John and George Pierce were brothers. They were white men, and were convicted of murdering William Vandever near Whiskey Ford, between Tahlequah and Wagoner, on the night of the 14th of February, 1895. Robbery seems to have been the object of the murder. The evidence against the accused was altogether circumstantial, but the web woven by Judge Read, the district attorney; was so complete that nothing offered in rebuttal could over come it. A strong effort was made by their attorney to invoke the clemency of President Cleveland, but the facts which led to their conviction had been too well established, and the executive refused to interfere.

Some time in the latter part of 1894 or early in 1895 George and John Pierce of Texas county, Mo., in company with William Vandever, (left?)to go to the Indian Territory. The Pierce boys owned the wagon in which they traveled, which was drawn by a pair of mules, and a camping outfit. Vandever had a gray mare and colt, and when he left Texas county had something more than $100 in cash in his pockets. Shortly before he started he loaned the brothers $5, and it is thought that while making his loan the boys became aware of the fact that he had money, which eventually led them to take his life. They were seen together at different points on the route toward where the tragedy was enacted, and on February 12 camped at the ferry on Grand River opposite Fort Gibson, where they remained until the 14th, when they broke camp. When they were last seen together after breaking camp they were going in the direction of what is known as Whiskey Ford. They camped a few miles from this place, being seen by several persons on the night of the murder. Early the next morning about 4 or 5 o'clock Andy Brown, a man who lived not far from the camp of the three men, and who had seen them the evening before, was aroused by the report of a "loud gun," as he called it. He got up and went out to investigate the cause of the noise, and did not retire. Shortly afterward while feeding his stock, two men who afterward turned out to be John and George Pierce, came by his barn-yard. One was driving the mules and the other riding the grey mare. They enquired the road to Whiskey Ford, and were told to keep on, that they were going in the right direction. Brown's suspicions were aroused by the conduct of the two men. He thought, among other things, that they had been killing his hogs, so he aroused several of his neighbors and together they examined the camp. Their investigation confirmed their worse fears. Blood was found in several places about the camp, and in a tree top near by was found an old blanket, rolled up, upon the inside of which was blood, which had not yet congealed. They continued their search, and in a short time discovered the body of a man on a small branch about 150 or 200 yards from the camp.

When found the body lay on his back. Its head was wrapped in a blanket, and on the top of the blanket was a hat. In the front of the hat were shot holes. The blanket was unrolled from the corpse, and in the forehead were shot holes corresponding with those in the hat, which showed that the victim had been lying asleep with his hat pulled partly over his face when the assassin gave him his death wound. The body was in its stocking feet, and there was a trail of blood leading from it to a spot near the camp fire, where the unfortunate man had been asleep.

This horrible discovery excited the whole immediate country. Deputy Marshal Lamb, who happened to be at Wagoner, was notified of the circumstances. He hastened to the scene and assisted by people who lived in the neighborhood of the murder started out in search of the wagon, which had left its tracks, and its murderous occupants. They followed trails over mountains and through by roads and gorges, and finally came upon the objects of their search in Tahlequah. The Pierce brothers were in a wagon yard when their puraners? came upon them and were immediately placed on arrest. They at first refused to give their names, and when told they had been arrested for killing their traveling companion one of them responded, "By G-g. if we have killed him, you prove it!" The boys had in their possession the gray mare and colt that had belonged to Vandever, clothing that did not fit them nor compare with their size, and a pair of boots which it was afterward ascertained had been taken from the feet of their victim. Another circumstance which went strongly to show their guilt was a hammer.

Examination made by those who discovered the corpse of the murdered man disclosed the fact that he had been shot in the forehead and then struck on the head with the poll of a hammer, and in the wagon of the defendants was found a hammer upon which blood had left its unmistakable stains. There were also blood stains upon the clothing of the prisoners. This they tried to explain away by saying the nose of one of them had been bleeding and that they had killed a rabbit a short time before they were arrested.

