Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-07-15
dakota DAM Will Put His
Case Before Grand Jury.
His New Counsel Has Made De-
mand on Dist. Atty. Higgins.
Celebrated Russell VIII Case to Be
Investigated CriminaIly.

Boston, Mass, July 14.-New and
startling developments in the ceIebrat-
ed Russell win case occurred, last
night with a change of counsel for
Daniel Blake Russell dakota DAM.
Through William r. Scharton, his new
counsel, Dakota Dan now seeks d
criminal investigation and declares he
is willing to appear before the Middle
sex grand jury and waive immunity to
establish his identity and birthright,
stating that if he is an imposter he
should be indicted as such.
Scharton at his law Office, last eve
ming. declared that Dakota Dan in
tended, if his identity and birthright
were still denied him in the civil
courts, to take the case into the crimi-
nal courts.
Late, yesterday afternoon, Atty.
Scharton mailed letter, requesting a
sweeping criminal investigation of the
case to Dist. Atty John J. Higgins OF
Middlesex county. 1t reads:
AS counsel for Daniel Blake Russell,
otherwise known as Dakota Dam and
after an exhaustive examination of his
case, | now demand that you, as pub
lie prosecutor for the county of Mid
dIesex. shall make full and complete
investigation of the case known as
Daniel Blake Russell VS.. estate of
Daniel Russell.
1T is very evident to the public at
large that either Dakota Dan or FIRES
no Dan is an impostor and a perjurer
1t is also very evident that there was
perjury committed by number OF wit
nesses in the course of the hearing In
the probate court for the county OF
Middlesex.
Now in behalf of Dakota Dan,
hereby notify YOU that he is willing &c
waive immunity and is DESTROYS of APP
pearsng before the grand jury at any
time that YOU may summon him to
testify relative To his identity. He de-
mands a full investigation.
Therefore it becomes your solemn
duty to protect him if he is right and
to punish all who are concerned in con-
spiracy in Gepriving him of his birth
right. In the event of your refusal.
shall he compelled to write to the fore
man of the grand iitry and ask per
mission to appear before them with the
witnesses at the next sitting.
Il deem that this matter should re-
ceive your greatest consideration, fol
ii would seem strange to outsiders thai
sucn conditions could exist in our com
monwealth without some action taker
by our criminal courts
When the case comes up on con
tinuanee, Monday. before Special Mas.
ter Gilbert A A. Pevey at East Cam.
bridge, Atty. Sehartop will again ask fol
continuance on the ground that he has
filed motion with the supreme judicia
court of this state asking the revoca.
ton of the special master named to heal
the suit and modification of the rule tC
the master.
The motion asks that an interlocutorS
order be substituted for said rule, 81
that instead of the master deciding tn,
case on its merits as has been ruled, h,
will be ordered to announce his finding
or decision to the court
Scharton declared that he intends Il
fight this case on entirely new lines anC
to the finish. lie says he has prepared
a petition which he will have presented
to the next General Court, as a result o.
this case, demanding legislation to oh
viate the present method of trial by
jury at the discretion of the court. II,
believes that either party i'm an actor
at law or in equity should have tn,
right to trial by jury of any issue o.
fact upon which the right of parties de
pends