Bugher exonerated in preliminary hearing

— Sequoyah County Democrat, Feb. 29, 1924

From the files of Your Sequoyah County Times

25 Years Ago

(From the March 4, 1999, issue of the Sequoyah County Times) —Vian residents approved a one-cent sales tax by a vote of 91 (53.85 percent) to 78 (46.15 percent). The tax will be used to build a new waste water treatment plant for the town, Mayor Robert Morris said. Without a sales tax, Vian residents’ water and sewer rates would have increased significantly, he said.

The town has grappled with the issue of how to fund the project for many years, Morris said.

—Ross Breeders, which operates a chicken hatchery in Sallisaw, was sold in December, and company officials said the Sallisaw hatchery “continues to be a showplace for both domestic and international Sandi Hoffman, business development manager for the company, said Ross Breeders was bought by BC Partners which paid Hillsdown Holdings, PLC, $165 million for Ross Breeders Inc. and its sister companies. Both BC Partners and Hillsdown Holdings are based in the United Kingdom.

50 Years Ago

(From the Feb. 26, 1974, issue of the Sequoyah County Times) —Two actual break-ins and two burglary attempts were reported in Vian overnight Monday, as a rash of such incidents continues to occur in that county community and around the area.

Deputy Sheriff Albert Hammett, deputy for the western part of Sequoyah County said robbers gained entry to the Vian IGA store and Ross’ Grocery sometime Monday night or early Tuesday morning.

At the Ross Grocery, the robbers apparently the same ones, gained entry by prying the top off of a duct system and dropping into the building.

Waymond Ross, manager of the store, said only $4 or $5 in cash was taken from his store and a large butcher knife was also missing.

75 Years Ago

(From the March 4, 1949, issue of the Sequoyah County Times) —An initiative petition bearing 212,231 signatures calling for an election on repeal of Oklahoma’s bone-dry prohibition law as filed in Secretary of State Wilburn Cartwright’s office Wednesday.

The petition was filed at exactly 4 p.m. at the same time in the Senate, Sen. Keith Cartwright of Durant, introduced a resolution calling for a special election for repeal.

His resolution copied the petition except for an addition that open saloons should be forever forbidden in Oklahoma. The resolution sets aside $85,000 for a special election, the time to be decided by the legislature.

—W.R. “Buck” Wheeler of Wheeler-Stevenson announced today that he is going to open a flower shop in conjunction with his other business.

He will handle a complete floral line of cut flowers and corsages and will handle potted flowers on special order.

100 years ago

(From the Feb. 29, 1924, issue of the Sequoyah County Democrat) —E.B. Bugher, owner and manager of the Wonderland Theater of this city was exonerated and discharged on Wednesday of this week in the justice court, on the formal charge of murder which had been lodged against him. Evidence produced showed conclusively that it was a case of self-defense and that Mr. Bugher shot Benson only after knowing that it was a case of defense of his own life from attack by a drunken intruder.

The killing occurred on Monday evening immediately in front of the Wonderland Theater, at about 9:15 o’clock, and during the progress of the show. Quite a large crowd of theater patrons were in attendance and quietly watching the picture when a series of shots were heard, throwing the audience into a near panic. Someone cried “fire” and a rush was begun to the stage and many turned to the rear entrances, but in a moment it was seen that the room was not on fire and the crowd became quiet.

Investigation developed the fact that E.B. Bugher, proprietor of the theater, had been forced to shoot Tom B. Benson, local blacksmith in self-defense of his own life and in protection of those within the theater. Benson had earlier in the day become intoxicated and beaten his wife unmercifully and had come to the theater presumably in search of her with a gun in hand and in the belief that she was inside.

Bugher could plainly see the gun and realized that it would be foolhardy to attempt to defend himself with no weapon of any kind and with the thought that he might bluff Benson and get him to leave without serious trouble, stated that if he (Benson) wished to shoot it out that he would go home, a block away, and secured his gun. Returning on the opposite side of the street and crossing immediately in front of the post office.

Benson circled to a point almost directly in front of the ticket window and fired the last shot in his gun and Bugher emptied his gun about the same time. Bugher received no wounds whatever, but Benson was shot in the left shoulder and the fatal bullet entered just below the right breast and emerged on the left side just above the hip bone, the bullet penetrating the liver and causing death in about two hours.

Chief of Police J.C. Woll and Night Policeman Perry Chuculate were on their way to the theater at that moment to arrest Benson and had hardly reached the post office when the shooting began. It is believed that Benson had seen the officers approaching for he turned and fired one shot directly toward them. The bullet struck an ash can standing in front of the Security State Bank. Chuculate then fired one shot in return but seeing that the gun fight was between Benson and Bugher at close range, ceased his fire. The two offices rushed to the theater and took Benson in charge at once and to the county jail where it was found that he was fatally shot and could live but a short time.

Benson is a well-known character hearabout. He has lived in Sequoyah County for a long time. Back in 1907, he murdered Cal Bruton with a blacksmith hammer and escaped. He was captured in Kansas City, Mo., by John E. Johnston, present sheriff, who was then serving his first term and was returned to this city where he stood trial and was sent to the penitentiary.

He returned to Sallisaw soon after his release and had conducted the blacksmith shop in the rear of Mayo’s store ever since, but all of the time has proved troublesome to the peace officers and serious trouble has been predicted for months. He drank heavily in recent months and has been jailed more than once. He has threatened the lives of city officers as well as the county officers.

The action of the county attorney is commended by all who know the details of the case and facts surrounding and a perusal of the evidence will convince anyone of the rightfulness and justice in making such a recommendation to the court.