Currently researching Capt J.H. Mershon. He was DUSM for Parker. OkLawDog has been very helpful.

Since I just signed up, I thought I would start a new subject and introduce myself as well.

My name is Farron Kempton and I have done quite a bit of research on Deputy U.S. Marshal's of Judge Parker. I also have a fairly good library on DUSM's, Indian Territory, and Old West in general. I am also active with living history and reenacting.

Farron L. Kempton
aka Spooky Luke DUSM
aka Capt. J.H. Mershon

Bill Black, Superintendent of the Fort Smith National Historic Site, is a distant relative of Mershon and has quite a bit of information on him. Mershon owned a saloon in Fort Smith, among other businesses.

James H. Mershon was one of the earliest commissioned Deputy Marshals working within Indian Territory. Mershon was born in the state of Kentucky in 1838 and saw service with in the 2nd Kansas Cavalry during the Civil War. In 1872, Mershon received an appointment as Deputy United States Marshal to the Federal District Court of Western Arkansas, at Fort Smith. Because of his bearing and military service, Mershon was often accorded courtesy titles by the press such as: Colonel or Captain Mershon.
Mershon frequently appears in the 1877-1879 records of Fort Sill transporting felons arrested near the fort to arraignment at Fort Smith. In October, 1877, he dropped by Paul's Valley to serve arrest warrants on Sam Paul and a local widow, Mrs. Bryley, for operating a saloon in the Chickasaw Nation. Then in December, of the same year, Mershon arrested Sam Paul and Jacob Kelder for the alleged murder of one John Farrell, a man from Texas being held on a murder charge, Mershon had a running feud with another truly dangerous man, Sam Paul, of Paul's Valley. Legend says the bad blood between the men may have caused Mershon to quit the Marshal's service when Paul got clear of alleged crimes Mershon had arrested him for. There may be some truth to the legend, as the timing of court cases involving Paul, and Mershon's departure from federal service, support the story.
Many of Mershon's arrests were routine and remain undocumented, but Mershon's most famous case, or at least the one in which Mershon's testimony received the most play was the 1882 Rattle Snake Cave crime, a particularly gory affair which took place in the Arbuckle Mountains and involved the murder of a girl who was disposed of by throwing her body down a cave. The prosecution, to try Bully Joseph for the murder, had to recover the body. A lantern was lowered 60 feet before striking bottom. Deputy Mershon, since it was his case and the chain of evidence rules applied even then, was assigned the unpleasant task of descending into the well for the decomposing body. Mershon found the well full of rattlesnakes and he was terrified of snakes. Deputy John Spencer made the descent and retrieved the body.
The Fort Smith Elevator, for August, 1882, credits Mershon for bringing in J. G. Clayton, wanted for murder. Clayton was one of two brothers, Raymond and Jerome Clayton, who attacked the Ward brothers at close quarters with pistols and shotguns, killing one of the Wards and wounding the other. Jerome Clayton was also wounded in the gunfight and had been recovering at home while his brother Raymond was in jail awaiting trial. Two months later, Mershon appeared at Fort Smith with prisoners: Martin Joseph, Billy Johnson, and George Bruner, all wanted for murder. He also brought in Walton, Golden and Young on larceny charges; a Mr. Dillon for introducing whiskey; and a Mr. Beck for assault. In the winter of that same year, Mershon arrested Sam Paul a second time for the act of murder, a case which will be discussed fully later.
In March, 1883, while east of Caddo, Mershon shot and killed a man named Cutler of Grayson County, Texas. The man was suspected of committing murder and resisted Mershon's attempt to affect his arrest. In 1884, Mershon and Bas Reeves returned to Fort Smith with the usual boat load of assaulters, whiskey runners, rustlers, and the like, including one man wounded by the Indian Police. On the way in, Mershon had attempted to arrest a Creek full blood named Hamilton, and in the chase, Mershon's horse fell and the posse ran over him, bruising both considerably. This trip also involved Bas Reeves famous gun fight with Jim Webb in the Arbuckle Mountains. In Oct., 1884 at Durant, in an attempt to arrest Max Robinson, Tandy Folsom and Wesley Hays, for whom he had warrants charging them with train robbing and cattle stealing, Mershon and posse got into another gun fight. I wish I could give more detail but the print was too fine and faint for my weak old eyes.

