THE MARSHAL

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THE MARSHAL’S FORCE

THE MARSHALS AND THEIR DEPUTIES WH0 SERVED IN INDIAN & OKLAHOMA TERRITORY

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Robert E. King

This book was written in dedication to the many brave marshals and their deputy marshals who risked and gave their lives to protect the citizens of Indian Territory. One brave, honest and dedicated judge gave his all to serve his court only to be rejected by a justice system which opposed and shunned him, leaving him a broken man with a shattered spirit. Isaac Charles Parker is more commonly remembered as the “Hanging Judge” but should be known as the “Protector of the Indians”.

Forming Indian Territory

In the early 1820’s through the 1840’s most of the civilized Indian tribes began to rebel against the white man who was taking away their land. The white settlers were pushing westward, demanding more land as they entered into the territories which had been claimed by the Indian. The majority of the settlers came from countries where they lived in poverty without any opportunity to gain wealth. As the settlers purchased land their desire to have more grew even greater. A man’s wealth was normally measured by the size of his farm and the quality of the land. Land allotments were given to white men who fought for the United States government in wars such as the Revolutionary War or Indian battles. The United States government took lands that were used and owned by the Indians to provide the land for these allotments. The government could rationalize their action but it caused the Indian to grow more hostile toward the government and the white man. The civilized Indians such as the Chickasaw, Choctaw, Creek, Seminole, and Cherokee settled on small farms or large plantations where they were under tribal rule and lived by the laws of their government. Most of the Indian children were educated with many of them attending colleges in the east. The government allowed the white settlers to take advantage of the Indians. Most of the Indians had very little say in the United States government and the settlers became more vocal in making greater demands of the government to remove the Indians from their land. The United States government catered to the settlers’ demands for political reasons with most of the members of the government being large land owners that saw an opportunity to gain more land for themselves. To resolve the problem the government decided the best thing to do was to segregate the Indians by placing them on a parcel of land that the government held which was remote and unsettled. This land was first claimed by Spain when the Spanish soldiers crossed it in search of the Seven Cities Of Gold. About one hundred and fifty years later the French entered this land from the north, trading beads, knives and trinkets to the Indians for furs. France gave the land back to Spain in payment for aid received during the Seven Years War.

Spain governed the land for about forty years and returned it to France in 1800.In 1803 the United States purchased the land from France which was referred to as the Louisiana Purchase. The area of land now known as Oklahoma was owned by the United States government with the exception of the Panhandle which would later be called “No Man’s Land.” The only people living in the newly acquired land were Indians who were nomadic and warlike. Through time these Indians established boundaries which they protected even though they traveled through the land without staying for any length of time. Each time they passed through the area certain sites were used which provided shelter, water and look-out points for observation. Their direction and speed of travel was usually dictated by the buffalo that usually traveled the same route and rarely stopped at any place for any length of time. This animal provided everything the Indian needed, food, shelter, clothing and material for building tools. The north part of this land was inhabited by the Osage Indian. The land to the southwest was inhabited by the Kiowa, Wichita and Comanche.

The Cherokee was the first of the Five Civilized Tribes to be moved to Indian Territory. Great sorrow came to these people when they were told they had to leave their land and homes. The United States government forced them to move earlier from their farms in Georgia to western Arkansas. Many stayed despite the government’s action and were forced to live in persecution, causing the tribe to become divided. In 1828, the western Cherokee, those living in Arkansas, moved to Indian Territory. The eastern Cherokee, those still living in Georgia continued to resist moving until 1836, when the state of Georgia congress voted in a treaty that forced them to leave their lands. United States troops came to their homes and forced them at gun point to march to stockades that had been built for the purpose of holding them until they could be marched to their new lands in Indian Territory. Time was not given to any of them to procure any of their possessions or livestock which was quickly pillaged by the white man who burned their homes as they were driven from them. Sadly to say, the leaders nor the army troops did anything to stop this heinous act for they knew this would sadden the Indian’s heart allowing him see that everything was lost for him in this land. Life in the stockades was difficult due to being overcrowded and became intolerable when sickness broke out amongst the people causing many to die. Seeing how the condition of the people was dwindling the army leaders realized something had to be done soon or there would not be anybody left to make the journey into their new land. Knowing all of their earthly possessions were gone, their babies and old, dead the Indian leaders asked to be allowed to make the journey by themselves. Those in the tribe that were very young, old or to weak to walk were placed into wagons while the rest of the tribe walked forming a procession that prayed they would be given enough strength to make the long journey which started in October and lasted throughout the winter. Along the trail large numbers fell dying from the sickness they contacted inside of the stockades while others in their weakness died from the bitter cold. It was never proven, but many over the years felt the sickness or disease was caused from blankets given to the Indians by the government that were infected with the small pox virus. Whether this was done purposely or by accident the same blankets were used by the tribe until they reached their destination. The dead were laid in shallow depressions, washes or any indentions along the trail, scarcely covered and marked with stones or large rocks hoping they could be found if they ever returned. For those near death a choice had to be made to continue to haul them in the wagon or leave them to die in a secluded place. This journey would forever be remembered as the “Trail Of Tears”. The dust has covered the trail with time but the tears and cries from of the victims will never dry or be silent until time is no more and those responsible for their torture are judged.

The Choctaw were the first to be subjugated in giving up there lands in 1820, peacefully moving from Mississippi to Arkansas and the eastern edge of the land now known as southeastern Oklahoma. The white man caught up with them again in 1830 and the Choctaw seeing what happened to the Cherokee knew it was best not to resist the white man even though they did not want to relocate. The leadership of the Choctaws was stable, demanding their tribe to live by their laws and to be responsible to themselves and the tribe. This encouraging each person to be prosperous, giving most of the families a better mode of transportation such as traveling by steamboat up the Red River to carry their families, slaves and livestock.

Shortly after the removal of the Choctaws, the Creeks were removed from their homes in Georgia and Alabama, to Mississippi where they were allowed to remain until 1832, before being moved again to Indian Territory.

The Chickasaw, seeing what was happening to the other civilized tribes, realized their removal was inevitable so they decided to unite with their cousins, the Choctaws who gladly received them into their new land, giving them a district of their own. Payment for the acreage was taken from the money they received from the land that they gave up in Mississippi. Like the Choctaw their journey to their new home was made chiefly by steamboat which also hauled their possessions, slaves and livestock.

The Seminole, an off-shoot of the Creeks were a people that stayed to their own, not mingling with others and did not become involved in the affairs of others. Their concentration was in the southern part of Florida where most whites knew to stay clear, but within time their boundaries narrowed causing the white man to ask for their removal making charges they were a threat to their safety. In 1832, United States government officials invited a small party of Seminole chiefs to visit Indian Territory to try to entice them into relocating. Upon returning to Florida, the Seminole chiefs told their people how great the new promised land was, about the many rivers and creeks, of the abundance of wild game, especially the buffalo which would feed them and they would never see hunger again. The tribe became very angry with their leaders when they learned they had already signed a binding treaty that would have to be honored. The tribe vowed not to give up their land which forced the government soldiers to try to remove them. Unlike the Cherokees, the Seminoles were prepared to fight to their deaths being led by their head chief, a warrior named Osceola who was well trained in battle. Heavy losses were suffered by the government soldiers who did not expect such a large scale battle and the ferocity of the Seminoles caused many to withdraw and not want to engage them again. Normally the soldiers who had fought in previous wars or battles experienced they would be safe once they withdrew from their conflict and knew only to fight in large groups. This was not so with the Seminoles because they were trained to follow their enemy and fight them until they were dead. Smaller war parties were able to inflict numerous causalities without lose of any life. Many of the Seminoles withdrew into the glades where they were able to survive the surroundings, and go undetected by their enemy. Knowing they could never defeat the tribe with Osceola in charge the government exerted their effort in capturing him. Eventually he was captured and placed in prison where he was kept until his death. Over the period of several years, the order was to eliminate the remaining Seminoles either by killing them or captured them and transport them to Indian Territory. By 1842, their number being small, their relocation was completed. Unlike the rest of the Civilized Tribes they found it difficult to adjust to making a living on small farms instead they stayed together, living on a reservation expecting to be cared for. They were a people with broken spirits.

