Ambrose-Terry-Waggoner Feud
Court and Other Records

Transcriptions by Pat Asher unless otherwise noted; images courtesy of Danette Robinette

1886

State of Arkansas
vs.
John Ambers
J. T. Wilder being swoorn sayes that on or about the 11th of July 1886 I saw the Defendant and Joe Reynolds have a difficulty in which the Deft gave Reynolds the damned lie and reynolds picked up a rock but did not attempt to use it. The Defendant then tuck a pistol out of a sack and presented at him in a shooting position and told him to drop that rock or or you are a dead man and Reynolds droped the rock. Deft then put up his pistol and walked off they were about 12 feet apart at the time the pistol was presented. This was all done in the eastern Dist. of Carroll County Ark.
(s) J. T. Wilder

Joseph Reynolds being swoor sayes that the Deft gave me the damned lie. I picked up a rock but did not attemp to use it the Deft drew a pistol on me and told me to drop the rock or I was a dead man I droped the rock and he put up his pistol.
Joseph (X his mark) Reynolds

Not sustained, the Carrying of the pistol was submitted before J.P.'s Court and fined and paid.

1887

A true Bill
Assalt with intent to Kill
J. C. Carr being swoorn says on the 10th day of may 1887 I met William Ambrose at the end of a lane and I told him I had heard that he was going to whip me and he said he had said so. And I told him that I reconed that was as good a time as any and he said yes a[n]d I told him if he wanted to to get down off of his horse and try it then and he got down, I then got down and commensed pulling of my coat. And he said you need not pull of your coat I wont fight you fare. And I told him then if he would not fight me fare we would not fight that I had nothing to fight him with.  He then got back upon his horse. I then told him if he would not fight me fare he must keep my name out of fuses. He then told me that I had met him there to raise that fus with him that I was armed. I told him I was not armed that I had nothing attal to fight with. Then he shot me with a small pistol. This was all in the Eastern District of Carroll County Arkansas
J. C. (X his mark) Carr

Martha Wood being sworn said some two days before the difficulty between William Ambros and J. C. Carr, William Ambros told me that he could whip J. C. Carr
(s) Martha Wood

Rosey Wood being swoorn sayes on the 8th of may 1887 I heard William Ambros swear that he could whip John Carr.
(s) Rosey Wood

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A true Bill
Bribery
J. M. Jones being swoorn said: I am a Justice of the Peace of Polo Township in Carroll County Ark. John Ambros told me that he would give any one fifty dollars that would try him and turn Bill Ambros and turn him loose in the case against him for shooting John Carr. He said he had started to see Carr and he thought he would come and see me. I told him I did not do business that way and he said he did not think there would be any harm in a man finding fifty dollars. This was all in the Eastern District of Carroll County Ark. About the 12 day of May 1887.
(s) J. M Jones.

Jun 1888

State of Arkansas
vs.
Rufus Peters, Wm. Ambrose, Frank Ambrose, Cole Waggoner, John Mitchell
ARSON
This day comes the state by her attorney prosecuting and the defendants in person and by attorney and Wm. Ambrose one of the defendants with H.C. Ambrose as security each for himself acknowledges himself to be indebted to the State of Arkansas in the sum of seven hundred and fifty dollars to be levied of their goods, chattels, land and easements to be void upon the condition that the said defendant shall, will and timely make his personal appearance before the judge of the Carroll Circuit Court for the Eastern District thereof at the next time upon the 1st day thereof, there and then to answer an indictment pending therein against him for the crime of arson and that he will not depart without leave thereof. Transcription by Danette Robinette

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State of Arkansas
vs.
Rufus Peters, Wm. Ambrose, Frank Ambrose, Cole Waggoner, John Mitchell
ARSON
This day comes the state by her attorney prosecuting and the defendants in person and by attorney and Frank Ambrose one of the defendants with A.C. Waggoner, and C.M. Davis as security, each for himself acknowledges himself to be indebted to the State of Arkansas in the sum of seven hundred and fifty dollars to be levied of their goods, chattels, land and easements to be void upon the condition that the said defendant shall, will and timely make his personal appearance before the judge of the Carroll Circuit Court for the Eastern District thereof at the next time upon the 1st day thereof, there and then to answer an indictment pending therein against him for the crime of arson and that he will not depart without leave thereof.
Transcription by Danette Robinette

