The Daily Ardmoreite. (Ardmore, Indian Terr.), Vol. 12, No. 252, Ed. 1, Friday, March 9, 1906 Page: 1 of 8
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OLDEST DAILY NEWSPAPER MJ INDIAN TERRiTORY-ASSOCIATED PRESS REPORTS.
Arwa i imi
VOLUME xn.
AHDMOIiE IND. TKB. EI1IDAY EVENING MARCH 9 LJ()u
l-1
NUMBEJt 252
UP
n p
HIS LAST
HOPE GONE
NINTH APPEAL OF IRA N. TER
RILL REFUSED
By United 3Ute( Court of Appeals.
He Murdered Jack Embree Es-
caped Jail Wat Declared In-
sane Has Given Trouble.
A dispatch onj-HT
The United Stutc court of appeals
At St. Louis yesterday refused to grant
a writ of habeas corpus lo Irn N. Ter-
rell serving time for the mnrder of
Jack Embrco at Outhrlc.
Concerning the ease tho St. touts
Ttopubllc lm the following:
Terrlll arrived la St. toulB yester-
day In charge of John McOobeo of
Porry Okla. sheriff of Noble county
whoso prisoner Tarrlll ban been slnco
September 1905 when lift wna adjudg-
l of unsound mind. .
Percy C. Simons nttorncy general
of Oklahoma Is hero to contest Tor-
rlll'a action. Ho Is nt tho Southern
hotel and fears nothing from TcrrlU'a
move.
Terrlll was originally sentenced to
twelvo years In Docornbor 1894 and
trfa time with Uio nltowanco for good
behavior would havo expired some
time slnco but f-r tho fact that bo
proved Insubordinate nnd attacked; a
penitentiary guard. These things
prompted tho Kansas prison board of
pardons to deduct G90 dayH from Tor-
rlll'a "good-tlmo record" and ho la
eorarjollod to servo them. He has yot
about eighteen months Imprisonment
duo him.
lromlncnt among Tcrrlll's atlpuln-
lions In this hla last otand for a writ
of habeas corpus la that tho Kansas
board of pardons had no right to deny
him credit lor good tlmo as ho Is a
prisoner from Oklahoma und not un-
der Its Jurisdiction. Attorney General
Simon" says thnt TerrlUV contention
will' fall flat
Terrlll Is a oort of lawyer himself
and frequently draws his own por-
tions. He la something of a poet hav-
ing wrltton since his Incarceration an
enlc bnsed on tho world's history.
Among other tilings Terrlll'a epic ac
cording to tlioso who havo seen It
la said to be tho longest over writ-
ton. It has nover been published
Terrlll Is GG yoars old and last Sep
tember was dellvored over to tho Ok
lahoma authorities from tho Lansing
prison as being Insane. Ho has boon
confined In tho Perry Jail slnco. Once
after his conviction In December 1894
Ton-Ill escaped from tho Perry Jail. Ho
was recapturod In March 189G and
began his term of sentonco.
Today's appeal will bu the ninth
by which Terrlll has attempted to win
his freedom by means of tho habeas
corpim privilege. Threo times ho has
apponled to tho Kansas supremo court
once- ouch In tho United States dls
trlct court of Kansas tho district court
of Leavenworth county Kansas; tho
United States supremo court the'tor
riinrini iiintrlct court nnd now ho
comos to tho St. Louis court of ap
peals.
Each time according to Mr. 81
mons ho has had flimsy grounds for
appeal. His main stand haB been that
as his crime vas committed In Okla-
homa and on a federal plot ho should
havo beon prosecuted by tho govern-
ment Instead of Oklahoma Onco UtJ
brought charge that his conviction was
secured on forged papers and as ho
has Instituted his proceedings in a dif-
ferent court each tlmo savo In tho
Instanco of tho Knnsas supremo court
ho has been granted a hearing.
According to lawyers who have ta-
ken an Interest In tho case tho ro-
porta of TorriH'a applications havo
called for mono legal waste ot flmo
than any prisoner who ovor appeared
before wostern tribunals.
