United States of America Western District of Arkansas United States versus Sam and John MASSEY for the Murder of William Meredith YARBROUGH Submitted by Loeta Venable tomloeta@swbell.net -------------------------------------------------------------------------- USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ -------------------------------------------------------------------------- United States of America Western District of Arkansas United States versus Sam and John MASSEY for the Murder of William Meredith YARBROUGH March 12, 1888, in the Cherokee Nation, Indian Territory INTRODUCTION: At the time of the shooting, William Meredith ‘Bill’ and Texana Carolyn Gilmore Yarbrough lived near Muldrow in the Cherokee Nation, Indian Territory. They had five children. Their children were Louisa Elizabeth, age 14, Tom, age 11, John, age 7, Roy, age 3, and a one year old daughter named Maudie. Louisa Elizabeth had recently married defendant, John Massey. The murder trial of the Massey brothers was presided over by Judge Isaac PARKER but was judged by a jury. On December 8, 1888, after many statements from witnesses, jury foreman, J. W. Phillips delivered the verdict: We the jury find the defendants Samuel Massey and John Massey guilty of Manslaughter. The jury asked the leniency of the Court toward the prisoners. On January 15, 1889, Judge Parker ordered each of the Masseys to serve six years in the Arkansas State Penitentiary at Little Rock. Each man was also fined $300.00. Following the death of her husband, Texana moved back to Ellsworth, Logan County, Arkansas. On October 24, 1888, she gave birth to a daughter she named Mary Meredith, after her late husband. The ensuing trial records are compiled chronologically. Every effort was made to remain as faithful to the original copy as possible. A few of the words are omitted as the documents were written in long hand and the penmanship was difficult to make out. None of the wording was changed. NEWSPAPER ACCOUNTS: CREAM OF THE NEWS - A dispatch from Fort Smith tells of a shooting affray at Cottonwood, Cherokee Nation, on the 12, instant. William Yarborough shot a man named Sam Massey with a shot gun, part of the charge struck Massey's wife in the breast killing her. Massey then shot Yarborough and came in and surrendered himself. MURDERED IN THE NATION - Fort Smith, Ark: March 12. - A stockman named W. B. Yarborough was killed this afternoon twelve miles from here, in the Cherokee Nation, by Sam Massey, who immediately came to this city and surrendered to United States Marshall Carroll, who committed him to jail. Massey claims he had a bill of sale of some stock from Yarborough and went to the latter's ranch to get the same, when Yarborough shot at him, the bullet passing through his clothes. He returned fire and killed his man. The Purcell Register, March 17, 1888, Pg. 1, Col. 4, upper & lower. Oklahoma Historical Library. TERRIBLE TRAGEDY FROM MULDROW - A Growing City - Muldrow, March 12, - since my last our town has continued to grow both in population and business. The Watts brothers are doing a lively business and a few days ago shipped the first bale of cotton over this branch of the Missouri Pacific. Mr. Cal Carter has had a serious spell of pneumonia, but is able to be on his pegs again. We now have a daily mail each way. Mr. W. O. Bruton is postmaster. The depot and stationhouse is in a fair way of completion, and before long we shall be in a fair way to compete with our sister railroad towns. We regret that we are compelled to chronicle a bloody tragedy that occurred in this neighborhood this morning. William Yarbrough and Sam Massey had a quarrel over some financial affairs, which ended in the latter shooting and instantly killing the former. The fatal bullet struck Yarbrough in the neck, breaking it. One shot also struck him in the left arm and one in the left hand. Mrs. Yarbrough was also shot during the fight and dangerously wounded, the bullet fracturing her skull. Dr. Adams, her physician, says she may possibly recover. With best wishes for the welfare of the Elevator, the liveliest paper in the Southwest, I will close, Yours, Zip U. S. Court Proceedings: (second article, same newspaper) A TERRITORY TRAGEDY - In our Indian news column, our Muldrow correspondent mentions the killing near that place on Monday last of William Yarbrough and the wounding of Mrs. Yarbrough by Sam Massey. The latter surrendered to U. S. Marshal Carroll late on the day of the killing and since then John Massey, brother of Sam, and John Q. Lankford have been arrested as accessories to the killing. It appears Yarbrough had given Massey a bill of sale of some cattle, and a misunderstanding arose between them in regard to the amount of money that had been paid, Yarbrough refusing to turn over the stock, but offering to le(illegible) settlement of the matter to arb(illegible). On Monday Massey armed with a (illegible) barrel gun and accompanied by his (illegible), John and Lankford, both armed (illegible) shooters. Langford having been employed to assist in driving the cattle rode over to Yarbrough’s for the purpose of taking the cattle. Yarbrough who was near his house working on a fence, saw them coming up and started into the house, when Massey requested him to hold up. He did not do it, but on the contrary entered the house and seized his shot gun. Massey had taken refuge behind a tree in front of the house, when as he claims, Yarbrough shot at him. Mrs. Yarbrough was stooping down in the door picking up one of her children when the shooting began and one of the buckshot wounding her severely in the head. Her statement is that Massey fired the first shot. An examination of the premises indicates that Massey fired both barrels of the gun, as twelve shot can be counted inside the house and twelve struck the house near the door facing. John Massey is said to have fired one shot with his pistol, but, Lankford did not shoot. After the killing Massey drove the cattle away and then came in and surrendered. It is about 20 miles from here in the Cherokee Nation where the tragedy occurred. The Fort Smith Elevator - Friday, March 16, 1888, vol.10, No. 20, pages 2 and 3. Oklahoma Historical Library. William Yarborough, living in this Nation near Fort Smith was shot and killed last Monday by Sam Massey, who at once gave himself up. The difficulty arose about some stock. Yarbrough fired at Massey, putting a ball through his clothes, and the latter returned the fire and killed his adversary. The Vinita Indian Chieftain - March 15, 1888, p. 3, col. 2, Oklahoma Historical Library. Chronology of Trial Proceedings: March 12, 1888 - Western Union Telegraph issued