davidaulloa/AmericanStories huggingface dataset:
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29
me COURTS csiAk0E.
(oontinusd from first page.)


said second shot throws any light
upon said motive, and Ii il does not
throw any light upon the motive with
which the first shot was fred and IL
il did not aid or hasten the death OF
deceased, then you can not consider
said second shot for any purpose.
Every man is presumed to intend
the natural and probable conse-
uuences of his own act, and when
one person assaults anc shoots an
other with a dangerous and deadly
weapon, not as result of provoca-
ton sufficient to excite the irresist-
ible passion of a reasonable man, and
not in necessary or apparently nec-
essary self-defense, the law presumes
such assault and shooting to be ma
licious, and if a person 80 assaulted
and shot dies within year and day
from the date of such assault, as the
result of such assault and shooting,
such killing is murder.
1t is the duty of person threat
ened with danger to use all reason
able means apparent to reasonable
person under the circumstances to
avoid such danger before taking hu-
man life.
If the killing of James Williams is
satisfactorily shown beyond reason
able doubt to have been the act of
the defendant, then the law pro-
nounces it murder, unless it appears
by the evidence for the government
or for the defendant, or both taken
together, that circumstances existed
excusing or justifyiug the act, or nit
igating 1t SO as to make 1t man
slaughter only.
If the defendant killed James Will
liams by shooting him with pistol,
at and within the southern district of
the Indian Territory, at any time
prior to the finding of the indict-
ment herein, under circumstances
showing no considerable provocation,
and not in his necessary or appar-
emily necessary self-defense, but
under circumstances showing an
abandoned and malignant heart on
the part of the defendant, the law
pronounces such killing murder.
A defendant may introduce evidence
tending to prove his good character
prior to the time of the commission
of the alleged offense. Such evil
dence is competent and should be
considered by you in connection
with all the other evidence in the
case.
If, upon consideration of all the
facts and circumstances in the case
tending to prove the defendants
guilt or innocence of the offense
charged, you are uncertain or in
doubt, then such evidence of the
good character of the defendant
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

ed, or doing him ersse.bodfly- hasn
and did shoot and kin the deceased,
the killing would be murder. no
matter to what extremity the defend
ant may have been reduced In the
combat.
Gentlemen OF the Jury, your yer-
diet must be based upon the law and
the evidence, and not upon suspi-
cion, presumption or prejudice. You
should in reaching your verdict act
without fear, favor or affection. Your
whole duty will be done when you
have settled the question of fact. The
law as it has been given to you by the
court must be your guide as to the
law, but you alone must decide the
question of fact, as to whether the
defendant, first, is or is not guilty OF
the crime of murder as charged in
the indictment; second, as to wheth-
er he is or is not guilty of man
slaughter.
If there is a reasonable doubt in
your minds, after consideration of
all the testimony, as to whether he is
guilty of either of these offenses,
then you should resolve that doubt
in favor of the defendant and acquit
him. But If you are satisfied of his
guilt of either murder or manslaugh-
ter beyond a reasonable doubt as
charged in the indictment, then You
should so find by your verdict, that
he is guilty of either murder or man.
slaughter, according to the facts, and
the law as heretofore given, and of
that offense of which you have no
reasonable doubt.
Should you find the defendant
guilty of murder, you may return a
verdict, guilty of murder, without
capital punishment"
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Alfred. walters' place Of business
in the east part Of town was the
scene of q shooting affray last
night which win propably end
fatally to one combatant.
Drew Orphan and Otis Fennoil,
two negroes. neither of whom seem
to be very well known here, had
some trouble over a hat trade.
When they entered the joint they
were quarreling and but few words
passed when Otis drew a 45-calibre
pistol and fired four timeslat Drew.
the first shot taking effect. the 9TH
ers missing their mark. The
wounded man was at once remov-
ed to his home in the south part of
town and medical aid was sum-
moned. DR.. Bogie, the attending
physician, stated this morning that
the negro was shot in the left side,
the ball taking effect about the
eighth rib and lodging in the body.
The lower extremities are paralyz-
ed and it is not believed that he
will recover.
Policeman Nolen appeared at
once on the scene of the shooting,
made the arrest of Fennoil and
turned him over to the United
States authorities.
A pistol was found upon the
person of the wounded man, but
he made no attempt to use it.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

