The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-24
Judge AmidOn Holds Third In
dictment Good.
TRYING TO GET JURY.
Men Are Sworn in at
Once.
Standard Oil Figures in Ques-
tiOns to Jurors.

H. H. Tucker, jr., promoter of the
Uncle Sam Oil company, is now on
trial for using the United States mails
to defraud' in connection with the
| exploitation OF the company.
| Tucker was first indicted by a fed
eral grand jury on April s, 1907.
Ever since that time his name has
more or less occupied the attention
| of the United States court-that is
| Tucker and the manner in which he
organized his company and managed
+! it.
| He has been indicted three times,
| twice the Indictment has been
quashed on the insufficiency of the
! lnolctment as presented; The first in
d1ctment was quashed by Judge D. B.
Dyer of st. Louis last fall, a second in
| d1ctment was returned last January
| and this Indictment was similarly
treated by Judge Charles F. Amidon.
| The third and final indictment was
returned by the federal grand jury
Thursday and though Albert Wilson,
attorney for Tucker, entered a de-
| murrer this morning, It was over
| ruled.
| The demurrer is overruled," said
| Judge Amidon, simply
I'VE except" said Wilson.
Wilson claimed that Tucker should
not be held for every one of the cir
culars that were sent out and that
| the indictment wrongfully placed the
responsibility of the issuance of the
many thousands of circulars upon
1 tucker. Wilson contended that the
| manner in which the indictment was
| drawn would make it possible for
| Tucker to be made the defendant in
innumerable suits and all based on
! the same offense, that Of using the
1 mails to defraud.
Before we go to trial we should
have the copies of the printed circu-
lars that Tucker is said to have mailed
| and printed and which the government
! only refers to in their indictment"
said Wilson. in presenting bill of
particulars asking that copies Of the
| circulars be given to Tucker in or
der that the defense might be able to
know exactly what the government
intended to set out in its charges.
Il don't think that the scheme to
defraud is based on the circulars. They
| are simply introduced to show the
i averments of the general intent of a
scheme to defraud." said Judge Ami
don, in denying the request.
| With this preliminary skirmishing
| ended the swearing in of the Jurors
preparatory to- the trial took place
Eighteen jurors were sworn in at once
1 and questioned by the opposing coun-
i sci as to their Qualifications to serve
as jurors in this particular case.
This method of swearing in 1S al
| OIlCe Was uOue III OTO6r 10 oXpeO1Ce the
| proceedings. Each side,i the govern
ment as well as Tucker, will be per-
| mitted to challenge three Jurors, leav-
ing the IL accepted men to act.
4 Notwithstanding the strenuous at
1 tempts that have been made to keeI
the Standard Oil controversy out Of
the existing trial it looks as if Will
son, fuckers attorney, will make 9
determined effort to inject some por-
ton of the Standard Oil charges into
the trial
In examining the jurors Wilson ask.
ed them questions something like this
Are you stakeholder in the Stand
ard Oil company"
Are you an agent for the Standard
. Oil company" 'if
Have you any relative or neal
friends in the employ Of the STANDARD
, Oil company.
Have you any prejudice in favor o
the Standard Oil company"
Have you any feeling against thu
upbuilding Of an Independent oil com
, pany?'
Have you any connection with thu
| railroads."
, do you ride on railroad transpor
tation?"
DO you know whether you use
Standard Oil or some other Oil al
homer"
, The question failed to elicit that any
Of the Kansans on the jury were own
ers of stock in the Standard Oil com
pany. The great majority of the meI
are farmers, a number of them retired
They stated in reply to questions thai
they had heard of the case and read O.
| it but there was scarcely one out O.
the entire eighteen men who would
confess to having entertained convic
ton as to either the guilt or Innocence
| ~ -