by D. P. Yarbrough: THE WESTERN UNION TELEGRAPH COMPANY - received at 2:30 pm on March 12, 1888 to Marshal Carroll: Sam Massey John Massey and Langford killed Wm Yarbrough and wounded wife Issue units and look out for them on way to Ft smith D P Yarbrough March 13, 1888 - Sam Massey, John Massey and one Lankford charged with crime of murder. March 13, 1888 - Subpoenas issued to Joe Stewart, J. A. Christian, R. B. Jenkins, Stokely Oliver, D. P. Yarbrough, Dr. Adams, Jeff Watts, George Oliver. March 14, 1888 - John Massey, Sam Massey and J. Q. Lankford brought into custody of U. S. Jail in Fort Smith. March 15-19, 1888 - Statements given to Commissioner James Brizzolara: United States of America Western District of Arkansas United States versus John Massey, Sam Massey and one Lankford for Murder. On this 15th day of March, 1888, came the United States Of America, the Plaintiff in this cause, and the defendants in their own proper person, in custody of the Marshal and by their attorneys; Mep, Marcum and Grace when the following testimony was heard and proceedings had, to wit: D. P. YARBROUGH being duly sworn says: I know defendants when I see them. William M. Yarbrough is my brother, he is dead. I reside about three miles from Muldrow on the Weaver farm. On the 6th day of March 1888, Sam Massey and Lankford rode up to my brother’s about morning. Sam said he believed he would take them cattle. My brother said he was not willing to give them up. Sam said him and John Massey had divided the cattle up. My brother further said that he would leave it to the People in the Cherokee Nation and said if they would get them by law and they said so, he would give them up. Sam said, "You said you are not willing to give them up." And Sam said, "All right, I will have the cattle in spite of Hell or high water." Defendant Lankford and Sam Massey left then. Masseys claimed to have a bill of sale against the cattle. My brother claimed to have paid them already more than he justly owed them, that the Masseys had no bill of sale nor no right to them cattle. Deceased claimed to have got cattle from some man in Johnson (County, Arkansas). He drove cattle up with him from Johnson County. They never got down from their horse. Sam spoke very rough to deceased. On the 12th day of March, Sam Massey and Mr. Lankford returned and John Massey was with them. They came horse back. My brother was in new ground about 76 yards from house hauling a load of poles. He was loading them on wagon, he seen Massey boys a coming. Sam Massey and John were armed. They both had six shooters buckled around and Sam had a shot gun. They had the two cows a riding in front of them. Lankford was coming in behind them. Do not know if he was armed. When he came within 80 yards of house he stopped on his horse. Sam and John Massey rode on towards house and my brother was just going into the door when Sam Massey hollowed, "Hold up," at him and deceased looked back and at this time Sam had his gun in a position like he was fixing to shoot and my brother had his gun lying up on a rack on side of house and he took his gun down and came back to door with it. Sam jumped off his horse and run in behind a black jack tree. John galloped up close to house sort of round to side of house sort of closer than Sam Massey was. Yarbrough’s wife called at her husband not to shoot. He said, "Hold on Ma, I am not going to shoot first." And just at this time one of the little children was coming in to the door and Mrs. Yarbrough jumped at the child and stood in the door and reached out and was pulling him in the house to keep him from being shot and just at this time Sam Massey shot and a bullet struck Mrs. Yarbrough right in top of head and came out on bottom part of her head. One shot struck my brother in hand and came out close to wrist and two shots struck him just below elbow in left arm and one shot struck him above elbow and that sort of jarred him back and he sort of fell back from that shot and there was a bullet struck him in the neck and just about this time as he fell back his gun shot off. John Massey at the same time deceased gun fired, fired his pistol. I was coming on to house to help my brother and Mrs. Yarbrough in their wounds. Sam Massey said, "Stop there, you are his brother and if you just move, I will kill you." He said, "I guess I killed Yarbrough, I shot to kill him and I guess I killed him." Sam Massey pulled out his pistol then and John Massey came down towards me with his pistol in his hands. I said, "I am not bothering you men, and I want to go to the house." Sam Massey cocked his pistol and said, "Did you say you did not want anything to do with us?" I said, "No, I said I was not bothering you men and I want to go to the house." He told me again if I just moved he would kill me and John Massey was driving up and down the path cursing the children and making them drive the calves out of the lot. Then Sam Massey went up towards house and I went to Joe Stewart’s about 150 yards from where I was at. I could not go to the house because they would not let me. I was afraid they would kill me if I went to the house. That is what they said they would do. Lankford drove the cattle by Stewart’s. When Sam jumped off horse Lankford caught his horse and held it. Sam and John Massey went around above Stewart’s house and did not come the lane. Sam Massey stopped at end of a little lane and called to Mr. Stewart to come to him, that he wanted to talk to him and I went then back to my brother’s and my brother was lying on the floor dead. His wife was taking on, calling for help. They came riding up about eight o’clock in morning, I was about 100 yards from house when shooting took place. I seen them pass Stewart’s as I was there I thought something was up and I started for house. Lankford remained where he stopped. Sam’s horse came down by him and as he passed him, he caught him. I seen him fix to shoot but did not see him shoot. I seen the smoke from his gun at this time my brother was in the door with his gun in his hands with the stock at his side and the muzzle up. The gun was pointed up but was not pointed at Sam nor John at all. Sam fired the first shot, it was turkey shot in the arm of my brother. I did not see John fire. I did not see John draw his pistol. Seen John with pistol in his hand when he came to me after the shooting. There was one shot fired single and then two shots fired together, made three shots. I could tell by the sound of the last that it was two guns fired. When the first shot fired, Mrs. Yarbrough was standing in door trying to get the children in, pulling them in. Deceased was kind of back of her and sort of to the side