United States vs. Steve Bussell, 1887-1888
[Fort Smith Court Records, Jacket 10]
[Fort Worth Regional Branch, National Archives]
[Transcribed by K.M. Armstrong, 1 AUG 2000]
On this the 8 day of June 1887, came the United States of America, the Plaintiff in this cause, by _______________, U.S. Attorney , and the defendant in his own proper person, in custody of the marshal and by his Attorney John F. Lyons when the following testimony was heard and proceedings had to-wit:
David Hardwick being duly sworn, deposes and says: I reside near Harney, I. Ty. and know the defendant in this cause. Some time, about, the 10th of April last I was on my way to Tishomingo with a prisoner named Hamilton. About 6 miles from ~~Red River~~ Harney, I.T. we were traveling and Mr. Luttrell and Mr. Christian were a head of us with the prisoner Hamilton. I stopped a while with Mr. Bounds to speak to a man and the rest of the party rode some distance a head. When we started a head we come upon their buggy in the bed of the Creek and we saw a man lying on the ground by the buggy, whom, upon ~~closer~~ examination we saw was Luttrell, dead. Hamilton said "not to plain him as he had nothing to do with it", that parties from the bank had done the shooting. We went to the bank and saw places behind the bank were two men had been kneeling. We followed the tracks and met a boy who said there were some men were running across the prairie. Mr. Bounds and myself chased these men about a mile and a half across the prairie and then turned back as we saw they would reach the timber. I recognized the two men we chased, as defendant and Alex Jusan. I have known the defendant about 20 years. The next day we raised a part to arrest defendant and Jusan and came upon them, and in trying to arrest them, Jusan was killed, and defendant escaped. About a week before the murder occurred, Defendant told me that he had bought a 38 calibre gun. At the place where Hamilton said the parties who killed Luttrell fired from, Mr. Bounds and I found one 38 calibre empty shell. ~~Defendan~~ The man Hamilton told me that he saw Jusan and defendant both shot together at first and that when Luttrell went to get out of the buggy, Defendant fired again. There was no understanding that if Hamilton would testify to certain things concerning the killing that I would turn him loose. Hamilton was turned loose by me on the advice of Dep. US Marshal Hackney of Texas. That the charge upon which Hamilton was held could not be sustained.
David Hardwick
Jas. Bounds being duly sworn on his oath deposes and says. I live in Chickasaw Nation and I know defendant in this cause. Sometime about the tenth of April last, Luttrell, Christian, and Hamilton stated north from Harney ~~ville~~ I. T. and myself and Dave Hardwick rose horseback behind. They drove ahead and were probably a ΒΌ of a mile in advance of us when they reached Rooster Creek. When we were about 60 yards from the creek we saw somebody lying on the found in front of the buggy. We approached and found it was Luttrell lying dead in the road. They body of Christian was lying in the buggy. Hamilton was standing by the buggy and said "It was not me boys" ans said finally it was Steve Bussell and Alex Jusan. A boy called out attention to two men running on horse back across the prairie away from us and we followed them about a mile and I believed they were Alex Jusan and Steve Bussell but I could not recognize them; we turned back to the place where the bodies were. When we first came up to the buggy Hamilton showed us where the parties who did the shooting stood behind a bank in creek. We examined this place and found foot prints against the bank and marks were they had kneeled down. I picked up and 38 calibre cartridge shell at this place.
James Bounds
Deft. Was sworn and testified that he was with Jusan riding when Christian, Hamilton, and Luttrell came up in a buggy and that Christian raised his gun and called on them to throw up hands. That Jusan shot Christian and then Luttrell, who grabbed Christian's gun and got out of the buggy, and Jusan shot him again. That Jusan had a 44 Winchester, and that he (Deft.) had a 38 Winchester. That he did not shoot at all. That Jusan did all shooting with 44 Winchester.
The grand jurors of the United States of America, duly selected, impaneled, sworn and charged to inquire in and for the body of the Western District of Arkansas aforesaid, upon their oath present.
THAT Steve Bussell on the 10th day of April, A.D. 1887 at the ~~XXXXXX Nation, in the~~ Indian Country, within the Western District of Arkansas aforesaid, with force and arms and upon the body of one Bud Luttrell, a white man and not an Indian, then and there being, feloniously, willfully, and of his malice aforethought, did make an assault; and that the said Steve Bussell, with a certain gun then and there charged with gunpowder and one leaden bullet, which said gun he, the said Steve Bussell in his hand then and there had and held, then and there feloniously, willfully, and of his malice aforethought, did discharge and shoot off, to, against and upon the said Bud Luttrell and that the said Steve Bussell with the leaden bullet aforesaid, out of the gun aforesaid, then and there, by force of the gunpowder aforesaid, by the said Steve Bussell discharge and shot of as aforesaid, then and there feloniously, willfully, and of his malice aforethought, did strike, penetrate, and wound him the said Bud Luttrell, in and upon the right side of the breast of him the said Bud Luttrell, giving to him the said Bud Luttrell then and there, with the leaden bullet aforesaid, so as aforesaid discharged and shot out of the gun aforesaid, by the said Steve Bussell in and upon the right side of the breast of him the said Bud Luttrell, one mortal wound of the depth of four inches and of the breadth of half an inch; of which said mortal wound, he the said Bud Luttrell then and there instantly died. And so the jurors aforesaid, upon their oath aforesaid, do say that Steve Bussell him the said Bud Luttrell in the manner and by the means aforesaid, feloniously, willfully, and of his malice aforethought, did kill and murder, contrary to the form of the statute in such cases mad e and provided, and against the peace and dignity of the United States of America.
