The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-04-10
On Charge of Conspiring to De-
fraud the Government.
INDICTMENT QUASHED
On the Ground That 1t Was I'M
properly Returned.
CO-defendants Escape Through
the Same LOOph0le.

Oklahomans indicted by the federal
; grand jury, charged with fraud in Mus
kogee town lots, will not have to stand
trial The motion of the defendants to
quash the indictments was upheld here
; today by Judge John A. Marshall, of
Utah, in the United States circuit court.
The court in it's decision which was
very lengthy, quashed the indictments
on the ground that they were returned
by grand jury composed of % men
under the federal law. instead of jury
of 16, as provided for by the Arkansas
law, which was held to be in force in
old Indian Territory by federal enact
ment at the time when the alleged
frauds were committed.
| sylvester Rush, special assistant at
| torney general, who worked up the
| cases for the government. stated after
/ the opinion was handed down today
| that he would again present the matter
to the grand jury. submitting it with
| out delay to the body now in session.
Those Affected.
The defendants affected by today's
decision besides Governor Haskell are:
Clarence w. Turner. Muskogee, aged
so; proprietor of hardware company,
former member of the city council. He
was born in Cleveland. o.
Walter R. Eaton. Muskogee, aged 40.
He is native of Kansas. but resided in
Lima, o.. and Hastings, Neb., before
coming to Oklahoma in $780, He was
secretary of the Indianola Construction
president. The company scheduled
large number of town lots. He was in
dicted Jointly with Governor Haskell
and c. w. Turner one one indictment
carrying 4S counts.
| F. B. Sewers of Muskogee and
| Okmulgee, Okla, aged "A. He was
born in Arkansas, came to Indian Ter
| r1tory when a young man and taught
in the Indian schools. He married
half breed Indian, became a Creek
citizen by adoption by the Creek coun-
ell, engaged in mercantile business,
was an extensive dealer in cattle and
formerly was member of the Mus
kogee city council.
A z. English, aged Al, son-in-law of
F. B. Sewers; lawyer. capitalist, man
/ ager -Muskogee Title & Trust COM
pany. held large interests in local
telephone companies, and formerly
was member of Muskogee city coun-
ell. He is now i'll in Los Angeles, Cal.
Jesse Hill of Muskogee, aged 3S,
and native of Texas. He was indict-
ed jointly with English and Sewers. He
came interested in the Canadian Valley
Trust company, now defunct. He is a
lawyer by profession and became iden-
titled with Sewers and English in the
scheduling of lots.
Worth Over Sc, 900. 900.
Mr. English wrote recently to
friends in Muskogee that he expected
to return to his home about April Is.
He underwent an operation in Cali
fornia and for time his life was
of the seven men is said to over two
millions. The indictments against
them numbered 13, and they were re-
turned at Muskogee after a lengthy
grand jury investigation, conducted
by Sylvester Rush of Omaha, witness
es being brought to the state from
Ohio, Michigan and other eastern
! states.
| The indictments charged alleged
conspiracy to defraud the federal gov
ernment and the Creek Indian nation
| in connection with the scheduling of
Muskogee town lots in 1902. Follow
all of the men involved promptly gave
bonds and were released. Governor
Haskell, with a party of state officials
and friends, went to Muskogee from
the capital at Guthrie on a special
train. His trip developed into a
demonstration of an unusual character
and when the train arrived at Musko-
gee, he was met by bands and cheer
ing thousands.
Il Hundreds of men. some of them
the most prominent in the state.
! marched in a procession that escorted
the governor to his hotel. At the
hotel the governor responded to wild
| clamorS for a speech and from the
hotel veranda declared he had been
attacked maliciously and prosecuted,
and that time would vindicate him.
Several hundred prominent men from
all parts of the state had previous to
his arrival in Muskogee voluntarily
signed his bond and when Governor
Haskell appeared in court himself to
affix his own signature to that paper,
the incident was turned into another
rousing demonstration.
VIII Try Again.
4 Today's decision follows the filing
Il at Muskogee on March II, of mo-
ton to quash all the indictments.
The petition was sensational in
character, alleging misconduct upon
the part of Sylvester Rush of Omaha.
1t alleged that government secret
service operatives gave hearsay tes-
timony before the grand jury, that
important testimony was suppressed;
, that the government denied the jury's
request for certain testimony. and
that witnesses were coerced, being
told by Attorney Rush that indict-
reason that the government wanted it
done.
Mr. Rush appeared personally at
Tulsa in the present hearing and de-
MED these allegations. Today Mr..
Rush declared that Judge Marshall's
opinion overturning the indictments
was purely a decision on technical
point. and that it did not affect the
| standing of the governments s
allegations These charges, he de-
clared would be pushed unrelentingly
and without delay.
Il Attorneys for the accused assert
that the statute of limitation will in
tervene to prevent new indictments be-
ing returned. 1t is stated that the
last covert act charged against the
defendants was committed in April,
1906, and that the statute of limita-
tion in cases of this nature runs for
but three years.