Sent to The Frederick Leader and The Frederick Press, July 11, 2011
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| Frederick's Grand Avenue |
Downtown Frederick was scene of tragic 1905 killing
The part of Oklahoma Territory that would become the western part of Tillman County was opened to settlement in August 1901.
Violent actions were not uncommon in the newly settled Oklahoma Territory. A dispute about funding of a country school led to a tragic killing in downtown Frederick in November 1905.
Sylvester B. Stoneback, a prominent farmer and blacksmith who lived seven miles southwest of Frederick, was shot and killed by Al Douglas, a deputy city marshal. According to a November 9, 1905 article in the Frederick Enterprise (forerunner to The Frederick Press) Stoneback was killed under tragic circumstances:
“One of the most deplorable tragedies that ever occurred in Oklahoma, took place on the streets of Frederick about 4 o’clock last Saturday afternoon, when Al Douglas, deputy city marshal, shot Sylvester B. Stoneback with a derringer pistol above the left eye, causing his death a little over an hour later.
“The shooting originated over a difficulty between Jim Brown and other property owners of school district No. 160, about seven miles southwest of town.”
[NOTE: District 160 was Valley Home School which was located five miles west and two miles south of Frederick. In 1930, the school would become part of Weaver Consolidated #13]
“Some time ago the patrons of that district decided that they would get fixtures for the school house, but as there was not sufficient money in the treasury it was decided to assess every quarter of land $5.30. Each of the property owners paid this share, except Jim Brown, who owns a fine farm in that community, and two others, who said they would pay if everyone else did.
“Stoneback, treasurer of the district, W.F. Byrnes, director and Thos. Simmons, clerk, went to Brown, but he refused to pay.
“Last Saturday [November 4, 1905] Stoneback came to town to act as witness for Andrew J. Lancaster, who proved up on his claim in that locality, before the writer. Mr. Stoneback was in good spirits and joked as he signed the affidavit, which was destined to be his last signature.
“Later he met Brown and again attempted to get this money. This occurred in front of the Bell store and hot words ensued, but they separated without personal encounter. Some time after this he [Stoneback] went to Kelly’s hardware and borrowed a revolver, stating that he might need it in bluffing some cotton pickers whom he intended rounding up.
“Later Jim Brown together with Al Douglas, Walter Pulliam, Rogers and Harper walked up the street. In front of Price’s restaurant they passed several men from Dist. 160, and some one began jeering Brown. The latter turned abruptly about, walked into the crowd, exclaiming an oath that if anyone wanted anything out of him he could get it.
“At this Thos. Simmons struck Brown and forced the latter into the street. At this Brown whipped out his revolver and fired, either accidentally or otherwise. He then struck Simmons on the head with his weapon, knocking him to the ground, where he lay dazed a moment.”
The Enterprise reported numerous accounts of what happened next, but established that Sylvester Stoneback pulled his revolver and pointed it at Brown. Most witnesses stated that Stoneback was not trying to fire at Brown, but to cover Brown so that he would not shoot again. The written account continued:
“There seemed to be a preponderance of evidence that Douglas walked up behind Stoneback without saying a word; that the latter was so intent watching Brown, who was southeast of him, that he did not know any one was near, until Douglas knocked down his left arm and thrusting forward his revolver fired the moment Stoneback turned his head.
“The bullet struck Stoneback above the left eye, and lodged in his head. The latter staggered to the right and fell, with the hand holding the revolver under him.”
Stoneback’s body fell in the mud of the street. He was taken to a store building and then to the office of Dr. Priestly where he died two hours later without regaining consciousness.
Both Brown and Douglas were placed under arrest.
On Wednesday, November 8, a preliminary hearing was conducted in a building on South Main Street before Justice of the Peace F.R. Wynn. The building was crowded with spectators to hear testimony from twelve witnesses.
The case against Brown was dismissed, but Douglas was kept in custody pending consideration of the case during the next term of district court.
Funeral for Sylvester Stoneback was held at the Stoneback farm home on Tuesday morning, November 7, conducted according to rites of the Modern Woodsmen of America, of which the deceased was a member. Following the funeral, a mile-long funeral procession accompanied the body to Highland Cemetery [the original name of today’s Frederick Memorial Cemetery] for burial.
