Trial Record and Legal Papers – Jasper Newton Bee

These are the kind of records you may obtain when you order Fort Smith Criminal Records.

October 23, 1882

UNITED STATES OF AMERICA,
WESTERN DISTRICT OF ARKANSAS.
THE PRESIDENT OF THE UNITED STATES,
To The Marshal of the Western District of Arkansas,
GREETING:
WHEREAS, Complaint on oath hath been made before me, charging that Jasper N. Bee did, on or about the 23 day of Oct A.D. 1882, in the Indian Country, Western District of Arkansas Assault to kill one Moore a White man.
Contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the United States.
Now, Therefore, you are hereby commanded, in the name of the President of the United States of America, to apprehend the said Jasper N. Bee and bring his body forthwith before me, E. B. Harrison, commissioner appointed by the United States District Court for said District, whenever he may be found, that he may be then and there dealt with according to law for said offense.
Given under my hand this 24 day of Oct 1882, in the 107 year of our independence.
E. B. Harrison
Commissioner U.S. Dist. Court, West, Dist. Ark.

October 24, 1882

OFFICE U.S. MARSHAL UNITED STATES
Western District of Arkansas versus
Jasper N. Bee
I certify that I served the within Writ of Arrest on the 26 Day of October, 1882, at the N.W. Siloum B Sprint 6 miles Cherokee Nation by then and there taking into my CAPIAS custody the within named Issued Oct 24 1882
Jasper N. Bee RETURNABLE FORTHWITH.
E. B. Harrison Comm.
Whose bod I now have before
Stephen Wheeler, Esq., U.S. Commissioner.
Thomas Boles, U.S. Marshal,
By W. L. Jones
Deputy.

October 24, 1882

THE PRESIDENT OF THE UNITED STATES
To Goodson M. D. Moore & Thomas Powel
GREETING:
WE COMMAND YOU, That all and singular business and excuses being laid aside, you and each of you appear and attend before the Commissioner of the United States of America for the Western District of Arkansas, at an examination to be held at his office in Fayetteville, Arkansas, forthwith, to testify and give evidence in a certain cause pending, and then and there to be tried, between the United States of America and Jasper N. Bee defendant; on the part of the United States.
And this you, or any of you, are not to omit, upon the penalty upon you, and every one of you, of two hundred and fifty dollars.
WITNESS MY HAND, at Fayetteville, the 24 day of Oct., in the year of our Lord, one thousand eight hundred and eighty-two.
E. B. Harrison
Commissioner U.S. District Court, Western District Arkansas.

October 26, 1882

OFFICE UNITED STATES MARSHAL.
UNITED STATES
Western District Arkansas
Fort Smith, Ark., 1882
VERSUS
Jasper N. Bee
I certify that I served the within Writ of Subpoena on the 26 Day of October 1882 N. W. Siloum Spring 6 miles
By then and there reading the same in the Presence and hearing of the within-named
George M D Moore SUBPOENA
Thomas Powel Issued Oct 24 1882
RETURNABLE FORTHWITH
E. B. Harrison
THOMAS BOLES, U.S. Marshal. Comm.
By W L Jones, Deputy
Marshal’s  Fees:

October 31, 1882

UNITED STATES OF AMERICA
WESTERN DISTRICT OF ARKANSAS,

The President of the United States:

To the Marshal for the Western District of Arkansas, and to the Keeper of the United States Jail

GREETING:

Whereas, Jasper N. Bee
has been arrested and this day brought before E B Harrison, a Commissioner appointed by the District Court of the United States, in and for the Western District of Arkansas, under the laws of the United States, charged on the oath of W. L. Jones with assault with intent to kill and having inquired into the truth and probability of the charge exhibited against him; and upon consideration of the facts and circumstances proved, the said commissioner did adjudge the said Jasper N. Bee to be guilty of having committed the said violation of law, and him required to find bail in the sum of $1000.00, which requisition has not been complied with.

We Therefore Command You, the said Marshal, forthwith to convey the said Jasper N. Bee to the United States Jail and him deliver to the Keeper thereof; and you, the said Keeper, are hereby required to receive the said Jasper N. Bee into your custody in the said jail, and him there safely keep until he shall be discharged by due course of law.

