Plaintiff in error was convicted on January 16, 1894, in the district court of the United States for the district of Kansas, of the murder of one John Mullen, which was alleged to have been committed on December 12, 1889, 'within that part of the Indian Territory lying north of the Canadian river and east of Texas and the 100th meridian, not set apart and occupied by the Cherokee, Creek, and Seminole Indian tribes, * * * the same being a place and district of country under the exclusive jurisdiction of the United States, and within the exclusive jurisdiction of this court.' The indictment was returned to the September term, 1891, of the district court at Wichita, at which term defendant was first tried and convicted. From this conviction he sued out a writ of error from this court, which reversed the judgment of the district court, and remanded the case for a new trial. 146 U.S. 140, 13 Sup. Ct. 50. The case was continued until the December term, 1893, at which term plaintiff was again put upon his trial, and again convicted, whereupon he sued out this writ of error.
Chas. R. Reddick, W. W. Dudley, L. T. Michener, and A. S. Browne, for plaintiff in error.
Asst. Atty. Gen. Conrad, for defendant in error.
Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.