Killers of the Flower Moon: Oil, Money, Murder and the Birth of the FBI

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For my mom and dad

CONTENTS

CHRONICLE ONE: THE MARKED WOMAN

1  The Vanishing

2  An Act of God or Man?

3  King of the Osage Hills

4  Underground Reservation

5  The Devil’s Disciples

6  Million Dollar Elm

7  This Thing of Darkness

CHRONICLE TWO: THE EVIDENCE MAN

8  Department of Easy Virtue

9  The Undercover Cowboys

10  Eliminating the Impossible

11  The Third Man

12  A Wilderness of Mirrors

13  A Hangman’s Son

14  Dying Words

15  The Hidden Face

16  For the Betterment of the Bureau

17  The Quick-Draw Artist, the Yegg, and the Soup Man

18  The State of the Game

19  A Traitor to His Blood

20  So Help You God!

21  The Hot House

CHRONICLE THREE: THE REPORTER

22  Ghostlands

23  A Case Not Closed

24  Standing in Two Worlds

25  The Lost Manuscript

26  Blood Cries Out

ACKNOWLEDGMENTS

A Note on the Sources

ARCHIVAL and Unpublished Sources

NOTES

SELECTED Bibliography

CHRONICLE ONE

THE MARKED WOMAN

There had been no evil to mar that propitious night, because she had listened; there had been no voice of evil; no screech owl had quaveringly disturbed the stillness. She knew this because she had listened all night.

—John Joseph Mathews, Sundown

1       THE VANISHING

In April, millions of tiny flowers spread over the blackjack hills and vast prairies in the Osage territory of Oklahoma. There are Johnny-jump-ups and spring beauties and little bluets. The Osage writer John Joseph Mathews observed that the galaxy of petals makes it look as if the gods had left confetti. In May, when coyotes howl beneath an unnervingly large moon, taller plants, such as spiderworts and black-eyed Susans, begin to creep over the tinier blooms, stealing their light and water. The necks of the smaller flowers break and their petals flutter away, and before long they are buried underground. This is why the Osage Indians refer to May as the time of the flower-killing moon.

On May 24, 1921, Mollie Burkhart, a resident of the Osage settlement town of Gray Horse, Oklahoma, began to fear that something had happened to one of her three sisters, Anna Brown. Thirty-four, and less than a year older than Mollie, Anna had disappeared three days earlier. She had often gone on sprees, as her family disparagingly called them: dancing and drinking with friends until dawn. But this time one night had passed, and then another, and Anna had not shown up on Mollie’s front stoop as she usually did, with her long black hair slightly frayed and her dark eyes shining like glass. When Anna came inside, she liked to slip off her shoes, and Mollie missed the comforting sound of her moving, unhurried, through the house. Instead, there was a silence as still as the plains.

Mollie had already lost her sister Minnie nearly three years earlier. Her death had come with shocking speed, and though doctors had attributed it to a peculiar wasting illness, Mollie harbored doubts: Minnie had been only twenty-seven and had always been in perfect health.

Like their parents, Mollie and her sisters had their names inscribed on the Osage Roll, which meant that they were among the registered members of the tribe. It also meant that they possessed a fortune. In the early 1870s, the Osage had been driven from their lands in Kansas onto a rocky, presumably worthless reservation in northeastern Oklahoma, only to discover, decades later, that this land was sitting above some of the largest oil deposits in the United States. To obtain that oil, prospectors had to pay the Osage for leases and royalties. In the early twentieth century, each person on the tribal roll began receiving a quarterly check. The amount was initially for only a few dollars, but over time, as more oil was tapped, the dividends grew into the hundreds, then the thousands. And virtually every year the payments increased, like the prairie creeks that joined to form the wide, muddy Cimarron, until the tribe members had collectively accumulated millions and millions of dollars. (In 1923 alone, the tribe took in more than $30 million, the equivalent today of more than $400 million.) The Osage were considered the wealthiest people per capita in the world. Lo and behold! the New York weekly Outlook exclaimed. The Indian, instead of starving to death . . . enjoys a steady income that turns bankers green with envy.

The public had become transfixed by the tribe’s prosperity, which belied the images of American Indians that could be traced back to the brutal first contact with whites—the original sin from which the country was born. Reporters tantalized their readers with stories about the plutocratic Osage and the red millionaires, with their brick-and-terra-cotta mansions and chandeliers, with their diamond rings and fur coats and chauffeured cars. One writer marveled at Osage girls who attended the best boarding schools and wore sumptuous French clothing, as if "une très jolie demoiselle of the Paris boulevards had inadvertently strayed into this little reservation town."

