ii" -l
sy
F- er-
THE INDIAN
CHIEFTAIN
0 &
CHIEFTAIN PUBLISHING CO.
VINITA INDIAN TERRITORY THURSDAY FEBRUARY 13-1896.
VOL. XIV. NO. 24
P
:
"X
WOOING A WIDOW.
After Considerable Experience Mr. Peter-
kin Found the Klght Method.
"I have often wondered" said Squire
Ben "why it was that some women are
overwhelmed -with Bultors so to speak
while others hare not a solitary one.
There is something queer about it but
perhaps it comes from perfectly natural
conditions but of which we are Tin-
aware. And this reminds me of a
story. Some thirty-odd years ago I
don't know exactly how many but it
was some time during1 the war I heard
a story which & returned soldier was
reading in a newspaper to a little
group around him to their great en-
joyment. The story made such an im-
pression on me that I haven't forgotten
it and will tell it in outline.
"Mr. S. C. Peterkin was a prosper-
ous young man of business in Xew
York city who got ahead in spite of
his constitutional modesty. This was
his way in society more than in trade;
he was afraid of women more than
men. For a long long time he had
set his heart upon a lovely young lady
named Violet. He often called upon
her and resolved again and again to
offer his heart and-hand but as often
that hart failed him. At last he be-
came alarmed by the fact that the
dashing Capt. Latham of one of the
sound steamers was often at the house
when he called to see Violet. At last
he conld not bear the suspense any
longer and he ventured with much
hesitancy and awkwardness but with
do-or-die determination to ask her to
be his wife. With remarkable coolness
she replied:
" You should have spoken long ago
Mr. Peterkin; I have been engaged to
Capt. Latham for some time past and
"we are to be married very shortly. I
am sorry to disappoint you but we
will be as good friends as ever and yon
must come to see me just the same.
The captain will always be glad to
have your company.
"Peterkin went away sorrowful. But.
a brighter day soon dawned for with-
in three months after they were mar-
ried the captain fell off the steamer in
a fog on the sound and was drowned.
Kbw Peterkin took heart. He would
have the widow. A year of mourning
wore slowly away. He kept his eye on
the widow "but would not insult the
memory of the dead by proposing until
a decent interval had passed. The
year ended and be laid his heart again
at the little feet of Violst. She heard
him quietly and gently remarked: 'My
dear Mr. Peterkin I am sorry to dis-
appoint you again but for the last six
months I have been engaged to Dr.
Jones. It was hard for me to make up
Hiy Blind between .him and bis friend
the handsome Lawyer Bright but Dr.
Jones was so good to me while I was.
sick in the winter after my husband's
death that I promised him 1 would be
his at the end of the year.'
"So poor Peterkin retired once more;
the Widow Latham became Mrs. Dr.
Jones and so remained while the dis-
comfited Peterkin wished the doctor
Eiight take enough -of hi own pills to
make an end of him. Time passed on.
Peterkin was walking down Broadway
one day while net far ahead of him he
saw two men one of whom he knew to
be this hated Dr. Jones. A large flat
stone was being hoisted to the coping of
a new building; the ropes gave way; it
fell and instantly killed the two men.
"Peterkin rose to the emergency of
the moment. For the dead he could be
of no avail. His thoughts were on the
widow. He turned he ran he flew to
her abode. When she entered the
room where he awaited her he began:
My dear Mrs. Jones I bring you
dreadful news. I was walking on
Broadway when I saw a stone faU
from a house upon your poor husband
and he is dead but you must let me
comfort you. I beg you now to be
mine my Violet at last.'
" 'Dear Mr. Peterkin I am so sorry
but when Dr. Jones and Mr. Bright
were both begging me to marry I took
th& doctor and promised Mr. Bright if
anything happened to Jones I would
certainly be his. So you see I am en-
gaged. I am sorry for I think a great
of you my dear Peterkin.'
"Peterkin -was very calm and self-
contained. He said: 'And will you
promise to be mine when the lawyer is
no more?' Certainly I will with all
my heart and'SouL 'Then come to my
arms my Violet for the same stone
that killed the doctor was the death of
Bright and you are mine at last!"
Boston Herald.
GROWN BY ELECTRICITY.
The Government's Experiments In Agri-
culture. Probably the most interesting of the
many miracles which scientific men are
learning to perform by aid of electricity
is the artificial growth of plants tech-
nically known as electrocultcre. This
is as yet a new science and little has
been told the public concerning it In-
teresting experiments in these lines
are now being carried on at several of
the experimental stations of the de-
partment of agriculture.
The agricultural experiment stations
are testing several different systems of
electroculture. One of these is the di-
rect application of electricity fur-
bished by a dynamo to the plant it-
self and to the soil in which it grows.
Another is the distribution of atmos-
pheric electricity among plants by a
similar method. Still other tests are
being' made with both arc and incan-
descent electric lights for supplying
sunlight so to speak at night The
first mentioned experiments are being
carried on by Prof. C D. Warner of
the experiment station at Amherst
Mass. Prof. Warner has prepared two
plots of ground side by side each six
by twenty feet long. To compare
plants grown by electric aid with
those raised according to the natural
method one of the experiment gardens
is furnished with electricity and the
other is without it The soil is of a
rich loam and that of the electric
garden is surrounded with a timber
frame on which are arranged nu-
merous porcelain insulators a few
inches apart holding a continuous un-
covered copper wire. This copper wire
crosses the garden as many times as
there are insulators on either side
The whole framework thus fitted
looks like the string frame of a largo
piano.
