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KING'S OKLAHOMA U. S. MARSHALS AND U. S. DEPUTY MARSHALS

J. W. Beach to William Bethel

Beach, J. W. was commissioned on January 14, 1884, in the Western District at Ft. Smith, Arkansas, serving under Marshal Thomas Boles. 

(Ft. Smith Oaths of Office) (Ft. Smith Federal Employee Database)

Bean, J. M. was commissioned in the Western District of Arkansas in 1899, by Marshal Jacob Yoes. 

(Ft. Smith Historical List)

Bean, Robert B. was commissioned on July 17, 1894, in the Western District at Ft. Smith, Arkansas, serving under Marshal George J. Crump.  Robert Bean lived in Tahlequah, Cherokee Nation. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Oaths of Office) (Ft. Smith Historical List)

Bean, Wickliff P. was commissioned in the Western District of Arkansas in 1899, by Marshal Solomon F. Stahl. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Historical List)

Bear, Jacob was commissioned in the Western District at Ft. Smith, Arkansas. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Historical List)

Beard, Jim was summoned to arrest Lou Wood Woodfin on assault charges, ten miles from Claremore, Indian Territory.  

(The Weekly Elevator - September 8, 1893)

Beard, John M. was commissioned on July 13, 1893 in the Western District at Ft. Smith, Arkansas, serving under Marshal George J. Crump.  Deputy Marshal Beard was shot and killed on December 9, 1894, four miles south of Guthrie trying to arrest Jim Price a local tough who was wanted by the United States court and Cherokee Nation.  Deputy Marshals Hulse and Beard made a mistake when they went after Price who had the drop on them.  Beard stepped behind his wagon trying to get a shot at Price.  Price leveled his Winchester at Beard, the ball struck Beard in the head piercing his brain.  He then made his escape through the brush possibly to the Cook gang.  After three months on the scout Price surrendered to the authorities and was taken to Ft. Smith, Arkansas. 

(The Weekly Elevator - December 15, 1893) (Ft. Smith Elevator - December 31, 1894) (The Beaver Advocate - December 30, 1894) (Watonga Republican - November 28, 1894) (Oklahombres) (Ft. Smith Federal Court Employee Database) (Ft. Smith Oaths of Office) (Ft. Smith Historical List)   Killed in the line of duty.

Beard, Walter was commissioned in the Western district at Ft. Smith, Arkansas on July 1, 1894, under Marshal George J. Crump. 

(U.S. Deputy Marshals, I. T. & O. T., 1893 - 1896) (Ft. Smith Historical List)

Beardsley Seth was commissioned in the Western District at Ft. Smith, Arkansas, by Marshal John N. Sarber.  He was killed October 1, 1873. 

(Oklahombres) (Ft. Smith Federal Court Employee Database)

Beaty, Jesse N. was commissioned on May 29, 1893, in the Western District at Ft. Smith, Arkansas, serving under Marshal George J. Crump. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Oaths of Office) (Ft. Smith Historical List)

Beauman or Bauman, Wes was commissioned in the Western District of Arkansas at Ft. Smith, Arkansas, serving under Marshal Jacob Yoes.  He was one of the sixteen deputy marshals that were chosen to bring in outlaw Ned Christie at Ned’s Fort Mountain near Tahlequah, Cherokee Nation in November of 1892.  Note:  See the Outlaw Battles section on the capture of Ned Christie for more information.  Wes was from Johnson County, Arkansas. 

(Hell on the Border - Harman) (Indian Pioneer History - C. B. Rhodes) (Ft. Smith Historical List)

