The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-06-23
REPRIEVE
WILL BE
GRANTED
After the Machinery of Law
Acts in the Case of
BARCLAY AND BRUMMITT
Attorneys for Appellants Are
Preparing the Papers.
BARCLAY AND BRUMMITT

Guthrie. o. T. June 22.-The final pa
pers in the appeal 10 the supreme court
in the Barclay and Bennett case were
signed up today at Perry and the papers
VIII be filed in few days.
Deputy L. 5. District Attorney Z. Nc
CURE and Mesrs. Chasteen and Neal APP
peared before Judge 3. r. Hainer 10 az
range for the case-made and this prac-
ticaliy completed the work Of preparing
the appeal. The work has been rushed
owing TO the fact that June e. is the date
on which the men are sentenced 10 be
hung
on next Tuesday the attorneys for the
sentenced men vii lappear before Judge
John H. Burford to ask for a reprieve.
The attorneys VIII state that they have
been diligent in their work.
In case Judge Burford should refuse
10 grant the stay of execution. Acting
Governor Grimes viii Immediately grant
a reprieve until President McKiniew de-
cides what viii be done in regard 70 the
Communication Of the sentences of the two
men.
This case has been a remarkable one
in the number Of moves made 70 Sc
cure a stay OF execution in order TO se-
cure a Communication OF sentence from
President Mckinley
The crime for which the men were
convicted was the murder of J. I. Poole
in the Usage nation last July. a number
of members Of an anti-horsethief associ-
alton pursued the men into the Osago ma
tion and during a fight Poole was killed.
The two men were brought to the federal
jail in this city and were confined here
until taken TO Pawnee for trial Their
case was an interesting one. closely con-
tested. but resulted in a conviction for
the United States. The men were brought
back 10 the federal JAN and confined
here. The sentence was given and the
date for the hanging made June q AS
soon as the other trial was concluded,
Chasteen and Neal. attorneys for the
men, gave notice that an appeal would
be made to the supreme court and be-
gan working on it,
The idea occurred that II might be pos
sible to secure d commutation of sentence
and work was begun on this plan az
once and the signatures OF Judge p H.
Hainer, United States District attorney
Speed, United States Marshal Thompson
and others were secured to petition to
It was supposed that the prayer Of the
petition would be granted by the presi-
dent.
While this petition was being prepared (
Of Quaker settlement I
in Woods county called on Governor vs.. /
N. Jenkins and asked that he use his in- /
fuence in securing q communication of sem /
tence for the men. About the time that /
the petition was sent away. Governor /
jenkins wrote a letter to President Nc /
TIinIey about the case and asking for /
Of the sentence.
1t was estimated that since the trial (
Judge. United States attorney and others. /
including Governor jenkins. had asked I
for a Communication Of sentence, nothing !
more would be needed.
a few days ago the attorneys for The (
two men applied 10 Acting Governor /
Crimes for twenty-dsy reprieve for I
the TWO men. This he did with the con-
sent Of Governor jenkins and the attor-
neys were so notified The next CAV,
came the notification that President Nc
Rinley would not interfere as long sc
there was an appeal pending fin the SUI
1renne court AS the wishes Of the presi-
dent were then known. the Jurisdiction
was taken away from the governor OF
Oklahoma.
The scaffold is ready FOR the hanging
and unless there is some official action
IN the next few days. the two men viii
hang az Pawpee. June 81
The scanold has been tried and IS con-
7idered substantial enough for several
more haneings. 1t was sent 70 Oklahoma
Tor the hanging Of Tom Queenau bat Dc
was granted a reprieve and his case VIII
)e heard again.
Barclay and Brummutt. the two men.
ire confined in the steel cages AZ the fed-
raj jail and are closely watched. Their
.aso is attracting much attention in Ok
ahoma, and especially So since che many
movements ln the case The two mon are
lot old by any means 8rummett IS 81
md Barclay older They have livcI l1
he west All their lives 10 seems. end are
ven acquainted with the Indian Ter-i-
ory. Neither ~ the men are wei educ
atod. but manage % get enjoyment ~
he 3an by reading.
Is STILL 4 DANDY.