I located this old story in the Indian and Pioneer files, OHS some years ago and have always been curious about it. Does anyone know the rest of the details of this yarn?
"Shortly after he (Robert C. Krebs) was appointed deputy U. S. Marshal, deputy Erwin was killed. Erwin had arrested Felix Griffin for horse stealing and as he was taking Griffin to Ft. Smith, Jack Spannard (sic,)a pal of Griffin's, shot and killed Erwin from ambush. Spannard made his getaway.
A bench warrant was issued for Spannard's dog. The dog was the main witness in the case. When Wes Harris and I was given the warrant and ordered to go after the dog, we spent some time looking for the dog. We at last located him in Mrs. Griffin's yard, about 10 miles northeast of Webber's Falls. I was acquainted with Mrs. Griffin but she did not know I was a Marshal.
It was about noon and I asked if dinner was ready; she answered that it would not be long and for us to come in. When dinner was ready Wes just ate a few bites, excused himself, went out and got a chain from the saddle bag and caught the dog. I gave him what I thought was enough time, then I left the table. Mrs. Griffin came to the door with me, and seeing we had the dog, she asked: "What the hell are you doing with my dog?"
I told her were U. S. Marshals and had a warrant for the dog. She ran back into the house, got a Winchester rifle, but we were out of sight when she returned. Spannard was later caught and convicted for the crime.

A dog, you say? Hmmm. I have to wonder if these intrepid marshals applied for and received the normal milage fees for transporting so frisky a witness. One is further curious as to whether the dog testified for the defense or the prosecution. What would have been the penalty for perjury?

--meursault

I believe I remember reading this story before. The assailant's dog was left behind at the murder scene. Witnesses said it was Spaniard's dog. Law enforcement officers felt that if the dog recognized Spaniard in court it would indict him as the guilty party. The dog recognized Spaniard and he was soon thereafter convicted for the crime. Stranger than fiction, at least it is a story for the dog days of summer.

Might I assume that the proper legal venue for this canine justice was the Western District of Barkansas?

--meursault

Art, I found this posting at the Ft. Smith National Park site: Jack Spanierd,(or Sevier) a Cherokee Indian, was tried in the spring of 1889 for the murder of Deputy Marshal William Erwin. Spaniard shot and killed the Deputy in April 1886. The motive was to gain the release of Felix Griffin, a horse thief in Irwin's (sic) custody. Although other men may have participated in the killing, they were never captured and the jury found Spaniard solely responsible.
The park service has the Court's charge to the jury on line and states "This is one of the very first cases for which a type-written transcript exists. The 59 page transcript inculdes handwritten notes and corrections by the judge appear throughout. Spaniard was found giulty, and put to death on the gallows on August 30, 1889.
On the back of the final page of the transcript is written a notice:
"The Reporter has made many mistakes in reporting this charge. I have corrected such of them as will enable the sum of the charge to be seen.
I.C. Parker
Judge"

Yes,

This story has been in several books. Spaniard and Griffin are buried in the Griffin Cemetery just to the south of Webbers Falls, Oklahoma. I have been to this cemetery many times and wrote about it in a past issue of the OklahombreS journal under my "Tombstone Trails" column.