The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-09
STATUTE OF LIMITATIONS
OPERATES AS TO CONNIE
Defendants are Charged with
Obtaining Indian Lands
Through Fraud

w l. Chapman, L. G. Grimes and
a. T Brown must so to Mexico to.
stand trial on charges of defrauding
Kickapoo Indians Of land in OKaho-
ma unless they can secure writs Of
r&teas corpus Il. c Conine, a par
ty to HE examination here. was re-
leased because the statute of limita-
tion operated in his case. Commits.
sioner y NJ Tibbtts reported his
hnd'ngs last night and the three de-
PENDANTS were turned over to Unite0
States Marshal Chris Madsen
This is the end, so far as the
courts here are concerned, of the eX-
tradition case The civil cases
against these defendants and Others
have already been decided against
all the defendants by Judge otteral,
and the land said to have been obtain
ed largely by fraud reyerts to the
government in trust for the Indians
The hearing before Commissioner
Nibbitts was commenced four months
ago The record. compiled By Ste
nographer r. A Higgins, is monu.
mental work. The case was hard
fought from the first John arrett,
originally indicted, was released
early in the hearing
To Mexico for Trial
The three defendants are to go to
the state Of Coahuia, Mexico, to stand
trial ON indictments returned against
them there alleging forgery and other
fraudulent methods were used by
them to obtain deeds to Kiekapoo In
dian lands near Shawnee, the Indians
being at the time in Mexico. DR.. r.,
= Conne Of Shawnee, was discbarg-
ed from custody because Of the Mex
lean statute of limitations Barring
prosecution.
The four defendants, with their at.
tOrney b. b. Blakeney of Shawnee,
were IN the federal court room while
the decision was rendered. as was also
Francis j. Kearful OF San Antonio,
Tex, the special United States at
tOrney general who prosecuted the
,ases. Immediately Mr. Blakeney no.
tilted the commissioner that he will
apply at once TO the United States
Circuit Judge Cotteral for a writ OF
habeas corpus, permitting the trio to
give bond, and also asking their
permanent release from the charges
against them 1t was suggested that
Chris Madsen, United States marshal.
furnish a deputy to guard the trio at
a hotel, but it was explained by
ATaIgpt, =.
lations he could do nothing but com.
NIT the prisoners to Jail They were
taken to prison Immediately. Blake
rey also will file a petition for a writ
of certiorari. seeking to hold up the
eXtradtion order until he has eX-
housted all legal methods in the
courts, includisg, il is understood, an
appeal to the United States supreme
court if necessary.
Conine Says He Will Be There
DR., Conine said Tuesday night:
Even if have been released by the
court if the other boys must go to
Mexico for trial, | win be there at
the same time and take the results
with the rest Of them
Because Of the existing revolution
i'm Mexico. it is believed here the
order of extradition will perhaps not
be pushed until the war is over.
Following the rendering Of the de-
cision, there was long coloQuy be-
tween Bakeney and Commissioner
Tibbitts relative to the latter'e find
ings, it being contended by Blakeney
that under the findings the defend
.asts should all be released The com.
missioner held firm to his conclusion,
however that on the evidence they
should be held for eXtradition Mr..
Blakeney expressed the sentiment
that because OF the serious ccnse-
quences and results Of eXtradition he
desired to take every legal course
In behalf of his clients. Both Com
missioner Tibbitts and Attorney Kear-
full also stated they did not want to
submit the defendants to any unnec-
essary hardships
Tibbitts reports his findings direct
to the secretary Of state at Wash.
ington but II is understood this will
not be done until Judge Cotteral
passes upon the petition for habeas
corpus and a certiorari Otherwise
there would be no records OF the
case here The evidence alone covers
Z,7S0 typewriter pages.