James C. Casharago, Murderer or Victim?
By Irvin Howard McFall*
Judge Isaac Charles Parker has been described both as a madman and as a great
jurist who brought law to what was once a haven for the most vicious type of
criminals. It is probable that Parker and the two-hundred marshals working from
his court speeded the civilization of the country west of Arkansas; however, he
has been the subject of severe criticism because of the methods he employed.
This paper will not attempt to either defend or condemn Judge Parker. The
justification for Parker's type of punishment is still being debated today, and
studies of Parker's court have been written many times by well qualified
historians and social scientists. The author will attempt to portray the
experience of James Calvin Casharago and his relationship to Judge Parker's law.
Since the case against Casharago, the last man to die on the gallows at Fort
Smith, along with the viewpoint of the federal officials involved, is a matter
of public record, this paper will be written making maximum use of Casharago's
own letters and papers.
At a little after eleven thirty on July 30, 1896, the crowd gathered in front of
the Fort Smith Federal Jail stirred anxiously as a young man wag led from the
jail toward an enclosure in the west corner of the court yard. He was a good
looking man of about twenty-six years, short in stature, and wore a mustache.
(1) The normally dark complexion of Italian blood had been replaced by the
pallor caused by sixteen months of imprisonment.
The man was led through a gate in the twelve foot high fence surrounding the
enclosure. Inside were thirty or forty people who had been able to obtain
tickets for the "show" that was to follow. They were gathered before a sturdy
platform with a roof slanting back to the remains of the old rock wall which
once surrounded Fort Smith. The platform was constructed of large timbers and
was built about seven feet off the ground. Across the center of the structure
was a 12 by 12 beam which served the dual purpose of supporting the roof and
holding a single piece of specially oiled and stretched hemp rope.
After being escorted up the thirteen steps and to the center of the platform the
prisoner found himself sharing the stage with the Rev. Lawrence Smythe and a
United States Marshal who stood by a lever protruding from the floor. The usual
procedure was for the victim to be seated on a bench which ran along the rear of
the platform as the death warrant was read, but this ceremony had already been
held in his cell, so all that remained of the usual procedure was to ask the
doomed man if he had anything to say. (2) Casharago calmly said, "I am not
guilty and if I could state it at the end of the rope after I fell through I
would do so". (3)
The prisoner's hands and feet were bound and a black hood was placed over his
head. The noose with its thirteen coils was secured around his neck so that the
loop was just behind the left ear. After Rev. Smythe delivered a short service
the marshal pulled the lever by his side and the weighted trap doors fell from
beneath the feet of James C. Casharago, alias George Wilson, the last man to die
on Judge Parker's gallows at Fort Smith, Arkansas. (4)
When Casharago reached the end of the rope he did not repeat his earlier
declaration even though his neck was not broken. It took sixteen minutes for him
to die by strangulation. (5) Although no one can know for sure what went through
the mind within that black hood, the lack of movement indicates he lost
consciousness at the end of the initial five foot drop. If there was time of
awareness, however, he may have thought of the circumstances which brought him
to this end.
As the life ebbed from James Casharago it departed from the last male to carry
the name of that respectable pioneer family of Faulkner County, Arkansas.
Gilbert Casiraghi, later changed to Casharago, arrived in Arkansas in 1850 and
finally settled in what is now known as Republican, a small community
approximately twenty miles north of Conway. Because the Italian government would
not permit male children to emigrate, his son, Lewis, could not come with the
rest of the family and was smuggled out by his mother's sister, Josephine
Nicolaides, some years later.
During the Civil War Lewis Casharago served in the United States Army where he
was permanently crippled. In December of 1867 he married an American born girl
from Conway County named Jane Havens and one year later in November of 1868 they
had a child whom they named Calvin. Lewis died sometime between July 1870 and
October of 1873. (6)
Jane remarried on October 15, 1873 and moved with James to her husband's farm in
Faulkner County. Nothing could be found about the relationship between Casharago
and his step-father, but he was educated in the county schools and was well
liked by those who knew him. (7)
Though some accounts written about James Casharago picture him as an
uncontrollable young man who was a constant worry to his mother,(8) he seems to
have been no more rough than those he grew up with. On the contrary, it appears
that he attempted to settle down and raise a family since he married Mary Salter
in April of 1888. At that time he was nineteen and went to work for Jim King who
was a locally respected business man and land owner.
