The Montgomery advertiser., 1903-11-19
CHARGE NOT FROM MALICE
 --s Showing Made by AttOr-
 ney Summers. |HEsToPPEDMvEsTIGATIoN Effort to Shield United States | Senator Dietrich. Attorney General Knox Gives Out corrsspondencs Between Ills De-
 partmsnt and the Govsrnmsnt's Prosscutor at Colon.
HESToPPEDMvEsTIGATIOr

| Washington. Noy. ls---Correspondeuc that passed between United States Attor- | neys Summers at Omaha and Attorney General Knox in June last in the matter of charges against Postmaster Fisher of
 Hastings. and United States Senator Dietrich of Nebraska and the inveskiga-
 ton of the same by the grand jury was made public today.
 | The letter of Mfr. Summers to the At
 torney-General Is dated Juno is. and is as follows:
 T have the honor to transmit to you
 herewith the testimony given before tiIs United States grand jury. June 6 l90s. by Leopold Hahn of Hastings. He was called on account of weil-defined runners ] in circulation and charges based thereon as to the violation of the Revised Statutes of the United States by Jacob Fisher. who Is now postmaster in the city of Hastings.
 'sThe testimony. you will see. reflects
 not only coon Jacob Fisher, tho post
 master. but as we'll upon United States
 Senator Charles H. Dietrich of Nebraska.
 The grand jurors insisted upon making thorough and searching investigation. This investigation was discontinued at my request because of the fact that the involved in the question they desired to investigate.
 Stopped by Summers. At the same time stated to the grand jury that the investigation VIII Dc made by another grand jury If 1t Do diseloaed subsequently, that the ends of tuatica demand For the purpose If prevailing upon the grand jurors to discontinue the
 investigation, stated to them would submit the information to the Depart ment of Justice and ask for direction in | the premises. With the assistance of the
 foreman of the grand jury. one of the prominent and influential citizens Of the i State. | was able 10 prevail upon the | grand Jurors to comply w1fhgmy request Tn this connection permit mo to say l there are appointmanks in this Etate other than the one at Hastings named in \ the testimony submitted herewith about
 position to inquire. No witnesses were | examined as to them, however, for the same reason given before. hold naysoif
 in readiness to follow any direction you | may give me-" &
 The reply of the Attorney General is
 dated June 2e and is as follows: T have your letter of the 2srd instant. You correctly state that this testimony reflects not only upon Jacob Fisher. the
 postmaster. but as we'll upon Senator
 Deitrich. You likewise in your letter state that the investigation by the grand jury
 was. discontinued at your request. the
 reasons winch prompted you to make such
 request and the means which you en- pioyed in securing that end.
 Summers Called Down. r'Tn reply state you should not have requested discontinuance of the inves- tigation against the grand jufy's insist enee because of the fact that the cori- duct of United States Senator was in-
 volved From the copy of the proceed ings before the grand jury 1t appears that at the time the testimony closed a most extraordinary and discriminating story had been told by the witness Hahn in which
 Senator Dietrich was criminafiy involved but the facts which formed the basis of this talk were not of the witness's own
 knowledge. Fairness to the person thus
 incriminated as well as other considera- tions of duty should have caused you td refrain from interfering with the desire of the jury to probe the matter to the bottom. I especially disapprove of your carrying your interference with the prop CT functions of the jury to the extent of using your promise to submit the matter to this Department for direction in the
 premises as an argument fin your effort to persuade the jury. to discontinue their investigation.
 "Upon the whole your action in taa matter. the end accomplished and the
 means employed were astonishing, un-
 warranted and highly impropef." t