The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-03-29
DEMURRER
SUSTAINED
BY BURFORD
Indictment of Loan and Tru ST
Company are Void.
NOT SPECIFIC ENOUGH
Investor May Sue for Amount
of Investment
NOT SPECIFIC ENOUGH

Guthrie, Q. r. March 2S-The indict-
ments against the stockholders Of the
Oklahoma Savings, Loan and Trust com
pany for running a lottery, J. w. Nc
Neal, w. J. Horsfau Of this city, Ex-
Governor Seay and Ralph Seay of King
fisher, John W. SharteI of Oklahoma
City. and F. p. Young Of Denver, re-
turned by the Logan county grand jury,
were declared void tonight by Judge
Burford who sustained the demurrer to
the indictments made by the parties in
dicted several days ago. The matter
was argued by the attorneys for the
prosecution and defense at length, citing
many references in such proceedings. 1t
was claimed by the defendants that the
indictments were too indefinite regarding
the particular kind of lottery scheme
carried on. Judge Burford in making
his decision said in part: This court
has never been inforAed except by the
newspapers what kind Of a lottery plan
these gentlemen have been charged with
running according to the statutes Of
Oklahoma the law in regard TO lotteries
Is very far reaching and it may take in
rafles Of any kind, slot machines, church
fairs. anything of that sort and conse-
uuentlv the indictments are deficient in
not stating just what kind Of a lottery
plan is meant. According TO all court
rules the accused has right to know
with what he is charged IF the case
shouId DE brought to trial, I would not
know under these indictments what
these Gentlemen are charged with. The
members Of the grand jury could not
state they were unable to determine
what kind of lottery these gentlemen
were running, as the assets are in pos
session Of the court, a receiver having
been appointed to take charge OF them
and were open for investigation, ] win
sustain the demurrer to the indict-
ments"
The officers of the company. who are
now released from Indictment, may be
liable to be the defendants IN a suit to
be brought by investors in the concern
which they represent and which is now
I'm the hands Of receiver. This suit viii
be brought I'm case the company cannot
nav out dollar for dollar in order to OBJ
tain the fun amount of money invested
bv people in this and other counties in
Oklahoma The correspondent for the
Eagle was informed this afternoon by
Mr.. c. G. Horner of the firm of Cottrell
& Forner that they had ben authorized
by investors to bring the suit if the
companys bushes was not settled up so
that the investors wiz get an Of their
money
Tt is anticipated now that under the re-
ownership the company VIII pay about
Sc cents on the dollar. and if the de
fcit is made up by the stockholders any
action which might be contemplated
viii he dropped.
CotreH & Horner forced the receiver
ship some time ago. This was after the
company had ben denied the use Of the
mails. Tt was considered impossible to
transact the business Of the company
without the use of the mails owing to the
fact that The payments were made
monthly and that it seemed that the bust
ness could not be carried out unless the
malls were used. Since that time the
company has not been doing business
and the assets have been i'm the hands of
MT Gray who is closing up the business
at this time