The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 2, No. 236, Ed. 1, Sunday, September 9, 1894 Page: 1 of 4
four pages : ill. ; page 24 x 18 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
tilt
ii hijisj .! urni ii ii UUJ iHIHPIMMj
We wanOo buy School Bonds;
also Territorial and County
Warrants
HAGAF& PAINE
10 per cent Money Loaned on
Farms; Abstracts of titles fur-
nished on application.
HA6AN & PAINE.
'
OlTIUtAT OUUAN OK OKLAHOMA DKMOCHACY.
OFKICK OK l'UIIMCAIION IIAHIUSON AVKNCK.
VOL. 2
GUTHRIE OKLAHOMA SUNDAY MORNING SEPTEMBER 0 1894.
NO 230
mnthrh
Jtaufer
K
IS DIVORCE
PIIORATE DIVOltCE COUHTS
SUPIIE3IE
flinty of Whom ATlcr Olilnliilns Their Decrees Were Itcmiir
rieil mid Now Shine Out as Jligamists Full List of People
Who have lleen Granted Alleged Legal Separations in
the Probate Court of This County A Case of Na-
tional Importance- Which Was Carried From
Payne County to the Territorial Supreme
Court An Overwhelming Sensation-
Other Opinions Handed Down In-
justices of the Supreme Tri-
bunal Abrupt Ending.
The supremo court adjourned for
tho term yesterday. Sevunleen opin-
ions were handed down making lu all
about fifty opinions for tlio term and
clearlug tlio docket of all cases that
could bo disposed of ut this session.
The attondanco was larger than
usual for it was lutoivn that several
opinions of more than usual import-
ance were to bo given. The case ex-
citing the most interest and which is
no doubt the most Important case ever
decided in Oklahoma was that of
Irwin vs. Irwin which came up from
the probate court of I'uync county.
This cuse Involved tho jurisdiction of
the probate court in uctious for di-
vorce. Chief Jisticc Dale rendered tho
-opinion concurred in by all of the
members of the court excepting .lus-
tlco Scott who disesnts and holds
that tho probate court never had juris-
diction In divorce proceedings except
in cortain cases and in no cuse since
August Hth 1303 when tho laws of
the last legislature took effect. The
opln'n. which Is quite lengthy gives
the facts In the case from l'ayne
county and discusses the matter from
all points.
At tho first session of the Oklahoma
legislature there wero two separate
laws passed relating to divorces. One
made It necessary for the plaintiff in
Mich actions to bo u resident of the
territory and county in which the suit
was commenced at least two years prior
o filing the complaint.and gives to
.irobato courts jurisdiction to hear and
determine them. Tho other uct fixed
the time of residence at three months
but placed the jurisdiction in the dis-
trict courts.
The oriranlc act of the territory
passed by congress which is to Okla-
homa what the constitution is to tho
states limits tlio powers of tho legis-
lature and after tho adjournment of
tho session of 1890 congress ratified
those acts which exceeded tho author-
ity conferred thus confirming tho
jurisdiction given to probato judges
This act of congress tlio decision
holds was simp'y a permissive act
und did not take from the legislature
the power to repeal tlio law in ques-
tion. At its last session tho legislature re-
pealed the act relating to divorces
which required a residence of two
years and gave to probate courts juris-
diction In those cases.
It had been contended that congress
having onco conferred the jurisdiction
granted by the legislature to probate
courts it was beyond tho power of the
territorial legislature to take from
these courts that jurisdiction. Hut
this decision settles that point in de-
ciding that congress only g.ivo Its con-
sent to what tho legislature did and
the legislature having repealed tho
act that action carried with It the re
L. HAYNES BUXTON M. D.
fl OCULIST AND AURIST.
All Medlc-vl and Surgical Diseases of the Eye Ear ond Throat a Specialty.
Office Over Capitol National Bank
pUTHRlE - - OKLAHOMA.
A FAILURE?
