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Osage Indian Murders — Part 23
Page 13
13 / 49
TULSA DAILY WORLD, FRIDAY, JANUARY 18, 1929
>
| Haile Trial
ve Stdelights
a
1¢' Pawhuska is getting “drier and
“@ drier.” as the Hale triat cqntinues,
Tewisitere remark. Layton Mitchell,
® | chief of police, and W. W_ Thomas-
Sion, Tuisa prohibition agent, have
theenducted a peries of relda here,
te Several professional gamblers
Si were “asked” to leave town by
tj) Chlet Mitchell white Thomason
authorities
‘dereteod that federal
?
protective measure for Indian wit-
{ pesued.
te B. Howard, ohe of the defense
atiorneys, had difficulty in using
_ibnia right arm yesterday because of
ta fail he suffered on the hill on
{which the courthoure stands. Be-
-¢atiae of-the icy pavement, Onage
.county commissioners pad a truck~
jload of salt acattered within falllog
dimance of the courthoune.
ah
—— ~
iv W. K. Hale. the defendant, dur-
_Ing the one and one-half years he
spent in the Leavenworth, Kan.
‘prinan before receiving a 2
trial, had varied occupations, For
the first two months, he worked ms
‘a stone cutter. He next developed
Mh ee eee es
Tigiven the job of pollshing large
‘slabs of Bedford llemstene used im
ithe eonstruetion
bulldings, Hale Wer a ahop fore-
duly
Muny spectators today were de-
peived of the thrill of hearing T. J.
Leahy, special povernment praose-
;cutor, in hie opening statement 1c
the jury.
Leahy begun his statement but
becaure of the noise made by late
pectatora in taking their sents,
udge Franklin E. Keunamer of-
dered the courtroom doors locked.
Ooty 12 persons managed to enter.
thes
The government Bas subpoenaed
two dead man for witnesses in this
trial, it was disclosed today. Bol
[John Me@isin, former Tulsa (nsur-
ance sollcitor, are the witnesses
iWho have died during the last year,
Henry Roan. the Indlan, over
whose death Hale stands charged
with murder, was found in Smith's
Pasture. McCinin seld that Hale
jSurance policy on Roun's ife nam-
ing Iim, Hale, beneficiary of the
policy, the government claims.
Three automobiles fied with
;hueka last might of a mianion
which, jt was agid. méy pommibly
develop further informaion in re-
gard to probe begun by the govern-
ment yesterday relative to allege-
tions that a prospective juror had
been approached in a bribe attempt.
% wae said that these federal
agcnta are pianning to examine the
entire Hale jury venire of 124 men
tin an effort to learn Lf any irregn-
jarilies have occurred since thene
men were summoned for jury serv—
ices.
Hold Jott Meeting.
i Representatives of various Tulsa
socio) agencies met at the F. W. C.
A. Thuraday night for thelr flrat
wet together’ dinner of the year,
oward W. Meyer, city Boy Beout
executive, precided and Milas Kath-
singing. Several special
iston of the pregram committee,
i Rubbin lt in.
you 8 Job,
Mr. Fordison—Y¥es, I can give
run my flivver.
I need a chauffeur to
The Appileant—aA flivver, ip it?
license.
i
,clrcumstances to bring articlar of
{
-| made liquor conflacations. It is un-|that It we continued for hearing
,have asked Lor atrict supervision |
for Jiquor and gambling laws as |
Pinte a stone planer and then Wasi
of new prison:
cman when he left Leavenworth Igat ,
Smith, former Fairfax ranches, and !
ssked hit: to make a 326.000 in-|
federal agents speeded out of Paw- |
tyn Lain of the ¥. WC. A. led the/to the mature of Roan's wounds!
stunte|Clark introduced surveys into th
were staged under ihe direction ofjrecords ta
Miss Mabel Allison and (. D. Eili-|where Roan was slaln.
