The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 22, No. 124, Ed. 1, Thursday, December 10, 1903 Page: 1 of 8
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Tonight and Friday fair.
The Guthrie Daily Leader.
THE ONLY EVENING AMOCIATCD PREM PAPER IN OKLAHOMA TERRITORY.
GUTHRIE OKLAHOMA THURSDAY. DECEMBER 10 1908
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Guilty by Jory
Verdict Defines His Crime as Man;
slaughter in the First Degree-
Motion for a New Trial.
Status Willi be Con-
sidered by Senate
The Jury In tho caso of the Terri-
tory vs. W. W. Montgotnory who was
charged with tho murder of J. L. Em-
erson jailer at the county Jail return-
ed a vordlct In court this morning
finding the defendant guilty of man-
slaughter In Jno first degree. Tho ver-
dict In Tull is as follows:
"Wo. the jury in tho above entitled
cause do upon our oaths And tho
defendant William Montgomery
sullty of manslaughter in tho first de-
gree as charged In tho Indictment.
"J. O. Stelnfeldt
The jury agreed upon a verdict at
10:30 o'clock last night aftor being
out sinco 10 o'clock yesterday morn-
ing. At 10:30 last night tho bailiff In
chargo was notified tliat a vordlct had
boon agreed upon and that when court
convened tills morning tho verdict
would bo presented. Tho members of
tho jury retired for the night and at
8:15 o'clock this morning filed into
tho court room. Tho defendant was
present when the court convened bo
lng seated directly behind Ma coun
sel A. II. Huston.
Tho vordlct was handed to Journal
Clork Bonham who. in a loud sonor
ous voice announced tho finding of tho
Jury. The defendant listened atten
tively to tho reading and at tho con-
clusion his head dropped and ho re-
mained In this posture until Judge
Burford announced that furthor pro-
ceedings In tho caso would bo heard
Immediately aftor tills announce-
ment by tho court the defendant re-
paired to a room adjoining the court
room whore to the nowspapor mon
gathered ho assorted that he had no
statoment to make.
Attorney Huston said that an ap-
peal would bo taken.
The ponalty as proscribed by !uw
for tho crime of manslaughter In tho
first degree Is a sentenco In tho ter-
ritorial penitentiary of not loss than
four years. Othorwlso tho duration
of Imprisonment Is discretionary with
Men Make Bitter War
Medicine for One
(By Associated Pross.)
Washington D. C Doc. 10. Chair
man Burrows of tho senato commit
toe on privileges 'and oleotlons has
called a mooting of the committee for
Saturday to consider whother notion
shall bo takon on tho protests and p
tltloim for ox'nulslon of Senator Hood
Smoot of Utah. Thoro Is an immense
mass of potltlons coming from forty
different states. Congressional call-
ers at tho WHito houso are manifest
lng Increasing interost in tho case
and the indications now are that the
agitation over it will oxceed that over
tho enso of Congressman Roberta.
Rampant In Chicago
ThinksMore of Money
Than a Piebald
(By Aasociatea Prwi.7
Philadelphia. Pa.. Dec. 10.-
Washington D. C Dec. 10. Tho
Oklahoma election contest in which
"W. M. Cross is contostiug the soat of
Bird S. McCulre probably will bo the
first contest to be disposed of by the
house. Representative Driscoll of
Hew York chairman of elections com-
mittee No. 3 which has chargo of the
contost said today that ho would call
a meeting ol that coramlttpo Tuesday
when arrangements would be made
for the consideration of tho evldenco
in all of the co'ntosjs before tho com-
mittee. Tho understands among membors
Dt the committee Is that nelthor Cross
nor McGulro will call any wltnoBsos
and that the committee" will not bo
callod upon to . considor additional
.riinr.o. m that ' nrosented by the
contention McGulro -will cite a de-
cision of the supremo court of Cali-
fornia sustaining nn election status
Identical with that of the Oklahoma
statute providing for tho rejection of
"It will not bo contended by tho
contestoo (McGulro) in good faith"
says Cross "that tho doublo stamped
ballots In controversy woro cast by
tho votors corruptly or with an do-
slro or attempt to conform to any pre-
arranged plan of promise Wo say
that it can not be shown that any
voter in any precinct of any county In
tho torrltory thus stamped his ballot
in order to onablo his ballot to bo af
terward Identified. This apparition
exists only in the mind of tho contes-
ted and wo trust his apprehension of
Carollno Madeline Gardner of Lon
don has begun legal action hero ao.ek?
lng to set asldo tho dlvorco granted
Mrs. Anna Graham Gardnor of this
city from Frank L. Gardner on the
ground that ho wa3 plaintiff's husband
when ho married Anna Graham '
Gardnor who is an American now
resides abroad and is supposed to bo
worth at least thirty million dollars.
