The Perry Weekly Times. (Perry, Okla.), Vol. 2, No. 32, Ed. 1 Thursday, June 13, 1895 Page: 4 of 8
This newspaper is part of the collection entitled: Oklahoma Digital Newspaper Program and was provided to The Gateway to Oklahoma History by the Oklahoma Historical Society.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
SENSATIONAL,
Judge Burford's Decision in the De
Steiguer Bank Case.
ALLOWED AND DISALLOW ED.
An hxhaustl'
«Or l Decision of the Co
\ frttt-rdity lo Paulo*
Keport ot Harper S.
iilii*liaiu. Receiver
ie National
of (•utlirle.
Below
of Judg
United Stat
York again
Guthrie
decision
promine
publicat
follows:
In the United
given the decision in full
liurford in the ease of the
National bank of New
the National bank of
tin1 DeStiguer bank.) The
N ([inte lengthy but the
L'f of the case justifies the
,n of it. The decision is as
Court of Logan
tiona
dant,
apf
tat
county. Oklahoma:
Th.- United States National ltank of
N..W York, i'laihtitf, against The Na
Hank of Guthrie, et al, Pefen
iriginal decision of the court on
al of receiver's report:
The matter which has been on trial
111 this court for the last preceding
two days is the matter involving tin
11,V.Hints of the receiver of the Na
ti,.mil bank of Guthrie; an action by
the United States National bank of
New York Bgainst the National bank
of i .nthrie. A receiver was appointed
to tak,' charge of the assets of the
bank and to dispose of the property,
reduce it to money and wind up the
affairs of the bank
There are some matters connected
with Hi.'trial of this cause and with
its results which are very unpleasant
for the court to deal with, from the
fact that it affects the court and oth-
,.,.rs of the court. Notwithstanding
that fact they have to met and dealt
with.
GKAVK CHAKGE
The action was originally brought
bv the United states National ltank o
New York, by Mr. Wisby acting as at
tornev against the National bank o'
Guthrie, of which Mr. Cunningham
was at the time attorney. The peti
t ion is quite volumnous, and eithe
one or two supplemental petition were
afterwards tiled in which very serious
and grave charges are made against
the president of the National bank
Guthrie, one PeSteiguer, in which 1
was charged that he was using th
stiM-k of the bank, issuing it irregular
h and without it having been paid
for; that lie was converting and divert-
ing the cash in the bank from its prop-
iMM-hannels; that he was issuing stock
to the cashier, book-keeper and othe.s
who were in his employ without the
stock having been paid for, and then
loaning the cash of the bank upon the
stoek to these parties in large sums,
and that the stockholders were being
practically robbed by the president of
the hank." The bank appeared, also
the president, through their attorney,
mr. tmi..i..Ri - '"e ap-
pointment of a receiver, claiming that
the bank had paid all its depositors,
and that there were no creditors of the
bank and that it was simply a matter
of liquidating the matter as between
the stockholders of the bank. The
matter was pending in the district
court for some time before final action
was taken upon it. Mr. Cunningham
appears to have been acting as attor-
ney for the bank, from the records in
the case, up to within a very few days
before the appointment of a receiver
was made. The evidence in the ease
shows that at the time the receiver
was appointed he had an unliquidated
claim against the bank—he was a
creditor, in a sense, of the hank: that
be bad a contract with DeSteiguer,
who was president of the bank, for
the purchase of certain claims that he
had against the city of Guthrie which
were yet unadjusted and undetermined
and which, if the bank was a party to,
would have placed him ill the position
of having an adverse claim to the
bank at the time he was appointed re-
ceiver. Judge E. li. Green was at that
time the presiding judge of the dis
triet court of Logan county, and as 1
said before, Mr. Wisby was the attor-
ney for the United States National
bank of New Y ork, who was making
these charges against DeSteiguer, as
president of the National bank of
i .nthrie, and was demanding the ap-
lintinent, of a receiver in order that
:issets might be handled by some
person who would not waste them and
leave the stockholder, without any
protection. Several of the other stock-
holders joined with the United States
National bank in this application.
