The Democrat-Topic. (Norman, Okla.), Vol. 11, No. 14, Ed. 1 Friday, November 10, 1899 Page: 1 of 6
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VOL. XI.
NORMAN, CLEVELAND COUNTY, OKLAHOMA, FRIDAY, NOVEMBER 10, 1899.
NO. 14
SMITH HELD FOR MURDER.
Preliminary Hearing of the Cotney Murder
Results in the Release of All Suspects
Save Frank Smith.
He Will Go Before the Grand Jury A Confessed Murderer And
Try to Prove His Self Defense Theory=The State Has a
Strong Case Against Him.
The preliminary hearing of Am acquainted with Ed L. Cotney.
Frank Smith, Frank Campbell, Will We were cousins. I saw him on
Klkin and Kitty Melntire, charged the evening of October 28th, about,
with the murder of Ed Cotney at nine o'clock at my father's livery
Lexington two weeks ago, was com- barn. We went from there to a
menccd before Probate Judge saloon. I know Frank Smith, Will
Williams this (Tuesday) morning Elkin and Frank Campbell the
in the district court room. There defendants. Cotney met Elkin at
were about forty witnesses in the the saloon about ten o'clock. They
ease. engaged in a private conversation.
Shortly after his arrest Smith When we left the saloon Elkin was
was taken to Oklahoma City for with us, we went to a Mexican
safe keeping. Sheriff Newblock chilli joint. I dont remember just
left early Tuesday morning for when we went from the chilli joint.
Oklahoma City for the prisoner We walked about town. I last saw
and had not reached Norman at Cotney before his death about 12:30
nine o'clock, the hour set for the in front of Dr. Johnson's drug
hearing. By reason of this, the store. He was with Elkin, I asked
court took a recess until 10:30, at him to go home with me but he
which time it was thought the said he was going to Purcell with
sheriff and the prisoner would Elkin, Cotney was sober at tint
reach Norman. time. Elkin might have been a
At eleven o'clock Smith was 'il^lL' intoxicated. Cotney did not
brought into court by Sheriff New- ( m(jC^ Smith while I was with him
block. Shortly after he had taken
a seal, his father advanced, shook
hands with his son, the prisoner.
They engaged in conversation a
few moments when the father
withdrew. Smith appeared worried.
He was restless, looked pale and
After 1 left them at Johnson's drug
store, I next saw Cotney when he
was dead. He was lying on his
back near the east end of the bridge
across the Canadian river between
Lexington and Purcell. The road
was very muddy, leading from
seemed to realize the position he lexington to the bridge
was m.
The defendants were represented
by Col J. W. Johnson, J. W.
Hocker, of Purcell, and Andy
Hutchin of Lexington. Prosecut-
ing Attorney Nicodemus was as
sisted in the prosecution by Judge
Frank P, Cease of Lexington.
After the witnesses for both prose-
cution and defense were sworn,
both sides announced ready for
trial.
Before proceeding further with
the case, Prosecuting Attorney
Nicodeuius stated to the court that
investigating the matter he would
recommend that Kitty Melntire be
discharged.
T, W. CAMPBELL.
T. W. Campbell was the first
witness called for the prosecution.
He said: <kl live at Lexington
joiix bowe.
<4I live at Lexington and have
lived there for two years. I knew
Ed Cotney. I rvmember when Cot-
ney was killed. I saw him on the
night he was killed. It was about
8:00 o'clock. He- was at Mr. Camp-
be Is's livery barn. I next saw him
at Hayes & Baud'y saloon about 10
o'clock; \\ ill Elkin was with him.
They were standing at the bar. I
saw Citney, Will Elkin, Walter
Freeman and Jim Booker leave the
saloon together, and Cotney was
sober. They said they were going
to a short-order house. I saw he
and Elkin together later. They
were in front of Dr. Johnston's drug
store. Tom Campbell told Ed he
had better go home. Elkin said
that E<j was going to stay all night
with him. I know Frank Smith, bul
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DR. H. J. WHITTIER,
Near Junction, lo West Ninth St., Kansas City, Mo.
BOND REFUSED AND REMANDED TO JAIL
do not reinber seeing he aud Cotney
together that evening.
On cross-examination he said it
was about midnight when he Haw
Cotney in front of Johnston's drug
store.
w. m. freeman.
