Oklahoma State Register. (Guthrie, Okla.), Vol. 22, No. 27, Ed. 1 Thursday, November 20, 1913 Page: 1 of 8
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Oklahoma State Registe,
i
TWEJITV.SECOND YEAR
No. 27
GUTHRIE, OKLA., THURSDAY, NOVEMBER 120, 1 a 13
City
Commissioners' Recall
Will Be Argued Monday
The case of the recall of city com- Hi. J. Waugh.
missioners will come up for argu-i Ward 11, i'recinct A. — Burnls Brown,
meat before Judge Huston Monday. ! Ward Precinct B.—T K. Wilson,
The Commissioners have until Sat- James Krouse, H. E. Sumner, C. A
urday to tile an answer to the recall Anterman.
petition. | Ward 4, Precinct A.—XI, C. McCall,
' R. Knapp.
PUISCO KEI'EI VEKSHir
J> ntOI.lt ESS.
The city commissioner^ hale for the
second time turned down tue people's
demand for an election for a recall.
The petitions were turned down Tues-
day evening, and Wednesday Attorney
llildreth in behalf of the. Citizens Com
Names Withdrawn from
Nissley Petition.
Tom Lewis, H. Etta (c), William
(iuess (c), .Marion Gaines (c). N. M.
Alexander (c), K. M. Peters (c), Joe
Fraction (c), 0 ,W. Taylor (c), ( has.
mittee, filed mandamus proceedings Saulterg) lsiah Agent )c)> T G Moorei
before Judge Huston o compel the Thos „ Vo (c) We t Sepd J(m
Commissioners to call an election. „llmble, c. (). „art, w. R. Hickman.
The declaration ot rejection by city Bcnnie Haskins, J. C. Blair, Alfred A.
clerk Dunham, accompanying the re- A , Uav, T R gtott8 R T Mc_
turn of the petitions, recites
' In rejecting the amended recall pe-
titions the city clerk gave this sum-
mary: Nissley petition:
No. names on amended petition. .854
Of said names the number not ap-
pearing on voter's registeer 2(10
No. of names withdrawn 04
No. names no street number des-
ignated 1G
No. names as to which city resi- I
dence not given ;! commissioners seem to simply
Number not legible bp nK|ltinK f<,r time lo prevent the
Number names duplicated citizens from putting them to a test In
Daniels (c), F. E. Stovall, T. C. Vinson
(eli, R, I. Miller. J. M. Tucker, Jack-
son Brink. Arthur R. Swank. C. A.
Chambers (c) C'. A. Buchanan (c), E.
B. Orites, G. C. Keller. I.. Rolston (c),
liTomas O. Malley, William O. Malley,
Bert Medlock. W. T. Klmberley, Frank
Burgen. U G. Northcott. D. H. Fearv,
G. W. Foster (c).
Number cl names appearing on
amended petition and also on
voter's register, but not proper-
ly verified 28
Total number of legal voters re-
maining 175
Number of signatures required to
authorize the submission of said peti-
tion and amendments thereto to a
vote is
election. In the amended petition
this time they just took enough nam-
es off. whether there was any reason
for it or not. For instance, the names i
of Chas. Olson and A1 I,eer are taken j
off and yet the men have their elec-
tion certificates. The neme of T,. G.
Niblack is taken off for illegibility—
thry claim they could not read it. yet
Vimkiiiu Testifies Kcgaitling Alleged
>.viidicaies as the (a use.
St. Lou's, Nov. 18.—The alleged
partnership of off cials of the St.
t-uuis and San Francisco railroad in
syndicates that promoted small srail-
roads which later were sold to tae
Frisco, was inquired into at the hear-
ing before the Interstate Commerce
Commissioner Clarke here today as
the causes for a receivership for the
road.
jjenJainin F. Yoakum, chairman of
tlie i i'.sco 'board of directors when
tue roail wtiiL .mo receivership, was
the only witness. I). E. Brown was
examiner foj the commission
i\ynitv tppoms nt-pi n mikshai.s
All llsdHpt One in (lilice at Oklahoma
Cilj Replaced.
Oklahoma City, Nov. IT. -A clean
sweep, with two exceptions, and
these only temporary, was made
today In the United'States Marshal's
office for the Western Oklahoma
district, when L>r. J. Q. Newell, the
new United States Marshal, took his
oath oi office and took possession
Lew Green's Life
Hands
• . pax roAa
the jury
The case against I/ju Green, who
killed police officers Muxlow and
Caldwell, went to the jury at ;! p, m.
