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Chapter 18

Bill Posey

William Andrew Jackson Posey, the youngest son of Benjamin and Eliza (Berryhill) Posey, was the black sheep of the Posey family. He was born 16 June 1846, Tallapoosa County, Alabama, died as an outlaw June 16 near Eufaula, Indian Territory, 1877.

Shortly after Bill Posey was born, his parents moved to Nacogdoches County, Texas, where his oldest sister, Sarah, married Silas H. Barber 6 December 1846. The Posey family moved to Limestone County, Texas in 1858.

Bill Posey married Elizabeth Wallace ca. 1865 in Limestone County and they had three children.138 (new information from Bill Lehmann) It was Elizabeth's brother, Matthew Alexander Wallace, that Bill Posey was accused of hanging, in 1873. Elizabeth died in 1875 and the children were sent to live with Bill in Indian Territory. Bill Posey had another son by Susan Riggs who was later married to a Grayson.

Blood on the Bluebonnets by Bill Lehmann, 1994 (Excerpt one)
Blood on the Bluebonnets (Excerpt two)

After Bill Posey was killed, the three sons of Bill and Elizabeth went to live with Lucinda Hopwood Smith, a cousin of Bill Poseys. They later left and were taken in by a missionary family, the Robertsons. The Robertson's daughter, Alice, would be elected to the U.S. Congress in 1920, the second woman ever elected to Congress.

All four sons of Bill Posey are on the Final Rolls of Creeks, known as the Dawes Rolls.

I deeply appreciate Bill Lehmann for sharing his book, "Blood on the Bluebonnets" published in 1994, with me.

  1.  Matthew Andrew Posey, born 11 September 1866, Waco, Texas, died 
      1950, Phoenix, Arizona.  He lost an arm from a shotgun blast while 
      riding with the Dalton gang.  He married Rebecca Hannah at Wagoner, 
      Oklahoma in 1907.  Shortly after the marriage, they moved to Idaho.

      A.  Inez Posey, born 1911 in Idaho.

      B.  Lysle Posey, born 1913 in Idaho.

      C.  Geniveve Posey, born 1918 in Oklahoma.

  2.  Albert Washington Posey, born 7 February 1869, Waco, Texas, married
      Mary Ann Dayley 8 December 1893, Basin, Idaho.  Albert died 7 June
      1953, and Mary Ann died 8 April 1955.  Both are buried at Basin, Idaho.

      A.  Wallace Leroy Posey, born 1895.

      B.  Leonard Earle Posey, born 1897, I. T., died January 1973.

      C.  Elsie Myrtle Posey, born 1898.

      D.  Elmer Carl Posey, born 1900, I. T. 

      E.  Nina Elvira Posey, born 1904.

      F.  Ora Elizabeth Posey, born 1907, married LeRoy F. Nielsen, lived in 
          American Fork, Utah in 1974.

      G.  Albert Melvin Posey, born 1909.

      H.  Delbert Kelvin Posey, born 1909, twin of Albert.

      I.  Arkie Ann Posey, born 1917.

      J.  T. C. Posey, born 1920.

  3.  Robert A. Posey, born 21 June 1871, Waco, Texas, died February 1901,
      buried at Red Fork, Indian Territory (now west Tulsa).  He married
      Flora E. Hardy in 1890 at Basin, Idaho.

      A.  Lee A. Posey, born 1893 in Idaho.

      B.  Mary E. Posey, born 1895 at Red Fork, I.T.

      C.  William A. Posey, born 1897 in Idaho.

  4.  Henry A. Posey was born in 1877 near Concharte Town, I.T. to 
      William Andrew Jackson Posey and Susan Riggs Posey.  Henry married
      a woman named Mary and had one child.  They lived at Wagoner, OK.

Family tradition handed down to Mrs. Ora Nielsen is that Bill Posey had a visitor one night, possibly a brother-in-law, who spent the night The next morning, the visitor was gone, and a stolen horse was found in Posey's corral. Bill Posey was convicted of horse stealing and was sentenced to five years in prison. He became a very bitter man, and this made an outlaw out of him.

