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mm VOLUME xn. fSiDNtYSUGGS. PROP. ARDMOItB, INI). TBH.. Til UliSDAY' EVENING, JANUARY 25, 1906 SUBSCRIPTION 50C PER MONTH NUMBElt 270 THE COLBERT CONSPIRACY PROCEEDINGS UPON CALL FOR TRIAL OF CASE. The Records In the United SU'.ea Court In the Southern District Show the Following Action to Have Been Taken. Tho proceedings upon the call for trial of the casi of United States vs. B. II. Colbort, conspiracy, in the United Slates court for the Southora District or Indlau Territory, at Ard more, I. T., on January 22, 1906. Mr. Albert Ronnie, assistant dis trict attorney, having stated that It would be necessary for him to pro ceed to tho homo of Mr. W. B. John son, United States, attorney, for tho purposo of consulting with him as to tho disposition of theso enscs, Mr Johnson being 111, tflic court took a short recess. Mr. Honnlo-having re turned Into tho court room, the court said: Tho Court: Mr. Rcnnlc, have you had your Intcrvlow wlUi Mr. Johnson, to boo what was to bo dono with this case? Mr. nennie: In G5G0, 55G2 and DECS, in which Mr. B. II. Colbert is left as the sole defendant before this court, I find that Mr. Johnson Is sick In bed. I Iiavo just returned from his residenco and he stated that ho would bo glad to come down, perhaps laUv In tho day, or tomorrow, to take part In tho trial or this case, hut thodo who wero present stated, from his condition, Utat he would bo unabk' to do so, and that it would he unsafo to do 60. I then presented tho matter to Mr. Johnson as to whother or not tho gov ernment was ready, nud showed him wpiorein Mr. Tnylor and myselt felt that tho government was not road on account of tho absenco of two Important witnesses. Ono witness Is Mr. Mnglnls, whoso testimony, I bo Hove, was taken boforo tho grand jury. Ho is absent, and is at tho bed sldo of his sick father, In the stato of Iowa. Tho other witness Is Mr. Hubbard, who Is not present in tho court, and whose testimony in mate rial. With reference to tho attorney's ot nco at that time, the court well Knows tho conditions, and I wish to Inform tlio court further, that not on ly. Is Mr. Johnson sick In lied, hut Mr. Bunn Is very 111. so his wlfo In formed me tills morning. Mr. Bunn and Mr. Johnson were the two attor neys representing the government who wero bororo tho grand jury, and tho only two, so far as I know, of tho gov ernment's attorneys, wjho havo mado any Investigation or this case. Mr. Humphroy Is in charge of tho trial docket ut Ilyan, nnd I mysoK am not familiar and know nothing at aKl about theso cases, oxcopt what I find on tho journals or this court. Regarding tho testimony in this caBO, It appears that tho record testi mony, -which, as I am' informed, com prisos over one-half or tho testimony in tho caso, arrived from Washlns ton by mall yesterday, and I havo had no opportunity to faralllarlzo my self with It, and I am not Informed as to the morlts of tho cases. Tho gov ernment Is not ready for trial. Tho Court: You state that It Is ab solutely essential to havo thoso wit nesses for tho government tihat aro absent? Mr. Ronulo: Yes sir. From my con vocations with tho parties who workod theso cases up and mado tho Investigations, I find theso wltnos3os aro absolutely necessary to mako a caso for tho government. Tho Court: Havo they been subpoo naed? Mr. nennio: Mr. Maglnls was Bub poonned, hut sent a letter elating tha ho would bo obliged to bo ah Bont, owing to tho fact that ho was going them to tho bcasldo of his sick father. Mr. Russoll: Mr. Hubbard was not subnoenaod? Mr. Ronnie: Ho was wired for, but has not arrived. Mr. Russell: I would llko to ask tho counsel for tho govornmont If tho llub'onrd referred to Is P. M. nub- hard, of Wio firm of Hubbard & Mot fatt Coramlsilm Compauy? Ar. Uenulo: I don't know, but I third if Is. And whnr bo Hvos I am not a .his timo afMd. j'r. Russell. I would Hko lo cu. thic to your honor, If you will permit me, and with tho concurronco of my asso ciate counsel, Mr. Cruce, that tho de fendant being so desirous of obtain ing a trial of tills causo hero at this time, would not consent, with his co dofi ndnnta, to a chango of venue, as he had a right to do, to Tishomin go, but pr-.