Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1900-12-20

does not mean TO absolutely pro-
hibit a citizen from clearing a
patch Of land in order to raise sub
sistence for himself or family. In
the appended special instructions
given to the grand jury Saturday
be makes il clear that the
court and government will not tol.
crate the cutting Of timber for
speculative purposes by any per.
son.
THE SPECIAL INSTRUCTIONS.
Gentlemen Of the jury: The
court is advised that there is some
Misunderstanding in your minds,
and in the minds of the commun-
ity, as TO the courts inst. uction
with reference TO the unlawful cut.
ting Of timber upon tho public
lands Of the Indian reservations.
The court in lite previous instruc.
ton advised, as il thought, fully
upon this matter. II was the in.
tention OF the court 10 advise that,
under the law, no person is per-
mitted to cut timber upon public
lands, even though such lands are
allotted or selected for allotment;
but where person was really and
in good faith endeavoring to clear
small space for the subsistence
OF his family, and in so doing
found that unless such timber cut
from such clearing, was disposed
Of that it would go to waste, that
the intention OF the party should
be taken into consideration and no
indictment found against him. 1t
is the understanding of this court
that where party deliberately
cuts timber for sale, or TO have il
hauled to a saw mill, or for any
other purpose than merely to clear
the land, or use it upon the lands
in the way OF fences or buildings,
that such cutting OF timber is un.
lawful and any party so cutting
timber should be indicted by the
grand Jury and convicted by a Jury
OF the courts of the territory. The
court understands that men in this
district are using the instruction Of
the court to fell timber and carry
that timber to saw mills, and that
saw mills are being erected in the
territory for the purpose of utiliz-
ing timber; the court instruots you
that such purpose is wholly unlaw.
ful, aud wherever anybody is cut
ting timber with a view Of hauling
the same TO a saw mill 10 be
worked up into lumber, or other.
wise, 10 return an indictment
against such person or persons.
Speculation in the timber Of this
country is positively prohibited by
law, and will not in any wise be
counlenanced by this or any OF the
courts Of the territory.
MONDAY.
The trial OF Enders took up
most of the day. Henry James
pleaded not guilty to having broken
into the store Of ]. Burdette and
stolen goods to the amount Of s27S.
His trial was transferred to Mus.
kogee. Lige Lloyd and L. A.
Topp, charged with breaking into
the Vinita postoffice, pleaded not
guilty and will be tried on a date
yet to be set.
TUESDAY AND WEDNESDAY.
At Tuesdays afternoon session
Of the District court the grand jury
returned indictments against
Frank Ratlinggourd for assault to
kill; George Habicb, larceny and
embezzlement; Jack, Bob and
Henry Brown, three indictments
each for larceny and receiving
stolen property; Lillian Horn and
Sadie Harris for perjury.
The two latter are colored wom.
en- and their testimony in the
Finders murder trial was directly |
contrary to that Of the other wit.
nesses. The women showed a
desire to clear Enders and their
arrest for perjury followed.
Judge Gill granted the grand jury |
a recess until January I. The
gentlemen have worked hard,
often holding night sessions and |
have done their work ia such a
manner as TO merit the approba.
tion of the court.
The trial Of Mayor Lucas Of
ChecQtah charged with selling in.
toxicating liquors was continued
for the term.
Wednesdays session was
taken up with the trial of Edward
BonnerI, who was indicted with
Heyden Winford, on a charge Of
breaking into a store at Sapulpa.
The jury will retire for delibera.
Iion some time this afternoon.
haude X. Adams Of Dayton, o.,
writes; Gentlemeni-The require
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