Newspaper clipping, Bill Posey

Waco Daily Examiner      )
Waco, Texas              )      Bill Posey was taken into court yesterday
Vol II, No. 212          )      morning.  The application for a new trial 
page 3, Col 1            )      was overruled, and sentence passed.  The
Friday, July 10, 1874    )      officers started to the depot, but found
                                the train had left.  He was then placed
in jail and will go down this morning.  Five years in the penitentiary is 
the sentence.

Thanks to Hugh K. Higgins, Jr., I now know what Bill Posey was convicted of.

Texas Department of Criminal Justice
P.O. Box 99
Huntsville, Texas 77342
Wayne Scott, Executive Director

July 18, 1996

Mr. Hugh Higgins
Austin, Texas 78755

Mr. Higgins:

Our files indicate the following on the person about whom you have 
inquired:

NAME:                  William Andrew Posey
TDCJ#:                 3644
DATE OF BIRTH:         N/A
ENTRY DATE:            7-11-1874
COUNTY OF CONVICTION:  McLennan
OFFENSE:               Theft of Two Mules, 5 years
RELEASE DATE:          Escaped 3-4-1876 from Painters Camp.

Due to the confidential nature of our files and legal restraints, we are 
unable to provide further information.

We cannot provide copies of documents contained within our files.  We 
suggest you contact the District Clerk's Office in the county of 
conviction for commitment information, you may also wish to contact that 
sheriff's office.  We cannot accept fees for the information provided and 
do not have sufficient manpower to do exhaustive research into our archives.

Sincerely,

Eva Perry,
Adminstrative Assistant
to the Chairman State Classification Committee

EP/dw

Letters found at the Indian Archives, Oklahoma Historical Society Library
Oklahoma City, Oklahoma

Executive office of       )
the Muskogee Nation       )           Whereas it apears from documents
Ward Coachman, Prin Chief )   placed in my hand as to the crimes committed
Wm.Harrison, Private Sec. )   by W. A. Posey now in the jurisdiction of 
Okmulgee, C.N.            )   the Creek Nation and a demand having been 
April 23rd, 1877          )   made in accordance with law and truly by
                              R. B. Hubbard Governor of the state of 
Texas for his arrest and delivery to Daniel Childers, who is legally 
authorized by said Governor of the state of Texas to receive him.  Now 
therefore I Ward Coachman Principal Chief of the Creek Nation do issue 
this to any lawful officer Greeting-- you are hereby commanded in the 
name of the Creek Nation to arrest said W. A. Posey and deliver him 
safely to said Daniel Childers - herein fail not as the law directs.

                                          Given under my hand and
                                          seal of office the day and 
Wm. Harrison                              year above written
   PS
                                          Ward Coachman
                                          Princ Chief M. N.

Office of U. S. Indian Agent   )
Union Agency, Indian Territory )     Hon. Ward Coachman
S. W. Marston, Agent           )     Chief, Creek Nation
Muskogee, June 20, 1877        )     Sir,
                                           I have learned through what is 
believed to be a reliable source that the Light Horseman of Muskoke Dist 
in attempting the arrest of Wm. A. Posey who was demanded some time ago by 
the Governor of the State of Texas was forced to kill him.  You will 
please report all the facts in the case to this office at as early a day 
as they can be obtained from your officers.

                                 Very Respectfully
                                 Your Obt Servt.
                                 Union Agency I. T.
                                 In absence of Agent

Executive Office of        )
the Muskogee Nation        )
Lochar Harjo, Prin Chief   )             Hon Ward Coachman
Wm. Harrison, Private Secy )             Prin Chief, Creek Nation
Okmulgee, Creek Nation     )             Dear Sir,
June 22, 1877              )                      This man Riggs, a white
                                man living near Col. Robinsons in the
Deep Fork District and a brother in law to Bill Posey, is meddling himself
I think too much for a man in his position and status in this country.  
I have learned that he had written a letter to ______ of the U. S. 
Marshalls concerning the killing of Posey and also about Capt. Suntharpee 
taking Posey's arms  I have no idea that he can do anything but it goes to 
show that he wants to meddle where he has no business, and cause trouble 
so I much advise you to revoke his permit immediately and report him as 
an intruder and let the Nation get rid of him for I think he is a bad man.

