Showing posts with label Joe Paul. Show all posts
Showing posts with label Joe Paul. Show all posts

Monday, November 14, 2011

Three Killings in the Family


                                                       Joe Paul


Sam Paul and his oldest son Joe had never been close. Joe spent much of his childhood with his Uncle Tecumseh, and his Aunt Mary. Joe was close to his two younger brothers, Bill and Buck though, and my grandfather Bill said that if it weren't for Joe they would have starved while their father was in prison.  

I had only heard part of this story myself until recent years, because it was considered a scandal in the family. It wasn't spoken about. But now, the people involved and those that knew them are long gone, so it probably doesn't matter so much anymore. 

I've added to what my mother told me about these events by reading accounts written by Mike Tower, in his book, Outlaw Statesman, about Sam's nephew Fred Waite; by Moman Pruiett in his memoirs, Moman Pruiett, Criminal Lawyer; and by Bill and Cindy Paul in Shadow of an Indian Star, which is written as fiction but from what I can gather is taken mostly from historical research.   

When Sam Paul got out of prison in 1884 he sent his son Joe to college and then went about the business of rebuilding his life. By the time Joe returned, Sam had remarried and had regained his prominence in the community. When Joe began drinking and getting into trouble, he had several run ins with his father, even to the point of gun fire. Finally Joe left Pauls Valley and joined his grandfather Smith Paul in California. The reason is unclear, but there was a rumor that Joe had an affair with his father's wife, Jennie, and that Sam had threatened to kill him.  

Anyway, Joe stayed in California long enough to get married and have a child. I actually met one of his great grandchildren last year at a Chickasaw gathering. I'm not sure of the details, but from what my distant cousin told me, Joe was only married a short time before he deserted his California wife. Smith Paul also decided to leave his California family about that time, about 1890, and so they returned to Indian Territory together.  

When Joe returned the feud between father and son didn't start up again for a while, but when Joe continued to drink and to get into fights, his father warned him to control himself. Joe responded by going around town boasting that the next time he saw his father he was going to kill him, so they both got ready for a show down. There were at least two encounters between the two, and in one Joe was shot in the chest. It took several months for him to recover from this injury, but soon afterwards, he walked into a café where his father was eating and shot him twice in the back with a Winchester rifle.  

According to the story I was told by my mother, Tecumseh McClure, Sam's older brother,  instigated the killing. She said that she was told by her father that Tecumseh had Joe worked up into a frenzy over the threat his father posed to traditional Chickasaw customs, so the murder was actually politically motivated. Of course Joe may not have needed much encouragement.  

My mother also said that her father didn't blame his brother Joe for what he had done because of the mistreatment and neglect he had suffered because of their father. Our family and Joe's were always friends. It was actually a conflict between Joe and Tecumseh that led to the next family killing.  

After Sam Paul's murder Joe was arrested and sent to Paris, Texas, for trial, but because he and Sam were both Indians, the court decided it did not have jurisdiction, therefore Joe returned home a free man. The Chickasaw courts didn't take up the matter either, further evidence that the murder was politically motivated. Joe Paul was even appointed as a judge in the Chickasaw court.

During the next three years Joe led for him a respectable life, he got married to a full blood Chickasaw lady named Maulsey Stewart, and performed his duties as judge, but the quick temper that he had inherited from his father caught up with him. One night he got into an argument with one of his drinking buddies that ended in a gun fight. Joe was arrested and he spent the night in jail. The next day his uncle Tecumseh bailed him out and lectured him about his disgraceful behavior. Joe then slapped Tecumseh in the face and walked off. Two months later Tecumseh's son Jennison killed Joe in the same café where Joe had killed his father Sam. 


                                 Jennison, Tecumseh, and Imon McClure


The Pull-backs were still in control of the Chickasaw government - in 1884 Tecumseh McClure had even served as governor - so Jennison was acquitted of Joe Paul's murder, but he wouldn't remain free for long. Three months after the trial he was found dead on the railroad tracks, run over by a train.  

Moman Pruiett described the incident in his book, Moman Pruiett, Criminal Lawyer. He wrote that he was playing poker with Jennison McClure until late the night of Jennison's death. At one point in the evening:  

a squatty half breed sidled in. He stood beside the table for several minutes, watching the play indifferently, before he spoke.