Beck, Addison was commissioned in the Western District at Ft. Smith, Arkansas.  He worked the murder case of a Creek Indian, named Tualisto who robbed and killed a man named Emanuel Cochran.  Cochran was traveling through the Choctaw nation near the Creek border on July 6, 1881. Tualisto needed money to attend a dance and decided to rob the white man.  He borrowed a pony and followed his to be victim to a secluded spot where he rode up behind him, shooting him in the back of the head, killing him instantly.  $7.40 was stolen from his pockets and the body was left along the trail.  The brothers of Cochran offered a $200 reward for information leading to the arrest of the murderer.  Tualisto was suspected of the killing but there was not enough evidence to make an arrest.  He continued his life of crime until he was finally arrested by the Choctaw Indian police on a charge of larceny.  The Choctaw Nation court sentencing him to the whipping post in August of 1882; releasing him without bond knowing that he would return for his punishment.  Marshal Beck knew this would be an ideal time to serve him with a warrant of arrest for the murder charge.  While Tualisto was on the whipping post he bragged how bad he was.  He confessed to the Cochran murder and other killings he had committed.  Four buttons were sewed to his hat which he bragged was in honor of each man he had killed.  The confession was enough for Deputy Marshal Beck to serve the warrant of arrest.  Beck took him to jail in Fort Smith, Arkansas, where he was convicted and sent to the gallows to be hung on June 29, 1883.  On September 27, 1883, Addison Beck and a young man, Lewis Merrit who served as guard for him were trying to capture two thieves, John Bark and Johnson Jack in the southern portion of the Cherokee Nation.  The lawmen’s chase ended when they followed the two Cherokees into a cornfield.  The officers were at a disadvantage when they rode into an ambush.  Both officers were killed at point blank range.  Johnson Jack was charged with the killings of Addison Beck and his guard Lewis Merrit.  John Bark was also critically wounded, dying before he stood trial.  Johnson Jack escaped capture but was badly wounded in the fight with the officers.  He was taken to the home of Tom Bearpaw, about a half-mile from the spot that Beck was killed.  Deputy Marshal C.C. Ayres with a posse of ten men surrounded the cabin and arrested him without any resistance.  He was loaded into a wagon and taken to Ft. Smith, Arkansas to stand trial.  Jack’s wound was in the left breast but was expected to recover.  Jacks was half Indian and Negro.  Jacks defense was Beck shot at him first and then he fainted and he did not know whether he shot Beck or not. Remains of Beck and Merritt were taken to Ft. Smith for burial. 

(The Cherokee Advocate - October 5, 1883) (Indian Journal, Muskogee - October 25, 1883) (Law West of Fort Smith) (Heck Thomas) (Black Red and Deadly) (Hell on the Border-Harmon) (Oklahombres) (Ft. Smith Federal Court Employee Database) (Ft. Smith Historical List)   Killed in the line of duty.

Beck, Black Sut was a commissioned deputy marshal working out of the Western District Court at Ft. Smith, Arkansas, under Marshal Logan Roots.  He was killed on April 15, 1872.  George T. Candy reported in his Indian Pioneer History interview that four Becks were killed in the Zeke Proctor incident.  The four Becks killed were Bill, Sam, Sutt and “Double Head” Bill.  The April 1872, date is the same date that the Zeke Proctor incident occurred.  Zeke Proctor reported that Black Sut Beck, Bill Beck, Sam Beck, Will Hicks, George Salvege, and Jim Ward were the deputy marshals that were killed and White Sut Beck and George McLaughlin were wounded when they tried to take Zeke Proctor from the Indian court. 

(Indian Pioneer History - George T. Candy) (Indian Pioneer History - Zeke Proctor) (Oklahombres) (Ft. Smith Federal Court Employee Data Base)  Killed in the line of duty.

Beck, Gabe tried to serve a warrant of arrest to outlaw William Cumberledge who had robbed a post office at Clayton in Payne County.   While serving the warrant a gun battle erupted in which Cumberledge was able to flee the officer.  Gabe was commissioned as U.S. deputy marshal on May 25, 1895 and was still alive in 1930, living at Greenville, Texas.  Indian Pioneer History remembered Gabe working in the Claremore District with Ezra Bussey, Bud Teal and Bill Shipley.  

(The Indian Chieftain - January 23, 1902) (Experience Of A U.S. Deputy Marshal) (Guardian of the Law) (Indian Pioneer History - W. F. Jones) (Indian Pioneer History -Charles Huckleberry Rogers)

BATTLE WITH OUTLAWS

A Fight Between Deputy Marshals and the “Miller Gang”

February 5, 1898—The Cherokee Advocate—Claremore, I. T., Jan. 27—A special to the Fort Smith News Record says:  Information reached here this morning of a shooting at Inola, ten miles from here, in which two deputy marshals, Gabe Beck and “Hez” Bussey were shot and probably mortally wounded.  It is not known at this time whether or not these two men are dead.

                                                  Beck and Bussey, who ride for the Muskogee court, with headquarters at Claremore, had been planning for some time to capture the gang of outlaws, of which one Bill Miller is reported to be the leader.  Last night there was a big dance at Inola, at which it was known the desperadoes would be present.  “Hez” Bussey and Beck were on the scene, but the fact that the outlaws became apprised of the plan and succeeded in capturing and disarming Bussey, delayed the scheme to close in on the bandits.  The latter would have killed Bussey but the intervention of Miller.  When released last night Miller started out for reinforcements and secured them.  This morning he and Beck at the head of a posse, closed in around the house of Bill Critten, at Inola, where the outlaws were quartered.  Firing was opened by the deputies and returned by the outlaws with telling effect.  Beck and Bussey both tumbled to the ground, on which they were half reclining before the battle opened.  Both men were badly wounded, and it is possible that one or both are dead at this writing.  In the meantime the outlaws are at large, although Marshal Bennett at Muskogee has been apprised and reinforcements are already on the way.

