Pink’s Story (Part 2)

Pink’s Story (Part 2)

Continued from Pink’s Story (Part 1)

Pink Bruner was serving a life sentence at Leavenworth Penitentiary for the murder of Marshal Hugh Myers in May 1900, though everyone agreed he was not the man who pulled the trigger.

As part of the Curtis Act, a federal law that resulted in the break up of tribal governments, Pink, his mother, Rose, and his siblings were enrolled as members of the Chickasaw Nation in 1898. Rose, born in 1842, had been the slave of Holmes Colbert, according to her Dawes card. As Chickasaw Freedmen, Rose and her children each received an allotment of 40 acres of land in Indian Territory in 1906. The following year Indian Territory merged with Oklahoma Territory to become the state of Oklahoma.

Pink’s 40 acres, in Pontotoc County, Oklahoma, was in the center of an oil belt and had value far beyond ordinary farmland. It was worth about $1000 — a fortune for a man in his circumstances.

The Leavenworth warden received many letters from people on the outside who wanted Pink’s allotment. Some claimed, incorrectly, that it was about to be sold for back taxes.

Moman Pruiett

Moman Pruiett, find-a-grave

Pink’s attorney at his murder trial was an ex-criminal with a violent streak named Moman Pruiett. Moman was a talented but controversial criminal lawyer who bragged that of the 343 murder cases in which he’d defended the accused, 303 of his clients were acquitted. Unfortunately for Pink, he was one of Moman’s 40 clients who’d been convicted.

Moman probably had saved Pink from the hangman’s noose, but he claimed Pink owed him his allotment in payment for both his legal representation during the trial and as payment for work on a pardon or commutation of his sentence — prior to actually achieving a result. Pink tried desperately from prison to hold onto the only thing he had of value, and he refused to turn his allotment over to Moman Pruiett or anyone else.

The third suspect in the Myers murder, Ben Cage, using the alias Floyd or Walter Alexander, was jailed for drunkenness in Wewoka, Oklahoma, in July 1915. While in jail Ben boasted that he was the triggerman for the Myers murder. It was reported that Ben was tried in August 1915, but there was no record of his conviction and imprisonment. More than 15 years elapsed since the crime occurred, and in order to try him the court had to rely mostly on transcripts from Pink’s trial.

Pink’s sentence was commuted in March 1917 and he was released from Leavenworth. Lawyer Pruiett and E.G. Hall, an Oklahoma City businessman appointed his “first friend” out of prison, fought over the title to Pink’s land. It’s unclear which man finally managed to get his hands on Pink’s allotment, but without a doubt one of them did.

He dropped his nickname and returned to using his given name — Legus — after he was released from prison. Over the years he worked as a porter in a Muskogee grocery store, a laborer for a soft drink company in Oklahoma City and finally ended up living with a cousin and farming in Econtuchka, Oklahoma.

100 years has passed since Pink’s release from prison and Econtuchka is now a ghost town. Legus “Pink” Bruner’s burial place is unknown.

Featured photo: Pink Bruner’s second Leavenworth Penitentiary mugshot, taken prior to his release in 1917, National Archives, Kansas City, Missouri.

Pink’s Story (Part 1)

Pink’s Story (Part 1)

From Friday until Tuesday night the U.S. Court has been engaged in the trial of Pink Bruner for the killing of Hugh Myers, city marshal of the town of Davis, on May 5, 1900. The evidence showed that Bruner and two other negroes went to Davis on that evening, filled up on whiskey, and rode out of town firing their pistols in the air. That Myers followed them half a mile out to a lonely spot and was shot and killed. The government claims that it was done in pursuance of a conspiracy to entice Myers out of town and kill him, and while there is no evidence Bruner did the actual shooting, he was in the plot and helped on with the game; and it must be confessed that the prosecution made a very strong case.

The Davis Weekly News (Davis, Indian Terr.), May 30, 1901

Marshal Hugh Myers road out to the west edge of Davis, a small town in Indian Territory, on a Saturday night in early May of 1900 to investigate gunshots. There he found three black men: Pink Bruner, Lyman Mahardy and Ben Cage. Myers exchanged gunfire with the men and took a bullet to his abdomen. He was able to get back to his home but the wound was fatal and he died within the hour. Before he died he told his family he believed he’d wounded one of the men.