"Bill Paul in town; I just seen him," the half breed said.

The players exchanged significant glances and continued their play. When the hand was finished Jennison McClure pushed his stack of chips toward Weaver, who was banking, and arched his eyebrows.

"You quittin'?"

"I go home now," he said.

"It's almost daylight, Mac," Pruiett suggested. "Hadn't you better play a couple more before you leave?" (Pruiett refers to himself in the third person in his book)

"I go home now," he repeated.

"Look here, now, Jennison," Weaver said. "It ain't hardly safe to be runnin' around here in the dark, without knowin' where he is. Why don't you stick around a little longer. You know damn well he ain't comin' up here."

"I go home now," McClure said, without changing tone or expression.

"Pay him off," said Pruiett. "He says he go home."

The squatty informer was already dozing in a chair. New hands were dealt and McClure walked carelessly out the side door.

"It's getting light, now, as sure as hell," Pruiett observed. "let's go an' get some breakfast after this hand. How long's Jennison been gone?"

"Listen!"

"That was a shot!" Pruiett whispered.

There was a short silence, than two more shots. The players glanced toward the little half-breed Indian, who slouched low in his chair with his dirty hands folded peacefully across his pot belly. His eyes opened wide and understandingly. With a significant shrug of his shoulders he closed them again and began to nod.

"Damn it," Pruiett gritted. "I'm out. If you two fellows want to play any more it's all right, but I'm quittin'. What the hell's that?" He jumped and started.

"You're all upset," Weaver laughed. "It's just a train whistle. It's the mornin' Santa Fe. I'm out too."

"Come on, Shorty; coffee." Pruiett called to the little Indian. He was close at the heels of the quartet as it reached the bottom of the staircase which ran up the side of the stone building. A woman hurried up Paul Avenue from the east, from the direction of the Santa Fe Depot. "Is Doc Young up here?" she inquired, breathlessly.

"No, he ain't," one of the men said. "What's wrong?"

"The mornin' train just ran over a man," she said. "You want Doc for professional service, or official service?" Pruiett asked. Young was the mayor and chief magistrate, as well as the principal M.D.

"It ain't for treatment," she answered. "He's mince meat. We just want him there for the identification, an' to watch the pickin' up." 

Pruiett describes walking over to the tracks, seeing the body, and recognizing the shirt
Jennison had been wearing. Then Jennison's father Tecumseh arrived: 

Ex-Governor Tecumseh McClure of the Chickasaw Nation, who was the father of Jennison McClure who had just been killed, appeared upon the scene, looked all around and said, "Jennison he's cut up bad. Well, he's all right. He, Fred Waite, Sam and Joe Paul, all now in Injun's Happy Hunting Ground."  

Moman Pruiett tended to dramatize things. Indian's didn't really talk like that, and they didn't refer to the after life as the "Happy Hunting Ground" either, but I wouldn't be surprised if it was true that my grandfather and his brother killed Jennison McClure. My grandmother always denied it, saying that Bill and Buck were in school at the time in Sherman, Texas, but it would have been possible for them to ride down one day, kill their cousin, and ride back the next. They were loyal to their brother Joe, and revenge was a strong tradition among the Chickasaw.


                     Body of Jennison McClure on Railroad Tracks, 1897


Tuesday, September 20, 2011

Sam Paul, Part Six

With this post I'm going to try and finish the story of my great grandmother's divorce from my great grandfather, Sam Paul. It's not a pleasant story, and not one I'm proud of. Anyone interested in more details can read the book: Shadow of an Indian Star, by Bill and Cindy Paul, who did and continue to do a huge amount of research into our family's history. They have discovered more details since the book came out, but it covers most of the stories about Sam Paul, with some drama added. See shadowofanindianstar.com for pictures, excerpts, and book orders.




Like I said in my post of September 10, Sam Paul divorced his wife Sarah when he got out of prison because she had run off with his codefendant, Jim Ross. It must have been a frightening time for Sarah. Several years before, when she had fled to her parents' house to escape her husband's wrath, her father, Hiram Lambert, had turned her away, saying "it is better for one to be killed than the whole family." Sarah's father had died in 1883 though, so when Sam returned to the Chickasaw Nation she was staying with her mother. 
This was Sarah's testimony before the Dawes Commission:
Q: Where were you when he (Sam Paul) came back?
A: At my mother's
Q: He did not come to see you?
A: Yes, sir.
Q: Did you ask him to live with you?
A: Yes, sir.
Q: Did you propose to go back to live with him?
A: Yes, sir.
Q: What did he say to that?
A: He said no, he wanted a divorce.

