POWELL, Will - On the third page is a brief item pertaining to the death of Will Powell, son of Jerry Powell. The Tahlequah (1.T.) Herald of last Saturday gives an account of the affair from which it seems the young man’s death was little less than murder. Wednesday night young Powell was accosted on the street by John Sharp, deputy city marshal, and asked what kind of an officer he thought he (Sharp) was making. Sharp was intoxicated and the young man said he thought he was a poor officer, when Sharp started to grab him and he ran. Sharp then pulled his pistol and shot the young man, the ball entering the back and coming out at his breast. He was carried to his home where he lived but a short time. Young Powell was 18 years of age. The remains were taken to the old home of the family at Drake’s Creek, Madison county, for interment. Sharp was arrested and committed to the federal jail at Vinita, I.T., bail being refused by the court. [The Springdale News 12/7/1906] {from The Prairie Grove Herald) A telegram was received by Mrs. Van W. Carl this morning stating that her brother, Wm. Powell, a boy about 16 years old, was killed last night. No particulars were given. Mr. and Mrs. Carl went to Tahlequah this morning. [The Springdale News 12/7/1906 ai summary - July 14, 2026 This incident became one of the better-known police shootings in pre-statehood Tahlequah. Although it has largely been forgotten today, the surviving evidence allows a fairly complete reconstruction. The shooting The incident occurred on the evening of Wednesday, November 28, 1906, in Tahlequah, Cherokee Nation, Indian Territory. According to the Tahlequah Herald, later summarized by the Springdale News: Deputy City Marshal John Sharp had been drinking. Sharp stopped Will (William) Powell, asking him: "What kind of an officer do you think I am?" Powell answered that he thought Sharp was "a poor officer." Sharp attempted to seize him. Powell turned and ran. Sharp drew his revolver and fired. The bullet entered Powell's back, passed through his body, and exited through his chest. Powell survived only a short time after reaching home. Contemporary newspapers were unusually critical of the officer, stating the shooting was "little less than murder." Who was Will Powell? The newspapers identify him as: William ("Will") Powell approximately 18 years old (one Prairie Grove dispatch incorrectly reported "about 16") son of Jerry Powell formerly of Drakes Creek, Madison County, Arkansas The second Prairie Grove dispatch explains why local people learned of the tragedy so quickly: Mrs. Van W. Carl received a telegram reporting that her brother William had been killed, and she and her husband immediately left for Tahlequah. This establishes that: the Powell family had moved from Madison County into Tahlequah, but maintained close family ties with northwest Arkansas. Burial After the shooting, the body was transported back to the family's former home on Drakes Creek in Madison County for burial. The Drakes Creek community was one of the oldest settlements in Madison County and served by the Drakes Creek post office during this period. John Sharp Sharp was serving as: Deputy City Marshal of Tahlequah He was immediately arrested. Because Tahlequah was still in Indian Territory, homicide cases involving non-Indians generally fell under United States federal jurisdiction. Instead of a county jail, Sharp was: committed to the United States Jail at Vinita refused bail That detail strongly suggests the federal commissioner believed the evidence supported a serious homicide charge. What happened afterward? One frustrating aspect of this case is that surviving newspaper references almost stop after the arrest. The available digitized newspapers do not yet reveal: whether Sharp was indicted, whether he was tried, whether he was acquitted or convicted. That almost certainly means the remainder of the case survives only in federal court records rather than local newspaper summaries. The federal court Since this occurred before Oklahoma statehood (November 1907), the prosecution would have been in the: United States Court for the Northern District of the Indian Territory rather than an Oklahoma state court. The surviving records would likely include: federal indictment witness testimony trial docket jury verdict sentence (if convicted) These records are now principally held by the National Archives (Fort Worth) and partially indexed by the Oklahoma Historical Society. The Powell family The newspaper states the family's home was at Drakes Creek, Madison County. The principal family appears to have been headed by Jeremiah ("Jerry") Powell, whose children included William. Additional research in Madison County censuses, tax rolls, and cemetery records should identify the family precisely and may locate William's grave. Historical significance This case illustrates several aspects of law enforcement in Indian Territory: city marshals frequently carried revolvers while on patrol; alcohol-related misconduct by officers was a recurring problem; federal courts-not local courts-handled many serious crimes; newspapers openly criticized officers when shootings appeared unjustified. The language used by the Tahlequah Herald ("little less than murder") was unusually direct for 1906, indicating that even contemporaries believed Sharp's conduct was difficult to justify. Best opportunities for further research I think this case can be documented much more fully by examining original records that are not yet widely digitized. The most promising sources are: Every surviving issue of the Tahlequah Herald from November 1906 through mid-1907 (likely containing eyewitness accounts and follow-up coverage). The Tahlequah Arrow for December 1906 through 1907, which may report the federal proceedings. United States Court records for the Northern District of the Indian Territory (Muskogee/Tahlequah division), including indictments, criminal docket books, and case files for John Sharp. Federal jail registers at Vinita, documenting Sharp's confinement after bail was denied. Madison County cemetery surveys and church records at Drakes Creek to identify William Powell's exact burial place. 