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This message has been edited. Last edited by: Tootie,
 
Posts: 13 | Registered: Sun February 08 2009Reply With QuoteReport This Post
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Judy,

Since you already have all the case numbers (10okcr216 / 4okcr379; 10okcr217 / 4okcr390; 10okcr218 / 4okcr390), I assume that you have located these cases on the Oklahoma Criminal Court of Appeals website. If not, you may read them at:

http://www.occa.state.ok.us/

They don't go into any great detail concerning the actual "offense". It's mainly a lot of legal questions on whether or not an individual can be tried on a dual charge of "riot" AND "robbery" at the same time; or, tried as seperate charges.

From what I was able to glean from the slight inferences to the case, it appeared that Jonas Holt, John Rogers, & Jesse Thompson, possibly law enforcement officers, went to investigate some sort of disturbance; and, encountered Colon Cochran, Willie Cochran, Sam Sawney, & Nelson Teehee at this location.

In the melee, Colon Cochran (some how) disarmed the lawmen . . . taking their weapons; thus, the robbery! Colon Cochran was tried seperately from the others . . . if the others were tried at all. This happened in Adair County.

On the charge of "Riot and Robbery", Colon was convicted; however, on 11/23/1910, the Court reversed the conviction and remanded it. On the charge of "assault with intent to kill", Colon was convicted and sentenced to five (5) years at Big Mac . . . this sentence was "affirmed"!

Of course, one could find out the specifics about this case in the local newspapers of the time. (I'll see what I can find - - next week.)

If you would like to read the ENTIRE "CASE MADE", including the TRANSCRIPT of the trial, those records are maintained by the Oklahoma Department of Library (3rd Floor), located off Lincoln Boulevard. The Appeal Numbers for this case are: A-268 & A-269

Hope this helps.
 
Posts: 195 | Registered: Mon December 15 2003Reply With QuoteReport This Post
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"IF" there is a transcript in the file at the Department of Library, it would be the transcript of the ACTUAL trial.

I have viewed many files -- there -- that only contained the legal filings connected with the case, ie. affidavits, writs, etc. And, on several rare occasions, I found files that were complete with the transcript of the proceedings AND the "exhibits" used in the trial. At the end of the trial, if neither the prosecutor, nor the defense, was interested in re-claiming the exhibits, submitted during the trial, the exhibits stayed with the file.

Normally, the transcript is the main document in the file - - that is, if someone hasn't removed it at an earlier date.

You'll need to contact the Department of Corrections for the prison record. I'll have to get back to you on that; unless, someone else on-line has a contact person to suggest. My contact use to be Mr. Jim Rabon; but, I think he's turned it over to someone new. I just don't have the address and persons name with me right now. I have to visit my 'bat cave' for that information.

More later.
 
Posts: 195 | Registered: Mon December 15 2003Reply With QuoteReport This Post
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(Source: Adair County Democrat 4/9/1909 {p1c4}):

"Deputy Sheriff Sanders arrested Nelson Teehee last Friday (4/2/09) and brought him over to the authorities. He is charged with two crimes, both of which are very serious: assault with intent to kill City Marshal Rogers, and robbery -- taking guns from officers.

Saturday, Sam Sawney was brought in and waived prelim hearing. Sunday night, Colon and Will Cochran went in and surrendered to Sheriff Adair; and, Monday morning, they were brought before Judge Shannon, and waived prelim hearing.

By agreement, their bonds were finally set at $1500 each, which they gave. All their cases will come up at District Court, which convenes next Monday. {date line: Stillwell Standard}"


(Source: Adair County Democrat 4/23/1909 {p1c1}):

"The trial of Colon and Bill Cochran, Nelson Teehee and Sam Sawney, who disarmed the officers and shot Marshal Rogers on the 17th of last month, was held at Westville this week.

The evidence all showed that Colon was leader of the gang, that Tehee was unarmed until they took Holt's pistol and gave it to him with which he shot the Marshal 'at the directions of Cochran'.

There are two charges against each of them . . . highway robbery and assault with intent to kill. Colon stood trial on both charges and was convicted on both. The other "boys" enter pleas of guilty and will be given leniency by the court!"

(Source: Ibid. {p1c3}): "Cochran convicted and sentenced to 10 years; Tehee convicted and sentenced to 3 years; the other accessories were fined $250 each."

(NOTE: It appears from these short articles that they were (probably) just "wannabe outlaws" - - young "boys" - - led by Colon Cochran, hijacking travelers along a roadway - - thus the reference to "highway robbery". The ten (10) years that Colon received, as his sentence, was (probably) 5yrs for the "riot & robbery" charge, which was appealed and reversed; and, 5yrs for the "assault with intent to kill", which was affirmed!)
 
Posts: 195 | Registered: Mon December 15 2003Reply With QuoteReport This Post
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Judy,

Don't give up hope on having a real, authentic "outlaw" in the family! This incident might have been just the first of many nefarious acts performed by your "misunderstood and wrongly convicted" ancestor.

Did he make it to Big Mac, or did he take off -- escape, living an exciting life on "the owl hoot trail"? Or, if he was incarcerated, how did that change him? Did he come out "reformed"? (Knowing the conditions in the prison system at that time (and now), that's doubtful.)

As Paul Harvey use to say, "...and here's the rest of the story". I hope that everything worked out for him. More research needed!
 
Posts: 195 | Registered: Mon December 15 2003Reply With QuoteReport This Post
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