                                                   The shooting occurred first as the Valley train, bound for Fort Smith, in charge of Conductor P. J. McNamara, was at the depot—the deputies, in fact, having come down from Claremore on his train.  As the firing was going on McNamara’s tawny whiskers quivered with the excitement of the occasion.  I reminded him of the days of Cook and Cherokee Bill gangs, when, with a six-shooter in each boot and two bowie-knives under his coattails, he used to pull his train through the Indian Territory, dodging bullets at every station.  McNamara told the engineer to hurry up, and the train pulled out.  Mac is a great believer in running on schedule time Passengers were badly scared.

                                                   Bud Weldon got on at Fort Gibson and it is rumored, promptly tendered a box of his Elevator cigars with which to exterminate the bandits.

     It is suggested that if the outlaws can be trapped into smoking them, their death will speedily follow.  Beck was an appointee of Marshal Rutherford and a brave man.  At one time he rode for ex Marshal McAlester.  Bussey is also a fearless deputy and was with George Lawson when “Dynamite Dick” was killed.

                                                   “One story is that Miller, whose parents are said to live in Fort Smith, is not really the head of this gang of outlaws, but is acting as a “decoy” to assist the authorities to capture the band.

Beck, Sam was on of the early day deputy marshals to work from the Western District of Arkansas.  Bear Grimmett and Pete Hawk were considered as two of the worst outlaws to ever go against the marshal’s forces.  Grimmett killed Deputy Marshal Beck on the Big Sallisaw Creek north of Sallisaw.  The two desperadoes took pleasure in going against the marshal’s forces.  The two men traveled to Van Buren, Arkansas where they replenished their supplies, and then during their return trip they stopped at Lee’s Creek where they became involved in a violent argument.  Both men were found dead grasping their six-shooters.  Their horses and a supply of whiskey added color to the view that they killed each other.  (Indian Pioneer History - Alfred Pickens Seabolt) Sam Beck was also reported killed on April 15, 1872, when the marshal’s forces tried to remove Zeke Proctor from the Indian court where Proctor was standing trial.  See Deputy Marshal J. G. Owens for more information. 

(Indian Pioneer History - Zeke Proctor) (Ft. Smith Federal Court Employee Database) (Oklahombres)    Killed in the line of duty.

Beck, T. E.  was commissioned in the Western District of Arkansas in 1899, by Marshal Solomon F. Stahl. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Historical List)

Beck, William was commissioned in the Western District at Ft. Smith, Arkansas. 

(Ft. Smith Federal Court Employee Database)

Beene, S. M. was commissioned in the Western District at Ft. Smith, Arkansas. 

(Ft. Smith Federal Court Employee Database)

Beers, Charley was commissioned in Oklahoma Territory.  He was working at El Reno, Oklahoma Territory when he shot a man named Brady who had been lured by several gamblers.  The gamblers were aware of Brady’s bad disposition so they got him drunk and irritated him until he started to fight them.  The gamblers called the lawmen, Deputy Marshals Jacobs, Stanley, Thompson and Beers.  Brady resisted the officers when they came to arrest him, drawing his pistol which cost him his life.  The gamblers, taking advantage of Brady’s ignorance, ended up with his land claim.  Date was not given of the incident but most likely it was during the Oklahoma land rush of 1889.

(Indian Pioneer History - George Alexander Lambe)

Beeson, C. M. was sheriff of Dodge City, Kansas and granted a commission when he came to Indian Territory to identify Bill Doolin, Bitter Creek Newcomb and Ol Yantis, members of the Bill Doolin gang who robbed the bank at Spearville, Kansas on November 1, 1892.  On November 28, 1892, Beeson, Deputy Marshal Tom Hueston and George Cox went to the home of Ol Yantis’ sister near Orlando, where they confronted the outlaw a little after daybreak.  Sheriff Beeson ordered him to surrender as Yantis pulled his pistol from his shoulder holster and fired.  At that moment, Hueston pulled the trigger of his shotgun which was leveled at Yantis, but the gun misfired.  Yantis hearing the click of the falling hammer, whirled and fired a second shot which also missed its mark.  All three lawmen fired simultaneously, driving Yantis backward.  Beeson ordered everyone to cease fire only to have Yantis fire again, this time grazing George Cox, who threatened to finish off his foe.  Beeson wanting to arrest the man alive, again begged the deputy marshals not to fire, only to have the outlaw reload his gun and unload it at the lawmen.  Out of the house came Ol’s sister who begged the officers not to kill her brother.  Beeson persuaded her to get his gun and talk him into surrendering.  He was bandaged, loaded into a wagon and taken to a doctor in Orlando where he died within a few hours. 