Terrlll wont to Guthrlo from Wich-
ita Knu. when Oklahoma was thrown
open to settlomout and In a land suit
la 1891 fell out with a man ot the
namo of Embrco nnd shot nnd killed
him. Torrlll was prominent and claim-
ed ho was "railroaded" as ho stoutly
maintained ho shot Embrco In self-do-fonso.
Hn was found guilty and sentenced
to lifo Iraprlsonmont In 1891. but on
nppoal was given a new trial as tho
- supremo court held that tho court
which had found him guilty had been
Illegally assembled.
Following this In December 1894
Terrlll was convicted of a chargo of
murder and sentenced to twelve years
Imprisonment. His escape from the
lV-rry Jail nnd subsequent recap turo
form ono ot tho most romantic chap-
ters In Oklahoma criminal annals.
With poworful relatives on ovory side
Terrlll expected to go to congress from
Oklahoma Instead ot to prison nnd
he was kept from vlow for n long Unw
after his night from tho Porry Jail
PROVINCE OF ISLE OF PINES.
An Agreement Upon One Feature of
the Cuban Treaty.
Washington March 8. Senator
Spooner and Senator Bacon today
reached an agreement concerning an
amendment to the Isle of Pines treaty
which Is Intended to protect Ameri-
can Intercuts. It provides that tho
Island shall bo regarded as n scpar-
nto province within the meaning of
tho Cubnn constitution. This would
glvu to the Island local self-government
and a representative In tho Cu-
ban congress when the population ot
the Island warrants such representa-
tion. As Ui Americans are In the
majority on Uio Island It Is under-
stood that the proposed amendment
will bo satisfactory to them. It will
be. offered In thu senate when the
treaty Is taken up In executive ses-
sion. LINE SALOON TRAGEDY
MYSTERY ATTACHED TO KILLING
NEAR COMANCHE LINE.
Cowboy and Oartender Dead and a
Marlow Man Shot Through Should-
er Reminder of Old Times In a
Wild and Wooly West
Marlow I. T. March 8. -At the
Comanche county lino saloon one
mllo west of Marlow last night there
wns a frcc-foinll shooting scrape and
after tho smoko of bnttlo trad cleared
away Ulll Caldwell a cowboy tending
cattlo In tho Wood reserve was found
to bo dead; Ocorgo W. Buchanan the
bartender so badly wounded that he
died shortly attorwnrd nndKlohn Car
roll of Marlow shpt through tin
shoulder.
At this writing thu details of the
shooting seem shrouded In mystery
Carroll Is under care of physicians.
Officers from towton urn luvcstlgnt'
Ing.
These line saloons nave been a
curse to our section for nearly Ave
long years nnd had our peoplo tho
power to legally wipe them out of
existence . It would have been don'
long ago. They nre un Imposition
upon tho peaceful people of the Chick-
nsaw Nation Imposed th'orr-.ipon by
tho auUiorltloa of Comanc.io county
who grant these alooi!- Ilconsoo to
do business nt Uio t-xtromo county
limits ndjacenl to Indian Territory
towns.
Pending Investigation.
St. touls Mnrch 8. Two sergeants
and eight patrolmen were today sus-
pended from tho police department
pending nn Investigation of tho chargo
of graft. This Is tho result of ti ro
cent Investigation of tho grnnd Jury.
TWO KILLED NEAR LAWTON.
Result of a Saloon Fight Third Man
Seriously Wounded
l.awton Mnrch 8 In n saloon light
thirty miles east from hero last night
Ed nuchnnnn nnd Thomas Caldwell
wero shot and killed. A thld man
namo unknown Is seriously wounded.
TULSA MAKES RECORD.
First Territory Town to Make Rail-
road Pay Taxes.
Tulsn I. T. March 8. Tho Santa
Fo railroad without any attempt nt
protest has paid $893 tnxea on TuIf
property Into tho city treasury. Thu
lovy was roado and tho railroad camo
through at onco. Tilts Is tho first tax
so It Is said tho Snnta Fo has paid to
any clt yln tho territory.
tost year Tulsa mado tho Katy pay
hut not without an effort and after
wards an attorney for that road In an
address boforo a meeting ot mayors
of Indlnn Territory cities nt South Mc
Alestor said the road would rcruso
payment another year If tho torrltory
was under tho same government.
