Tarrant County, Texas - Bios: Auberry A. Akin
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		Bios: Auberry A. Akin
		
Selected and converted. American Memory, Library of Congress.
Washington, 1994.
Preceding element provides place and date of transcription only.
This transcription intended to be 99.95% accurate.
For more information about this text and this American Memory
collection, refer to accompanying matter.
U.S. Work Projects Administration, Federal Writers' Project (Folklore
Project, Life Histories, 1936-39); Manuscript Division, Library of
Congress. Copyright status not determined.
00011
Folk Stuff - Life and [Range?]
Gauthier, Sheldon F.
Rangelore.
Tarrant Co. Dist., [#7?] [37?]
Page #1
FC 240
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Auberry A Akin, 66, living at 301 Hemphill St, Fort Worth, Texas, was
born Feb. 4, 1872, in Sebastian co. Ark. His father, A. J. Akin,
farmed and engaged in the cattle business for his livelihood. Auberry
learned to ride a horse and handle cattle at an early age. He started
his range career at the age of 10 attending to his father's cattle. At
the age of 14 he he worked at cattle driving from Okla. to Kans. His
next work was on the Bar H Bar ranch. At the age of 21 he was
appointed U.S. Deputy Marshall. During his term as Marshall he came in
contact with some of the desperate characters of those days. Among
them were Rock Island Buck, Cherokee Bill, James Starr and Bell Starr.

His story of range life follows:

"I was born in Sebastian Co. Ark,' Feb, 24, 1872 on a farm which my
father owned. The farm was one and a half mile from the Cherokee
Nation of the Indian Terrotery (now part of Okla). My father farmed
and delt in cattle. I was reared among hosses, cows and Indians. My
mother died when I was 18 days old and while i was an infant an Indian
squaw took care of me until I was old enough to be looked after by
father. I learned to talk the Cherokee language fluently and spent my
play days playing kid games with Indian children.

"I learned to ride a hoss early in life and when five years old could
ride a gentle hoss. At the age of ten I could handle a hoss
sufficiently to be used as a cowhand.

  NOTE: C12 - 2/11/41 Texas
  
"My father and I worked together as two cowhands. He tought me to
ride, rope and do the various work connected with handling a herd. In
fact, he was my father, mother and teacher. I never attended a school
in my life. I received my schooling from 00022father and it was a fair
education at that. While I was a young lad father tutored me regularly
in the three R's.

"On the farm, which as fenced with split rails as all farms were the
days, we raised cotton and corn. Our cattle ranged on the open range,
if we had a herd too large for a pasture. However, we generally kept
our herd sold down to a low number, excepting during the winter
months.

"Father's cattle dealing consisted in buying and selling. He was what
was termed a cattle gatherer. There were drovers who came through
buying cattle to make up a driving herd and father always sold his
stock to them drovers. Therefore, we at times would have about 500
head of critters and at other times practically none.

"Most of the folks in our section of Ark was in the cattle business to
some extent and there were some fair size cowcamps. The range was open
and free except the territory controlled by the Cherokee Indians. To
range cattle on the Indian's land one was compelled to obtain
permission from the Cherokee's officals. Arrangements generally are
made by payment of a stipulated sum of money. The amount charged, as a
rule, was based on the number of cattle to be grazed.

"Father used the Cherokee range untill the Indians raised the price
above 15¢ a head per month and then father considered the price too
high. He then used cotton fields after the cotton was gathered. Those
cattle would live on the grass and cotton stalks in the fields and a
little cottin seed we fed to the animals. Some cattle we placed in the
switch cane fields of the bottom 00033land. In those fields the cattle
faired well without any supplementary feeding.

"With the cattle grazing in fields fenced with split rails, all we had
to do was to watch for sick critters and once in a while look the
fence over. The rail fence was not broken easily so the fence gave us
practically no trouble. We had nothing much to do with the cattle
except when a drover bought some of the animals. When a sale was made
we then would have to get out the grade sold..

"When I was 14 years old I went to work for a drover named D Dawson. A
crew of us waddies went to the ranches of whom he had bought cattle
and gathered the stock. At the conclusion of the stock gathering we
then started the drift. Usually the herd consisted of about 3000 head.

"The examination one had to pass in order to qualify for a job with
the Dawson outfit, and other ranchers in our section, was to ride a
pitching hoss. Generally the pitching hoss was one that would give a
party a stiff examination.