FSE, Nov. 14, 1884
Indian Journal
A Lively Fight
On Monday, the 3rd day of November, Bruce McKee, George Rounds, and Bud Pulsey, three of Mershon's posse, went to the house of old man Layson on the head of Glass Creek, Chickasaw Nation, for the purpose of arresting Layson and his son Jonas, who are charged with murder. As soon as the officers approached the house, Layson and his son, together with some other parties, opened fire on them and a lively fight ensued in which old man Layson was killed and Jonas severely and probably fatally wounded. Bud Pulsey was shot in the arm, the bone being shattered in two places and George Pound received a flesh wound in the arm. McKee took his wounded companion, Pulsey, to Dennison, Texas and he died there on Sunday last from the effects of his wound. This is the same party that Mershon had a fight with some time ago.

A Terrible Blunder Made by Marshal Mershon's Posse
On November 13th, we published an account of the killing of Jonas Laison and S George... Pound and Bob Pulsey were wounded, the latter so seriously that he afterwards died. It seems now, through the agency of one Henderson, a terrible mistake has been committed and two innocent men lost their lives...He was to guide the posse to the home of the Liasons. Some years ago, Jonas Liason had killed Henderson's brother and a feud still existed between them in which Witt Blankenship, another of the posse, was also mixed up. They stopped at a house to enquire the way and as they were all drunk it was sometime before they reached the home of the Liason's only a short half mile away. In the meantime, Jonas Liason and George had heard of the men's approach and fled. As the posse came to the house, the dog began to bark. Old man Liason went to the door to learn the cause when he was shot down and killed, the door being completely riddled with bullets. The posse supposed the old man to be the party they were after; Henderson not informing them better. Dick Liason, a son of Jonas, ran to the door and seeing Henderson supposed it to be a continuance of their old feud and determined to sell his life as dearly as possible, he went into the house, grabbed his Winchester, and stepping into the yard, returned the fire with the above results. He continued the firing until he was so badly wounded that he fell, and the posse owing to their casualties withdrew.
This is the report as told us by reliable parties who are willing to swear to it, and its correctness is acknowledged by Marshal Mershon. Mershon says however that he did not order the men to go and take Liason and consequently he is no ways responsible for their acts. He has discharged part of the force and will get rid of the rest as soon as possible.
The Journal's informants should enter their complaints before the court here and we are certain they would receive proper attention. The case as reported to Marshal Boles shows up in a different shape altogether.

One of the more notorious cases Mershon solved was the 1886 arrest of James Lamb and Albert O'Dell, two men hired by farmers Edward Pollard and George Brassfield. Mr. Pollard's wife became enamored of Lamb and began a passionate relationship with him, while Mrs. Brassfield took up with O'Dell. Their open conduct became a neighborhood scandal and Brassfield left his wife and farm in disgust. Pollard, not so easily intimidated, stayed. Since they couldn't shame Pollard off his farm, the murderous quartet plotted the man's death and on the night of December 26, 1885, O'Dell and Lamb ambushed Pollard as he returned from a trip to town. Pollard's body was found two months later and Mershon got the assignment. After interviewing several witnesses, Mershon figured out the how and why of the murder and subsequent sequence of events, including the probable route of the murderers. After locating the parties on Buckhorn Creek, a few miles south of present Sulphur, Oklahoma, Mershon arrested Lamb, O'Dell, and Mrs. Pollard, who was pregnant. Madam Pollard, upon arrival at Fort Smith, made bond and went to live with relatives in Missouri where she gave birth to twins, then died within a few hours of delivery. Lamb and O'Dell, in their separate trials, wound up convicting each other by trying to assign the other all the blame. The juries elected to hang both and let God sort the souls.
In 1886, Mershon left the U. S. Marshal's service to move to Dennison, Texas where he lived out the remainder of his life. However, he spent some time traveling in the territory in intervening years, as in 1887, Mershon was working as an Express Agent for the Santa Fe Railroad between Purcell, Indian Territory and Gainesville, Texas. Later, that same year, Mershon was appointed railroad agent at Corsicana, Texas. From there, the trail gets vague. In 1898, Mershon became insane and was placed in an asylum in Terrell, Texas, where he died of heart failure April 16, 1899. Because of his long and faithful service, Mershon's body was conveyed to Fort Smith where it was interred in the government cemetery.

This message has been edited. Last edited by: Tower,

Wow, great stuff. Thank you.

I thought I would also add that Mershon actually fought on both sides in the Civil War. He first fought for the Confederacy with the 15th Texas Cavalry, Company B. He made is escape at the Battle of Arkansas Post, Jan. 11, 1863.

He enlisted at Waldron, Arkansas Feb. 11, 1864 and mustered out at Ft. Gibson, C.N. June 22, 1865.

I have transcribed testimony from an incident where he was accused of 'Killing Schoolboys', later being cleared by grand jury. This incident was the first involving Jonas Laison.

