Weekly Oklahoma State Capital. (Guthrie, Okla.), Vol. 7, No. 12, Ed. 1 Saturday, July 20, 1895 Page: 1 of 8
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THE FIRST PAPER PUBLISHED IN OKLAHOMA.
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VOL.
GUTHRIE, OKLAHOMA SATURDAY, JULY JO, 1895
NO 13
THEU.S,USUFRUCT
A right to Make the Government a
Preferred Creditor
AKi.l'.MKNTS ON
SIDES.
il Horner
I'll its e « •
if S-r'. y\ ^>r;
r.-V:
Itllm ml wffe i1 \iffl)
SiL- '.-T'* ■;!
MAJOR-GHNERAL WESLEY MERRITT, U. S. A.,
Command g the Department <>f the Missouri with Headquarters at Chicago.
THE OTHER SIDE.
i he Defense in the Commercial Bank
Case Begins to Offer Evidence.
CO l RT COXFIR M S M A N Y FEES.
Some «>f the Lurije Hill* of Fxpense Ex-
plained— What CoostltuteH Kf-tt-
Houahle Attorney Fee Mr.
Nix Thrown Light
mi M iiy
Matter*.
The prosecution closed its side of the
ease this forenoon in the Commercial
bank suit, and the defence took up its
side. The case is very complicated.
The care of the estate covers several
years, the amount of money collected
and disbursed was largo "and the estate
was in very bad shape. To examine a
ma-!' on the details of all Kan actions
of real estate, settlement of claims
and necessary compromises in clearing
incumbered property is a very difficult
matter. A man is not expected to re-
member after several years all such
details and the causes and reasons for
certain actions. In the most difficult
matters Mr. Nix has shown, while up-
on the stand, the most open willing-
ness to tell all he knew of the details
of any transaction. It is expected
that the defense will build up a strong
wall of defense.
Mr. Nix showed orders from the
court, signed by Chief Justice Green, |
allowing the £">,000 attorneys' fees |
and also his own salary as receiver of i
he immediately went before Judge
Dale and got an order restraining the
Kentucky gentleman,who by the way,
is the husband of the lady, and father
of the children, from seeing his fam-
ily, on the grounds that the husband
carried a pistol and had such an un-
governable temper t+iat In* might use
it on slight provocation
According to the gentleman's story,
he and his wife were married in
and lived happily together until re-
cently. He has a situation in the rev-
enue department and is well off.
About a year ago a doctor who lived
neighbors with him began to show
more attention to the lady in the case
than was necessary, and of course the
husband objected
A short time ago the wife left home
ostensibly to visit friends in Kansas
City, taking the children with her.
Siie came right here and at once in-
stituted pmeeedings for divorce, alleg- |H|P||pHP||||
ing cruelty and drunkenness. At money deposited there and that a de-
about the same time the doctor, who er'ee was rendered by the court and
by the way i-> the father of nine chil- tnade of record on the docket so or-
Speeil, Overatreet NVliby a
.Make Argument* on That
the Cane Alone The Tr
mony in the Nix lie.
eelverslilji Cane
All In.
The testimony in the Commercial
bank case was closed yesterday after-
noon and the argument begun this
morning. Attorney Horace Speed ap-
pearing for the United States as a pre-
ferred creditor on the part of Daniel
Hays' deposit of the Norman townsite
board money, opened the argument.
He talked some two hours, and made
an exhaustive review of the case in
his interest of it. The disbursing
agent, Daniel Hay, had something
over three thousand dollars deposited
in the bank at the time of its
failure. This he insisted was govern-
ment money, deposited there by its
agent, and according to law should be
preferred in the settlement of the
estate. He showed that at the time of
the failure of the bank Chief Justice
lireen owed it 8'.'00, and argued that
all acts in relation to the estate done
by him and all transactions approved
by order of the court, of which he was
judge, were void. A judge at interest
coiilr* not sit in trial of a case.
