Murder of E. W. Nelson

On Saturday, February 10, 1900, about 5:30 in the afternoon, thirty-five-year-old E. W. Nelson, accompanied by his wife and two children, went out onto his property near Lenapah, Oklahoma, and started building a fence. Presently, his brother-in-law, Russ Henderson, accompanied by a couple of other men, came up carrying a shotgun. According to at least one initial report, Nelson's wife warned her husband to go to the house to avoid a confrontation, but Nelson assured her Henderson and the other men would not hurt him if he didn't show fight. So, although Nelson was armed, he placed his arms across his chest to show he did not intend to use his gun. Despite the show of non-resistance, Henderson raised his gun and shot Nelson from four feet away. The heavy charge of buckshot killed Nelson instantly, nearly tearing his head off. 

Later reports, as is often the case, added more details. It seems Nelson and Henderson had married sisters, and the father-in-law, Leonard Bowles, according to one source, had laid off a tract of land from his own land for each of the sons-in-law. However, a dispute arose between Nelson and Henderson as to where the line separating the two tracts was. 

Another report gave a more detailed and probably more accurate account of the circumstances leading up to the murder. Bowles had sold Nelson an 80-acre tract of land in the 1898, but when Nelson did not follow through on payments for the land, Bowles sold the 80-acre tract to a man named Polone. Polone and some hired men went to occupy the land and removed some of the fence Nelson had put up. Nelson responded by swearing out warrants against Bowles, Polone, and the hired helpers.

Nelson then went to work putting back the fence that had been torn down. Henderson and two other men, who were working for Bowles, went to the scene and confronted Nelson. Nelson and Henderson exchanged a few words before Henderson raised his shotgun and fired. Henderson claimed he acted in self-defense, but, the report noted, there was "nothing definite about the shooting." 

Henderson and his two companions were arrested on murder charges, while Bowles, Polone, and Polone's hired hands were arrested for removing the fence. All were taken to Claremore and later to Muskogee. The latter men bonded out, while the three charged with murder were held for trial. 

Charges against Henderson's companions were later dropped or reduced, because Henderson seems to be the only one who ultimately faced a murder charge. His trial, which took place in Muskogee in September of 1901, ended in a hung jury. Apparently he was never re-tried, as I can find no mention of a second trial.