The Enterprise reported, “At the grave each neighbor deposited a sprig of evergreen on the lowered casket. With the words, ‘goodbye and farewell, peace, peace to thee, and to thine,’ the ceremony ended, with tears trickling down the cheeks of many of the onlookers.”
Stoneback had been born in Pennsylvania in 1858, but as a child had moved with his family to Clay County, Kansas. Stoneback’s father had drawn a claim in the August 6, 1901 land lottery, and allowed his son to settle the claim near Frederick.
A wife and four daughters survived Stoneback.
NOTE: Full text of the November 9, 1905, Frederick Enterprise article follows.
Joe Wynn is a member of the Tillman County Historical Society’s Board of Directors. He can be contacted by email at jawynn@cableone.net.
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The Frederick Enterprise, Thursday, November 9, 1905
STONEBACK SLAIN
Shot down on streets of Frederick last Saturday by Al Douglass – Jim Brown precipitated the trouble – Engaged in a fight with Thos. Simmons and made a gun play – Stoneback came to his friend Simmons aid and is shot without warning.
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One of the most deplorable tragedies that ever occurred in Oklahoma, took place on the streets of Frederick about 4 o’clock last Saturday afternoon, when Al Douglas, deputy city marshal, shot Sylvester B. Stoneback with a derringer pistol above the left eye, causing his death a little over an hour later.
ORIGIN OF DIFFICULTY
The shooting originated over a difficulty between Jim Brown and other property owners of school district No. 160, about seven miles southwest of town. Some time ago the patrons of that district decided that they would get fixtures for the school house, but as there was not sufficient money in the treasury it was decided to assess every quarter of land $5.30. Each of the property owners paid this share, except Jim Brown, who owns a fine farm in that community, and who others, who said they would pay if everyone else did.
Stoneback, treasurer of the district, W.F. Byrnes, director and Thos. Simmons, clerk, went to Brown, but he refused to pay.
Last Saturday Stoneback came to town to act as witness for Andrew J. Lancaster, who proved up on his claim in that locality, before the writer. Mr. Stoneback was in good spirits and joked as he signed the affidavit, which was destined to be his last signature.
Later he met Brown and again attempted to get this money. This occurred in front of the Bell store and hot words ensued, but they separated without personal encounter. Some time after this he went to Kelly’s hardware and borrowed a revolver, stating that he might need it in bluffing some cotton pickers whom he intended rounding up.
Later Jim Brown together with Al Douglas, Walter Pulliam, Rogers and Harper walked up the street. In front of Price’s restaurant they passed several men from Dist. 160, and some one began jeering Brown. The latter turned abruptly about, walked into the crowd, exclaiming an oath that if anyone wanted anything out of him he cold get it.
FIGHT BEGINS
At this Simmons struck Brown and forced the latter into the street. At this Brown whipped out his revolver and fired, either accidentally or otherwise. He then struck Simmons on the head with his weapon, knocking him to the ground, where he lay dazed a moment. Upon regaining consciousness he saw that Douglas had shot Stoneback, and fearing that Douglas might shoot him, he says he retreated into Price’s.
The evidence seemed to be practically conclusive at the preliminary yesterday, that Stoneback walked out or was about fifteen feet south of the sidewalk, pointing his revolver at Brown, when the former was first observed. One or two witnesses for the defense stated that at this moment some one said, “Shoot him for he shot me’ and also that Stoneback appeared to be trying to pull the trigger.
DOUGLAS FIRES
The witnesses for the territory practically testified alike to the statement that Stoneback did not appear to try to fire, but that he had Brown covered so the latter could not again shoot. There seemed to be a preponderance of evidence that Douglas walked up behind Stoneback without saying a word; that the latter was so intent watching Brown, who was southeast of him, that he did not know any one was near, until Douglas knocked down his left arm and thrusting forward his revolver fired the moment Stoneback turned his head.
The bullet struck Stoneback above the left eye, and lodged in his head. The latter staggered to the right and fell, with the hand holding the revolver under him.
Douglas walked back to the side walk still holding his pistol. Brown also stood on the sidewalk, looking very pale, pistol in hand, about the time the writer appeared on the scene.
By this time a large crowd had assembled, which Marshal Shive seemed to believe might do some violence. He allowed no one to touch Stoneback’s body until Justice of the Peace F.R. Wynn arrived, who at once asked some of the bystanders to assist him in carrying the body out of the mud.
