the bankrupt was trading, printing, publishing, mining, manufacturing or a mercantile pursuit, refused.

In re Mary H. Riggs, Vol. 214 Adv. Sheets, No. 1 p. 9.

1. Where a decision of the Land Department rests on the priority of equitable rights of a contestant it is conclusive upon the courts so far as it involves questions of fact; and on a mixed question of law and fact it is conclusive unless the court can so separate the question that the mistake of law is clearly apparent.

2. Where the controversy in the Land Department involves the question of whether the first occupant occupied the land for homestead or town-site entry, and there is evidence to support the Secretary's finding, that finding is conclusive on the courts even though the evidence be conflicting.

Whitcomb vs. White, 214 Adv. Sheets, U. S. 15.

THE BANKRUPTCY DECISIONS.

INJUNCTION-Action in State Court to Foreclose Lien on Real Property.

Where a court of bankruptcy is in actual possession of real property belonging to the bankrupt it is held by the Circuit Court of Appeals, (8th Circuit), in re Dana, 21 Am. B. R. 683, that it has jurisdiction to determine the amount and order of priority of liens thereon and to liquidate such liens, and in aid of its jurisdiction may, by injunction, restrain the prosecution of actions brought in a state court before the institution of the bankruptcy proceedings, but within the four months period, to foreclose liens upon the property which are concededly valid. BANKRUPTCY ASSETS-Conditional Sale of Cash Register Held Under Similar Contract.

Where a corporation shortly before its bankruptcy, sold a cash register held by it under a conditional contract

of sale or rental, and with its knowledge and consent, its vendee entered into a similar contract with the manufacturer of the cash register, it is held, in Re Greek Mfg., etc., Co., 21 Am. B. R. 717, that the reservation of title in him was valid between the parties, and as against the bankrupt and its trustee, though an execution had been issued upon the judgment notes given to the bankrupt on the transfer of the cash register and a levy thereon under said execution was pending at the adjudication in bankruptcy.

RECEIVERS -Appointment-Competency and Fitness Subsequent Election as Trustee.

In re Huddleston, 21 Am. B. R. 669, holds that after adjudication of voluntary bankruptcy, an application by creditors, in which the bankrupt unites, to appoint a receiver or custodian to preserve the assets of the estate, otherwise wholly unprotected, will usually be granted, especially in the absence of any charge of fraud or collusion, and where the creditors and other persons interested make no objection whatever. It is further held in this case that when a receiver is designated by the court, the subsequent election by the creditors of the same person as trustee is evidence of the fitness and competency of such person.

ATTORNEYS-Retaining Lien-Upheld in Bankruptcy. In Matter of Brown & Fleming Contracting Co., 21 Am. B. R. 662, the U. S. District Court, Southern District of New York, has held that an attorney's retaining lien on the papers is generally recognized and upheld in bankruptcy, but where attorneys file a claim and ask to share in the proceeds of property sold by the trustee, they may be required on equitable principles to deliver muniments of title in their possession to the trustee for record, after which the papers should be returned to them, to be held subject to their lien.

CLAIMS-Release of Security by Liquidation Agreement Where an unsecured creditor of a bankrupt corporation,

in need of money, loaned it a large sum, and received as security for repayment accounts against third persons guarranteed by the corporation, it is held, In re Cyclopean Co., 21 Am. B. R. 679, that he is entitled to such security against the trustee in bankruptcy, though with other creditors of the bankrupt he, without stating any amount, signs a so-called liquidation agreement for settling the indebtedness of the corporation.

BANKRUPT CONFINED IN HOSPITAL FOR CRIMINAL INSANE-Examination under section 7.— In the case of In re Thaw (C. C. A, 3rd Circuit), 21 Am. B. R. 561, it has been held, that though under section 7 of the bankruptcy Act, 1898, it is the duty of a bankrupt to attend the first meeting of creditors, his attendance thereat may not be compelled by them as a right by a writ of habeas corpus ad testificandum, the granting of which is matter of discretion. It was further held that, where a person, while legally confined in New York hospital for the criminal insane, was adjudicated a bankrupt in Pennsylvania, an order quashing a writ of habeas corpus ad testificandum to obtain his presence as a witness at the first meeting of creditors was, in the cireumstances, properly quashed in the exercise of judicial discretion.

DOWER-Wife of Bankrupt Consented to Sale of the Real-Estate.

Where a bankrupt's wife, in a letter to his trustees, authorizes them to apply to the court for leave to sell his real estate and pay her a sum named in settlement of her dower interest, it is held in Matter of Acritelli (D. C., N. Y.), 21 Am. B. R. 537, the real estate may be sold free from her inchoate right of dower.

CURRENT DECISIONS OF THE CRIMINAL COURT OF APPEALS OF THE STATE OF OKLAHOMA.

TOM PHILLIPS, Appellant,

VS.

THE UNITED STATES, Appellee.

NO. 70

Appeal from District Court of Pittsburg County. Hon. P. B. Cole, Trial Judge.

Affirmed.

First. When the case-made does not contain a copy of the instructions of the court to the jury, a statement contained in a motion for a new trial, purporting to give such instructions, will not supply the omission, and alleged error in the instructions given or to the refusal of the court to give instructions requested, will not be considered on appeal.

Second. (a) The rule is that when there is any evidence in the record from which the jury could legitimately draw the conclusion of guilt, a conviction will not be set aside upon the ground that the verdict is not supported by the testimony.

(b) When a person fires a gun into a crowd, not caring who he may kill, with the intention of killing some one of them, it is an assault with intent to kill each one of them.

(c) For facts constituting an assault with intent to kill when the defendant fired a Winchester into a crowd although no specific intention was proven to kill the particular person who was wounded by such shot, see facts stated in the opinion.

(Syllabus by the Court.)

A. S. McKinnon, Attorney for Appellant,

Chas. Moore, Assist. Attorney-General, for Appellee.

STATEMENT OF THE CASE.

On May 7th, 1907, Tom Philipps, (hereinafter called the defendant), was indicted by the grand jury of the Central District of the Indian Territory, sitting at South McAlester, for assault to kill. The case was transferred to the district court of Pittsburg County, upon the incom ing of statehood. The defendant was tried and convicted on said indictment in said state court, and the case is regularly before us on appeal.

Opinion of the Court by

FURMAN, Presiding Judge:

First. The case-made does not contain the instructions of the court to the jury.

The motion for a new trial does set out what is claimed to be the instructions given. From the high character of the counsel for the defendant, we are satisfied that the instructions were copied correctly in the motion for the new trial, but we are without power to consider any objections to the instructions given or to pass upon the instructions requested and refused unless they appear properly in the record. It would be a most dangerous precedent to establish to pass upon such questions as these from statements contained in a motion for a new trial. The instructions themselves should be incorporated in the case-made, or presented by a transcript of the record, and it must appear by the certificate of the judge or the attestation of the clerk that they are a true and correct copy of the instructions given, or requested and refused, as they appear of record in the trial court. Owing to this defect in the case-made, we cannot pass upon any question relating to the instructions given or to the instructions requested and refused.

The

Second. The only question we can consider is as to the sufficiency of the evidence to sustain the verdict. following is a condensed statement of the evidence introduced upon the trial:

"Defendant married the daughter of Ben Thompsonthey had been separated for several months-the defendant then living with Man Hatridge about two and one