The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1922-01-10
Logsdon will Hear
Motion For Trial
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Continued from Page One)
fore next Monday when the custer
case is to be heard.
Judge Champion said he could not
see a long trial in which many wit
nesses would be examined and that
time must be had in order to serve
processes.
Defendant Has No Preference
Attorney Brown said the state was
not required to go to trial in the
January term, of court, that the de-
fendant had no rights superior to the
rights of other defendants, the court
that comes to hear the custer proceed.
ings will know when TO set the case.
1t was argued by Mr.. Brown that
the January term Of court according
to law opened the first Monday in
January and Judge Champion held
that the January term proper did
not open until January 16. This is
important for the reason that the
proceedings shall be tried at the next
term of court following the filing OF
the proceedings. However, Mr.. Brown
stated clearly that there was no ef
fort being made to postpone the case.
that as far as he was concerned he
would like to try it next day, but
the people have some rights In the
case, they will never be satisfied ana
the trouble here will never be cleared
up until the people know that there
has been a fair and impartial trial
Mr.. Brown stated that the trial was
brought under a special law that con-
fers all power upon the Attorney Gen
eral. He said this court is not the
proper court to set the case and that
he did not care to state the reason
why just at this time.
Oldfields Instructions Cited
j. B. Champion stated that Judge
Oldfield was not assigned TO Ardmore
to hear the custer case against Sher-
if Garrett That the order Of the
Chief Justice assigning Judge Oldfield
here stated that he should convene
court here January II and that he
should remain here one week and
that the Garrett custer proceedings
are set for the 18th. From the re-
marks made at this time it seemed
that the attorneys had not read
the order under which Judge Oldfield
was assigned here and it was just
being taken for granted that Judge
Oldfield would preside in the case
Mr.. Champion stated that no Judge
would be assigned here until Judge
Champion and Judge LogsGon were
both disqualified and that at this
time neither one Of them is disquali'
fled.
Russell Brown was persistent in his
contention that the court not sci
the case for hearing. 'If It had been
thought there was a chance for this
application to be before the cour'
this morning. he said, there woulc
have been proceedings filed in th'
Supreme Court. The object OF TINS
hearing is to head off suspension
Judge Champion said the Supreme
Court was not this court, that TINS
court had its duties to perform, tha'
no effort was being made to rusf
the case and that all this newspaper
talk about taking the bull by Tho
horns was bunk.
Guy Sigler said he would serve
notice on Russell Brown In oper
court that they tGarretts attorneys
would not be ready TO try the custer
proceedings unul the Attorney General
is ready to go TO trial in the fina
trial
Following conference OF Sherifl
CARROTS attorneys the court passed
the case until l:30 this afternoon.