Unfortunately, Casharago was to discover a side of King which was not evident to
his neighbors. He later wrote, “Jim King and others have caused me to fill a
premature grave.” (9) According to Casharago, King induced him and another young
man, R. L. Garner, to assist in a fraudulent land deal. In June of 1889, when
some of the intended victims became suspicious, King protected himself by
accusing the young men of forgery instead of backing them with money as they had
been led to believe he would.
On July 31, 1889 Casharago and Garner were indicted for forgery and Casharago
fled to the mountains of Searcy County to avoid prosecution.
Shortly after arriving in Searcy County he sent for his wife and child, but they
arrived just ahead of the law and he fled to Missouri. His efforts to elude the
law brought him to Cleburne County, Arkansas where he committed what was
probably his first robbery. It netted him thirteen dollars. Theft and robbery
now became a way of life stretching across four states. In Union City,
Tennessee, he and two companions broke into a house and stole some property.
They were soon caught, tried, and convicted. James found himself in the
penitentiary, mining ore for the state of Tennessee.
His stay in the penitentiary was accompanied by a deep inner conflict. On the
one hand he had spent his twenty first birthday in the company of murderers,
thieves, and criminals of the most hardened type. Here he learned the ways and
techniques of professional criminals. On the other hand he seemed to indicate by
his later actions and writings that he earnestly wanted no more of the type of
life that had put him in the penitentiary.
When he was released in 1892 he was still wanted in Arkansas and after a few
months of honest labor on a Mississippi railroad he returned to the ways of
crime. On June 5, 1893 he took part in a bank robbery in Bentonville, Arkansas
in which he and the Henry Starr gang took $11,000. (10) He also took part in the
Pryor Creek train robbery with the same gang.
Indian Territory was not as safe for outlaws as it had been before the arrival
of Judge Parker, however, and the Starr gang was broken up when Henry Starr and
Kidd Wilson were captured in July of 1893.
Between holdups Casharago took a job plowing for a farmer named John Porter who
lived near Okmulgee in Indian Territory. While working there he became friendly
with a man named Zachoriah Thatch. When Thatch became ill and wanted to return
to Arkansas, Casharago lent him $82.50 to get back home and secure medical help.
In fact he started back to Arkansas with Thatch but the horse Casharago was
riding went lame. Thatch continued on his way home leaving Casharago in
Wauhillua seeking someone to care for his horse and saddle. After finding a
stockman to keep them until he could return, Casharago caught a train to
Arkansas. (11)
In March of 1894 his wife, claiming desertion, divorced him. Shortly after the
divorce he returned to Faulkner County to see her and was arrested. He was held
in jail in Morrilton, Arkansas for forty days before he escaped. (12)
By now James was well versed in the art of crime and ways of evading the law. In
order to mask his flight he joined a Dr. Robinson and his son who were on their
way to Indian Territory. He rubbed salt in his eyes to change their appearance,
started wearing glasses, and adopted an alias, George Wilson. The Robinsons had
no idea they were traveling with a fugitive.
Casharago left the Robinsons near Springdale with the intention of going to
northern Arkansas. Just outside Springdale he met Thomas Presley who was trying
to find someone to replace him as the traveling companion for Thatch. Without
revealing he knew Thatch, Casharago agreed to take the boy's place. When they
met, Thatch did not recognize Casharago because of the disguise, and accepted
him as his traveling companion.
When they were alone Casharago revealed his identity to Thatch and recounted his
troubles. Thatch agreed to tell everyone that he was Casharago's uncle. This
decision helped convict Casharago when Presley testified that the two had not
known each other. When Thatch's brother and sisters testified they did not know
Casharago the deception was taken as evidence of intent to commit a crime.
Casharago and Thatch moved to Moore's Mill, Arkansas, where they made
preparations to travel through Indian Territory. Here they found Dr. Robinson
and his son also preparing to go the same direction and agreed to travel with
them.
In the middle of April, 1895 they left Arkansas and entered the Indian
Territory. During their travels several events took place which helped spin the
web of circumstantial evidence that later convicted Casharago. The first
happened just inside Indian Territory. When the group camped near Wauhillau,
Casharago was able to retrieve the horse and saddle he had left there during his
last visit. Thatch and Casharago now had six horses. The extra horse was to be
something Casharago was not able to satisfactorily explain to the court during
his trial.
The rainy weather caused the group to travel slowly and camp often. Because
Thatch's wagon was fully loaded they were forced to sleep in the open so that
their mattress got wet and would not dry out. Since the wet mattresses were
taking up needed space, Thatch sold them and they slept on sacks filled with
straw for the rest of the trip. This was later to add another strand to the web
of evidence.
