The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-17
HE WAS IN TOPEKA.
Left Friday Evening for Home
in Kinsley.
Grand Jury Is Dismissed by
Judge Pollock.

Fred Dumont Smith Of KinsleN
state senator from Edwards county
was indicted by the federal grand jury
Saturday night for conspiracy.
He is accused with his law partner
Roscoe Wilson, editor of the Jetmore
Republican and assistant postmaster at
Jetmore, Kan, of influencing by means
Of valuable considerations T. E. Ryan
of st. Charles, Ill, at that time a spec
ial land agent of the United States, to
prevent him from acting against alleged
fraudulent land entries pending before
him.
Smith, Wilson and Ryan are charged
with having divided a total sum of 81
200 among themselves.
Charles johnson, lillian A. Hannah,
A. NJ. Montague and T. J. Palmer. the
latter the probate judge, and all of
Hodgeman county, paid the money.
Each one put up $500, and some of them
a little more.
Johnson and Hannah are charged
with having made fraudulent land en-
tries. Montague was a witness for
Hannah, it being claimed that he. com
mitted perjury In connection with MAX
ing the proof. Palmer is the probate
judge Of Hodgeman county, and took
the ahidavits
1t became a matter of some common
report that these four had violated the
statutes of the United States with
reference to their land possessions
Roscoe Wilson, it is alleged by the in
dictment, went to the four and told
them that he with his law partner, Sen
ator Smith of Kinsley, could prevent
r. q. Ryan, the special land agent, from
prosecuting them, if they put up a
consideration.
johnson, Hannah, Montague and
Palmer gave up a sum in the neighbor-
hood of $4,000 which it is supposed viii
son, Smith and Ryan divided among
d themselves Just how much each one
got individually the jury did not arrive
at, OF investigate.
Onense Is a Felony.
The punishment for the offense of
the three men indicted is a fine not ex-
ceeding $40, 600 and sentence of two
years in Jail for each. Both a fine
and jail sentence must be inflicted
Though the charge is closely akin
to bribery, Indictment could not be re-
turned on that score because of a
technical construction of the law
Ryan is not what is officially termed
an 'oihcef, but rather an agent of the
government
The charge against them reads. prac-
tically i'm this manner. "a conspiracy
to influence the action of the land
agent on matters pending before him.
An pursuance of this conspiracy he
Acceded to the terms of the cOnspira-
tors and accepted valuable considera-
tion from them for protecting said all
legged fraudulent entries" The viola
ton occurred Of statute 55O1, which
is a section of a special law providing.
penalty for influencing by offer of
valuable considera ton any federal Of
hcer.
our case against the three is abso-
iutely clear said one Of the federal
ofnelals last night I'VE have excel
lent evidence against the three. We
We're exceedingly careful. Never did a
jury work harder go more particularly
INTO detail weigh every bit and frag-
ment of testimony, than did this one.
IL TOOK especial pains to be right be-
fore it returned the Indictment. We
nave practically been at work for the
AAst three days of this week on this one
ease. 1t is practically all we have done.
The evidence has been worked I'D for
some time, but We did not succeed in
getting the final links until Saturday
morning Our chain was practically
completed at that time. We believe the
case TO be good in every. respect"
How 1t Started a Secret.
But on one particular point We're the
~--+ al oAlAGSAS reluctant IN giving IN
formation and that was relative to
now the conspiracy was unearthed. A.
X. Green, the special appointee of the
government to make the investigation.
j. 5. Dean, the United States attOr-
ney, and f. d. McKeeVer, his assistant
all fatty refused to tell how the crime
had been ferreted out
That is something I cannot disclose
now said MI Green. There is nc
use asking
I'VE viii not give that up at this
time for good. reasons" said Mr.. Dean.
For the present that part of the
story must not be given out, said Mr..
McKeever.
1t is supposed that the reason for
keeping this part secret is because it
must be used in the c~-~ when it finally
comes to trial. The government is al
ways very slow to show its hand.