The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-09-27
RED and BLACK
men ON JURY
Also Ten White Ones to Hear the
Case Against Governor Has
kell of Okla
homa.
TRIAL HAS NOW BEGUN
After Many Delays and Attempts to
Postpone the Case, It is
Now on In
Earnest.

McALESTER, Okla, Sept. 27.-Pre-
liminaries were cut short in the open
ing of the trial of Gov. c. n. Haskell |
ct al In the Muskogee town lot cases.
Within few hours jury, containing |
an Indian and a negro, was secured
and sworn and the government an
nounced ready.
S. r. Rush of Omaha, special as
sistant to the attorney general, and
District Attorney William J.. Gregg
will make the opening statements.
The cases against Albert o. English
and F. B. Sewers, both of Muskogee
who were indicted Jointly with Has
kell, We're nolle pressed, the govern
ment contending they will be tried un-
| der another Indictment.
Under the federal Indictment to be
tried Immediately, Haskell, w. T.
Hutchins, an attorney, and Clarence
w Turner and Walter r. Eaton are
to answer to charge of conspiracy
to defraud the government in the
sale in 1902 of about 600 town lot
sites in Muskogee.
asked permission to refile the demurr-
er overruled at a previous term OF
4 court, stating the decision of the
I United States Court of Appeals of the
Eighth Circuit, rendered June is, 1910
in the case of Lonabaugh VS.. the
United States, eliminates at least a
part of the cases, notably the one
against Haskell, Turner and Eaton.
Judge Marshall asked the governor Ii
1t consented to the withdrawal Of the
pleas for the filing of demurrer. Mr..
Rush objected and Judge Marshall de-
: MED the motion, saying the end could
: be reached by objecting to the intro
duction of testimony. He ordered Mar
81 shall Victor to call the names of the
venire summoned as jurors
:, Judge Stuart then filed an applica
ton for continuance on the part OF
!; Haskell, setting out he is governor
of Oklahoma and that the press o.
!; public business is such the public
welfare would be injured by his being
l. compelled to stay in MuslEogee two o.
d three weeks for trial The length o
3 the trial was surmised from thu
# dates witnesses were subpoenaed II
7, appear.
IS Judge Marshall denied the applica
ton, stating no state or federal off
e cial is exempt from trial on Grimm
e al charge because of his official du
a ties. He said the case had been cor
,r tinued before, and there had bee
n other delays. He added If the Iona
n baugh decision eliminated the case
" as had been suggested. the tria
would be short
ID Judge Stuart then asked seve'
ir ance of the cases, claiming that tn
$, Haskell group should not be connec
S. ed with the Hutchins group. Judg
It, Marshall denied this motion on tn
ID ground the court could not be presun
ed at this juncture to know what tn
n evidence would show. He said tn
le government should have an oppo
le tunitv to introduce its evidence, an
se If the proof showed there should
,h a severance the end could be reac
s. ed by motion at the proper time
at At 4 o'clock the jury was impane
ed and sworn, and court adiourne
up till ten o'clock today. Notwithstan
te- ing the fact that the negro was r
Gently disfranchised in Oklahoma ar
ne no longer allowed to vote at eith'
To- state or county elections, the defen
er, permitted R. g. Smith, a negro, to
,er empaneled as a juror Another OF Il
10. Jurors is John Carlisle, Cherokee.