Gunfight at Wade - Bryan County, Oklahoma Submitted by: Clark Vinson 01 May 2006 Return to Bryan County Archives: http://www.usgwarchives.net/ok/bryan/bryan.htm ===================================================================== USGENWEB NOTICE Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ===================================================================== GUNFIGHT AT WADE, OK, JULY 23, 1912 The following is my reconstruction of a gunfight between Marshall Jim Parish of Bennington, OK and my grandfather Iman C. Buford and his brother Paul Buford. I based the reconstruction on the events as reported in the newspapers at the time. Transcriptions of the papers follows my reconstruction. If anyone has alternative explanations or more facts, I would truly appreciate the input. - Clark Vinson In 1906, a year before Oklahoma achieved Statehood, Sam Buford, my great grandfather, moved to Bryan County, Oklahoma with his mother, wife, and four sons. They settled in Wade, about 20 miles east of Durant and three or four miles north of the Red River. Sam's mother had purchased the land from the Choctaw Agency in Muskogee. In 1912 Sam's four boys were mostly grown, the youngest being 19. The second son was mentally challenged, later to go to the State Hospital in Vinata, Oklahoma. The third son had married and moved away. Sam's oldest boy was my grandfather, Iman C. Buford and Paul Newton Buford was the youngest of the boys. Iman and Paul still worked the farm with their father. Sam had married a girl named Sarah Skeen from Lamasco, Texas, almost 13 miles due south of Wade, across the Red River into Texas. I've been told that at that time there was a ferry across the river that operated almost directly between Wade and Lamasco. My theory is that Sam's mother went straight across the river and did not search far before she found some good land to farm and bought it. Their house was within the township of Wade, along one of the main street. His nearest neighbor was John Brewer and his family. Sometime in the early part of 1912 Sam's mule killed a colt (stories vary as to whether it was a mule or horse) owned by John Brewer. No doubt John Brewer argued with Sam Buford as to who owed whom and Sam concluded he didn't owe anything. John Brewer took Sam to court. A jury agreed with Mr. Brewer and ordered Sam to pay $35 for the colt plus court costs, coming to a total of $107. The fact that Sam Buford would take it as far as a jury trial suggests that he was insistent he wasn't going to pay Mr. Brewer. Mr. Brewer had to have filed a complaint and sued, so he was determined that Sam owed him. There seems little doubt the two of them had discussed it before Mr. Brewer filed the suit and also little doubt Sam told Mr. Brewer the he, Sam, was not at fault. I have no idea how long the case could have taken to get through court, but to have a jury trial probably took some time, so there was plenty of time for the two neighbors to stew about it. If Sam was like future Bufords, he spent that time telling himself there was no way he was wrong. When Sam did not pay the fine the judge ordered that cattle be confiscated from Sam to cover the cost. The replevin was issued on June 28, 1912. Marshal Parish of Bennington took the judgement papers out to Sam Buford and returned, reporting that Sam Buford had the property to cover the $107 fine and court cost. (This was a pretty high cost at the time.) No doubt Sam said he wasn't going to pay, and probably had a few extra words with the Marshal. This may have predisposed the Marshal to be especially intent on enforcing the replevy judgement (I know how the Bufords can be when they think they are right). When, after this second demand, Sam did not show up with payment, orders were issued again for replevy. They were issued on July 18th, a Thursday, about 3 weeks after the first order. On Monday of the next week (July 22nd) the marshal rode out to Mr. Brewer's home to spend the night, probably with the intent of confiscating cattle to cover the cost of the court ordered fine. The next morning John Brewer went with Marshal Parish and Abe Winters to get the cattle. The newspaper reported that Abe Winters was with the marshal, but I cannot tell from the information I have if he went with the Marshal to spend the night at John Brewer's or if he showed up the next morning. The marshal spending the night at John Brewer's and then taking John with him was likely to have just inflamed Sam Buford even further than it would have if the marshal had just taken the cattle on his own. It probably seemed like John Brewer was thumbing his nose at Sam and saying "I brought the marshal and we're taking your cattle." Somehow the Bufords were alerted to the cattle being taken. It seems the cattle were grazing on unfenced range and my guess is that the marshal took them in plain site of someone in the Buford family. The news account says that Sam Buford instigated the boys, and sent them after the cattle. As it turned out, Sam was charged as an accomplice, but there was not enough evidence to hold