-forred to ho tried hero, as he was Indicted here. While that Is true, In tho faco of the conditions stated by tho government's attornoy, Mr' Itennle, of his ibbsoluto inability to go to trial In this caso, under theso conditions, and owlnir to tho severe lllnoHs of Mr. Bunn, v:hu assisted in preparing the caso beforo tho grand jury', nnd tho Illness of Mr. Johnson, the district attorney In chief, it would seem' as ir tho trial of tlio case and In the faco of the fact of Mr. Hennlo's Ignorances of tho caso it would Boom that tho defendant was seeking to take advantngo of those conditions and hurry this matter to trial to ob tain ry result that somo ono might think could rot be otherwiso obtained. Tpie dorendant does not want to pro ceed, to have a color or nppoaranco of being whitewashed, but wants nn absolute, open, fair and Impartial trial of all the matters charged in tho in dictment. Wo -want a trial, wo arc ready, but wo want ono that, when tho result Is obtained, wo bollevo it will bo tho concensus of opinion of all people that it will robound to hlr credit. And so anxious aro we for trial, that If tho court Is going to entertain the motion of the govornmont and continue thosj causes, it will throw us to another term of court When Is thai. Tho Clerk: March 2Cth. Mr. Uussoll: March 2Cth. Tho Feb ruary term at Tirtiomlngo Is Fobruary 12th, nnd that drives ua to tlio ne cessity, for tho purpose of gottlng a speody trial and wo havo ulways wanted that to mako a motion un der tho statute to transfer tho caso to Tishomingo, In vlow of Uio fact that. If anv offense was committed, It was committed at or nearer to that placo than to this place. Wo hopo, also, that if tho court grants the mo tion for a change of vonuo, It will give us tho vory first day of tho term of that court to have a Uearlng In this case. I stato hero to the court that tlio defendant In fact wants a hearing of this case. Ills futuro, personal as well as official, will largely, depend upon the outcome or this case; and as your honor has stated from tho bench, I bo- live It Is your dostro that tho de fendant havo a speedy trial. That bo Ing our attltudo in tho mattor, situ ated as wo aro, and not being nblo to forco tho government to a trial of tiho case, and tho government having asked for a contlnunnco, we nBk that the caso bo speedily heard In tho form that will givo us relief, that the vonuo lm changed to Tishomingo, nnd bo sot for hearing for tho first day of tho torin or your honor's court thoro, Wo have filed a motion under the statute. Tho Court: It Is,apparont to me, from tho statement made by tho proa ecutlng attorney, that they nro not ready for trial, but I am gratified at tho Btatomont mado by tho defend nnt's counsel. I do not bollevo It will bo for the Interest of tho defendant, or tho Interest of tiho govornmnt, to havo this caso trlod otherwise than unon all tho facts that could bo brought out In tho matter. It would bo exceedingly Injudicious, In my opinion, to havo any wfiltowash, as you romarked, In this caso. While tho court Is ready and willing to try It, yet If tho government Is not ready 1 do not boo anything wo can do oxcopt to continue tho caso. Tho motion to transfer to Tishomingo will bo grant od, and tho ordor will bo mado ns suggested by tlio defendant's counsel that It bo set for hoaring for tho first day of that court. I would suggest Uiat tho government Should take stops now to get ready for tho