WAS OKLAHOMA TERRITORY’S FIRST U. S. MARSHAL

Wichita Eagle

May 23, 1929—Although both history and legend relate that W. T. Lurty, of the “first families of Virginia,” was old Oklahoma Territory’s first United States marshal, back in the early days of the ‘90’s, an interesting fact has but recently developed to the effect that Lutry really never did qualify and that the distinction of being the Territory’s firs marshal belongs instead to William (Bill) Grimes, former Ohio and Nebraska man, but a fist day Oklahoman who is still living and who with Mrs. Grimes recently observed his fiftieth wedding anniversary at their present home in Santa Monica, Cal.

President Benjamin Harrison, paying a political obligation, appointed Lutry and Lutry thought to start with, that he desired the position. He came to Guthrie and made a trip around and over the then pioneer country, but it was too new and too pioneer for him. His faith began to weaken, his feet to grow colder, and he was not long in making up his mind that the Territory was no place for him, accustomed at home to all modernities and comforts.

Bill Grimes had been a sheriff up in Nebraska, even then just emerging from a pioneer atmosphere, and was well equipped for the place. He had been an applicant for the marshalship and a strong contender, with the backing of the entire Nebraska delegation I both houses of congress, but Lurty was chosen by Harrison instead. Grimes had come to Oklahoma at the opening on April 22, 1889, and was one of the Republicans to form a crude party organization almost immediately. Grimes also had the endorsement of this territorial party organization. These facts being known to Lurty he asked Grimes to be his chief deputy and during the short period that Lurty was in the territory the two men became good friends.

Made tour of Counties

The first governor was former Congressman Steele of Marion, Ind. In fact practically ever man named to office at that time by the president was from outside the territory, and the word “carpetbagger,” originated many years ago to apply to out-of-state appointees, was given to these men also. Oklahoma had been given its territorial enabling act in the early spring of 1890 but not until the latter part of April or the first of May did the appointees begin to function.

Prior to organizing the several counties that then constituted the Territory, a tour of the area was made by Governor Steele. Marshal Lurty and various other officials. It was this trip that gave the cure to Lurty and made him realize that this was no country for him. So forcibly did this fact strike him that he never fully qualified. He could not give bond in the Territory, it developed; it was just about that time the present day bonding companies were beginning to function in the East.

Grimes did not accept the appointment of chief deputy marshal from Lurty, but he told him that he would give him every assistance possible in forming his organization. When Lurty decided to go back East he talked the situation over with Grimes, admitting that the thought he would quit and advising Grimes to be ready to press his claims for the position. Lurty then left, the opinion being prevalent that he was going back to make bond, but he told Grimes that in all probability he would never come back. It was not long afterward that Grimes received a wire from Lurty that he had resigned.

Receives Appointment

Immediately Grimes got busy again through the Nebraska delegation I Congress, which, headed by United States Senator Manderson, made a strong plea to President Harrison. Governor Steele, Lurty, and the territorial republican organization also endorsed Grimes immediately, and he was appointed soon afterward. He qualified immediately, made bond and went to work.

Grimes had considerable trouble getting his first force of deputies lined up in the home office at Guthrie and in the field.

“It had to be a proper force, one that would function beyond a doubt,” Grimes said recently at his home in Santa Monica. Much political pressure was brought upon him to name republicans only to all places. Grimes agreed that the office deputies should be party men but he refused absolutely to regard politics at all in naming his field deputies. What he wanted were men on whom he could rely and who were unafraid. It was here that his former sheriff career in Nebraska came in handy.

“What I wanted particularly” he says, “was men of experience, whatever their politics, as it was very apparent at the beginning of Oklahoma that it was going to be a ‘he-man’ job to combat the lawless element then prevailing. In naming these field men I accepted no political suggestion whatever.”

Among the early appointments of deputies by Grimes was Jess Graham from the police force of Guthrie, with Ed Kelly, who was city marshal. Grimes says that Graham became a very valuable and earless officer. Ed Kelly is now assistant to the general manager of the rock Island railway, with headquarters at El Reno.

