WEWOKA-Seminole County District Judge Frank H. Seay said today he is “neutral as a district judge should be and must be” toward all parties concerned with a grand jury investigation starting here Monday.

Meanwhile, The Producer learned today that the state attorney general’s office had a private discussion with Sheriff Bill Merryfield last week at Oklahoma City concerning the upcoming grand jury.

It was also learned that the attorney general’s staff called Seminole County Excise Board Chairman Ben Ragland and past board member Rudolph Black to the state capitol Monday for private talks concerning the upcoming probe. Apparently Attorney General Larry Derryberry’s staff, which will advise the grand jury, is attempting to document evidence and make itself more familiar with the Seminole County controversies.

Judge Seay’s remarks today concerning his “neutral” position toward the grand jury were in response to a story in a Wewoka newspaper Sunday which said District Attorney Roy Powell described Seay as being sympathetic to Sheriff Merryfield.

Powell will be investigated by the grand jury, which was called by Seay after Merryfield circulated a grand jury petition seeking a probe of the district attorney.

Contacted by The Producer this morning and asked for a response to Powell’s charges, Seay responded, “I personally don’t have any controversy with any of the parties involved with the grand jury.” The district judge pointed out that Merryfield’s petition contained enough bona fide signatures to force him to call the grand jury.

“I did not call the grand jury on my own motion, but because state law requires me to when sufficient petitions are presented to me,” Judge Seay said.

The district attorney charged that his conflict with Merryfield stems from Powell’s unwillingness to go along with a “delay, defer and dismiss” brand of law enforcement, The Wewoka Daily Times reported. Powell also was reported as saying that the sheriff and he split when as district attorney he told Merryfield to prohibit unnecessarily rough treatment of suspects.

Merryfield today denied Powell’s accusations. “If he knows of rough treatment of suspects why doesn’t he file charges?” the sheriff said.

“There has been no undue force of any kind used on any suspects by men in my office, “ Merryfield added.

Powell told The Times that “the story of justice in that county (Seminole County) before I became district attorney was for them to prosecute their biggest enemies. Ninety per cent of those prosecuted were black, Indian or poor white.”

The grand jury will investigate Powell for alleged “malfeasance in office, misappropriation of funds and criminal conduct.”

Powell told The Times that he and Merryfield differ on how arrests should be made. “Punishment is the duty of the jury, not the discretion of the arresting officer,” Powell was quoted as saying in the Wewoka paper. “It’s not law enforcement like he (Merryfield), wants it, and that’s with a night stick. People are entitled to more than that.” Merryfield branded Powell’s attack on him as “ridiculous.” “Powell’s in trouble concerning this grand jury and he knows it, and he is trying to put up a smoke screen but it will not work,” the sheriff said.

Powell told the Wewoka paper that “I have at least 25 felony cases I can not get to court under Seay until September.”

The district attorney said. “I’m going to transfer my criminal cases to the Seminole division of Seminole County District Court.”

Judge Seay said today that the “trial docket is up to date and is in the best shape its been in since I became associated with the district court as county attorney in 1963.”

“I believe in the certainty of punishment and quick judgment and trial,” Powell was quoted in the Times. “In September a guilty verdict really won’t have the effect as one today for a crime committed yesterday.”

Seay said, “As far as I can determine the trial docket is up to date with the exception of cases which the district attorney’s office asked to be passed at the last trial docket or that have been just recently been brought to issue and are now ready for trial.”

Powell told The Times, “The people of Seminole County are tired of the old system of justice. They’re ready for a change. They used to be afraid to come to the district attorney’s office. They’re not as afraid to now. They know it won’t get back to anyone else five minutes later.”

“The people of Seminole County want justice and I’m going to give it to them,” Powell, who has been criticized for his alleged failure to act toward complaints of law violations, told The Times.

The district attorney told the Wewoka paper that out of his last 11 felony cases, nine were convictions by a jury. “The people of Seminole County are good people over there,” Powell who lives at Ada, was quoted as saying. “I get maximum cases on all my convictions.