Near Muskogee, Casharago and Thatch camped for several days because of a sick
horse. As they were working on the horse they used several pieces of quilt to
cover the wounds they had made while operating on the animal. Since there was no
way to determine whether the blood on the fragments was human or animal, these
blood stains from the horse and those from a prairie chicken killed later were
mistaken for Thatch's blood at Casharago's trial.
While camped they decided to settle the $82.50 note Thatch had given Casharago.
They decided that Casharago would take the wagon, the sick horse, a new colt,
and three mares in return for the note and his horse. This left Thatch with two
horses and Casharago with five, counting the colt. Since the note was destroyed
and they did not make out bills of sale, Casharago had no written proof the
trade had been made; however, the transaction was discussed with the Robinsons
when Thatch and Casharago caught up with them. It was also discussed with Sam
Spanks when Thatch and Casharago camped near his farm.
After Casharago and Thatch rejoined the Robinsons, the group went on to
McDurmoth where they met Thompson and McGlothen, two of Thatch's friends.
Because they had lost a horse and had no way to pull their wagon, Thatch agreed
to let them use one of his horses. After they finished with the horse they were
to take it to Keokuk Falls where Thatch and Casharago would meet them on May
15th.
From McDurmo, the group went to Shawnee where the Robinson's turned west going
to Kingfisher. Thatch and Casharago went to Sam Spanks' farm where they stayed
four days grazing their stock. There were several discussions with Spanks and
his neighbor about their stock and plans. During that time Thatch never claimed
more than two of the horses. On May 10th they left Spanks' place to meet
Thompson and McGlothen. Instead of going on to Keokuk Falls they camped along
the road by Rock Creek where they knew the two would pass.
The two men arrived on the thirteenth and asked Thatch to go with them to the
Kickapoo Opening. (13) Since Casharago was afraid of being recognized in a large
crowd he told the others he would stay with the stock to prevent their having to
pay for feed in Shawnee. Thatch decided to take Casharago's good saddle and
leave his old saddle and Winchester. The next morning Thatch rode off with
McGlothen and Thompson, never to be seen alive by James again.
After Thatch left, Casharago decided to move the wagon up to Will Chisolm's
house which was near by. Chisolm promised he could sleep in one of his beds
after some visiting relatives left. In the meantime Casharago slept in the wagon
by Chisolm's house.
Three or four days after Thatch left a man stopped to ask directions to
Oklahoma. He said he had been directed to Rock Creek by "Wilson's partner" and
asked about his stallion. Since the man was leading his horse by a piece of
clothesline James took him to his wagon and found an old halter for him to use.
The man, knowing from the conversation that Casharago was sleeping in the wagon,
agreed to trade an old mattress for the halter.
On Sunday, May 26th, as Casharago was returning from church he met a man on the
road who told of a body being found near the place he and Thatch had camped on
Rock Creek. He did not know who the dead man was, and proceeded on to the
Chisolm's house and took care of the stock. As he finished watering Thatch's
horse two men rode up, pointed guns at him, and told him to give up.
Since the men would not tell him why they were taking him he thought his arrest
stemmed from the old forgery warrant. Later when he was told his arrest was for
the murder of Thatch he was still more worried about being recognized for his
previous crimes than for the murder of Thatch, since he felt confident his
innocence in the later case could easily be proven. At his request he was taken
to see the body. It was badly decomposed and mutilated. The head had been
smashed with a blunt instrument and could not be identified. Since the body wore
the same type overalls as Thatch, Casharago, playing out the masquerade,
identified the body as that of his uncle. The statement was misunderstood to
mean that he was identifying his victim and later this assertion helped convict
him. He then asked Jeff King, one of the arresting officers, to go to Shawnee
and look for Thatch. The other arresting officer, Marshal Large, was going to
Shawnee and said he would look for Thatch. Casharago retracted his request of
King. This was also used against him both in Parker's Court and in the Supreme
Court as evidence that he knew Thatch was dead.
The next day in Keokuk Falls, Commissioner J. B. George held a hearing while
Casharago was guarded under a tree outside the court. He was not allowed to
confront his accusers or their evidence. (14) When he was called inside to make
his statement Casharago continued to lie about his relationship with the
deceased to prevent his true identity from being exposed.
On August 28th the Grand Jury at Fort Smith returned True Bill of Indictment and
trial was scheduled for November 18th. (15) By a strange coincidence the murder
indictment was number 159, the same number as his first indictment for forgery
in Faulkner County over six years earlier.