Insurance Officials indlcfd.
New York March 8 lndlr-tmonts
wero returned by th grand Jury to
day against Frederick A. llurnhnm
president of tho Mutual Ttcservo Lifo
Insuranco company; Ooorgo D. El-
drldgo. first vice-president and Goo
( Dumhara Jr. second vlco-presldent
ONLY FOUR
FAVOR SMOOT
SENATE COMMITTEE WILL PROD-
AQLY REPORT AGAINST HIM.
Whither He Should De Excluded or
Expelled Is the Question Now in
Controversy The Vote In the
Senate Will De Close.
Washington March 8. It Is said
that only lour of tho fourteen mem-
bers of the committee on privileges
nud elections nro Inclined to favor
tho retention In tho senate of Heed
Smoot of Utah. Tho four senators
favorable to Smoot aro Forakor Uev-
erldge Hopkins nnd Dillingham. Sen li-
ters who are wild to bu etthor direct-
ly opposed to Smoot or Inclined to fa-
vor his expulsion from the senato nre
Iturrowiy tin clnUrmni; Depend
Knov Dolllver I'ettus Dubois Dnlley
Ovornmnn nnd Clarko of Arkansas.
It Is the present Intention of tho com-
mittee (o submit Its report not later
thnn April 15 when Its immediate
eomddoratlpn will be asked. A report
ot this sort Is privileged nnd will
take precedence over any other legis-
lation even tho npproprlntlon bills.
Tho difference of opinion In com-
mittee among the majority members
who will favor tho elimination ot
Hmoot from tho senate deliberations
Is orer the constitutional require
ments. Senator llurrows tho chair-
man of the committee believes that
Smoot can bo excluded from tho sen
ato nnd his seat declared vacant b n
majority vote.
Senator Ilalloy contends that thla
would be nn unconstitutional proceed
Ing nnd that Sonntor Smoot If oxclud
ed must bo expelled by a two-thirds
rote. His contention Is that tho
State of Utah- cannot bo denied rcpre-
sentatlon In tho senate through n mn
Jorlti Vote ot thnt body. It Is certain
that the effort which will be mado
to remove Smoot from tho sennto will
be along1 tlin lines favored by. tho
chairman of the committee Mr. 'Ilur-
rows nnd thnt the report will bo one
declaring tho sent vacant with" tiro In-
slstenco that a majority vote of tho
senate will bo sufficient to removo
Smoot from Unit body.
No effort has been mado to accu
rrtcly poll the senato on this question
but It Is tho concensus of opinion o
tho committee membership thnt I'
will bo n very close vote. It would be
utterly Impossible to sccuro n two-
thirds majority necessary to expel
Smoot nnd tho fight will thorofore
ho mado to oxcludo him from pnrtlcl
Iitlan In the deliberations of thnt
body.
Smoot has hnd a very embarrassing
poult Ion from the very beginning of
tills congress. Ho Is more frequently
seen In his sent In tho Mnnte than any
other momber Of the body hut nover
attempts to address Uio sonate or
urge his views upon It. Ho occasion-
ally reports bills or submlU amend-
ments but Is never aggressive In his
advocacies.
Upon Uio advice of his friends some
months ngo ho decided to vote his In-
dividual sentiments upon nil matters
which' wero presoutd In tho sonnte
hocauso It was contended he would
ho loss liable to arouse euultlos
through this moans than by any otlwr.
So far ns is known he has mnde uo
nttempt whatever to present ills case
to his colleagues
Gcuernlly speaking; tho senators
nre loss familiar .with tiro facts which
havo been developed In tho hearings
beforo tho commltteo on privileges
nnd elections than tho public. It had
been Impossible to socuro from any
members ot tho senate outsido the
committee before which his case Is
pending any expression which' would
Indlcato Uielr opinion regarding his
expulsion.
ARRESTED IN ENGLAND.
Two Americans Charged With Con-
spiracy and Fraud.
London March 8. Harry Snmuol
Simons and Franklin Everhart two
Americans wero arrested today nno
romnnded in $10000 ball each. They
are charged with conspiracy and ob
taining a largo sum of money by
fraud. Aa fitock brokers thoy nre
nllegod to havo Issuod forged shares
and cortlflcajen In connection with
AmTlcnn mining companies.
