The Daily Ardmoreite. (Ardmore, Indian Terr.), Vol. 7, No. 40, Ed. 1 Thursday, December 14, 1899 Page: 4 of 8
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V . r
7
- i
t to belieye baa committed the offense
" of robbery and it inch person resltts
euch arrest and by reason of inch
'- resistance eucb person be "killed by
the party attempting the arrest - tbe
person doing tbe killing is jnelified
under the law bat in order to ie jus-
tified the party attempting the ar-
" rest must use all reasonable e3:rts
' to effect said arrest without success
and there mast have been in all prob-
ability no prospect of preyenting In-
jury from such resistance or the es
cape of the person whose arrest was
" attempted. Bat in order to Jaitify a
- killing nnder ancb circumstances it
must appear that a robbery bad been
committed by' some one and that
the person whose arrest was sought
did tbe robbery or that the person
'" attempting tbe arrest had reasonable
m-onnds far believing that he was
guilty of the robbery. v - -
A party lawfully attempting to ar-
rest another for robbery may Bias tbe
party whose arrest was attempted
if the party whose arrest is attempt
ed resists the arrest and by so doing
endangers the person attempting the
airtst. or the Darty attempting the
arrest may slay the party whose ar
rest is attempted it it it should be-
come nesessarv to prevent his es
cape.
If the jury believe from the evi-
dence that before tbe killing of the
y deceased tbe defendant Andrew
Walker had been robbed of two pis-
tols by some one then be and the
other defandants were authorized by
law to arrest the party or parties
committing said robbery without
warrant issued therefo and bad tbe
right to use all proper and recessary
means to effect said arrest as herein-
before defined. And if tbe deceased
Embree either alone or in connection
with others committed said robbery
or if sa!d robbery was actually com-
mitted by some other person yet if
it reasonably appeared to tbe de-
fendants when viewed from their
J?t"r"1P??E.t that tbe said Embree and
' bfs companions were the guilty par-
ties then tbe defendants would have
been jastifiecl in law in arresting said
Embree and big companions and it
under these circumstances the de
fendants did attempt to arrest said
Embree and his companions ina'S.w-
ful manner and it you believe that
eaid Embree refused to submit to
said arrest but resisted the same
' and by such resistance he was either
about to escape or was about to in
met injury upon tne defendants or
either of them shot and killed tbe
: said Embree to prevent said escape
. the defendants would be justified in
. such killing and you will acquit
them. And in this connection you
are instructed that if the defendants
" or 'either of tbem shot and killed te
deceased to prevent a threatened in-
jury to defendants or either of them
at tbe time of said attempted arrest
that said danger need not have been
u real danger but if it appeared to
: be. a real danger to defendants or
. either of tbem when viewed from
.their standpoint it would justify
the shooting though it may now ap-
pear that the defendants were in
faot in no danger. '
Th0 statute also provides that "all
persons boing present aiding and
abetting or ready and consenting to
aid or ate iri any felony shall be
. deemed principal offenders and in-
dicted and punished as SUCh."
Gentlemen of tbe jury your ver-
dict must be based upon tbe law and
tbe evidence and not upon suspic-
ion presumption or prejudice. . You
should in reaching your verdict act
Nvltbout fear fvor or affection.
Your whole duty 'will be done when
you'have settled the question of fact
Tbe law as iLhas bean given to you
by tbe court must be your guide as
to the law but you alone must de-
tido tbeqw6Bti0ll of fact as to wheth-
er tbe defendants or either of tbem
first are or not guiUy of the crime
of murder as charged in the indict
ment; second as to whether the de-J
fendants or either of them are guilty
of manslaughter.
If there is a reasonable doubt in
your minds after consideration of
all tbe testimony as to whether they
or either of them are guilty of either
of these offenses tben you should re-
solve that deubt in favor of the de-
fendants or either of tbem and ac-
quit tbem. Bat if you are satisfied
of the; guilt of tbe defendants or
either of tbem of either murder r
manslaughter bejond a reasonable
doabt as charged ia th indictment
then you should so find by your ver-
' diet that they or either of them are
trouty lot either murder or man
slaughter according to the facts
and tbe law as heretofore given and
of that offense ot wbicb you have no
reasonable doubt.