The wires are covered with earth to
the depth of two inches and in both
gardens various vegetables have been
planted from time to time. These
plants are so arranged that the rows
in the electric gardens are continua-
tions of those of the non-electric in
order that the contrast of development
might be more easily noted. The
wires are fed from a small building
containing the necessary machinery.
After applying currents of various.!.
! strengths it was found that a certain
flow of electricity through the elec-
tric garden produced strange results.
Many varieties of seeds sprouted much
more rapidly and many plants blos-
somed much earlier than in the
other. Boots of certain vegetables and
the tops of others were found to be
greatly enlarged nnder the process.
In fact all plants were found to be
stimulated by a current of certain
strength. The physiological effect of
electricity upon plants although not
yet definitely understood is probably
similar to that experienced by the
human anatomy or by the animal tis-
sues. Electricity is applied to par-
alytics because it stimulates the
nerves and muscles just as exercise
does. A strong current is used to re-
move superfluous hair while accord-
ing to later reports a milder current
will produce hair on bald heads. In
the same way an electric current too
strong will destroy plant life while a
milder one enhances its growth. There
is also the theory that the electricity
produces a chemical effect upon the
soil or surrounding atmosphere rather
than a direct effect upon the plants.
At the Ithaca (X. Y.) experiment sta-
tion Prof. Bailey by aid of electric
lights burned all night in greenhouses
makes plant life work "overtime"
that is he forces plants to do both day
work and night work without a mo-
ment of "sleep." Sunlight as well as
atmosphere and water is necessary for
a plant's development. The electric
light resembles sunlight in its compo-
sition more than docs any other artifi-
cial light. It is the common theory
that plants grow mostly at night
making use of the air water sunlight
and other materials which they have
received during the day when the sun
is shining. It is generally believed
therefore that they need rest just as
animals need rest for the build-
ing np of the tissues worn out during
the day. Prof. Bailey however does
not believe that plants need rest in the
same sense that animals do.
After learning of these wonderful re-
sults from experiments as yet in em-
bryo it would seem that we may yet
see the day when there will be many
harvestings on a farm each summer.
The modern farmer will erect lines of
high poles throughout his fields sup-
porting not only mechanisms for gath-
ering the atmospheric electricity but
also immense electric lights for sup-
plying sunshine by night. Who can
say but that forests will- some day
be made to grow up from seeds in but
a few months or that the builders of
new houses may not grow shade trees
about their homes in that time?
WANTED TO FIX THE ADDRESS.
She Would IUto John's Letter It She Had
to Walt All Xleht.
"Xo sir" said the clerk at the stamp
window "the life we lead is not what
people nowadays term a soft thing.
If you could spend a day here you
Tvould not wonder why my hair is
turning gray at thirty.
"What worries me?" and the smile
with which he accompanied the words
was bitterness itself. "Ill tell you
what worries me. A thousand and one
things! A thousand and one persons
of every age character and descrip-
tion dinning questions into my car
every minute in the day. And they
expect me to answer with unperturbed
amiability.
"Why only last Friday" he con-
tinued "a sour-faced old lady came in
to interview me. It was about eight
o'clock in the evening a time when I
ordinarily have a little immunity from
torture but when I saw her approach
I scented trouble. 'Young man' said
she I dropped a letter in that placo
an hour ago.' 'Indeed' I replied po-
litely 'that is the place for it' 'I
know but I want it again' she re-
torted 'it wasn't properly directed.
'I am very sorry madam' I expostu-
lated 'but it is against the rules for
me to return a letter to anyone. If
your letter is deficient in address write
a line to the postmaster of the place to
which it is going and he will see that
it is properly delivered. Besides there
are a thousand or two letters in the box
and I could not find yours even if it
were right I should do so. Those rules
you speak about are all nonsense. I
must have that letter to John now
so'slcanfix the address.' I was be-
ginning to get a little warm about the
collar; but I held out bravely. 'It is
forbidden to return a letter for what-
ever purpose and I cannot do it' this
as graciously as I could 'and as I
said before I have no time to run
through a thousand or more letters.'
'What!' she cried shaking her parasol
in the window uncomfortably near
my face 'don't you s'pose I know what
you're paid for. You're paid to do as
the public demands. And I tell you I
must have that letter. It's to John
Wesley Dyer Philadelphia and I
shan't leave till you hand it out if I
have to stay till morning. D'you
hear?' I tried another argument I
consented to search the receptacle for
the letter and hand it to the postmas-
ter whom she could consult in the
morning. But that would not da She
must have the letter; she had put it
in there and would not stir a step un-
til she bad gotten it and fixed the ad-
dress. "Making tli e best of a bad matter
went about the task of finding the
precious missive with as good grace as
I could command but though I
worked as rapidly as I could frequent
interruptions retarded my efforts and
half an hour had elapsed before I final-
ly unearthed it I asked the woman '
if it was the letter in question and 1
she said It was fairly snatching it
from my hand. And what do you sup-
pose was the alteration she deemed so
imperative? Don't know? Well when 
she returned the envelope to me she J
had simply scrawled 'In haste' on the
corner of it and when I had recovered
my senses 1 was conscious 1 had broken
one of the commandments." Wash- '
ingtou Star. j
Hioycle Triumphs cr the Itorr. !
