Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-06-06
OKLAHOMA MURDERER MUST SERVE
HIS SENTENCE.
KANSAS COURT DECISIONS.
JUDGMENT AGAINST A KANSAS CITY
FIRM SET ASIDE.
Township Which Was Formerly Gar
field County Must Pay Its Old
Bonded Indebtedness To
peka Water Company
Wins Its Case.

Topeka. Kas., June 5.-CSpecial) The
state supreme court to-day handed down
an opinion denying the writ IN the haDeas
corpus case filed by Ira Terrell. the OhIa-
homa murderer, to secure his release lIOh
the Denitentiary Terrell viii remain IN
the penitentiary, where he Is serving Il
term OF twelve years. -Four years ago ne
killed George EmbTee az Guthrie over a
dispute over a land claim. The killing oc-
ctnred in front of the Guthrie land ONCE
Terrell was arrested and convicted on lhe
charge OF murder in the first degree ana
was sentenced to be hanged. lie was trled
under a law which he had urged the pas
sage Of while member Of the Oklahoma
legislature two years before, providing lor
capitai punishment. lie asked for new
trial and got it. The next time he was
convicted Of murder in the second degree
and sentenced TO twelve years IN prison
Before he. WIS taken 10 the penitenuary ne
rradc his escape. and was at large ior Two
years Finally he was located near fort
Scctt and taken to prison. Three months
ago. Terrell through his attorney, Judge
Ruckner. Of Guthrie, fled an application
Tor his release from prison on Il VIII NIlL u
habcas corpus. He claimed that the muir
dor for which he was sentenced was com
mitted on the federal reserNaU ana lhat
n should have been tried IN the iedSra edSi
court. in refusing TO grant ire VIII ItledSs- ItF.S
ing Terrell said that the questloh OF @ the
ulace of the commission OF the crime was a
matter for the consideration OF the court
trying him. and il was not clearly shown
that the offense was committed on. d reseI-
In the case of Andy Drunlm against
James CeSsnum, Appealed from ,t, W ane .S,t ,ilSy
and ordered the case retired. -Cesslum
sued Drumm & Snider live stock cornnlls-
sion merchants at Kansas City, for dam
age for false Imprisonment and defamation
of character They caused his arrest on
Tho charge of obtaining money under false
ne in the civil case gave
Cessnum damages in the sum OF SS'Vp. @ lne
judge trying the case decided thaI Ine W.
dict was excessive, AMI told Cessnum tnaI
unless the amount of damages was scaleu
down he would set aside the yerdlct cess
mum agreed to throw on SOU ana the
court awarded Judgment against the KAN
sas city men for 5000. An appear 10 1he
supreme court was taken, ahI "a J9.,h.S 49, ~
len in rendering the opinion, hslu tnat w
trial Judge had no right 70 scale GOWN tue
verdict: that If he deemed II excessive ne
sliIU'1 Ind1e Alien in the case of Lewis A. Ri
lev AGAINST the township of Garfield, IN
Finncv county. to compel the levying of a
when Garfield township was Garneld couh-
~. held that the township was liable LOT
tbe same The defense set up was that
Garfield county was never constitutionally
organized because Il contained oniy 4SVyz
square miles Of territory when the consul ,Ii
tuition provides that county shouio 97 con-
tain not less than AZ square miles Judge
Allen held that. while the ORGANIZATION OF
the county might be defective, yer the Oh
ficers who created the Indebtedness were
Ge farto officers. and the obligations in
CURED by them were a valid lien against
were ordered to make the necessary levy
at once. -, A..
ing the decision of the Shawnee county
district court in the case of the city OF
Topeka against the t9peka epe t MaIer az tbo SVTs i
trict court TO annul the franchise OF the
company on the grounds that i had Vlo-
lated the provisions OF its franchlse Dy re-
fttsips 70 make the extensions ordered by
the council. The lower court found IN ia.
vor Of the company, and the supreme court
now sustains the decision.
Other opinions handed down follow;
By Chief Justice Doster.
Stnreme lodge of the Order of Select
Friends VS. Daniel p. Day; error from
Crawford county: modified.
The Atchison Topeka 81 Santa Fe Rail-
road Compauv VS.. Almond Richards; error
from Shawnee county; reversed.
Amanda Corbett vs.. James Moran; error
l.. n. & C. Railway Company VS.. Otto
Myer: error from Leavenworth county;
BY Justice Johnston.
The city of Topeka VS.. Elizabeth Hemp
stead: error from Shawnee county; af-
James jane. King ct al VS.. Kansas City; error
from court of common pleas, Wyandotte
Gtn6ison. Topeka &, Santa Fe Railroad
Company VS.. George ". Aldorhold, admin
istrator etc; error from Jefferson county;
ktchison. Topeka & Santa Fe Railroad
Company vs. Lou Holland; error from Cow
ley county; reversed.
Ry Justice Allen.
w S MendenhaN vs.. J. A. Burnette ct
al: original proceeding in mandamus; per-
omntory writ awarded.
David Mcintosh VS. n. w. Wheeler. ad-
ministrator: error from Marion county;
reversed. Johnston concurrinE. Chief JUS
tice Doster not sitting, having been of
counsel I'm the case.
David Thomas ct al vs. David Owens;
error from Lyon county: reversed.
/ s-Hf frn NVnzl
w. +. Boardman; error from Sedgwick
county: affirmed.
The state of Kansas VS.. Frank L. Adams;
appeSl from Hamilton county; affirmed.
Missouri Kansas q Texas Railway Com
many vs.. Marion Williamson, executor;
error from Miami county; affirmed.
The National Bank OF St Marks kaS.,
ct al vs. the Gille Hardware and Iron
Company. ct al; error from Pottawatomie
county: dismissed.
Sarah A. Brown VS.. J. NJ. Edgerton,- re-