July 1888

State of Arkansas
vs.
Rufus Peters, Wm. Ambrose, Frank Ambrose, Cole Waggoner, John Mitchell, DEFENDANTS
ARSON
On this day comes on this cause to be heard and comes the State by her attorney prosecuting and the defendants Wm. Ambrose & Frank Ambrose bring their solemnly called cause no[t] but under default and Henry Ambrose, the security of Wm. Ambrose and Frank Ambrose, and C.S. Davis, the security of Frank Ambrose in that recognizance in the sum of seven hundred and fifty dollars each being their solemnly called failed to produce said defendants. It is further considered and ordered by the court that since recognizance be and the sum is hereby forfeited and that summons issued against said securities to appear on the 1st day of the next August term of this court and show cause if they can why judgment should not be ordered against them for said sum of seven hundred and fifty dollars each, and it is further ordered that they are [illegible]. Writ issued for said defendants.
Danette Robinette, Ancestry MB, 21 Aug 2006

August 1888

1887 / 1888 - Criminal Docket for Eastern District, Carroll County, Ark (August)
ATTORNEYS	PARTIES	CAUSE OF ACTION	DAY FOR TRIAL	PROCEEDINGS LAST TERM	MINUTES OF PROCEEDING
J. V. Walker Crump & Watkins J. D. Walker & Jno. Watkins	State of Arkansas vs. Miles & John Terry	Murder in 1st Degree	1st Day	Indictment by Grand Jury. Defts held on Bond of 3000$ each. Witnesses recognizanced. Cause Continued bond.	7 Motion by Defts for continuance. Cause continued by Defts for want of testimony of Thos. Hansby, Georgia Ann Hansby, Nancy Wilhite and Robert Wilhite. Defendents held on judgmt bond. Subs Issued. [The trial was continued several times. Miles Terry was tried and acquitted Aug Term 1889. John was not tried until Feb 1899, and was also acquitted.]
J. V. Walker I. Temple, D & B et.al.	State of Arkansas vs. Rufus Peters, Wm. Ambrose, Frank Ambrose, Cole Wagoner, John Mitchell	Arson	1st Day	Jun Grand Jury Indicts. Defendents recognizanced in the Sum of 750$ each. Cause continued.	8th Defts arraigned. Plea not guilty. Defts sever & elect to place on trial Frank Ambrose. Jury Drawn -- Trial. mistrial Jury Discharged.

State of Arkansas
vs.
Rufus Peters, William Ambrose, Frank Ambrose, Cole Waggoner, John Mitchell;
ARSON
Comes the State by her attorney in this behalf prosecuting and the defendants in their own proper person and by attorney and upon being arraigned for their plea, the defendants say they are not guilty to the charge in the indictment therein.  To which plea the attorney for the State joins issue. The defendants elect to sever upon the trial and argue that Frank Ambrose shall be placed upon trial to try the issue, for in of the clerk, by order of the Court, placed the names of the regular permit of petit jurors of this Court in a box and drew there from one by one and of these so drawn the following were found qualified to wit:  Joe Cox, William Goforth, William Hill, P.? Phillips, Harry Cox, John Hudspeth, and the regular panel being exhausted and the jury incomplete by order of the court, the sheriff summoned from the bystanders, eighteen men and these the following were found qualified to wit: Frank Johnson, Dick Sparks, William Muse, P.A. Newton, John Cunningham, and Leroy Callen making in all, twelve good and lawful jurors to wit: 1.Joe Cox, 2.William Goforth, 3.William Hill, 4.Pleus Phillips, 5.Henry Cox, 6.John Hudspeth, 7.Frank Johnson, 8.Dick Sparks, 9.William Hill, 10.P.A. Newton, 11.John Cunningham, 12.Leroy Callen, who after being selected, sworn, tried and found qualified, were duly sworn and empanelled as a jury to try this cause, and after hearing the evidence, argument of counsel, and the instructions of the court, they retired from the jury box to consider their finding. And after deliberating and therein, they returned into the court and say they cannot agree and the court being satisfied that they cannot agree, they are by the court discharged.
Transcription by Danette Robinette