Other Selections

As deputies Grimes also picked the two Cochran brothers of Oklahoma City, one of them later becoming marshal in the city. Heck Thomas was one of Grimes’ men, and he helped Grimes get a man of broad experience off the police force at Fort Smith, Ark., one of old Indian Territory’s most popular officers wounded several times in the discharge of his duties.

Bill Tilghman was another of Grimes’ selections, a man noted then for his work in Western Kansas. Another was George Thornton of Oklahoma City, whom Grimes describes a “a modest man in every way, but one of the coolest and nerviest men I have known.” Thornton was killed in a duel with an Indian Territory outlaw, known as Captain Wiley, a part blood Creek Negro. Wiley was so badly hurt by Thornton’s fire that he also died in jail soon afterward.

Then there was Ed short, also a western Kansas experienced product. “He was beyond what we term nervy,” says Grimes in remembrance. He was near to foolhardy and had been in the county seat fights of western Kansas. When advised and irected he was a most useful officer.” Short was killed by Charley Bryant one of the Dalton gang, at a siding (now Waukomis) in the Cherokee Strip. Short had Bryant under arrest on the train, which was in motion at the time. Bryant got hold of a gun, belonging to the express messenger, and shot it out with Short—another duel that was a finish for both men.

Had Chris Madsen

Chris Madsen, still a deputy at Oklahoma City, was another of Grimes’ men. To start with J. C. (Jim) Robb of Kingfisher was Grimes’ chief deputy, but he resigned after a time and Madsen was called in from the field to take his place.

“Madsen was useful in both field and the office,” Grimes says. Madsen had been under Colonel Merritt with the Fifth Cavalry in the regular army and had wide experience in settling Indian matters, a man with a long career. Grimes remembers that Madsen was particularly useful on one occasion, saving Grimes’ life at a time when Grimes was sandwiched in between outlaws and train robbers.

Lafe Shadley was one of the first men on Grimes’ force, one of the old school, plenty of nerve. He was an old sheriff in the Coffeyville, Kansas, locality.

“He lad the old Indian idea,” says Grimes, “that when you got to fight an enemy, step out in the open and soot it out with him. He was a fine shot and got away with it lots of times. He was located for a time at Pawhuska among the Osage Indians, being their chief police officer. But at the Ingalls fight with the Doolin gang, when Shadley could have remained behind trees while the battle was on, he elected to step out as usual and shoot it out. An unlooked for shot from an upstairs window, where Shadley could not see his party, killed Shadley and in a similar manner Deputy Dick speed was also killed.”

In connection with Deputy Speed, one incident is well remembered by Grimes. Speed with several other deputies was after an outlaw in the Ponca Indian country. The outlaw dodged behind a chicken house. The deputies, in shooting through the house to silence the outlaw, also killed a rooster. The woman-owner of the rooster wrote a letter to Grimes, as United States marshal, and scored the deputies for their reckless shooting. She enclosed also a bill for 75 cents for the chicken’s value. Grimes says: “I sent her the money by return mail.”

Battled Poe Gang

Tillman Lilly was one of the most active men on the Grimes force and saw much service and many battles with outlaws during those first days. He was one of the deputies with Grimes in a battle with the Poe gang on the Washita River. This was the time that Chris Madsen saved Grimes’ life by shooting a horse from under one of the outlaws. This gang had pulled a Santa Fe train robbery at Red Rock, twenty miles south of where Ponca City is now located, and Grimes and his deputies were after them.

Lee Taylor was a Texas Ranger. Taylor is remembered by Grimes as one of the nerviest of men. “He was one of that fearless brand that was so greatly needed in those days,” says Grimes. Taylor and Bill Doolin were enemies and those who knew about their quarrel, expected a battle whenever they might meet. Tailor had arrested Doolin several times and thus gained his enmity.

