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Fort Smith National Historic Sitesidewalk path along Arkansas River
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Fort Smith National Historic Site
Outlaws
 

In the 19th century, Indian Territory was home to not only law-abiding Indians, but also desperate criminals trying to hide out from U.S. law. 

While Indian courts had their own tribal courts and tribal police, they had no jurisdiction over cases involving non-Indians. Deputy marshals from Fort Smith were sent into Indian Territory to find and arrest those individuals who were to be tried by the federal court.  With a territory of over 74,000 square miles, the outlaws knew that finding them would be a difficult job.  

While the stories of the outlaws charged with violent crimes such as rape and murder are most commonly associated with this court, the majority of cases heard by Judge Parker were not capital crimes. Individuals were arrested and brought to the Fort Smith jail on charges such as petty theft, whiskey peddling, arson, illegal timber cutting, and violation of the postal laws.

For an outline of the steps that a criminal case would follow, from complaint to sentencing, click here.

drawing detail showing execution of Cherokee Bill with condemned standing on gallows
Executions at Fort Smith
From 1873 through 1896, eighty-six men were executed on the gallows at Fort Smith.
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reproduction U.S. Deputy Marshal badge
Law Enforcement at Fort Smith
Unpublished manuscript by former NPS Historian Edwin C. Bearss on federal court period.
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posed picture of deputy marshals holding rifles
U.S. Deputy Marshals
The federal court employed deputy marshals, baliffs, jailers, and other court personnel.
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Interior of jail cell with box for prisoners to visit with their lawyers  

Did You Know?
The conditions at the federal jail at Fort Smith were so horrible that it received the nickname "Hell on the Border." Up to 50 men were crowded into one large cell with limited ventilation and poor sanitary conditions.

Last Updated: February 22, 2007 at 13:19 EST