The final triumph of the bicycle jver
the horse is foreshadowed if it has not
actually been accomplished on a big
farm near Wellington Kan. One of the
joung men is an expert bicycle rider
and he usually rides his machine when
driving the cattle to pasture or to the
barns. He is able to scorch around
oter the level prairie and control the
herd with great ease. Maybe the cow-
boy and his broncho aie soon to be but
a memory of the picturesque past
First Yale Student "Ihne you
telegraphed Jo the old man for monev?"'
Second Vale Student "Yes." "Got an
answer?" Yes. I telegraphed the old
man: 'Where is that money I wrote
for?" and his answer read's: 'In iny in-
flde pocket "Texas Sittings.
AS OTHERS SEE US.
A French Account ot Certain American
Millionaires.
The founder of the colossal fortune
a portion of which comes to France
with the new Countess de Castellane
died about two years ago. He was a
prodigious speculator a financier for
whom speculation was a perfect bat-
tle. We refer to Jay Gould the man
who left in addition to his gigantic
fortune an imperishable souvenir in
the financial history of Xorth America.
His name Is legendary in the bourse
of New York where they still remem-
ber him as he sat in his office upon one
of the arms of his chair his favorite
position sending and receiving hun-
dreds of dispatches during the busi-
ness hours. He commanded a perfect
army of brokers and agents. Two
hundred intermediaries operated con-
stantly for him unknown to each
other and his office was connected di-
rectly by special telegraph lines with
twenty-five offices of brokers.
His habits were remarkably simple
and sober. He never touched alcohol
in any shape and never smoked. Jay
Gould only knew one fashion-speculation.
The fortunes of the Vanderbilts of
the Mackays of the Bennetts and of
the Astors arc well known to our
readers and It is not necessary to refer
to them. We prefer to mention a few
other millionaires less popular who are
still in the world of finance.
First ive have Mr. Kussell Sage who
was present at tho marriage of Miss
Anna Gould and who four years ago
was the hero of an extraordinary ad-
venture. It was upon him that an
anarchist named Lord called and de-
manded one million dollars under the
penalty of an explosion. Mr. Kussell
Sage having refused to comply with
the demand Lord did just as he said
he would do. He threw the bomb up-
on the floor of the office of the Amer-
ican banker but that machine intel-
ligent for once only killed the an-
archist Mr. Russell Sage is not only one of
the richest bankers of Xew York he
is worth two hundred and fifty mil-
lion dollars but he is also the one who
has always on hand the most ready
money.
After having been one of the great-
est speculators of Hall (sic) street (the
bourse of New York) he at length eon-
fined his operations entirely to dis-
counting notes and In order to be able
to meet all sorts of eventualities he
has always on hand a running account
of considerable sums. Mr. Sage can
at- any moment draw his check for
fifty million dollars. He was for a
long time closely connected with the
affairs of Jay Gould.
Beside Mr. Sage stands Col. Hunt-
ington who is also worth two hundred
and fifty million dollars. He is the
son of a farmer formerly a farm hand
and he commenced his fortune in specu-
lations in American clocks. He is now
one of the railroad kings and is also a
teetotaler drinking-nothing buttex
The other great speculators with no
more than from fifty million dollars to
one hundred million dollars are Mr. S. (
V. White nicknamed "Deacon White I
because he was formerly a treasurer I
in one of the churches of New York
and very affable and very charitable;
Mr. John. D. Slaybach. who one day
lost more than a million because be
left his office to attend a religious lec-
ture; Mr. H. Victor Xewcomb n young
man who was known as "the boy presi-
dent" at the time when before be was
of age he was president of a railroad
company; Mr. D. 0. Mills etc
All of them operate on a gigantic
scale. To give only one example we
may mention that Mr. S. V. White some
years ago made ten million five hun-
dred thousand dollars in two days out
of one speculation.
Most of these financiers arc also
church members. The piety of Mr.
Sage is especially exemplary. But he
has one passion nevertheless and that
is for horses. His .trotters arc re-
nowned in Xew York. Paris Figaro.
Science of Modern Medicine.
Of all the benefits science has con-
ferred upon mankind there is nothing
mere important than the part that it
has played in the study of medicine.
