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December 19, 1894
December 19, 1894 "Dad" BURNETT returned to the city yesterday and was placed under bond for an assault on a man named TAYLOR in west Guthrie sometime ago in conjunction with his sons. "Dad" states that he is as innocent as a babe of the charge.
December 21, 1894
Pete JOCKNES, the walking "What Is It",
was yesterday arrested by the police and thrown into jail for wearing female
apparel, contrary to the ordinances of the city. He was examined by a doctor
and found not to be a woman. He was this morning fined for the offense and
the people will no linger be troubled by a male individual of ungainly size,
parading in female attire.
March 28, 1895
Jim DOSS Is Dead
He Was Shot Some Days Ago By Gene HAYES, at El Reno.
Jim DOSS, the Deputy United States Marshal shot by Gene HAYES at El Reno
a few days ago, died yesterday about 11 o'clock from the effects of his
wounds.
HAYES was in the city on his way over to El Reno to answer to an indictment
charging him with intent to kill, when the news came, and the deputy sheriff
at once handcuffed him to himself and took every precaution to prevent an
escape. He was taken to El Reno on the afternoon train. The indictment will
now be changed to murder, but it is believed the prosecution will hardly
make the charge stick. If HAYES is convicted of manslaughter it is all that
those best posted expect.
DOSS had the reputation of being a "bad man from Bitter Creek," and boasted
of being able to "draw" and get the drop on an opponent quicker than any
other man in the southwest. He met his match in HAYES, who was just a little
bit quicker.
Only a few weeks ago he shot and almost but killed an inoffensive Mexican,
and was feared as a man who would shoot on the slightest provocation, or
without provocation at all if necessary. There is very little grieving over
his death.
HAYES shot and killed a man in Texas, but escaped conviction on the self-defense
plea. He is also under indictment for cattle stealing. He has considerable
money as have his friends and will make a desperate fight for his life and
liberty.
A Chew For Freedom
The Horse Shoe Tobacco Man in the United States Jail.
C.J. FORREST, an advertising agent for the Drummond Tobacco Co. of St. Louis,
was doing the town today, distributing samples to the boys, and wandered
into the federal jail, the outside door being open. Before he had time to
realize where he was, the jailor locked the outside door and invited FORREST
to go in and look around.
No sooner had he entered the "bull pen" than a grand rush was made for him.
He was arrested and tried by a kangaroo court, but as he had no money on
his person, the boys confiscated his samples. FORREST said he considered
himself lucky to get out alive.
Oklahoma Land Run BURNETT vs TERRELL
This land contest case was so hard fought, the testimony in many cases being
directly contradictory that the secretary's finding will be of general interest.
County Attorney J.L. BROWN was attorney for the plaintiff and fought stubbornly
every inch of ground.
February 16, 1895
John J. BURNETT vs Rueben H. TERRELL
To the Commissioner of the General Land Office. Sir:
The plaintiff in the case J.J Burnett vs R.H. Terrell appeals from your office
decision for Nov. 12,1892, involving the sw 1/4 of Sec.26, T.12 N, R. 3 W.,
Oklahoma land district, Oklahoma territory, wherein the defendant's homestead
entry is held intact and plaintiff's contest is dismissed. Said plaintiff
also appeals your office decision of April 22, 1893, in said case, wherein
you overrule his motion for the review of said case.
Burnett's contest affidavit avers that he " was the first actual settler
on the land and he made settlement on the 26th day of April, 1889, and it
is not questioned but that his settlement on the 26th was of such open, visible,
and notorious character as constituted notice of all comers.
Terrell claims to have gone upon the land after noon of April 22, 1889, and
to have performed certain specified sets of settlement, among which he claims
that he had begun to dig a well (where his well was afterwards completed;)
that he spaded up a piece of ground about 25x75 feet, that he slept there
all night and the next day put up a tent made of a wagon sheet stretched
over a pole, and dug a hole and set a pole squared at the top with his name
on it; that he left his tent and digging on the 26th and went to Guthrie
to file on the land.
There is no dispute as to the settlement of Burnett on the 26th and the only
question is whether Terrell made settlement before that by such acts as would
operate as reasonable notice to others of his occupancy, with the intention
to enter the land.
The evidence covers about 1000 type written pages and is unnecessarily voluminous
and irrelevant and very conflicting.
In your office decision of April 22, 1893, overruling Burnett's motion for
review, it is said: Under the rule established in the case of KELLEY vs HALVORSON
(6L. D.225,) the decision of the local officers in this case is entitled
to special consideration as the evidence herein is of a conflicting character.
The record in this case shows that the rule has no possible application here,
as the local officers were not present to hear the evidence and observe the
demeanor of the witnesses while testifying, but they swore the witnesses
and sent him into another room while the evidence was given before the type
writer.
When objection was made the attorneys went before the officers, argued it,
and then returned to the room where the case was being heard.
It appears from the affidavit filed with the case by the attorney for Terrell
that the local officers did not even read the testimony after thus taken,
but authorized the clerk to consider it and write their findings which they
signed. Their opinion under such circumstances, is not entitled to "Special
consideration" as laid down in Kelley vs Halvorson (6. L.D.225).
