Evening star., 1908-01-25
FILE CHARGE OF MISCONDUCT
ALLEGATIONS AGAINST UNITED
STATES DISTRICT ATTORNEY.
Officers of Capuzaya Mining Com
pany Move to Quash Indictments
Recently Returned.

Charges of alleged misconduct on the
part of United States Attorney Baker or
his assistant. Jesse c. Adkins. are nade
by Eugene Davis and Edward c. Bryan,
vice president-and treasurer. respectively,
of the Capuzaya Mining Company. who
were recently indicted for embezzement.
conspiracy and grand larceny in connec
ton with the companys affairs. BY Attor-
ney Henry f. Davis motion TO quash
the four indie .ments pending against Da-
Wis and Bryan is made. because it is al
legged Mr.. Adkins procured the absence of
a member of the grand jury from the ses-
sion Of that body on the day on which the
charges against the Capuzaya's officers
were acted on. and a presentment for m
dictments made.
1t is claimed that Mr. Frederick w.
Pratt, the grand juror in question. had
been director in the company. and was
intimately acquainted with its affairs,
and that if an opportunity had been af-
forded him to examine the witnesses and
discuss his knowledge of the situation
with his fellow jurors. no indictment
would have been returned and the charges
would probably have been ignored.
Attached to the affidavit is an unsigned
statement prepared for the signature of
Mr.. Pratt. but which he declined to sign,
in which he was expected to say that Oc-
tober D. last. Mr.. Adkins. one of the as
sistants Of the United States district at
torney. sugge to him that in view of
matter TO come before the grand jury
on the following day. 1T would perhaps
be well for me TO be absent from the de-
liberations of the grand jurors as. in his
(AdkinsO opinion, ! might prefer not 10 be
present theraat." Acting on this advice,
Mr.. Pratt is stated to have absented HIM
self the day on which the subject matter
of the CapaZaya officers indictments was
discussed ana the indictments returned.
Further Allegation.
Mr.. Pratt was expected to swear that he
had been a stockholder and director of
the company and from lis intimate knowl-
edge of the defendants connection with
the affairs OF the company he was quail
fed to interrogate intelligently and to the
point involved in the indictments any
witnesses who appeared before the grand
jury. Should he have been given this op-
portunity. the prepared affidavit states,
the indictments would net in all prob
ability have been returned but the
charges in all probability would have
been ignored.
Unless he had been requested by Mr..
Adkins to stay away. it is alleged. Mr..
Pratt would have been present at the
session of the grand jury. and if he had
been informed OF the matter to be dis
cussed. he is said to have stated. he would
have declined to stay away and would
have participated in the examination of
the witnesses.
Messrs. Bryan and Davis make affidavit
that Mr. Pratt admitted the truth of the
statements contained in the aboVe-men-
tened draft of an affidavit. but for
sons declared by him to be sufficient
and controlling, he declined 10 subscribe
and make oath to the draft They swear
that he did not deny the statements
when lie declined to take the OATH
United States Attorney Adkins. in con-
versation with a Star reporter said: The
affidavit of Mr.. Bryan contains only
hearsav statements. and is inadmssabla.
AM. therefore. L have nothing TO say
at present concerning it. Should the
statement be made in a proper fashion,
| will be prepared to answer.