Creek Nation, Indian Territory -- Escape of Brassfield

Submitted by Bobby J. Wadsworth


U.S. vs. A.B. (Abner B.) BRASSFIELD & S.P. (Sedrick 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, 1893

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.

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