Going Snake Massacre
Encyclopedia
The Goingsnake Massacre was an incident that occurred on April 15, 1872, in Tahlequah, Indian Territory, the capital of the Cherokee Nation
. During the trial of a suspect, arrested for shooting a man and then murdering the man's wife, eight US Marshals were killed in an ambush
. The incident is generally referred to as a massacre
due to the killing of eight Deputy US Marshals and fourteen Cherokee citizens.
, Ezekial "Zeke" Proctor, a Cherokee
, fought for the Union Army
, while all of the Beck family, also Cherokee, fought for the Confederate Army. Following the war, tensions between the Becks and the Proctors were high; mostly due to those former loyalties, but partly due to Proctor's alleged romantic interest in Polly Beck. Also, Proctor was a member of the Keetoowah Nighthawk Society
, which strongly believed in the preservation of traditional ways, including a growing dislike of the European-American encroachment. This belief included disapproval of Cherokee women being involved romantically with white men. Thus, Proctor thought Polly should not be in a relationship with a white man, despite Proctor's and Polly Beck's fathers both having been white.
Proctor was the son of a known murderer and was often drunk. He once forced his way into a house where a young girl had been playing the piano; after she stopped, he held her at gunpoint and made her continue playing. He was involved in several saloon
brawls in the small town of Cincinnati, Arkansas
, but was also known for his trait of always returning afterward to pay for damages. He had also previously killed two Cherokee brothers from the Jaybird family.
Polly was said to have been an attractive woman of mixed race (her father being white). She was the widow
of a white man, Steve Hilderbrand, who had been killed during the Civil War
. She remarried several times, and Jim Kesterson or Chesterson, another white man, was either her fourth or fifth husband. Polly had one brother and two first cousins who were Deputy US Marshals.
Aside from these fact, the versions of the story are often quite different.
Some versions state that Jim Kesterson had previously been involved with Proctor's sister, Susan, and had left her for Polly, leaving Susan and the children destitute (it is said the children were not Kesterson's). Another version indicates Kesterson caught Proctor stealing cattle
and intended to prosecute. Yet another version claims Proctor had been previously involved romantically with Polly, who was known locally to be promiscuous (dating several men, most of them white), and that he was in love with her. Another version indicates Proctor had never been involved with Polly, but was jealous about an Indian
woman having married or being involved with a white man.
Whatever the reason, Proctor confronted Polly and Jim at Polly's dead husband's mill in the Oklahoma Territory, near Siloam Springs, Arkansas
, on February 27. The incident developed into an argument; Zeke Proctor produced a rifle and shot Kesterson in the head, slightly wounding him. Proctor then turned to Polly and fired, killing her. Zeke maintained his killing of Polly was accidental.
Stories diverge here, but one version says Proctor surrendered himself after the murder of Polly to the sheriff of the Goingsnake District of the Cherokee Nation. Cherokee judge Blackhawk Sixkiller was appointed to the case.
Chesterson, believing Proctor would not be convicted in a Cherokee court, appealed to the local federal court, asking that an arrest warrant
be issued to ensure that Proctor received a trial in a non-Cherokee court in Fort Smith, Arkansas
. Treaties with the United States federal government said that Cherokee Nation courts would have jurisdiction over Cherokee people, so the involvement of non-tribal law officers was seen as a threat to tribal sovereignty
and was deeply resented by the Cherokee people. The federal court dispatched ten US Marshals to secure the arrest of Proctor at the court house in Tahlequah.
Several Cherokees were prepared to protect their treaty rights, so the Cherokee court's trial of Proctor was moved to the schoolhouse, since it was seen as being easier to defend than the courthouse. All participants of the trial were heavily armed. Without issuing a warning, the US federal marshals attacked the schoolhouse. In the ensuing melee, seven of the marshals were killed, Proctor and the Cherokee judge were wounded, and the Cherokee court cleck was killed.
EDIT AND CORRECTION: The mention of "Isaac Vinn" as a Marshall obviously refers to Isaac Vann, a Cherokee, and close compatriot of Zeke Proctor. Both were members of the Keetowah society, a close brotherhood of Cherokee men. Isaac Vann was not a US Marshall, although he was present at the Proctor trial (and ensuing massacre) in support of Proctor. Both Proctor and Vann are buried near each other in the Johnson Cemetery in West Siloam Springs Oklahoma, about 3 miles from this writer's home in the former Goingsnake District, Cherokee Nation of Oklahoma.
at the time, and due to federal laws against double jeopardy
. US Marshal James Huckleberry immediately dispatched twenty one Deputy US Marshals under the command of Charles Robinson. They took with them two doctors, who helped tend to wounded Cherokee civilians.
The second posse arrested several men believed to have been involved in the killing of the Marshals, including jury foreman Arch Scaper. There was no resistance made against the second posse. Zeke Proctor had fled by the time this posse arrived. The suspects were taken to Fort Smith, Arkansas
for trial, but all were eventually released due to lack of evidence
or witnesses willing to testify.
