The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-07-04
AT DEAD OF NIGHT
Jester Suddenly Taken From
the Jail at TecumSeh.
JENNINGS ORDERS ARREST
Of the Officers Who Took Him
AWay-ReWard Is Paid.

alleged murdered OF Gilbert Gates, Whose
efforts to prevent extradition to Missouri
from Shawnee. O. T, has attracted the
attention Of the world, will spend his
Fourth Of July in the county Jail Of
Audrian county, Missouri
He was kidnapped from the county Jail
at Tecumseh Sunday morning at O'Clock,
was rapidly driven in a covered convey
ance over the intervening distance Of six
miles to Shawnee, where a special train
was waiting, and the famous prisoner was
hustled aboard and whisked to Oklahoma
City, where a change was made to the
regular northbound passenger train on
the Santa Fe. Jester passed through
Wichita Sunday about 1880, the train be-
ing two hours late.
So closely was the identity of Jester
guarded that Of hundreds Of passengers
none was any wiser and only the guards,
the train crew and the Eagle representa-
tive, who boarded the train at Guthrie
knew that the aged. Misunderstanding
person sitting so quietly beside a closed
window was the notorious Jester.
Not until the train had crossed the
southern border of the state Of Kansas,
beyond the jurisdiction of Oklahoma, did
the officers feel relieved of an spprehen-
sion Of discovery and an inglorious return
to the county Jail at Tecumseh.
When the state line was crossed this
tension of anxiety was relaxed, but the
vigilance of the guard was turned to the
prisoner.
The plot to hdnap the prisoner was so
carefully laid, so skillmlly executed and
the secret so carefully guarded that not
until this morning. when it became neces-
sary to produce Jester in court at Te-
cumseh, did # become known that he was
no longer within the jurisdiction of Okla
homa. Then Judge Jennings of Tecumseh.
who had assumed Jurisdiction of the
habeas corpus hearing in the absence of
District Judge Burwell, ordered the arrest
of Sheriff Trousdale and County Attorney
Pitman of Pottowatomie county, for con-
tempt Of court. There is much indigna-
ton and excitement among TESTERS
friends and ugly rumors of the use of
money by the rich Gates of Chicago,
brother of the murdered boy.
The details OF the plot to kidnap the
prisoner first commenced to assume a
vague form when Probate Judge Jennings
assumed that he had Jurisdiction of the
eXtradition case'in the absence of the dis
trict judge and postponed the hearing of
the habeas corpus proceeding instituted
by testers attorney until July Sth. County
Attorney Pitman, who had been retained
by Gates TO look after the legal phase
of the intended extradition, succeeded in
securing a shortening of the delay by fill
Ing a motion to test the Jurisdiction Of the
probate judge, which motion was to have
been argued today. This, however Gid not
quiet the anxiety of Sheriff Nelson, the
Missouri officer who was apprehensive
that after all his trouble he would be
obliged to go home without the prisoner.
This nervousness on the part of the sheriff
IS no reflection on his bravery. He simply
had not been accustomed 10 seeing dozens
Of officers rugged up as walking arsenals,
with miniature gatling guns strapped to
their hip. which, coupled with remarks
such as "Jester would never be taken
AWAY" and 1.-THE officer would be sent
back to Missouri in a coffin" and the
further fact that the probate judge was
the father of Al. Jennings, who is now
serving a sentence for train robbery, did
not allay his anxiety.
His employer. Gates. had also been i'm
pressed with this outward show of hos
Sility. so much so that 1t is alleged when
he Quilted Tecumseh he took the pre-
caution Of having body guard, which he
retained until he was outside the terri
tory. Before leaving, however, the mill
ionaire manufacturer gave the sheriff
carte blanche in getting back to Missouri
& with the prisoner.
SAW JUDGE BURWELL.
Last Friday afternoon Sheriff Nelson
and County Attorney Pittman went to
Oklahoma City for the purpose of raising
the question Of jurisdiction before Dis
trict Judge Burwell. The attorney was
armed with numerous legal authorities
bearing on the case which he submitted
to Judge Burwell and the same evening
It is alleged that Judge Burwen informed
the sheriff and his attorney that the pro-
bate judge was without jurisdiction in the
habeas corpus proceeding. and it is fur
Their alleged that the judge suggested the
commencement Of a mandamus proceed
ing, with the promise of hearing within
twenty-four hours. But the sheriff and
his legal adviser did not elect 10 follow
this lawful method Of securing the pris-
oner for the reason. as subsequently ex-
planned by Sheriff Nelson. that he did not
want TO incur the opposition and hos
tility of the Pottowatome county sheriff.
They did talk the matter over with
that officer. in a friendly way. and told
him Of the result OF the conference with
Judge BuTwell. and the courts opinion
that Jester was being illegally held. With
the assurance from County Attorney
Pittman that this statement was correct.
Sheriff Trousdale. the Pottowatomie coun-
ty officer agreed TO turn over the prisoner.
but TO head off possible attempt At res
cue. and further legal complications. 1t
was concluded Il wait until night to ac-
cOmplish the delivery. For the officers and
attorney TO be seen in company in Tecum-
sch would be TO invite suspicion. 50 Sat
urday afternoon the party went 10 Shaw
nee. whore they remained until midnight.
Sheriff Nelson in the meantime arrans-
Ing for a special engine and coach to con-
vey his party TO Oklahoma City in time
TO connect with the Santa Fe.
II was about midnight when the party
left Shawnee on the return trip to Tecum
sch. What conversation there was. was
carried on in whispers. and at ! O'Clock.
amid a deep silence, broken only by the
occasional bark OF some watchdog. the
conveyance drove up before the door of
the Jail and halted Sheriff TrouSdale
alighted and witha few steps had reached
the door Of the Jail There was sup
pressed rattle Of keys. the smothered
crunch Of bolts being carefully drawn and
kS;i;S' Els