The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1910-09-27
Jury Selected Monday and the Famous Mus
kogee Townlot Cases Are Now to Be Tried
-Indictmgnts Against English and SeU
ers Dismisses Judge Marshal AnnOun-
ces He viii Later Hear Arguments
for Dismissal of Cases Against
Haskell and His Associates.

as soon as the government had called
its first witness.
The case first was brought into
prominence when Nj. L. Mott, tribal
attorney for the Creek nation. filed
civil suits against a large number of
prominent citizens OF Muskogee, in
cluding Governor Haskell, to recover
the value of the lots alleged to have
been obtained through fraud. The Mott
suits still are pending against most of
the persons, although A. 2. English
and F. b. Sewers, two of the men in
dicted with Haskell, virtually have
confessed judgment in the cases
lagainst them, turning back 11O lots to
the Creek nation and paying $4,000
to cover the lots now in the hands of
innocent purchasers.
The government took its cue from
the Mott suits and commenced an in
|vestigation. Sylvester r. Rush Of
Omaha and o. E. Pagan of New York.
assistants to the attorney general of
the United States, were sent to OKLA
homa to assist United States District
Attorney William j. Gregg of the
eastern district in the investigation.
AS result of their work, federal
grand jury at Muskogee returned in
dictments on February 3, 1909, against
Governor Charles N. Haskell. F. b.
Sewers, A. 2. English, C. W. Turner,
W T. Hutchings and w. R. Eaton.
che matter was resubmitted at once
to the grand jury, but after several
days of examining witnesses the jury
was discharged by Jesse Marshall on
May Is, at the request of District At
torney Gregg, who charged that 1t was
being unduly influenced by the defend
ants. Another jury was impaneled and
indictments returned on May 26, 1909
against the same defendants.
The. defendants filed motion tt
lquash the indictments, and it was sus
ltained by Judge Marshall at Tulsa oil
April 10, 1909, on the ground that the
! indictments were returned by CRANE
jury composed Of twenty-three men
under the federal law, instead of six
teen, under the Arkansas law, whicl
was held to have been in force in In
dian Territory by virtue of a fedora
enactment at the time of the alleges
offense.
The case was set for hearing at Ard
more, where Judge Marshall, on OctC
ber is, oyerruled motions to quasl
( made by Haskell and his associates
: A month later, at Chickasha, he ais
) overruled the demurrers to the indici
ments. The defendants pleaded nc
guilty and the cases were set for tris
/ at Tulsa in May, but continuanc
) was obtained at that time on th
r ground that attorneys for the defens
5 had been denied access to certain do
uments in the office of the interior d.
) partment at Washington and the Il
i dian agency at Muskogee.
= Judge Marshall then set the case
y flor the McAlester term, but in tn
a meantime, Senator Gore had gotte
d the consent of the senate to includ
l. the methods used in securing the il
e dictments against Haskell in the ma
tiers to be taken up by the senate cor
/ Imittee named to investigate third d
b Igree" methods It was expected thl
e ithe committee would visit Muskogs
a learly in September and that it wou
y afford an excuse for further pos
j ponement Of the case, but It Is a
o nounced that the committees visit
II Oklahoma has been postponed
d definitely.