The Peoples' Voice (Norman, Okla.), Vol. 18, No. 18, Ed. 1 Friday, November 12, 1909 Page: 1 of 8
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THE
VOLUME 18.
* v •«*, rw„
VOICE
NORMAN, OKLAHOMA, FRIDAY, NOVEMBER 12, 1909.
NUMBER 18
GREAT VICTOflY FOR JUDGE JACKSON WHO LEO PROSECUTION
At the close of the habeas corpus
hearing last night, the attorneys sub-
mitting the case to the court without
argument, Judge R. McMillan denied
the writ of habeas corpus, declaring
that in his opinion there is no doubt
but what Robert Logan is the John
D. Hollandsworth wanted in Tennes-
see, and that the same Robert Logan
is now sufficiently sane to be taken
back to Tennessee to answer for the
crime charged against him there.
Logan's attorneys immediately filed
a motion for an appeal; this procedure
is something quite unusual in that it
is generally understood that habeas
corpus cases are not appealable. At
any rate this is the view Judge Mc-
Millan took of the matter; however,
he was willing to allow Logan's at-
torneys cite him authority for their
contention and therefore set Thurs-
day night at Purcell as the time to
hear their pleadings.
Tuesday morning, notwithstanding
the injury he received Monday after-
noon. Judge McMillan ascended his
bench and opened court for the trial
of the Bob Logan habeas corpus case.
The prisoner was brought into the
court room and laid on the floor,
where he continued to moan but
otherwise was still. 'I he case opened
by the attorneys for the state filing a
demurrer to the pleading, and the
same was overruled by the court. A
general denial to the petition was
then filed and the witnesses were call-
ed and sworn. The defendant was
then removed to the county jail by
the sheriff under the instructions of
the court, in order to give physicians
a chance to examine and prescribe
tor the prisoner if such should be de-
sired.
John Higgins, from Texas, a broth-
er of the man alleged to have been
killed, was called by the state and his
testimony was to the effect that he
had been raised in the same communi-
ty with Hollandsworth and was posi-
tive that Logan was John D. Hol-
landsworth, the man wanted in Ten-
nessee.
J I.. Webb, of Joplin, Mo., was the ]
next witness called by the state. This
witness positively identified the pris-
oner Bob Logan as John D. Hollands-
worth the man wanted by the Tennes-
see authorities and the same man wh >
killed his father some time after thu
killing of Higgins.
J. B. Cummings of Oklahoma City
but formerly of Norman, was the next
witness called by the state and he
testified to the fact that Logan had
once informed him that he was from
Canon county, Tennessee.
A. J. Sells of Norman was the next
witness called by the state and he
testified that the prisoner had once
told him that he was from Tennessee.
Richard Gannon of east of Norman
was the next witness called by the
state and his testimony was that he
was acquainted with John D. Hol-
landsworth while in Tennessee and
that he had met same person in this
county about three years ago and
that the prisoner is the man he knew
as John D. Hollandsworth in Canon
county, Tennessee.
The deposition of Jesse Higgins of
Tennessee was read for the state; al-
so the deposition of Drew Womack
of Washita county.
Mr. Higgins' testimony was posi-
tive as to the prisoner being the John
D. Hollandsworth wanted by the
Tennessee officers.
Mr. Womack's deposition was also
positive as to the prisoner being John
D. Hollandsworth wanted by the
sheriff of lennessee. His testimony
was not quite so positive however as
to identity as the other witnesses.
The deposition of Ben McBroom
of Washita county was also read for
the state and his testimony as to the
identity of the prisoner being John
1). Hollandsworth was quite positive.
1 he stale rested after the introduc-
tion of the reading of the depositions.
1 he defense filed a demurrer to the
evidence and the court overruled the
same.
Adjournment was then taken until
after dinner.
•VVV-X-.
2000 Years To
Invent a Mattress
1 lie sunny cotton tie 1 tis of the Southland furnished
the solution of man" comfort while asleep,
Cotton is the component of the SEALY MATTRESS
the basie element of its excellence.
Compare cotton with any kuown material—its virgin
beauty stands out in bold relief. Clean—pure—sani-
tary. It was natural that the world's greatest mat-
tress should be made at the source of supply,
Our perfect knowledge of cotton peculiarly equips
us to maufacture such a mattrees, All other so-called
cotton mattresses are made of l'mters, a by product of
the cotton seed oil industry.
The Sealy Mattress
enjoys the distinction of beingthe only mattress made
of high-grade, long staple cotton, same as sold on the
New York, Liverpool and New Orleans exchanges.