KNOCKED OUT IIY THE
COUNT.
peal of the jurisdiction of tho probate
judge. This repeal went into effect at
the time the laws of 1803 wero pub-
lishedAugust 54 of last year so
that no divorces grautcd in tho pro-
bato courts of the territory since the
last named date are valid decrees.
This decision is one of the greatest
Importance in Oklahoma. There seems
to have been a general misinterpreta-
tion of the law for almost all cases of
this kind brought in the probate
courts have applied the three mouths
feature of tho law to the act giving to
probate judges jurisdiction.
How many invalid divorce decrees
thcro havo boon obtained can only be
conjectured. Tho number lu Logan
county reaches upwurds of ninety and-
the twenty-one other counties will
bring the list to upwards of one-thousand
instances whore divorce has
proven a failure.
In Judge Lawrence's court tho fol-
lowing casos have been tried and de-
termined only to be tried again If
thoso who have found marriage a fall-
uru want to mako a succuss of the
second venture:
Sorrowful Victims.
1'nul J Everett from Julia J Everett.
Allle M. Hartmnn from Aurelllus
llartinan.
Hlchard A White from Flourenco M
White.
Ocorge A I!aghurt from Sarah J
Ilaghurst.
Win M ltowlos from Ojtr.vla Howies.
Everett V Dubois from Margaret .1
Dubois.
Lauora Musonsael from Peter Mason-
sael. Andrew Webb from Jennio It Webb.
Moses Miller from Mary A Miller.
Prances Taylor from Abo Taylor.
Helen Oarland from Charles W Oar-
land. David Johnson from Carolino E
Johnson.
James II Sims from Jessie Sims.
Samuel A Zerbe from l'luubo Ann
7.o rbe.
Charles 11 Freeman from Rosa N
Freoman.
Lulu Itlttcr from Harry E Hitter.
Ada Johnson from Charles E John-
son. Carrie M Young from Oliver A
Young.
Hugh Iteevos from Martha Ilecves.
It D Smith from Annie Smith.
Nettle Uealong from Gcorgo llea-
long. Joanna Jarred from Ell Jarred.
"V II Dury from Louise E Dury.
John M Regan from Mary Regan.
Wm N Mitchell from Marguerlto
Mitchell.
Sarah M Hildrcth from Solomon S
Hlldroth.
Arthur II Farris from Elzotta Kar-
ris. Pearl II. Romino from Indlanna M
Romine.
couples
llcrtha Johnson from Nlles R John-
son. Nellie 1' Sugars from Nelson Sagars.
Magglo Day from Horatio Day.
Henry W Hlldroth from Mary II
Hildrcth.
Wm Huffer vs Mary Huffcr.
Harriet A Hahn from Charles A
Hahn.
Ellen ltryant from John II llrynnt.
Francos W Jacobs from Ida 11
Jncobs.
Lars Hammer from (lortrudc Ham-
mor. -
J A Tillman from Anna Tillman.
Maggie A Taylor from Edward Tuy-
lor. Wm II Heard from Rosa E Heard.
Turncy 1 l'lerco from Drucllla II
Pierce.
Ilelon L Offhauson from Adolph C
OfThuuscn.
Anna Holllngsworth from Henry
Holllngsworth.
Odell Wilson fromXntherlno Wilson.
Wm A Depow from RosellaS Dcpew.
Mary E Jordan from Charles II Jor-
dan. Clara Hill from Ridley Hill.
Dollio Trumbull from Dlno Trum-
bull. J W Montroy from A E Montroy.
John Carter from Lenoni Carter.
Charles l.utz from Sarah A Lutz.
Marshal S Torbort from Susan Tor-
bott Alexander S Hayes from Ida S Hayes
Honjamln C Rogers from Virginia
Rogers.
Francis Hayes from Hooker Hayes.
Kate Peebles from Wallace Peebles.
Mary J Teaguo from James Teague.
Edward Hayward from Maggie L
Hay ward.
Marian Miller from Sophia Miller.
Herman KnofT from Hertha C KnolT.
Julia Thompson from W P Thomp-
son. Louis Elson from Estello Elson.