Women of the tribes inter-married with European men that settled near them in the eastern states. Many of the European men and their mixed blood sons became leaders of the tribes. The Europeans recognized the value of knowledge for their children so education was very important to the leaders of the civilized tribes who encouraged missionaries to start schools for the Indian children. When the Indians gave up their land treaties were made which required the government to appropriate a certain amount of money each year for education. Some of the tribes required that a certain percent of their children be allowed to attend the white universities for higher education in the eastern colleges. The United States government owed the tribes large sums of money for the land they had taken which was to be held in trusts and annual payments or annuities to be made to the tribes. The government also had the responsibility to provide protection for the tribes. An Indian agent was assigned to each tribe who served as a spokesmen and arbitrator for both the Indian tribes and the United States Government.

The civilized tribes soon learned that their nations were also occupied by other Indians that were not eager to share or give up their land. The nomadic tribes were not happy to see the land becoming occupied by the civilized tribes. The warlike Indians normally traveled the rivers and small streams when they hunted, living in temporary camps. The choice areas they once occupied now became sites for farms and homes. The farms of the civilized Indians were scattered and provided very little protection from the warlike Indians who traveled in larger groups. To avoid having their farms or homes burned or even worse, they gave up anything that was asked of them. Several forts such as Fort Washita were built which were occupied by government soldiers to provide protection for the civilized tribes.

As the Indians became more acquainted with their new land they found in most cases it was a better life than they had before. This life was simple, good, and sufficient with land that was fertile and produced good crops. Grass that stood as tall as the heads of their cattle or horses was in abundance, with what appeared an never ending supply. Numerous clear, unpolluted streams supplied good water and were plentiful with fish. Wild animals and birds provided additional food and furs which could be bartered to traders for money or goods. Even with time they became more acquainted with the Indians to the west such as the Comanche, Sioux and Cheyenne who learned to share their buffalo for some of their goods. But perhaps the most cherished thing was the absence of the white man.

The Five Civilized Tribes formed their own nations with distinct boundaries, each having their own government and laws. Their governments had an elected leader or chief and two houses much like our present senate and House of Representatives. The courts consisted of a Supreme Court, circuit and county or district courts. A judge was over each of the courts. The lower courts had a sheriff that used a mounted posse which was called light horsemen to uphold their laws. Their justice was swift and harsh, having no place in it for a prison, why should they have to house and feed prisoners who broke the law. Whenever a crime was committed the judge would issue a warrant of arrest to the sheriff or light horsemen who would serve it. The accused would be brought to a holding cell where he would normally be tried within three days. Family or friends of the prisoner would provide any food or water that they received. Lesser crimes such as drunkenness, fighting, robbery or disturbing the peace resulted in a public whipping where the convicted were tied to a tree and whipped with a green hickory switch which was three foot long and 1/4 inches in diameter. The sheriff and light-horsemen gave the whipping which was usually heavily attended by the public who were encouraged to attend with their children. Fifty lashes would be given for the first offense, one hundred lashes would be given for the second offense, and one hundred- fifty lashes for the third. Usually the whipping left not one drop of blood on the victims back but did leave a ridge of blood shot welts, four to six inches wide bearing evidence that the victim was well punished. The intensity of the whipping was often regulated by how well the victim received his punishment or the remorse he showed during the whipping. Once a person received the maximum amount of lashes, one hundred-fifty he was subject to be shot to death the next time he broke the law with a similar occurrence. A person caught stealing was required to return the stolen item back to the victim, plus compensate him with the value of the item taken. If the person had committed other robberies or similar offenses before, a whipping was also given, along with making compensation to his victim. A person found guilty of murder or rape was shot.

In 1861, at the beginning of the Civil War the Indian was again drawn into conflict with the white man. Division existed among and even within the tribes to decide which side they should give their allegiance to. All of the tribes had previously lived in the confederate states and most tribes continued the practice of holding slaves. All of the Five Civilized Tribes used a system to control and maintain their land which kept ownership of the land within the tribe but an amount would be granted depending on how the person had a need of. Robert M. Jones, a Choctaw was a good example of this system. He was a plantation owner who grew cotton on the bottom lands along the north side of the Red River which started with a single plantation and grew to five plantations, requiring five hundred Negro slaves to work it. When plantation owner Jones was told he would have to release all of his slaves he asked the United States government if they would reimburse him the money he had paid for his slaves. Not only did the United States government expected each Indian Nation to release their slaves they also expected them to accept them into the tribes giving each one equal head rights. The Indian Nations found the United States government still held authority over them, being able to pass laws they were opposed to and having no voice in their government. Their only voice was the Indian agent that was assigned to their tribe who had little to no authority in dealing with the government.

Within the Cherokee tribe the older and full-blood Cherokees supported the Union while the younger and mixed-bloods supported the Confederates causing an impossible situation. Both sides fell prey to the Union and Confederacy soldiers, other tribes, and even the members of their own tribes. Their homes and crops were burned, livestock taken, and large numbers killed.

Indian Territory was left in chaos, the agents were removed from the tribes, soldiers were taken from the forts leaving the civilized Indians once again vulnerable to the warring Indians. To make matters even more complicated all of their money allotments were ended. These were items pledged by the treaties when they relocated to Indian Territory. The broken promises caused the Indian to become very bitter with the United States Government compelling them to change their loyalty toward the side of the Confederacy. After the war the Five Civilized Tribes found themselves in a dilemma that was not repairable, time could never rebuild or replace what was lost in the war. The numerous causalities suffered, large death counts of men, women and children, division within the tribes that would not be healed in their lifetime, caused by members of the tribes when they blamed each other for what had happened. The United States government felt no responsibility, only anger toward the tribes for taking sides with the Confederacy. The Plains Indians, a warring type Indian were raising a lot of havoc with the settlers who had moved onto their land in the plains and western states. Seeing an opportunity to remove these Indians as they did with the Civilized Tribes the government took advantage of the situation and forced the Civilized Tribes to give up some of their land on the western half of Indian Territory to teach them a lesson for being loyal to the Confederacy.

