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 Ft. Gibson Post

Vol III No 5

October 21, 1897 (Part 1)

Abstracted / Transcribed by Linda Haas Davenport

When the print is so faded that it cannot be read <.....> will be used . All transcription will be as found in the paper, misspellings and all


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<Issue for Oct 14 1897 is not on the microfilm>


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<In the following several cases are noted as: "nolle pros" - this means: NOLLE PROSEQUI, practice. An entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no further. The effect of a nolle prosequi, when obtained, is to put the defendant without day, but it does not operate as an acquittal; for he may be afterwards reindicted, and even upon the same indictment, fresh process may be awarded. 6 Mod. 261; 1 Salk . 59; Com. Dig. Indictment. K; 2 Mass. R. 172. Bouvier's Law Dictionary -1856 Edition ... if you find one of your surnames below the first question that comes to mind is "where can I get a copy of the court records?" - I can't tell you. Prior to statehood these courts were federal courts and their records are USUALLY found in the National Archives branch Ft. Worth, TX or the Oklahoma Historical Society, Oklahoma City, OK>

     They Are Grinding Away At Both Vinita and Muskogee.
           A list of the Many Cases Disposed of By Judges Thomas
           and Springer During This Term of Court.
Special Report to The Post - Vinita, I.T. Oct 19
     Judge Thomas' court is still grinding away on the criminal docket. Up to Saturday the following cases had been disposed of:

John Kingfisher and John Merrill, introducing and selling liquor; bonds forfeited.

Wm Askins, Richard Askins, John Watson and Robert Cloud, larceny; bonds forfeited.

Arch Ballard, liqour; $1 fine and one month

G W Teel, George and Henry Tritthart, false pretense; nolle pros

Thomas Stufflebeam and William Smithson, liquor; guilty

J L McElhaney, liquor; nolle pros

Samuel and Wm Childers, liquor; bond forfeited.

S C Nigh, liquor; not guilty

Cecil Nye, carrying pistol, default

Allen Smith, larceny; nolle pros

John Deerstone, Ed Perryman and Jack Davis, larceny; two first named discharged; latter continued

Bryon Dickson and C F Dunn, larceny; former year and a day, and the latter two years and costs

Walter Flippin, perjury; two and a half years and fined $250

Sam Raper and Robert Paris, liquor; former guilty, new trail; latter 60 days and $1,000

John Thomason, Steve Vann, W P Henderson, Hans Virgin, Thomas Allen, F Billingslea, Red Ryan and Wash Dicks, gambling; guilty, fined $10 and costs

Lewis Fabroe, murder, continued, <smudged> day next term

Charles Sanders, assault to kill; continued

Sam Atkinson, attempt rape; continued, sixth day next term

Mont Skinner, larceny and robbery; acquitted

Silas Longbone, larceny; pleaded guilty, sentence suspended.

James Spencer, cattle stealing; two and a half years

James and Harve Butterworth, robbery; guilty

Chas Stevenson, Ed Culver and Henry Posey, liquor; former one year in reform school, latter two $100 fine and three months in jail

Jack Bowlegs and Pohie Hayes, larceny; former five years and one month, latter two and a half years

Eugene Kuntz; liqour; sixty days and $100 fine

Ulysses S Ritter, rape; guilty of attempt, seven years

Isaac Newman, Wm Nance, Chas Atwood, James Wilson, Dick McGirt, Paris Gillmore, Charles Armstrong, David Hood, Calvin Backbone, Boyd Dunwell, larceny; Wm Sisemorel and Ben Grayson, larceny and receiving stolen property; Alonzo Morgan, receiving stolen property; Ben Grayson and peter Harjo, liquor; transferred to Muskogee.

John Doston, false pretense; Wm Wright, assault to rape; Earl Murray and Wm Cantrell; conspiracy to rob train, transferred to Wagoner.

