Duncan Lafayette TERRY Jessie M TERRY Louisa TERRY Louis Alexander TERRY Sarah Elizabeth MCCULLAR Donnie Lee TERRY Hettie Maye TERRY William Lafayette TERRY Ola D TERRY Harriet SLIGER Mini tree diagram

Louis Alexander TERRY11,5,3,9,12,4,10,14

also known as Lewis A TERRY9

also known as Louis TERRY12

9th Jan 18807,8,9,4,10 - 15th Oct 19587,4

employed in Hartsford, Sebastian County, Arkansas11

Life History

1880

Resident in La Fayette, Scott, Arkansas, United States.12

9th Jan 1880

Born in Scott County, Arkansas.7,8,9,4,10

21st Jul 1907

Marriage Fact: Residence is the same as father Duncan Lafayette Terry. Likely LouisAlexander was living in his father's household at the time of hismarriage. in Resident in Oak Lodge, Choctaw Nation, Oklahoma.15

21st Jul 1907

Married Sarah Elizabeth MCCULLAR in Sebastian County, Arkansas.18

about Nov 1909

Birth of daughter Jessie M TERRY in Arkansas.9,16,10

1910

Resident in Shady Point, Le Flore, Oklahoma.9

1918

Occupation employed in Hartsford, Sebastian County, Arkansas in Carpenter.11

1918

Residence2 in Bates, Scott, Arkansas.11

about Aug 1918

Birth of daughter Louisa TERRY in Spiro, LeFlore, Oklahoma.10

between 1921 and 1922

Occupation2: Poteau (Oklahoma) Weekly Sun, 15 Sept 1921 in Deputy Sheriff, Spiro, LeFlore, Oklahoma.1,2

"Deputy Sheriff Costello, assisted by
Officers Luke Terry and Oscar Krebs" -- Poteau (Oklahoma) Weekly Sun,15 Sept 1921

1922

Birth of son Louis Alexander TERRY.17

23rd Oct 1926

Conviction in Conviction for manslaughter upheld.13

between 1931 and 1932

Occupation3 in Deputy US Marshal, Spiro, LeFlore, Oklahoma.5,6

1932

Trial in Charged with murder, Spiro, LeFlore, Oklahoma,.6

1958

Buried in New Hope Garden of Memories, Spiro, LeFlore County, Oklahoma.3,4

15th Oct 1958

Died in Oklahoma.7,4

Notes

  • Louis Lafayette Terry was born in February 1880, a few weeks beforethe 1880 census.  He is recorded with his family in Scott County,Arkansas.

    1880 Federal Census, Scott County, Arkansas, 5 June, Lafayette,District 172, page 10B, Hse/Fam #89
    Terry, Delayafette W M 26 Head  Farmer Born in Georgia, parents bornin South Carolina
    Terry, Harriet W F 21 Wife  Keeping House Born in Louisiana, parentsborn in Tennessee
    Terry, Louis W M 5mos born  Feb 1880  Son At Home AR GA LA

    "My grandmother is Hettie Maye Terry Mosley Trotter [daughter ofDuncan Lafayette Terry and Harriet Sliger].  Her siblings were Ola,Donnie, Louis Alexander and William Lafayette.
    --  pjsj1970juno.com, Anonymous comment on genealogy

    In 1910, both Louis (Lewis) and his wife Sarah are "servants" workingas farm laborers for a family named Rose.  This may be a kinsman, butthe relationship has not been determined.  They have been married for3 years but have only one child, a new daughter, 5 months old.

    1910 Federal Census, Le Flore County, Oklahoma, 14 May, Shady Point,District 161, page 12A, Hse #210, Fam #213
    Terry, Lewis A  servant M W 30 Married for 3yrs AR GA AR Farm Laborer
    Terry, Sarah  servant F W 18 Married for 3yrs AR USA AR
    Terry, Jessie M daughter [of Lewis and Sarah] F W 5mos OK AR AR

    In 1918, he is living back across the border in Bates, Scott County,Arkansas, and working as a carpenter for a company in Hartsford,Sebastian County, Arkansas.  We get this and other details from Louis'WWI draft registration card.

    Louis Alexander Terry
    Born 9 January 1880
    Residence Bates, Scott County, Arkansas
    Occupation Carpenter, employed in Hartsford, Sebastian County,Arkansas
    Eyes Blue, Hair Dark
    Wife Sarah Terry
    Registration Waldon, Arkansas, 12 September 1918

    In the 1920 census, he was reproted as the City Marshall of Panama,Oklahoma, wehre he was living.

