Creek Nation, Indian Territory -- Escape of Brassfield Submitted by Bobby J. Wadsworth bobbyjay@flash.net ----------------------------------------------------------------------- USGENWEB NOTICE: In keeping with the USGenWeb policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. ----------------------------------------------------------------------- * * * * * U.S. vs A.B. (Abner) BRASSFIELD & S.P. (Perry) BRASSFIELD ^× 1893 The following information was transcribed from records of the United States District Court, Western District of Arkansas, Fort Smith Division ^× Jacket No. 239 ^× on file at the National Archives, Southwest Region (NRFF), 501 West Felix, Fort Worth, TX, 76115. * * * * * THE WESTERN UNION TELEGRAPH COMPANY Received at 10:40 a ~ 7/21/1893 To G.J. CRUMP ~ Ft. Smith, Ark. Brassfield escaped this morning : send writs for A.B. and Perry BRASSFIELD charged with assisting him to get away : Perry BRASSFIELD give [sic] him a pistol with which he shot at Marshal DEERING three times : witnesses Lee STIDHAM & Steve ROGERS : have parties arrested : wire instructions Grant JOHNSON [Deputy U.S. Marshal] * * * * * United States of America Western District of Arkansas Before James BRIZZOLARA, United States Commissioner. United States vs. A.B. BRASSFIELD & S.P. BRASSFIELD On this 24 day of July 1893 came the United States of America, the Plaintiff in this cause, by ... U.S. Attorney, and the defendant in their own proper person, in custody of the Marshal and by their Attorneys Mssr BARNES & CRAVENS when the following testimony was heard and proceedings had, to-wit: Andy DEERING being duly sworn, deposes and says: I reside at Eufala [sic] I.T. and know the defendants in this cause ~ I am Deputy U.S. Marshal for this District : am riding with Grant JOHNSON who is also a Deputy U.S. Marshal for this District : we had Abner BRASSFIELD under arrest for murder [?] under a requisition from the governor : I was sitting there at post office at Eufala with the prisoner & Defts [defendants] came up : Deft S.P. BRASSFIELD came up & sat down by him : the other Deft sat down to the right of me : Deft S.P. BRASSFIELD was talking to prisoner & I just raised up to get my grip that was sitting inside of P.O. door & just as I turned around I saw Deft Abner BRASSFIELD raise up his hand : I just whirled around to the prisoner : he was just raising up then & I spoke to him to stop & he pulled a pistol around from between him & his father S.P. BRASSFIELD : he whirled & shot at me : I shot at him : I shot twice : he shot three times I think : could not tell what Defts did during the shooting : the man ran off : he was unarmed when he was there with me : this was at Eufala I.T. I am not a citizen : this was on the 21st day of July A.D. 1893 : this was about __ o'clock in the morning : when Defts came up [I] never noticed if they had any arms. CROSS EXAMINATION ^× We arrested prisoner at Brooken I.T. : we arrested him at a dance in Brooken I.T. : I was with the prisoner all the time : they had no private conversation : Deft Abner had no private conversation with prisoner : they [sic] Defts were both together when they came up : Deft Abner had his coat on prisoner had on no coat : it was a large pistol the prisoner had : I saw Deft Abner raise his hand & nod his head : I thought he motioned to prisoner with his right hand & I whirled : I was facing west : Deft Abner was arrested in an hour & a half after this. J.W. RIMMER duly sworn says : P.O. Eufala I.T. : know Abner BRASSFIELD do not know other Deft : I was on horse when shooting occurred : P.O. was in back and I never saw any of the shooting : when first shot fired Deft Abner fell or rolled off porch : Seen Deft Abner make a motion to prisoner & in half a minute shooting commenced. CROSS EXAMINATION ^× Abner BRASSFIELD I think was sitting on a box or chair ____ of window : window is on ____ side of door : I was looking right at him when he made motion : did not see his hand : he made motion with his head shoulders & body. James ANSIEL duly sworn says: P.O. Eufala I.T. : know Defts : I seen shooting : I was sitting on porch at P.O. : Defts were sitting there also : DEERING made a step in Post office : S.P. BRASSFIELD was sitting by prisoner & prisoner moved & came around with his hands from between him & S.P. BRASSFIELD & he, prisoner, had a pistol in his hands : he got up & stepped of [sic] the porch & went about three steps & shot at DEERING : when prisoner moved his hands from between him and S.P. BRASSFIELD about the time he went to get up [I] seen pistol in prisoner's hands. CROSS EXAMINATION ^× Deft Abner was sitting on a wheelbarrow on north west corner of porch : I was sitting to right of door on a stool : Mr. DEERING was sitting at my right : Deft S.P. BRASSFIELD was sitting to left of door near butcher shop door : I never seen Abner do a thing : if he was armed I did not see any arms : S.P. BRASSFIELD came into the office & squatted down in Post office in front of where they get the mail. L.G. STEADHAM duly sworn says: P.O. Eufala I.T. : know Defts when I see them : I seen prisoner & his father talking together at one end of porch & when he got up I seen prisoner with pistol in his hands : did not see Abner do anything. CROSS EXAMINATION ^× first I notice of Defts, they were on porch : S.P. BRASSFIELD & prisoner sat down by door of butcher shop on porch : S.P. BRASSFIELD was squatted down there : prisoner's back was kind of towards north & his back kind