Report on Certain Indictments Formerly Found Against D. H. Johnston, P. S. Mosely, George Mansfield, J. F. McMurray, and Melvin Cornish, and Later Dismissed
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Produktbeschreibung
Excerpt from Report on Certain Indictments Formerly Found Against D. H. Johnston, P. S. Mosely, George Mansfield, J. F. McMurray, and Melvin Cornish, and Later Dismissed: Letter From the Attorney-General Soon afterwards the attention of the Department was called by the President to complaints that this indictment was not supported by the evidence submitted to the grand jury; that the grand jury itself, or some members thereof, were hostile to the defendants, and shared a prejudice against them prevailing among the white inhabitants of the Choctaw and Chickasaw territory and the adjoining district of Texas, arising from the fact that several thousand such persons had been foiled in attempts to procure their enrollment on the tribal rolls of the Indians in question through the efforts of the said counsel, at an estimated saving to the genuine Indians of some $15,000,000, and that the United States attorney had been actuated in his official conduct by personal enmity to the accused, arising mainly from the fact that they had replaced him as counsel for the said tribes of Indians. By direction of the President an inquiry was ordered into these charges and complaints, and Mr. Charles W. Russell, now Assistant Attorney-General, was ordered by Attorney-General Moody to conduct said inquiry. It is suggested in the first paragraph of the resolution proper that Special Agent John S. Mosby, of this Department, had been instrumental in causing the said indictment to be found, but this appears to be a misapprehension, founded apparently upon his having investigated the charges against United States Marshal Benjamin H. Colbert, of that district, and certain other parties against whom indictments were found about the same time, and also to the fact that Mr. Mosby was then present in the Territory and informed of the proceedings before the grand jury. It does not at all appear from the records of the Department that he was authorized to act in any official capacity with regard to the subject-matter of the resolution now under consideration; he appears, however, to have believed the defendants guilty. After a prolonged and very careful investigation Mr. Russell reported to the Attorney-General that, in his judgment, the indictment ought not to have been found, and ought to be dismissed, and on December 6 Attorney-General Moody directed the United States attorney for the southern district of the Indian Territory to dismiss the said indictment unless he had found some reason to the contrary since his return to the Indian Territory, he having previously visited Washington for consultation with the Attorney-General on this subject. On the same day Mr. Johnson telegraphed to the effect that he was expecting further information on the subject, and this information he sent on December 13 in a letter and telegram, of which I inclose copies, marked Exhibits "A" and "B." On December 17 he stated in another telegram that he was convinced of the guilt of the accused. It is understood that the Department of the Interior desired the prosecution to be continued, and in view of this fact, and inasmuch as Mr. Johnson´s term of office would expire within some six weeks, it was determined not to dismiss the indictments, but to cause a further investigation to be made by the succeeding United States attorney, Mr. George R. Walker, who was appointed on February 1, 1000. In the meantime - that is to say, on December 18, 1905 - the President had directed the removal of Mr. Johnson, but on the same day revolted the order. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
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