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Last Updated Thursday, 12-May-2005 20:42:27 MDT
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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@example.com
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
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
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
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
Dottie BRANHAM, Ruth WATKINS, Carrie HOFIUS, Bernie ANDERSON, Harry GILMAN, Walter WOOD and March DECKER.
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
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 firstname.lastname@example.org
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@example.com
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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