September 1888

1887 / 1888 - Criminal Docket for Eastern District, Carroll County, Ark. (September?)
ATTORNEYS	PARTIES	CAUSE OF ACTION	DAY FOR TRIAL	PROCEEDINGS LAST TERM	MINUTES OF PROCEEDING
J.V. Walker, C & W & J.D. [illegible]	State of Arkansas vs. Miles and Jno. Terry	Recognizance	1st day	2nd	Dew to Indictment. De[illegible] sustained. Cause resubmitted to present [illegible] & Defts held on present bond to await their [illegible].
J.V. Walker L.D. & B.	State of Arkansas vs. C. M. Davis, Grant Carnes, Wm. Ambrose, Frank Ambrose, Cole Wagoner, Jno. Mitchell	Recognizance	for Arson		Grand Jury failing to Indict, Deft is discharged. [It is not clear why a second arson charge was filed naming Grant Karnes instead of Rufus Peters as a defendant. Was there another arson in Carroll County besides the burning of Ike Terry's barn?]
J.V. Walker	State of Arkansas vs. Wm. Ambrose, Frank Ambrose, Cole Wagoner, Rufus Peters & Jno. Mitchell	Recognizance		Sept 8th 3 sub for 4	Grand Jury Eastern an Indictment of. Deft waives arraignment. Plea Not Guilty. Application of Deft [William Ambrose] for change of Venue. Cause changed to Madison Co. State witnesses recognized in $250 each. Deft recognizanced in sum of $750 with H.C. Ambrose as his security. [illegible] wit recognizanced in 250 each. Deft discharged upon payment of cost accruing before J.P.

State of Arkansas
vs.
Grant Karnes, Wm. Ambrose, Frank Ambrose, Cole Waggoner, John Mitchell
Recognizance for Arson
On this day comes the state by attorney and defendants in person and the state by leave of the court enters a Nolle Prosequi of indictment No. 2. It is therefore considered and ordered by the court that the defendants be discharged and fully acquitted.
Transcription by Danette Robinette.

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State of Missouri
vs.
Wm. Ambrose and Frank Ambrose
Affidavit for Murder
Affidavit of M.M. Terry filed before me on the 25th day of September 1888 charging Defts with murder of A.C. Garrett Dec 1887. A State warrant issued for Defts and placed in the hands of R. Lamar, returnable forthwith. W. T. Moose, J.P.
Transcription by Danette Robinette

October 1888

The NEW YORK TIMES
AN OLD FEUD REVIVED. Ozark, MO., Oct 28 --
The Terry-Wagoner feud that broke out a year ago along the Ting (sic) River on the borders of Missouri, Arkansas, and Indian Territory was renewed on Friday with fatal effect. Last January three of the Terrys were killed from ambush by two of the Wagoners, and a relative named Meek. About a month ago John Terry and Abe Terry, a brother and cousin of the two killed, heard that Meek was in the Indian Territory. They charged him with murder, and secured appointments as Deputy United States Marshals to make the arrest. They went down into the Territory a week ago, and arrested Meek. While on the way to Vinita they riddled the prisoner with bullets, and then alleged that he had attempted to escape. The Wagoners heard of the murder and started in pursuit of the Terrys and came up with them. A bloody fight took place, in which one Wagoner and one Terry were killed, while Abe Terry escaped only through the superiority of his horse. The friends of both sides are up in arms, and more bloodshed is expected.
Source: The NEW YORK TIMES, 29 Oct 1888