"I live in Lexington; am a drug
clerk but am not registered. Oetob
er 28th of this year I was clerking
in the People's Drug Store at Lex*
! ington. I knew Ed L. Cotney
Knew him about two weeks. I
know all the defendants. I saw
Mr. Cotney the evening of the kill
ing. lie was in the drug store. He
remained in the store until I closcd-
Up. We went to a restaurant and
then to a saloon. I do not remem-
ber seeing any of the defendants in
there. I did not see Mr. Cotney
with any of the defendants that
night. I was with him three or four
hours. We were in a lunch room
when some trouble arose between
the proprietor and some customer.
Cotney had no hand in it. We then
again went to the drug store and 1
took some whisky. I do not think
Cotney was intoxicated. I have
known Frank Smith for several
years. I sold Smith some drugw a
short time before Cotney was killed.
The drug was chloral hydrates. It
has a stupefying effect and pro
duces sleep. I sold him ten cents
worth. It should be dissolved in
whisky. 1 have talked to Frank
Smith since the killing. It was the
Sunday morning of the killing. He
called me to oue side and told me
he had killed a fellow. I asked
who and he told me. I remarked
'the devil you did,' He asked me
if be was drunk the night he was
killed and I told him he was not.
lie then ask if he was of a quarrel-
some disposition, and told him I did
not think he was."
jamks eaton.
"I have known Frank Smith two
years. I also know Will Elkin and
Frank Campbell. I was not well
very acquainted with Ed Cotney. I
was introduced to him in front of
German saloon the night of the
murder. I next saw him in the
Mexican chilli joint. Frank Smith
and Will Elkin were there. I did
not see any of the three parties
drinking. I saw Frank Campbell
at the saloon that night. Smith
Elkin and Kitty Melntire were
there, too."
On cross examination lie said he
diet-not know where any of the par-
ties went after they left the saloon.
.1. P. 11ANKSTON.
"I live at Lexington and am at
present driving a hack. I know all
the defendants. I did not Ed Cot-
ney during his life time. Never
saw him to know him. I remember
the night a man was killed at
Lexington. It was October 28th.
I saw Frank Smith that night. He
was about sixty feet from the east
end of the bridge. I was going
east. They were going west.
They were going west. Shortly
after I met them I heard some shoot j
ing. As I passed them 1 heard
some talking. Could not catch their
words. In a very short time I
heard three or four shots fired."
On cross examination he said he
was going from Purcell to Lexing-
ton.
WILLIAM TARPLEY.
"I live near Lexington, For the
last two or three weeks I have been
working for Joe Bell Campbell. I
know Ed L. Cotney. Had known
him about a week before he was
killed. I have known Frank
Smith four or live years. I and
Jim Bankston were returning from
Ilurcell the night of the killing.
We met two fellows near the east
end of the bridge. I recognized one
as Ed Cotney and Bankston said
the other was Frank Smith. Just
after we passed them, I heard one
ask the other "What in the 11 — 1 do j
you mean?" After we had gone
one hundred and fifty yards I heard
three or four shots fired."
On cross examination lie said he !
had been in Purcell about two
hours. He had been drinking some
11 hat night but was sober.
j "I ot out of the hack near Little
Satn's' saloon, Jim Booker was
there when I got o ut. He wanted
j to know who was doing the shoot-
ing, I then went to the barn and
went to bed. John Howe came aud
called me up and said a man had
been killed near the bridge,
went there in hack and saw the
eead linn. There several parties
there at that time."
w. M. URY AM.
4tI remember the time a body
was found near the bridge across
the Canadian. I live within forty
yards of the bridge. I heard a shot
which awoke me. I looked out of
window and saw the Hash of two
more shots. I then saw some one
strike a match at the place where
the shooting was done. I heard
no noise whatever after the shoot-
ing, 1 thought I heard a groan
but am certain it was one of the
children."
On cross examination he said he
had never been threatened with
arrest, by reason of the murder.
w. N. trice.
"I live at Purcell. On October,
28th, 1890 I was collecting toll on
the bridge over the Canadian river.
I worked at night, The south
bound train passed at 1:22. Jim
Bankston was the first one to cross
the bridge after the train passed.
