The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-07-02
CONVICT IN HIGH COURT
Murderer, Terrill Argues Be-
fore Supreme Judges.

There was an unusual procedure in
the supreme court today. A CONVEX
from the penitentiary appeared before
the court and made "a plea in his own
behalf. He was accompanied by Warden
Jewett, and, strange to say, Warden
Jewett is one of the defendants OF whom
he complains.
The man is Ira F. Terrin, who is
serving a sentence in the penitentiary
for killing w. e. Embree in Guthrie,
Okla. on January 3, 1891. He has been
he asks the supreme court to release
him on a writ Of habeas corpus
Terrill alleges numerous reasons why
he is entitled to q writ, any one OF
which he thinks would entitle him to
be released. The killing was committed
on the land Office acre" in Guthrie
Terrill claims that Embree was a pro-
fessional land Office blackmailer. He
says he had just completed case before
the land office and when he came out
of the building found Embree covering
his (Terrill's) brother with revolver,
threatening to kill him. Terrin took a
and alleges that he finally shot Embree
in self defense.
He further says that because Of his
action in defeating a Republican COM
gained the hatred OF Guthrie people. He
combined the Allison element, to which
he belonged, with the Democrats and
Oklahoma City Republicans in control
"
deal was that Oklahoma City should be
the capital Of the territory. This Sc
cured for him the hatred of Guthrie.
where the killing occurred, and he
claims it was impossible for him to Sc
cure fair trial from anyone connected
with Guthrie.
He secured a change of venue but
claims that even then he did not get a
fair trial and was finally released by
the Kansas supreme court on a writ
of habeas corpus and re1nanded to the
custody of the Oklahoma authorities.
He claims this was illegal and he ought
not to have been taken back without a
requisition. He was tried again and
again sent to the penitentiary. He fur
ther says some of the journal entries
and commitments are false He says
that two life commitments and one
imprisoning him for IL years have been
issued against him for the same crime,
and that he is now held under a COM
mttment alleged to have been issued by
United States court when he was tried
by the territorial court of Noble county.
The same judge had jurisdiction over
both. Terrill claims he should have
been tried in United States court as
that alone had jurisdiction over the
patch of ground around the government
land Office.
The most important ground on which
Terrill claims his release is that the
officers of the Kansas penitentiary have
no right to imprison him. He claims
that the Jurisdiction of Oklahoma courts
do not extend outside of Oklahoma. If
| this contention should hold good in Ter
rills case, it would also hold good in
| the cases of the other 300 Oklahoma
| prisoners in the Kansas penitentiary.
| The supreme court sat in banc to
| hear Terrill present his argument, but
| only five judges were present. Chief
| Justice Doster is out of the city and
! Justice Johnston presided in his place.
| Justice Ellis is in Michigan for his
health.
| Terrill was given an hour in which to
| present his argun ent. He talked in an
| off-hand manner and no one hearing
| him would have suspected that he has
| been for six years confined in the pen
| itentiary and this is his first trip out
| side prison walls.
| Attorney General Roberts of Okla
homa, and Judge ]. 8. West. assistant
| attorney general Of Kansas, opposed the
granting of the writ.