Sunday, November 28, 2004

 

Rustlers on the Range

In the late 1800’s my grandfather, William Calvin Turner, homesteaded in Indian Territory, now the western half of Oklahoma. In many respects it was the last frontier of the lower 48 States. Thus, a lot of criminals would flee there and revamp their trade a little. You guessed it! They became cattle thieves, known as rustlers, the worst kind of criminal on the open range. They were a menace to ranchers and homesteaders alike, who were always missing livestock.

One day two boys, traveling on foot, got caught is a storm. They decided to take shelter in a nearby abandoned farmhouse. However, while they were in the house, they discovered that the house was not abandoned, at least not totally. They were in the rustlers’ hideout. The scared boys kept quite and out of sight.

The rustlers gathered. But one was missing. One man said; “My horse jumped and I heard a spur jingle.” Another replied that the missing man was dead. The rustles continued to talk. They were making plans for their next criminal activities. Little did they know this would result in their end.

After the storm ceased, and the rustlers had left, the two boys continued on their journey home. They told their father everything they had heard. Their father called together four other homesteaders. This was the break they needed. It was time to round up the criminals.

Knowing the rustlers’ plans, the homesteaders were successful at catching five of those thieves. They prepared to take them to Fort Smith, Arkansas for trial. That was the nearest court, but it was four days journey away.

The homesteaders had not gone far with their prisoners before they were approached by five masked men, guns drawn. “Hand over your prisoners,” the leader demanded. “Ride back home and don’t look back.” The homesteaders obeyed. What else could they do?

The masked men hung all five rustlers on the same tree.

After that no livestock went missing for a very long time!

Several weeks later a Marshal came into Indian Territory where the five homesteaders lived. He had a warrant for their arrest. They had been charged with the murder of the five rustlers. (Another Marshal had refused to issue the warrant, saying: “Those are the finest men in that area.”) The homesteaders had a meeting to decide whether or not they should go with the Marshall. (That shows how much power he had in that untamed land.) The men decided that they should go and get the matter cleared up. After all, they had done nothing wrong.

The four-day trek to Fort Smith began. Each day one of the charged men would take his rifle and go hunting wild turkeys and other game birds. He could have put two days distance between himself and the Marshal but instead he showed up in camp every night.

On the fourth evening, the marshal arrived in Fort Smith with his “prisoners.” To their surprise several ranchers were there waiting to make bail for these men. The judge complained that it was highly irregular, but the ranchers told him: “You are not putting these men in jail.” The judge did the only thing he could. He set the bail high, very high for that era. He asked for $2,000 each. The ranchers laid $10,000 cash on the judge’s desk. The prisoners were free.

The homesteaders enjoyed a luxurious night (for them) at the expense of the ranchers. They overheard a black man say: "Five men come in here charged with murder, and in five minutes they are all over this town!” They also learned that two ranchers who arrived late were willing to go $5,000 apiece on their bail. It makes me wonder: “Who were those ranchers and how much money (and power) did they have?”

The next morning the trial began. The judge called for the prosecution to present their case. They asked for some time, perhaps half an hour. Then the court reconvened and the judge again called for the prosecution to present their case. Again they asked for more time. When this happened for the third time, the judge said: “Then there is no case,” and dismissed the charges. The five homesteaders were free to go home.

What actually happened no one knows. I suspect that the rich ranchers hired the five masked men to hang the rustlers, and then bought off the prosecution, and perhaps the judge too, in order to cover up the truth.

The homesteader who went turkey hunting was my grandfather.

This is my favorite of all the stories my Dad would tell us about our deceased grandfather, as we sat around the supper table.

Comments:
Great story Uncle Ed! I know you probably won't see the comment, this was from a long time ago. God Bless!

Annette
 
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