Tho plaintiff nllogos that his wealth
was more through her acquaintance
with tho late Barney Barnato the
South African mining king and that
sho supplied tho funds. Gardner's di-
vorce from her she doolaros was se-
cured by fraud.
briefs and exhibits which have been J the result should such ballots bo hold
flinJ with tho clork of the house.
The clerk received from Cross a
brief today In which ho answors tho
contentions of McGulro that tho
"doublo stamped" balloU. on which
Cross's name appoarod as tho candl-
date of the Democrats and the Popu-
lists shouU bo regarded as mutilated
and thrown out. ID support oi im
lawful will not dotor this congress
from oxamlnlng and ascertaining for
Its own information and guidance just
how many of tho ballots wero rejocted
and not counted for the contestant"
Taylor and Hooker of Oklahoma
City represent Cross and McGulre Is
represented by Dudloy & MIchenor of
Death of Emperor
A sensational report oame over the
Western "Union wire to the Johnson
grain exohange to tho effect that tho
emperor of Germany is dead. The
report however is not vorluod by tho
Bill Will Come up for
Governor Ferguson this aftornoon
honorod a requisition from Govorngr
Mickey of Nebraska for the return to
Fremont Dodge county. Neb. of Will-
iam Hart accused of forgery com-
mitted there Nov. 25 1903. Hart is
nnw under arrest at Medford. to
which place Sheriff Bauman went to-'
day for tho prisoner.
Special to Dally Leader.
Washington D C Dm. 10. Rep
resentative Hamilton of Michigan.
Chairman of the house committee on
territories said today:
"The Oklahoma slntehqod bill will
be taken up for consideration the lat
ter part of next weeK."
The Jury In the case of tho Terri-
tory vs. Woaloy McGill charged with
kidnapping and being an aoessory to
tho alleged murder of Curtis Adams
roturned a vordlct of not guilty short-
ly boforo the noon adjournment.
KANSAS CROP BULLETIN
SHOWS EXCELLENT CONDITIONS.
Toneka Kas. Doc. 10. Tho final
crop bulletin of tho Kanssr. agrlcul
kural department wan issued today.
Tho total wheat yield for this year is
shown to be 94041002 bushels valued
at $52420368 an increase of 7.2 per
oent over tho year 1002 and 4 per cent
greater than that of any former year.
The area town for next year's crop
is 6071370 acres a slight decrease
from this year. The present condition
of the growing crop is reported at 90
per cent. The corn crop of 1903 itf
given at 189.869780 bushel from
0.625.777 acres valued at $67078-
141.07 a decrease of 10 per cent from
last year. The total value of all crops
for the year Is $M3984.W8; value of
live stock $103551490. The net u-
crease in value of thi year's agri-
cultural productions over that of 1902
is $7983463 and of live atocK ?.v
078 or a. total net Increase for iue
year of $16420631 or 4.4 per cent. In
two yearn the increase In the value ot
agricultural productions haa been
$88729?'". and of live atocK $10861-
774. or a total net increase In 19M-03
Judge Raymond held court at Bu-
faula on Thanksgiving day. The
Shawneo News Bays: "Tho Judge is
evidently bouhd to sustain his repu-
tation as the .strenuous Judge no mat-
ter at what cost to precedent"
(By Associated Pros.)
Kansas City Mo. De 10. The
enuri jury in session at Kansas Cliy.
Kansas began its boodle Inquiry to
day and the first thing considered was
the report uf charges of grafting on
the part of city oouncllmen In the
letting of paving contraots. It has
been reported that some of the coun-
oilmen have solicited and received
bribes from brick companies.
Tho territorial board of health has
submitted a report accompanied by
recommendations on the charges
which were preferred against Drs.
Gulloy Stngner and Nowljy to Gover-
nor Fergugon. The report in full Is
NoV on tlihi Decambar 7th 1908
tho territorial board of health met
pursuant to notices heretofore given
to MIram W. Nowby" and Calvin B.i
Gulloy of Guthrie and Georgo II..
Stagnor of Coylo Oklahoma in tho
office of Hon. J. C. Itobborts attor-
ney general at Guthrie Okla. to In
vestigate tho manner by which tho
porsfTia abovo inontlonoa procureu
llconscg to practtco modlclno and sur
gery in tho torrltory of Oklahoma and
to advise upon and to make findings as
to the legality thereof. Dr. Hamilton
of Shawnoe president; Dr. Sharp of
Guthrie vice prosldent and Dr. Cow
drlck of Enid secrotary and Chas. H.