At the same time, reporters seized upon any signs of the traditional Osage way of life, which seemed to stir in the public’s mind visions of wild Indians. One article noted a "circle of expensive automobiles surrounding an open campfire, where the bronzed and brightly blanketed owners are cooking meat in the primitive style. Another documented a party of Osage arriving at a ceremony for their dances in a private airplane—a scene that outrivals the ability of the fictionist to portray." Summing up the public’s attitude toward the Osage, the Washington Star said, That lament, ‘Lo the poor Indian,’ might appropriately be revised to, ‘Ho, the rich redskin.’

Gray Horse was one of the reservation’s older settlements. These outposts—including Fairfax, a larger, neighboring town of nearly fifteen hundred people, and Pawhuska, the Osage capital, with a population of more than six thousand—seemed like fevered visions. The streets clamored with cowboys, fortune seekers, bootleggers, soothsayers, medicine men, outlaws, U.S. marshals, New York financiers, and oil magnates. Automobiles sped along paved horse trails, the smell of fuel overwhelming the scent of the prairies. Juries of crows peered down from telephone wires. There were restaurants, advertised as cafés, and opera houses and polo grounds.

Although Mollie didn’t spend as lavishly as some of her neighbors did, she had built a beautiful, rambling wooden house in Gray Horse near her family’s old lodge of lashed poles, woven mats, and bark. She owned several cars and had a staff of servants—the Indians’ pot-lickers, as many settlers derided these migrant workers. The servants were often black or Mexican, and in the early 1920s a visitor to the reservation expressed contempt at the sight of even whites performing all the menial tasks about the house to which no Osage will stoop.

Mollie was one of the last people to see Anna before she vanished. That day, May 21, Mollie had risen close to dawn, a habit ingrained from when her father used to pray every morning to the sun. She was accustomed to the chorus of meadowlarks and sandpipers and prairie chickens, now overlaid with the pock-pocking of drills pounding the earth. Unlike many of her friends, who shunned Osage clothing, Mollie wrapped an Indian blanket around her shoulders. She also didn’t style her hair in a flapper bob, but instead let her long, black hair flow over her back, revealing her striking face, with its high cheekbones and big brown eyes.

Her husband, Ernest Burkhart, rose with her. A twenty-eight-year-old white man, he had the stock handsomeness of an extra in a Western picture show: short brown hair, slate-blue eyes, square chin. Only his nose disturbed the portrait; it looked as if it had taken a barroom punch or two. Growing up in Texas, the son of a poor cotton farmer, he’d been enchanted by tales of the Osage Hills—that vestige of the American frontier where cowboys and Indians were said to still roam. In 1912, at nineteen, he’d packed a bag, like Huck Finn lighting out for the Territory, and gone to live with his uncle, a domineering cattleman named William K. Hale, in Fairfax. "He was not the kind of a man to ask you to do something—he told you," Ernest once said of Hale, who became his surrogate father. Though Ernest mostly ran errands for Hale, he sometimes worked as a livery driver, which is how he met Mollie, chauffeuring her around town.

Ernest had a tendency to drink moonshine and play Indian stud poker with men of ill repute, but beneath his roughness there seemed to be a tenderness and a trace of insecurity, and Mollie fell in love with him. Born a speaker of Osage, Mollie had learned some English in school; nevertheless, Ernest studied her native language until he could talk with her in it. She suffered from diabetes, and he cared for her when her joints ached and her stomach burned with hunger. After he heard that another man had affections for her, he muttered that he couldn’t live without her.

  Mollie Burkhart

  Ernest Burkhart

It wasn’t easy for them to marry. Ernest’s roughneck friends ridiculed him for being a squaw man. And though Mollie’s three sisters had wed white men, she felt a responsibility to have an arranged Osage marriage, the way her parents had. Still, Mollie, whose family practiced a mixture of Osage and Catholic beliefs, couldn’t understand why God would let her find love, only to then take it away from her. So, in 1917, she and Ernest exchanged rings, vowing to love each other till eternity.

By 1921, they had a daughter, Elizabeth, who was two years old, and a son, James, who was eight months old and nicknamed Cowboy. Mollie also tended to her aging mother, Lizzie, who had moved in to the house after Mollie’s father passed away. Because of Mollie’s diabetes, Lizzie once feared that she would die young, and beseeched her other children to take care of her. In truth, Mollie was the one who looked after all of them.