I kind of doubt that Sarah begged Sam to take her back, but that's what she said anyway. It's pretty clear though, from the evidence that her attorney, Owen Patchell, presented at her citizenship hearing, that her life with Sam Paul had been a living Hell. As he said in his brief: "the plaintiff had been so uniformly brutal and had led her such a dog's life for the ten years that she did live with him that she looked upon a permanent separation as a mercy of God."
After making the point that Sam Paul had multiple affairs during their marriage and had several illegitimate children, Patchell asked Sarah:
Q: Did he make any pretense of keeping these matters secret to you?
A: No, sir, told me I could leave if I did not want to stay.
Q: How did he treat you in other respects?
A: He tried to starve us out.

At this time, Sam Paul's oldest boy, Joe, was living on his own, and he helped Sarah and his two younger brothers. My grandfather, Bill, whom his mother called Willie, said that there were times when they would have starved had it not been for Joe.
              
                               Joe Paul, second from left

Mr. Patchell went on with his questions:
Q: Did he ever make any serious threat on you?
A: Yes, he tried to shoot me lots of times.
Q: Describe one instance of what he did and said to you?
A: He came home --- he was just like a stranger --- came in that time and asked me if I heard about some men getting killed and I said I did and he just run a pistol up my head, and said he would show me how they were killed, and tried to kill me but I broke away.
Q: Was anybody present when that occurred?
A: Yes, Frank Beckly and his wife.
Sam's libertine behavior, and his cruel treatment of his wife Sarah was certainly not typical of Chickasaw men. For example, Sam's brother Tecumseh was happily married to the same woman all of his life. Sam did follow Chickasaw tradition however in taking responsibility for his children and for their mothers. He apparently even paid one man to marry Fanny Briley, with whom he had a daughter pictured below. You'll remember that Fanny had been Sam's partner in the saloon business. 

                        Daughter of Sam Paul and Fanny Briley

Sam Paul certainly was a brilliant man, as I'll try to show later, but he was also volatile, and at times violent. At one point in her testimony Sarah estimated that during his life he had killed fifteen or sixteen men.
If my mother had known her grandmother Sarah at an earlier time, she might not have thought of her as being so timid, since she was able to stay with Sam Paul, and occasionally she even stood up to him.
But what of this trip to the Cherokee Nation? Was it just simply a brief love affair interrupted by Sam's release from prison? "That just doesn't quite ring true. Well, the answer took a long time in coming, at least to Sam's descendents in Oklahoma, and it came from California, from a Baptist Preacher named Dr. Jim Phillips, who read the book, Shadow of an Indian Star, and realized that he had been hearing stories about the characters in the book all of his life. He contacted the authors, Bill and Cindy Paul, and the two branches of our family were finally joined.


Dr. Jim Phillips and great aunt Mable Stewart, Hattie Jane's daughter.

Jim was raised by his great grandmother, Hattie Jane Stewart. Nobody paid much attention to Hattie Jane's stories, partly because she was an old woman, but also because the family was of Indian descent on both sides, and didn't want to be labeled as such by the largely prejudiced community. Jim loved his great grandmother's stories though, and gradually as he grew older he pieced together the story of her life.
                           Hattie Jane Stewart

Hattie was the daughter of Sam and Sarah Paul. When Sam was taken to prison at Fort Smith, Sarah was pregnant, and when he was sent to the federal penitentiary in Detroit, she went to the Cherokee Nation to have her baby, secretly. About that time Sarah's sister Juliana was also pregnant, but she lost her baby, so Sarah asked her to raise her daughter, whom she named Hattie Jane, as her own daughter. Sarah was afraid that if Sam were to be released from jail he would take custody of his children. She knew that she would lose her two boys, but she didn't want to lose her daughter also. So the switch was made. Hattie Jane was raised by her Aunt Juliana, and Sarah denied that she had ever given birth to her.
 
For the next couple of posts, My cousin, Dr. Jim Phillips has kindly agreed to write the story of his great grandmother, Hattie Jane Stewart, as she told it to him.