Pink was wounded in his left leg above the knee.

The next day Pink was captured after he sought treatment for his leg wound. Lyman was also located and taken into custody. Ben Cage escaped.

Bruner family freedman role

Dawes Census Card (#431) for Rose Bruner and her children

Pink was a nickname. His given name was Legus and he was born in the tiny town of Sasakwa, Indian Territory, the oldest child of John Bruner and Rose Colbert Bruner. His father was a Seminole Freedman and his mother came from the Chickasaw Freedmen. The Chicksaw follow a system of matrilineal descent in which children are considered to be part of their mother’s clan.

Maintaining his innocence in Myers’ shooting, Pink claimed Lyman had a grudge against Myers and planned to kill him after luring him to a remote spot outside of town. Ben Cage was also indicted for the murder, however he remained at large.

The cases of the two men were separated and Pink was tried first. He was found guilty of first-degree murder on May 23, 1901 and sentenced to 99 years in the federal penitentiary.

Lyman’s trial was delayed until the following June. On June 28, 1902, he died in jail, apparently still awaiting trial. Death records were not kept until 1908, after Oklahoma became a state, so the cause of Lyman’s death is unknown.

Meanwhile 22-year-old Pink Bruner headed to Leavenworth Federal Penitentiary in Kansas to begin serving a life sentence.

Continued in Pink’s Story (Part 2).

Featured photo: Pink Bruner’s Leavenworth Penitentiary 1901 mugshots, National Archives, Kansas City, Missouri

Lost in Translation

Lost in Translation

“Yes, I killed ‘em. They beat me. I was their slave.”

 

And so Dan Tso-Se, 16-year-old Navajo is to go to Fort Leavenworth with the brand of Cain upon him, because, goaded to desperation by the ill-treatment he had received from five members of his tribe, he fired bullets into them as they slept in their tepee. Dan Tso-Se will be taken to the federal penitentiary to serve a ten-year sentence some time Friday.

The Salt Lake City Tribune, June 18, 1909

At 5 feet ¼ inch tall and 91 pounds, Dan Tso-Se, brand of Cain or not, would require protection when he entered USP Leavenworth on June 21, 1909, to serve a ten-year sentence for manslaughter. A Navajo boy of uncertain age — perhaps as young as 13 — Dan would be housed with hardened adult criminals, many of whom were twice his size. To make matters even worse, Dan was unable to communicate with his captors because he didn’t speak English.

A news report stated that Dan lived with his uncle on the Navajo reservation near Aneth, Utah, and it was this uncle, along with an aunt and an unidentified woman, who were the people Dan shot and killed with a 22-caliber rifle, along with wounding a third woman. After the murders Dan fled on horseback with his younger brother Tony. The pair weren’t located for a month.

According to prison documents, one of the people Dan shot and killed was his sister. Other documents state that he killed four men who had systematically mistreated him. Dan spoke no English; he spoke only the Navajo language, so there were undoubtedly facts that were lost in translation, resulting in confusion about what led up to the murders and who was killed.

Dan trusty

With long, disheveled hair and clad in ragged overalls and a dirty shirt, Dan appeared in the U.S. District Court in Salt Lake City, Utah, in April 1909.

It was the first time that the Indian boy had ever been off the reservation. Streetcars, automobiles and other things of the paleface civilization filled him with terror. It was with difficulty that he was persuaded to walk along the street to the courtroom to enter his plea of guilty.

The Salt Lake City Tribune, June 18, 1909

Informed of Dan’s maltreatment at the hands of the people he shot (whoever they were), the judge reduced the charges against him from murder to manslaughter, giving him four concurrent ten-year sentences. Absurdly, he was also fined $400. The sheriff then handcuffed him and escorted him to the federal prison in Kansas. There his hair was cut and he was given clean clothing before his mugshots were taken.

