# Looters of the Public Domain/Chapter 10

Chapter X
MAYS was free to admit that the 11-7 case was a dangerous proposition, but insisted that there was nothing to fear, as the statute of limitations had barred all criminal proceedings, and that he would experience little difficulty in quashing the indictment on demurrer. I was at a loss to comprehend why an indictment should have been returned against us in the 11-7 case, unless the prosecution hoped to secure convictions under it and felt sanguine of its validity; but as Mays was so positive that it was fatally defective, he inoculated me with some of his confidence, and I gradually came to believe the cases would ultimately be thrown out of court.
What I most feared in the 11-7 case was that by reason of the fact of ten persons being involved, it was not unlikely that one or more of them might be induced to make a confession, and by standing in with the Government, would secure immunity from punishment in order to save their own scalps. If, however, the status of the case was as Mays predicted, there could be no serious cause for alarm.
Personally, I had no fear whatever as to the outcome of the 24-1 case, as the six entrymen who were supposed to have taken up the claims were purely fictitious; that no one outside of Marie Ware, McKinley and myself were aware of this fact, and as it would be impossible for the Government to produce the original claimants to the land, it was a foregone conclusion that no basis of conspiracy could be established.
In the course of our conference Mays called my attention to a current report that William J. Burns, recognized generally as one of the shredwest detectives in the employ of Uncle Sam, was engaged in searching for evidence against us, and that he was assisted by a large staff of Government Secret Service men, all of whom were experts in their line, and pointed out the necessity of seeing Marie Ware and Horace G. McKinley at once and cautioning them against being interviewed by anybody, particularly with reference to the 24-1 case.
He then instructed me to be in readiness for trial, as the case would undoubtedly proceed at the May term of Court, at which time I would be expected to have my witnesses present.
Miss Ware was represented by Charles A. Hardy and A. C. Woodcock, of Eugene, Oregon, while Horace G. McKinley enlisted the services of Judge Thomas O'Day, of Portland.
Mrs. Emma L. Watson, although one of the defendants, refused absolutely to employ counsel, contending that she was an innocent party, and having nothing to fear, did not propose to squander a penny, as she put it, in attempting to make a defense. If it should develop that she required the services of an attorney, she declared that it was no more than right that Mays and myself should foot the bill, as between us we were entirely responsible for the predicament in which she was placed.
We now found ourselves with only a few weeks' time in which to prepare for the trial of the 24-1 case, as it had been set for May 20, 1904, and believing that the Government's main reliance would be circumstantial evidence in the shape of the testimony of handwriting experts that we had forged the signatures to the title papers in the six claims, we sought to establish a complete defense by the employment of experts to combat this testimony, in much the same manner that a disastrous conflagration is often averted by starting a back fire.
With this object in view, and knowing our innocence so far as forgery was concerned, we spared neither time nor money in our efforts to secure a handwriting expert who possessed not only unusual ability but was also endowed with a high reputation for honesty and integrity. The expenditure of money at this stage of the game meant nothing to us. New York, Chicago, and other cities offered experts, but they did not appeal to us. Daniel T. Ames, of the Cadet Whitaker case, the Fair will case, and numerous cases of national importance, was suggested, but was not secured. Finally, upon the recommendation of a member of Congress, and a high official of the Chicago, Milwaukee & St. Paul Railway Company, both of whom had employed him in different capacities, we secured the services of F. J. Toland, of La Crosse, Wis., a man of national reputation as a penman, and who, while refusing retaining fees in many important cases, had never failed to secure a verdict in favor of his clients.
Mr. Toland's commercial standing—owning at that time a chain of business schools extending through Illinois, Wisconsin and Minnesota, to which he has since added South Dakota and Nebraska—besides his strict veracity and the weight which his clear and logical demonstration carries not only with a jury but with all who have seen and heard him, gave us every reason to congratulate ourselves on the slight difficulty we would experience in overcoming the testimony offered by the so-called experts whom the Government had enlisted through United States Attorney Hall, and who afterwards demonstrated their absolute ignorance of the first principles of expert testimony, their evidence in this respect being considered so notoriously incompetent that it was practically ignored under orders of the Court.
