The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-08

removal of the capital to Oklahoma City
F! He says that many threats were made
against his life, and ii is not unlikely
that he was told that things might hap
, pen to him If he persisted in advocating
the capitals removal.
! On the day the territorial legislature
opened TerriIl marched in and placed two
| loaded revolvers on his desk He was
ostentatious about it and the members
of the legislature. who believed that a
new order of things had begun, were
shocked over the display.
didn't propose having any members OBJ
ject to his motions and measures which
were for the good of the whole territory.
Terrill really succeeded in having bill
passed directing the removal of the cap
ital to Oklahoma City, but it was vetoed
by Governor Steele. who is now con-
gresham from Indiana
| Then Terrill turned his attention to the
Crimes and Punishment act. Although
he is not a lawyer he prepared the meas
ure, introduced It. had it referred to the
judiciary committee. of which he was a
member. saw that it was favorably re-
ported and engineered its passage. 1t is
really the penal code of the territory.
!
ure was still in session and the law had
barely become operative. when Terrill
+. had a fight with George w. Embree.
| They disputed over the ownership of 16o
acres of land. Each claimed that the
other was sooner on it, which doesn't
sound right, but that is the recognized
expression in Oklahoma. Both drew re-
volvers and fired. Terrfll was wounded:
! Embree was shot dead. The shooting
occurred on what is known as the gov
eminent acre" in Guthrie, on which was
| the land Office.
Terrill was promptly arrested, being the
first to be taken into custody under his
own act In his Nrst trial the jury dis
agreed In the second trial he was found
guilty and sentenced to Imprisonment for
/ life.
The second trial took place IN Logan
county. and Il was held irregular by the
higher court The third trial took place
in Payne county, and Terrin was again
convicted and sentenced to life imprison-
, ment He was promptly hustled to the
| Kansas peHitentiary.
He appealed to the Kansas supreme
court, which ordered his release after he
had been in the penitentisry for eight
weeks, and Terrill was sent back TO Ok.
Iahoma for his fourth trial, which took
place in Noble county. AS a result Of
this trial he was sent to prison for twelve
years, and four years after the murder
was committed he finally began to serve
his sentence.
He took kindly to the prison routine at
first being confident that the courts
would free him. He worked the required
number of hours as a carpenter and de-
voted his spare time to his case. He ap-
pealed to the Kansas supreme court and
also TO the Oklahoma supreme court. He
claimed that his trial was illegal because
the alleged crime was committed on 1.-The
government acre" and that the terrific
rial court had no jurisdiction.
He maintained that he should be tried
by the United States courts. Further
more, he declared he was Illegally detain-
ed because the Oklahoma legislature had
no authority to make a contract to have
prisoners confined outside of the territory.
His sentence does not say that he shall
''be confined in the Oklahoma peniten-
tiary" There is no Oklahoma peniten-
tiary.
The courts ruled against him, and Ter
rill refused to work any more. He made
an awful row because law books and time
were not given him to work on his case,
but the court said that such course was
against prison discipline.
He was kept in the dark crank cell''
for months, but it didn't tame him. The
first day he was released he made a
speech to the $50 Oklahoma convicts in
the prison He told them they were re-
strained illegally. He had prepared the
act under which they were convicted.
he said and he knew all about II. He
urged them to refuse to work and to de-
mand their liberty Terrill had secured
an iron crowbar and offered to lead an
uprising Warden Jewett reasoned with
TerriIl, and he was finally induced TO
lay down the bar and be locked up with
out making a fight.
This week Terrill is to be taken before
the United States court on habeas-corpus
proceedings on his own petition.
When the Sunday World correspondent !
visited Terrill in the penitentiary he at |
first objected to having his picture taken |
in the prison clothes, but he afterwards |
consented to pose outside his CELL The |
photograph was taken by Clyde Mattox, |
a murderer who has killed five men and |
who is serving his third term in prison. |
Il hope there is more justice in the |
United States courts than there Is in Ok |
lahoma and Kansas" said Terrill. If |
1 have to stay here three years more / |
am going TO sue every one concerned.
II am a victim of prejudice. Another |
man tried TO kill me and killed him.
1t was a clear case Of self-defense, but |
the people of Guthrie wanted to gee rid |
of me because tried to move the capital
of the territory. They want TO keep me
out Of Oklahoma while / live and out of
heaven when ! die. They would have
killed me when 1 made my fight in the
legislature If 1 had not shown that l
was ready 10 protect myself. That is
why / placed the loaded revolvers on my
desk in the legislative hail.
Il am convinced that the United States
courts will free me- l am my own law
yer. 1 helped prepare the Oklahoma
code. and / know more law than most OF
the Oklahoma judges. who never should
have been appointed. For instance. there |
is no warrant for making me work here.
There Is nothing in my sentence that says
that l shall be confined at hard labor or
any kind of labor. That is why l refuse
TO work
Terrill puts in his spare time writing |
history of the United States in rhyme,
which. he says. will make his fortune.
He has already finished two of the three
volumes. He says he is the author OF
a book called The Golden Calf" and |