(Bill Doolin O. T.)

Behringer, Fred A. was commissioned in Oklahoma Territory, assigned to the Alva area in 1894 and 1895, by Marshal Evett Dumas Nix.  He was one of the deputy marshals that tried to arrest Nelson Wyatt alias “Dick Yeager” alias “Zip Wyatt” and Ike Black in the Gloss Mountains near Fairview.  The outlaw gang terrorized the settlers in that area for several months and it became every deputy marshal’s desire to capture them. 

(The Alva Pioneer - August 9, 1895) (U.S. Deputy Marshals, I. T. & O. T., 1893 - 1896.

Bell, John C. was appointed deputy marshal during the Oklahoma land rush of 1889, serving under Marshal Thomas Needles. He was one of five deputy marshals that filed an application for a homestead plot and had it rejected. (Chronicles of Oklahoma - Volume 35, 1957) (Oklahoma Land Rush Of 1889)

Bell, R. G. was commissioned in Oklahoma Territory from July through December, of 1895 where he served under Marshal Evett Nix. 

(U.S. Deputy Marshals, I. T. & O. T., 1893 - 1896)

Bellew, J. H. was commissioned in Oklahoma Territory under Marshal William D. Fossett.  In the fall of 1904, he brought in John Gassett who was arrested at Pawnee, Oklahoma Territory, on the charge of selling liquor to Indians.  Gassett was taken to the federal jail at Guthrie, Oklahoma Territory.  In July of 1905, Bellew brought in John Burns arrested for whiskey peddling and was placed in the federal jail at Guthrie, Oklahoma Territory.  Note:  Bud Ballew killed Deputy Marshal Dow Braziel. 

(The Seiling Guide - October 6, 1904) (The Lenora Leader - July 14, 1905) (Oklahombres)

Beman, James was commissioned on November 7, 1891, in the Western District at Ft. Smith, Arkansas, serving under Marshal Jacob Yoes. 

(Ft. Smith Oaths of Office) (Ft. Smith Federal Court Employee Database)

Benge, Charles was commissioned in the Western District at Ft. Smith, Arkansas, under Marshal Jacob Yoes.  In December of 1890, Deputy Marshals Benge and Dave Ross was summoned to Sweetown, Cherokee Nation where a drunken fight was in progress.  During the fight a Miss Ray was shot and badly wounded. 

(Ft. Smith Elevator - January 2, 1891)

Benge, R. L. was commissioned in the Northern District of Indian Territory, assigned to the Muskogee Court in July of 1894.

(U.S. Deputy Marshals, I. T. & O. T., 1893 - 1896) (National Archives, Washington, D.C. - Account # 8714)

Bennett, George P.  was commissioned in Oklahoma Territory, July through December of 1894, where he served under Marshal Evett Nix. 

(U.S. Deputy Marshals, I. T. & O. T., 1893 - 1896)

OFFICERS READY TO QUELL LAWLESSNESS

Deputy Marshals Appointed Ostensibly To Bridge Lapse Of Authority

November 15, 1907--Muskogee, Indian Territory--One hundred deputy marshals were appointed in the 15 counties which comprise the present Western judicial district by Marshall Leo E. Bennett today.  These deputies will serve until the sheriffs of the counties included have qualified for office after the statehood proclamation Saturday.

          In nearly every county the sheriffs elect and the man who will be deputies were commissioned a special deputy marshal.  Marshall Bennett says this was done so there can be no lapse in authority during the transition to statehood.  He will go out of office at midnight tomorrow and it may be two or three days until the sheriffs qualify.  Acting under the commissions as deputy marshals the sheriffs and their deputies would have authority to make arrested whether the sheriff have qualified or not.

          While the action is taken under the guise of bridging a lapse of authority it is currently believe that the action was taken for fear there will be trouble when statehood come next Saturday.

 For 25 years Indian Territory has been under a strict federal prohibition law which prevented liquor been brought in.  This law will be abated by the statehood proclamation, and there will be thousands of gallons of liquor shipped in next Saturday.  There is a certain element of citizens in the territory, chiefly the next Negro and Indian blood that is dangerous when they get liquor, and most of them will have it.  It is proposed that no opportunity shall be given such persons to initiate the new state with disgraceful crime.  There is a disposition on the part of a good many persons to believe that there will be practically no law during the change from the present organized state to statehood and they believe they can do as they pleased and that time and not be arrested.