Given under my hand this 31st day of October A.D. 1882 in the 107 year of our Independence.

E. B. Harrison
United States Commissioner, Western District of Arkansas.

October 31, 1882

UNITED STATES
VERSUS
Jasper N. Bee

See complaint filed herewith.

On this Thirty first day of October 1882 came the United States of America, the Plaintiff in this cause and the Defendant in his own proper person, in custody of the Marshal and by his Attorney E. D. Ferrno when the following testimony was heard and proceedings had, to wit:

Goodson McD. Moore being duly sworn, deposes and says: I reside at Cherokee Nation (5 miles NW of Siloam Springs Ark.) and know the defendant in this cause. I have known the defendant since last June.

Defendant assaulted me in my own house in Going Snake District Cherokee Nation on Monday morning Oct 23 (1882) by striking me on the pit of the stomach with an ax while I was in bed very sick. The blow knocked me senseless . He came to the house with a shot gun and drew the gun on me through the open door way and said that he was going to kill me. My wife jumped between us. She seized a chair and kept him off. He ranted about the house for half an hour and then he got an ax and forced his way past my wife and came to where I was on the bed and struck me overhanded (with both hands) with the ax. I am positive I would have been killed but I threw up my arm and the handle struck the ? and turned the ax so that it hit me flat ways instead of with the full (force) as the blow was aimed.

Goodson McD Moore
Subscribed and sworn to before me this 30th day of Oct. 1882 EB Harrison Ins Comm.

Deposition of Thomas Persel
Said witness having been duly sworn. I reside 4 miles North West of Siloam Springs, Benton Co.,Ark. I have known the defendant two or three years. I did not see the assault. The day after the assault I took Mr. Moore and his wife to the Doctors. I left Mr. Moore (the man who was assaulted) at the Doctors for treatment and took Mrs. Moore home. On the way home the defendant over took us and in my presence and hearing talked about the fuss and sayest that Moore threatened him or he wouldn’t have acted as he did. Mrs. Moore told him that he knew better and that Mr. Moore did not threaten him at all.

T.U. Powell
Subscribed and sworn to before me this 31st day of October 1882 EB Harrison, Com.

Deposition of Elias Andrew
Witness having been duly sworn says I reside at Cherokee City Ark. I am Deputy U.S. Marshall for the Western District of Arkansas. I never saw defendant until the arrest late Wednesday night. I had a talk with the defendant (the night of the arrest) in regard to the fuss with Moore in which told me that he had a ? (argument) in the morning (with Moore) in which Moore threatened him with an ax and that he went off and got his gun and thought he would go and kill Moore but changed his mind and concluded to go and give him a teaching? with the ax. That when he got there Mrs Moore prevented him from going in at first: but that finally he got in and hit Moore with the ax. While he was in the…

Note
(appears to be some missing words here. Think that there is another page that was not copied. It appears that Elias Andrew does not finish his testimony and then Jasper starts to give his and Mr. Andrew does not sign his name to what he has said. Also the tone changes and it goes from third person to a first person account. It does not take away from what was said for Jasper seems to pick up the story where Mr. Andrew leaves off.)

(Mrs. Moore) came to the door and told me not to come in the house. I made an attempt then to go in. I went around to the other side of the house and concluded to go in and hit him a lick with the gun barrel. He (Moore) got in bed pulled the quilt and part of the feather bed over him while I was at the back door) Mother met me at the door again and then I went to the wood pile and got the ax. And went back and met my mother at the door. She tried to keep me out. I told her to let me in that I wanted to beat the old Devil a while. She would not let me in and then I went to the window to attract her from the door. I succeeded in doing this and then stepped back and forced in the door and hit Moore on the breast with the ax. I could have killed him with the gun or with the ax either one if I had wanted to. My object was to beat him awhile. The gun was loaded.

Jasper N. Bee

Subscribed and Sworn to before me this 31st day of October 1882
E. B. Harrison

Cherokee Nations Oct 29, 1882

Being called to see Mrs. Mack Moore I certify that I find her suffering from nervous derangement; and heart disease induced from Rheumatic affection causing an insufficient valvular action of the heart – some bruising to produce syncopo or fainting, smothering or difficult breathing, and would consider her live (life) endangered by a trip to Fayetteville and attendance in court.