With its help medicine has become
elevated from a superstition to ons of
the grandest pursuits within the range
of human intelligence. Through the
instrumentality of science improve-
ments discoveries and benefits untold
have resulted even though as yet
many branches of it are still in the
stage of the merest infancy. A propo-
sition has been made of late to com-
bine with the hospital practice of stu-
dents a thorough course of scientific
training on medical lines. The micro -bCoie
and chemistry are the doctor's
strongest allies. With a thorough
understanding of these two agents
added to his ordinary medical knowl-
edge the physician of the future will
be able to cope with difficulties which
have heretofore been thought insur-
mountable. There Is at present a
movement going on the object of which
is to extend the course of study for
students of medicine and to compre-
hend in them more than is now in-
cluded. A higher standard Is also to
be demanded higher in every respect
It certainly should go without saying
that a physician should be of the most
exalted moral character and the
highest grade of intelligence. Ig-
norance or Imposition in this direction
ought to be punished with the utmost
severity. N. Y. Ledger.
A New Movement.
"S-s-h" said the timid-looking man
with two buttons off his vest "I want
you to join us. But don't say a word
about it"
"About what?"
"About what I'm going to tell you
not a word till we get the whole busi-
ness organized. It's a b'g thing the
greatest stroke for liberty since tho
colonists chucked the tea overboard at
Boston."
"What is it a conspiracy?"
"Don't talk so loud. A lot of us fel-
lers are going to get together while
our wives are out of town "
"Well?"
"An' we're going to hold a men's
rights convention." Washington Star.
Sure of It.
"There's money in stocks" said the
man who Is young and enthusiastic
"Yes" replied his seasoned frloud;
"I'm sure there is. I have been put-
ting half mv salary there for the last
four years and that's all there yet"
Washington Star.
The shortest aud surest way to live
with honor iu the world is to be in re-
ality what we would appear to be.
Socrates.
MISCELLANEOUS ITEMS.
The early Saxons seldom wore hats
and still more seldom caps. Their sole
liTaJ covering was the long flaxen hair
which they cultivate J with sedulous
care.
Ludwig IV. of Germany and Otto
III. of the same country were each
designated the Infant The first as-
cended the throne at the age of seven;
the second at the age of three.
Dr. John A. Smith a dentist of
Staten Island X. Y. while pulling a
patient's tooth met with a strange ac-
i cident The tooth broke and a part of
it struck the dentist in the eye caus-
ing it is feared the permanent Joss of
sight
The destruction of life In modern
warfare Is something frightful. In
the Franco-Prussian war from August
4 1870 to August IS one hundred
thousand Germans and French were
killed outright to say nothing of the
many thousands more who afterwards
died in the hospitals from their wounds.
A Yorkshire plasterer who was up
for bigamy before the West Biding
assize court explained that he had sold
his first wife to another man some
years before for three shillings and six-
pence and as she had gone off willing-
ly be ha J decided to have nothing more
to do with her. lie was found guilty
however.
Valladolid Spain the Boman Pin-
tla and the Moorish Belad Walid was
recovered by the Christians by Ordono
II.. the first king of Leon. A. D. 914-2A
It became the capital of Castile In the
fifteenth century. It was taken by the
French January 1S0S and captured I13-
tlie English June i 1313 Here died
Christopher Cotjmbus May SO 1500.
Robert Emmet the Irish patriot
and orator was born in Cork in 1760
and in early life became one of the
leaders of the "United Irishmen." In
July 1S03 he leJ a party of insurgents
which killed Lord Kllwarden then
chief justice of Ireland and several
others. The Insurgents were soon dis-
persed by the troops. Emmet was ar-
rested and after having defended
himself with great eloquence was sen-
tenced to death. He was executed In
September 1S03.
The first white child born in Man-
hattan island was Isaac du Trieux
son of rbilip du Trieux and Susanna
his wife who according to the records
of the Hcormed Dutch church in Xew
Amsterdam first saw the light on
April 21 1642. The distinction of being
the first born New Yorker of white
parents is sometimes claimed for Isaac
Itedlew. But the dale of the tatter's
birth was 1G43. The first white child
born within the limits of New York
state appears to have been Sarah Rap-
elje daughter of Joris Rapeljc who
was born at Albany June 9 1C25.
A man who gave hti name as George
Wilkius committed a bold robbery of
the ticket office o' t'ie Montana Central
depot at Butte Mont recently. An
excursion train was pulling out for
-Anaconda jvfien he raa to the ticket
window aud grabbed a sack containing
about fifty dollars and before anyone
cotUd catch him jurapel upon the
train and was gone. A switch engine
with several policeman was soon in
pursuit and after a hot race of ten
miles the passenger train was over-
taken and thei.robbcr arrested. The
money however was not recovered.
He had evidently passed It to a confed-
erate CUTLETS AND ONION SAUCE.
The Preparation of a Dish That Is Very
Palatable.
There is an undoubted prejudico
against onions still existing in country
districts. French cookery has largely
rooted out this prejudice in the cities
and many city housewives do not at-
tempt their soup or meat braizes and
stews without a little of the flavor of
the onion. Most croquettes and minces
of meat and other "made" meat dishes
require this among the many flavors
of herb and vegetable which go to
making them perfect In all these
dishes the onion Is used sparingly and
does not assert itself as it docs In
soubise sauces and onion soup of
which it is a component part The
onion is one of the most wholesome
and valuable vegetables we have and
it is an ignorant prejudice that has so
largely prohibited its use in general
cookery. For cutlets with soubise
sauce egg bread crumbs and fry in
boiling fat six nice cutlets. Those
taicen irom tne shoulder ana necK are
juicy and Inexpensive. He careful to
trim them if they are lamb or mutton
removing all the fat you can especial-
ly on the outside of the chop as this is
the fat that often imparts a strong
flavor. To prepare the soubise or on-
ion sauce boil three white onions in
water for half an hour take them up
throw off the water put them into a
mixture of half water and half milk
and let them cook for a quarter of an
hour longer or until they are soft
enough to mash through a colander.
