The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-06
TUCKER is FREE.
CONTINUED from Page one.)

Continued from Page One.)
Arizona had anything of but a trifing
! value and that this stock was value
less because it had no assets, that the
organization of the Uncle Sam Oil
company was but a part and parcel
vised in Arizona, it would have been
different. 1 don't think that this
scheme, if there was any, was devised
by the incorporation of the Kansas
corporation. Other objections have
been made to the indictment. one OF
which is that the letters that form the
necessary links in this chain of evil
dence' were not contained in the in
dictment. 1 don't think that the laws
referring to lotteries touch this
scheme. 1 have examined to some
extent the reasons given for not set
ting out these letters in the indict-
ment that they were too long. 1 have
only to say this, that where a matter
of practice is concerned at all that it
is good pleading, 1 should say, that
such letters should be set out in the
Indictment. In my view of the
scheme and the requirements of the
statutes, that scheme should be set
out.
land therefore in my judgment the
failure to definitely set out the scheme
to defraud in the indictment, the court
feels that it must sustain the de-
Inurrer. If the district attorney cares
to again reSubmit this to a grand jury
I will consider the matter of bail"
H. J. Bone sprang to his feet and
stated that he desired to again resub-
nit the case and would ask for re-
indictment.
the bond so high" demonstrated AL
belt L. Wilson, attorney for Tucker to
the court. 1.-The defendant is a poor
man. not wealthy"
Glow much was the bond?"
Fifteen thousand dollars
'tUnder the offense charged it is
recognized as a misdemeanor. I think
myself that $4,000 is very large
bond. I would make it 100000" said
Judge Dyer.
would the old bond serve ?" was
asked.
II don't know anything about the
bond, nor anything about the qualif1-
cations of the bondsmen. will let
that be approved by the district at
torney. AS far as this Indictment is
concerned this is as an indictment end
ed The proceedings from now on are
entirely new" said Judge Dyer.
Judge S. H. Allen then submitted the
case of H. L. Thrill. stockholder of
Illinois, who brought a suit in equity
against the Uncle Sam Oil company
which in effect was an effort to form
reorganization of the company. Judge
Dyer agreed to accept briefs in the case
and stated that counsel on both sides
could bring in anything they might de-
sire in those briefs, which are to be
tlod WITHIN the next ~ QdyS.
There was a small crowd of interest
ed spectators. including attorneys.
James P. Ingersoll. president of the
company. was present as was H. H.
Tucker, Jr.
Mr. tucker gave out the following
statement:
1.-The public and the press knows but
little vet about the struggle of this in
dependent oil company. The same day
our case was set for bearing the Stan
dard Oil company flooded Kansas with
It's literature and advertisements. They
are doing in the open now what they
have always done secretly in the past.
Regardless of their campaign in Kansas
we will win complete victory in the
end at any rate the company is now
safe and will now prosper under the
business administration of the newly
elected trustee. We shall do all we
can to save the stockholders from the
payments of the thirty-five thousand
attempted grab of the company wreck
ers regardless of threats