I heard some shots fired at the east
end of the bridge about forty
minutes after the train passed. I
know Frank Campbell, one of the
defendants. 1 saw him that night.
I saw Campbell Kitty Melntire and
two men in a hack cross the bridge
about ten minutes before the train
went soii'h. They were going west
from Lexington to Purcell. It was
an hour after the shooting before I
went to the east end ot the bridge.
I went there a few minutes after I
heard there was a man killed.
Frank Smith was the first one to
tell me.
n. e. sharp.
"I live in Lexington. I met Ed
L. Cotney three or iouf tifties: I
know Frank Smith and Will Elkin.
I remember the time Ed Cotney
was killed. It was the 28th of
October. I first heard of the kill-
ing at an early hour Sunday morn-
ing between two and three o'clock.
After we viewed the body, the
question arose how he was killed.
Kobt. Maxwell assisted me in turn-
ing the body on its back. The
body was lying in such a position
that the right arm was lying back
of his body. The left arm was
lying close to his body. The right
bund was closed and left hand was
about * ne half closed. After we
turned the body back to the posi-
tion in which we found it, Pete
Smith remarked; "there is a knife."
It was open. Bob Maxwell handed
me the knife. I yet have it,
(Here the witness exhibited the
knife. It is a common barrow,
blunt blade and is said to be very
dull.)
There was no mud or dirt on
knife I helped prepare the body fcr
burial. There was some mud on
hands. I gave the clothos, worn by
Cotney to the sheriff."
Sheriff II. F. Newblock was
placed on the stand: "Judge Sharp
of Lexington, turned over to me
some clothes worn by Cotney at the
tune he was killed. (Here the
sheriff identified clothes.) Mr.
Sharp was recalled and identified
the clothes as those he had turned
over to Sheritl Newblock. The hat
was produced in court. It has a
heavy indenture in the front as if
made by a blow from a blunt instru-
ment. A bullet hole is exhibited in
the hat. Clothes worn by the Cot-
ney were offered iu evidence. The
shoes worn by Cotney were covered !
with sand and the right knee of the
pants had a small amount of sandy
mud on it.
Mr. Sharp continued: "I had a
a conversation with Frank Smith
regarding the killing. The conver
sation occurred near tin body-
Robt. Maxwell, Pete Smith, Bird
Smith, Frank Smith and myself
were present. I asked how the
trouble started. He said they had
never had any trouble. He said
that they never had any words or
misunderstanding but that Cotney1 "rtreiijfthenecl this morninK by
. , . * Stillwell Russell, a noted crininal
commenced cutting at him
him but he did not know whether
or not the others took effect, lie
at first told me that after shooting
Cotney lie struck a match to see if
the body had fallen but he after-
wards said he struck a match to
light a cigarette. I saw mens
tracks leading from the scene of
the murder. This was Monday
about eleven o'clock. The tracks
lead iu the direction of Frank
Smith's home, There were tracks
of two men. One was a wide toe
aud I judge about number eight.
The other was a pointed toe and
seemed to be made by a new nboe
or boot and was longer than the
other track. The latter was what
might be considered a "tooth-pick"
shoe. 1 compared a measurement
of the track with a pair of gum
boots worn by Frank Smith the
night of the murder. The boots
compared in length and width with
the tracks. The tracks leading
from the scene of the murder indi-
cated that the parties making them
were walking side bj side."
11. m. maxwell.
I am City Marshall of Lexing-
ton. I know Frank Smith hut dont
know Ed L. Cotney. I remember
when a man by that name was
killed. It was the night of Octo-
ber, 28th. Pete Smith came to my
house, knocked on the door, told
me that Frank had killed a man ami
wanted to surrender. I dressed and
went out into the yard and found
Frank Smith at the gate. I took
charge of him. He asked me if I
would go to Purcell with him as he
had some things there that he
wanted. We went to Kitty Mc-
Intire's. He awoke her and talked
awhile, got a pair of shoes and
came away. When the woman
came to the door he told he had
killed a man. She asked why he
did so. She told him lie should
have went on home and avoided
any trouble. After we left the Me-
lntire woman's house we went to
where the dead body lay. In go-
ing back to where the murder oc
ccurred he told me that he and
Ed Cotney had started to Pur-
cell that while going Cotney com-
menced cutting at him with a
kuife, when he shot him. When
he gave up to me he was wearing a
pair of gum boots but latter he put
on a pair of shoes he got from the
Melntire woman.
