Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-05-19
Attorneys Are Accused of Trying to
Intimidate Grand Jurors.
SAY PROSECUTION Is POLITICAL
Court is Asked to Investigate Charges
Made.
ACTION BY ATTORNEY GENERAL
He Says He Does Not Believe Charges
but VIII Give Petitioners an :
Opportunity TO submit
Proofs.

TULSA. Okl May 1s.-Sensational ale
cations concerning the official conduct OF
Sylvester r. Rush special assistant to the
attorney general and United States Dis
trict Attorney Gregg Of the northern dis
trict Of Oklahoma are made in two peti-
tions filed in the federal court here
this afternoon in connection with the Mus
kogee town lot fraud cases. I
One of the petitions is signed by nine
members of the grand jury that was dis
charged on Saturday last by Judge John
A. Marshall upon motion of District At
torney Gregg, who asserted that the jury
had been subjected to improper influences.
T his petition refutes this charge and In
turn makes serious allegations against
both Messrs. Gregg and Rush. It alleges
misconduct before the jury, efforts TO In
timidate and coerce the jury to return in
dictments against Governor Charles N.
H askell and the other defendants regard
less of and contrary to proof presented
and petitions the court to investigate the
jury jurors allegations.
The defendants also filed response to
the motion of District Attorney Gregg dis
putting the charges of improper influence
This response alleged misconduct upon the
part of Gregg, asserting that he has used
the Tulsa World, Of which he Is stated
to be part owner, to mold sentiment and to
prejudice the court and grand jury against
the defendants; that he stated that he was
after Haskell and associates and that no
one else would be prosecuted; that he
| stated to Mr.. Allen of Muskogee that he
was a personal enemy of william T.
Hutchings and would send him to the
| penitentiary at all hazards, that Gregg s
, partners in the Tulsa World had stated
to prominent merchant of Tulsa that it
was political prosecution started by Will
| liam r. Hearst. the New York editor, and
| by Theodore Roosevelt against Governor
Haskell The allegations are urged to
prove the defendants claim that Gregg is
an improper person to conduct the present
prosecution before the grand jury.
Grand Jury Resumes Work.
Muskogee town lot frauds were again
| taken up with renewed vigor by a new
| federal grand jury that met here today
upon order of Judge John A. Marshall of
| Utah.
| The prosecution of these cases from the
start has been directed principally by Syl-
| vester r. Rush of Omaha, specla! assistant
to the attorney general. The first grand
jury to begin. the investigation sat al
| Muskogee last winter and returned indict-
| ments against Governor Charles N. Has
kell and six Others The cases were set
| for trial at Tulsa and Judge Marshall was
brought in as special judge to try them.
| In the meantime the defendants filed a
motion to quash. alleging misconduct upon
| the part of Mr.. Rush in the proceedings
| before the jury. Judge Marshall upheld
the motion upon a technicality holding
that the jury consisted of twenty-one men,
| as provided by the laws of the United
| States now In force, while 1t should not
have exceeded sixteen members, as pro-
vided by the Arkansas practice in effect
| when the frauds are alleged to have been
| committed.
A second grand jury was called and many
| witnesses had been examined when, on
Saturday last. the government contended
that this body had been subjected to i'm
proper influences. Judge Marshall upheld
the governments motion and discharged
the jury. Immediately ordering another one
This third grand jury convened today tc
again take up the work pushed by Mr.
Rush and his assistants. The witnesses
coming from many states and who testi-
fled before the first juries. were held here
and number OF others summoned. Mr.
Rush has previously said that the govern.
ment would push the cases TO the end.
Attorney General Notified.
| WASHINGTON, May 1s.-After receiving
a long telegram sent yesterday by Henry
F. Asp, counsel for the defendants in tn,
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