After the Civil War, many Confederate and Union army deserters and other undesirable people came to Indian Territory knowing the law had very little authority over them. Many of these intruders found support among the Indians because of the bad feelings they held toward the government. Some of the Confederate soldiers remained in the territory knowing there was nothing for them to return to if they went back to their southern homes. Freedmen, the slaves that were under bondage of the Indians were now free to live as equals to their Indian brothers. Each tribe viewed receiving the black man and sharing their tribal rights with them differently. Most receptive were the Cherokee and Seminole who for many years before the Civil War allowed offspring of the slaves and their Cherokee masters to become members of their tribes. Later intermarriage with them became an accepted practice. The Creeks were split in their feelings toward receiving the Freedman as equal but with time became more like the Cherokees and fully accepted them. Strong rejection toward acceptance came from the majority of the Choctaw tribe who felt they were not their equals and should be banned from having any say within the tribe. Even stronger refusal to allow the Freedman to become members of their tribe was displayed by the Chickasaw tribe. For many years the laws of the tribe banned any tribal member to marry or have relations with any slave who would result in receiving several lashes and even disbarment from the tribe. The Chickasaw tribal leaders agreed to release their enslaved but told the government they would leave with nothing on their backs and would not be allowed to remain on their lands. Frowning on the attitudes of the Chickasaw and some of the Choctaw, the government tried to impose sanctions to force acceptance of the Freedmen. However, they soon learned that they could pass and make rules but they could not change the ways and hearts of the strong willed Chickasaws. Most of the released slaves who were not accepted banded together, moving to remote areas where they either lived as a community or formed small bands who robbed, raped or killed anyone who traveled through their area.

Railroads had already crossed most of the nation and their was a need to connect the states that surrounded Indian Territory. Up to this time the tribes refused the railroad companies to enter because they knew once they did the white man would have reason to enter their land and once again they could expect to be removed. The next time would be the last for they could expect to be eliminated like the Seminoles. Seeing an opportunity to procure the right-of-way needed to lay the railway for the railroads, the government under pressure from the railroad companies, businesses and passengers who were undergoing costly delays of bypassing the territory realized the time was right to negotiate. Still using pressure and dissatisfaction with the tribes for opposing them during them during the Civil War the government continued to violate the treaties and the fear of more reprisal caused the leaders to make an agreement in 1866 to allow the railroads. By 1872 the first tracks were laid by an influx of large numbers of men of all nationalities who were their for one reason to make money.

Before this time, cash money was limited and usually owned in small amounts but now this changed for the trains crossing the territory were transporting large payrolls, currency for banks, and even the passengers were more affluent, carrying large stashes of money, expensive watches and jewelry. Numerous gangs seeing an opportunity to make fast money moved into the territory where they found the trains to be easy prey with little or no protection. The primary source of law enforcement was the Indian police who had no jurisdiction over any white man that committed crimes not associated with their people or property. Usually the only enforcement was someone hired by the express companies responsible for the currency or one or two deputy marshals employed by the railroad company trying to protect their passengers. In either event they were usually outnumbered by the robbers and offered little resistance in the robbery.

During the early 1870’s there were very few towns of any size in Indian Territory. At this time Indian Territory was in disarray caused by the inflow of whites entering the territory. Gamblers, prostitutes, drifters, outlaws and whiskey runners were overrunning the area. Along the main trails numerous small stores were setup as post offices as well as to sell their goods and merchandise. As the northwestern part of the United States started to develop, cattle towns in Kansas served as market points for the Long Horn cattle passing through Indian Territory after coming from Texas. Other modes of transportation such as the stage coaches and freight wagons were introduced into the territory which required places for them to stop to pick up passengers or to rest. Many of these points added businesses until they became small towns. In the early 1890’s travel boomed across the territory, cattle market towns sprang up in Indian Territory providing hotels, saloons and general stores to meet the demand of the Indian citizens and outsiders that were visiting or intruding in Indian Territory.

The White Man’s Law Enforcement

Very few white men were allowed to enter into Indian Territory and those that did were classified as trespassers or intruders. Indian agents assigned to particular tribes and a few known traders could travel only in the nations that accepted them. All other whites were normally asked to leave the nations, if they refused or committed any crimes within the nations, the Indian police notified the federal court at Van Buren, Arkansas. The federal judge over the Van Buren court made a warrant for their arrest which was served by a deputy marshal from the federal court, who would take the accused back to Van Buren where they were placed in jail to await trial.

On June 15, 1836, the territory of Arkansas was admitted to the union, having one federal judicial court until March 3, 1851, when it was divided into the Eastern and Western Districts. Federal Judge, Daniel Ringo was in charge of the Western District which had jurisdiction over Indian Territory. Within a short time, in 1853, problems started to occur between the law systems of the Indian Nations and the Van Buren Western District Court. The deputy marshals working from Van Buren found it difficult to make any money when they traveled the long distance to Indian Territory and only make one arrest since they were paid for each prisoner plus mileage. The only way their trip could be profitable was to arrest as many violators as they could which usually ended up with numerous arrests of Indians which were usually liquor violations. The conflict came when the Indian law enforcement, the lighthorsemen came against the deputy marshals when they were transporting the prisoners to the Van Buren jail. In March of 1854, congress legislated a law preventing United States laws from extending to offenses committed by Indians in their Nations, thereby not allowing the deputy marshals to arrest Indian citizens.

In 1856, a white man named Thomas Beard was living unlawfully in the Cherokee Nation and had a white friend come to visit him. The two entered into a difference which ended in an altercation leaving the visitor dead and Beard being the first white man to be hung on the Van Buren gallows.

Crimes committed by whites were rapidly increasing, amounting to more than one hundred killings in 1871. Bootleggers from the states bordering Indian Territory became very active, bringing liquor into the territory. Later they found they could dodge the marshals better by living in Indian Territory and enlisting the Indians to sell the alcohol. Numerous Indians and whites became involved in cutting timber as the demand for lumber increased when more people entered the territory and stores started to flourish. This activity had long been declared illegal by the Indian Nations. The Indian Nations demanded that the United States government do something to control the increased crime, for their law enforcement did not have any jurisdiction over the whites.

On March 3, 1871, the federal court was moved from Van Buren, Arkansas to Ft. Smith, Arkansas under Federal Judge Henry J. Caldwell. During Judge Caldwell’s term one man was sent to the gallows. John Childers, a mixed -blood Cherokee, charged with murder. In Late 1872, William Story was appointed by President Grant to succeed Judge Henry Caldwell. Judge Story’s fourteen month term was tainted with corruption. Trials and convictions were very few with no action being taken to avenge any of the one hundred murders that had been committed in Indian Territory in one year. Judge Story knew his removal was evident so he resigned in June of 1874, to keep from being impeached.

The U.S. Congress knew that something had to be done and done fast for the territory was definitely out of control with conditions becoming worse. Federal Judge Isaac Charles Parker replaced Judge Caldwell in May of 1875. The President and congress appointed Judge Parker promising complete jurisdiction over Indian Territory. Isaac Charles Parker’s qualifications were being a city attorney in St. Joseph, Missouri, presidential elector of Abraham Lincoln, District Judge in Missouri and a two year representative to congress. Judge Parker had more power than any single judge in the nation. No court in the land, not even the Supreme Court, could overturn any of his rulings. The President of the United States was the only person that could pardon one of his decisions. The Judge was 36 years old, stood 6’ tall and weighed around 200 pounds, a handsome man who donned a mustache and goatee. The judge was known as a very stern Methodist who was just and did not tolerate evil. He felt the way to control evil was with punishment. The Judge’s presence displayed a charisma of authority. Judge Parker wanted the job as much as it needed him. He took the job for $3,500 a year pay. President Grant and the congress hired Parker in May of 1875. In the judge’s court he had complete control, not allowing any disrespect of the law. If an attorney started to argue with him the judge only had to point his finger at him, the attorney knew he had said enough.

