The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-31

guage. He has been a lawyer, a judge.
a Presbyterian minister and a man of
wealth and high standing among his
people It is also shown that he was
in all public matters looking toward the
education and well being of members
of his tribe as well as of white persons
who lived with them
1T is shown that for many years he
had been in the habit of getting drunk
but that. aside from this, his life has
always been exemplary. 1t appears that
a short time before the murder he lost
by death. several children in rapid sue
cession, and believing in witches and
wItehcraft, he conceived the idea that
certain persons whom he believed to be
witches were responsible for the death
of his children and for misfortunes
which had happened to other members
of his tribe.
"On the morning of the killing, being
more or less under the influence of Ii
quor, he started out with the expressed
intention of killing certain persons
whom he declared to be witches. He
first went to the house of Vina Cole
man, an Indian woman, for whose muir
der he now stands convicted. 1t APP
pears that this woman was related to
him, that he had always been on most
friendly terms with her. had furtnshe /
her and her family provisions and had
persuaded other persons to give her
work in order that she might support
herself and her children. Going to her
house, he accused her of being witch
and shot her to death with a shotgun,
at the same time wounding a small
child tibet was near her At the same
time, he shot and badly wounded T.
/ year-old boy who was running away to
I give the alarm. He thereupon mounted
/ his horse and proceeded to the home of
man whom he accused of being a
witch and shot him to death. He then
proceeded to another house and killed
another woman whom he accused Of be-
ing a witch.
He was tried for the killing of the
last two named persons and acquitted
on the ground of insanity. When he
was first tried for the murder of VIVA
Coleman, the jury disagreed On the
second trial he was convicted and the
jury failing to quality their verdict ne
was sentenced to be hanged.
Il have made a very careful examination
| of all the testimony in this case. aside
from the brief statement hereinbefore SET
out, and 1 may say that absolutely nc
rational motive is shown for the killing
of these people by the petitioner 1t seems
to be clearly established that the petition.
er killed them because of his deluded be-
lief that they were witches. and that he
| was justified in removing them.
Il am clearly of the opinion that the
sentence of death should not be carried
out in the case, and I am clearly con
WINGED that this petitioner should not bt
permitted to go at large. When under the
influence or liquor (and II is clearly
shown that he is a habitual user of intoxi
cants). he is a dangerous man, and, how
ever sane or normal or freed from tho
use of intoxicants he might become by
imprisonment and proper care for a mum
Der of years, there is no assurance that
if ever again permitted to go at large, ht
would not revert to his old habits.
I'm view of all the facts presented,
therefore, unhesitatingly recommend tina
the sentence in this case be COMMITTED Il
imprisonment for life, but feel constrained
to here express the opinion that, undel
no circumstances should any further elem
ency be exercised in behalf of the petit
/