"I would be able to identify the
clothing worn by Suiith and which
I turned over to Sheriff Newblock."
(Here Sheriff Newblock was again
called to identify the clothing nam
ed. The sheriff identified the
clothes worn by Smith at the time
he was placed in jail.)
Mr. Maxwell again took the
stand: After being shown a coat
and vest he said: "I recognize
them as the coat and vest worn by
Smith when he surrendered to me."
( The coat and vest were cut in
several places. Smith claims Cot-
ney did the cutting.)
Resuming Mr. Maxwell said:
"The road leading from Lexington
to the scene of murder was muddy.
A portion of the a black loam.
Theri had been considerable rain-
fall for a few days previous to the
killing and the roads were -in a
worse condition than usual.
A. V. Smith, father of the de-
fendant, Frank Smith, was called
to the stand: He said: "I live at
Lexington. My son did not leave a
revolver at my place Saturday night
when he informed me he had killed
a man. I don't remember of seeing
him leave.
WEDNESDAY MORNING.
Court was delayed Wednesday
morning by reason of the condi
tion of Jimmy Ewing, the steno-
grapher, who was sick. At ten
o'clock A. Komaiio, was placed on
the stand and after a few questions
were asked him, Mr. Kwing stated j
that it was impossible for him to
proceed further at that tune but he
thought he would be in a condition j
to take up the work in an hour. In
view of this the court adjourned :
until one o'clock. Smith the de
fendaut, appeared more restless j
this morning than the day prev-
ious. The prosecution was
this
Lost! Yesterday
Somewhere between sunrise and
sunset, two golden hours, each
set with sixty diamond minutes.
No reward is offered, for they are
gone forever, but we are not; we
have just our building into the
street, in tront of our old stand,
pending the completion of our
new building.
HAYFIELD& CLARK,
DRUGGISTS.
■O-v:-
A
P. S.—Remember every bottle of our Pep-
perment Balsam is guaranteed to cure every
case of dysentery.
justice. Smith has admitted kill-
ing Cotney but cl.times he acted in
self defense. It will require a
strong effort on the part of Smith
to establish the self defense theory.
The knife produced iu court and
with which Smith claims Cotney
attacked him, cutting his coat and
vest iu many places, is one that
could not possibly do the work ttiat
Smith claims it did. Smith will
have many damaging circum-
stances to explain. He must show
why he bought the poison drug
from Walter Freeman, the night of
the murder. He must explain how
Cctney's skull was crushed and
tell the just why lie did not explain
this matter at ihe time he surrend-
ered instead of declaring he shot
Cotney.
WEDNESDAY AFTERNOON.
The court machinery was in per-
fect working order Wednesday
afternoon and the examination of j him "Bill you know that fellow you
witnesses was resumed at one | and Frank Smith were out with
o'clock. | last night. Smith killed him last
J. F. Hooker, night watch at Lex- night." Klkin replied, "the H Ihe
ington, was placed on the stand, i did." I do cot know where Will
His evidence was exactly the same ' Klkin stayed the night of the inur-
as his statmeut published iu the der. Mrs. Klkin was iu Purcell
1 Saturday night I heard her ask her
powder burned. An incision was
made from ear to ear exposing the
skull to the base of the brain.
There were four fractures of the
skull. The ball, after entering the
head, took a course down, then up-
ward and through the temporal
bone, fracturing it, coming out
just above the left ear. The first
wound described was made by a
blunt instrument. The wound
from the blunt instrument was
made lirst." (Photographs of the
murdered man's head was exhibit-
ed showing all th« wounds. They
were offered iu evidence. Dr.
Smith was kept on the stand a con-
siderable length of time.)
tom hines.
' I live in Lexington. I am in
charge of the telephone exchange
at Lexington. I remember the
time Cotney was killed. I had a
conversation with Will Klkin the
Sunday of the killing. I said to
husband why he did not come
over to Purcell Saturday night and
asked him if he was coming over
that day." This concluded the
testimony on the territory. Prose-
cuting Attorney Nicodemus stated
to the court that he did not consid-
er the evidence against Frank
Campbell sufficient to hold him
and therefore recommended his
discharge.