( I NSISOHAM AITOINTKI) HECK1VKH.
On the 13th day of June, ISM, the
court, having the matter under con-
sideration. appointed Mr. Cunningham
receiver of the bank. At that time,
according to Mr. Cunningham's testi-
mony. lie had resigned as attorney for
the bank, having been prior to that
time employed under a contract run
ning over the period at which the re-
ceiver was appointed—that lie had re-
signed and been discharged as attor-
ney for the bank. The evidence shows
that immediately prior to the appoint-
ment of the receiver, there were two
applicants or two names presented to
the judge for the position, the re-
ceiver who was appointed and Mr.
McNeal, who was the president, as
the evidence shows, of the Guthrie
National hank. The evidence shows
that immediately prior to the appoint-
ment of the receiver Mr. Wisby con-
sented that Mr. Cunningham might
be appointed receiver of the bank if
he should be made attorney for the
receiver. At that time he was acting
as attorney for the stockholders who
were asking and demanding the ap-
pointment of a receiver. Mr. Cunning-
ham informed him that he was will-
ing to appoint hlin attorney for the
receiver if the court would approve
the appointment. It seems that the
eolirt did approve the appointment of
Mr. Wisby and lie then became the
attorney for the receiver. The order
of appointment was made on the 13th
day of June.
.IIMKIK o 10 KN A BOKKOWKR.
The evidence shows that either
on the Ultli or on the lSth, and I
think the weight of the evidence
Khow- upon the Hth, the day after
the appointment was made, and be-
fore the receiver had qualified, Judge
Green went to Mr. Cunningham and
informed him that he was in need of
$',00 and he must have it at once: that
Mr. McNeal had a claim against him
for that amount and it must be paid
at once, and asked Mr. Cunningham
to lend him the money The evidence
shows that this request was made the
day after he had made the order ap-
pointing Mr Cunningham receiver to
taUe charge of the assets of this bank,
and while Mr. Cunningham was en-
gaged in the duty of procuring a bond
,s receiver. Mr Cunningham inforin-
d him that he could not lend him the
money, but that he would endorse for
him, or aid him in securing the loan.
The evidence shows that Mr. Cunning-
ham then went to DeSteiguer, the
president ef this bank, against whom
these charges had been made, and
ise conduct had been such as to at
t east suspicion upon all his rela-
tions to the bank, and told him that
ludge lireen must have $5oo, and
asked him to loan it to him. and Mr.
DeSteiguer stated he would make the
The evidence further shows
thai DeSteiguer took out of the assets
f the bank $500, after the order ap-
pointing the receiver had been mauc,
nd loaned it to Judge < Ireen and took
his note for $1,010, dating it in May
previous to the appointment of the re-
ceiver in June, and making it become
lue in July after the appointment of
the receiver. The evidence does not
liselose how the note came to be for
$1,UK), rather than for the amount
loaned. The Inference would be that
he was already indebted to the bank,
and I presume from the circumstances
that he was indebted at the time in
the difference between $1,010 and the
$500 loaned at that time.
JUDOS K. H. OREKN'S NOTE AS ASSETS.
Mr. Cunningham qualified on the
Kith, either one or two days after this
loan was made, and the assets of the
bank were turned over to him on that
day, and amongst them was this note
of .ludge Green's—of E. H. («reen s
for $1,010, dated, as I say, in May pre-
vious and payable in July subsequent.
There are numerous proceedings in
the case, as a part of the history of it.
objections were made to Mr. Cunning-
ham as receiver. Applications were
made to remove him from the trust at
numerous times; objection was made
to Judge Green acting in the case as
judge; an order was made granting a
change of venue in the judge, and
sending the case to Kingfisher county.
Application was made by the national
bank examiner for leave to examine
the assets of the bank and to have ac-
cess to the books, and numerous pro-
tests and objections and proceedings
were had during the pendency of the
cause.
