Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1906-10-24
FRANK WHITE CONVICTED.
Jury Returns Verdict Of Guilty against
Principal in Celebrated Cattle
Stealing Case. Elmer Will
IiamS Acquitted.

The third trial of Frank White Of
Woods county, Oklahoma, ,on charge Of
stealing cattle from James Hale of Aetna,
this county, was held in this city last
week and it resulted IN conviction. Elmer
Williams, who was arrested with him
this time and once before, was acquitted.
The following composed the jury In
the case:
J. H. Mckenzie 10. Sullivan
II. J. Terry F. W. Romig
G. NJ. Nida CIV Kritzmire
II. L. Wainscott T. A. Hittle
A. s. Burnes q. Williams
b. 5. Overholser K. n. Bruce
The jury was impaneled and sworn and
the evidence begun last Wednesday morn
ing and the case went to the jury at 2 p.
m. Saturday. One half day was lost on ac-
count of the sickness of one of the jurors,
John Mckenzie. The evidence in the
ease was much the same as at the form
er trials. The ofense charged was the
stealing Of two steers branded 76 con-
nected belong to James Hale, and selling
them to Abe Schdar at kiowa. The
state claimed that the 76 was worked
over so as to resemble running w which
was the White and Williams brand.
They had the hides Of the animals in
evidence and their contention was plain
ly established. The defendants did not
concede that the animals were branded
Is at all and here is where they made
the greatest blunder. They claimed that
they bought them from one Collins and
Collins was on hand to coroborate the
story but the jury did not consider it
worth much. The usual army Of other
witnesses from the Yellowstone were on
hand to testify for the defense but too
many Of them told such unlikely stories
that they burdened the defense.
The victory for law and honesty will
doubtless have salutary effect in this
county and will probably be an example
for others. The jury was out until p.
m. Sunday. The FIRST ballot was 8 for
conviction and 4 for acquittal. After
ward two Of the four yielded and it stood
that way until shortly before they return
ed verdict The releasing Of Williams
is looked upon as compromise In order
to prevent hung jury and comes very
near being a just verdict as it is the gen.
eral belief that Williams connection with
the affair was not clearly established.
None Of the jurors, however, are willing
to say that there was any compromise
suggested.
County Attorney Griffin, assisted by
Walter L. Owen prosecuted the case
without outside assistance this time and
they have reason to feel elated over thei
success AT the two former trials they
were assisted by famous lawyers from q
distance and lost. The defense was the
same as at the former trials, Judge A. M.
Jackson Of Winfield and Noble & Tinch.
er Of this city.
Mr.. White was committed to jail i'm
mediately after the verdict was returned
A motion for a new trial will be flee
and if it is ovenuled the case will be ap
pealed to the supreme court and Whit,
will be released on bond if he can give
approved security.
In the cases Of State VS.. Clark and Nc
Donald, two Of the railroad men charged
with passing bogus checks on several Q
our merchants, the defendants entered
plea Of guilty and were sentenced to 81
months in the county jail. They wer
given credit for time served since Ma!
18th and their terms Of Imprisonment
will expire November 5th.
State VS. Daniels. same charge. nolle
entered by county attorney on accoun
Of death Of defendant
State VS. Gillett. alias Jolly" sam
charge, dismissed on motion Of count
attorney.
City of Medicine Lodge vs.. Ed VII
hams. charged with selling iutoxicatin
liquor, dismissed on motion Of city attol
ney.
Fenning VS.. Munsey. findings fc
plaintiff on promissory note and judgmel
rendered for the sum Of about $l2O(
The case Of Rumsey vs.. the D. K:
G. G.Ry. Co.. was taken up yesterda.
This is an appeal from the findings {
the condemnation board. There are
number Of other cases on the docket {
the same character.
A terrible charge has been brougl
against F. F. Root, democrat candidaI
for county clerk. 1t has been charge