He said that it was not even
necessary to go into the case and
show where the judge had done wrong
in passing upon certain matters, the
principle of law would apply that he
had no right to act. He showed many
imperfect and irregular orders upon
the court docket and argued that
Judge Green was hampered by the
fact that lie was a debtor of the bank.
Attorney S. L. Overstreet followed
Mr. Speed upon the same side of the
case and showed that Daniel Hay had
appeared before the district court be-
fore asking that the United States be
a preferred creditor for the amount of
Murderer Caught*
Under Sheriff Masters of Kay county
I is here to get requisition papers for F.
; 11 Landon. alias *\S otty." who was
-sentenced for ten years to the peni.
| tentiary from that county for highway
r "V ami who 68 mpod :Q ' 11
hie)i\\ ry up there about a year ago
I While escaping Landonshot and killed
! a man named \Vintermut< about nine
I m. - from Newkirk on the Chicaska
river, and is now wanted for murder.
He is now under arrest at Clifton,
Arizona, and will be brought back
lie Hum Not !>«'« i«l«-<l.
Champaign, 111 . July 13:—(Special.)
Professor George K Morrow, for sev-
eral years professor of agriculture of
j the University of Illinois has been
i officially notified of his election to the
' presidency of the agricultural college
it Stillwater, 0. T. He has not yet
made a dei is ion on the matter, but \\ ill
leave in a few days for Oklahoma to
look over the situation.
CASE CLOSING,
Highest of all in Leavening Power.—Latest U.S. Gov't Report
Powder
Absolutely IMJRE
TERRITORY OIL
" feet. _ The exhaustion of the
er Gifts to Ok-
I «homa.
' got
IUCll FIKL1 S LUSCOVEHKI'.
building uollapsls.
"" ''""""•v-c.ml , T. Accident , k„ A„„nM(,
| At [.an in Ctrv. V. ,1 . ,< _
■
"' • a <|ues ..in of time.
"I in my opinion the Indian
iwk- l i .\ Chirac
lilt <1 til l>« \l'lo|l til
Argument in the Commercial
Case Finished
LAWYERS PROVE BOTH S
The Deleusc Makf* a Strong; Argn
to Cover the Vulnerable I'oIiiIh <
the Handling of the Kh-
tate—The I'redltorit
Will Get Their
Money.
Bank
From the Chiei
I is taken the fol !«
tide in regard t«
oil in tiie Cherok
11 ► K S rifts
Ti,
) Record of Jul,
ing interesting
ie vast deposits
and Muskogee «■
I 5>pc<
'•y the Atlantic
mff Klks at the
company
"« iai session tendered
ity lodge to the visit-
Hal tic avenue casino
this evening ended in a frightful dig-
aster in which fully loo persons were
more or lf-s injured. The session had
in | just opened and only one of the speak-
it- had been heard when, without the
-lightest warnintr. the building, which
has not been used for several yaars,
collapsed and fully a thoYisand persons
were thrown to the tloor beneath.
thc wives of the visit-
ing I-.,lis, went down in the ruins.
Hilly persons who were on the
first tloor of the building and immedi-
was 1 opened and many oil wells sunk. i 1,sii,"bem'-'tl" !'|'""'uet hall, wert
j announced last night by Referee Judge I l.ast winter a number of Chicago iidph-w d
(ireen that the case had to be closed | capitalists sent a prospector through) The fact that al 1 th
At going to press Attorney Joseph
Wisby is making the closing argument
in the Commercial bank case. It
being organic
nt | Chicago to work the oil tields of the
Indian territory. The great mineral
resources of that region have been
known for some time, but on account
of the difficulty of access and the ina-
bility of white men to obtain grants
from the Indian governments, nothing
has been done toward their develop-
ment In Kansas and Arkansas, di-
rectly on the border of the Indian
lands, rich coal mines have been
timbers and lay
today noon and the attorneys have I the Cherokee and Muskogi
been as brief as possible in their argu- I He spent several months
, ments. After finishing up the claim ! through the country and on
of the prefered credit of the United reported that there was a vast quail-i
States the other issues of the case | tity of oil and coal in the Okmulgee.
