The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-03-11
USED A BOLO TO
CLEAN FINGER NAILS
Defense Of Filipino Native
In Murder Case Against
Private Grafton.

lBy AasecIatad Press.l


Washington, D. c.. March 1f.--Army
circles are greatly interested liz a case
2 come before the United States SUI
)reme court this week, when that
riBenal will be asked to.set aside
ierdict Of the sapreme co1rt Of the
Philippines. wherein the action of
Amor cCurt, sentencing a private sol
lier, Homer Grafton, to twelve years
n the penitsntisry, was upheld by
he supreme court of the islands The
sdse is a peculiar one aIF involves
many-legal points.
Homer Grafton. a private in com
'any G., of the Twelfth United States
Infantry, was, on July q, 1904 doing
entry duty in the little village o.
anto Rosario, Ilo Ilo, p. I. 1t was
unday and the natives seemed nm
sually restless and troublesome and
oat loads of the women of the islands
ad been departing all day leaving
My the men at home The small
ompany OF soldiers in charge Of thf
lllagc were a little nervous and Pri
ste Grafton loaded his rifle end kept
is eyes open.
Towards evening ne noticed two
flipinos slcrching towards him In g
uspicions manner and saw one of
hem draw a large bolo knife and slip
up his sleeve Grafton, not desir-
~ to have any trolble with them,
rossed the street and tho two men
lso crossed over so as to meet him
| he soldier waited then until the two
| aen were very close to him, when he
| laims he saw the man with the knife
| lake a motion winch warranted i'm
| iediate action so he raised his rifle
1 nd fred, killing the man with the
l nife, and quickly reloeding his gun
Il ie fred and wounded the other man.
The shooting caused trouble among
l he natives, who demanded the life oi
he soldier. Judge McCabe, Of the
curt OF first instance. refused tf
andie the case. stating that II was
trictly military case and out of his
Jurisdiction. A court martial was az
ordingly convened and a board OF
rmy officers found Grafton not
oilty of murder and he was freed
from arrest.
The natives were not satisfied anl
he matter Assumed political signif
ance among the islanders and ciyi
l ppointees, and Judge Henry c. Batei
md justice of the peace named Ross
ogether with some natives, got up {
complaint accusing the soldier OF as
assination. The case was tried be
ore Judge Bates and Captain Clar
nee Nettles Of the United States army
efended the soldier. He challenged
he Jurisdiction of the court and In
listed On a trial by jury and was over
uled in both Every white witness
las for the soldier and the only wit
lesses against him We're two native
Tho. according to testimony taKeg
previously, had denied any knowledg'
II the facts in the case. Grafton wa'
)und gpnly of manslaughter AM
entenced to twelve years in the peni
entiary II was argued that the na
1 i've with the bolo was using it e
lean his finger nails
l The case wss carried TO the 81
rene ccgrt. of the Philippines an'
vas upheld by a bare majority, TIL
estimony taken by the army makes
olume OF several hundred pages
Iajor H0cghton. chief OF the law de
artment Of the general service ami
taft college at Fort Leayenworth, hal
si,en deep interest IN the case an'
18th the assistance OF others hal
aised funds with which TO prosecute
he case IN the supreme court OF th'
nited States.