It was at this stage of the game where the wonderful legal sagacity of Francis J. Heney was first made apparent. It has since transpired that Heney suspected Hall from the very moment he had a chance to diagnose the two cases, and uncovered the United States Attorney's miserable subterfuge in playing up the 24-1 case for trial, knowing full well that' it was the weaker of the two, and that there was no possible chance for conviction. Heney recognized Hall's duplicity right away, and discerned in his raw work an attempt to have him beaten in the 24-1 case and either wear out the Government so that he could dismiss the 11-7 case without arousing suspicion, or else try it alone, and cover himself with glory at Heney's expense by convicting us. He probably reasoned that Heney would be called off after losing the initial battle, after the fashion of a disgraced general in warfare, and the fine Italian hand of F. P. Mays would thus become uppermost, and suppress all further land fraud investigation in Oregon. Even after our ​conviction by Hall independent of Heney, what was to prevent us from submitting to a light fine, as was done in the Cunningham case preceding, or else allow the whole thing to gradually go by the board and resolve itself into a seven-days' wonder?
In the Cunningham case alluded to, the defendant, C. W. Cunningham, a wealthy stockraiser of Umatilla county, Oregon, had induced a number of his employes to file homestead entries on a large tract of vacant Government land which was already inclosed in Cunningham's vast sheep pasture. All involved were charged with conspiracy to defraud the Government of its public lands under Section 5440 of the United States Revised Statutes, and upon the day set for trial, while all the witnesses were on hand ready for the case to proceed, much to everybody's surprise, Cunningham personally withdrew his plea of not guilty and substituted therefor a plea of guilty, and a fine of $5,000 was imposed. He had taken this action without the knowledge of his associates, and with a single exception, the latter lost no time in following his example, a fine of $200 being imposed in their cases, which Cunningham agreed to pay. Upon his subsequent refusal to do so, the Court imposed the cost penalty upon him. No jail sentence was given in any instance, and it was the general impression that Cunningham's political prominence had much to do with United States Attorney Hall's recommendations in his case, and not by reason of any mitigating circumstances.
However, Heney not only secured the substitution of the 11-7 case for that of the 24-1, but succeeded in having the cases postponed until Fall, so that after the demurrers were overruled by United States District Judge Bellinger on October 21st. 1904, the 11-7 case was placed on the calendar for trial a month later.
McKinley and I arrived in Portland shortly before November 21, the date set for trial, and were greatly surprised when ve ascertained the new phase of the situation, and that we were to be tried under the 11-7 indictment instead of that covering the 24-1 offense. We were sorely disappointed because we had made all arrangements for going to trial on the latter case, whereas, on account of the limited time, we were in no position to prepare a satisfactory defense in the 11-7 case.
However, we lost no time in making the best of a bad bargain, and I personally rounded up as many of the original ten entrymen in the township as I could find, and succeeded in holding conferences with Marie Ware, Thomas R. Wilson, Frank H. Walgamot, and Mrs. Watson. The others had either left the country or were beyond our control.
When I talked with Mrs. Watson, she assured me that she had not been approached by anyone during the summer months, so I knew that so far as she was concerned the Government sleuths had obtained nothing. I also advised her of the Government's change of front in switching from the 24-1 case to that of the 11-7, in which she was indicted jointly with Marie Ware, Horace G. McKinley. Dan W. Tarpley and myself, together with some of the other entrymen, and told her that although she had located the claim under the name of Emma Porter, and an indictment had been returned against her for conspiracy, I was informed by my attorney, Mr. Mays, that there was no possible chance of conviction on account of the intervention of the statute of limitation. She was likewise admonished by me to stand pat and decline to be interviewed, all of which she agreed to.
Calling upon Marie Ware, I was somewhat annoyed to ascertain that she had been hounded by Secret Service men all through the summer, and that in the course of a visit with friends at Spokane, Wash., she became acquainted with a dashy sort of a fellow who represented himself as a mining man, and who had paid her devoted attention during her stay there.