I also have records that he owned a saloon in Ft. Smith.

quote:

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I thought I would also add that Mershon actually fought on both sides in the Civil War.

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I've often wondered how unusual that was, serving on both sides. Somewhere I read that Captain Sam Sixkiller first served with Stand Watie's Confederate Mounted Cherokee Rifles, but then switched sides and joined a Union artillery regiment.

--meursault

That's interesting, didn't know he'd served on both sides. Fact is, I haven't located a real good source-story on Mershon at all. Fighting on both sides was more common than most believe. Lots of folks did, some for principles and some for the bounty. Some got "galvinized" like old Sam Garvin for whom my home county is named. He enlisted in a Confederate outfit that formed up in Colorado, got captured while enroute to the war, and was given the choice of prisoner of war camp or Union service on the western frontier. He chose the latter and was a forage master in Kansas for the remainder of the war.

"Source Story", as in what? I know Diron was working on a story about Mershon. I'm new to this forum, and I've just sent in my application to Oklahombres.

I've got quite a bit of info on Mershon. Copies of warrants, newspaper articles and his pension record. Also have copies of the incident where he was accused of killing school boys, about 20 pages of my own transcription. Plus copies of the Lamb-Odell case. Ft. Smith Park Ranger Eric Leonard put me on the path to Mershon over two years ago. I'm just not sure how to put it together.

I just love this board, no matter how much you know or think you know, you always learn something new. What I meant was: one place, a book or article with Mershon's story. It probably exists but I couldn't find it.

A book or even story? That's what I thought. I don't think one exists either. Bill Black, Super at Ft. Smith, says he plans on writing one, that he has a four-drawer file cabinet full on info. But of course, he's reluctant to share.

I've got a good collection of reference books on Ft. Smith and Parker. I don't know of a book strictly about his Deputies. I've planned on writing a bit on what I know (the people that know me personally say I should). That's why I joined up with Oklahombres, to figure out how to get this stuff to print.

I did put together an index of "WEst of Hell's Fringe", too, if'n anybody is interested. Depending on which print it is though, according to Diron.

Thanks for the comments.
Farron

Okay, how accurate are the histories? Going thru my Mershon files, I read the �Goodspeed Histories of Sebastian County, Arkansas� published 1889. The article mentions that Mershon rode Lexington, a Kentucky horse, at the great post stake, at New Orleans, when he beat Lacompe, Highlander and Arrow�

So, now I start an Internet search for more info on Lexington, or �Great Post Stake�. I find that Lexington is a Famous Kentucky Horse, in a �Fair Grounds Racing Hall of Fame�, along with his owner in 1854, Richard Ten Broeck, who promoted this huge race in New Orleans at Metairie, �The Great State Post Stake -- a marathon event of four-mile heats, the winner of which would be the horse to win two straight heats -- was a triumph of promotion that drew thousands of spectators. Lexington, who was purchased by a syndicate headed by Ten Broeck prior to the event, won from the Louisiana-bred Lecomte and two others.�

But to my surprise, no mention of who the jock was! Ack! I found one site that lists the following :

Lexington: 1850 bay colt by Boston out of Alice Carneal by Sarpedon
Owner: Richard Ten Broeck
Breeder: Dr. Elisha Warfield
Trainer: Harry Burbridge, J.B. Pryor
Riders: Henry Merchon, Gil Patrick

J. H. Mershon would have been 16 years old at the time. I do have reference that his full name was James Henry Mershon. So is it possible the same person?

I believe you have come across some very interesting new information on J.H. Mershon. I do believe it is highly probable that he was a jockey as a teenager. Mershon definately needs someone to write a book on his life. A remarkable man.

Art,

I'm hoping I can write a book on Mershon, or at least, some stories. I've already started making notes and have about 60 typed pages.

I'm also a new member of Oklahombres, so maybe I can get some guidance from the others in the group.

I'm also friends with another writer whose name you will probably recognize, Chuck Sasser. He lives in Cheautau (sic)? He has written many 'army/marine' type books, including 'One Shot, One Kill'.

Farron (Luke Packer)

This next post is just to quirky for me not to add. While doing research on the 'Great States Post Stakes' that was run at Metairie Race Course, I came across what became of the horse track.


In 1870, Charles Howard wanted to become a member at the very exclusive Metairie Race Course, the site of the famous match race between Lexington and Le Compte in 1854. When the elder Howard was denied membership, he supposedly issued a warning to the membership committee and suggested that they reconsider his application. He told them that if they did not look upon him favorably, he would buy the race course and turn it into a cemetery. As you can see, Charles Howard was not a man to make idle threats. Two years later, on July 2, 1872, the horses were replaced by hearses when Metairie Cemetery was dedicated. (This explains the cemetery's circular shape!)

