This is one of the more violent and tragic cases included in the Territorial Records collection–the death and alleged murder of a Choctaw prisoner. The name of the Native American victim is unknown as are the exact circumstances of his death and whether there was any excuse or justification for the alleged murder. All that is known is based on the information of Lieutenant William B. Summers. It was he who went to the authorities after the incident occurred in the summer of 1828 in Arkansas County.

According to Lt. William Summers, on May 30, 1828, he had been ordered by Colonel Eli J. Lewis, a justice of the peace, to place a Choctaw Indian prisoner (his crime is unknown, if he even committed one at all) under the care and guard of Richmond Peeler and Francis Laforgue. He did so, leaving the Choctaw in jail and giving the key to his cell lock to Peeler and Laforgue. It is unclear what occurred after Summers left the scene, but the Indian was murdered late that night after being stuck in the head with a blunt object.

After being wounded by Peeler and Laforge, the Indian lived six hours, but died on May 31, 1828. Summers went to the Justice of the Peace of Arkansas County and swore an affidavit stating the circumstances of the death. Eli J. Lewis issued a warrant for the arrest of Peeler and Laforgue. A.B.K. Thetford, the sheriff of Arkansas County, served the warrant on Peeler and Laforgue and had them present at the court when he was instructed. Daniel Ringo, the deputy clerk of the Superior Court, attested to the service. The warrant was founded on the information given under oath by Lt. Summers to Lewis. Three witnesses – William B. Summers, John Moore and Rebecca Wells – entered into a recognizance bond promising to appear before the court to testify against the defendants at the October Term. The recognizance was in the amount of $300 apiece. William B. Summers was also the prosecutor in the case and Lewis took their bonds.

On June 3, 1828, a habeas corpus issued from the court. With this order, Samuel Hall commanded Thetford to take Laforgue and Peeler into custody until and have them at the court house in Arkansas County. It came to Thetford's hand on June 3 and he had both Peeler and Laforgue in court like he was told and he also returned the affidavit of Summers, the warrant by Lewis and the warrant of commitment by Lewis which showed the day and cause of the his being taken and detained. This was in Arkansas Township in Arkansas County. Eli J. Lewis, the clerk of the circuit court, certified that the order was accurate on October 4, 1828.

Also on June 3, at the Circuit Court in the Village of Arkansas, with Samuel S. Hall, presiding judge of the fourth Judicial circuit. The prisoners were brought before the court on a writ of habeas corpus and the warrant of commitment. The court ordered that the prisoners be admitted to bail on their entering into a recognizance with good securities in the sum of $1000 each. The bonds were filed and attested to by Daniel Ringo. The official recognizance bonds entered by Laforgue lists Laforgue as the principal, Pierre Peno, Augustine Peno, Manuel Pertuis, Robert Aljor and Bartley Harrington as the securities in the sum of $1000. The sum was to be levied of their lands, chattels, etc if they failed to appear at the October Term at Little Rock to answer the indictment to be proffered to the grand jury against Laforgue for the murder of the Indian. The bond was taken, signed, delivered acknowledge and approved by Samuel Hall. The recognizance bond for Peeler is exactly the same except his securities were Hewes Scull, Bartley Harrington, John Maxwell, Robert M. Tarlton and Terrence Farrelly.

On October 17, 1828, the grand Jury returned a true bill against Richmond Peeler and Francis Laforge for murder. A.W. Cotten was the foreman of the grand jury. The true bill stated that the defendants "not having the fear of God before their eyes but being moved and seduced by the instigation of the Devel" feloniously and maliciously assaulted the nameless Indian and struck him on top of the head with an unknown instrument inflicting a "mortal wound of the breadth of one inch and of the depth of five inches." It seems that Peeler was the one who actually struck the Indian in the head, and that Laforgue was an accomplice in that he was present "aiding helping abetting comforting assisting and maintaining" Peeler. They were both indicted for murder.

On motion of the prosecuting attorney pro tem, Thomas Hubbard, it was ordered that a capias issue in the above case returnable forthwith. The indictment was founded on the testimony of William B. Summers, John Moore, and John Larkey who were called by the foreman to appear before the grand jury. David E. McKinney, the clerk of the Superior Court issued a capias to the Sheriff of Pulaski County ordering him to take Peeler and Laforgue into his custody and keep them until they could appear at Superior Court in Little Rock on the fifth day of the October term to answer to the indictment against them. The capias came to the deputy sheriff, William Atchison, the next day and he executed it by taking them into custody on October 20, 1828.

On October 21, 1828, the prosecutor, with the assent of the court, stated that he was not willing further to prosecute the defendants on the indictment. Therefore, on his motion, it was ordered that the defendants be discharged. There is no further mention of this case in the records.

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