A very strong claim is made by each side that a gross perjury has been committed
by the witnesses for the other, but much of this may be reconciled by simply
explaining that the things related actually took place, the witnesses simply
being mistaken as to the date.
Terrell doubtless did go to the land on the 22nd or the 23rd and possibly
slept on the ground that night, with his wagon cover folded under him, and
he may have had a surveyor run the west line of the tract on the forenoon
of the 23rd, but did not start the well, put up a tent, spade a piece of
ground, nor set a post on the top of the hill with his name on it, until
after Burnett's settlement.
Without undertaking to commit seriatim on the numerous witnesses, it is
sufficient to note a few of the most salient points on which Terrell's case
must rest.
Terrell says he started the well on the afternoon of April 22, by spading
a hole three or four feet across and one and a half deep, where he afterwards
sunk a well to its full depth, but two men who finally dug the well as also
other witnesses and bystanders, when the well was dug - testified that no
such hole was there; that they located the well by a witch-hazel root and
started the well from the surface of the ground, having to cut away the branch
and dug up a stump from the surface of the ground, and this digging was admitted
to have been some time after Burnett's settlement. A tent could not have
been at the place Terrell says he put it on the 23rd, 24th, 25th and 26th,
and escaped the observation of the various witnesses who were each upon those
dates looking over this land for the very of discovering any signs of settlement.
Mere passersby over the land who said that they did not see any tent or any
well started, or any spading done, would be only negative evidence that could
not out weigh Terrell's positive statement, and those of several other witnesses
but when about twenty men who were hunting over that tract for any appearance
of settlement failed to see what the evidence and the photographic views
of the land show must be conspicuously visible a long way off swear that
they were interested in finding such tent, and that no such marks were there
- that is positive evidence.
Such a tent as Terrell describes at the point he says he erected it would
have attracted attention a half mile away. The witnesses who testified that
no tent and no well and no spading were there before the 27th, saw all other
camps and tents in the vicinity and many of them gave conclusive reasons
for knowing why no such things were there before Burnett's settlement.
The evidence of GRESHAM, BROWN, DEAN, and nearly a score of others is positive
that no visible marks were there before Burnett stretched his tent and occupied
the land. The evidence shows by a clear preponderance that the only acts
of settlement of Terrell prior to the 26th were that he perhaps caused the
west line to be run, which act could easily be taken as having reference
to the land west of this tract.
This was not enough to operate as a settlement and notice to other settlers
seeking homes.
A careful consideration of the evidence shows by more the a mere preponderance
that the contestant, BURNETT, was the first settler and should be allowed
to make homestead entry of the land.
An additional motion for rehearing has been filed on ground of newly discovered
evidence, supported by a number of affidavits.
The defendant filed also a number of counter affidavits which are all simply
to the effect that his reputation for truth is good in that community.
In the view of the case here taken it is unnecessary to pass upon either
of Burnett's motions for a new trial.
Your office decision is reversed. Terrell's entry will be canceled, and BURNETT'S
entry allowed. Herewith are returned all the papers. Very Respectfully, (signed)
Hoke SMITH, Secretary
Submitters Note: John J. Burnett born: Jan. 10, 1842, KY died: July 15, 1927,
OK. Wife: Nancy B. HUTZ born: March 13, 1844, KY died: June 3, 1894, OK Father:
Cornelius S. BURNETT Mother: Nancy A. WALLACE.
Submitted by: Sharon Burnett Crawford
[email protected]
April 1, 1895
Robbers ! Of a nice head of hair just through negligence. When your hair begins to fall out don't neglect it, but get a bottle of BEGGS' Hair Renewer which will stop its falling out, and if turning gray, will restore its natural color. For Sale by W.B. WHEELER & Co.
April 8, 1895
Roll Of Honor Merits of the Scholars of
the Grades of the City.
Roll of Honor of the Capital school--pupils neither absent nor tardy during
the preceding month: 6 & 7 Grades
Eddie EADES, Orville FARGUHARSON, George GARDNER, Willie OLMSTEAD, Elmer
YOUNG, Eugene BURKE, Bessie DOUGHERTY, Martin DeBOIS, Edith LOGAN, Mollie
NEWTON, Lattie PHILLIPS, Jennie WALKER.
FIFTH & SIXTH GRADES
Curtis OWENS, Lloyd OWENS, Martha BECHTOLD, Maggie BECHTOLD, Garnett MCWEATHY,
Bertie POIL, Ort RAY, Tom COOPER, Lloyd SAMPAEL, Eva MAINE, Nellie DOUGHERTY,
Myrtle EASTWOOD, Edna FISHER, Jennie LYNDS, Fannie BARNEY, Da HIGGINS,
Nannie DEARINGER, Mazel LEACH, Ivie CASTANIEN.
