Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-04-11
SW.|NOLE
INDICTMENT
QuASHED
GOVERNOR HASKELL
WINS CONTENTION
Court Finds Fatal Flaw in True
Bill Against Oklahoma Execu-
tivei Government Will Try|
Again.


AGAIN
by Morning journal Special Leased Wirel
Tulsa. Okla. April 10 Governor
Charles Haskell Oklahoma's first
chief executive, and the six other
prominent Oklahomans indicted by
he federal grand jury charged with
fraud in Muskogee town lots VIII not
have to stand trial The motion uf
the defendants to quash the indict-
ments was upheld here today by
Judge John A. Marshal in the Unit
ted States circuit court
The court in its decision which was
very lengthy. quashed the indictments
on the ground that they We're return
ed by a grand jury composed OF
twenty three men under the federal
law, instead of a jury of sixteen, ~
provided for by the Arkansas law,
which was held to be in force in old
Indian territory by federal enactment
at the time when the alleged frauds
were committed
Sylvester Rush, special assistant at
torney general, who worked mp the
cases for the government, stated after
the opinion was handed down today
that he would again present the mat
tor to the grand jury submitting il
without delay 10 the body now in scs-
sion
The defendants affected by today
decision besides Governor Haskell are
Clarence w Turner, Muskogee, aged
55. proprietor Of a hardware company
and former member of the city eoun-
ell. lie was born in Cleveland
walter r. Eaton, Muskogee, aged
40 He is a native of Kansas but re
sided i'm Lima. Ohio. and Hastings
Neb.. before coming to Oklahoma in
1899. He was secretary of the In
dianola Construction company of
which Governor Haskell is president.
The company scheduled large nun-
her Of town lots lie was indicted
Jointly with Governor Haskell and {
W Tur 1er on uhe inlict ent carrying
forty-eight counts.
William r. Hutchings, aged 46. law
Yer. real estate dealer, born in Nir-
ginia He had been offered scat
ON the bench of the supreme court
of oklahoma but declined it,
+. B. sewers, of Muskogec and ok
mulgec. OKLA, aged "a, born in Ar
kansas came to Indian Territory when
a Young man and taught in the In
dian schools lie married a half breed
Indian, became a Creek citizen by
adoption BY the Greek council, en-
gagged in mercantile business, was an
extensive dealer in cattle and former
lv was member of the Muskogce city
council.
4. 4. English. aged A., son-in-law of
r B sewers, lawyer capitalist man
ager Muskogce Loan and Trust com
pany. held large interests in local
telephone companies and formerly was
member of Muskogee city council li'
is now in in Los Angeles Cal
Jesse Hill. of Muskogee, aged ~
and "A native of Texas. He was in
dicted Jointly with English ana Sewers
He came to Muskogcc i'm 1900 and
became Interested in the Canadian
valley Trust company now defunct'
He is "A lawyer by profession and be-
came Identified with Sewers and Eng
lish in the scheduling of lots Mr
ENGLISH recently wrote friends IN Mus
l,npee that ne expected to return to
his home about April H. He under
went an operation i'm California and
for "A time his life was despaired or.
The aggregate wealth of the seven
men is said to be over two miliionS
The indictments against them num-
hered thirteen and they were returned
M Nfuskosco after "a lengthy grand
iurv investigation conducted by Syi-
vcster Rush of Omaha. witnesses ne
inp brought To the state from ONO,
Ntichiaan and other eastern states
Tim indictments charged alleged con-
sniracv to dcfraud the federal govern
mont and the Creek Indian nation m
connection with the scheduling OF
Nuskogee town lots i'm 1907
Following the returning of the IN
di,tments am of the men involved |
promptly gave bonds and We're re-
leased
Governor Haskell with a party oi |
stare officials and friends went to Mus
lsoeee from the capital az Guthrie on |
a spccial train. His trip developed |
INTO a demonstration of an unusual
character and when the train arrived |
81 Ntuslsogec he was met by bands !
and cheering thousands Hundreds ol I
non some of them the most promi- |
mont in the state marched I'm "a pro- |
sHgSI0n fnHf fNtOl Af'N AihN
his hotel At the hotel the governor |
r4spondcd 10 wild clamors for
speech and from the hotel verandd |
said he had been attacked malielousiv
and that time would vindicate him-
Several hundred prominent men
from AN parts of the state had Noluh-
tarilv signed his bond and when ,ioF-
ernor Haskell appeared in court HIM /
self to affiN his own signature TO th''
uaner. the incident was turned into /
snothor rousing demonstration. TO-
dav's demonstration follows the lliln5 |
nj Muskogec on March u Of mo-
tion 10 quash am the Indictments
Tho netition was sensational in /
character alleging misconduct on tn'
part OF sylvester Rush x Omaha I
alleged that government secret servic"
operatives gave hcarsay testimony be
fore the grand jury. that important
testimony was suppressed. that thH