The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-09-04
UNITED STATES DISTRICT COURT
Second Days Session-Trials and Incidents OF
the bay.

The United States district court con-
vened yesterday morning for the second
days work of the term.
The indictments in five cases, viz, Jo-
seph Cereny, John Roztual, Frank Dudek,
Joseph Gaia and J. A. Hanna, were
quashed on the same grounds. They were
charged with perjury, having sworn that
they did not enter and occupy previous to
April % the particular quarter which they
wish to prove up. The point was a strong
one but not good enough and the motion
was overruled. The indictments were sub
sequently quashed for the reason that
the only fact set forth was that
the defendants did enter and occupy
said claims prior to April % which was no
crime provided it was also prior to the is
suance of the presidents proclamation or
| March 2. There was no charge that they
had entered during that certain period of
time which would make it unlawful This
settles this matter unless the present
grand jury finds new indictment and it
is not likely the case will be presented to
them.
The bubble as to whether it was nee
essary to enter and occupy both in ordor to
prove up, has not yet come up and is not
likely TO for the reason that the attorneys
generally interpret the law to mean enter
upon and occupy lin good faith.
The William Sea ct al. case charged with
timber depreciation came up and the de-
PENDANTS were acquitted. 1t is generally
predicted by the attorneys that the other
similar cases will be similarly disposed of.
The sealed verdict in the case of Lee
West, charged with introducing, was for
acquittal, and was read soon after the
opening of court. In the three cases he
was found guilty on one count, in the case
for selling. This was the bulk of the morn
ing's work and court adjourned early.
The afternoon session opened up at 2
O'Clock and the trial of cases was resumed.
AS yet the grand jury has reported no in
dictments, but Mr.. Soper, the assistant
prosecuting attorney, says several indict-
ments may be expected in the evening re-
port.
The case of Oscar Spurlock, charged with
introducing and selling. was heard and the
defendant found guilty as charged The
defendant was not present during the trial
and. as the charge is only misdemeanor,
1t was not necessary, provided he was rep
resented by counsel An Indian witness,
who was not very particular who was con-
victed so long as justice was APP
peased, swOre point blank that
one Of the attorneys present as spectator
was the man who sold him the whisky.
Spurlock was convicted all the same and
hopes TO get Off with a Jail sentence on ac-
count of his absence during the trial I'm
der the United States law misdemeanors
may be punishable by Imprisonment in
the penitentiary at the option of the court.
Frank Prudom on similar charge was
acquitted
The following cases were set for today:
Robert Jones, for introducing; John Bear
man, introducing; James Nugent, larceny;
John PoOre, larceny; f. b. Chapman,
larceny; r. NJ Hunt, introducing; E. c.
Wallace, introducing; S. w. Petit, chief
justice of the Usage nation, charged with
assault with intent to kill; Guy McGashen
and Kate Craig, charged with perjury,
and Clyde Mattox, charged with murder
and assault with intent 10 kill Mattox
is quite a young man and is at
present in Jail on another charge of
murder. On the charges for which
he is to answer today he was
released on bail but has been since arrested
charged with the murder of colored man
1t seems that in August a year ago in
Oklahoma City, he wanted to get posses
sion of the marshalPs office, claiming to
have been appointed deputy by a man con-
testing the office of marshall with the in
cumbent. To this end he opened fire on
men in charge. Two of them, Howard and
Mckay, came to the door and returned the
fire. Howard was killed and both Mckay
and MattoX were wounded. The cireum-
stances in the case were such that he was
admitted to bail, and it is for this offence
that he is to be tried today.