"I don't think Dawson thought I could be a cowhand and didn't think I
could qualify, or he would not have given me a chance to take the
examination. However, he told the trail boss to bring out the
professor, but winked while speaking. I mounted the animal and rode
the professor to the surprise of all the hands. Dawson could do other
than accept me as a hand after my ride and he took me on as a regular
hand.

"The driving crew consisted of 13 hands [?] besides the cooky and
00044hoss wrangler.

"I worked as a pointer and took my turn night riding along with the
old rawhides. Dawson drove the cattle to Kans. and the [Chreokee?]
Strip country and placed the animals on the range for conditioning
before he sold the critters for beef stock.

"The distance of the drives was not far. We generally completed the
drives in 30 or 40 days.

"I worked a year for Dawson and during the entire year we had no
serious trouble on the drives. I worked with several drives when we
did not loose a single critter. We had many stampedes, but none of the
runs were hard to handle. Most of the critters were out of small herds
and were used to being handled and because of this fact the animals
were not scared so easily and would respond to handling.

"The worst stampede I helped to stop was a herd of 500 critters we
were holding while gathering critters for a drive. We were holding the
herd outside of a little place called Hachett Ark. There was a picnic
being held in town to which all the waddies attended except Dick
Robinson and I. A storm, with heavy lighting and thunder, started
about 3 A.M. A few minutes after the storm started the herd went on
the run. There being only two of us to handle the run put us in a
quandary, because we knew two men could not do much in the way of
stopping the herd. We kept riding and making a wide circle. We were
lucky to have the leading critters take to following the hosses and by
riding in a wide circle we let the animals run until the animals were
tuckered out. Our hosses were also tuckered, but the herd did not
00055scatter and satisfied their desire to run.

"I believe a scared herd has their feelings eased by running and we
acted wisely by not trying to stop the animals, but just led the run.

"After spending a year with the Dawson outfit, driving and gathering
cattle, I went to work for the Bar H Bar ranch. The ranch was owned by
T. J. McMercury and he worked six hands grazing from 2500 to 3000 head
of cattle. The ranch was located where the town of [Harsshorn?] Okla,
is now situated.

"The crew was made up mostly [DEL: of :DEL] from the members of the
family. Extra hands were hired occasionally, especially during the
roundups. Mrs McMercury did the cooking and did her work well. The
rest of us did any kind of work which was necessary.

"We had a comfortable camp house to bunk in and we slept in our bunks
most every night, except during the roundups.

"The most tedious work was the night riding which we always did. The
work was did by two men on each shift of four hours. The men working
the last night shift would be the first out the next night and by such
rotating of shifts each man secured sufficient sleep.

"The night riding was did principley to watch for rustlers. The
country was infested with petty rustlers. Besides watching for
rustlers we kept the herd held to the grazing grounds where we wanted
the animals. A few animals would drift away from us, but those we
would pick up during the Spring and Fall roundups.

"The genreal roundups were worked by all the ranchesrs
00066co-operating. The roundup crews were farmed by representatives
from the many ranches running cattle in the section.

"My experiences during the early days of life was one which only a few
men have had. That was living close/ to the the Cherokee Nation and
being able to see the Indian in his native element, and dealing with
the redmen.

"I learned that the Indian, by nature, was an honest and would keep
his word.

"During the early part of my life the Cherokee Nation maintained their
own tribal court which tried and pronounced punishment for violators
of the tribal laws. The tribal court was discontinued when the U.S.
Government set up [?] courts to maintain law and order in the Cherokee
Nations.

"Most of the Indians got into trouble while full of fire-water
(liquor). Shooting was the penalty for murder and occasionally and
Indian would be sentenced to be shot. I know of several sentences and
the execution/ were [set?] for a furture date. The custom was to give
the condemned man time to arrange his personal and family affairs. The
condemned was allowed to go about at his own will upon a promise to
return on the date set for his execution. When the day arrived for the
execution the condemned person would be on hand.

"I have in mind one Indian, named, Liver [James?], who was decrepit.
The date of his execution was set to take place 60 days after his
[execution?]. On the date specified James came riding in on his hoss.
He was assisted from his mount and the Indian jumped to 00077over to
the spot indicated to him. He layed his blanket on the ground and then
seated himself on the blanket. He sat on the blanket stolidly waiting
for the fatal shot.

