April 25, 1872
"Fearful Butchery in a Cherokee Court House -
"Proctor the Woman Killer on Trial.
"The Judge Badly Wounded
Little Rock, Ark., April 20, 1872
The following startling letter was received on Tuesday morning at the United States Marshal's office by Captain James W. Donnelly , Chief Clerk:
WHITEMORES, OF BARREN FORK/CHEROKEE NATION
J. W. Donnelly:
Dear Sir - Yours in haste.
In order that the circumstances causing the terrible fight above alluded to may be more fully understood, we will state the following
A Sheriff and Seven Dupty United States Marshalls Killed"
His Crew of Desperadoes the Murderers"
Threatened Vengance by Federal Authorities"
The Fort Smith New Era of the 17th instant contains the following startling news from the Indian country. The feeling of jealousy harbored by our Indian neighbors at the authority of the government of the United States existed over their territory culminated last Monday the 15th inst, in a fearful deed of bloodshed, falling a little short of the wholesale massacre of the agents of the government.
We have had a terrible fight lost seven on our side killed. Three of theirs are killed. There are lots of wounded. We are in a devil of a straight: send us men and means instantly. We are with the dead and wounded, and expect to stay with them until the last one of us goes. Owens is wounded. For God's sake send help, and send quickly. Come to Dutchtown and then down Barren Fork to Whitemores. Ward is killed. Vanney and Lane along with Owens. None of the rest are here with us. We look for help to-morrow night by dark, and are looking to be attacked every moment. The parties are close together. Some of the Cherokees are with us.
J S Peavy
On the 11th instant a white man named J.J. Kesterson, living in the Cherokee Nation, near the Arkansas line, about fifty miles from this city, came here and filed information before United States Commissioner Churchill against one Proctor, also a white man, married to a Cherokee woman, for assaulting him, with intent to kill. He stated that while in his saw mill on the 13th of February last Proctor came in, walked up without provocation and shot his wife dead. He then fired his revolver at him, the ball striking just above the left eye. Before he could fire again Kesterson escaped. It is further stated that Proctor is undergoing trial now for the murder of his wife at the Court House in the Snake district, about fifty-seven miles northwest of here. A writ was issued, and the Deputy Marshals were instructed to go to the Court House and remain until the trial was over, and if he was not convicted to arrest him on the other charge. Proctor is known to be a desperado, and it being in the neighborhood
Where Deputy Marshal Bentz was killed a little over a month ago - where, in fact, a Deputy Marshal is shot at almost on sight - it was necessary that a strong posse be sent. The party also had writs for the murderers of the United States Deputy Marshal Bentz, who are supposed to be in the immediate vicinity, and they intended to resist arrest. Last Saturday morning, the 13th inst., Deputy Marshals Jacob O Jacobs and six others left for the scene. The Indian Court House is about twelve miles west of that place. The party proceeded, and about three P.M. on Monday they were within fifty yards of the court house. They dismounted and hitched their horses and quietly walked towards the east side of the house in file by twos.
They stopped at the corner, and Beck stepped around the front door and looked in. Seeing a large number of people inside armed to the teeth, he turned immediately to come away, but not before he was fired upon and dangerously wounded. At the same time a volley was poured from the Court House upon the Marshal's force without, who then commenced to return the fire. They were at great disadvantage, as the attacking party was under shelter inside the Court House.
It appears Beck had some friends inside the Court House, who, when they saw him fall, opened fire on his (Beck's) enemies inside, and presently the fighting was general. It was brief, however, but terrible in its result.
Of the Marshal's force seven out of eleven lay dead, and of the assailants, three. Some sixteen or seventeen are reported wounded, some mortally, including Marshal Owens. Morris helped to lay out nine bodies on a porch, about half a mile from the scene of the deadly affray, and thither the Federal wounded were also carried.
Proctor, the woman killer and desperado, was guarded by eleven of his personal friends, who would not see him convicted.
The Sheriff was killed and the Judge received three buckshot in the knee. Indeed it appears from the sudden and deadly assault upon the Marshal's force, that the people inside the Court House had been fully informed of their approach and were prepared for them. The officials had instructions to make a demand for Proctor only in case of his acquittal, and expected some resistance should they attempt to arrest Proctor after his acquittal, but for the murderous volley on their first approach they were not prepared, hence their slaughter.
Immediately upon receipt of Deputy Marshal Peavy's letter, R.C. Kerens, Chief Deputy Marshal, raised and mounted thirty men, under command of City Marshal, D.F. Robinson, and Joe Tinker, deputy. A demand has been made upon the authorities of the Cherokee Nation to assist in taking the murderers dead or alive.
This is one of the most terrible affairs ever known in the Indian country, originating in distrust and jealousy with which the more intelligent position of the inhabitants of the Indian Territory are misled by the bad white men. What protection can be had may be surmised from the fact that Proctor has committed eighteen murders and is still unhung. It is the stern determination of the United States Marshall in this district to bring to justice the murderous and rebellious crew in the Nation at any sacrifice or expense.
