The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-05-21
MOTION TO
QUASH THE
INDICTMENT.
Made in the Case of Asa
Sharp at Perry,
SEVERAL GROUNDS STATED
Defense Given Till Today TO
Make Answer
SEVERAL GROUNDS STATED

Perry, o. T., May 20.-The case Of the
United States against asa c. Sharp.
charged with accepting and soliciting
brides. while acting as Indian agent Tor
The Ponca and Missouri ard Otoe Indians.
70 influence his action in leasing certain
pasture lands belonging to their tribe.
came UP in hte district court here this
morning before Judge B. F. 'Burwen, who
had been assigned TO try the case by
Chief Justice Bunrfopd after a change Of
Judge. from Judge B. r. Hainer. of this
district, had been asked for by the de-
PENDANT and allowed
The attorneys for the defense fled a
motion to Quash the indictment on two
grounds. First. that the grand jury that
found the Indictment was Improperly i'm
paneled and. se4ected, and had not been.
draw mas provided by law second, that
there was no evidence submitted 70 the
grand jury sufficient to authorize it TO
ind an Indictment
One of the counts in the indictment
and the principal one, IS that an agent
Tor Smith & WitherspoOn the cattlemen
who first tried TO lease these pastures.
paid 60 the defendant, sharp the sum Of
$500 ia cash for Sahrp's influence in pro-
curing the lease TO be made, and APPROX
ing the same. argument by counsel de-
Veioped the fact that the said agent was
never before the grand jury, and the de-
Tense claims there was no one else com
petent 90 testify to the fact that the
money was offered or accepted, and that
this count In the Indictment was found
on immater1 evidence and should have
not been brought in on the evidence acru-
ally before the grand jury. Attorneys for
the defense also claim that the same state
IF facts exist in reference to the other
three counts in the Indictment charging
Sharp with soliciting the brides Of 50 600
and $500. the latter charge being in dup
ucate
As the alleged facts could not be proven
10y the witnesses for the United States.
and as it developed that some Of these
witnesses were not present. the court
granted a continuance on reqeust of the
defense. until 10 O'Clock tomorrow, 70
enable the missing parties to be brought
into court. Subpoenas were also asked
for a number Of the members Of the
grand jury. Who win be placed on the
stand to testify as to what was the real
evidence before them on which they in
dicted sharp.
The case WIN be holly contested, and
VIII be as famous I'm fits way as the Ober-
lin Carter ease. with the exception that
Sharp is only charged with getting thous-
Rnds where Captain Carter was charged
with accepting millions of dollars. Except
i1 this particular the eases are very sim
GAR Both defendants are from the high
est circles; both we're government officers
and both were charged with accepting
brides to influence them in the perform
nnca Of their official duties. Captain Car
ter was convicted ard is now serving
FIVE years sentence in the United States
penitentary at Leavenworth, Kansas
THE defendant in this case Asa c. Sharp,
backed by powerful political inuences,
and defended by able attorneys. win avail
himself OK every opportunity to escape a
like fate.