him. Given that no one but the Buford boys would have known who instigated them, unless Abe Winters or John Brewer observed Sam doing it, the evidence to support a claim of instigation was likely not forthcoming. It can be assumed the town folk knew of the feud between Brewer and Sam, and assumed he urged his boys to retaliate (which he probably did). The boys had enough time to go for guns, saddle their horses, and then chase after the three men and cattle, who were going at a cow's pace. [An alternative explanation is that the Bufords may have seen that the marshal was spending the night at the Brewer's and known why he was there, so that they were on the lookout, already armed and saddled. I think the Brewer home was within sight of the Buford's, possibly no more than 100 yards away.] The newspaper accounts say the marshal got about a mile away, so it was a relatively short time between the marshal taking the cattle and the Buford boys starting after him. The marshal and other men would have herded the cattle down the road toward the Blue River bridge. It is the same road that now goes north from Wade to Bennington. It passed about 100 yards east of Sam's place. When the Buford boys caught up to the marshal it looks as though the marshal was clear about their intent, what with them carrying guns and all. (One newspaper account says that the marshal "threw down on them" when he saw them ride up, "seeing that they were armed and meant to do him harm." Both newspapers note that the marshal told them to put up their hands, something he would probably not say unless he had his gun pointed at them). I assume that the boys rode to within talking or shouting distance, which is likely to be relatively close, but probably not too close, given the marshal had his gun trained on them. That the marshal was able to shoot my grandfather with a pistol indicates he either got off a really lucky shot, or he was within about 20 or 25 feet of his target, at most. Evidently some words were exchanged, the boys saying to the marshal that he had started with something he wouldn't get there with, indicating he wasn't going to take the cattle. The marshal got off two shots with his .45 pistol. The newspaper reports say that no one knows who fired the first shot, but they guess that my grandfather, with the shotgun, fired first. They base this guess on the fact that the marshal's right hand, right arm, and his face were covered with shot (evidently small gauge shot since buckshot would have seriously injured him and there are only about 6 shot to the shell). An alternative explanation, and the one that I think fits the evidence more reasonably, is that the marshal fired first, followed by being shot by my grandfather. The marshal's first shot is the one most likely to have been sure enough to hit my grandfather, because after the shooting starting I feel certain my grandfather would have become a moving target. After being shot, my grandfather then fired the shotgun, possibly in a reflex action. The squirrel-shot (most likely the only shot they had, since most hunting with a shotgun was for small game) would have caused serious damage had the shot been up close (25 feet or less), suggesting my grandfather might have been falling backward when he shot and only the periphery of the shot pattern hit the marshal. The marshal, having been shot with the shotgun, next got off a wild shot, probably toward Paul. When he fired a second shot the marshal's intent to shoot both boys was probably clear to Paul. Then Paul shot the marshal through the head with his rifle. This latter scenario seems the most likely for these reasons: (1) the marshal had to have been on the lookout for the Bufords and (2) he would have seen the armed Bufords approaching and had time to pull his own weapon; (3) there was enough time for both the Bufords and the marshal to have made one statement each, meaning they didn't just start shooting, they stopped and talked first; (4) the marshal told the boys to put up their hands, suggesting he had his gun pointed at them; and (5) Paul had enough time to aim the rifle well enough to shoot the marshal in the head, suggesting that most of the gun play involved the marshal and my grandfather, giving Paul time to raise the rifle and aim. The thirty three year old marshal, being an adult in a position of authority, as opposed to the Bufords who were 24 and 19, probably assumed he could intimidate them and, knowing his authority gave him the right to shoot, fired first. It is one of those choices in life that turned out not to have been the best of all available. ========= These are transcripts of the original newspaper articles. I have corrected obvious typos, but not grammatical errors, noting periodically with "sic" when the word in question is the journalist's mistake. My comments are bracketed with <>. ========= BENNINGTON TRIBUNE Vol 9, (Friday) July 26, 1912 CITY MARSHAL PARISH KILLED Met His Death Early Monday Morning at the Hands of the Buford Boys Near Wade Jas. Parish, City Marshall of this city, was shot and