Judge Sprnger's Court - Muskogee, Oct 18

The following cases were disposed of in the United States court last week:

J F Ingram vs. Mary Ingram; defendant allowed $15 per month, to be paid the clerk, and $50 attorney fee pending suit

Patsy McIntosh vs. M Breedlove; forcible entry and detainer. Verdict for plaintiff for possession of premises

H A and N L Share vs J J McAlester; verdict for defendant

T M Richardson Lumber company vs Robert McLean; judgement by default for possesion of property replevied

Julia Mills vs Huge Mills; divorce granted, and plaintiff restored to her maiden name

J E Long vs G W McDonald; judgement by default for $1,367.08

David Slater et al. Vs. A Hower; judgment of lower court affirmed with <column 2> costs and stay of execution granted for 60 days

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M L Coker vs Dick Reynolds; suit dismissed and return of property ordered

Alfred Workman vs Mollie Workman; divorce granted

Lelie Holt vs Chas S Holt; divorce granted, custody of child awarded to plaintiff

Baker Bros. vs A E Johnson; dismissed

Ferguson, Bagget & Nugent vs Geroge Gritts and J A Clark, dismissed

Wyler Ackerland & Co vs C M Dyer; attachment sustained.


Walter Shepard who knocked down an officer at Wagoner circus day, was tried on a charge of assault with attempt to kill; defendant discharged

Reuben Arp and Wiley Arp were tried for aggravated assault; the government failed to make a case and defendants were discharged

Bosey Haskins charged with horse-stealing, trail set for November 30.

Tony Hamilton charged with horse stealing; examination developed the fact that his wife owned the horse. Defendant discharged.

     It seems to Have Lost Sight of the Dawes-Creek Treaty.
Special Report to The Post, Okmulgee I T Oct 19 -
     The Creek is still "sawing wood and saying nothing," so far as the Dawes-Creek agreement is concerned. Up to date the document has not been ratified and the opinion grows stronger each day that it will not be ratified.
     Outside of the election of officers nothing of importance has been accomplished by the Creek legislators. Officers have been named as follows:

S J Haynes, judge of Okmulgee district
Wm Anderson, district attorney Okmulgee district
H C Reed judge Muskogee district
S K Anderson, attorney Muskogee district
J S Loney judge Deep Fork district
Dave Barnett, judge Wewoka district
Oche Chuppe attorney Wewoka district
Amos McIntosh, judge Eufaula district
N B Childers, judge Coweta district
A P McKellop, national tax collector.
Hon Watie Fish, member of the council from Kialigee town, died suddenly here Saturday of congestion.

     Since receiving the above report The Post has received special advices from Okmulgee to the effect that the Dawes-Creek agreement was voted upon yesterday afternoon and rejected, almost unanimously by the Creek Council.

     Three Men Near Fawling, I T
     Shot and Killed Last Thursday.
Special Report to The Post. Webber Falls, October 18 -      Last Thursday morning near Fawling, Joe Jordan was killed by John Miller and Lee Boyles, and they, Miller and Boyles, were killed by J D Jordan, the brother of Joe. The Jordan brothers rode upon Miller and Boyles who were asleep, the fact that a bunch of cattle were huddled up as though they had been rounded up, and their horses being saddled and hitched near by, caused the Jordan brothers to approach Miller and Boyles, supposing them to be cattle thieves. Joe Jordan called to them to now who they were; Miller answered him with his winchester, shooting Joe Jordan through the heart, killing him instantly; then he turned on John Jordan, made a bad shot and missed him. John D Jordan returned the fire and killed Miller, about the same time Boyles and Jordan exchanged shots, Boyles being killed.

Special Report to The Post. Sallisaw October 19 -
     News has been received here that Judge Thomas has granted the petition of our citizens and that a commissioner's court will be established here at once. It will be of great convenience to both the citizens of Sallisaw and the entire eastern part of the Cherokee Nation. It is supposed that this means Judge McCombs's court will be removed here and that the court now held at Vian will be discontinued.

