Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-05-24
PAGE DEFENSE IS
READY TO CLOSE
Chief Defendant, Long, Min
ME Atkins and Josey Only
Witnesses Left.
BOTH SIDES CLAIM VICTORY
Edward Merrick Tells Story
Pleasing to Each Faction;
Case Near End.
Special to The World

Special to The World
MUSKOGEE, May 23 - Great
strides toward the conclusion Of the
Tommy Atkins ease We're made today
when 27 of the Page witnesses de-
parted from MuskOgee without having
testified The line Of evidence they
were prepared to give was declared
not in accordance with Pages defense
and they We're dismissed.
There now remain only four wit
nesses to be examined for this side.
They are: Page, Frank Long Minnie
Atkins and X. A. Josey. Much iu
terest centers in the testimony of
Minnie, alleged mother of Tommy,
who will probably take the witness
stand today Page is expected to be
the last witness if the examination is
not to be extended. Attorneys for
Page may rest their case this week.
The sudden departure of almost
half of Pages witnesses created much
speculation about the federal building
whore the suit is on trial. Govern
ment attorneys say that information
has reached them that two places for
'Tommy's" birth in LeavenwOrth
We're selected at the outset of the trial
by Pages lawyers. one was Granny
Letcher's' and another according to
them was Ella Abbotts. both houses
of prostitution.
Two Groups Witnesses.
Pages witnesses, they assert were
divided into two rOups: one to swear
that Tommy was born at Granny
Letcher' $" and another to testify that
he first saw the light OF day at Ella
Abbotts. The Letcher place is the one
put forth by Pages lawyers since be-
ginning the defense. For this reason,
the government declares, the other
group Of witnesses were not needed
and they were allowed to return to
their homes.
Both the government and Page
claim victory today in the testimony
of Edward Merrick, a clerk of the
Dawes commission in 1901, at the
time the Tommy Atkins allotment was
granted, that the 1895 ron on which
Tommy Atkins name appeared for the
first time, was absolutely essential to
the Dawes commission in making the
allotment six years later. This the
government declares points to can
collation. of the Tommy Atkins allot-
ment as attorneys for the prosecution
believe they have established that the
name was enrolled thru fraud.
Fraud Issue Again.
Attorneys for Page appeared to
lluu CcnSOldtlOn IN testimony gwen
| by Merrick on cross examination that
the Dawes commission probably had
other information than the 1895 roll
when making the allotments in 1901.
But attorneys for the government
point out if the enrolment was
fraudulent supplementary, informa-
ton is of no consequence.
Dennis Jones, a negro lawyer and
sleuth of Leavenworth, who has been
one OF Pages chief aides in the
Tommy Atkins case, underwent cross
examination all of this morning
Jones was at one time employed by
the Gypsy Oil company to find a
live" Tommy Atkins. Then Page who
desired a dead" Tommy, made the
negro an offer and he left the Gypsy
to take up his york for Page.
John NJ. Couch of Pryor Creek
| okla, was the last witness Of the
I day. He told of taking a five weeks
trip to Denver with Minnie in 1896.
| En- route they stopped in Kansas city
Couch Cross Examined.
! w. =. u. German, counsel for the
! government, asked Couch if, while
! they were in Kansas City, Minnie
didn't express a desire to take the
| short trip to Leavenworth and see her
son Tommy" who is supposed to
| have been left there with Granny
Letcher. mo, she didn't say anything
about having a son there" the wit
ness replied.
As the Tommy Atkins case draws
CONTINUED ON PAGE TWO