CLARK, STANLEY A. INTERVIEW
#12002 (Eli Whitmire Story)
Jas. S. Buchanan Interviewer
October 30, 1937 Interview with Stanley A. Clark, 515 Fredonla St., Muskogee
ELI H. WHITMIRE, CHEROKEE
Eli H. Whitmire
after holding several important offices in the Cherokee Government continued to
be active in tribal and public affairs after statehood until failing health
forced his retirement. He departed this life December 10, 1936 at his home in
Addielee.
I enjoyed the
acquaintance and friendship of Eli Whitmire the latter years of his life. I never knew a more interesting character as
he possessed a remarkable memory and could relate stories of important
incidents of his most interesting life with a great degree of accuracy.
Eli Hicks
Whitmire, son of George W. Whitmire and Elizabeth Whitmire, nee Faught, was
born in Going Snake District, Cherokee Nation, Indian Territory, in what is now
Adair County, on the old Whitmire plantation situated on Barren Fork Creek, on
June 13, 1858.
He was a half
breed Cherokee Indian and lived his entire life within the bounds of the
Cherokee Nation. He attended the
Cherokee primary schools and the Male Seminary at Tahlequah. After leaving school he taught a few terms
and in 1887 he was elected to the Senate from the Going Snake District; after
the Senate he was elected as a member of the Board of Education of the Cherokee
Ration, and in 1892 he was elected Associate Justice of the Supreme Court of
the Cherokee Nation.
When he was
elected to the Senate in 1887, he was elected as a member of the Downing party
and during his time in the Senate was one of the most stormy periods, as to
internal trouble, in Cherokee history. He took part in averting the civil war
that appeared imminent when Chief Bushyhead first refused to surrender his
office to his duly elected successor.
It was Eli Whitmire, with the assistance of close friends who had the
interest of the Cherokee Nation at heart, who arranged the little known but
important conference of November 16, 1887, when with J. M. Lynch, H. W.
Lindsey, Stan W. Gray, W. C. Rogers, L. B. Bell, Jug Starr and Charles Thompson
an invitation to the Senators of the rival National party was drawn up. This National party at that time was
controlled by George Sanders, Henry Ross, William Hendrix, S. E. Benge, Morton
Vann, Joseph Seabolt, David Musrat, Jackson Christy and R.H. Wolfe. The invitation requested a Meeting in order
that the election dispute might be settled peaceably. As a result of this and other efforts for peace, Chief Bushyhead
peaceably gave up his office as chief.
Two of his most
interesting stories of tragical nature that happened in the Cherokee Nation
during the life of Mr. Whitmire were of Ned Christie and the Proctor fight or
better known as the Going Snake tragedy.
NED
CHRISTIE
Ned Christie was
a Cherokee Indian and was reared in what was called Rabbit Trap, Goingsnake
District, Cherokee Nation, Indian territory, but what is now called Wauhillau,
Adair County,Oklahoma.
His career as an outlaw is known and
nothing I will add or leave off will condone the depredations committed nor
will the approral of a certain element of sympathizers avail.
Christie’s
father was a full blood Cherokee Indian and was known as uncle Watt Christie, a
blacksmith by trade. True to his outlaw
son, Uncle Watt could see no evil in his son.
Ned Christie
grew up like many Cherokee boys in his time without any English education. He spoke all Cherokee and he also became a
blacksmith and gunsmith by trade. He
stood and walked as straight as an arrow which was typical of his race, always
truthful and reliable and never known to betray a friend.
When he was yet
a young man, he had some trouble with another Indian boy by the name of
Palone. They quarreled and Christie
killed Palone. He was tried in the
Indian court and acquitted. He then settled down and became a law-abiding
citizen once more.
Later on he was
elected Executive Councillor of his tribe and served one term. In the meantime he got to drinking and one
night at Tahlequah, in company with a man by the name of John Parris, they were
drinking and strolling around as men drinking will do. They were halted at a
branch in the north part of town by Maples, a United States Marshal from Ft.
Smith, Arkansas, who had a writ for John Parris for selling whiskey.
Ned Christie
claimed that when the Marshal said "halt", Parris began shooting and
the Marshal fired back, saying also he didn't have any gun with him at that
time. They went back down in town and a little later it was reported that the
United States Marshall Maples was found killed. Then a writ was sworn out for both men, Christie and Parris. Then Parris, to save his own neck, turned
state’s evidence and swore that Christie had done the shooting and he was
turned loose. Ned claimed that he had
no way of proving
himself innocent so he went on the scout.