Thursday afternoon. It is the opin-
tliat the jury will take some time
purported to be a statement of tlio
killing, dictated, signed and sworn to
by the wiuies, but simmins either d.e-
ned such statements or tue question
for many
tained for the present. It was an-
nounced that Miss Lillian V.ekcrs,
stenographer, will not leave the of-
fice at once. New deputies announced
ar.': Duke Stallings. Oklahoma City;
John A. Brown, Clinton; D. P. Mil-
Tile syndicates that built vaiious ler> Guthrie; Fraud liindman, Gutti-
subsidiary lines were promoted by rie. The fiftlt man has been agreed
the St. Louis Union Trust Company, upon, Inn lis name will not be an-
and in answer to many questions Mr. nounced for several days.
Chris Madlsen, who has been with|'on "•«' "'e Jury will lake some time was not permitted to be answered,
the office for many years, was iv- ] !°1f°.n8)?e,rihe_,case; There is a possi- In this tutement, which County At-
THRKI) MEMBERS ItEMOYEI).
Air. Niblack slens his name well
I furtehr certify that the grounds enough that his employees can cash
and charges set forth are insufficient eheeks with it attached. It shows
to warrant a removal o ran election tl,at ,hp power to pass upon the re- . Qy h .... j Western on <■ u.i .« iv v..i.,.,.i
.therefor as demanded. c!l" petitions should be in other _ _ L < lean-up Made al Warner "school
I further certify that it has been han(is than those that are to lose their
reported to me that in some cases offices by it.
Yoakum referred his interrogator
to the records of the trust company.
Among the subsidiary lines con-
cerning which questions were asked
were tue bt. Louis ami Oklahoma City, (
Iberia and Northern, the St. Louis
and Gulf. As to the Iberia and
Northern syndicate, Mr. Yoakum tes-
tified he transferred his interest in
tue 1- riseo for wiiat it
cost him, plus 6 per cent.
Mr. Browne said tuat the record
showed $212,000 was paid to Mr.
Yoakum, who replied that if that
true it represented no proft
over the U per cent interest. On
several other roads Mr. Yoakum
could not remember the profit. He
said he had an interest in the St.
Louis and Gulf, but did not remember
whether his profit was $38,00(1 as Mr.
Brown said the record indicated. This
record, as cited by Brown, showed
that Yoakum invested $75,000 and re-
ceived $ 113,000.
Other syndicates concerning which I
Brown questioned the w.tness wire
< U'lTOI. < \SI TO I1VYI
IIK \RIMi.
A
bility ot" bringing a verdict of mail
slaughter.
j The argument for the prosecution
was made by 1) M. Tibbetts, city at-
torney, and County Attorney Adams,
and was closed by Adams.
| The argument for the defense was
opened by B. F. Garrett, followed by
Col. Tom Jones and John Anderson.
The trial of Lucius Green, the ne-
gro for (he killing of Officer I. H.
Caldwell September 7, was started in
the Logan county district court Mon-
day before Judge A. H. Huston. The
prosecution is being conducted "by
County Attorney John Adams, assisted
by City Attorney Tibbets. The ac-
cused i slicing defended by Col. Jones
and Attorney Anderson and It. F.
Barrett, Walter Warren of Guth-
Okla human.
Attorneys on both sides of the cap-
itol referendum case appeared be-
fore tnee supreme couri Tuesday
morning and agreed to argue the law
points involved next Tuesday morn-
ing at 10 o'clock.
The question of when the legisla-1 rie and chester Ixiwrey of Still-
ture adjourned. July 1 when mem-1 water sud(|en,y u(t t|
bers of both branches disbanded and f
left for their homes, or July 5, the, ,w laVs ago, which cause much cotn-
tiuie the journal recoffls show that "'"''I.'- . 1 h(>. J"rv whleh was secured
adjournment was taken with less
than a quorum of either branch tire
I ment. Th
at :i o clock Monday afternoon, con-
sists of Tom Frank. T. M. Tribble, A.
