The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-03-25
KENYON EVIDENTLY
NOT A FUGITIVE
so HOLDS DISTRICT JUDGE. AND
TEXAS OFFICER GOES HOME
ALONE.

"Beforc any citizen OF this state
can bc taken ont Of this state into
another state o. answer 70 a Grim
inu charge and the matter a
brought before mc on habcds cor.
pu-. YOU must satisfy me as Ions
as am judge, That such % proceed
ing is legal. NO matter whether tie
mau be- white or black. or what
ever hi, color" said Dist. misc
Russell yesterday in summing mp
his decision 600 the matte a. ,hc
application oil G.. A. Kenyon tine
principal ot tho negro schools Of
this city. whom the sheriff ot Delta
county. Texas. was ocekip- e. ho.1
and take back to Texas ON q war
rant charging him with com't lty
in the crime of arson.
This is the case wherein she 1.tru
lawyer. =. : r. Brown, lorweriy ot
Nrdmorc but now "a Okllioln CIV.
had rather narrowing experience.
lie went to Cooper. In Delta county,
Texas, to act ne attorney i'i the
man charged with the crime, ant
after a consultation with the shcriff
and the prosecuting attorney he Wa
set upon by mob ct some iiitN
persons and here is a sample Ot the
few things they did to him, as rec
lated By Brown on the stand yestcr-
day.
"Thcy threw bricks and stones at
me The run mc down the railroad
track about mile. I became eX-
hausted and fell Then they beat me.
cuffcd me over the head, stuck a
knife in my arm, In my back and
in my hand aud in my face. Finally
man took his leather belt off, put
it around my neck, pulled 1t tight,
and sized it back and forth and
jcrlled and ierked and jerkod my
neck until became unconscious
After hearing the evidence in the
application for the writ, Judge Rus
sell discharged the prisoner. holding
in effect that he was Illegally re-
strained Of his liberty, inaemnch as
the evidence showed that Kenyon
was not in Texas at the time the
crime was alleged to have been com
mitted and had not been for three
years past, therefore could not be
held upon Il warrant which charged
him with being fugitive
Il don't see what option the court
. has in this matter" said Judge Rus
sell from the bench. Under the
/ proof here undisputed and under the
/ law here unchallcngcd, as shown i'm
/ the decisions submitted from the
/ highest courts in the land on down
throcgh the various states. it Is
clear that il man has not been
in the demanding state--was not
in the demanding state at the time
of the commission of the crime. and
has not been there since-that he
has not fled from that state i'm which
the supposed offense was committed
and therefore he could not be q
fugitive from that state, and IL is q
PECULIARLY OF the Law that he mus
be a fugitive before he is amenabl,
to arrest and eXtradition.
Il will say frankly that as see
this matter now, 1t is the duty O
this court, or any other court tha
intends 10 obey the laws Of the lant
and recognize the rights due to cit
izens, whatever their color or condi
tion. under all the circumstances
one with thc Uther-it would be tn
duty OF any court, | say, If the,
want to respect the decisions Of tn
highest courts in this land and th
constitutions of the United state
and of the state of Oklahoma to rt
lease "A man thuss ituated from wha
the court believes TO be- an illega
detention. The relator is discharged.
\ great deal of interest was mar
ifosted in the case and quite
crowd of Kenyon's friends anon
. the negroes, men and women, wer
/, present in the court room and afte
! Kenyon's release they pressed aroun
! him a. he left the court room vol,
| iug thair panpratu1atipu-