NO VOI CHKR8 KEPT.
It is now contended as a matter <>f
law, under the evidence in the case
t|iat but before coming to that
point, 1 will say that in the manage-
ment of the trust the receiver has
taken no vouchers, preserved no
vouchers and taken no recepts for
any of the money expended, with the
exception of one or two items. A total
of o7er $17,000 has been collected and.
according to the receiver's report, has
been expended No roi^pts liavo
been taken or kept for any of tins
money expended and we are leftso ely
to the testimony of the receiver in de-
termining for what purpose or how
this money was expended. If this
was an ordinary business man — I have
said an ordinary business man, 1 will
retract that—if this was one who had
had no experience in business, who
knew nothing of the management of
business affairs, it might be excusable
that he had preserved no vouchers nor
hid taken any receipts; but for one
who, as the evidence shows, has been
in the practice of law for twenty or
twenty-4ve years, in the general prac-
tice of law, and had come in contact
with these matteis, it is inexcusable.
So far as the evidence shows, the
trust has been extravagantly man-
aged to nay mind a great many of thu
expenses are unwarranted and inex-
cusable.
)URT AND RECEIVER.
P<
DUTIES
It was argued in this case that it
was the duty of the court to protect
its receiver; that he was the arm of
the court, acting for the court, and it
was the duty of the court to see that
he was protected. It is as much the
luty of the court, and more, to protect
the parties whom the receiver is act-
ing for, as well as the court. \N hile
he is an officer of the court, and repre-
senting the court, he has a duty to
perform to the persons whose assets
and whose property he handles, anil if
there is nothing of record in this
court and the court can only speak by
its record, to determine what has been
done by the court, the court is now
left free to determine this matter
from the evidence.
I'NKXl'AINAHI.K JUDICIAL CONDUCT.
If .1 udge Green, after becoming im-
plicated and complicated as he did in
this matter, had made orders and
placed them of record, and they had
been objected to in this proceeding, 1
would have set them aside and vacated
them, and held them for naught. 1
have the highest regard for Judge
Green aud the highest esteem for him
as a court, as a judge on the bench.
While 1 was associated with him I
found hi in always a gentleman, and as
I believe, thoroughly honorable. This
matter is unexplainable to me, but it
was a mistake. A judge who would
go to one of his oflicers just after lie
was appointed and ask him for a loan,
when he knew that that officer was
taking possession of a valuable trust
which he was to administer, which
placed himself under obligations to
that oflieer, thereby unlits himself,
disqualifies himself to manage that
trust on behalf of the receiver or to
advise or control him. A judge must
be disinterested in order to determine
the rights of litigants before him; he
must be disinterested as between his
receiver and those for whom the re-
ceiver acts; lie must be indifferent in
order to act judicially. If this loan
had been made at a date previous to
the time the receiver was appointed it
would place a different light upon the
matter, but 1 hold all these parties
culpable in this matter, and 1 cannot
view it in any other light as a court.
Judge tlreen had no right as a judge
of this court to ask for a loan from
Mr Cunningham. Mr Cunningham
had no right to ask Mr. DeSteiguer
the president of the bank, to loan him
the money; Mr. DeSteiguer had no
right to tako the money out of the
bank at that stage of the proceediegs
and loan it to Judge (ireen. VVhil
there may have been nothing criminal
intended in this conduct, and I infer
there was not, because I desire to give
the parties the benefit of the best of
faith in the matter, yet the conduct of
the parties was such as to lead to the
inference that there w as some under-
standing between these parties, and
the conduct was such as that, from
that time on, their conduct would re-
Quire the closest scrutiny in the trans-
action of the business, and as I stated,
Judge (Ireen having rendered himself
disqualified by his conduct in the mat-
ter to pass upon this receiver's ac-
counts, or to have advised or instruct-
ed him. I do not feel myself bound in
any wav by any oral orders that he
has given, or any verbal instructions
that lie has given the receiver, but
must treat the matter now as if it was | from anybody
an original presentation of the matter
to this court giving the receiver the
benefit of whatever lie may be entitle,1
to from the fact that he did receive
oral or verbal instructions from the
judge.