Bennett, Leo. E. (MD.) was commissioned in the Western District of Arkansas.  He served as physician for the Ft. Smith, Arkansas jail. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Historical List)

BENNETT’S DEPUTIES

Most Territory Officer Will

February 1, 1906—Oklahoma State Capital—Muskogee, I. T.—The first day of February Marshal Leo E. Bennett will assume his duties under his new commission for another four years of service in the Western District.  On that day he will appoint all of his office deputies and lla his field men, about thirty in all.  He is making out these many changes, most of the old men holing over, Ernest Hubbard will be reappointed as chief deputy at a salary of $2,500 a year in the Muskogee office.  Deputies R. C. Feming, A. R. Cottle, Ernest Randal and E. H. Coulter will be retained in the Muskogee office.  “Bud” Ledbetter, the famous deputy, who has been in the service for years and who is now specially deputized to break up the liquor business in the district will hold over.  He probably has confiscated 1l000 barrels of liquor during the last two years. 

          F. M. Elzee, deputy in Eufaula, will be let out and W. H. Hanna of Hanna, I. T., will succeed him.  Elzee is the will be transferred from the Wewoka office to the field.  The marshal has not decided upon the other appointments.  Marshal Bennett has been in office here eight years and has made an enviable record in one of the most difficult positions that could be created for a marshal.

Bennett, James was commissioned in the Western District at Ft. Smith, Arkansas.  Deputy Marshal Bennett arrested Charles Smith for the murder of John Welch.  Welch witnessed Smith cutting the harness on a horse.  Charles Smith had killed before and killing Welch was no problem for him.  Robert Marshal who was both deputy marshal and Indian policeman was also killed when he tried to help in the arrest.  Smith was taken to the Ft. Smith jail where he was held until he stood trial for his killings. 

(The Advocate - October 19, 1894) (Indian Pioneer History - Clarence O. Warden) (Ft. Smith Federal Court Employee Database)

Bennett, Warren was commissioned in the Northern District, at Muskogee by Marshal Leo Bennett, in 1898, serving for seven years.  He also served as Chief of Police for the Osage Indian Nation.  He captured cattle rustler Rolla Kapp at his home, twenty-five miles from Pawhuska.  Deputy Marshal Bennett hobbled his horse some distance from the house then went to the front of the house.  He then lay down on the porch in front of the entrance door, there he pulled a blanket over himself going to sleep.  Bennett was awakened by the rustler Rolla who pointed a gun at him.  With lightning speed Bennett threw the blanket aside, shooting Rolla through the right wrist.  Rola Kapp surrendered to the deputy marshal who took him to trial in Pawhuska where he was sentenced to five years in the Leavenworth, Kansas penitentiary.  On August 1, 1901, Deputy Marshal Bennett was transferred to Lawton where he was placed over the marshal’s force in that area.  In January of 1902, Deputy Marshal Bennett went to the Guthrie jail to transport a prisoner named Drake to Pawhuska.  Drake’s testimony was needed to convict Bud Hackney, one of his cohorts in crime.  Drake gave his testimony but was still being retained in the Pawhuska House, a local hotel.  Hackney, Drake, and several other officers were in one of the hotel rooms when Bud Hackney crossed the room to get a drink.  Drake, seeing an opportunity to escape, positioned himself behind Hackney where he made a dash to the door. The minute Drake placed his hand on the door knob the officers were in pursuit of him.  Drake ran from the hotel around the building into the darkness where he hit a picket fence knocking it from the ground.  Immediately Drake retained his footing running down the street, making his escape.  In May of 1903, Marshal Bennett transported thirty convicts to the federal prison in Leavenworth, Kansas.  Deputy Marshal Bennett worked with Marshals Prichard and Darrows in January of 1905, when twenty-six guards took sixty-eight prisoners who had been captured in Indian Territory from South McAlester, Choctaw Nation to the federal penitentiary in Atlanta, Georgia.  The railroad company provided a special train to transport the prisoners.  In June of 1905, Deputy Marshal Bennett was working out of Muskogee, when he arrested Cherokee, William Work, who was charged with the killing of his brother-in-law, Charles Robertson, near Perum.  In August of 1898, Bennett rounded up several whiskey peddlers near Hominy Post where one of the bootleggers, Roy Knapp, resisted arrest.  Knapp fired at the deputy marshal but a quick response of three shots from the deputy marshal’s gun left Knapp dead.  Knapp had been selling liquor to the Osage and Cherokee Indians.  Warren Bennett died in his home at Pawhuska due to hemorrhaging of the lungs.   (The Osage Journal - May 23, July 4, 1901) (Indian Pioneer History - Charles F. Stuart) (Oklahombres) (Woodward Bulletin - May 15, 1903; January 13, June 30, 1905) (Marietta Monitor - August 26, 1898, August 25, 1905) (The Taloga Advocate - January 9, 1902) (U.S. Deputy Marshals, I. T. & O. T., 1893 - 1896)

