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Sta lala ae A doe, eel aoe MORLEY yee eg ths de es i oa i op ; / ES 5S ; mS ok Bepartment of Justice z | . gf 7 Rureat of Fnuestigatian si P. 0, Box 1535, 4 to Oklahoma City, Okishom F 12. October 18, 1928.. : ¥ 15 ~~ ‘~Director, Ea 16 Burem of Investigation, — “a a3 Department of Justice, . ae “Dear Sir; Rer W, K, BALE ~ Indian Marder, 213 ¥ 22° ' Special Assistant Attorney General Ti-IT Leahy, in oR rs charge of the prosecution of the above entitled matter at Pawhuske., “p@¢ 2 Qklahoma, called me by telephone again today and was rather insist- ‘>5 «ent that another Agent be assigned to work with Special agent Johr 26 . ‘Barger until the case is again called for trial on November 12th, 27. , next. Ur. Leahy stated that it would be preferable to assign an --ix: 2g.ok.' Agent who is thoroughly familiar with the case and mentioned, first,. OR a Special Agent Frank Smith or Alex Street of the Bl Paso office, 0 30 , Mr. Leshy, and also United States Attorney Roy St. ‘32 Lewis, at Oklahoma City, mentioned that the defense is very active 43 and they thought that the assignment of an additional agent, such 34 as Smith or Stregt, would render the position of the prosecution c35 more secure and it was especially mentioned that it was unfair to 36 Agent Burger that he should be alone during this period of the in- ‘AW. vestigation, 39 . . I conferred briefly with Burger over the telephone ani 30 | while he is not insistent that another Agent be assigned to cooper- . iG) y,. ate with him, he says that he is extremely busy anc working night and “32 ee day to keep up with all the developments and that the services of ig "33. «= another Agent, especially Smith or Street who are familicr with the.- 44 case, in his opinion, would be desirable, id 46 The statement of Mr, Leahy and Mr. St. Lewis, to the ay. effect that it is unfair that Burger should be assigned alone on this 48 matter, is not without some merit for the reason that persons interest-— * 49 .— ed in the defense are vicious and puscrupulous and would not hesitate ...... &: 30 to take soma unfair adventage of Burger. I perhaps could arrange to aan $1 gpere one of the local Agents to work with Burger, tut it is pointed 52 that none of the Agents now assigned to the Oklahoma City office . $3 i@ familiar with the case and would be unable to perform any indepen- © + dr constructive work, a . aT t B4 LAU i fiz. “OCT 20.1928 NN