The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-19
Conduct of the Man Who Secured
Senator Dietrich's Indictment
Called Highly Improper.
HAMPERED THE GRAND JURY
By DELAYING ITS INVESTIGATION
OF BRIBERY CHARGES.
Action Of Mr.. Summers Based on In
structions from Mr.. Knox in a
Case Against Indians.

WASHINGTON, Nov. 1S-Correspondence
that passed between United States Attorney
Summers at Omaha and Attorney General
Knox, in June last, in the matter of the
charges against Postmaster Fisher, of
Hastings. and United States Senator Diet
rich, of Nebraska, and the investigation Of
the same by the grand jury. was made pub
lie to-day. The letter of Mr.. Summers to
the attorney general is dated June q, and
is as follows:
Il have the honor to transmit to you
herewith the testimony given before the
United States grand jury on June g. 1903,
by Leopold Hahn. Mr.. Hahn is a citizen Of
Hastings, Adamas county. Nebraska He
was called before the grand pury at the
request OF members on account of well-de-
fined rumors in circulation and charges
based thereon as to the violation of Section
i1Sl, Revised Statutes of the United States
by Jacob Fisher, who is now postmaster
In the city of Hastings. The testimony,
you Will see, reflects not only upon Jacob
FISHER, the postmaster, but as well upon
United States Senator Charles Dietrich,
or Nebraska. The grand jurors insisted
upon making thorough and searching in
vestigation. This investigation discon-
tlnued 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 / stated
TO the grand jury that the investigation will
be made by another grand jury IL it be
u1SclOSeu subsequently tnat the ENDS or
Justice demand. For the purpose of pre-
vailing upon the grand jurors to discontinue
the investigation, L stated to them i would
submit the information to the Department
of Justice and ask for direction in the
premises. With the assistance of the fore
man of the grand jury, of the promi-
nent and influential citizens of the State,
L was able to prevail upon the grand jurors
to comply with my request.
In this connection permit me to say
there are appointments in this State other
testimony submitted herewith, about which
the grand jury manifested a disposition
to inquire. No witnesses were examined
as to them, however. for the same reason
given above / hold myself in readiness
TO follow any directions you may give"
The reply of the attorney general is dated
June &c. and is as follows:
Il have your letter of the I'D inst, trans
hitting a copy of the testimony given be-
fore the United States grand jury in Omaha
on June s, 1903 by Leopold Hahn, called
before the grand jury at his request, and on
account of alleged violations of Section
| 1871 of the Revised Statutes of the United
| States by Jacob Fisher, now postmaster
| in the city of Hastings, Neb In your let
| ter you correctly state that this testimony
| reflects not only upon Jacob Fisher. the
postmaster, but well upon United States
| Senator Charles Dietrich, of Nebraska. You
| likewise in your letter state that the in
vestigation by the grand jury was discon-
| tinued at your request, the reasons which
| prompted you TO make such request and the
4
| end. in reply. | state you should not have
requested a discontinuance of the investi-
| cation against the grand jury's insistance
| because Of the fact that the conduct OF a
| United States senator was involved I'm the
| question the grand jury desired ID investi-
| gate. From the copy of the proceedings
before the grand jury II appears that at the
| time the testimony closed a most extraor-
| binary and discriminating story had been
told by the witness Hahn. In which Sena-
| tor Dietrich was criminally involved. but
j the facts which formed the basis of this
talk were not of the witnesses own knowl-
| edge. Fairness to the person thus incrimi-
mated, as well as other considerations OF
| duty, should have caused you to refrain
| from interfering with the desire of the jury
| to probe the matter to the bottom. i es-
| pecially disapprove of your carrying your
| interference with the proper functions OF
| the Jury to the extent of using your prom
/ Use to submit the matter to this department
| for direction: in the premises as an argu-
| ment I'm your effort to persuade the jury tc
| discontinue their investigation. Upon the
| whole, your action I'm the matter, the END
| accomplished, and the means employed
! were astonishing, unwarranted and highly
| improper
| Senator Dietrich called at the White
| III 0use to-day and had a long interview
| with the President concerning the action in.
stituteG against him by the federal grand
| Jury at Omaha. He declined to discuss his
| interview as he left the executive offices
| but said that in few days he would &C
| To Nebraska to formally meet the charges
| brought against him.