Thin this puree of onion with a little
cream sauce or white sauce; let it boil
up once and pour it around the chops.
X. Y. Tribune.
StuI) finds or Thought.
The superlative egotist is the indi-
vidual who finds fault with everything
except himself.
Prosperity is one of the things we
don't think we have until we lose it
A man never thinks but once that a
woman's temper isn't loaded.
A patient forgets how glad he was to
see the doctor when the doctor comes
around with a kill after he is well.
Xo man Is a romantic hero to a mar-
ried woman.
A man can't take a woman's word
for anything he must take a dozen or
more.
A man who will borrow and not pay
Is too great a coward to steaL
If a man's head were broken every
time his promises were broken he
would be in a hospital most of the year.
Mentally only man Is the superior
animal. Detroit Free Press.
Hunt lr riiyitlnlojry.
Old Farmer Reed "was driving some
of the boarders over the beautiful New
Hampshire hills where the winding
roads are either uphill or downhill and
a level space is not found in many
miles. As he urged the strong wiry
horses up one of the steep ascents
he worked out the following line of
argument: "'eaw I s'poe you city
folks think it kinder tough to make
the critters pull up these hills but
'taint so mean as you think. ICs a big
sight meaner to run 'em downhill am'
I'll tell ycr why. Xow when a hos
runs uphill hi vitals presses on his in-
nards but when you run him down-
hill his innards presses on his vitais.
An' that's a sight wuss now ain't if
Youth's Companion
JUDGE PARKER AROUSED.
A SCORCHING OPES LETTER TO
THE ATT0R.NET GENERAL.
The Department of J in Wee and the
.Supreme Court Each Charged with
Impeding the Course of Justice.
Kor.T Smith AUK- February 3. l&Otf.
Hon. Judson Harmon Attorney
General: My dear sir "I nothing
ex ti nu ate or set down aught in
malice" but in this open letter to
you I undertake to write tho words
of truth ami Mibcriiu.-d. Having
the very highest regard for your
great otliee mid foryou personally
1 presume to write as 1 do because
for twenty long laborious years as
a judge of a United btates court I
have sought to proiect innocent
human life to throw around it the
full power of the Ian of the laud
to enforce and uphold the law of
the Uni.ed Sta:es against the man
ol crime.
I write as I do because of the
action of your Solicitor Gen
eral which action wi ilo not
so intended has the eflect
to give security to criminals
and to emb ilden tne 111.111 of bloi'd.
tliu- increa-n.g murder urd work
ing th- de-tiuction of innocent
human life. Such action upon his
part Will have the same effect on
the criminal li'irde in the Indian
country as the numerous and un-
warranted reversals of murder
cases by the supreme court has
already had on them. That action
has increa-ed the crime of murder
in the Indian country 500 per
Cent. Let me a.-sure you the
blood of the innocent murdered
victims is not on my head. You
will permit me to say that I write
you tins letter in the interest 01
the publie and Irom a solemn
sense ot duty in it and everything
I say in it 1 say in behalt of the
enforcement ol the law and to sus-
tain that power by which alone
the people can be protected in
their lives. I write it against the
practical nullification either by
commission or omission of law by
any one no matter how high in
authority. For I well know fiat
only by the law's vigorous en-
forcement is to be found the safety
of the lives of the people. I wri ta-
il under the inspiration that liber
ty property and above all life
are perilous unless those in au-
thority have sense and spirit
enough to defend them under the
law I wrile it because from re-
cenTevenla' in the shape of the
most unprecedented and unwar-
ranted action of your solictor gen
eral in confessions of error iu tht
most diabolical and' w.icked mur-
der cases where the law as given
by the trial court is sustained by
every intelligent criminal authori-
ty it is shown that the great dan
ger to innocent human life Irom
the failure to enforce the law is
increasing by the action ol tho-e
who are entiusted with the en
fore ment of the law of the United
States for the protection of lin-
oflendin citizens.
PBOTKSTS AGAINST UNWARRANTED
C0SKE-SI0XS OF EKROR
I need not tell you 1 was sur-
prised to leain of the confersions
of error in the cao ol Thornton vs
United States and Buz Lucky vs.
