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Osage Indian Murders — Part 7
Page 41
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Varicus witnesses were used te submit their evidence es tc the
exclusion of these statements. amonz these witnesses were all of the
ferents, including myself, br, Leahy and ar. Jeffries. Go suppor: the
defense's side, they used Burkhart as a witness, as well as Hill hele
and John Ramsey, 611 of whom testified to a wery ridiculous story that
we had punished ther to secure the ctateuents, ETL” Hale cleimins thet
we had put a bleck cap’over his heac and placed him in e chair crarced
in order to get a statement, all of which he resisted’ and retul le tec
do, Hamsey and gurkhart had similar stories of lesser degree,
The Court excluded the statement made by Hurkhart to Special sgent
Smith and me but submitted the evidence given by Surkhart to the rederal
Grand Jury at Guthrie in Jenuary and algo the’ statement meade te ur, Leahy,
Assistant county Prosecutor Jeffries and myself at irkensas City. The
Court remurked that in excluding the statement made to Special tgent Smith
end mrself, it did not take into consideratic.. the stor told by Hale,
vemsey @.2 Burkhart es to tie punisiguent used by 15, etc., 25 tacte sicries
guemed to Ve Very unreascanile, but that the etatouent thore mice was mot
ercest cherved with first degree
wc: 3idered yoluntury as the man wes wiier 2
mirder and had been taken from rawhuska, Okle., where he wus err2sted,
to Guthrie, Okle., arriving there et micnizn. anc there told that the
bederal Grené Jum was in session hearing tno murder cose against him end
others - that the Court considered, wider these circumstances - the stsgte-
ment mode by Purkhaurt at that time was not voluntery but thet the other
stctoments, mede before the Federal Grand Jury and in Arkansas vty, | -7Te
volurtary stetenents and they would te subnitced te toe cory. “eric 7
the Jury was recalled and evidence saomittec,
The state preved a conspiracy cetween Hale, Remsey end Burkhart to
bring ebout the marder of these Incdisns who were related to Burknart's
wife and thereby allowing the fortuxe tc cone to Volly surknart (arnest
Burkhert's wife} anc Bill Hele, Ramsey and Evrkhart secure the seme, and
the <tate thereby submitted all the evideate with reference ti te murder
of Anna Brown, i. b. Seth, his wife and servant girl, but dic aut bring
in gny evidence with refercnce to tie Noun case,
Dering? the entire prosress of this trial, orn:-t surkiert seemed te
be yery restless and nervous, The Deputy Sheriffs who ced caarge ¢ver him
Aes
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