Mnrgaret Flynn from Jumes C
Flynn. .
A J Hrowster from Alma Rrowstcr.
Viola Heard from David C Heard.
John A Vincent from Cora L Vin
cent.
SUPREME COURT DECISIONS
1.1st of liiiiicirtuiit Opinion lliiluli-il Outrn
Yrsteriluy.
The supreme court met at 11 o'clock
Saturday morning with Chief Justlco
Dalo and Associate Justices Merer
McAtee Scott and Hurford prcsont.
The following opinions wero ron-
dorcd: Hy Scott: First National bank Ar-
kansas City vs Junes et al from
Kingfisher county; reversed.
Hy Scoit: John W Day vs Territory
of Oklahoma from Logan county; re-
versed. lly Scott: McClaslcoy upon writ of
habeas corpus; denied.
Ry Scott: Carnaiiau vs (Justine .fc
Co from O county; affirmed.
Hy Scott: Horry Rros vs Hill Fon-
taine fc Co from Cleveland county; af-
firmed. Hy Scott: Horry Rros vs Ocorge
Smith sheriff Cleveland county; mo-
tion for rehearing denied.
lly Scott: P P Smith et al vs Hank
of Kingflsbor; motion for review de-
nied. lly Scott: Henry Redmond v Ter-
ritory from Lincoln county for wife
murder; atlirmcd.
Ry Scott: Hurchct vs Purdy from
Kingfisher county: affirmed.
lly Scott: John Dassett Upon ap-
plication for writ of habeas eorpus;
writ denied.
lly Scott: Moses Pitman vs City of
El Reno; reversed.
Ry Scott: Houghton and Upp Mer-
cantile company vs Whitlock ot al
from Canadian county; aflirmed.
My McAtee: City of Oklahoma City
vs Richardson Lumber company; re-
versed. lly Hurford: Twino vs Carey from
Logan oounty; reversod.
lly Hurford: O'Kcofo vs Morris from
Logan county; reversed.
Hy Dalo: Dunham vs Holloway;
from Oklahoma county; upon applica-
tion for rehearing; granted.
lly Dale: Loronzo Irwin vb Sarah
Jane Irwin; from probate court Payne
county; holding probate courts have
no jurisdiction in divorce matters;
Judge Scott dissonting.
The court adjourned until next Jan-
uary. CRIMES AND CRIMINALS.
Timber Cutter ami WliUky Kellers LuUceil
In Jtill.
Deputy Marshal A. T. Hopkins bet-
ter known as Father Hopkins came In
yesterday from Oklahoma City with
Hob Maek and Ulack Wind two In-
dlun horso thieves and committed
them to the federal jalL
Deputy U. S. Madsen came in yes-
terday frr-i El Reno with two federal
sinners. They were Clias. Adams
charged with horse stealing and
James Teaklo charged with cutting
timber off government land.
Deputy Marshal Parker camo in yes-
terday morning from the West Side
with a prisoner charged with rldlntr
off on another man's horse. He gave I
lit .... nm lllf.l Till .. 1
... uuujD ia iucJiicau Dill.
L. L. Downing wm released from
the hostile yesterday morning after
doing a short job to square things for
cutting timber on government land.
ike's Cream tutting Pewdtr
stales bo AwBi pr Alu.
A PROMINENT MICHIGAN PHY-
SICIAN ENTICED AWAY.
CALLED FROM HOME AT MIDNIGHT.
This Occurred Lost Tuesday Night a ml
Ho Htti Ilron Missing Since Without
the Slightest Trnce of Mini Mar-
ine linen I'ounil Kvlileuce of
a Terrible sffugglo lu tho
Doctor' OOlco.
Er.KitAnT Ind. Sept. 8. In precise-
ly the same way that Dr. P. II. Cronln
of Chicago was enticed from his homo
to his death at tho hands of assassins
Dr. W. A. Conkllng tho principal
physician of Cnssopolls Mich. a pros-
porous town just north of here was
culled from his homo Tuesday night
by two men driven away and has
sinco been missing without tho slight-
est trace of him sinco then buincr
found. The only difference between
tlio two cases lies in the fact that
whereas Cronln was murdered in a
house prepared for his death Conk-
llng wub undoubtedly killed in his of-
fice nud-his body carried away.
