The Shawnee News. (Shawnee, Okla.), Vol. 9, No. 280, Ed. 1 Saturday, September 8, 1906 Page: 1 of 8
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ETTE1-TXW3- ESZTIOIT
HAWNEE NEWS.
The Newspaper That Is Making Shawnee Famous^-^Fear; God, Tell The Truth and Shame The Devil,"
VOL. 9—NO. 280
SHAWNEE, OKLAHOMA. SATURDAY, SEPTEMBER 8, 1906.
fO CENTS PER WEEK.
REPUBLICAN COUNTY CENTRAL COMMITTEE MEETS SEPT. 11th
THERE MUST BE 12
NOT RAPE.
T. C. W'
OKLAHOMA SUPREME
CH E8 THAT JURY h -t
COMPLETE.
•••e Appealed from Lincoln County
Probate Court Sent Back Because
Jury Was Short In Number.
In the Oklahoma supreme court the
case at Otto Bettge vs The Territory
ot Oklahoma, considerable Interest
centers. The case came up from Lin-
coln county on error from the pro-
bate court. The case was tried under
th- law passed by the last session of
the legislature, giving the probate
court enlarged powers in the trial of
cases and making the taking of cases
up on appeal or error go direct from
the probate court to the supreme court.
The plaintiff in error was tried for
selling liquor without license. A Jury
was called, which under the statute
referred to above provided for but six
jurors. To this the defendant object
ed but the court overruled the objec-
tion and the defendant took exception
and proceeded to trial- The jury
brought in a verdict against him and
he took the case to the supreme court
on error. The supreme court reversed
,ne^re lower court anu
r«m<iu *4 the bfl3 back to the court
or original juriuai^tion. In his opin-
ion in the case Judge Hftiner held that
the constitution of the United Btates
was applicable to Oklahjma. "A Jury
under the federal constitution and the
6th amendment thereto, is 12 persons
neither more nor less," and the con-
stitution guarantees a trial by an mis-
partial jury in a criminal prosecution.
The court holds that the statute of
Oklahoma providing that a person may
be tried in the probate court for a mis-
demeanor by a jury of six is in con-
flict with the federal constitution.
The ruling of the court in this matter
will very likely reach a number of
similar cases which have been tried
to a jury of less than twelve in the
various probable courts of Oklahoma.
The probate court of enlarged juris
diction as provided in hope of dispos
ing of many minor cases at less ex
pense to the taxpayers than had been
the case under the old iaw. For this
reason the provision for but six jurors
was made, but now the highest state
court has made that provision void
so that if any trials are had they will
have to be to a jury of twelve persons
I as the federal constitution provides.
Was Not Charged With
* Serious Crime.
a well known business
Union avenue, has r«-
■Sarlboro, where Chief
'm this week on a
.>ry, which he easily
om which he is now
An officer informed the News at the
time of the arrest of West that he waa
charged with raping a colored girl at
Earlboro, but there was no truth in
that report, and no such charge was
ever made against him. He is de-
clared by officers and friends to be a
reputable honorable colored man.
REPUBLICANS ORGANICE.
Enthusiastic Meetlnu Held at Tecum-
seh Frtiday Nlflht.
An enthusiastic meeting of Repub-
licans was held at Tecumseh, Friday
evening, and a Republican club of over
70 members, solid Republicans of the
best sort, was organized with the fol-
lowing officers. R. M. Van Winkle,
president; Bert Clark, secretary; J.
W. Saxton, treasurer. The new organ-
ization will cut a figure in Pottawa-
toiafe politics.
PEACE OVERTURES
REFUSED BY 6UERRA
A Fine Crop.
W. J. Irwin this year raised 1200
bushels of fine apples of the Johnson
variety, on his farm just 3 miles south
of Tecumseh and they were fine, red
aples and good tasting.
He also made 50 gallons of home
made wine, such as only Mr. Irwin
knows how to make.