should be considered by you as {
circumstances tspding to prove that
he would not be likely to commit
such offenss. But II you believe be-
yond q reasonable doubt after giving
due consideration to all OF the evil
dence in this case, including that OF
the character OF the defendant, that
the defendant 10 guilty of the crime
charged against him in the indict-
ment. it will be your duty to .find the
defendant guilty.
The jury are instructed that justifi-
able homicide is the killing of hu-
man being in self defense or in the
defense of habitation, property or
person, against one who manifestly
intends or Iendeavors by violence or
surprise to commit @ felony on either.
A bare fear of any of these offenses
is not sufficient to justify the killing.
1t must appear that the circum-
stances, viewed from the defendant's g
standpoint, as they then reasonably
appeared to him, were sufficient to
excite the fears of reasonable man
and that the defendant acted upon
these reasonable appearances of dan
ger.
The Jury are also instructed that
in order to justify homicide upon the
ground of self defense, it is not nec-
essary that the defendant should
have been in actual danger of losing
his life or of receiving serious bodily
injury at the hands of the deceased
at the time of the homicide. but it is
sufficient to justify the killing, if the
jury finds beyond a reasonable
doubt that the defendant did kill the
deceased, if the acts Or words coup
led with the acts of the deceased, !,
viewed from the defendants stand
point, as they then reasonably ap-
peared to him, were such as to reas-
onably cause the defendant to appre.
hend that he was>in apparent danger
of losing his life or of having serious
bodily injuries inflicted upon him by
the deceased, he would be justified
in taking the life of deceased, and if
you so find you will acquit the de-
fendant, unless the jury further find
from the evidence beyond a reasona-
BILE doubt that the defendant volunta-
rily engaged in a mortal combat with
the deceased, armed with deadly
weapon or that the defendant pro-
voked, or by his wrongful act,
brought on the difficulty under the
conditions herein after set forth.
If the jury find. from the evidence
beyond reasonable doubt that the
defendant, armed with a deadly
weapon, voluntarily engaged in a
mortal combat with the deceased,
knowing that it would or might re-
suit in death or serious bodily injury
to himself or the deceased, or that
the defendant provoked the combat
or produced the occasion in order to
have pretext for killing the deceas-
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Thomas A. Edison, Jr., has in
vented a long-distance telephone
that he says will enable him to talk
to people in Europe as easily as he
can to those in any other part of
New York. He uses transmitter
LOCO times as sensitive as those to
be found in ordinary telephone in
Struments.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Attributes Of Christ" is the
topic for discussion at the Young
Peoples Union at the First Bap-
tist church Thursday night. An
interesting meeting is expected and
all the other religious societies are
extended a special invitation to
come to this service.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

A Florida man has just succeed
ed in Matching an ostrich egg in an
incubator. This is the first suc-
cessful effort of the kind in this
country, though it has often been
tried in California. 1t took forty
one days for the bird to come
through. Now let the Florida man
try billiard balls.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29
Rooms TO Rent.

Two furnished rooms for light
housekeeping; also one nicely fur
nished room. Board if desired
Excellent location. Apply ARD.
MOREITE office. 17tf
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Mrs. j. y. Taylor on 81
Hill has for sale a few .r,;;.
Battenburg and point laes &,
for Christmas presents, II
center pieces. pin cushion, !,
kerchiefs, etc.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29
Bread Tickets.

All those wishing bread tickets
from my wagons on credit must
first call at my store and make ar
rangements for same. as the driv-
ers are not authorized to sell on
credit. 30tf ]. H. SPIEGLE.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Anything in the gun line that
you wish can be found at Noble
Bros. Also loaded shells for any
kind of game. 1-tf
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

j. w. Dyer will pay So 80 ton
for all scrap iron and castings (exi
cept old stoves) delivered by the
Goth of December. Noble Bros.
headquarters. 29-19t.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Thanksgiving! 0, Thapl
ing, thou hast come at lat
brought with thee the sess,'
fat turkeys. Leave your =
with w. Newman, the ehick.
turkey man, at any time FOR 3
ed turkey at 10 cents per pou,i
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Leave 90 cents at the ARDMoRE-
ITE office and have the S-page dali
ly sent to your house q month, be-
gining Monday.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

