KESTERSON FAMILY GENEALOGY

JAMES KESTERSON
&
His Connection to Zeke Proctor

Interview with Stanley A. Clark
515 Fredonia St. Muskogee OK in 1937

Recalls this story --- By Eli H. Whitmire - 1/ 2 Cherokee born in Going Snake Districk 13 Jun 1858 situated on Barren Fork Creek the son of George W. Whitmire and Elizabeth (Faught0 Whitmire (Now Adair Co OK)



On a picturesque little stream, calld Flint Creek, stands an old historic mill, known as the Hilderbrand Mill, where once lived the widow Hilderbrand. However, at the time of this tory, Mrs. Hilderbrand had married again, this time a man named Jim Kesterson. It was at this mill that a great tragedy o ccurred, which later developed into what is known as "The Proctor Fight." At the time of the tragedy I was a small boy, fourteen years old, but the details are as fresh in my mind today as though it had happened yesterday. Mrs. Kesterson, or "Aunt Polly," as she was usually called by those who knew her best, was a half-breed Cherokee Indian, and Kesterson was a white man. They were considered law abiding people. White Sut Beck, Black Sut Beck, Sam and Bill Beck also were half-breed Indians, and nephews of Mrs. Kesterson. During the Civil War the Becks and Zeke Proctor both served in the Army, but under different flags. Proctor served in the federal and the Becks in the Confederate Army. Nevertheless, they were good friends until the trouble started of which I shall write.

Zeke Proctor also was a half-breed Cherokee Indian, and when history has granted him the justice of perspective, we shall know him as a picturesque man of many figures resourceful, self-reliant and bold; adapting himself to diverse circumstances and conditions, meeting each cheerfully, with confidence in himself in dangers and perils, by which he had been educated. He was a strong man with a strong man's virtues and a strong man's vices. He served as sheriff of Goingsnake District, Cherokee Nation, Indian Territory, which is now Adair County, Oklahome, for a number of years. He wore his long black hair hanging down his back, typical of his race. He had keen, black eyes which could look with stern retribution from their depts, or with a smile that would illuminate his whole face. He always carried a gun buckled to his hip, and would never sit with his back to any man. It was some time during the month of February, 1872, that Proctor and Kesterson began having trouble over some stock. Proctor lived about 10 miles from the Hilderbrand Mill. One morning he saddle dhis horse and rode to the mill to talk the matter over with Kesterson. He found both Mr. and Mrs. Kesterson in the mill. He bade them the time of day and their talk drifte dto the trouble about the stock. Finally they got into a heated argument, and it would be impossible to tell all that was said, as I am only telling it as I heard it told.

Proctor, seeing Kesterson reaching for his gun, drew his own gun and fired. Mrs. Kesterson, thinking that she might save her husband, had run in between the two men, and the bullet intended for Kesterson entered her breast, killing her instantly. Kesterson then ran up the steps to the second story of the mill, Proctor firing two more shots at his retreating figure, shooting two holes in the latter's coat. Proctor then mounted his horse and rode away. Arriving at his home, he told his folks what he had done. He then sent a man to tell Jack Wright (my brother-in-law) who was sheriff of Goingsnake District, of the affair. Jack Wright lived about five miles east of Barren Fork. When the man had delivered Proctor's message to him, he went over and arrested Proctor, placed a guard over him and reported the case to the prosecuting attorney.

Cornick Sixkiller was appointed special judge to try the case and the 15th day of April 1872 was the date set for trial. Court convened on that date, Proctor was arraigned for trial, and while the lawyers, both pro and con, were arguing for a continuance of the case, up rode a posse of men headed by Deputy United States Marshal Owens and accompanied by White Sut Beck, a nephew of Mrs. Kesterson, the other becks and their crowd being already on the ground and heavily armed. Back in a grove stood the little log school house, known as the Whitmire school, which was being used on this special occasion for a court house. Judge Sixkiller sat at a small table facing the door, which was in the east. On the judge's left was Joe Starr, clerk of the court, and on the right was Moss Alberty, attorney for Proctor, while the prosecuting attorney, Johnson Spade, was standing arguing a motion before the court. Proctor sat by his attorney, with one of his guards, Tom Walkingstick, standing near. Four other guards stood around the door, on the outside- Lincoln England, John Looney, John Walkingstick and Jess Shell.

White sut Beck seemed to be leading the marshal's force, and with his crowd made for the courthouse door. Sut leveled a double-barrel shotgun on Zeke Proctor, a brother to Zeke grabbed the gun, and received the full charge of shot in his breast, the other load striking Zeke in the knee. The battle then was on, and it would be impossible to describe the horrible and bloody scene which followed. The firing of guns then was so rapid the bullets rained like hail in every direction. For a moment it seemed like a duel to the death on both sides. Finally the posse fled before the avalanche of bullets from the Proctor side, as did all the spectators who stood near. When the smoke of battle had cleared, the ground in front of the little school house was covered with dead and wounded, while Proctor and what was left of hism en stood victors over the scene. Nine men had been killed outright, and two had been mortally wounded.

About an hour later, my mother, who was a widow, had us boys hitch a span of mules to a wagon, drive to the scene of battle, and with the assistance of Proctor and his men, the dead and wounded were loaded into the wagon and taken to our house, the old double-log house that stands near the Whitmire Cemetery and is now owned by my brother, Getty Whitmire. The wounded men were carried into the house, which was converted into a hospital until relatives came and took the men away. The dead were laid out on the big porch. Those killed on the Proctor side were; Johnson Proctor, Moss Alberty, Attorney for Proctor, who was struck by a stray bullet while sitting at the judge's table, and Andy Palone. Ellis Forman was wounded in the shoulder, but recovered. On the Beck side, those killed were: Sam Beck, Black Sut Beck, Bill Hicks, Riley Woods, George Selvage and a man named Ward, all of whom died on the battle ground. Deputy U.S. Marshal Owens and Bell Beck were mortally wounded and died later.

Marshal Owens stated before he died that when he and his posse got off their horses "the boys" made a rush for the court house door, that he tried to stop them, but could do nothing with them. My eldest brother, Steve Whitmire, and a school teacher named Mack, who boarded at our house, saw the whole thing from start to finish. THey had left the school house just a little before the fight, the teacher havingdismissed school and sent the children home. When the excitement had somewhat quieted down, the sheriff and the guards took Proctor to old man Seraper's place, where he was guarded until the next day, when he was tried and found not guilty by a jury of 12 men. After events like the above, society is always thrown into a turmoil from which it takes a long time to recover. People still continue to discuss that terrible battle, which was destined to leave a lasting impression upon the minds of so many people.

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