.1. E. TI'RN'KR A TOOI. OK I K STEKlUER.
After Mr. Cunningham qualified, he
appointed Mr. J. E. Turner, who
was then cashier of the bank, his
confidential bookkeeper in the matter
The evidence shows, and it must have
been known to Mr. Cunningham at
the time, that there lias been trans-
ferred to Mr. Turner 810.000 worth of
stock of the bank, and lliat he had ex-
ecuted his note for $10,000 to the bank,
and borrowed 810,000 from the bank,
which went to DeSteiguer. Mr. Cun-
ningham must have known that fact,
and if lie did not know he should have
known it, because the facts, as re-
ceiver and as former attorney of the
bank, were all at his command, and as
receiver he should have known that
Mr. Turner had permitted himself to
be used as a tool by DeSteiguer to di-
vert $10,000 of the funds of the bank
away from the proper claimants. The
videnee shows that Mr. DeSteiguer
took S '0,000 of the stock of the bank
aud negotiated, as I said, a loan with
the United States National bank, of
New York, for $30,000, which the evi-
dence does not disclose where it went
to. It is claimed on the part of the
plaintiffs in this ease that it went into
the bank. Mr. Cunningham as re-
ceiver shows an absolute lack of
knowledge upon the subject as to
where it went; he has not examined
the books of the institution to deter-
mine. though the facts are disc'osed
that prior to the appointment of the
receiver and prior to the time this ac-
tion was brought, *10,000 were loaned
to Turner and 810,000 to another em-
ploye in the bank, the bookkeeper,
who had a similar amount of stock
transferred to him, and about 83,000
peremptory order of removal and ap-
pointed some one to act who would. I
think it was the duty of the court and
the duty of the receiver to permi . the
fullest inspection an,I examination of
the assets If the receiver was prop-
erly appointed and had the right to
hold the assets, all the force of the
government could not take them from
him. The court had the full power
to direct its receiver and to direct the
assets in the hands of a receiver, and
if the power of the court was not suf-
ticient without having the receiver to
take a trip to a distant city to keep
out of the way of a bank examiner,
then I would abolish the court, or re-
sign, or something.
I'Kel'l.IAH ACTIONS OF JUDGE GREEN.
Now during the tunc that Mr Cun-
ningham was away, it seems that
there was an effort being made to have
an inspection of these assets. Judge
(ireen afterwards went away, but af-
ter liis return an order was made per-
mitting the bank examiner to examine
the books, hut the order speciiically
provides that he shall have uo inspec-
tion of any of the notes or property or
, of the bank. They seem to be
still fearful that something will be
iiselosed in au investigation or exam-
ination. Now this seems strange to
me: It may have been that these par-
ties were all acting in the best of
faith, but to my mind it presents a
very peculiar state of affairs. As I
said before, a judge of the court had
made a very peculiar arrangement
with the president of the bank, after
the time of appointing a receiver; and
the receiver had been a go-between,
at least, while he claims that he did
not know the money came from the
bank, and I give him credit for that;
yet he at least made an open request
of the president to make the loan to
the judge. An inspection of the books
and assets would have disclosed that
matter at once, and that is the only
reason why 1 can see that there should
have been any objection upon the part
of the receiver or the court, or their
counsel or of the president of the
band allowing an inspection of th
bank and its assets by the bank exam-
iner at the time. As I stated, that
would have diseloed the matter and
would probably have resulted in a re-
moval of the receiver and of a change
from the judge at the time.
rOWF.HS OF THE COURT.
