The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-06

court this morning by Judge David P.
Dyer,
Judge Dyer held that the indictment
did net clearly set forth the scheme to
defraud with which he was charged.
The decision came as complete sur
prise to the office of the district at
torney, H. J. Bone and to a great
many others. Tucker and his attor-
ney, Albert L. Wilson, received it with
complacency.
H ]. Bone, United States district at
torney, announced Immediately that
Tucker would be reindicted at the
January term of the court at Kansas
City, Kan, and the trial will be had
in Topeka during the April term of
that court.
The bond of $4,000 which Tucker
gave at his first Indictment was re-
duced by Judge Dyer to $4,000.
The new bond was furnished by
Tucker within a few minutes follow
ing the adjournment of court which
came shortly before noon. The bonds
men appearing are: James NJ. Inger-
soil, Pocatello, Idaho; James A. Flem-
ing, Kansas City; c. C. Kincaid,
Cherryvale; A. M. Baker, Cherryvale.
Both the latter are bankers and
qualified for $1,000 each, Ingersoll
qualified for 100000 ana Fleming for
$4,000.
Bone Was Surprised.
H. J. Bone, United States district at
torney, approved the bond and Tucker
returned home in the evening to Kan
sas City, Kan.
prise, I had not anticipated anything
of the sort for a minute" said H. ].
Bone, following the decision of the
court. He has worked hard and far
into the night for the past ten days
in roun ding his case into form in anti
hang on for ten days at least. He
naturally showed his disappointment
keenly.
On the other hand Albert L. Wilson,
attorney for Tucker and Tucker him
self could scarcely restrain a smile of
satisfaction. Tucker said: "I guess /
had better not say anything. 1 guess
we had better keep quiet
Eyes, I looked for this said Wilson.
ST did not care very much whether the
indictment was sustained or not We
were ready to go on with the case for
I felt sure that we had them whipped
to a standStill If we had proceeded into
the case very far
The reason advanced by Judge Dyer
for dismissing the case under the de-
murrer was-that the only scheme to
defraud that he could perceive might
be charged was that the Uncle Sam Oil
and Refinery company of Arizona
which was first organized, was organ
ized for the purpose to defraud and
with this intent it's property and pow
ers were turned over to the Uncle Sam
"
mention anything but the latter COM
pany in the indictment constituted its
fault and was insufficient grounds to
hold.
Story of the Uncle Sam.
The Uncle Sam Oil and Refining COM
pany was organized In February of
1905 by H. H. Tucker, Jr., and asso-
ciates. 1t had first a capitalization of
$50. .OO0. 900 later this was reduced to
Oil company with a capital stock of
SO. 900 was organized under the laws
of Kansas. The property secured under
the former company was leased to the
latter of which Tucker had the con-
trolling interest.
Judge Dyer went over the counts
charged in the indictment, three Of
them for sending advertising matter
through the mails to E. Mcbride and
charged that vast profits were promis-
ed in these advertisements and that
Misrepresentation were indulged in to
sell the stock and bonds.
$50 it would seem from reading the
Indictment nothing is said of any
other corporation except the Uncle
Sam Ooil company" said Judge Dyer
in starting out. f'If the Indictment
shows any scheme that had been de-
signed for defrauding the stockhold-
ers it was the scheme designed, pos
zona company. The scheme as set in
the Indictment Is too uncertain and
indefinite. If the indictment had said
that scheme to defraud was designed
when a 100000 corporation was
organized and that the stock had
been sold and that this company in
fcon+tnned on Para S,xa