"I suspected from the first that all was not right," declared Miss Ware in describing her experiences, "as he spared no expense in my entertainment, taking me to theatres and other places of amusement as often as the opportunity ​presented itself, and never failing, upon these occasions to invite me to indulge in some sumptuous repast afterwards, which I always accepted, as the dinners to which he treated me were of the swellest character. Nothing, in fact, was too good for me, and it afforded me a great deal of pleasure to 'blow' him, as I did not care particularly for him, and was indifferent how much money he might squander on me.
"After remaining in Spokane about a month, I returned to my home at Eugene, Oregon, and had only been back a few days when I was much surprised to receive a call from my new-found friend. He was aware, of course, of my intended departure, but gave me no intimation that he would follow me home. He lost no time in stating that he desired to see me in regard to an important matter, and requested that I join him that evening at the hotel, where we could enjoy a nice dinner together.
"I became convinced then that something was up, but just what the nature of his mission was I could not clearly fathom, although I surmised that he was connected in some way with the Government Secret Service, and was endeavoring to cultivate me with a view of securing a confession of some sort that could be used against us at the approaching trials. At all events, I had perfect confidence in my ability to withstand his inquisitions, hence did not feel the least bit of hesitancy in continuing the round of pleasure he was affording me."
"So you called at the hotel to see him, then?" I inquired.
"Certainly not!" responded Marie with some dignity. "I guess I have lucid intervals. I simply replied, acknowledging receipt of his message, and stated that I would be pleased to dine with him at the hotel, but that it would be necessary for him to call for me at my home. This he did, and that evening, after dinner, I entertained the gentleman by showing him some of the local points of interest, after which he accompanied me to my residence, where he left me and returned to his hotel, without making any mention whatever of the 'important matter' he wished to see me about. As I did not deem it wise to broach the subject, I was forced to remain in ignorance temporarily of his intentions.
"When he called the next day, in response to my permission to do so, he had not been with me long before matters assumed a very serous aspect. After reviewing our short acquaintance, which he declared had constituted the very salad of his existence, he went on to explain how his feeling for me had ripened into a perfect torrent of love, and that life without me would become as bleak and dreary to him as the desert of Sahara. It was really pathetic, this story of unrequited affection, and I was deeply touched because of his ardent revelations.
"He then went on to explain about his big mining deals: how he represented some of the greatest financiers of the country in the purchase of mining properties, and which position enabled him to secure holdings of great personal value in his own name. He also told me of deals which he expected to consummate in the near future, after which he would probably be called upon to make a flying trip to Australia.
"'How delightfully sublime it would be,' he continued in the rapture of his passionate outburst, 'if you could only accompany me,' and then, as an evidence of good faith, he continued: 'li you will go, your every desire in life will be guaranteed!' and he became so enthusiastic at this point that I experienced great difficulty in keeping him within bounds.
"I endeavored to reason that it was all so sudden; that I had never thought of such a thing, and that he must give me time to think the matter over.
"'Now, Miss Ware—my darling Marie!' he continued in his ecstacy, 'if you will consent to my plan, I will, before our departure—even now, if you insist upon it, transfer one of the mines over to you which I contemplate purchasing. There is one,' he continued, 'which I have fully decided to buy, but do not wish to be known personally in the transaction, and if you so desire I shall have it deeded direct to you.'
​"I assured him that it was a generous act on his part, and that I appreciated his kindness very much. As to going with him to Australia, however, I insisted that he should give me more time in which to consider the proposition.
"After this modern knight errant had taken his departure, I experienced great difficulty in bringing myself to a realization that I had not been dreaming. My heart was all a-flutter, to put it mildly, and it is simply impossible for me to describe my emotions. I was thoroughly convinced that he was endeavoring to ensnare me in some kind of a trap, the nature of which was beyond my comprehension. He was to call again that evening, however, so all I could do was await developments. In the meantime I commenced to make preparations for a trip to Hot Springs, on the Santiam, which I had had in mind since my return from Spokane.
"When he called again that evening, I referred to my contemplated visit to Hot Springs, and he asked permission to accompany me there. This I declined to grant, stating that I did not consider it at all proper. He insisted very urgently, but still I refused to give my consent. After remaining the greater portion of the evening, he informed me that he would probably go on to Portland, and would expect to hear from me with extreme regularity, gaining a promise from me that I would write as often as possible.
