Hickory v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES. FOR THE WESTERN DISTRICT OF ARKANSAS. Sam Downing, alias Sam Hickory, and Tom Shade, two Cherokees, were indicted and tried for the murder of Joseph Wilson, a United States deputy marshal, the trial resulting in the acquittal of Shade and the conviction of Hickory, who, being sentenced to death, prosecuted this writ of error.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES. FOR THE WESTERN DISTRICT OF ARKANSAS. Sam Downing, alias Sam Hickory, and Tom Shade, two Cherokees, were indicted and tried for the murder of Joseph Wilson, a United States deputy marshal, the trial resulting in the acquittal of Shade and the conviction of Hickory, who, being sentenced to death, prosecuted this writ of error. As stated in the brief for t,he government, Hickory admitted that he killed "Wilson, but claimed that he was the attacking party; that the marshal came to arrest him for a violation of the liquor laws, and after the…
1Opinion of the CourtChief Justice Fuller
1. Hickory being called in his own behalf, denied that the letter marked “A” was in his handwriting. His counsel offered a paper which Hickory testified he had written at the table in court that day, “ to compare with the writing on the document marked ‘ X,’ as produced by Joseph Shade, written previous to this time, and also to compare with the writing marked £A,’ offered in evidence by the district attorney.” The court excluded the evidence and the defendant excepted.
According to the general rule of the common law, the genuineness of disputed handwriting could not be determined by the court…
2Cases cited7 opinions
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