H. Rickstrew.k Nelson Seyler. F
sent and participating, promises to! ' ' ", 11 "• f "'r- *' 1
be one of tae main questions argued. , ' ^ '''• J"h" Wallace. \\. L. Swine
according to statements of attorneys ' . " .. .. ' fl" George Mil-
Tuesday morning I ind Hni CnT™ *'!. ,E " Purrow
This question also affects the ref- ' "V"! 'I116 G°rdon and J. E. Smith of
«i.. c,,.tv'Uinrie.
erendum on the first six sections ol
the general election law.
Council of Stlliwnter
(Jo.
signatures were procured to said pe-
tition by misrepresentation of facts.
The petitions are insufficient both
in for mand substance and are not
signed by the requisite number of
signers.'"
which, according to the records, the
I syndicate had made $309,000 on an
'Investment of $2,097,000 and the Ar- President W. S. Renick, Professor
The committee of citizens having ransas Valley and Western in which Weatherly. teacher of music; W. B.
the election in hand met Wednesday ■ a Frisco official without a voice Hendrii kson, head of the butter liiak-
mornine and resolved to fight the in the acquisition of new lines" made |ng and demonstration department,
commissioners to the bitter end. This $23,00(1 on an investment of $118,000. an(i j. R. Renick are the members of
unanimity of action is due to the fact It was stated that fifty-one men the faculty of the Warner school
that the city has many enterprises of- were in the f.rst syndicate and sixty-
The following names were arbitrar- fpring themselves and need a chief one jn the second. On tlie St. Louis,
ily knocked off the amended petitions
this time, in addition to those taken
off before:
Ward 1, precinct A—Guv L Levers.
R. J. Milne, A. U Evan's, J. Earl Jones
R. B. Young. A. A. I-eer, J. W. Ellis,
Claude Ellis, Frank Bowers.
Ward I. Precinct B—.Taines Reed,
John G. Crump. C. A. Hamilton.
Ward 2. Precinct A.—Chas. Olson.
who have been summarily removed
bv the new board of agriculture.
officer of the city that is in touch with Oklahoma and Southern, according to "ti. neral incompetence," is the rea-
the business interests who will give the records quoted by Brown, the
his power and activity to securihg promoters made $719,000.
thpm. Mayor Nissley does not asso-'
ciate with the business men. is never
pr^s 't on any niiblic occasion, is ab-!
solut.elv incapable of meeting strans-- '
ers half way. and the wonder is that
b i"e Is^'nted. he still desires to
remain in office.
ItOB'BKRS MEA\ TO NEWS 'AI'EK
MA X.
K. S. Ilarih's ReMtirnCc liebbed for
Second Time.
11E >lR V Bit Al \ IMillliNKI) F1J0.I1 up.
WERJ1AM. | Henry Braun made an extensive
trp over Germany. He visited liis
two cousins, Adoiph and Henry
Stoepler. whom he had not seen for
tarried Out Friend's instructions and
ang "itiiigcn on tue Rhine" iu
iiiiigcii s Oldest laicru.
Col. Henry A. Braun, of Guthrie,
ofi.cial representative of the North
American turnvertin at the celebra-
tion at Leipsig, in October, of the
victory ot tlie allied aiiu.es over
Napoleon Bonaparte, one hull died
years ago, carried out special in-
structions, given him by a party of
Lineman friends on the eve of his
departure for Germany last July. The
instructions were "to sing Bingeu
on the Rhine" in Bingeu s oldest
tavern and surrounded by congenial
company.
"1 carried out the instructions to
a lett r," ga d Cot. ll.aun who re-
turned to Guthrie, direct from Ger-
many, during the past week. "I
hunted up the oldest tavern in Bin-
gen. With me were two friends,"
with whom 1 had been traveling up
the Rhine for several weeks. 1 told
the woman in charge ot tue tavern
of tlie instructions given me wuen
I left Guthrie, and asked permission
lu carry theiu out. due laughed and
said to go ahead. We orde.ed some
Khlneish wine and we three travel-
ers then sang 'B.ngeu on the Rhine.'
I found that the tavern in that town,
made famous by this song, use it
on tlie backs ot all advertising mat-
ter."
A party of Col. Braun's friends
met at his home here, oil the eve of
his departure to wish him a pleasant
journey. He was anticipating his
ti ip and told of the various places
he would visit, including Bingen. Im- :
med.ately some one in the crowd be-
gan singing "Bingen on the Rhine, 1
and soon the entire party had joined.