Myriads of long, fleecy fibers of cotton artfully in-
terlocked and evenly distributed by a wouderfnl pro-
cess, forming a compact mass of cotton 45 pounds in
weight, that will last a life time. Enclosed in a rjund-
cornered tick that leaves no opeortunity for lodgement
of dust, germs or vermin. An occasional sun bath is
all that is needed to keep it in good condition.
QUALITY IS THE WATCHWORD-your safe
guard.
Sold on SIXTY NIGHTS' TRIAL.
Meyer, Meyer tk Morris
DAY PHONC G7. *t .
night phone 242. Norman, Okla.
1 ho defense put Oscar JIayiu> oil
the stand. By this witness tile defense
attempted to prove that the defend
ant was of unsound mind. To the tes
tiinony of this witness the state ob-
jected on the ground that the witm
was not qualified to give testimony < .
this character. The court sustained
this objection but permitted the wit-
ness to relate dealings and transac-
tions he had had with defendant tend
ing to show that defendant might not
be of sound mind. On cross examina-
tion the testimony of this witness was
badly shot to pieces by tending to
show that the peculiarities of the de-
fendant testified to by witness were
rather eccentricities than symptoms
of unsound mind.
Dr. Clifton of D etiver was the next
witness called by the defense. The
testimony of this witness was to the
effect that in his treatment of the
prisoner during two spells of illness
he noticed some peculiarities which
he related that tended to show dis-
turbance of the mental condition of
his patient. The cross examination of
this witness also weakened the force
of this witnesses -tetimony for his
treatmentof the patient hardly was
such as he would likely to have fol-
lowed had he bclived patient was of
unsound mind. In other words his
dealings with patient indicated that
he looked upon the man as an eccen-
tric character, rather than as an in-
sane person.
Dr. \V. N. T. Abel of Oklahoma
City was the next witness put on the
stand by the defense and his testi-
mony was as to the mental condition
of the defendant. This witness was
of the opinion that the defendant was
of unsound mind but lie would not
testify positively that the man was
insane.
From the testimony of the first wit-
nesses introduced by the defense, it
would seem that the attorneys for the
defense were not going to rely on
proving that Bob Logan was not
John Hollandsworth the man wanted
by the Tennessee authorities.
As this is being written, the case
is still going on.
Following the account of the trial
as given in yesterday's paper, Dr. J.
A. Davis, of Norman, Dr. M. T. J.
Capshaw of Xorman, Dr. S. T. Burch
of Norman, Dr. Wilson of Lindsay,
Dr. Trollea of Purcell, and Dr. Wal-
ter Capshaw of Norman were all
called and testified that in their opin-
ion Bob Logan is not a sane man.
Some were more positive than oth-
ers, but none of them offered any
very substantial reasons for their
opinions that Logan is insane other
than that as physicians they person-
ally thought the man not a rational
person. Dr. M. T. J. Capshaw did not
base his opinion on any examination
that he had made since Logan's last
arrest, but upon observations he had
made during former treatments he
had given the prisoner, lie had e\
amined the prisoner since he had
been placed in jail but owing to the
man refusing to talk or submit to
tests lie could not tell whether li
was really insane or just feigning in-
sanity.
G. I*. Peery, Oscar Haynes, R. S.
Bryant, and R. R. Greene all testili
ed that in their opinion Logan is not
a sane man.
After supper last night Sheriff
Stroud of I ennessee was put on the
stand by the state in rebuttal testi-
mony to the defense's insanity pica.
Mr. Stroud told of a talk with Logan
at the house just after his arrest in
which Logan denied being Hollands-
worth. He also talked with him tile
next morning at the jail, and made
him a proposition that if lie would
go back to Tennessee and prove he
is not John 1). Holland s worth he
would pay all of his expenses and
give him $5 a day for his time. Logan
replied that his attorneys had told
him not to talk. Logan later told Mr.
Stroud he was from North Carolina.
Mr. Stroud talked with later again
when he came back from Altus, but
Logan would talk no more when he
came back from Tennessee a few days
ago. Mr. Stroud admitted that Logan
now acts strange, but saw no strange
actions when he was arrested, nor up
to the time lie left for Tennessee.
Sheriffs Sale and Abbott told* of
Logan s arrest, the finding of the
loaded guns, and tile prisoner's con-
duct in the jail. They testified that
Logan s strange actions all came on
him after he had been in jail a while
Dug Maxey told of prisoner's con-
duct in the jail and notwithstanding
Ins strange actions lie testified that
lie thought the prisoner only "put
ting on."
