The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-08-23
ONLY EXECUTIVE CLEMENCY
CAN PREVENT EXECUTIONS
Jim" Wilkins and Harry Arm
strong Under Death Sentence
for AtTOCiOuS Crimes

Unless executive clemeney is eN
tended, Harry r. Armstrong. found
guilty OF numbering Isaac T Fell
near Otoe station, in Noble county
and Jim Wilkins, a negro who was
convicted at LaWon i'm 1905 for muir
dering Jim Wilson, another negro,
at Naurika, as the result of a row
over crap game, will be legally eX
ecuted, i'm pursuance of the decisions
Of the criminal court of appeals al
irming the death penalties imposed
by the trial courts.
District Judge William BoUles at
Perry set May n as uhe date for
Armstrong; S execution, whioh was
stayed by an appeal being taken 90
the criminal court of appeals. and
under the mandate of The court issued
today in affirming the death penalty
viii be given the opportunit5 OF sci
ting a new date for the execution
Believe Jury Did Their Duty
The Two death sentence opinions
We're handed down this afternoon bl
Che criminal court Of appeals presid
ing Judge Henry NJ Furman in an
opinion affirming Judge f. Il Gillette
Of the district court of Comanche
county in sentencing Wilkins to deata
or The killing of Wilson in a room
ing house at Waurka by shooting
aim down in cold blood with a re
y0lyer without warning The affray
grew out of a quarrel over craI
game which occurred earlier in the
evening The only question raised In
appeal was the suificiency of Che ey
deuce to sustain thc verdict Three
negro women who were I'm the roon
with wilkins were eye-witnesses tt
the tragedy. The court in passing
upon the case says:
We fail to find anything in the
record which would authorize us to
listurb the verdict We believe the
jury did their duty
Crime Of Appalling Atrocity"
Judge Y. NJ. Doyle, in aflirmine
he death sentence imposed upon
Armstrong, handed down lengthy
opinion in Which eyNy issue raised
in The case is discussed in detail
Armstrong Was indicted iointl,
with Albert Mitchell on the charge
f numbering Isaac T. Fell, a prom
ngnt farmer. near Otoe station, on
December 19, 1903. The murder /.
said to have been one of the most
brutal ever committed in Oklahoma
The sole purpose OF the killing be
ing to secure FelIs team of horses
and an old wagon Judge Doyle al
the outset of his opinion says.
This was a crime OF appalling
alrocity"
Fell, who was a hard wording
farmer, resided with his wife and
three children of tender age ten
miles northeast Of Perry. near Otoe
station where the tragedy occurred
Albert Mitchell. who was adjudged
insane by a jury during the trial OF
the Armstrong case and who is now
IN the state insane asylum, worked
for Fell a few months before the
killing
The evidence showed that Arm
strong had visited the home of Fell
while the latter was working al
Place tWent miles distant, and IN.
luired Of Fell's wife where her hus
band was and whether he had his
team with him or not, ana whether
he had taken his gun with him The
evidence further showed that Arm
strong and Mitchell laid i'm wait for
the return of Fell TO his home fo'
shree days. camping net far from
fells home and that Armstrong haG
told George and Fred Ward that he
intended to get Felrs team or kill
him before he left the vicinity.
The Crime.
Fell returned home the night OF
December Is to visit his family and
the next morning started to return
TO where he had been working Arm
| strong and Mitchell lay in wait for
/ him a mile east of Fells home and
after he had passed drove after him
/ about eleven o'clock in The morning
Fell was taken unawares from the
ear aud was held a prisoner until
four O'Clock that afternoon, Arm
erong tying Fell's hands toENtnar
with pieces Of barbed wire, after he
was c0mpclled TO sign an order di
reoting his wife to turn over to Arm.
strong a set Of harness. Armstrong
went 70 Fell's home and got the har-
ness, later returning and in cold
blood shot the prisoner in the head
with a forty-four calber pistol He
compelled Mitchell to help put Fell's
body in the wagon and covered II M
with blanket Armstrong and
Mitchell then drove seventeen miles
| to an old deserted we'll, half a mile