UNITED STATES OF AMERICA,
WESTERN DIST. OF ARKANSAS
_____________
BEFORE JOHN Q. TUFTS, UNITED STATES COMMISSIONER
UNITED STATES, ü
_______Murder________________ _ê
VERSUS ê
_______Steve Bussell___________ þ
SEE COMPLAINT AND ENDORSEMENT THEREON FILED HEREWITH,
On this the ___8__ day of ___June___ 188_7_, came the United States of America, the Plaintiff in this cause, by ________________________, U. S. Attorney, and the defendant in his own proper person, in custody of the Marshal and by his Attorney John F. Lyons when the following testimony was heard and proceedings had to-wit:
David Hardwick being duly sworn, deposes and says: I reside
near Harney, I. Ty. and know the defendant in this cause. Some time, about, the
10th of May last I was on my way to Tishomingo with a prisioner named
Hamilton. About 6 miles from Red River Harney, I. T. we were
traveling and Mr Luttrell and Mr Christian were a head of us with the prisioner
Hamilton. I stopped a while with Mr Bounds to speak to a man and the rest of the
party rode some distance a head. When we started a head we come upon their buggy
in the bed of the Creek and we saw a man lying on the ground by the buggy, whom,
upon closer examination we saw was Luttrell, dead. Hamilton
said "not to blame him as he had nothing to do with it", that parties
from the bank had done the shooting. We went to the bank and saw places behind
the bank where two men had been kneeling. We followed the tracks and met a boy
who said there were some men were running across the prairie. Mr Bounds and
myself chased these men about a mile and a half across the prairie and then
turned back as we saw they would reach the timber. I recognized the two men we
chased, as defendant and Alex Jusan. I have known the defendant about 20 years.
The next day we raised a party to arrest defendant and Jusan and came upon them,
and in trying to arrest them, Jusan was killed, and defendant escaped. About a
week before the murder occurred Defendant told me that he had bought a 38
calibre gun. At the place where Hamilton said the parties who killed Luttrell
fired from, Mr Bounds and I found one 38 calibre empty shell. Defendan
The man Hamilton told me that he saw Jusan and Defendant both shoot and that
there were three shots fired; that Jusan and defendant both shot together at
first and that when Lutrell went to get out of the buggy Defendant fired again.
There was no understanding that if Hamilton would testify to certain things
concerning the killing that I would turn him loose. Hamilton was turned loose by
me on the advice of Dep. US Marshal Hackney of Texas. That the charge upon which
Hamilton was held could not be sustained.
David Hardwick
Jas. Bounds being duly sworn on his oath deposes and says. I
live in Chickasaw Nation and I know defendant in this cause. Sometime about the
tenth of April last, Luttrell, Christian and Hamilton started north from Harney ville
I.T. and my self and Dave Hardwick rode horse back behind. They drove ahead and
were probably a 1/4 of a mile in advance of us when they reached Rooster Creek.
When we were about 60 yards from the creek we saw somebody lying on the ground
in front of the buggy. We approached and found it was Lutrell lying dead in the
road. The body of Christian was lying in the buggy. Hanilton was standing by the
buggy and said "It was not me boys" and said finally it was Steve
Bussell and Alex Jusan. A boy called our attention to two men running on horse
back across the prairie away from us and we followed them about a mile and I
believed they were Alex Jusan and Steve Bussell but I could not recognize them;
we turned back to the place where the bodies were. When we first came up to the
buggy Hamilton showed us where the parties who did the shooting stood behind a
bank in creek. We examined this place and found foot prints against the bank and
marks where they had kneeled down. I picked up a 38 calibre cartridge shell at
this place.
James Bounds
Deft. Was sworn & testified that he was with Jusan riding when Christian, Hamilton & Luttrell came up in a buggy & that Christian raised his gun & called on them to throw up hands. That Jusan shot Christian & then Luttrell, who grabbed Christian's gun & got out of the buggy, & Jusan shot him again. That Jusan had a 44 Winchester, & that he (Deft.) had a 38 Winchester. That he did not shoot at all. That Jusan did all shooting with 44 Winchester.
United States of America
Western District of Arkansas
IN THE DISTRICT COURT MAY TERM, A. D. 1887
UNITED STATES
vs, MURDER
Steve Bussell
The grand jurors of the United States of America, duly selected, impaneled, sworn and charged to inquire in and for the body of the Western District of Arkansas aforesaid, upon their oath present.
