Bennett

Bennett, Warren

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 Warren 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.

RECALLS KILLING OF MARTIN BROTHERS

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

July 30, 1905—Daily Oklahoman—Guthrie, OK—Warren Bennett, the 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 Same Martin August 8, 1903 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 f the bravest acts known among the United States official of Oklahoma. Bennett never talked of the battle and while it was believed it was not known until after his death, whether he or his companion had killed the outlaws.

Arthur Simons, a companion of the notorious Martin boys, escaped and for lack of other information, it was said that Simons had shown up his companion to the United States officers to avoid capture and prosecution. What really saved Simons was the wounding of Wiley Haines an Indian policeman who accompanied Bennett. After killing the Martin brothers, Bennett gave up the pursuit of Simons to care for the wounded officer. This, it happened, saved the life of Haines. Simons 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 and eluding the officers in this way. In the year 1903 they became blood-thirsty and on March 3^rd murdered the rock Island station agent at Hennessey in cold blood. They robbed the station house, but were perused the next day and 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 were 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 boldest holdups that ever took place in the history of the territory. It happened one Sunday morning a few miles from Pawhuska at a lodge picnic. The picnic took place in the woods, to which lead a narrow lane. Before the picnickers began to arrive the Martin boys and Simons took their places beside the lane. When the first wagon load 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 the picnickers were commanded to drive on. IN this way more than 100 persons were held u as they came to the picnic. The outlaws finally found three horses that suited their fancy and rode away.

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

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

Sitting around their saddle, the Martin brothers were shaving, one holding a mirror for the other. Fifty yards beyond Simons was patrolling back and forth with a Winchester over his shoulders. Bennett easily recognized the horses that had been stolen, as a man in a cattle county learns to do with ease. They were at a distance of 400 yards 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’ rifle cracked and a bullet whistled through the trees close by. The battle was on and a fusillade of shots was kept up for half an hour. The Martins crouched 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’ rifle struck Haines in the shoulder and penetrated his body. The soft nosed 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 fro me and I aimed at where his suspenders crossed his back. Just as I aimed he turned his head over his shoulder and the bullet struck him in the mouth. He rolled over and over like a jack rabbit 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 pocket knife 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 potter’s field at Guthrie on the nigh following.

In their camp was found over 1,000 rounds of ammunition, four Winchester rifles of the best pattern and horses and saddles they had stolen a few days before. Marshal Cross’s star was pinned on the inside of one of their coats.

The death of Bennett and mention of the Martin boys brings to mind the chase over twenty miles 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 when 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.

Dannie Perkins, a farmer boy, who joined in the pursuit, showed such remarkable courage he has been permitted to render services to the marshal’s office since that time. Fossett and Baxter were in the lead when the lad, not more than 19 years old and slouchy dressed, rode up and around them. Marshal Fossett called to him of the danger, but he paid no attention. He rode until he was within less that a quarter of a mile of the outlaws. Then he dismounted, dropped to his knee and began firing in true Western fashion. The fire was returned but the boy mounted, rode closer and began firing again. This kept up for some time and, after a lively skirmish, 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—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 the $500 offered by the territory.