Should you find tbe defendants ot
either ot tbem guilty of murder you
may return a verdict guilty of mat-
Kmltkftnr nanital nnnUhmAnt. "
8IDXBT 8TJGOS. FfWto0.
PabUbd Br.rT Aft.noo (Ssturdsy
cuvtA) and Sunday Moral. .
Offlo. f p.bllcUom. Coort Btrt.
tared at tb Potofflo at Afdmor ma
euad elaaa mall mattT. Kor. ST. BS. -
. i BUBUCWPTIOW BATES.
DllWMt - :
OaaMoDtb " . ' -OaaTaar
' .
OFllCUL JCCKN1L CUT OF 1IPI0EE
.v; a AND .
THE CHICKASAW NATION
Words Whispered la Oar tar Fro
- Inland Towns In the Territory
" Thursday Aftemooo. v!
UNITED STATES COURT..
- rfca United Statoa ooort tor-tbla district
mal meet aa follows: ... .
Ohlckaaba ...February 7 and October S
Bran. Febraary 11 ad October 17
d.-i. c.iu. u.n-h 7 end October SO
Ptircell .Marcb 98 and NoTember M
Ardmore - April U and lecemDer
BTeiea Townaend rntted States Jnds
W. B. Johnson United Statea Attorney
0. If. Oampbell United Statea Clerk
ink. n Hmmmer United Statea If arabal
CITY DIRECTORY. .
Mayor W. T. Gardner.
ALDBIMBH.
Mfko nnmin. A. Eddleman. Jo. Taylor. Lee
Cruce L. C. Slaog-bter. J. R- Pennlnaion.
Dick Best and Sam Noble.
City Clerk . Dare Beat.
itiim J. C. Grabam.
Chief of Police A. 8. PulUam.
Assessor and Collector W. R. Roberts.
Police Jndge -- ? L- Gait.
Street Commissioner ..W. R. Archer.
CitT Physician J. W.Moffett.
BOABD C P HEALTH.
W. T. Boeie. T. S. Booth and J. F. Roblson.
Chief of Fire Department -..Horace Kendall.
.TIME TABLE
Half. Colorado and Santa Fe Railway.
aOUTH-BOOSD.
Salreston and Chicago Eipresa S:8S a. m.
Qlebarne and Kansas City Express.. 5:07 p.m.
OBTH-BOOSD.
ialreston and Chicag-o Express 12:80 a. m.
Jlebnrne and Kansas City Exrresa..ll:3S a. m.
A. Locas. Ticket Ag-ent.
W. S. Keehax. General Paaaeneer Acent.
Abdmore Thursday Dec. 14.
A few dollars judiciously expend-'
ed would make all of the down-
town 6treet croasings passable.
'The British in Africa appear to
be Blfctty well BrJel-ed but Boer
milling stcek in London is not
particularly Bnlled. '
Doughertj Mi88 Iry Ilardjraad
Mrs. Loa Hardy of Berwjn.v who
were here this week visiting $Le.
and Mr?. H. Hard r returned home
la'Bt'nigM; . . " .
I e" remains of Ben A. Arnold
a prominent citizen of Mill Creek
who died yesterday morning fvere
broneht here last night from Mill
Creek and shipped to BerVyn for
burial on this morning's train.
' Our street commissioner is doing
some good work on our streets this
week. J
Marietta Mrs. Dent is at Ard-
more attending court. t
Simon Westheimer sold 59 bales
of cotton to Dodson and Hill of
Ardmore last night. f
Depnty McLemore is here today.
Capt. Myers is erecting 'a wind-
mill at his place here in town.
SMe?iG Ks?t.e:RoonY
Lone Grove L. B. Mullens of
Ardmore is here this morning.
Jesse Garrett has sold his resi-
dence property to F. M. Byrd.
The firm of Roper & Armor has
been dissolved V. L. Armor retir-
ing and Mr. Roper to continue the
business.
G. W. Whaley and Will Conn
went to Hewett yesterday after
noon.