THAT Steve Bussell on the 10th day of April, A. D.
1887, at the XXXXXX Nation, in the Indian Country, within the
Western District of Arkansas aforesaid, with force and arms and upon the body of
one Bud Luttrell, a white man and not an Indian, then and there being,
feloniously, willfully, and of his malice aforethought, did make an assault; and
that the said Steve Bussell, with a certain gun then and there charged with
gunpowder and one leaden bullet, which said gun he, the said Steve Bussell in
his hand then and there had and held, then and there feloniously, willfully, and
of his malice aforethought, did discharge and shoot off, to, against and upon
the said Bud Luttrell and that the said Steve Bussell with the leaden bullet
aforesaid, out of the gun aforesaid, then and there, by force of the gunpowder
aforesaid, by the said Steve Bussell discharge and shot off as aforesaid, then
and there feloniously, willfully, and of his malice aforethought, did strike,
penetrate and wound him the said Bud Luttrell, in and upon the right side of the
breast of him the said Bud Luttrell, giving to him the said Bud Luttrell then
and there, with the leaden bullet aforesaid, so as aforesaid discharged and shot
out of the gun aforesaid, by the said Steve Bussell in and upon the right side
of the breast of him the said Bud Luttrell, one mortal wound of the depth of
four inches and of the breadth of half an inch; of which said mortal wound, he
the said Bud Luttrell then and there instantly died. And so the jurors
aforesaid, upon their oath aforesaid, do say that Steve Bussell him the said Bud
Luttrell in the manner and by the means aforesaid, feloniously, willfully, and
of his malice aforethought, did kill and murder, contrary to the form of the
statute in such cases made and provided, and against the peace and dignity of
the United States of America.
M. H. SANDELS,
U. S. District Attorney, Western District of Arkansas
In the District Court
Of the United States
For the Western District
Of Arkansas
The United States
vs Murder
Steve Bussell Defendant
The defendant states that he is charged by indictment pending in this Court with the Murder of Christian and Luttrell in the Chickasaw Nation and the following named persons are Material Witnesses for his defense
1 John H. Prynes
2 Kit Morton
3 Mary Taylor
4 Wm Luttrell
5 Albert Brogden
6 Mrs Oney Brogden
7 Mrs John Wilson
8 Flem Birdsong
9 Wm Birdsong
10 Robert Birdsong
11 John Yarborough
12 James Yarborough
James W. Wilson 13 Robert Watkins
14 Rev Mr Wiley J. Cisk
15 Polk Evans
16 Lem Mitchell
17 James Vaughn
18 Charles Wasson
By John Prynes, Kit Morton, Mary Taylor, Wm Luttrell he can show that they were out fishing on the little branch when the killing of Luttrell & Christian took place and shortly after come to the place of the killing and that Dave Hardwick and Bounds were intoxicated and that Dave Hardwick threatened to kill Wm Hamilton if he did not lay the killing on this defendant, and would have done so if he had not been prevented by the parties there present taking his gun away from him.
By Albert Brogden, Mrs Oney Brogden and Mrs John Wilson he can show that defendant was not at Daniel Jones the day that said Jones and his daughter thestify that defendant made a statement to him to the effect that he did some shooting at time Luttrell and Christian were killed.
By John Yarborough, James Yarborough
& Robert Watkinshe can show that two or three days before the alleged conversation with Daniel Jones and his daughter this defendant was with them and started to go to Texas and they rode several miles with him and parted, they returning to their house and the defendant going on down Red River and that they parted some twelve miles from the place where said Jones lived.By Roe Mays who lives near the ferry over Red River near the mouth of Blue River that on the following night the defendant staid with him going on towards Texas and by
Wm B Trout who lives near Honey Grove in the State of Texas that he staid with him the following night.
By Wm Birdsong, Robert Birdsong and Flem Birdsong he can show that the next day he arrived at their house in the State of Texas about one hundred miles from the place where said statement is alleged to have been maid to said Jones and daughter and remained and was there at the time of the said supposed conversation.
By Rev Mr Cisk that Christian on the morning of the day he was killed threatened to kill Ales Jusan on sight.