I were taken up last night. Horace j Muskogee, Eufaula and Deep Fork
Speed began the argument for the; districts of the Muskogee, commonly
prosecution, and handled the matter ! called the Creek, nation.
• •f the sale of the real estate by the re- j lueorpuntUMl Oil anil (ias Company.
I ceiver.and especially that of the Sliap-
° traveling I !L'hf Wl'«" " t aV'the'Ti
his return I gilding gave way added to i
lui n eonfusion. An ...... ; i- .
lights
time
infusion. An alarm was immediately
turned in and the city's foree of :ioo
hreuien and every police ollicer in the
1 u Here called to the scene as a hos-
pital corps. The police, citv police
amleilance and carriages of everv de-
■ riptiou were utili/.e,l to convey the
lol
dren. disappeared from his usual
haunts as completely as if the earth
had swallowed him up. Judge of the
husband's surprise when he found
both his wife and the disciple of .lis-
culapius in this city.
The father had his attorney )S > be"
fore the jud^e and _iet the former
dering.
Attorney C. Horner made the
opening argument, for the estate and
answered Mr. Speed. He argued that
the first thing a party to a suit must
do is to get into court. Upon this In-
read many authorities how an individ-
session of the house of warriors and
house of kings of the congress of the
Creek nation he sr. ceeded in obtain-
ing a grant of over ,'<),00O acres of
and. The Muskogee oil and < ias
company was incorporated with a cap
ital stock of si,noo.<m0, most of which
has been subscr ibed in Chieago The
promoters of the <■ mipany expect to
begin operations within a few months
Attorney John Stone we
stand and showed the servi
formed in clearing the title of the
Commercial bank building, for which
he received SI.000 as a fee. Henry
Asp. S. L Overstreet and Horace
Speed were placed on the stand to
prove that that was a reasonable at-
torney fee for the services performed.
The exchange of the different oppos-
ing lawyers being made, in turn, wit-
nesses instead of prosecutors, was
amusing. The different interests for
their clients are so conflicting that an
issue that is at one moment favorable
to a certain one of them is at the next
against his interests. Sometimes eight
or ten witnesses are called on one
point of the case, such as the fee of
Attorney Stone. In this Mr Nix
showed that the fee was contingent
upon Mr. Stone winning the suit be-
fore the townsite board.
The defense has not yet reached the
Shapland lot sale. When it does it is
expected to be able to show details of
the compromises necessary to make
the sale that will largely clear the
matter. There are always two sides
to a case. There seems to be much
that lays hidden in the records of the
district court.
SENSATIONAL.
order so modified as to allow him to ual or corporation can get into court,
see his children this afternoon at the He claimed that the I nited States has
office of the district clerk where he never been in court. The application
embraced his little ones under the before made in the district court was
watchful eye of the sheriff. by Daniel Hay and so were all pro-
The names of the parties are with- ceedings in relation to the money de-
held until the hearing for divorce • posited by him in the Commeivial
comes off. when it will become public J bank. The United States never ap
property. The husband and father peared as plaintiff in the case.
will not contest the decree if properly He went into full details of thecal-,
treated in regard t > his chi - '. en. He and was followed by Mr. .!• eph Wisby
leaves for home tomorr- w. but has re- who a 1 Iressed himself to the argn-
tained prominent counsel who will j ment of Mi Overstreet. At going to
land corner. He declared again that
; the costs of the sale were Si,72'.' while
! the property only brought the estate
I at public sale S1,(>"0. That Mr. Nix
' went into arrangements with Shap-
' land for its purchase, furnishing all
the mohey himself. That afterwards
the property sold for S.'-.TM); ami that
'Mr. ;,i.\ shared iuilf of the ptotits He
cited much law to the showing that a
receiver could not be personally inter-
ested in the estate.
