The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-13
THEY GIVE UP.
Wealthy Cincinnati Brewers
Couldn't Fix Things.
District Attorney Bone Not Sus-
ceptibIe to Political Influence.
Sold Liquor in Kansas Without
Retailers License.
HI. H. Tucker Claims His In
dictment Is Bad.


HI. H. Tucker Claims His In
dictment Is Bad.
H. H. Tucker Jr., promoter of the
Uncle Sam Oil company attacks the
indictment against him by a federal
grand jury last fall at Kansas City,
Kan. in a demurrer filed this morning
in the United States circuit court.
The demurrer was offered when the
court opened its session this morning.
In his demurrer Tucker states that
the indictment is faulty because he,
as an Individual never sold any of the
stock of the oil company, that as an
officer of the company he did adver-
but that as an individual such was
not the case. He also denies that he
personally received any benefits or
profits from the sale of the stock He
| states that the indictment fails to
show that there was any corporation
and it also fails to show the object
and purpose of the corporation. That
the indictment fails to snow that the
funds of the alleged company at any
time had been impaired or lost in any
manner. That the indictment fails
to show that the schemes devised
were so devised as to be personally
for his own benefit.
Nine different reasons are cited in
the demurrer why the indictment is
faulty and it concludes with the
statement that the indictment is too
vague and indefinite for the defend
ant to meet the charges and refute
them.
The hearing on the demurrer will
be held next week, Monday before
Judge Charles F. Amidon of North
Dakota. Judge John c. Pollock re-
fuses to sit at the hearing and has
taken such stand ever since Tucker
and his attorney, Albert Wilson, make
an attack on Judge Pollock accusing
him of being under Standard Oil in
f1uence including him in wholesale
federal court officials as well as others
in political life.
This is the second indictment to be
returned against Tucker for using the
United States mails to defraud. The
first indictment was thrown out by
Judge Dyer of St Louis who held that
it was fauitily drawn. A second in
dictment was speedily returned by
grand jury. In this Indictment three
counts are cited, the sending of a
letter on the 9th of August. 1906 to
E. A. Mcbride of Kansas City. Mo-,
and two other letters to Samuel Wes-
ton of Stillwell Indian territory and
Samuel Stelter of Hiawatha, Kan.
These are not the same parties who
were cited in the first indictment, Nc
Brides name was given in the first
indictment but the other two names
are peculiar to the present Indictment.
The wealthy brewing firm of George
Bielers Sons Of Cincinnati Ohio, will
plead guilty this afternoon to the
charge of selling liquor in Kansas with
out having retail liquor dealers
license.
he PiaInrC
are three Of them, Charles ]. Bieler,
George A. and Henry NJ. Bieler. The
company did an extensive business in
Kansas under a mail order plan and
finally they heightened out a string or
two and began shipping liquor to f1c-
titfous addresses to points within the
state. the consignments being made to
the express agent. The liquor was held
by the agent and it is stated was sold
by him acting under instructions of
the company. The method employed
resulted in some large sales particu-
larly around Larned and Dodge City,
in the summer and fall of 1906. The
mail order part Of the business was
known Old oC1ony Cannery COM
pany. The Old Colony Cannery COM
pany orders increased so rapidly that
it was decided that they were doing a
business equivalent to that of the usual
retail dealer though they could show no
license of that character. H. J. Bone,
United States district attorney, decid-
ed that it was time to get after the
brewing concern and federal grand
jury returned indictments not only
against the company but the members
comprising the firm.
The Bielers, who are powerful in a
business and political way in Ohio, i'm
mediately began to fight the indict-
ment. They first suggested taking ou.
a license, have it antedated prior to
no 10 nf he 1trxIyo iv, tI4
toned in the Indictment But this Of
fer was refused by the district attor-
ney's office. Then offers were made to
compromise by the Bielers. They want
| ed to get Bones agreement to this and
by doing so they could line up the at
+ 'torney general and the secretary of the
treasury and everything would be love-
| ly. But Bone wanted to prosecute the
case and the attorney general encour-
aged him. Then the brewers suggest
| ed that the two Ohio senators could be
interested in quashing the indictment
| and the Ohio senators in turn would
| work with the two Kansas senators to
| end the prosecution. But this failed to
appeal to the obdurate Kansas United
| States district attorney and the brew
| ers had to come across the line. They
| were forced to come into court on the
same plane as the ordinary little re-
| taller who attempts to ecoonnize and
| sell without having first paid Uncle
Sam for the privilege. The costs in the
case already amount to $1,100. Besides
this they stand liable to pay a fine Of
| from 800 to 5000. The understanding
| arrived at provides for the payment Of
a fine against the company, the indict-
ment against the individual members
of the firm will not be pushed
| The attorneys for the SPECTATORS in
| the western Kansas school lands will
n fn he YY,}f fAI
| cult court. This was announced TODAY
by Charles Gault and D. r. Hite. who
represent some of the purchasers of
the rights of the original settlers who