The Trackers, Part 2

                               


                                 Isaac C Parker, "The Hanging Judge"

          When I started my last post what I really had in mind was this story, but I had read about what phenomenal trackers the Chickasaws were, so I began with that.

           Several years ago, I ordered a transcript of the murder trial of my great grandfather, Sam Paul, from the National Archives. When I received the transcript I took it with me on a visit with my mother so we could read it together. What fascinated us most about the transcript was the testimony of a cowboy who described how he tracked down a horse thief. 

          Before I let you read this remarkable account I'm going to have to give you some background about the situation in Indian Territory in the late 1800's. The Indian Nations were sovereign states. They had their own laws, their own governments and their own police force. At the same time however, their territory was part of the United States and they had no jurisdiction over U.S. citizens. As a result, Indian Territory became a haven for outlaws.

          It was during this time that Indian Territory came to be known as the "Wild Wild West." It was the time of Jesse James, and Belle Starr, of the Dalton Gang and Cherokee Bill. The federal court responsible for Indian Territory was in Ft. Smith Arkansas, presided over by  Judge Isaac C. Parker, nicknamed "the hanging judge" because during his tenure he sentenced 88 men to hang. Several more men died in Judge Parker's crowded, rat infested jail before they could be hanged, and one was shot while attempting to escape. Judge Parker's marshals, such as James Mershon and Heck Thomas, became famous in their own right. Many of the well known western dramas such as True Grit and Hang 'Em High have been inspired by Judge Parker, his deputies, and the outlaws they went up against. 

          What is not so well known is the story of the Indian police. The Light Horse Police, as they were called, were a tough bunch. Their instructions were to: Awith or without warrant, arrest all outlaws, thieves, and murderers in your section. And if they resist, you will shoot them on the spot. And, you will aide and assist US Marshals in the enforcement of the laws and make yourself a terror to evil doers. If afraid, turn in your resignation and I=ll appoint better men in your place.@ My great grandfather, Sam Paul, was a sergeant in the Chickasaw Light Horse Police force.

          The Light Horse Police had to deal with dozens of white criminals living on their land, with only a handful of federal marshals to whom they could turn for support. These criminals were dangerous, and they had friends. It was hard to transport them to Ft Smith for trial, and it was hard to find witnesses. Few were willing to travel the 200 miles from the Chickasaw Nation to Ft. Smith to testify against a man whose friends were likely to take revenge on them or on their family afterwards. As a result an Indian policeman sometimes made himself judge, jury, and executioner.That's how Sam Paul came to be charged with murder. He shot a horse thief.

          There's a lot more to that story, but what I want to do now is get to the testimony of the cowboy, Frank Welch, who tracked down the horse thief that Sam Paul killed. I've changed some of the punctuation to make the narrative more readable, and added a few comments in parentheses.

United States vs. Sam Paul, etc. For the murder of Smith (first name unknown).

Court of the Western District of Arkansas, Judge Isaac C Parker presiding.

Testimony of Frank Welch:

          It was on Saturday night the horse was stolen. I think it was in April. I missed the horse at 9 o'clock. On that night I had tied this horse so that I could have him to go to the prairie in the morning. I had him tied in the lot behind a little corn crib.

          There were 18 or 20 head of horses in the lot. There was only one bar up between the pasture & the lot. Part of the rope was there, and part was gone. It looked as if the rope had been partly cut & partly broke. It looked as if there was two more men's tracks & three horse tracks on the outside of the fence.

          The men's tracks looked as if they had stopped. The horse tracks stopped there at the lot fence; the horse had been taken through the bars into the pasture and then the pasture fence let down where the horse was taken out. 

          The three other horse tracks came down along the fence and met this horse and all went off together. I noticed the tracks. They looked like the same tracks that had stopped at the lot fence. The stolen horse was shod in front. The track going out was that of a horse shod in front. They came close to the house. The men's tracks came into the lot; cannot tell which way they went. I called the horse I lost a dapple grey. The tracks of one of these three horses outside of the fence was a large rough shod steel toed shoe. The tracks of these horses from the gap went west right close to the house where old man Ross lived. My horses track went along with the others. ("old man" Ross' son was one of the horse thieves)  

          John Covey (Welch's boss) and Watt Holford went with me and tracked them near to Rosses house. The four tracks kept together. Ross started the next morning from there. He had gone when we tracked these horses close to his house. I trailed them for several days.

          Covey had me to go on. He could not leave. I was in his employ. Two tracks went up to the house. One of them the steel toed horse & another, and the track I took for my horse and another track went north across the Washita (River). I saw some tracks up near Cherokee Town. The track was a bare footed track, I think with that of my horse…..I followed them and overtook them right there near the valley. I was alone when I saw them. I did not molest them at all. I was afraid to….. When I saw two men, I went off the road. I examined the tracks after they passed me. I think Smith's (the horse thief who was killed) horse was barefooted.

          It was my business to watch and track these men. Dr Lewis told me about meeting these men. He said he lived near Springville on Canadian (River). He said they were going towards where he lived. It is but a few miles from Cherokee Town to the Valley Store. I had been watching the train (wagon train) expecting them to meet it. I never saw the men with the train. They went to the train about ten miles below Cherokee Town. (The horse thieves were part of a wagon train led by "old man" Ross which was travelling through the territory.)

          The next morning I went around the train and saw these two parties leave the train and come up the road following me. They came for about a mile and left the road. I got into the road above the train. I went on up into the valley. Got information from Strain at Cherokee Town that two men answering the description of the men I had received information of before had gone down the direction I had seen the two men meet the train. I started to Sam Paul's house to get him to help me as he was an officer and I met him going to the valley store. I told him what I wanted and he promised to help me.

          The testimony is a little hard to follow because it is redundant and it doesn't include the lawyer's questions, but you can figure it out if you read it slowly.

          The cowboy, Frank Welch, really makes his tracking sound easy, but I think his story is remarkable. Even though the horse thieves have a head start, he manages to track them for several days before he actually sees them. He determines the number of men, the number of horses, and he can identify each of the horses by their tracks. He doesn't lose them even though they split up, cross the river, and pass by towns. Finally when he gets close enough to identify the thieves by sight and sees them join a wagon train he finds the local Indian policeman, my great grandfather, and asks him for help. Pretty amazing, don't you think?