The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-11-21
KEPT FROM
PRISON BY
CUTE TRICK
Mans ASshitfce PASSED ~
Years Ago to 30 Served
After StOTk's Visit

"A wait of twenty-five wears for a
visit from the stork-and the bird
has not shown up yet--is the record
of the United States in the case of
Cap Cahay, a Bohemian. Cahay was
charged Oh federal Indictment and
convicted of being a sooner IN Ok.
lahoma territory is of holding
land on which he squatted prior 10
the official opening Of the territory
to settlement by proclamation of
President Harrison on Aprii %. 1883.
Any man who entered upon land.
prior TO the hour of opening. was cali
ed sooner II was pententiary
offense
Chris Madsen. now chief deputy
United States marshal here, was the
officer who arrested Cahay, more than
TWENTY-FIVE years ago, Madsen was
then a deputy marshal and serving
under the marshal OF the southern
Kansas district, with headquarters at
Wichita All OF Oklahoma territory
at that time, was attached to the
Wichita federal district, Madsen took
Cahay 10 Wichita and was the officer
in charge of the sooner during his
trial in the federal couri room there
before Judge Williams
II Was Strong Case
The case against Cahay was strong
and conviction was an assured fact
from the start Cahay's attorney. aow
ever was not TO be defeated so easily
He knew the soft heart of the pre-
siding udge man of religious tenn
permanent who would listen to tale
of woe, when it was well told IT
happened that Cahay's attorney could
teli such a tale well
Cahay's wife, Bohemian woman,
was one Of the main witnesses for
her husband She was ON the OklanO-
ma claim when her husband was an
rested and had followed him 10
Wichita. She played her role too.
in an admirable manner. Ii was not
difficult for the members Of the jury
and all the court attendants to OBJ
serve That the Stork was expected
to arrive at the Cahay home in the
near future In fact, the attention OF
the court frequently was called to the
fact by Cahay's attorney.
a Winning plea for Mercy
Cahay was convicted and Judge
Williams gave him a sentence OF two
years in the federal pententiary at
Leavenworth The attorney for the
prisoner dii not ask for new trial,
neither did he file a motion for an
appeal. He requested solely that
sentence be deferred until The ex.
peeted arrival Of the stork He made
an eloquent plea for mercy There
really was no good reason why the
request Should not be granted, and
Judge Williams consented.
The attorney for The defense had
bondsmen ready and Immediately Ca
hay was released on bond to appear,
according to the court order spread
on the records. whenever his wife
SHOULD be confined
Was Long Time Coming
Several years passed and no child
was born to the Cahays. Every year
regularly an inspector appeared IN
Oklahoma territory from WashinstQn
TO investigate the Cahay case and 10
learn when Car" would be ready 10
begin serving his Two years sentence
But The stOrk has never even h0Eefed
above the house and Jahay has never
served his sentence. While the de-
partments of justice and the interior
al washington fumed, and the inspect
ors investigated, Canay and his vile
lived happily and he became wealthy
Madsen was to learn in later years
that the stork never had a notion,
even when the trial was in progress
at Wichita, OF making an arrival az
The Cahay home The entire role as
sumed by Cahay's wife. was one pro
posed by his attorney and was
executed successfully. IL worked tol
a ''t" and Cahay knew All the time
that he was in no danger of going 10
The penitentiary. @
The woman had made up for the
occasion. just how there is no use
telling, Madsen declares that in his |
entire career as an officer having /
been connected with court duties for
more than a quarter of century, II |
was the one best trick he has ever
Known TO be put over successfully on
he federal government