The Daily Ardmoreite. (Ardmore, Indian Terr.), Vol. 7, No. 40, Ed. 1 Thursday, December 14, 1899 Page: 3 of 8
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7
IT WILL BE A CHRISTMAS OF
EXCEPTIONAL PROSPERITY; :t
0)
2
TflE JURY'S INSTRUCTIONS.
YOU
Will want to prepare for it by visiting our store
and seeing our line of pretty and useful presents.
TRADE
Have prepared for it by buying a magnificent
assortment of
rt(V . COODS FOit THE .
The latest novelties are now in stock ranging
3in the cheapest to the best. No back numbers.
KThe stock is composed of this season's most de-
rable productions. Don't buy until you have
pked us over.
ady Made Sofa Pillows Sofa Pillow Tops
Eider Down Comforts California Blankets
pestry Covers Linen Sideboard Scarfs Tray Cloths Etc.
I The most complete line of Neckwear Fancy Hosiery Fancy
) spenders Initial Handkerchiefs Jap Silk. We invite an early
pection. . '
! "Satisfaction or Your Money Back."
w: o
DUSTONo
IP
rf
1)
H
V
1 1
;tOUBOa &SHTA FE R.B. CO.
i
StiiUFe Holiday Rates.
te one and one-third fares be-
i Joints on tbe Gulf Colorado &
t Fe line; also between those
a oo the stations on Interna
il & Great Northern Railway.
3m. 23 2425 2ti 30 31 and Jan.
United to Jan. 3rd for return.
I tell holiday tickets Dec. 23
53031 and January 1st; limit
y 3rd for return to points on
xdBg lines in Texas one and
Mrd fare for round trip and in
to above dates will sell to
i ob International & Great
sm Railway Dec. 26.
Louis Kansas City Omaha
111. Denver Colorado
X Pueblo Colo. and points in
us Missouri Kana Ne-
i west of Missouri river on
Jig railroads: Atchison To-
t Santa Fe Railway Co. Chi-
Bock hland & Pacific Mis-
Viflc St. Louis & San Fran-
8t Louis Southwestern Ry.
1i Iron Mountain & Southern.
t for round trip; aeil Dec.
420th. Only return 30 days.
W. 8. KEENAN
a. p. a.
ii
(I!
1
a
u
ft
V
w Jor rheumatism Cbam-
Pain Balm is gaining a wide
D. D. Johnston of Rich-
'.lid. bas been troubled with
'sunt since 1802. In speaking
'y: "I never found any-
would relieve me until I
aaberlain's Pain Balm. It
agic with me. My foot
and paining me very
tt one good application of
- relieved me. For aale by
tStore and F. J. Ramsey.
TEXAS WONDER.
'U'8 GEE AT DISCOVEBY.
"Mil bottle of Hall's Great
genres all kidney and blad-
m removes gravel cures
seminal emissions weak
rheumatism and ail
the kidneys and
both men and women.
o'dder trouble In chil-
fwt sold by your druggist
by mail on receipt of II.
oottle is two month 'js
sua will cure any cause
rationed.
Da. E. W. Hall
WMturer St. Louis Mo.
Texas.
l( W-B- Frame druggist
; READ THIS.
Ple ; Texas April 26 1899.
Hall's Great Discovery
and kidney trouble and
ke 11000 for the benefit
. Jfm using one bottle. I
a permanently cured.
JR- Tyler. D. D. 8.
' Paint is sold by the
' Wmber
Co.
15-lm
PROFESSIONAL CARDS.
WILSON HOGE
AS3AYER. CHEMIST AND
SURVEYOR.
Accurate work at reasonable rates.) -Office
next to Caddo Wag-on Yard. Post-
office box 6e6. Ardmore I. T. .
LAWYERS.
H. A. Led better. W. H. WImberly.
LED BETTER & WIMBERLY.
GENERAL COLLECTORS
Ledbetter & Bledsoe Building. Ardmore
Ind. Ter. I
Bummers Hardy. W. R. Leigh.
HARDY & LEIGH
Attorneys at Law.
I! Law affecting land a specialty.
