Caston - 2
BACKWARD GLANCES OTA. BZTUXE double murder at Arthur City that J told of yesterday have com* to me^and add interest to tto* story, in that a negro narrowly narrowly missed being: hanged for a, crime in which he had no part. It appears that the deputy marshal* marshal* assisting the JLamar county •officer* and who had jurisdiction in Indian Territory, arrested two the. the surrounding ground immediately immediately alter th* crim* »howed tracks of only three- men. or what appeared to be that number (and which later proved true) and Baty offered an alibi, but m* it wa* dependent on his family the Jury disbelieved it and convicted bim. While the appeal was pending: Shoals in the penitentiary at became ill. and being nejrro men — Toin Johnson and j told he could not recover h» cm.II- Tom Baty. Johnson was first ar- } ed the warden and told Turn all rested and implicated Baty. Jeff Shoals and Sam Burrell. all ne- groes, The last two named wer* then ia the Federal penitentiary at Le&venworth. there by Federal been sent court for another another crime committed previous to the Arthur City murder and their about the killing; at Arthur City. H& said that he. Burrell mnd Johnson were the- mea *rho committed committed the murder and that Baty knew- nothing of it. That everything" everything" Johnson had testified to a* being done by Baty had in fact been done by Johnson, and hav- part in the Caston-Morris killing I ing: made this confession Shoals was not then known, \ turned over and died. The warden Johnson. » one-eyed negro, j wrote out the confession, attested swore that he and-the others did j it and sent it here as it tallied the killing and related it subsjtan- j exactly with the story and th« tially as I told it yesterday. He j physical facts Judge McCIeilan is- denied active participation in the j sued an order for release of Baty. crime and said he went with the j During his stay in jail, more than others under compulsion and re- iRaine<* outside the saloon while the three entered, got whisky and committed the murder. Shoals and Burrell beinpr already in the Federal penitentiary. District Attorney Attorney Kat Doak decided to try Baty alone, and assisted by Ed H. AleOuistion. then county attorney to B. B. Sturgeon. the negro was c<>nvirte<~ and sentenced sentenced to be hanred. His attorney attorney took an appeal and the cor.- vlctiors was re'-~er^e«i. Doak was much cha^rin-^u at the reversn.1 for he r.s<2 wh.it appeared to be a perfect case. Johnson having 1 related related the affair in'great detail. It was true thxt the close inspection inspection made of the premises and a year. Baty hnd contracted or developed developed tub-erQulosis and soon After After being: released he died. Xothing then apparently could' be done with Johnson, the* murderer murderer and perjurer, because of the men who could have testified against him Shoals was dea<j anJl Burrell would have to be pardoned pardoned before he could become a competent competent tvi t ness, and even then his testimony would be that of an accomplice. accomplice. Burrel! lat^r died in Leaven worth and still later Johnson Johnson di""d and no further action couid have been taken. Except for the delay in Baty's appeal h-»- Avouid likely have been tried a second time and handed — an entirely entirely innocent mnn.