The Defendant states that he is charged by indictment pending in this Court with the Murder of Christian and Luttrell in the Chickasaw Nation and the following named persons are Material Witnesses for his defense:
1. John H. Prynes
2. Kit Morton
3. Mary Taylor
4. Wm Luttrell
5. Albert Brogden
6. Mrs Oney Brogden
7. Mrs John Wilson
8. Flem Birdsong
9. Wm Birdsong
10. Robert Birdsong
11. John Yarborough
12. James Yarborough
13. James W. Wilson
14. ~~Robert Watkins~~
15. Rev Mr Wiley J. Cisk
16. Polk Evans
17. Lem Mitchell
18. James Vaughn
19. Charles Wasson
By John Prynes, Kit Morton, Mary Taylor, Wm Luttrell he can show that they were out fishing on the little branch when the killing of Luttrell and Christian took place and shortly after come to the place of the killing and that Dave Hardwick and Bounds were intoxicated and that Dave Hardwick threatened to kill Wm Hamilton if he did not lay the killing on this defendant, and would have done so if he had not been prevented by the parties there present taking his gun away from him.
By Albert Brogden, Mrs Oney Brogden and Mrs John Wilson he can show that defendant was not at Daniel Jones the day that said Jones and his daughter testify that defendant made a statement to him to the effect that he did some shooting at time Luttrell and Christian were killed.
By John Yarborough, James Yarborough and ~~Robert Watkins~~ he can show that the who or three days before the alleged conversation with Daniel Jones and his daughter this defendant was with them and started to go to Texas and they rode several miles with him and parted, the returning to their house and the defendant going on down red River and that they parted some twelve miles from the place where said Jones lived.
By Roe Mays who lived near the ferry over Red River near the mouth of Blue River that on the following night the defendant staid with him going on towards Texas and by Wm B Trout who lives near Honey Grove in the State of Texas that he staid with him the following night.
By Wm Birdsong, Robert Birdsong and Flem Birdson he can show that the next day he arrived at their house in the State of Texas about one hundred miles from the place where said statement is alleged to have been maid to said Jones and daughter remained and was there at the time of the said supposed conversation.
By Rev Mr Cisk that Christian on the morning of the day he was killed threatened to kill Alex Jusan on sight.
By Lem Mitchell and Polk Evans ~~Robert Watkins~~ he can show that Wm Mann told them Hardwick would have killed Wm Hamilton if he had not prevented him and that the said Hardwick and Bounds were drunk. Which is now denied by said Mann.
By James Vaughn he can show that he himself cut the iron ring off of the defendant's gun which Jones swears he took off for the defendant.
By Charles Wasson defendant states he can show that the morning Christian was killed he borrowed a [belt?] from him and said he was going to arrest some cow thieves Alex and Steve to git the lash. When Christian replied there would be no lash only they would be lashed by the muzzle of his gun the first time he could meet up with them.
These statements are true and these Witnesses reside in and can be found in this District. That he is not [__?__] of sufficient means and is actually unable to [___?___] the attendance of said witnesses wherefore he begs they will be subpoenaed at the expense of the United States.
William A.J. Finch
Q. Where do you live?
A. On the Washita river about 4 miles from the mouth
Q. How far is that from Rooster creek where Christan and Luttrell were killed?
A. Not over 5 or 6 miles I reckon.
Q. You remember the day they were killed?
A. Yes, sir.
Q. On that day did you see Aleck Juson and Steve Bussell?
A. Yes, sir; I saw them both at my house.
Q. What time in the day did they come to your house?
A. Sometime in the evening. It might have been 3 or 4 o'clock.
Q. Did you have a conversation with Aleck in regard to the killing of Christian and Luttrell?
A. Yes, sir; I went out and shook hands with Steve and Aleck and invited them in but they didn't get off of their horses. They were on the hunt of John McLaughlin and John was at my house, and John McLaughlin came out and Steve and him went off to the lot to catch John's horse and after they had gone I saw there was something the matter with Aleck, and I says to Aleck, what is the matter, "well", he says, "Uncle Billy I will tell you the truth, I met Jim Christian awhile ago, and he commenced cussing me, he called me a damn cow thief, and I never stole nothing, and he started to draw his gun on me, and I shot his brains out, and there was other two men in the buggy, one of them was Bill Hamilton," and says, "the other man I didn't know, he grabbed the gun and I shot him, I killed them both." I asked him, said I what was Steve doing. "well", says he, "he didn't do anything." Says I, didn't he shoot? Says he, "No, he didn't I done it myself." He said Christian jerked up his gun and I shot his brains out. I asked him who was that other man you shot Aleck and he says, "I don't know."
Q. Did he say why he shot him?
A. He said because he grabbed the gun.
Q. Did he tell you where it was done at?
A. Yes, sir; he said on Rooster creek. He said they just happened to meet right in the creek. He was going one way and they the other.
Q. Did he tell you which way they were going?
A. No, sir.