Like a great
many outlaws at that time he dreaded the "United States Court at Ft.
Smith. Another United States Marshal
from Ft. Smith was sent to arrest Christie and bring him before the court to
stand trial. Christie, knowing himself
to be innocent of the crimes, kept fighting off the Marshal’s forces. Finally a posse headed by Deputy Marshal
Isabell from Vinita, surrounded his home and set his shop on fire, thinking it
would burn his house too, and that he would run out and they could capture
him. In the meantime shots were being
exchanged continually, Ned shooting through port holes in the gable end of his
house upstairs. One of Ned's shots
struck Isabell in the shoulder and then they scattered and ran off leaving the
little log house on fire for it had caught from the shop. Some of Christies people living near came
over to see what so much shooting was about.
Finding the place apparently deserted and the house on fire they ran in
and looked about and found Christie lying upstairs unconscious, having been
shot through the bridge of the nose, the ball ranging a little to one side
putting out one eye.
They managed to
get him downstairs and out of the house before it was consumed by the
flames. His people and his friends took
hin to the hills where they kept him concealed from the law and there his
wounds were dressed and doctored by Indian doctors. They felt they dare not call a white man doctor for fear he would
betray the whereabouts, as there was a reward being offered for him.
By some means
the ball was removed from the back of his head and in the course of time he
recovered and came back to his home. Finding it burned down, he stood and
viewed the spot where he came so near to losing his life; but as he was a brave
man and a man of iron nerve, he wouldn’t give up hopes of a home.
He began looking
around until he found another site a short distance from the old one, then he
took his axe and went out in the woods and cut logs to build him another home.
Some of his friends came and helped him to put it up. When it was finished, he managed to get together enough household
necessities to start keeping house again.
Of course he lived in a very simple way. Then he said: "Here I will stay and die before I will let
them take me alive,” and he was good as his word.
In the meantime,
the Government had increased the reward to a thousand dollars for his body,
dead or alive. There were several
attempts made to capture Ned alive but they were all unsuccessful.
The first
attempt made to Capture him after he moved into his new home was made by Deputy
United States Marshall, Joe Bowers, but as he slipped up to Ned’s house, Ned
saw him coming and stepped to the door with his Winchester in hand, Bowers,
seeing Ned, seemed to change his mind about arresting him and started to
run. Ned fired a shot at his retreating
figure, claiming he shot just to scare the Marshal. The load struck the Marshal in the heel but he kept running. That made another charge against Christie
and so he kept on the scout after that, part of the time in the hills and
sometimes at his home, still saying he would die before he would give up to any
number of men, that he would die fighting.
The next man
that wanted to make himself a hero by capturing the notorious Ned Christie
alive was a young man by the name of John Fields. He came up to Ned's house one morning while Ned was eating his
breakfast. Someone at the table said
someone was coming in at the gate. Ned
rose from the table and stepped to the door with his Winchester which he always
kept handy and Fields, like Bowers, started to run. This time Ned aimed a little higher and struck Fields in the neck
but did not kill him. He, like Bowers,
kept on running. Ned did not shoot any
more as he said he did not want to kill him but to make him quit sneaking
around his house. So that made another
charge against Christie.
Then the
question with the United States Court at Ft. Smith was how they were going to
capture Ned Christie. Finally they
formed a posse of twenty-seven men and met at Fayetteville, Arkansas where they
were headed by Captain White. All were
heavily armed with pistols and Winchesters and a small cannon, a twenty-four
pounder, with this equipment of war material and guided by Tom Johnston and Ben
Knight Sr., they proceeded to Ned's house.
At between nine
and ten o'clock at night in November, 1892, the posse marched upon Christie's
fort, a log house. Not wanting to
venture too close they came up gradually until they spied Ned's wagon standing
near the fence. They got their heads
together to devise some means to get up to the house so they might be protected
from Ned's bullets. They decided to
take rails from the fence and load the wagon, piling them up high enough to
make a breastwork, then they pushed the wagon up near enough so they could
throw dynamite under the house. At the same time they began shooting the small
cannon against the house, trying to knock some of the logs out. Ned kept shooting out occasionally. This shooting continued throughout the
night, one man against twenty-seven.
A boy by the
name of Soldier Hare was in the house with Ned at the time but it is not known
whether he fired a shot or not during the battle.