United States The first was a
case wtiere all tne rename testi
mony shows Thornton shot his
victim in the back while he was
running irom him Having ins
hand mi a door knob trying to
get in the huue. The seiond is a
ease where all the evidence winch
was tru shows officers in pursuit
of a lawltss anil dopeiate band of
highwaymen railroad train and
express roboerfl and while these
gallant men were in pursuit of
such desperate criminals endeav
oring in a proper way to arresi
them one of them was shot down
and killed by Lucky. I think my
duty to the public my duty to the
law my duty to peace and order
my duty to the innocent and un-
offending people and my duty to
the murdered dead all demand
thai I should in the mme ol
right and justice protest against
this extiaordinary and unusual
method of getting rid of important
criminal cases which have been
taken to the supreme court of ihe
United States. No one can for a
moment suppose that action like
this in cases like these can con-
tinue without attracting the atten-
tion of and exciting the country
and in the end leading to an in-
vestigation by congress as to why
it is done. You will pardon me
when I write thus plainly but a
consciousness of right prompts me
to say that it is raanifes't your
solicitor general without intend-
ing it and without understanding
these cases as shown by the rec-
ord lias done an act which may
ultimately lead to the acquittal of
these guilty men. If he had un-
derstood these cases as the record
shows them he would have had
the patience to let the supreme
couit pass on them although
knowing as he manifestly does
that court's mania for reversing
murder cafes.
I have said I was greatly sur
prised to learn of these confessions
of error. This surprise is in-
creased when I consider the na-
ture of the cases and tho grounds
upon which error was confessed.
1 know it is true notwithstanding
the nature of tliPFe cases and no
matter how guilty the defendants
may be and how wicked and un-
provoked their crimes may have
been that both the defendants and
the government were entitled to
the full law correctly given. Fear-les-dv
and without fear of contra
diction from any respectable law
jbook or authority on criminal
law I assert -the law was cor-
rectly given in both of these casos.
I am again very much surprised to
find that these confessions of error
were based not on the law as given
by the court on Ihe subject of self-
defense as found in its charge but
on a mere excerpt of that charge
The whole of the law as given is
not set out in the confession ot
error in order that tl.e supremo
court might see correct!' what it
was. It is only an isolated pas-
sage separata d frnn the remainder
of the charge treating of the sub
ject objected to which is presented
to llie court and the pari which is
set out is so broken 01F from the
remainder of the charge on the
doctrine of jelf-dt-fense that it-
sense is imphirea its meaning i
obscured But it a nly required a
reading of the charg of the court
10 see mat tne law ot sell e eiisc
was correctly given even it the
state of ca-e declared by the de-
fendant was the true one. Your
solicitor jzenerul seems to think
that the only evidence in the ca.c
wa- the testimony of the defend
ants This is a clear oversight
Theie wa- an abundance of evi
deuce Up"ii the pari aif the gov-
ernment m tin- I liiiriitnii ca-a- ii.
-h w lh t the marim-r f tde kil-
lii g a-as 1 have aiiove slated:
that Orli.or the 111 n killed was
trying to escape Iroin the deadly
wrath of Thornton when he shot
him 111 iIik bark This eviila-nee
I- coiifirmad by the character of
the wound which entered from
behind
XO GENERAL LAW OF SH.F-DEFENsE.
Your solicitor general confesses
ermr apparently upon the law of
self defense as declared by the
upreme court 111 Babe Beard vs.
United Stales 158 United Stut-s.
550 anal upon what was given a-
law in Starr vs United States 153
Unitfil States G14 There is m.
po-siblo analogy between the cases
ot Thornton ami Lucky and that
of Babe Beard. But thus it is. and
nerein lies the danger of wrecking
the protecting power of the law
for what yesterday was fact today
become doctrine; examples are
supposed to justify most danger
ous measures and when they do
not suit exactly the defeat is sup-
plied by analogy. With all due
deference you will permit me to
say that 1 have never yet 3een
any case wlieie the supreme court
has declared what the law of self-
defence is. The decisions are all
special. No general rule has yet
been announced no general prin-
ciple yet declared. The Beard
cuse is in efiect a special declara-
tion that the law of self defense
did nolrequire Beard to get out of
the way ot deadly danger under
the stale of case declared to exist
by Beard but bv no one else. If
no general rule is established by
the Beard case and there is no
analogy between this case and the
Thornton and Lucky cases I can
not see that it is authority for con
lessing error in these cases. Can
you? All the court intended t
say and did say in the Beard case
by way of establishing a principle
is found in the following langungo:
''In our opinion the court below-
erred in holding that the accused
while on his premises outside ol
his dwelling house was under a
legal duty to get out of the way if
he counl ot his assailant who.
according to one view ol the evi-
ileuce had threatened to kill the
deii-ndanl in execution of that
purpose had arni:l himself with a
deadly weap.m with that weapon
concealed upon nis pers -n we.n
to the delendaul s premises des
pile the warning af the Miter t
k. ep away and by word ami act
mdica ed his purpose to attack ti-
iiccused And it the aivuS'-'i
did not provoke the assaul ami
had at the time reasonable yroumls
to believe and in good faith be-
lieved that the ileeeased inta-nded
to lake his life or do him great
bodly harm he was not obliged to
retreat nor to consider whether
he could salely ruireai but was
entitled to siaml his ground and
meet any attack made upon him
with a deadly neapon in such
way and with su h force as under
all the circumstances he at the
moment hone.ttl.v believed and
had rea-nuahle giuuils to ba lieve
was necessary to save h:s own lite
or .0 protect himself from great
bodily injury."
The remainder ot the opinion
as far :u it discusses the general
rule declaring what is the law ot
self-defense clearly fully ind
completely sustains the trial court
iu stating the law of self-delense.