The town of Ft. Smith was almost as bad as Indian Territory. Many transients and drifters hoping to make their way west stopped in Ft. Smith when they ran out of money. The population was around 255 with 30 saloons, not a very good place to live. Ft. Smith was an old military fort that had been built in 1817. The federal court building had been the old soldiers’ barracks which had been renovated. The court room was on the first floor with the basement being made into jail cells. The jail area reeked of the odor from the prisoners that were retained there.

Prisoners brought before the judge who were charged with violent crimes such as murder, and rape knew their fate would be death by hanging. However, a large number of prisoners charged with lesser crimes such as selling whisky, cutting timber, stealing horses or cattle were tried and sentenced to jail. The Judge’s convictions were quick and the punishment was harsh. The court system changed very quickly in Ft. Smith, and word traveled like wild fire how Judge Parker ran his court. Judge Parker became known as “The Hanging Judge” due to the number of hangings that occurred. He sentenced one hundred-sixty men to the gallows in which seventy nine were hung. Members of the press for many national newspapers would gather at Ft. Smith to cover the hangings. Newspapers in the Indian Territory such as the Caddo Starr reported the actions in Judge Parker’s court. The people of the nation were intrigued by the stories coming out of Indian Territory. Outlaws and gunmen in the territory were becoming heroes instead of villains. Any time a train was robbed credit was quickly given to the Dalton Brothers, Doolin Gang, Cook Gang or Belle Starr’s renegades. The press knew that many of these outlaws were working or seeking refuge in Indian Territory. Many reporters stationed themselves in Ft. Smith knowing sooner or later the outlaws would end up in Judge Parker’s court or their bodies brought in for burial which would be claimed by their relatives.

Pictures of the outlaws, especially those showing bullet riddled bodies, were in great demand to the avid newspaper reader.

The prime point of interest which overshadowed all of the court was the hanging gallows. The beams were constructed of twelve inch oak timber with a trap door that ran the full length of the crossbeams and posts. The gallows was constructed to handle twelve executions at one time. A Bavarian immigrant known as the “Prince of the Hangmen” was personally selected by Judge Parker to perform every execution. This man was Charles Maldon, the executioner. Maldon was a slender bearded man who rarely bore any expression. His attire was always a black suit with white shirt and tie. On each hip hung a six-shooter with the gun butt facing forward as worn by most gunfighters. Maldon took pride in every hanging he performed, with every action he took being precise. His nooses were like a work of art, every one being personally hand woven, well oiled and made from the best Kentucky hemp trim. Maldon once remarked, “I never hanged a man who came back to have the job done again.” Maldon was asked if the ghost of his victims haunted him and he cheerfully replied; “No, because I reckon I hanged them too.” Sixty men fell to their deaths on the gallows under the hand of Charles Maldon.

The first executions assigned by Judge Parker were in September of 1875 when six murders were sent to the gallows. Wagon loads of settlers, men women and their children traveled forty to fifty miles to be spectators to the event. Most of them traveled a day earlier to make sure they were present for the 9:30 A. M. execution. The best vantage points were taken by newspaper reporters who had journeyed from as far as St. Louis, Kansas City and even the Eastern Seaboard. At 9:30 A.M. “The Prince Of The Hangmen”, Charles Maldon was at his post. A dozen armed guards followed behind the six condemned prisoners. Following behind the guards were four local ministers. The death sentence was read to the prisoners who were then allowed to speak their last words. The four ministers gave prayers for each prisoner. The guards placed a sack-like hood over each prisoner’s head to blindfold him, and then the six men were led into position over the trapdoor. The hangman, Charles Maldon, placed the rope noose around each prisoner’s neck, positioning the noose to break the victims’ neck when they fell as the trapdoor opened. Maldon never had one man die of strangulation; their end came quickly as their neck snapped. The noise of the trap door could be heard as it opened, allowing all six prisoners to fall simultaneously. A gasp was heard, and then a silence fell over the crowd as they realized that justice had been carried out. The lifeless forms of the six men hung limp. Word quickly spread about the execution as the people returned to their communities and the newspapers reported the event.

Judge Parker had complete control of the court with a presidential appointed marshal who had authority over two hundred deputy marshals. Sixty-five of Judge Parker’s deputy marshals were killed in the line-of-duty. Judge Parker’s concern and friendship to the Indian caused his governmental colleagues to dub him as “Indians Best Friend.” The Indian Nations and their newspapers welcomed Judge Parker when he first came into control over the white lawbreakers in their territories. The deputy marshals were welcomed when outlaws, looters and rapists eluded the Indian policemen who had no jurisdiction over them. However, time reduced the acceptance of the deputy marshals when some of the citizens of the Indian Nations were marched into Judge Parker’s

Court. The Indian citizens were normally exempt from the federal court but there were circumstances, which allowed them to be tried in the White Man’s system.

Judge Parker hated gun fighters but knew it took a gun fighter to capture a gunfighter. Whenever an outlaw became ruthless the Judge would issue an order to bring him in dead or alive. The Judge had exerted more influence over Indian Territory than any one man. During his 21-year reign he docketed more than 143,000 cases and imposed sentences on some 9,000 offenders. He sentenced 160 men to the gallows and hanged 79. Judge Parker gave up a part of his life for his work as Territorial Judge through complete dedication. When he started this task he knew the only way for it to work was to have complete control. The outlaws and lawbreakers reward for their wrongful deeds would be severe punishment for they had to fear the law. When Judge Parker was asked what it took to control crime his response was that it was not the severity of the punishment that controlled crime but the certainty of it. The judge frowned on anyone who lied while testifying under oath. Whether this person be witness, victim, perpetrator, lawyer or lawman he could be certain that he would be incarcerated if caught. The United States President and the congress gave him complete charge in the beginning, which made the system work, but as presidents and the congress changed the promises made to Judge Parker were forgotten. The Supreme Court also felt a loss of their power and demanded that Parker’s court be placed under them. Presidents granted complete pardons and commuted sentences that the Judge had given. The supreme courts were given power over Judge Parker’s federal court. Defense attorneys hungering for fame and wealth saw an opportunity to fulfill their wants by defending famed outlaws or wealthy lawbreakers. Power and wealth persuaded many of the persons in politics to release known murders and lawbreakers. It was very difficult for the marshals and deputy marshals who dedicated and sacrificed their lives to bring in criminals just to see them released on a technicality.

In 1887 the Chickasaw Nation and the greater part of the Choctaw Nation as far north as the Canadian River were placed under the jurisdiction of the Eastern Judicial District of Texas, with the court seat at Paris, Texas.

