The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1904-10-13
PRICE BOYS GUILTY
OF rIANSLAUGHTER
Jury in Judge 0iIl's Court Could Not Hold Them
BIameless for Killing Tom Qualls

WIN the court room ct0Wueu Weu-
nesday afternoon Deputy Federal At
torney Huckleberry called the case of
Ed and Dan Price, who are charged
with having murdered Tom Qualls at
a country dance esat OF Spavinaw on
the night OF Nov 2s, 1909.
The defense are represented by w.
p. Thompson, Preston s. Davis and
Col. Cravens Of Muskogee.
Mr.. Thompson presented challenge
attacking the validity OF the petit
jury panel by reason OF the extra iu.
rors summoned in place of the those
discharged from the regular panel.
This was oyerruled but, in turn,
whenever a talesman not summoned
or selected by the jury commissioners
was examined, the defense interposed
q formal election.
During the afternoon and night
session 81 talesmen were examined
before the jury box was filled by the
selection of James Paden, w. S. Will
liams Charles Clapper, Crawford
Connor, James Lacey, G. A. Riddle,
@. Ross, VIM. McCullom, 5. Young
Freeman, J. NJ. Jones, Arthur Haw.
kins and Harry Lumpklns
Before adiourning for the night
Judge Gin ordered that the jury be
kept together and not permitted TO
communicate with any one other
than the bailitfs aud court
WEDNESDAYS SESSION
AT the session this morning the
witnesses were called In and sworn in
a body. There are forty-nine wit
nesses, indicating that the trial will
consume the time OF the court for the
remainder Of the week.
Attorney Huckleberry in his prelim-
mary announcement for the prosecu-
tion, stated that the government ex-
pected 10 prove that the Price boys
were disturbers and went armed and
unlimited 10 the dance for the delib.
crate purpose Of raising row They
used insulting language and, when
demonstrated with, attacked Qualls
and shot him down from tile ide aud
back and that also knife wound was
found in Qualls back
For the defense Mr. Thompson told
the jury that they would show that
Qualls was an ex-convict and bad
man, and that he had II I'M foi the
Price boys because they assisted the
officers in apprehending him; that
Qualls fired two shots before the Price
boys replied.
Tie first witness was J f. patter-
son, at whose house the dance and
killing occurred. lie testified that
that tie Prices made a disturbance
aud when he demonstrated saying that
he had a right to defend his own home.
Qualls spoke up and said, "Yes, YOU
have sdch right That Qualls was
them struck in the head from behind
- Ed Price and as he turned he was
si5ot by Dan Price. the bullet entering
hs side. As Qualls staggered back I'd
shot him. After Qualls fell forward
0n his face lie drew his revolver aud
ffsd three times The Prices shot
six or eight times Three bullets
g'owed their way completely through
tie body Of the victim and there was
knife wound in his back lie lived
unti December IA, or sixteen days
after the shooting.
Attorney Davis conducted a search.
ing examination but tile witness stuck
firmly TO his first recital Of the Incl
dents.
Dr Day, who attended Qualls was
the next witness. He described the
wounds aud explained their nature.
THURsDAY's sFssIoE
Tie trial of Dan and I'd Price
charged with the murder OF Tom
Qualls vas resumed Thursday after
noon after the grand iury call was
completed.
TIE feature Of the afternoon was
the introduction Of Mrs Della Van
BIbber who was called to show that
I'd Price lad used insulting language
during the dance. Tie woman Is also
4 witness for the defense. In her ex-
animation Thursday she bluntly as
serted that Mrs. Sophia Patterson
was not standing 10 the door at the
time Of the shooting and that Qualls
followed the Prices into the yard.
Qualls then came back into tie room.
turned and went out again closing
the door Then tie shooting com-
menced
This testimony was more than q
surprise, 10 the spectators at least as
the woman clearly and directly told a
story contradicting the sworn testi-
mony Of j. +. Patterson, at whose
home tie Killing occurred, and Of his