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Chronicles of Oklahoma
Volume 12, No. 2
June, 1934
A TRIAL AND EXECUTION AMONG THE CREEKS

Page 142

On the night of Jan. 1, 1896, at a dance, Timmie Jack whilst drunk killed James Brown (both Euchees) with a knife. Being apprehended he was charged and tried at Isparhecher court ground 4 miles west of Beggs, for murder, in the Okmulgee District court the following proceeding being shown by the records of said court:

     Muskogee Nation          
             vs.   }   Murder
     Timmie Jack          

Charged with killing one Jas. Brown. This crime was committed on the night of January 1st, 1896 against the peace and dignity of the said nation.

Witnesses for Prosecution.     Dft. Witnesses.
Jas. Brown Sandy
Geo. Long Alloe
Daniel Bigpond John Stella
Andy Johnson Stanwaitie Bighead
Lyra Brown Candy Squire
Karthoney James "
Thos. Brown Kethe
Stanwaitie Bighead Conge
John Stilla William Littlehead
Pros. Atty. & Assistants:    Dft. Attorneys:
Thos Grayson C. B. Perryman
Ben McIntosh Lewis McGilbra
S. J. Haynes George Tiger
Jeffry Smith Alex Davis
R. R. Bruner   

                              JURY   
Austin Anderson                         Wash Adams
Woxey Harjo Ben Porter
Keeper Johnson Timmie Tiger
George West Skianger
Isaac Manuel Joseph Gibson
Pompey Phillips E. E. Hardridge

Page 143

The jury in this case failed to agree on a verdict and turned the case back to the court Febry. 25th, 1896.

On a second trial the following proceedings are shown by the record:

     Muskogee Nation          
             vs.   }   Murder
     Timmie Jack          

Charged with killing Jas. Brown. This crime was committed on the night of the 1st of January 1896, against the peace and dignity of the said Nation.

Pros. Witnesses:    Dft. Witnesses
James Brown Sandy
George Long Ello
Daniel Bigpond Candy Squire
Karthlona Kittie
Thomas Brown Wm. Littlehead
Stanwaitie Bighead   
John Stilla   
Pros. Atty and Assistants:      Dft. Attys:
Thomas Grayson C. B. Perryman
Ben McIntosh Lewis McGilbra
Sam J. Haynes George W. Tiger
Jeffry Smith Alex Davis
R. R. Bruner O. A. Morton
   Jim Haynes

                              JURY   
Lincoln Postoak                         Pigeon Scott
Wm. Eufaula Tulmarsey
Stanwaitie Harris Berryhill
Martin Davis Sandy Tobler
Marchie David Barnwell
Pufney Tiger Turner Bradley

                              VERDICT

We the jury selected to decide the above case after a care-

Page 144

ful investigation of all the evidence in the case find the defendant guilty of murder as charged in the indictment.

Lincoln Postoak
Foreman

Approved
J. F. Marshall
Judge, Okmulgee Dist.

J. H. Lynch, Clk.

Sentenced to be shot between the hours of 9 A. M. and 4 P. M. April 28th, 1896.
Reprieved 3 days by Isparhecher.
Executed in accordance with law.

After sentence he was brought to Okmulgee and confined under guard in the Council House. At his rquest he was permitted to go home in charge of a lighthorseman, returning to Okmulgee a day before he was to be executed. The lighthorseman who was to execute him not having been aligned with him as a friend, and desiring a friend to shoot him he requested the trial Judge to designate his friend Pleasant (Duke) Berryhill, the Sheriff of Okmulgee County, to execute him, which request the Judge granted.

1Whilst a carpenter and another party were making his coffin in a blacksmith shop in Okmulgee, Timmie Jack came by, his wife with him, looking at it and buttoning up his coat he laid down in it as if to see whether his body would fit into it, after which he accompanied his guard to the Council House.

The next day he was executed by Berryhill who considered it his duty to do so on the request of his friend, thereby preventing an enemy from carrying the execution into effect. Berryhill fastening a small piece of white paper over his heart, shot and killed him with only one fire.

Effort being made to have the Principal Chief Isparhecher to pardon him which being opposed2 by a counter petition on the part of the friends of deceased, consisting of Billy Brown, a brother, and others, the Principal Chief declined to interfere with the carrying into effect the sentence of the court, although he postponed the execution for three days.

R. L. Williams





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