The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-05-20
A CONFLIOr OF AUTHORITY.
An Oklahoma Justice of the Peace Over
rules a District Judge.

GUTHRIE, O.. T., May 10 Special l.
! Deputy United States Marshal G. Madseu
has just returned from Beaver county
He had quite a novel experience. He went
there representing the United States mar
shal At court, j Judge Burford presiding. On
Friday night, May 13, some Texas COW.
boys, true to their old custom, were at
tempting to paint the town Beaver City
red. They fired about twenty shots il
front of the judges window during the
| night About 4 O'Clock Judge Burford
ordered Marshal Madsen to arrest the dis.
turbers and put them in Jail. He waited
for some time outside to ascertain the
names of the persons who had been shoot
ing. Seeing one man go into saloon
(Which, contrary to law, was open at this
hour and load his revolver, he waited
until three men came out and overheard
the remark: eve are going to have some
more shooting"
The deputy stepped up and asked if they
were the men who had previously done
the shooting, and informed them Mt the
same time that he was n deputy United
States marshal. They told him, with an
oath, that it was none of his business and
that they did not want him to interfere
with them. He then snaLched the six
shooter which the man had concealed
under his coat. Before he secured it he
was struck twice in the face by the COW
boys. Madsen retained his hold on the
revolver and took it away from the fellow
after which he hit the man and knocked
him over billiard table. Immediately
covering the other two W. til his own and
the revolver he had taken from the other
man. He ordered the man whom he had
disarmed to go to Jail with him, keeping
the other two at bay in the saloon After
getting him out on the sidewalk the man
turned around and said 81 am --
from Kiowa, and am not going to jail" I"
aE the same time attempting to resist.
The deputy said: Il am glad TO know
where you came from" and struck HIM
over the head with the revolver. knocking
him down. This seemed to have the de-
sired effect, and the gentleman from
kiowa went to Jail
Early IN the morning the prisoner was
taken before the justice of the peace by the
sheriff of the county, in violation of Judge
Burford's orders, who, having ordered the
mau arrested, placed him outside the
jurisdiction of a justice of the peace He
WAS allowed to go free after the payment
of So, aud was permitted to make a com.
plaint against Madsen for assault and
battery. The probate Judge fined Madsen
i a
appealed from TO the district court, where
doubtless there will be made another in
trepretaton of law.
Judge Burford. after sentence had been
passed, with the permission of the Justice
of the peace, addressed the audience. and
told them that he very much deplored the
condition OF affairs at Beaver City, stating
that il was upon his order that the arrest
had been made, and that if any fine or
costs were adjudged to the marshal he him
self would pay them.
Il WAS once appointed your probate
judge, aud later your district Judge, and
so long as am your judge, | shall see to it
that the laws OF your county are enforced,
and that the citizens are protected. If it
takes all the civil and military power to
accomplish il. | do not care whom iU
hurts. aud whether | am your Judge for
day or my official head goes off in ten
minutes, 50 long AS am your Judge !
shall enforce the law"
Threats were made against the marshal.
aud the wild and woody stated that they
did not wish the law enforced or any out
sIderS Ia Interfere in their business. Not
wlthStanliug the threats. the marshal
VIII be on hand promptly at the next term
of court and wilhsee TO it that the law is
enforced The sentiment of the good cit
lzens ot Beaver county is in favor of law
ana order, and they stand ready 10 sun
port th- officers. These disturbers are a
relic OF Kansas county seSt fights They
are being driven from their last ditch.