Abel McGilberry: Murder & His Innocence

Able McGilberry was born in 1871 in  Choctaw Nation, Indian Territory, Oklahoma, to Charles McGilberry (1832-1896) & Anna Lucas (1847-1896). He was a Choctaw Indian by blood.

Inmate#2970 Leavenworth Federal Prison

Rec: 7 May 1902

Crime: Murder

Term: Life

The man that was murdered was John B Drake in Aug of 1896

He looks scared and confused, he probably didn't understand anything happening and I am sure they didn't have a translator there to help ease the confusion and frustration, but then if they would of had a translator in Fort Smith he probably wouldn't of been convicted. Poor man.

Before he was placed in Leavenworth Federal Prison he was held in Fort Smith, Ark, here are some of those records.

I found this in Google Book, below.

Source and link fo the above:

https://books.google.com/books?id=iddDAAAAIAAJ&pg=PA250&lpg=PA250&dq=Abel+McGilberry&source=bl&ots=ZSORoudizV&sig=ACfU3U2cPse3Cwb4J5I4GK-FoGfZay-wAQ&hl=en&sa=X&ved=2ahUKEwiEwNb-4NfpAhVbWs0KHUc5DbEQ6AEwA3oECAcQAQ

Here are some newspaper clippings on the case.

https://www.newspapers.com/clip/52301272/abel-mcgilberry/

https://www.newspapers.com/clip/52301003/abel-mcgilberry/

https://www.newspapers.com/clip/52301067/abel-mcgilberry/

https://www.newspapers.com/clip/52301142/abel-mcgilberry/

https://www.newspapers.com/clip/52301100/abel-mcgilberry/

https://www.newspapers.com/clip/52301160/abel-mcgilberry/


Abel had been married several times, his first wife died. He also had 3 children.

Spouse & Children
Kate McCurtain (Married 1892 in Kinta, Choctaw Nation, Indian Territory (OK)
1868–1895

Charles Watson McGilberry
1893–1960

Spouse & Children
Nora Isabel Kelton (Married 2 Oct 1898 in Arkansas)
1882–1966

Pearl Elizabeth McGilberry
1899–1999
Simpson J McGilberry
1901–1985

Spouse
Lula Sadler (Married 21 Mar 1913 in Pittsburg, OK)
1886–

Spouse
Rittie E Hurst (Married 20 Sep 1917 in Pittsburg, OK)

1877–



Here's a story I found about his son Charles, link below for source and pages posted after link.

https://www.choctawnation.com/sites/default/files/import/June_Iti_Fabvssa.pdf

This was a sad case, unfortunately innocent men's lives were destroyed along with their families. Charles wasn't going to let it beat him down and education was the key and knew it. I bet his father was extremely proud of him.

Abel was released 4 May 1910 and would live another 10 years dying in 1922 in Haskell County, OK. 

Here are a few more Leavenworth records:

Here's Abel's Memorial on Find a Grave

https://www.findagrave.com/memorial/15935092/abel-mcgilberry


He was buried in Sulphur Cemetery in 
Hartshorne, Pittsburg County, Oklahoma.

I found an interestingly wonderful fact about Abel's father Charles, he was in the Civil War, here is the record. He fought for the South.

Name: Charles Mcgilberry
Muster Age: 29
Birth Year: abt 1832
Enlistment Date: 13 May 1861
Enlistment Place: Skullyville
Muster Date: 26 Jul 1861
Muster Place: Buck Creek Camp
Military Unit: First Choctaw and Chickasaw Mounted Rifles

Rank: Corporal

A true Patriot

Here's a link to read about the Choctaw in the Civil War.

https://en.wikipedia.org/wiki/Choctaw_in_the_American_Civil_War