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.      Stapler's Store and Residence
     Destroyed Monday Night
.            Loss Estimated at $30,000, Covered by About $15,000 Insurance.
           Other Tahlequah Items.
Special Report to The Post. Tahlequah I T Oct 20 -
     There was a big fire here Monday night of this week, burning to the ground what is locally known as the Stapler corner, being the large department store of John W Stapler & Son and the old Stapler residence, recently occupied by J B Stapler. Mr. Stapler had but a few days before moved into his elegant new residence three blocks west.
     How the fire started no one seems to know, but it evidently caught in the clothing department of the store, and supposedly from the stump of a cigar or a match left on the counters or floor of that department. The fire was first discovered about 12 o'clock by Chief of Police W B Wyly who gave the alarm. A short time before H B Price, night watch for Wilson's stable, smelled what he though to be burning clothing, but upon looking around the block he discovered no sign of fire.
     For a time it looked as if three blocks would go; and they no doubt would but for the untiring and heroic work of many of our citizens. The total loss is estimated at $30,000, the goods and property being insured for about half that amount. The Messers. Staplers will rebuild.


Our fellow townsman, Frank J Boudinot, who was recently quarantined in Galveston while on his wedding trip, is home again and he is the same affable Frank.

C D Markham has lately moved his stock of general merchandise from his store on Grand river into the old Thompson stone building, now occupied by the postoffice.

There has been no special call of council by chief Mayes, as recently reported in some of the newspapers. Council will meet at the usual and regular time - the first Monday in November - no sooner. The treasurer, auditor and other officers are getting ready their reports to make immediately upon the meeting of council next Monday week.


James W Breedlove, Jr., has a neatly fitted law office at this place. He is a recent graduate from the Nashville Law University.

Miss Linda Chastine died near this place on the 13th inst., aged 60 years. She was the wife of William Chastine and was an excellent lady.

Fred Holden, who got cut with a knife on the train returning from the circus recently at Fort Smith, is improving daily and will be out before long.

Muldrow needs some kind of fire protection. A large cistern or well with plenty of water and a hundred or more buckets would be sufficient for an ordinary fire.

Charles Shermer has resigned as city marshal and John Bailey has been appointed in his stead. Charley was marshal while he held office; he didn't leave others run him.

C C Marcum, a stonemason, has sued the city for $5,000 damages for false imprisonment. He has employed as his counsel J Warren Reed and Col. Thos. Marcum, of Muskogee

Citizens immediately after the destruction of W J Smith's house presented him with $125 which had been raised by subscription. Mr Smith made a short speech, thanking the townsmen for their gratitute.

Cotton is still coming in at a rapid rate. Breedlove's gin has turned out up to date about 800 bales, and Alexander's gin about 900, which is thought to be not much more than half the crop in this vicinity.

The United States government surveyors are encamped south of this place. The work of sectionizing has

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been finished from the Arkansas state line near Fort Smith, a distance of about 15 miles west. It is thought that the entire survey of the Cherokee Nation will be completed before New Years.

A Territory <ink blot> "son of ham" rented a house from one of the Watts' and refused to pay the rent, claiming the place as his own on the grounds that Watts is an intruder. The result was the negro got a great beating and had to leave.

Two of the government survey men were arrested in town on Sunday. One had eight quarts of whisky in a valise. The fellows thought because they were at work for the government they had a right to take in as much whisky as they pleased.

The residence of W J Smith of this place was destroyed by fire Monday morning. The fire originated in the upper part of the building and had water been plenty it might have been saved. Three or four other dwellings nearby had a narrow escape.

James Digger, a section hand in the employ of the K & A V railroad here, while attempting to board the Frisco cannon ball train, slipped and fell under the cars. The wheels passed over him, taking off one of his legs above the knee. He was taken to the hospital at VanBuren where it is said he died of his inquires <sic>

The Crusaders are still holding forth here to crowded houses. On Sunday night the house could not hold all the people. The singing was fine, accompanied by instrumental music. About twenty persons expressed a desire to "come to Jesus." They have a band at Sallisaw and another will shortly go to Vian. In due time they will arrive in Fort Gibson, where they intend to hold big meetings. The singing alone is worth going miles to hear, and then they appear to be doing much good in reclaiming sinners.

