Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-04-10
FOUND BY WRONG GRAND JURY
Under Federal Law Instead of
Arkansas Law in Force in
Old Indian Territory.
snrdai Asst. Atty.-Gen. Rush Says lie
VIII Again submit Matter
Decision Very Lengthy.

-ri'sa Okla. April lO-Gov. Charles
n Haskell, Oklahoma's first chief eN-
,.ut.ys ANA six other prominent Okla
tsmsns indicted by the federal grand
triy charged with fraud in Musko-
Geo town lots, viii not have 20 stand
trial The motion Of the defendants
o. qulsh the indictments was upheld
rrre today by Judge John A. Marshall
az Utah In the United states circuit
cour.
The court In its decision. which was
VERY lengthy quashed the indictments
Oh the ground that they We're re-
turned by a grand jury composed or
o. men under the federal law. instead
of @ jury Of Is. az provided Tor by the
Arkansas law which was held TO be
On force In old Indian territory by fed
aal enactment at the time when the
OF. ged frauds were committed
sylvester Rush, special assistant att
totncy- general, who worked up the
cases for the government, stated after
tha opinion was handed down today
that be would again present the matter
20 he grand jury submitting it without
delay 70 the body now in session
OTHER DEFENDANTS.
Tho defendants affected by todays
decision besides Gov. Haskell are:
81. proprietor Of hardware company.
'5 proprietor Of a hardware company.
former member OF the city council He
was born Ia Cleveland. ohio.
Walter r. Eaton, AIuskogee aged 40.
DE .s native OF Kansas but resided I'm
L.ma o.. and Hastings. Neb., before
coming 70 Oklahoma In 1893. He was
secretary OF the Indianola Construction
company. Of which Gov Haskell Is
president The company scheduled a
large number of town lots he was
indicted jointly with Gov. Haskell and
O. w. Turner on one Indictment carry
lne as counts.
william T. Hutchinson aged AZ. law
N'I' real estate dealer born i'm Virgin
d. Tie had been offered "a seat on the
'.Ach Of the supreme court OF Okla
homa. but declined a.
p. sewers Of Muskogee and Olmul-
Gre, Okla, aged a. lie was born I'M
Kansas came 10 Indian Territory when
@ Young man and taught ia the Indian
--'''f AAN mari AHA "a HIhI- nlEtu lM-
clan, became a Greek citizen by adop-
ton by the Creek council. engaged i'm
mercantile business. was an extensive
'eaier IN cattle and formerly was a
member Of the Muskogce city council.
A. 4. English, aged Al, son-in-law Of
D. Sewers. lawyer capitalist mana
Muskogeo Title a. Trust company,
N.i1 large interests In local telephone
t.muinies, and formerly was member
NItIEkIwaa AT Hs
i' iu Los Angeles. Cal
Jesse Hi of Muskogce. aged 3N. and
' native OF Texas He was Indicted
jointly with English and Sewers. lie
came 10 Muskogec I'M 1900 and became
Interested in the Canadian Valley Trust
,.nu'ny now dcfunct. de is lawyer
hN profession and became Identified
N'ta Sewers and English I'm the sched-
t.ug Of lots
Nh English recently wrote friends
H Muskogce that De expected to re-
.Hn to his e. about April 10 He
underwent AN operation ln California
"." Tor time his life was desualred
THE aggregate wealth Of the seven
neu is said to be over two millions.
.N. indictments AGAINST them number
go la ana they We're returned at Musk
'-.. after lengthy grand jury I'M
..lsltiou conducted by Sylvester
.N-h OF Omaha witnesses being
brought 90 tho state from Ohio. Mich
ln and other eastern states. Tho iu-
H. lWents charged alleged conspiracy
l' Ieffaud the federal government and
iH" Creek India nation in connection
.h the scheduling of MuskoRee town
Tots loo 1902.
DEMONSTRATION FOR HASKELL.
Iollowing the returning Of the indict-
I.nts Ill OF the men involved prompt
u gave bonds and were released Gov.
H-keIl with "a party of state oiilcials
.nI friends went t0 Muskogee from
inn capital at Guthrie on "a special
..u His nip de- eloped into "a DEM
uatiou of aQ unusual character and
.N.H the train arrived al Muskogee he
.H" met bv bands and cheering thou-
tHo- Hundreds of men some of
. m the most urominen. in the state
marched ln "a procession that escorted
. governor to his hotel Al the hotel
..' governor responded 90 Wild
tHurs fur a. succch and from the
ol.I Erruuda declared boz had been ut-
.rl maliCiously and prosecuted.
100 mat time would NIndiCate him.
.|rIHl huudrc urOWiueut men from
ports of the state h1d. previous o.
arrival iu Mustovse. voluntarily
I'D hi- bond and when Gov Has
'" appeared m court himself to ar
lH nWn signature 90 ihat uaner
l.' Incident was turned into another
''r.N' concentration T0daNs dee
iHuiHu fu1nW- lhc hiiue at Me-
'''." "u March a. of motion 90
N H.H 100 th. mdictmeut-
I'. uHi'finu WIS conventional Iu char
'.i.I ALLEGING misconduct uuuu th.
'..i uI sylvester push uf OmHhl. IA
f.E tlHt government seDr"t service
nres cove hoarsay testimony be-
in' erHnd iurv th9t iwuortnnt
.ImluN Wus aunurcssed that the eoY-
mont drp'cd thc urys REQUEST tor
.'HIu t.t.mnnN. aud that wInr-sfs
'r "nrrrl. being toll hy ATTY Rush
.uli.tmeuts SHOULD he returned
i| ihe rD4sun that the government
"HHi.u 70 dn"o. Mr. Rush anpearCd
It1ualIr 10 Tulsa boo tho present hear
lr Wu1 denied fhrsh ALLEGATIONS. To-
d'r Mr. Hush DECLARED that Jude.
r-nI. uuInluu oNerturnlng the Iu
iuHuts WHs purely decision ON "a
clinical uoint and that o. did not A.
ie't the standing of the government .