Please pardon the cross-posting. Please respond directly to me, as I am
not a subscriber of the DeathPenalty or H-LAW.
While surveying death penalty cases in the Indian Territory, a professor
has one convict whose end is not recorded, "end" being either hanging,
death in prison, or pardon.
"Kid Kelley was convicted in the Southern District of Indian Territory for
murder, and sentenced to hang. His conviction was affirmed by the Indian
Territory Court of Appeals, September 27th (or 26th), 1907, shortly before
Oklahoma became a state November 16, 1907. Seat of Southern District was
Ardmore. About 1909, federal prisoners were moved to Muskogee. Cannot
find anything on Kid Kelley after September 1907. One exception, in
November 1909, Criminal Court of Appeals dismissed appeal on ground that
it did not have jurisdiction. Strange thing about this case is that is
not reported in the Table of Cases. I found it purely by chance. Opinion
says writ of error was allowed to Eighth Circuit, but Eighth Circuit had
no jurisdiction of capital cases in Indian Territory Court of Appeals.
Have not found anything in Eighth Circuit either.
Nothing was found in newspapers for Ardmore and Muskogee, or the annual
report of the Attorney General (U.S.)"
Any clues, pointers?
John M. Perkins
Oklahoma City University School of Law Library
405-557-6030, 405-521-5172 fax
jperkins@lec.okcu.edu
This archive was generated by hypermail 2b29 : Wed Nov 14 2007 - 20:49:51 PST