The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-10-26
Rathbone is Discharged by JUS
ticcVance Following Pre-
liminary Hearing Five
Witnesses Examined
HOLDS SHOTS FIRED
IN SELF DEFENSE
Evidence Tends to Show Firat
Shot by Lockett Defense
Offers NoTestimony No
Arguments Made

AT the preliminary hearing OF the
case OF the State OF Oklahoma vs. W.
G. Rathbone charged with the murder
OF Jesse Loskett on the night Of octo-
Der %, 1912, held before Justice Vance
in the district court room Friday aft
ernoon, the case against Rathbone was
dismissed and be was released from
custody
For the state, five witnesses were
introduced. the first TO testify being
Jim McRea who testified substantially
as follows.
n saw Jess Lockett on Wednesday
night on chickasha avenue. Was
standing on the curb in front Of El-
iiott'a barber shop talking with Rath-
bone when Lockett, Jay Cordcll and
Anderson came UP the street and walk
ed BY. After they had passed about
five or six feet Lockett turned and
addressed Rathbone. saylngt Tex,
come and have something to cat, to
which he replied NO ] don't want
anything now Lockett then sa4a:
You d. h you better 90,
and Immediately pulled a gun from his
.fousera snd shot in our direction !
was only lwelve or eighteen inches
from Rathbone at the time the shot
was fired and jumped out Of the way
into the street. running across the
street. 10 get ont OF the way OF the
bullets Raihbone started towards
Lockett and commenced shooting
don't know how many shots We're fired
After the second or third shot was
fired they seemed 10 get away from
each other There was an interval be-
tween the first and second shots OF
about a second Lockett seemed tC
reel and stagger ssier the shot ilret
by Rathbone. but cannot say whether
Il took effect or not When the frs
She was fired Corden came up the
sidewalk and was next to the build
ings. They hesiU,ed when Lookot
asked Tex to 90 have something q
eat When lhe shooting commenai
Cordell ran around d cab standing p
the street. Don't know when Cordol
was shot or where he Went Don
remember seeing anyone else thar
those named a tie lne q The shoot
Ing. was coming from The olub room
when I flrst saw Rathbone He toll
men something Of the difficulty D.
had with Lookett asked him il IA
had quit and he said No, but
looked ike there might be some tro'
bic If worked with those boys
(meaning Ioekett and Cordell an
that he thought he bad better gu
than have any trouble. Rathbone sal
nothing about being prepared to NEE
Lockett and ! don't know whether h
saw Lockel, before lie came up
where we were or not Rathbone sal
he was going 10 bed pretty soon. Ate
the shooting Rathbone came out fro
the lobby Of the Majestic theater an
ran east on chickasha avenue. wa
then in front Of the fair store. wei
across the street and went west
Chickasha avenue and saw Tex vii
two policemen very few minut
after the shooting Did not examil
the body Of Lockett TO see where
was shot ! walked down and SO
Cordell and then went in front Of 3
& Johns restaurant and saw Locke
some enc said he was not dead "
He was lying on the sidewalk abe
twenty feet from where the row sta
ed. / just looked at him and walk
away. Tex had an oyercoat on a
was standing with his hands in
pockets Loekett was within six
eight feet of him when he fired
first shot Rathbone then approach
him and fired
On cross examination by Mr. BU
McRae stated that there was just u
to distinguish between the two She
though they could have been fired
ter than they were, indicating by cl
ping his hands that there was an
terval Of about one second. AZ
Rathbune fired hockett reelod zip