Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1899-10-12
UNITED STATES COURT.
Disagreement in Smith Case
Martin Trial.
Thursday.

AlACl luO Cdll VI lllO OOChcb anu
entering judgment by default in a
number of cases the trial of F. NJ
Smith was resumed. at the con-
clusion of the evidence counsel for
the defendant asked that the jury
be excluded and made an exhaus-
tive argument endeavoring to show
under three separate propositions
that defendant was entitled to a
peremtory verdict. First that the
section of the statutes under which
Smith was on trial provided no
penalty whatever. Second that
the law invoked did not apply as
conditions exist in the Indian Ter
ritory since 1890, and third that
the tribal laws have been entirely
abrogated, and could never apply
to voters in incorporated towns.
Mr.. Hutchings cited numerous
authorities TO sustain his different
propositions, and the argument
was considered an able one from
the defendants standpoint. He
finished at the adjournment for
the noon hour, and District Attor-
ney Soper began his reply imme-
diately upon the calling of court
after noon. At the conclusion of
the district attorneys argument
Judge Springer announced that in
justice to the gravity of the case
and the great number of auth critics
cited by counsel, that he would
not pass upon the motion to in
struct the jury to return a verdict
for the defendant until Friday
morning.
The testimony offered by the
prosecution was chiefly to show
that Smith had been elected from
the territory and that be had re-
turned. Inspector Wright, Capt.
J. w. Ellis, A. F. Chamberlin and
the telegraph operator who ham
died the wire correspondence be-
tween the inspector and the inte-
rior department were the only wit
nesses introduced.
In overruling a motion of coun-
sci for F. NJ. Smith Wednesday to
quash proceedings in the case on
trial, Judge Springer ruled in effect
that the Cherokee laws were net
abolished by the Curtis law but
were still in force and ef-
feet. While this view of the case
is not new, tits perhaps the first
time ajudge has so ruled from the
bench.
A number of persons charged |
with crime were brought into court |
and allowed TO enter pleas of gull
ty, received sentence and were
returned to Jail at Muskogee.
Friday.
After devoting a brief period to !
motions Judge Springer delivered |
an exhaustive opinion, overruling
motion in f. NJ. Smith case for
an instruction to jury to acquit.
Argument of course occupied an
hour and half, and at 8 p. M. the
case was given to the jury.
Call of the Docket.
Fuller Alberty, liquor; con-
tinued; same in two cases.
Tom Scales and Joe Grayson,
larceny; transferred to Muskogee.
Charles Mutchler, larceny; plea
OF guilty, fined $40.
Watt Thomas, larceny; on ac-
count of sickness admitted to bail
on personal recognizance.
John Seahorn, larceny; trans
ferred to Muskogee.
Charlie Bixler, false pretense;
plea of guilty, sentenced to pen
itentiary at Fort Leavenworth one
year and one day.
Harry Parks and Walter Larker,
liquor; Larker not arrested. Parks,
plea of guilty and admitted to bail
on his own recognizance until next
term.
Frank Schofeld and Annie Ter
rell, adultery; transferred to Mus
koges.
Bud Newman, larceny; trans
ferred to Muskogee.
VIM. Malone, larceny; plea of
guilty and sentenced to FIVE years
at Missouri state reform school for
boys at Boonville.
George Chambers, larceny: plea
of guilty and sentenced to peni-
tentiary at Fort Leavenworth five
years.
Robertson Hope, larceny; plea
of guilty and sentenced to impris-
onment at Missouri state reform
school at Boonville for five years.
Alfred King, larceny; plea of
guiltv and sentenced to BoonviIle