Judge William discharged him.
J. W. Hocker, counsel for Will
Klkin,demurred to the evidence in
as much that it referred to Will
Klkin. The demur was taken ui
der advisement by the court until
Thursday morning.
Will Klkil
One of the defendants was the
last issue of the Democrat.
On cross examination he re-
iterated his statement made in the
direct examination. He told how
Klkin, Smith and Cotney had left
him shortly &fter twelve o'clock the
night of the murder. They declar-
ed they were going to Purcell, after
going but a short distance Smith
stopped and slapping Cotney on
the shoulder declared "he would
not go another step unless he could
get a cigarette." Cotney replied he
could give him (Smith) a cigarette."
Tney then proceeded on their
journey. Hooker then explained
that he went to a barber shop,
opened it, went in and commenced
eating a lunch, that after he had
been there probably fifteen min-
utes, Will Klkin stepped up in
front of the barber shop, placed his
face against the glass and spoke to |
him. He said that it was thirty or
forty minutes after the parties left
him before he heard the shots fired.
In reply to a question asked by
Judge B. F. Williams the witness
said he did not see any of the par-
ties exhibit any great amount of
money
drinks two or three times. ing sun. We sometimes wonder
W. M. Freeman was recalled by why men fight, and yet when man
the prosecution. He said: "Frank ti born into the world he starts to
Smith has bought drugs of me fighting. Sooner or later the great
several times. Cotney and I had problem of life confronts him.
arranged to go to a little town in ! "How to make himself prominent,''
Pottawatomie county to see if he "How to make and save money.''
could not get Mr. Cotney a posi- If you pay 15c for a milk strainer
tion. We were intending to start ut the New York Racket that will
about four o'clock Sunday morn- cost you 25c elsewhere you haw
ing. I sold Frauk Smith a 44 colt saved money, therefore, made
revolver about two weeks before1 money. We can take you right
Cotney was murdered. (Here the through our stock and save you
revolver with which Smith shot j money in any line. Are you a
Cotney, was shown the wituess., fighter for the cash ? Do you seek
llOHits AGGKi:SSI\ I
VANCINU TIIKIU
AND AD-
LIN ES.
Everything points to a hot time
for England and the Boers.
War means much. Loss of
money, time, mental and physical
force, property and life itself
He saw Klkin pay for the vanishes like dew before the morn-
just
with a knife. He said he
lawyer of Dallas, Texas. The
fired prosecution will leave no stone un-
three shots and that the first one hit j turned to bring the guilty party to
He thought it was the revolver he
sold Smith.)
i>k. l. t. smith
"1 live at Lexington. Am a
physician and surgeon. Am a
graduate of the Louisville Medical
College. I was called to make a
medical examination of a corpse at
the residence of Joe Bell Campbell.
1 responded to the call. I found
the dead body ot Kd L. Cotney. I
examined the body and found a
wound on the forehead and one
just in front ot the left ear. The
wound on the forehead was an
inch and a quarter above the
medium line and one and one-
fourth inch above base of the nose
and extended about two inches at
right angles of forty five degrees.
(He then described the bullet
wounds and declared the forehead
as well as a place three inches in
diameter behind the left ear, were
to make your cash go a long way
and have some left? Then call at
the New York Racket and trade
and all will be as we say. Prices
and qualities will prove it. Be-
sides low prices we give you beauti
fill china ware when you purchase
goods of us. This means a gain to
you.
Good machine thread 3c.
Basting thread I and 2cts spool.
Blankets and Comforts, cotton and
all wool flannels, white and colored
at Racket Prices. Those goods are
extra values.
Underware of all kinds and prices.
Ladies' Union Suits, 35c.
Ladies' Vests, good weight,
flaced, 20c and up.
Large tin bucket I c.
We are always ready to show you
the great line of goods and show
the iminence bargains. We have
Shoes, Shoes at the New York
Racket.
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Jarboe, Tom & Russell, Undril S. The Democrat-Topic. (Norman, Okla.), Vol. 11, No. 14, Ed. 1 Friday, November 10, 1899, newspaper, November 10, 1899; (https://gateway.okhistory.org/ark:/67531/metadc117122/m1/1/: accessed March 29, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.