CAUGHT A HORSETHIEF
PINO GUERRA, REBEL LEADER,
REFUSES TO GRANT
ARMISTICE.
Officer John Burnett today arrested
George Thorpe, an Indian, on Main
street on a charge of stealing a team
of horses from Jesse Rice, fourteen
miles northeast of the city near the
Sac and Fox agency. Thorpe admits
the theft, and is now in the city Jail.
The horses were also located by Chief
Sims and are now in Rices' possession
DEMOCRATS DEADLOCK
OVER THE NOMINEE
WIFE SLAVER TRIED
TO KILL OFFICER
MACHINE RULE DEVELOPED IM-
MEDIATELY AFTER THE CALL
TO ORDER.
Session Was Attended by Many Amus-
ing Incidents Before the "Great
Unwashed Surrendered.
EUFAULA MAN ATTEMPTS TO
KILL OFFICER WHO ARREST.
ED HIM.
Cut His Wife's Throat and Then Stood
Off ^ Posse Until Officer Waa
Badly Hurt.
Eutala, I. T., Sept. 8.—Henry Potts,
a mixed-blood negro and Indian and a
desperate character, killed his wife
here today by cutting her throat with
a knife. Potts was shot twice and was
captured only after a desperate fight
in which Deputy Marshal James De-
Priest was badly cut.
A posse had surrounded Potts'
house. DePriest saw Potts running
across a field. He took after him and
fired one shot, which brought Potts to
the ground, but when DePriest rode
up on his horse, Potts sprang at him
with the same knife with which he
had killed his wife.
DePriest grabbed Potts' knife hand
and as he did so fired four times at
Potts, one bullet making a scalp
wound.
DePriest tripped and fell and Potts
sprang upon him.
DePriest grabbed Potts, knife hand
and Potts grabbed DePriest's gun
hand. Neither could get In an effec-
tive blow. Clinched, they rolled
around over the cotton field until the
rest of the posse arrived and City
Marshal Bill Ransom beat Potts into
insensibility with a gun.
Potts was tied hand and foot with
barbed wire and brought to town and
iater taken to the jail in Muskogee on
a stretcher. He is a desperate char-
acter and has often been under arrest
for various offenses.
OKIAHOMANJONORED
A telegram today froui Green B. Pat-
terson, of the Indiahoma Farmers'
Union, has been elected one of the di-
rectors of the National Farmers'
Union. The others follow: C. S. Bar-
rett, Georgia, president; G. E. Mont-
gomery, vice president; R. H. McCul-
lougli, secretary; directors, Morris
Alabama; Miller, Texas; McAlester,
Louisiana; Butler, Kansas, and Camp
bell Russell, Oklahoma.
O. H. Shelton, of Snyder, was here
yesterday.
HAVE YOU s^e'rooM:
fashioned "Red Clover tloney?" The
real thing — made by bees -- comb,
honey and all. Price per lb. frame 20c
Every day we have nice Celery
Stalk 10c; 3 stalks - -
PLENTY of FRUIT JARS
1-2 Gallon Masons, doz.
1 -4 Callon Masons, doz.
50 lbs. best flour--Big C
1 7 lbs. best sugar for
Sweet Potatoes, peck
25c
$1.00
75c
90c
$1.00
25c
McNeii & Smiley's C. 0.
Phone 203 I 13 East
D.
The delegate convention in the thir-
ty-first constitutional district met this
afternoon at 2 o'clock In the city hall
auditorium with full delegations from
first, second, third and sixth wards of
Shawnee and Davis township No. 1
and 2, present. F. A. Robertson, sec-
retary of the committee, called the
convention to order and read the call.
He also read a recommendation made
by the committee this morning, that
M. C. Fleming be made temporary
chairman, H. H. Hollopeter, temporary
secretary, and Mr. Dunn, asifit&nt sec-
retary. P. 0. Cassidy moved that
M. F. Eggerman be temporary chair
man, but Jim Jacobs insisted that the
committee recommendation be adopt-
ed, and machine rule developed right
there. Eggerman withdrew and the
committee recommendation was then
adopted.
