The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1913-04-28
Criminal Court Of Appeals Orders
Mrs. Rivers Released on $lO,-
900 Bond Will Be
Furnished
DEFENDANTS HEALTH
GIVEN AS REASON
Decision Rendered BY Court this
Morning and Mrs. Rivers Ex-
Pected to Leave Jail Tuesday
Doctors Statement

Mrs. Emma Rivers, charged with be.
ing one Of the principals in the muir
der Of Sherman Woodward and con.
fined III the Grady jail since her ar-
rest, is expected to leave the county
bastile tomorrow under bond furnish.
ed By friends.
According 70 decision of the criminal
court Of appeals handed down at Ok.
@lahoma City this morning. Mrs. Rivers
is ordered released auder 10000
bond, which her attorney stated would
be furnished probably before noon TO-
morrow
Following her preliminary trial be-
fore Justice Moore. Mrs. Rivers was
ordered held without bond and Judge
Bailey Of the district court declined
to modify this order. Attorney Riddle
then carried the case to the higher
court, hearing being held last Fri.
day
Judge Holding said this morning,
Judge Doyle told Mr. Simpson over
the phone this morning that the court
allowed bona for the defendant solely
'on account 81 the condition Of her
health The opinion IN the case was
written BY Judge Furman,7
DR. l. z Emanuel who made mn af-
fidayit concerning the condition Of
Mrs. Rivers. states that he was mis-.
quoted in the report appearing satur-
Gay IN his affidavit DIT Emanuel says
be finds Mrs Rivers suffering from
certain malades that viii result in 4
more serious condition unless releas.
ed from confinement He adds. Il also
find an excited condition Of the heart
and nervous system which will be con.
. siderably aggravated li continued to
be confined and would probably result
in general and permanent impair
menl Of health"
The affidavit contains no reference
az al 70 TIE sanitary condition of the
jail 81 consider the sanitation Of the
jail as good as It could be under ihe
conditions and probably above the az.
efage in the state, said Dr. Emanuel.
The affidavit Of VI. c. Blackstone.
referred % Ia Saturdays report re-
lated sholiy 10 the time a certain pie
: ture was shoHa at the Kozy theater.
another witness teslifylng that Mrs
Rivers was at the theater at the time.
a copy Of the opinion OF the court
OF appeals was received by District
Clerk Newman at noon and reads as
follows
This application is made upon two
grounds. First that the proof is not
evident or the presumption great that
petitioner is guilty OF the crime OF
which she is charged Second, that
petitioner is afflicted with chronic
disease which has breen greatly az
gravated by her Imprisonment aud that
her continued confinement IN the
county jain Of Grady county pending
her final trial upon said charge win
result in serious and permanent i'm
pairment Of her health
This court expresses no opinion as
to the guilt or Innocence Of petitioner
Dat upon q consideration Of the entire
record III view Of the health Of petit
toner The court is Of the opinion that
she should be admitted to bail in the
sum OF 10000 1t Il therefore ordered
that the application for writ Of habeas
corpus be sustained and that petition
er be admitted to bail in the sum Of
$4,000 to be approved by the clerk
Of the district court OF Grady county =
----------rs
MEMORIAL HOME BENEFIT.