The Washington herald., 1913-02-12
HOUSE REFUSED
BY WICKERSHAM
Attorney General Will Not
Transmit Information on
Standard Oil Indictments.
CASE Is STILL PENDING
Doubts Entertained Whether Govern.
ment Has Evidence to Warrant Ex-
ecution of Removal Warrants.

Attorney General Wickersham yester-
day met the demand of the House Of
| Representatives, for documents, briefs
and transcripts Of evidence in the crimi-
nal prosecution of John b. Archbold,
| W. c. Ceagle, and Henry C. Folger. the
Standard Oil directors. recently indicted
in Texas. with a peremptory refusal The
| Attorney General advised the House OF
Representatives In a siX-page letter ad-
dressed to Speaker Clark that the matter
vas still peuding undecided. and that it
would not be compatible with the public
interests TO transmit to the House of
Representatives the papers referred to
in the resolution.
| The letter of the Attorney General re-
viewed at length the pleadings in the
case against Mr.. Archbold and his asso-
Ciatcs He told the House that the at
Itorneys for the defense had asked him
to have the evidence carefully examined
before the> warrants were served. and
the attorneys further undertook to pro-
duce the. defendants when wanted. Incl
Identally they informed Mr. Wickersham
that IL attempt was made to remove the
STANDARD Oil men to the Texas jurisdic-
\ ton they would fight such removal by
4 all legal means in their power. Mr..
! Wickersham says that the character or
| evidence
| the United States marshal not to execute
the writs. He then directed the United
States attorney for the Northern District
If Texas TO come to Washington and
submit all the evidence to the Depart
ment of Justice. where IL was carefully
reviewed by Assistant Attorney Generals
! Morrison and Pagan for the Department
These attorneys for the Federal depart
mcnt reported in writing to the ATTORNEY
hat - evidence
| not warrant arrest.
| Agent sent 10 Texas.
MIR. Wickcrsham then dispatched the
| United States Attorney back to Texas
| for the purpuse Of obtaining additional
evidence with . view To Strengthening
the case. 1t was while he was in Texas
| that Judge Meek on January = ISSUED
| the alius warrant ard sent n marshal
again 10 New York to make the arrest
This Judge Meek did Immediately fol-
lowing Il mC ton by the United states
Attorney for a pnstponement of the case
pending further investigation. The At
rnrney General. following this recital OF
the case. informs the House that a thor
ough investigation of the case. both as
10 the law and the facts, is now being
mad He relates to the House that it
must he remembered that the warrants
are not self f-eXecut ting. He says that an
Indictment is prinIa facie evidence of a
problble cause. but that il is not con-
elusive proof, and that prima fncie proof
furnished on an indictment may be over
come Dy competent preponderant evil
dence to the contrary. This question is
for the United States commissioner. to
whom applicatio for removal Of the de-
PENDANTS is made. 10 decide. Numerous
citations in support CT the Attorney
Generals contentiO,- fellow.
In conclusion, Mr.. Wickersham says:
'It is. therefore. ohEic us that il is the
duty of the law officers of the govern
Inent not TO attempt the forcible re-
moval of 4 citizen of tire United States
from one district 20 another &c answe-
to charge of crime unless On the in
dIctnient properly charges the defendant
with the commission of a crime commit
ted in the district where found, and ~
the government is in possession of evil
denCe which in the opinion of the De-
rartment of Justice is sufficient to es-
tablsh probable cause TO believe that a
conviction of the defendants can be had
under the Indictment 1t is because seri-
Gus doubts are entertained on both of
these heads tina: ! have delayed the at
tempt TO execute warrant of removal in
this case. The matter is still pending
undecided, and, IN my opinion, il would
not be compatible with the public inter
cSts 10 transmit to the House os Repre-
sentativcs the papers referred to ia the
resolution. 1 am, therefore, directed by
the President to make this response ID
the resolution of the House"