“On one occaion,” says Grimes, “Doolin sent Taylor a message, daring him to be at a certain dance on a creek in the Osage country. Taylor went alone ahead of Doolin. Someone told Doolin that Taylor was inside and Doolin rode away. Taylor had that kind of nerve.

Another Osage nation deputy well known at that time was Warren Bennett. “He had nerve to the bone,” Grimes says, “but was one of the politest men you would ever meet, kindly in his every manner. He was a splendid shot and carried the respect of the ‘off the reservation’ gang.”

One how by no means should be overlooked according to Grimes, was Captain Prater, perhaps as little known as any of them, but a fine officer. He lived at El Reno.

“It was Prater who led the posse the next day after the Rock Island bridge robbery, as they called it, killed Tulsa Jack and brought him the following night to Hennessey” says Grimes. “It was just 24 hours after the robbery that the Rock Island officials called me, got me out of bed and furnished me a special engine from Kingfisher to Hennessey in order that I might identify the outlaw who had been killed by Prater. It was Tulsa Jack".

With the single exception of William D. (Bill) Fossett, all the first organization of the United States Deputy marshals in old Oklahoma Territory, those who were really worthwhile, were of Grimes’ selection. Fossett is still living at Kingfisher, and like Chris Madsen, is still a deputy. At that time Grimes and Fossett were fellow townsmen at Kingfisher, but Fossett was with the rock Island railway company as a secret service man or special officer and held his job there, rather than joining with Grimes. The two were special friends.

“I consider Bill Fossett among the best officers of his time,” Grimes says of his old friend. “He made a good United States marshal himself, when he succeeded Harry Thompson in the early 1900’s.”

In addition to his force of deputy United States marshals, Grimes as marshal also named the first deputy sheriffs throughout old Oklahoma Territory, and he named one-half of them democrats. Grimes had this appointing power for the reason that congress in the enabling act had given the United States marshal concurrent jurisdiction in all criminal cases in serving warrants of arrest, but this was not given to sheriffs.

“All the counties were then border counties” Grimes explains, “and all adjoined Indian country. Often there was horse stealing and other crimes committed in the counties and the sheriffs did not have authority to cross the line into the Indian countries to follow the criminals. So I just deputize them all as federal men and this made it possible for all officers, regardless of politics, tow work toward one end.”

Real Thrills Then

Those were the days of the real, actual thrills in Oklahoma Territory and the men who went through them, men selected entirely by “Bill” grimes, were those who made it possible to live in the Territory during its formative period, who protected life and property, and who cleaned up the Territory until it became within a few years one of the most law-abiding portions of the country.

The fact that Grimes refused positively to adhere to politics in making his appointments made it possible to get the best caliber of men, no matter from what states they came. The Texas Ranger, the old Arkansas federal deputy and the men from Kansas, who had helped clean up the western counties, all worked together under Grimes satisfactorily and successfully.

Grimes, himself, still believes that it was his getting away from politics in making his appointments that brought results in those first days. Only recently at an Oklahoma meeting, out in California, when a former prominent Oklahoma democrat was called upon for a talk, he closed by calling attention to the presence in the meeting of William grimes, “a man who made history for Oklahoma,” and took the occasion to compliment Grimes, even at this late date, for his good work and his non-partisan zeal in organizing the first United States marshal force.

Grimes if very insistent that all of his deputies of those early days be given full credit for the work they did.

“If we hadn’t good men, it would have been impossible to do the work,” he says and he adds that in his opinion there was never a braver, finer set of officers organized in one force. “I am very proud of those who did the work in the field and office,” grimes declared recently.

“I want the credit for the stirring events that prevailed in early day Oklahoma to go to the deputies,” Grimes added, “who did so much to clean the Territory of outlaws.”

The fact is nevertheless, that the splendid work accomplished resulted from the organization that Grimes made at the beginning of the Oklahoma territorial form of government.

Transcribed & submitted by: Mollie Stehno

|  Mollie's Corner Page  |  |Home  |