The greatest change to Indian Territory since the end of the Civil War came on April 22, 1889 when a part of Indian Territory was given to thousands of white settlers. In the heart of Indian Territory over two million acres of land was placed in a land rush. The land that was forever promised to the Indian would soon become Oklahoma Territory. The land rush was a contest where thousands of whites of all professions were lined up, then at the sound of a gun all the participants rushed through the country side trying to be the first to drive a stake, which entitled them to file a claim on a certain tract of land. Each tract consisted of one hundred-sixty acres in a rural area or a lot of land in a townsite. The land rush turned out to be one of the most unfair events that ever occurred. The most dishonest benefited to the utmost while the fair or honest came up on the short end of the stick. Records indicate that even the law enforcement was corrupted. After the rush many protests and charges were made against the deputy marshals that were posted to enforce the peace. The deputy marshals had an unfair advantage because they had already observed the best land and when the signal was given to start the land rush they were already in position to drive their stake. The claims reported to the Register of Deeds Office would verify the protests made against some of the deputy marshals were valid. The claim records also showed that favors were given to relatives of the personnel in charge of the land rush. When law enforcement was needed to settle the land squabbles they were not available for they were to busy filing their own claims. This writing contains the names of men that were commissioned as deputy marshals in the land rush. Many of these men were not deserving of their title because their main object in taking the commission was to claim the land by using their authority as an unfair advantage. Their corruption gave a bad image to other deputy marshals that sacrificed their lives to preserve the peace. Records give evidence that the marshals were more to blame for this problem than the deputy marshals that took part in it. Towns sprung up over night, tents were set up as temporary shelter later giving way to permanent structures when building materials and workers became available. After the land rush Indian Territory found itself a smaller area completely surrounded by the White Man. The Indian Nations that had an abundance of land, which would be enough for their people for all times, was no more. The newly formed Oklahoma Territory became a melting pot for all races, religions and classes of people. People gathered to this area as fast as those that went to the gold rush areas in California or Alaska. Indian Territory felt the effects of the sudden growth. Many whites entered into Indian Territory with a large number of them being undesirables or running from the law. The Indians worst enemy, liquor became more available, causing crime to flourish, poverty to spread and loss of their self-respect. Outlaw bands such as the Daltons and Doolins used Indian Territory as a place to rest and hideout between robberies.

On March 1, 1889, two new federal courts were formed to have jurisdiction over Indian Territory, one in Muskogee and the other in Paris, Texas. The court in Paris, Texas was the fourth Division of the Eastern District of Texas. This court had jurisdiction over the southern part of the Choctaw Nation, the Chickasaw Nation, the Neutral Strip (No Man’s Land) and that portion of Indian Territory, which was formerly attached to the Northern District of Texas. The Western District of Arkansas retained jurisdiction over the Cherokee, Seminole, Creek

and the northern portion of the Choctaw Nations. The District of Kansas retained jurisdiction over the Cherokee Outlet, the Oklahoma District. James M. Shackelford was the first judge over the Muskogee court. On May 2, of 1890, Indian Territory was divided into three districts. The first covered the Creek and Cherokee nations with the court in Muskogee. The second covered Choctaw country and was located in South McAlester and Ardmore became the third district covering the Seminole and Chickasaw country. Judge Schackelford was to hold at least two court terms annually at each court location. The Western District of Arkansas and Eastern District of Texas would maintain jurisdiction as in the past. Charles B. Stuart replaced Judge Shackelford in 1893. On September 1, 1896, Muskogee became headquarters for the Northern District of Indian Territory, which was comprised of the Creek, Seminole, Cherokee Nations and the Quapaw Agency. Vinita, Miami and Tahlequah were the court towns. South McAlester became the headquarters of the Central District with jurisdiction over the Choctaw Nation. The court towns of the Central District were Atoka, Antlers and Cameron. The Southern District had its headquarters at Ardmore with jurisdiction over the Chickasaw Nation. The court towns of the Southern District were Chickasha, Purcell and Ryan. Each court had a judge, marshal and could appoint up to four deputy marshals unless the district judge felt more deputy marshals were needed.

For the first time the deputy marshals would receive a salary instead of being paid a fee for each prisoner brought in. On May 28, 1896, the deputy marshals became classified as office deputies or field deputies. The Office deputies were salaried and a full time member of the staff not necessarily engaged in clerical work. The field deputy was a part time officer who was paid by fee instead of salary.

Liquor, the most evil substance ever given to the Indian, was not acceptable in any form in the beginning of Indian Territory. The laws of the Indian forbid making, selling or using it in any part of the Indian Nations. The white man living around or making contact with the Indian came to realize its affect on the Indian. A very small amount caused them to act in irresponsible ways, which allowed the white man to take advantage of them. A small amount of whiskey would procure more furs or trinkets than gold. The drink made young girls go against their morals to give up their virtue to the white man or their own. Once the Indian tasted the drink he would be forever tempted to use it. Judge Parker recognizing the danger of the alcohol, seeing it’s ruination to the Indian Nations tried to eliminate it by strict sentencing to any white man violating the liquor laws. The evil force from the liquor won out for many influential Indians and their leaders overlooked its ruination to their people so they could indulge in it themselves. The nations bent their laws until the drink was acceptable in some form or

amount anywhere in the Indian Territory. The missionaries found a people that were receptive to the spiritual spirit being free from the outside influences, agonized to see the lives of these people change when the evil outside forces consumed them. Judge Parker shared the same grief for he came to realize that most of what he had done would soon be undone.

The land rush of 1889 also caused a great change in the attitude of the judge. Perhaps he could foresee the effect it would have on the Indian Nations. A land that was to be the Indians forever was now again being given back to land hungry whites. After the land rush on April 22, 1889 more than 50,000 whites poured into the land that was once a part of Indian Territory. In 1890 all of Indian Territory with the exception of the lands owned by the Five Civilized Tribes became Oklahoma Territory.

On March 1, 1895, Congress began removing Judge Parker’s famed court, which ended in September of 1896, when congress stripped the Judge of his authority. The elimination of the judge’s power actually started in 1883, when the western half of Indian Territory was transferred from Judge Parker’s jurisdiction, then divided between the federal courts in Wichita, Kansas and Paris, Texas. Congress excused their actions asserting the distance of travel was too far for witnesses when they testified against the prisoners in the Ft. Smith court. In 1889, the judge found more difficulty in carrying out sentences on the convictions that he had made due to numerous pardons and commutations made by the congress, as well as the president. The fairness of Judge Parker’s court was removed when murders and rapists were released, given light sentences or freed on technicalities with no punishment at all. The judge’s main principle, “The certainty of punishment for breaking the law,” was gone. Defense lawyers entered into the judge’s famed court looking not only for the money, prestige, and fame they received for releasing known violent offenders but to personally attack the judge. Each case the lawyers won, the more intense their attack became on the judge. The lawyers and influential men of the Indian Territory used their clout to influence the politicians to help them release, pardon, or lighten the sentence of the offenders. Newspapers from the surrounding states and Indian Territory rallied around these perpetrators to give them the eminence they hungered for.

The judge watched over the years a national government that failed to carry out the promises of the treaties given to the Indians. The government was fast to chastise the Indians when the Indians broke the treaties but failed to make amends when they did not uphold their part of the treaty. The Indian Nations were promised the power to make their own laws to govern their people but continually found themselves in situations where the United States Government forced them to abide by the white man’s laws.

All of the promises made by the president, congress and higher courts had been forgotten. Changes in governmental positions, the jealousy of the power that Parker’s court held and decline in the crime rate were major causes of Judge Parker’s removal. Two and one-half months later the Judge would die. Some that knew him well would say his death was due to depression caused by the action of the government. His reward for a well-performed job was total rejection. He was fifty-seven years of age when he died but appeared to be in his seventies, he had given his all.

The earlier deputy marshals that worked out of the Western District of Arkansas under Judge Parker worked in a massive manhunt with usually four or five deputies taking part. Normally two deputy marshals used two or three deputies which one served as cook and guard. The group of lawmen would travel from

Ft. Smith, Arkansas by horse and wagon using the early military roads that were laid out through the forest and over the mountains to the southern settlements of Indian Territory. Two of these military roads existed: one extended up the Poteau River Valley, then south over the Winding Stair Mountains into the Kiamichi Valley where it climbed over the Kiamichi Mountains crest before it fell into an intermountain valley bearing to the southwest. Further down the road it went eastward toward Fort Towson. The other road wound through the passes of the San Bois Mountains into the Fourche Maline Valley where it climbed over the Winding Stair range into the valley at Buffalo mountain then followed the creek to the vicinity of modern Clayton where it followed the Kiamichi River to the vicinity of modern Hugo, from where it turned eastward to Ft. Towson.