trial of tho causo. Mr, Russell: February 12th? The Court: Fobruary 12th. Theso cases, then, will bo continued, so far as this court Is concerned, and tho cases transferred to Tishomingo and set for trial on tho 12th day of Feb ruary, being tho first day of the term Indian Territory, Southern District, bs I, Wm. Hutchinson being first duly sworn, on oath stato that I am tho official court stonographcr for tho United States court In and for tho Southern district of Indian Territory that as such stenographer I roportod In shorthand tho proceedings upon the call for trial of tho caso of United States vs.. B. H. Colbert, Conspiracy, on January 22, 1006. and- that. tho. above and foregoing is a true and cor rect transcript of my shorthand notes therein. WM. nUTCHINSON. ' Subscribed nnd sworn to beforo mo this 23rd day of January, 100G. C. M. CAMPBELL, Clerk. By N. H. McCOY, Deputy. U. S. ATTORNEY SWORN IN. T. B. Latham Assumes Duties- Names Assistants. South McAleslor, I. T., Jan. 24. T. 11. Uilliam. recently nppolntod United States nttonu.y nrtcr a spirited con test, has qualified and ngsunied tho lutles or his office. He nnnounced tho reappointment of assistants Mr. Gros ham of Uils placo and Frank Ijeo of Hugo; also tho appointment ot W. II. Harris or this placo. SAFE BLOWERS OPERATING. They Turned a Trick at Oklahoma City Yesterday. Oklahoma City, Ok., Jan. 21. Tho safo in tho office or B. B. Moss, tho brewer, was blown to ntoms by bur glars nt an early hour yesterday. Sil ver $37, and old coins wero stolen. Thorc Is no clow to the thieves. Major Hackett Appointed. South McAloster, I. T., Jan. 24. Ma jor B. F. Hackett of this city was to day appoltcd United States com missioner at Antlers In placo of Thom as B. I-itliam, who resigned to accopt tho district attorneyship. Ho will leave for Antlers tomorrow to assume tho duties of the office. THE RULE AS ADOPTED MEASURE WHICH CUTS OFF THE AMENDMENTS IN HOUSE. General Debate May Continue Until 3 O'clock This Afternoon Defeat of Innurgents Decisive Much Interest Over the Result. Washington, Jan. 25. Tlio follow ing Is tho statehood rulo which tho houses committee on rules agreed on yestcrdny on which tho tost ot strength on tho statehood fight was mado in tho houso: 'Resolved, that Immediately upon tho adoption ot this ordor, and dally thereafter, immediately on tho appro val of tho Journal, so long ns tho bill hereinafter referred to shnll bo pend ing In commltteo of the -Tholo houso on tho state of tho union, tho houso shall resolvo itself into commltteo of tho whole houso on tho slate of tho union for tho consideration of tho bill to enable tho people of Oklahoma and of the Indian Territory to form a con stitution and state government nnd be admitted to the Union on an canal footing with tho original states, and to enable tho peoplo of New Mexico and or Arizona to form a constitution nnd stato govornmont nnd ho admit toil Into tho union on nn equal footing with tho original states; that after tho said bill shall havo been referred, general debate shall continuo until Thursday next nt 3 p. m., and nt that hour, or if genornl dobato shall bo concluded beforo that hour, Immo dlately upon tho conclusion of said general dobate tho committee of tho whnlo houso on tho stnto or tho union shall rise nnd report the bill to tho house; whoraipon Immediately with out dobato, Intorvonlng motions, or appeal, a voto shall bo taken on tho bill to a final passage. "Provided further that general leave to print remarks on tho bill ns hereby granted for six legislative days after Thursday tho 25th day of January, next." Matinee prices, ton cents to every body. 25 Lawton a Court Town. Prlvnto telegrams sent from Wash Ington to parties at Lawton, stato that Lawton will bo named as ono of tho court towns of tho proposod wostern district, which will comprlso