The Daily Ardmoreite
Ardmore, Oklahoma
Wednesday, February 28, 1894
pg 1

HOLMES McLISH KILLED

News was received today that Holmes McLish, brother of Richard McLish, of this city, was shot and instantly killed at Tishomingo yesterday by a man named McSwain, a brother of one-armed McSwain, well known in Ardmore.
McLish was shot twice in the back, and strange as it may seem, McSwain claims it was accidental.
None of the minute particulars could be obtained, and in their absence the Ardmoreite refrains from expressing an opinion. It is the general belief, however, that it was murder most foul.
Richard McLish has gone to the scene of the killing to take charge of the remains of his deceased brother.



The Sunday Gazetteer
Denison, Texas
Sunday, March 11, 1894
pg 4

Charles McSwain, who shot and killed Holmes McLish in the Chickasaw nation a few days since, is in the city at the home of his mother and will go down to Sherman to-morrow to stand his preliminary trail before Commissioner Ricketts.



Chicago Tribune
Chicago, Illinois
Sunday, March 18, 1894
pg 27

REQUISITION BY AN INDIAN GOVERNOR
Gov. Wolf Asks Gov. Hogg to Surrender a Prisoner.

Denison, Tex., March 16. - (Special) - Gov. Wolf of the Chickasaw Nation made a requisition today on Gov. Hogg for the delivery of Charles McSwain, who shot and killed Holmes McLish. McSwain is a white man, married to an Indian woman. He was taken from the Territory, and is at present in the county jail. It is claimed that the Indian authorities have no jurisdiction in the matter. This is the first instance where an Indian Governor has made a requisition on the Governor of a State for the custody of a prisoner.



The Sunday Gazetteer
Denison, Texas
Sunday, March 25,  1894
pg 4

In the commissioner's court at Sherman this morning, Charles McSwain, charged with killing Holmes McLish, waived examination and was conveyed to Paris where he will be given a trial before Judge David Bryant.



The Sunday Gazetteer
Denison, Texas
Sunday, April 15, 1894

Hon. I.M. Standifer spent the early part of the week in Paris as attorney for the Chickasaw nation in the McSwain habeas corpus trial. The plea is set up by the territory that McSwain is part Indian, and as the man killed an Indian, the federal court is without jurisdiction.



The Daily Ardmoreite
Ardmore, Oklahoma
Monday, April 16, 1894
pg 1

AN INTERESTING DECISION
In March, Chas. McSwain killed Holmes McLish, an Indian, in the Chickasaw Nation, and was arrested by the Indian authorities. McSwain is a white man but married an Indian. The United States courts took cognizance of the case and took McSwain from the custody of the sheriff of Tishomingo. Thereupon arose a very interesting question of who had jurisdiction of the crime. Messrs. Standifer & Eppstein and C.H. Smith representing the Chickasaw Nation claimed that the marriage of McSwain to an Indian gives the Indian courts jurisdiction, while McSwain's counsel, Mr. A.B. Person, contended that the U.S. courts have jurisdiction. On Monday Mr. Standifer and Mr. Person went down to Paris on the case and it was decided that the Chickasaw Nation has jurisdiction of McSwain. He will, therefore, be prosecuted in their courts. - Gazetteer.



Arkansas City Daily Traveler
Arkansas City, Kansas
Thursday, April 26, 1894
pg 2

A NEW QUESTION
A Prisoner Sues out a Writ of Habeas Corpus

Denison, Texas, April 26. - Tomorrow the McSwain case comes up before Judge Bliss at Sherman on habeas corpus, claiming that he is held illegally.
Charles McSwain was arrested at Tishomingo, I.T. for the killing of Holmes McLish. At Paris a few days ago, the United States court decided that the federal court had no jurisdiction in the matter, and McSwain was released. Shortly afterwards, he was arrested in Sherman as a fugitive from justice and is now held awaiting the arrival of the Chickasaw authorities.
Co. A.B. Persons, McSwain's attorney, will raise a new point at the habeas corpus proceedings tomorrow, which has the distinction of being the first time in the country. During the regime of Gov. Byrd as law was passed by the Chickasaw government, depriving the squaw man from all privileges as a citizen, except to hold land.  When McLish was killed by McSwain, the latter was a squaw man and not a citizen of the nation. The point to be brought out is: The governor of the Chickasaw Nation has no legal right to issue requisition on the governor of another state, nor has the governor of a state the privilege of recognizing the requisition even though it is issued. It is contended, by the defendant's attorney that the Chickasaw nation is a separate and distinct sovereign from the United States and owes no allegiance except to the federal government.
The case is of considerable interest as the people of Chickasaw nation and Denison, as the prisoner's mother and sister reside here and intense interest will be manifested in the outcome.



The Daily Ardmoreite
Ardmore, Oklahoma
Saturday, April 28, 1894
pg 1

As was foretold yesterday in these columns, McSwain habeas corpus proceedings were withdrawn last evening and this morning McSwain passed through the city enroute to Tishomingo - Denison Herald.



The Sunday Gazetteer
Denison, Texas
Sunday, May 27, 1894
pg 5

Charles McSwain, charged with killing Holmes McLish in the Indian country, has been admitted to bail, $500, and is again at home. McSwain has a number of relatives in Denison.



The Daily Ardmoreite
Ardmore, Oklahoma
Sunday, January 19, 1896
pg 3

Judge Garrett has been very busy since the holidays trying cases of hog stealing, and quite a number have been bound over to the Ardmore court, among them are Chas. McSwain, an intermarried, . . .



The Daily Ardmoreite
Ardmore, Oklahoma
Sunday, November 26, 1899
pg 8

Chas. McSwain, convicted of the murder of Holmes McLish, has been granted a new trial by Special Judge Maytubby. The irregularities on the part of the jury furnished ground for the ruling of the court. Some of the best legal talent in Ardmore will be employed in the case for the next trial.



Charles McSwain who shot and killed Richard McLish in the Chickasaw nation a few days since, is a brother to Mrs. Minnie Bailey, wife of Dr. Bailey of this city. The preliminary trial was called by Commissioner Rickets in Sherman Tuesday, but owing to the absence of important witnesses the trial was postponed until some time as the presence of the witnesses could be secured.



The Sunday Gazetteer
Denison, Texas
Sunday, January 27, 1901
pg 4

Thursday, Jan. 27
Charley McSwain, well known in this city, was shot in the face and seriously wounded by an assassin at Tishomingo. McSwain was seated in his home when some person on the outside shot him through the window with a winchester. The bullet took away a portion of his jaw and nose. It was a frightful sight but McSwain will probably recover.



The Sunday Gazetteer
Denison, Texas
Sunday, February 3, 1901
pg 4

Charley McSwain, who was shot by a cowardly assassin at Tishomingo, will recover. Harry Lewis, colored, charged with doing the shooting had an examining trial, and was bound over in the sum of $1,000 to await the action of the grand jury. He is now in jail at Ardmore.