The following is a short excerpt from a statement that I transcribed, by Deputy U. S. Marshal J. H. Mershon, dated May 30th 1883. It was in a set of depositions collected for an inquiry into "the killing of school boys" shooting affair at Delaware Bend, Chickasaw Nation, May 12th, 1883. I thought I would share a bit of the language. I'm also curious as to the fact that the marshals left the bodies where they fell. Jonas Laison apparently did not die, since there was another shooting affair in Nov. 1884. The Grand Jury did not indict Mershon on charges of murder.


Having a writ for Jonas Laison, Siloam George and one Kimlin alias Robertson Shelton. I went to Denison, Texas. There I met George Henderson and S. A. Blankenship who informed me the above named defendants were near Delaware Bend Crossing on Red River, and in the Chickasaw Nation, and expressed themselves as very anxious that I should arrest them, offering to go and show the parties to me. The defendants were charged with murder in cold blood of Joe Blankenship and Jeff Henderson on the 15th, April, 1883 on the north bank of the Red River at Delaware Bend Crossing in the Chickasaw Nation. . . .

. . . Cutler and myself led him out of the cabin which was very dark. When we got him out of the cabin, and to where it was lighter, the parties with us told us that he was not one of the parties we were after; when he became more quiet. Just at this time we were surprised by some of the parties with us exclaiming "here are the ones here they come", and turning my face and looking out in front of the cabin I saw some men coming at us through a grove of small trees, and just as I looked I saw a tall Indian jump behind a small tree and holding his pistol in both hands fired at us. I then as soon as I could speak ordered the men with us to take charge of the man we had found in the cabin, and not let him go back into it; by the time I did this the party of men in the grove fired two more shots at us, one of them glancing the first and second fingers on my right hand sufficiently to draw the blood freely from the second finger. I then commanded Cutler to fire, by saying "turn her loose", I had previously told Cutler that he must in no instance fire until I ordered him while he was with me.
Cutler and myself then both fired at the party that was firing upon us, as rapidly as we could, using our shotguns and pistols. When we began firing some two or three small boys jumped up from behind the parties that were shooting at us and ran off in an opposite direction. I think there were only two men firing at us, and they only fired two or three shots after we opened fire upon them; the trees being too small to protect them they turned and fled one of them hollowing like he was shot.
He ran in the same direction in which the boys had ran or rather were then running. I shot at him with my shotgun as he started to run.
Soon after the shooting ceased one of the boys returned, and appeared to be badly wounded and I have since learned that he died. . . .
Jonas Laison was the first one who fired upon us, and when we opened fire, the first shot I fired, which was with my shotgun, I directed it at Laison, who at once left his tree and ran towards Cutler; and when within a few feet of Cutler, Laison fired at Cutler, hitting Cutlers gun. Cutler says he fired upon him (Laison) with his shotgun, then Laison ran a few yards and fell dropping his pistol some four feet from where he fell. We only remained at the place of the shooting some three to five minutes after the fight was over. Laison was nearly dead when we left. We left Laison and his pistol lying just as they fell.
The reason why we left so soon as because the boys who ran off ran in the direction of our horses, and we were afraid they would steal them and run off on them. We heard the horses making some noise and thought possibly they were getting off with them. . .
I think there were about 7 Indians in all including what I supposed the three boys who ran off and one of the boys who ran off, I think was Kimlin, one of the murderers. . .

(signed) J. H. Mershon
Deputy U. S. Marshal

Fort Smith, Ark.
May 30th 1883.

Here's the transcripts of a deposition given by Mershon, a letter written by him, and a portion of the final report re:Justice Investigation:



These files are transcriptions of the files, letters and affidavits relating to J.H. Mershon from the 1886 Department of Justice investigation of the Federal court for the Western District of Arkansas.

Transcribed by Eric Leonard, Park Ranger. 2001


Personally appeared before me, David A. Fisher, Examiner, Department of Justice, One J.H. Mershon, who, upon being by me first duly sworn according to law, deposes and says:

I reside in Ft. Smith, Arkansas. I was first appointed a deputy U.S. Marshal under Gen. D.P. Upham, and I served through his term. I was next appointed by Marshal Boles, and served through his time. My present appointment I hold from Marshal Carroll. I have arrested forty-five men as deputy under Marshal Carroll. This does not include arrests for contempt around about Ft. Smith. On November 17, 1885, I went on a trip and arrested Rufus Gillespie, without a warrant, on a charge of assault with intent to kill. On the same trip I arrested Albert Cheedle without a warrant on a charge of introducing liquor into the Indian Territory. To the best of my recollection these are the only two persons arrested by me without a warrant since the date of my appointment under Marshal Carroll. After making arrests without a warrant it was my custom to write immediately for a warrant, and usually I made my charge for arresting and for other services connected therewith from the date of its receival.
I select my posse and guard here at Fort Smith before starting. The charge for the service of the guard commences from the date of making the arrest located furthest from Ft. Smith, and runs from there until my return to Ft. Smith. The posse is paid at the rate of a day for each twenty-five miles of travel on the trip; unless it be that we are detained by high-water, and then the posse's per diem is allowed them for the time of such detention without the stipulated travel. This is done by a rule of the court. My posse never, to the best of my recollection, arrested any one whom I afterwards claimed to have arrested myself. They have served subpoenas for me; and the fees for subpoenas so served by them have been charged against the government the same as if served by myself – the dates and all.
I cannot now remember how many of the men whom I have arrested have been held by the commissioner, nor how many discharged. I buy a portion of the food for my trips – sufficient to do us until we get out into the Indian country, at Ft. Smith, before starting; the balance I buy along my route at different times as I need it and can get it. It has been my custom to take the total cost for food purchased divide that by the total number of days the guard, posse, prisoners and myself have been on the trip; the result of which division gives the cost per day for the trip. Multiply the result of this division by the total number of days the guard, posse, and myself have been on the trip, which gives the total cost for feeding self and posse and guard on the trip. Deduct this last amount from the total cost of food for the trip, which leaves the total cost of feeding prisoners on the trip. This last amount is proportioned among the prisoners by multiplying the cost per day per prisoner, separately by the number of days each prisoners has been in my possession. I keep an account of what I buy in the way of food for self and party, and what I pay for it. I generally keep it on a memorandum book, which I keep in my pocket. I have not that book with me now, nor am I positive where it is. I left a trunk containing books and clothing at La Flore's, in the Indian Territory, and I think perhaps this book is in it. In my cases, I attend all hearings before the commissioners in person. I am scarcely ever with the prisoners after they are arrested until they are brought to the Commissioner's office: by this I mean, I put the prisoners under the charge of the guards, and I ride off to serve other warrants and subpoenas, or at least to attempt to do so.
I arrested James Lamb, Mrs. Pollard, Mrs. Brassfield, and Albert O'Dell, in March, 1886, in the Chickasaw Nation. I arrested James Lamb and Mrs. Pollard at the same time and place. I arrested Mrs. Brassfield on the day after I arrested Lamb and Mrs. Pollard. I arrested O'Dell on the same day I did Mrs. Brassfield, but not at the same place. If my account shows that I arrested Mrs. Pollard and Mrs. Brassfield on the same day and at the same place it is wrong. If my account shows that I arrested O'Dell and Lamb on the same day, that too is wrong. I took them all to a house I had rented on Mill Creek, and kept them there for all of three weeks. During this time I rode over the country and made other arrests. I am acquainted with Elisha Lewis. I arrested Lewis the evening before I arrested O'Dell and Mrs. Brassfield, and took him also to the camp at Mill Creek, and kept him about three days. I then let him go. Between two and three weeks afterward I sent Jesse Scott after him, and they, Scott and Lewis as prisoner, caught up with us at one of our camps along the road. If my account shows that I had Elisha Lewis under arrest thirty-five days it is wrong. I think it is about sixty miles from the place where I arrested Lamb to the place where I arrested George Tims. I arrested Tims fifteen or twenty miles from Red River station – upon second thought I think it was not more than ten or twelve miles from Red River Station – and between that station and the place where I arrested Lamb. I did not go with Tims from the place where I arrested him & the camp on Mill Creek where I sent him; but I did send him in charge of Bruce Quigley my posse. I think it is about seventy-five miles from when I arrested Tims to the