By Lem Mitchell & Polk Evans
Robert Watkinshe can show that Wm Mann told them Hardwick would have killed Wm Hamilton if he had not prevented him and that the said Hardwick and Bounds were drunk. Which is now denied by said Mann.By James Vaughn he can show that he himself cut the iron ring off of the defendant's gun which Jones swears he took off for defendant.
By Charles Wasson defendant states he can show that the morning Christian was killed he borrowed a [belt?] from him and said he was going to arrest some cow theves Alex and Steve and Wasson said it would be pretty hard or bad for Alex and Steve to git the lash. When Christian replied there would be no lash only they would be lashed by the muzzle of his gun the first time he could meet up with them.
These Statements are true and these Witnesses reside in and can be found in this District. That he is not [__?__] of sufficient means and is actually unable to [___?___] the attendance of said witnesses wherefore he begs they will be subpoenaed at the expense of the United States.
Steven Bussell
Sworn & Subscribed
Before me this 28th
Day of September 1887
Stephen Wheeler
Clerk
By E. Haglin
D.C.
______________________________
[On the back]
The United States
vs
Steve Bussell
Application for
Witnesses
____________
Filed in open
Court Sept 28th
1887
S. Wheeler
Clerk
By E. Haglin
D.C.
Application for
17 Witnesses set
Nov 2 - 87
I.C. Parker
Judge
In the District Court of the United States,
For the Western District of Arkansas
The United States
Vs
Steve Bussell
William A. J. Finch.
Q. Where do you live?
A. On the Washita river about 4 miles from the mouth.
Q. How far is that from Rooster creek where Christian and
Lutrell were killed?
A. Not over 5 or 6 miles I reckon.
Q. You remember the day they were killed?
A. Yes, sir.
Q. On that day did you see Aleck Juson and Steve Bussel?
A. Yes, sir; I saw them both at my house.
Q. What time in the day did they come to your house?
A. Sometime in the evening. It might have been 3 or 4 o'clock.
Q. Did you have a conversation with Aleck in regard to the
killing of Christian and Lutrell?
A. Yes, sir; I went out and shook hands with Steve and Aleck and invited them in
but they didn't get off of their horses. They were on the hunt of John
McLaughlin and John was at my house, and John McLaughlin came out and Steve and
him went off to the lot to catch John's horse and after they had gone I saw
there was something the matter with Aleck, and I says to Aleck, what is the
matter, "well" he says, Uncle Billy I will tell you the truth, I met
Jim Christian awhile ago, and he commenced cussing me, he called me a damn cow
thief, and I never stole nothing, and he started to draw his gun on me, and I
shot his brains out, and there was other two men in the buggy, one of them was
Bill Hamilton, and says the other man, I didn't know, he grabbed the gun and I
shot him, I killed them both." I asked him, says I what was Steve doing,
well says he, he didn't do anything. Says I, didn't he shoot, says he, "no,
he didn't I done it myself." He said Christian jerked up his gun and I shot
his brains out. I asked him who was that other man you shot Aleck, says he,
"I don't know."
Q. Did he say why he shot him?
A. He said because he grabbed the gun.
Q. Did he tell you where it was done at?
A. Yes, sir; he said on Rooster creek. He said they just happened to meet right
in the creek. He was going one way and they the other.
Q. Did he tell you which way they were going?
A. No, sir.
Q. Did you ever see Aleck alive after that?
A. No, sir.
W A J Finch
Subscribed & Sworn to before me this the 7th day of November 1888.
Samuel Arbary
Notary Public
Joseph H Godfrey
Being duly sworn on his oath deposes and says:
I live at Colbert station Chickasaw nation. I am practising law in the Indian nation and after the conviction of Steve Bussell, I was employed by his friends to hunt up the testimony in support of motion for new trial. I came to Fort Smith with an eye witness Mr Dauson to the killing.
On the 6th day of Dec. 88, I went to Harneyville and remained in that neighborhood until Sunday evening the 9th inst searching for testimony to show that William Hamilton had been either bribed by the Christians or through fear of them to run off and not appear in the Bussell case.
On Saturday the 8th inst I saw several parties who I am satisfied are in possession of information of the fact that William Hamilton was bribed by the Christians to leave the country or was driven off by their threats. I was unable to get the witnesses before any Notary Public except Dudley Lutrell and John Merriman who went as they said at the peril of their lives before a Notary Public and made their statements on last Monday the 10th inst.
