The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-21
WILL BARNES BE lMpsAcHEDs
tcontinued from Page ~

open court to County Judge j. c.
Strang last evening at G.05.
The jury weighed the evidence for
two hours.
Mayor Barnes together with ]. II.
Queen, Jonn Householder and Henry
Tearney we're arrested upon imfor.
nation tn,st they we're playing and
gambling for money on the evening of
the 18th day of May 1908. in room
underneath the lone hotel
The four persons were arralgne1
"Wednesday morning May 2Oth before
County Judge Strang and each gave
bail in the sum Of $500 On Mon lay
May 25th they we're arraigned.
Queen, Householder and Tearnny cacn
entered plea Of guilty and It Deing
their first offence Gin that cour1
were fined $50 each and costs.
Mayor Barnes entered plea Of not
guilty. His trial was held yesterday
afternoon. County Attorney James
Hepburne prosecuted the case.
The following witnesses testified:
l.. ID. MuNlow, Geo. Gaffney. A. f.
Humbarger. J. Evans and Tod War
den The witnesses swore that they
saw Barnes sitting at table with
Tearney, Queen and Householder with
g stack OF chips in front of him and
some cards in mis- hands; they saw
money pass over the table for chips;
they saw the game in progress with
Barnes participating.
Muxlow was sworn as an expert
and told the court how game of
poker was played and it corresponded
to the gam ethe witnesses testified
as having seen.
EX-County Attorney Frank " Nc
CURE represented the defendant The
Mayor did not testify himself ami no
witnesses We're introduced i'm his be.
half
A plea was made by Mcclure and
ne also made an argument to the
jury alleging that the game was
ping pong and that Barnes never
gambled.
The mayor secured thirty davs
leave OF absence from the council last
evening and left on the early morning
train for Michigan for his health.
County Judge Strang stated that he
~olh not pronounce sentence until
the mayor returned. Attorney Nc
Guire sail that ne was not authorized
to state whether the case would be
appealed or not but rather thought
this would not be done. County At
torney Hepburne conferred with AS.
sistant Attorney General f. G. Sppil-
man this morning with reference to
the proper action or procedure to be
taken by him in the removal of the
mayor from office
Tne mayor was prosecuted under
the Following section of Wilson's An.
notated Statutes OF 1908 in regard 10
gambling, which is as follows:
Section 262S of Wilson Sta
tutes OF 1908 on gambling is
as follows:
Every territorial district.
city, town, village, county or
township officer, who shan
engage or participate in. or
who shall assist or encour.
age any other person or per.
sons in any King of gambI-
ing, whether the same be by
cards, dice, dominoes oilli-
ards or any game of chance.
or a gambling device. by bet.
Ting money, property or other
lnlhgs ot value In such game
OF chance or gambling levice
such officer shall be deemed
guilty Of a misdemeanor. and.
upon conviction thereof shall
be punished by fine of not
less than fifty dollars nor
more than five hundred dol.
lars, and shaiY DC adiudged by
the court having Jurisdiction
thereof. TO have forfeited his
office and nis office shall
thereupon he declared vacant.
Under section t2 article 7 Bunn's
Annotated Constitution Of Oklahoma.
Assistant Attorney General Sppilman
holds the county court has no iuris.
dlctlon against officers for miscon-
duct in office. He advised the county
attorney 90 bring an action i'm the
district court setting forth the convic.
tion of the defendant in the lower
court on the charge Of gambling and
on that grounds ask for his removal
from office.
lac defendant will be given an op.
portunity should he enter a plea of
not guilty to the accusation to a trial
Jury and If founi guilty it Is the duty
OF the district judge to issue an order
declaring his office vacant.
uuon sufficient evidence showing
under the statutes made by the county
attorney the district judge can sus-
pend an official from office pending
the hearing of the case.