The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1895-06-28

rEluaNs the AAtu Gay OF Octuuers \.
D., 1se5, and that on that day, be-
tween the hours Of n O'Clock a. m,
and ? O'Clock p. m, you be taken by
said marshal TO some convenient DlFce
in the city OF Wichita, in the county
OF Sedgwick and state OF Kansas, and
tha. there and then you be hanged by
the neck unit you are dead, dead.
And may the Lord have mercy on
your SOUL
The codcmned mar xalket with
Marshal Neeley 70 his ONCE with the
same firm step with which he entered
the court room.
When he entered the ma -shal's OF
fee n reporter for the Eagle congrat-
ulated him for the courageous man
r,r in wien he had stood the trying
ordeal.
II could stand il, said be, "bc-
cause I am innocent. II Is given TO
man once TO d'e, and q must sub
m to this injustice and die for
crime that never committed, will
die Ike a man. have not the least
fear Of death. II has no terrors TO
me-
Then Mattog said that his mother
vas in the c'ty, but that she had re-
mained away from the court room,
and then entered the marshal's p, l.
vate Office as he stated that he want
eel to talk to Mr. Neeley alone.
After Marshal Neeley came out OF
his Office a reporter FOR the Eagle
asked him IL he would keep Mattox
here until the time set for the execu-
ton. lie declared cmphatically that
be would not. When asked why ne
wo Ia not, Mr. Nceiey spread out his
hands palm downward and moved
them in n semi-circlc aud closed his
lips, virtually saying, answer that
yourself. Postmaster Fitch who ac-
companied the ma snai, lsnswered;
"You know he cot away once here. -
While the supreme court sustained
the couri below aud issued its mai
date to Judge Williams 10 enforce the
We dict OF the iu y and ;Ie Judgment
OF the court, IL = not gene ATTY 3 Town
that three OF he judges OF the SUI
preme court lende cd q disselting
opinion.
The statement OF the ease by the
supreme court shows tlat on Dec. -,
1883, Jonn Muiiii was killed in Okla
49,. IT,. .- 49,. ..s ~. e...s...l-s.
ton OF the Uni.ed States coUrt. Tha.
an indictment was returned by the
AID iu.y aga.rst Clyde Mastox at
de Sep.em1cs term of the dist. ct
CO. . at Wicn ain 1Sai a. wnich term
re was i - led ald cOav c.ed.
From tlis COW c1 o. be saed out
~. OF .oc iro n me SUP e.ac con &,
wnicn ieve,seu ,ie Judgment o, the
lower cou. and remalded the case
for a new -. he was put upon
/ trial aga \ It .Je December te N "a
is92, and a. ain colV cted, whereupOu
he sued out his last writ OF e. o..
Efsos was ASST, ied 10 tne COZ be-
low, % ia assu .niig Jurisdiction oi
the case; ~ n no, Ieinitui. ,ue in.
dictment to the circuit court for trial
| (Sl in adult, II 20 tie ie y me re
pO4te.s' ao,es - tAe testimony o.
two witnesses al n iofmec tFiE' who
had ice d,eG; tAl IN .eiG. 'ag - PEI
NIT the defendant 20 iItrodpce the
tes. nony OF tire deceased Witnesses
uPOh the < ound tlat the proper
foundation had not heeh In 4 'or sue.
impeacn hent.
The OF i.ol Of the cOu- sustaining
/ cou below was de',ve ed oy jas
zee Brown, but a ve.ys 81 org dissent
ing opinioh was giveh by Just G.
sh.ra1, AID conccrred in by JusCc'
G ay end Justice White.
The -. ong poilt in the d.ssentin;
o Union WIS that the cOurt below ha'
! e. ed n no1 allowing Clyde Matto:
% mt oduce witnesses TO show tina
the witnesses who died were mistak
Ell had ai.er the l.;al become con
V ced tnst 9ey were mistaken. Tha
vas Just ihe point that Mattoz'
counsel claimed to be able to prove
= that is that these dead Witnesses ad
mitted befo. e their death that the
were mistaken, and they claim IL th
Witnesses had been allowed TO testif
/ that Mattox would have been cleared
, Wichita, Kans., Eagle.
Tunnels Sc az HeFndon's.
= FOX SALE-At n bs gain, a cours
in business college. IL you want
brsiness educF ton .his is your oI
J poriunity. Apply AZ this once.
Prompt, reliable Burlitt. 27-st
= WIN Green. In, drupVist. went