The Iola register., 1891-02-06
us TRIAL GRANTED.

Cook and His Six Fellow Convicts
New Trial.
WASHINGTON. Jan. 26.-The SUI
preme court to-day rendered an opinion
directing that the cases Of c. h. Cook
and six others. convicted in the Sixth
district court. of Texas. for murder in
No Mans Land, be remaDded with in
structiOns to grant a new trial.
The new law of 1889. the court says,
is not ex post facto rs 90 these men Tor
the reason that it does not charge the
crime or the punishment therefor, but
merly fixes the place Of trial.
On July 25th 1888. Sheriff Cross and
posse. consisting of hubbard. Wilcox.
Eaton and Tonney, were shot. and the
first four killed. while the later was
left for dead. at what is known a. the
| hay camp on the public land strip. or
No Mans Land. For this killing six
citizens of HugOtOn. kas. are under
sentence of death. passed by the United
| States court at Paris. Tex.
| The incidents leading up to the muir
der of Sheriff Cross and posse are Is
| follows:
On the Saturday proceeding the mur-
des a party of HugOtOn people went TO
the strip on hunting and fishing trip.
| The party was composed OF sam Robin
son, G.. L. Cook. .. J. Cook and y. VI.
| Donald. with their wives and children.
| On the following Tuesday the party
started back home and stopped to pre-
pare dinner at the mouth Oi COT ; creek.
They went into the house of man
named Patterson and the women began
preparing the meal. While this was
in progress party rode up and told
Patterson to notify the Robinson party
that Ed. ShOrtt was there with apOsse
from Woodsdale and demanded their
surrender. or at least that Robinson
should be turned over to them.
The picnic party returned word that
while they knew that Short had a war
rant for Robinson. they also knew that
the strip was not part of Kansas and he
had no power there. They were noti-
fled that unless Robinson was rurren-
dered they would open fire on the house
with their Winchesters. The Robin
son party asked for delay until the wO'
men and children were sent away. but
this was refused. II was then decided
that Robinson should make his
escape while the rest of the party made
preparations to leave. Robinson slip,
ped out of the rear of the house and
mounted his horse. starting south. with
five of the Shortt party after him.
The two men of the posse left
then notified the picnickers that the
first man. woman or child that placed
their foot in their wagon to leave would
be killed. but the answer was given that
as there were three men to two. the
party would go home, and they did so
passing the guards who made no inter
ference. They reached HugOtOn at IL
o'clock that night, and by > o'clock q
party of armed men was in the saddle
for the strip to render assistance to Rob
insOn. The party was headed by man
named JOslin, and is known as the JOS
lin party.
Meanwhile. on Tuesday. Shortt sent
word to Sheriff Cross at WOOdsdale that
he had Robinson surrounded and wanted
ten men to help bring him in. Gross
got his men together and started to helT
Shortt. They could not find him and or
Wednesday evening they became tired
of search and started back home, reach
ing Reeds hay camp at 5 O'Clock
in the evening, where they stopped tC
rest.
At noon on the same day two Hugo
ton men had business at Voorhees, and
as they were returning they We're sci
upon by party of men from WOOdsdale
and shot at. but escaped without injury
Word was also received through the day
that armed men We're seen going into
the strip from WOOdsdale. Late l. the
afternoon no word had been received
from Robinson or the JOslin party, and
the wives of the men in the strip inn
plOred the men of HugOton to go to
the assistance of their husbands.
Urged by these entreaties a party Oi
twelve men started from HugotOn for
the strip in buggies and wagons. They
were heavily armed and went prepared
for war. They drove south to a ranch
known as Maher's. at which place they
ded his persuers and was on his way
home. He had seen nothing of the
Joslin party, which was still in the
strip looking for him. He then turned
with the rescuing party, riding ahead
with a party of hOrsemen in front of the
buggy party. Tie whole party was
| SLT.sgOll0g OuU WIFI -. u. SDOh anu -
5. Cook at the lead and the others strung
out following.
The claim that when they came with
in mile or two of the hay stacks. where
the Cross party was resting, they heard
firing, and when they reached the
stacks they found the five men shot, anC
as they supposed killed. TOnney was
however. only wounded and lay as il
dead, fearing that they would finish
him. He was afterwards able tC
reach Voorhees, where he recovered
After spending half an hour at the hay
camp, the HugOton party left for home
stopping at Voorhees, to notify the peo
pie of the dead men at the hay camp
The testimony of Tommy and the hay
stackers at the ranch resulted in the in
dicment of thirty-two men, including
the most prominent men of HugotOn
Eleven were tried, but five of those were
acquitted. and six. G.. f Cook, o. J
Cook, ]. B. Chamberlain, Cyrus Frease
- Jackson. and Lawrence, were
convicted. Tonney, who fully recover
ed. testified that he recognized Cham
berlain as being one of the firing party
although the testimony showed tina
c. E. Cook, who Tonney said hai
reached the place fifteen minutes
after the firing begun, was ahead o
Chamberlain in the party.
Do We Fly?