Usually, all territorial officials understood the patronage system of the U.S. government and submitted their resignations promptly, but apparently Justice Scott did not follow the custom.
As a result, Scott made himself a target for harassment by Republican officials until he finally resigned in 1896, leaving Oklahoma Territory for permanently.
His father was Caleb L. Scott, also born in Berlin, Illinois, and his mother was Charlotte K. Templeton, a native of Ohio.
[1] In 1890, Scott declined to be the Democratic nominee for U.S. Congress from the 7th District of Kansas throwing his support to Jerry Simpson.
They stayed until Scott was summoned to Guthrie on another matter, then got released by Oklahoma County Judge S. A. Stewart on a habeas corpus plea.
Judge Scott was called to Guthrie a second time, so while he was away, Brown and McMaster were released by Oklahoma County Sheriff Fightmaster.
This time he prepared an order stating that if Brown and McMaster were released, the sheriff would be held responsible and removed from office.
The grand jury found a rather small amount of expense report padding, but too little evidence to prosecute either the marshal or Justice Scott.
The Times Journal recommended that the attorney general looked harder until he realized, that he must,"...rid this judicial district of the incubus that now rests upon it.
"[2] An item in The American Lawyer (byline Guthrie, Oklahoma) offered the following information: "Judge Henry W Scott from Oklahoma City, who is in New York, writes a prominent Democrat here that he has asked Attorney-General Harmon to accept his resignation at once, as he has formed a partnership in New York city.