DR.. Mullins of Fort Worth,
specialist in diseases of eye, ear,
nose and throat, will be at the
Wilmington hotel until Dec. "a.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Commencing Oct. p. -. !.
will run through vestibuI.s J.
and ..f. chair cars to San Anss.s {
via Milano and the |. e.N
trains leaving Ardmore :, ....
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

j. B. Spraglns & Co. have the
finest line of cook and heating
stoves in the city. Call and get
one cheap. "a d&wtf.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Bivens & Williams b,r.
inc bargain to offer yop
light, true shooting tarpst 4
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Having determines !.

Having determined !. s,
the Ladies' department +
and increase Gents
goods stock we wish f.
everything in the ladis.'
be sold ont at cost.
We have a nice line /,
goods, ready made -,
corsets and many osL.'
which'we will be pl.as,d {.
you. We invite You !.
on'e Dam 3
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Stearn's paint will outlast any
lead and oil job, because it con-
tains zinc. 15-1m
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29
IhankSQiYInQ.

Oysters, so cents per dozen.
Oysters, 10 cents per dozen.
Oysters, IA cents per dozen.
28-2t T. B. JOHNSON g. Co.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Remember that you can get
your fruit cakes at living prices
from the old reliable Cream
Bakery. GEO. FRAsHER.
29tf
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29


Henry Young. q colored youth.
was arraigned before Judge Brad
ford this morning on the charge Of
larceny. He is charged with the
theft, on August 8. of horse be-
longing to Thos. Randolph, living
four miles from Berwyn. Young
was arrested one month ago today
at Goodland, committed by Judge
Clayton, and brought here on a
writ of removal from that district.
In default of $40O bond he was
committed to the United States
Jail.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29
For Sale

Secondhand buggies sDa
for sale or will trade for con !
T. B. Ca,z1|
AT City Livery Stable ~
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Stearn's paint is sold by the
Laidlow Lumber Co. 15-1m
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Stearn's paint is put y
shades to suit the most f,ssx.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Fine weather, for ducL.,
and Noble Bros have 4.
for OF duck hunting. Shot =,
rifles. Loaded shells
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

There will be a full rehearsal of
the Big Ardmore Minstrel Jubilee
at 7:30 O'Clock Friday night at the
opera house.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

Fresh car lime at Chickasaw
Lumber Co. 1926
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

The most stubborn cases of Bron-
chitis succumb to Ballard's bore
hound Syrup. Price 25 and so cents
City Drug Store, w. B. Frame.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29

We have the exclusive sale of
the noted White Star Mocha
and Java Coffee. They have
no equal. 5d1m JAKE.
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-04-10
A VElLED THREAT
National Ziefung Hints That kaufz
ASSaiIed fIOEOr of German Flag

Berlin, April 9-The National lei
tung discussing the situation at Samoa,
declares that all changes which have
occurred there since the middle of
March are invalid and that the condi-
tions established by the joint procla-
nation of the consuls on January
are still legally in force.
While admitting the amical attitude
cf the American government, the Ma
tional Zeitung says: ct must remain
undecided for the present whether Adj
miral Kautz has assailed the honor Of
the German flag. If this should prove
to have been the case we have the full
est confidence in the ability of the gov
ernment not only to keep the actual
solution Of the Samoan question in
view, but also to secure adequate sat
isfaction for the moral interests of the
German empire
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-04-10
DUpUY'S EVIDENCE PRINTED
The Figaro Continues lis Revcga ions
of the Dreyfus Case.

