The Wichita daily eagle., 1891-10-09
NOT A pERJuREa
Port Campbell Exhonorated In the Federal
District Court

The case Of the United States against
Port ]. Campbell was concluded Yesterday
in the federal court, and the jury returned
a verdict of not guilty, IN accordance with
the instructions of the judge, without
leaving their seats in the jury box.
It was very important case and the
decision is awaited with considerable in
terest in the western part Of Oklahoma.
The Charge against Campbell was per-
jury, and the facts in the case are as fol-
lows:
Previous to the opening of Oklahoma,
| Port j. Campbell was an employee
of s T. Wood, formerly county surveyor
Of Sumner county, who was then survey
| ing the line of the proposed Rock Island
road from Caldwell to Fort Reno. The
line, as IS well known, passes through the
western part of Oklahoma at the opening
of which the surveyors, of which Mr.
| Campbell was one, were working near
Kingfsher. Campbell desired claim in
Oklahoma and when the long TO be re
membered April p came he left Oklohoma
and stationed himself outside the west
line with the boomers, and when the hour
of 12 noon, arrived, he made the celebrated
run with them. He settled on the north
west quarter of section Il, township 16,
range Z, west. In the meantime the sooner
question came up and he went to
lawyer in Kingfsher and asked
his advice about fling on the claim,
stating the facts to him, and the lawyer
assured him that be had perfect right
under the law to make the filing. He did
so and his fling was received in due form.
Shortly afterwards contests were fled on
the same quarter section by man named
Hurt and also by man named Giffen.
Sooner than go to the expense Of contest
case Campbell withdrew altogether from
the claim and left Hurt and Gifen to
fight it out In the contest Gifen was
beaten and Hurt remained in undisputed
possession of the land. Giffen then made
a complaint against Campbell, charg-
ing him with perjury in having
made filing aff1davits when he
had no legal right under the
sooner" Interpretation of the law so to
do. Campbell was arrested and brought
to Wichita where he gave a suitable bond
for his appearance at this term Of court.
The csse was called yesterday morning,
a jury empaneled and trial commenced
Several witnesses were called but their
testimony was unimqorrant. Campbell
himself testified openly to what he had
done, how he got on the claim and to the
advice the Kingfsher lawyer gave him /
about his right to file under the circum-
stances. When all the testimony was in |
Judge Riner instructed the jury to return
a verdict of acquittal. He said that /
Campbell was not a sooner in 1
the contemplation of the decision OF /
the secretary of the interior; that he was IN 1
Oklahoma on business before the opening; /
that he left Oklahoma before the day set 1
for the opening and took equal chances /
with other men by making the run, and /
that consequently he had a perfect right /
under the law TO make the fling on the
land as well as the necessary affidavits in
connection Herewith. The jury immedi-
ateIy returned a verdict of not guilty and /
the Judge informed Mr.. Campbell that he
was discharged from the custody OF the
government officers.
Since Campbell left Oklahoma to attend
court some miscreants set fire to his barn
and burned a thousand bushels of wheat
which was stored there. He thinks there
IS a gang down there combined against
him to force him to leave the country, and
be says be will put in every hour after
getting home in an effort to apprehend
them and bring them to justice Camp
bell is a quiet, sober and industrious
young man who has lived at Caldwell for
several years where he has an excellent
for these personal traits.