This is some new information which I just located at the Oklahoma Historical Society and suppliments my article entitled "The Sanctity of Marriage: The Extreme Vengeance of Asa-toyah" which appeared in the Winter 2004 issue of the Oklahombres Journal. Enjoy!
On the Trail
editor, Oklahombres Journal
Microfilm - Kiowa Agency Letters Received by the Department of Indian Affairs, 1878, National Archives Microfilm, Microcopy#M234, Roll No. 384
Fort Sill, I.T. June 30, 1878
To The Post Adjutant Fort Sill, I.T.
I have the honor to report that in compliance with your instructions to go to the camp of the Indian prisoners with Deputy U.S. Marshal J.H. Mershon and Mr. H.P. Jones, the U.S. Interpreter and assist the marshal in arresting two Indian prisoners, for whom he had a capias from the U.S. Court and bring them to this post, I proceeded on the 28th instant with Deputy U.S. Marshal J.H. Mershon and the Interpreter Mr. H.P. Jones to the farm of the Indian prisoners to arrest two Indians for whom the Marshal had a capias of the U.S. Court for the Western District of Arkansas. These Indians were to be arrested and sent to Fort Smith for trial for their attempt to assassinate Private Marshal Montgomery Co "A" 4th Cavalry. On arriving at the farm we found the Indians at work in the corn field and among  them the two to be arrested Mr. Jones told them the nature of our visit, and that the Marshal had come to arrest them and take them to Fort Smith for trial. I will state first here that these men knew that their case had been sent up for the action of higher authority and expected that something would be done as soon as it was acted on by this authority. An Indian named Pat-so-ko-to-hopt, the brother of one of these men named Chi-na-en, had promised General Davidson that he would bring his brother in and submit him for trial or anything else, if the General would let him stay out at the farm with him under charge of the guard there, which General Davidson agreed to. The mother of this man was in the field and objected very strongly to our taking him to the post and talked a great deal to influence him and prevent him from submitting quietly in fact did all she could by talking to make him resist at this time and all through the affair and  the fight that occurred was partly produced by her conduct. The brother (Pat-so-ko-to-hopt) of Chi-na-en was not in the field, but in a small tent outside of the camp of the Indians and about 200 yards from it; he being a medicine man; this was his medicine tent and thinking as a matter of course he would advise his brother, Chi-na-en, and the other man, Quer-a-mi-yah to come quietly with us and to avoid any trouble or possible resistance on their part, he having been before this one of the best and most reliable of the prisoners. The party with the Marshal went to this tent and then the capias was interpreted to all the Indians, Viz; Chi-na-en, Quer-a-ni-yah, Pat-so-ko-to-hopt and his mother by Mr. Jones, for the Marshal, in the most impressive manner known to the Indian language he interpreted this repeatedly to these Indians and used every argument that could be thought of by himself, the Marshal, and myself to induce them to surrender  quietly, they having refused and he Pat-so-ko-to-hopt) having refused from the first to let them be arrested. They, the two men the Marshal had to arrest, on arriving at the tent talked with Pat-so-ko-to-hopt, and he urged them not to submit and "Made Medicine" on them, stroked them, all over with his hands after making them strip off all of their clothing; he came to the front of the tent and extended his hands to the sun in a prayer which seemed to invoke the Great Spirit to protect them and give them strength to resist arrest with himself. Mr. Jones then turned to the Marshal and myself, he understanding what they said, and told me that they would resist under any and all circumstances and that he would advise more men be sent for which might overawe them . The Marshal concurring in what he said. During this time I had three of my men posted at a distance of about twenty yards from the tent at intervals around it; they were armed with their muskets and the two  other men left of the guard after sending the Corporal into the post with a message to the Commanding Officer that I thought more men would be required to make the arrest, had been ordered to come with their arms, to the tent, with these two men, when they arrived I had five men in all. I will state here that from the time these two Indians refused to come with the Marshal, until the time I ordered the men to seize them, I had waited fully two hours and a half or three hours trying by every possible argument to overcome their objections during that time, and one of the other Indian prisoners, Tabatosa, came up with Mr. Jones, who went after him, and he tried every argument he could advance to persuade them to give up to the Marshal without causing us to use force. In the mean time, several runners had left the camp, as we supposed to go to some of the Indian camps adjacent for assistance and having waited  at least two hours and fearing that a still more serious trouble would occur if any of the outside Indians came there, I determined to make the arrest at once as I did not apprehend a great deal of trouble in overpowering three apparently unarmed Indians with five soldiers. The Marshal concurred and he made a final appeal to them through Mr. Jones and told them that we would then have to take them by force and that they had better yield.
