The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1922-01-17
STATEW WINSFIRST
POINT IN CUSTER
HEARING TODAY
Cases Against Other Three
Defendants Not Taken
Up Before Oldfield To-
. day; Judge Rules to Let
Fulton Call Witnesses.

The state won first victory in the
custer proceedings against Sheriff
Buck Garrett OF Carter county when
Special Judge Il. d. Odfield in district
court here today overruled an objection
OF the defense and allowed Assistant
Attorney General Elmer Z. Fulton
TO proceed with introduction OF testi-
mony in support Of his motion that
temporary order be issued suspend
ing Garrett from office until the case
is brought to trial.
The proceedings today are merely
n hearing OF the petition against Gar
rett, seeking his removal on four
counts charging misconduct in office,
and are regarded as paralleling in i'm.
portance the preliminary hearing in a
criminal case. While the case was
thought by some to come under the
criminal code, Judge Fulton explained
this morning that 1t is a civil action
or what Is commonly regarded in legal
circles as "quasi-criminal" proceedings.
Custer action against w. d. Hig.
night, Ardmore chief of police, J. II.
Langston, mayor of Healdton and N.
A. Nem) Bates, chief of police of
Healdton was not touched upon to.
day and 1t is thought likely they
will be taken up separately. These Of.
flcials are charged with disconduct in
three counts.
In his argument for Garrett's sus-
pension. Judge Fulton cited numer.
Gus authorities and declared that Il
would be impossible for him to try
the case II the court refused to sus.
pend the sheriff. Justice cannot be
done in the case" Judge Fulton said,
so long as the defendant remains in
office"
Numerous witnesses whom no had
questioned during his investigation
of more than two months in Carter
county, the assistant attorney gen.
eral said, had declared they would not
testify at the trial "if Buck Gar
rett and his deputies were in office"
He added that so long as Garrett en-.
joys the advantages and privileges
afforded by his office. he CFulton)
would be unable to do his duty in
prosecuting the case.
No Reason for Suspension.
The defense. objecting to the mt
ton for suspension, set forth that
there was no reason why Garrett
should be suspended. that the states
petition had shown no reason why he
should be suspended and that tn.
state had failed to comply with the
statute on the subject when they failed
to file copies Of affidavits and depo-
sitions of evidence with the petition.
There has been no corruption, no
law violations Of intimidation" De.
fense Attorney Guy sigler said, and
II Is not question as TO whether
the law has been enforced but whether
Buck Garrett has done his duty. The
state does not allege that he has
failed to do the best he could.
THE state has no hope of being
able to remove him permanently"
he continued. "and their only sweet
morsel Is to get him suspended while
the trial Is delayed"
lmmeolnte lr1M Askeu.
A plea that an immediate trial be
granted instead Of hearing the motion
for suspension was made by the de.
fense attorneys who said they were
ready for trial ut any hour. No rea.
son would be served and the state
could not benefit by CARROTS suspen.
sion, they contended.
When the defense objection had
been overruled. Judge Fulton took the
stand and began reading from depo.
sitions OF witnesses, his evidence In
support OF the motion for suspen.
sion. At the time court adjourned
for lunch. the testimony Of forty
witnesses had been read. fifteen Of
Continued on Page Two)