RECALLS KILLING OF MARTIN BROTHERS

Death Of Warren Bennett, United States Deputy Marshal, Recalls Last Outlaw Fight

July 20 1905--Guthrie, Oklahoma--Warren Bennett, United States Deputy Marshal and chief of the Indian police of the Osage nation, who died at Pawhuska last week was the last Oklahoma official to engage in an open conflict with outlaws.  The killing of Bill and Sam of Martin August 8, 1903 and a in a secluded opening surrounded by a thickly wooded region in the Osage nation near Pawhuska, has been recorded by the officials who knew the circumstances as one of the bravest acts known among the United States officials of Oklahoma.  Bennett never talked of the battle, and while he was believed it was not known until after his death, whether he or his companion had killed the outlaws.

          Arthur Simns, a companion of the notorious Martin boys, escaped and for lack of other information, it was said that Simmons had shown up his companion to the United States officers to avoid capture and prosecution.  What really saved Simmons was the wounding of Wiley Haynes and Indian policeman who accompanied Bennett.  After killing the Martin brothers, Bennett gave up the pursuit of Simmons to care for the wounded officer.  This, it happened, saved the life of Haines.  Simmons is still at large.

          The Martin brothers had been wanted in five states for five years.  Starting on their career as chicken thieves in Kansas, they became desperate horse thieves changing their stopping places from Kansas to Colorado, Oklahoma, Texas and Indian territory in a looting the officers in this way.  In the year 1903 they became bloodthirsty and on March 3 murdered the rock Island station agent at Hennessy in cold blood.  They robbed the station house, but were pursued the next day in the stolen property recovered.  A few days later they murdered city Marshal Cross of Geary seemingly for the sole purpose of taking his star.  After shooting him the star and small pocket pistol or all they took from the body.  Both were taken from the bodies of the desperadoes after they had been killed.

A few weeks later occurred one of the bloodiest holdups the never took place in the history of the territory.  It happened one Sunday morning a few miles from Pawhuska and a lodge picnic.  The picnic took place in the woods, to which led a narrow lane.  Before the picnicker's began to arrive the Martin boys and Simmons took their places beside the lane.  When the first wagonload of persons arrived the outlaws drew their guns and made the occupants climb out.  Two kept them covered while a third inspected the horses.  The horses did not suit and they picnickers were commanded to drive all on.  In this way more than 100 persons were held up as they came to the picnic.  The outlaws finally found three horses that suited their fancy and rode away.

          United States officer gave the following as the version of the fight which followed the few days later as Bennett had told it to him in a few weeks before he died.

          After the picnic hold up a cowboy rode into Pawhuska one evening and informed to Bennett that the men who had robbed the picnickers were camped in an opening about 5 mi. from the town.  Bennett ordered his horse immediately and, with Wiley Haynes, started after the outlaws.  Hitching their horses about a mile from where the camp was supposed to be, they correct cautiously up to the glade.

          Sitting around their saddles, the Martin Brothers were shaving, one holding a mirror for the other.  50 yd. beyond Simmons was patrolling back and forth with a Winchester over his shoulders.  Bennett easily recognized the horses that had been stolen, as a man and a cattle country learns to do with ease.  They were at a distance of 400 yd. and were just planning a method of attack when Sam Martin jumped to his feet and shouted to Simmons:

          "That looks like a man over there!"

          Almost at the same instant Simmons's rifle cracked in a bullet whistled through the trees close by.  The battle was on in a fusillade of shots was kept up for half an hour.  The Martin scratch behind their saddles and Simmons fortified himself behind a clump of bushes.  The officers were fairly well protected.

          Bill Martin was the first to be struck.  A bullet penetrated the body and he lay over on his face, out of the battle.  Almost simultaneously a bullet from Simmons's rifle struck Haines in the shoulder and penetrated his body.  The soft nose to bullet made a frightful wound.  The firing ceased for a moment and then the two outlaws started for cover toward the other side of the opening.  Bennett stepped boldly out into the opening and his killing of Sam Martin is described as follows:

          "Martin was running directly from me and I aimed at where his tender's crossed his back.  Just as I aimed at he turned his head over his shoulder in the bullet struck him in the mouth.  He rolled over and over like a jackrabbit shot on the run."

          Sam Martin's neck was broken either by the fall or the force of the bullet.  Bennett then hurried back to Haines, whom he believed to be dying.  With a pocketknife he cut from his shoulder the copper jacket of the bullet, bound up his wound and took him on horseback to surgical aid.  The bodies of the last desperate outlaws were buried in the potters field and Guthrie on the night following.

          In their camp was found over 1000 rounds of ammunition, for Winchester rifles of the best pattern, and horses and saddles they had stolen a few days before.  Marshall Crosses star was penned on the inside of one of their coats.

