The Birmingham age-herald., 1909-08-17
HASKELL FIGHTS
 BACK ACTIVELY Charges Are Made Against Attorneys and Jurymen WILL USE EVERY EFFORT Governor Haskell Makes Sensational Allegations Against District At
 torneys and Effort Will Be
 Toward Grand Jury.
WILL USE EVERY EFFORT

Muskogee. Okla. August 16,-Charges of misconduct made today against United States Marshal Victor by Governor Has, kell will be pushed vigorously, according to an announcement tonight by Pliny l.. Soper. Haskells attorney.
 Governor Haskell will use every effort, 1t was stated, to have the marshal and several grand members brought to trial.
 The case probably will be argued at Ardmore sometime in October before Judge Marshall Of Salt Lake.
 The sensational allegations were con- tained in the motions filed in the federal court here today to quash the indict- ments of Gov. Charles N. Haskell and five others in connection with the alleged town lot frauds. George w. Strawn, J. II. Dickson, J. ". Burgess, A. G. Dumas and ". T. Bailey, who were members of the grand jury which returned the in- dictments. are charged with deliberately seeking to go on the jury with view to returning indictments.
 Aside from charges against five grand jurors and the allegation of improper con- duct on the part of the United States d. B. ment Attorney Sylvester R. Rush, Assist ant Attorney J. F. Gaskill and United States Marshal Grant Victor, the allega- tions dealt largely with the selection of the grand jury with especial objection to the exclusion of Muskogee county, the home of the defendants, from the terri tory from which the jury was chosen.
 It Is alleged that George W. Strawn, J. H. Dixon, J. c. Burges, A. G. Dumas and W. T. Bailey, members of the grand jury which indicted the defendants, deliberately sought to go on that jury with a view of returning indictments; that Strawn, as foreman. conspired with Attorney Gregg to in- timidate the other jurors to voting in- dictments after they had refused to do so. The motion insists that Foreman strawn repeatedly told the jurors that they probably would be charged with perjury if they failed to indict and at one time when the ballot stood eight to eight he called for an open ballot so he would know who would be pros- ecuted.
 It is alleged that out of the eight  talesmen selected, seven were partisan republicans, and that the eighth, a bitter personal enemy of Governor Has kell, was democrat.
 After pointing out numerous tech nicalties in the manner and time of the grand jury's selection. the motion declares there was no evidence to show evidence of fraud and that the Secretary of the Interior and all of it's departments in the Indian territory were fully aware of how the town lots were scheduled and that no objection was raised.
 The six defendants were indicted by the federal grand jury at Tulsa, Okla, on May 27, charged with obtaining tiles from the government to town lots in Muskogee by illegal methods.
 The five codefendants of Governor Haskell are all wealthy and prominent citizens of Oklahoma.
 Governor Haskell and six other de- fendants had previously been indicted on the same charge but on April 10. last, Federal Judge John A. Ma shall of Utah upheld motion for the de- fendants to quash the indictments on technical grounds.