F. R. Wadison MD

[It appears that Eliza, mother of Jasper, just could not stand to go to court and be a witness against her son or for her husband. It was just too much for her emotionally and physically. She must have completely recovered because she did not die till 30 Aug 1910.]

WESTERN DISTRICT OF ARKANSAS,

I DO SOLEMNLY SWEAR and believe, from reliable information in my possession, that Jasper Newton Bee did, in the Indian Country, within the Western District of Arkansas, on or about the 23 day of Oct 1882 assault with intent to kill & murder one Moore, a White Man against the peace and dignity of the United States, and I pray a writ.

W. L. Jones
Subscribed and sworn to before me this 24 day of October 1882

E. B. Harrison
U.S. Commissioner

Witnesses:
Goodson M D. Moore
Bee
Thomas Powel

It appearing from the foregoing evidence to the satisfaction of the Commissioner that the offense with which the said Jasper N. Bee is charged, has been committed, and that there is probable cause to believe him guilty thereof, it is ordered that he find sufficient bail in the sum of One Thousand Dollars, for his appearance at a District Court of the United States, for the Western District of Arkansas, to be holden on the 5th day of November 1882, at the United States Court Room at Fort Smith, in said District, to answer said charge, and that, in default of finding such bail, he stand committed,

E.B. Harrison
U.S. Commissioner

Com fees $12.00
Witness fees $10.00
Grand Jury No 20
Com?r?s No…. G.J. No

November 1882

UNITED STATES OF AMERICA
WESTERN DISTRICT OF ARKANSAS

In the District Court, November Term A.D. 1882

UNITED STATES
VS.
Jasper N. Bee

ASSAULT WITH INTENT TO KILL

The Grand Jurors of the United States of America, duly selected, empanelled, sworn and charged to inquire in and for the body of the Western district of Arkansas, aforesaid, upon their oath present:

That, Jasper N. Bee, on the 20th day of October, A.D. 1882, at the Cherokee Nation in the Indian Country in the Western District of Arkansas aforesaid, with a certain axe (the same being thrown out there a deadly weapon) which said axe he Said Jasper N. Bee then and there in his hands had and held, in and upon one Goodson McD. Moore, a white man and not an Indian.

Did make an assault with an intent, him, the said Goodson McD. Moore then and there feloniously, willfully and of his malice aforethought to kill, contrary to the forms of the Statute in such case made and provided, and against the peace and dignity of the United States of America.

WM. H. H. Clayton,
U. S, District Attorney, Western District of Arkansas

We the Jury find the Defendant Jasper N. Bee guilty as charged in the within indictment.
Thomas Vernon
Foreman

No. 23gh

UNITED STATES
VS
Jasper N. Bee

Assault with Intent to Kill

A True Bill
James A Jay
Foreman

Witnesses:
Goodson McD. Moore
Elias Andrews

Filed in open Court this 11th day of November, A.D. 1882

Wheeler
Clerk

THE UNITED STATES RETURN

VS

Jasper N. Bee

Received this Mittimus with the within Named prisoner, on the 31st day 0f October, A.D. 1882, And on the 6th day I committed the said Prisoner to the custody of the within named FINAL MITTIMUS. Jail Keeper, with whom I left at the same fine a certified copy of this Mittimus.

Dated

E. B. Harrison THOMAS BOLES,
U.S. Marshal, West. Dist. Ark.
Coms By W. L Jones
Deputy

December 1882

UNITED STATES OF AMERICA,

WESTERN DISTRICT OF ARKANSAS.

Know all Men by these Presents;

That we, Goodson McD. Moore & Elias Andrew acknowledge ourselves severally to owe and be indebted unto the United States of America, in the sum of Two hundred dollars each, to be levied of our goods and chattels, lands and tenements, to the use and benefit of the said United States of America, if default shall be made in the condition following, to wit.