"Naturally, there was a crowd gathered to watch the execution. Them
people had the pleasure of seeing James keep his word and the
executioner keeping his word with James. The executioner stepped into
position to fire the shot. He raised his gun and took aim. All the
while James sat motionless and never changed his expression. The shot
was fired and James toppled over dead.

"I know of another incident which was amusing and worth the telling.
An young Indian wandered off of the Nation's territory and took on too
much firewater. He was arrested, found guilty of being drunk, fined
and ordered jailed until the fine was paid. He had no money and when
asked if he could get the money at home he answered, 'can no know'.
The officers turned him loose and told him to see if he could get the
money. The officers didn't expect the lad to return. In fact, did not
want to put the boy in jail and turned him loose hoping that he would
stay away from town. The boy returned in three days and had walked to
his home and back a distance of 60 miles and reported to the court
saying, 'me no got'.

"To further illustrate Indian character. I shall mention another
incident. During the early part of 1900 I was asked by a commette
which were arranging for a July 4, celebration to secure an Indian
ball game to be played at the picnic. I called on John Tonaker, an
Indian whom I knew to be one of the Indian player. The ball game the
Indians played was similar to the game of lacross. 00088They used a
stick which had a pocket arrangement fastened to the end in which the
ball was caught and from which the ball was thrown. When I Spoke to
John Tonaker about arrangeing [DEL: . :DEL] the game he told me that
he that he had been sentenced to be shot by the tribal court, for
shooting a man. That the date of the sentence was set on a date three
months hence and he would be blessed to play in one more ball game
before he paid the penalty.

"He arranged the ball game and played an excellent game. however John
was never executed. The tribal court was abolished before the date of
John's execution. He is still alive unless he has died during the last
three years.

"The Cherokees had their political organizations within the Nation and
the rivalry between to two parties was great at times.

"One party was called the Buzzards and the other was called the
Eagles. Those prior to the tribal election there were many hot
arguements and on one occasion a political dispute ended in a killing.

"I was working on the Bar M Bar at the time the dispute and killing
took place. It happened in a shanty a few miles from the ranch. A
young Indian stopped at the ranch and said, 'I 'spect John Hokoletuby
kill'. He told us where the man was and several of us rode to the
shack. We found that the young indian's suspicion was well-founded.
Hokoletuby's body had 19 bullet holes in it. One bullet had entered
his head at the front and another at the side, thus quartering his
skull.

"I quit the Bar M Bar ranch in 1893 and took a position with the
department of the U.S. Marshall and worked out of the Fort Smith, Ark
office. I was what we called a poseman. My duty 00099were to hunt out
and bring in the persons wanted. My salary was $3. per day and
expenses, which was better than $30. per month as a cowhand.

"Doing that work I came in contact with petty theaves, robbers, cattle
rustlers, and killers. The Indians, for the most part, rustlers and
generally a white man was behind the Indians.

"Henry Starr, a mixed breed Indian, and his wife Bell Starr were
notorious Indians, but were cattle and hoss rustlers and not killers.
Cherokee Bill was another mixed breed Indian who was notorious and he
was a killer. The disturbing element of whites s and Indians operated
both within and outside of the Cherokee Nations and gave considerable
trouble.

"I shall tell of a few experiences I had dealing with the killers and
rustlers to indicate the condition and how people lived in the
[Teritory?] and its adjacent section three days.

"One day, the U.S. Marshall ordered a number of us deputies to guard
an election which was being hold in the Cherokee Nation. This day it
happen that two outlaws, one of whom was named Lee Taylor a fact I
learned later, had arranged with a cattle buyer to go with them to the
bottoms and look at some cattle they had stated were there and for
sale. The buyer was to take the purchase money with him and if the
cattle were satisfactory to him, the buyer was to pay for the herd on
the spot so the sellers could be on their way. The outlaws were
waiting for the buyer, who had gone after the money, when the matter
was reported to me. It was a Cherokee Indian who reported the matter
to me and said that there were no cattle in the bottom. That condition
indicated the men were bent on robbing the buyer. 001010"When the
Indian pointed out the two men to me, I placed the men in the outlaw
class. I told my partner that we had to try and get the outlaws guns,
which were in sight, as our first move, because of the number of
people present. I knew the outlaws would not care who they shot if a
fight started and I did not want to do any unnecessary killing. We had
nothing on the men, but could take them on the charge of carrying a
gun.