Offi:e npatalra In the Hardy -building
Ardmore. I. T.
PHYSICIANS.
. DR. G. E. WARNER.
MAGNETIC
OSTEOPATH.
Special attention piven to nerve
diseases Chronic cases and female
weakness.
Office hours 10 to 12 and 2 to 4.
Office in Bridgeman house. Phone 7.
J. W. MOFFETT
PHYSICIAN and SURGEON.
Call" at office answered day or night.
Offlco in Gorman Bnilding over Mason
Mason's Drug Store. 'Phone S.
DR. JEROME C. McNEES
IH'SICIAN AND BURGEON.
Office In Randol Bnilding Ardmore. I. T.
Office hoars 10 to 12 a. m. ; 3 to p. m. Res-
idence phone 13. Office phone 8.
Special attention given to obstetrics and
diseases of children.
M. L. Garrett. OX W. H. Bingham
GARRETT & BINGHAM
Attobnjeys-at-Law.
Do a civil and criminal practice.
Office in Wheeler building opposite court
house Ardmore. 1. T.
JOSEPH P. MULLEN
ATTORNEY AND COUNSELOR AT LAW.
Cbimisai Law a Spisciaxtt.
General law practice in the court of the
Indian Territory; IT. 8. supreme court.Wash-
fngton; ceurt of claims; court of appeals
Eighth Judicial district; executive depart-
ment. Office. West Main street near new
courthouse Ardmore I. T.
C. C. Potter. J. W. Ownby
C. L. Potter.! Formerly of Paris Tex.
C. B. Potter. ' W. D. Potter.
Of Gainesville Tex.
POTTER. OWNBY & POTTER
LAWYERS
ARDMORE I. T.
This Arm Is now located over First Nation-
al Bank. Will do civil and criminal practice
in all courts in the Indian Territory. .
LEDBETTER & BLEDSOE
'ATTORNEYS AT LAW.
Office in Ledbetter Bledsoe bnilding
Main street.
H. M.Furman. C. L. Herbert. Jesse H. Hill
FURMAN HERBERT & HILL
ATTORNEYS AT LAW. -
Office Herbert Lewis bnilding Ard-
more I.T
H. C. Potterf. W. F. Bowman
POTTERF & BOWMAN
ATTORNEYS AT LAW.
Ernest Lee Stenographer.
Office upstairs in the Hardy tmlldlng
Ardmore. I. T. .
DR. W. HARDY.
Special Attention Given to the
Ear Nose and Throat Obstet-
rics and Diseases of Women.
Office hours 10 to 11 a. m. 2 to S p. m. Res
Idence 'phone 88: office so
DR. J. W. SMITH
Physician and Surgeon.
CVfice hours 10 to 12 a. m. 2 to 4 p.m.
Gorman building.
Residence Phone H. Office Phone 6.
Albert Bennle. Merrill W Johnson.
RENNIE & JOHNSON
Attorneys at Law.
Do a general law practice In all courts.
Pauls Valley Ind. Ter.
SHELTON & SONS
REAL ESTATE
If yon want to bay sell or rent
property in Ardmore or in the conn-
try call and see us.. Local collections
and claims at a distance receive onr
special attention. Office in Wheeler
m
building opposite court bouse.
Uld Scrap iron.
We will buy any or all old scrap
iron which may be lying about
your place. Old mowers plows'
old rubber brass copper bones
or any old stuff of that nature.
1 13d-wtf Conway & Sox.
Tswsscm's Claris fa Walker
- Herder Trial.
Gentlemen of tbe Jury: Tbe de-
fendants In this case stand charged
by tbe Indictment with tbe crime of
murder.' ..
Murder is defined by the law to be
tbe unlawful and felonious killing of
a human being In the peace of tbe j
United States with malice afore-
thought either express or implied.
Express malice is that deliberate
intention unlawfully to take away
the life of a fellow creature which
is manifested by extent J - circum
stances capable of proof.
Malice is implied when ao consid
erable provocation appears or where
all the circumstances of the killing
manifest an abandoned and wicked
disposition.