of door. He was standing in plain view of Sam Massey. Nobody but the family Mr. and Mrs. Yarbrough and children, the oldest of them is nine years old. She was trying to pull in Roy, a boy about 3 years old. Do not know how deceased came to owe Massey. Deceased was living at place he was killed. This was in Cherokee Nation. Deceased is a white man. Mrs. Yarbrough is still alive and conscious most of the time. Never spoke to defendants after they left. CROSS EXAMINATION-I was there on the 6th of March. I was standing in the yard. Seen them come and seen them leave. I came to my brothers last Saturday a week ago from Johnson County, Arkansas. This was the first time I had ever been in that part of the country. My brother came up to this country last summer. Sam Massey said he came and laid around there and got some of his money. Deceased never said yes or no to this. On the Sunday before the 6th of March last we met John and Sam about two miles from deceased house and they took deceased off to one side and had a talk with him. But do not know what passed. They went off from me about 20 steps. Joe Stewart was along at the time with my brother and I. I went home with my brother. Sam said that the yearling we were hunting for was at his house and there was no use for us to hunt for it. My brother never told me what they were talking about. Deceased said he would rather be cursed and die as to have his children robbed in that way. The Masseys did not claim on the 6th to have a bill of sale of the cattle, but claimed it on the Sunday before the 6th. I never heard both say they had bill of sale of the cattle, only John Massey claimed to have bill of sale. I do not know where or when it was that my brother claimed that Massey had no bill of sale to the cattle. Lankford did not do or say anything to my brother on the 6th or 12th of March, 1888. It is about a little over 200 yards from my brother’s house to Stewart’s. It is woodland between my brother’s house and Stewart’s. I went to Stewart’s that morning about sunup to work . I walked there. I went to pile brush. I was piling brush about 75 yards from Stewart’s house when defendants passed. My brother’s is north of Stewart’s. I was in field, no one working with me. I walked back to my brother’s. Defendants were riding fast. I went within 40 yards of Stewart’s house before I went to my brother’s. Had to go this way to get across fence. You can see Stewart’s house from my brother’s. I went up pretty fast. I was not armed. I went up there just to see what was going to be done. They were going in such way as lead me to believe there would be trouble. I went the straight path, through timber. I could see the house plain but did not see my brother fall. I was watching the Massey boys. There was a small branch in about 10 or 15 feet ahead of me. When shooting occurred I never stopped, but looked up. She was pulling child in the door when the first shot fired. I did not see Tom and John, the deceased’ sons at time of shooting and do not know where they were. My brother had his gun in his hand with breach down and muzzle up. Deceased was not squatted down. She went out in yard after the shooting. At firing of first shot she was in the door. After first shot she was in house. I was 100 yards away straight in front of door. Sam Massey was between me and the door. Deceased gun fired up and it fired as he fell. I started to the house and they stopped me. There were two distinct shots. I heard three shots in all. I cannot say that Sam fired two distinct shots. If Sam fired two shots he fired both barrels at once. When the shooting quit Mrs. Yarbrough went on about it. They were there 15 or 20 minutes after the shooting. I got back to Stewart’s before they called Stewart to them. This is the only time they spoke to me that day when they stopped me from going to my brothers. I was standing at gate when they passed around Stewart’s. This was between 75 yards of me. They were 40 or 50 yards past Stewart’s going to my brothers before I seen them. When I seen defendants, Stewart was in field. Road runs by field. Sam’s right side was to my brother as he went to tree. John had galloped closer to house. John was sort of to one side. Sam hollowed at my brother. Deceased was just going into the door, he did not hold up but went on into house and came back with his gun. Sam was on ground when he told deceased to hold up. He was just about behind tree when he told my brother to hold up. My brother did not hold up, but went in the house and came immediately to door with his gun. He had one hand about the trigger and the other hand close up to muzzle. R. C. ADAMS duly sworn says: I reside near Camp Creek, Cherokee Nation. I was called to see deceased. One of Mr. Weaver’s boys came after me. I went down and found Mrs. Yarbrough in bed. She was wounded in head, on left side of head, ball came out about 2 inches from where it entered. Do not think ball penetrated brain. I supposed it was a buck shot. I found deceased dead. He had a shot between first and second fingers of left hand. Shot in neck. I supposed it was a buck shot. Took shot out (here witness ball taken out). I suppose the shot in neck was the shot that killed him. There was a wound about center of fore arm but did not examine wound. Think Mrs. Yarbrough will survive. I got there on the 12th of this month between eleven and twelve o’clock in day. CROSS EXAMINATION -Got no other balls. The place of entrance was in front and went backwards. According to the range of ball she was not standing erect, the way she was bullet glanced. She must have been stooping. I suppose it is more of a flesh wound. The skull might be fractured. Have been attending on her all the time except today. Her mental condition seemed to me all right as far as I know. The ball in neck was straight, it did not strike the artery. It struck the back bone. Ball was in bone and bone broken. The bone is on center of neck. Ball lodged in bone. He was lying on a bed when I got there. He was laid out. Seen where the floor had been washed about two or three feet from door. The ball between the fingers came out back of hand about 1 1/2 inches from point of entrance. JOS W. STEWART duly sworn says: I reside in Cherokee Nation. On 6th of March last I seen Sam and Lankford. They came and stopped at my house and warmed. They were there for some time. Nothing was said except general family talk. When they left, they went in the direction of deceased. They were horse back. They came back when they returned from Mr. Yarbrough’s in about a half an hour. Sam Massey said he had gone over to get his cattle but deceased would not give them up. He said he had a bill