tho present territory of Oklahoma, Death at Tussy. Tussy, I. T Jan. 24. (Special.) Mrs. A. F. Meyers, after an Illness of several days, dlod last Monday night at 10 o'clock. Deceased loaves a husband and thrco smnll children Funeral services wero hold - nt tho Tussy church. Bargain Matlneo, Satnrday noon, 10 cents. admission. nftor- 25-2 SURVIVORS ; ARE RESCUED CITY OF TOPEKA PICKS UP RAFT WITH TWENTY ABOARD. Men Were In Awful Condition, Due to Exposure, Some Being Sense less Terrible Tales Told of the Wrecked Vessel. Seattle, Wash., Jan. 26. A special li-presentatlvo of tho lat Intelligen cer telegraphs from Port Angeles that tho rescue ship City of Topoka picked up a llfo rart late yostorday aftornon six miles ofT Cape Boale, with 'won- ty survivors or tho wrecked Vnlcncla on board. Tho men wore In a pitiable condi tion nnd almost dead from exposure. A terrible sea was running. Ono min ute the rart was porched on tho top or n wavo and tho noxt It would bo lost from' vlow In tho gully formed by tho mountainous breakers. Tlio men on tho rnft battled bravely with pair or oars to reach tlio City of To- nekn, which owing to tho dangerous enast, could not run In any closer to ihsm. J Within hnlf a mflo from tho raft a boat was lowerod from tho City of Topoka In chargo of Second Mato Burke, who with much difficulty suc ceeded In making fast a line to tho rnft. At Inst they succeeded In bring ing tho raft to tho sldo or tho steam er. Three or tho survivors were lylfig In a senseless heap and wero kept on board solely by tho bodies or other men who were closely packed. TImo nnd time again tho great sea swept over them. The survivors told terlblo tales of the wreck or the vessel. When they loft the ship there wero about ninety peoplo on board, most of them cling ing to tho rlgglns. Men, women and children wero bolng swept away by tho augry sea. Victor!)), Jin. 25. Though there Is faint hopo that the Incoming vesselB may bring a fow survivors of tho wrecked steamer Valencia, thero.nro only mirty-fivo survivors or th0 154 persons who wero .on board when alio struck who nro known to bo saved. They aro tho twenty persons picked up rrom tho llfo raft by tho stcamor, City of Topoka lato yesterday and tho fifteen survivors who put off from tho wreck In two boats and succcodcd in reaching Vancouver Island. SAM HARE KILLED. Well Known Chickasaw Shot to Death by Party Named Lale. M'annsvillo, I. T., Jan. 25. (Spec ial.) Sam Hare, a well known Chickasaw Indlau, was shot and kill ed here yesterday afternoon by a party named Iiilo, who lived across tho Washita. Hare was shot four times. I.ale was taken to Tishomingo this morning, wh'-ro lie will be given an examining trial. Killing at Mannsvllle. Information reached Ardmoro this mornlns ihat Sam Hare, an Indian liv ing nt Maunsvlllo, was shot and killed at that placoyesterdny afternoon. W. A. Ialo Is under arrest cnargou wiui tho killing. Iittlo can bo learned of tho affair. It Is understood that both men wero armed at tho timo of tho killing. Lalo was given a preliminary hoaring a Tishomingo UiIb altornoon It is understood that tho troublo aroso over somo land. FOR OPENINGbF RESERVATIONS, Congressman Stephens Bill to Be Ta ken Up Soon. Washington, Jan. 24. Mr. Stoph ens' bill providing for tho opening of tho Klown, Comancho and Apacho reservations, a tract or 505,000 acres will bo takon up In tho houso within a few days. Mr. Stephens has receiv ed assuranco that It would bo glvon consideration. There Is no doubt ot Its passago In tho house, and ho bo Moves It will go throTiirh tuo sonato this tlmo. t Tlio bill providing Tor.- tho marking or tho boundary between Toxas and New Mexico, Oklahoma and Arizona, will be brought Into tho house with a ravorablo roport, nnd Mr. Stephens says It will pass. Matlna Saturday aftornbon at 2:30 o'clock. 