The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-16
HIS FUN is LEGAL

TREMENDOUSLY NUMEROUS CASE
IN PAYNE COUNTY, 0. 7.
After Great Legal Maneuvering the De-
PENDANT is at Last Brought Before the
Court, which is Not Feeling Well and
has q Sore Eye and Enters the Fact on
His journal, but Does Not Charge a Fee
for It-After Examining the Statutes
He Believes He Decided the Case, but is
Not Quite Certain About it After All.
saltwater, o. T., Aug. 15.-(SpeciaD-
There have been many celebrated cases
before country magistrates in Okla
hona. but Clear Creek township, Payne
county. comes forward with case that
caps the climax and VIII probably re-
main unequalled in all legal history.
After rea ding the proceedings the legal
student will find that he has clear
idea in regard TO the physical inabiil-
ties and misfortunes of the magistrate
and a dismal, misty opinion that some
BODY was being tried for something.
The case is this: The Eagle, few
days since, published an account OF the
shooting of Richard Mcdowell by Hor-
ace r. Pierson, and latAr of the dis
charge of Pierson by the magistrate.
The transcript Of the proceeding before
the country magistrate VINO presided
at the preliminary has arrived at the
clerks office. The following, which IS a
verbatim translation of ii, deserves TO
be preserved. The members Of the legal
fraternity who are readers OF the Eagle
will be interested in it:
Clear Greek township, Payne Co., -: L.
August LIST, 1885.
Greeting to all this May Come:
To the District Court:
I hereby make my Report to the DIS
tnict Court VS. Horace Il. Pierson,
Deft. / could not make it out any soon
erI. (as nv right eye was boshering me
SO painfully that could not write very
we'll any sooner for few days. IL.
another reason was / did not have
money enough to send ii by Registered
Mail (as such things ought to be senD
let alone to come down to saltwater
myself to hand il in / hereby SEND l
warrant. / complaint, or Information,
napers with and one copie of proceed
ings as they appear on my docket, Five
90 Papers in all.
Respectfully
Matthias Chosen Jr.,
Justice Of the ePace of Clear Creek
Township, Payne County o. I.
Copie of Justice Docket page $50
Territory of Oklahoma,
Payne County,
Kind of action or Proceeding
Criminal, Shooting Affair
felony
before me Matthias Chosen jr
A Justice of the Peace of Clear
Creek Township in said County
Territory of Oklahoma, Plif.
index Letter r. No IS.
HORACE r. Pierson Deft.
Clear Creek Township, Payne county.
q. T. July "A, 1895. Now comes Thomas
r. Mcdowell of Rock Township. Payne
County, O. T. and files complaint and
affidavit Stating under Oath that GER
tain Horace Pierson of Rock Thwp
Payne County O. #. on the % day Of
July 1895 lin the forenoon about be-
tween the hours of nine and ten
O'CloclO of said day. He says that the
shooting did occur on the n Il Of S e
u of Section % r 90 r W the while
said Richard Mcdowell did deliver or
tell a message, order or nOtlS from
Thomas Mcdowell 10 Horace r. Pier
son Notifying said Horace r. Pierson
not to cut any hay on the above named
land and that he would not allow neith-
Pr him or any one else to cut hay on
on said above named land and that he
Thomas McDowelD was going to make
the hay himself Whereupon said Hor-
race r. Pierson said-wait a minute
and we will see'' stepped off as though
he was going to the house, pulled a re-
volver and commenced firing at said
Richard Mcdowell the while he said
Richard Mcdowell walked back. one
bullet taking effect in the left leg and
about the thigh, and now asks for a
warrant TO be issued to arrest said Hor-
race Pierson. to be dealt with accord
Ing to Law. (Signed) CThomaS Mellow
hD Subscribed and sworn to before me
This oath day of July, 1895.
Matthias Chosen, Jr. ]. p.
Warrant issued and dated the twenty
fourth a day Of July 1895. directed 10
Thomas Finnell. Constable to Arrest
Horace r. Pierson but as it appeared
later that the Thomas Finnell is absent
therefore Charles J. Strickland was
Duly DeputiZed 10 Arrest said Horace
r. Pierson, insead Of the constable and
act as Deputy Constable in this case.
Witnesses subpoenaed on behalf Of
Plaintiff Aaron HOlms Of Clear Creek
Floyd Of Rock Township & Doctor
Ehary of Orlando O. T. Prosecuting
Witness did not want them two (F'loyd
md DR. Sharp and therefore cancelled
off
Witnesses supoenaed on behalf Of de-
PENDANT j. w. Floyd and Andrew Kin
zee.