Mr. Fleming, in taking the chair,
made a short eloquent speech in which
j he expressed his pleasure at the honor
and urged complete harmony and bon-
esty among the delegates in making
their nomination.
P. O. Casidy made a motion to appoint
committees and Jim Jacobs, in a
spread eagle speech, called him down
with the request that an invocation be
asked first. Rev. L. C. Wolfe, the
Baptist pastor, was called to the plat-
form and invoked the Divine blessing
on the convention.
Mr. Cassidy's motion to appoint
committees, consisting of one mem-
ber from each precinct, on order of
business, credentials and resolution ■
then carired, and the delegates se-
lected the following:
Credentials: J. A. Farris, W. E.
Sims, Theo. Barker, J. R. Jacobs, F. j
T. Webb and J. M. Remington.
Order of business: F. A. Robert-
son, H. Michael, R. M. Crlssman, Ed
Hammond, F. W. Eikenberry and Chas
M. Myers.
Resolutions: L. R. Wade, W. M
Keith, P. C. Carpenter, A. C. Davis
and Earl Thomas. The convention
then adjourned for thirty minute" to
give the committees time to act. j
Immediately prior to the convention j
ilie gallery filled with spectators was
practicaly enthusiastic and as A! '
Brown entered the hall, he was greet- j
ed with enthusiastic aplause.
After the convention was recalled
to order, the credentials committee j
•nai'c its report, which was accepted.
ri he order of business committee re
ported recommending that the tem-
porary organization be made perma-
nent. The report was adipted. The
resolutions committer reported el
dorSing Bryan for the presidency and
various other matters permitting to
the constitution, wnich wa3 adopted.
Three candidate -.vera placed in
nomination, Jud;e W. S. Pendln'on,
Judge L. G. Pitman t<m'. Judge J. H
Maxey. Various speeches, fiery and
otherwise were made in nominating
the three.
The vote on the first ballou stood
Maxey, 211-2; Pendleton, 121-2; and
Pitman, 19. The vote up to th" thir
teenth ballot was practically the same
and no nominatio i had been made up
to 4.35 p. m.
Government's Efforts to End the Re-
bellion Without Further
Bloodshed Are Un.
availing.
Havana, Sept. 8.—All peace over-
tures are blocked by the refusal of
Pino Guerra, the insurgent leader in
Plnar Del Rio province, to enter into
any arrangement for an armistice.
Guerra's answer to the government's
announcement of its readiness to grant
a ten days' armistice is the blowing up
of two bridges on the western railway
the cutting of every communication
beyond Plnur Del Rio city and an at-
tack on San Juan Martinez. It is
believed here tonight, that San Juan
De Martinez is in the hands of the
insurgents and that the garrison, con-
sisting of 100 government recruits and
a small force of mounted rural guards
has been defeated or captured.
The fact that, other leaders of the
insurrection ara willing to agree to
an armistice can have little effect as
long as Guerra is determined to pros-
ecute the war and there is slight doubt
in any quarter that Guerra can con-
trol the situation in Ills region. His
force is reported by all those who
have visited him recently, as ranging
from 3,000 to 4,000 men, all of them
well mounted and some of them well
and others indifferently armed. The
government force opposed him, which
is under the command of Col. Alvoa,
and comprises about 1,000 men. It
was reinforced at 7 o'clock last even-
ing bf Lieut. Col. Clews with 150 men
and three machine guns from Havana.
Col. Alvos' force, with the exception
of small detachments, left San Juan
De Martinez and San Luis, is at Plnar
Del Rio citf, but is without means of
transportation to go to the relief ot
San Juan De Martinez. Not more
than 400 of them are mounted.
General Menocal said that Guerra
evidently had not been informed that
the government had actually, although
informally, granted an armistice, add-
ing that a second committee had been
sent to him, but he could not reach
htm before tomorrow. The fact Is,
however, that Guerra refuses point
blank to accept an armistice except on
condition that the last presidential
and congressional election shall be an-
nulled. That the government should
not consent to this is conclusive, and
so tonight every prospect points to the
continuance of the war.