camp at Mill Creek. I arrested Nelse Jones near Jim Town and a short time after I arrested Geroge Tims. If my account shows that I held Nelse Jones the same number of days that I did George Tims it is wrong. I think it likely that I arrested Nelse Jones without a warrant; but I cannot now remember. I sent him to the camp at Mill Creek at the same time I did George Tims, but did not go with him myself. It is about seventy-five miles from Jim Town to our camp at Mill Creek. I arrested William McCall and Ed Gilmore near Johnsonville, three or few days after I arrested Nelse Jones. I left them in charge of J.M. Bragg, and I returned to White Bead Hill; and saw them next at McAllister. Charley Stewart, an Indian Police, arrested John Lee at White Bead Hill and took him to Cherokee Twon. I sent Stewart word from White Bead Hill, which is eight miles from Cherokee Town, to take Lee to my camp on Mill Creek. It is about forty-five miles from White Bead Hill to where my camp was located on Mill Creek. It is about one hundred and ninety miles from where my camp was located to Ft. Smith. I arrested W.S. Chandler at Atoka on my way out on this trip, and kept him with me until I arrived back at Ft. Smith about April 15, 1886. I arrested Thomas Carter near Paul's Valley some few days after I arrested Chadler; and I kept him with me until my arrival at Ft. Smith on the 15th of April. The body of my account as to dates I believe to be correct. I went from the place where I arrested McCall and Gilmore to White Bead Hill. It took me about one and one-half days to go there. I went to White Bead Hill for the purpose of arresting John Lee charged with robbing the U.S. Mails. When I got there I found he had been arrested by Charlie Stewart, an Indian Police, and that he was at Cherokee Town. I immediately sent word to Stewart to take Lee to my camp on Mill Creek, and that I would pay him for his services. I remained at White Bead Hill about a week. I went from there to the Canadian River, was water-bound there for one or two days and then went to my camp on Mill Creek, it taking me about one day to reach Mill Creek. I reached Mill Creek about the 4th or 5th of April and immediately started the party for Ft. Smith. It took them between ten days and three weeks to reach Ft. Smith from the camp on Mill Creek: I do not remember exactly how long. It usually takes about two weeks to make the trip with a heavy load – as I had at that time. I was water-bound one or two days at White Bead Hill. I was detained at the Canadian River one or two days, after I arrested McCall and Gilmore, and on my way to White Bead Hill. I think I was in error when I said a little while ago that it only took me a day and a half to go from where I arrested McCall and Gilmore to White Bead Hill.
[Adjourned the taking of this affidavit at 5 o'clock p.m., September 23, 1886, until 8:30 a.m. September 24, 1886]
[Examination resumed at 8:30 a.m. September 24, 1886]
I now remember that the full length of time I was going the forty or fifty miles from near Johnsonville, where I arrested Wm. McCall & Gilmore to White Bead Hill was in all about a day and a half. I was working in and around Erin Springs, about twenty-two miles northwest of White Bead Hill. I had sent word to my posse in charge of the prisoners and wagon to start for Ft. Smith as soon as possible. I sent them this word from Johnsonville at the time I arrested Wm McCall and Gilmore. I again sent them word from White Bead Hill to move toward Ft. Smith. I sent them word this time before Lee was arrested. What I mean, in my accounts, by saying I was detained by high water is, that the wagon and prisoners were detained. I was not with the wagon, nor prisoners. They never left the camp on Mill Creek until they finally started for Ft. Smith. I was in error yesterday when I swore that I went from Johnsonville to White Bead Hill for the purpose of arresting John Lee, on a charge of robbing the U.S. Mails. What I did go for was to arrest some parties at Erin Springs, I learned that John Lee had robbed the mails, I wrote to Charley Stewart from Erin Springs to arrest John Lee; and he arrested him a short time after he got my letter. The letter was sent to Cherokee Town; but the arrest was made at White Bead Hill. After Stewart arrested Lee he took him to find my camp. I don't know that I specially authorized him to do so in that particular case, but I think perhaps I did. I paid him $7.50 for taking Lee down to my camp, instead of the $10.00 as I stated yesterday. I was in error yesterday when I swore that Stewart had Lee under arrest when I got to White Bead Hill, and that I from there sent him word to Cherokee Town to take him on to my camp at Mill Creek, and that I would settle with him when I saw him. It was not such high water but what the stage could go from Cherokee Town to Mill Creek. I am not positive as to whether I got the warrant for John Lee at Erin Springs, Mill Creek, or when I arrived in Ft. Smith. I was in error yesterday when I swore that I got this warrant at White Bead Hill. My mind is fresher this morning touching this point than it was yesterday. I have not seen anything to refresh my memory since I left you last evening. It was about ten days from the time I arrested McCall and