The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-22
ARGUMENTS
IN QUEENAN
CASE BEGIN
Judge Strang Requests That
Hearing Be Continued.
AND REQUEST is GRANTED
Supreme Court Deals With
Several Other Cases,
AND REQUEST is GRANTED

Guthrie, 0. T., Sept. 1.-At 10 O'Clock
this morning the judges of the territorial
supreme court with the exception OF
Judge McAtee met to hear the arguments
in the petition for a writ Of habeas cor
pus for Tom Queenan Of Oklahoma City,
convicted Of murder The court room
was well flied with attorneys and others
Interested in the case. This session Of
tbs supreme court attracted men from
all over the territory owing to the fact
that it has been stated by the attorneys
for Queenan that the criminal code had
never been signed
Judge J. c. Strang, attorney general for
Oklahoma. represented the territory and
after the convening of court made request
that the hearing be continued owing TO
the fact that he had not had sufficient
time 10 prepare his case.
Al this time, c. 3. Ames Of Oklahoma
City IN behalf of Quenan stated to the
court that the habeas corpus proceedings
were III the nature of a civil suit against
the county Of Oklahoma and that it was
not a territorial suit. The court overrul-
Cd Ames in his motion holding that the
case is territorial one and not against
the county OF Oklahoma as alleged. At
ter Arnes was overruled in his first mo-
tion, ne made another to the effect that
the prisoner be discharged on the ground
that the return does not show any reason
10 hold him. After having made this mo-
tion Judge Strang. Tom Chambers and
II. Fulton. representing Oklahoma c0un-
" objected TO the court nearing any such
motion
after the presentation of the motion
and rejoinders. the court adjournd until
I o'clock.
after the convening Of court at I
o'clock. Judge Burford announced that
a continuance would be taken until 10
O'Clock October 9.
Queenan appeared in person in court
this morning in charge Of Sheriff OBnen
of Oklahoma City. lie is probably so
years Of ase tan and slender. He was
dressed in a dark suit of clothiss. wear
Ing q Fedora shaped hat. He carries q
cane and limps slightly, from an injury
received in escaping from his home at
the time he shot his wife
Queenan was sentenced TO hang May y
last but an appeal was taken. Accord
ing 10 Attorney Ames, should the case In
the territorial supreme court 20 against
the defendant. it wIl then be taken to
the United States supreme court
In The case of Turner Us. The Territory
Judge Eurford announced that no man
dates win be issued in any crimanl ac-
tiou pending the decision of the Queenan
case Turner is now under sentence to
the pen for manslaughter.
Judge J. R. Keaton was granted per
mission to attach additional evidence TO
his appeal to the United States Supreme
court IL the case OF IT, H. Bochdnger
Bochhnger is suing for the possession OF
West Guthrie as homestead.
I'm the case Of T. NJ. Menten VS.. Otto A.
Shuttle. the court announced the decision
Of the supreme court vacated and the
opinion Withdrawn. Another opinion viii
be rendered.
The attorneys for Asa c. Sharp VS. the
Cnited States made a motion to dismiss
tbe petition fled together with a trans
cript of the case at the time it was com
pulsory to take quick action ia order shat
Sharp might secure bail. The motion
was granted by the court and The case
made win now be fled
J. H. Mcconnell, assistant secretary Of
The territory. was present with the rec
ords Of the secretary's Office, in response
to an order Of the court. The records
were not used in court this morning. how
ever but win be needed at the time of the
next session on October o
eueeuan Case Attracting Attention