The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-22
SMITH OPENS 1T.
Senator Begins Fight on His
Indictment for Bribery.
Claims That Charge Is Made
Under Wrong Section.
MOTIONS ARE FILED.
These Will Be Heard by Judge
Phillips Tomorrow.
Other Defendants Also Attack
the Indictments.
NOTIONS ARE FILED.

That the indictment preferred UNI
der section 5501 Of the revised stat
utes of the United States cannot be
the basis of a charge of conspiracy
under the terms of section 5440, is
the ground on which Senator Fred
Dumont Smith, of Kinsley, will de-
muir to the Indictment against him
for influencing a federal officer, be-
fore Judge John II. Philips at KAN
sas City on Tuesday.
His attorneys. Rossington & Smith
and LOOMS, Blair & Scandrett, today
filed the demurrer in the United States
district court. It is set for hearing
at the Kansas City, Kas. district
court on tomorrow morning at 10
o'clock.
Roscoe Wilson, indicted with Sen
ator Smith on the same charge. filed
a motion to quash. for these reasons:
First-That said indictment does
not inform this defendant of the ma
ture and cause of the accusation
against him.
second--That said Indictment is
ambiguous in its terms and uncertain
and doubtful in its charges, and fails
to inform this defendant Of the crime
against the United States of which he
is accused of conspiring to commit.
T. e. Ryan, the federal officer
claimed to have been Influenced by
Smith and Wilson, demurs to the in
dictment for the reason that it does
not state facts sufficient in law to
constitute q public Offense." Lam
bert & Higgins, of Emporia, are
Ryan's attorneys.
Smith. Wilson and Ryan were all
indicted jointly for conspiracy in con
nection with the land fraud cases by
the recent federal grand jury. Smith
is state senator from Edwards coun-
~, Wilson is postmaster at Jetmore
and Ryan was formerly a land Office
inspector in the employ of the gov
charged with having bribed Ryan to
keep him from prosecuting some
offenses of illegal land fencing which
their clients committed.
It is the intention of the three to
knock out the Indictment on technical
grounds, and the point contained i'll
Senator Smiths demurrer is the one
most depended upon. He claims that
an indictment under section 5501 cannot
be made a basis for a conspiracy charge
under section $40, both of the revised
United States statutes.
Section 5501 says that any officer Of
the United States who asks. accepts or
receiN es any money, with the intent to
have his decision or action Influenced
thereby shall be punished with fine of
not less than $1,000 and not more than
SlU.UUU.anQ 10 imprisonment lOt IOl LllOAI
than two years.
Section 544O says that where two or
more persons cOnspire TO commit any
offense against the United States Or
do any act to effect a conspiracy all
shall be punished with a fine of from
one to ten thousand dollars, and i'm
rrisonment of not more than two years.
lust what Smiths exact point is, the
demurrer does not detail, and must
await the argument tomorrow for de-
lineation. Specifically this is the way Il
reads as filed:
FTiTst='That under the laws Of the
IIrited States the ofense attempted 70
he charged in said Indictment as the
object of the conspiracy is a several
and substantive offense under sectloh
55O1 of the revised statutes OF the Uln-
ted states and cannot be MADE the paSls
Of a charge of conspiracy under Inc
terms of section $40.
Second-That the object Of the con-
sDiracv as charged does not cons tllue9
an offense against the United stats.
wilson's and Ryan's motlons ~
really supplemental to Smlth s. Dul
upon the latter's demurrer IN realty
fbe whole matter will turn.
When in Topeka recently a .l,l
sDeaking of his case, senator 7lill smith
said ssThe Indictment IS weird ana
fantastic. 1t charges me under one
statute and indicts me under ahollef.
TTDon that point I expect TO knock II
at That is evidently the basis OF the
,rsr,,r,ent set forth in his demurrer,
Win reference to the conhictng stat
utes.