The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-14
U. s. District Attorney Is Given
a Severe Examination,
AS a Witness in the Uncle Sam
Oil Hearing.
/ GENERAL DENIAL.
Says He Was Not in a Plot to
Indict Mr.. Tucker.
j. b. T0mlinsOn Tells of the
Advice He Gave Promoter.

4
| Leavenworth. Kan. June 14-The
trial of the Uncle Sam company's bank
ruptcy suit was resumed in the dis
tr1ct court here this morning. Harry
Bone, United States district attorney
lor Kansas, who was charged by II.
II. tucker, Jr., deposed manager of the
company, with being in a conspiracy
with the Standard Oil company and
otners to have a fraud order issued by
the postoffice department against the
ness yesterday. The allegation by
tucker and his attorneys that Mr..
Bone, ID. r. Hite and W. S. McClin-.
tock, ) lawyers, We're in a Standard Oil
true.
No" replied Mr.. Bone.
MI, Bone said that he never met a
STANDARD Oil officer in his life and
never had any connection with the
company. He said that he had only
general knowledge of the Uncle sam
On company until Mr.. Harrison, the
trlct, called him up from Kansas City
by telephone April and called his
attention to the company. The follow
ing morning three postoffice inspectors
came to Topeka with evidentes of
fraud against Tucker and acting as
prosecuting attorney he had them APP
pear before the grand jury and Tucker
was indicted on their testimony.
Attorney Wilson cross-examined Bone
and wanted to know if he had said the
Uncle Sam company was "a fraud.
Bone replied that from what he had
learned of the company recently he
was satisfied it was conducted in a
fraudulent manner.
Bone said the first draft of the in
dictment was prepared by Judge West.
and later, after. getting more evidence
from the inspectors, another draft was
made, d. r. Hite, assisting. Attorney
Wilson in crosS-examination tried 10
make Bone admit he had openly spo
ken unfavorably of the company on
several occasions, and had shown an
unfriendly feeling in other ways. This
Bone denied emphatically, admitting
telephone to some one who called Kim
from Kansas City that he did not
think ii was a good company to invest
in, basing this opinion on what the
postoffice inspectors had told him.
Wilson started to ask Bone what the
postoffice inspectors told him about the
Uncle Sam company when objection was
made and Judge .Amidon said to Will
son:
Il will allow you to ask any question |
you know anything about that will in
dictate that an improper influence was
exercised, but l am not goingito try the
criminal case
Wilson-That puts rather a hard con-
dition on me. 1 was not present at any
of these conferences.
Judge Amidon-You have made GER
tain charges in your answer, you ought |
to have something to base these charges
on and if you have anything relating to
this matter, you may ask this witness !
about it.
Judge Amidon said this in avery earn
est manner pointing a pencil at Wilson |
to emphasize his remarks. Wilson |
showed embarrassment and did Tot ask |
any more questions to back up his allie |
cations of conspiracy.
Earlier IN the afternoon ]. B. Tomlin- |
son, former attorney for the Uncle Sam |
company, testified that at the time of |
the Indictment of H. H. Tucker, secre- |
tary and manager of the company, in |
the federal court on a charge of fraud. |
SO 900 in the bank He said he advised |
Tucker to draw the money from the |
bank, that he would need 1T to live on |
and to make his defense in the criminal |
case against him. He said Tucker put |
the money in a safety deposit vault.
The cross examination CT Mr.. Tomlin- |
son by Alfred Wilson was snappy. Will |
sons questions were aggressive and in |
sinuating while Tomlinson's answers |
were defiant. The lawyers INDUCED Iii |
arguments making remarks rejecting |
on each Others legal ability. Judge |
Emidon finally said to Mr.. Tomlinson:
Forget you are a lawyer and make |
your answers as short as possible"
Wilson asked Tomlinson a line of
questions about the solvency of the |
Uncle Sam Oil company and the wit
ness finally answered that the COM
pany was solvent when the bank |
ruptcy proceedings were instituted.
When asked why he urged the bank
ruptcy suit Tomlinson said that it was |
to head off others from getting a re-
ceiver appointed He was afraid that |
some judge in the state courts would
appoint one and tie up the company /
property. Tomlinson stated that two
judgments had been secured against
the Uncle Sam company in Montgom-
cry county and a receiver could have
been procured on them at any time.
Tomlinson told of going with Tuck
err to Washington in 1905 to prevent a
mail fraud order issuing against the
pared the answer to the charges filed
with the postoffice department. He
said in answer to questions from VIII
son that D. w. Mulvane accompanied
Tucker and himself to Washington, but
that Mr.. Mulvane did not appear as an
attorney or do anything before the
postoffice department The fraud or
der was not issued at that time on
promises from Tucker to conduct his
business in q different manner.
Arthur Miller Edwin Comack and
John NJ. Davis. lawyers clerks In the
office Of Karnes. New & Krauthoff,
tilted that they used the bonds fur
nisfed them by Tucker to begin the
bankruptcy suit. Under cross exa mind
alton they acknowledged they had no
financial. interest in the bonds. wilson
asked them a line of questions, trying
to impeach the truth of their aff1davits,s
when they swore in. the original petit
ton in the suit that they owned the
Sam company and that the company
was bankrupt.
Sugar and Cofrce Market.