of sale of the cattle and was going to have them. They refused to get down and have dinner. They were there about 10 minutes and left. Seen them again on the 12th. John Massey was with them. I was at fence and they stopped and spoke to me. Sam, after he said good morning, asked me if deceased was at home. I told him he was in new ground or near home and he said that he was going after his cattle. John then asked me if deceased had my shot gun. I told him that he did not. I told him it was in the house in the rack. They turned and started to ride off and John made this remark, "It is a dammed good thing to you that your gun is at home." I remarked that I kept it at home only when I wanted to use it myself. Then they went on. Deceased’ brother was in same field, building brush heap. After they passed on, Pink Yarbrough started on over home. Just as defendants started off from my house I seen deceased at his wagon close to team. When they started off they went off in a lope or a pert trot. I then went into my yard. When they started they must have seen and met cattle. They were hollowing as though driving cattle. After they commenced hollowing they got out of my sight and I seen them no more until they got near deceased’ house. When I seen them again, Sam jumped off his horse. After he got off his horse he got in behind a clump of timber and I seen him no more until after the shooting was over with. John was running on his horse in direction of house about the time Sam jumped off. He went in behind grove of timber and that put him out of my sight. Lankford was behind the boys when Sam got off his horse. About the time I seen Lankford he caught Sam’s horse. I then moved from where I was standing to the door. I stood where I was until shooting was over. I seen young Yarbrough after he left no more until after the shooting. I could tell but two shots distinctly. They were in tolerable close connection. Could not tell from where shots were fired from where I was. Sam had been out of my sight a little bit before the shooting. Sam had a double barreled shotgun and a pistol belt around him. John had a pistol because I seen it. It was near enough in front that I could see it. Seen Lankford with no arms. This was about six - eight o’clock in the morning that I seen them going to deceased. In a short time after shooting young Yarbrough came back to my house. When he came back from house about the time he came up, seen defendants start from deceased before shooting or at time of shooting heard nothing said. After the shooting heard screaming and the boys whooped after or about the time they started. The last I seen of them the boys were driving off the cattle. Then I seen them no more until Lankford drove the cattle up into the lane to my house. Then I spoke to him and asked him if he knew where the boys were and who was killed. Lankford said he was awful sorry that it had happened and that he was with them. Do not think he said anything about who was killed. Think he said he did not know. I told him to stop and tell Mr. Christian to come up there and he said he would. While talking to him, seen the boys and when they got near lane Sam called to me and told me to come out there. I told him, I would not do it. I told him if he would come to lot gate, I would meet him there. He insisted on me coming, called me a time or two, I would not go and then I went to yard gate. He came in lane and I walked out in lane. He told me that he did not want to hurt a hair on my head. We kept sort of talking, he kept coming toward me and I towards him until we came close together. When Sam got near me he said, ‘’I have killed Bill." Bill shot the first shot and I reckon I killed him. I shot to kill him. John commenced talking and he was so excited or drunk he could not talk plain and I do not know what he said. I know part of what he said. He said that I had persuaded deceased from his place in the bottom and then he got talking so fast that I could not understand him. Then they started off and as they started off John said something about feeling like deceased had robbed him of his money. The difficulty between them appeared to be about some borrowed money. The money was borrowed by deceased to buy the over issue, the over issue I understood to be Greenback. All four went into this. We got a ___ and some news papers. By the four of us, I mean the defendants, John and Sam Massey and deceased and myself. It is claimed deceased borrowed $90.00. This was along last fall. Deceased gave them a bill of sale of his stock for $130.00 or thereabouts. Do not know if deceased had paid them anything. Deceased told me that he had turned over all the cattle except two cows and he wanted to keep them until fall and on the Sunday before the 6th, deceased told me that he tried to get Sam to let him keep the cattle and milk them until fall and Sam gave them no satisfaction. On the 6th, when deceased refused to let Sam have cattle, deceased told me that he felt that he had paid them as much or more than he owed them and that he was not willing to give up the other cattle without a settlement. That he was willing to leave it with one man, two men, or three men, or the whole Nation; that he wanted no trouble. We spoke about it several times and in all conversations he said he wanted no trouble. That he had a family to support and did not want to go to jail and wanted no trouble or to leave his family or to be hung. On the morning that he was killed he spoke to me again and said he wanted no trouble about it, that if the boys came, he would treat them with all respect if they would come friendly. That he would rather be dead than to have a gun broke over his head as Sam had one of his brother-in-law. CROSS EXAMINATION -Young Yarbrough was about 75 or 100 yards from my house, he was closer to my house than his brother’s. Do not know where deceased was when Sam got off his horse. Did not see deceased leave wagon. Sam was at end of lane when I seen deceased alive by the wagon. Cannot tell any distinction of the loudness of the ___. Lankford living on Massey’s place. I have an idea who done the whooping, from where was, it was a regular Indian whoop. They whooped when they were going to deceased that morning when they got to the lane. Sam was not excited. Deceased never claimed to owe him but $90.00 last fall. Deceased claimed to have been to New York(?). Deceased was the man that got up the whole thing about buying the money. He went himself and took the money with him. He brought back ten dollars. He had $400.00. Deceased was John Massey’s father-in-law. Deceased had two shot guns. Deceased never claimed to have any transactions with