UNITED STATES MARSHALS AND THEIR COURTS

The United States marshals were appointed by the President of the United States, serving a four-year term. The marshal worked directly under the federal court judge having charge of the deputy marshals working from that court. The marshals normal duties pertained to directing the deputy marshals and not actually placing themselves in the field to direct or make arrests. Deputy marshals called chief deputies were placed over large areas to direct the deputy marshals activities in the field. Research of methods used in making arrest normally show a similarity in the arrest pattern which reveals that a standard training possibly was developed and given by the marshals. Traveling to the enemies’ location, surrounding the dwelling or hideout, then attacking at first light was the plan of arrest for both the military and marshal’s forces.

DISTRICT COURT IN VAN BUREN, ARKANSAS

The first federal court to have jurisdiction in Indian Territory was the District court in Van Buren, Arkansas. When Indian Territory started in the early 1820’s very few white men were allowed within the Indian Nation resulting in very few crimes that fell under the jurisdiction of the white man’s court system. Congress passed a law in 1834, giving the Arkansas federal courts jurisdiction over the white man’s crimes in Indian Territory and crimes committed by Indians against the white man. Following is a listing of the marshals that served in the Van Buren court:

George Knox was the first appointed marshal over the District Court at Van Buren, Arkansas being appointed on March 12, 1851, to June 16, 1853. (Index from National Archives - U.S. Marshals)

Samuel M. Hays was appointed marshal over the District Court at Van Buren, Arkansas, serving from June 16, 1853 to March 14, 1854. He was appointed again on March 14, 1854 and served until May 10, 1858. (Index from National Archives - U.S. Marshals)

Benjamin J. Jacoway was appointed marshal over the District court at Van Buren, Arkansas, serving from March 19, 1857 to May 10, 1858. Marshal Jacoway was removed from office. (Index from National Archives - U.S. Marshals)

James M. Brown was appointed marshal over the District Court at Van Buren, Arkansas, serving from May 10, 1858 to January 24, 1861. (Index from National Archives - U.S. Marshals)

Samuel Hays was appointed marshal over the District Court at Van Buren, Arkansas, serving from January 24, 1861 to March 3, 1865. (Index from National Archives - U.S. Marshals)

Luther C. White was appointed marshal over the District Court at Van Buren, Arkansas, serving from March 3, 1865 to August 19, 1868. Marshal White was temporarily removed. (Index from National Archives - U.S. Marshals)

Joseph S.C. Rowland was appointed marshal over the District Court at Van Buren, Arkansas, serving from August 19, 1868 to April 16, 1869. (Index from National Archives - U.S. Marshals)

William A. Britton was appointed marshal over the District Court at Van Buren, Arkansas, serving from April 16, 1869 to March 31, 1871. (Index from National Archives - U.S. Marshals)

WESTERN DISTRICT COURT OF FT. SMITH, ARKANSAS

The Western District Court of Ft. Smith, Arkansas was formed in May of 1871. The court was under the charge of Judge, Henry J. Caldwell where he served until 1872 being replaced by William Story. Jurisdiction boundaries of the court included all lands in Indian Territory. The Influx of large numbers of White’s and Negro’s which were not under the Indian Nations jurisdiction caused partially but

not wholly by the Civil War required that the District Court in Van Buren be relocated closer to the Indian Territory border at Ft. Smith, Arkansas.

Logan S. Roots was appointed as the first marshal to the Western District Court at Ft. Smith, Arkansas, serving from May 2, 1871 to March 18, 1873. (Index from National Archives)

John N. Sarber was appointed marshal to the Western District Court at Ft. Smith, Arkansas, serving from March 18, 1873 to February 10, 1875. Marshal Sarber played a part in John Childers execution. Marshal Sarber resigned from office. (Index from National Archives)

James S. Fagan was appointed marshal to the Western District Court at Ft. Smith, Arkansas, serving from February 10, 1875 to July 10, 1876. (Index from National Archives)

D.P. Upham was appointed marshal to the Western District Court at Ft. Smith, Arkansas, serving from July 10, 1876 to June 15, 1880. (Index from National Archives)

Valentine Dell was appointed marshal to the Western District Court at Ft. Smith, Arkansas, serving from June 15, 1880 to February 20, 1882. (Index from National Archives)

Thomas Boles was appointed marshal of the Western District Court at Ft. Smith, Arkansas, serving from February 20, 1882 to October 24, 1885. Marshal Boles was suspended before serving out his complete term. (Index from National Archives)

John Carroll, was appointed marshal of the Western District Court at Ft. Smith, Arkansas, serving from October 24, 1885 to May 21, 1886. (Index from National Archives)

Jacob Yoes, was appointed marshal of the Western District Court at Ft. Smith, Arkansas, serving from May 21, 1886 to May 17, 1889. Marshal Yoes was again appointed on Jan 27, 1890, serving until April 15, 1893 when he resigned. (Index from National Archives)

George J. Crump was appointed marshal of the Western District Court at Ft. Smith, Arkansas, serving from April 15, 1893 to June 1, 1897. (Index from National Archives)

Solomon F. Stahl was appointed marshal of the Western District Court at Ft. Smith, Arkansas, serving from June 1, 1897 to June 13, 1901, then to March 5, 1902. (Index from National Archives)

John Frank Mayes was appointed marshal of the Western District Court at Ft. Smith, Arkansas, serving from March 6, 1906 to May 4, 1910. (Index of U. S. Marshals)

DISTRICT COURT OF KANSAS - WICHITA, KANSAS

The District Court of Wichita, Kansas having jurisdiction over the entire state of Kansas was also given jurisdiction over the northern border of Indian Territory in 1883. The Kansas marshals and their forces tried to stay within the Kansas boundary but the outlaws from Indian Territory as well as the bad men from Kansas used the boundary line as protection, making it necessary for the Kansas officers to have authority in Indian Territory.

Thomas A. Osborn was appointed marshal over Kansas, serving from 1864 to March 7, 1867.

Charles C. Whiting was appointed as marshal over Kansas, serving from March 7, 1867 to March 22, 1873. (Index from National Archives)

William S. Tough was appointed as marshal over Kansas, serving from March 22, 1873 to March 27, 1876. Marshal Tough resigned from office before his term was completed. (Index from National Archives)

Charles Miller was appointed as marshal over Kansas, serving from March 27, 1876 to March 18, 1878. Marshal Miller was removed from office. (Index from National Archives)

Benjamin F. Simpson was appointed as marshal over Kansas, serving from March 18, 1878 to April 18, 1882. He was appointed to a second term, which ended on August 5, 1885 when he was removed from office. (Index from National Archives)

William C. Jones was appointed as marshal over Kansas and northern Indian Territory, serving from August 5, 1885 to March 12, 1886. He was appointed to serve a second term, which ended on May 17, 1889 when he was removed from office. (Index from National Archives)

Richard L. Walker was appointed as marshal over Kansas and northern Indian Territory, serving from May 17, 1889 to January 20, 1890. He served another term until January 12, 1894 when he resigned from office before his term was completed. (Index from National Archives)

Shaw F. Neeley was appointed as marshal over Kansas and northern Indian Territory, serving from January 12, 1894 to January 10, 1898. (Index from National Archives)

William Edgar Sterne was appointed as marshal over Kansas and northern Indian Territory, serving from January 10, 1898 to January 28, 1902. (Index from National Archives)

Littleton S. Crum was appointed as marshal over Kansas and northern Indian Territory, serving from January 28, 1902 to August 4, 1902. Marshal Crum deceased while serving. (Index from National Archives)

William H. Mackey was appointed as marshal over Kansas and northern Indian Territory, serving from August 4, 1902 until December 9, 1902. (Index from National Archives)

EASTERN JUDICIAL DISTRICT OF TEXAS - PARIS, TEXAS

In 1887, the court of the Eastern Judicial District of Texas was given jurisdiction over a portion of Indian Territory, comprised of the Chickasaw Nation and the greater part of the Choctaw Nation, as far north as the Canadian River.

