The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-02
Judge Intimates That Proof Is
Weak on One Point.
DIDN'T USE THE MONEY
Question, However, About Mis-
representation in S Ock Sales.
Mr.. Leonard Proves to Be Rather
Weak Witness.

the mails to defraud, by claiming that
the government had failed to make
good its charges, failed Friday after
noon, the demurrer of Albert Wilson,
attorney for Tucker being overruled by
Judge Amidon. After H. J. Bone, Uni
ted States district attorney, stated that
the prosecution had completed intro
ducing it's testimony, Wilson intro
duced his demurrer asking that the
jury be instructed to bring in verdict
of not guilty because the government
had failed to prove the charges con-
tanned in the indictment especially the
one relating to the claim that Tucker
had converted to his own use money
received from the sale Of Uncle Sam
Oil company stock.
Wilson stated that Tucker had COM
mitted no fraud of any kind and that
Misrepresentation of fraudulent
character had not been made by the
promoter of the Uncle Sam company.
In spite of the governments charges
that Misrepresentation had been made
the prosecution had failed to show
that Tucker had not acted in good faith
and invested honestly every dollar re-
| ceived. The fact that Tucker had
| advertised dividends which were paid
| out Of other than the net earnings of
| the company was due to his ignorance
| of corporate law and not to cupidity,
| and it could not be shown that it was
| done with an intent to defraud. Tuck
\ er knew that he had considerable tar
on hand worth considerable money and
Wilson stated that Tucker expected to
sell this and replace the money taken
/ for dividends.
| Judge Amidon stated that sufficient
evidence had been introduced along the
| line of the governments contentious to
| place the case before the jury.
Judge Amidon stated that the evil
| dence produced to show that Tucker had
| intended to appropriate money of the
| company to his own use was consider
ably weaker than that which showed
that stock had been sold through mis-
representation and false promises
through the medium og advertising in
| circulars and newspapers.
That the fraud order against Tucker
was issued on the premise that Tucker
had told the government postoffice in
| spectors the Uncle Sam company was
not making money and that the ad-
vertisements were promising things
which did not tally with fuckers state
ment of the financial condition Of the
| company, was the statement made by
| G. A. Leonard, postofice inspector, yes
| terday afternoon.
| months ago against Tucker because he
| was receiving money in the mails as
| signed to H. H. Tucker and not as
| treasurer of the company, leading to
]
money so received to his personal ac-
count was also gone into. Leonard
| stated that he had acted under In
structions from his superior. He ac-
knowledged that he had been told by
| fuckers attorney that Tucker was not
using one cent of the money for him.
| self but was receiving it for the COM
pany as it's agent.
| Leonard did not make a very good
witness for the government. In the
I Low fv,of t<,r, H. oyaI ~,
Dictated by his replies that the post
office inspectors had not made such a
| thorough or exhaustive examination
of the company's affairs as they
should have before making their re-
| commentators for fraud issue.
Wilson attempted to show that
Leonard had some personal feeling
in the matter especially in the issu-
ance of the second fraud order, which
followed after an attack made upon
him by Tucker in a book written by
the latter and filed with denuncia-
tons of a wholesale manner of near
ly all the government officials with
whom Tucker had come in contact.
Leonard denied this, stating that
the second fraud order only came up
on orders from his superior and that
he did not know exactly what
prompted his superior in such action.
Wilson claimed that Leonard had
stated in his report to the postoffice
|
propriated money of the company.
Did you find a single cent of mon
ey misappropriated by Tucker in any
of the books?" was asked.
It think the only statement that I
made was that the books were in such
shape that it was impossible to tell
anything about them" said Leonard.
He stated that Tucker had turned
over all of his Cancelled checks to him
that he could find at the time of the
first investigation and that they found
them to tally correctly with part of
the money received but that the total
finally failed to tally. Later he said
Tucker reported that he (Tucker)
had told them he found additional
checks and would turn them over.
he didn't know. for Tucker never
turned the checks over. Tucker hav-
ing taken counsel with Dave Mulvane
and his attorneys in the matter who
advised him not to turn over the
checks. This was just shortly prior to
the issuance of the indictment last
spring
1.-The issuance of the fraud order
was based on the statement that the
business was being conducted at a
loss, and that he was selling a divi-
dend paying stock" said Leonard, ex-
planning the issuance. of the fraud
order.
eff you wanted to be fair to him
why didn't you tell the. department
| in your report that the company had
enough products on hand to pay the
dividends?" was asked
Leonard didn't answer
But the question in your mind was
not whether the company had enough
of the byproducts, but to get a fraud
order. wasn't it?"
Il "Oh, no. answered Leonard
Il He was asked IL he knew Dave Null
vane at that time. He denied any
such acquaintance.
Did you get any of the $2,500?'
referring to the fee paid to Mulvane
to have the first fraud order sci
aside.
The court interviewed here and Will