The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-10
HIGHER COURT
TAKES UP The
QUEENAN CASE
Attorney General Roberts
Notified From Washington.
DECISION ABOUT APRIL IS
Case May Involve Liberty of
ALI Oklahoma Criminals.

Guthrie, Q. T.. April 9.-Attorney Cen
eral J. c. Roberts last night received 4
| telegram from the clerk of the supreme
court of the United States requesting him
! to appear for the territory in the case of
| Thomas P. Queenan versus the Territory
of Oklahoma. appealed from the supreme
| court of Oklahoma. The telegram stated
| that the case would probably be reached
| about April 18th. Judge Roberts as yet
! has made no arrangements relative to
personally appearing in the supreme
court, but vii take up the matter imme-
| diately
The Queenan case has been one of more
than ordinary interest in Oklahoma.
Queenan was convicted of the murder
of his wife in Oklahoma City some two
years ago and sentenced to be hung for
the crime. The case went to the supreme
court Action was brought to set aside
the verdict of the lower court based upon
the alleged fact that one of the jurors.
j. 7. Harper. had served a term in the
Nebraska penitendary, and that having
been once convicted of crime he was not
The question was also raiseu that the
code of criminal procedure enacted by the
first territorial legislature was not legal
This question was based upon statements
made that the law was not properly
signed. The records of the secretary's
office were produced in court sustaining
the verdict rendered. The point raised
relative to the code of criminal procedure
was an important one as it meant the 1s-
lease of men now confined in the peniten-
tiary convicted of crime in Oklahoma IL
the court held that there was no criminal
law in the territory.
With the lower court sustained the case
was appealed to the supreme court of the
United States. During every hearing IN
the lower courts every inch was hotlv
contested. 1t has been a Gaze that has
brought out important questions of law
and the decision of the higher court will
be looked forward to WITH interest
Queenan and his wife during a portion
of their married life boarded with Quce-
mans father and mother At the tine
the murder was committed they were not
living at the elder Queenans home 1t
is said that there had been a misunder-
relatives to such an extent that none of
sons home. although both families lived
in Oklahoma City and near one another.
After they had left the elder Queenans
home it is asserted that Queenans wife |
had repeatedly told him that if he did not |
stop gambling she would leave him. Y |
was brought out in the hearing of the |
case that two days prior to the murder |
he had lost heavily at gamDnng and that |
Queenan had also endorsed and cashed a |
forged draft drawn on the State National |
bank in Oklahoma City. On the day OF |
the killing the bank had been after him to
pay the draft and had given him until |
noon of that day to pay the sum de
manded. In addition 1t was ascertained |
that Queenan had some of his wife's |
money and that two hours prior to the
killing she had asked him to pay the
money to her brother as part payment on
a sewing machine she had purchaser. 1t
is asserted that Ffe had lost all the money
he had in gambling that morning.
Queenan was a bartender in a saloon
and about half an hour before the killing
took place he left the saloon and started
home. A short time before his wife vas
Quenan had talked with the
proprietor of a grocery store near his
home. He entered the home as usual ana
from his convrsation with the grocer was
to have been sane at the time.
His wifi was shot in the back. She was
washing dishes at the time in a room used
as a kitchen. After the shooting it is
said that Queenan walked TO the front
part of the house and then back to a win
dow OF a closet off from the kitchen.
the window and sash, jumping
10 the ground a distance OF fourteen feet
or more. iniuring himself so that he was
found there by persons attracted by the
airing OF the shots. Queenan plead in
sanity. but witnesses testified that he a3-
oeared sane when found by the side os
his house
The pistol used was secured from the
saloon where oueenan worked. 1t is also
stated that he had inquired If his wife
was at home alone and that he went 10
he home by an unusual route.
The briefs submitted in the case are
and dwell long on the quail
ics tions OF jurors. 1t seems that this
s one of the most important features OF
The appeal taken to the supreme court OF
he United States. If the higher court
;ustains the decision of the lower courts
Queenan must hang or serve a life SEN
ence The day Of his execution was set
out the filing Of the appeal delayed the
excution of the sentenc.
TIL case first eamo out when J. c.
strang was attorney general. The bfief
submitted by the territory in he case
n the supreme court was prepared by
Attorney General Roberts who succeeded
Judge Strang in the attorney generals
,ffice.
HEADQUARTERS AT LINDEll.
Twelve Rooms Engaged for Ferguson