Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1891-04-09

THE REVERSE SIDE OF IAN I'M
PORTANT DECISION
Lawyer Akin Differs With Clerk
Trott.

EDITOR CHIEFrAIS:-Inyour last
issue ! see All article purporting to
be the decision Of II. II. Trott. as
clerk Of Cooweescoowee district,
in the case Of Sarah Lowrey, ot al.
vs.. Albert Cooper
thank God and the ingenuity
of man that there is such a thing
as 1.-THE press and on behalf OF
those people who desire that right
shall prevail thank you for this
space; as it is valuable let us get
to the facts and see the other side
Of this mohstrosity.
First, | assert boldly and with.
out fear Of successful contradiction
that Mr.. Trott's decision(?) is a
rape OF the Cherokee laws, an ut.
ter disregard Of justice and equity,
and disgrace to the man who
wrote it; but as my assertions are
those of but one man | will leave
the public to decide the truth or the
falsity of my assertions.
The facts, as were proven in said
case and as ! am prepared to prove
again are: In 1887, Austin Low
rey leased to VIM. Barnes a piece
sfbarrsn public domain, in Coowee-
scoowec district, c. n, upon which
Barnes agreed to buida house, dig
a well, fence and break sixtv-iive
acres Of land, for which work and
labor said Barnes was to have the
free and unmolested use of said
place for the term of seven years.
1t was further agreed if said Barnes
would build stable OF certain di.
mensions his lease should be ex.
tended for one year No time was
specified as to when this should
be done but it was understood be-
tween the parties that il should be
completed before the said time ex.
pired. Mr.. Barnes built the house.
dug the well, fenced and broke
forty-five acres Of land and built
the stable (besides doing consider
able other work about The place
not provided for in the contract. )
In 1890, he concluded To move off
the place and after an understand
ing with Lowrey that Albert Coop
er should occupy the place for the
unexpired term, and complete the
contract as to the remaining land.
Albert Cooper was duly installed |
upon the premises, and on yer-
bal order from Austin Lowrey and /
the payment Of Sc 90 by said Low /
rey to the proper officer Mr.. Coop (
er was furnished a permit for one |
year. Shortly after this time /
Austin Lowrey died and with him
seemed to die all the equity on
one side of this case. Mr.. Cooper /
began setting his posts, buying his /
wire and making other prepara- /
tions for complying with bis part /
of the contract, while Sarah Low
rey, the wife Of the deceased, ap- /
piled to Judge Starr to give in /
structions as to the management 4
OF the estate. Judge Starr in. +
formed her as TO the law: but saws 4
che, II can pay all the debts and 1
settle the estate without an ad- /
ministration, and on agreement 4
to do so left the Judge with the /
understanding that if an admins +
tration should become necessary 4
she should receive the appoint /
ment as such. Up to this time al /
is well.
But now begins the cussedncss
winked at and upheld by this right. I
eous decision Of Mr.. Trotts.(2) /
Mrs Lowrey at once sold the place /
to one Keys for S400, (iust one 1
half OF its actual worth) and gave 4
a bill Of sale therefor, and Mr.. 4
Keys at once filed an application 4
for a writ Of eieciment. Mr.. /
Barnes on receiving notice OF the I
proceedings came to me for advice.
in consequence Of which The case
was treated with that contempt it