Sorry. but Tl have to pans it up. |the pasture land, Rose Littlenter
I ain't got a stationary engineer's! the next witness walked into
teaed fo @ pasture four miles north-
‘HALE TRIAL QUIZ
OF INTIMIDATION
CAUSE OF CLASH
Continued from Page One
agents. Judge Kenonamer inter-
fupted the declaration by dispatch.
Ing Geant Victor, United States
marshal, for Goldeaberry.
Goldesberry said he wanted the
Hale costémpt matter diaposed of
immediately when Howard asked: wert Beliness for the government. Karots Roy Boneh,
St. Las, reading trom government | paje never got Lhe policy on
untli after the present tril. weattr reports for January 38, 91) Roan's lite. He’ discouraged the:
Judge C. B. Stumrt of Tulsa, de-[and Bpbruary 1. 2. 3, 4. 6 and 8) peoposition when it was hroached !
fense attermey, stated that the wov-{for 194, asked mith hew long beYpim by McClain. Rean eaid if his
eroment hed 24 hours in which to
make ita investigntion of alleged
jury tampering charge, that ‘bin
matter had nb broadcast by the
breas, and that a& the court falt
Satisfied that the present fury hed
not been tampered with “we would
like to keep them fron: thie in-
formation and avpeid placing them
ubder thie strain.”
Howard Makes Charge.
At this, Howard jumped to his
feet and seid to the court: “'T make
the open charge in court that spe-
!cial government agente and de-
bartrnent of juslice operatives are
spring on the jurors in this cant
with the purpose of intimidating
them.”
Marshal Victor mumbled, “peo-
ple will get Loto trouble trying to
timidate jurors.” Howard immedi-
ately furped on him and sald:
‘Thats al right. Mr. Victor, lt
stand by my statement and charge.
You can't intimidate me, even if
you nre the Tinlted Btates mar-
ahal" Victor made ao reply.
Judge Kennamer apoke: “I want
counsel, defense ea well as govern-
ment, to report to me any time
enyobe AAS eny complaint te make
and I'll ba ready to hear it abd will
take tmmedigte action.” Goides-
herry ihen spid: “in ¥iew of htir.
Howard's charzes thet the govern-
Tent agenta are epying on the ju-
rora, I want proof made or it in
court." Judga, Kennamer Fetter
Sted hte prev wtatenrent, add-
Ing, “the matter is now closed, gen-
tlemen,”
Fires Bond.
He then fixed Irvin Hale’s bond
at $3.000 and sald he would bear
the charge at the end of the pres.
ent term of court, or when the Hale
trial ie finished. Hale made bond
Thereday night and was released.
Hale, in denying the charge made
against him, said he became bank-
Tupt during «a slump in the cattle
buninesa in 7918, His friends verl-
Tied thin statement as
The nine government witnespen
who temified today included Bob
Parker and Jim Hbodes, Fairfax
slockmen and former officers: Dr,
3. G Shannon, of Fairfax, C. A.
Clark of Pawhueka, @ surveyor;
George C. Campbell, clerk of the’
Osage Indian agency at Pawhueka;
Fred Ludwik. Ommge county clerk
Rose Littiestar of Pawhuske, Ceage
Indian womec; W. M. Crawfard,
special disbursing agent of tha
Orage Indian agency at Pawhuska,
and Ray Emith of Drumright, for-
Tater Fairfax undertaker.
Tells of Finding Body.
Parker and Rhodes, who gave
similar testimony, sald they were
east of Fairfax, February @, 1923,
and found Henry Roan, Oenge In-
dian, dead in the front seat of an
automobile.
Evidence showed that Roan had
heen shot in the head with a pistat,
Doctor Shannon testified in regard
show trpographtient!:
Rey Mm.
Lewis cf Oklahoma City, United,
States district attorney, then intro.
duced land titles of the acreage
where Roan's body was found,
Campbell sald he amisted im
survey of the pawture, Ludwig ge
testimony fn tegard to the title
courtroom garbed.in « pictu
atripea Indlan bianket.