Teacher: H.H. DODD
4th
Reisch ARRELL, Dell ARRELL, Frank MARTIN, Fred COOLEY, Roy UIGH, Burtie JARED,
Victor SMITH, Andrew BONNELL, Winter BONNELL, Frances PRANHAM, Lille BARNEY,
Jennie COLLAR, Annie EVAN, Fanny LONG, Maude SOULE, Maude SHANNON, Gracie
TOWERS, Clara UNDERWOOD, Pearl DOTY.
Teacher: Margaret REES
3rd
Agnes BRUNNIER, May CALLIN, Luella CALLIN, Opal DeBOIS, Mania EADS, Rose
PRICE, Gertie KENNEDY, Dottie SMITH, Theresa SCOTT, Lillie WATKINS, May
WHITEHURST, Jessie SAMPSEL, Leila BURCHMAN, Raymond ANDERSON, Walter BARNABY,
Vernon OLAMITH.
Teacher: Anna SEELY
2nd
John BOLES, Earl DECKER, Gilbert TARRANTS, Clyde WALTER, Emanuel BECHTOLD,
Page WARREN, Buford WALLACE, William BONNELL, Albert COHEN, Edna ACKLEY,
Julia COLLAR, Nellie DALLY, Beulah DERRINGER, Mary GILLMAN, Joe KUYKENDALL,
and Grace CALLWELL.
Teacher: Mrs. ACKLEY
FIRST PRIMARY
Dottie BRANHAM, Ruth WATKINS, Carrie HOFIUS, Bernie ANDERSON, Harry
GILMAN, Walter WOOD and March DECKER.
SECOND PRIMARY
Lee ARRELL, Karl SMITH, Joe SCRIFNER, Pansey HOFIUS, Cordy YOUNG, Early GROVE,
Coy WATKINS, Ed REAVES. Mabel SCOTT, Earl CLARK, Charlie MALLORY, Rosella
DRAKE, Linwook LICHOLS, Laura COLEMAN, Willie WALTERS.
Teacher: Miss BYRNE
Central School Pupils in second grade neither absent nor tardy during the
last month:
Eugenia BROOKS, Ethel HAUSE, Norma HEILMAN, Bessie HUNDS, Edna KELLEY, Helen
MCCOY, Hattie MCCOMBS, Clara PANCOAST, Ina PENTECOST, Blanch SPURLOCK, Grace
LONG, Pearl HINKLE, Earl BUNCH, Cliff EISENSCHMFDT, Bruner HALE, Fred
MCKEAN, Ed. MCKEAN, Hayden MORRIS, John PATTEN, John RITTERBUSCH, Harvie
TOWER, Arthur BUCKNER.
Teacher: Miss WARNER
June 29, 1895
"Oklahoma Glances"
El Reno Eagle: Almost as remarkable a find as the gold discovery for this
vicinity was the discovery of a paste board box containing a little baby
that had been left on the door stoop of J. H. WARREN'S residence, on
Capitol Hill last night about 10 o'clock.
The following note was attached: "Mrs. WARREN: Learning that you have been
married several years and have no children, and that all your family are
nice christian people, and being deserted by my husband, and having two more
children to support, and poverty and distress compels me to act as I am
doing.
The child is of good birth and parentage. You will never hear from me again.
A Mother."
There is no clue as to who the parents of the child can be, but the mother,
possibly through instinct, left the baby at the proper place, as the little
stranger was taken in and properly cared for, and she can rest assured that
the baby will fare well at the home of Mr. and Mrs. WARREN, who are said
to be enjoying the novelty of the acquisition to the family circle."
This articles was posted by Susan
Bradford [email protected]
Oklahoma State Register
June 10, 1920
The funeral services of Mrs. W.J. REED, mother of Mrs. F. FILGHMANN and Mrs.
Ott REDMAN, took place at the Christain Church at 3 o'clock Thursday afternoon.
The remains arrived from Coveington Thursday morning.
This family researched by Margaret Vance Reed [email protected]
Farnk(sic) BOND, present county treasurer, has cohesnied(?)to run for election. Few men desire to run for county offices whom the people augh(sic) to have. The offices don't pay enough. A good man can make twice as much in private service.
Mr. Arthur BEYER, cashier of the Guthrie Savings Banks(sic) and Miss Effie DUNLAP stole a march on their friends and got married and took a trip for the Great Lakes before anyone of them knew it. Mrs. Beyer was commercial teacher in the Guthrie high school. Mr. Beyer had been given up as hopeless, hence the delicacy of secrecy
Popular Woman Of Marshall Married
Mrs. Carrie E. GINGRICH(?), Marshall and Mr. Harry C. KENDRICK of Enid were
married at Medford June 5th. Mr. Kendrick is a traveling saleman for the
Potts Wholesale Drug Co., of Wichita , Kansas and is well known over Oklahoma.
Mrs. Kendrick is a pioneer settler of Marshall and was at one time postmistress
there. She is well known is Guthrie and has many friends here. No woman is
more popular in Marshall than she. Accomplished, vivacious, generous, to
a fault, just as she is just a twentieth century woman as the advanced thinker
declare is necessary to make a man a full partner and keep him happy in all
his aspirations. After a few weeks travel, Mr. and Mrs. Kendrick will be
at home to their friends at Enid.
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