Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-04-10
RESPITE FOR HASKELL
Oklahoma Fraud Indictments
Are Quashed.
NEW GRAND JURY MAY ACT
Cases to Be Brought Up Again by
Government Prosecutors.
JUDGE MARSHALL'S OPINION
Decides That Counts Were Returned
by Illegally Constituted
Body.
NEW GRAND JURY MAY ACT
JUDGE MARsHALL's OPINION

TULSA, Okla, April 1O-Federal in
dictments against Gov. c. N. Haskell OF
Oklahoma and six other prominent Okla
homans. charged with fraud in Muscogee
town lots. were quashed today by Judge
John \. Marshall of Utah in the United
States circuit court.
The court in it's long decision quashed
the indictments on the ground that they
were returned by grand jury composed
of twenty-three men, under the federal
law. instead Of by a jury of sixteen. as
provided for by the Arkansas law, which
was held to be in force in Indian Terri
tory by federal enactment at the time
when the alleged frauds were committed.
Government to Begin Over.
Sylvester Rush. special assistant attor-
ney 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 1t without delay to the
body now in session.
The defendants affected by today's de-
cision besides Gov. Haskell are:
Clarence w. Turner. Muscogee. propri-
etor of hardware company. former men,
ber of the city council He was born in
Cleveland, Ohio.
Walter +. Eaton. Muscogee He i.
d native of Kansas. but resided in Lima
Ohio. and Hastings, Neb, before COM
ing TO Oklahoma in 1899. He was ses-
retary of the Indianola CONSTRUCTION
Company. of, which Gov. Haskell 1.
president. The company scheduled q
large number Of town lots. He was
indicted jointly with Haskell and c. w
Turner on one indictment carrying
forty eight counts.
offered Alaska Judgeship.
William r. Hutchins, aged forty-six
lawyer. real estate dealer. born in yir-
gfnia. He had been offered seat OF
| the bench Of the supreme court of the
| state of Oklahoma. but declined it.
F. f.. Sewers of Muscogee and Ok
muIgee, Okla. He was born in Arkan-
sas. came to Indian Territory when 4
young man and taught in the Indian
schools. He married half-breed In
dian, became a Creek citizen b.. adop
tion by the Creek council. engaged in
mercantile business, was an extensive
dealer in cattle and formerly was d
member of the Muscogee city council.
\. Il. English. son-in-law of +. f.
Sewers. la wyer. capitalist. manager OF
the Muscoeee Title and Trust Com
pany. held large interests in local tele-
phone companies and formerly was j
member of the Muskosee city council
He is now i'll in Los Angeles. Cal
Jesse Hill of Muscogee is native OF
Texas. He was indicted jointly with
English and Sewers. He came to Musco-
gee in 1900 and became interested in the
Canadian Valley Trust Company, now de-
funct. He is lawyer by profession. and
became identified with Sewers and EEs-
lish in scheduling lots.
English Ready to Return.
Mr.. English recently wrote to friends
in Muscogee that he expected to return
to his home about April Is. He under
went an operation in California and for q
time his life was despaired of.
The aggregate wealth of the seven men
ments against them numbered thirteen,
and they were returned at Nuscogee after
ia long grand jury investigation conducted
by Sylvester Rush of Omaha. witnesses
being brought to the state from OHIO.
Michigan and other eastern states.
The indictments charged alleged con-
spiracy to defraud the federal govern
ment and the Creek Indian nation I'm con-
nection with the scheduling of Muscogee
town lots in 1902.