          The death of Bennett and mention of the Martin boys brings to mind the chase of over 20 mi. United States Marshal W. D. Fossett and his deputy, Jim Baxter, gave the Martin boys during the same summer.  The two officers happened to be at Mulhall and a telephone report came that two men had stolen a horse and buggy at Perry and were driving westward.  They drove past Mulhall and the officers with difficulty confiscated a team and buggy followed the outlaws were in the lead, but the officers were soon within rifle shot and kept up a running, indeterminate fire during the whole distance to Sheridan.  Farmers joined in the chase and kept in the fight at times.

          Danny Perkins, a Farmer boy, who joined the pursuit, showed such remarkable courage he has been permitted to render services to the marshal’s office since that time.  Fossett and Baxter in the lad hen the lad, not more than 10 years old and slouch or lead rest, rode up and around them.  Marshall Fossett called to him of the danger, but he paid no attention.  The road until he was within less than a quarter of a mile of the outlaws.  Then he dismounted, dropped to his knee and began firing and true Western fashion.  The fire was returned, but the boy mounted, rode closer and began firing again.  This for some time and, after a lively scrimmage, the boy mounted, rode back past the officials, and shouted in a boyish voice that he tried to stretch into that of a man's.

          "It's a getting d—m hot up there."

          It was getting dusk and the horse thieves jumped from the buggy and ran into the woods.  The officers did not care to follow.  It was not learned until sometime afterward these men were the Martin boys, whom Bennett afterward killed.  Over $7,000 was offered for the heads of the Martin Brothers but Bennett and Haines got only in the $500 offered by the territory.

MARSHAL BENNETT DEAD

Once Broke Up a Famous Gang Known to Martin Brothers

July 21, 1905—The Daily Oklahoman—Guthrie, Oklahoma—Don Willits, chief deputy in the United States marshal’s office at Guthrie, received a letter yesterday morning from Pawhuska, which had been written late in the afternoon.  It was not until after he had read the letter that he learned that shortly after the letter had been written Bennett had died of hemorrhage of the lungs at his home at Pawhuska.  Bennett had come to Oklahoma from Emporia, Kansas, and his body will be taken there for burial.  The funeral will take place some time Saturday or Sunday.

          Aside from being deputy United States marshal he had for a long time been chief of the Indian police of the Osage nation. He had been deputy marshal since 1894.

          “No better officer ever lived,” is the verdict of all the officers of Oklahoma with whom he has been associated.

          Several years ago, he headed a band of officers who killed and broke up the Martin gang, one of the most dangerous organizations of outlaws that ever lived in Oklahoma.  They had their headquarters near Mulhall and were the last notorious criminals of Oklahoma.  Bennett himself shot one of the Martin brothers.

          Bennett was a thirty-two degree Mason. Many of his friends from Guthrie will attend the funeral.

Benson, John worked out of the Western Court of Ft. Smith, Arkansas several years before statehood.  Deputy Marshal Benson was interviewed when he told of some of his experiences as an officer.  Benson reported that it was common to haul twenty to thirty prisoners in a wagon to the federal jail in Ft. Smith, Arkansas.  Often the prisoners feet were tied together and their hands handcuffed to the wagon. 

(Indian Pioneer History - John Benson)

Bent, Ed was commissioned in the Western District at Ft. Smith, Arkansas. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Historical List)  Killed in the line of duty.

Bently, Creed was a deputy marshal appointed to the Western District of Arkansas by Marshal Jacob Yoes in 1889 and worked until 1890, working between Muldrow and Ft. Smith, Arkansas. 

(Indian Pioneer History - W. N. Palmer)

Bentz William T. was commissioned on July 31, 1871, serving in the Western District at Ft. Smith, Arkansas, under Marshal Logan S. Roots.  William lived in Crawford County, Arkansas. The obituary in the Arkansas Gazette shows a

Bentz that was a deputy marshal that died or was killed on March 6, 1872.

(Ft. Smith Federal Court Employee Database) (Arkansas Gazette - 1879) (Ft. Smith Oaths of Office) (Ft. Smith Historical List)

Benz, Albert was commissioned in the Western District at Ft. Smith, Arkansas. 

(Ft. Smith Federal Court Employee Database)

Berkey, Ben F. was commissioned in Oklahoma Territory in 1905, as a field inspector to oversee all school holdings where tree cutting was occurring.

 (Chronicles of Oklahoma - Volume 46, 1968)

Bernier, Henry was commissioned in the Western District at Ft. Smith, Arkansas.  He is picture in the 1908, U.S. Marshals reunion at Ft. Smith, Arkansas. 

