The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-11-06
WON CASE BY HIS ORATORY.
Temple Houston, Cowboy Lawyer,
Ably Defended Accused Man.

! 4 enjoyed the interesting experience
| Of being opposing cOunsei to the late
| Temple Houston, son OF General Sam
| Houston, in somewhat noted murder
| case tried at Enid Okla, a few years
| back" remarked Ben Franklin, former
prosecuting attorney of Macon coun-
| ~, Missouri
! Long before l reached the territory
/ began hearing startling tales about
the deXterous gentleSlan from the
Texas panhandle, and wondered il /
haa observed proper caution in leaving
my revolver at home.
The case was tiiat of homesteader
/ vs.. cattleman, a controversy White-h hot
in the territory at the time. Frank
Sears, a former resident of Macon
county, had few head of cattle which
had invaded Robert Higgins wireless
fields and possibly done some damage.
The men met. and, after some heated
words, Higgins shot Sears dead. Sears
had nothing but a pitchfork Sears
brother, who lives here, employed me
10 assist in the prosecution. The way
we looked at the case it was a cold
blooded murder, and we We're demand-
ing the most serious penalty.
The defendant had employed Tenn
pie Houston and several other noted
lawyers to save his neck. | arrived at
Cheyenne, Okla, and sat down in the
little Office Of the only hotel in the
place. Before long u rather remark
able-looking man arrived on horseback.
threw the bride across the hitchrack
and stalked into the Office / noticed
that almost Immediately the citizens
began gathering around and shaking
the newcomer warmly by the hand.
This noted person wore a white cow
boy hat, long, dark hair rolling down
his back and had his pants tucked in
his boots. His silver sDurs gIittered
in the sunshine. \ strong. smooth
faced, swarthy complexion and dark.
piercing eyes fairly completed the de-
Scription. After having acknowledged
the salujation from all his friends the
gentleman approached me, and, having
courteously said:
My name is Houston-Temple
Houston. l am from Texas and Okla
homa. Would you mind telling me your
name?"
Ben Franklin
All You have been called after
a very worthy gentleman, although |
never had the honor of his acquaint-
ance. l hope. however. you are as good
a man as your namesake.'
1 fear not 1 said, but l am doing
the best l know how
Good! None of US can do better.
Where did you say you were from?'
- am from Missouri
-" Missouri! Great old Missouri! Well.
my friend, l guess you viii have TO be
shown. Come along. He seized me by
the arm and started toward the irriga-
ton 9arlors.
Where are we going, Mr. Hous-
ton?' ! asked.
Going! Thunder and lightning,
Where 90 two gentlemen go when they
meet?
Thank you, don't drink
BY all the Veracious legends of the
west, this is where the bad man jerks
out his gun and makes the tenderfoot
dance up 10 the bar and order a muir
deroUs dose of peace destroyer. But
Houston was not that sort
Mop he exclaimed. I commend
your principles. Whisky will ruin any
man. Have a cigar and he pulled out
a case OF Havanas.
The /cass finally came on in the dis
trict court at Enid. One OF my asso-
ciates was an attorney who was some
thing OF fighter himself, and Houston.
evidently aware OF this. directed al
most all Of his harsh talk toward him
Once or twice IL looked like che two
fire-eaters would have 10 settle the
point of law with their guns, but the
judge managed to restore order. When
the eloquent lawyer for the defense
had occasion to refer 10 mo 1t was al
ways the gentleman from Missouri.
Il guess he saw that ] wasn't a fight
er, and he disdained 10 pick a quarrel
with Ha. HoustoH did NOT examine the
witnesses, but he sat at the elbow OF
Judge Denton. who did, and constant