Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-04-14

i question of fact, butyou would not bt
warranted in drawing the inference
that she herself did anything in
the conspiracy looking toward the
execution of the crime. She may
know all about it, she may have
employed the other parties to com.
nit it, or induced them to do So
she may have done all that, anC
yet, if there is no evidence at all
tending to show that she herself
sought to promote the murder by
committing the act, or doing some,
thing to promote the commission
of the act after she had melted it,
she could not be found guilty of the
crime, especially as the court views
it, when there is no testimony
from which the inference could be
drawn that she LETT the house where
it is testified TO by her and others
that she stayed the night it is al.
legged Kettenring was killed, or did
any act in connection with the ac-
tual killing of her husband. In
the absence of such action upon
her part there could not possibly
be any conviction.
sit is absurd to say, under the
law as | read it, and as the courts
have expounded it, that a party
can be convicted of the commission
of a crime itself unless he does
something towards the commission
of 1t. | may employ John Smith
to commit a crime, and then | 60
to New York and while / am away
he commits the crime, while | am
clear out of the country, and under
! the law as | have indicated | could
not be convicted, yet if you could
convict this defendant, Mrs. Ketten-
ri ug. on this proof, you could con-
vilt me for the crime committed
by John Smith.
Now, the court does not mean
to say, in this case, that there is
any evidence here that would JUS
tify you in finding her guilty even
if she was charged as an accessory
before the fact. 1t is not neces-
sary for me TO say that. | am not
called upon to pass upon that
question. l am simply called up
on to say to you that she is not on
trial for that, and whatever may
be the inculpatory facts, in your
judgment, in reference to this
charge, they do not make out
case Of murder on her part.
Having said this much in refer
ence to the defendant Mary A.
Kettenrins, there is less to be said
in reference to the defendant Rich
ard Calhoun, because there is no
contention, so far as he is concern
ed, that he has made any confess
sion, so far as testified 10 by any,
body. In other words there is
not a particle of proof to show that
he has ever confessed anything.
The only proof that sands against
him is that he was present on one
occasion, as testified to by one wit
ness-Dr. DeWitt-when Wash
ington appealed to Mrs. Ketten-
ring to stand by them, and, as
testified to by Dewitt, she re-
sponded, Il will do so; don't you
confess anything That is the
only evidence inculpatory in its
nature as affecting Calhoun. And,
in addition to that, | think the
proof is overwhelming in this case
that. this cOlored man (Cal.
houn) was not away from the house
on the night of the killing. Then.
under these facts and circum-
stances, it would be impossible to
sustain a verdict against him. The
law would be inhuman if it per- !
mitted any man to be convicted of
a crime of this character and eth
er hanged or imprisoned for life
upon testimony which does not !
point absolutely to his doing some
act in the progress of the conspira-
cy-if conspiracy was charged
promotive of the execution of the
crime, the carrying out of the
crime.
$50 gentlemen, | do not think it
is possible that a verdict could be
sustained under any condition that
you may present this case at all.
and therefore, If you agree with
me, you will be permitted to sign a
verdict acquitting these parties,
without leaving the box. If you
differ from me, and want 10 discuss
it, the court will permit you to do
so, and in that event you will be
permitted to retire. You may
consult among yourselves now
and ascertain what you wish to
do"
A juror then remarked, 81 am
satisfied. l am ready to sign it
right now" The rest of the jury
concurred, and accordingly YER
dict OF not guilty was returned
from the box.
To say that the defendants were
rendered happy by the courts in
structions is unnecessary. Many
of Mrs. Kettenring's friends were
present, and most of them crowded
around her and rendered congratu-
lations. Col. Cravens, senior
counsel for the defense, was also
the recipient Of many congratula-
tory greetings. Dick Calhoun was
very little; he maintained
the composure for which he has
been noted since the beginning of
the trial.
Wednesday morning the district
attorney entered a nolle prose-
luie in the case of George Wash
ington Frazier, indicted for the
Ill Al Iv-.I- |