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The DIXON SUN (Dixon, Ill.)
FEUD BETWEEN FAMILIES --
The Terry and Wagoner Factions in Arkansas Start Another Outbreak
S.H. Gilmore, representing an Eastern wholesale firm, has just returned to St. Louis from the Kings River District in Northern Arkansas. He reports a fresh outbreak of the Terry-Wagoner feud in that section. Last January three of the Terry brothers and two of the Wagoners, father and son, were killed. Recently Sam Meeks, a cousin of the Wagoners, went to Indian Territory, and during his absence John and Miles Terry brought a charge of horse-stealing against him, and secured a special appointment to go after him. They captured and killed Meeks, reporting he had attempted to escape. The Wagoner faction has retaliated by killing Miles Terry and fatally wounding John. Cull Garrett, of the Wagoner crowd, was killed, and Cyrus W. Davis seriously wounded during the fight.
Source: The DIXON SUN, 31 Oct 1888

March 1889

July 1889

Deaths of Branson & Funk, 4 Jul 1889
The Anti-Bald Knobbers resented Kinney's continuing influence and conspired to remove him. They designated William "Billy" Miles as the assassin. Miles shot the unarmed Kinney on the 20th Aug 1888, then immediately surrendered claiming self defense. Frustrated over the exoneration of Miles for the killing of Nat Kinney, Sheriff Galba Branson hired a bounty hunter named Ed Funk. Together they found Billy Miles at the Kirbyville Fourth of July Picnic in 1889. They approached him and a gunfight broke out between the Anti-Bald Knobber supporters, the Bald Knobber supporters, and the lawmen. Both Branson and Funk were killed, and Billy Miles and his brothers fled. Billy Miles surrendered to the Springfield Sherriff Jul 9, 1889 and was released on bond. Bill and Jim Miles requested a change of venue to Christian Co which is granted and are arraigned there 5 Jun 1890. Jim & Billy Miles were tried in Christian County in Sep 1890. They again claimed self defense and were acquitted. Miles & John Terry testified on their behalf.

Douglas County Herald [Missouri], July 11, 1889
A special received says that the reports first sent out on the murder of Sheriff Branson and deputy of Taney County were nary near correct. Deputy Funk made the first demand upon the Miles brothers, Jim, Bill and Manuel, to surrender. They were carrying concealed weapons, and as liquor was flowing freely, the officers thought it unsafe in their state of feeling prevailing to permit the noted outlaws to carry their revolvers. Knowing the desperate character of the men Funk accompanied his command by drawing his pistol. Quick as a wink, Jim Miles drew his pistol and fired point blank at Funk. The ball struck a vital spot and the officer fell dead. Sheriff Branson came to the rescue of his deputy and covered Jim with his revolver, but before he could fire, Bill Miles sent a ball true to its aim at the sheriff. He was also hit in a vital spot, but in falling, fired his pistol three times in rapid succession and from later developments, must have hit Jim once at least. No other officers being present the outlaws were permitted to escape before the crowd realized what had occurred. When the atrocity of the awful deed broke upon them a posse was quickly organized to overtake the criminals. Jim Miles was overtaken near Forsyth. He had received Branson’s ball in the right side, ranging down through the opposite groin and hip. His wound was fatal and must cause death in a short time. Although everybody for miles around is scouring the country for Bill Miles, he has not been captured. The double murder is the result of the old deadly feud between the Bald Knobbers and the militia factions of Taney County, and may be only the beginning of a new reign of terror in the section.
Source: Douglas County Herald Archives