Everhnrt Is said to bo vlco-prosl-dent
of n mining securities and Invest
ment corporation In Oklahoma City.
FIGHTING IN
PHILIPPINES
BATTLE WITH HOSTILE MOROS
NEAR JOLO.
Fifteen Americans Kilted Others
Wounded Naval Contingent Sus-
tain 32 Casualties Moro's
Lois Is 600 Killed.
Manila March 9. An Important ac-
tion between American forces and hos-
tile Moros has taken plain near Jolo.
'Fifteen enlisted men wore killed.
A commissioned officer nnd four en-
lli led men wero wounded.
TKe naval contingent operating with
tho military sustained Uilrty-two cas-
ualties. Tho Moros loss waa CO" killed.
T!m engagement opened on the nf-
tarnoon t Mnrclr C and ended with
the morning of March 8.
The action Involved Uie capture of
jxn Cone twonty-ouo hundred feet
high. Tho cone la very steep. Fifty
perpendicular ridges covered with n
growUi of timber nnd strongly forti-
fied. All defenders of Uin stronghold
wjiry killed.
ITUo action resulted In thu extlnc-
tltn of n band of outlaws who have
bfen raiding tho friendly Moros.
Colonel Joseph W. Duncan of Uie
Sixth Infantry directed tho opera-
tions. Among tho wounded aro Ensign H
D. Cook Jr. Coxswain Ollmoro of tho
navy Cuptaln John It. White Captain
Tatcc Illvers I.ioutcnnnts Gordon and
y. T. Conway of tho constabularyAAll
tUe wounded are doing well.
I
'Washington March 9. An official
account of tho fight near Jolo contain
ed In a cablegram received nt Uio war
department saya Major Oonernl Wood
nnd Brigadier General Taskcr H. Ullss
'ore present throughout Uio action.
Tho artillery hnd to bo lifted by
block nnd tacklo n distance ot 300
feet. It Is Impossible to concolvo ot
a stronger natural position than thnt
attacked. Tho Moro constabulary did
excellent work. Tho attacking col-
umns wero commanded by Major
Omar nundy dipt. E. 1'. I-nwton
.f'aptnln III vent Captain U M. Koorr-
ler Captain McGleachlln and IJouten-
unt Johnson.
BENEDICT AFTER SCHOOL FUNDS
Which Has Deen Handled Improperly.
May Require Special Act.
Phoenix says: According to Supt.
.1. D. llenedlct there Is IC5.000 which
rightfully belongs to lntlnn Territory
schools In the United Stntoj treasu
ry.
Tho money wns derived from United
Stutos cler fees In Indlnn Torrltory.
Through ho mo misunderstanding
howtvor the attornoy general receiv-
ed tho money and turnod It ovor to
tho tronsury whon It should havo
been turned Into tho treasury for a
xpoclnl purpose for tho school fund
of Indian Torrltory. As tho matter
now stands It will requlro a special
act of congross beforo thla money can
bo turned ovor to tho school fund. It
Is ton Into to do anything this year
but Superintendent llenedlct la mak-
ing nn effort to get tho money for
next year.
WOMAN IS ACQUITTED.
Mrs. Clara Brewer Absolved From
Complicity In Husband's Murder.
Muskogee I. T. March 8. A Jury
at Wagoner today acquitted Mrs.
Clara Urewor of tho charge of murdor-
Inc her husband John Brewer nt
Molvln last summer. George Duncan
wua convicted of tho murder nnd
sentenced for life. Ho was but 18
years of nge. Ho admitted that he
was In lovd with Mrs. Brower anil
that ho wanted to get Ilrower out of
tho wny so ho could mnrry his wife.
Tho woman van charged with com
pllclty.
LIFE INSURANCE MEN MEET.
Many Radical State Insurance Law
Changes Proposed for New York.
Albany N. V. March 9. A remark-
nolo irntherlng of llfp Insurance men Is
issombled today at tho state onpltol
In connection with tm hearing on
nondlng statements of tho Insurance
law before a special leglslativo ln
?OTtl!i(lng comnil'teo. Many radi
cal state- Insuranco law changos are
proposed.