Upon the refusal of the prisoners to give their names Deputy Lamb searched their effects and in their clothing was found letters which disclosed their identity as well as that of the murdered man. In one of the letters from their people at home the question was asked whether William Vandever was still with them. This was the first clue to the identity of the victim of the cruel murder. The defendants finally acknowledged that their names were George and John Pierce, but disclaimed any knowledged ? of Vandever's whereabouts, or of participation in the murder of the man whose body had been found near their late camp. They admitted that Vandever had started with them from Texas county, Missouri, but said that he had left there long since, that while passing through Coffeyville, Kan., he shot at a dog; this alarmed him, and fearing arrest he went away, leaving his horses, clothing, and most of his effects; he said he was going to California, and they had not seen him since. When asked who had been at their camp the night before the murder was discovered they said he was a stranger and did not know who he was, that he had left after dark, going toward Whiskey Ford.

This was all the Pierces could or would tell. Their answers to all questions were confused and unsatisfactory. Finally they were taken back to the scene of the murder and upon their arrival acknowledged they had camped there. When asked to describe the man who had camped they were examined separately, and each gave a different description of him. They were shown the corpse, and one said it looked like the man who had been with them; the other said it did not resemble him in the least. But he denied that it was Vandiver, the man who left Missouri with them.

After securing what clues he could to the murder of Vandever, Mr. Lamb came to Fort Smith and turned the Pierces over to Marshal Crump, and the bloody victim of the brutal murder was buried near the fatal camp.

There still remained doubt as to who the murdered man had been. Judge Read, the district attornery, believed him to be William Vandever, who had left Missouri with the two Pierce boys, but not being thoroughly satisfied, concluded, in order to get the matter entirely at rest, to send to the home of the defendants in Texas county, Mo., and summon the postmaster of the town where the defendants and deceased had formerly lived who was well acquainted with all parties as a witness in the case. This was done. The body of the victim was exhumed, and the weather being cold,it proved to be in a perfect state of preservation. It was examined by the witness Judge Read had summoned and he had no hesitancy in pronouncing it the body of William Vandever.

This proved the thread that fastened the web securely around the defendants.

When the trial took place it was made clear from the evidence that George and John Pierce had murdered William Vandever while asleep and that in addition to taking his life they had robbed their victim of all the property he had possessed, not even excepting the boots, which he had on his feet at the time of the murder.

When given the case the jury returned a verdict of guilty after a very short deliberation. The case was appealed to the Supreme court of the United States on a writ of error, and the judgment of the lower court sustained. An application was, then made to President Cleveland for pardon, which was refused.

John Pierce was 29 years old and George 28.

Contributed by Marguerette Powell "UNITED STATES OF AMERICA
WESTERN DISTRICT OF ARKANSAS

THE PRESIDENT OF THE UNITED STATES OF AMERICA, TO THE MARSHALL FOR THE WESTERN DISTRICT OF ARKANSAS, AND THE KEEPER OF THE U.S. JAIL, GREETING:

Wheras, George Pierce & James Pierce have been arrested, and this day brought before JAMES BRIZZOLARA, a Commissioner appointed by the Circuit Court of the United States, in and for the Western District of Arkansas, under the laws of the United States, charged on the oath of (blank) with murder and having inquired into the truth and probability of the charge exhibited against them and upon consideration of the facts and circumstances proved, the said Commissioner did adjudge the said George Pierse [sic] & James Pierce to be guilty of having committed the said violation of law, and committed. We therefore command you , The said Marshal [sic], forthwith to convey the said George Pierse [sic]& James Pierce to the United States Jail at Fort Smith, and them deliver to the Keeper thereof. And you, the said Keeper, are hereby required to receive the said George Pierce & James Pierce into your custody in the said jail, and them there safely to keep until they shall be discharged by due course of law.

Given under my hand this 19th day of Jany 1895
James Brizzolara [his signature]
Commissioner U.S. Court, West. Dist. Ark."

In the same jacket is found a handwritten note on the stationery of the Clerks's Office

" We the jury find the defendants George Pierce and John Pierce guilty of murder as charged in the First count of the within Indictment. 3/1/95

J C Amistoud - Foreman"