Massey after he gave the bill of sale. I seen and read bill of sale, it is somewhere between 300 yards from my house to deceased. The way deceased claimed he had over paid the Masseys. It is over 100 yards from Yarbrough house to branch. cause continued to March 16, 1888 March 16, AD 1888 J. A. CHRISTIAN duly sworn says: on the 6th day of this month Sam Massey came to my house. Mr. Lankford was with him and said he was going up to deceased for his cattle. He went on to deceased and in about an hour he came back by and said deceased would not give up his cattle. I said, "Sam, what is the trouble between you and Mr. Yarbrough?" He said, "It is for borrowed money that Mr. Yarbrough owes me." He said, "He borrowed from me $140.00 in gold." and he said, "He is now trying to beat me out of it. He gave me a bill of sale for this and he is using the money at the present time. I am going to have them cattle or die. I don’t expect to let fence down to drive calves out myself but I will have it done." This was all that passed between us. Lankford never spoke. On the 12th March last ,Sam, John and Lankford passed by and Sam called "Howdy" to me. They never stopped. In a short time after they passed I heard the shooting. When they passed I expected something of that sort to occur. I could not see any of the shooting. I was 1/2 mile from shooting on a direct line. I only heard two shots. The first was a small shot. The second shot was a very large shot as if both barrels of a gun had been fired. Could not distinguish sound of the gun. There was not a sound between the shots. They came back by where I was. Lankford was driving the cattle and before the boys. They came on in a short time afterwards in about 5 minutes. They came up to where I was, whooping and Sam asked me. "Jem, I want you to go up yonder and see what I have done." He said, "I had to shoot deceased this morning in defense of these cattle. I am afraid that I have killed some of the children. Deceased fired the first shot. I shot them in self defense. Mrs. Yarbrough came to door with blood on her hands. Yarbrough, damned coward, ran behind door and took draw on me." He said, "I want you to go up there and see what I have done." I said, "Sam I got nothing to do with this thing and I don’t want to go up there at all." He said, "Jem, if you don’t go and see what I have done, I can’t consider you a friend to me at all." I told him I did not want to have anything to do with it at all. Then they rode off. Lankford said to me, "Mr. Christian this a bad thing. If I had known that it was going to be the way it is, I would not have anything to do with it for a certain amount." The cattle stopped by me and he said he had to go and get some corn and he went off leaving cattle there as the Massey boys came up. Sam called to him to drive the cattle on and he came back and drove cattle on. I reside on Cherokee Nation. CROSS EXAMINATION -By the road I live 3/4 mile from deceased between deceased and Massey’s. In about an hour after the shooting I went over. Stewart came after me and I went. WILLIAM S. OLIVER duly sworn says: Knew defendants, the first I knew of killing I was working for Mr. John Price and Stewart came over there and informed us deceased had been killed and wanted me and Mr. Price to go up there. We went, found deceased dead, lying on the floor. Mrs. Yarbrough was lying on the bed. R. B. JENKINS duly sworn says: I reside in Cherokee Nation and knew defendants: On last Monday morning between ten and eleven o’clock I started from home and I had gotten 4 or 6 hundred yards from home when I heard some one whoop. I paid no attention to it at first, in a minute I heard whooping again. John and Sam Massey rode up and John, I think first spoke to me. He said, "Howdy, Bob" and then they rode up nearer and Sam spoke to me. I rode on with them and Sam said, I have very bad news for me. He said, "I had to kill Yarbrough this morning." I said, "You are joking! Yes, I shot Yarbrough and Yarbrough shot his wife." Then I asked, what caused the trouble and he up and told me about the bill of sale he had of the cattle for borrowed money, he had loaned deceased. I asked him how about it and he said it was about counterfeit money, that they all were into it. I asked Sam where Yarbrough had shot his wife and he said in the breast. That Yarbrough shot first and hit his wife and part of the load came on and hit him in the right sleeve. There was holes that like shot holes in Sam’s right sleeve, I think. Went to deceased that evening, there were shots in left hand side of the wall on outside of house and some shot holes in back side of house on the inside. Seen no shots in door. All these shots appeared to come from the outside. Sam said he killed deceased and John said he rode up near house and when he saw deceased was going to shoot Sam and he went to draw his pistol and it went off. There were two double barreled shot guns in rack at deceased when I got there. Sam, when I met them had no gun. Sam said they were coming to Fort Smith to give up, that they had killed him in self defense. CROSS EXAMINATION -It was between three and four miles from Yarbrough that we had this conversation. We rode about a mile together. D. P. YARBROUGH says: I found my brother’s gun setting by side of house on the inside and I picked it up and laid it on the rack. Whereupon defendant John Q. Lankford is discharged. JOHN Q. LANKFORD duly sworn says: on the 6th of March I rode over to deceased with Sam Massey under his employment wishing me to drive those cattle home. We stopped in going at Mr. Stewart’s, went on over to Mr. Yarbrough. Found him and his family at home. His brother also. Sam told him he had come over to look at them calves. Deceased walked up to pen with an axe in his hands. Sam said to him, "Bill, I reckon I will have to take them. These calves look mighty bad in this muddy pen." Deceased said to Sam, "I just tell you right now. I will be damned and go to Hell if I pay you airy another God Damned cent." Massey said, "You are not willing to give them up?" "No," he said, "I am not." Sam said that the lot fence would be throwed as high as a kite and turned around and rode off. Then on the 12th of March John and Sam both came to my house and got me to help and drive his cows home. We went on by Weaver’s and from there on to Stewart’s and we found Stewart in field at field gate. Young Yarbrough was in field. I was behind them and when Sam and John left and rid on I rid on after them. They got down near a little lane and met Yarbrough’s little boys coming driving cows towards Mr. Stewart’s. Sam and John turned the cows back. Sam took after one and John the other and left