The Indian Chieftain. (Vinita, Indian Terr.), Vol. 13, No. 15, Ed. 1, Thursday, December 13, 1894 Page: 1 of 4
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CHIEFTAIN PUBLISHING CO.
VINITA INDIAN TERRITORY THURSDAY DECEMBER 13 1894.
VOL. XIII.-NO. 15
PARKER AND WHITE
A CONTROVERSY BBFORK THE
Judgo I'nrkcr Gets a ltacksct for Pre-
suming to Orcrrulo tlio Supremo
tiourit-IIh Courso In Clmrirlnfr a
Jury Mcols Itcproof.
HOLI DAY GOO DS H EADQUARTERSI
St. a: BTJOEtNTSI'
Wasiiinoton D. C Nov. 2C
A very amusing complication linn
arisen between Associato Justice
White of tho United States su-
Jiremo court and United Status
district Judge Parker of tho west-
ern district ot Arkansas. It was
thought that an order in reference
to it would bo inado by tho su-
premo court previous to its ad-
This came to tho attention of the
cour.t luKt Monday when ex-Atlor-nev
Gunoral Gurland presented a
motion to fllo a petition for a writ
of mandamus to be issued to Judge
Parkor. At tho May term of tho
district court in Arkansas Lafay-J
otto IIucIfcii was convicted of an
assault with intent to kill and was i
sentenced to four years' imprison-'
ment in tho Kings county (New-
York) penitentiary. Oil August 14
counsel for Hudson presented a pe-'
tltiun to Justice white for a writ
oforrorto tho district court to re-
verse its judgment and for a writ
of supersedeas and hail pending
said-writ of error. This petition
was indorsed by Justice White as '
"Writ of error to operate as a su
persedeas allowed returnable ac-
cording to law tho defendant to
furnish bond in the sum of 85000
conditioned accoiding to law to be
approved by the district iudgo "
When court convened in Sep-
tember Hudson presented to Judgo
Everything to iriako glad tho HOLIDAY SEASON.
SHOES JsJXT) HAT6.
Tle Lcqi'gest Supply ix 1'li.e City.
H. B ale ntine .Proprietor.
Lend Me Your Ear .
Not to make a Saddle of
But to tell you that 1 am still in the
Saddle Harness Boot i Shoe
And Expect to Head the Procession.
vitnTA arc teh.
LOCAL MERCHANTS AND CHRISTMAS
TREES SUPPLIED AT THE
The Best in the City.
Wo Make it While You Wait.
Calidy - Kitchen!
Noxt to Postoff Ico.
Fresh Candies . . .
... Of Every Kind
A Dozen Times a Day.
Call for an Assorted Xmas Box
Meat and Produce Market
I Mr ftilqtmteT for
Fresh and Salt Moats
Qnrrio and Fish
Colory and Oysters
West of Miller's Hardpro Store.-
X Fin tr $U.nn
W. F. CARTER Prop'r.
A Full Line of Holiday Goods at Prices Below the Lowest!
FINEST CIGARS AND TOBACCOS.
Parker his bonil of $5000 mid
i naked to bo disclinrgcd .from cus-
tody. Judge Parker refused to ap-
prove tho bond or to disclmrgo llio
prisoner and made tho following
lentry on tho court' n cords re-
specting tho ordur of Justice
"It is found by tho iudoe of thin
ciiurl that tlio above order in made
without authority of law and in
v tlVonforo invalid and that tho
bo rid approved by him in obodi-
encfc lo it would bo null and void
nn3 that there would bo no nbligu-
tioh of tho eurotics lo have tlio
principal in court when and whero
he is required by tho terms of the
borjd to appear nor Would there
bo any obligation resting on the
principal to appear as required by
-the torms of tho'bond. For tho
above reasons tho Judgo ot this
court refuses to approve tho bond
tendered by tho defendant and
further it is noted that defendant
lias made no legal tender of bail."
