Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-04-11
HASKELL WILL
NOT BE FORCED
TOFACE TRIAL
INDICTMENTS AGAINST OKLA
ROMANS oUASHED
COURT HOLDS GRAND JURY WAS
TOO NUMEROUS
six Associates of Chief Executive OF
New State Also Are Exculpated.
Cases May Be Brought
Again
tBy Associated Press.l

TVyuIsA. Okla. April 1O.-Governor
Charles N. Haskell, Oklahoma
- first chief executive, and several
other prominent Oklahomans, lndlcteu
by the federal grand jury charged win
fraud in Muskogee town lots, VIII not
have to stand trial. The motion OF tne
defendants to quash the indictments
was upheld today by Judge Jonn a.
Marshall of Utah in the Unlleo 0laleS
circuit court. -. 100,
a long one, uuashed the indictments
on the ground that they were returneo
nv a grand Jury composed OF twenty
three men under the federal law IN
stead of a jury of sixteen, as proVlueu
for by the Arkansas law Wnlcn WaS
held to be in force in the OLD 1noldil
Territory by federal enactment at .ne
time the alleged frauds were COLI
mitted.
sylvester Rush, special assistant at
tornev general, who worked up the
cases for the government, stated alter
the oninion was handed down today ne
would again present the matter TO Ine
grand jury, submitting it without , ue-
lay to the body now In session ie
defendants affected by today oeelsioil'
besides Governor Haskell, are
Men Who Escape Trial
Clarence w. IuTllGI, AuShpSNN' -
IA, proprietor of a hardware company
former member of the city council.
Walter r. Eaton Muskogee, aged 4o'
TIe Is a native of Kansas. He was sec
retary of the Indianapolis ConstTuc-
tion company, of which Governor HAS
kelI is president. The company scheq-
,led a large number of town lots' ne
was indicted jointly with Governor
Haskell and c. w. Turner on one IN
allotment carrying forty-eight counts.
William l.. Hutchings, aged 46, law
YER real estate dealer; born in VIZ
ginia. He had been offered a seat OH
the bench of the supreme court OF
Oklahoma, but declined it.
f. B. Sewers of Muskogee ana ok
mulgee, Okla, aged "a. He was porn
in Arkansas, came to Indian territory
when a Young man and taught in the
Indian schools. He married mar
breed Indian. became a Creek citizen
nv adoption by the Creek council en-
eaged in mercantile business, was an
extensive dealer in cattle and formerly
was a member of the Muskogee city
council. -
IT p sewers. lawyer, capitalist, man
arer Muskogee Title and Trust COM
many, held large interests in local tel
enhone companies and formerly was
member of Muskogee city council. lie
is now i'll in Los Angeles, Cal.
Jesse Hill of Muskogee. aged 5S. ana
native of Texas. He was indicted
Jointly with English and Sewers. lie
came TO Muskogee III 1900 and became
Interested in the Canadian valley
Trust company. now defunct. He is
LAWYER by profession and became den
tified with Sewers and English in the
scheduling of lots.
EnuIish Is Absent
Mr.. English wrote recently friends
in Musllogee that he expected to return
TO his home about April 10. lie under
went an operation recently in Callfor-
MIA and for time his life was de-
SPARED of.
The aggregate wealth of the seven
men is said to be over $2,000,000 The
indictments against them numbered
thirteen. They charged alleged con-
spiracy to defraud the federal govern
ment and the Creek nation in connec-
ton with scheduling of Muskogee town
lots in 1909.
Governor Haskell with party of
state officials and friends went to MUS
lxoeee with a party of state officials
and friends went to Muskogee from
the capitol at Guthrie on special
train. His trip developed into a DEM
onstration of an unusual character ana
when the train arrived at Muskogee
he was met by bands and cheering
thousands. Hundreds of men, some of
them tho 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 We
randa declared he had been attacked
maliciously and prosecuted and that
time would Nindicate him. Several
hundred prominent men from all parts
Ii ,.ssfN Il
in Muskogee voluntarily signed his
bond and when Governor Haskell APP
peared in court himself to affix his
own signature to that paper the in
cident was turned into another rousing
demonstration. Today's demonstration
follows the filing at Muskogee March
IA of a motion to quash all the indict-
ments.
Petition Is Sensational
The petition was sensational in char
acter, alleging misconduct on the part
of Sylvester Rush of Omaha. 1t al
legged government secret service opera
tives gave hearsay testimony before
the grand jury; that important testi-
mony was suppressed; that the govern
ment denied the jury's request for GER
tain testimony. and that witnesses
were coerced, be lg told by Attorney
Rush that indictments should be re-
turned for the reason that the govern
ment wanted ii done. Mr. Rush APP
peared personally at Tulsa in the pres
ent hearing ana denied these allega
lions.
Today Mr. Rush declared that Judge
Marshalrs opinion overturning the in
dictments was purely a decision on a
technical point and that it did not
affect the standing of the governments
allegations These charges, he said,
would be pushed unrelentingly and
without delay.
Attorneys for the accused assert the
statute of limitations will intervene to
prevent new indictments being re-
turned.
Liquor Men Win Point