Thomas B. Needles was appointed first marshal of the Eastern Judicial District Court at Paris, Texas, serving from 1887. This court was changed to the Southern District Court on March 1, 1889. (Heck Thomas)

SOUTHERN DISTRICT COURT OF INDIAN TERRITORY - PARIS, TEXAS

On March 1, 1889, the Southern District Court of Indian Territory, which came from the existing Fourth Division of the Eastern District of Texas and the Muskogee Court, were formed. The jurisdiction of the Southern District Court was over the southern part of the Choctaw Nation, the Chickasaw Nation and the neutral strip in the northwestern part of Indian Territory called, “No Man’s Land.

It also included that portion of Indian Territory normally attached to the Northern District of Texas.

J. J. Dickerson was appointed marshal over the Southern District Paris, Texas, serving from July 20, 1889 to February 6, 1890. Marshal J. J. Dickerson resigned during his term of office. (Index from National Archives)

J. Shelby “Sheb” Williams was appointed marshal over the Southern District Paris, Texas, serving from February 6, 1890 to March 1, 1898. Marshal Williams served several terms. (Index from National Archives)

John Grant was appointed marshal over the Southern District Paris, Texas, serving from March 1, 1898 to January 21, 1902. Marshal John Grant was removed from office. (Index from National Archives)

Andrew J. Houston was appointed marshal over the Southern District Paris, Texas, serving from May 26, 1902 to May 23, 1906. (Index from National Archives)

SOUTHERN DISTRICT INDIAN TERRITORY - ARDMORE DISTRICT COURT

On May 2, 1890, the District Court in Ardmore (third division) had jurisdiction over the Seminole Nation and the Chickasaw Nation. This court used the towns of Chickasaw, Ryan, Pauls Valley, Purcell and Ardmore to hold court starting in 1895.

Lucius L. Stowe was the first appointed marshal of the Southern District Court of Indian Territory, serving from March 20, 1895 to August 13, 1895. Marshal Stowe died in office. (Index from National Archives)

Charles L. Stowe was appointed marshal of the Southern District Court of Indian Territory, serving from August 13, 1895 to December 12, 1895. Marshal Charles

Stowe replaced Lucius L. Stowe, completing his term of office. (Index from National Archives)

John S. Hammer was appointed marshal of the Southern District Indian Territory, Ardmore, serving from December 12, 1895 to January 10, 1898. (Index from National Archives)

Benjamin H. Colbert was appointed marshal of the Southern District Indian Territory Ardmore, serving from January 21, 1902, to February 6, 1906. (Index from National Archives)

Grosvenor A. Porter of the Southern District court at Ardmore, Chickasaw Nation, succeeded Ben Colbert on Feb. 6, 1906 and was the last marshal of the Southern District. (Index from National Archives)

INDIAN TERRITORY - MUSKOGEE

In 1889, Congress passed an act making the first federal court in Indian Territory. The court and jail were placed at Muskogee, Creek Nation, covering the area of the Creek and Cherokee Nations. The location of this court extremely helped the witnesses and officers cutting their travel and waiting time for the court to try their cases.

Thomas D. Needles was appointed first marshal of the Muskogee District Court, serving from March 26, 1889, to April 6, 1893, at Muskogee, Creek Nation. (Index from National Archive)

James J. McAlester was appointed marshal over the Muskogee District Court on April 6, 1893 replacing Marshal Needles. (Index from National Archives)

OKLAHOMA TERRITORY - GUTHRIE OKLAHOMA

After the land rush of 1889, The Oklahoma Territory court was established at the State Capitol, Guthrie, Oklahoma. This court had jurisdiction over all Oklahoma Territory.

Warren S. Lurty was the first appointed marshal over Oklahoma Territory, serving from May 14, 1890, to August 22, 1890. Marshal Lurty previously had been a deputy marshal out of Guthrie, Indian Territory. The marshal made a tour of the territory, then resigned. (Index from National Archives)

W. C. Grimes was appointed marshal over Oklahoma Territory, serving from August 21,1890 to July of 1893. Marshal Grimes replaced Warren Lurty who resigned. (Index from National Archives)

Evett Dumas Nix was appointed marshal over Oklahoma Territory, serving from May 26, 1893 to August 22, 1893 and another term to January 1896. (Index from National Archives)

Patrick S. Nagle, was appointed marshal over Oklahoma Territory, serving from February 18, 1896 to October 25, 1897. (Index from National Archives)

Canada H. “Harry” Thompson was appointed marshal over Oklahoma Territory serving from October 25, 1897 to January 10, 1898, then to January 13, 1902. Marshal Thompson replaced Marshal Patrick S. Nagle and was replaced by Marshal William D. Fossett. (Index from National Archives)

William D. Fossett was appointed marshal over Oklahoma Territory serving from March 31, 1902, to February 13, 1906, when Marshal Thompson resigned. Marshal Fossett was appointed a second term serving from November 11, 1907 to January 13,1908 replacing Jack Abernathy. Fossett was one of the few marshals that had also served as deputy marshal. (Index from National Archives)

John L. “Jack” Abernathy was appointed marshal for Western District of Oklahoma Territory on February 13, 1906 replacing Marshal Fossett. Abernathy also served as deputy marshal. (Index of U. S. Marshals)

TEXAS EASTERN DISTRICT - PARIS, TEXAS

This court did not have jurisdiction over Indian Territory but due to it’s closeness to the southern portion of the Choctaw and Chickasaw Nations, it was required that some of its law enforcement cross the Red River at times to make arrests and return property.