Malice in connection with tbe
crime of killing is but another came
for a certain condition of a man's
heart or mind and as no one can
look into the heart or mind of anoth-
er the only way to decide upon this
condition at the time of the killing
is to infer it from tbe surrounding
facts. Tbe presence or absence of
this mental condition marks tbe
boundary which separates the two
crimes of murder and manslaughter.
Malice includes not only anger
hatred and revenge but every other
unlawful and unjustifiable motive. It
is not confined to ill will towards an
individual but is intended to denote
an action arising from any wicked
and corrupt motive; anything done
with a wicked mind when the fact is
attended by such circumstances as
evince plain indications of a heart
regardless of social duty and fatally
bent on mischief.
Hence malice may be implied from
any deliberate and unlawful act
against another however sadden if
the unlawful act be of such charac
ter as to show an abandoned and ma
lignant disposition.
The statute ' of the United States
provides that every person who an
lawfully and willfully but without
malice shoots another person of
which shooting such other person
dies is guilty of manslaughter.
You are instrncted that under the
indictment in this case the defend-
ants may be found guilty of man
slaughter or may be acquitted.
If after a full and careful consid
eration of all tbe evidence and cir
cumstances iu proof before yon to
gether with tbe instruction of the
court lyou believe beyond a rsbin-
able doubt tht tbe defendants or
either of them are vuilty of the crirao
of murder you will so find; but if
upon such consideration of the evi
dence and circumstances together
with tbe instruction of the court
you eutertaln a reasonable doubt as
to whether or not they or either of
"hem are guilty of murder you
uhould then consider whether or not
under all tbe evidence and circum
stances in proof before you together
with the instruction of .the court
they or either of them are guilty of
the crime of manslaughter; and. if
upon consideration of tbe evidence
and circumstances in proof you en-
tertain a reasonable doubt as to
whether they or either of them are
guilty of the crime of manslaughter
then you should acquit them.
Manslaughter is the unlawful kill
ing of a human being without malice
express or implied and without de-
liberation. It must be voluntary
upon a sudden beat of passion cans
ed by a provocation apparently suf
ficient to make the passion- irresisti-
ble or involuntary iu the commis
sion of an unlawful act or a lawful
act without due caution and circum
spection.
The deliberate intention called
malice aforethought needs be only
such deliberation and thought as to
enable a person to appreciate and
understand at tbe time tbe act is
committed tbe nature of bis act and
its probable result.
To constitute malice aforethought
no particular time need intervene be
tween the formation of tbe intention
and the act. It is enough that with
the intention to commit the act the
appreciation of the result likely to
follow appeared to the defendants at
tbe time the act was committed.
The burden is upon the govern
ment to prove every material allega
tion in the indictment by such evi
dence as convinces your minds be-
yond a reasonable doubt of tbe de-
fendant's guilt.
Not every doubt however which
may suggest itself to your minds is
of necessity a reasonable doubf.
A reasonable doubt in tbe meaning
of the law is a serious substantial
doubt; one growing out of tbe insuf-
ficiency contradictory or unsatisfac-
tory nature of tbe evidence In the
case. Such a doubt as if arising in
tbe solution of one of the graver af-
fairs of life would cause a reason-
able and prudent man to hesitate and
say "I am not satisfied" and as ap-
plied to this case a reasonable doubt
must be growing out of the insula
ciency unsatisfactory or contradic
tory nature of the testimony which
after due consideration of all the tes-
timony in tbe case causes yon to
hesitate aad-iay "I am not satisfied
of tbe gnilt of the defendants."
If after a full and fair consider-
ation of all the evidence yon can
say you hare an abiding conviction
of the troth of the charge' yon are
satisfied beyond a reasonable doubt.
'Yon are tbe sole Judges of tbe
weight of the evidence and of tbe
credibility of the witnesses who have
testified and It is your duty to. fuky
and fairly consider the' testimony of
each and all of the witnesses who
bare testified and to giro to the tes
timony of each such weight as yon
in your judgment think It entitled to
and after each consideration yon
are at liberty to disregard all testi-
mony if any which from tbe the evi-
dence and circumstances in proof
yon beiiere to be unworthy of belief.
