[5] William Rathmell's 1892 book Life of the Marlows detailed the history of the brothers' escapades and set a narrative for the city's legacy.
Dr. Williamson Marlow and his wife, Martha Jane, a relative of Daniel Boone, first established a homestead in this area during the early 1880s.
Somewhat of a nomad by nature, Dr. Marlow provided medical treatment to the many settlers in this portion of Indian Territory and to many cowboys driving cattle up the Chisholm Trail.
He also farmed while his sons reportedly herded horses, selling many of the animals to the U.S. Army located at neighboring Fort Sill.
Four of the brothers (Charlie, Alfred, Boone and Lewellyn) were arrested and transported by a U.S. Deputy Marshall to the Federal Court in Graham, Texas, for trial.
When the group reached Dry Creek outside of Graham, a signal was given and a hidden mob opened fire on the seemingly defenseless Marlows.
George and Charlie Marlow survived the attack, eventually moving their families to Colorado where they became outstanding citizens, serving as law enforcement officers.
[6] From the end of the Reconstruction era until the mid 20th century, municipalities in different parts of the country enacted Jim Crow laws, which heavily restricted the rights of Black people.
[10] Campbell testified that he was heading to the hotel's dining room and heard four shots in total but saw no weapon in Berch's hand or any person who fired a gun.
[10] Dr. Richards, a witness to the scene, testified that he saw Berch on the lobby floor succumbing to his wounds: "Birch[b] was dying, he only breathed a few more times after I got there and I saw I ocould do nothing for him and tried to do something for the nigger.
[10] He claimed that "one of the bullets struck the negro just above the right breast nipple and lodged in the intestines, probably striking a rib and being deflected downward into the stomach....
"[10] According to a contemporary report by The Duncan Banner, "there had been trouble previous to the killing and that the negro had been warned by the defendants to leave the city.
"[10] Kincannon, allegedly the only member of the mob to brandish firearms, left the scene in an automobile with his companions after the shooting and could not be located by police.
[10][15] A preliminary hearing on January 2, 1924, before County Judge Eugene Rice included Marvin Kincannon, Elza Gandy, Bryon Wright, Fred Stotts, Ollie Lloyd, Homer Thompson, Ellis Spence, and Frank Cain as defendants.
[10] On April 18, 1924, Kincannon appeared at district court for the murder charge of Berch, for which the state initially sought the death penalty according to County Attorney Paul Sullivan.
[9] Gandy, whose father was a Marlow police officer, was also convicted of manslaughter for his role in inciting the mob, attacking Johnigan, and furnishing the firearm that was used in the killings.
[9][16] An appellate court stated that "Gandy was one of the chief instigators of the mob which was formed to run the negro out of town.
[9][25] Marlow is located in northern Stephens County about 29 miles east of Lawton at the intersection of U.S. Route 81 and Oklahoma State Highway 29.