"I had been at the Hot Springs but two days when my new flame put in an appearance. 'Just couldn't bear the thought of remaining away from you,was the excuse he gave. 'Besides,' he continued, 'the mining deal concerning which we talked, will be in readiness for consummation by the time we can reach Portland, and I want you to go there with me."
"I insisted that it would be necessary for me to return home before making the trip, but would meet him in Portland at a given time, and under that arrangement we parted company.
"When I arrived in Portland, I stopped at the Oxford Hotel, on Sixth street, and the day following my friend came there also and engaged a room. I did not quite fancy the idea of his putting up at the same place with me, but what could I do under the circumstances?
"From that time on it was another continuous round of pleasure, and not to be in the slightest degree selfish in the matter, I invited my sister to share my enjoyment. In fact, I 'worked' him to the queen's taste, to put it mildly, and it would probably stagger the imagination to know how much money he squandered with his lavish attentions. We had moonlight auto rides galore and the whole world seemed to be a sphere of everlasting happiness. We attended the theatre every evening, and invariably wound up with an elaborate spread at some swell cafe, until I began to think that I must have been 'a-dreamin' sure enough.
"About the fourth or fifth day—I say 'about' advisedly, because I took no account of the flight of time—my mining friend came to me one afternoon and after handing me a document, announced that it only required my signature to make me the proud possessor of one of the most valuable mining properties in the United States. Gee! but wasn't I on pins and needles! I could hardly restrain myself, and when he stated that in order to have everything regular it would be necessary for me to accompany him to a certain bank, where he would pay over the balance due on the option of purchase, and where my signature could be witnessed, I readily gave my consent, as I had made a careful examination of the document in the meanwhile, and could find nothing objectionable therein.
We then started for the bank, but somehow or other I became suspicious that all was not right, and determined to make sure of my position before signing any papers. So I stopped my friend on the street and told him that, while I had every confidence in his integrity, I considered it advisable to consult with my attorney. Judge Thomas O'Day, before taking further action. He demurred to this proposition and assumed a highly indignant attitude, declaring that he did not wish to acquaint outsiders with the nature of our relations, and insisting that everything was perfectly straight.
As Miss Ware had made no mention of the gentleman's name up to this time, I asked her to enlighten me on the subject, in order that I might seek to establish his identity. This she hesitated to do for fear that publicity might be brought upon her in case the affair should get to the attention of the newspapers in any way. She insisted that he had treated her with uniform courtesy throughout their brief acquaintance, and outside of his proposal for her to accompany him to Australia, his conduct had been surrounded with the utmost propriety. Even the proposed trip to Australia, she said, was within the bounds of dignity, as she understood him to mean that they should become man and wife before making the start, but the general public might not condescend to look at it in that light. "My actions throughout," continued Marie, "were strictly proper, although I confess that I was not altogether prudent at times."
Upon my assurance that I would not permit the matter to obtain publicity—for the time being, at least—she finally consented to give me the name of her quondam friend by stating that it was Douglas W. Doyle. I proceeded at once to make inquiry concerning Mr. Doyle, but could make little headway, as nobody appeared to know him. A few days later Miss Ware called me up by 'phone and asked me if I had ascertained anything about him. In reply to my negative response, she stated that she had, and requested me to call immediately, which I did.
From an authentic source, she had learned that Doyle was in the Government Secret Service, and that Uncle Sam had footed all the bills for her lavish entertainment, which had been instigated by William J. Burns, who had set Doyle after her with a view of captivating her and using this influence as a key to unlock the secrets in her possession. Aside from this information, she was unable to tell me anything further, so I concluded to take up the chase on my own account. After locating my man, I trailed him for some time personally, later employing a private detective to do the work for me.
Investigation resulted in our becoming familiar with his habits, and it was not long before he had made some new and very genial acquaintances. Heretofore he had played the part of an entertainer. Now he was being entertained to a finish, and so aptly had the trap been laid, and the bait so enticingly prepared, that he soon fell prey to the winning smiles that were showered upon him in such lavish profusion. There was nothing too rich for his blood, and we plied him with bubble water until further orders, with the result that in the heat of one of his most frenzied debauches he gave the whole snap away—told us everything relative to his affair with Marie excepting the wind-up, and we were already posted about it. He was too vain and conceited to admit defeat at the hands of a clever woman, notwithstanding the old adage of "in vino Veritas;" but in every other respect he canvassed the situation with the highest degree of accuracy.