Tho motion of Air. Garland of
last Monday followed. This prac-
tical overruling of a justice of tho
supremo court by a district court
judgo has created considerable
amusement among lawyers who
have becomo cognizant ot it and
thoy aro watcjiing tho caso with
some eagerness to boo what will bo
tho outcomo. Their internal has
" not been lei-sencd by a knowledge
of tho fact that Judgo Parker 8113-
geitcd that ho is willing to appear
before the supremo court and make
an argument in pereon in support
of his position. The fact that So-
licitor General Maxwell has filed a
brief in opposition to tho motion
of Mr Garland indicates that Judgo
Parker will' not bo hoard.
At tho mi mo timo tho motion in
the Hudson case was nindo Mr.
Garland moved for leave to fllo a
(Staplo and Fancy.)
Boots and Shoes
BUYS FOR CASH
SELLS FOR CASH.
Hence Meets All Competition
"Wo All 1-Iu.vo to Eat!
5c to $2.oo .
My Saddles Are the Best
And My Cowboy Boots
VINITA IND. TER.
"W- "w ilixjljsies.
Stoves Ranges Household Goods
PARLOR AND KITCHEN FURNITURE.
SURELY THESE ARE SUGGESTIONS.-POINTERS.-WHICH YOU WELL MAY HEED NOW
THAT THE HOLIDAYS ARE AT HAND.
KoojaLxig7 Goatterixig ZB-iailciirLg 3E3Iarcl-vsrire7
Will Give Special Figureson.
-HULL LINE OF COFFINS CASKETS AND UNDERTAKERS' GOODS.-
Mrs. Frank Billingslea
Will sell a
HOLIDAY : HAT
ONLY G1TY TRIMMER IN VINITA.
petition for habeas corpus In be-
half of Famous Smith whieh
motion likewise grew out of Judge
Parker's action. Smith who is a
Cherokeo Indian was convieted
in Judgo Parker's court of the
murder of James Gentry. On
appeal to tho supreme court of the
United States the judgment of the
court was reversed on the ground
that the government had failed to
prove that the deceased was not
an Indian and the cast was .re-
manded with instructions lo set
aside the vordict and for further
proceedings "in conformity with
tho opinion of this court." These
"further proceedings" Smith con-
strucd to consist of his discharge.
Judgo Parker construed them to
mean another trial. He overruled
a motion for defendant's discharge
and awarded him a new trial td be
had in March next. Then Smith
asked the United States supreme
court for lcavo to begin habeas
corpu3 proceedings in that court
aB an original caso. The ruling of
the court upon these two motion?
cannot bo announced until the
court meets December 3.
Judge Parkor presides in a court
that has jurisdiction over a popu-
lation among whom occurs a
greater number of murder than
among any equal number of per-
sons in the United States and the
great number or executions there
has given it the name of "Parker's
slaughter pen.' Naturally many
appeals come to the supreme
court from Parker's court and the
records show several reversals
of sentences of death nassed
by the judge because of the
matter of his charges to the jury.
Chief Justice Fuller recently re-
versed a caso from his court in an
opinion which attracted much at
tention lienry Starr a noted
character had killed Floyd Wil-
son a deputy marshal who was
attempting to serve a summons
on him from Parker's court. The
NO OLD QOODS.
From tho City In the Shop.
People's Meat Market
s-EAST OF TRAGK
J. H BAILEY Proprietor.
nmnfirifis Ms Mines flats Cans Mrh s Wnmn
Buy Groceries Where they
Are the Cheapest.
R. L. CHAMBERLIN
AND FURNISHING GOODS
HUL:n.'7sr:r Ln.ci 3pi th KTetire
East of Track.
Cash for Hides and Furs.
ff Hi! 7
S " ' I1 I""!
Freah and Salt Meats
Lard and Everything to
Tempt the A.ppetite.
GUNTER & SMITH
and Fair Prices.
Drivers who know the road
East of Track.
M ail m Groceries
Provisions and Country Produce.
."Prompt j$L.ttontioii to Orders.