Gilmore before I arrived at my camp on Mill Creek – I started my outfit from Mill Creek toward Ft. Smith about two or three days after I arrived in camp. After they started, I myself went across to Stonewall, and from there to McAllister, where I met my men. Canadian River lies north of Mill Creek; and I went there from the camp first and before going to Stonewall. I went right on to McAllister from the Canadian, going within ten miles of Stonewall, on my way, but not stopping there at all. I was in error a moment ago when I said I went to Stonewall; what I meant being that I went near there. It was not your calling my attention to the fact that I swore yesterday that I went to the Canadian River after starting the prisoners toward Ft. Smith, that made me remember that I did not go to Stonewall direct. I next saw my posse, guards, and prisoners at McAllister. It was three or four days after I left my party at Mill Creek before I met them at McAllister. I stopped part of one day at the Canadian River going from my camp to McAllister. I was in error if I said that I stopped two or three days on the Canadian, on my way to McAllister. It is about forty miles from Johnsonville to my camp on Mill Creek. I started McCall and Gilmore, in the charge of J.M. Bragg as guard for Ft. Smith immediately after I arrested them. It is about ninety miles from Johnsonville to McAllister. I arrested McCall and Gilmore about the 18th of March, 1886. I joined my party including McCall and Gilmore about the 6th or 7th day of April. We were detained two days at McAllister, and arrived in Ft. Smith about the 15th of April. McCall and Gilmore, with Bragg as guard awaited us at McAllister about all of the time after I arrested them until I joined them again at McAllister. I now remember that they stopped at McCall or Gilmore's house or both, near Johnsonville, a part of that time. I paid Mr. Bragg for the feeding of these men while they were stopping at their own homes after being arrested and for the balance of the time he (Bragg) had them in charge. In stating to you yesterday how I apportioned the cost of feeding the prisoners, I included in that calculation, the sum I paid Mr. Bragg for finding McCall and Gilmore. I did not order Mr. Bragg to bring the men on direct to Ft. Smith; but, instead, told him that we would all meet at McAllister. I wanted us all to come from McAllister to Ft. Smith together in order that I might get my fees for mileage in making the arrests. This was not my reason for the delay in coming to Ft. Smith but we were detained because of high water. We were detained by high water more days than I have charged in my account during the fifty-four days I was out. If my account shows that I was detained ten days by high water on this trip, I can't remember whether that was all the time I was detained or not. The posse, guard, and prisoners at Mill Creek did not attempt to start for Ft. Smith until I arrived there and started them. Had they have started sooner they would not have been detained at McAllister any longer than they were because of my not reaching them. I tried to keep posted, and did – as well as possible, as to their movements. I was in error yesterday when I swore before you that I was not positive whether they had left the camp on Mill Creek when I sent Lee there or not. What I meant by that was: I had sent them word to move if possible; I knew it had been raining, and I had not heard of their starting; and for that reason I believed it very probable that they had not started and were still there. If my account shows that March 23rd was the last day on which they were detained by reason of rains, I cannot account for, and do not now remember, why it was they did not start sooner than over a week after that time. I was detained by rain after leaving them at the camp before they started, and between that place and McAllister. I do not now remember whether the posse, prisoners and guard were detained by rain or high water from the time they left the camp at Mill Creek until they arrived at McAllister, or not. It is a fact that we had to swim Yaines Creek on our trip from McAllister to Ft. Smith. This was at McAllister. I do not now remember whether we were detained any time after leaving McAllister and before reaching Ft. Smith or not. It took us four days- I think, to drive from McAllister to Ft. Smith after we started; we had two wagons and drove pretty fast. I do not now remember how long it took my party to drive from the camp on Mill Creek to McAllister. We could not average, from the time we left Ft. Smith until we got back more than eighteen miles travel per day. The time that the posse, guards and prisoners were coming from Mill Creek to Ft. Smith they did average more than eighteen miles per day. I, myself, traveled, after leaving my outfit at Mill Creek, on an average of forty miles per day.
My guard remained at the camp on Mill Creek when I was away; and my posse were out serving subpoenas a part of the time. What I meant by saying that I could not travel to exceed eighteen miles per day on this trip was that the time it took my posse, guard, and prisoners to come from Mill Creek here (to Ft. Smith) was about ten days, and that the distance was about one hundred and ninety miles.