As a fitting climax to this most remarkable piece of work, he declared that he was still possessed of the document, which, after being signed by her, he intended to convert into damaging evidence. In other words, he explained that the papers purporting to be a transfer of mining property had been prepared in such a manner that the last page contained no writing whatsoever with the exception of the notarial acknowledgment, and it was his intention to attach this to a typewritten confession, which he would prepare at his leisure.
We were all astounded at the man's revelations, but pretended to be highly entertained by the portrayal, evincing no concern beyond a desire to accord him unlimited praise for his display of ingenuity. After a few more bottles, Mr. Doyle reached a stage of innocuous desuetude, and his entertainers gradually faded away, leaving him as one "who treads alone some banquet hall deserted," covered with glory and stray champagne corks that had seen better days.
​The next day I called upon Miss Ware and acquainted her with the result of my investigations. She evinced little surprise, remarking that Doyle's story simply confirmed her first impressions of the man, and it was obvious to me, judging from the correctness of her diagnosis of his case, that a woman's intuition is an element that must always be reckoned with.
We were considerably surprised to learn later, as were also those familiar with Doyle's meteoric career, that he was unceremoniously relieved from duty—or "bounced," to use a rough expression—at the request of his superior officer. It was really too bad that a person of his brilliant attainments should meet such a discouraging reward, but of such is the kingdom of fate, and it is a notorious fact that republics are ungrateful!
No sooner had the Doyle episode become a closed incident, than Miss Ware became the center of attraction for the entire Secret Service Department of the Government. She received numerous visits from strange men who had suddenly developed a quickening of the pulse over her manifold charms, among the number being George Burns, son of the man who has become famous the world over for his sleuthful tactics. Young Burns played the devoted lover act for all it was worth, and then retired, after a week's effort, a sadder, if not a wiser, man, having signally failed in his attempts to secure anything like a confession from Marie.
His father, William J. Burns, then assumed personal charge of the case, and to him may be given the credit of securing an admission from Miss Ware that frauds had been perpetrated. She offered to make a complete confession upon conditions which made it impossible for Burns to accept. She agreed to reveal to him every detail connected with the fraudulent transactions, of which she had personal knowledge, provided, however, that he should give her a written stipulation from Judge Bellinger that immunity from punishment should be granted to Horace G. McKinley, with whom she had long been in love, and whom she expected to marry as soon as he could obtain a divorce from his wife. Although a personal friend of mine, she demanded no reservation in my behalf, but she insisted to the last that McKinley should not be prosecuted. Mr. Burns, of course, declined to entertain Miss Ware's proposition, as he was after both McKinley and myself, and his heart was set on convicting us both, which Heney succeeded in doing, notwithstanding Marie's refusal to make a confession.
After my interview with her I telephoned for Dan W. Tarpley to come down from Salem for the purpose of conferring with me relative to the situation, he being one of our chief lieutenants. In discussing the matter with "Lookout Dan," as we called him, I received information that William J. Burns had a regular army of Secret Service men in the field, and that he had personally directed the investigations that had been made during the summer months, and which were still being conducted at that time.
Tarpley likewise told me that Burns had brought out civil engineers from the General Land Office at Washington, D. C., who had surveyed each quarter section of land involved in the frauds in Township 11-7, and who had also taken various photographs of the topography of each claim, in order to show the utter impossibility of any portion of them ever having been cultivated, as set forth in the different final proofs. This information Tarpley gained from confederates at Detroit, Ore., the nearest town to the 11-7 claims.
He also learned that Burns' men had been "sweating" Robert B. Montague, deputy county clerk of Linn county, Ore., before whom six of the ten entrymen had filed and made final proof, and in addition had interviewed Dr. Frank H. Walgamot, of Portland, and Thomas R. Wilson, of Salem, both of whom were 11-7 entrymen. Tarpley stated that he was in no position to give me the result of these interviews, and advised me to call on the gentlemen named and learn the facts from them.
while he was newsboy on the Southern Pacific railroad, running from Portland, Ore., to Dunsmuir, Cal. At the time of his interview with Colonel A. R. Greene, Special Inspector, Department of the Interior, Wilson was chief clerk in the office of the Warden of the State penitentiary at Salem.