Hi Downing, Will Xewblock, C. H
Hessent and J. B. Cummings all told
of former dealings with Logan and
•ill testified that they never had
Thought of the defendant as an in-
sane person.
J. 1.. Webb of Joplin, Missouri, was
again put on the stand. Mr. Webb's
father was killed by John Hollands-
worth after the killing of Higgins.
He knew Hollandsworth and identi-
fied Logan yesterday as Hollands
worth, lie testified that Hollands
worth had a habit of mumbling t>
himself, especially when a bit mad.
■ I lii- was a blow to the defense as
| they were trying to use this same
| thing in Logan as an evidence of in-
sanity when in reality it is only an
eccentricity.
I he hardest blow the defense re
eeived, however, w is when Drs. Bobo
and Griffin were called and told of j
having been asked to go to the jail
by the attorneys for the defense and !
examine Logan for his mental condi j
• ion. Both doctors related in detail i
the examinations made and both tes '
titied that they believed the defendant
only feigning insanity. They found j
scarcely no evidence of insanity what- '
ever. Dr. Griffin has been employed j
in the treatment of insane persons for
many years and he is to be given
credit for knowing something about
insane persons. Dr. Bobo is also rec-
ognized as a physician of high rank
and his evidence is entitled to very
high consideration. It is thought that
the evidence of both these men had
much to do with the court's decision.
I he case lias presented some re-
markable phases. If Bob Logan is
John Hollandsworth he is a fugitive
from justice. A fugctive from justice
cannot acquire a citizenship in any
other state, therefore Logan's insani-
ty is no matter for the Oklahoma
courts to determine. The only mat-
ter for the Oklahoma courts to de-
cide was Logan's identity. The matter
of determining the insanity of the
man belongs to lennessee. The costs
in this case have been saddled upon
the wrong taxpayers.
In the matter of determining the
man's identity the attorneys for the
state of Tennessee, under the able
lead of Judge \Y. J. Jackson, com-
pletely put the defense to route and
proved beyond a reasonable doubt
that Logan is Hollandsworth, the
man wanted. Then when Judge Jack-
son so completely proved the defen-
dant's identity that the defense whol-
ly abandoned that part of their peti-
tion, he also brought in such an over-
whelming amount of rebuttal evidence
to prove Logan sane that lie complete
ly convinced the court that Logan
hould neither be held here in an in-
sane asylum or be turned free.
Of course the case is not ended
even here in the Oklahoma courts,
perhaps, and even if it is ended in
the Oklahoma courts, the requisition
of tile governor will have to yet be
secured before the prisoner can be
taken back to Tennessee. But what-
ever other move the attorneys for the
defense make Judge Jackson has
shown that he will be able to meet
them and that ultimately lie will get
the prisoner back to Tennessee to
answer for the crimes charged to him
1'hc decision last night is already ,i
big feather in Judge Jackson's hat
and has put him in the category of
the really big lawyers of the state.
WATER SUP'T. RECOMMENDS WATER RATES 6E LOWERED
Hie Norman city council met in f rates so as to redu., the price he-
regular session Tuesday night hold- [ ginning with the 1st ,,f January from
mg a lengthy session adjourning to! 65 cents per 1,000 gallons to 50 cents
meet again next Friday night to fin- per 1,000 gallons and the city attorney
ish up the business. There was very was instructed to so amend the or-
little real business transacted outside | dinance on water rates.
of the allowance of bills | tm,„ ~
' he paving question was broaght
1 here was considerable talk, how- , up and paving engineer Dudley Alex-
ever, the question of whether per-j andcr reported that a petition against
mission should be granted for the j paving on Cray Street from l'eters
erection of an iron building within
the fire limits being discussed at great
length, passed, reconsidered, and pass
ed again, giving S. 1. Higgins permis-
sion to erect an iron building to be
used as a skating rink on the vacant
lots on West Main street near the
Santa Fe avenue.
The "Panama Ditch" dug at so
much cost to the city, is also threat-
ening trouble, as some of the proper-
ty owners are beginning to make de-
mands on the council that they do
something with this ditch, and the
public improvement committee was
instructed to investigate the matter
and report to the council at the next
meeting.