May 21 was supposed to be a delightful day for Mollie. She liked to entertain guests and was hosting a small luncheon. After getting dressed, she fed the children. Cowboy often had terrible earaches, and she’d blow in his ears until he stopped crying. Mollie kept her home in meticulous order, and she issued instructions to her servants as the house stirred, everyone bustling about—except Lizzie, who’d fallen ill and stayed in bed. Mollie asked Ernest to ring Anna and see if she’d come over to help tend to Lizzie for a change. Anna, as the oldest child in the family, held a special status in their mother’s eyes, and even though Mollie took care of Lizzie, Anna, in spite of her tempestuousness, was the one her mother spoiled.

When Ernest told Anna that her mama needed her, she promised to take a taxi straight there, and she arrived shortly afterward, dressed in bright red shoes, a skirt, and a matching Indian blanket; in her hand was an alligator purse. Before entering, she’d hastily combed her windblown hair and powdered her face. Mollie noticed, however, that her gait was unsteady, her words slurred. Anna was drunk.

  Mollie (right) with her sisters Anna (center) and Minnie

Mollie couldn’t hide her displeasure. Some of the guests had already arrived. Among them were two of Ernest’s brothers, Bryan and Horace Burkhart, who, lured by black gold, had moved to Osage County, often assisting Hale on his ranch. One of Ernest’s aunts, who spewed racist notions about Indians, was also visiting, and the last thing Mollie needed was for Anna to stir up the old goat.

Anna slipped off her shoes and began to make a scene. She took a flask from her bag and opened it, releasing the pungent smell of bootleg whiskey. Insisting that she needed to drain the flask before the authorities caught her—it was a year into nationwide Prohibition—she offered the guests a swig of what she called the best white mule.

Mollie knew that Anna had been very troubled of late. She’d recently divorced her husband, a settler named Oda Brown, who owned a livery business. Since then, she’d spent more and more time in the reservation’s tumultuous boomtowns, which had sprung up to house and entertain oil workers—towns like Whizbang, where, it was said, people whizzed all day and banged all night. "All the forces of dissipation and evil are here found, a U.S. government official reported. Gambling, drinking, adultery, lying, thieving, murdering. Anna had become entranced by the places at the dark ends of the streets: the establishments that seemed proper on the exterior but contained hidden rooms filled with glittering bottles of moonshine. One of Anna’s servants later told the authorities that Anna was someone who drank a lot of whiskey and had very loose morals with white men."

At Mollie’s house, Anna began to flirt with Ernest’s younger brother, Bryan, whom she’d sometimes dated. He was more brooding than Ernest and had inscrutable yellow-flecked eyes and thinning hair that he wore slicked back. A lawman who knew him described him as a little roustabout. When Bryan asked one of the servants at the luncheon if she’d go to a dance with him that night, Anna said that if he fooled around with another woman, she’d kill him.

Meanwhile, Ernest’s aunt was muttering, loud enough for all to hear, about how mortified she was that her nephew had married a redskin. It was easy for Mollie to subtly strike back because one of the servants attending to the aunt was white—a blunt reminder of the town’s social order.

Anna continued raising Cain. She fought with the guests, fought with her mother, fought with Mollie. "She was drinking and quarreling, a servant later told authorities. I couldn’t understand her language, but they were quarreling. The servant added, They had an awful time with Anna, and I was afraid."

That evening, Mollie planned to look after her mother, while Ernest took the guests into Fairfax, five miles to the northwest, to meet Hale and see Bringing Up Father, a touring musical about a poor Irish immigrant who wins a million-dollar sweepstakes and struggles to assimilate into high society. Bryan, who’d put on a cowboy hat, his catlike eyes peering out from under the brim, offered to drop Anna off at her house.

Before they left, Mollie washed Anna’s clothes, gave her some food to eat, and made sure that she’d sobered up enough that Mollie could glimpse her sister as her usual self, bright and charming. They lingered together, sharing a moment of calm and reconciliation. Then Anna said good-bye, a gold filling flashing through her smile.

With each passing night, Mollie grew more anxious. Bryan insisted that he’d taken Anna straight home and dropped her off before heading to the show. After the third night, Mollie, in her quiet but forceful way, pressed everyone into action. She dispatched Ernest to check on Anna’s house. Ernest jiggled the knob to her front door—it was locked. From the window, the rooms inside appeared dark and deserted.

Ernest stood there alone in the heat. A few days earlier, a cool rain shower had dusted the earth, but afterward the sun’s rays beat down mercilessly through the blackjack trees. This time of year, heat blurred the prairies and made the tall grass creak underfoot. In the distance, through the shimmering light, one could see the skeletal frames of derricks.

Anna’s head servant, who lived next door, came out, and Ernest asked her, "Do you know where Anna is?"

Before the shower, the servant said, she’d stopped by Anna’s house to close any open windows. "I thought the rain would blow in," she explained. But the door was locked, and there was no sign of Anna. She was gone.