I remained at Harneyville over Sunday untill four o'clock P M and on Sunday morning about seven or eight o'clock two men came riding up to the store at Harneyville they were whooping and discharging firearms and acting in a very boisterous manner and I was told it was Billy Lutrell and Sealy Moyer by parties who knew. They remained there I suppose probably three quarters of an hour and rode off as they rode up discharging their firearms and hooping in a very boisterous manner. About half and hour after that one of the party Billy Lutrell came back hooping and discharging his pistol and came up within forty yards of Jim Thompson's house where I was stopping he was apparently very drunk and reeling on his horse and I was told by a brother of Billy Lutrell's, Dudley Lutrell that the pistol, horse, saddle, and bridle all belonged to Jim Moyer. Dudley Lutrell went out to where he was and told him he didn't want him to come there shooting his pistol and he wanted him to go away that Thompson and I were in the house and he was liable to get hurt. Billy Lutrell then turned and rode up to the store at Harneyville and then rode off and then I suppose in about half and hour after that twn or twelve men rode up two of them were in a buggy they were apparently all drunk hooping and shooting and discharging their firearms. They rode around on the east side of the house and a part of them went still to the north side of the house, that is, Jim Thompson's house. They appeared to be drunk and it seemed as if they were trying to provoke a difficulty with Mr Thompson and those in the house, their purpose being very evidently to insult and defy the inmates of Mr Thompson's house. Mr Thompson and I remained in the house he at one door and I at the other and we watched the whole proceedings. They remained around the house about three quarters or an hour at a distance of about one hundred and fifty or two hundred yards from the house and they went away as they had come discharging their firearms in front of Thomas Juson's house, a blind brother of Alec Juson deceased. It seems as if every time they passed Tom Juson's house they would shoot off their firearms, Bill Lutrell I think discharged his pistol five or six times he was about one hundred yards from the house going back when he discharged his pistol. After the crowd had hooped and shot around Harneyville for some time they rode off discharging their guns and went towards Woodville which is about a half mile south east of Harneyville. After I started home about four o'clock on Sunday evening I got out probably a quarter of a mile from Harneyville going north I saw a man standing off about one hundred and fifty yards from the road to the left against Mrs Thompson's home pasture on a horse. I wasn't near enough to recognize who he was; and still half a mile or not so far was another man right on the road that I had started on, on his horse who discharged his gun about the time I got even with this first man, and being alone I then changed my course and remained all night with Mrs Alec Juson. On Monday morning I rode to Colbert station to my home and went on to Dennison and met by appointment Dudley Lutrell and John Merriman who gave their affidavits which are hereto annexed. The reason I stayed at Mrs Alec Juson's is my seeing these men on the road and not knowing them I believed my life to be in danger if I continued my journey on Sunday evening.
The following persons have been pointed out to me as persons who have knowledge as to why and how Hamilton came to leave the country with out coming to court to give his testimony in the Bussell case: Thorton Prevo commonly known as Mayberry, he is a brother in law of Bill Hamilton and J A Counts a friend and neighbor of Bill Hamilton and a lady by the name of Mrs Patent, and William Pevito. Some of these I have called upon personally and from their manner I was satisfied they were afraid to tell what they knew on account of the feeling on the part of the Christians and from the fact that they had told parties what they did know. I had information from parties whom they had told confidentialy what they knew about the case. Affiant is satisfied owing to the circumstances by which those parties are surrounded down there that they will never give their testimony in the case unless they are summoned before this court.
J. H. Godfrey
Subscribed & Sworn to before me this the 13th day of December 1888.
Samuel [Carbary?]
Notary Public
In the District Court of the United States
FOR THE WESTERN DISTRICT OF ARKANSAS,
November Term, 1888
Saturday Morning, 9 o'clock.
February 2, 1889
Court met pursuant to adjournment. Present, the Honorable I. C. Parker, Judge of the District Court of the United States for the Western District of Arkansas.
UNITED STATES
vs INDICTMENT FOR MURDER No. 1941
Steve Bussell
On motion of M. H. Sandels, Esq., Attorney for the Western District of Arkansas, the said defendant, Steve Bussell, was brought to the bar of the Court in custody of the Marshal of said District, and it being demanded of him what he has to or can say why the sentence of the law on the verdict of guilty, heretofore returned against him by the jury in this cause, on the 28 day of Sept, 1888, shall not now be pronounced against him, he says he has nothing further or other to say than he has heretofore said.
