The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-21
TUCKER Goes FREE
For Second Time Indictment Is
Set Aside.
Iudge AmidOn Acts On the Case
This Morning.
BONE is RELENTLESS,
Announces He Will Again Pre-
sent Matter to Grand Jury.
Attorney Wilson Denied Right
to Present Evidence There.

H. H. Tucker, jr., formerly secre-
tary of the Uncle Sam Oil company
and it's promoter, who has been in
dicted twice for using the mails to
defraud in connection with the pro-
motion of the oil company, again
toosed himself from the meshes of
the law and secured the quashing of
the second indictment today.
The first Indictment handed down
was quashed last fall by Judge D. B.
Dyer of st. Louis, in the United
States district court, on the statement
by the court that the indictment was
not properly drawn.
Tucker was then reindicted last
January by federal grand jury and
demurrer to this indictment was
filed with Judge Charles F. Amidon
of North Dakota, who came here to
preside, by fuckers attorney Albert
Wilson.
The demurrer asked that the in
dictment be quashed because 1t was
too vague and indefinite and did not
state clearly either that Tucker per-
sonally profited by reason of the
alleged scheme to defraud nor in
what manner the scheme to defraud
was devised.
Judge Amidon held in these two
particulars for Tucker and decided
that the indictment should have been
drawn up in more detailed form, sus-
tanning the demurrer. The same
bond which Tucker gave last fall,
one of $4,000, will remain in force
and effect until the hearing has been
finally concluded.
H J. Bone, United States district
attorney. stated that he would i'm
mediately ask the federal grand jury
which reconvened this morning to re-
indict Tucker third time. The mat
ter will be presented to the grand
jury on Wednesday and it is prob
able that the hearing on the third
Indictment, which probably will be
returned, will take place this week.
1t is a peculiar feature of the case
that the first indictment drawn was
practically on the lines suggested this
morning by Judge Amidon, but which
failed to meet the approval of Judge
Dyer last fall. Judge Dyer made
suggestions for the drawing up of
proper indictment upon a form which
was followed implicitly in turn, but
which Judge Amidon does not favor.
IF Judge Dyer had sat on this case
as he had intended there would have
been no trouble about upholding the
indictment desired" said one attor-
ney.
Amidon Tells Why.
at am entirely satisfied said Judge
Amidon, that it would be unwise to
go forward with this case that is
open to such grave criticism. The in
dictment proceeds on the possible
grounds for a scheme to defraud. In
the beginning the scheme is given as
selling of stock in a company and
conversion of it for the personal use
of Mr.. Tucker. If that was it, it is
essential to set out the steps or meth
ods by which Tucker was to accom-
plish it. Later it is given that the
stock was sold for more than it is
worth. There the fraudulent element
in the deception practiced is in the
sale of stock In such scheme the
facts constituting the miSrepreSenta-
tion should be set forth. All the de-
cisions of the supreme court from
the early time up until the present
time have held that an Indictment
that does not set forth the elements
of the scheme to defraud is not dis
tinctive enough. An indictment that
does not set forth the elements is IA
tally defective. This indictment is
wholly inadequate to satisfy this rule.
The averrments regarding the cor
poration are informal if not repug-
nant. The averrments regarding the
sale of stock are such as would be
condemned in either civil or criminal
courts. 1 do not think it wise to go
through with the trial under the in
dictment.
'T feel that if we had gone ahead
we would be reversed later. 1t Is un-
fortunate for the government and foI
the defendant that there should be
so much delay. 1t is important that
the case be concluded. The pleadings
should be such that they should be
beyond any reasonable doubt"
H J. Bone. United States district
attorney, announced to the court hi:
intention of representing the matter
to the grand jury.
At this Albert Wilson, attorney fol
Tucker, asked the court if he coulc
not have fuckers witnesses brough
before the grand jury. He took {
slam at the governments method O.
securing indictments saying: TT doe.
seem to me that the two grand jurie:
turn indictments
This case is not to be tried befor,
the grand jury. The grand jury il
not a tribunal" said Judge Amido1
in refusing the request.
st don't care to have that matte
discussed
He intimated that if Wilson ha,
any complaints to make he could fill
them privately with the court.
The indictment simply went int
the statement that company wa
organized in which fuckers officia
connection was set forth. Tha
a scheme and artifice to defrau
was devised in the sale of the stocl
and that the United States mails wer
used in the furtherance of sue
scheme citing three instances il
which letters were mailed to thre
different parties. The indictmen
asked for contained three counts.
count for each letter mailed Th
defendants claimed that the exao
time when the scheme was devise
should be given, what the details &
the scheme were, and how Tucker a
an officer converted the proceeds c
the stock to his own personal use. /
addition a mass of technicalitie
were introduced but were brushe
aside by Judge Amidon who held ths