(Source: Daily Oklahoman 5/16/1903 p.7 col.5)

HAS TAKEN 100 LIVES: Old Cherokee Gallows Still Standing at Tahlequah

Until five years ago, the Cherokees had their own code of laws and courts and other officers to enforce them. These laws were practically wiped out of existence by the Curtis Act and the Indian Courts were abolished. A few of the laws not inconsistent with the Arkansas laws, which apply here, are still in force.

Murder was a capital offense in the Cherokee country under the Indian laws and hundreds of Indians have paid the penalty with their lives.

In fact, the Cherokee courts did a land office business with murderers for years. Hangings at Tahlequah were very common. They came so frequently that the Cherokee Sheriff built a permanent scaffold in the jail grounds here for execution purposes. The old gallows still stands and is in perfect working order.

Old timers of Tahlequah say that more than a hundred murderers have stretched hemp from this scaffold. They have been hung singly, in pairs, and three at a time. The trap is large enough to "accomodate" three people.

The last time the scaffold was used, about six years ago, two Indians went down together. Since the Cherokee laws were wiped out and the Indian Courts abolished, all cases, both civil and criminal, are tried by the United States courts.

No hangings have occured since the change. The federal juries can bring in two kinds of verdicts for murder in the first degree. One provides for life imprisonment. The juries, now, always bring in a "life imprisonment" sentence for first degree murders. The court officials say it is doubtful if ever another man is hung in the Cherokee Nation.

Sometimes the executions were carried out by a firing squad, or even a single shooter known for his ability to shoot straight. Does anybody know how it was decided which method to use? Was the condemned prisoner given a choice?

--meursault

meursault, I read all the Indian papers online, and don't remember reading about hangings, altho. there may of been some memories of hangings in there, * I've forgotten. I'm thinking just from what I've read, the courts decided, and if there was a choice, shooting would be the choice. I don't have any source to give.

I've wondered if the Indian courts had records, and if so, where are they?

I, too, was surprised the Cherokee hung some of their criminals. Then I went back and examined Ethan Allen Hitchcock's "A Traveler in Indian Territory, the journal of his travels in 1841-42." When speaking of the Cherokee, Hitchcock reported whipping was the most common punishment and even blamed its use as the reason for the split creating the Western Cherokee. Then at page 62, he remarked on seeing a gallows at Talequah which had been "pronounced a sign of civilization." In speaking of the Choctaw, at page 220, he said,"Inferior Court is called when needed. Seldom needed....that is, one of the three for the district, the other two have each had a case of murder, one man sentenced to be shot."

In H. B. Cushman's, "History of the Choctaw, Chickasaw, and Natchez Indians," at page 158, he says the "rifle is invariably used as the instrument of execution, for the Choctaw who has been executed by hanging was regarded as accursed...his spirit must forever haunt the place where he was hung. Hence their horror of death by hanging, and the gallows has ever been unknown among them..." The Choctaw and Chickasaw were similar in custom and law and prior to prescribed punishments, execution for murder was by sanctioned vendetta, with a member of the slain's family/clan equal in stature to the known murderer being allowed, without fear of retribution from the tribe or others, to hunt down and kill the murderer.

It's an interesting topic and one little explored and documented.

Here are the names of some of the Native Americans (Indians), who were executed in Indian Territory, and their execution dates:

Jim Allen (Shot 9/24/1894); Mitchell Anderson (Shot 5/6/1885); Arneta (aka Ar-Ne-Ta, aka Amneter, aka Younger Davison)(Hanged 9/16/1881); Atowah (Shot 3/6/1887); Walter (or "Walker") Bark (Hanged 3/22/1895); Sarpire Bearhead (shot 8/4/1885); Thompson Bearpaw (Hanged 1/4/1893); James Bird (??? 6/30/1893); Anderson Burris (shot 11/14/1885); Bob Talton (aka Bob Rogers)(Hanged 7/31/1896?); Frog Davis (Hanged 9/19/1895); Joseph "Joe" Dick (shot 2/16/1894); Chester Dixon (shot 9/10/1880); Saffron Dyer (Hanged 8/21/1885); Fred & George Dunawa (or Dunnaway)(Hanged 4/17/1891); John Frog (shot 8/1/1891); William Goings (aka Walla Tonaka)(shot 7/13/1899); Haney (shot 4/ /1882); Charles Holmes (shot 5/ /1896); Timmie Jack (shot 5/1/1896); Levi James (shot 12/14/1883); Eli Levy (Hanged 11/15/1894); Silan/Silon/Solomon Lewis (shot 11/5/1894); Lilley (shot 4/ /1882); Elias Loring (shot 3/10/1893); Ruben Lucas (shot 5/31/1882); Daniel Luckey (Hanged 6/9/1882); Sam Mayes (Hanged 10/6/1893); Sam Newton (shot 3/5/1886); Willis Pettit (Hanged ???); Tom Ponaska (shot 1/6/1893); Pulmusky (shot 10/9/1896); Satanoke (shot 6/6/1879); Saunds (??? 3/6/1887); Dirt Seller (Hanged 10/18/1877); Archilla Smith (Hanged 1/1/1841); Richard Smith (Hanged 1/25/1889); Shade (or Spade) Sunshine (Hanged 9/9/1887); Sway Back (executed at Crawfish C.H. (OK?GA?) ca1828); James Swimmer (Hanged 9/18/1896); Te-Ka-To-Kah (Hanged 7/2/1847); Tulmosky (shot 3/ /1894); Tu-Ni-Ah (Hanged 10/10/1873); Charles Walsh & Henry Hadworth /or/ Charles Hadworth & Henry Walsh (shot 10/ /1896); John Waner/Warner/Weren (Hanged 4/15/1892); John Watka (shot 1/31/1897); John Wheat (Hanged 12/3/1879); Henry Williams (Hanged 9/19/1896); Jackson Wolf (shot 8/1/1891); Young Wolfe (Hanged 10/10/1873).