Ahe
the effeet thet he itilied Roan.
ot
pee wesid be to deprive Hale of
em@itutional rights. Howard
eect
Ife wentences in 1926 when con-
‘ictes® on this charge.
sourt of appeals. in granting Hale
& pew trial last year, contended he
a
greater
statemen
stricken from Hale's court records.
‘| Beth defense aad = government
eam
weet. Gentlemen, I beg this but
the search will be in vain.” said
Investigation /a taxl driver in Fairfax until he
in his married Muliie Koan. an Oaage in.
.dinn, #2 yeers agu. Howard wald
iFurkhart had not worked since}
jthat time.
His wife then was the divorced
wife of Henry Ituan. She divorced
Burkhart Jast yeur. Her estate ba
valued at approximately SZ.Q4eu Ua |
“No contention wili be offered '
Tantted insofar ax it proved that|/by the defense thet Hoan was not
Roan suffered hla death on govern- |kiled,” aaid Howard. ‘'Bolely that.
ment‘ property aud berte hia al-|Hale had nothing to do with it and
.
iG oF
jege@ almying should be tried by & | Knew nothing of it. The gevern-
%
burke-Pine 9 Tndhar
hearing, Crawford lestified
healt,
BAablish Jorindiction.
He mjd Rog Liftlestar was an
tucompetent Osage Indian and that
her property was restricted jand.
With this testimony the government
establihed its jurisdiction in rhe
fe f and not state Court [ment saya Hale'n motive tu slay
the uddertaker, wan the) wes to get the imsurance policy.
-Koan had been dead.
Basing ule opinion on the tem-
perat fiver him and the fact| ments, he would get the
that her's body waa frozen what) Roan admitted owing Hule lots v
he brought tt to his morgue, "®t; money. He hed the poliey with,
sald the Indian had been dead f0T} Haire made as heneficiary tn xecars |
10 days. After thie testimony, court [the money he had previously bor-
recessed. jtuwed from Hale.”
Court opened at 9:20 a, m. t0-j The defense attorney
[good frend Bilt Hale would guar
Bniee aome of (he premium pax-
i
i
charged |
aay. Four minutes tater, T. J. i that Hoy Bunch. a former Fairfus |
Leahy, speclal government pros¢-| meat cutter, Who ig the present:
cutor, berab hls opening statement | ;usband of Rean's widow, “either:
kliied Roan ot had him killed." He
maid Bunch began to court Roan's
widow three years before ‘the In-
to the jury. He rend the govern.
ment charge and indictment sgalnast
Hale. ~
vo | Government Ward. dian's death.
He wild Roan was a government) He became intimate wilh her
werd betause he wae 8 apendthrift |and ea & result he and Roan became
and # frunkard. He said Roan at-} bitter enemies, Howard iold the
ten. weleide twiee, "The gov-| jury, Fie
ex! 4 expecta to prove by evi- “The two engaged if severul
a sat. Ro McClain, an insur’ tients and gun plays, Bunch made
atree sellcitor, approached Hale repeated atiempts to have Roan
wit the gerpore of having ome | gijed. When Roan found his hurme
Indies insured. When asked about) paq heen broken rp, he took
BR pOllay for Rean. Hale anid "you drinking excessively and then at-
coukin't gata policy on that drunk: fiempted auicide twice, A few dB
ard.” tafler Roan'a body was
if be could be would | bunch married his widow.
pos ottaia m premium. He WAS) eeurkhert waa offered
tobd wr ee ke au ee one muaity from « murder charge
Boan owed him ‘between
$10,000 mpl $12,000.
“Means policy wan rejected,
ho weeeg.. Later an Insurance ¢om-
ite!
it
he made a statement implicating |
Hale in Roan's death, Barkhort ;
and Bunch were iatimate fricnds.