This led to the instructions to Col.
Braun to sing thc-song in Bingen.
Braun, to be held
A burglar entered the residence of ington.
F. S. Barde, 512 East Mansur avenue
between 4 and 5 o'clock last Friday
from a sleeping room upsta rs. With
morning, and stole a coat and v, st
the coat and vest were taken an
with chain
and silver fotb; a fountain pen, a
pair of steel framed speitacles in
case, a sum of money, a bank pass
book, and a pocketbook contain ng
a Scottish Rite identification card,
a hunting license and other papers
of value only to the owner. The
of the burglar was discov-
ered just as he was leaving the
thirty years. They a.e prominent °l>eu face Howard watch
men ill Germany. Mr. Braun visited
many cities, lie landed iu Bremen.
then Oesfeld, Munich! Baden, Berlin,
Heidelberg, Nurenburg, Rotteuburg,
Mi ante, Chi|vzvocli. He visited
Adoiph Busch, of St. I>ju s, in his
castle on the Rhine, and never
dreamed of his approaching d ath. presence
He visited Salzburg, Austria, Inns
bruck, Tyrol, Berchlesgarden, Ba- room. The coat bears the own rs
arian Alps, Tyrollan Alps, Franzen- name
fest, Tdblach. Over the Alps he went
The statf announced thai it will
show that Green was a notorious vio-
lator of the prohibition law; that (he
officers had evidence that he was sell-
ing and had made sales which classed
him as guilty of a felony and there-
lore not entitled to claim any search
warrant protection: lliat (he officers
went to his place and demanded Ills
surrender, but he attacked them one
at a time and killed one before the
other could come to liis assistance.
The defense was that the ot'fi-
ers began beating Green and in self-
defense he shot them, and that one of
the fatal shots was fired by some un-
known person through an open win-
of I dow. on (he back of the building.
| During Monday afternoon the state
introduced very slrong evidence, none
of which (he defense was able lo
shake. One witness alleged the de-
fendant rushed into the slreet with
a revolver in each hand and one in
his oockel yelling: "| told em 1
would get 'em."
Persistent, malignant persecution
dating back more than a year, unwar-
lanted assault upon and justifiable
shooting iu self-defense is the ground
Albert J. Ileteridge Deliver* Address upon which the defense hopes to se
son given by members of the board
of agriculture for the removal
these men.
President J. H. Council, of the A.
& M. college at Stillwater, is also
slated for removal. Conditons at
Stillwater colltge are said to be
very had. Conuell is now in AVash-
I IIIN KM SOI I II NEEDS I'KOGIIES-
S1VE PARTY.
At Rally in New Orleans.
cure acquittal of Lucius Green, negro
booilcgger, being tried in the district
court of lx>gan county for tlie killing
15.—After of Patrolman I. H. Caldwell here Sep-
into Italy; the cities of Cortina.
Karer Lake the Dolamites, Garda
Lake and on to Venice. From Venice
to A'ienna, Budapest and back again
he went to Triest, Austria, and on
to the Rhine cities and Berlin.
Mr. Braun went In a Zeppelin
dirigible after the fatal wreck, one
that killed over thirty persons, and
rode a hundred miles. He says it
is easier riding than on a train, .it
seems less dangerous, and lias all tlie
cabin comforts of a ship. There is
a buffet lunch, bar, salon, and you
can write letters without a tremor.
They were 1.200 feet in the air and
human beings seemed the size of
ants and tlie Forests like cabbage
patches. They traveled over sixty
In
tern is ;
a 3-line
red. The
an ins de pocket; its pat-
i small brown check with
lengthwise stripe in dull
watch was a 17-jewel
toruey Adams said bimmins called
bis "confession," Simmins explaiutti
in de.ail everything tnat transpired
insiue tue bare wans of the alleged
bootlegging joint oil Vilas aienue,
troni tne time tue officers entered tae
door until tney wereslaiu and Green
was under arrest.
Not wining to give up his fight for
testimony iu accord witn tue purport-
ed "coritession, Attorney Adams had
Simmins recalled in tlie afternoon.
Here again he was doomed to disap-
pointment. for some of Slmmin's stale
merits of the afternoon were in tou-
liict with those of the morning.
.tiny ( luirge Perjury.
