The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1904-10-13

bad and dangerous character of Qualls
and Deputy Marshal j. Il. Biggars tes-
titled that one OF the Patterson wo-
men told him she did not witness the
shooting.
SATURDAYS SESSION.
The defendants attorneys announced
upon the opening OF court that they
would rest their case with the testi-
mony, and Prosecutor Turner recalled
Sam Price TO ask him a question re-
gardlng the yulgarity used in order TO
lay foundation for his.impeachment.
Price denied using the language at
tributed TO him.
The Offering OF rebuttal testimony
commenced with the evidence of Gill
lam Rogers, who said that on the day
OF the dance Sam Price admitted that
he had no stool" invitation to the
dance, but intended 10 go anyway. He
spoke we'll Of the character Of Mr..
Patterson, but surprised the proseeu-
tion by saying that the younger Pat
terson womans reputation for truth
was bad
/ VIM. D. McCaslin, Lizzie McCaslln,
Sarah Cornet, J A. Patterson, Roe
/ Cunningham, J NJ. Hud-on aud James
Toney, some OF them being former
witnesses, testified in contradiction Of
many statements made by the wit.
nesses Tor the defense. They also, m
turn, gave these witnesses a bad char
acter who had testified they were bad
Della YanBibbler and Jim Walker
showed by their testimony that some
Of the statements OF the eolcred boy,
Gus Rogers were not founded on fact
J. NJ. Cram. IT,. testified that he
met ia Price in Colorado and that the
latter told him that he was coming
back 10 lie territory 10 SIX some.
body.
The prosecution then closed its re-
buttal aud Judge Gjll commenced the
delivering Of his charge % the jury.
Tie charge was masterful expla-
nation of the law that obtains IN this
case. The jury was instructed to ac-
quit If theY iiud that the Prices went
TO the dance invited, or + there was
a general public invitation. for the
purpose Of lawfully participating; con-
Quoted themselves IN proper manner
and that the deceased came upon
them in threatening manner, with
a loaded revolver aud fired upon them
II the jury found that defendants
vent TO the dance as unlimited guests
for the purpose Of raising disturb
ance, or raised disturbance. having
a right 70 be there, the owner Of the
house, with his friends, had a right
10 order them TO desist OF vacate. II
tie Prices or ans OF them, shot Qualls
and after the latter fell he drew his
revolver and fred back he lad 4 right
to do 30, aud II the defendants, under
such circumstances, shot and Killed
the deceased such defendant or de.
PENDANTS. participating in such en-.
counter would be guilty Of murder
Tie court then took the usual noon
recess. Col Turner commencing his
argument when the court re-eonyened.
4 recess was taken AZ 40 O'Clock
for the attorneys to attend the funef-
Al Of J II Huckleberril ar court
Fec0nfening at 1880 CLOCK.
The trial of IA and Dan Prlce.
charged with tie murder Of Tom
Qualls, resulted IN verdict of man.
sIaugter. theextreme penalty for which
Is term of ten years 10 the peniten.
tiary
The case vas fought hard al the
way through tie attorneys contest
Ing every point Tie character Of
many witnesses vas assalIable. but as
the crime was committed In their
presence Il was necessary 10 Use them
to prove the facts.
Tie prosecution was handicapped
by the withdrawal after the first day
Of Prosecuting Attorney Ituckleberry,
the duties dey0lvlng upon Col. j H.
Turner. who took up the work with q
result according him a great legal vic.
torY.