Sometime next
morning, Ned, finding himself without loads for his gun, thought he would make
a dash for his liberty (it was daylight by this time) He left the house with
his Winchester in his hand acting as though he was going to shoot. The Marshals were all in hiding but after
they found Ned was not shooting anymore, they came out in the open and began to
shoot. Ned got through the yard gate
and started running down the road by the side of the fence like some scared fox
before the hunters hounds, the force all kept shooting at his retreating figure
and a bullet from one of their guns struck Ned in the back of the head and he
fell never to rise again. The man of
“steel and iron” who feared no man.
When Ned fell the force gathered around his fallen body, they turned him
over and saw that he was dead.
They loaded his
body in a wagon and took it to Fayetteville, Arkansas where they were joined by
Alvin Beatty, who was Sheriff of Washington County, Arkansas at that time. Then the body was taken on to Ft. Smith, where
it was turned over to the United States Court where Judge Isaac Charles Parker,
Judge of the Federal Court for the western district of Arkansas with criminal
jurisdiction over what is now Oklahoma, held his court, notoriously known as
the most stern court in the United States; a court from which there was no
appeal, not even to the Supreme Court of the United States. Such was the court
in which the law of the Indian Territory was administered from 1864 until 1896.
It was of this court that Ned Christie stood in such dread and fear because of
which he said many times that he would never be taken alive.
A picture was
made of Ned strapped to a plank with a Winchester rifle placed in his firms,
the gun he was so handy with and which had never failed him before.
His body was
brought back home and turned over to his aged father, Watt Christie, for
burial, where it was interred in the Christie Cemetery at what is now
Wauhillau, Oklahoma.
Ned Christie's
fort was located about 100 yards north of where Luther Worley's barn now stands
at Bidding Springs and Ned fell dead about where the barn now stands.
Ned was born
December 3, 1852, and died November 3, 1898. His body was taken to Faayetteville in a wagon by the marshals
after he was killed and there the picture was made. Then he was shipped by rail to Ft. Smith and from there to Ft.
Gibson by rail; then the body was hauled by wagon to his last resting place.
A little white marble slab and a hollow
space in the earth about 100 yards southwest of the Bidding Springs School
house on Highway No. 51 mark his last resting place.
GOINGSNAKE
TRAGEDY
On a picturesque
little stream, called Flint Creek, stands an old historic mill, known as the
Hilderbrand Mill, where once lived the widow Hilderbrand. However, at the time of this story, Mrs.
Hilderbrand had married again, this time a
man named Jim Kesterson. It was at this mill that a great tragedy occurred,
which later developed into what is known as "The Proctor Fight." At the time of the tragedy I was a small
boy, fourteen years old, but the details are as fresh in my mind today as
though it had happened only yesterday.
Mrs. Kesterson,
or "Aunt Polly,” as she was usually called by those who knew her best, was
a half-breed Cherokee Indian, and Kesterson was a white man. They were considered law abiding people.
White Sut Beck,
Black Sut Beck, Sam and Bill Beck also were half-breed Indians and nephews of
Mrs. Kesterson. During the Civil War the Becks and Zeke Proctor both served in
the Army, but under different flags.
Proctor served in the Federal and the Becks in the Confederate
Army. Nevertheless, they were good
friends until the trouble started of which I shall write.
Zeke Proctor
also was a half-breed Cherokee Indian, and when history has granted him the
justice of perspective, we shall know him as a picturesque man of many figures,
resourceful, self-reliant and bold; adapting himself to diverse circumstances
and conditions, meeting each cheerfully, with confidence in himself in dangers
and perils, by which he had been educated.
He was a strong man with a strong man’s virtues and a strong man's
vices. He served as sheriff of
Goingsnake District, Cherokee Nation, Indian Territory, which is now Adair
County, Oklahoma, for a number of years. He wore his long black hair hanging
down his back, typical of his race. He
had keen, black eyes which could look with stern retribution from their depths,
or with a smile that would illuminate his whole face. He always carried a gun
buckled to his hip, and would never sit with his back to any man.
It was some time
during the month of February, 1872, that Proctor and Kesterson began having
trouble over some stock, Proctor lived about ten miles from the Hilderbrand
Mill. One morning he saddled his horse
and rode to the mill to talk the matter over with Kesterson. He found both Mr. and Mrs. Kesterson in the
mill. He bade them the time of day, and
their talk drifted to the trouble about the stock. Finally they got into a heated argument, and it would be
impossible to tell all that was said, as I am only telling it as I heard it
told.