killed Tuesday morning, and one of his slayers are expected to die. The trouble started over a law suit wherein John Brewer sued Sam Buford for damage for one of his mules cripling a colt of Brewers, which came up in Judge Turpins court, which the Jury returned a verdict, giving Brewer judgement for $35,.00 damage, and the cost naturally fell for Mr. Buford to pay, which amounted to $107.75. Execution papers was issued June 28 and placed in the hands of Jas. Parish to serve which he served and returned and property was found. On July 18 execution papers was issued again, and again turned over to Parish to serve, which he served Tuesday morning, telling Mr. Buford he had come after his cattle. Mr. parish accompanied by Abe Winters went tot he range and got the cattle and started to town with them, after going about a mile they was overtaken by Iman and Paul Buford, sons of Sam Buford, both with guns, one a shot gun the other a winchester. They stopped mr. Parish and told him he had started with something he would not get there with. Jim demanded them to put up their hands and they refused to do so, several shots were fired. Iman Buford received a wound in his right breast just below the niple, and little hope of his recovery is entertained. Mr. Parish received shots from both guns, the winchester shot being the fatal shot, entering just behind his right ear and coming out of his left ear, his face was literally covered with small shots, some few entering the back. Abe Winters who was with Parish came to the nearest telephone and notified Judge Ellis. News spread all over town in a short time and all that could get away went to the place of the killing. Mr. Parish was brought to town and take to Mhoon & Stewards undertaking room where he was examined by Dr. R. M. Parish. Paul Buford, the boy that had the winchester was arrested by Ott Eudy and was brought to town and carried to Durant on the evening train, the other Buford boy was taken to his home where the doctors dressed his wound. That evening Constable Lige Shoemake and Deputy Sheriff Lambright went back and arrested Sam Buford, the father of the Boys. ========= DURANT DAILY DEMOCRAT Wednesday, July 24, 1912 NEWT BUFORD IS PLACED IN JAIL PEOPLE OF BENNINGTON WERE CONSIDERABLY WORKED UP OVER KILLING Newt Buford, one of the brothers who participated in the shooting near Wade yesterday morning, when City Marshal Parrish of Bennington was killed and Iman Buford was dangerously wounded, was brought to this city yesterday evening by Deputy Sheriffs Perkins and Patillo, and was lodged in the county jail to await an examining trial. The father, Sam Buford, was arrested today, and will be brought to the city tonight. From the information we can get the facts in the case are about as we stated yesterday with the exception that it was Iman who was shot instead of Newt Buford. After the city marshal had been given the papers to attach the cattle he wen to the home of John Brewer, near the place of the shooting, where he remained all night. Yesterday morning, in company with Mr. Brewer and Abe Winters, he went to the home of Mr. Buford, got the cattle and started on his return to Bennington. When the party was a short piece from the home place they were met in the road by Newt and Iman Buford who told them that they could not carry their cattle off. The young men were armed, one with a double barrel shot gun and the other with a winchester. Seeing that the boys were armed, and intended to do him harm, the officer threw his gun on them and told them to throw up their hands. As the officer did this the firing began. At the time of the shooting the boys were in front of the men. It is not known positively who fired the first shot, but the right hand in which Parrish carried the gun, was full of shot ans was also his arm, face and right side, which showed that as soon as he threw his gun on the boys they began shooting. The shot that caused the death, no doubt, of the officer was fired by a winchester rifle, but it is not known which of the boys had the winchester, conflicting statements having been made in regard tot his. When the winchester was discharged Parrish fell from his horse a dead man, not living long enough to make any sort of statement. When the officer threw his gun on the two boys and ordered them to hold up their hands, and as they began to shoot, he fired two shots, one of the balls entering the right breast of Iman Buford, and dangerously wounding him, while Newt escaped without injury. Large crowds went out from Bennington to accompany the body of Parrish back to town, where a sorrowing widow and several little children were sadly awaiting the returning of the body of their husband and father. The Buford boy was taken to his home and given medical attention, but attending physicians say that there is no possibility for his recovery and that it is only a question of time before he dies. Newt Buford was placed under arrest and brought to Bennington that afternoon, where he was lodged in jail. The officers were intending to got to Boswell, where