(signed – J.H. Mershon)

Sworn to before me and subscribed in my presence this 24th day of September, 1886, at Ft. Smith, Arkansas.

David A. Fisher
Examiner, Dept. of Justice.

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Limestone Gap, Ind. Ter.

Col. A.V. Vanderenter
Fort Smith, Ark.

My Dear Sir,

I have just received yours of the 8th in which you stated that Col. Fisher desired me to write him at Muskogee and answer three questions, now as Col. Fisher is at this time in Ft. Smith please tell him for me that I am at a loss to know how to answer unless he will explain I don't have the remotest idea of what his questions are. I will come home just as soon as I am able to ride. I am at this writing unable to get on my horse; I have been suffering with reumatism. Seems to have set in earlier this fall than usual. I can say to you friend Vanderenter that my race is run. The exposure that I have went through in the last 11 or 12 years as U.S. Deputy Marshal has about finished me up. I am of the opinion that this winter will end my career. I suffer a great deal of nights even have severe attacks of palpitation of the heart.
Now I would send out and arrest some important men that I have writs for but Col. Fisher forbids it and tells me that such arrests are illegal so you can see that it is utterly impossible for me to make a trip. Once Col. Fisher advises me not to make arrests in that way I will be compelled to quit work. I suppose from what I have been out hear that my accounts are in a bad shape – however, I hope the report is not correct. I think that it would be awful on me. After riding & undergoing the hardship that I have suffered for the last years. And now being you might say broke all up in health and not able to make a support for my family to now be made to suffer and be perhaps disgraced all on account of some little frivolous wrong in my accounts. Please say to Col. Fisher that if I have made out my accounts charging the Govt. too much for my services to please make out his overcharges and I will refund the money. I do know of one thing certain that I have done enormous amounts of riding & hard work for the U.S. Govt. that I could not get one cent for undoubtedly. Col. Fisher has already seen that a Deputy Marshal can not get half paid for his services. Now it may be possible that I have made some errors in my accounts if I have it has only been done carelessly & I suppose he will find errors enough in all our accounts as they have set in to hunt them it is impossible for it to be otherwise. However as soon as I am able to come home I will come in and try to explain my accounts as best I can – and that is all I can do. Col. Fisher seen Charly LaFlore in regard to his accounts and I am sorry that he intimated to Charly that I advised him, Charly, to make out his accounts wrong. I can prove by LaFlore that I never in my life seen an account of his no not one and he tried so hard to make Charly say Mershon so advised him satisfies me that Col. Fisher has been advised against me.
Hoping to see you soon. I remain your friend & c.

J.H. Mershon


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December 10th, 1886

The Attorney General,

Sir:

In compliance with your letter of instruction of date September 9th, 1886, I proceeded to the Western District of Arkansas for the purpose of investigating the question whether or not the great expenses to which the Government has been put in carrying on the Court in the District could be decreased.
After reaching Ft. Smith, Arkansas, I was joined by Examiner Hardin, who had been detailed by you to assist in the examination in the District.
Having made a careful, thorough and complete investigation, we respectfully submit the following report.
We deemed in necessary, in order to fully understand the manner of doing business in said District, to begin at the foundation of charges of expense that could, under any color of law, accrue, and for that purpose we examined a great number of persons who had served as jurors and witnesses in said court; of those who had been before the court as defendants in criminal actions; and of those who had served as deputy-marshals, guards or posse comitatus, in executing processes issued by said court.

SKIPPING 10 PAGES TO END

In concluding this report we would respectfully recommend that Deputies Mershon, Kell, Pounds and Fair be removed at once from office, for presenting accounts which they know to have been false and illegal, and for conduct unbecoming the positions which they hold.
We would further respectfully recommend that the whole matter of illegal and false accounts be referred to Judge Parker and United States Attorney Sandels, with a view to the prosecution of the Deputies who have presented such false and fictitious accounts, with intent thereby to defraud the Government.
We respectfully submit a letter written by Deputy Mershon to Chief Clerk Vanderventer, in which he speaks of his own affairs. See "exhibit H". The part of the letter wherein he claims he cannot make service because "Col. Fisher" told him he could not, probably means that he cannot render accounts for service performed by his posse or guard, without being with them himself. Without further comment we submit the letter.
We firmly believe Deputy Mershon left Fort Smith to avoid being again examined by us. The affidavit which we took from him before we went into the Indian Country, is full of affirmations and denials of things affirmed, and we know that many of the statements contained therein are wholly false, and were made with intention to deceive us. See "Exhibit 19.)
Exhibits 37, 40, 41, 47, 50, 51, 54, 56, 57, 58, 59, 61, 63, 64, 65, 67, 73, 55, and 76 to 87, inclusive, transmitted herewith, and made a part of this report, are affidavits of Deputies, guards, posse and prisoners, which confirm the truth and correctness of the accounts rendered for services performed by the deputies and guards mentioned therein.

Very respectfully,

(signed – David A. Fisher)
(signed – Thos. B. Hardin Jr.)
Examiners, Department of Justice.

Great stuff here, Farron--thanks for posting it.

--meursault

Really good stuff!!! What I found it interesting was Mershon's "off the cuff" descriptions of distances and relative locations of the various communities. He was right on the mark when I compared it with the old maps. The only error, maybe, is that Erin Springs is slightly southwest of White Bead Hill rather than northwest as Mershon had it. The bit about his achy bones and fluttering heart humanize the man. I also feel for the old Marshal, my years working in government were fraught with encounters with bean counters too.