Under the law the defendants are
competent witnesses In their own be
half and In considerinsr their testi
mony you should take into consid
eration tueir appearance while on
tbe stand their manner of testify
ing the reasonableness or unreason
ableness of their testimony tbeir ap-
parent candor or lack of candor as
to whether they have made contra
dictory statements (if you believe
from the evidence that they have
made contradictory statements re
lating to some material question or
questions in the case:) their inter
est in the result of this case and
give to their testimony such weight
as under all the circumstances and
evidence in the case you believe.lt
entitled to.
Tbe' law clothes the defendants.
and each of them with the presump
tion of innocence and it is yourjduty
to act upon this nresumDtion until
you are satisfied from the evidence
beyond a reasonable doubt of their
guilt.
To extenuate a killiocr and reduce
it to manslaughter two facts must
concur. There must be at tbe tiro
of the killing both provocation ariTS
passion. Provocation without pas-
sion will not extenuate nor will pas-
sion merely without provocation re-
duce theonlawful killing from murder
to manslaughter.
If from motives of hatred or re-
venge or for any wrong or injury
real or imaginary a person deliber-
ately kills another not in necessary
or apparently necessary self-defense
tbe law deems such killing malicious
and it is murder.
You are instructed that what is or
is not an overt act of violence that
is what acts on tbe part of a person
slain would justify the taking of his
life aries with' the circumstances of
each particular case. Under some
circumstances a Blight movement
may justify instant action because of
reasonable apprehension of danger.
Under other circumstances this would
not be so. And it is for tbe jury
passing upon theweight and effect of
tne evidence to determine bow .this
may be. ....-
Tbe deliberate and unlawful use of
a deadly weapon by one person
against tbe person of another implies
malice in the mind of tbe person so
deliberately and unlawfully using
such deadly weapon
Every man is presumed to. intend
the natural and probable conse-
quences of hia own act and wbep
one person assaults and shoots an-
other with a dangerous and ' deadly
weapon not as a result of provoca-
tion sufficient to excite tbe irresist-
ible passion of a reasonable man
and not In necessary or apparently
necessary self-defense the law pre-
sumes such assault and shooting to
be malicious and if a person so as-
saulted and shot dies within a year
and a day from tbe date of such as-
sault as tbe result of such assault
and shooting such killing Is mur-
der. It is the duty of a person threat-
ened with danger to use all reason-
able means apparent to a reasonable
person under .the circumstances to
avoid sucb danger before taking hu-
man life.
If the killing of John Embree Is
satisfactorily shown beyond a reason-
able doubt to have been the act of
the defendants or either of them
then the law pronounces It murder
nnless it appears by the evidence for
tbe government or for 'the defend-
ants or both taken together that
circumstances existed excusing or
justifying tbe act or mitigating it so
as to make it manslaughter only.
If tbe defendant or either of them;
killed Jebn Embree by shooting him
with a gun at and within tbe south-
ern district of the Indian Territory
at any time prior to the finding- of
tbe indictment herein under cir
cumstances showing no considerable
provocation and not In their nec-
essary or apparently necessary self
defense but under circumstances
showing an abandoned and malignant
heart on the part of tbe defendants
or either of them tbe law pronounces
such killing murder.
The defendants may introduce evi-
dence tending to prfjre their good
character prior to too tlmn of the
commission of tbe alleged offense.
Such; evidence is "competent and
sbonld be considered by yon in con
nection with all tbe other evidence
in the r?.. " 1 - .
If upc-o consideration of all the
facts and circumstances in the case
tending to prove the guilt or iuno- .
cence of the defend ants or either of
them of the offense charged yon are
uncertain or in doubt then such evi-
dence ot tbe good character of the
defendants or either of them sbonld
be considered by you as a circum-
stance tending to prove that they.
oreitberor them would not be likely
to commit such offense. .
But if you beiiere beyond a reason-
able doubt aftep giring dneconsider-
etfon to all of tbe evidence in this
case including that of tbe character
of tbe defendants that tbe defend-
ants or either of them are guilty of
toe crime charged against them In
tbe iodictment it will be your daty
to find the defendants guilty.