I had given instructions to my men who had been drawn nearer to the tent, that they at the command from me, were to spring on the three Indians and overpower them, using the butts of their guns only and not to injure seriously, either of the three Indians, if it was possible to avoid it. The old woman had gone off on a pony during the talk and was absent about an hour, and came back just about his time. She had a large Remington Revolver hid in front of her, under her shawl  and rode up just in front of the tent and stopped there. Pat-so-ko-to-hopt came out and stood right close to the pony. I told one of the soldiers (unarmed) the teamster of the wagon which had been sent out for the two men who were to be arrested to ride to the post in, to get down off of his wagon and seize this Indian, Pat-so-ko-to-hopt, from behind and hold him and for the guard to close in and knock the other two down with the butts of their guns. I had some rope prepared and in the wagon to tie them with just as the teamster attempted to seize Pat-so-ko-to-hopt, which he did not do quickly, and the guard stepped forward to take the other two, they reached down and picked up some knives (long butcher knives) and made a rush towards the party; Pat-so-ko-to-hopt attempting to get the pistol from his mother about the same time, but a moment previous I told the teamster to take the pistol from the woman some one having seen her trying to  get it out, and then saw the other two Indians, Chi-na-en, Quer-a-ni-yeh, coming towards me, they were only a few feet from me, (I was mounted so were mr. Jones and the Marshal) their knives raised to strike, at this instant the men made a pause, (some of them) and seeing I could not help myself and having again called to the guard to jump in on the Indians, I was compelled to fire at the one nearest on my right who was coming towards me with his knife. Pat-so-ko-to-hopt was, at that time, just to the left of my horse's head, and it was my impression he had got the pistol. When I fired one of the Indians, Chi-na-en, fell dead. Quer-a-ni-yeh then turned and ran out under the tent from its rear and advanced on one of the guard with his knife, when the man shot him; Pat-so-ko-tohopt reached out and I got a knife from one of the other two Indians, they being close enough to hand it to him. I did not see him take it, but Mr. Jones says that was the case, and almost immediately after the Indians made the rush  with their knives and when the first shot was fired, this man broke and ran. I then wheeled my horse and tried to run him down, overtaking him about sixty yards from the tent, when he turned and took my horse by the bridle and attacked me with his knife, dodging almost as quick as lightning from the right side to the left side of my horse, making cuts at me which I avoided by making the horse rear and turning him on or towards the Indian. I fired at him several times, but failed to hit him, owing to my horse plunging so much and the Indians quick movements. When, finally, I had but two loads left in my pistol I shot him in the shoulder by standing in my stirrups and reaching down over the horse's head with my pistol, that broke his hold, and he again took the horse by the bridle, trying all the time to kill me with the knife. I fired the last shot but again missed him but cocked the pistol and covered him again when he broke and ran. One of the guard just about this time [402\] shot him through the fleshy part of the thighs, when he ran about a hundred yards and fell. I rode up to him with Mr. Jones and told the man who came up not to hurt him, called to the teamster and had the men put him in the wago which they did, disarming him. I then had the other two Indians put in the wagon. Quer-a-ni-yeh expired just about this time, the first one was dead. The other Indians all stayed in their camp and did not run until Pat-so-colo-hopt[sic] ran towards them, when they all ran, men, women, and children and went across Cache Creek to the camp of the No-co-ni Comanche prisoners. Tab-a-to-sa's camp, (they being divided into two bands, and will not live together in one camp, the camp where the arrest was attempted are Qua-ha-day Comanches) None of them were hurt and they were not fired on but they ran to get out of the way of the firing and came back shortly after. I then returned to the post and met Genl Davidosn on his way out with a detail of six or seven mounted men. The wagon came a few minutes after and the wounded Indian was taken to the hospital, the two dead  onoes to the Guardhouse, by the order of the Commanding Officer, from which place they were buried after na examination by the post surgeon. The Commanidng officer then went out to the Indian farm and the Indians who had run from their camp, went back. In the meantime, the mother of Chi-na-en and Pat-so-co-to-hopt[sic] had set fire to Pat-so-co-toot's house. I arrived there with a detail by riding ahead of the General just in time to put the fire out, after it had destroyed a portion of the floor. During the time I had the struggle with Pat-so-co-to-hopt the marshal was firing on him with a revolver but did not hit him as he was too far off and our movements too rapid. During the few moments the fight must have lasted the men comprising the guard behaved with coolness and those I saw fire did not do so, except in the one case where the second Indian was killed, and he had to fire or be killed himself, but to protect me. Mr. Jones the Interpreter was unarmed and did not take any part in the fight except to hurry the men to my assistance. He is one of the coolest men I have ever seen at such  a time.
Mr. Jones and myself both rode among the Indians when we first arrived then and after it was known among them what we came for and told them not to be alarmed that it was not our intention to hurt any of them, or the two others if it could be avoided. A company of cavalry remained out at the farm during the night and nothing further occurred, the company and its officers Lieut. T.W. Jones 10th Cavalry were ordered back to the post the next morning.
Respectfully submitted [signed] S.R. Whitall 2nd Lieut, 16th Infantry
I certify that the above report is fully concurred in by me in all its details.
[signed] H.P. Jones
Hd. Qrs. Fort Sill, I.T.
July 2, 1878
Respectfully forwarded. I fully sustain the action of the officer (Lt. Whitall) in  charge of the Indian prisoners of war and the Indian farm, in assisting the U.S. Marshal in arrested these prisoners on the writ. The time had to come when the Indians should be taught obedience to Civil Authority in all matters that relate to offences committed by them upon the persons of white men. [signed] J.W. Davidson Lt. Col., 10th Cavalry
Bvt. Maj. Gen'l
On the Trail
Secretary, Oklahombres Inc.
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