25-2 HELD TO GRAND JURY. B. F. Price Charged With Killing Tom Hudson Near Sulphur. B. F. Price, was tried in the com missioner's court horo this morning on a chargo of murder, nnd held with out ball to await tho action of tho grnnd jury on the 29th or January nt Paula Valley. Price was arrosted at Sulphur Tuo4day evening nnd brought lo Ardmoro yostorday afternoon by Deputy Houso. Tho prisoner la charged with tho murder or Tom Hudson, which occur red Tuesday. Tho evldenco showed Hint tho two men lived In tho snmo house nnd were employed by Hx-Oov. Wm. Guy, cm his farm near Sulphur nt the tlmo or tlio tragedy. Tlio weapon used wns n 38-caIlhro pistol rrom tho chambers or which two shots wero fired. Hudson died almost In stantly. II. Tally, who was a wit ness to tho nfTalr was accidentally shot. Tally testified that at tho tlmo or tho shooting, he heard tho two men In a room qnnrrollng nnd that when he stepped in, tho shooting began. Both men had guns nud Hudson fired two shots rrom a 41-callbro pistol while Prlco was working his gun, neither of which shots took effect. It Is thought ono ot tho halls which Price fired was tho ono Uiat struck Tally In tho nrm. Price la about thirty-four years of ago and bears n good roputatlon. Ho claims that Hud son Insulted his wlfo and that tho truoblo arosu over this. Tally tho principal witness wns unnblo to glvo any evldenco to tho contrary. Prlco surrendered himself to tho officers Inv medlntely after tho troublo occurred. LOSS RUNS TO MILLIONS HEAVY DAMAGE BY CLOUDBURST IN WEST VIRGINIA. Fifteen Lives Reported Lost Water Rose Rapidly and Many People Were Caught Unawares Much Valuable Timber Lost. ' Weston W. Va., Jan. 25. A heavy wind and rain storm, resembling a cloudburst, passed over tho souUienst ern portion ot this stato yesterday, Hooding Chorry, Holly and Elk rivers, and carrying away bridges, houses and many million loot or vnltinblo timber. In Richmond tho water roao flvo feet in tho houses. Tho wator camo up so suddenly that men, women nnd children had to wado waist deep out of their homes to tho mountain top. Tlio clothespin factory, tho Chorry Rlvor tannery nnd tho Cherry River Lumber company's yard wore flooded. Tho loss to the yards anil tho logging road cannot bo estimated. At Curtain, two railroad bridges on tho Pardco and Curhln lumber road, woro washod out. Tho loss Is many thousands ot dollars. At Curti'n also a barber shop, with all Its furniture, went down with tho cur rent. Over twelvo miles ot tho Holly River & Addison railroad was washed away between Herloy Junction and Webster Springs. A report that flftcon lives wero lost Is not confirmed. Tlio total money loss will coma up into tho millions. JACK GORDON IN WASHINGTON Expects to Convince Congress to His Preserve Plan. Washington, Jan. 24. Jack Gordon or Paris arrived this afternoon for tho purposo of convincing congress that tho proposition to established a game presorvo In the Choctaw nation is on ly what it purports to be. This prop. osltlon was stricken out of tho Curtis bill In tho houso on tho ploa that tho purposes was to establish a gaming and not a garao preserve. Mr. Gordon has brought with him tlio articles, ot Incorporation ot tho proposed nssocla tlon, which shows that not only Is gambling Inhibited, but that tho sale of liquor Is nlso lntordIcteu Sonator Claw, chairman of tho sen' ate commltteo on Indian affaire, la favorable to tho proposition, nnd Mr Gordon hollovcs tho senate will put tho provision back in tho bill. May Live 100 Years. Tho chances for living a full cmtiry nro excellent In tlio case or Mrs. Jon nlo Duncan, of HnyneBvlllo, Mo., nnv. 70 venrs old. Sho writes: "Hlcrtri Bitters cured mo of chronic dyspwi alii of 20 yoars standing and mado m feel ns well and strong as a youu girl."