The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-01
Governments Case Against
Tucker Practically Completed.
Question About Right to Use
Inspectors Testimony.
UP TO THE JUDGE
Attorney Wilson will Then De
muir to Evidence.
Ask for the Discharge of His
Client.

inspectors of the affairs of the Uncle
Sam Oil company when they visited
the Kansas City, Kan. offices of the
company in 1906 be used against him
in the present prosecution is the ques-
ton raised and which must be settled
before the government can finally con-
clude its side of the case.
Late this morning the government
placed q. r. Leonard of Kansas City
Mo-, postoft1ce inspector on the stand
to tell what he knew Of the investiga-
tion made by him and two assistants
or the company at the headQuarter'
office. Leonard started in to tell what
tucker had said in answer to the Ques-
tions and examination which was pro-
posed by the postoffice inspectors when
he was interrupted by an objection
from Albert Wilson, fuckers attorney.
who raised the issue that nothing that
Tucker had testified in a previous ju-
dicial inquiry could be used against
him by the government again in a
criminal action.
Wilson insisted that the hearing had
and the investigation held by the post
ceeding and that therefore any of
fuckers statements at that time could
not be repeated or introduced again
as evidence in the present criminal ac-
ton.
''It is certainly a uasi-judicial pro-
nberating over the objection.
mo testimony that he gives at such
an examination is given under coercion
or process. Whatever he says was vol
unfairly given" said H. J. Bone, Uni.
ted States district attorney. "Of
course if duress was used that would
be proper to be shown. But he was
not required to give this testimony If
he did not wish to-"
Judge Amidon. however. stated that
"a t,;< ,rf1 iav, a.
he would be prepared to hear argu-
ment at length upon it this afternoon.
Leonard was dismissed from the wit
ness stand until the conclusion of this
argument. With the exception OF this
one witness and the filing of some pa
pers, the governments case Is COM
plete.
An attempt was made to Introduce
fuckers testimony in the bankruptcy
PROCEEDINGS, but Judge Amidon refused
to accept the transcript of the testi-
mony, stating such testimony came
clearly against the provisions of the
statutes of the United States which
provide that nothing in the way of
prior judicial proceeding can be used
against him in a criminal action.
Albert Wilson announced that he
would enter a demurrer today to the
governments entire evidence as
witnesses.
Wilson wants a decision on this de-
murrer before he places any OF the
witnesses for Tucker on the stand.
The articles Of incorporation of
both the Arizona Uncle Sam Oil COM
pany and the Kansas holding COM
pany were introduced as evidence.
The first articles Of the Arizona COM
pany called for a $75,000,000 capital
stock with 100000 shares. later In
the same year. 1905, this was reduced
to 1O,00O,00O and in 1906 raised to
17,000,0OO. Later in 1906 the Kansas
holding company was organized with
capital stock Of $4,000.
e. A. Mcbride, chief clerk in the Of
City, Mo-, who received circulars
from the Uncle Sam Oil company and
a letter received by him from Tucker
which formed the first count of the
Indictment, occupied the attention
during the forepart of the mornings
hearing Mcbride said he had writ
ten to the company in May of 1905
asking for circulars and information
and succeeded in getting his name on
the mailing list. He stated it was
the custom of the postoff1ce depart
ment to secure copies Of such circu-
lars.
The company Of course not know
ing who Mcbride was, continued to
send circulars.
"Mr. Mcbride, you had no intention
of becoming an investor when you
wrote to Tucker in May, 1905, did
you?" asked Wilson, fuckers attor-
ney.
The first circular sent to Mcbride
upon which the first count was based
was read.
The circular stated that anyone who
failed to purchase the stock was
standing In his own light 1t also
contained the usual promises as to the
future value Of the stock.
J.. H. Ritchie. vice president of the
back on the witness stand and stated
that the company had purchased as
much as 1900 barrels per month of
| oil from other producing companies
because the oil could be purchased
very cheaply at the time. more cheap
| 1y in fact than they could pump 1t
| from some of their own properties.
DIV. Mulvane, national committee
man of the Republican party from
| Kansas, who Tucker says was paid
| the $500 fee by the company to Sc
cure the Quashing Of the first fraud
4 order was present at the hearing this
| morning as an interested spectator.
| That the two refinerfes of the Uncle
| Sam Oil company at Cherryvale and
| Atchison, Kan, were operated by the
Uncle Sam Oil company at loss
| was the statement made yesterday at
ternoon by F. D. Faust, who acted as
the superintendent of the plants and
constructed them. He also acted In
the same capacity for the Bartlesville.
Ok, refinery which was erected at a
later date.
Faust later severed his connection
with the company and now lives in
pennsylvania. The edge of his testf-
mony. however, was taken OF some
what by the Introduction of letters on
the part of Tucker written by Faust
>Rk hA TSn n n~