the road and went kind of through the woods at end of lane when they started cows back. I seen some man running towards house from a wagon in the field about 75 yards from house. He ran on to house as well as I could see. By this time I was at or near a little drain about 100 yards from house between Yarbrough and Stewart’s. The man went in to house. I could not see him anymore. The first thing I knew Sam was off his horse. I did not see him anymore. The first thing I knew Sam was off his horse I did not see him get off. I heard Sam say, "Hold, I do not want any fuss nor no shooting." Just in an instance a short space of time there was a shot fired out of Yarbrough house door. Then Sam Massey’s gun fired. John was up above on his horse while thisshooting was going on. Sam’s horse came by me and as I whirled to catch horse, John’s pistol fired. I did not see in what direction pistol fired. Then about time I headed horse, Yarbrough’s brother came up. Both boys told him to hold up that he could not come up there. Sam told him he wanted no more shooting that deceased had shot at him first and he shot to kill him and he guessed he had and made this young man go back. Then they told the little boys to drive the calves out of the lot. They did so. Sam said to me, "I want you to take cows home." I seen Mrs. Yarbrough when shooting took place, she was out on the yard to right of door about three or four steps. After Sam shot, she ran into house and shut the door. Then opened door directly afterwards and hollowed out that some body was shot and then got to screaming. Seen no blood on her before she went into house. She was on the outside when the shot from house was fired. CROSS EXAMINATION -I had not got to branch when I seen man running. I was about 25 or 30 yards from branch when I seen him running. At this time seen nothing of Pink Yarbrough. When they told him to go back, the Masseys were about 60 yards or 50 yards from branch. They tried to get Mr. Weaver to go with them over there to get cattle peaceably. THOS J. DIXON a witness on behalf of defendant duly sworn says: I reside in Cherokee Nation. Know defendants, knew deceased. I lived about 300 or 400 yards from defendants. I heard him say at my house that Sam Massey was a damned mean man. If ever he would crook his finger at him he would kill him. This was about one or two months ago. I told John Massey about it. CROSS EXAMINATION -Deceased to my remarks said he was going to do what he said, no one was present at time but me and Mr. Yarbrough. A. J. WATTS a witness on behalf of defendant duly sworn says: I reside at Cotton in Cherokee Nation. Know defendants. Knew deceased. Mr. Yarbrough got me to draw a bill of sale for him. I wrote it. John Massey and deceased were present. The bill of sale shown me is the bill of sale I drew and mark it ‘exhibit A’ and make same part of my deposition I witnessed bill of sale. Deceased told me he wanted me to write a bill of sale for $139.50, that he owed them $139.50 and he wanted to secure them. The cattle in bill of sale were turned over to Massey and the wagon also. I helped Massey take cattle up to the pasture. March 19 AD 1888 G. W. OLIVER duly sworn on behalf of Government says: I reside in Cherokee Nation. Know John and Sam Massey. I seen the Massey boys on the day of the killing but not before the killing. They came to my house. They were riding. John had a six shooter and so had Sam. Sam had also a double barreled shot gun. They rode up, I was standing at yard gate. They said they wanted me to go up to deceased to see if he had shot him. Sam said I shot him and maybe had shot some of his children. That he wanted to know and see what had been done up there and come back and report to him right there. I told him I would rather not. John said we have got a bill of sale of the cattle. Sam said he shot at me first. That he took the door falling on him and shot at him twice. Never spoke about deceased’ wife. Sam said that he did not know but what may be some of the children had got shot. Sam seemed anxious to know what had happened. I live about 1/4 of a mile from deceased, south of deceased. This was early in the morning. They were coming from direction of deceased’ house. Sam said he (deceased) shot twice. March 19, 1888 - Bond for Witnesses - Robert B. Jenkins, James A. Christian, David P. Yarbrough, Robert C. Adams, and Joseph Stewart. March 22, 1888 - Subpoenas issued to - J. C. Standifer and John Trammel. May 7, 1888 - Subpoenas issued to John Price and Noah Weaver. May 13, 1888 - Subpoenas issued to William Sherman and Col. Payne. May 15, 1888 - Subpoenas issued to Joseph Robinson and McEmmerson. May 18, 1888 - First Court - upheld charge of murder - continued to October 2, 1888: We the jury ask the leniency of the court toward the prisoners. J. W. Phillips, Foreman July 7, 1888 - subpoena issued to Mrs. Yarbrough. August 22, 1888 - Application for Witnesses. August 22, 1888 - Application for additional witnesses: To the District Court of the United States for the Western District of Arkansas United States v Murder John Massey Samuel Massey The Defendants, say they are indicted for the alleged crime of Murder in said court and that they cannot safely proceed to trial without the testimony of the following witnesses to wit; William Massey, John W. Lanford William Cherry M. J. Watts (name circled) A. J. Watts William Watts (name circled) Morgan Collins Bud Gough Mike Burges John Brady (name circled) R. B. Jenkins (name circled) Stoke Oliver Thomas J. Dixon Ryle Ross Thomas Durham Dr. Norton (name circled) J. W. Harris By William Massey they can prove that deceased admitted that he had borrowed money from the defendants and owed them for the same. By said Lanford they can prove that he was present at the time of the alleged killing and that the deceased fired the first shot at defendants. That t he deceased was off some 70 yards from his house and when he saw defendants coming he ran rapidly to the house and got his gun. That he Lanford was in defendants employ and had gone with them that morning to drive some cows home, defendant Sam told deceased just before he shot to hold up that he wanted no fuss and instantly deceased fired at defendant, Sam. By the said Wattses, Cherry, Collins, Gough, Burges, Ross, that they have known the character of the defendants in the community where they lived for many years for being hard working peaceable Law abiding citizens and that the same is good. By said Morgan they can prove that a few days before the killing deceased tried to borrow a pistol from him and said he intended to kill Sam Massey the next time he came after the cattle, they can prove the