The British are' beginning to
consider the price which Kruger
said would have to be paid before
the Transvaal wassubjueated. '
The nomination of Jos. A.- Gill
of Kansas to succeed Judge Spring
er on the Indian Territory bench
has been made by tbe president. .
The Washington Post says that
Paderewski has returned to Amer
ica with a new wife and taneled
hair. This is not however it is
presumed an . insinuation that his
new alliance is an entangling one.
.The ladies holiday edition of the
Aedmoreite is going to be a hum-
mer and is an excellent advertising
medium fo.' our merchants. The
eight-page Daily Ardjioheite also
offers excellent returns to the en-
terprising business man.
Several Territory editors aresee-
ing snakes because it is re ported
that the brewing and distilling in-
terests are lobbying in Washington
for the repeal of the prohibition
law now in force in the Territory.
Hasn't there tieen a similar lobby
before!
says that
the Boars
r The Globe Democrat
the British may defeat
by numbers but not by surprises.
It seems however that if the Brit-
ish perpetrate many mors surprises
like that at Stormberg they won't
have even tbe numbers to defeat
the Boers.
A beautiful Hue of gentlemen's
handkerchiefs embroidered ends
only 10c 3 for 25c at
Sm Simon & Bho.
v Go to A. A. Bulard & Son for
cut glass and silverware. 7 t24.
Some republicans in theseuate
are becoming recalcitrant over the
president's nomination of W. D.
Bynum to a fat gornment posi
tion.- They are vet to be blamed
for this because no man likes to
see a renegade 'rewarded in prefer
ice to tberseVho have been faith-
ful to their 'professions.
A child's :5 piece silver et
knife forkspoon c?p and "nap-
kin ring only $1 at
SlQ SlHOK &&Q. .'
Have yon a cold? A dote of Bal-
lard's Horeboand 8yrap at bed-time
will remove . it. Price 'fcs'and 50 tsta
at City Drug Btore arrd W. B. Frame.
TisLomingeDr. Vannoy is on
the sick list.
Ex-Gov. Harris and Nick Mickle
left yesterday for Dallas to bnv
holiday goods.
Alex Ben'nie went to Oakland
this morning.
The school of Miss titflma Van-
noy will give aa entertainment tonight.
Miss Agnes Fisher and Mr. B.
II ColberC Govi Johnston's private
secretary were married here Mon-
day night at the home of the bride
Rev. J. Y. Dryce officiating.'
Gov. Johnston is here pnhis way
tj Ardmore. t
" - ii
Earl A. Nichols of AVuiuore is
here today. .
'.Volunteer and Sailor clocks in
ebony and brotrie useful Christ-
mas present Tor $1.50 at .V
SlG SlMOX & BHO. :
It bArtiaaneH Uerbine. bv exriell-
teg rtftn the body tbe exoes of bile
and acide improves the aMimilative
proceseea pariflea the ' blood 'and
tones xro and atrenirthena tfa ..ntba
fliyBtem. PriV. 60 eta at dry Dree
wore and Yf. B. Frame.
For broken limbs chilblains bnrna
aoalds. brnised. abina sore throat.
and aorea of every kind. apply Bal-
lama snow Liniment. It will give
Immediate relief and heal anv wanna.
Price 29 and 60 eta at City Drue B tore
ana w. is. rrtme'i. .
Useful as Well as $retty gifts .ire
those silver mounted shoe horns.
button hooks tooth and nail brashes
for only 25c at 11
SiqSimc:t& Bho.
Purify tbe sewers of tbe body and
timalaU tbe dlgeatlre organs to
maintain health ftrength and ener
gy. Frtoltry Aih Bitters is a tonic
or tbe kidneys liver stomaeb and
do wen. reraaie by w. B. Frame.
yv. o. uuiA(NJ is
now located in the post
office block with a big
and new line of tailor
ing goods to- select
from. Prices to please
everybody. ; .
W. S. DUNQAN.
Fine Taiiorinj?.
