Deputy U. S. Marshal Bob Nestor, his posseman Luther Smith and Citizen William Bradley, were examined by Commissioner Hocker for the alleged unlawful shooting of Henry "Shoo-fly" Smith, aliased Allen. According to the testimony given, Nestor and posse had been hunting Smith for several days before they came upon him near "Moon" Blue's cabin. Shoo-Fly spotted the Marshals first and opened up on them with a Winchester as they topped the rim of a ravine. All four officers took shelter behind trees and the enemies began exchanging shots. Shoo-Fly, even though protected by a 10 inch round oak was caught in a crossfire and died from the effects of wounds in the left forearm, the side and the head.
Witness Albert Stevenson stated Shoo-Fly had spent a night at his house and that he admitted to Stevenson that he was aware the Marshals were pursuing him. Stevenson insisted he told Smith to give up, but Shoo-Fly said he was determined to kill one or more of the officers before he left the country. Testimony from Anderson Gordon who had seen Shoo-Fly in the Seminole Nation some 12 days earlier showed the deceased had made similar statements. At the conclusion of testimony, Hocker found the matter fell into the category of a felony and should be heard at Paris, the court having jurisdiction. The defendants were then released on a $1000 bond and the matter bound over.
Source: Territorial Topic, September 19, 1889
From Atoka Indian Citizen, April 27, 1889: Bob Nestor ran onto a whiskey peddler at the stock yards below town on the 19th. He fired at him four times but failed to halt him.
From the Indian Citizen, September 14, 1889: Paris Texas, Sept 9--United States Marshal Dickeron received a telegram from Deputy Marshal Bob Nestor that he had killed a man name Shopley Friday morning near Stonewall, Chickasaw Nation, while trying to make an arrest. It is not known what Shopley was wanted for and it is supposed that the warrant for his arrest was issued by Commissioner Hocker of Purcell. Stonewall is off the railroad about seventy-five miles from Purcell.
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