Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-05-23
ATKINS CASE TO
Apv f''l'Os polao,sn:- RITC
ltLO W. ~ "
Government Attorneys Are AS
sured Thlocco Decision
Won't Affect Suit.
WITNESSES ARE CONFUSED
Many Disagree on Date of
Birth; Negro Lawyer Re-
flutes James Statement.
WITNESSES ARE CONFUSED
Special to The World

Special to The World
MCSKOGEE, May 22.-The Thloc-
co decision will have absolutely no
bearing on the Tommy Atkins case,
now on trial according to synopsis
Of the United States supreme courts
ruling received here today Charges
of fraud the governments main con-
tention In the Atkins suit. make IL en-
tircly different from the ThloCco case.
II is charged that Minnie Atkins
employed fraud when she placed
"Tommy's" name on the roll and also
when she accepted the allotment
awarded in that name There was no
fraud charged in the Th'occo case
which, like the Atkins suit involves
La tract of valuable oil land in the
Gushing field.
Same Judge Presiding
Judge X. r.. Campbell Of the cast
orn Oklahoma district gave the first
decision I'm the rhloc % case and IT
was affirmed by the supreme court.
He is also presiding in the Atkins
trial.
Permission to attack the Dawes
commissions records was denied gov
ernment attorneys in the Thlocco case.
but granted at the outset of the At
kins trial three weeks ago. This
showed that the iurst believed an en-
tirely different question was raised in
the Tommy Atkins case.
What solicitor Says
The synopsis of the Thlocco deci-
sion sent by the solicitor of the in
terior department says in part:
THE supreme court adopted
view Of the district tribunal that
in absence Of the allegation Of
fraud 1t had no jurisdiction to
review Dawes commission or hear
evidence as to the right OF enroll
ment'
Pages attorneys today lost the air
of confidence they assumed when first
news of Thlocco decision was received
upon reading the detailed statement.
They realize that the aspects OF the
two cases are now entirely different.
Page Witness Fails.
George Crilley. proprietor Of n llv-
cry stable in LcnVcnworth, ana an
ether of Pages star witnesses, acct
dentally punctured the theory that
has been evolved for the existence of
Tommy Atkins" while under cross
examination today. Crilley was posi-
tive that he remembered seeing Tom
my Atkins play about his livery barn.
lie testified that Tommy was n year
younger than his own son whom he
said was 3 years old in 1885, when
he and his wife separated. Now the
Page interests have fixed Tommy =
birth as June /, 1855. Their own wit
ness practically destroyed one OF the
principal points in the case.
Crilley was extremely garrulous and
appeared anxious to tell in great de
tail how he remembered Tommy"
, He was severely reprimandcd twice
by Judge Campbell for putting in re
marks not called for In the questions.
Rewards Offered.
Records of testimony given by Grill
| ley at the Tommy Atkins rcCeivership D
hearing I'm 1914 We're introduced by
government counsel to show that II
was contradictory to that given today.
| 'rhc witness explained this by saying
that he did not have such a clear rec
objection of what took place IN 1885,
| three years ago "a he had now.
X. G. Allen, national Creek attorney
asked the witness what he was re
ceiving for his testimony I'm this trial
Crilley replied that he was expecting
| fair treatment from Mr.. Page.
Alva Adams, another witness, dis
played a remarkable memory about
! his boyhood days In LeavcnwOrth
when he said he played with Tommy
Atkins.
SadiC'S Statements Denied
Dennis Jones, negro lawyer OF
! WORTH was the last witness for
| Page to-day G. r.. Stuart, chief coun-
sci for Page, asked Jones IT, during
| his employ by Page 10 gather evidence
in the Tommy Atkins case, he had at
any time committed fraud in conjunc-
! ton with the defendants in the suit
As was expected, he responded in the
negative.
Sadie Jones, also of negro blood
! says in hec deposition that she and
! Dennis Jones framed the Tommy
! Atkins evidence.
| Denris boastcd Of his ability 10
manufacture any kind Of evidence
/ she declared, and on one occasion. ac-
| Cording to Sadie. asserted that he
could procure bankers lawyers, doc
( tors and business men I'm LcaNcnworth
who would swear that "hcll was an
| ice box" lie Is another of the high
class witnesses presented ly the Page
| interests
This was society day at the trial
| One prominent club woman Of Mus
| koBee gave "Tommy Atkins lunch
| con" today noon.
| At , O'Clock the guests went in n
body TO the federal courtroom, where
they heard testimony IN the famous
case during the remainder of the aft