(Ft. Smith Federal Court Employee Database) (Picture - The Western Peace Officer)

Berry, Cal W. was selected as field deputy in the Antlers court in March of 1901.  He was selected by Marshal Hackett of the Central District.  Henry Johns, an ex-Choctaw sheriff, went to Antlers, Choctaw Nation in October of 1904, reported he had killed a white man at his place, three miles north of Antlers.   Cal Berry left Antlers on October 18th, to investigate the case.  The white man was found near the spot where he fell with a bullet hole in his forehead.  Indications showed the man was still alive, but unconscious when he fell.  The man died sometime during the night.  Deputy Marshal Berry took the body to Antlers where identification of the body could not be made.   A grocery bill with the name of J. H. Lemand was found in his pocket.  The grocery bill was from a firm in Kiowa, Indian Territory.  The unknown man rode up to John’s home and called him outside to ask questions about cattle brands.  Johns gave the stranger a negative reply asking him who he was, and what his business was.  The stranger answered. “I have come after you.”  Then the stranger pulled his pistol.  Johns went into his home, got his shotgun, loaded it then came back outside.  Immediately the stranger fired at Johns.  Johns fired back in self defense with his bullet striking its mark, the stranger’s forehead.  John’s wife was the only person to witness the shooting.  The man that Johns killed was later identified as a half-witted cowboy from Stringtown named J. H. Hammond.  Johns was released from the murder charge with reason of self defense.  In April of 1904, Cal was appointed as field deputy at Antlers by Marshal George K. Pritchard of the Central District. 

(The Antlers Democrat - April 12, 1901) (Antlers News - October 21, 28, November 4, 1904; January 6, May 19, 1905) (The Choctaw News - June 2, 1904) (Indian Pioneer History - Aaron Duncan) 

Berry, Con was commissioned in the Western District at Ft. Smith, Arkansas where he served as Turnkey in the Ft. Smith jail under Jailer J.D. Berry. 

(Picture-Hell on the Border-Harman)

Berry, H. H. was commissioned in Oklahoma Territory from April through June of 1896, under Marshal Patrick Nagle.  (U.S. Deputy Marshals, I. T. & O. T., 1893 - 1896)

Berry, J. D. “Uncle Dick” was commissioned in the Western District of Arkansas, under Marshal George C. Crump.  Captain Berry was placed in charge of the Ft. Smith, Arkansas jail on November 1, 1894.  Berry said they had fewer problems with the jail prisoners after the Catholic priest started working with them.

(Black Red and Deadly) (Outlaws and Peace Officer of I. T.) (Picture- Hell on the Border - Harman) (Ft. Smith Federal Court Employee Database) (Ft. Smith Historical List)

Berry, J. H. was commissioned in the Eastern Judicial District of Texas at Paris, Texas, around 1887, assigned to the Choctaw Nation. 

(Indian Pioneer History  -  Nellie Hardin) (Indian Pioneer History - Wiley Scott) (Ft. Smith Federal Court Employee Database) (Ft. Smith Historical List)

Berry, S. W. was commissioned on May 29, 1893, in the Western District at Ft. Smith, Arkansas, serving under Marshal George J. Crump. 

(Ft. Smith Federal Employee Database) (Ft. Smith Oaths of Office) (Ft. Smith Historical List)

Berryhill, Dick was commissioned in the Northern District of Indian Territory in October of 1894. 

(U.S. Deputy Marshals, I. T. & O. T., 1893 - 1896) (National Archive, Washington, D.C. - Account # 8714)

Bethany, F. M. was commissioned on August 7, 1893, in the Western District at Ft. Smith, Arkansas, serving under Marshal George J. Crump.  Bethany lived in Yardell, Arkansas. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Oaths of Office) (Ft. Smith Historical List)

Bethell, George N. was commissioned on June 16, 1891, in the Western District at Ft. Smith, Arkansas, serving under Marshal Jacob Yoes. 

(Ft. Smith Oaths of Office) (Ft. Smith Federal Court Employee Database)

Bethel, J. F. was commissioned on July 26, 1872, in the Western District at Ft. Smith, Arkansas, serving under Marshal Logan S. Roots.

(Ft. Smith Federal Court Employee Database) (Ft. Smith Oaths of Office) (Ft. Smith Historical List)

Bethel, James M. was commissioned as deputy marshal on May 24, 1869, serving under Marshal William A. Britton in the District Court in Van Buren, Arkansas. James lived in Scott County, Arkansas. 

(Ft. Smith Federal Court Employee Database) (Ft. Smith Oaths of Office) (Ft. Smith Historical List)

Bethel, William was commissioned in the Northern District, serving under Marshal W. H. Darroughs. 

(File #10, Indian Library, Oklahoma Historical Library)