The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1896-03-19


are capable Of enforcing the law,
among themselves, then, by every
dictate OF right and justice, and up
on every principle OF freedom, which
is dear to the hearts Of the American
people, we should be permitted to do
SO. BY the act of March l, 1895, con-
gress declared that we were capable.
What has happened since then in the
most remote degree tending to show
that we cannot be so trusted. From
what source does the demand for
this repeal conner Who Is interested
in perpetuating the present systemq
II may be said that IL we are allowed
full jurisdiction in criminal cases,
witnesses would be afraid to testify
against defendants i'm the Territorial
courts. Two conclusive answers can
be given to such a statement. In the
first place, IL assumes too much. 10
il be correct, then there should
not be any courts at all in the Indian
Territory.
love their money better than they do
their lives or their liberty. A man
will risk his life where he will not
risk his money. A man will risk his
liberty for a mere pittance Of money I;
otherwise, theft and kindred crimes
would be rarely, IL ever, commit
ted. 1t necessarily follows that II
men cannot be trusted to testify I'm
criminal cases in the territory for
fear of giving ofiense, to the friends
and partisanes Of defendants, for the
same reason they could not be trust
ed to tell the truth for fear Of en-
couraging the displeasure Of litigants
in civil cases. II we are going to be
deprived Of criminal Jurisdiction on
that ground, then, to be consistent,
congress should also deprive US Of
civil Jurisdiction and should forth
with abolish our courts as an unnec-
essary burden on the government, as
a mockery upon law and justice and
as delusion and a snare TO ourpeo-
pie.
But again, IL witnesses cannot be
depended upon to tell the truth in
the Territory, by what course of rea-
soning can il be maintained that
they would tell the truth in courts OF
foreign jurisdiction? IL may be true
that witnesses so testifying could be
protected while attending such courts
from the supposed danger which il
is alleged they would incur. But,
what power would court possess,
located beyond the limits Of the ter
ritory, TO protect such n witness AZ
ter his return TO his homer sub
NIT in all fairness, that the opportu-
nifty and the ability, as well as the
disposition OF local court to afford
protection from any such supposed
danger of injury or assassination,
would be infinitely greater than any
power which the utmost diligence oi
foreign court could exercise.
would or could possibly afford.
IL may be said that the iuries Of
the territory courts could not be de-
pended upon 10 convict. This is an
assumption of the point in contro-
versy, and n substitution OF assertion
for evidence. An examination Of the
records now on file in the depart
ment Of justice will show a larger
per cent. of convictions, in proper
ton to the number of cases tried,
obtained in the courts OF the terrific
~, than is obtained in the courts
against whose Jurisdiction we now
protest. III witnesses who testify for
the government are prevented from
doing so through fear of injury or
assassination, upon what testimony
were these convictions obtained3
Why have not some OF these wit
nesses been injured or assassinated:
II juries in the territorial courts are
afraid TO convict, how does Il happen
that these juries are not intimidatedi
But il may be said that these were in
cases of petty misdemeanors. AS q
matter of fact, as l will presently
show, such is not the case. But fol
the present, let us grant the prem
ises assumed. Is IL an answer TO oui
position? We respectfully submit
that the assumption is contrary tC
human experience and that il carries
with it the illogical conclusion thal
there can be such a thing As an ade
quate motive for crime. appea
with confidence to the experience o
every member OF this committee wh'
has watched the operation Of oui
courts, for confirmation Of the state
ment, that the law is more uniformly
and strictly enforced against thos'
persons who commit grave offenses