It refers to the same authorities
as did the trial court. Any one
can see the special ground ot re-
versal i-i based on a particular set
of tacts coming from the t vidence
of the defendant alone. Now these
facts are as different from the fiC".
in tho Thornton case even as set
up by Thornton as they could
well be. The same is true of tin-
facts in the Lucky case.
INCONSISTENT OPINIONS.
I conless my inability to see
anything iu the case of Starr anal
ogoiu to the Thornton case. In
the Starr case the supreme court
in a general way recognized the
law of self-defense but it did not
declare any rule on that branch of
the law. But I do know that the
law of sclf-defeii3e as declared by
the trial court in the case of United
States vs. Thornton is the same as
the law delivered by the trial
court in the case of United States
vs. rioliler. lli.it case was at-
firmed by the supreme court as
reported in 150 U. S. 91 and
Holder was executed upon that
opinion. I know further that the
law of sell defense as given by the
trial court in the Thornton case is
the game as the law of aelf-defenaa
given by the trial'court in United
States v. Pointer. This case was
affirm d by the supreme court of
the United States and upon that
opinion as found in 151 U. S.390
Pointer was executed I further
know and so do you that if this
law was good enough to execute
men on it seems it should be good
enough to be at least submitted to
the supreme court True the pu-
premo court might have re
pudiated the law already re-
cognized by it in the above
named cases. While as you
know and as the whole country
knows that court is more than
anxious to reverse the trial court
111 murder casei still it should
have had this opportunity in these
cases. 1 hat court has repudiated
the law as declared by it in Lwis
vs. United States the opinion be
ing reported in 146 U S  370 In
that case it held that the following
order of court did not show the
presence of the defendant when
the jury was made Up:
"Tun-day morning October 20
1891 United States vs. Alexander
Lewis. iiniL'tment for murder No.
15: On this day come the United
States of America by Wm. H. H.
Clayton E-q  attorney for the
weMern district of Arkansas and
come the said defendant in cus-
tody of the mar.-hal and by his at-
torneys. Me-.srs Barnes & Ra-ed
and it appearing from the returns
ot ihe marshal that the said defen
dant has been served with a duly
certified copy of the indictment in
this cause and a full and complete
list ol the witnesses in this cause
and that lie has also been served
with a full and complete list of the
petit jury as selected and drawn
by the jury commissioners lor the
present term of the court more
than two entire da-s heretofore.
and having heretofore had hearing
of said indictment and pleaded not
guilty thereto it is on motion of
thH plaintiff by its attorney or-
dered that a jury come to try the
issue joined. Whereupon the
clerk called the entire panel of the
petit jury and after challenge by
both plaintiff aud defendant the
following were selected for the
trial of tne cause "
In Pointer vs. United States 151
U. S  393 decided fifteen months
after the Lewis case the supreme
court held that the very same
order as the one upon which it re-
versed th Lewis case did show the
presence of the dolendant at the
making up of the jury and as I
stated ine case 01 .Lewis waare.
versed on this point and although
he had assassinated his victim he
was ultimately because of this
opinion of the supreme court ac-
quitted while the case of Pointer
was affirmed and Pointer was ex-
ecuted. JUDGE BREWER DISSENTS.
The dissenting opinion of Mr.
Justice Brewer in the Lewis case
a- legal literature is well worthy
your perusal Among other things
he said:
"Now if it should prove to be
the case as it seem" to me is not
only pos-ible but probable that
the defendant was in fact present
in the court room during all the
challenges; that the entire pnnal
f jurors was called into the box
before him; that in their presence
ne w.w allowed and received all
tin- challenges for cause he desired
to make ami that only after a full
inspection of the jury and a ques-
tioning ot each one so far as wa-
deired were tho lists placed in
the hands of thn resoective counsel
for perempt-arv challenges will
not the ordinary citizen believe
that substantial justice would have
b'en done it thi- court had omitted
to read into the ra-coral something
which is not expressly stata-d
therein which da-fendtuit's coun-
sel alid nt claim to have happened
and which did not in fact hap-
pen?" UNTRAINED IN CRIMINAL LAW.
Do you not think ray dear sir
that if instead of the solicitor gen-
eral in hot haste confessing erior
lie would have looked into the cases
far enough to understand them. and
that some one in your department
would have orally argued these
ca-es before the supreme court
ttiat that court might have had a
better understanding of them than
it manifestly has had of many of
tne murder cases that have here-
tofore been before it? Why sir
do you not know that no murder
case going to the supreme court
under the law as it now stands has
ever been orally argued before
that court? Why is this? Remem-
ber these cases go before judges
untrained in the criminal law gen-
tlemen who have never practiced
it who are therefore not familiar
with it and whose inclinations do
not lead them to study it. This
then is the very court of all oth-
ers where able oral arguments
should be made to aid thH court
The country demands this for it
wants the law of the United States
against murder enforced over all
places where its courts have juris-
diction so that that law may be
vindicated in particular -cao-a and
that this great government may
teach to the people tho high ob-
ject lesson that they can depend
upon the government to enforce
the law in its courts and thus se-
cure protection to life and by this
means bring security to the citiz-
en as well as destroy that hideous
monster which now curses the
country called the mob.
