The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-06-28

/ aad, being first duly sworn, upon oath
statos;-'
That |. nave not seen the citation
referred TO and my knowledge there
OF is gained entirely from an article
IN The Oklahoma Post, under the
head Of. POST Special Guthrie Okla,
June 25Hh" but ! desire TO immediate.
| ly reply TO tbe Court or any order
that may have been made in relation
to the matter referred to in said
article
furthei state that on the 1st day
Of January 1907, | formed a partner
ship with the said s H. Harris for
/ the practice Of law at oklahoma City.
| Oklahoma, and that the said s. II.
J Harris has never been in any manner.
directly or indirectly, connected with
the ause above referred TO, and has
never seen or inspected any rocosi,
file or case.9ade OF said cause ana
has never prepared the same but
that have had sole charge " the
preparation thereof ! signed the firm
name Of Harris & Wilson as attorneys
for the plaintif In error.
further state that the original
case made fled in the Supreme Court
la this capse was under my direction
prepared by the stenogrspher and
when so prepared was by me alone
complied. and tha5 the same when so
compiled and prior TO The service of
same on counsel for the defendant IN
error and prior TO the signing and set
tlement OF the same by the Honorable
B r. Burwell, jNdge Of the Court try
ing said cause below. was compared
by me with my office files Kept from
time to time in said caHse. aud that
! made the inierlineation IN said case
made at pages 100 and 1872. having
drawn q tine through the clause. For
the plaintid and against the defen-
dant in the sum Of $5S5.72," and in
serted In lieu thereof For the de-
fcndant and against the plaintiff in
the sum OF s5202.' and having also
at page 1877 Of the record written in
lieu of Flight Hundred FifiySix and
9tli00 tSS5690) Dollars" the words
seven Hundred Fifty-Six and 9O-100
ls756 9O) Dollars" That said inter-
lineations and eraspres were by me
made upon comparing the case-made
so prepared with my office files TO
accord therewith and without consult
ing the files OF record in the office Of
the Clerk of the District Court, a
copy of which said office files are
hereto attached marked ENhibit A.,
and expressly made a part hereof;
that said interlineations were SO in
serted by me prior to the time that
] served the same on the said s. A..
Horton. Attorney for the Defendant
In error. and prior 70 the submitting
of the same 10 the Honorable p. F.
Burwell. and prior TO the signing and
settling OF said case-made by the Hon
orable y. T. BBrwell, Judge of the Dis
trlct Court of oklahoma County Ter
ritory OF Oklahoma, and prior TO the
attestatioG thereof by the Clerk of
plid Court
further state that after the sign
ing and settlement OF the said case
made and In said condition with said
interlneations, forwarded the same.
as attorney for the Plaintiff IN Error,
to the Honorable Clerk of the Supre-
me Court Of the Territory OF Oklaha-
ma, after having first prepared the
brief of Plgintiff in Error therefrom
That my first information and APP
prisement OF the fact that the origi-
nal case-made 80 hled in said cause
dlffered from the original files In the
trial court was on or about the day
of May. when my attention was called
TO the same by the said s. A. Horton
that ! immediately told him that |
would investigate and that II the same
were different would sign a stipula-
tiOn permitting the same to be cor
rectod, and ] was by him given the
substance Of wherein alid original
caee-made differed from the original
files in said case. thereBpon made
my investigation by going 10 the re-
cords OF the District Corrt of Okla
homa County, Territory OF Oklahoma,
and found that my office files did aot
correspond with said files Of said
court and consequently made and en-
tered into the stipulation which is ON
file in this cause correcting said err
rors; That some time thereafter
was served With n motion 10 dismiss
the appeal IN said cause for the rea-
SON that said case made was not true
and correct and that | az the time OF
hhe service of the motion was very
husily engaged in other practice and
had already received notice from
the Honorable Clerk of the Supreme
Court Of Oklahoma Territory adyis-
ing me that said cause had been con
tlnled for the term and did not there
fore rosd said section to dismiss said
appeal. but merely accepted service
Gf the same. and placed the same on
my files for lunro a tion
! did not know said motion con.
tanned an allegation Supported by az,
fidayit of one S. A. Horton, that the
record had heel materially changed
since the signing and settling of The
same by the trial court until after /
saw the article in the Aforesaid OKLA