ABSTRACTORS NAME A LOUDY.
Make Preparation for Lenislatlvs
Work After Statehood.
The Daly Capital tolls un Uie Indian
rirritory Abstractors osocl.-itlca nd-
jeuced la-t evening after a very In
teresting session lasting all day.
'.ho conrt'.liitioN was a-itcd as
H.rted.
One of the 'noht Imcortant sLp
taken woa tho appointment of a legis-
lative committees to take chargo ot
tho lobby work after statehood la ao-
curred nnd seek tho enactment of
laws governing and protecting tho ab-
stractors. Uniformity In records and
fees Is tho principal work to be accom-
plished together with protection
agnlnst abstractors not bonded.
A complete list of mombers of the
association will oe sent to all loan
nnd land ni;etcles nnd others Inter-
cntod In tho hope of advancing tho
Interests of members nnd securing
uniformity.
The legislative comnilttv' appointed
consists of the following:
John II. Homo of South' McAlester:
Albert J. jo of Ardmorej J. C. Smock
of Eufaula; J. I). Cox of Tnhlequah.
The next meeting will bo held at
South McAlester In Juno. 1907.
ANOTHER LINE
FOR HEWITT
FRI8CO DRANCH LINE TO EXTEND
FROM OKLAHOMA CITY.
Capitalized for Two Million Dollars
Will be Known as the Frisco Ok-
lahoma City and Texas Splits
Chickasaw Nation.
Articles of Incorporation of u 12-
000000 Frisco branch lino to oxtond
south from Oklahoma City through
Oklahoma and Cleveland counties to
a point near Hewitt In tho southern
part of Uio ChlckaBaw nation wero
flliHl yitenlnrvwltli the- territorial
secretary.
Tno now road win to known as
"Tho Frsco Oklahoma City and Tex-
iih Kallrond company." Tho list of cor-
porators includes prominent officials
nt St. Louis together with legal rep-
resentntlves of tho road In Oklahoma
Citynnd Is as follows: C It. Gray vlco
president nnd general mnnagor of Uio
Frisco; I F. Parker general attor-
ney; A. Douglas vlco president nnd
chief ot Inc accounting department;
V. II Drake chief dork. Tho forogo-
Ing nro Till of St. I)uls. Additional In-
corporators Includes C. II Ames and
D. T. Flynn of Oklnhoma City nttor-
neys for tho Frisco and It. M. Camp-
bell of that city.
The urtlcloo of Incorporation nro
brief stating simply that tho lino "will
xtond Uirough Oklnhoma nnd Cleve-
land counties In n southerly direct
lion to n point near Hewitt.
Tho lino will bo about G00 miles
long and will travorso torrltory west
nf the Santa Fo termination nt How-
Itt a small town wost of Ardmore on
the Frisco and Koclc Island. Capital.
DEAD BODIES ARE FOUND.
Mother and Two Children Get
Lost
and Are Frozen to Death.
Harrison Nob. March 8. Tho hol-
los of Mr.T. Clinton Motz nnd her two
children who wero frozen to death
In tho recent blizzard havo been
found at) wit n half mllo from thu
Metz ranch. Tho children became
lost on tho way homo from school
and Uio mother beenmo lost while
searching for them Tho bodloa were
fpund about two hundred yards apart
Presidential Nominations.
Washington March 8 Tho presi-
dent today sent tho following nomina-
tions to tho sennto:
Associate Justice of tho supremo
court of Oklahoma John U Pancoast;
register of land offices Androw J.
JIosb at Alva; Georrjo ll. Roberts nt
M'nngum Okla.; recelvor ot public
moneys Gcorgo D. Ornor Alvu Ok.;
colonel rotlrcd to bo brlgadler-gonor-al
William Stnnton.
Child Fell In Well.
Enid Ok.. March 8 Tho llttlo C-
yonrold son of Mr. and Mrs. O. W.
Maborry living south of Enid fell
Into a- woll Saturday on the placo but
had tho rnro presence of mind to
mnko a loop Into tho ropo and keep
himself above water until Iris fathor
found and rescued him. Tho fall was
about thirty feet but he waa not In
Jured save a thorough chilling.