Attorney linker followed, also for
the prosecution, and addressed himself
to the fees paid in the case to the re-
ceivers attorneys. He claimed that the most prominent
Wisby and Cunningham were disrpiali-! riors of the Iudian c<
tied to act as attorneys for the receiver ,.sted in the eoinpanv
because thev were at the time acting j oiI and gas were fir
as attorneys for several creditors. He Indian territory a.;«n v
claimed that the firm filed many suits boring for salt It was !i
against the estate after being appoint- to bore to anv trrea d- otl
ed the receivers attorneys. Authori- ease in the field? Penns
The prospector was then deputed a injured t.i the hospital and to'the r
bbyist. an i after laboring through a hotels.
No deaths have resulted yet, but the
lured is fearfully iong and in-
nearly every
elude*, members frc
state in the union.
WHEN THE FIGHT WILL OCCUR1.
•I the
• t t-I' il /si III-
and the machinery
from Chicago in a sh
A. V. MeKeliopp,
of the Creek nation.
| Dam. as,
A diagram
shipped
rt time.
attorney general
mil a number of ; Simmons
kings and war- oil
ungress are inter- showt.,, an 0l.t
strilel
in the
aLro in
Id I f
■at-
here
Prominent Kentneky i'eople In the Di-
vorce Court Here.
For some months a lady and two
children have been occupying a mod-
est home on one of the avenues of this
city about whom an air of mystery lin-
gered. The lady was reticent and
passed as a widow. She is on the
right side of thirty, and the two little
ones, a girl and a boy, are lovely chil-
dren.
Day before yesterday a tall, fine
looking gentleman arrived from the
the distant state of Kentucky and as
soon as he made his presence known
the lady hurried to her attorney aud
press he had not completed his argu-
ment. I he argument of today was
simply upon that phase of the case
asking that the money deposited in
the bank by Hay be preferred to
other creditors.
GIDDY AND GAY.
Kohcrt Hrook'sSeiiHHtlon; l Troubles Fon t
ill m to Leave the Country.
Word has been received at Perry
creating a that Robert T. Krook, formerly a well-
commission to treat with the Dawes I known business man there, who has
commission with reference to the al- j been there two years, coming from St.
lotment of Choctaw lands, and the |i0Uis. ls }n British Columbia. Hrook
dissolution of the tribal government, is wanted under several indictments,
I he ( hoctaws at rist realize that a as is also a woman, who is said to be his
change is inevitable and that it is wife, under indictment for perjury,
time to prepare for statehood. The | lirook is from England, and said to be
Dawes commission was present and an English lord. He fell heir to a con-
on the ' protect his intere
he per-
CHOCTAWS READY IO
They Recognize the Inevitable ami J'i
imre t. Meet It.
So it ii M Am:stkk. I. T., July 12.—
J Special.] At a convention of the!
leading citizens of the Choctaw nation
a resolution was adopted memorializ-
ing the Choctaw council, which meets
in October, to enact a
ties were shown to prov
ceivers attorneys must 1
as himself.
Attorney C. <> Horner fo
read many authorsties to
while the general rule was
by Mr. Speed, yet where
gave permission for the r
bid on the property, the
wotud be valid. Horner -'i
there was an order of the
mitting the receiver and all
11 IS
•e i he
that the re Ohio, and
as impartial («an be mo
) territory than in a
followed and | the ountry. Th.-
o slio-A that taii.s the pr prieto
•
re the court ! royalty from a;l ••(
receivers to|jriVen grants 'i'l
purchase I fixed by law at '■ c
wed that j .1 tifI stone at t
mrt per- cents a barrel <
parties to; natural gas - a \
tha
! TI
build;
i deiuoi
it Cor hi
• Arena at. I>allu«.
exas, July 11. — | Special.]
f the great , orbett-Fitz-
H'ena was displayed at thc
of Dan Stuart this morning, it
>n structure covering
' nearly four acres,
ov. ing are its grand divisions:
heat-s- . ■«.' reserved
1 *"3; seats in bal-onv, .',100;
«Vi. Total, v.'.'sis.
