The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-07-11
Attitude Toward Dealings
Between Officials and Law
Firm Is the Cause
is THE REASON FRIENDS
ASSIGN FOR DISCHARGE
Since Indictments Against Lawyers for
Defrauding Indians Were Returned
Colonel Mosby Hns Been
Given No Work

Washington. July 10--(special. .)-Friends
of Col. John S. Mosby, the noted south
ern cavalry leader, declare his dismissal
from the department of justice not due
to inefficiency or old age but because
of his attitude toward certain dealings
between government officials and the
firm of attorneys, Mansfield, McMurray &
Cornish, who formerly represented the
Choctaw and Chickasaw Indian nations.
Since this case Colonel Mosby, while be-
ing kept on the rolls. has been given no
employment whatever. A friend of
Colonel Mosby has given out statement
of which the following Is a part
In May, 1905, Colonel Mosby was or
dered by the Attorney General to pro-
ceed to Ardmore and assist Johnson in
the investigation of certain parties guilty
of alleged criminal irregularities in the
office OF the United States marshal for
that district. In the grand jury hearing
certain facts cropped out gravely impli-
eating the firm of attorneys mentioned.
From these 1t appeared that If the dis
trict attorney did his duty he must GER
tainly ndict them for defraudng the
Indians. McMurray was present. and as
great favor was allowed to testify be-
fore the grand jury in his own behalf. a
proceeding unprecedented in criminal an
nails According to Johnson's report.
however. McMurray's testimony con-
vinced the grand jury of his guilt, for the
whole firm was indicted
square DenI" Is Urged
This they seemed to know soon as
did says Johnson In his report to the
Attorney General. land at once began us
ing every influence in their power to
prevent proceedings. I have since learned
that they had friends in Washington In
ISterceding at that time so strenuously that
Colonel Mosby received a telegram from
the department TO see that Mansfield,
McMurray & Cornish get square DEAL
ITO this telegram Colonel Mosby re-
piled by wire that if Mansfield. McMur-
ray & Cornish got squale deal they
would go to the penitentiary. The indict-
ment was found however. and forthwith
Cecil Lyon, republican national commit
teeman from Texas, was invoked He
kept the wires hot in their behalf. Lyon
was wired by one of the department at
torneys as follows;
+" Am directed to have your Indian
matter looked into by competent person.
Think 1t would be well to present case to
me here, at least preliminarily provided
l am satisfactory person. Frank answer
by wire will not prejudice your friends
Private Trial Arranged
''It is to be remembered that at this
time the indictment was ready fer trial
by johnson before the regular court In
Oklahoma. That, however, was deferred
to the private trial in the chambers of
the department of justice The attorney
also informed the Attorney General by
letter that Colonel Mosby knew little
about the matter and small reliance was
to be put in his judgment of the same
Colonel Mosby sent on a full report of
the proceedings at Ardmore. When re-
turned he was not asked a single question
about the subject. although at the time
Cecil Lyon and the defendant attorneys
were holding daily .secret conferences
with the officials of the department of
justice under the same roof Later Dis
trict Attorney Johnson was instructed to
dismiss the indictments. He refused. so
the department summarily dismissed him.
The reason of this hasty action may be
found In the peevish telegram sent by
Cecil Lyon to the Attorney General about
that time complaining OF the delay In dis
missing the cases and concluding Please
SO direct The new district attorney gem
eral dismissed them forthwith"