    1920 Federal Census, LeFlore County, Oklahoma, 2 January, Panama,District 116, page 3B, Country Roads, Hse #14, Fam #16
    Terry, Lewis A Head Owns M W 39 Married GA GA GA City Marshall [b abt1880]
    Terry, Sarah Wife F W 27 Married AL GA GA [b abt 1892]
    Terry, Jessie Dau F W 11 Single OK GA AL [b abt Sept 1908]
    Terry, Louise Dau F W 1yr4mos Single OK GA AL [b abt Aug 1918]

    A news story reports that by 1921 he was a peace officer in Poteau,also in LeFlore County, Oklahoma.  The article is somewhat ambiguous,but it appears Louis, also known as Luke, is a deputy sheriff.  Thisappears to be a county position, since the illegal still they bustedis northwest of Spiro:

    ===================
    The Poteau Weekly Sun, September 15, 1921

    "Officers Capture Still.

    "Wednesday morning of this week Deputy Sheriff Costello, assisted byOfficers Luke Terry and Oscar Krebs, captured a still of twenty-galloncapacity that was running full blast when the officer made the raid.G. R. Herriott and Leon Kellam were arrested and brought to Poteau andlodged in jail, charged with operating the still, and one gallon ofhooch was brought in as evidence against them.  The still was locatedabout six  miles northwest of Spiro and the officers consider it agood haul."
    --http://ftp.rootsweb.com/pub/usgenweb/ok/leflore/newspapers/news94.txt
    ===================

    Luke is still active with the Sheriff's Department in 1922 againstmoonshiners.  Stories in the papers indicate there was a lot of publicoutcry over the drunkenness and social disorder in LeFlore County, anddissatisfaction with the small fines ($5) given for the too-commonpublic drunkenness.

    ===================
    The Poteau News, June 15, 1922

    "Sheriff's Force Round 'Em Up.

    "John Hunt and his force have been on some mighty big still hunts forthe past two weeks..., and several men are out on bond waiting county,state and federal judges.

    "Last week a man named John Jones at Shady Point, and his still werecaptured.  This went to the federal court and the commissioner atSallisaw put him under a bond of one thousand dollars.
    ...
    "Sunday night, Hunt, Ruyle, Terry and Hardesty made a raid three mileswest of Wister and picked up a man named Maxwell with the goods.Ruyle first bought a quart from him and the boys succeeded in gettinghim on three charges.  He is under bond.
    ....
    "John Hunt and Luke Terry went to Monroe last Monday and raided ahouse, capturing some jake and other stuff."
    ===================

    Luke was later either still with the sheriff's office or already a USMarshall in Spiro, Oklahoma.  The following story is unclear exactlywhat his office was.  He is not referred to as a U S Marshall but wasgiven responsibility by the US Marshall's office for a prisoner.  Hecould have been still a Sheriff's deputy but had official authorityunder the marshall's office for the man he was to apprehend.

    In the course of his duty, he shot a man named Hal Evans and wascharged and convicted of manslaughter.  Here is a copy of the courtruling on his appeal of his conviction on manslaughter in the firstdegree.  This document recounts a summary of the event and thetestimony.

    ===================
    Terry v State
    1926 OK CR 368
    249 P. 1113
    35 Okl. Cr. 229

    Decided: 10/23/1926
    Oklahoma Court of Criminal Appeals
    Cite as: 1926 OK CR 368, 35 Okl. Cr. 229, 249 P. 1113
    Appeal from District Court, LeFlore County; E. F. Lester, Judge.

    Luke Terry was convicted of manslaughter in the first degree, and heappeals. Affirmed.

    Sam A. Neely, W. D. Wooley, and W. C. Peters, for plaintiff in error.
    George F. Short, Atty. Gen., for the State.

    BESSEY, P. B. The plaintiff in error, Luke Terry, was convicted ofmanslaughter in the first degree, with his punishment fixed by a juryat confinement in the state penitentiary for a term of ten years.

    Page 230

    No briefs have been filed in support of this appeal, and from this thecourt may assume that the appeal is without merit, or that the samehas been abandoned. This being a homicide case, the court has examinedthe record with care, and finds that the information sufficientlycharged the crime of murder, and that the evidence amply supports aconviction for manslaughter and included offense. The instructions ofthe court fairly stated the law of the case, and that the plaintiff inerror in all respects was accorded a fair trial.

    The evidence shows that Hal Evans, the man slain, was one among manyothers who had left the employment of the railway company on a strike;that the plaintiff in error, Luke Terry, was posse comitatus under theUnited States marshal for the Eastern district of Oklahoma; that thedeceased, Evans, and others engaged in the strike had been enjoined bythe United States court of the Eastern district from in any mannerinterfering with the operation of the railroad or its employees, andthat there may have been a hostile feeling between the formeremployees then on strike and the officers, whose duty it was to seethat the provisions of the injunction should not be violated. Otherthan this, the evidence shows that there had been no personalcontroversy or animosity existing between the plaintiff in error andthe deceased.