STONEBACK DIES
The limp form was taken into Wm. Cook’s store and a little later to the old Nicholson store building. A pool of blood marked the spot where he had laid in the street. As he was stretched out on a mattress in this building, his brains could be seen oozing from his wound. His pulse, however, remained strong and it seemed he might live at least for a few hours so that he might again speak, but he never gained consciousness after being shot.
Later he was taken to Dr. Priestley’s where he expired shortly before 6.
DOUGLAS AND BROWN ARRESTED
Douglas and Brown were placed under arrest, the former not being allowed bail. They employed Ahern & Hetzel of this place. Attorneys McElhoes, Blanding, Hudson & Keys, and Stevens, of Lawton, all of whom were present at the preliminary yesterday except Mr. Stevens.
THE TRIAL
Yesterday Al Douglas was given a preliminary before Justice Wynn on the charge of murder in the first degree. The trial was held in a building on South Main which was crowded with spectators who listened to the twelve witnesses for the territory and the six for the defense. At the conclusion, about 5:30 p.m., Judge Wynn bound the defendant over to await the action of the grand jury without bail. The witnesses for the state were: D.J. Weathers, Newt Gillaspy, F.G. Baldwin, E.M. Hedrick, A.D. Winsor, B.R. Prater, E.K, Griffith, F.G. Priestley, Gus Gilson, Sam McDowell, Lee Rhodes, J.C. Whitenburg; for the defense: R. Iimberlin, Walter Putnam, Mat Harper, W.H. Graham, C.C. Shive, and Polk Fry. The testimony was about as outlined above.
The attorneys for the prosecution and defense submitted Brown’s case upon the testimony already introduced in the Douglas case. Argument was waived and the court discharged Brown. The county attorney then discharged the case against Brown for carrying concealed weapons.
All the attorneys from Lawton left for their home today, in company with Marshal Shive who has Al Douglas in custody. Douglas will be placed in county jail until his day comes up at the next term of the district court. His attorneys will attempt to have Judge Gillette let him out on bail.
THE FUNERAL
The deceased has been a member in good standing of the Modern Woodsmen of American since 1891, and at his request during life, he was buried by the local camp. The impressive ceremony of this order occurred at the residence, seven miles southwest of town, shortly after 10 o’clock Tuesday morning, with Venerable Council A.D. Winsor in charge. John Carr was master of ceremonies. The members of the local camp, in carriages, led the procession, from the residence to Highland cemetery The hearse with the remains followed, after which were the relatives and friends, making a procession about a mile in length showing the high regard in which the dead neighbor was held.
At the grave each neighbor deposited a sprig of evergreen on the lowered casket. With the words, “goodbye and farewell, peace, peace to thee, and to thine,” the ceremony ended, with tears trickling down the cheeks of many of the onlookers.
BIOGRAPHY
Sylvester B. Stoneback was born at North Coventry, Pennsylvania, Oct. 4, 1858. Early in life his parents moved to Clay county, Kansas, where he helped his father farm, and later learned the trade of blacksmith. At the time of the opening his father drew a claim here but allowed his son to file on it. The latter moved here with his family about four years ago. His family consists of his wife who is in feeble health, and four daughters: Lula, aged 20, now Mrs. Henry Nicholas; Elva, aged 19; Georgia, aged 16 and Hazel, aged 12. Georgia has been an invalid for the past four years and was not able to accompany the remains of her dear father to their last resting place.
In addition to being a successful farmer, Mr. Stoneback ran a blacksmith shop on his farm. He was an exemplary husband and father, and was highly respected by his neighbors. His tragic death has cemented his many friends in this entire community together, and they are determined that justice shall be meted out. In this they are backed by all law-abiding citizens. The local Woodmen camp will assist in seeing that the case is vigorously prosecuted.
John Stoneback, father of the deceased, luckily was visiting here at the time, and did much to lighten the burdens of the sorrowing family. John Grant, a brother, from Topeka, and Mrs. Laura Petermyer, of Morgansvile, and Mrs. Mary Young, of Clifton, Kansas also arrived and were present at the funeral, as were also Mrs. Mary Tebbe and Albert Eversoll, mother and brother-in-law, respectively, of Mrs. Stoneback. Both are from Morganville, Kansas.
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