Omaha daily bee., 1909-05-19
RUSH AND GREGG
ARE ATTACKED
CONTINUED from First Page.)

Oklahoma land fraud cases, to Senator
Curtis of Kansas, forwarded by the latter
to the Department of Justice, Attorney
General Wickersham today decided to sus-
pend further proceedings in those cases
pending the receipt Of testimony In sup
port of charges alleging improper conduct
on the art of the government attorneys.
The attorney general also decided that it
would not be for the best interests of the
government to substitute other counsel for
those now conducting the cases.
In commenting upon the matter Mr..
Wickersham stated that II was his firm
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 were conducting these cases
under adverse circumstance and no doubt
were doing their full duty and doing 1t
we'll and should be sustained.
Asp's Telegram to Curtis.
Mr. Asp's telegram to Senator Curtis,
who in forwarding IL to, the department
stated that it was his especial desire that
Mr.. Gregg, who formerly 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
for the Creek Indians. The tele-
gram is as folloYs:q
TN the conspiracy cases L discussed with
you. the grand jury, on Saturday, after a
four days session, refused to lndict Hutch
inss 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 1t useless to pre-
sent other cases to the same jury. The
motion reflected on the honesty and in
tegrity of the jury and also charged i'm
proper influence. The Judge held that the
charges of improper influence we're 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 he made tomorrow when court
convenes. A new grand Jury convenes to-
morrow afternoon.
Says Proof Is Ready.
we prepared with positive documentary
evidence showing various purposes on the
part of Rush, Gregg. and Mott, including
their determined effort TO involve partf-
sanship in this investigation. These pos
tive proofs, letters. affidavits 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. / mail, YOU bt
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.
We are ready to verify everything in
these papers and ask that proceedings be
stayed until we can present to the attor-
ney general the proofs to verify our state
ments. Please see the president and at
torney general and ask a stay and wire
me at the earliest moment possible.
Il personally feel that II the attorney
general knew the methods adopted by
public prosecutors and the facts surround
ing the investigation he substitute some
reports OF the government who would
conduct the investigation impartialy and
fairly without personal malice or partisan
consideration"