This matter is carried along for a
period of over three years and it comes
up now for final determination on the
accounts of the receiver. It is very
hard to determine as to the question
of what the receiver is entitled to
credit for. There are some instances
ill which the oral testimony is not cor
roborated by the record in the case
there having been no receipts taken
the report on its face
presents one state of facts while the
oral testimony prasents another. Cer-
tain items in the report of credits
show to be for one thing when the
testimony of the receiver shows it was
for another purpose, but connected
with the same matter. The law says
that all inferences must be taken
against the receiver and all presump-
tions laust be taken as against him.
The court must determine the credits
that he is entitled to and must deter-
■nine the amount of his allowance
The court is presumed to know what
he has done, but, as I remarked be-
fore, the judges of the court some-
times change, antl while the court is
presumed to know, as a matter of tact
the judge does not always know, what
has teen done, so that we must rely
upon the record in the case, the oral
testimony in the case, the evidence,
and such light as we can gather from
the history of the transaction, as to
what should and what should not be
allowed.
out of season and in season, aud may
contract extraordinary indebtedness
and make extraordinary expenditures,
and the practice be carried on for a
period of two or three years, with no
one having any knowledge, except
the receiver and the judge, as to what
is being done in the matter, and then
on final hearing the creditors, the
stockholders and those interested are
to be precluded from being heard by
reason of the fact that the receiver
acted under the instructions of the
judge, then there would be absolutely
no protection for a stockholder or
creditor. It would be an unreasona-
ble rule, and one which the law does
not fix, and one which courts would
not lay down. There is no such rule
of practice or of law, and the court
cannot be concluded in determining
this matter by the conduct of the
judge, or of the receiver in their rela-
tions to each other, even if the courts
should have found differently that the
judge was qualified to act in the mat-
ter.
DKCHhiK OF JUDGE BURFORD.
RETRIBUTION,
A Former Oklahoma Woman Le v«s
Her New Born Babe to Die.
THKEE YEARS IN fKlSON.
luitl Detected,
lie space of
to Hide
He
I have examined the report and Uie
objections aud gone through the tiles
in the case with a great deal of care
I am anxious to do justice to all of the
parties in this matter to see that the
receiver is properly protected in all
matters in which he is entitled to pro-
tection, and to see that the stockhold-
ers are dealt with fairly and honora-
bly in all matters in which they are
interested, and it is no easy matter to
arrive at a conclusion in the matter; it
is a matter surrounded with a good
deal of difficulty to get at a correct
conclusion, but I have endeavored to
arrive at a just conclusion as between
these parties and the receiver, and to
determine the rights of all the parties.
The matter is before lue on the objec-
tions to the report of the allowances
and credits asked for by the receiver.
The objections will be sustained in
part and overruled in part. And in
order to have the record show in what
part it is overruled and in what part
sustained, it will be necessary to refer
to the several items which are disap-
proved; those which are not disap-
proved will stand as approved by the
court.
The court then proceeded to disal-
low certain specific items of credit
claimed by the receiver, making a to-
tal of 812,537.80 and allowing the re-
ceiver 84,780, leaving a balance to be
accounted for of 86,'191. SO.
TECUMSEH TAKINGS.
NO KKl'OHI) OF COURT
It seem to me that, i
law, the relation of
receiver are well setth
1R0KKS KEPT.
,s a matter of
a court and its
■d; the relation
courts are to be made the willing tools | to DeSteiguer himself and a sum in
of their officers, for the purpose of
taking the money and misappropriat-
ing it, and extravagantly using it,
which belongs to the trust, then mere
would be no protection for property
when it went into the hands of a
court. Courts must not be used for
that purpose, and if their officers mis-
appropriate the property in their
hands or resort to extravagant ex-
penditures and unauthorized expendi-
tures, it is the duty of the court to see
that that officer is called to an ac-
counting. and that the parties inter-
ested in the trust are protected. At
the same time it is the duty of the
court to see that its officer is protect-
ed, so long as he faithfully discharges
his trust, and the court wilt protect
him. If he is unfaithful in his trust,
then the court can only protect him so
far as he lias been faithful, and must
protct those who have an interest in
the funds.
.IfUOK (1HKKN'H WRITTEN HTATKUKNT.
