The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1909-05-17
FURTHER ATTEMPT
TO |ND|CT USELESS
District Attorney Gregg Claims Jurors
Were Subjected to Improper
influences.

The following is a brief outline of
the grounds set up by Attorney Gregg
at Tulsa Saturday in asking that the
special grand jury empaneled to in
vestigate the alleged Muskogee town
lot fraud cases against Governor Has
kell and others, be discharged.
That the present jury had paid
scant attention to the evidence and
witnesses produced.
That the district attorney was in
formed, and believed, that the grand
jury had been surrounded with inn
proper influences seeking to thwart a
fair and full investigation.
That it would be useless for the
government to undertake to carry on
the investigation before the present
grand jury
In the interest of justice and the due
administration of law the discharge
of the present jury was asked and an
order for the empanelling of new
jury, in the selection of which citizens
of Muskogee were to be excluded.
In granting the district motion to
discharge the old jury and immediate
ly empanel a new one Judge Marshall
gave the following reasons for his de-
cision, which is a brief summary Of
the decision:
I'm passing on the motion present
ed by the District Attorney. | will re-
frain from voicing any opinion on the
conduct of the grand jurors. And
there are many reasons which pre-
clude me from examining the testi-
mony presented before the grand jury,
or announcing what think the grand
jury should do. Presumably each
grand juror will act according to his
own convictions.
If. as a matter of fact, it is correct
ly stated in this motion that each of
these cases will be determined on like
testimony, it would seem without rea-
son to present similar cases to the
grand jury, because the government
is not barred by the failure of any one
grand jury to find an indictment The
right remains to present the case to
any other grand jury. Ordinarily it
would be the grand jury at the next
term of court. But the statute of limi-
tations might intervene between this
grand jury and the next, and cut off
the right of the investigation, and it
seems to me the bounden duty of the
government at this time to call an
other grand jury.
Without expressing my opinion as
to the conduct of this grand jury, the
court will discharge it from further
service at this time, and the clerk will
be directed to call a grand jury from
the body of the district, exclusive of
Muskogee county. The reason is that
these matters have arisen in Musko-
gee county, and are matters that have
aroused public opinion. and it seems
that this public opinion is unfavorable
to the obtaining of impartial, indiffer-
ent grand jurors from Muskogee coun-
ty. For that reason the next grand
jury will be drawn exclusive of Mus
kogee county Let the venire be
drawn returnable at two o'clock Tues
day afternoon.
Something has been said about this
grand jury being subjected to improp-
er influences. If that be true. it
should be called to the attention of the
court
At this iuncture Haskell interrupt
ed ''In the absence of Judge Stew
art" he said, Il desire to be heard. |
The improper influences we are per-
fectly ready to hear at any time, and
of course we take at the beginning the
Tulsa Daily World, Mr.. Gregg's pa
per"
Judge Marshall: Whenever the |
matter is presented the court will be
glad to hear both sides, but until that |
time references to such should not !
be offered before the court"