\t hen seen iu his office Tuesday
night, Attorney Adams said he was
unuer advisement tue nling of perjury
charges against Simmins. He said tue
signed, sworn statement, read in court
was taken on order of the court ac-
cording to tne statute recently placed
upon Hit law books of Oklahoma.
While not considered "evidence" to be
read in a criminal case, he said, the
statute was written to prevent just
procedure as that of tne Simiuins
cast- without danger of being charged
with perjury.
tailing to get the expected testi-
mony from Simmins, the state produc-
ed several witnesses who heard part
of the conversation carried on during
the affray, saw part of' the fight and
were first upon the scene after the
filing had ceaBcd. Testimony of these
corroborated portions of Simmins'
story and the stories told by other
witnesse, filling iu what the state con-
tends is proof of its contention.
Simmins story of the killing as cor-
roborated by others was that lxiu
Muxlow preceded Caldwell into the
building and ordered Green to ac-
company them to the police station.
Green, so said the testimony, retreat-
ed Into a back room where .Muxlow
followed him. Although the two men
were out of sight or Simmins and
( aldwell in the front room. Simmins
said he heard blows as ir Muxlow had
'lit Green over the head with his club.
Simmins said the first thing he saw
of the scuffle in the back room wa3
Green tiring at .Muxlow as he (Green)-
was rising from his knees.
Simmins said Muxlow toppled over
at the first report of Green's gun. a
second bullet striking the officer be-
fore he fell. Another witness said
Muxlow was still breathing when the
first of the bystanders entered the
room. As Muxlow fell, Simmins said,
Caldwell started for Green. He saw
l-hein grapple and then he slippfd out
of the door, he said, and did not see
(he remainder of tlie tragedy. Other
witnesses, Walker Peebles and Rex
liiedsoe who were just across the
street sair they saw Green with eith-
er a gun or club in his right hand
raised as if in the act of beating Cald-
weell over the head, inish the officer
past (he open door out of sight again
and then came |rfie last shot, the one
Howard, 1(1 in size, the movement
number being 940789, and the case
number 7721732. Inside tile case
near the edge, is scratched the pri-
vate repair num'ber 13399w.
Tills is the second time Mr. Bard'-*
has been robbed. Once before, in
the absence of the family, all
fine apparel of Mrs. Barde and
daughters were taken, but the
th eves were caught and are to be
prosecuted.
MOOSE TO PLAN I'ilillT.
'New Orleans, La.. Nov
arguing that the Souths sirlct ad-:teniber t. Such was Hie statement
herence to one political party iu ua- made by Attorney T. S. Jones, chief
liona 1 affairs kept her from her counsel for Green at the beginning of
rightful place iu the nation's activi-jihe defense Tuesday evening.
ties, former United States Senator The state completed its direct ex-
Aibert J. beveridge sounded thee key aminatlon and three witnesses for
note here tonight at the first Pro- the accused had been questioned when
gressive rally in the South since the : Judge A. H. lluslon adjourned court wllich the state contends killed Cald-
lasi election, when he said: | for (he day. I wen.
"The call of patriotism of today is; Green also is accused of killing Pa- The contention of the state is that
for a new party, which will enable trolman lx>n Muxlow, brother officer 0r8en. after shooting Caldwell in the
tlie South to have two parties and to Caldwell, at the same time, at the SIomach anl left arm. wrenched the
thus to come into its own. The Pro- 1 same place, but at the request of coun "mrp|''8 six-shooter from his hand,
gressive party is here lo answer tiiat , Scl for (lie edefense the two charges clubbed him almost into unconscious-
call. The Progressive party was will be tried separately. " npss 11,1(1 lhf,ii shot him through the
born to make American people one j After searching constantly since the heal1 wlth the epoliceman's own gun.
again and with its mind fresh for the | day of the killing for what was con-
new; problems it asks Southern men; siered by the state as its strongest
| link in tlie chain of evidence- an e.ve-
the of liberal principles to join it."
\\ little Tickets, Stale anil Comity,
Oli.iect lo Conference Today.
Topeka, an., Nov. 19 —Kansas Pro-
miles an hour and hardly knew they gressive party leaders from all over
were moving. J the state called together by \\ illiam
Now Mr. Braun is in business liar- Allen White, will meet in Topeka to-
ness again, and some of his friends morrow in an effort to determine the
are trvlng to force him to run for measure of Progressive sentiment oi
liiavor. Ain't it awful! tile state. It is frankly amitted by.
the leaders of the movement for a i
new party in the state that no coin-
witness—and believing lie had found
; that for which he sought, County At-
torney John Adams received a set-
j back shortly after court convened on
| Tuesday when Joel Simmins second
I witness lo be called to the stand.
