The Topeka state journal., 1908-04-23
WHA| Ut lUCktk
Third Indictment Against In
dependent Oil Man.
Contains Charges Of Misuse OF
y the Mails.
1T III AS THREE COUNTS
His Attorney Will Again Attack
the Validity.
Required by Judge Amidon to
Furnish New Bond.
HAS THREE COUNTS

At ten o'clock this morning the fed
eral grand jury returned third indlct-
ment in the United States district
court against H. H. Tucker, Jr.. for
merly secretary of the Uncle Sam Oil
company.
The charge on which the indictment
was founded is that of using the Unit
ed States mails for the purpose OF de-
frauding possible investors in the stock
of the company.
The indictment contains three
counts, one each for mailing
a letter to E; A Mcbride o1
of Kansas City, Missouri Samuel
Samuel Stelter of Hiawatha, Kansas
The counts are identical in number
and as to letters to those mentioned IN
the indictment which was just found
defective by Judge Charles F. Amidon.
the second indictment being formally
nollied this morning.
A demurrer to the Indictment VIII De
filed with the court on Friday morning
by Albert Wilson, fuckers attorney.
''If the indictment is sufficient 1t IS
important that the case shall go 1or-
ward to trial." said Judge Amidon.
There will be no application for a
continuance unless of course sometnins 3
new should be set up in the 1ndlct-
ment." said Wilson in reply.
Tucker was given until this even
ing to procure a new oond. the
amount being placed at Slo,ooo the
same size as that of the bond fixed
at the time the first indictment was
quashed by Judge D. B. Dyer of ST.
Louis
The new indictment sets up the
alleged scheme to defraud more com
pletely and relates the manner in
which Tucker is supposed to have
converted the funds from the sale OF
the stock to his own private account
in other words it follows the sug-
gestions outlined by Judge Am1don
when he held the second indictment
defective because it failed to go more
explicitly into the character of the
scheme and the manner in which
Tucker is supposed to have misap-
piled the funds of the company.
After sketching over the organiza-
tion of the original Uncle Sam OH
company the Arizona laws with 49,
0OO,0 shares of capital stock having
a par value of one dollar each. and
its later reduction to 100000 of
which Tucker is alleged to have TAX
en- 100000 of the preferred having
a voting power of eight votes to that
of the common which had but one
vote per share and which was called
treasury stock, the indictment states:
"To cause all of the said 100000
shares of preferred stock and also
100000 shares of treasury stock to
be allotted to him the said Tucker so
as thereby to give him the absolute
control of said corporation, that for
all of said shares of said preferred
and treasury stock the said Tucker
was not to pay anything of value,
merely to cause himself to be charg-
ed on the books of said company with
the sum of $4,000 without any in
tention of ever paying the same"
The indictment states that the act
uaI worth of the stock was not to ex-
ceed one cent per share, though repre-
sentations were made as to it's great
value, the valuable properties which
were back of it and the consequent en-
hancement of the values of the stock
as the company should be completely
developed.
That the lease of the properties to
the Kansas corporation having a capt.
tai stock of $4,000 of the Arizona COM
pany was merely a furtherance of the
scheme to secure complete family con-
troll is another charge. 1t is stated
that this is borne out by the fact that
the Kansas corporations stock was
entirely held by Tucker and his rela-
tives.
That it was stock jobbing propo-
sition throughout is the statement con-
tanned in the following charge: 1.-The
said Arizona corporation was to be
incorporated, it's preferred stock al
lotted as aforesaid, it's board of direc-
tors created and said commission con-
tract executed as hereinbefore stated
as a mere cloak and device to carry
out a stock selling scheme as he the
said Tucker. all of the time we'll knew
and intended"
AS indicated by the judge, if the in
dictment is found sufficient Friday the
trial of Tucker will Immediately pro-
ceed to a conclusion without any fur
ther delay.
The grand jury was dismissed fol
lowing the presentation of the indict-
ment The indictment was ready te
submit to the court late yesterday af-
ternoon but the court decided it was
too late to take the matter up then and
postponed action until this morning.