The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-12-17
JUDGE PUTS
HIS FOOT
DOWN
Chief Justice Burford Turns
Long Prisoner Free.
ATTORNEY BEGS TIME
But the Court Says There Has
Been Too Much Delay.

Guthrie O. t. Dec 16.-Chief Justice
Burford welded his power as judge as
ne never did before according TO his own
statement. He dismissed the case against
Niila1n Jackson for murder ana gave
/ jackson MS freedom. jackson was chare-
ed with being implicated IL the murder
OF one LIc6s, whose headIess body was
found in the Canadian river south of
Norman and farther down stream the
mead IN gunuy sack was found. The
case has been continued from time till
time til it is alleged that Jackson has
peen IN jail about three years without
ever having q chance for trial Yester-
day was set for the trial by Justice Bur
ford, the case being transferred on a
change OF venue from Oklahoma county
The justice IS quoted As saying that if
the case was not tried when he set it this
time he would dismiss the case and re-
lease the prisoner and this is just what
ne has done. However. the county attor-
ney of Oklahoma county came up with
his assistants Yesterday and made a mo-
tlon for 4 continuance. Justice Burford
denied the application and this morning
on the refusal OF County Attorney Tay-
lor of Oklahoma county TO proceed with
his prosecution, the justice dismissed the
case. giving very eloquent talk in do
ing He said:
II release this man because ] believe
that the ends Of justice are being defeat
ed in not doing so. II has always been
my practice and there Is a statute which
upholds my position, 10 try a prisoner at
the same term OF court at which he is
indicted This man has been in jail now
for nearly three years and yet he has
never been given II trial for his offense |
as the records OF Oklahoma county show,
! believe.
THE courts of this territory and of ev-
az frt erf.-
man charged with q crime a chance TO
clear himself 1t seems that this man
has not had this chance and therefore ne /
has been deprived Of a citizens right
1t has never happened that 1 have re-
leased a man who has been charged with /
murder, but l believe that in this case
/ am doing Justice and so | order the re-
lease Of William Jackson.
County Attorney Taylor in refusing to /
prosecute the case made a very earnest I
talk and said:
Your Honor. 7 only ask for a contin-
uance of this case until Monday | prom
ise at this time TO have all my witnesses
here. II is very short time and 10 turn
this prisoner loose would be licensing
for I believe that this man
IS guilty of the charge and that / can
prove it so ii given until Monday
Your Honor. this case has been contin-
led from time to time out always at the
nstigation OF the defendant who was
sever ready to have his case tried al
hough We have been ready many times.
In support CT what l say l cite the fact
hat he even took change of venue i'm
,rder to escape being tried. I plead with
your honor to grant me the five days con-
inuance."
jackson was released there in the dis
rict court room and has not been seen
since 1t is thought that he is man of
ifty-five or sixty years; that he has
started back to join his kin He may he
e-indicteo ut it is not thought probable
hat he viii he.