1 >"-v-r a theatre
'
^ig'-am at Chieago only
at the
f ground <
ts for p
in
bid on the property, and the sale was, fr un whieii
approved by the court without objee- j minerals
1 ion. Hr. Horner w ent over the wnole
case thoroughly and answered every |
phase of that part of the case. Any-j
one else was privileged to bid more, j
as the sale was open and
pel
•nt
i and •
of ii
such minerals at : 'u- :«.a
tion
An assay of lubri atin
the Creek nation compu
with that found <n Indm. which i
atue o
3 roduc
fa
the
for
rini:
busy tJii
boxes an<
, distance.
. '1 he
and w
• I four
• r.ng
jforty
• vated four feet from
'! I1"; " - • • its reserved
• wi.; be ii. \t around the
■
'Iua.' s and pierced with
- eli. rill .us as ti... capacity
le. ted that ev, ry seal will
Secretary Wheeler was
morning marUiug off the
-.cuts tal; ti by people at a
Arguments lasted until IS o'clock gidered the best in the world, and con-
last night, and this morning County tains a larger per cent of lubricating
Attorney Huston took up the prosecu- j fluid than anv other oil of its kit. I
tion and made a general review of the ! found in America
ease. He was followed by Mr. Wisby.
, " ■ N ttiir.il (.as < • •:i* antlv t'•«' oplnt;.
who is making an exhaustive argu
ment over the handling of the estate \ r^nul Liese. \\ no i,o'. ,ur. i ' ,ic gran^
from the Creek nationa. -oaneii, and
who has lived in tie- nation for several
' ave Thenmelve§ ( p
Messrs. Hawkins and Sic
stockmen from Greer countv
Cheyenne Mondnv by
tlicer> and i
?y, two
ame to
merit with
addressed the convention.
A Great Blessing
My wife and I have found in Hood's
Sacsaparilla. She had rheumatism very
severely, with
MM
siderable sum of money and he often
spent $10,000 a year for pleasure.
At the opening of Perry Brook in
vested largely in real estate, and dealt
in county and city warrants. He
opened the best saloon of the city, and
soon employed Mrs. Maud Parker, a
woman who was there seeking a
divorce, as his private clerk. Later
Brook rented a neat home in the fash-
ionable part of the city and Mrs. Park-
er lived with him, but soon a third
party came in that very much inter
fered with the English gentleman and
That man wa
in detail He showed the general pre-
carious condition of the real estate on
account of the incorporators of the
bank being sooners. It was for this
reason that the sale of the property
was hurried, as it was felt that no
title could be gotten in the name of
the bank, and that the property did
not bring more. He denied receiving
any thousand dollars fee in the sale of
the Shapland property, or that it cost .
more than >7'to to clear the title and in great quantity in th
ind coal
t every
plac
months, said that natural tr;:
had been discovered in a In.
part of the Creek lands At
natural gas is consta Uy es
large quantities and the oldt
tants relate that this gas
used as a, beacon light on the prairie.
"It has been long known," Mr.
Riese said, "that *oal,oil and gas ex.-t
Indian terri-
•bt
ankles and legg
badly swollen, and
hardly able to get
up and d o w n
stairs without
help. Many other
remedies failed,
but Hood's Sarsa- his fair housekeeper.
make sale of the lot. About his ser tory. and many efforts have b.-er, made
vices for which he received the fee. he to obtain gram - an \\ .r.. luc Si
said that at the time he was annoint- butunlil lecently the uchn.- s ... t..-1
gave themselves up on
the ehargn os being imp i-nted in the
I'arri-.li murder. I'arrisli is the stock
man who was recently shot from his
horse there, byunkn. wnpartU s,while
ittli The unci. , muling
I'e the;, surrendereil, that
was once | they would be aHowed bail until dis-
tn't < irt convened, anil thev were
ae. irdingly all w ed bail in the sum of
s ;.:oo each, A Mexican
held in the sum of S">00.