of towards the south : I did not see Abner do anything : he came up with pistol from between him & his father : he held it with both hands & kept it in front of him & stepped right off of porch on south side : as he stepped off Abner was off north of him. S.A. ROGERS duly sworn says: P.O. Eufala I.T. : know Defts when I see them : seen Deft S.P. & his son sitting on porch : Deft Abner went on off to post office while I was sitting down in front of GRAYSON store : all at once I seen prisoner come up with his hands with a pistol in his hands from his left side : the old man was kind of on his right side : do not know where he got pistol. CROSS EXAMINATION ^× prisoner's father had got there before Deft Abner & I did : do not think Abner spoke to prisoner. July 25/93 Abner B. BRASSFIELD duly sworn in his own behalf says: I am cousin to prisoner who escaped : I reside at Brooken I.T. : am running store at Brooken I.T. : Brooken is 13 miles [east] from Eufala : I was in Eufala when he escaped : I went to get a load of goods : I went 8 miles by myself & then in passing Deft Perry BRASSFIELD I saw them there : but I never stopped one minute : I never got of [sic] my horse : I was horseback : Perry was on a mule : I never spoke to Perry : S.P. BRASSFIELD is my uncle : I made no signs or motions with my head or hands : I only passed prisoner & said good morning to him : I knew of no plan to get him away from Marshal. Abner BRASSFIELD discharged; other Deft held. * * * * * It appearing from the foregoing evidence to the satisfaction of the Commissioner that the offense with which the said S.P. BRASSFIELD is charged has been committed, and that there is probable cause to believe him guilty thereof, it is ordered that he find sufficient bail in the sum of seven hundred & fifty dollars for his appearance at a District Court of the United States, for the Western District of Arkansas, to be holden on the 9th day of October 1893 at the United States Court Room, at Fort Smith, in said District, to answer said charges, and that, in default of finding such bail, he stand committed. /s/ James BRIZZOLARA, U.S. Commissioner * * * * * In the District Court of the United States For the Western District of Arkansas United States ^× Plaintiff } vs. } S.P. BRASSFIELD ^× Defendant } APPLICATION FOR WITNESSES The defendant states that he is charged by indictment pending in this court with an escape, in assisting Abner BRASSFIELD, Jr., to make his escape from a deputy marshal at Eufala [sic], in the Indian Territory and the following named persons are material witnesses for his defense: Abner B. BRASSFIELD, Sr. Brooken, I.T. Houston HUBBEL Eufala, I.T. Mary A. McFARLAND Eufala, I.T. Mary A. STUBBS Eufala, I.T. Charles HARRIS Eufala, I.T. ______ JONES Eufala, I.T. By Abner B. BRASSFIELD, Sr., and Houston HUBBEL he can show that on the morning of the day on which Abner BRASSFIELD, Jr., escaped from the officer that they went to Eufala with this defendant; that this defendant had no pistol, or weapon of any kind, but was entirely unarmed. By Mary A. McFARLAND and Mary A. STUBBS he can show that they were at the house of this defendant at the time that Abner BRASSFIELD, Jr., made his escape at Eufala from the officer, and that the pistol which belonged to Abner BRASSFIELD, Jr., was then at the house of this defendant, five miles or more from Eufala; and that this defendant did not carry it to Eufala when he went up there after his son's arrest. By _____ JONES, whose first name is unknown, who lives at Eufala, I.T., he can show that he saw this defendant in conversation with his son Abner BRASSFIELD, Jr., at Eufala shortly before he made his escape, which was the only conversation the defendant had with him; and that this defendant did not deliver him any pistol, or any weapon at all at that time. By Charles HARRIS he can show that on the morning that Abner BRASSFIELD, Jr., made his escape he saw said Abner BRASSFIELD, Jr., walking around among some horses saddled and hitched to the rack at Eufala, and that the said Abner BRASSFIELD, Jr., had an opportunity to obtain the pistol which he had at the time he made his escape. These statements he believes to be true and he is not possessed of sufficient means and is actually unable to procure the attendance of the said witnesses. WHEREFORE, he prays they may be subpoenaed at the expense of the United States. /s/ S.P. BRASSFIELD Subscribed and sworn to before me this the 10th day of October, 1893. /s/ H.A. WESTERMAN, Notary Public * * * * * 6 Feb 1894 We the jury find the defendant not guilty as charged in the indictment. L____ CLINE, Foreman * * * * * TRANSCRIBER'S NOTES: Sedrick Perry BRASSFIELD, son of Abner BRASSFIELD & Lucinda GEE, was b. 19 Jun 1838 in Livingston (now Grundy) Co., MO; d. 10 Sep 1909 in Fame, McIntosh Co., OK; bur. Fame Cemetery. He md/1 Polly SMITH, who d. c1859 in Newton Co., AR; md/2 Matilda GEE, 03 Jun 1860 in Newton Co., AR. Abner, the third of their 11 children, was b. 17 Jul 1868 in Newton Co., AR. This family moved to the Indian Territory (now Oklahoma) about 1891. Perry BRASSFIELD's nephew, Abner B. BRASSFIELD, was b. 1854 in AR; d.05 Apr 1909; bur. Brassfield (now Bower) Cemetery, Eufaula, McIntosh Co., OK. He md/1 Mary STANDRIDGE, 27 Jul 1876 in Newton Co., AR; md/2 Martha STANDRIDGE, 15 Feb 1881 in Pope Co., AR. Intruder records of the Creek Nation show that L.G. STIDHAM recommended A.B. BRASSFIELD as worthy of permit to remain in the Nation 02 Jan 1888.