Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1899-10-05
UNITED STATES COURT.
Business of That Tribunal up
to Wednesday p. m.
MONDAY.

Smith, charging him with return
ing TO the Indian Territory after
having been elected by the inte-
rior department. A bench warrant
for Smith was issued.
The following named gentlemen
were sworn in and instructed as
grand jurors:
Wm. Johnston, foreman.
James S. Washburn.
/ Phil w. Samuels.
VI. T. Craner,
TavlOr Roberts.
r. w. Moore.
Thomas Delozier.
Joseph Hunt.
Bert Chandler.
John r. Mcintosh.
4. +. Donaldson.
L. W Burlington.
J. W Holmsiev.
Fair McSpadden.
s a. Bean.
( Frank Emerson.
H. Burnett was the first man to
face judgment tbs term. Owing
TO the TACT that Burnett was only a
clerk in W Buford's joint at Bar
tlesville. that he had already spent
p days in Jail, and mayhap be-
cause his honor was in a pleassr I
humor because of pleasant sur
roundings. the mans plea of gull
tv was accepted and case contin-
ued TO next term; bond taken of
himself and father in sum OF $500.
Case against Clay Title. Char
ley Parks and Tom Monaghan.
shooting q negro Zone Foreman), J.,
dismissed as 10 first two and coz
tinued as 10 Monaghan.
Henry Ball. one Of the two ne
groes who stole the grip from a
wagon III the rear of Martins har-
ness shop some months ago. was
put on trial Ball has been in Jail
and by the officials of that institu-
tion was known as "Alligator- !"
Bells partner in crime, Arth ur
Lee, died in Jail.
TUESDAY.
Motion hour" this morning
was of rather brief duration and
not of especial interest. A report
Of y. \. Gibson, master in chan
cery was filed, its acceptance di-
vorcing Mrs. McGee from her
husband and according possession
of their child, on ground of de-
seriion.
Several motions were filed, most
OF them lacking genera interest,
and then Col. Tom Marcum erter-
ed again upon the dlfiiclit task OF
trying to release from t he imputa-
ton OF dishonesty alligator"
Bell, who the govern ment was
suing for stealing the grip. The
colonel, atiable and pol ite as ever,
bad struck another Jonah case
and has client vas adjudged guilty.
The case Of F. NJ. Sm ith. wheth-
er civil or criminal to be deter
mined, whose offense wa returning
To this territory after having been
eJected by the interior department
ollciclais, was taken up at the
conclusion ofthe b I'll larceny case.
The court room was crow ded with
a concourse Of deeply interested
listeners. Coms el for the defend
ant filed motto n asking the court J
to quash the writ Of arrest on the
ground that h he ofense charged !
did not lay him liable to a crim- |
inal prosecution. The point in
the argument Of the defendants
counsel was this: The proceeding
should oe civil, sncJ not criminal.
The constitution provides that
criminal cases must be prosecuted
in the district Where the offense is
committed. But the law prescrib-
ing penalty for re.ul ming to the
Indian country after tlle offender
has been elected, also provides
that the prooee edings for the recov-
77y OF the penalty may be main
tanned in any jurisdiction where
-he offender mag BE- found. This
Of action, however, Is
applicable only to civil cases,
lence the case at br.r must be, and
should have been, q proceeding as
n a civil action.
Ia concluding his .gumenJ %.