For Goofls I flrrin
- - . . - -
See our prices. : We have everything . you want in Hardw
Tinware and Harness. We have the best make of Hacks BupS
Phaetons and Wagons. Canton Clipper Plows Cultivators' and if
and Cotton 'Planters. New Home White and Queen Se-
Machines the celebrated Leader cook and heating Stoves. fGu:
every description. . . " ;
Our stock is the largest our prices the cheapest. All goods
under guarantee at the lowest prices. -
Stevens Kennedy & Spfagins Co.i
I J. M. GOLLEDGE & CO
Springer D. M. Sellers a for
aer merchant of th?s place has re- j
turned from CLico Wise countv
Texas and will Kt into the farm-
ing business oa an extensive scale.
Mr. Dickey who came here with
Mr. Sellers is trying to rent' land
and will probably locate withus.
This community is undergoing a
great change in citizenship.
Rev. VV. II. Averjtt went to
Ardmore today.
Mr. find Mrs. VVni. Pattbn are
in Ardmore today. .
" . !i
Durwood Bob and J. II . Arnold
went to Berwyn today to attend the
funeral of their brother Ben A
Arnold which will occur at that
place this afternoon.
The engineerng corps of the
Arkansas and Choctaw road are
camped here and are running "the
hue of the railroad through this
place.
3
0
Have the Best Line of
Queensware Fine China and Lamps
Ever Brought to Ardmore.
We Also Carry a Full Line of Shelf Hardware Stoves and Tmi
!
Don't Forget
This..
t
THE CHEAPEST PLACE
TO BUY YOUK . . ' .
Toys;
Holiday Goods
Fire Works
and Candies
.IS THE.
Cincinnati
Rachet Store.
P. s.-
-Beautiful line of RUGS at greatly
reduced prices.
.North Side Main Slhxt AEDMOEE. I. T
I vers i.& Pond
C. H. Edwards IT llCllUlHU)
Mandolins
Violins Etc.
Guitars
Sw'od for prices and catalogues.
C .H. EDWARDS MUSIC CO.;
2S3 Main Street Dallat Texas.
Speaker Henderson's grs
quite a curiosity. The had i
rosewood from Montfjo'i fcr
and the handle of entire g
grown in Polk county k t
decorated by an eagle's bulk
ing a scroll inscribed "E Pir"
Unum." On the uppn frr:
are doves and a garland
lower pictures of the United &'
ships Iowa and Des Moina. !
Iowa arms and Mr. Heste
monogram are on the tide 41
head. I
ELECTION PKOCUUUTI0I.1
Whereas under tb lav tU i
of two icbool. director of tkif
cboola of the city of ArdDonk
will expire on third 8atnnlij:
cember. A. D. 1899 tha mmi
the 16th day of aaid oti
whereas the law reqnira tt.
election be held on tbe Uiri t
day in December is eacb tMi
jear fo the f lectin of twos
Of aaid school boards . .
Therefore I W I Gartat
authority VtaUd in me ta
thB said city of Ardmore Is
ritfy do hereby order aa
trt Ko KM in airl ritw 01 Ot S
Saturday ot December A.-1
the lime being tbe lftb J7
month for the parpoae of
two members of tbe boirfl l
directora of tbe pablic Ktottt
aaid city of Ardmore hw
lory Jt
This being an electioa r
bereby deaignate tbe poflW f.
tor aaid election to be
First Ward Bnrcb A verwr
Second Ward-L. P. Gle-n
Third Ward-J. N. MorraJ
Fourth Ward-Wblttiigto
The polls shall be op
o'clock a. m. and cloaedity
the time' day tbe rem
election to be forthwith
mayor and aldermeo of
Done at the city of Aiff
dlan Territory on tbU.U 1
ot December A. D. 1.
W. T. Giff
Mayor of tbe City of J
Shot guns and repeal
are in demand this" cpsJ r
Get one from Bivens
R.lr TnM
WU1 leare Kansas City
. mmniulnr ffOT. vl"t"'
div of e-ach week tbefeaS
Miaaoorl Kanaaa ft I0 r
for San Frtmclsco wi"
railway Waoo to Flatoai:
Ran Anfennln to CaJlfOf9
The eqnlpmant will
cars of tbe moat apV
with tbe latest tapr!
nmfnrti. For tBeil f
eorering tblasieoraio.'
local agent for iafona'-""
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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/m1/4/: accessed March 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.