Whereas, Jasper N. Bee has been brought before E. B. Harrison, a United States Commissioner for the Western District of Arkansas, to answer the charge of assault with intent to kill and upon examination had, it appearing to said Commissioner that the offense with which he was charged had been committed, and there was probable cause to believe him guilty thereof, and whereas said Goodson McD. Moore & Elias Andrew are material witnesses in said cause on the part of the United States of America, the said Commissioner ordered said witness Goodson McD. Moore to give bond in the sum of Two hundred fifty dollars each for their appearance at a District Court of the United States for the Western District of Arkansas, to be holden on the 9th day of November A.D, 1882 at the U.S. Court room at Fort Smith, in said District, to testify in said cause, and that in default of giving such bond they stand committed,

Now Therefore, the condition of this bond is such, that if the said Goodson McD. Moore & Elias Andrew shall personally appear at the said Court on the first day of the next November term thereof, at the U.S. Court room at Fort Smith, in said District, at 10 o?clock A.M. and then and there testify in said cause, and abide the orders of the Court, and not depart the said Court without leave, then this bond to be void, otherwise to be in full force and virtue.

Goodson McD. Moore
Elias Andrew

Acknowledged and subscribed before me, this 31st day of October 1882
E. B. Harrison
United States Commissioner
Saturday Morning, 8 o?clock Dec 2 A.D. 1882

Court met pursuant to adjournment. Present, the Honorable ISAAC C. PARKER, Judge of the District Court of the United States for the Western District of Arkansas.

UNITED STATES No. 2396

Jasper N. Bee Indictment for assault with intent To kill in the Indian country.

On motion of WM. H. H. CLAYTON, Esq., Attorney for the Western District of Arkansas, the said Defendant Jasper N Bee was brought to the bar of the Court, in custody of the Marshal of said District, and it being demanded of him what he has to or can say why the sentence of the law upon the verdict of guilty heretofore ret by him by the Jury in this cause on the 23′ day of November A.D. 1882, shall not now be pronounced against him, he says he has nothing further or other to say than he has heretofore said:

WHEREUPON, the premises being seen, and by the Court well and sufficiently understood, it is considered by the Court here that the said Jasper N. Bee for his felony aforesaid, be imprisoned in the House of Correction, situated at Detroit, in the Eastern District of Michigan, for the term and period of two years at hard labor and that he pay to the United States of America all their costs in and about this prosecution laid out and expended, and that they have execution therefor.

It is further considered that the Marshal of the Western District of Arkansas, to whose custody the said Jasper N. Bee is now here committed, is hereby required to receive and safely keep and convey the body of the said Jasper N. Bee hence to said House of Correction in the State of Michigan without delay, and deliver him to the custody of the keeper of said House of Correction, who is hereby required to receive and safely keep the said Jasper N. Bee in jail in execution of the sentence aforesaid, and in conformity with the same, for the full period of the time aforesaid. And it is further ordered that the Clerk of this court is hereby required to furnish the Marshal of this District with two duly certified copies of this Judgment, Sentence and Order one of which shall be delivered to the Keeper of said House of Correction and the other returned by the Marshal to this Court, with a full and true account of the execution of the same.

I, Stephen Wheeler, Clerk of the District Court of the United States, in and for the Western District of Arkansas, hereby certify that the foregoing is a true and correct copy of the Judgment, Sentence and Order in the above entitled cause, as the same appears of record.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at Fort Smith, in said District, this 23 day of November A.D. 1882

Stephen Wheeler, Clerk

RECEIVED, At the House of Correction in Detroit, State of Michigan, this 7th day of December A.D. 1882 from Thomas Boles Marshal of the United States for the Western District of Arkansas, the body of the within named defendant Jasper N. Bee together with a copy of the Writ.

Joe Nicholson Supt.

I CERTIFY that I have served the within Writ by delivering the within named Jasper N Bee together with a copy of this Writ, into the custody and hands of the Superintendent of the House of Correction, at Detroit, in the State of Michigan; on the 7 day of Dec 1882 and have his receipt therefor endorsed thereon, as within I am commanded.

Thomas Molip

Found guilty by a jury of the charge of attempted murder on 10 November 1882, at the Ft Smith, Arkansas courthouse.

On 20th of November 1882 he was sentenced to serve 2 years of hard labor. He was sent to a Federal prison in Detroit Michigan. He was escorted there by Thomas Boles a US marshal. He arrived at Detroit on the 7th of December 1882.

Note
The record does not say when he was released and returned home. I presume that he returned home by the same route that he went to Detroit abt. December 1884.