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 CHIEFTAIN:-ln your last
issue / see an article purporting to
be the decision of II. Ii. Trott, as
clerk Of tCooYce scoowee district,
in the case Of Sarah Lowrey, Ct al.
VS. Albert Cooper ~
Thank ton ard the Ingenuity
OF man That there Is such q tliinR
as "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 mons,rosity.
First, | assert boldly and with
out fear Of successful contradiction
that Mr.. Trolts decision(?) Is a
rape Of the Cherokee laws, an ut
ter disregard ofJustice and equity,
and disgrace TO the man who
wrote it; but rs 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. Barnesa piece
ofbarren public domain, in Coowee-
scoowee district, c. N, upoa which
Barnes agreed to buida house, dig
a well, fence and break sixty-five
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 it 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 % move of
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 $500 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 his 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
Of the estate. Judge Starr in.
formed her as TO the law; but says
she, ~ can pay all the debts and
settle the estate without an adj
ministration," and on agreement
to do so left the Judge with the
understanding that il an admins
tration should become necessary
she should receive the appoint
ment as such. Up TO this time all
is we'll.
But now begins the cussedness
winked at and upheld by this right
eous decision of Mr.. Trott's.(Y)
MrS .Lowrey at once sold the place
10 one Keys for S400, Dust one
half OF its actual worth) and gave
a bill Of sale therefor. and Mr..
Keys at once filed an application
for a writ Of ejoctment. Mr..
Barnes on receiving notice Of the
proceedings came to me for advice.
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