The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1903-03-04
TERRILL STORY IS
AGAIN REVIVED
How the Author Of the
Crimes Act Suffered Tn
der His Own Bill

Ira n. Terrill, the Oklahoma eX-
Legislator, now serving ali fe sentence
in the Kansas penitentiary at Ian
sing. is an exemplar Of an engineer
hoist by his own petard, for it was
under the crimes act" of which he.
as a member of the first Oklahoma leg
islature, was the author. that he was
convicted. The contract of Oklahoma
with Kansas for the care of territorial
prisoners, under which ne is held at
Lansing, has often been attacked, the
strongest fight against Il being made
by Terrill himself. but It has been
held valid in the Kansas supreme
court by vote Of I've to two. and also
by the Legislature, and he must serve
his term unless some future executive
of Oklahoma should pardon him.
The story of the crime for which
Terrill is now doing penance is still
fresh in the minds of the older resi-
dents of the territory. When old Ok
lahoms was opened to settlement in
1889 Terrill was one of those who
made the run for a home. He drew
a claim in Payne county, but was re-
ported by neighbor named Embry
as a Sooner" one who sneaked into
the territory prior to the opening,
picked out a good claim and lay hid
out until opening day, when he showed
up on the desired quarter section and
held It by right Of possession.
When Terrill came to Guthrie to
make final proof he was accompanied
by Embry, who protested against his
right to the claim After having words
in the land office, the two stepped out
side the west door, where Terrill fired
three shots into Embry, killing him
almost instantly. He tried to escape
but was captured and, upon trial. SEN
fenced to life Imprisonment
Terrill Is man of considerable
mental ability lie was elected to the
first territorial legislature as Popg-
list from Payne county and belonged
to the famous combine which loca,sd
the capital at Oklahoma City to nave
its action vetoed by Governor Steele,
now congressman from Indiana He
framed the Grimes act, passed at
that session, and was the first man to
be convicted and sentenced under ais
own law
Terrill argued his own cause before
the Kansas supreme court ana IS
credited with making out a case strong
enough to so worry the attorney gen
erals of Kansas and Oklahoma that
they asked for further time in which
TO prepare their answer to his alleg1-
ticn. Terrill was smooth shavea. out
Tor mustache when he first appeared
before the Kansas supreme court
When he again appeared his beard wos
ragged and unkept and his ha- long
and matted He apologized for his
appearance, which he caid was due 10
the fact that he had been Tor a month
kept in solitary confinement At tne
penitentiary and had not hal a bath
during that time until the morning Of
his appearance in court.
Tcrrill claimed that as NJ wns sen.
fenced in Oklahoma he could not ne
legally incarcerated in Kansas and re.
fused to obey the prison rules, so he
was placed in solitary" as usual with
all refractory prisoners. After his pre-
liminary argument Terrill filed a mo-
tion to compel the prison authorities
to furnish him with law books to
study up on his own case and let him
see an attorney, but it was refused
as the court held the prison discipline
must be maintained. At the last one
attorney did appear w. II. Ashby OF
Beatrice, Nebraska, who was repre-
senting other Oklahoma prisoners in
the Kansas penitentiary who hoped TO
gain their liberty If Terrill won his
case. which was held to affect all the
territorial oonyicts, 2S5, at that time
Terrills endurance is marvellous
He claims that by persistence in his
contention for writ of habeas corpus
he annoyed a former warden Of the
Kansas penitentiary who sent him to
the dark cell for thirty days and had
him fed on bread and water, and when
he came out greatly reduced in health
and strength, had him shaved and fur
ther degraded by being put in stripes
Terrill is Of massive frame and great
strength and works as a stonemason
in the penitentiary Ell says he is
wrongfully imprisoned and that. al