C. J. Frederick was appointed by the court as Casharago's defense attorney. He
promptly requested a delay on the grounds that the defense "could not safely go
to trial" without several witnesses the court had not summoned. (16) After a
short delay the court was convened on December 15, 1895 over the protest of the
defense. Of twenty-seven defense witnesses requested, only six were ever to
appear in court.
The trial lasted two and a half days and the defendant's disadvantage was
evident. The District Attorney was obviously much more experienced than the
appointed defense attorney. There were several elements which led to the guilty
verdict. Although the body was never positively identified, it was found only
170 yards from the camp site where Thatch was last seen with Casharago. Blood
was found under the spot where a second fire had been built at the camp site.
Although Casharago had told several people he was holding stock that belonged to
Thatch, he could not prove he had legally acquired them. Other possessions
identified as Thatch's were found in the wagon and used as proof of a crime.
Neither Spanks nor Dr. Robinson were called to court. Thompson and McGlothen
were never found.
The two persons who probably had more to do with his conviction than any others
were Judge Parker and Casharago himself. Judge Parker's one hour and twenty
minute charge to the jury is considered by some to be the "masterpiece of all
his numerous charges to petit juries". (17) Of twenty-eight pages, twenty-one
consist entirely of how nature always finds ways of pointing out the guilty and
how "the judgment of honest men and of men with pure hearts and minds" may read
nature to prove the guilt of a murderer. (18) The last seven pages deal with
charging the jury on how to determine guilt or innocence - mostly how to
determine guilt.
If blundering mistakes are grounds for capital punishment James Casharago
certainly deserved to hang. He freely admitted later that "denying my identity
and the lies I told to keep from being located had lots to do with my being
convicted". (19) To a person familiar with Casharago's background the lies he
told on the witness stand are conceivably no more than an attempt to conceal his
true identity and prevent his return to jail. But, such fabrications allowed the
prosecutor to destroy any semblance of credibility he may have had. The Supreme
Court in its summary of his appeal said, "His explanations of the appearances
against him, on the stand and otherwise were inadequate and improbable, and
evidence in much detail showed that many of his statements were false". (20)
Since none of the people who knew of the blood from the sick horse were in
court, the jury accepted the prosecutor's contention that the blood on the bed
clothes belonged to Thatch. Thatch's brother and sisters positively identified
the mattress Casharago had traded for the halter as one belonging to Thatch.
When two patches on the mattress were removed it was found that they covered
blood spots.
Much of the testimony for the prosecution was given by witnesses of questionable
reputation. One of the major witnesses for the prosecution had been arrested
himself five times in the previous two years, once for murder and twice for
assault.
Three men, one a deputy marshal, testified they had transacted business with
Thatch two weeks after he was supposedly killed. One of the men had been
acquainted with Thatch in the past. Although the prosecution was not able to
discredit the witnesses no account was taken of them in Judge Parker's charge to
the jury, in the Supreme Court appeal, nor obviously in the jury's
deliberations.
The case was given to the jury on Wednesday evening and they returned a verdict
of guilty the next morning. Judge Parker's reaction to the verdict was described
by Homer Crory in his book He Hanged Them High, as follows: "This was a
particularly cold blooded murder: a fine man had been killed after doing a
kindness. It was just the kind of situation to stir Judge Parker. He was
especially stirred when some of the blood soaked earth was brought in, cracks
still showing and offered as evidence. There it was, soaked with Thatch's blood.
And he was visibly pleased when the jury came back with a guilty verdict." (21)
Later, on June 19, 1896 when he pronounced final judgment on Casharago, he
further showed his sentiments in a long death sentence, "I have no doubt you
contemplated this terrible and bloody murder long before you committed it. ..,
one of the most terrible, bloody and wicked crimes known to the records of this
court. ... But nature revolted at such a wickedness and threw up the body so it
was found. ...The blood ran into the cracked earth, and thus escaped the fire
and came here as a terrible witness against you". (22) The statements and
reactions of Judge Parker do not reflect an impartial court, but Parker's
partiality had long been the source of dispute between him and the Supreme
Court. C. J. Frederick, the defense attorney, filed an appeal with the Supreme
Court listing six exceptions. Four of the six came from Parker's charge to the
jury, one had to do with admissibility of the statements made by Casharago
before the commissioner without being advised of his rights, and the other was
over admission of Thatch's picture as evidence. In the Supreme Court, as in the
lower court, Casharago's contradictory statements, his inability to
satisfactorily explain his possession of Thatch's property, and the blood stains
seemed to weigh the heaviest against him. All six exceptions were rejected and
the judgment was affirmed on April 27, 1896. Casharago spent sixteen months in
the Fort Smith jail. While he was there twenty other men were sentenced to hang.
