Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-05-11
HASKELL BEFORE
NEW GRAND JURY
ALLEGED LAND FRAUDS AGAIN
TO BE PR0BED
GOVERNOR ISSUES STATEMENT
RELATIVE TO CHARGES
Judge Who 0uashed indictments at
Muskogee Presides at Selection
of lnquisitors-Guilt Is
Denied
LRv Associated Press.1

TULSA, Okla, May 10.-Again today
a federal grand jury here took up the
investigation of the Muskogee land
fraud cases.
These are the same cases in which
indictments were returned last winter
at Muskogee against Governor Chas
N. Haskell and a half dozen other OK
lahomans. Sylvester Rush of Omaha
who had personal charge of the first
investigation, will direct the present
one.
Judge John A Marshall of Utah, who
quashed the Muskogee indictments
was on the bench today when the
selection of new grand jury was
begun.
Governor Haskell was present in
court surrounded by his attorneys
while District Attorney Gregg, Sylves-
ter Rush and oliver L. Pagen looked
out for the governments interests.
Attorney GREGG asked that j. F
Gaskill be appointed as special attor-
ney to assist in the prosecution.
Eleven men qualified for services as
jurors when the panel was exhausted
Judge Marshall then instructed the
marshal to summon eight additional
men from which to fill out the COM
plete jury of sixteen and adjourned
court until Tuesray afternoon.
Governors Statement
Governor Haskell issued a state
ment today respecting his connection
with the so-called Mott civil land
suits, and the acton of Federal Judge
Campbell, who at Muskogee, on Sat
urday last, overruled a motion of the
defendant.
The decision, the governor says, was
in the cases brought by the govern
aaI IN
town lots in Muskogee and several
other Creek Nation towns.
Jude Campbelrs decision" says
Governor Haskell, merely overrules
the defendants demurrer to the gov
ernment's petition, which was prin-
cipally a question of the Jurisdistion
of the court to hear these suits at the
instance of the interior department,
and after overruling the demurrer, the
court allowed the defendants to an
swer, putting the facts alleged in the
governments petition on issue for
future trial.
1.-THE government alleges there was a
a conspiracy between the owners and
schedulers of the lots, and that the
Creek Nation and government officials
had no knowledge of the plans of
scheduling.
IAN investigation discloses the fact
that the federal officials not only had
knowledge, but approved the plan, and
the decision has no bearing on the
criminal prosecutions.
Governments Complaint
1.-THE governments complaint does
not extend over more than half of the
unimproved plated land, and is to the
effect that the whole valuation of one
half thereof should have been realized
by the government, so that in no event
does the government complain of the
loss of more than S25,000
'"rhese complaints in the civil cases
involve more than 100 people in Musk
ogee alone, but the government has
seen fit to seek indictments only
against Governor Haskell and six
others.
"The government claims Haskell is
an officials of a corporation that Sc
cured a small portion of the above
unimproved lots, the government val
uation of which was less than $500, so
that the real government complaint
against the corporation that Haskell
was connected with, in dollars and
cents, Is less than $1750, and Haskells
interest as a stockholder in said cor
poration was claimed to be about a
per cent.
"This is the strongest statement that
can be made against these defendants,
drawn from the governments claim,
based on its official record and the
defendants allege they will be able
to show the government has no cause
for complaint"