The defendants claim justification
far killintr thai H.r-ai ari tnr tka ....
son they as they claim werefcttempt- .
ing to arrest the deceased for tbe
commission of a felony. Tbe statutes .
of Arkansas which have been
adopted by act of congress and are
in force in this juiisdiction authori-
ses a private person to make an ar-
arrest and the manner of executing
sucb authority. 1s as follows:
"Sec. 20C3. A private person may .
make an arrest where be bas reason
able grounds for believing that the
person arrested "bas committed a
felony
"Sec. 2006. No unnecessary force
or violence shall bsused in making .
tbe arrest.
"Sec. 2007. Tbe person making tbe
arrest shall inform the person about
to I e arrested of tbe in ten Ion to arrest
him and the offense charged against
him for which he is arrested' and if
acting under a warrant of arrest
shall give information thereof and
if required show tbe warrant."
It will be seen therefore tbat there
is a right in the hands of tbe citisea
to make an arrest of another citixen
but before that right can be executed
csrtaln conditions must be proven to
exist. In the first place it must be
proven tbat the parties sought to be
arrested were guuty of a crime inch
as robbery.
Robbery. is the felonious taking ot
any goods money or other valuable
thing from the person of another by
force or intimidation. The manner
of tbe force or tbe mode ot intimida-
tion is not material further than it
may show tbe intent of tbe robbery.
Robbery is a felony under the laws
in xorce in me inaian Territory. i
Then the party seeking to make
tbe arrest niUBt have reasonable
grounds to believe that the person
be is seeking to arrest is the party
whf is guilty of tbat crime. There-
fore yon are instructed that when a
citizen seeks to make an arrest and
the proof shows a crime has been
committed and there is reasonable
ground to believe that tbe party be
I is seeking to arrest is tbe one guilty
oi ii it ii is possioie for bim to do so
with due regard to bis own safety he
is required to make himself and hie
mission known but be bas a right
just as tbe officer has to stand upon
tbe principle tbat he is to'seek.bis
own safety and his own protection
and ft when he is seeking (omake
the arrest or proceeding to do so. the
Opportunity 7 to make his ; mission
mows is cui on uy a aeea oi acmai
or threatened violence npon the part
6i the person he is seeking to arrest
then" the faot tbat he does not make
known who he is and what bis mission
Am uciut D un fJB.ri.jr WUU cull DUO Oil
from' the privilege or opportunity of
making known hia purpose if he ie
lawfully proceeding upon that mis-
sion to stand upon the defensive and
seek his own protection all the time.
If he is fired npon or an. attempt
made to fire on bim when be bas that
purpose In view before he is enabled"
to make the purpose known he la
therefore cut off from proclaiming bis
object by an act of violence or threat-
ened violence and he can stand np
on the defensive because be is in the
right he is in the exeoution of a law-
ful power; and he who so acta vio-
lently or by sucb attempted vio-
lence is to blame.
The statutes ot Arkansas provide
that should the person attempted to
be arrested resist such arrest as fol-
lows: ' '.'.''
"Sec. 1555. If anv officer or pri-
vate person attempt to take a person
charged with treason murder rape
burglary robbery 'arson forgery
counterfeiting or any other crime
made .felony by the statute few's of
this state and be be resisted In the .
endeavor to take the person accused
and by reason of sucb resistance tbe
person so resisting be killed tbe offi-
cer or private person so killing shall
be justified.
."Sec. 1556. An 'officer or private
person to be' justified in killing a
person accused of any felony's here-
in provided shall have used all rea-
sonable efforts to take tbe accused
without success and there must have
been in all probability no prosDect
of preventing Injury from such re-
sistance or the escspe of tbe person
accused." . fcv ':
Therefore vpu are instructed that
it a private person attempts to arrest
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The Daily Ardmoreite. (Ardmore, Indian Terr.), Vol. 7, No. 40, Ed. 1 Thursday, December 14, 1899, newspaper, December 14, 1899; (https://gateway.okhistory.org/ark:/67531/metadc616564/m1/3/: accessed March 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.