He watched the nine doomed men as they were taken from their cells to have their
sentences executed. Eleven of the men had their sentences reversed or commuted
by higher courts. Although he does not mention it in his letters or other
writings he probably witnessed the attempted jail break of Cherokee Bill in
which Marshal Lawrence Keating was killed. The last month he spent shackled in
his cell because of "his desperate character". (23) For the first few months he
was the cell mate of Henry Starr. No one knew of his past connection with the
former gang leader until just before he was hanged when he confessed to being
part of the gang. In that confession he said he was the man who actually took
part in the Pryor Creek train robbery instead of Alf Chaney who was sent to
prison for it. (24) His last months were occupied with writing letters and a
journal of his past seven years of crime. In the journal he condemns Judge
Parker's court and criticizes the penal system of the United States. His writing
is sometimes confused and difficult to understand. At times it seems to be
written by a semi-literate person who makes numerous grammatical and spelling
errors. At other times he writes in prose that is almost poetry. Some of the
passages are probably copied or summarized from religious tracts and books but
some subjects were probably not found in books or tracts. For instance as he was
writing about his first crime he said, "Air castles are beautiful and bright
caught by a boy on sight. Mr. King, your plans have ruined my life and caused me
to be a criminal for life". (25) If some of his papers are copied, it does not
alter the fact that he must have read and understood a great deal about the
society of his day. Of course it is probable Casharago was guilty of murdering
Thatch, yet his story as read in his journal and letters point out that those
who died on Judge Parker's gallows did not always fit the stereotype of the
crude and rough cowboy. On the day before his execution Casharago was given the
baptismal sacraments for entrance into the Catholic faith. He confessed to many
crimes including the Bentonville Bank robbery, but he claimed to the end that he
not killed Thatch. After the execution, friends took his body home where he was
buried by the grave of his mother and sister Old Thorn Cemetery, north of
Greenbrier, Arkansas. Only a flat stone with no markings was placed over his
grave. Shortly after Parker's death in November of 1896 the gallows on which
Casharago died was burned by the citizens of Fort Smith. As stated in the
introduction, the intention of this paper was not to condemn Judge Parker or his
court although it was deliberately written to show the possibility that an
innocent man may have died on his gallows. It must be remembered that this
account resolved all conflicting evidence in favor of Casharago. When all
aspects of the case are considered there is considerable evidence of his guilt.
Casharago, for example, held over three hundred dollars in letters of credit and
property which belonged to Thatch. Since that was a considerable amount of money
at that time it seems reasonable to assume Thatch would have tried to recover
his property had he been alive. The absence of so many of Casharago's witnesses
may stem from the fact that citizens of the territory during the late eighteen
hundreds faced the realities of survival. They may have felt they could not
afford the sophisticated court system we are able to have today. In addition to
Judge Parker and the Prosecuting Attorney, the jury and the Supreme Court were
convinced of Casharago's guilt. Both of the latter and especially the Supreme
Court was known to resist Parker's decisions frequently. Even though the
possibility exists that Casharago may have been innocent his trial was probably
as fair as the time and conditions would permit. Appendix A History of
Casharago Papers
Most of the letters and papers used in writing this report were at one time in
the possession of James Casharago's uncle, S. P. C. Smith of Greenbrier,
Arkansas. All but one of the letters were written by Casharago to Smith. The
other letter was written to John Smith, S. P. C. Smith's son.
After the death of S. P. C. Smith, on January 19, 1917, the letters went to his
son, Samuel Smith. Relatives and other interested people were given most of the
papers. Upon the death of Samuel Smith the letters came into the possession of
Lionel Smith of Greenbrier, Arkansas who now has them in his possession and was
gracious enough to allow the author to use them, and permitted State College of
Arkansas to make Xerox copies of the papers.
The four tablets written by Casharago while awaiting execution were also sent to
S. P. C. Smith. Two tablets were sent directly to Smith through the mail and the
other two were delivered by A. P. Glenn, a friend of Casharago who lived in
Faulkner County, Arkansas. Smith lent the papers to his son John who allowed a
friend to read them. They were never returned to either of the Smiths.
A hand written copy of the Journals came into the possession of Dr. Walter
DeJarnatt, the husband of Josephine Casharago and brother-in-law to S. P. C.