    The tragedy took place at a railway station in the presence of manywitnesses, several of whom testified that the plaintiff in errorassaulted the deceased without just cause or provocation, and, in thecourse of the altercation, fired the fatal shot. The evidence wouldhave sustained a verdict for murder. The verdict for manslaughter willtherefore not be disturbed.

    The judgment of the trial court is affirmed.

    DOYLE and EDWARDS, JJ., concur.
    ===================

    There is an oddity about reports concerning Marshall Luke Terry.Family and public sources, and the associated dates, confirm thatLouis Alexander Terry and Luke Terry are the same person.  The odditycomes in another court trial in 1932.  Marshal Luke Terry, still (oragain) on duty in Spiro, Oklahoma, is again on trial for killing asuspect in Spiro.

    The date of the offence is uncertain but a news story during the trailis dated 17 October, and references to another incident mentionsDecember 1931.  The victim this time is name Charlie Lemons, who wasshot in alleged resistance at the time of an attempted arrest.  In anews story during the trial he is referred to as "Night Marshall LukeTerry."

    The date of the news article during the trial in 17 October [1932].But in 1926 he was convicted to ten years for manslaughter.  So thisnext killing was only 6 years into the ten years term, yet he is againfunctioning as a Marshall in the same location.  In early November2007, I found a blog of a nephew of Louis "Luke" Terry with somecomments.  This is the person who had constructed the Terry FamilyHistory website a few years ago.  He comments that Luke was tried formurder after he had served time for manslaughter.  This confirms thatthe two trials are for the same Deputy Sheriff Luke Terry.  This wouldmean that he did not serve the full term for the first conviction.  Istill have not discovered whether he was convicted in this secondtrial.
    --http://bottlecapnapkin.blogspot.com/2005/11/great-grandpa-was-convict.html#links

    He comments in this same posting that his great-grandfather DuncanLafayette Terry was convicted and served time in the Ohio StatePenitentiary for selling liquor to the Indians.  I had found thislisting of Duncan as a convict, but was uncertain whether this was oursame Duncan Lafayette Terry.  But this confirms it.

    It seems odd, that even if he was released early, the US Marshallwould have rehired him as a marshall, being a convicted killer.
    Info from :
    --  Lawmen and Outlaws, OKGENWEB,http://marti.rootsweb.com/law/pic/lterry.htm
    -- Terry Family Historian, actual clipping,http://freepages.genealogy.rootsweb.com/~troy/terry/luke_jury.html

    I found also that on his son's birth certificate in 1922, Luke'soccupation at that time is Guard, Oklahoma State Penitentiary.  LouisA Jr was born on 23 June 1922.  This is just 8 days after Deputy Lukeis reported (above) as involved in the arrests and confiscation of thestills in the county!  Perhaps the sheriff's officers alternated infield duty and as guards at the prison.

Sources

  • 1. Poteau (Oklahoma) Weekly Sun
    • 15 September 1921
  • 2. The Poteau News, June 15, 1922
  • 3. Terry Family -- Descendants
    • Location:http://freepages.genealogy.rootsweb.ancestry.com/~troy/terry/lewisterrydescendanttree.html;
  • 4. Find a Grave Memorial Registry
  • 5. Lawmen and Outlaws, RootsWeb
    • Name: Name: http://marti.rootsweb,com/law/pic/lterry.htm;;
    • Newspaper unknown (probably Poteau, Oklahoma, Sun)
  • 6. Terry Family Historian
    • Trial report 17 October 1932:
  • 7. Terry Family -- History
    • Name:http://freepages.genealogy.rootsweb.com/~troy/terry/terry_family_history.html;;
  • 8. 1880 Federal Census, Scott County, Arkansas
  • 9. 1910 Federal Census, Le Flore County, Oklahoma
    • 14 May, Shady Point, District 161, page 12A, Hse #210, Fam #213
  • 10. 1920 Federal Census, LeFlore County, Oklahoma
    • 2 January, Panama, District 116, page 3B, Country Roads, Hse #14, Fam
  • 11. U.S. World War I Draft Registration Cards, 1917-1918
  • 12. 1880 Federal Census, Scott County, Arkansas
    • 5 June, Lafayette, District 172, page 10B, Hse/Fam #89
  • 13. Oklahoma Court of Criminal Appeals
    • 1926 OK CR 368, 35 Okl. Cr. 229, 249 P. 1113 (page 230)
  • 14. Ancestry Comments
  • 15. Terry Family Historian, Dec 1982
    • Name: Name: http://www.terry-family-historian.com/TFHDEC1982.html;;
    • p. 113
  • 16. Arkansas, County Marriages Index, 1837-1957
  • 17. U.S. World War II Army Enlistment Records, 1938-1946
  • 18. Terry Family Historian, Dec 1982
    • Name: Name: http://www.terry-family-historian.com/TFHDEC1982.html;;
    • p 113

Page created using GEDmill 1.11.0