Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1899-07-15
His Execution Brings About Com
plications in the Indian
Territory.
JUDGES ARE AT VARIANCE
Indian Laws and Executions are
Said to Have No
Legality.

TULsE. l. T., July l5-The execu'
tion of William Going, a Choctaw In
dian, in defiance of writ OF habeas
corpus issued by United States Judge
Fhemas will be made direct cause for
bringing those implicated TO trial for
murder. Judge Thomas in an inter
view. stated he would see that the law
in respect TO disobcying an order of the
United States government is fully in
vestigated and all the guilty ones
brought TO justice.
The open violation of Judge Thomas
order, it is predicted, marks the begin
ming Of an end to the conflicting laws
of the Indian Territory. AS a matter
of fact all the tribal laws of the terri
tory are of no effect, yet all the tribes
cling TO their old Indian laws and con-
tinue to insist on government.
at South McAlester, United States
Judge Clayton is quoted as saying that
Judge Thomas had no jurisdiction in
the district in which The execution
took place.
William Going was shot Thursday at
the Alikchi court grounds, forty miles
northeast of Goodand, by Sheriff
Thomas Watson, in pursuance of an
order of execution issued by Judge
James eff the Choctaw court.
The friends OF Gong put forth extra
ordinary efforts to save the doomed
man. Early Thursday morning a
deputy marshal and two citizens from
Anti rs rode into Allkchi with what
people thought was writ of habeas
corpus. but which on presentation to
the sheriff proved TO be tho following
order:
TULSA, !. T., July Ito Thomas
Watson, Sheriff, Antlers, |. T.: You
are hereby commanded to have the
body of William Going, detained in
custody, together with the day and
cause Of his being taken, before me at
the courthouse in South McAlester on
the 22d day Of July, at the hour of
1880 in the forenoon, and then and
there state in writing the cause of his
Imprisonment, and not to fail under
the heavy penalty of the law against
those who disobey this writ
"Given under my hand this 18th day
of JulS JonN r. THOMAS,
Judge in and for the Indian Terri
tory"
This document was telegraphed from
Tulsa 10 Antlers. 1t bore the certiti-
rate of telegraph operator. After the
sheriff and district attorney conferred
they sent messenger to the home of
Judge James, asking him what should
be done.
His answer, received at noon, was
that. if the United States had evidence
to show that they had any law to take
Gong. the execution should be stayed.
There being none, in the opinion of
1he Indian officers the preparations for
the execution were continued. After
religious service in the jail, conducted
nv two Cboctaw Methodist preachers,
the condemned man was led out i'll
front of the court house, . small wooden
building. He sat on bed quilt, spread
on the ground. His hands were man
acled and handkerchief was bound
over his eyes. A file of twenty guards
stood in double row at each side of
him.
The sheriff opened Going's shirt, put
a black spot on the naked flesh, lev
eled Winchester across bench at a
distance Of eight feet, ard fired.
Going's elbows were held by two of
the guards and as the body fell back
they held his arms to the ground. Go
ing was not killed, and it was evident
that the shot miscarried. He groaned
and struggled but died soon after.
Going was about 80 years old
and married. lie was convicted of
Killing his uncle. The usual sem
Aence of shooting was passed by
the Choctow court Ills appeal to the
supreme court of the ChOctaW Nation
WAS not upheld and the date OF execn-
zion was again fixed. Then Going es--
capped and was at liberty several
months When he was recaptnred the
date was again fixed. but an appeal to
Judge Clayton Of the federal court
STAYED it.
Judge Clayton decided that he had
no jurisdiction, and Thursday was then
set for the execution. The execution
was witnessed by several hundred
persons.