This a story of the old West and Indian Territory from my files. Sedrick Perry Brassfield was the brother of Aaron Franklin Brassfield. Abner B. Brassfield married second Martha, daughter of Lem and Peggy Standridge. Abner was born on Richland Creek and Martha at Ben Hur, AR. Abner married first Mary Eliza Standridge--daughter of Martin and Mary Jones Standridge. Mary Eliza and Abner had a son, Jake Brassfield. She died when Jake was a baby and Martha raised Jake. Martha and Abner lived in the Creek Nation, but Jake is on the Cherokee rolls. Mary Jones was the daughter of John Jones and Alpher Meek. John was 1/8 Cherokee. Mary 1/16 and Jake Brassfield was 1/32 Cherokee. I tired to remove the offensive name of Abner B's big black stallion, please excuse the term if I missed any of the n...r names. I tried to fix the spacing in this as I copied it here, but finally I gave up. I have my files on an old desk top computer and it is slower than Christmas. The picture of the horse of course is not Abner's. I just added it for interest.
Interview with Bill Brassfield
Son of Sedrick Perry and Matilda Gee
Identity of Characters: William Roosevelt "Bill" is the son of S. P. and Matilda Gee
Abner Brassfield (who shot Bill Hamm) is S. P.'s son, also.
Martha who gave the 45 pistol to the family is Martha Standridge Brassfield. She was the youngest child of Lemuel Owen and Margaret Peggy Standridge--born at Ben Hur, AR in 1863.
Abner B. Brassfield (married to Martha Standridge) is the son of John L. and Elizabeth Roberts Brassfield. Abner B. Brassfield born near Richland Creek, AR.
John L. and S. P. Brassfield are brothers and sons of Abner and Lucinda Gee Brassfield.
Son of Sedrick Perry and Matilda Gee
Identity of Characters: William Roosevelt "Bill" is the son of S. P. and Matilda Gee
Abner Brassfield (who shot Bill Hamm) is S. P.'s son, also.
Martha who gave the 45 pistol to the family is Martha Standridge Brassfield. She was the youngest child of Lemuel Owen and Margaret Peggy Standridge--born at Ben Hur, AR in 1863.
Abner B. Brassfield (married to Martha Standridge) is the son of John L. and Elizabeth Roberts Brassfield. Abner B. Brassfield born near Richland Creek, AR.
John L. and S. P. Brassfield are brothers and sons of Abner and Lucinda Gee Brassfield.
Works Progress Administration
Brasfield, Bill
Melvin Stites
Investigator
March 30, 1938 Interview with Mr. Bill Brasfield
Hanna, Oklahoma
Brasfield, Bill
Melvin Stites
Investigator
March 30, 1938 Interview with Mr. Bill Brasfield
Hanna, Oklahoma
It is necessary that the first paragraph of this story have for a setting a point about a day's wagon drive southeast of Harrison, in Marion County, Arkansas, for it was there in 1884 that my brother, Abner Brasfield, at the age of twenty-two, shot and killed a man of the name of Bill Hamm, Justice of the Peace. My brother, Abner was farming our father's land and Hamm was also, and it was after an argument over the land that my brother killed Bill Hamm. Abner was placed in the Harrison jail where he remained for two years before he was brought to trial. He was sentenced to twenty-one years in the Arkansas penitentiary at Little Rock. However my father appealed for a new trial. It was granted; Abner was taken back to the Harrison jail pending this new trial. He escaped and started in scouting. He, no doubt, realized that the best place to do this was in the Indian Territory. He came to the Territory and for the next two years we received infrequent letters from him postmarked "Eufaula." It got to where we wanted to see him pretty badly, this was the main reason for our moving to a place within three miles of Eufaula, Indian Territory, which we did on March 4, 1890. I was but nine years old at the time, I was not ten until the 11th day of the following May, but it is easy to make impressions on the mind of a youngster of this age. I remember our journey from Arkansas and out first home in the Indian Territory. We came in wagons with our stock strung out behind.