SOSPECT FOOL PLAY
IN DEATH OF TEXAN
, Hand Cut. ,
Mark Shaeffer, of 109 North Park
street, is suffering from a badly cut
hand, as a result of a bottle explod-
in in his hands. The cut is quite
long and very deep and very pain
ful.
Bazaar.
The young ladles of the Queen Es
ther Circle and of the Kings Herald
held a bazaar today on West Main
street, they had a fine display of all
sorts of good things and did a good
business.
BROTHER OF MAN FOUND ON
SANTA FE TRACK IS
INVESTIGATING.
CASE IS AFFIRMED
The case of W. B. Alexander vs J
J. Culbertson, the Paris, Tex., million
aire, for damages, has been twice tried
in the district court. The first trial
ga\o Alexander judgment for *250, but
a new trial was granted and he again
got a judgment ot $250. The case
was appealed by Culbertson to the su
preme court and that body this week
gave judgment affirming the decision
of the lower court.
Alexander formerly conducted a gro.
eery on West Main street. . Culbert
son, while erecting a building east of
this tstore, allowed the street to 1«#
partially blocked with material for
some mouths, and Alexander asked for
damages alleged to have been caus
by loss of trade owing to this obstruc
tion.
Snap!
Five acres in 3 blocks of car line
in Shawnee goes for $950.
F ve 50 ft. east front lot 6 blocks
north of Main street goes for $250
Terms $50 down, $10 per month.
Ten acres rich level land, good 4
room cottage, fine well, barns, etc
in North Shawnee, goes to a quick
purchaser at $2000 Will carry $900
4 y*ars at C per cent.
N«*at 4 room cottage one-half block
north of city park on N. Douglas
street. Price $11««. Easy terms.
$5500 bays a good two-story brick
good locution. This la a bargala
EASTER WOOD A PUGH,
USE. Main St. Pl #n« 605
Chandler, Okla., Sept. 8.—John S.
Barnwell, a commercial traveler whose
home was at Winnsboro, Texas, was
killed on the Santa Fe railroad, three
miles south of Davenport, last Friday
night. It is presumed, and so the cor-
oner's jury decided, that fle was struck
by a train, though the facts of the case
may never be known. Deceased was
in Davenport Friday, and as the train j
was late be decided to walk to Cush
ing. The next morning his body was
found on the Santa Fe right of way
where it crosses the Niccum farm, by
a farmer named Newman. The de-
ceased's head and one foot were mash-
ed to a jelly and nearly every bone In
the body broken. The body after the
inquest was brought to the Marcus un
dertaking rooms in this city and rela-
tives notified. Sunday evening R. C.
Barnwell, a brother, of Gilmore, Texas,
arrived and on Monday accompanied
the remains to Winnsboro, where an
aged mother and several brothers
await, them.
R. C. Barnwell stated that his broth-
er probably had plenty of money on
his person, though a search only dis-
covered 71 cents The family are quite
well to do, being interested in the
banking business in Texas. It i
thought by some that the deceased
met his death by foul means, and af-
ter securing his money his murderers
placed his body on the railroad trae'e.
Engineers disclaim any knowledge < t
the affair. Deceased was 31 years of
age and a member of the Modern Pro-
tective Association.
A GOOD TURN.
You do a good turn for your
family when you turn the handle
of the door to this bank.
An account of $1.80 will be
welcome.
Banfc ®f Commerce
East Room Whlttaker Bidg.
SHAWNEE. OM.A
Big Sale Monday.
J SHAWNEE.OtSLA
I The Place to Buy Shoes
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The Shawnee News. (Shawnee, Okla.), Vol. 9, No. 280, Ed. 1 Saturday, September 8, 1906, newspaper, September 8, 1906; Shawnee, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc138069/m1/1/: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.