Omaha daily bee., 1909-05-20
CHARGES STIR FRAUD CASE
Petition Of Dismissed Jurors Causes
Sensation at Tulsa.
NO CHANGE IN COUNSEL NOW
Attorney General wickersham De-
cides Case VIII Go On with Rush
and GreeR Until Accusa-
tiOna Are Proven.

tiOna Are Proven.
TULSA, Okl., MAY H. -Interest in the
Muskogeen town lot fraud cases, which in
creases daily, has been heightened by the
allegations Of misconduct made against
the government officials who are pushing
the investigation. Yesterday afternoon
eleven jurors OF the sixteen desired to fill
out the new federal grand jury were pro-
~visionally accepted wnen court adjourned
till this afternoon.
one OF the-petltions is signed by nine
members Of the grand jury that was dis
cha ged on Saturday last by Judge John
A. Marshall upon motion of District At
torney Gregg, who asserted that the jury
mad been subjected TO improper influences.
This petition refutes this charges and in
turn makes serious allegations against
both Messrs. Gregs ano Rush. 1t alleges
misconduct before the jury, efforts 10 tn
timidate and coerce the jury to return IN
dictmtnts against Governor Charles n
Haskell and the other defendants regard
less OF and contrary to proof presented,
end petitions the court to investigate the
Jurors allegations.
The defendants also filed a 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 mould 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 tina he
was a personal enemy of William T.
Hutchings and would send him to the
peuitentiary at all hazards, that Gregg's
partners In the Tulsa World had stated
to a prominent merchant Of Tulsa that IL
was a 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 70 conduct the present
prosecution before the grand Jury.
Attorney General Notified.
WASHINGTON, May 1S-After receiving
q long telegram sent yesterday by Henry
F. Asp, counsel for the defendants in the
Oklahoma land fraud cases, to Senator
Curtis Of Kansas, forwarded by the latter
to the Department of Justice, Attorney
General Wickersham today decided that it
would not be for the best interests of the
government to substitute other counsel for
those now conducting the cases and to
suspend further proceedings pending the
receipt of testimony in support of charges
alleging improper conduct on the part of
the government counsel having the direc-
ton of the cases before the grand Jury.
In commenting upon the matter MIR.
Wickersham stated that it was his firm
conviction that the government attorneys
were performing their duties faithfully
and efficiently and that at this long range
he certainly would not interfere with their
efforts. He recognized that the government
attorneys we're conducting these cases
under adverse circumstances and no doubt
were doing their full duty and doing il
we'll and should be- sustained.
Asp's Telegram to Gurus.
Mr.. Asp's telegram to Senator Curtis.
who in forwarding IL to the department
stated that 1t was his especial desire that
Mr.. Gregg, who foTmeiS, resided in Kan
sas, should be afforded every opportunity
to explain his course before any action was
taken. makes charges against District At
torney Gregg, Mr.. Rush, special prosecutor
of the government; and Mr.. Mott, special
attorney for the Creek Indians. The tele-
gram is as follows:
In the conspiracy cases / discussed with
you, the grand jury on Saturday, after a
four days session, refused to lndict Hutch
ings and Turner, which the district attor-
ney in open court claimed as the strongest
case. The district attorney moved the dis
charge of the jury and the drawing Of a
new jury, as he thought it useless to pre-
sent other cases to the same jury. The
motion reflected on the honesty and in
tesrity of the jury and also charged i'm
proper influence. The Judge held that The
charges of improper Influence were too
indefinite for consideration. but granted
the motion as a matter of right to the
government, regardless Of the charge OF
improper conduct. All the jurors present
today, nine in number have prepared for
submission to the court a report denying
the charges of the district attorney and in
convincing details charging Rush and
Gregg with highly improper conduct during
their sessions and a request to file the
same will be made tomorrow when court
convenes. A new grand jury convenes to-
morrow afternoon.
Says Proof is Ready.
I'VE prepared with positive documentary
evidence showing various purposes on the
part OF Rush, Gregg, and Mott. Including
their determined effort to involve parti-
sanship in this Investigation. These pos
tive proofs, letters, sffidavits and papers
in the defendants possession will clearly
show that Rush., Gregg and Mott are i'm
proper persons TO be entrusted to repre-
sent the government in the administration
OF justice in these cases. l mail, you by
first mail a copy of the motion Of the
district attorney, a copy OF the statement
OF the grand jurors a copy of the state
ment with exhibits which clearly disclose
improper conduct of the government agents
and Mott. Gregg and Rush in these
prosecutions.