My father had leased one hundred and sixty acres of very fertile bottomland. This farm settled in the fork of the South and North Canadian Rivers where they meet three miles east of Eufaula. On this farm stood a double log house with a long hallway separating its two wings. This house was typical of pre-statehood Indian architecture, especially that of the well-to-do Indian. As a general rule, the ends of the hall way were left open. We got water from a well.
Much of our furniture we made: we made chairs out of hickory, using cowhides to cover the bottoms. We made our plow stocks. The implements we most used in farming were Georgia stocks, double shovels and one horse turning plows. We had four mules, all four of working age. We had one team of oxen and these oxen were good workers. We used them to plow and to drag up logs for the building of houses.
Our farm had many kinds of trees on it. However, most plentiful were the cottonwood and bois d' arc trees. In these woods-roamed wild game including deer and hogs; these wild hogs were vicious, it wouldn't do to let them catch you out in the open. There were plenty of wild turkeys and at night we could hear the veavers at work and loud swishes told us of trees being felled by the beavers. Often times they could be seen in the moonlight both in the forest and on the rivers. Coons could be heard battling with each other in the still of the night.
We hadn't been in this primitive setting but a few days when early one morning three men on horses rode up to the house. My brother, Abner, set on the middle horse, his hands handcuffed to the saddle horn, and his feet fastened by a chain that crossed under the horse's belly. On a horse on each side of him set a Negro United States Marshal, Grant Johnson and Bass Reeves. They would not let Abner dismount; just gave him time to say a few words. They had caught him at Brooken, which is twelve miles to the east of Eufaula; they were taking him to Little Rock. When Brother Abner broke jail at Harrison a 1500.00 reward had been placed on his head.
We followed them into town and once in Eufaula, Johnson and Reeves turned my brother over to Andy Duren, as a guard while they went in search of breakfast. Duren was a deputy placed at Eufaula to keep watch over the inhabitants of its dozen or so residences, two stores, post office, and depot. It was in the front of the post office that Abner was permitted to dismount, his hands having been uncuffed and his feet unshackled. However, from my place on the sidewalk beside my father, I could catch glimpses of Abner through the crowd that milled about. Abner stood beside his horse, handcuffs dangling from one wrist, and the chain still attached to his ankle. Duren stood nearby.
A few minutes later a well-known horse and rider appeared and the crowd parted to let them through. The horse was black, weighing about eleven hundred and eighty-five pounds and went by the name of N...r He had never been out run in several years of competitive territorial horse races. His rider was his owner and my cousin, Abner Brasfield, and it was after Cousin Abner that my brother was named. Cousin Abner, then nearly sixty years of age, dismounted within a few feet of Brother Abner, but N.... walked up by Brother Abner's side. Into my mind leaped the thought that Brother Abner would try to make his get away on N...r I later learned that almost everyone else thought the same thing but that's where we all were fooled, including Andy Duren. Note by Betty: Andy's last name was actually Derring.
Into N....r's saddlebag went Brother Abner's hand and when it came out it brought with it a 45 Colt, which we had aftertime name "Old Martha." Cousin Abner lived at Brooken and hearing of Brother Abner's arrest had hurried by our house after "Old Martha." This 45 Colt had been named "Old Martha" after Cousin Abner's wife who had given it to him.
The handcuffs still hanging from one wrist and the chain dragging, Brother Abner backed away from the deputy sheriff. The crowd, by the way, had suddenly diminished. Duren told Brother Abner to stop. Where upon Brother Abner retorted, "Go to H-l." The deputy jerked his gun and fired without taking careful aim. Duren's shot went wild and Brother Abner's shot knocked the gun from Duren's hand severing the thumb from his hand. The deputy dived through the post office door. (This building still stands just across the street west of Belt's store in the present town of Eufaula.) Brother Abner took two parting shots at the door through which the deputy had disappeared. His bullets embedded themselves in the woodwork of the door.