Wood assistant attorney gonorl
also Georgo II. Stagnor and Calvin B.
Gulloy ropresonted by tholr attorney
Harpor Cunningham Hiram W. Now-
by not bolng prosont but roprosontct
by his attorney W. B. Herod whero-
upon tho following proceedings woro
Tho said named persons bolng in
vestigated causod to bo filed by tholr
attorney a demurrer to tho jurisdic
tion of the board in said matter and
tho board after hearing tho argu-
ment of counsel for said portions In
sunnort thorcof and bolng counseled
and advised by ChtiHWood assist
ant attornoy gotfertffrnpon said quoR
Hon and bolng fully advised overrul
od the same. Tho territorial board of
health makes tho following finding of
facts upon tho charges preferred
against Calvin B. Gulloy oS Logart
county Oklahoma for practicing modl-
clno In tho territory of Oklahoma con-
trary to law.
First That tho affidavit made by
the said Calvin B. Gulley In his appli
cation for a license from tho territorial
board of health of Oklahoma was
falso In the following malorlal roB-
peots: That the affiant wag not at
the tlmo of making hie said affidavit
Hcensod undor tho laws of the stnte of
Indiana or entitled uuder Its law to
practlco modlclno In tho state of Indiana.
Second It Is found as a fact that
tho diploma upon which the Ucenee of
Calvin B. Gulley was grantod purport-
ed to have beon Issued from tho Inde-
pendent Medical collogo of Chicago.
That this college was not recognized
as (i colIojjB of medtolne and had no
regular courses of Instructions nor
was it such at the time of issuance
of the said protended diploma to Cal
vin B. Gulley and it is further found
that the charter of the Independent
Medical college was granted It bf the
state of Illinois Oct. 20 1890 and that
the diploma or the pretended diploma
was Issued to the said Calvin B. Gul-
ley by the Independent Medical col-
lege of Chicago on the 4th day of
Third It is found as a fact that the
diploma upon which the license of
Hiram W. Newby was granted pur
ported to have been issued from the
Independent Medical college of Chi
cago Illinois. That this college was
not recognised as a college of medi-
cine and had no regular course of in-
struetloiMi nor wan It such at the time
of the Issuance of the said pretended
diploma to Hiram W. Newby and it is
further feund that the charter of the
Independent Medical college was
granted it by the state of IlUaols Oet
20th 1800. and that the diploma or the
pretended diploma was letnied to the
said Hiram W. Nayhy by the Inde-
pendent Medical college of Chicago on
the llth day of June 1898.
Fourth It Is found as a fact that
the diploma upon vblch the license of
George U. Stagnant was granted pur-
parting to have ben Issued from the
Independent Medical college of Chi-
cago 111. That this college was not
recognized as a oollege of medicine
and had no regular com sea of instruo-
tlons nor was It such at the time of
failure to Wear Union Button
Deemed Sufficient Provocation
for Brutal Assault and Even
lssuanco of the
ma to George
'i (By Associated Press.)
said pretended dtplo- Cnlcan0 m( Da0. 10.-.i a dot on:.
H. Stncner anil It In -..-i-.--.. ... . .........
' 7 "j " iium.miu aireai. nwir Aronor avonuo
further found that tho charter of tho'lolUlV( growlng out ot lho reoont 8treoL
Independent Medical college was n uon.union conductor nna
granted It by tho atato of Illinois Oct moonnftn WOro attnokoil nna badly ln
20 1890 and that the diploma or thej.rG(1 by . mob ftn1 thaIp nnrtI.
protended diploma was issued to tho aIy Wreckod
said George H. Stagnor by the Utile-1 The troul)le 8tnrlQ(1 whon tho paBS
pendent Medical collego of Chicago on ' - Mv4ra! or whom were W01IQ
the 34th day of Ootober 1893. rcfu8(H t0 ian bmuM tho C0Q.
Wltinl Tt la thavafixr Hm rtniinlita.1 ...... ....
. ... )luclor ma not WBar a union button.
Ion of this board and tho findings up- Th conductor stopped .the car and
on tho facts adducM that the said ' vnlt . a.nrf . nwm
Calvin D. Gulloy. Hiram W. Newby ' . . ..'
