The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-13

] made part vi titN '"its-t N'''''N''''-
ord. continues as Follows;
while this Investigation was going
on BY the grand jury ! prepared ~
writing certain questions and handep
them to the grand jury 80 that IN iheir
/ Investigation, and az the conclusion oi
the evidence. they could.iniorm me by
their answers 20 these questions o.
what offense If any, the defendants
were guilty This was done because
itnere was vast amount Of evidence,
some of which tended 10 snow one OF
tense aud some aAoiuer.
-Our criminal procedure and prac
lice was the same as Is used IN Ar
kansas. put in force here by congress.
/ Under that practice The prosecuting
lattorncy appears before the grand jury
only to examine witnesses and 10 ad
wise them as 10 the law. When the
Grand iurg is to consider whether an
Indictment shall be returned or not
even the prosecuting attorney IS not
permitted TO be present, nor IS he per-
lmittod TO give them advice as TO the
weight OF tho eyidehtc. So that the
lsngeesiion that had advised this
grand Jury TO indict anyone for any
offonsc is without the sllgn;cet ioun-
ldat,on The suggestion made that the
grand jury was influenced by any
thing except pure motives - In my
Judgment pperile Those members of
the grand jury who were acquainted
with the defendants were their per
sonal friends The other members
were absolute strangers 90 them. Al
though this care was or the docket
Of this o1dlt for more than two years
no motion was ever filed by the de-
ifendants for a change of venue be-
cause Of prejudice against them IN
this country or for any other reason."
Tie fact that col. John s. Moshy
who represented the department of
justice before the grand jury that
brought the Indictments was never
called upon by The department 20
make a report In lhe matter, Is made
clear II is true that Mr. Mosby was
directly interested ln the Chickasaw
warrant fraud which was gone into by
the grand jury, but Il was the evi.
ldence produced before the grand jury
in that fraud that threw suspicion on
lothers higher up including the gov.
ernors of the nation and the law firm
already mentioned Il is said that the
testimony of one Taylor an expert ac-
couniant who had gone over the books
lof the Chickasaw treasurer IN looking
for the warrant frauds discovered
other irregulafities and these were
brought out by him before the grand
jury during the warrant investigation
and subsequently led on 20 the indict-
ment of the alleged conspirators
The presence OF Cecil Lyons. chair
man OF the republican state central
committee. of Texas, an ex-rough
rider, end a power al the White
House. was constantly at the depart
mont Of Justice during the lnvesdgl-
tion OF tho sufficiency of the indict.
] ments and il was his influence that
really resulted In them being quashcd
( by the department. in the end
Mr. Johnson also paws his respects
TO George r. Walker, who was put in
Z office by Taft and succeeded him rs
district attorney He says that when
: Mr. Walker was appointed and 0a.Ne
/ TO Ardmore, II went over the record
IN this case with him on two differ.
cnt occasions. lie told me he knew
: nothing OF criminal law; and it was
with great difficulty that ] was ablo
! TO get him TO even take any Interest
IN finding ont what the record CON
J tanned. venture the assertion now
that he Is unable to recite SOLITARY
5 fact connected with this case, and he
does not know the name OF a witness
+ who was in the ease. His lettcr con
: tains many exaggerations as YOU VII
ohserve. showing that his knowledge
! II he had any WIS gained from the
5 defendants themselves, He says that
= he investigated the books IN the State
, National bank ai Denison. Texas. and
that treryihing squared up with the
, books OF The defendants. Tho truth
, Il thut he left Ardmore one morning
= on the Frisco train, after receiving
] telegram and could not possibly hay,
, reached Denison before ~ o'cloci,
The same train leaves Dcninon az
. o'clock or did at that time whicl
3 brought Kim home. iic returned IN.
d same night accompanied by the Dc
iondunt McMurraN How any mar
) could Investigate and compare nuner
5 Gus transactions which took plac,
/ during "a pcriod OF four or five yean
ia Two or three hours iu the banl
books Of amy hank Is beyond my com
E prohension. II took me Two or thrpi
: weeks 10 set the statement propare'
by the bank itself after which I hai
90 compare the statement with thl
information given by the defendant
themselves
Walkers Official Record,
Relative 90 Walkers reflection OF
lohnsons ability as a lawyer, the lai
ter says During nay term Of offic
more than 500 men were sent to ih
peuiientlay During bis term Of OF
flee less than 10 per cent oi that nun