When Johnson and Reeves arrived on the scene a minute later, Father and Cousin Abner were placed under arrest and taken to Fort Smith; they were accused of plotting Brother Abner's escape. When the others of us reached home we found Brother Abner seated in a chair on the porch with a Winchester between his knees. He had forced a neighbor to cute his chain and handcuffs off.
Dad and Cousin Abner made bond and came back home; they made three or four trips to Fort Smith for trial but it was never held and the charges against them were finally dismissed. Brother Abner stayed around for a few days and then went to Texas. Two years went by before we saw him again. At that time he returned and gave himself up to Grant Johnson. A detective in Texas had broken Brother Abner's arm with a shot. Brother Abner served four years in the Arkansas prison at Little Rock and the Governor pardoned him.
For several years before statehood Brother Abner served on the law force at Eufaula. I recall hearing of a gun battle between Jake Stanley, outlaw, and Grant Johnson, United States Marshal. Stanley had stolen quite a bit in and around Eufaula. One day he was seen leaving town in a wagon. Johnson followed on horseback and a little way out of town caught up with the Indian-Negro outlaw. Stanley halted his team and using his wagon to hide behind returned the United States Marshal's fire. Johnson fired from his saddle. Sitting on his horse he made a good target. Stanley knowing that Johnson wore a breastplate, aimed at his head. Johnson had to head back to town, doing so after two of the bullets went his way by the outlaw had found their way through his hat.
A pre-statehood incident surrounding outlaws of more ill repute is the following:
Marion Horn and his family, wife and three children, lived on the east side of Eufaula in a double log house with a hallway between the two wings. (Note by Betty--Marion Horn was a brother to Sam Jefferson Horn who married Mary Standridge, daughter of Lem and Peggy. Mary and Sam Jefferson had one daughter Margaret Maggie Horn who married Jack Garrison, brother of Charlie Garrison). Mr. Horn had better than 1500.00 about the house in the '90's. This was 'come on' enough for Belle Starr and Pony Starr, infamous outlaws. These two rode up one night and held up the Horns. From the sewing machine drawer in Mr. Horn's house they took 90.00 They asked Mr. Horn of the whereabouts of the 1500.00 which he had on his place. Naturally, Mr. Horn refused to tell them and the Outlaws proceeded to make him tell. They threw a rope over a rafter in Horn's barn and strung him up by the neck. However, before he became insensible they lowered him to the floor of the barn and offered him a chance to talk. Horn, even under this punishment, refused to give information, and the outlaws went a step further, they burned their victim's feet while he dangled in the air but to no avail and the outlaws had to give up. Horn later said the money the outlaws were after was buried directly beneath the spot over which he was tortured. Mr. Horn's toenails came off and he was unable to walk for better than three months. Neither did he ever regain his natural color but dark ugly spots appeared on his face and neck.
The Trial of Abner B. and Sedrick Perry Brassfield--Ft. Smith, AR--Judge Parker's Court
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 n 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 Eufaula 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.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
. Sedrick apparently was in Newton County, Arkansas (1855 - 1884),
Marion County, Arkansas (1885 -1890), Hughes County, Oklahoma (1891),
Eufaula, McIntosh County, Oklahoma (1904) and Hanna, McIntosh County,
Oklahoma (1908).
FROM S. P. MILITARY PENSION RECORD:
"Served in 3rd Div, 7th Army. Was a pvt. Co. ?C?, 1st regt. Ark Inf.