I failed (O testify that he had actually
the final shot Into
LAMOTTES MAKE BOND,
.... , j | in i i ufs caoi v c 1'c.i. i i vi i i i unit' "im
Lamotte promise propositions will be harbored h Republican or any other party,
,... .i jt ls to bp a atraight-out
Pearl Wight, l>ouisiana National
Committeeman of the Progressive,
was chairman of the rally. Several
Progressives from other towns In
Ixmisiana were present. Mr. Bever-
idge said until the 1 regressive party
was formed. Southerners could hard-
ly be blamed-for voting the demo-
cratic ticket as to do otherwise j f>a,dwe,rB "brain whirtcVu^delith
would be disregarding: their self-re- "lu-
gpect. Hut because of such con- „ Mmnims acknowledged seeing
dition he said*. i " hie the shot which ended l'a-
"The South itself is in the hands j [rt>|, an Muxlow^"s life, two minutes
of professional politicians, who run j ( aldwell also was shot to
political machines that really rule , ' l*,e room, but denied
the Southern people." absolutely he was inside the room at
Continuing Mr. Beveridge said: | the time Caldwell was killed. County
"If Southern men hesitate for fear | ^t°rney Adams read from what was
th Progressive party will unite with
A reception to Col.
at the Elk's club rooms is now being
arranged to be held in the near fu- Lawton recently by the federal
ture and on that occasion Col. Braun grand Jury in collection with the
will relate the Incidents of his tr.p Osage oil land lenses, which the
and also sing "Bingen on the Rhine." Indian bureau has been probing.
Henry Braun returned Tuesday Mrs. Lamotte was formerly Mrs. B
evening lifted an albsence of over four 8. McGuire but is now the wife o
months He went us American dele- one of the Prominent membeVs of
to the one-hundreth annlver- the Osage tribe. The Uimottes were
farv celebration of the battle of charged with having fixed the signa-
I^ipslg, where the allied armies de- tures of other members to tribal
feated Napoleon. Mr. Braun slates leases for
Antprica was given first honors In
America wn g attoruey for au [hPy did.
Mr. and Mrs. etlorge
day'^and' niade'^ bond' ttT'rnEd I ™ «cket for state and county
States District court for their ap- omces.
pearance at the January term. They I There are rumors afloat that an er-
were among the persons indicted at
valuable oil lands: they
claim they held the necessary power
the celebration. There
ably 180,000 delegates present in an
open f eld in front of the memorial
monument. There had been 42.000
couriers who had brought memorials
from different countries to the cele-
bration. These were by runners of
two hundred meter relays each. As
« courier ran into the field bringing
the American memorial, lie handed
li to the King of Saxony, who In
turn handed it to the German Km
if ror
S HAWS 8E 1.1.1 Ml OIL LEASES.
As a result of the recent oil strike
made In the Newkirk field and ex-
tending eastward Into the aw In-
dian country, the members of the
Kaw tribe tcr getting rich by grant-
Inn nil and gas leases on their land
allotments which also constitute the
corn belt ot this state. The lands
When the Kaiser unrolled the |j0 along the Arkansas river. Form-
3. roll out flew the Amor can fin'
the hand struck up America and
tremeudous shout of applause wei
t'nlted States senator Curtis of
Kansas Is a member of the tribe
and allottee.
fort will be made by certain progres-
sives at the conference to postpone
considering the third party movement
until after the meeting of the republi-
can national committee in Washing-
the plans of the Progressive Nation
Committee made only last week to
begin for next year's battle, pledges
you our honor that there will be no
merger, no compromise, na amalga-
mation of any kind by tlie Progres-
sive party with any other party
whatever.
We Progressives of tlie North
To substantiate this claim. Dr. J. L
Houseworth, who made an examina-
tion of the dead body of the officer, tea
tified that he was positive the fatal
wound in the head was made by a
larger caliber revolver than those in
the arm and stomach and those in
Muvlow's body, which were attributed
to bullets from Green's automatic.