ping in ! berding
iuhabi-jwas, be
tness was
fields
as not known outside of a fe
was appoint-
ed attorney the bank- had an assign- .
ment of 807,000 in favor of the Newton | acquainted with the country and who
National bank. This had to be won
before the creditors had any show He
claimed that the whole bar endorsed
him and Cunningham at the time as
the proper attorneys for the receiver
All these sales had taken place and Muskogc
parilla entirely
cured her. It was
only shortly after
that I was taken
with the same
Co nplaint, affect-
ing my limbs and
hips, so I just tried the pame medicine
with the same result. My wife and chil-
dren take Hood's Sarsaparilla whenever
they feel the need of a medicine and it iin-
modiately makes them feel better.
Hood's Sarsaparilla
Haves mo doetor'H bill*. I am an engineer,
and well known in this locality. (}. W.
Wyatt, White Bead Hill, Indian Ter.
HnflH'«5 PilU ea'y tobuy.pasytotake,
nouu S Kills ta y I 25c.
named Parker, and he was the divorced
husband. He had Brook and his wife
arrested, and a very sensational cast
j in court was the result. Mrs. Parkei
had been granted a divorce in the pro-
bate court, but the supreme court oi
Oklahoma did not recognize sin h
divorces at that time. By some means
Hrook got rid of Parker and he had
smooth sailing for a while.
Parker bad in the mean time fil
;t claim, but she '..as soon con
; and later indicted for perjury, b
: of a discrepancy between her ev
| in court and before the land
lirook was also indicted on s
! counts and he secretly made
with his property and skipped and left
j many creditors. Some of his Kansas
I City creditors followed him to British
| Columbia.
no one kicked. Now. after the law-
yers have disposed of all their other
clients, gotten their accounts allowed
and received their attorneys' fees,
which was the result of the work for
the estate of himsc. f and Cunningham,
ippreciated the value. '«as and
have been found only feet from
the surface. In boring for salt oil has
been found which spoiled the suit ami
the wells were abandoned. In the
the facilities for transporta-
tion are probab.y better than in any
of the five Indian nati
railroads run through t
THE PAST guarantees the future.
It is not what we say, but what
Hood's Sarsaparilla does, that tells the
story. Remember HOOD'S CURES
BOSH.TWADDLEANDFUSTIAN "
Tii
Mr
everai
awa v
they come :nt
the accounts
proved.
Mr. Wisby <
on the other -
position of tin
pointed for ti
plication and
There were er
erv creditor w
rt and kick agair
had formerly a
lis took the whole
ver. He was ap
a- e s so that ev- !
paid in full when
and the Cana
diflicultie
from the
meager
tained air
lletleved t
"St ime
an river
e Missi ■
,*ing the c
' Pe
an
\ CITY
The fu
t the Meth
Itii Meth
T., Ji
:1 feath
to
Count r
i tw
3Uth
Me
can
nauffurate -
ill the property and other interests) "Some thin . • ;i tin " ds of! of
have been disposed of. Much had been the 1 hcrckee and Muskogee nations
involved by complications of accounts I are the richest in the country. The,
with McKennon having to go through cheapness of obtain.ng the oil is an in- j
the courts on account of his untimely j centive to experiment. At the deep-1 equal to the size of an immense o:
death. * | est one would have to drill only about drinking at the riverside—A Citizkn
a far-reach-
movement. It reminds one of the fable
f the bull frog attempting an inflation
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Greer, Frank H. Weekly Oklahoma State Capital. (Guthrie, Okla.), Vol. 7, No. 12, Ed. 1 Saturday, July 20, 1895, newspaper, July 20, 1895; (https://gateway.okhistory.org/ark:/67531/metapth352998/m1/1/: accessed April 17, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.