Check Special Order #50 for AWOL, etc. Pvt. Co 'C',
In Indian Territory, County of Creek Nation. In the Claim of Sedrick P. Brassfield, Private, late of 1st Ark. Infantry. Vols.
personally came before me a commissioner of Texas, in and for the aforesaid County and State. Sedrick P. Brassfield, who I hereby certify is a respectable and credible person, and who, being duly sworn, delcares in relation to the aforesaid claim as follows:
'I was conscripted by the Confederates on Cave Creek in Newton County Arkansas and enrolled as a member of Captain Buck Dawson's company in Brooks Regiment at Mount Comfrey in ----- county of same state. I cannot remember the date, but think it must have been some time in the fall of 1862, as, know I only remained with them 30 days when I deserted an left them, remaining out of my military service at the____for some
little while when I joined the Federal Army in February
1863. I cannot write myself, but this Affidavit was all written in my presence from oral statements made by me on this the 16th day of September, 1895, at Eufaula in the State of Indian Territory to G. W. Grayson by whom the statement was writte down and I was not aided or prompted by any written or printed statement or prepared or dictated by any other person and not attached hereto as an exhibit. '
He further declares that his post office address is Eufaula, Creek Nation, Indian Territory.
Statements by A. B. Brassfield who says he has known Sedrick 40 years and that he has never served as a volunteer in the days in said Army.
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 n 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 Eufaula 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.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
. Sedrick apparently was in Newton County, Arkansas (1855 - 1884),
Marion County, Arkansas (1885 -1890), Hughes County, Oklahoma (1891),
Eufaula, McIntosh County, Oklahoma (1904) and Hanna, McIntosh County,
Oklahoma (1908).
FROM S. P. MILITARY PENSION RECORD:
"Served in 3rd Div, 7th Army. Was a pvt. Co. ?C?, 1st regt. Ark Inf.
Check Special Order #50 for AWOL, etc. Pvt. Co 'C',
In Indian Territory, County of Creek Nation. In the Claim of Sedrick P. Brassfield, Private, late of 1st Ark. Infantry. Vols.
personally came before me a commissioner of Texas, in and for the aforesaid County and State. Sedrick P. Brassfield, who I hereby certify is a respectable and credible person, and who, being duly sworn, delcares in relation to the aforesaid claim as follows:
'I was conscripted by the Confederates on Cave Creek in Newton County Arkansas and enrolled as a member of Captain Buck Dawson's company in Brooks Regiment at Mount Comfrey in ----- county of same state. I cannot remember the date, but think it must have been some time in the fall of 1862, as, know I only remained with them 30 days when I deserted an left them, remaining out of my military service at the____for some
little while when I joined the Federal Army in February
1863. I cannot write myself, but this Affidavit was all written in my presence from oral statements made by me on this the 16th day of September, 1895, at Eufaula in the State of Indian Territory to G. W. Grayson by whom the statement was writte down and I was not aided or prompted by any written or printed statement or prepared or dictated by any other person and not attached hereto as an exhibit. '
He further declares that his post office address is Eufaula, Creek Nation, Indian Territory.
Statements by A. B. Brassfield who says he has known Sedrick 40 years and that he has never served as a volunteer in the days in said Army.
This was when Sedrick was trying to get his pension. The Department of Interior, Bureau of Pensions questions.
1. When were you born. June 19, 1838
2. Where..............................Grundy, Missouri
3. When did you enlist? Feb. 11, 1863
4. Where did you enlist? Fayetteville, Ark.
5. Where had you lived bef you enlisted? Newton Co., Arkansas
6. What was your post-office address at enlistment? Jasper Co.,
Arkansas.
7. What was your occupation at enlistment? Farmer
8. When were you discharged? Aug. 10, 1865.
9. Where were you discharged? Ft. Smith, Arkansas.
10.Where have you lived since discharge: Newton and Marion Counties,
Arkansas and Indian Territory.
11. What is your present occupation? Living on farm with children.
12. What is your height? 5' 4". Your wt?152
The color of your eyes: Blue. The color of your hair: Light. Your complexion? Fair. Are there any permanent marks or scars on your person? If so, described them. Scar on right jaw caused by cancer or ulcer during service.
Witnessed and signed July 8, 1901.
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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