It is contended further in the argu-
ment in this case that the receiver
acted under the advice and instruc-
tions of Judge (Ireen in al! his con-
duct as receiver. There have been no
orders of court made; there is no rec-
ord of any advice or instructions given,
hence we are left in this matter alone
to the testimony of the receiver and to
a written statement made by the
former judge of this court as to what
he did authorize, which is in the na-
ture of an ex parte affidavit. It is a
duty of the court to recognize as con-
clusive any orders of the court made
in the due course of the proceedings.
While the judge of the court changes,
the court remains the same; it is the
same cou-t sitting to hear and deter-
mine this matter that appointed this
receiver, the same court determining
what his compensation shall be, and
what credits he shall be allowed. The
court is never disqualified to act, but
the judge of the court may be, aud as
excess of 85,000 to a lumber company
f which DeSteiguer was the proprie-
tor; so if his $30,01)0 secured from the
I nited States National bank, of New
York, did go into that bank, it was
immediately gobbled up by DeSteiguer
and his employes in this kind of a
manner.
I.OOT1NO THK BANK.
Now, it does seem to me that there
is no other conclusion that one can
reach, but that DeSteiguer aud his
employes were looting that bank at
the time this action was brought and
that In- was an unfit person to repre-
sent that trust, and that his book-
keeper, having permitted himself to
be used as a pliant tool in looting the
bank, was an unfit person to represent
the receiver in this matter. Hut the
receiver took control and took
such assets as Mr. DeSteiguer
turned over to him. The evidence
shows that immediately afte-ward
the national hank examiner, or some
one representing the treasury depart-
ment, demanded an inspection of the
books and assets of this bank, and
Mr. Cunningham confesses that he
left the territory and went to Kansas
City and staid away to keep that ex-
aminer from getting access to tlie
property of the bank. He gives as his
excuse for it that he was fearful that
if the examiner got hold of the prop-
erty he would not turn it back to him.
I do not know what may have prompt-
ed Mr. Cunningham, as receiver, but
to my mind that is inexcusable. If 1
had appointed, as judge of this court,
or as this court, a receiver for that
bank, aud the national bank authori-
ties, by the proper officer, had de-
manded the right to Inspect the hank
for the benefit of the government and
treasury department, holding at that
time its assets and being responsible
for the redemption of its circulation,
and that receiver had refused to allow
such inspection, 1 would have made a
of a receiver to the trust is a matter
that is not complicated or in doubt.
As a matter of practice, and as a mat-
ter of law, in equity, in cases of this
character if the receiver desired to
make any expenditure of money aside
from that w hich came in the regular
course of the business of closing up the
bank's regular affairs, it was his duty
to have presented to the court a peti-
tion, stating the matter to the court,
and asking for authority from the
court to make that expenditure, that
order should have been made and
placed on record in this court, in order
that every one adversely interested
might have had their right at that
time to have made their objection and
to have been heard; in owler that the
court, in determining the matter might
have had the benefit of the advise and
information of those who might be ad-
versely interested. If the receiver de-
sired the advice or instruction of the
court, it ought to have been asked for
in open court, and given in opencourt.
If it did not arise to the diginity of a
judicial act then it ought to have been
of that character that it was free and
open to all parties, that every one
might have notice of it. Applications
of that character might have been
made to the judge in chambers, but if
they were, then they should have been
made in writing, and the orders made
in writing, then they would have been
part of the files in the case, a part of
the tiles and records of the court; so
that 1 do not think there is any ijues
tion about the practice or about the
law. The receiver excuses himself in
this case on the ground that he asked
the judge to make certain matters
matters of record, and Judge Ureen
told him that it was not necessary,
that he was judge of the court, go
ahead and carry out his verbal orders
and instructions, when he came to ad-
just his final report, that he would
know what had been done and what
should have been done, and lie would
arrange the matter on the final adjust-
ment aud make his such allowance
and give him such credits as he had
theretofore directed. Judge Ureen is
a good lawyer, and if lie had been en-
tirely disinterested in this mat-
ter ' I would feel that I might
be mistaken about the law
myself, because I had great confidence
in his judgment as a matter of law,
but surrounded as he was and compli-
cated as he was in this matter, I can-
not attribute this conduct to his knowl-
edge of the law, or to his want of
knowledge of the law. If that should
be the practice, and should be held to
be the rule that, after a receiver is ap
pointed for a valuable trust that he
may be controlled by the oral dlree
Hons of the judg
Tf.cumseh, June 2, 1895.—[Special
correspondent.J Court adjourned last
Tuesday till June 25th.
