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ve a W. K. HALE et al page 2. © BP. §. Saiva 3/20/26 + x FS not ‘Indian Gountry” and therefore not within tre juris- { duction of the United States. Notice of appeal was given, end { ts the defendants were releaseé on their own recognizance in the . Ssum of $25,000.00. Copy of the opinion of the Court is stteched * hereto and made a part of this report. . * On the same date all information regarding the murder of Jest E. Smith was placed in the hawds of the County Attorney of eG Oeage County, who filed an information charging ‘/. L. Zale and Shai Ramsey . With the murder of W. E. Smith. The U. S&S. Marghal bad held the defendants (on suggestion of the Court) and then turned them over to the Sheriff of Osage County. The prelini- nary hearing was set Tor liarch 1é. “- <r. John Leahy, of Pavwhuska, was exptoy ed as Special -Gounsel to assist in the prosecution. On March i1, 1926, ir. -sLeany -interviewed Ernest Burkhart, in the presence of AgSs. 2 Gounty Attorney Jeffries, but out of the presence of any Gov- > e6ranent enployees. lr. Leahy tol Burkhart that 2. vanted to “know the whele truth and to know exactly waat stand Burkhart was going to take. Burxzart reaffirmed was truth of Lis state- ™ + A tact 7 4 o TT). ~ * wents and testimony before the UU. &. Grant cury, and Lecrts are informed that he also save Mr. Leahy additioval informatisa re- " garding these murders. . rc oer Weir Ow arin kat aad Near the close of tie Zirst dey of th: prelininary hearing “Borkhart wes put on the stand. Hale's avucrneys atmouncea ia She, ty fount that Burkhart was their client and denended the rig.t to (i etedk with hin. Questioned by the Cours, Bursheart cai be nod no attorneys, but that he was willing to telz to Hale's atticneys. rm i * < ~_+ —7 .o0. «hey Were aliowed five minutes, and at the expiration of he.f an 3]... hour, were called back to the court room. £n eajournueny ws ; ~ taken, and Burkhart, tozethcr with the defendants, vheir wc V.ornsys and relatives, locked themselves in a room in the Court —ousa. “oe he v2 hel feb bt. em oF The. following day, without being out on the stand, Bur richert re- 41S fused to testify, and repudiated ell of his stetencnts. ¢. Ke 46 Templeton, County Attorney, then filed an information charsizxeg 47): Burkhert with the murder of . EB GQuith. Burimert ister toon gg. the stand as a witness for the defense. and Cenied the truth of 49 0 his statements to Agents and his testimony before the U. &. ‘sg « Grand Jury. He also denied that he hei ever msde a stavement to ‘2: ° Me Leahy. At the conclusion of the prelizinery inte end Anisey 52- Were held witnout bond for trial before tic District Court of 53.47 -OBage County. _— Ne oe The preliminary was marked: by a constant effort on the part Not ale! S attorneys to discredit and defame all Govermiem em- eae “ployées who had participated in this investigation. The defense * 7 oe . nm ne ———— Ah gta BPE ge = 7 fP OS