Ben McCulloch was appointed marshal over Eastern District Paris, Texas, serving from April 9, 1857 to June 3, 1858. Marshal Ben McCullough was appointed another term which he served until March 9, 1859, when he resigned. Marshal McCullough had been previously been marshal over Texas. (Index from National Archives)

Henry E. McCulloch was appointed marshal over the Eastern District court at Paris, Texas, serving from March 9, 1859 to February 23, 1867. (Index from National Archives)

George W. Brakenridge was appointed marshal over the Eastern District court at Paris, Texas, serving from April 10, 1866 to February 23, 1867. He was replaced before his term expired. (Index from National Archives)

James J. Byrne was appointed marshal over Eastern District Paris, Texas, serving from February 23, 1867 to April 9, 1869. Marshal James Byrne was removed from office before his term was completed. (Index from National Archives)

William E. Parker was appointed marshal over Eastern District court at Paris, Texas, serving from April 9, 1869 to March 20, 1873 to complete his term and served an additional term which ended on January 8, 1874, when he was suspended. (Index from National Archives)

Thomas P. Ochiltree was appointed marshal over Eastern District court at Paris, Texas, serving from January 8, 1874 to February 24, 1875. Marshal Ochiltree was suspended during his term. (Index from National Archives)

Lemuel D. Evans was appointed marshal over Eastern District court at Paris, Texas, serving from February 24, 1875 to February 28, 1876. Marshal Evans resigned during his term. (Index from National Archives)

William J. Phillips was appointed marshal over Eastern District court at Paris, Texas, serving from February 28, 1876 to March 23, 1880. Marshal Phillips was appointed to serve an additional term serving until April 2, 1884) (Index from National Archives)

James G. Tracy was appointed marshal over Eastern District court at Paris, Texas, serving from April 2, 1884 to July 17, 1885. Marshal Tracy was suspended during his term. (Index from National Archives)

Richard B. Reagan was appointed marshal over Eastern District court at Paris, Texas, serving from July 17, 1885 to May 21, 1886. Marshal Reagan was removed from office on July 20, 1889. (Index from National Archives)

CENTRAL DISTRICT - INDIAN TERRITORY

The Central District was established in 1895, covering the area of the Choctaw Nation, with south McAlester, Atoka, antlers and Cameron as court seats

James J. McAlester was appointed marshal over the Central District, serving from March 1, 1895 to April 19, 1897. He transferred from Muskogee - Indian Territory where he had been appointed on April 6, 1893. (Index from National Archives)

Jasper P. Grady was appointed as marshal over the Central District of Indian Territory on April 19, 1897 to April 2, 1901. (Index from National Archives)

Benjamin F. Hackett was appointed marshal over the Central District of Indian Territory on April 2, 1901 serving until December 17, 1901. He replaced Marshal Grady when his term expired. (Index from National Archives)

Benjamin Miller was appointed marshal over the Central District of Indian Territory on February 6, 1904 replacing Marshal Hackett who was removed from office. (Index from National Archives)

George K. Pritchard was appointed marshal over the Central District of Indian Territory on February 18, 1904, replacing Marshal Benjamin Miller. (Index from National Archives)

NORTHERN DISTRICT INDIAN TERRITORY - MUSKOGEE

The Northern District court at Muskogee was formed on September 1, 1895, covering the area of the Creek, Seminole and Cherokee Nation, with Vinita, Miami, Tahlequah and Muskogee as court seats. The Central District at South McAlester and the Southern District at Ardmore were formed at the same time.

Samuel Morton Rutherford was the first marshal appointed over the Northern District of Indian Territory, serving from March 20, 1895 to December 12, 1895. (Index from National Archives)

Leo E. Bennet was appointed marshal over the Northern District of Indian Territory, serving from September 21, 1897, to January 10, 1898. He served a second term which ended on December 17, 1901. He replaced Marshal Rutherford who was removed from office. (Index from National Archives)

William H. Darrough was appointed marshal over the Northern District of Indian Territory, serving from June 27, 1902, to April 19, 1906. (Index from National Archives)

WESTERN DISTRICT - INDIAN TERRITORY

The Western District was established in 1902, covering parts of Northern and Central District, with Muskogee, Wagoner, Sapulpa, Wewoka, Eufaula, and Okmulgee as court seats.

Leo E. Bennett was appointed first marshal over the Western District, serving from May 27, 1902 to January 9, 1906. Marshal Bennett transferred from the Northern District. (Index from National Archives)

STATE OF OKLAHOMA - EASTERN DISTRICT

After statehood began, the state of Oklahoma was divided into the Eastern and Western Districts.

Grosvenor A. Porter was appointed over the newly formed Eastern District on November 11, 1907. He had been marshal over Southern District Indian Territory. (Index from National Archives)

On March 31, 1908 the Eastern District held court at Ardmore, Muskogee, Sulphur, Pauls Valley, Purcell, McAlester and Tulsa.

Samuel G. Victor was appointed marshal over the Eastern District on March 31, 1908. (Index from National Archives)

STATE OF OKLAHOMA - WESTERN DISTRICT

John J. “Jack” Abernathy was the first appointed marshal to the Western District. He held the position during Oklahoma Territory to Oklahoma statehood. His appointment was official on November 11, 1907 through January 13, 1908. (Index from National Archives)

Christian Madsen was appointed marshal over the Western District, State Of Oklahoma, on December 27, 1910, when John Abernathy resigned. (Index from National Archives)

DEPUTY MARSHALS

The deputy marshals worked directly under the United States marshal in their respective courts. When all of Indian Territory was under the Western District of Arkansas the deputy marshals were assigned to designated areas. Care normally was taken not to cross into another deputy’s area. Later when Indian Territory was divided into several districts, the deputies were assigned areas within the districts. The deputy marshals usually worked in teams made up of two or three men who were commissioned as deputy marshals, posse men or guards, who could be anyone that was brave enough to take the job. Numbers brought safety but also took away from their pay. Very few deputy marshals worked alone for their chances of survival was slim to none. The outlaws tried to gain advantage over the deputy marshals by forming gangs, which gave them protection with the size of the gang dictated by the number of robberies or the amount of money, or goods they could steal.

A wagon drawn by horses served as headquarters, hospital, office, supply storage, kitchen, jail or transportation for the wounded. These wagons were easily identified by the steel rings they bore along their sides which were used to shackle the prisoners. A wounded prisoner was allowed to ride in the wagon but normally all healthy prisoners were marched alongside of the wagon. Very few stores could be found in Indian Territory to purchase food or supplies so most of the wagons hauled enough supplies to serve the prisoner and lawmen’s needs while they were in the field.

In 1878, some 20,000 whites moved into Indian Territory, most of them having very little respect for the United States Government. The citizens of the Indian Nations often gave shelter and food to the outlaws, warning them when the marshal’s force was in the area. This made the role of the deputy marshal very difficult and dangerous. The deputy marshals carried warrants of arrest which were made by the court judge, given to the marshal then assigned to the deputy marshal that could best serve it. The Indian police in each nation worked with the federal court system to report crimes that intruders were committing. The deputies were encouraged to bring in their prisoners alive. A person arrested, having a warrant to stand trial was worth two dollars while a dead prisoner was worthless, unless he had a reward on his head. In a few cases the Judge placed

a dead or alive order which allowed the deputy to be paid when the body was brought in. In most cases the big dollar, dead or alive warrants were paid by state agencies, railroads or wealthy persons having family members killed. In a few cases the deputies were forced to pay for the burial of their dead prisoners

when the families would not claim their bodies. If a bootlegger tried to resist arrest rather than be taken before a judge, it was usually to the deputy marshal’s best interest to leave them lay after killing them than take them back to Ft. Smith, Arkansas. Maybe this accounted for a few of the dead bodies that the newspapers reported being found in the countryside. Normally a warrant issued for murder or rape carried a dead or alive order. The murder or rapist knew what his fate would be when taken before Judge Parker. The arrest usually end in a shoot-out which the outlaw or deputy marshal would be killed. If the deputy marshal was killed in the line of duty, no restitution was paid and his burial was at the expense of his wife or family.

John Carroll, marshal of Judge Parker’s court, addressed the deputy marshals on February 23, 1887 giving them a list of rules which the court expected them to heed while performing their duties in Indian Territory. Following is that list:

1. Carry firearms only while on duty.

2. No ar