A federal grand jury in Fort Smith indicted 20 Cherokees present at the trial as well all the tribal court officers. Cherokee Nation issued warrants for several Cherokee citizens, as well. The US government later dismissed all indictments.
Zeke Proctor continued living in the area. By the 1880s he owned a small ranch. He was elected as a Cherokee Senator in 1877, and in 1894 was elected sheriff of the Flint District of the Cherokee Nation. Ironically, he served as a Deputy US Marshal from 1891 to 1894, under "Hanging Judge" Parker
. Proctor died in 1904, at the age of 76.
Cherokee Nation (19th century)
The Cherokee Nation of the 19th century —an historic entity —was a legal, autonomous, tribal government in North America existing from 1794–1906. Often referred to simply as The Nation by its inhabitants, it should not be confused with what is known today as the "modern" Cherokee Nation...
. During the trial of a suspect, arrested for shooting a man and then murdering the man's wife, eight US Marshals were killed in an ambush
Ambush
An ambush is a long-established military tactic, in which the aggressors take advantage of concealment and the element of surprise to attack an unsuspecting enemy from concealed positions, such as among dense underbrush or behind hilltops...
. The incident is generally referred to as a massacre
Massacre
A massacre is an event with a heavy death toll.Massacre may also refer to:-Entertainment:*Massacre , a DC Comics villain*Massacre , a 1932 drama film starring Richard Barthelmess*Massacre, a 1956 Western starring Dane Clark...
due to the killing of eight Deputy US Marshals and fourteen Cherokee citizens.
Background
During the Civil WarAmerican Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, Ezekial "Zeke" Proctor, a Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
, fought for the Union Army
Union Army
The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...
, while all of the Beck family, also Cherokee, fought for the Confederate Army. Following the war, tensions between the Becks and the Proctors were high; mostly due to those former loyalties, but partly due to Proctor's alleged romantic interest in Polly Beck. Also, Proctor was a member of the Keetoowah Nighthawk Society
Keetoowah Nighthawk Society
The Keetoowah Society were the spiritual core of the Cherokee people during their early years in Oklahoma Cherokee Culture, namely the early 1900s...
, which strongly believed in the preservation of traditional ways, including a growing dislike of the European-American encroachment. This belief included disapproval of Cherokee women being involved romantically with white men. Thus, Proctor thought Polly should not be in a relationship with a white man, despite Proctor's and Polly Beck's fathers both having been white.
Proctor was the son of a known murderer and was often drunk. He once forced his way into a house where a young girl had been playing the piano; after she stopped, he held her at gunpoint and made her continue playing. He was involved in several saloon
Bar (establishment)
A bar is a business establishment that serves alcoholic drinks — beer, wine, liquor, and cocktails — for consumption on the premises.Bars provide stools or chairs that are placed at tables or counters for their patrons. Some bars have entertainment on a stage, such as a live band, comedians, go-go...
brawls in the small town of Cincinnati, Arkansas
Cincinnati, Arkansas
Cincinnati is an unincorporated community in Washington County, Arkansas, United States. Cincinnati receives mail delivery from Summers . The population of the Summers ZCTA was 942 at the 2000 census...
, but was also known for his trait of always returning afterward to pay for damages. He had also previously killed two Cherokee brothers from the Jaybird family.
Polly was said to have been an attractive woman of mixed race (her father being white). She was the widow
Widow
A widow is a woman whose spouse has died, while a widower is a man whose spouse has died. The state of having lost one's spouse to death is termed widowhood or occasionally viduity. The adjective form is widowed...
of a white man, Steve Hilderbrand, who had been killed during the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. She remarried several times, and Jim Kesterson or Chesterson, another white man, was either her fourth or fifth husband. Polly had one brother and two first cousins who were Deputy US Marshals.
Prior to the ambush
The US Marshals have one version of what led up to the incident, whereas the Cherokee nation another. Over time, various versions of the initial incident have surfaced, but all tend to indicate three particular facts:- 1. The murder suspect, Zeke Proctor did object to a Cherokee woman being involved with a white manWhite peopleWhite people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...
, - 2. the victim Jim Kesterson had once been married to Proctor's sister, and
- 3. the victim Polly Beck was a love interest to Proctor.
Aside from these fact, the versions of the story are often quite different.
Some versions state that Jim Kesterson had previously been involved with Proctor's sister, Susan, and had left her for Polly, leaving Susan and the children destitute (it is said the children were not Kesterson's). Another version indicates Kesterson caught Proctor stealing cattle
Cattle
Cattle are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius...
and intended to prosecute. Yet another version claims Proctor had been previously involved romantically with Polly, who was known locally to be promiscuous (dating several men, most of them white), and that he was in love with her. Another version indicates Proctor had never been involved with Polly, but was jealous about an Indian
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
woman having married or being involved with a white man.
Whatever the reason, Proctor confronted Polly and Jim at Polly's dead husband's mill in the Oklahoma Territory, near Siloam Springs, Arkansas
Siloam Springs, Arkansas
Siloam Springs is a city in Benton County, Arkansas, United States. According to 2005 Census Bureau estimates, the population of the city was 13,990...