Decoration Day was observed here
although the heavy rain in the after-
noon stopped the exercises in the park.
In the morning the line of parade was
full three quarters of a mile long and
was headed by a large four horse
omnibus drawn by four magnificent
bay horses, it contained eighteen
young ladies who composed the decor-
ation committee. Next in line was
the veterans and families in wagons,
then citizens in all kinds of vehicles
with mauy equestrians all proceeded
to the Mission cemetery, at old Shaw-
nee, where the Indian school joined
with the decoration committee aud as-
sisted in decorating the graves of the
blue and the gray, after which all re-
turned to the city and listened to the
orator of the day. W. K. Asher de
livered an eloquent "In Memorlum"
address on our departed heroes and
the fruits of their sacrifices. After
noon the best rain of the season began
to fall and continued with slight inter-
missions nearly all night.
l'attowatomie county appears to be
blessed with a large share of the
necessary fluid and does not need irri-
gation at present. A tiying trip by
the writer to the railroad at Norman
gave us the opportunity to compare
the condition of crops here acd in
Cleveland county and the result is in
favor of our county nearly 50 percent,
as everything appears to be smitten—
that is connected with the present ad-
ministration—with paralysis. We
thought the naming of that drought
stricken county, Cleveland, mighthave
been the cause of its forlorn look and
the Coxeyites being in the majority
there. They should get the name
changed so that it might receive its
full share of the fluid in the future.
On the 6th of June the new railroad
town of Earlborough. formerly Flor-
ence, will be formally opened. It is
in the east part of the county, near
the Seminole line, and great things
are hoped for it.
Olney and several other towns in
the Kickapoo "died a bornin'."
Shawnee has already felt the blight-
ing effects of the railroad appeal 'n-
junction and the migration of its
transitory population to McLoud and
other more favored locations.
Tecumseh keeps on in the even
tenor of its way and like the still saw,
is getting there. Kre long the 11,0.
G. will be ringing its beils and the
"All aboard for Guthrie" will make
music to cheer up some of our faint-
hearted residents.
The court granted a new trial to the
men convicted of murdering Deputy
Sheriff Turner.
A man by the name of Wilson was
arrested by Deputy Marshals Charley
Fox and Johnny Jones for the sup
posed murder of his uncle, named
Zack Fetch. Wilson was in posses
sion of the effects of the old man
when arrested. The body was found
under logs in the water with the head
crushed. The murder was supposed
to have been committed about May li.
Wilson was taken to Fort Smith for
trial.
The Crime Commuted, Crli
Tried ami Sentenced la
Poor Day. — Sought
Her Shame aud S
Legitimate Chil-
dren lil.grace.
From Wellington, Kas., comes the
following sad story of shame and dis-
grace, ending in the unnatural mother
being sent to the penitentiary for a
term of years. About a week ago
Mrs. Shroyer deserted her baby at
that city, leaving it in a cyclone cel-
lar to die. Ill live days she was ar-
rested, identified, found guilty and
sentenced to three years in the peul-
tentiary. Some regard the sentence
too severe, but the majority of people
agree that it is all right, ft is argued
that the woman committed the deed
to shield her shame and thus avoid
disgracing her grown daughters, but
that is not a valid excuse for what
might be the death of an innocent
child which was not responsible for
its being.