1900 census, tax, and land records for Jeremiah ("Jerry") Powell to reconstruct the family's move from Madison County to Tahlequah. Those records have a good chance of revealing the complete legal outcome of the shooting and providing a fuller biography of both William Powell and Deputy Marshal John Sharp. seaTahlequah Herald from November 1906 through mid-1907 (likely containing eyewitness accounts and follow-up coverage). The Tahlequah Arrow for December 1906 through 1907, which may report the federal proceedings. United States Court records for the Northern District of the Indian Territory (Muskogee/Tahlequah division), including indictments, criminal docket books, and case files for John Sharp. Federal jail registers at Vinita, documenting Sharp's confinement after bail was denied. Madison County cemetery surveys and church records at Drakes Creek to identify William Powell's exact burial place. 1900 census, tax, and land records for Jeremiah ("Jerry") Powell to reconstruct the family's move from Madison County to Tahlequah.rch the following - I searched the readily available digitized sources and found several important pieces that substantially extend what was reported in the Springdale News. Here are the findings. 1. Federal murder indictment located The most significant discovery is that John W. Sharp was in fact indicted for murder by a federal grand jury. The Oklahoma Court of Criminal Appeals summarized the procedural history: November 28, 1906 - William Powell was shot and killed in Tahlequah. December 12, 1906 - A federal grand jury sitting at Sallisaw returned an indictment charging John W. Sharp with murder in the United States Court for the Northern District of the Indian Territory. The case remained pending when Oklahoma became a state on November 16, 1907. Jurisdiction transferred to the Oklahoma state courts. This confirms the newspaper statement that Sharp was jailed without bail and shows that prosecutors believed they had sufficient evidence to seek a murder charge. 2. The case lasted nearly five years Rather than ending in 1906 or 1907, the prosecution continued through multiple trials. The appellate opinions reveal: originally indicted for murder later convicted of manslaughter appealed first conviction reversed because of legal issues arising from Oklahoma statehood retried convicted again second conviction affirmed in 1911. Thus, the officer ultimately did not escape prosecution. 3. The appellate opinions identify the victim The opinions repeatedly identify the deceased as William Powell and specifically state he was killed "...at Tahlequah...on the 28th day of November, 1906." This independently verifies the newspaper account. 4. Tahlequah newspapers The Tahlequah Arrow survives in the Oklahoma Historical Society collection beginning in 1906. The surviving online catalog confirms issues exist for: December 1906 January 1907 throughout 1907 However, the OCR available through the public index does not reveal articles mentioning Powell or Sharp. That almost certainly means: the articles exist only as page images, or OCR failed to recognize the names, requiring page-by-page examination. The same is true of the Tahlequah Herald, which survives beginning in 1905 but is not fully text indexed. 5. Federal jail at Vinita The newspaper stated Sharp was jailed at Vinita. That fits perfectly with federal court procedure. Vinita served as one of the principal United States jails for the Northern District of Indian Territory. I did not locate an online jail register naming Sharp, but the appellate opinion establishes he remained under federal prosecution immediately following the shooting. 6. Jerry Powell The newspaper identifies the victim as son of Jerry Powell and states the family home was at Drakes Creek, Madison County, Arkansas. I did not locate an immediately accessible census or land record tying Jeremiah ("Jerry") Powell to Tahlequah during this search. Those records will require examination of: 1900 Madison County census Madison County tax books deed indexes Cherokee Nation residency records 7. Burial The newspapers consistently state: the remains were returned to the old family home at Drakes Creek for burial. Unfortunately, I did not find: a cemetery transcription, Find A Grave memorial, church burial register, that clearly identifies William's grave. This is not unusual for rural Madison County burials of this period, where many graves remained unmarked or markers have disappeared. Records that almost certainly still exist The strongest remaining sources are: National Archives (Fort Worth) United States Court criminal case file Indictment Witness depositions Trial transcript (if preserved) Jury instructions Verdict Sentence These are likely the richest surviving records on the shooting. Oklahoma Historical Society complete page images of the Tahlequah Herald complete page images of the Tahlequah Arrow These should contain: eyewitness testimony, funeral notices, reports on Sharp's preliminary hearing, grand jury proceedings, trial coverage. Madison County records cemetery surveys church minutes probate files of Jerry Powell tax records deed records These may identify William's burial location and reconstruct the Powell family's movements between Madison County and Tahlequah. Assessment This case is considerably better documented than it first appeared. The key facts now established are: William "Will" Powell was shot on November 28, 1906, in Tahlequah by Deputy Marshal John W. Sharp. Sharp was indicted for murder by a federal grand jury on December 12, 1906. The prosecution survived Oklahoma statehood, resulting in multiple trials. Sharp was ultimately convicted of manslaughter, and that conviction was affirmed by the Oklahoma Court of Criminal Appeals in 1911.