Paris, April 9-The Figaro an
nounces that. as Prime Minister
Dupuy has resolved to prosecute it for
Publishing the evidence given by
Lieutenant Colonel du Patty de Clam
before the court OF cessation, it has
decided not to adhere to the chrono-
logical order OF the depositions made
before the court, but to publish NJ.
Dupuy's own evidence This it does,
but the testimony contains nothing
sensational
M. Dupuy described an interview had
by himself and President Caslmir-
PeIler with Captain Lebrun Renaud in
reference to the latter's communica-
tions to certain newspapers, but the
questions of Drsyfus' alleged confess
sion was not mentioned. M. Dupuy
added that he had heard Indirectly of
the existence CG the secret dossier es-
tablishing the guilt of Dreyfus, but he
did not have personal cognizance of it
until the curt of cessation recently de-
manded its production He admits
tnat ne h2d declared IN 4 conversation
with Messrs. POincare and Lanessan
that he had some suspicion as ito
whether we were not the victims of
mysEGcation in 1894"
The Figaro then prints The testimony
given by ex-Minisser of War Cavaig-
nae. His evidence. which Was lengthy,
was mainly a review of the bordereau.
and was designed to convince the
court that it could not have been writ
ten 10y Esterhazy. If Esserhazy had
inscribed it it was impossible that he
could have supplied the information I'll
coatain5d. NJ Cavaign2c contsnded
that Colonel Henry's forgery did not
affect the ether questions. He said
that his evidence proved that the bor-
dereau could not have bean forged.
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-04-10
WATSON'S pREDICAMENT
School Director Accused of Sending
Obscene letters.

Springfield, Mo, April 9.-The case
OF J. F. Watson VIII come up in the
United States court probably tomor-
row. Watson is charged with having
sent an obscene letter through the
mails to Miss Sue Looney, a school
teacher. In many respects the case IS
a mystery and rivals the Mrs. McVean
incident cf ST. Louis.
Watson was a school director re
siding near Pierce City, and Miss
Looney was the teacher In his dis
trict. a brother-in-law of Watson re
ceivsd an anonymous letter which re-
fected upon the character Of Miss
Looney, and asking that the brother
in-law use his influence with Watson
to have her dismissed. Soon after
other letters were sent direct to Miss
Locney, and the annoyance was kept
up until the teacher could stand it 10
longer. Then she infomed the post
Office inspectors, who, after q thorough
Investigation, became convinced that
Watson was the writer of the letters
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-04-10
AT his OLD TACTICS
General LaWEOn'S Plan for
Fighting FiIipinoS.
H:s Expedition of Fifteen Hundred
Men Started Saturday Night-TO
Follow indian Style. of CampdigG-
ing-round The Gap fhigd.

Manila. April 9-The expedition
Of 1900 men under Majo1-Gen
eral Henry w. Lawton which start
ed last night with the intention Of
crossing Laguna de Bay. capturing the
town Of Santa Cruz on the eastern
shore of the lake and then sweeping
the country to the south, consists Of
200 picked sharpshooters chosen from
the various regiments, Hawtho-ne's
mountain battery from Otis head
quarters, three troops. of the Fourth
cavalry, unmounted, Tappan's batta!-
len OF the First Idaho infantry, and
FRAMES battalion of the First North
Dakota infantry under General King
The foti1la of twenty canoes, towed
by tugs and conveyed by the gunboats
Laguna de Bay, Oesta and Rapidan.
and preceded by the launch containing
General Lawton and General King.
started from San Pedro Macati, on the
River Pasig, moving north toward the
lake just as evening was setting in
1t was truly picturesque scene. The
men were all in high spirits and car
ried rations for ten days, with the
lightest marching equipment.
General Lawtons plan was to reach
Santa C.uz this morning at daybreak,
to capture or destroy any rebel gun
boats or shipping, or take the town
and then to sccur the country to the
south Of the lake, at a distance not yet
explored by Americans. The tactics
will be those CT old time frontier fight
ing and it is probable that the com
mand will be divided into squads of
twelve under non-commissicned Off
GERS. In General Lawton's absence
the second division is temporarily com
manded by General Overshine, whose
lines extend from the beach near Ma
late, south Of Manila, to the shore of
Laguna &c Bay, beyond Pasig, a dis
tance Cf about seven miles.
The withdrawal of the eighteen
companies constituting the exUedi-
tionary force made a gap in the line
from the beach to Culiculi. just south
west of San Pedro Macati, which was
filled by the Fourth reg
Clar infantry. The rebels on the ex-
treme .ight had evidently been in
formed OF the withdrawal of the troops
and they attempted to sneak through
after nightfall, but were met with
warm reception and fell back in disor-
der on discovering that the line was
still intact
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-04-10
KILLED HIS KEEPER.
Elephant "Rajah" Adds One More 10
His List OF Victims