HOIU 1'UIU. tVUlIB HOVUIU1 UL LUU JIU8B
and Georgo H. Stngner are not ontltled .. .. ... ....
to practice medicine In Oklahoma mi- comlllc.ori ono for0O( the raotorman.
ilni tlin fnwn nf llio Inrrltnrv nf Huln.! ... ...
nt the point or a rovolvor to proceed.
homa nor l.nvo tho over boon so on- TnQ ooniUl0tor prol)ably ow08 to
titled. And that any protended llcanio . . lvHcoroftn John rvilara who.
so to do having beon based upon facts oWy rasnlng hQ Ulmll ruahod
not entitling thorn to a llconso Is to ho .... formor t nrlvntn ... nni
throwing opon tho window and with
drawn rovolvor throatonod to shoot
nny ono who attomptcd to ontor.
After driving tho car for a distance
tho motormnn leaped to tho ground
nnd rau pursued by a crowd of mon.
Tho crowd falling to recapture the
fugitive returned to tho car and- par-
tially wrecked It It was nOcesBarr
to call oat a squad of pollco to dis
perse tuo mow.
doomed of no- fore? and effect nnd as
it no such prctendod llconso had over
b- ctt irifauod.
B. F. Hamilton
Dr. E. G. Sharp
E. E. Cowdrlck
'; REMORSE SUICIDE. -x
' (Bv Associated Pross.)
Ann Arbor Mich. Dec. 10. Itussoll!
II. McWllllams of Kansas City Mo. a
Junior literary student at the Unlvor-
slty of Michigan committed sulcldo to
day nt Sigma Alpha Kpstlon house of
which fraternity ho was a member.
Ho had beon morose latoly.
Life Sentence of Noted
Southerner in the
Although Black Sus-
. tains Reputation of
Nashvlllei Tenn. Deo. 10. Colonel
11. Clay King died today In the state
penitentiary where slnoe August 11.
1899. he has been serving a Ufa son-
tence for the murder of Attorney
David H. Poaton in Memphis. Tho
murder grew out of litigation against
King by Poston wlfo was fcttorney for
Mrs. Gideon J. Pillow wife of tho
famous Confederate officer. Both
Mrs.' Donna White a negress. living
at 014 E. Q rant avenue. Is todny lying
at tno pomt on uemn as m. resuu oi and po-Um w-rfl wluely hnown.
it deei out about her throat the B
wound It Is believed being Inflicted
with a razor in the hands or her hus-
band known to the polloe ps "Butch"
White. The assault took place at
their home shortly after C o'clock last
evening the woman's throat being
cut to the verterbrae and the windpipe
Since the tragedy she has been un
able to tell the officers who the as- yesterday. There was a killing but
sallant was. The scene in and about the unfortunate victim was Herman
the room Indicates that a struggle took Kears'lng on ot the most lnlluen-
plAce blood being scattered about the tlal and respected cltlxsn of Hnld
room and on the carpet. ' and well known in Guthrie. The kill-
After the crime wag committed the lng was done by Tom woods a gamu-
assailant locked the uoor anu neu. ler.
Not Tom Perkins
That Was Killed
Through a deplorable blunder In the
wire service the Lender last evening:
unconsciously erred In the statement
that Tom Perkins was killed at Hnld
Later In the evening Mrs. White re-
gained consciousness and being un
able to open the door erawled through
a window and thence to the home of
Mrs. Julia Wilklns.
Drs. Cotteral and Bleh were called
and administered medical aid. A
search was made about the premises
of the White home though no trace ot
the murderous assailant found.
Officers In nearby towns ltave been
notified to be on the lookout for the
assailant. The murderous assault U
believed to have been caused by fam
ily troubles. Only a short time ago
White was fined for assaulting bis
Frank C. Hamilton ot Temple. Tex.
was married this afucnoou to MUw
Kdith Freodland ot this city tits'
Rev. J. T. Ogle officiating
Woods shot Ke rating In tas back
of the head and death resulted almost
The trouble grew out ot a dlftar-f
ence between the bartender ot thd
saloon sad Woods. The latter altered-
that the bartender had swindled Jilm
out of money In making ohange and
the proprietor of the saloon took up
Ned Woods a brother tried to hold
bU brother but tfcu latter over-pow-
ered him. A knife was ploked up a.
tew feet from where Ksarsting fM by-
Sheriff Kersaw. and U is probable
that a plea of self-defense will by
There will be a paeked hoyse at tlui
Brook tomorrow night to witnemi the
performanjjo ot the- "IrJeh pawn-
.v.tiAaiit'feiiji. v.tUfU.L idd&iiMMiuj.
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Niblack, Leslie G. The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 22, No. 124, Ed. 1, Thursday, December 10, 1903, newspaper, December 10, 1903; (https://gateway.okhistory.org/ark:/67531/metadc72227/m1/1/: accessed May 25, 2022), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.