The Liberal democrat. [volume] (Liberal, Kan.) 1911-1924, 1916-12-15
THE Weeks NEWS
IN OKLAHOMA
CASE OF NEGRO, CONDEMNED TO
BE HANGED, LOST IN LEGAL
TANGLE.
OTHER NEWS OF THE STATE
Little Incidents and Accidents That Go
To Make Up a Weeks History
of a Great Common
wealth.

Oklahoma City.-The case Of Kid
Kelly, negro convict in the peniten'
tiary at McAlester, whose peculiar
legal status, said to be without equal
in the country, has attracted more
than local interest, may be brought
before the supreme court of the United
States,
| Convicted Of murder, before state
hood, in what is new Johnston county.
ana sentenced ~ q territorial federal
judged to be hanged by the neck until
dead, Kelly was committed to the peni-
tentiary II MoAlester, where he hos
since been held under sentence OF
execution, but NO court, Judge or gov
ernor Is willing to assume jurisdiction
OF authority to direet his execution,
commute his sentence or pardon or
parole him.
Courts Only Discretion.
Attorneys for Kelly filed habeas cor
BUS proceedings before the criminal
court of appeals and they were told by
| Presiding Judge Thomas H. Doyle
that there was only one thing within
the power of the state to do-to direct
the sheriff of Johnston county to hang
Kelly-which Judge Doyle and Judge
J. r. Armstrong, two Of the three
members of the court, have steadfast-
| ly refused to do. The court has NO
alternative, they say, the present
status of the case, and the fact that
the statute of limitations has run,
precluding the court from reviewing
| the record, as is customary in such
| cases.
To attorneys for /e negro, Judge
Doyle suggested they bring habeas
corpus proceedings before the supreme
court of the United States, Kelly hay
ing been convicted in federal court,
| it being subject to review by the
supreme court of the United States.
This may result in settlement of the
perplexing questions involved in KEEL
lys case, and 1t is understood his at
torneys are preparing for their last
stand before the highest tribunal in
the land.
7 Travelled Long Court Route.
Kelly was convicted Of murder in
the territorial court for the southern
| district of Oklahoma just before state
hood. The case was appealed to the
United States court of appeals, sitting
at McAlester, and the conviction and
death penalty were affirmed. Then an
appeal was taken to the United States
circuit court of appeals, sitting at st.
Louis, and that move is responsible
for Kelly's present uncertain status,
4 which may ultimately lead to his ex-
ecution or Communication of his SEN
tence. Little hope is held out for
pardon or parole.
While the cases remained on the
} docket of the St. Louis court, Okla
i homa was admitted to statehood and
then followed abolition of all terri
torial federal courts, including the one
in which Kelly was convicted, and the
institution of the states judicial sys-
TEN.
| Case Finally demanded.
Time went on and tn court of St
Louis sent the record Of ne cast back
to the supreme court of Oklahoma
and it was by that court turned over
to the criminal court of appeals,
neither of the state courts assuming
jurisdiction.
At statehood the criminal court of
appeals was vested with jurisdiction
over all federal cases, which, at the
time, were open and undecided and its
Jurisdiction on finished or closed cases
was limited to directing execution OF
court mandates.
Undaunted and still clinging to
hope, Kelly has kept up a veritable
bombardment Of appeals to governors
and the pardon and parole officer for
something definite in his case.
II, in the end, Kellys life should
be taken, he will be hanged and not