they intended to get the person who did the shooting in Overland Sunday night, but as there was so much feeling against the Buford boy in Bennington they decided that it would be best to bring him on to Durant for safe keeping. During the afternoon much talk was indulged in against the prisoner and if he had been left in Bennington last night there might have been serious trouble. Parrish was one of the most popular officers who ever served the people of Bennington, and stood high in the estimation of everyone in the community and his untimely death will be regretted by everyone who knew him. A reporter interviewed Newt Buford in the county jail yesterday evening. He is a young man of slender build and is very unassuming. He das the appearance of an innocent country boy. When the reporter went in to see him he was sitting on the jail floor watching some of the old inmates of the jail play cards. He did not seem to be one bit worried over the killing or the wounding of his brother. He stated that he was 19 years of age, and that yesterday was the first time he had ever ridden on a train. He said that he had been to Durant but one time before, and that he had lived in the present community nearly all his life. When asked about this brother and told that he might die he remarked, "Well, alright, let him go." He said that this was the first time that he had ever been arrested and had never been in jail until he was brought here yesterday. During the last four years he has been to school only one day and was in th (sic) fourth grade when he left. He stated that he did not do the shooting, but did not state who fired the shot which killed the officer. In fact, he had but little to say in regard tot he killing and seemed not to care anything about it all, not even to ask about the condition of his brother. The entire trouble yesterday was over a judgement of thirty-five dollars secured against Buford by John Brewer. After the shooting the tow men who were with Parrish came to Bennington and gave the facts, and a posse went out after the body. Deputy Lambright went down this morning to arrest the father and also get the cattle that were attached. ========= DURANT DAILY DEMOCRAT Thursday, July 25, 1912 IMAN BUFORD IS STILL ALIVE FATHER AND SONS WILL HAVE THEIR EXAMINING TRIALS NEXT WEEK Sam Buford, charged with his two sons, Iman and Newt. Buford, with the murder of City Marshall Parrish, of Bennington on Tuesday morning, was brought to this city last night and placed in the county jail. The condition of Iman Buford is serious, but he continues to live. Hope for his recovery is now entertained. The father was arrested for being an accomplice to the murder in that he was one to urge the boys to do the killing. The examining trials will be held next Wednesday and Thursday before Justice Terpin of Bennington. The defendants have engaged the law firm of Utterback, Hayes & MacDonald to defend them. ========= DURANT DAILY DEMOCRAT Friday, August 2, 1912 BOUND OVER TO THE GRAND JURY SAM BUFORD DISCHARGED FOR WANT OF EVIDENCE AT BENNINGTON YESTERDAY. In the examining trail at Bennington yesterday of Sam Buford and son, Newt, charged with the killing of City Marshal Parrish of that place, Judge Terpin discharged the father for the reason that there was not sufficient evidence to hold him. The son was bound over to await the action of the grand jury. He was returned to the county jail last night. Iman Buford, the wounded son, was unable to attend the trial and his examining trial was postponed until a later date. ========= DURANT DAILY DEMOCRAT Tuesday, September 17, 1912 BUFORD BOY PLACED IN JAIL CHARGED WITH THE MURDER OF CITY MARSHAL MARSHAL (sic) OF BENNINGTON. Paul Buford , the young man who is charged jointly with his brother, Iman, with the killing of City Marshal Parrish, of Bennington, which occurred at Wade, some time ago, was arrested at his home yesterday and brought to this city and placed in the county jail. It will be remembered that the young man was so seriously injured in the shooting that it was impossible to bring him to Durant at the time of the shooting. He has so far recovered that he is able to be out and walk abroad, and he was placed under arrest. ========= BENNINGTON TRIBUNE September 20, 1912 Placed in Jail Paul Buford was taken in custody by the officers Monday and taken to the county jail at Durant. The young man is under the charge of shooting City Marshal Jas. Parrish near Wade some time ago. He was seriously injured in the fight and up to this time has not been able to be taken to jail. While he is able to walk around he is still very weak. ========= DURANT DAILY DEMOCRAT Tuesday, September 24, 1912 BIG BOND ALLOWED I. BUFORD YOUNG MAN CHARGED WITH KILLING OFFICER PARISH UNDER $10,000 BOND. Yesterday afternoon District Judge Ferguson heard the habeas corpus proceedings sued out by Utterback, Hayes & MacDonald, on behalf of their client, Iman Buford, which is charged with murder, and who applied for bond. After hearing arguments, Judge Ferguson granted bond to the defendant in the sum of $10,000. Up to this time Buford has been unable to make the bond, but it is thought that he will be able to make it shortly. Iman Buford is charged by the state with having murdered City Marshal Parrish of Bennington, when that officer went to attach some cattle that had been sued on in justice court. ========= DURANT DAILY DEMOCRAT Saturday, December 21, 1912 JURY STOOD SIX AND SIX, DISCHARGED WERE UNABLE TO AGREE IN THE BUFORD CASE; DELIBERATED 36 HOURS. After deliberating for nearly thirty-six hours and taking many ballots, the jury in the case of the state vs. I. C. and Paul Buford, announced to Judge Hatchett at nine o'clock last night that it would be impossible for them to agree and accordingly the jury was discharged. The jury had deliberated in the case since Thursday evening about seven o'clock, and since that time they had never been near rendering a verdict. On yesterday morning the jury announced that they stood seven to five, and it is state by the foreman that the seven were for acquittal, but during the day one of the jurors changed to a verdict of guilty. About six o'clock last night the foreman announced that they could not agree, but Judge Hatchett gave them a talk and they were sent back. After reporting again that it would be impossible to agree, he discharged them from further consideration of the case. The foreman, W. H. Creswell informed a Democrat man this morning that the six men who held out for conviction were favorable to returning a verdict of manslaughter, and assessing the minimum penalty, which is four years. But the other six could not see it that way. Following is the list of the jury: W. H. Cresswell, foreman; Henry Hindon, A. S. Lawlus, T. B. Kite, H. D. Neely, J. W. Crawford, W. J. Conn, J. M Yarborough, W. E. Pate, S. Knight, J. C. Haded, and J.M. Wilcox. The gun fight, between Wade and Bennington, on July 24, in which Jas. Parrish, town marshal of Bennington, was shot dead and I. C. Buford, one of the assailants, shot through and through, will long be remembered by the citizens of the county. Parrish and gone to the Buford home with an execution to levy on some of Sam Buford's cattle to satisfy a judgment from Justice Turpin's court, totaling about $35. Abe Winters went with Parrish and they started back with the cattle, when they were followed by I. C. and Paul, two sons of Sam Buford, and the shooting, which resulted in Parrish's death and the wounding of I. C. Buford, resulted. Abe Winters fled when the trouble began, and told the story in Bennington, and Paul Buford was arrested by Deputy Lambright the next day, and I. C. Buford was left home until he recovered form what was thought to be a fatal wound. The trial has drawn large crowds to the court house almost every day since it started, and much interest was created. ========= DURANT DAILY DEMOCRAT Tuesday, May 20, 1913 [ The case, not being settled due to a hung jury, was rescheduled for June, 1913. The paper notes that it is an especially heavy docket for the month. Four murder cases were docketed, including that of Iman and Paul. Of interest are also two cases of the State against Ben Risner, future well known Sheriff of Bryan County. One case is for "assault to do bodily harm" and the other for "maiming," the only two such charges on the docket. Both could have been assault against the same individual. There are also 7 "assault to kill," one by a woman, 4 "rape," (two of them "2nd degree), 3 "riot," 2 "burglary," one by a woman, one "larceny of domestic animals," one "obtaining goods under false pretenses," and one "grand larceny." Seems the preponderance of criminal cases were for violent crimes, 16 vs. 5 non-violent.] ========= DURANT DAILY DEMOCRAT June 11, 1913 BUFORDS ARE TURNED LOOSE BY THE JURY VERDICT OF NOT GUILTY RETURNED IN NOTED MURDER CASE. At 3:30 o'clock this afternoon the jury in the Paul and I. C. Buford murder case returned a verdict of not guilty. The case went to the jury last evening. At noon today the jury asked for further instructions, which were given by Judge Hatchett at 2:30. This ends one of the most noted murder case that has been tried in the Bryan county court for many years, able counsel being engaged on both sides of the case. The defendants were represented by Utterback, Hayes & MacDonald, and the state by County Attorney Turnbull and Assistants Grey (sic) Moore, and Hon. Chas. E. McPherren. ========= DURANT DAILY DEMOCRAT Date unknown BUFORD CATTLE ARE REPLEVIED BY MRS. BUFORD Constable Serner returned last night from Bennington, where on yesterday he replevied cattle that caused the killing of City Marshal Parrish, of Bennington. The replevy was sued out by Mrs. Sam Buford, mother of the boys who are charged with the killing. She alleges that the cattle that were attached were her property and did not belong to her husband. The case will be heard in Justice Woodward's court upon its merits on the 12th of this month. --------------------------------------------------------------------- Return to Bryan County Archives: http://www.usgwarchives.net/ok/bryan/bryan.htm