The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1890-12-18
CASE OF CAPTAIN FaEAsE
verdict Of The . Court Reversed
az Washlugtoa'
yudgs Day 10 OF the Opinion that Tho
F,aends OF Captain Freasa Have Meth
ing 90 Fear fran Another Trial

Hi6nds OF Captain fFeaaa Have Helh
LAX 60 Fear frola Another fiaal
The case of CAPTAIN Cyrus frease and
Ale nlher men said Va have heph lWplls
eatod in ihe Hay Camp hlllnH 10 being
heart before lhe supreme eoull AZ Whsh'
broln recent Developments 4 looks 90 4
aae decision would be- reyerhed' lhlA WIZ
tudard he good news W ihe many lflrhua
.8i Capiaiu CYTua rffahp Va ihli herNNn
AN will hppn the news viii prove lfup 40
it ID gfnefally believed Captain lrpahu
had nothing 10 DO with lle MURDER bul
faa tao Victim of a bate conspiracy,
Atieasi tl0iGO0WHh Hpeut 20 convict We
nfsn under indictment lhe case n now
hslngArgued on "a question uf iufisdlptiun,
A change Qi venue WaH secured huh we
anon taken away from hpme ana lfinhla
and tFiod umlng strangers Tor Che ctlmpi
The men are hll knights Of l'Ylhlha hhl
fndgcH hll over ihe country nave iNltr
asteii thnmaryes in the mAiltE raising
uioney 10 help delray tAe necessary %"
Judge Ioseph Bfease, Judge William N,
uay, judi q Dillon, OF New tork lilN Hud
Judge Peck, 0i lupeha, Kansas are ii
Maahlnnl0u arguing ihr cHeH,
Attorney General Miller hhh confessed
Enopen court thni tle ADMISSION otcerlAln
HarsaHy testimony Was in rrrpr II Do
thought in.a AlpHe viii he sufficient 20
reverse the verdict
Captaiu ffenap, one OF the condemned
n1en, formerly lived 40 Wl'mut, tlia
.snunty, and has q hoal " iHunds here,
Afe 81 a brother uf iudHe loitph fubHe,
Judge Day arrived from Washington at
noon tl.daI, where he has been before the
United States Supreme Court arguing lhe
case of the ak men convicted anu hrnirnc'
til ior the Hay Camp killing ln No Mans
Land, between Kansas and Texas, Capt,
Cyrus freafe, Of thla county, being one OF
die condemned mon,
tha brief report Of Attorney General
Miler'a confession Of error ah prinielhy
dhe Associated Press yesterday dulge
Day said W "a reporter this afternoon
''ihe plalnulla lu error being lhH hlk con-
Vlcted' men, through their counsel, prose-
rutcd u writ Of error in the supreme
Court 70 reverse The sentence ~ the Texas
sOurt, because Of errora IN the trial IN
admitting and rejecting testimony hhd IN
charging thn iufy, Hnd also asking feyef-
iaal on the around That the Texas court had
40 IurIadlctOn over No Man'H Land, tho
atrlp OF county west OF the Indian Terri
aory and south OF Colorado and Kansas,
Counsel for the plaintllialn error we're
about 10 begin the argument 10 the court,
when Attorney General Miller arose and
after stating the circumstances OF the case
A. the court, said that thcre was such clear
and palpable error ln the admission OF
testimony Ia the court below that ho folt
4 hla duty, not only 10 consent 10 reyer-
iaai and new trial, but t0 move the court,
on behalf OF the government that the ease
he reversed hnd u new trial granted,
lie also said that hH there was a question
na 10 the Jurisdiction ~ tho IoxaH court,
which would hove 10 be determined iu
order 10 know what court " any, had
Jurisdiction 10 try the defendants, he
would only ask the court 10 consider and
determine that question:
Chief Justice Fuller sustained the me-
tion Of the Attorney General 20 reverse the
case and said the court would hear the
question of jurisdiction. That question
was thcroupon argued and submitted to|
che court, II u an exceedingly Important
aud interesting one ANA the decision 10
not looked for for some time Notwith'
athnding the prompt reversal OF thc case
on the motion Of Attorney Gencral Miller
II twas necessary to submit this question
OF Jurisdiction, 30 that it might DO known
what court, II any could entertain further
proceedings Ia tnc ease, " any are hnd,N
"judgc, " hat about tho removal of nla'
trlot Attorney Wilson, who prooccuiod
she cnae2n
~ understand that 10 the fact, itaccma
shat man hy the uamo OF Wood, after
whom WOoladhln iH named, thc rival
town OF hugotpwn, thc county seat uf
Stevens county Kansas, has boon
throughout tio chief promoter OF this
prosecution, " IL generally understood
that the dlttF,ct attorney allowed Wood 10
virtually manage the prosecution, which
70 did Ia tho most interruptions und vim
Il.
roonha OF the government at
lla own pleasure, TO Jake the
people Of Texas, who know nothing Of the
ease, and whose hunincsa seemed 70 ho 10
uhanuiacturo public sentiment nguluut the
defendants, who were Cltloue OF Kansas,
aud wcro wholly unknown Nt Paris,
Toxaa, whore the trial was had,
Although Che government hud only two
witnesses who pretended 10 have been
Frcsont at the homicide, hundreds were
mibpunWd, The Costa of this case Tor
gitnossosnlont were $1,000, THIS man
Wood apont mouths working up the case,
and although he had no commission from
uic government, was allowed 10 take part
al tho trial aud make the closing plea Ter
tho government Ia the jury
From all can learn the conviction OF
ihe defendants was due 10 the unHCrupu-
i1up methods and trClcss energy Of this
man Wood, TO secure q conviction, While
j have no authority from the Attorney or
Solicitor Gonoral 10 say that allowing
Wood 90 manage this proHccu-
Iua Ia the manner which he
did was ,tho cause OF District
Attorney Wilson'S removal. I have no
doubt that such Nv the case.
think the friends OF Captain Brongc
have no reason to fear the results OF any
further proceedings In the case. Thcro is
absolutely no testimony OF any weight
against him In the case, A new trial be-
Sore any fair tribunal would surely result
in his ncqulttal.