     He Assumed Charge Of His Office Saturday Last.
Special Report to The Post. Muskogee, October 18 -      Saturday afternoon Hon Leo E Bennett was sworn in and assumed charge of the Northern District. The oath of office was administered by Judge Wm M Springer, after which the Judge congratulated the new marshal upon his perferment and promised his hearty co-operation in the performance of his duties. At the same time Judge Springer expressed his thanks to Retiring Marshal Rutherford for the very able and efficient manner in which he had discharged his duties during his term of office.
Frank C Hubbard was then sworn in as chief deputy marshal
P M Ford, second deputy
E L Berry, third deputy
W R Lock as fourth deputy, all of whom will perform office duties.
The following field deputies were then called forward and sworn in:
Dave Adams
John O'Brien
Jacob Harrison
Grant Johnson
George Lawson
Frank Jones
J F Ledbetter
A M Lewis
Bass Reeves
J C C Rogers
Gabe Beck
The retiring officers turned over the business to these men who at once resumed the functions of their offices.
The following other appointments have been announced by Marshall Bennett:
Gideon S White, office deputy, Vinita;
John C Dannenberg, office deputy, Tahlequah
W A Lubbes, jailor, Mukogee

     The Indian Territory foot ball season opened at Muskogee last Friday with a contest game between the Male Seminary team of Tahlequah and the Kendall College boys of Muskogee, resulting in a signal victory for the Male Seminary <remainder is a description of the game>.

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     At Least, He Knows Something About Cherokee History.
           Fitting Tributes Paid To The Memory Of
           The Late Joel B Mayes and Wm. P. Ross Of The Cherokees.
     Under the caption of "Territory News" a paragrapher on the Siloam Springs (Ark,) Republican delivers himself as follows:
     "The writer was present at Tahlequah and knows personally of some of the incidents that transpired in the executive office when Chief Mayes was offered $50,000 in cold cash to sign the bill releasing the Cherokee Strip to the livestock association that had so long monopolized that valuable property. The old chief was calm and collected, and refused the offer with politeness, but there was a twinkle in his eye and a candor about his general demeanor upon that important occasion which will never be witnessed again in Tahlequah. After retiring to his room at the Fuller house, Chief Mayes, solemnly remarked: "You would have take it, wouldn't you? Well, I wouldn't. The offer was really tempting, in a money sense, but what use do I have for money. My wife and I are comfortably fixed in our humble home over on Grand river and we don't have to sell to the Cherokee Strip Livestock association or any body else. Will just keep that country out west for future use, and will rent it to somebody for a good sum or not at all." The man who made the offer used to live at Fort Gibson, and he had plenty of gall, but no judgment. Where he is now, God only knows. We don't"
     "The Cherokees should have been able by this time to have produced somebody capable and willing to write a suitable biography of W P Ross, in some respects the greatest man the Cherokees ever produced. 'Tis true Col. Ross' greatest resemblance was to his white ancestry, but, nevertheless, he was a Cherokee, and is deserving of better recognition at the hands of a people he loved dearly, and with whom he threw away a life that unquestionably would have shone as a bright star amongst a more enlightened and appreciative race.

"Harry Hastings, a printer and gambler, who was killed by a soldier at Fort Gibson, in 1889, was evidently of very respectable parentage, but nobody knew anything of his previous history, not even his name, positively, and his body was consigned to the potter's field without mourners. He was a high bred young man, of excellent manners. Who knows but that an aged mother or other relatives awaits his return?

"Fort Gibson, Muskogee, Wagoner and South McAlester each desires the capitol. The first named should have the lead, if natural advantages are to be considered.

"It is a mistake that Jefferson Davis was at one time in command of the post at Fort Gibson. He was stationed there, but ranked as a lieutenant.

"Ex-Chief Bushyhead is reported as living quietly at his Queen Ann home in Tahlequah, nursing with care his gubinatorial aspirations.

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