Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-04-03
.DAUGHERTY LIED
LAND STEAL TRIALS,
PROBERS ARE TOLD
Former u, S, Attorney Says
He Was Officially Blocked
in Prosecution Of Miller
Brothers in Oklahoma

WASHINGTON, April IA land
eral judgeship appointment in New
York were gathered today within the
far-flung miscellany of topics re-
ceiving the attention Of the senate
Daugherty investigating committee.
H NJ Peck. formerly United States
attorney for western Oklahoma, tes-
titled that Harry M. Daugherty had
helped cause a delay and failure in
prosecution Of the miller Brothers y
land case in that state, with the re-
suit that the Miller group obtained
and still hold land worth more than
a quarter Of million dollars and
have paid only fine of $4,000.
Wayne Wilson, of New York, was
called to testify about an effort to
get j. VanVechten Olcott appointed
federal judge, but he denied that he
had told Olcott it would be necessary
to put up a large amount Of money
for "the boys" or had ever discussed
the matter in any way with officials
Of the department OF justice.
Continuance" Ordered
The land case involved 10000 acres,
valued at $50 an acre, Peck said
When it was ready for trial at Guth-
RE, 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 a request for his
resignation received from Daugher-
ty in September, 1921, and his sub
sequent employment as a special
prosecutor for the government. He
referred to Senator Harreld, of Ok
lahoma, as to the reasons for this
unemployment.
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 returned against the Mil
| Ter brothers in 1920, Peck said, and
they were charged with organizing
campaign to get the lands away
from Indians as soon as the depart
ment of the interior gave each
| tribesmen his allotment.
Millers Kept Land
! The criminal cases ended in pleas
Of guilty and fines, the department
Of justice specifically directing that
course to be taken, the witness said,
| but he added that no civil actions to
recover the lands had been inaugua-
| ated and that the Miller Brothers
still had them.
Peck said that in four years expe-
rience as United States attorney,
he had never known Of another case
in which the attorney general took
such personal interest. Acceptance
Of the guilty plea in the criminal
cases was decided on, the witness
| said, despite his recommendation
| that "Denitentiary sentences" be de-
| manded
The committee indicated it would
| get from the files Of the department
Of justice and the United States at
| torney's office in Oklahoma copies
of the letters and messages in this
case bearing Daugherty's signature.
Il would not agree to anything
which would relieve George l.. Mil
Ter of Jail sentence" said the wit
ness.
He received orders from the attor-
ney-general, he continued, to make no
recommendations to the court as to
sentences, and to dismiss the charge
| against the Miller brothers. The
three others pleaded guilty. George
l.. Miller was fined $500. Victor
Norton $3.50 and ]. C. Newton
$3.50.
Oil Found on Land
The U. s. judge in sentencing
them said he made the penalties
fines because the government would
undoubtedly bring civil suits to re-
cover the lands for the Indians"
| Peck said. and for that reason the
! penalty would be adequate How
ever, the civil suits were never
brought. The Miller brothers are
still in possession of the land. Oil
has been discovered on it in several
places"
Peck said he had no personal
knowledge as to why the civil suits
were not pushed. He wrote a report
! to the department Of justice, he
said saying that Oklahoma people
| felt that MILLER Brothers were able
to escape the consequences of ille-
| gal acts because of political and
financial influences"
| Counsel for Daugherty asked if a
! recovery suit in the Miller case was
not Sin course OF preparation"
That would be news TO me-"
| Peck replied.
Peck agreed that suits to recover
/ the lands could be brought at any
| time without reference to any stat
ute of limitations. Counsel then de-
/ clared that Edwin S. Booth, a special
assistant attorney general. started
ten days ago to investigate again the
Miller brothers case.
That's the same Booth who was
solicitor to former Secretary of the
Interior FaIl?" asked Senator
Wheeler.
He is" Peck said.
Senator Wheeler asked il "a man
named Todd, former law partner of
MIR. Daugherty." hadn't been work
ing or the case. Peck refused to
say, remarIing the report was
hearsay."
Land Worth S250,000
Asked by Chairman Brookhart to-
suggest witnesses the committee
| might call in the Miller case, Peck
again ramed Senator Harreld, who,
he said, had taken a deep interest.
Senator Ashurst, Democrat, AriZo
ma. asked Peck If the net result of
The transactions described did not
mean that the Miller group obtained
ifnnfinucd m, Hor 6 Column Il