same by said Gough. By said Burges they can also prove that deceased a short time before the killing threatened the life of defendant Sam. By said Brady they can prove that when they or one of them whooped, on the day of the killing, and a short time afterwards, that it was done for the purpose of stopping Bob Jenkins whom they saw going ahead of them. By said Jenkins they can prove that the said defendant Sam a short time about one hour, after the killing he had bullet holes in his coat sleeve and defendant Sam said deceased had shot at him and hit him in the sleeve. By said Oliver they can prove that he heard deceased a short time before the killing say he had two shot guns and that he intended to make it hot for Sam Massey when he came back after the said cattle and that he was the first one to go to the deceased after the shooting. By said Dixon they can prove that some time prior to the killing, he heard deceased say that if defendant Sam ever fooled with him he intended to kill him. By said Ross they can prove that defendants claimed the cattle over which the difficulty occurred for several months before the killing. By said Durham they can prove that defendant John told deceased about a month before the killing that the said cattle were his and that of his co-defendant and that they had not yet divided them and that he, deceased, could take the cows and use them until defendants divided them. By said A. J. Watts they can also prove that he wrote and witnessed a bill of sale to defendants for the said cattle and saw said cattle afterwards in possession of defendant, John’s possession and that deceased told him that he had given the bill of sale to pay for borrowed money from defendants. By said Baily they can prove the bad character of deceased of being a bad, quarrelsome, overbearing man, that he knew in Arkansas where he once lived and knew him for several years. The whole of said Langfords testimony or the substance of it is contained in the examination before the commissioner in this case and the same is referred to and made a part of this application. There are many other things they expect to prove by said witnesses material to their defense besides what is here set out but they are not able now to give the same in detail. That said facts are true when proven. That this application is not made for delay but that justice may be done. That they have not the means and are actually unable to pay the fees of said witnesses. That said witnesses live - Langford 3 miles northwest of Muldrow, Cherry near Gov. Wattses, M. J. Watts six miles from Fort Smith, A. J. Watts at Cottonwood, William Watts at Muldrow, Collins at Muldrow, Gough eight miles north of Jo Bowers, Bruges at the same place, said Brady 6 miles north, Jenkins the same place, Oliver 3 miles north of Muldrow, Dixon 3 miles south of Gov. Watts, Ryles 4 miles north of Muldrow, and Parson Baily near Cottonwood. Wherefore they pray the court to grant them a subpoena at the expense of the United States for said witnesses. Sworn to and subscribed before me this the 22 day of Aug , 1888 By Dr. Norton, who lives near Will Wheeler’s, some 25 (5?) miles from Fort Smith, defendants can prove that one Emmerson who was in attendance on the grand jury as a government witness in this case, and who will swear as defendants are informed, that said Emmerson saw defendants on their way home after the killing and that Sam Massey hung up his coat and shot holes in the sleeve and will prove that said Emmerson lives close to said Norton’s and was at home at the time Emmerson claims to have been away on the road and saw Sam shoot the coat. Said Dr. Norton also had a conversation a day or two before the killing, with Mr. Yarbrough in which Yarbrough made strong threats against defendant. Sam, the exact language of which defendants cannot give. By J. W. Harris, on Skin Bayou, defendants, can prove that Yarbrough said a day or two before the killing that he intended to kill Sam Massey if they ever had any difference. Defendants say that the above facts are true, that they are material, that they know of no other witnesses present by whom they can prove the same, that they are poor and actually unable to procure the attendance of said witnesses at his own expense . He therefore prays that they be summoned at the expense of the United States. John Massey, X (his mark) We, John and Sam Massey, on oath say that the facts above stated are true. Sworn to and subscribed to me this 23rd day of August, 1888 I. Wheeler, Clerk 4th page - August 28, 1888 - Note in left column - (best interpretation): Allowed for all the witnesses, his wife, Dr. Norton and fours others. signed by - I. C. Parker, Judge. September 3, 1888 - Subpoenas issued to - William Massey, John Q. Lankford, William Cherry, A. J. Watts, Bud Gough, Morgan Collins, Mike Burges, Stoke Oliver, Thomas J. Dixon, Ryle Ross, Thomas Durham, J. W. Harris. September 29, 1888 - Subpoena issued to Frank Fuller and Jackson King. October 1, 1888 - Subpoena served to Frank Fuller and Jackson King. October 10, 1888 - Writ (summons) issued to David P. Yarbrough. October 11, 1888 - Request for subpoena, subpoena issued and subpoena served to John Harvey: In the United States District Court for Western District of Arkansas United States versus John Massey and Sam Massey Comes the said defendants and state that they cannot safely proceed to trial without the testimony of John Harvey who resides about ten miles from Fort Smith, but who is now in Fort Smith. He can prove by said Harvey that the deceased told him in January last or perhaps February and after the marriage of John Massey to the deceased’ daughter, that he, John Massey, had stold his daughter and appeared to be displeased with the marriage, and further that he had mortgaged his cattle to John or John and Sam and that if they ever come of this then he be damned if he didn’t kill them. Defendants say they have had said Harvey here this time without Subpoena but the cause having been continued by the prosecution they pray the court to grant then a subpoena at the expense of the United States for said Harvey. That they are unable to pay the fees of said witness. Signed His mark X- (John Massey) Sworn to, transcribed before me this 11 October, 1888 Stephen Wheeler, Clerk By I. M. Dodge, D. C. Subpoena of John Harvey Allowed by Order of Court Filed October 11, 1888, Stephen wheeler, Clerk By I. M. Dodge, D. C. November 10, 1888 - Application for additional witnesses: In the District Court of the United States for the Western District of Arkansas United States versus (murder) Sam and John Massey Comes the said defendants and states to the courts that