“When I go to court, I take four or five assistants with me. I had two courtrooms and two judges, I’d keep them occupied,” Powell was quoted as saying.

He explained to the newspaper that be did not wish to keep the courtroom busy all the time but that he wanted to try the cases and get them over with as soon as possible.

“People have a right to a speedy trial,” Powell said. “My job is trying to seek justice, not convictions.”

Seay said that as soon as the grand jury and all matters concerning the grand jury are completed, then “I’ll take a careful look at the docket and if we need to have another trial docket, then I’ll call a jury and we’ll dispose of the cases.”

Today, however, the docket is in good shape,” the district judge added. -oOo HOUSTON (UPI) - Billionaire Howard R. Hughes died a “very old, very emaciated man” during an emergency medical flight to Texas, but his death did not end the controversy and secrecy that marked his reclusive final two decades.

Police and Methodist Hospital administrators guarded Hughes’ body today in a room of the hospital pathology lab while authorities tried to settle a dispute over whether an autopsy would be performed.

“This is not an ordinary body,” said a hospital source. “This is a corporate body. This is a man worth $7, billion.”

Hughes, 70, was taken from his final hotel retreat in Acapulco, Mexico, Monday and put aboard a chartered jet for the flight to Texas, but authorities said he died 30 minutes before the plane landed.

“Monday at 1:27 p.m. (CST) en route from Acapulco to Houston, Howard Hughes expired,” the initial hospital statement said. “Mr. Hughes was en route to Methodist Hospital for medical treatment.”

Hospital officials did not officially disclose the nature of the illness and the cause of death for the one-time playboy pilot.

There were contradictory reports about the possible cause of death. A spokesman for Hughes’ Summa Corp., said in Los Angeles Hughes died of a “cerebral vascular accident, meaning a stroke.” The spokesman said the cause of death was determined by a physician, but he would not identify the doctor.

But Dr. Henry Mcintosh, chairman of the internal medicine department of Bayler College of Medicine and chief of internal medicine service at Methodist, emphatically denied Hughes suffered a stroke. Mcintosh also said Hughes did not die of a diabetic coma, a possibility mentioned earlier. He refused to discuss any possible heart problems Hughes might have had.

Under Texas law if Hughes was in the company of two physicians when he died no autopsy is necessary. But an examination by the local medical examiner is required.

“Officials of the Methodist Hospital have consulted with Dr. Joseph Jachimezyk, chief (Harris County) medical examiner, and Dr. Ethel Erikson, deputy medical examiner. Additional information will not be available until consultation with attending physicians are completed sometime Tuesday,” said Larry Mathis, Methodist Hospital vice president.

Jachimezyk said be must give approval of release of the case to a state licensed doctor or perform an autopsy and sign the death certificate himself. He said he did not know if the doctors attending Hughes on his flight were licensed by the state.

A local funeral home owner said members of the Hughes family contacted him to make arrangements for final disposition of the body.

George Lewis Jr. told reporters there would be an autopsy at 1 p.m. today and “we expect to get the body at 3 p.m.”

Lewis said the arrangements were made with Will Lammis, son of Mrs. Frederick R. Lammis. -oOo Cluttered Corner Scribe Thanks Two Former Councilmen By Milt Phillips LAST WEEK WE VISITED with two retiring Seminole city councilmen during a get-together (a surprise retirement party for the honorees) at Mayor and Mrs. Moran’s lovely new home. Councilman S. R. Creekmore, who has served more than a dozen years as a city councilman, and C. R. Johns, retired educator and the first black man to serve on this city’s council, both displayed pride in the growth and development of this City of Seminole. Each took some justifiable pride in the service they had been privileged to render the community as city officials FOR SOME REASON it seems the men and women who serve cities and towns as councilmen or mayors, seldom receive the appreciation they should receive despite the many hours they contribute to the service of the community. Perhaps we do appreciate what our elected city officials do year in and year out. We seldom demonstrate it. Today we say “THANKS” to “Creek” and C. R. for the time and effort they gave Our Town over past years.