Proctor, seeing
Kesterson reaching for his gun, drew his own gun and fired. Mrs. Kesterson, thinking that she might save
her husband, had run in between the two men, and the bullet intended for Kesterson
entered her breast, killing her instantly.
Kesterson then ran up the steps to the second story of the mill, Proctor
firing two more shots at his retreating figure, shooting two holes in the
latter’s coat.
Proctor then
mounted his horse and rode away.
Arriving at his home, he told his folks what he had done. He then sent a man to tell Jack Wright (my
brother-in-law) who was sheeriff of Goingsnake District, of the affair.
Jack Wright
lived about five miles east of Barren Fork.
When the man had delivered Proctor's message to him, he went over and
arrested Proctor, placed a guard over him and reported the case to the
prosecuting attorney.
Cornick
Sixkiller was appointed special Judge to try the case and the 15th day of
April, 1872, was the date set for trial. Court convened on that date. Proctor was arraigned for trial, and while
the lawyers, both pro and con, were arguing for a continuance of the case, up rode a posse of men headed by
Deputy United States Marshal Owens and accompanied by White Sut Beck, a nephew
of Mrs. Kesterson, the other Becks and their crowd being already on the ground
and heavily armed,
Back in a grove
stood the little log school house, known as the Whitmire school, which was
being used on this special occasion for a court house. Judge Sixkiller sat at a small table, facing
the door, which was in the east. On the
Judge's left was Joe Starr, clerk of the court, and on the right was Mose
Alberty, attorney for Proctor, while the prosecuting attorney, Johnson Spade,
was standing arguing a motion before the court. Proctor sat by his attorney
with one of his guards, Tom Walkingstick, standing near, four other guards
stood around the door, on the outside-Lincoln England, John Looney, John
Walkingstick, and Jess Shell.
White Sut Beck seemed to be leading the
marshal's force, and with his crowd made for the court house door. Sut leveled a double-barrel shotgun on Zeke
Proctor, a brother to Zeke grabbed the gun, and received the full charge of
shot in his breast, the other load striking Zeke in the knee. The battle then was on, and it would be
impossible to describe the horrible and bloody scene which followed. The firing of guns then was so rapid the
bullets rained like hail in every direction.
For a moment it seemed like a duel to the death on both sides.
Finally, the
posse fled before the avalanche of bullets from the Proctor side, as did all
the spectators who stood near.
When the smoke
of battle had cleared, the ground in front of the little school house was
covered with dead and wounded, while Proctor and what was left of his men stood
victors over the scene. Nine men had been killed outright, and two had been
mortally wounded.
About an hour
later my mother, who was a widow, had us boys hitch a span of mules to a wagon,
drive to the scene of battle and with the assistance of Proctor and his men,
the dead wounded were loaded into the wagon and taken to our house, the old
double-log house that stands near the Whitmire Cemetery and is now owned by my
brother, Getty Whitmire. The wounded
men were carried into the house, which was converted into a hospital until
relatives came and took the men away.
The dead were laid out on the big porch.
Those killed on
the Proctor side were: Johnson Proctor, Mose Alberty, Attorney for Proctor, who
was struck by a stray bullet while sitting at the judge’s table, and Andy
Palone. Ellis Forman was wounded in the
shoulder, but recovered.
On the Beck
side, those killed were: Sam Beck, Black Sut Beck, Bill Hicks, Riley Woods,
George Selvage, and a man named Ward, all of whom died on the battle ground.
Deputy U.S. Marshal Owens and Bell Beck were mortally wounded and died later.
Marshal Owens
stated before he died that when he and his posse got off their horses "the
boys" made a rush for the court house door, that he tried to stop them,
but could do nothing with them.
My eldest
brother, Steve Whitmire, and a school teacher named Mack, who boarded at our
house, saw the whole thing from start to finish. They had left the courthouse just a little before the fight, the
teacher having dismissed school and sent the children home.
When the
excitement had somewhat quieted down the sheriff and the guards, took Proctor
to old man Scraper's place, where he was guarded until the next day, when he
was tried and found not guilty by a jury of twelve men.
After events
like the above, society is always thrown into a turmoil from which it takes a
long time to recover. People still
continue to discuss that terrible battle, which was destined to leave a lasting
impression upon the minds of so many people.