The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-03-18
LAST OF An EPOCH
Echo of Early Oklahoma Days
in Court at Guthrie.
ACCUSED OF "HARBORlNG"
And the Way Some Oklahoma
People Corrected Them.

Guthrie, O. T. March lit is only
through the appearance of a case in the
grip of the laws delay that Oklahoma
realizes how far she has removed from
the epoch of outlawry which followed the
opening of the original Oklahoma. In
those days people were frequently arrest
ed for "harboring'' outlaws, a word seen
no more at all in Oklahoma papers.
The last case in which it appears has
been disposed Of. This was in Judge
Burford's decision Friday morning in the
indictment brought here from Kingfisher
county. The case was disposed of upon
purely legal proposition. But aside
from the decision the case is interesting
in that it shows that the existence of out
lawry in Oklahoma incensed the inkabi-
tants of the territory to a point that they
were ready to take the correction in their
own hands. The facts in the case dis
posed of this week are about as follows:
During the halcyon days Of Zip Wyatt,
Bill DoOlan. Bill Raider and like gangs
of outlaws in Oklahoma the citizens in
the western part of Kinggfisher county
came to believe on what they thought was
good evidence that two families Of the
neighborhood by the names of Brown and
Haines were harboring these gangs, and
on the night of the 3rd of August, 1895,
about thirty-five persons went To the
hcmes Of these people, and after ordering
them to get up and leave their houses,
they set fire to the houses and they were
burned to the ground. Since that time
the grand juries have returned five or six
different indictments against about thirty
persons living in that vicinity The United
States was represented by United States
Attorney Brooks and Tom McMeachom,
when the indictments were found. and fol-
lowed up by their successors, Overstreet.
Scothorn, and finally Horace Speed. The
charge in the indictments were based
upon section 550S of the United States
statutes, which provides that IF two or
more persons conspire together to prevent
any citizen of the United States from
exercising any right guaranteed to him
under the constitution or laws of the
United States. they shall be guilty of a
felony and punished by Imprisonment in
y
years" The indictment charged that
Haines and Brown had declared their in
tention to become citizens of the United
States and had taken homesteads, and
that these defendants had conspired to-
gether to prevent them exercising the
right to complete their title, and that
they were thereby prevented from exer-
cising right guaranteed to them by the
constitution and laws of the United States.
All the indictments except one were dis
posed of in Kingfisher county district
court The last one was brought to this
county on change Of venue upon the ap-
pication Of the government. Judge Bur
ford held that change Of venue could be
taken by the territory of government
under the organic act and laws of Okla
homa.
Roberts and Noffsinger raised the ques-
ton that the law was for the protection
of citizens only and was not applicable to
aliens or persons who had merely declar-
ed their intention to become citizens Of
the United States. After argument by
consent the judge adjourned court from
noon until the next morning TO consider
the point raised by the attorneys for the
defendants. After considering the matter
Burford held with the defendants and de-
cided that section sos Of the United States
statutes was only for the protection Of
citizens and dismissed the case This was
one of the largest and most important
cases ever before the courts of Oklahoma.
and Messrs Roberts and Noffsinger are
warmly complimented for the great fight
they made and the victory they won.