It may be claimed thai the law
of self defense as declared in Poin-
ter vs United States and Holder
vs. United States was attempted
to be repudiated in Allison vs.
.United States recently decided
but no one can look unon this as a
well considered case wht
was done to the case as it appeared
in the record and where the law of
self-defense as known to the books
was recognized. In view of the
fact that the general rules of the
law of self-defense have not been
settled by the supreme court it
does seem as though these cases
might have been submitted.
PHILIPPICS AND ANATHEMAS.
It rnaybe claimed that the law
of self-defense as declared by the
trial court iu United Stales vs.
Thornton and the United States
vs. Lucky has been overruled in
Hickory vs. the United States.
Well this can not be called an
opinion. It is a philippic against
a trial court. It is even more; it
is an anathema showing feeling
ami even vinuictiveness against
taffe trial court. Such opinion can
never furnish any ground for a just
analogy If it were true that the
court had settled the doctrine of
self-defense Ptill in the interest
of public justice and to protect in-
nocent human life by the example
ot trial anal puni-hment it might
have changed its ruling e-peciliy
if the case had been so argued as
to inform the court of its true mi
lure We do know that courts
sometimes chang- their rulings as
the supreme court has donw in the
ease ot Alexander Lewis vs. the
United States by its decision in
Pointer vs. the United Sta'es.
This slums the troth of what
Mr Justice Bigelow said when de-
clining the case ol Commonwealth
vs l'uey. 8 Uu-m. Mass. 1 in
which case when speaking with
referent e to courts of justice ch ng-
ing their opinions he said:
" They not only form their opin-
ions hut reconsider revise and
modify their own decided judg-
ments such is the rule
of duty constantly recognized and
acted upon by the courts of jus-
tice." In the face of these unwarranted
reversals of caes by the supreme
court and the hot haste with which
error is confessed by your solicitor
general that eminent" jurist Mr.-Ju-tice
Brewer in his paper read
before the last annual meeting of
the American Bar association
might well declare:
"In criminal cases there should
be no appeal. 1 say it with reluc-
tance but the truth is that you
may trust the jury to do lustice to
the accused with more safety than
you can the appellate court to se-
cure protection to the public by
ilia speedy punishment of-a crimi-
nal. To guard against any pos-
sible wrong to an accused a board
of review and pardons might be
created with power to set aside a
conviction or reduce the punish-
ment if on the full record it ap
pears not that a technical error ha:
been committed but that the de-
fendant is not guilty or has been
excessively punished."
lhis gieat jurist knows the dif-
ficulty there is in .securing an af-
firmance ot a judgment in murder
cases by the supreme court of the
United btati-s because he is a
member of such court. He is there
and he is fully conversant of what
transpires
I hope you will not misinterpret
my motive in adopting this means
of communicating with you for by
it you may be indu ;ed to turn
aside a moment from your other
great duties and look at the true
condition which prevails in con-
nection with the enforcement of
the criminal law of the United
Stales and at' the same time the
country will bn able to sea the de-
plorable stale into which the crim-
inal law of the uition his fallen
wnile its enforcement and vindica-
tion are iu the hand of an appel-
late court aud that the American
publie being thus able to see the
truth will detnaml the establish-
ment by congress of a court of
criminal appeals where all cases
where there has been a c-mviction
of crime can be passed on by
judges learned in the criminal law
and who are not everburdened with
other cases. You will believe me
most respectfully
I C. Parker.
AT HIS WITS' END
Father Telia How His Bby
Suffered firosa
IN ITS WORST FORM
GranrWono Under Treatment ot
Fhrtldsns. Tried
CUTICURA REMEDIES
Qreat Chance In Fire Day. To-day
Entirely Cured With Nice Head
of nalr. rarely and Hearty.
I had a toby that had Eczema In Itswoirt
form. I had one of the best physician In
the city attending her bat the continued to
et worse all the time under his treatment.
e finally admitted that he iras at his wita
end. I then cot Ctrnccaa. Rimrotia. and la
l few day
lay nouc4a ffrtat cAant In her con-
She continued to improre after that
autian. She continued to usurer
and to-dav it tntirtlv am4. has nice head of
hair and is lirely and hearty. I can folly
recommend them as being the best medicine
for the care of this disease. I spent con-
siderable money for drops and doctor's bills
which was useless in this case for I think
If your remedies don't care nothini? will. I
am telling erery one that I see suffering
about CtrrictrRA. Kexxdizs and can cheer-
folly recommend them to those in need of
them.
J. B. JACOBS SCI WnklnsATe.BalfctMd.
CUTICURA WORKS WONDERS
Warm baths with Crnosi Soar gentle
applications of Ccticuka (ointment) the great
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CtrncvKa Rzsolttst (blood rnrifler) Inter-
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eruption. Imparity and disease when the-
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daily effected by them are simply wonderful..
They are beyond all doubt the greatest skin
cares blood purifien and bomor remedies oC
modern times.
Sold thronghoat the world fount Dsxo
aim Cnxx. Coar. Bole Trap Boston C. 8. A.
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PIASTER
THEIMffUTE