The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1910-09-30
BY Associated Press.

S. r. Rush, assistant to the attorney
general. today, said Governor Haskell
had wilfully entered into a conspiracy
to defraud the government and the
Creek Indians and had illegally secur-
ed six hundred lots at half the apprais-
ed value. He said the government
would show that Haskell and his as
sociates has registered the names of
persons living in various states and
that when patents had been issued to
these persons, most of whom did not
know they were registered, Haskell
notified the new owners and offered to
buy the lots at a nominal price. Be-
ing at no expense they readily sold
the lots they didn't know they possess.
ed, Rush said. To carry on the con-
spiracy, Rush said the Southwestern
Trading and Contracting company,
with Haskell as president was formed.
McAlester, Okla, Sept. 27.-Quick
action attended the opening of the
trial of Charles N. Haskell, governor
of Oklahoma, and others in the Mus.
kogee town lot cases here Monday
Within a few hours jury was selected
and sworn and the government an
nounced it's readiness to proceed.
S. R. Rush of Omaha, special assist
ant to the attorney general, and Dis
trict Attorney William J. Gregg made
the opening statement today, The
cases against Albert z. English and
F. B. Sewers, both of Muskogee, who
were indicted jointly with Haskell
were nolle pressed, the government
contending that they will be tried un
der another indictment.
Under the federal indictment to be
tried Immediately, Haskell, w. r
Hutchings, an attorney; Clarence W
Turner and Walter r. Eaton are
charged with conspiracy to defraud
the government" in the sale, in 1902
of about 600 town lot sites in Musko
gee. Under the terms of the sale per
sons holding 'possessory rights" tC
the property were entitled to purchase
at one-half the appraised value one
town and one residence site.
1t is charged that Haskell and his
associates falsely administered the
names of people having no such pos
sessory rights and by the payment Of
small fees for the deeds obtained pos
session of 500 lots thus depriving the
Creek Indians, who owned the land
of fair profit.
People living in many eastern and
southern states whose names, it is
charged, were registered without theil
knowledge, have been summoned as
witnesses for the government.
Much interest is attached to che
trial because of the governments pos
ition as guardian of the Indian prop
erty One of the jurors who will try
the case is an Indian, John Carlisle, q
Cherokee, member of what are known
as civilized tribes. He has been ad
mitted to citizenship. Most of the
other jurors are farmers.
AS soon as the case was called, Fed
eral Judge John A. Marshall of Utah
intimated that he later would give the
defense an opportunity to argue for a
dismissal of the charge against Gov
ernor Haskell. c. B. Stuart, counsel
: for the defense, asked permission to
argue for a dismissal on the basis oi
a decision rendered by the United
States circuit court of appeals at st
Louis last June. This decision was
given in the Lonsbaugh case on an ap
peal from the district court Of Wyom
| ing Attorney Stuart contended it held
that in an alleged conspiracy to de
fraud the government in the sale oi
lands, The defendant could not be pun
ished for overt acts committed after
the patents to the land had been grant
ed. He asserts the case was similar
to that of Governor Haskell. Judge
Marshall announced the defense might
be given permission to argue the point
as soon as the government had called
its first witness.
The case first was brought into
prominence when NJ. L. Mott, triba
attorney for the Creek nation, filed
civil suits against a large number oi
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