they are indicted in said court for the crime of murder and that they cannot safely proceed to trial without the following additional witnesses to wit: G. E. Norton John Furr Jake Neal They can prove by said Norton that the deceased came to him, Norton, a few days before the alleged killing and ask said Norton if he knew where he could trade for a Revolver, that he did not want to be packing around a shot gun, he wanted something he could carry with him more handily, that defendants had a mortgage or bill of sale on his cattle and that before they should have the said cattle he would kill them. He seemed to be angry and determined about what he said. They can prove by said Furr that John Price, a prosecuting witness, said to him soon after the killing that deceased had come to him, Price, shortly before the killing and said him and the Massey Boys were in trouble and he wanted to borrow said Prices shot gun, that Price refused to let him have it. Deceased then ask him if he would sell it to him and he said yes and Price then sold the said gun to him, deceased, said Price further stated that deceased further stated that the first God Damned man laid down his fence to drive said cattle out he would throw him across the Gap. They can prove by said Neal that deceased came to him a week or so before, he, deceased, borrowed the money from defendant to buy the over issue money, and ___to bill of sale the same cattle he had sold defendants, in order to enable him to go down into Arkansas to collect an estate coming to his wife. That they have not the means and are actually unable to pay the fees of said witnesses, that said witnesses, Norton, and Furr are now here and said Neal lives near Muldrow. Therefore they pray the court to grant them a subpoena at the expense of the United States for said witnesses. Defendants understand said Price will deny the above statement he made to Furr. John Massey, X (his mark) Sworn to and subscribed before me this November 10, 1888 Stephen Wheeler, Clerk November 14, 1888 - Writ (summons) issued to Mrs. Yarbrough. November 14, 1888 - Writ (summons) issued to David P. Yarbrough. On November 14, 1888, United States Marshall John Carroll authorized Joseph Robinson to return Texana Yarbrough to Fort Smith to face charges of Contempt of Court. A subpoena ordering her to appear as a court witness had been issued in July of 1888 but was apparently neglected. Robinson returned to Fort Smith with a letter written by Dr. S. J. Baker stating that Mrs. Yarbrough was recovering from an illness and could not attend court at that time. The following day, Pink Yarbrough, the sixteen year old brother of William, was delivered to the Fort Smith jail. According to family legend he was held for a term of six months. Pink was also charged with Contempt (as contempt was considered an offense against the court, the presiding judge delivered a sentence and no trial was held). November 15, 1888 - D. P. Yarbrough taken into custody of Marshal John Carroll. November 15, 1888 - Letter written from Doctor S. J. Baker, doctor treating Mrs. T. C. Yarbrough: Prairie View Ark Nov 15 1888 To U. S. Court Fort Smith Ark Mrs. T. C. Yarbrough has been under my care and treatment for three wks or more She is slowly recovering from a recent attack of sickness but will be able to attend court in six or eight days; unless a relapse S J Baker M. D. November 16, 1888 - David P. Yarbrough committed to Fort Smith Jail. November 21, 1888 - Court continued to December 3, 1888, as noted on paper containing the verdict of the jury. November 30, 1888 - Subpoenas issued to Jerry Harris, Bill Watts, and Ewena Oliver. December 1, 1888 - Subpoenas served to Jerry Harris, Bill Watts, and Ewena Oliver. December 8, 1888 - Second Court. Verdict of Jury: We the jury find the defendants Samuel Massey and John Massey guilty of manslaughter. J. W. Phillips, Foreman -------------------------------------------------------------------------------- From Eric Leonard, Park Ranger, Fort Smith Historic Park: http://www.nps.gov/fosm/ The criminal case file from the National Archives in Fort Worth, Texas, contains all of the existing files from that (U. S. versus Sam & John Massey) particular case. Before 1890, the court was not making any type of transcript of actual court proceedings, so unfortunately, detailed information on testimony usually doesn't exist. A Robert Massey was executed in 1883. All that we have on file for him is a February 9, 1883, article from the Fort Smith Elevator accounting Judge Parker's sentencing of Robert to death. -------------------------------------------------------------------------------- January 1, 1889 - Motion for New Trial for John and Sam Massey: In the United States District, Western District of Arkansas, United States (murder) versus Sam and John Massey - Motion for New Trial Comes the said defendants and moves the court to set aside the verdict of the Jury herein and grant them a new trial for the following reasons to wit: First, because said verdict is contrary to the law and is not sustained by sufficient evidence. Second, because the court erred in it’s charge to the Jury Wherefore they pray tc(?). Murcum and Grace Defendants Attorneys Filed January 1, 1889 Stephen Wheeler, Clerk By I. M. Dodge, D. C. January 15, 1889 - Sentence and delivery of Sam Massey to Arkansas State Penitentiary at Little Rock by Batson, C., (Dept Warden, AR State Penitentiary ): Whereupon, the premises being seen, and by the Court well and sufficiently understood, it is considered by the Court here that the said Sam Massey for his felony aforesaid, be imprisoned in the Arkansas State Penitentiary, situated at Little Rock, in the Eastern District of Arkansas, for the term and period of six years and that he pay to the United States of America a fine of three hundred dollars, together with all their costs in and about this prosecution laid out and expended, and that they have execution therefor. Stephen Wheeler, clerk January 15, 1889 - Sentence and delivery of John Massey to Arkansas State Penitentiary at Little Rock by Batson, C., (Dept Warden, AR State Penitentiary ): Whereupon, the premises being seen, and by the Court well and sufficiently understood, it is considered by the Court here that the said John Massey for his felony aforesaid, be imprisoned in the Arkansas State Penitentiary, situated at Little Rock, in the Eastern District of Arkansas, for the term and period of six years and that he pay to the United States of America a fine of three hundred dollars, together with all their costs in and about this prosecution laid out and expended, and that they have execution therefor. Stephen Wheeler, clerk