The Alaska daily empire., 1920-10-16
ALLECE ATTEMPT TO. PACK GRAND
 JURY WAS MADE
Says Rustgard Tried to Get Former U. s. Marshal Viio-
 late Oath of Office.

late Odtn Ol OlIlCe.
 Ar-
 The length to which John Rustgard would go to carry his point, the ex- tent to which he would forget pro- fessional ethics, is disclosed in the affidavit of former Deputy Marshal w. D. MacMillan, which appears be- low. in which is detailed the manner in which MT. Rustgard, when United States District Attorney, attempted to get the man whom he depended upon to be his principal witness against persons whom he suspected of crime, in as foreman of the Grand Jury to which the case would be presented The affidavit was made seven years ago, when the facts were fresh in the mind of the affiant and at a time when there was no political campaign in progress. H. l.. Faulkner, who was then United States Marshal, is also familiar with all the facts in the case
 It is fair to say that J. NJ. Tanner, present United States Marshal, refer red to in the affidavit, knew nothing of the efforts of MT Rustgard to make him both prosecuting witness md foreman of the Grand Jury and was in no wise involved in the prem ises. It is also fair to the Marshal's office at that time to say that the i'm partial jurors who were summoned by that office found the indictments, hereby proving that there was no thought on the part of anyone of fixing" things.
 MacMiIlan's Affidavit
 The affidavit of MT. MacMllan fol- lows
 United States Of America )
 District of Alaska )S. s. Division No. One.
 I, w. D. MacMillan. being first duly sworn, on oath depose and say; that have been a United States Deputy Marshal for the District of Alaska, Division No One, continu- ously since Nov 9th, 1908. having served under Marshals Shoup, Suther- land and Faulkner; that I was act 'ng as such Deputy Marshal on the 3rd day of January, 1912 at Juneau, Alaska that on said 3rd day of Jan nary, 1912 the District Court for the District of Alaska, Division No. One, ssued special venire for jurors to serve on the United States grand i,t,,, fn,. hA Ioy of the District Court at Juneau. The said venire was delivered at the of flee of the United States Marshal at Juneau, Alaska for service At the time of the delivery of said spec ial venire to H. l.. Faulkner, United States Marshal. John Rustgard who hen and there United States Dis trict Attorney for the said Division and District of Alaska, entered the office of the Marshal and, in my presence and within my hearing re- quested H. L. Faulkner, the United States Marshal to summon one J. M. Tanner to act as member of the said grand Jury. The said Rustgard stat ed to the said Marshal at the said time and place that he, Rustgard intended to introduce before the grand jury certain evidence of the violation of the Interstate Commerce laws, by various corporations doing business in Alaska, namely the Al aska Steamship Company, the Pacif ic Coast Steamship Company, The Moore's Wharf Company and others and that the said J. M. Tanner was the principal witness whom he. Rust gard. intended to summons before the said grand jury Rustgard further stated at the. said time and place that if the Marshal would summon the said Tanner as a member of the grand jury that he, Rustgard, would request the District Judge to appoint the said Tanner foreman of the said grand jury and that Tanner could then use the influence which he would have with the other members of the said grand jury, by virtue ol his office as foreman, in an effort tC make certain the indictment by the grand jury of the said corporations
 That thereupon the said specia venire was handed to me by the said United States Marshal, H. l.. Faulk Der for service. That said H. l. Faulkner at said time and place told me that the United States Marshal could not comply with the request of the said Rustgard. which would be in violation of his, Faulkner's oath. Thereupon I summoned the following persons 10 act as grand jurors in the said special venire, tc witt; H. T. Tripp, Robert Semple, C J. Skuse, J. B. King and James Joyce.
 ". D. MCMILLAN,
 Subscribed and sworn to before me this II day of November, 1913
 CHARLES A. FOX.
 ITnitad States Comm, ic e ion o,