If anyone knows the names of ANY OTHERS, I would be very interested in hearing from you. Thanks!

quote:

Joseph "Joe" Dick (shot 2/16/1894);

This name is interesting to me, because it's either a Stockbridge or Brotherton name, I think.

I found this by Mr. Burton...

http://www.coax.net/people/lwf/FIP_PT1.HTM

"The Cherokee Nation had a gallows for execution at Tahlequah. None of the other Indian nations had a national prison and used firing squads for execution."

Thank you, old west for this post!

Thanks, Tower.

quote:

execution for murder was by sanctioned vendetta, with a member of the slain's family/clan equal in stature to the known murderer being allowed, without fear of retribution from the tribe or others, to hunt down and kill the murderer.

I know before they went to Kansas,& Oklahoma, the Delaware/Lenape had a "blood-revenge concept". I've been curious about if there are any recorded blood-revenge acts after they got to Oklahoma.

Beats me. That's probably one you'd have to take up with the Delaware. The Five Nations had a number of inter-tribal feuds with direct connections to the tribally sanctioned vendetta.

(Source: Indian {Eufaula} Journal 2/22/1894)

JOE DICK EXECUTED - The Murderer of Thomas Gray Pays the Penalty for His Crime at the Eufaula Court House:

The execution of Joe Dick, the young Indian who murdered Thomas Gray near Eufaula last August, came off at 3'oclock last Friday evening at the Eufaula District Court House, only a few spectators being present.

A few minutes before the appointed hour, he walked out of the court house and was told by his attorney, Bunnie McIntosh, who defended him without any fee, that the time was about up for him to die and that if he had anything to say he was ready to hear it. After a prayer by Rev. William McCombs, Bunnie McIntosh gave him a farewell talk.

He confessed his crime to Bunnie, privately, saying that he did commit the crime that he was charged with, and that he fully realized that he was not justifyable (sic), consequently he was willing to pay the 'death penalty'.

When the fatal hour rolled around, the officers blindfolded him and placed him at the root of a big tree on a box. He sat up against the tree perfectly erect and his attorney placed a card directly over his heart and turned him over to the two officers, Bob Roberts and John Hawkins, who were to execute him. They stepped back about fifteen feet and when the command was given, each shot a load into his heart, the bullets going in about half inch apart and came out in his back about the same distance. He gasped, uttered a groan, fell back and in six minutes expired.

Capt. Barney Green was standing just a few feet from Dick when he was shot, and immediately advanced forward and straightened him out. Thus ended the short but wild career of Joseph Dick. He joined the Baptist church about a week before his execution and said that the angels in heaven awaited his coming; that his crime-stained hands had been washed in the blood of the lamb and he had made his peace with God and man, and awaited with fortitude the time for his execution.

The crime for which he was executed is horrible in the extreme. During the month of August, last year, he slipped upon Gray in a lonely, desolate place in an old orchard and shot him in the back three times and then left him to decay and be devoured by the animals. Search was instituted for Gray three weeks before he was found. Two boys, in there one evening, discovered the remains, there being nothing left but the bones. Officers were notified and the bones gathered up and buried.

Dick was arrested a few days afterwards within a mile of the place and was tried and convicted, to be shot on the 4th of last September; but, (he) was granted a respite by Chief Perryman until the 16th of this month, and was duly executed, according to CREEK LAW.

The history of Joe Dick's incarceration will read like a fairy story; but, nevertheless, it is true. Christmas week, he told the officers that were guarding him that he was of a lively nature and would like to attend some of the dances that were going on through the country; and, if Capt. Green would lend him his horse and saddle, he would report the next morning bright and early. Joe went to the dance, danced all night and reported the next morning for breakfast.

At another time, while John Hawkins, the officer that half executed him, had charge of Dick, fire wood became very scarce around the house and he volunteered to got to the woods and cut and haul in a load, promising to return. After being out about three hours, he returned with a big load on his wagon.

After that, he was allowed to go anywhere he desired, if he would promise to report for duty at meal times. He was about 27 years old, a full blood Creek, and was of a good family. Like a great many young men, he went astray, and was an outlaw. The Creeks have no jails; therefor, the officers guard a prisoner after he is sentenced, until he is executed.

Thank you, oldwest.

I found it oldwest. John and William Dick were Stockbridge Indians in Wisconsin.
I was just wondering if they had come down into I.T. with the Delaware.

Sorry to sidetrack things.

According to my research the Cherokee and Chickasaw were the only tribes with national prisons. The Cherokees used the gallows at Tahlequah during the post-Civil War years. Prior to the Civil War they also used the firing squad. I have information on executions. If I can locate my information I will post it. The Chickasaw national prison was at Tishomingo. The Creeks, Choctaws and Seminoles released their prisoners to their families until execution time. A large portion of the men executed by all the Five Civilized Tribes were Indian Freedmen, black men. A large percentage of the men incarcerated were also black.