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Show IBS FAH.UK (AGIST HASKELL ftfoii of Defendants to Quash dictmenfs Upheld by Judge . Marshall of Utah. taCALOT IS BASIS ; FOR COURT'S DECISION tcial Prosecutor Rush Says 6 Will Again Present Mat-' ' : tcr to Grand Jury. ULSA, Okla., April 10. Governor rlts X. Haskell, Okl.ilioma's first f executive, and tho six other pronii- Oklahonians indicted by tlio l'ed-pand l'ed-pand jury, charged with fraud in fcoic iwu ut have to d Jrial. The motion of the defend- I lo quash the indictments Avns up- Icro today by .ludpe John A. M:ir-i M:ir-i of Utah, in the United States cir-tourt cir-tourt court in its decision, which was lengthy, quashed the indictments it ground that they were returned .grand jury composed of twenty-imen, twenty-imen, tinder the federal hiw. in- of a jury of sixteen, as provided hy the Arkansas law. which was to he in'force in old Indian Terri-bv Terri-bv federal enact ment at the time I 'tlio alleged frauds were cojii-Ivciter cojii-Ivciter Hush, special assistant at-v at-v general, who worked up thr "for tho goverument, stated after Opinion was handed down today would again present the matter o grand .iury, submitting it; with-ttlay with-ttlay to the body now in session. Other Dofcudaiits. ; dpfendatits affected by todaj-'s 1)n, besides Oovernor Haskell, are: enco Turner, Muskogee, aged o, clor of a hardware company, for-aembor for-aembor of the cttv council. JIc oru in C leveland, 0. Icr R. Eaton, Muskogee, aged -10. a native of Kansas, but resided i, 0., and Hastings. Neb., before g lo Oklahoma in lSD.O. He was iry of the Hidianola Construction nv, of which Governor Haskell is cnt. The comjiany scheduled :i number of town lots. Ho was id jointly t M'ith (Soveruor Haskell ': "V Turner onv ono- iudictmeiit ig forty-eight points, mni X' Hulchinga, aged -IG, lajv-eal lajv-eal estate dealer, born in Virile Vir-ile had been offered a seat on ncli of the supreme court of Okla-but Okla-but declined it. , .Severs of Muskonee and Ok-Okln.. Ok-Okln.. aged 7-1. He was born lansas, canm to Indian Territory 3 young man and taught in the Eehool?. Ho married a ' half-Indian, half-Indian, became a Creek citizen iption by the Creek council en-in en-in mercantile business, was an ve dealer in cattle and formerly member of the Muskoneo cttv &3tf& KngHsh. aged son-in-law of .XK Severs; lawyer, capitalist, man-Muskogee. man-Muskogee. Title and Trust enm-IHtJield enm-IHtJield largo interests in local tele-P9 tele-P9 companies, and formerly was a iBber of the Muskogee cit' council. ?pH'' now ill in Los Angeles, Cal. ipt-'e Hill of Muskogee, agod US, and Jvtive of Tevas. 7fe was indicted 2PUy with English and Sovcrs. Ho 'JBfi0 Muskogeiviu 1900 and became jjjBRfifod in the 'Canadian Valley Trust -j-jpf3ny, now defuuet. Ho is a lawyer ICPK profession and became identified jjjjBtt Severe and English in the sched- English a Sick Man. English recently wrote friends jplftlluskogcc that he "expected to ro-naWt? ro-naWt? 'o kis homo about April 15. He JiSMSw en an Pfratiou in California Jfor a time his life was despaired of. jBfta aggregate wealth of tho seven J.is taid to bu. over two millions, 'ftt'kctmcnls against them numbered I rtfccn and thej' were returned at ?SBjogee after a lengthy grand jury Migation, conducted 'by Sylvester jjMwof Omaha, witnesses being brought -Um sLito from Ohio. Michigan and yWJ? eastern states. The indislmouts SBJWd alleged conspiracy to defraud ;IEj;fedcral government and the Creek THjjjQ nation in connection wilh the .iBSr11'!?? t' Muskogeo town lots in L'iKr. Following tho returning of the rcnt3 all of the men involved jSpptly ravo bonds and wcro released, B!e.rD('" Haskell, with a partv of stato it an lrien(s, went lo M.uskogec JKpi . capital at Guthrio on a spc-jP" spc-jP" train. His trip developed into a (MK'Ifwation of an unusual character, ?M1,hcn tho train arrived at Muskogeo jJjRj35 -iot by bands and cheorinc KrA1!"8 Hundreds of men, somo of rJEJ, , n,05t prominent in the state. fPled m a procession that escorted gV. governor to his hotel. At tho hotel .viTiPUiorernor respouded to wild clamors spieocl1 an 0l the hotel veranda ?aR'MC!l ho i,nfi iJCen attacked ma- liW.'y.niid persecuted, and that time fJW5 indicate him. Several hundred PKJ,nent men from all parts of the "TKiv Iffvious to his arrival in isocce, voluntarily signed his bond. v,'Re .Governor Haskell apponrcd f'BfeS linnself to affix his own sig-"iBtopS sig-"iBtopS - i Paper tho incident was fJjBL 'p ? a,.,otkCT rousing demonBtra-EV demonBtra-EV iotn.Y ' demonstration follows jB .,nP at M.U8kogeo on Mirch 1-1 of PWL The Counter Charges. xMu,0 Petition was sensationnl in char-iSKBivi,. char-iSKBivi,. ,0Kfr misconduct upon tho part Mt ? R,1Ih oC OamlxvL. It alleged jslKisSn in,uenfc secret service opera-V10 opera-V10 hearsay testimony before tho .iUr3; "mt important testimonv iftsier!Lrc('d' tli:it rh govcrnmont .K,VnMlh0 .lry's request for certain r'(((j",ony. and that witnesses were co- Mt vln.K lol(1 hy At tome v Rush S 4iaictmcnts should bo returned yMt uc reason that the government 'lwL Contiruod on PaLrC Two j CHARGES FAILURE AGAINST HASKELL Continued From Page One. wanted it done. Mr. Rush appearod personally at Tulsa in the present hearing hear-ing and 'denied these allegations. Today To-day Mr. Rush declared that Judge Marshall Mar-shall 's opinion overturning the indictments indict-ments was purely a decision on a technical tech-nical point,and that it did not affc"ct tho standing of the government's allegations. alle-gations. Thqso charges, ho declared, would bo pushed unrolentingly and without delay. It; is stated tonight that all town-lot fraud proceedings will undoubtedly be dropped by tho government. Aside from tho town-lot cases, eighteen persons, indicted in-dicted for various offenses under similar simi-lar circumstnnces, will go free under today's rulings. Government attorneys hold that under un-der today's ruling not a dingle conviction convic-tion can bo secured for a crime committed com-mitted prior to statehood. |