News of her absence coursed through the boomtowns, traveling from porch to porch, from store to store. Fueling the unease were reports that another Osage, Charles Whitehorn, had vanished a week before Anna had. Genial and witty, the thirty-year-old Whitehorn was married to a woman who was part white, part Cheyenne. A local newspaper noted that he was popular among both the whites and the members of his own tribe. On May 14, he’d left his home, in the southwestern part of the reservation, for Pawhuska. He never returned.

Still, there was reason for Mollie not to panic. It was conceivable that Anna had slipped out after Bryan had dropped her off and headed to Oklahoma City or across the border to incandescent Kansas City. Perhaps she was dancing in one of those jazz clubs she liked to visit, oblivious of the chaos she’d left trailing in her wake. And even if Anna had run into trouble, she knew how to protect herself: she often carried a small pistol in her alligator purse. She’ll be back home soon, Ernest reassured Mollie.

A week after Anna disappeared, an oil worker was on a hill a mile north of downtown Pawhuska when he noticed something poking out of the brush near the base of a derrick. The worker came closer. It was a rotting corpse; between the eyes were two bullet holes. The victim had been shot, execution-style.

It was hot and wet and loud on the hillside. Drills shook the earth as they bore through the limestone sediment; derricks swung their large clawing arms back and forth. Other people gathered around the body, which was so badly decomposed that it was impossible to identify. One of the pockets held a letter. Someone pulled it out, straightening the paper, and read it. The letter was addressed to Charles Whitehorn, and that’s how they first knew it was him.

Around the same time, a man was squirrel hunting by Three Mile Creek, near Fairfax, with his teenage son and a friend. While the two men were getting a drink of water from a creek, the boy spotted a squirrel and pulled the trigger. There was a burst of heat and light, and the boy watched as the squirrel was hit and began to tumble lifelessly over the edge of a ravine. He chased after it, making his way down a steep wooded slope and into a gulch where the air was thicker and where he could hear the murmuring of the creek. He found the squirrel and picked it up. Then he screamed, Oh Papa! By the time his father reached him, the boy had crawled onto a rock. He gestured toward the mossy edge of the creek and said, A dead person.

There was the bloated and decomposing body of what appeared to be an American Indian woman: she was on her back, with her hair twisted in the mud and her vacant eyes facing the sky. Worms were eating at the corpse.

The men and the boy hurried out of the ravine and raced on their horse-drawn wagon through the prairie, dust swirling around them. When they reached Fairfax’s main street, they couldn’t find any lawmen, so they stopped at the Big Hill Trading Company, a large general store that had an undertaking business as well. They told the proprietor, Scott Mathis, what had happened, and he alerted his undertaker, who went with several men to the creek. There they rolled the body onto a wagon seat and, with a rope, dragged it to the top of the ravine, then laid it inside a wooden box, in the shade of a blackjack tree. When the undertaker covered the bloated corpse with salt and ice, it began to shrink as if the last bit of life were leaking out. The undertaker tried to determine if the woman was Anna Brown, whom he’d known. "The body was decomposed and swollen almost to the point of bursting and very malodorous, he later recalled, adding, It was as black as a nigger."

He and the other men couldn’t make an identification. But Mathis, who managed Anna’s financial affairs, contacted Mollie, and she led a grim procession toward the creek that included Ernest, Bryan, Mollie’s sister Rita, and Rita’s husband, Bill Smith. Many who knew Anna followed them, along with the morbidly curious. Kelsie Morrison, one of the county’s most notorious bootleggers and dope peddlers, came with his Osage wife.

Mollie and Rita arrived and stepped close to the body. The stench was overwhelming. Vultures circled obscenely in the sky. It was hard for Mollie and Rita to discern if the face was Anna’s—there was virtually nothing left of it—but they recognized her Indian blanket and the clothes that Mollie had washed for her. Then Rita’s husband, Bill, took a stick and pried open her mouth, and they could see Anna’s gold fillings. "That is sure enough Anna," Bill said.

Rita began to weep, and her husband led her away. Eventually, Mollie mouthed the word yes—it was Anna. Mollie was the one in the family who always maintained her composure, and she now retreated from the creek with Ernest, leaving behind the first hint of the darkness that threatened to destroy not only her family but her tribe.