Wilson told me that he had become cognizant of the fact that Greene was looking for him through conductors and brakemen with whom he was formerly employed, and his first impulse was to leave the country, as he fancied an indictment had been returned against him for his participation in the 11-7 frauds. On second thought, however, he resolved to stay and face the music, as he was holding a good position, and moreover had concluded that the case would not amount to much.
In a few days Warden James called at his room and informed him that a man named Greene wished to see him down in the office. The feelings of ^ll?on can better be imagined than described when he received this startling intelligence, as all the courage he had been storing up for the occasion seemed to have deserted him in a hurry. In desperation he seized a flask of whisky near at hand and partook copiously of its contents, and thus braced up, he followed the Warden downstairs and was ushered into the presence of Colonel Greene.
The latter focussed his eagle eye upon the young man, and then began his inquisition, while a stenographer proceeded to take down the questions and answers.
"What is your true name?" inquired the Government inspector.
"Thomas R. Wilson," came the ready response. ​"Have you ever worked for the Southern Pacific railroad?" continued the Colonel.
"I have," softly murmured Wilson.
"Did you ever locate a homestead claim in Township 11 S., Range 7 E., Willamette Meridian?" the Inspector went on, in monosyllable tones.
"No sir, I never did," came the innocent response.
"Are you acquainted with that township, or do you know any person who has ever filed a claim therein?" "No, sir."
"That's very strange," mused the Colonel, thoughtfully. "I notice that you are lame, and such a person has been described to me as the one who took up a claim in 11-7 under the name of Joseph Wilson." "Can't help that," replied Wilson; "it must be some mistake."
Greene then asked him to write his full name, which he did in his natural hand, as also the name of Thomas Wilkins. The Government officer thereupon handed Wilson some documents bearing the signatures of "Joseph Wilson" and "Thomas Wilkins," both of which Wilson recognized immediately as having been written by himself. While still holding the original documents in his hand, he was asked if he did not think they were written by one and the same person. After examining the signatures closely, as if to convey the impression that he was desirous of passing judgment upon them from the standpoint of a handwriting expert, Wilson raised his head, and without batting an eye, replied:
"Most undoubtedly, they were written by the same person!"
The Inspector next requested him to write some other names, besides a few capital letters, so taking the prison register from the desk, he did as desired in his natural hand.
In telling me about it, Wilson declared that the statement he had made to Col. Greene that the names of Joseph Wilson and Thomas Wilkins were written by the same person, was the only truth he expressed in the course of the whole interview, because he was well aware of the fact that both signatures had been written by himself.
"The interview," continued Wilson, "lasted fully an hour, and was concluded by Col. Greene handing me the typewritten transcript of my testimony from the stenographer's notes, which he asked me to read, and if found to be correct, to attach my signature thereto. This I did in my natural hand.
"Returning to my room, I felt greatly relieved to think that the ordeal was over, though sore at heart, and with anything but a guiltless conscience. The very thought of having to sit there all that time, in the presence of the Warden, a man for whom I entertain the highest regard, and whom I believe has unbounded confidence in me, and to make those false answers to Greene's questions, was more than I could stand. It was a frightful experience, and completely shattered my nerves and unfitted me for business; so I took another swig at the bottle, which filled me with a sort of 'Dutch courage,' and called down stairs to the Warden, complaining of not feeling well, and requested permission to be relieved from duty for the balance of the afternoon, to which Warden James assented.
"Some days later Col. Greene called upon me again, this time to inform me that he had had an interview with Frank H. Walgamot. of Portland, one of the entrymen in Township 11-7, who claimed to be acquainted with me, and it was desired that I should accompany Cot. Greene to Portland in the effort to establish any identity that might exist. I realized right off that Walgamot would recognize in me the person who located one of the claims, but I had no other alternative than to pretend to be exceedingly glad of an opportunity for straightening the matter out, and consented to go with him to Portland.
