The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-31
hickey Is MISNAMED.
iehtning Changes in the In
dian Murderer's Case.
esFoRTunE STILL puRsuEs HIM
s~s<s Released, But ssIil In Jasi-A
seq sqaatser Claims the ssad
spis-Ths ssyward Case.

ne old proverb says that there Is many
ssIip twix. the cup and the lip; In the ex-
p<rsence Of Sammy Luckey, the Indian ter
rstsry murderer, yesterday there were
fAres such slirs, tao raesaphoricaI and
sss painfully re al. The first dissppoint~
n<ns be sustained vas TO ne taken before
JsGge Osborn for hearing on his petit
ncr Tor writ OF habeas corpus after be
tsd been discharged from custody by
Jastics Caldwell. the second va. when
der Judge Osborn discharged him he
sss placed under arrest by g United
Etstes marshal. and the iast was when bis
wife offered him drink Of whisky and
his guards would not allow him TO take IL.
Lnckey's case has neen as erratic in its
Developments "a a jack-iu-the-box. First
be wss discharged on q writ OF habeas
corpus because he had never been taken
before iustiee Of the peace and charged
With crime and was nevertheless being
he'd without reguisition papers. He Was
again arrested aud brought before Justice
Caldwell, who held him for preliminary
eEafaination. which Was set for yesterday.
He at once sued for another writ, bat
before II came up for hearing the requisi-
ton papers Tor his return TO Indian ter
rirory, signed by the chief of the Muskogee
nation. Of which he 10 member, arrived
Ia the care Of Sheriff J. y. White. who
presented them 10 Gov. McGraw. The
iatter refused to honor them on the ground
that acquisitions from an Indian chief
upon governor could not legally be recog-
nxsd. The sheriff az once sent for new
papers from the Judge of the United
tat ~ in nd
attorneys made q new move 10 anticipate
their ARRIVAL and withdrew Sunneys Pc
ton for habeas corpus, fling = new one
setting MP the claim that their client was
an Indian aud could not he extradited at
all. since the law provided the tribes
should have jurisdiction over Indians
charged with crimes for which the penalty
OF death might be inflicted and requisi-
ton from the chief could not De honored
They base their claim upon the fact that
Iucksy Is a aegro-Indian muiatto, which
they claimed made him an Indian in the
eyes of the Law. IL this contention 10 true
the papers from the district court would,
oil course, not avail anything. out its truth
or falsity may never be settled.
The hearing OF this petition was set for
yesterday also. the same rs the charge be-
fore Justice Caldwell. Luckey was all an
tieipation and he confidently hoped to be
In Franklin at his home before night His
colored friends there shared In the belief
and came down from the mines In full
force. bringing with them Luckey's wife
The preliminary examination =as held at
2 o'clock. and Luckey, who had come
down from the jail in charge of a deputy
sheriff. Was discharged, as IL was known
oil along he would be, the reauisition
papers from the district court not having
arrived. II was, In fact. only to hold
Lnckey until the papers could arrive that
he uas brought before a justice.
As soon as the justice announced that he
saw no good reason for holding Luckey
longer, the latter's colored friends. who
were motley throag in the court room,
we're In for giving him an ovation. They
crowded around him in the corridor with
congratulations. thrusting aside the
guard who still kept the prisoner In Gus
toty. and Luckey's wife. buxom colored
Firl, pulled a huge flask of FRANKLIN
whisky from the capacious pocket Of her
dress and proceeded to refresh hubby"
at the same time telling him how all
Franklin's colored population was making
arrangements TO attend the ball in honor
OF bis release. hut the cup was dashed
from his lips, or rather the guard ordered
the woman 10 keep the flask to herself,
and so Sunny lost the drink. Then TO the
surprise of the prisoners friends, who fol-
lowed in mournful procession. he was
taken back TO jail TO await a hearing on
the writ of hahess corpus
The hearing on this came up at O'Clock.
and for the second time Luckey was
ordered discharged. The friends thought
they had him sure this time, when Judge
Osborn said be could not hold Luckey If
Justice Caldwell would not, but before
they could crowd around Luckey Deputy
United states Marshal Qailser stepped up
and arrested him on a warrant from Com
missioner Emery's court Thither Luckey
sent, and an hour later he was sent back
10 ais old cell on a temporary commit
meat from the commissioner, who set his
hearing for February g. BY that time IL is
possible that the requlsition papers may
arrive.
The commissioner says that In his own
mind he Is not certain about the case. but
thinks that he has the same right TO hold
Luekey for few days. pending arrival OF
tae papers, that be would have 10 hold a
prisoner from foreign country awaiting