Kansas City, Mo, April 8. 9.-''Rajah -
a mammoth elephant owned by Lemon
Bros Circus company, which has been
wintering in Argentine, Kansas, near
here, today killed it's keeper, Frank
Fisher. Fisher had returned TO the
tent intoxicated and tried to make the
different animals perform. Coming to
the elephant he ordered it to open its
mouth. Becoming enraged Rajah
crushed Fishers arm and throwing
him to the ground made repeated eff
Forts 20 pierce the PROSTATE trainers
body With his tusl1s Unable to reach
Inn, Rajah finally knelt upon Fisher,
crushing his life out before assistance
could arrive. Fisher was % years old
and his home was in Montreal, Canada.
He IS said to be RajaAs ninth victim.
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-04-10
CUT orr OCEAN LINERS
England WiihdreWs SubV< niIOns f. ON
the Cunard and White Star Boats.

London, April 9-The government s
Withdrawal of subventions from the
mercantile and armed cruisers Of the
Cunard and White Star lines has
aroused interest far beyond Liverpool.
The withdrawal will involve a heavy
loss, especially to the White Star COM
pany, whose Oceanic was built in com
pliance with the admiralty require
ments. Now there will be no return
for the additional outlay in construct
ing the ship to serve as a cruiser The
Mhite Star company's Chairman, Is
may who was the chief promoter of
the .dea of equipping crack liners SO
as to make them available as COM
merCe protectors and scouts. Russia
and Germany are both fast increasing
their number of swift merchantmen
suitable as cruisers, some of them that
10 cruiser afioat could oveItake. The
number CT fast liners in England has
been stationary for years. They VIII
not pay without the speed subvention
such as Germany and Russia grant.
It is understood that the admiralty
view IS TINS: Great Bfll2ln IS Idpluly
selling off her sailing tonnage and re
placing it fDy steamships. One effect is
to still more confne ocean traffic to
well known routes. In the event Of
hostilitiss these routes could be fur
tEer simpiifed. So the problem ct
commercial defence is mainly con
cerred in the protection OF the great
trade routes. This could partly be
done by sQuadrons on convoy duty and
partly by means Of flying sQuadrons
operating from bases wherewith trade
routes touch"
The Cunard lines manager believes
that, though the subventions will be
reduced, they will not be entirely with
drawn.
Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-04-10
Kites rs SIGNALS
Experiments at Porto CO for the
Signal Service.

New York, April 9.-Sergeant Frank
N. Lawton, United States volunteer
signal corps. has just returned from
Porto Rico, where he has eNperimented
with Eddy's kite apparatus by order
OF General GTseley, who sent the kites
to be used for Signalling and for pho
tOgraphing the enemy's fOrtificatiOns
from midair The kites were flown in
Gauyamo by details OF regulars under
Sergeant Lawton. Probably the first
answering flag signals in the world be-
tween several kite signal stations were
read almost daily at different stations.
invisible to each other, ewing to high
ground, but each station could see the
flag signals Of the others against the
sky. Sergeant LawtOn devised a clever
system by which flags were sent up
within Cew feet of one kite, thus
quickly exchanging messages between
GUayano, Nero Castle and San Cristo-
bal fortress in San Juan.
First q combination O. flags was sent
up close under one kite, he wind hold
ing 1t aloft until answered from the
next kite station. Meantime another
group Of signal flags was attached to
another kite, which was sent up as the
first kite came down. Messages Of 20
words were promptly exchanged in
this way. For longer messages. a
heavy pull was caused by sending up
several kites tandem. The flags were
then hoisced perpenrculaTly to
high point on the kite cable, precisely
as flags are hoisted to the top of
A3gs5aff. Sergeant Law5on also in
st1ucted and drilled the regulars in the
best method of operating the midalr
kite cameras. The peace protocol was
signed the day after he landed at
Ponce with IS kites, cameras and reel
and he was not allowed to take aerial
photographs of the Spanish intrencn-
ment5. such an act being considered a
breach of faith. The regulars have
holsted she cameras repeatedly but
no photographs can be taken without
permission.