I .And DProrh.pt Doliyery.
Special lino of goods for tho
HOLIDAY "TRADE. :
DON'T FORGET CIIAMBEKLIN'S GROCERY.
fi Tl II art Flit Ml mi
As well as our General
Stock is the Most Com-
plete in the city.
Call irt and let us show
People's Drug Store
P. Stianalian P rop'r
Dry Goods Glothing Hats
Fine Line of Dress Patterns Personally Selected
After Visiting St Louis and Chicago!
A. TPvlII Stock of
'Hardware and Stoves!
defendant pleaded that ho did not
know the official character of tho
mnn and believing the deputy
marshal was about to Bhoot he
drew and fired. Commenting on
this in his charge Judgo Parker
said: "What is this posse to do?
What was the deputy marshal
commanded to do? To go into tho
Indian Territory and hunt up Mr.
Starr and say to him that 'on a
certain day the judgo of the Fed
eral court at Ft. Smith will wnn.
ipnli. nll.nllnn .1 t. tiffin tvSnl Annm
I J uu. tit. !.... t" .I...U ..in. UUITU
. f iinrn wh.mtn vmi or. Miartroil
with horsestealing. You will be
kind enough sir to put in your
attendance on that day. and the
judgo sends his compHmenU to
you Mr. otarr.'
"is tuat tho message from toe
court that is to be handed to Mr.
Starr on a silver platter with all
the formalities of polite society?
Is that what Mr. Floyd Wilson
was employed or engaged to do?"
In expressing the disapproba-
tion of the supremo court of these
expressions W Judge Parker
Chief Justice Fuller said:
"Whatever special necessities
of inforcing the law in all its rigors
thore may ho in a particular quar-
tor oi the country the rule br
which and tho manner in which
the administration of justice
should be conducted are the same
IRONSIDE FOR LOW PRICESI-g
Walt for Prof. Hlraehbera. "
Do not triflo wltu your eye-right
bat codsuU Prol. Uirtcbber? tbe
rccogniied New York and bt. Loals
eyo expert or one oi bis sUB who
will be in Vlnlta Deo. 21 to 27 at the
store ot bla agent A. W. Foreeaaa
Eyes examined free of charge. H-19
IT IS aRTtiAilNG TO K CLOSE.
The time is drawing to an end for this great slaughter offline seasonable merchandise at TELE MODEL'S GREAT REMOVAL SALE. The
time will soon end for this great and only harvest. Remember we move to our new quarters not later than Jan. 1st. We have a few more
OVERCOATS at $3.98 worth $6.00 and some at $5.00 that formerly sold 'for $8.50 and a few of the still better ones at $9.98 that can not5
be had in this town for less than $18.00. We have still got a few of our NOBBY SUITS at $3.48 worth .$7.00 and some at five dollars that
would be considered cheap these silver times at ten dollars. Plenty of dress suits for the holidays; black clay worsteds sacks as well as
long frocks made in the latest fashion at S5 that would be a bargain at 25.00. Underwear too numerous to mention or give prices on.
We carry the largest line of neckwear in the territory especially made for the holiday trade from 18c. to 1.25; they are daisies. Shoes and
Boots of every kind from the cheapest to the very best go at a very low price during this great removal sale and all other goods in proportion
Oome while it lasts; come and see for your own self what is)f oing on at the MODEL in the way of prices.
f I r "T L-l I Kl IQS LJ rS I I O CT S. WIMER PROPRIETOR LEADERS OF
Sm ir I ' ' I III B H I I k- m. M m. m m
LOW PRICES McCLBLLAN BUHdMNO
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Marrs, D. M. The Indian Chieftain. (Vinita, Indian Terr.), Vol. 13, No. 15, Ed. 1, Thursday, December 13, 1894, newspaper, December 13, 1894; (gateway.okhistory.org/ark:/67531/metadc71363/m1/1/: accessed September 20, 2018), The Gateway to Oklahoma History, gateway.okhistory.org; crediting Oklahoma Historical Society.