Last Tuesday night tlio doctor
whose wife is an invalid ivns called
to his door by two men who said thoy
desired his services at his otlico some
distance) from his home A few min-
utes luter Mrs. Conkling henrd a
wagon pass tho house nt break-neck
speed. Two hours passed and tho
physician did not return and Mrs.
Conkling caused a man to bo sent to
the doctor's otlloc.
In tho otlico overythlng was found
In tho utmost confusion tho furniture
overturned and broken and tho evi-
dence of a fearful struggle on every
hand. The doctor was nowhere to bo
found.
Tho village was aroused and search
tnado In every direction but to no
purpose. Stone lako was visited but
nothing could bo discovered that
tended to clear up tho mystery. Tho
lake has been dragged but with no
success nearly everybody In that part
of tho country giving aid.
Dr. Conkling's brother from Man-
chester Mich. has arrived at Cas-
sopolis and is doing everything possi-
ble to ferret out the mystery. Ho
says ills brother was a leading wit-
ness in a murder case that is ito lo
tried in tho eastern partof Michigan
and lie ascribes his disappearunce to
that fact.
NO MORE SORGHUM SUGAR.
Iho I'nctnrlcs In Kansas Will Cease Oper-
ations for liniinclul lirjinus.
Fout Scorr Kan. Sept. 8. Thcro
nro but two sorghum sugar factories
in the stuto und neither of thum
will mako any sugar this year.
Ono Is nt Medicine Lodgo and
the other in this city. The lat-
ter made over 730000 pounds
of sugar last soasou and claimed over
SI 1000 bounty. Tho former made
less than 100.000 pounds owing to u
failure of tlio cano crop. Thlsyoar
both factories wore contemplating an
unprecedented output as tho cane
crop is exceptionally good but It is
being worked into sorghum and ship-
ped out tho malingers claiming that
the sugar duty does not enhance tho
prlco of sugar sulllciuntly to maku
sugar as profitable ns sorghum.
The sugar Industry which six years
ago seemed so promising in Kansas
cannot bo adjudged u success. Even
with tlio advantages of a bounty of
two cents u pound the six mills lu op-
eration In tlio stuto lu 1880 had boon
reduced to two in 1803 und tlio ma-
chinery had been shipped to Louisiana
for sugar cano factories. The manu-
facture of sorghum however Is rapid-
ly becoming a feature of farming In
Southeast Kansas and an average of
over a do.en cars a wook are shipped
from this city.
TWENTY-THREE MORE DEAD.
A. lluntl of Inillwn llunteri Annihilated
by the Minnesota Korest Fires.
Doi.uth Minn. Sept. S. Tlio death
list by the terrible fires lias been in-
creased by at least twenty-tliroq
Chlppowa Indians who perished be-
tween Pokcgemii and Homestead a
small settlement on tho eastern
shores of Lako Millelucs.
The Indians loft their reservation
two months ago und built a hunting
lodge along one of tho forks of Shad-
ridge creek. Tlio first body found
was that of an infant barely a year
old. Then camo those of two squaws
and flvo.'hlldron. Thoy had evidently
turned west wlion the flames swept
through tho forost.
Yesterday tho bodies of three or
four persons wero found in u collar
west of Hinckley but no bodies have
boon found in tho mill pond which
was expected to have proved a death
trap.
Tho people of Hinckley aie hard ut
work rebuilding their burned town.
Tho council Is preparing au address
of gratltudo to tho people of tho
United States.
Duluth is caring for 1300 refugees
and has subscribed 815000 In cash and
820000 in supplies for tho sufferers.
JAPAN ON THE AGGRESSIVE
Field Marshal (lata bent to Cores An
Island Near l'ort Arthur Occupied.