Charge Perjury.
pay nver made em policy to “Raney did not buy hls autome-
Fees -4a-@Which he was named ben-| bile with money Hale gave him on
_ Dee eclioy wes fer/the government charges. |The
money was given him by
Grammer. Burkhart haa wil
Berjured himacls.”
Howard then told the fury that
Hugh Washburn was held a pris-
oner in the county jall here on
federal statutory charge, but that;
he was planted In Hale's cell as a!
“aniten.”
"He was pul there to get some-
thing on Hale.
458, ,
then outlined the govern- rae
net to be presented aguinet
ante aaid the government
would pesk to prove that Roan was
mat ingbled to Hale fo the extent
claimed by the rancher, That Hale
made dtlements that he intended
to get POmsone to Kili Roan after
the ong-fear suicide clause in the
ould explre; that Ernest a He attempted to
polloy his nephew {a convict in} £°@i3ter a jail break but Hale re-
hn prison how serving @ ite) forted the inatter to proper au-
thorities, Alter Washburn gol
temeg Sor murder) was & 0") what he thought he wanted, he
. John Ramecy, a cow-
bob wth worked tor ‘envy Cram. |S@d be wanted to go to Tulse. He!
mer, hired to mivamsinate Roan, | 88 !mmpediately taken avar there |
to the office of Mr. Goldesberry.
“Washburn then sent Hale 4
Jetier wiahing him the best af luck
In his forthcoming trial,” Howard
PERSONS HURT
ON BRISTOW ROAD
Tajored Goeriously; AL on
Wa, From Sand Springs io
pew for Funeral.
The proeecutor mid the covern-
ment wold prove that Ramsey ad-
mitled soveral people that he
hed kil Roan at Haie'a requesi.
Detenst Obiects, a
Defense counse! tock objection.
to this statement, deciaring that
Purported statements
were not binding on Hale. The ob-
Jection was overruled by the court,
who pointed out that the state-
ment, ga bel: given by Leahy,
wi Burkhart to Hale. Huw-
ard anil that Haic never Was pres-
ent mt airy time when Ramsey
made atxtements or confessidns tu
To
Hepatoh 10 Teg World,
dan. 17.—Twelve pers *
IMiariay evidence of this na-
du @ Turther objection.
Mele and Ramsey were given
here |
a ditch 12 mile
Thursday. One
and seven childre
Sand Springs, wer
to attend the fun,
at Depew,
w ot
n, four women
Tesidents of
their was
a relative
The cireuit
% have been tried siparntety
Hamsy. In thi opinion a
rtion of the Rumacy,
and confessions wero
eutors clidd various legal
to sustaln "" conten-
Stadies Citations,
§ bes the government to show
one case lo support its argu-
Jigs Givart. Court recessed for
‘tre bourt while Judge Kennamer
stidied citations presented. At the
afternoon session, be heid that
Leahy could proceed with hui state-
ment fo the jury. Howard made
the defenses opening presentation
to the jury.
He gid evidence would be
shown proving Hale and hia
nephew, Ernest Burkhart were
fet Intimate. That Burkhart waa!
Jimpeachment against state officinale
‘A L. Commons of Miami,
: third democrat, is a new comer in
{the senate out has been generally
{elamed as favorable to the admin-
land, Upon ¢rogs-ezamination by Tulea’s Large
John Tilman, defense couns¢], ahd
admitted that two years ago, « FOv-
erhinent agent took her te the pas-+
Were numbered among tha 16. BR 7 i
. . echum J, George Wright, +u-
A new angle was injected into perintefident of the Indian agency,
the highway letting muddle late
thin afterncan when A #2 0. Blerer| “8 in Washington attending the
ef Gurk Bye iad tg fae else
commission, said that if the senate
‘passed @ resolution almllar to that
jot the house asking postponement
,of the letting until. in February
that he would adyise the commis-
sion to drop its fight and jet he
; jetting rest unt the Jegisiature hag
Fnown &@ Willingness that the com-
mion proceed with the big iet-
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