling OF the court In TINS
ease had been applied TO by person profc,-
sing to be United states Deruty Marshal. to
relinquish possession Of said prisoner to him
in pursuance of writ said by him to have


been obtained outside OF this Nation. a his
application refused decisively, being assur-


ed that should be quit of my lawful obliga-


ton to hold any citizen once legally arrested,
only upon an order from my superior Execu


tive ofileer-to wit: the Acting Principal
Chief and such order had not been produced,
The person referred to, claiming to be Uni
ted States Deputy Marshal received my deci-
sion and reply with expressions OF such plaln
! Indifference if not contempt OF the course ef
! Justice in our Nation, and also with such evi-
! dent intention of returning to accompils his
! purpose by force. that | felt authorized tc,
| and did increase the guard 10 number SUM-
cirnt i'm my opinion To overawe all such al
| tempts This did under the view that rs l
! had decided not TO deliver the prisoner up, u
was my consistent duty to guard ana protect
him against being violently taken from under
my charge by any person not having proper
authority to make demand for him. 80 the
matter stood till the temporary adjournment
of the court caused by certain charges made
as understood by the Prosecution against
the Presiding Judge, aimee which time the
number of guard was reduced to the customa-
ry limit. nothing having been heard further
OF any attempts TO be made to rescue the
prisoner from the Cherokee Authorities.


Matters were in this position up to yester-
dav when, while the court was In ses sion an
~ So lit was made upon the court by party
of white men and Cherokee citizens combined,
with the plain purpose of either taking the
the prisoner by force or killing him. Inc
said assault was made in this manner TO wit:
While the court was peacably progressing,





and some entire strangers to me, headed by
a Cherokee concerned in the prosecution OF
the case. came riding up to the court ground.
dismounted formed in column. and marched
toward the court house, cooking their guns
on the way. No notice was taken ofthem Dv
address, nor did they say word until one OF
the foremost named Sut Beck, having dou-
bic barrelled shot gun in his hand cooked and
presented, gave me an order to get out OF the
wav and moment atterward one ofthe same
party fired into the house at some one. salu 10
be the prisoner. The fact that the party was
led by the most active of those engaged IN
prosecuting and their unmistakabe hostile
demonstrations against the prisoner who was
soon shot. and. SO far as | can learn, at the
first ii c, determined the guard to resist which
they did and a scene ofterrible slaughter i'm
medately ensued which it is impossible ac-
curately to describe. The guard were sub
stantml men whom ! could trust and as
sworn officers of the law were responsible for
the sifc-keeping and protection OF the priso-
ner independent of any orders from myself.
From the most reliable information can get.
after the prisoner was wounded, Judge Moses
Alberty. Attorney for defence was shot hiie
sitting at the Clerks table taking the evi-
dence in the case. This gentleman died in
his seat without speaking word, one or both
bal rels of shotgun having been emptied in
his breast bv one of the asSaulting party Just



front of the attacking column then fell and
died. The defendants then transferred the
fight entirely outside OF the small building
crammcd as it was by the Jury. Judge, al. q
spectators by stepping outside. This no doubt
would have been done before by my order or
other, had the least apprehension been enter
tained by the authorities interested that an
sault of force so deadly was about to be
made. part of the guard however were
outside at the time the firing commcnced,and
soon the battle ragged around the building. II
is not necessary 10 particulari2e the time and
circumstances Immediately connected with
the fall of each victim of this uncH Hpectcd, un-
provoked and l may say wholly upwarranted
attack upon those concerned in the admins.
| tration of justice in our country, even If ]
were able to state it all reliably. Suffice it to
say that the fight Is estimated to have lasted
ten or fifteen minutes. The assailants then


fed and the authorities and citizens on the
ground occupied themselves with taking care
OF the wounded and dead of both sides " lth-
ont distinction, Eight dead were hauled to
the nearest residence from the court building
snd outside. One more was found back ofthe
| house n short distance where he had run and
fell after being mortally wounded, Another
ia said to have been found about q quarter Of
a mile OF In the direction the retreatlng par
" took. but | cannot vouch for this. The
court after the combat was over, and no evil





appearing, adjourDing till the next day, and
all parties were soon engaged in the melan-
choly task of providing for the wounded and
! disposing Of the dead. OF the former, Deputy


Marshal Owens was shot through and taken


to Mrs. Whitmircs, where he received every


attention possible under the circumstances
His Honor the Presiding Judge B. H. Sixkil-
l0r was severely wounded in the wrist The
prisoner, rs before stated, was seriously


wounded In the leg, nj the beginning Of the
aflray, the bullet remaining in the bone


William Beck WAS desperately wounded in
the body. lsaao Nann badly in the elbow
Sut Beck, known as white Sut, who took the
badly wounded One of the Jurymen was
shot through the shoulder Several others
are said to have been slightly wounded The


Alberty, Andy Palonc Johnson Proctor, Of


whom Proctor and Alberfy were unarmed
and not engaged, and men of years. Both


were Killed by the assailants. OF the Becks,
Samuel and Sut, known as black Sut were
! killed Those who were engaged with them
in making the assault and were killed were
Polly Chesterson and two others whose


names am unable to give at present.


i have thought 1t my duty to be thus par


ticular in giving an account of this deplorabe


affair that should the National Authoritie


see proper to move in the matter it may q


so upon as correct information as an office


on the ground at the time it first took place


could give. My duty being first principally


to the Nation. have no prejudices or feelings


to indulge either in acting myself or relating
ns n pt Iar