Yokohama Sept. 8. Field Marshal
Yama Gata has started for Corea to
assumo command of the Japanese
army which is soon expected to
amount to 100000 men. When the
organization of this army U completed
it is supposed that au attack In force
will be madu upon the Chinese troops.
Missouri Ileuiocratlo Kdltort Meet.
WAKitENsnuno Ma Sept 8. The
Democratic State Press association
met at PertleSprings yesterday with a
large attendance Everett L. Rean of
the Nevada Post vice president of the
association presided in tho absence
of the president Applications for
membership wero read from over 100
editors Tho next meeting will bo
held at Lebanon September 83 and
S3 at which time the .Missouri State
I'm association meets
DRAYTON DIVORCE CA9B.
eteral New Points of Interest In Mr.
Mrsjrlon'e Story
New Youk Sept 8. The World
ays in connection with tho Drayton
ilvoroo case: "There aro several
points to Mrs. Drayton's story and
svery point has tho Interest of being
new and inado for tho first time. To
begin Mrs. Drayton not only docs
not regret tho bringing of divorce suit
by her husband but received tho news
of It gladly nnd arranged that
tho papers might be served on hor nt
once. Mrs. Drayton not only will
contest the divorce suit but will fight
It to tho bitter end. Mrs. Drayton
will answer Mr. Drayton's petition
for dlvorco with a cross petition al-
leging unfaithfulness on his part and
gross violation of his marriage vows.
Sho will enter a general arid specific
denial of all his charges ng.-ilnst hor
and will bring what her friends re-
gard as proof positlvo that she has
boon maligned. Sho precipitated
tho divorco proceedings by de-
liberately bringing n suit for
tho oustody of hor children.
All theso facts arc true beyond
perndventure her friends say and
when they aro confirmed by tho filing
of her cross-petition and by thu testi-
mony at tho trial tho confirmation
will bo so sensational that thu state-
ment of tho bare fuels will seein very
tamo.
"Hallott Allsop Horrowo tlio co-
respondent lu tho case was seen in
his offlcc at tho cur house of tho Now
York division of tho Now Jersey Trac-
tion company for which lie is super-
intendent He said: "Tho charges
made lu Mr. Drayton's petition are
false absolutely false. That is all I
havo to soy in the matter."
EXPORTS TO THIS COUNTRY.
State Department In Iteeelpt of Iteporte
I'roin tho Different Consuls.
Washington Sept 8. Replies havo
been received by tho state depart-
ment showing tlio nmotint of exports
from various countries during tho
quarter ending Juno 30 1801 to tho
United States. The reports aro by
the different consuls general and aro
compared willi tho report from the
same quarters last year. Tho figures
show a fulling off owing no doubt
in part to expected tariff changes.
Tho following aro figures by coun-
tries: Austria-Hungary 31488373: de-
crease $010148.
llclgiuin 81172808; decrease 8340-
814. Cunado maritlmo provlnes 81358-
530; decrease S41S t'J3.
Canada Ontario 81013100; de-
crease 3001 7.VJ.
Catiadii Quebec S1.10S.515; com-
purlsou not given.
Oermnuy Frankfort dlstrlot8o153-
20(1; decrouso 8431 1080.
Italy S.l.lia.SIU'; comparison not
given.
Netherlands S"U800S; no compar-
ison. Russia 8700770; no comparison
given
Sweden and Norway 5450107: de
crease 8075 S35.
Switzerland 82133703; decrease
81250155.
England 820332004; decrease
8 10 050 3 18.
Turkey 8781142; no comparison.
West Indies 828200075; no com-
parison. WARNED DY WHITE CAPS.
A Wealthy .St. Joseph Mini Mysteriously
Disappears.
St. Joski'H Mo. Sept. 8. White
caps threatened t whip Stephen li
Cavcy u weulthy cltlzon of this city
bocauso lie hoarded Ids money and
would not properly clotho und feed
his family. Cuvcy paid no attention
to the threat and two weeks later the
White cup thrcstpned to hang him.
