Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-08-06
OFFICER HELD 70
District COURT
JUDGE LITSON FOUND HE WAS
SUFFICIENTLY GUILTY.
ARGUE The entire DAY
Bond Is Placed at S5,0O0-Malloy
Makes a Mastery Plea
Trial This Fall.


manslaughter in the first degree has
been committed, and finds that John
Moran Is sufficiently guilty to be held
for the District Court"
Thus decided Justice of the Peace
Lltson, presiding over the preliminary
hearing of Asslstan Chief Of Police
John Moran, charged with killing
VIII Woollver whne the latter was
trying to escape after being arrested
on n charge Of horse stealing. The
court handed down his decision at 4
O'Clock yesterday afternoon shortly
after County Attorney Pat Malloy had
closed the states final argument,
Tho decision was very we'll received
by the imemnse throng that filed the
court room, and any expected dem
onstration did not result Most of the
spectators left the room amid a hum
Of animated conversation while 9TH
ers lowered about the Judges bench
to learn what bond would be set for
the defendant.
Immediately after the court an
nounced the decision, Attorney Tucker
chief counsel for tho defense, leaped
TO his feet and asked to know on
what grounds the court held Moran
on a charge OF manslaughter in the
first degree? The counsel claimed
that under no conditions could the
offense be classed under manslaught-
or in the first degree. The court, how
ever, would not change his decision
The question OF bond was then
taken up, and the court stated that
he would set the bond at $1,000, Just
half the amount OF bond under which
Moran has been allowed his liberty
since arrested. The county attorney,
however, agreed that the present bond
be allowed to stand until Monday,
when the attorneys for both sides
will get together and make the bond.
County Attorney Malloy intimated
that he was not satisfied with so low
n bond and would ask for a higher
one Monday.
The sensation Of Yesterdays pro-
ceedings, the third day, aside from
the decision OF he court, was the
closing argument Of Prosecuting At
and i've minutes Mr.. Malloy argued
in what was probably the most elo-
quent appeal ever made in the his
tory Of criminal trials In Tulsa Coun-
ty. The effort was a masterpiece In
oratory, and the crowded court room
was held spell bound by the magnif-
icent flow Of language.
His arra'gnment OF the prisoner
was not so severe as some anticipated
1t would he but at that Moran did not
escape unsoathed.
"Mr. Moran Is my friend" said the
prosecutor, but when It comes to
enforcing the law, friendship must
cease. In a case OF this kind, II Is
impossible for one not to have some
prejudice on one side or tho other,
but the attorneys and the court In this
case must steel their hearts and face
the issues from n legal standpoint
and not from n sentimenal one. My
friend. Mr.. Tucker, wishes to know
who demands that this action be
brought; who Is crying for the pound
Of flesh?
81 will tell him. It IL the state OF
Oklahoma crying for justice, crying
that the taking of human life be
punished. I represent the great state
Of Oklahoma, and am proud 10 do
so. The state demands that the un-
iustIhable murder OF VIII Woolver
be punished, and that the defendant
John Moran, be bound over to the
District Court, II this court holds
that the shooting was justifiable, then
the state Of Oklahoma will bow to
that court
The state bases It's claims on three
points: That John Moran was guilty
OF gross negligence when he allowed
VIII Wooliver 10 escape; that he did
not believe beyond n doubt that VIII
Wooliver was guilty of stealing that
horse; and that he did not avail him
self Of every other means to capture
Wooliver before he fired the final and
fatal shot
"1f the court believes that the state
has proven these things, then the
court must hold the defendant to an
swer for tho crime"
Mr. Malloy then traced with del
hoate touch the evidence on each
point and with an almost inimitable
flow of eloquence made the case for
the state.
Early yesterday morning, with the
rain falling in torrents Judge Litson,
accompanied by the defendant and
the attorneys for both sides, tramped
through the wet to the scene where
the tragedy occurred and Viewed tho
lay Of the ground. Mr.. Moran again
went over the exact course followed
by himself and the deceased on the
morning Of July 2s, when the tragedy
occurred He showed the court where
he drew his gun; where he fred the
first shot: the second shot, and where
the deceased fell. The court was also
shown that from where Moran stood
he could see no brush nor was there
any brush close to the spot where
the dead man was found This fact
was used to good advantage by tho
prosecution In the arguments.
At 10 o'clock the court returned to
the county court room and the trial
was resumed.
Assistant County Attorney Luther
James opened the states case In n
forclble manner Mr.. James for thirty