The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-01-23

StOH Oh ferTy, was IN tne Kranu
jury during its deliberations and the
defcnscc aimed ne was there without
authority. He was sent to sulphur
as special assistant attorney gen
eral. Judge Rossar stated that mas
much as Judge Mcmillan had made
an order authorizing Mr.. Johnston
to appear In the grand jury room
he had right there as such action
constituted him county attorney,
charges then being made against
the regular county attorney. Mr.. u.
+ Cory. After the motion TO quash
was overruled the defendant filed
demurrer which was also over
ruled by the court
The court then made an order that
scventy-five names should b. drawn
from the jury box. which number
of jurors were summoned to appc
on Friday. Friday morning, the li'h
inst. the trial OF the case proper
began with the selection o. the
Jury. The entire day was consumed
In 5elccting jury and on Satur-
day. following. the state began tax.
INK testimony.
This case has been one of t,Ie
most noted In this section of the
state. Many questions arose for which
no preced INT could be found. MI
merous charges were made against
the sheriff, the most serious of
these being that Deputies White
and Mills had had an unlawful agree
mcnt with bootlogger3. under which
agreement various bootleggers were
paying a sum of money each month
for such protection as the deputies
were able TO give them against
raids. seizures and arrests, and also
that the deputies and bootleggcrs
stole large quantities of contraband
whiskey which were stored in the
shcriffs Office. Other charges were
made. there being seven In all.
The testimony was long drawn
out. there being more than two hun.
dred and sixty thousand words. 1t
was claimed that MIR. Maxwell had
been informed and knew about these
arrangements or could have known
by proper diligence on his part.
This testimony was given by men
who have been In the whiskey bus
mess and the state had to rely large
bootlegerrs to make out its case. II
was also shown that large quanti-
ties OF whiskey were shipped into
sulphur consigned to bootleggers dur
ing the year 1909 and that various
persons had the reputation OF run.
ming joints openly.
The state closed its case on We'd
nesday morning, the 18th. and the
defense had its inning. The deputy
sheriff. White, was put on the sta1
and testified that he had made no
such unlawful agreements. II was
also shown by the county Judge and
the county attorney that the sheriffs
office had been prompt in the per
formance of its duties. The defense
also showed that no complaint had
ever been made to the sheriff's
Office concerning violations of law
that had not been promptly inves-
tlgated and acted upon by all mem.
bars OF the sheriffs force and e..
nally asa climax Mr. Maxwell arose
from sick bed and took the testi.
mony In his own behalf His tesL..
mony was positive, direct and con.
ylncing Until the accusations were
made not a word OF suspicion was
ever beard against the good name
Of Sheriff Maxwell, and when ne
stat ID to the jury: Il have done
cN crything IN my power 10 enforce
the law II carried conviction to all
who heard It. The defense closed its
case Wednesday afternoon. There
Nas no rcbuttal Testimony and Judge
Rosscr prepared his charge which
was delivered TO the ju"y Thursday
morning. After this the entire day
was spent In the argument Nade by
counsel for the prosecution aud the
defense. Special assistant attorney
general Henry ). Johnston op1ned
for the prosecution In two horr3'
speech. He was followed by J. c.
Little In speech of two hours f.r
the defense. after which John Gas
tecl, W. VI. Lattlmer and G. u. Eman
uel made lengthy speeches At night
Mr.. T.. G.. MrAdams of Oklahoma City
closed for the prosecution in a speech
of more than two hours and the case
Went 10 the jury
As the defense had proved and the
state had admitted Mr.. Maxwell had
always borne n good reputation, and
a. the prosecution had failed to con.
meet him with any Irregularities, it
was generally believed that Mr..
Maxwell would be yindcated. Specu.
lation was rife and those who had
/ been interested In the prosecution
were freely predicting that he would
, be removed from Office.
Finally. after having spent the
entire morning in their deliberations
| the jury returned into court a verdict
/ OF not guilty" The court house had
/ been crowded at every stage of the
, trial. Every available inch OF stand.
/ Ing room was occupied until II was
finally submitted 10 the jury. when
/ the jury filed in Friday the great
crowd sat breathless To hear what
/ the decision was. Finally as the var.
diet was read We, the jury. find
/ the defendant. T. A. Maxwell, not
guilty upon the accusation as chsrg.