When hn received tho last letter
Cavoy took his youngost son a boy of
14 stealthily away from the house
and loft tho city. It is belioved that
lie 1ms started to England with tho
boy. A telegram received yesterday
from Fort Wuyno says ho lias beep
soon thoro. Cavey attributes the
threats of tlio Whllo caps to his wlfo
nnd children. Ho made statement to
his neighbors and left u letter for
publication to that effect before he
left tho city.
FEEDINO WHEAT TO 8TOCK.
Moro Will Ho Usod for This 1'urpose
Thau I'rer Ilefore
Toi.kdo Ohio Sopt 8. During the
past four days C. A. King & Co. have
received replies from 3057 reliable
dealers and millers. Thoy cover al-
most every important wheat and
clover sood county In Ohio Michigan
Indiana Illinois Kansas and MIsBtirl.
These states raise most of tho clover
soed crop and two-thirds of tho win-
ter wheat crop or nearly ono-half of
tha entire wheat crop of tho United
States. Two thousand three hundred
and thirty-one of tho reports aro from
208 of tho large wheat producing
counties. They show it is mostly a
guess to say now what umount of
wheat will bo fod animals this crop
year. There will bo rnoro fed than
ever before.
AnihENi: Kan. Sept 8. Tho Abi-
lene Dispatch this week hoisted ths
Populist ticket
Awarded
Highest Honors World s Fair.
DR-r
w CREAM
BAKING
POWDER
MOST PERFECT MADE.
A pure Crape Oeim of Tartar Powder. Free
from Ammonia Alum or any other adulterant
40 fLA' HT "'TA.NDARQ.
EfoajM
A VV4ftiCrfcC:l
5t
-J-.
- v i -v-
;ctfTV
(e-ei--.ni
'.
THE SUMMER GIRL
hereabouts comes to us for her shoes Tills fact proves her to be as
sensible as she is lovely. Thoso Oxford Ties of ourn aro just to cool to
bo without and n summer girl without tliem would look us dismal ns a
watering place without tlio summer girl; and certainly nothing in
footwear ever delighted any summer girl as much us our Tics that
havo been voted tho handsomest lu town. Naturally the young la-
dles of Oklahoma nro In a llutter over our shoo triumph and even
though Miss Columbia looked long sho never could look prettier from
a shoo point of view than she would wcurlng u pair of our Inlmltublo
Oxfords
Eiseiisclimiilt & Hetsch.
EsLXLCl.
118 OKLAHOMA AVE. WEST.
REPAIRING NEATLY DONE.
DON'T GO AWAY.
OR
Wo will t'ivu ono lorm Iwonly lessons to nny person who
buys a PIANO or 01M1AN of us wllhiii Mio next :i() days. Jn-
stnu'Uoiis given hy Sirs. Young.
Pafronize Home
MURRAY k
LEADING
They Must Go!
AND RIGHT QUICK!
Gasoline Stoves !
Havo you ono In your liousot If not then call at once nnd see
thoso at
A.H.RICHMOND'S
NEW STOVES--ALL NEWI
AT SEC0NI)-HANl)ulItICES.
Coiuo quick boforo thoy aro-all
A. H. RICHMOND 113 Oklahoma AYonoe.
THE SILVER DOLLAR
WYATT & CO. Proprietors.
Finest Bar in the- Territory. .06 West Harrison.
Qo. A. MrrcALF President. M. L. Tuukeb Cshler.
CAPITAL NATIONAL BMK
GUTHRIE OKLAHOMA.
Capital fully paid : : : : $50000
Undivided profits : : : 30000
ilyf Mttif TliiM
j I
rrii. m m i m t ir-Tr - vvim
1-7'j
mmk j
ti ft vi si o:
sjamiT m s '
ZmtT H& '
irs fj' vr? .i-
TO BUY A
Institutions.
WILLIAMS.
JEWELERS.
2010KLAHO3IA AYENUK.
gone
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Niblack, Leslie G. The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 2, No. 236, Ed. 1, Sunday, September 9, 1894, newspaper, September 9, 1894; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc73134/m1/1/: accessed April 23, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.