         
                                    Your friend and obt servt.
                                    Jaco Barnett, Judge, M. D.



Office of Indian Affairs   )
U. S. Union Agency         )           Hon. Ward Coachman
S. W. Marston, Agent       )           Okmulgee, I. T.
Muskogee, T. T.            )           Dear Sir,
July 2, 1877               )                    I have received a letter
                                from His Excellency The Governor of Texas
in regard to the killing of William A. Posey in an attempt to secure his 
capture upon the Governors requisition and all is satisfactory.  I have 
therefore concluded it would be best for you to return the Governors 
requisition paper in the files of your office and so I return it for this 
purpose.


                                 Very Respectfully
                                 Your Ob't Serv't
                                 S. W. Marston
                                 U. S. Agent

P.S.  Please make a written requisition on this office for the orphan
      payment and I will send for it.

                                  SWM

Newspaper Clipping, Bill Posey

Fountain City Argus  )
Bryan, Ohio          )            BILL POSEY
July 12, 1877        )
                        A Texas Desperado That Wouldn't be Captured Alive,
                         Thrilling Recital of a Brief But Bloody Career


EUFAULA, INDIAN TERRITORY (correspondent of Chicago Tribune)
"Killed while resisting arrest" is the return to be made by Sun-tharpee 
of Ceechee Town, Captain of the Creek Light Horse, in the chase of Bill 
Posey, one of the most notorious and reckless dare-devils of the gang of 
Texas, Indian Territory, and Kansas desperadoes, horse and cattle thieves 
that have infested this country for years.  A Spanish-Mexican with a claim 
to Indian blood in his veins, Posey has made his headquarters on Cane 
Creek, Polecat and Arkansas Rivers, drifting back and forth as occasion 
required, always armed to the teeth.  With a long Spanish knife and 
three six-shooting revolvers in his belt, and a double-barreled Henry 
rifle loaded with buck-shot, and a dispositin to use them at every 
opportunity, he was an unpleasant person to meet, and the terror of the 
road.  No less than 29 indictments had been found against him in various 
counties in Texas, the charges ranging from petit larceny to highway 
robbery and from assault and battery to the hanging of his brother-in-law 
in the front yard of his residence in the presence of his agonized family.

Bill Posey had wealthy and influential relatives in Limestone and other 
counties in that state who had managed to screen him until about four years 
ago when he was arrested, tried, and sentenced to five years in the 
penitentiary.  He hade served out 20 months of his sentence, but so 
turbulent had he been that he had inspired a feeling of terror even among 
the prison officials.  Bucking, gagging, flogging, or showering failed to 
subdue him and he was put in the chain gang and set to work in the street 
in charge of guards.  While working one day with a 12 pound ball attached 
to his leg, he watched his chance, struck down one of the guards with a 
stone, snatched his gun and stood off four of the guards.  He called on 
the prison authorities with oaths to come out and rearrest him and he 
would kill them all for their cruel treatment.  Holding all the doughty 
officers at bay, he slowly retreated toward some horses feeding nearby.

Getting the horse between himself and the guard, he cooly picked up the 
ball, slung it over the horse, mounted, and rode off in safety to his 
father's house, where he secured his own gun, revolver, and a good horse 
and again crossed the line into the Indian Territory.  While at his 
temporary home on Cane Creek, two Deputy Marshals attempted his arrest.  
To this he assented, and asked them to his house to dinner before leaving 
for Fort Smith.  With four revolvers pointing to his head, he coolly 
walked into the house with them, placed chaired, and ordered dinner quick 
for three, and went about making preparation to leave.  Suddenly he 
reached under his low couch, brought out his six-shooter, sent one ball  
through the thigh of one deputy and another through the eye of the other, 
and drove them from the house.  He ordered them to throw up their hands 
and down their arms, and then coolly asked for the writ.  This he 
destroyed, compelling the owtwitted and conquered officers to go in and 
partake of the meal prepared for them and let them go back to report 
their failure.