This is the quickest disposition of a
criminal case noticed in the west for a
long time. The crime was committed
and the criminal apprehended, found
guilty and sentenced, all within the
space of four days. The history of
the case is as follows:
About ti o'clock Saturday evening of
last week some boys playing in the
vicinity of the Fifth ward school
house of Wellington, found a little
baby girl not over two or three weeks
old in the cyclone cellar of an aban-
doned dwelling. It was taken to J.
M. Clayton's house near by and given
the food and attention it needed. The
little one was nearly dead from ex-
haustion and hunger and had evit
den ti v been in the cellar for a consid-
erable time. Mr. Clayton and other-
had heard the baby's cries the nighs
before, but supposing it belonged to
some neighbor, had paid no attention
to the matter.
As soon as the fact of the baby s de-
sertion was made known to the officers
a search was at once commenced for
the inhuman parent < r parents that
that had thus cruelly abandoned their
offspring Suspicion was soon direct-
ed to a woman who had arrived in
town the day before on the Southern
Kansas train from the east. She had a
baby in her arms when she alighted,
with which she went south from the
depot on Washington avenue and re-
turned sometime later without the
child. On Saturday morning she came
back to the depot again and inquired
the price of a ticket to different points
west. She had only money enough to
take her as far as Argon 1a ami a ticket
to that place was sold her. She in-
formed Mr. Purdy that she was a book
agent and expected to make enough
money there to take her where she
wanted to go.
Feeling certain that she was the
mother of the deserted babe. Marshal
Shawyer secured a warrant and going
out to Argonia Monday morning found
and arrested her there. She was im-
mediately brought hack aud placed in
the county jail.
After being a short time in jail she
concluded to plead guilty and did so
at the convening of court in the morn-
ing. Some people thought that a sen-
tence of three years wus too severe
as there were alleged mitigating cir-
cumstances. Her husband was killed
some time ago in a land contest case
in Oklahoma. A few years ago she
was well-off. but hard times anil the
betrayal of a young man who prom-
ised and failed to marry her, wrecked
her financially. Her claim was that
she could not support the baby, but
the rea! cause of the abandonment, it
is thought, was the fact that she had
several grown up daughters whom she
desired to shield from disgrace by her
shame.
She first said she thought the house
near the cyclone cellar was inhabited
and that the baby would be taken
care of, but she knew better, as was
evidenced by the fact that she left the
baby there in the afternoon and at
dark came back and nursed it, after
which she deserted it permanently
and tried to make her escape out of
the country. The woman is 44 years
of age.
out of court, and
Oklahoman: A number of millers
of the territory met at the Urand Ave-
nue hotel yesterday to discuss the
question of gettiug seed wheat for the
farmers of Oklahoma the coming sea
son. They fully realised the necessi
ty, and will do all In their power to
supply the demand. They desire to
secure 929,000 worth and will go to
Topeka and Kansas City about June
10 to confer with the railroad officials
and other parties about the matter
C. G. Jones Is the father of the idea
and will push it to a successful termi
nation.
The Cheyenne Sunbeam says the ex-
citement over the reported gold fields
on Elk has subsided, and, since the
rains, the farmers have concluded that
all lioger Mills county is a gold field if
treated right.
Report comes from the Koggy depot,
twenty miles northwest of Caddo, of
the killing of two I'nitud States sur-
veyors by an Indian. The surveyors
were running a line through the In-
dian's yard and it was necessary to
cut some small trees in the yard, at
which the Indian became enraged and
fired upon them with above result.
Awarded
Highest Honors—World's Fair,
DH
tW
W CREAM
BAKING
POHDffl
MOST PERFECT MAUE.
A pure (".rape Cream of Tartar Powder. Free
from Ammonia, Alum or any other adulterant,'
40 YEARS THE STANDARD.
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.
Greer, Bert R. The Perry Weekly Times. (Perry, Okla.), Vol. 2, No. 32, Ed. 1 Thursday, June 13, 1895, newspaper, June 13, 1895; Perry, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc127646/m1/4/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.