Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-04-01
"GUlLTY AS CHARGED"
THIS WAS THE VERDICT IN OUR
FIRST MURDER TRIAL.
Milburn LOVelace Convicted OF the MUIR
der Of VIII Glass-A Qualified Yer.
dict saves his neck The Judges
Charge and Sentence.

pied the attention Of Judge Spring
er's court last week from Tuesday
night till Saturday afternoon, and
it is safe to say that no court trial
held in the Indian Territory ever
attracted more attention. 1t was
the first murder case tried in the
Northern district, and the court
room was crowded from the begin
ming of the trial till the close. The
defendant, Milburn Lovelace (alias)
Dick yson, is a young fellow of per.
haps % or "a years OF age, light
complexion and not bad looking.
He sat with his attorneys through
the trial and manifested the deep.
est interest in the proceedings,
though he showed no emotion
whatever save to smile occasion
ally when other spectators smiled
at some sally Of the attorneys. The
mother of Lovelace sat near her
son, after giving her testimony,
as did also his younger sister, Nora
Lovelace, and the two little twin
children of his mother, the latter
perhaps not over three years old.
Across a table and nearer the
judges desk sat the father Of the
murdered man, VIM. Glass, and
outside of a whispered word now
and then with the government at
torneys be remained silent.
The defense pleaded that strong
est OF all defenses, an alibi, which
was set up in a way that bespoke
the hand Of the skilled attorney.
The alibi was supported by an al
most unbroken chain of evidence
that at times seemed impregnable
and in a measure baffled the skill
and resources Of the opposition.
The taking of testimony occu-
pied two whole days and a half,
including one night session, and
the argument before the jury con-
tinued eight hours, four hours TO
the side. The prosecution was led
by 1T. Flannelly, of Chetopa, in
speech Of one hour in which was
presented the testimony, briefly
and logically, and was perhaps, all
things considered, the best speech
made. Attorney J. ID. Cox fol.
lowed in lengthy argument for
the defense and held the attention
Of the jury from the beginning.
Mr.. Cox was followed by Preston
S. Davis who made a two hours
address for the prosecution that
was considered fine speech and
won for the rising young Vinita
lawyer much praise. w. NJ. Mel
iette then closed for the defense.
Mr.. Mellette is a ear-headed log
ical fellow who has not neglected
his abundant opportunities in
number Of years active and sue
cesslul practice in the great crimi-
nal court at Fort Smith, Arkansas.
His argument showed his famil
iarity with and his ability TO ham
die a great murder case in any
court in the world. United States
Attorney Clifford L. Jackson closed
the argument Saturday at 2:30 and
the case was given to the jury aud
verdict Of guilty without capi-
tai punishment" was brought in
about 8 o'clock at night. Thus
ends the first murder trial in the
Northern district.
JUDGE sPRIEGER's CHARGE
Gentlemen Of the jury: The de.
fendant in this case, Milburn Love.
lace, who also goes by the name OF
Milburn Dickyson, stands indicted
for the crime Of murder. This
crime is alleged in the indictment
to have been committed at the
railway station or town known as
Welch, in the northern district OF
the Indian Territory. and within
the jurisdiction Of this court, on
the night Of December Both, 1896
DEFINITION OF MURDER.
Murder is the unlawful killing
Of a human being in the peace OF
the people with malice afore-
thought. either expressed or im-
piled. Expressed malice is that
deliberate intention of mind un-
lawfully to take away the life Of a
human being, which is manifested
by external circumstance capable
Of proof. Malice will be implied
where no considerable proyocation
appears, or when all the circum-
stances Of the killing manifest an
abandoned and wicked disposition.
When il is shown that the killing
was done with a deadly weapon
and no circumstances Of mitigation,
stiication or excuse appear, the
law implies malice. II the killing
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