San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1924-04-01
Claims Miller Bsoihcrs Got
Valuable Land BY
Paying Fine.
BELONGED TO INDIANS
Witness Says He Was Fired
and Then Re-employsi
BY Daugheriy.

NSsiilngt0n, IL. T., April IA
land fraud case in Oklahoma. and a
federal judgeship appointment in
New York, were gathered today with
in the far-flung miscellany of topics
receiving the attention of the Senate
Daug herty investigating committee.
I'll. VI. Peck. former United States
attorney for Western Oklahoma. tes-
titled that Harry NJ. Daugherty had
helped cause a delay and failure in
prosecution of the Millers Brothers
land case in that state. with the re-
suit that the Miller brothers obtained
and still holds land worth more than
quarter of million dollars and have
paid only fine of $4,000.
Wayne Wilson of New York. was
called TO testify about an effort 10 get
j. Vanvechton Olcott appointed fed
eral judge. but he denied that he had
told Olcott it would be necessary 10
put M large amount of money for
tho boys" or had ever discussed the
matter in any way with officials of
the Department of Justice.
Emmett Dougherty. special as
sistant 10 the attorney general who
went TO Montana recently, was placed
on the stand and testified that he had
not been engaged on an investigation
of the record of Senator Wheeler.
Peek Takes Stand.
Daugherty'S mart in stopping the
trixA the ~MiiieF BROTHERS IaasaH
lasINHaN case in oklahoma in the
spriiig Oh WI was described by Peck.
WHO was the first witness.
The case involved 10000 acres
valued at $50 an acre. Peck said. |
When it was ready for trial. at Guth-
ne in May, 1921, he added. a per-
sonal letter from Attorney General
Daugherty directed that continu-
ance be taken to the fall term OF
court.
Peck described 4 request for his res
ignation received from Daugherty in |
September. 1921, and his subsequent !
unemployment as a special prosecutor
for the government. He referred the |
TO Senator Harreld. Okla |
homa. as TO the reasons for this re- |
Peck explained that the case re-
ferred to was instituted against George |
L, Miller and four associates. charged |
with defrauding Oklahoma Indians out |
Of land. Indictments had been re- |
turned against the Miller brothers in
1920, Peck said. and they were !
charged with organizing a campaign !
to get the lands away from Indians |
rs soon as the Department of the In
terror gave each tribesman his allot- |
nents.
Defendants Were Filed.
The criminal cases ended in pleas |
IF guilty and fines. the Department |
If Justice specifically directing that |
curse to be taken, the witness said, |
nut he added that no civil actions 10 |
recover the lands had been inaugural |
d and that the Millers brothers still |
lad them.
Peck said that in four years ex-
,erience as United States attorney he |
lad never known of another case in
which the attorney general took such |
PERSONAL interest. Acceptance of the
,ulty plea in the criminal cases was
lecided on, the witness said, despite |
lis recommendations that ''penitenti-
Try sentences" be demanded.
The committee indicated it would |
.et from files of the Department of
Justice and the United States attor- |
ley's office in Oklahoma copies of to
etters and messages in this case bear
ng Daugherty's signature.
II would not agree to anything
which would relieve George l.. Miller
# jail sentence" said the witness.
Got Orders From Daugherty.
He received orders from the attor-
icy general. he continued, TO make
10 recommendation to the court as
o sentences. and to dismiss the charge
gainst the Miller brothers. The three
theirs plealed guilty. and Geor,e l..
Iiller was fined $500. Victor Nor
on $3.50 and j. c. Newton $3.50.
1.-The United States judge in SEN
encing them said he made the PEN
lilies fines because the government
-ould undoubtedly bring civil suits to
ecover the lands for the Indians"
eek said, "and for that reason the
enalty would be adequate. However.
he civil suits were never brought.
he Miller brothers are still in pos
ession of the land. Oil has been I;
iscovered on it in several Places
Peck said he had no personal knowl-
dye as to why the civil suits were
OF pushed. He wrote report TO the
department of Justice, he said. say
ig that Oklahoma people felt the L
Miller brothers were able to escape
he consequences of illegal acts be- J
\pse of political and financial influ !
Ne" Y
Counsel for Daugherty asked If a '
rOayery suit in the Miller case was
Yin course of preparation" That Is
'uid\ be news to me-" Peck replied. y
Pec3 agreed that suits TO recover I
: la Ids could be brought Mt any t
ne without reference TO any statute 4
limi a:ions. Counsel then declared !