Dan sent a letter, written in Navajo, to his brother Tony while he was incarcerated. All letters to and from prisoners were read and officials were suspicious of the contents of the letter. “I guess we will have to take his word for it as I have no one who can talk to him,” wrote the deputy warden to the prison warden. There were other Native American prisoners at Leavenworth, but none of them spoke Navajo.

Credited with good conduct time, Dan was paroled on March 7, 1916. Prison officials had been informed that he was not welcome at his home reservation, so he was sent to the Wind River Indian Reservation near Fort Washakie, Wyoming. In an effort to find out how the young man had fared years after his release, the Leavenworth warden tried to locate Dan in 1928, but found no trace of him.

Featured photo: Dan Tsose, Leavenworth Penitentiary inmate photograph, 1909. Collection of NARA-Kansas City, Missouri.

 

No Place for Her

No Place for Her

It’s rare that someone becomes famous for going to prison, but that’s what happened to 14-year-old Lizzie Cardish in 1906. After pleading guilty to arson of a government building, the judge presiding over her case was required, under federal statute, to send her to prison for life. If the crime had occurred nine years earlier, the mandated punishment would have been death.

On the evening of January 17, 1906, Lizzie, a member of the Menominee Tribe of Wisconsin, set fire to the boys and girls building at the Menominee Indian Training School, a boarding school in Keshena, Wisconsin. Indian schools deprived the children sent to them of their culture with the goal of transforming them into “civilized” people. No one was injured in the fire, however the building was completely destroyed.

Lizzie Cardish is a comely Indian maid of about sixteen years and in court Tuesday afternoon she was neatly and becomingly attired in a white gown and waist and wore a pretty dark straw hat trimmed with blue ribbon. In appearance the girl is remarkably intelligent for one of her race, and her features are quite regular.

The Oshkosh Northwestern, June 13, 1906

Lizzie’s motives for starting the fire were reported to be either a wish not to attend school or a desire to go to a different school in Carlisle, Pennsylvania. Whatever her reason, it was an act of defiance against decades of horrendous treatment meted out to Native Americans by the federal government.

On June 15, 1906, Lizzie was taken to USP Leavenworth to serve her sentence, however the penitentiary had no place to put her! Leavenworth, a federal prison in Kansas, was built to house male prisoners. Evidently lawmakers never considered the possibility that women might occasionally break federal laws.

Eleven women had been sent to Leavenworth prior to Lizzie. Their presence caused major difficulties for the warden, R.W. McClaughry, who had to find a secure, guarded place for them away from the male prisoners. Lizzie, by far the youngest, was the last female prisoner ever sent to Leavenworth.

The warden was not willing to keep Lizzie at the penitentiary for more than a day. Her mugshot and fingerprints were taken and the following day she was transferred to the Kansas State Penitentiary in Lansing, Kansas, where there was a women’s department.

Lizzie Cardish_Kansas

Lizzie Cardish, Kansas Dept. of Corrections. Collection of the Kansas Historical Society.

The public was outraged, not only that a young girl had been sentenced to life in prison for a crime in which no one was injured, but also that she was sent to a prison for male offenders. Many people demanded that her sentence be commuted, including Judge Quarles, the man who by law had no option but to pass a life sentence on Lizzie.

President Theodore Roosevelt commuted Lizzie’s sentence, in September 1906, but she wasn’t released immediately. She was sent to the Illinois State Training School for Girls in Geneva, until she reached the age of 21. Government officials demanded that she to be brought to USP Leavenworth from the Kansas State Penitentiary before being transferred to Geneva. As far as officials were concerned, Lizzie was still “officially” incarcerated at Leavenworth.

Lizzie commutation

Lizzie Cardish’s commutation document, Leavenworth prisoner file. Collection of the National Archives, Kansas City, Missouri.

William Howard Taft succeeded Roosevelt as president in 1909. He commuted Lizzie’s sentence on April 20, 1910, and she was released. She was 18 years old.

Lizzie dropped out of the news after her release from the training school. She was married twice — both her husbands were Menominee — and had eight children. She never set another fire.

Featured photo: Lizzie Cardish, Leavenworth Penitentiary prisoner photograph. Collection of the National Archives, Kansas City, Missouri.