"We moved over to the men slowly and sort of carelessly so as to not
attract attention. When each of us deputies were at the side of the
men we made a grab for the gun. I got the gun I grabbed for, but my
partner missed. The fellow from whom I took the gun ran to an opening
between two shacks. While he ran he yelled to his partner, 'shoot the
[xs?]'? Federal skunk he has taken my gun'. A crowd of people
prevented me from shooting until the fellow was between and at the
rear of the two buildings, because I feared hitting some by standers.
He ran from the rear of the buildings to a woods. I fired at him, but
just barked the trees behind which he was.

"My partner was confronted with the problem of the crowd also, and
feared to shoot until his man was in the woods. We went to the woods
and found where they had their hosses tethered and of course they rode
away.

"A Lee Taylor was wanted for a Post Office robbery and the following
week Tandy Walker, Ed brown and I captured Lee Taylor. I was surprised
to learn that he was the fellow from whom I took the gun the previous
week. In Lee's pocket we found a letter addressed to me. In the letter
was written a notice to me that 001111he was going to kill me inside
of 30 days.

"Lee Taylor was a killer and if I had walked up to him, the previous
week, and tried to arrest him he would have plugged me.

"Rock Island Buck was a notorious train robber and killer, and a tough
character. I caught and took him in, but did not know it at the time,
who he was.

"Tom Simpson, a new poseman, and I went to get a fellow on a
misdemeanor charge and while we were on our way a settler reported
that his house had been robbed of a gun, featherbed and ax, and that
the thieves had taken to property to the bottoms where they were
staying in a shanty. The [settler?] went with the two of us deputies
and we surrounded the house and watched it until just before daylight.
We entered the house quietly and found the men sleeping on the floor
using the featherbed for a rest. There were two rifles laying at their
side. I reached under the featherbed and found two six-guns. After we
had possession of the guns I poked the men in their chest with my gun.
The men opened their eyes and instantly reached for their six-guns and
then started to cuss.

"I had no handcuffs with me and had to use rawhide string for tieing
purpose. We tied their hands behind their backs and compelled the men
to mount a hoss. We then mounted behind the men and started to town.

"That evening late, we came to the Sugar Loaf Creek and found the
creek was up. The fellow riding in front of me protested about fording
the creek with his hands tied. I had him sized up as one not to be
trusted and figured I may as well drown him as to shoot him for trying
to get away. I spured my mount and it dashed into the water. I knew my
hoss was a good swimmer 001212and would make the ford, baring an [?].
The fellow in front of me let out a bunch of cuss words when my hoss
hit the water. He yelled, 'You [?]? skunk you are trying to drown me'.
He called me everything the human tongue has invented to heap on a
man, while crossing that stream, but we crossed the creek without
being harmed, except the wetting of our clothes.

"We had to stay at a settler's shanty that night. There was no chance
for a bed, because there were no beds. Sleeping on the floor was the
best we could expect and I was thankful for the priviledge the settler
granted us.

"I told the prisoners that if they would act decent I would allow them
to remove their clothing and dry their garments. Each of them promised
to be good, but their later action showed /what they ment was that
they would be decent unless they found a chance to be otherwise.
However, I untied their hands so they could remove their clothing.

"Simpson was a new man on the force and had not learned to wear his
gun at the side of his belt. He had it stuck in front part of the
belt. I told him to move the gun to the side where it could not be so
easily grabbed. I did not want to shoot a man and that I would have to
do if one of them got their hands on a gun. Simpson scuffed ant the
idea of anyone getting his gun and left it in the front of him.

"It was only a few minutes after we released the prisoners' hands
until one of them made a dive for Simpson's gun and got it. Luckely, I
was standing close by and happened to catch the move as the man
001313started his bolt for the gun. I jumped with the fellow and had
my gun against his head the instant /he put his hands on Simpson's
gun. I bumped my gun against his skull and ordered him to drop
Simpson's revolver. Because the party pulled his act I retied the
prisoner's hands and compelled them to sleep in their wet clothing.

"When we arrived at Fort Smith, the post office inspector took a look
at the men and pointing to the man on my hoss said, 'this man is Rock
Island Buck wanted for a number of post office robberies.

