Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-10-27
JUDGE THOMAS COURT.
A Sunday Murder Verdict.

A Sunday Murder verdict.
The lawyers and most OF the
court attaches stayed up until one
o'clock Sunday morning, waiting
for the jury in the Nolan murder
case. Then, it being reported that
they stood nine to three and had
for some time, most everybody |
went to bed. Sunday morning at
eleven O'Clock an agreement was
reported. The jury and the ac-
cused were brought into the court
room, and Judge Thomas was al
ready there. Mr.. Davenport, of
council for the defense, took occa-
sion during d delay in the pro-
ceedings to cheer up his client by
assuring him that conviction OF
murder was hardly within the
range of possibilities. A verdict
of manslaughter, however, might
have been found, but he thought
not. Search was made for Clerk
Anderson, the presence of such an
officer being necessary in receiving
a verdict. As Mr.. Anderson was
hard to find some one went after
Court Stenographer Dickey, the
act of congress making the holder
of that position ex-officio deputy
clerk of every district in the In
dian Territory. Mr.. Anderson
came in before Mr.. Dickey. Court
at once convened with brief form
ality, the half dozen lawyers and
a score of spectators arising as
Judge Thomas entered the court
room from his private cham
ber in the rear, where he had been
closeted with Judge Springer, and
who accompanied him to the
bench. The roll of the jury was
then called, baliff counting one,
two, three, etc., as each name was
pronounced, to be assured that the
panel was full-that all twelve
men were present. In answer to
the judges question as to whether
a verdict had been reached the
foreman signified that such was
case and handed the document,
F 1.-TWO or more of which had been
previously prepared-in blank
by the courD to the clerk. That
official was directed to read the
verdict. A great many eyes were
turned to the prisoner, but If ne
had any concern in the matter, his
features never disclosed it. The
clerk read the verdict without
difficulty until he came to the fate
. full word and then hesitated and
scrutinized the document more
carefully. "We, the jury, find
the defendant guilty of involuntary
manslaughter," it read. Without
waiting for word from either at
torney the judge stated tnat such
!. verdict could not be received; that
there was no such crime defined In
the statute; that they must find
verdict of guilty, guilty with mer
cy, guilty of manslaughter, or fol
acquittal. The penalty for man
slaughter-not exceeding ten years
Imprisonment and thousand dol
f lars fine-was read to the jury anc
; they were again sent to their room
to resume their deliberations.
} The feeling of depression which
generally pervades the court room
, when murder verdict is being re-
: ceived was wanting. No one seem
| ed to feel that human beings
) life was In peril, even though NO
{ Ian had taken a fellow creatures
E life under circumstances which
A warranted the grand jury in find,
ing an indictment and the district
? attorney in making stubborn
| fight for conviction. A bailiff re-
! mained with the prisoner in the
, court room after the jury retired
t the second time, but no one
5 thought OF his trying to escape
The strain was over. The jail
: guards reported that Nolan slep'
little if any during The night, bu
: he could sleep now. His family
. was absent from the room at the
, time, but was not long kept in ig
r norance of the favorable turn
: events had taken.
As favorable however, as they