- Flcctrlc Bitters euro btoinneh and liver dlsordars. Gonoral tloblllty nnd bodily wouknoss.' Sold on a nv nntoc at City Drug Store. -Prlt 50 .cents. NDIAN SCHOOLS TO CONTINUE DELEGATE OF INDIAN TERRITORY TEACHERS GIVEN ASSURANCE. Rev. A. Grant Evans Says Curtis Bill Will Become a Law, Before Tribal Governments are Dissolved. No Interruption, Rev. A. Giant Hrans, president of Kendall college, who Is Just Henry back from Washington whore ho wont as the delegate of tho Indian Torrltory Teachers' Association to lobby for a contlnuanco of tribal schools after March 4, when tho In dian governments expire, statos that ho has been given rollnblo assuranco that thoro will bo no Interruption In the Indian schools this year. Ho said today: "Tho provision for tho continuance of Indian Territory country schools contained In th& Curtis bill Is accep table, to tho federal houso mombors alike. Supplementary financial nmla tnnce, from tho federal govornmont to carry on tho educational work la pro vided for. I was assured by both aon- ato and house members of Indian af fairs committees that tho Curtis bill will beeomo a law beforo March 4. whon tho tribal government are abol ished and this makes It certain that the schools will go on without Inter ruption this year." PROMINENT OFFICIALS HERE. Supt. Tlnsman, Geo. H. Lee and Train master Rudd Among VIslto.-s. Imminent officials ot tho Rook Is land ppent last night nnd a portion of this morning In Ardmoro having stop ped for nn Inspection of tho com pany's property hero. Tlio party was composed of Gen- oral Superlntondont W. N. Tlnsman or this division nnd Gondral Jfrts sengor Agent Geo. II. Leo both of Ut tlo Rock and Trainmaster Rudd of Halloyvlllo. Tlio party, which Is traveling In Supt. Tin!snianVv prlvnto tear, fully oxpectcd to moot tho Frisco party In Ardmoro, this morning. Owing to somo dolay Prosldont Wlnchell and others did not reach tho city nnd tbo Rock Island officials will moot thorn nt Randolph. It could not bo ascer tained whothor or not tho Frisco party would como to Ardmore. It Is thought that tho party will go north on tho main lino from Randolnh. This was Supt. Tinsman'B as well as Mr. Leo's first viblt to Ardmoro for qulto a period. "Kvory tlmo I como to vour city I notlco Impor tant Improvements," declared Mr. Tlnsman, In commenting on tha growth or Ardmoro. "Tlio town Is certainly growing nnd I consider It ono of tho best commorclnl points on tho road. " Supt. Tlnsman pre dicts a groat futuro for tho town and to Prosldont Loo Cruco of tho Com mercial club declared that tho pro gress of tho town was romarkublo. It may bo said In passing that Supt. Tlnsman appears to ho especially In terested In Ardmoro and this fact should b'o appreciated by tho peoplo of tho city. Ho was a former rosldent of tho territory having been' con nected with tho Rock Island at Chick asha. Ho was promoted somo time ago to his present position with headquarters In Llttlo Rock. Gcnoral Pnssongor Agont Leo Is one of tho best known railroad men In tho sorvlco and has dono much for Indian Territory In tho past In the matter of encouraging Immigration. It may bo stated that Mr. Lee la an enthusiastic advocato of slnglo state hood and ho Is nnxloua to boo con gress pass tho statohood moasure. Trainmaster Rudd Is a frequent vis itor to Ardmoro nnd ho Is greatly Impressed with thlo city. Concerning proposed extensions of tho Frisco tho party know nothing other Hum tho published roporta to that effect. Rognrdlng tho possibility of tho Rock Island extending westward tho otndals woro not Inclined to discuss tho mnttr. Tho party went oast at 11 o'clock. Bpatn the Music Cure. "To keep th" viv In tune," writes Mr. Marv Brown. 2 r-iyMto Plneo, ''Yiui-h'--opr!' J v. , take Dr. Kind's vw I Ifo Pll' """" ire thn most ro i vln and v' - IflT.itlvo I havo I'imnd." Host ' -'omneh. Tlver asd tRowo'it. C.umV'yd by "W. B. Frame .druggist. 25c. .