STATEHOOD
BILL PASSES
FORAKER AMENDMENT CARI
DY GOOD MAJORITY.
ArUona and New Mexico Ellm'nitsd
One State of Oklahoma and Indian
Territory Capital to Remain at
Guthrlr Only Temporarily.
Washington. D. C M-ch t). 5.10
p. m. (Spcclnl) Tho admlnistraUon'a
stntohood bill went ilnw.i In defe.tl
today amid a burst of outcry ullici
heard In Uio senate.
Tho p-ikhIoihUo appeal ot Senator
Ileverldge In favor o fthe bill avi.l
ed him little
Senator Fornkor countered at ot
ery turn nnd when he declared that
Senator Uovorldge was responslblj
for tho many telegrams received by
senators from Arizona nnd Now Mox
Ico In favor of Joint statehood tho
climax was readied.
Fornker adherents broko out In
loud applause- when Uio Ohio sonntor
concluded rending th omcssago from
Arizona In effect that It was commou
report In Uio territories that messages
wero being sent lo thu sonata at tho
urgent request of tho Indians.
Shortly after four o'clock tho voUnj;
began.
Tho Foraker amendment which pro-
vides for a referendum voto In Ari-
zona on Uie subject of Joint statehood
wns carried by n vote of 42 to 29
Tho vote Is regarded ns a dlroct
slap at the presldenL who was par-
ncsUy opposed to tho nmendmqnt.
Tho senate aftor striking from tho
statehood bill nil refcrenco to Arizona
nnd New Mexico passed tho bill unan
imously.
Tho capital will romaln at Guthrtn'
temporarily nnd not until 1916 as
wan expressly provided In the bill
Terms of court will bo held nt Tulaa.
Chlckashn and Lawton. In nddiUon to
oUicr places provided In Uio bill. Ono
hundred thousand dollars I carried
by tho bill to defray oxponsos of eJe
Hons.
Washington March 9 Durrows
moved to strtko out the provision tor
Ujo nflrnlsslon of Now Moxlco and Ait
zona nnd It waa nirroed in by n voto
of 37 to 35. As Uile leavci tlu bill It
admlta only Oklahoma and Indian Ter-
ritory as ono state. Tho bill was tbu
passed.
Supervisor Beck Here.
Supervisor neck ot tho Chickasaw
Nation's schools arrived In Ujo city
last night nnd is registered nt Uio
Gllmor. His mission to Ardmoro Is
purely ono of buslnosa In which Uie
public ho says would not bo Interest-
ed In tho IcasL
Mr. neck Is well pleased with tho
action of congross In continuing the
tribal government If for no other rea-
son thnt It means that tribal school
In tho torrltory will bo continued un-
til next Juno. Tho offect ot con-
gross' nctlon ho stated Is far-reaching.
Nearly ono thousand schools In
tho Indlnn Territory which wero pre-
paring to close will now run their
full quota of tlmo. Mr. nock saya
that tho Chickasaw legislature haa
mado iutnclent appropriation for tho
schools of this nation.
An archaeologist points out that
tho hat band In tho modern mau'a hat
can bo traced to n fillet which In an-
clont times held In shnpo a slmplo
plcco of cloth. Sometimes this fillet
wns tlod In a bow behind Uio tails ot
which silrvlvo in tho Sketch cap Uto
sailor hat nnd tho bishop's mitre. A
llttlo bow Insido In th'o lining ot Uio
hat la n survival ot a lacing which
kept tho lining In Bhnpe or possibly
it dates back to n tlmo when tho hat
was made by putting a strlrs throuirh
holoa In n flat pleco of leather ind
by drnwlug It logethor for n crown.
Wo nro equipped lor putting up I n-
portant proscription with both drugs
and skill nrlng your presi-rlillo'.-a to
us. Our charges arts most roiynabie.
4 V. J. JJAMSEY D-'igsht.
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The Daily Ardmoreite. (Ardmore, Indian Terr.), Vol. 12, No. 252, Ed. 1, Friday, March 9, 1906, newspaper, March 9, 1906; Ardmore, I. T.. (https://gateway.okhistory.org/ark:/67531/metadc80080/m1/1/: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.