The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1910-04-04
TO HEAR HASKELL
CASE At TULSA
April Term Of Federal Court For East
ern District Opens at TuIsa-Town
Lot Cases Set For May 4.

Tulsa, Okla, April 4-This morn
ing at ten o'clock Judge Ralph Camp
bell, of the United States court for
the eastern district Of Oklahoma, OPEN
ed a term OF court here that will in
all probability become epochal in the
history Of Oklahoma. The cases Of
Governor Charles N. Haskell and five
other prominent citizens of Muskogee
charged with defrauding the Creek
Indians in town lot transactions, are
docketed for trial at this term.
Judge Campbell, it is understood
will hold court not longer than We'd
nesday, and only for the purpose Of
hearing motions in routine cases. On
April 18th the regular docket will be
taken up, probably before Judge Pol
lock, the somewhat noted Kansas
jurist.
The townlot cases are set down for
hearing May 4, at which time Judge
John A. Marshallt of Salt Lake, Utah,
will be on the bench. Judge Marshall
has presided in this district on each
occasion heretofore when the town lot
cases were being considered. A year
ago he was on the bench during the
Tulsa term and sustained the de-
PENDANTS motion to quash the indict-
ments returned by the Muskogee
grand jury at the January term. He
returned to Tulsa few weeks later
and charged the special grand jury
summoned to consider The town lot
cases, and received the indictments
returned by that jury. 1t was dur
ing this term Of court that Judge
Gregg. the United States attorney
created a sensation by filing a motion
charging that improper influences
were being brought to bear on the
grand jury and asking the court to
discharge the jury and order new
jury jury e.apaneled This was done and
the second grand jury returned in
dictments.
The defendants filed motions to
quash the new indictments alleging
many sensational grounds therefore.
These motions came on for hearing
at the October term of court at Ard
more and Judge Marshall was again
on the bench After a week of oral
argument in which some of the abIest
attorneys of the state appeared for
the defense, Judge Marshall overrul-
ed all motions and left the following
Saturday fol his Utah home without
setting the cases for hearing.
At the January term of court at
Muskogee this year the defendants
announced ready for trial. but Judge
Marshall was unable to be present
and the cases went over. A few weeks
ago Judge Marshall fixed May 4th as
the date for trial and all parties in
interest notified.
The government Immediately filed
its list of witnesses and it is under
stood that they have been subpoena
ed to appear in Tulsa on the date
fixed. The witnesses are for the most
part from eastern and northern states,
about 125 in number, not zone thou
sand" as some have made il appear.
The fact that they have been notified
to be on hand is proof conclusive that
the government expects to go to trial
on that date. A recent story sent out
from Guthrie stated that the defense
would get continuance for year,
but in view Of the fact that the de
fense has already once announced its
readiness for trial this story can hard
ly be accepted as accurate.
For the government the case will be
in the hands of Judge William Gregg,
United States attorney for this dis
|trict, assisted by Bayard T. Hainer.
of this city, and formerly on the fed
|eral bench in Oklahoma Territory. and
Sylvester Rush, Of Omaha. Nebraska,
special assistant attorney general
Henry Asp. for years general attor-
ney for the Santa Fe railroad with
headquarters at Guthrie, is the rank
ing attorney for the defense, buttress-
ed by score or more Of wsll known
attorneys from different sections of
the state.