He vowed never to be taken alive, and he kept his vow.  He lived for a 
part of the time on Cane Creek midway betwen Muscogee and Okmulkee, built 
a block-house, surrounded himself with a set of criminals and bid defiance 
to all the marshals of Texas or the Territory.  Here for fifteen months 
he had been on the scout.  During the day he never for a moment laid down 
his arms.  He slept always with his belt of arms on the bed before him 
and the sixteen-shooting Henry rifle in his hands. A fresh horse was 
always saddled near the door and no man was ever permitted to approach him 
unless he was covered with the inevitable rifle.  Stimulated by the heavy 
reward offered by the State of Texas, many attempts were made to arrest 
and numberless traps laid to catch him off guard.  Nearly every deputy 
marshal in the Territory had tried his best to get the drop on him but 
failed.  He defied them all.  Thy had often met him on the street of 
Muscogee and Okmulkee when they were three to one, but were afraid to 
attempt his arrest.

A few weeks since the governor of Texas made a requisition on the chief of 
the Creek Nation through the U. S. Indian Agent for his arrest and return 
to the Texas officials, Chief Ward Coachman placed the necessary papers at 
once in the hands of Capt. Sun-thar-pee of Utechee Town with orders to 
bring in Bill Posey, "dead or alive."

On Friday morning last, the Captain learned that Posey had entered 
Okmulkee that day and had a wounded finger amputated, and had left, going 
toward the Arkansas River.  All that night with a posse of two picked 
men, he followed on his trail and Saturday evening they came up on him 
near Conchartee Town on Polcat Creek, driving some stray horses ahead of 
him.  He was well-mounted as usual and disdained to run from three 
Indians.  The captain ordered him to surrender and throw up his hands.  
The fight commenced.  Posey reached for his ever-present rifle, but his 
lost finger was in the way, and before he could bring it to bear, a load 
of buckshot went through his right arm, breaking it above the elbow.  As 
it dropped limp at his side, he dropped the rifle, drew his revolver with 
the left hand, emptied two of the chambers, when another mass of buckshot 
broke his left arm.  Spurring his well-trained mount, he charged full speed 
at the captain, knocking him and his horse over the bluff into the creek 
below.  Posey then wheeled upon the posse who stood their ground, firing 
at him with their revolvers.  The orders were to take him dead or alive had 
to be obeyed.  The fight was now at close quarters.  Riddled with bullets, 
the flesh torn from his hips, both arms broken, he continued to fight, 
trying to ride down the officers.

Capt. Sun-thar-pee had again joined the posse, this time on foot.  An 
aimed shot from his revolver tore off Posey's nose completely.  It 
seemed impossible to kill him.  Still he refused to surrender.  Their 
revolvers nearly empty, it looked as though he would again escape, but 
the last bullet from the captain's revolver struck him in the chin, 
breaking his jaw, and went crashing up through his brains.  Mangled 
almost beyond recognition, game to the last, he fell dead from his horse, 
making good his oft-repeated boast that he would die, but would never be 
taken prisoner."


                             **********

The correspondent who wrote this article makes it appear that Bill Posey had been killed just a few days before he wrote this article on July 12, 1877. but it is quite evident in the letter of I. G. Vore to chief Ward Coachman, that Bill Posey had been killed more than three weeks earlier, on the 19th or 20th of June 1877.

Thanks to my ex-roomie, Jerry Newport, the aspergers-math whiz, I know that 20 June 1877 was a Wednesday. Since Bill Posey was killed on a Saturday, he died 16 June 1877.

Bill Posey had no Mexican-Spanish blood, but may have been as much as one half-Creek Indian.

An article on Bill Posey appeared in "True West" January 1988, pages 22-25, by Ernest Lisle Reedstrom. It doesn't appear to be any more accurate than the above article, which was included in the magazine. The dates added are in error. References for the article are contemporary accounts from the Austin Statesman, The Denison News, the Galveston News, The Tahlequah Cherokee Advocate, and the Wichita Eagle.

This page was last updated Wednesday, 16-Jul-2008 02:08:38 MDT