Every witness questioned on the sub-
ject said the last shot sounded much
louder and bigger than what they
termed the "rapid firing".- Dr. House-
worth also said three longitudinal
wounds as if made from some blunt
instrument, laying bare the sUiiil. also
were amone Caldwell's wounds.
Since it is the contention of the de-
fense that Muxlow and Caldwell nad
been persecuting the defendant, that
(Continued on Pajpe Fight)
[ versed the judgment, holding that as
STATE Sl'PIM ME COI KT
KECALLS JITIGMENT. the amount involved, exclusive oi' In-
Iniptiilanl i* Precedent Established (crest was not In excess of $r>00. the
lu Oklahoma. i District ( curt was without juris-
. ,,, .. ' diction.
Oklahoma City, November IS.—Fori
the first liine in the history of the I
Oklahoma Supreme Court today re-
ton, December IB, in the hope that the |lave given up much to found a new-
committee will recommend changes partv w),i0|, shall break sectionalism
that will meet the progressive element tn Amorica. and we ask you, our
of the Republican party. J Southern brothers, lo strive with us
William Allen White. Walter ftos-
coe Stubbs, Sheffield Ingalls formed
the vanguard of the progessive lead-
ers in Kansas whr gathered here to-
night.
"We're going ahead in this state
to put out a ticket." White reiteerated
'The harmony dope is a violation of and every section
the pure food law. It makes no dif- only on National
for a noblepurpose, and we assure
you we will tight shoulder to should-
er with you. The principles upon
which the Progressive party Is found
ed ought to bring into that party
all that Is beat and finesi in the citi-
zenship of the South. Every state
can go forward
lines llal down
called one of its decisions Issued
several months ago and reversed its
own judgment. At the same time
(he court established an important
ruling as lo Its jurisdiction over a
cause in holding that although the
From tlv> brief filed by the com-
pany's counsel it appears that a
statute relative to jurisdiction of
the' county and District Court iu
suits involving money had been er-
roneousb quoted and that the court
assumed (he quotation to be correct.
Judge Ixiofburrow In the second 0|>-
ference what the national committee upon the principle of nationality,
does, unless it resigns and puts the j "Both the old parllese are for the
party back where it was two years principles and policies of t le Pro-
ago. The cheapest talk ever given gressive party In scattered locall-
out in Kansas is this harmony talk, ties.'' said Mr. Beveridge In eonclu-
The idea that the republican party, sion. "but even If the old partiees
coulti meet In convention, change the, were sincere in their claims still
southern representation and make a one thing remains that they can not
new party." ' do—one thing that must be do""
White then proceeded to take a few nnd that's the biggest thing of all,
whacks at the harmony proposition the doing away wilh sectionalism
and what he styled near progressives, this is the duty of the times."
l
opinion may have been given t and inion of the case states that the
the mandate transmitted to the'trial statute tloes not provide that inter-
court (he Supreme Court still has est shall be excluded as asserted by
jurisdiction and may recall (lie de- Hie company's counsel and in this
elsion if it be shown that the court (,,|se where the amount is $"t4:i the
has in any way been misled. inglislier County District Court had
The opinion recalled was that i"r'sdlclion to try the case.
handed down In the case of St. Paul The Supreme Court several years
Fire and Marine Insurance Company ceo held In the case of Thomas vs.
against S. E. Peck appealed from the Thomas that after a decision has
District Court of Kingfisher County.
The first opinion was written by the
Supreme Court Commission No. 2
an dhanded down on Feb. IS, 101 ft,
reversing the udgment of the lower
court in awarding Peck $54!! on an
insurance policy. Then Peck brought
suit against the company for $.100
alleged to he due him from insur-
been issitei the mandate ianued and
transmitted to the trial court, this
court in the absence of fraud, acci-
dent, Inadverfance or mistake, is
without jurisdiction to recall the man
date and entertain a petition for re-
hearing. Justice l^jofburrow h"'l
tt> >i In the ease In ques'ion the de-
cision and judgment of the or i-t
ance carried upon an animal and for was a mistake and comes within the
$43 Interest. The commission re- exception.
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Reference the current page of this Newspaper.
Golobie, John. Oklahoma State Register. (Guthrie, Okla.), Vol. 22, No. 27, Ed. 1 Thursday, November 20, 1913, newspaper, November 20, 1913; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc169324/m1/1/: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.