Smith. This copy is now in the possession of Ralph DeJarnatt of Malvern,
Arkansas, who graciously allowed the author to use it. It is as nearly a
faithful reproduction of the original manuscript as the author was able to
determine without direct comparison.
Other documents are readily available for use as listed in the bibliography of
this paper.
One other source of information who should be recognized is Guy Nichols, who
works for the National Park Service in Fort Smith, Arkansas. He was very helpful
in expanding the author's knowledge of background information and gave him
several leads which resulted in the location of valuable source material.
Footnotes:
* Mr. McFall wrote this paper while attending SCA.
(1)This description is based on a picture taken a few days prior to Casharago's
execution. A copy is displayed at the Judge Parker National Park in Fort Smith,
Arkansas. The original is owned by Jim Donald DeJarnatt of Fort Smith.
(2) Little Rock Arkansas Democrat, July 31, 1896 (Hereinafter cited as Arkansas
Democrat).
3 Ibid.
4 Samual W. Harmin, Hell On the Border; A History of the Great United States
Criminal Court at Fort Smith and of Crimes and Criminals in the Indian Territory
and the Trials and Punishments Thereof before His Honor United States Judge
Isaac C. Parker "The Terror of Law Breakers" Embracing the Leading Sentences and
Charges to the Grand and Petit Juries in some of the most famous cases in the
world's history His Acknowledged Masterpieces. (Fort Smith: Hell On the Border
Publishing Co., 1953) p. 259 (Hereinafter cited as Harmon, Hell On the Border).
(5) Little Rock Arkansas Gazette, July 31, 1896. (Hereinafter cited as Arkansas
Gazette).
(6) Though no record of his death can be found, his name appeared in the 1870
census. Since his wife remarried after his death it is assumed he died sometime
between 1870 and her remarriage on October 15,1873.
(7) Arkansas Democrat, July 31, 1896.
(8) Homer Crory, He Hanged Them High (New York: Duell, Sloan and Pearce 1952) p.
211. (Hereinafter cited as Crory, He Hanged Them High).
(9) James C. Casharago to S. P. C. Smith, Kendall Arkansas, July, 1896, James
Casharago Papers, State College of Arkansas Library, Conway, Arkansas, the
originals belong to Lionel Smith, Greenbrier, Arkansas.
(10) Harmon, Hell On the Border p, 200.
(11) The exact time this took place is difficult to determine. Thatch's brother
testified that Thatch was in the territory four or five years prior to the
trial, but Casharago was in prison at that time. Casharago tells of the meeting
in his papers but does not give the date. See United States vs. George Wilson,
(Eight United States Circuit Court), 1895 container V299, Federal Archives and
Record Center, Fort Worth, Texas p. 64 (Hereinafter cited as United States vs.
George Wilson). Also: James C. Casharago Papers, 300 pages, written while held
prisoner at Fort Smith Jail 1895 -1896. Copy of papers owned by Ralph DeJarnatt
Malvern, Arkansas. (Hereinafter cited as Casharago's Journal.) ,
(12) There is no record of his arrest in Conway or Faulkner County Circuit Court
Records. He was probably arrested for the forgery indictment of 1889.
(13) Opening of the Oklahoma Territory to settlement on May 23, 1895.
(14) George testified in the trial that this somewhat unusual procedure was
carried out to protect Casharago from a possible lynching. United States VB.
George Wilson, p. 301.
(15) The trial was held under the name of George Wilson. Since Casharago's real
name was not discovered until the following April all court proceedings were
carried under that alias.
(16) United States vs. George Wilson, Statement submitted November 1, 1895.
(17) Glenn Shirley, Law West of Fort Smith, A History of Frontier Justice in the
Indian Territory, 1834-1896. (Lincoln: University of Nebraska Press, 1971) p.
273. Shirley gave the text of Parker's charge to the petit jury as an appendix
to his book. He did not cite the source for the charge to the appendix and the
charge is not filed with transcript records of the trial. The author has not
been able to locate other references to this charge in either books or
newspapers.
(18) Ibid. p. 273 and passim.
(19) Casharago's Journal.
(20) Wilson vs. United States, 162.. United States Reports, 615.
(21) He Hanged Them High, pp. 212-214.
(22) Arkansas Gazette, July 31, 1896.
(23) Arkansas Gazette, July 31, 1896.
(24) Fort Smith News Record, July 28, 1896.
25 Casharago Journal.
Faulkner Facts and FiddlingsSpring 1974, Volume 16, No. 1
pp. 19-30