, on February 27. The incident developed into an argument; Zeke Proctor produced a rifle and shot Kesterson in the head, slightly wounding him. Proctor then turned to Polly and fired, killing her. Zeke maintained his killing of Polly was accidental.
Stories diverge here, but one version says Proctor surrendered himself after the murder of Polly to the sheriff of the Goingsnake District of the Cherokee Nation. Cherokee judge Blackhawk Sixkiller was appointed to the case.
Chesterson, believing Proctor would not be convicted in a Cherokee court, appealed to the local federal court, asking that an arrest warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
be issued to ensure that Proctor received a trial in a non-Cherokee court in Fort Smith, Arkansas
Fort Smith, Arkansas
Fort Smith is the second-largest city in Arkansas and one of the two county seats of Sebastian County. With a population of 86,209 in 2010, it is the principal city of the Fort Smith, Arkansas-Oklahoma Metropolitan Statistical Area, a region of 298,592 residents which encompasses the Arkansas...
. Treaties with the United States federal government said that Cherokee Nation courts would have jurisdiction over Cherokee people, so the involvement of non-tribal law officers was seen as a threat to tribal sovereignty
Tribal sovereignty
Tribal sovereignty in the United States refers to the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to...
and was deeply resented by the Cherokee people. The federal court dispatched ten US Marshals to secure the arrest of Proctor at the court house in Tahlequah.
Several Cherokees were prepared to protect their treaty rights, so the Cherokee court's trial of Proctor was moved to the schoolhouse, since it was seen as being easier to defend than the courthouse. All participants of the trial were heavily armed. Without issuing a warning, the US federal marshals attacked the schoolhouse. In the ensuing melee, seven of the marshals were killed, Proctor and the Cherokee judge were wounded, and the Cherokee court cleck was killed.
US Marshals killed
- The two Marshals who survived were Joseph Peavy and **Isaac Vinn. Both were wounded, but recovered.
- Will Beck
- Black Sut Beck
- Will Hicks
- George Selvidge
- Jim Ward
- Riley Woods
- Sam Beck
- Jacob Owens
EDIT AND CORRECTION: The mention of "Isaac Vinn" as a Marshall obviously refers to Isaac Vann, a Cherokee, and close compatriot of Zeke Proctor. Both were members of the Keetowah society, a close brotherhood of Cherokee men. Isaac Vann was not a US Marshall, although he was present at the Proctor trial (and ensuing massacre) in support of Proctor. Both Proctor and Vann are buried near each other in the Johnson Cemetery in West Siloam Springs Oklahoma, about 3 miles from this writer's home in the former Goingsnake District, Cherokee Nation of Oklahoma.
Cherokee men killed
- Johnson Proctor, brother to suspect Zeke Proctor
- William Alberty, Proctor's attorneyLawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
- Andrew Palone, a Cherokee and Civil War veteran
- Eleven other Cherokee men, whose names are not known, died within days of the shootout
- Six Cherokee men were wounded, including Zeke Proctor and the JudgeJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, Sixkiller.
Aftermath
Proctor was acquitted the next day in a Cherokee court. The Cherokee ruling on Proctor was accepted by US courts, since Cherokee courts had jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
at the time, and due to federal laws against double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
. US Marshal James Huckleberry immediately dispatched twenty one Deputy US Marshals under the command of Charles Robinson. They took with them two doctors, who helped tend to wounded Cherokee civilians.
The second posse arrested several men believed to have been involved in the killing of the Marshals, including jury foreman Arch Scaper. There was no resistance made against the second posse. Zeke Proctor had fled by the time this posse arrived. The suspects were taken to Fort Smith, Arkansas
Fort Smith, Arkansas
Fort Smith is the second-largest city in Arkansas and one of the two county seats of Sebastian County. With a population of 86,209 in 2010, it is the principal city of the Fort Smith, Arkansas-Oklahoma Metropolitan Statistical Area, a region of 298,592 residents which encompasses the Arkansas...
for trial, but all were eventually released due to lack of evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
or witnesses willing to testify.
A federal grand jury in Fort Smith indicted 20 Cherokees present at the trial as well all the tribal court officers. Cherokee Nation issued warrants for several Cherokee citizens, as well. The US government later dismissed all indictments.
Zeke Proctor continued living in the area. By the 1880s he owned a small ranch. He was elected as a Cherokee Senator in 1877, and in 1894 was elected sheriff of the Flint District of the Cherokee Nation. Ironically, he served as a Deputy US Marshal from 1891 to 1894, under "Hanging Judge" Parker
Isaac Parker
Isaac Charles Parker served as a U.S. District Judge presiding over the U.S. District Court for the Western District of Arkansas for 21 years and also one-time politician. He served in that capacity during the most dangerous time for law enforcement during the western expansion...
. Proctor died in 1904, at the age of 76.
External links
- http://www.usdoj.gov/marshals/history/line-of-duty-old-west.htm
- http://www.bbhc.org/pointsWest/PWArticle.cfm?ArticleID=83
- Blood Bath at Going Snake: The Cherokee Courtroom Shootout