The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-02-11
Ira TernII's Case on Appeal.

! Guthrie, o. r, Feb 11-The application
OF Ira y. Terrill of the Kansas penitentiary
| for patent on a cyclone dissipator and
| rain producer has revived interest in his
| fate among the people of Oklahoma The
| details of his invention are not clear, but it
| is said that he has a scheme by which he
can go out in the prairie, stop a cyclone,
| squeeze the rain out of ii. restore peace TO
| the troubled atmosphere and save cities
| from ruin and their Inhabitants from hor-
| rible mangling or instant death. This also
revives the idea that Terrill is insane. Some
people have always held that he was insane
when he killed his fellow man, that he was
! insane for years before that and has been
/ insane since. IT Is not. however, on the
grounds of insanity. but for constitutional
| reasons that Judge Buckner of this city
| will apply for a writ of habeas corpus in a
| few days to have Terrill released from the
penitentiary. There is neither head nor tail
tc the court records in the case of the Ter
ritory vs. Terrill. 1t is on record that he
was sentenced four different times, and
Judge Buckner claims to have three COM
mitments of different dates ordering his in
| generation. After the first conviction Ter
riu served part OF his sentence, but was
released on habeaS corpus brought IN the
| supreme court of Kansas and ordered re-
| turned TO Oklahoma for another trial.
Judge Buckner holds that his liberty was
| ;eopardized when he was first sentenced,
| by being confined In the peniteutiary, and
| that hence his liberty could not have been
legally jeopardized again, as is the case now
by reason of him being recommitted to the
Kansas penitentiary. He will also claim
other defects in the case and he seems to
have no doubt of success.
On the Bird day Of January, 1891, Ira y.
Terrill, near the land Office in Guthrie, o.
T., shot and killed George W. Embree The
difficulty grew out of Embree filing pro-
test against Terrilrs final proof for his
homestead. Embree was what was known
in an early day as professional witness
in the land Office. For the killing of EN-
bree, Terrill was, on the 31st day OF March,
1891, indicted for murder. At the frs.
tenn OF the district court for Logan coun-
~. o. T., after Indictment from Frank Dale
and t. j. Lowe, Terrilrs attorneys filed q
motion and obtained a change Of venue in
the case to Payne county, o. T. Thereafter
there was trial OF the cause in the district
court Of Payne county: which trial result
ed in hung jury. after which Terrill was
admitted to bail in the sum OF 80 OOo Which
he gave. On the 26th of September. 1892.
Terrill was again put upon trial and on
the 9Th day of October, 1892, the jury found
the defendant guilty of murder and he was
sentenced to the penitentiary at Lansing,
Kan, for life
Terrilfs attorneys. Dale and Lowe, took
an appeal to the supreme court Of Oklaho.
ma and by reason of some of the papers
being lost or stolen the appeal was dis
missed, there not being SUFFICIENT cause to
give the court Jurisdiction in the records
before the court Terrill was taken to the
penftent;ary and began his life sentence
Judge c. r. Buckner was then employed In
his case, and. on the 9Th Of September, 1893.
flied a petition before the supreme court Of
Kansas for a writ Of habeas corpus, which
petition and writ was resisted by the Hon.
A. II. Huston, county attorney for Logan
county, Q. T. After a full hearing the
supreme court of Kansas granted the writ,
deciding that Terrill was wrongfuly held,
and ordered the warden to return him to
the Oklahoma authorities. which was done
That fall the Territory took change of
venue to Lincoln county and the case came
up for hearing at the spring, or February
term, 1894, at Chandler, at which time Ter
rill was present with his attorney, c. r.
Buckner, who put in plea OF former con-
viction and had the case won. but the court
gave him twenty-four hours, after the jury
was empaneled and the defendant had put
in his evidence and rested, to prepare his
case. The result of which aid and instruc.
tons the jury found a verdict on the special
Plea for the territory. The case was then
taken by change of venue to Noble county,
where, on the 7th day of December 1891,
Terrill was again put upon trial. His at
torney. G. r. Buckner. being at the time
sick at Saltwater, the court Judge Berer)
refusing continuance. c. r. Buckner his
attorney, not being able to get there until
after the jury was empaneled and several
witnesses had been examined his son. c.
W.. Buckner. a NEAR boy, who had Just
been licensed, was conducting the defense
Had not the Senior Buckner been sick dur
irg the whole trial he thinks Terrill would
have been acquitted. but owing to the sick
ness Of c. r. Buckner, his attorney, he was
found guilty of manslaughter In the first
degree and was by the court sentenced to
twelve years in the penitentiary. few
days after said conviction and sentence
Terrill made his escape and remained out |
for nearly two years, when he was captur- |
ed at Fort Scott and taken to the peniten- |
tiary. During the time Terrill was out he
conceived the idea that the authorities did |
not want 10 recapture him, and did not try
to hide himself much. He came to Perkins |
and spent three weeks with his family. was |
in the streets daily, sold out his effects and |
started TO Missouri where he had been work |
ing in coal mine, in a two-horse wagon, |
going through the country and at some |
point in Kansas sold his wagon and team |
and took the train for the rest of his trip. |
At Fort Scott he was recognized and ar
rested.
4 great many Guthrie lawyers believe. |
with Judge Buckner. that Terrin is illegal |
ly in custody.
There is one thing very noticeable here |
this year and that is the absence OF the |
usual legislative poker game. During all |
former sessions stiff poker games were held |
ir. several places every night, but all ef- |
forts 10 get up one of any interest this |
year, have proved a failure. TWO or three |
were started early in the session. but they
soon played out and they could not be re-
vived. The fact is the boys who are at /
tending this session are comparatively poor |
too poor 10 indulge IN poker games. As
9 general thing they send their surplus
money home TO their wives.
There is now some prospect that John
cons railroad bill VIII not fare so well in i
the house as Il dit IN the senate. The two
members from his o~u county VIII pro |
baby fight IT, II il said that the people OF
Oklahoma City are against the bin and vii
ght IL vigorously for the reason that they
seem 10 think that Il tends 10 discourage
the building Of me Sspulpa rosd into that /
city Mr. Graves. the Popuist member
from Oklahoma county. does not hesi;stz
to say that he VIII vote against the bill
The confirmation Of Judge Keston by the /
I aitsd States senate Is doubted very much l
here and Il he Is not confirmed great 1
deal Of pressure will De brought 70 bear OF