Whereupon the premises being seen, and by the Court well and sufficiently understood, it is considered by the Court that the said Marshal of the District aforesaid, cause the said Steve Bussell to be taken hence, and him, the said Steve Bussell safely and securely keep, from the date hereof, until Friday, the 19 day of April, A. D. 1889, and on that day and between the hours of nine o'clock in the forenoon and five o'clock in the afternoon of said day, the said Marshal, cause the said Steve Bussell to be taken to some convenient place within this District, to be appointed by said Marshal, and then and there, between the said hours of nine o'clock in the forenoon and five o'clock in the afternoon, on Friday, the said day of April, in the year of Our Lord One Thousand, Eight Hundred and Eighty Nine, cause the said Steve Bussell to be hanged by the neck until he is dead.
And it is further considered by this Court, that the United States of America, do have and recover all their cost in and about this prosecution laid out and expended and that they have execution therefor.
And the Clerk of this Court is hereby required to furnish the Marshal of this District with a duly certified copy of this Judgment, Sentence and Order, which shall be returned by said Marshal, with a full and true account of the execution of same.
UNITED STATES OF AMERICA,
Western District of Arkansas,
I, Stephen Wheeler, Clerk of the District Court of the United States for the Western District of Arkansas, hereby certify, that the above and foregoing is a true and correct copy of the Judgement, Sentence and Order in the above entitled cause, as the same appears of record in my office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
The seal of said Court, at Fort Smith, in said District, this
2 day of Feby., A.D. 1889
Stephen Wheeler, Clerk
I M Dodge, D. C.
_________________
[On the Back]
This writ returned not executed. Deft. Commuted to life imprisonment by President.
John [Oswall?]
US Marshal
By J R [Pettygrew?]
Deputy
Tuesday morning 8 o'clock, Apr. 16 A. D., 1889
Court met pursuant to adjournment. Present, the Honorable Isaac C. Parker, Judge of the District Court of the United States for the Western District of Arkansas.
UNITED STATES No. 1941
Versus Indictment for Murder
Steve Bussell In the Indian Country
On this day comes the Marshal and presents to the Court a Commutative of Sentence, by the President of the United States in this cause, which commutes said sentence to imprisonment for life.
Whereupon, the premises being seen, and by the Court well and sufficiently understood, it is considered by the Court here that the said Steve Bussell 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 his natural life and that he pay to the United States of America a fine of ____________ Dollars, together with all their cost in and about this prosecution laid out and expended, and that they have execution therefor.
It is further considered, that the Marshal of the Western District of Arkansas, in whose custody the said Steve Bussell is now committed, receive and safely keep and convey the body of the said Steve Bussell hence to said Penitentiary, in the State of Arkansas without delay, and deliver him to the custody of the keeper of said Penitentiary, who will receive and safely keep the said Steve Bussell in Jail in execution of the sentence aforesaid, and in conformity with the same, for the full period of time aforesaid.
AND IT IS FURTHER ORDERED, That the Clerk of this Court furnish the Marshall of this District with two duly certified copies of this judgement, sentence and order, one of which shall be delivered to the Keeper of said Penitentiary, and the other returned by the Marshal to this Court, with a full and true account of the execution of the same.
I, STEPHEN WHEELER, Clerk of the District Court of the United States, in and for the Western District of Arkansas, hereby certify that the foregoing is a true and correct copy of the Judgment, Sentence and Order in the above entitled cause, as the same appears of record.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
Affixed the seal of said Court, at Fort Smith, in said District, this
16 day of Apr A.D., 1889
Stephen Wheeler, Clerk
By I M. Dodge, D. C.
________________
[On the Back]
Received, At the Arkansas State Penitentiary, at Little Rock, State of Arkansas, this 17 day of April A.D., 1889 from John [Carroll?], Marshall of the United States for the Western District of Arkansas, the body of the within named defendant Steve Bussell, together with a copy of this Writ.
N. Johnson, Warden
By D. Baker
I Certify, That I have served the within Writ by delivering the within named Steve Bussell together with a copy of this Writ, into the custody and hands of the Warden of the Arkansas State Penitentiary, at Little Rock, in the State of Arkansas, on the 17 day of Apr 1889 and have his receipt therefor endorsed thereon, as within I am commanded.
John [Carroll?]
United States Marshal, Western District of Arkansas
By G O Denton
Deputy
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