The gunfight at the OK corral is probably the most famous shootout in history. On April 26, 1881 the Earp brothers and Doc Holliday attempted to arrest members of the Clanton family and after shots were fired and the smoke cleared three of the lawmen were wounded and three of the outlaws were dead. But the biggest gunfight in our history occurred nine years earlier on April 15, 1872 when a posse of U.S. marshals attempted to interrupt the murder trial of Zeke Proctor, a Cherokee Indian who was accused of killing a woman. This happened a few miles from where I live now.
The story is an interesting one. The historical sources tell conflicting stories because it involves a complicated mix of versions told by whites and Indians, Confederates and Union, and feuding families. Zeke Proctor was a boy when he and his family travelled over the Trail of Tears to Oklahoma . He was educated in Cherokee schools that were of such quality that white people in Arkansas paid a subscription to have their children attend the same schools. Zeke grew up to be a respected member of the tribe. He was a farmer and served as sheriff of his district.
The trouble began when Zeke went to visit his Sister, Susan, and discovered her husband Jim Kesterson had left her and her children to live with another woman. it seems that Kesterson had moved in with the widow Polly Beck and was working at the Hilderbrand Mill on Flint Creek near Siloam Springs, AR. When Zeke arrived at the mill and found Jim and Polly together he raised his rifle to shoot his brother-in-law. Polly jumped in front of Kesterson and was killed when the gun discharged. (another version claims that Zeke shot at Kesterson first, barely wounding him and then turned the gun on Polly and killed her. Some claim that Zeke had a love interest in Polly and another says he was furious over an Indian woman being involved with a white man.)
The Cherokee court claimed jurisdiction and a trial was set. The Beck family wanted to be sure Proctor was found guilty so they filed charges in the Federal court in Ft. Smith. There were underlying forces that drove this conflict to its final climax. The Cherokees had fought with the Union during the Civil War and the Becks had been Confederate sympathizers. There had been previous issues between the two families that exacerbated the animosity between them. The court in Ft. Smith sent a posse of U.S. Marshals to the Goinsnake District with orders to take Zeke Proctor into custody if he was acquitted. If he was found guilty they were to return to Ft. Smith without serving the warrant.
The trial was supposed to be held at the Goingsnake Courthouse, but for security reasons it was changed to the Whitmire School in what is now the Christie community. When the posse, which included three members of the Beck family, arrived at the school house the trial had already begun. One version says they rushed into the room and began firing. Another version says that they were ambushed in the school yard by a group of Cherokees.
Eight U.S. Marshals were killed including the three from the Beck family. Three Indians were slain and 14 more were wounded, 11 of them dying within a few days. Zeke Proctor was wounded and his lawyer was killed.
The next day the court was reconvened at Zeke was found not guilty. He went into hiding for awhile and was protected by his fellow tribal members.
In October, 1973, the U.S. District Court dismissed the case of U.S. vs Zeke Proctor. He became a law abiding citizen and served as sheriff, Cherokee senator, and ironically as a U.S. Marshall. He died in 1903 at the age of 76.
sources: http://www.cherokee.org/Culture/61/Page/default.aspx
http://en.wikipedia.org/wiki/Going_Snake_Massacre
The story is an interesting one. The historical sources tell conflicting stories because it involves a complicated mix of versions told by whites and Indians, Confederates and Union, and feuding families. Zeke Proctor was a boy when he and his family travelled over the Trail of Tears to Oklahoma . He was educated in Cherokee schools that were of such quality that white people in Arkansas paid a subscription to have their children attend the same schools. Zeke grew up to be a respected member of the tribe. He was a farmer and served as sheriff of his district.
The trouble began when Zeke went to visit his Sister, Susan, and discovered her husband Jim Kesterson had left her and her children to live with another woman. it seems that Kesterson had moved in with the widow Polly Beck and was working at the Hilderbrand Mill on Flint Creek near Siloam Springs, AR. When Zeke arrived at the mill and found Jim and Polly together he raised his rifle to shoot his brother-in-law. Polly jumped in front of Kesterson and was killed when the gun discharged. (another version claims that Zeke shot at Kesterson first, barely wounding him and then turned the gun on Polly and killed her. Some claim that Zeke had a love interest in Polly and another says he was furious over an Indian woman being involved with a white man.)
The Cherokee court claimed jurisdiction and a trial was set. The Beck family wanted to be sure Proctor was found guilty so they filed charges in the Federal court in Ft. Smith. There were underlying forces that drove this conflict to its final climax. The Cherokees had fought with the Union during the Civil War and the Becks had been Confederate sympathizers. There had been previous issues between the two families that exacerbated the animosity between them. The court in Ft. Smith sent a posse of U.S. Marshals to the Goinsnake District with orders to take Zeke Proctor into custody if he was acquitted. If he was found guilty they were to return to Ft. Smith without serving the warrant.
The trial was supposed to be held at the Goingsnake Courthouse, but for security reasons it was changed to the Whitmire School in what is now the Christie community. When the posse, which included three members of the Beck family, arrived at the school house the trial had already begun. One version says they rushed into the room and began firing. Another version says that they were ambushed in the school yard by a group of Cherokees.
Eight U.S. Marshals were killed including the three from the Beck family. Three Indians were slain and 14 more were wounded, 11 of them dying within a few days. Zeke Proctor was wounded and his lawyer was killed.
The next day the court was reconvened at Zeke was found not guilty. He went into hiding for awhile and was protected by his fellow tribal members.
In October, 1973, the U.S. District Court dismissed the case of U.S. vs Zeke Proctor. He became a law abiding citizen and served as sheriff, Cherokee senator, and ironically as a U.S. Marshall. He died in 1903 at the age of 76.
sources: http://www.cherokee.org/Culture/61/Page/default.aspx
http://en.wikipedia.org/wiki/Going_Snake_Massacre
2 comments:
What an amazing story! The formidable and unjust forces arrayed against Proctor put me on his side, and the fact that he got off and lived out his life as a good citizen is a satisfying resolution. Thanks for resurrecting this little-known history.
There is another Cherokee historical piece I'm working on. It doesn't have as positive an ending. It's the story of Ned Christie.
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