February 1890

State of Arkansas; Pltf
vs.
Rufus Peters, Coley Wagoner, John Mitchell; Defts
Arson
Comes the state by atty in this cause prosec[uting] and defendants in their own proper persons and by attorney and the defendants for this plead they are not guilty as charged. and the defendants further elect not to sever but to be placed on trial in a body whereof the atty for the state joins issue and comes A. M. Myers, M. T. An[??], H. C. Hart, Dan Smith, W. H. Cottrell, A. M. Bradley & Sam Car[mack] good and lawful jurors of the Regular panel of petit jurors. and the regular pa[nel] exhausted the sheriff by order of the Court summoned from the bystanders the following named persons. Joe Black-burn, Robert Cuthbertson, F. M. Meek, H. M. Calico and Sam Blackburn. who were as to their qualifications found competent as regular sworn with the other Seven as the law dir. making in all twelve good and lawful jurors. Myers, H. C. Heart, Dan Smith, W. H. Cottrell, A. M. Bradley, Sam Carmack, M. [Lorell?] who after hearing the evidence, arguments of counsel and instructions of the Court retired from the bar to consider of their findings and after due deliberation had returned into Court here the following verdict. We the Jury find the defendants not guilty as charged in the Indictment A. M. Bradley, foreman. It is therefore con-sidered and ordered by the Court that the defendants be discharged fully acquitted hereof.

State of Arkansas
vs.
Frank Ambrose
This day this cause comes on to be heard and it appearing to the court a . . . at the Feb Term 1888 hereof that Frank Ambrose has . . . entered into Recognizance with Henry C. Ambrose as his security that his appearance at the . . .
[Next page not available. Image courtesy of Danette Robinette]

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27 Feb 1890
State of Arkansas
vs.
Frank Ambrose
Comes the State by her attorney in their behalf prosecuting and the defendant in his own proper person in custody of the Sheriff and being informed of the nature of the charge plea and the verdict of the jury was asked if he had any legal cause to show why the judgment and sentence of the law should not be pronounced against him and no legal cause or excuse being shown, it is by the Court considered and adjudged that said defendant, Frank Ambrose be taken by the Sheriff of Carroll County to the State Penitentiary of the State of Arkansas and there delivered to the keeper of said Penitentiary and that he be confined at hard labor in said Penitentiary for the period of two (2) years from this date and it is further ordered and considered that the State of Arkansas have and recover of from said defendant all its costs in thus first laid out and expanded and ??? issue thereof.
Source: Danette Robinette, Ancestry MB, 21 Dec 2006

August 1890

Carroll County Court
26 Aug 1890
State of Arkansas
vs.
William Ambrose
On this day the order of this court continueing this cause and by consent of the Defendant set aside and comes the Defendant and in open court interposes his plea of guilty as charged of Arson him and the court doth assess his punishment at two years imprisonment at hard labor in the penitentiary of the State of Arkansas and the court being about to adjourn comes the Defendant in his own proper person and being asked by the court if he had anything to say why the judgment and sentence of the court should not be given him he answered that he had nothing to say and had no legal cause to show why he should not have judgment pronounced against him.

It is therefore considered and adjudged that the Defendant be taken by the Sheriff of this county as soon after the adjournment of this court as is practical to the city of Little Rock and be by him delivered to the warden and keeper of the Penitentiary there to be confined at hard labor for the period of two years from the date thereof and that the State of Arkansas have and recover of and from the Deft all its costs, expenses which is ordered.

State of Arkansas
County of Carroll
I Lew Nunnally
clerk of the circuit Court within and for the county indicated aforesaid do hereby certify that the within and foregoing instrument of writing is a true and perfect copy of an order made by the Circuit Court of the Eastern District of Carroll County Arkansas at its August Term 1890 as shown by the Records of said Court now on file in my office.
Witness my hand and the
seal of said court this Aug 26 1890
(s) Lew Nunnally, Clerk

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1894

State of Arkansas
vs.
William Ambrose

Madison County, AR
Assault With Intent to Kill
This {} Change of Venue From Carroll County
Witnesses for State:

Days	Miles	Dolls. Cts.	Signature
3	80	8.50	M. T. Reynolds
3	80	8.50	W. Martin
3	80	8.50	H. M. [Waggoner]
3	61	7.60	Wm. Goforth
3	80	8.50	H. M. Barnes
3	80	8.50	J. C. Carr
3	80	8.50	M. J. Woods
3	80	8.50	R. C. Wood
3	80	8.50	J. M. Jones

Transcription by Danette Robinette