"Rock Island Buck was reputed to be among the worst killers and it was
the opinion of all officers that he would never be taken without
spilling blood. I just played my cards in luck without knowing it.

"The only real bad Indian in those parts during my days there was
Cherokee Bill. He was a mixed breed of Indian and negro blood. He had
robbed and killed until there was a combination /of rewards, offered
by the Government, railroads and express companies, totaling $10,000
for his capture. That reward was the largest of all rewards offered
for any man in the section country.

"Cherokee Bill was captured by Ike Rodgers. Bill and Rodgers were
friendly and were in a shanty. Bill stooped over to pick up a live
coal out of the fireplace. While/ Bill was in the stooped position
Rodgers picked up a iron poker and blasted Bill over the head. Rodgers
then tied Bill's hands and feet and put him in a wagon for their trip
to town, where he turned Bill over to the Marshall. Rodgers motive for
turning Bill over to the U.S. Marshall was to collect the reward.
001414"Ike Rodgers never collected the reward. While he was returning
home after delivered his captive, Cherokee's brother empetied a charge
of buckshot into Ike's head.

"The next chapter in Cherokee's life took place while he was in jail.
Cherokee Bill was big as a house and every inch of him was tough.
While he was in jail, his daughter slipped him a 45 revolver. He had
tow of the jailers with their hands reaching for the sky and the third
one in a quandary about Bill's demand to be turned loose, threatening
to kill the two jailers if his demand was not complied with.

"At the time Indian James Starr was in jail on a charge of murder for
killing U.S. Marshall Floyd Wilson. Starr proposed to the jailers that
if they would turn him out of his cell, he would go into Chreokee's
cell and get the gun Bill had. The jailer turned Starr out and he
walked over the Bill's cell, unlocked the door and walked in. With a
gun in his hand, given to him by the jailer, Starr walked up to
Cherokee and reached for Bill's gun. Cherokee hesitated a moment, but
handed his gun to Starr when Starr said, 'I've come to take your gun'.

"Starr was in for murder, but was not a killer. He was mixed up in
hoss rustling with other rustlers. He and his wife occupied the land
which was formely owned by the younger brothers, the notorious outlaws
of the early days. The Starrs place was used as a pasture for rustled
hosses. The rustlers brought the stolen stock the farm and Starr would
do the selling.

"When Starr shot Wilson he was wanted on a complaint for some hoss
deal. Wilson started to serve papers on Starr and Starr 001515not
realizing Wilson had started for him, rode away. Wilson open fire on
Starr and Starr spured his hoss to get away from the fire, and at the
same time swung his gun back of him firing it. The shot was a chance
shot and a center hit. It hit Wilson between the eyes. The conditions
under which the shooting [was?] did, was known to many people whom
were there at the time.

"Because of the act Starr preformed in taking the gun away from
Cherokee Bill, Starr was pardoned by the then President Grover
Cleveland, which was recomended by many officals and others.

"Later, James Starr, with a gang, was robbing a bank and was killed
during the robbery.

"To indicate Starr's nature I shall mention the request he made of his
pals, after he was shot and was dying. His pals wanted to fight back,
but Starr told them not kill anyone, but to ride away.

"Bell Starr continued to operate the hoss pasture after her husband's
death, but was finally killed in her own pasture by a rustler. She
became involved in an argument over a settlement for a hoss deal.

"Before Bell Starr was killed and after her husband's death, she put
on a stage coach holdup act for an entertainment at a July 4,
celebration held in McAlester, Okla. and she put on a good act.

"With the death [of?] Bell Starr, there was only one Starr left
engaged in the rustling business, according to what ranchmen said.
This Starr was Pony Starr, sone of James. He was served notice by a
commettee of vigilantes to leave the country in three days, and he
gave them back two of the days. 001616"The vigilantes, maintained that
Poney was rustling cattle. However, they may have been mistaken, which
they sometimes were. There never was any charge filed against Pony. He
finally settled in Texas and has been a good citizen, that is from
what I learn. He has never [ha?] been mixed up in any [depredations?]
and is a respected citizen by them who know him.

"I quit the Marshall's office in [1900?] and returned to the cattle
business as a buyer and seller. After a few years, I entered the
realestate business and have folled the realestate business since.
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