1 he matter of the claim against
Geo. Miller for sewer line construct-
ed through the Miller-Classen addi- ,
tion, a part of which expense Mr. "K'llrct' lll' 'I'0 difference in
the cost of pctrolithic and asphalt and
found out that on the streets propos-
ed to pave in Norman that something
like $80,000. Could be saved to thtf
taxpayers by using pctrolithic instead
of asphalt and he was fully convinced
that pctrolithic paving would be ful-
ly as good if not better than asphalt
changing some water pipes. The city paV'"B ,h's city- '"he mayor and
attorney reported that Mr. MilW w.-.s ot'ler members of the council all be-
gun making excuses for not having
to Porter Avenue was sufficient to
take that street out of the paving dis-
trict. 1 lie protests filed against pav-
ing on Crawford and Porter avenues
were not sufficient and the petition
on Asp avenue sufficient to defeat any
kind of paving save petrolithic. The
suoject of paving was then discussed
at some length, Councilman Monnett
insisting that the members of the
city council, before any advertising
for paving bids was made, visit Chan-
dler and investigate the paving being
laid in that city at the present time.
lie said that he had \isited Chandl-
er and examined carefully tile paving
that they were constructing and was
will pleased with it and firmly believ-
ed that it would make a most excel-
lent and paving for Norman and
would wear a life time. He said that
Miller agreed to pay but which be
has not paid, although the city at-
torney received instructions to col-
lect the same several months ago,
came up afresh again by Mr. Miller
filing a claim for $25 for damage sus-
tained, and for filling a water ditch
by reason of the city taking up and
visited Chandler and an effort was
made to get all to go and fix a time
SANTE FE LOSING
attorney reported that Mr. Miller wa
ready to settle when the city allowed
his claim as filed. The council ap-
pointed a committee to investigate. ! - -
The superintendent of water works! MCnu'1' to be so busy and one
informed the city council that the "u'"ll,er saicl he had made up his
revenues coming in from the water i °^,er* feared that they
works had increased to such an ex ' W<IU'(' not he able to determine the
tent that he recommended to the city I ''''irdctcr of the paving, not being
council that they an,end the waterj Continued on page elfbt
Record
Breakers
Guthrie, Okla., Nov. 8.—An affida-
vit by James Peabody, statistician of
the Santa be railroad, was filed in
the U. S. circuit court here Saturday
by the attorneys for the railroad in
the rate injunction cases before Judge
Hook. The affidavit gives the receipts
on inter-state freight business from
the time the corporation commission
freight orders became effective to
June 30, 1909, as $205,026.89 less than
for the same period of the preceding
year. From December 1, 1907, to No-
vember 30, 1908, the road hauled 237,-
431 more passengers in Oklahoma for
5.936,783 more passenger miles than
for the preceding year, but the re-
ceipts were $65,525 less. The los, on
interstate passenger business due to
the Oklahoma two-cent fare is plac-
ed at $130,309 and the affidavit de-
clares that had the roads been permit-
ted to charge three cents as formerly,
the inter-state passenger business in
Oklahoma would have shown an in-
crease of $222,414 instead of the loss
of $65,525. All the rates are declared
unrcmunerative.
CHARGES AGAINST ABERNATHY
Oklahoma City, Okla., Nov. 4.-
Thomas F. McMechan, Oklahoma
< ity attorney, declares that lie will
lile charges with the department of
justice against United States Marshal
John Abcrnathy as a result fo Abfcr-
nathy's assault on him, on the depot
platform in Guthrie, Monday. Mc-
Mechan has returned home. ( apt. J
11. Grant, who was with McMechan
at the time, will corroborate Mc-
Mechan's story when it is presented
to the authorities in Washington.
I 1 OH
Michaels-Stern & Co
N. y
Our New Suits
cetttainey "bea t the
hecoht). we have dis
tanced ovr -best of
east season. and
that's no o'rdijva hy
achievement. we de-
tehmined to make it
difficult fo"r anyone
to "pick a flaw itv ovr
suit stock. and a catte-
ful glance will show
what it is tossihle to
do when fa duics a he
Carefully Chosen
and Tailored
we ha v£ a GH.ea t show-
ing of fall suits. tuhn
theh inside out. £l/£kj)
stitch. eve-ry little
de ta il sho wj the touch
of the masse-r tailoh:
no hu'r'ried wohk no
s k I m r i n g-n o thing
slighted this is why
ouh suits fit so "per-
fectly and hold thei'r
sha tes so much long eh
and better than any
other kind at trices
from
$8 SI 0 $12.50 SI 5 and up
name your trice and we ll more than meet
your expectations at every voint.
THE EPHRAIM CLOTHING CO.
D. W. Gooding returned to his
home at Duncan Thursday afternoon.
One Price Men's Outfitter
Norman,
Okla.
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Allan, John S. The Peoples' Voice (Norman, Okla.), Vol. 18, No. 18, Ed. 1 Friday, November 12, 1909, newspaper, November 12, 1909; Norman, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc118290/m1/1/: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.