2       AN ACT OF GOD OR MAN?

A coroner’s inquest, composed of jurors and led by a justice of the peace, was hastily convened at the ravine. Inquests were a remnant of a time when ordinary citizens largely assumed the burden of investigating crimes and maintaining order. For years after the American Revolution, the public opposed the creation of police departments, fearing that they would become forces of repression. Instead, citizens responded to a hue and cry by chasing after suspects. Benjamin N. Cardozo, the future Supreme Court justice, once noted that these pursuits were made not faintly and with lagging steps, but honestly and bravely and with whatever implements and facilities are convenient and at hand.

Only in the mid-nineteenth century, after the growth of industrial cities and a rash of urban riots—after dread of the so-called dangerous classes surpassed dread of the state—did police departments emerge in the United States. By the time of Anna’s death, the informal system of citizen policing had been displaced, but vestiges of it remained, especially in places that still seemed to exist on the periphery of geography and history.

The justice of the peace selected the jurors from among the white men at the ravine, including Mathis. They were charged with determining whether Anna had died by an act of God or man, and if it had been a felony, then they were tasked with trying to identify the principals and the accessories to the crime. Two doctors, the brothers James and David Shoun, who cared for Mollie’s family, had been summoned to perform an autopsy. Leaning over the body, with members of the inquest huddled around them, they began to diagnose the dead.

Each corpse tells its own story. A fractured hyoid—a bone in the neck that supports the tongue—can indicate that a person has been strangled. Marks on the neck can further reveal whether the killer used his bare hands or a cord. Even a victim’s torn fingernail can speak of a fateful struggle. An influential nineteenth-century manual on medical jurisprudence cited the saying "A medical man, when he sees a dead body, should notice everything."

The Shoun brothers set up a plank as a makeshift table. From a medical bag, they removed a few primitive instruments, including a saw. The heat slithered into the shade. Flies swarmed. The doctors examined the clothes Anna wore—her bloomers, her skirt—searching for unusual tears or stains. Finding nothing, they tried to determine the time of death. This is more difficult than generally presumed, particularly after a person has been dead for several days. In the nineteenth century, scientists believed that they had solved the riddle by studying the phases a body passes through after death: the stiffening of the limbs (rigor mortis), the corpse’s changing temperature (algor mortis), and the discoloring of the skin from stagnant blood (livor mortis). But pathologists soon realized that too many variables—from the humidity in the air to the type of clothing on the corpse—affect the rate of decomposition to allow a precise calculation. Still, a rough estimate of the time of death can be made, and the Shouns determined that Anna had been deceased between five and seven days.

  The ravine where Anna Brown’s body was found

The doctors shifted Anna’s head slightly in the wooden box. Part of her scalp slipped off, revealing a perfectly round hole in the back of her skull. She’s been shot! one of the Shouns exclaimed.

There was a stirring among the men. Looking closer, they saw that the hole’s circumference was barely that of a pencil. Mathis thought that a .32-caliber bullet had caused the wound. As the men traced the path of the bullet—it had entered just below the crown, on a downward trajectory—there was no longer any doubt: Anna’s death had been cold-blooded murder.

Lawmen were then still largely amateurs. They rarely attended training academies or steeped themselves in the emerging scientific methods of detection, such as the analysis of fingerprints and blood patterns. Frontier lawmen, in particular, were primarily gunfighters and trackers; they were expected to deter crimes and to apprehend a known gunman alive if possible, dead if necessary. "An officer was then literally the law and nothing but his judgment and his trigger finger stood between him and extermination," the Tulsa Daily World said in 1928, after the death of a veteran lawman who’d worked in the Osage territory. It was often a case of a lone man against a pack of cunning devils. Because these enforcers received pitiful salaries and were prized for being quick draws, it’s not surprising that the boundary between good lawmen and bad lawmen was porous. The leader of the Dalton Gang, an infamous nineteenth-century band of outlaws, once served as the main lawman on the Osage reservation.

At the time of Anna’s murder, the Osage County sheriff, who carried the bulk of responsibility for maintaining law and order in the area, was a fifty-eight-year-old, three-hundred-pound frontiersman named Harve M. Freas. A 1916 book about the history of Oklahoma described Freas as a "terror to evil doers. But there were also murmurings that he was cozy with criminal elements—that he gave free rein to gamblers and to bootleggers like Kelsie Morrison and Henry Grammer, a rodeo champion who had once served time for murder and who controlled the local distribution of moonshine. One of Grammer’s workers later admitted to authorities, I had the assurance that if I was ever arrested . . . I would be turned out in five minutes. A group of citizens from Osage County had previously issued a resolution—on behalf of religion, law enforcement, home decency and morality—stating, That the people who believe a sworn officer of the Law should enforce the Law are hereby urged to see or write Sheriff Freas, at once, and urge upon him to do his sworn duty."

When Sheriff Freas was informed about Anna’s murder, he was already preoccupied with