The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-09-30

/ And the court further finds that On the
18th day of September, 1900, he received. a
| telegram signed c. F. Irwin, dated at FL
| the following words: Have collect
jury at Cerdell." An that said telegram
was received by the Hon. Jno. l. Nc
Aztec in the city of New York, and that Il
was understood by him, the said Hoe.
Jno. L. McAtee. to mean that the said
Hon. c. F. Irwin wished and directed
him to have a jury collected at Cordell.
and the said McAtee, judge, supposing
| that the said Irwin, judge, meant that
| that was the proper place to have the
| jury collected, and that that was the
] order of the supreme court. and the said
| McAtee, judge, having never seen the Or
| der actually passed by the supreme court
| did then make an order, and sept it TO
! the clerk OF the district court of the
Second judicial district, directing the
drawing of juFies at the city of CerGell,
in pursuance Of said direction and re-
quest Of the said Hon. C. F. Irwin. But
that the said order was never served or
complied with, and is now in the pos
session of the said Hon. c. F. Irwin.
And now the court further finds that
while he is here holding court at the
time and place designated by the su-
preme court of the Territory OF Oklaho-
ma, and that the term has not lapsed,
but is regularly and legally open, that
yet the said Hon. c. F. Irwin, having
disregarded the order of the supreme
court to open and hold the September
court in Dewey county, mas returned into
Washita county, and has undertaken to
proclaim the opening of a court at the
city of Cordell; and is threatening vio-
lence arrest and incarceration against
the said Hon. Jno. L. McAtee, If he at
tempts to hold court in Cloud Chief, and
that it is impossible for the said Hon
Jno. L. McAtee to determine to what
extent the Hon. c. F. Irwin would un-
dertake to have his said threats carried
out, and in that event an unseemly COL
lision would undoubtedly ensue between
the court now open and holden by the
said Jno L. McAtee at Cloud Chief. I'M
der the direction of the supreme court,
and the court proclaimed by the said
Hon. C. F. Irwin, and that such a COL
lision and conflict would tend to bring
the courts into contempt and derision
and ridicule, and to lessen their auth
GRITTY. and the public respect for the reg
ularly constituted authorities and per-
haps, to a degree of the law itself, and
that it is better on this account to avoid
such threatened violence, and that the
court should therefore be adjourned, and
it is therefore and thereupon ordered that
the court be and 1t is adjourned sire die.
JNO. L. MATTE, Judge.
Said journal entry hears tha
endorsement of filings: Filed September
24th. E. NJ. Hegler, by Henry N. Berry,
deputy.
ION arriving at Cordell learned that
Judge McAtee was holding court at
Cloud Chief in the same county Judge
McAtee sent word to me that he would
like to compromise matters by adjourn
Ing his court and getting out Of the
county In reply to the judges note I
sent word back that I did not recognize
the court being held at Cloud Chief and
that it was immaterial to me whether he
adjourned or not This brought another
note from Judge McAtee in which he
stated that he would adjourn at once.
which he did. I then called the people to-
gether and told them the best thing they
could do was TO present their case to the
supreme court and let 1t decide what was
best to do in the premises