The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-18
SC0RCHED BY KNOX.
Scathing Reply of Attorney
General to District Attorney.

Washington, Nov 1S.-Correspondence
that passed between United States At
torney Summers at Omaha and Attor-
ney General Knox in June last in the
matter of the charges against Postmas-
ter Fisher of Hastings and United
States Senator Dietrich of Nebraska,
and investigation of the same by the
grand jury was made public today.
The letter of Mr.. Summers to the at
torney general is dated June %, and is
as follows:
Il have the honor to transmit to you
herewith the testimony given before the
United States grand jury on June 6,
1903 by Leopold Hahn Mr.. Hahn is a
citizen of Hastings, Adams county, Neb.
He was called before the grand jury at
the request of members, on account of
well defined rumorS in circulation and
charges based thereon as to the viola
ton of section 1881 revised statutes of
the United States by Jacob Fisher, who
is now postmaster in the city of Hast
ings.
not only upon Jacob Fisher, the post
master, but as well upon United States
Senator Dietrich of Nebraska.
THE grand jurors insisted upon max
ing a thorough and searching investiga-
ton. This investigation was discon-
tinued at my request because of the
fact that the conduct of a United States
senator was involved in the question
they desired to investigate. At the same
time l stated to the grand jury that
the investigation will be made by an
other grand jury if it be disclosed SUBJ
seQuently that the ends of justice de-
mand. For the purpose of prevailing
upon the grand jurors to discontinue
the investigation 1 stated to them that
I would submit the information to the
department of justice and ask for d1-
rections in the premises. With the as
sistance of the foreman of the grand
jury, one of the prominent and influen-
tial citizens of the state, I was able to
prevail upon the grand jurors to COM
ply with my request. In this connection
permit me to say there are appoint
ments in this state other than the one
at Hastings named in the testimony
submitted herewith, about which the
grand jury manifested a disposition to
inquire. No. witnesses We're examined
as to them, however, for the same rea-
son given above. I hold myself in read
mess to follow any direction you may
give me-"
The reply of the attorney general is
dated June &c, and is as follows:
Il have your letter of the 23rd instant,
transmitting a copy of testimony given
before the United States grand jury in
Omaha on June 6, 1903, by Leopold
Hahn, called before the grand jury at
its request and on account of alleged
violations of section 1881 of the revised
statutes Of the United States by Jacob
Fisher, now postmaster in the city of
Hastings, Neb. In your letter you cor
rectly state that this testimony reflects
not only uron Jacob Fisher, the post
master, but as well upon United States
Senator Charles H. Dietrich of Nebras-
ka- You likewise in your letter state
that the investigation by the grand jury
was discontinued at your request, the
reasons which prompted you to make
such request and the means which you
employed in securing that end.
I'm reply I state you should not have
requested a discontinuance of the in
vestigation against the grand jury 3
conduct of a United States senator was
involved in the question, the grand jury
desired to investigate. From the copy
! of the proceedings before the grand
jury it 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 criminally involved but
the facts which formed the basis of this
talk were not of the witnesses own
knowledge. Fairness to the person thus
| incriminated as we'll as other consid-
erations of duty should have caused
you to refrain from interfering with the
desire of the grand jury to probe the
matter to the bottom. especially dis
ence with the proper functions of the
jury to the extent of using your prom
Use to submit the matter to this depart
ment for direction in the premises as an
argument in your effort to persuade the
jury to discontinue their investigation.
Upon the whole your action in the
matter the end accomplished, and the
means employed were astonishing, I'M
warranted and highly improper
/