The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-27
TERRILL CASE HEARD.
Judge Hook to Decide Fate of Motor
ious Convict.


The fate of Ira n. Terriu is again in
the balance and Judge Hook viii soon
decide 1t.
In the United States circuit court here
Saturdas- Terrill made his own pleading
for a writ OF habeas corpus. Assisting
him was ". H. Ashby. OF Beatrice.
Neb.. who has been retained to secure
the release Of other Oklahoma prisoners
in the Kansas penitentiary- Opposing
the application Assistant Attorney Cen
eraI C. A Woods or the territory OF
Oklahoma appeared. After an hour q
discussion. on either side Judge Hook oil
rected the fling of briefs and stated
that he would decide the application al
his leisure. Terril waived his rlght 10
be present when the decision was an
/ nounced The briefs viii probably be
in the Kansas supreme court
OF the eleven pleadlngs raised by Ter
rill all but four or five have been str1ck-
en- out by order of Judge Hook. Among
trial in a judicial division of Okla
homa other than that in which the
crime was committed is Illegal, and the
claim that there is no Authority of law
/ for. his confinement in Kansas prison
Tor a crime committed in Oklahoma 1t
/ is these two contentious which MI
! Woods is now fighting. ". II. Ashby
| who was here Saturday. has never be-
is now out of money and Ashbys as
isistance is gratis He viii probably as
sist in drawing up Terrius brief Ashby
remained in the court room during
good pa-t of the day and lent Terril
some assistance. although he acknoWl-
edged his unfamiliarity with the history
OF TerrilFs case. The prisoner himself
quoted law and cited authorities in his
| own behalf His actual knowledge of
the law in the case has been principally
gained from his association with law
yers who have defended him in the past.
He has been four times tried for a muir
der which he committed upon a govern
ment reserve in Oklahoma twelve years
ago. He has served eight years OF a
twelve year sentence which was given
him at the last trial
Terrin is a historical character in
Oklahoma He rr1te the crimes and
punishment act WEieA is now in force
in Oklahoma. In 4 Alspu-e ever lne
possessic. of land he killed i man. lie
was convicted of muroer under the Jaw
he framed. and for ycesfs h. fought nIa
own law in an effort 10 prove Il uEcon-
stitutionaL His law held. Since his
Imprisonment TeriH las been an Gle
: ment oe unrest in the Kansas rrsiten-
tiary. He made 'speet4 IS 20 the Isl
= Oklahoma prisoners eon.1sd there anc
told them their confinement was uncon-
t Stituti0naI He even offered 20 start or
uprising, but was argued out of 1t
When he began his .habe2s corpus pro
ceedings Warden JeWett feared il WDu!l
result in the wholesale liberation O
Oklahoma prisoners and he Went to The
= governor of Oklahoma and asked tina
Terrill be Dardoned. 50 as to qUe1 him
The lawyers who have had to fight hi:
efforts to escape wish he were out O
, prison. on account of the eadles
trouble he proposes to cause. Ferril
seems to be unsettled mentally over hi
! years OF litigation. He thinks OF roth
5 ing but his final liberation. After HI
fight through the state courts Tarril
t resorted to the federal court AMI pro
! poses to sc to the court of appeals
! | court here.