"While waiting for the train at the Salem depot, I managed to communicate with 'Lookout Dan' over the 'phone in Portland, apprising him of my predicament. Tarpley advised me not to worry, as he would see Walgamot before we could get there and coach him how to act. ​"Upon our arrival, we proceeded to Walgamot's dental parlors, and after waiting- in the reception room a short time, the Doctor came in, and was immediately asked by Col. Greene if he had ever seen me before. Walgamot scanned me closely and then unhesitatingly replied in the negative.
"'Then,' said Col. Greene, 'this is not the Joseph Wilson who took up a homestead claim with you in 11-7?' "'Decidedly not!' was Walgamot's answer.
"The dentist then pretended to evince curiosity, as if greatly surprised at the resemblance, and remarked that it was a very strange coincidence; that the Wilson he knew was about my size and complexion, was maimed, like myself, and in the same limb, too, and that we walked alike and resembled each other in every respect with the exception of our facial expressions.
"There was no doubt about that, because I looked more like a ghost than a human being while all this torture was in progress. At all events, it seemed to settle the question in the mind of Col. Greene, so he thanked me very profusely for my trouble in coming with him, and expressed the hope that I had not been greatly inconvenienced. At that I assumed fresh courage, and assured him with a patronizing air that I was only too glad of an opportunity for aiding him in clearing up the apparent 'mystery,' whereupon we parted company."
After relating his story to me, Wilson volunteered the information that I had nothing to fear so far as he was concerned. He seemed to feel great confidence in himself because of his ability to throw Col. Greene off the scent, and his estimate of the latter as a detective was not of a flattering character. Wilson often referred to the Inspector as a "mummy," and expressed the opinion that if the entire Secret Service Department of the Government were all like him, there would be nothing to fear.
Meeting "Lookout Dan" again, I complimented him upon the highly satisfactory manner in which he had handled the matter. Tarpley did not consider that much credit should attach to himself, declaring that Walgamot was only too glad of a chance to protect Wilson, and incidentally deceive Col. Greene. He claimed that Wilson's promptness in 'phoning to him from Salem was what saved the day, although Walgamot had exercised masterful diplomacy by his answers to the Inspector's inquiries.
The subject of William J. Burns then came up for discussion between Tarpley and myself, "Lookout Dan" urging that I seek an interview with the famous Government sleuth; in short, "beard the lion in his den—the Douglas in his hall." While I was not particularly infatuated with this idea, still it appealed to me as a wise suggestion, and I decided to adopt it.
Finding Burns, though, was like looking for a needle in a haystack, and I realized before many days that he was about the hardest man to trail I had ever encountered. True, upon several occasions I caught glimpses of his coattails disappearing around corners, but that was the nearest approach I ever came to meeting him face to face.
"Lookout Dan" thought it would do no harm, even if it could do no good, to cultivate Burns with a view of feeling his pulse, but I was not in the same class with him as a sprinter, and whatever acquaintance we made was after my conviction.
As the date for the trial approached, McKinley, Tarpley and myself held a council of war with the object of canvassing the situation. We came to the conclusion that everything possible had been done in the way of preparation for our defense, as we had surveyors on the ground as witnesses who had previously made an examination of the township, and who were in a position to testify that the character of the land was such as to preclude anyone from making a statement that the improvements we had vouched for did not exist, as the township was so densely covered with underbrush and timber that it would be an utter impossibility to notice a cabin within a hundred feet of the line.
We also had witnesses who had been in the employ of the Government's engineers and photographers at the time they had investigated the status of the ​claims in 11-7, and they were prepared to testify that the Government surveyors had seldom, if ever, deviated from the section lines, consequently a cabin could have been within a stone's throw of them without their seeing it.
We knew, as a matter of fact, that homesteaders rarely placed their improvements in close proximity to any section line, for the simple reason that by doing so they would attract the attention of anyone seeking a chance to inaugurate a contest, especially if, as was generally the case, the improvements did not meet the requirements of the homestead law. As a matter of fact, homesteaders in a community are naturally clannish, and stand together in the matter of proof, so that one will be witness for the other in proving up, and vice versa.
We had also arranged to have witnesses on hand from Detroit, Ore., the nearest point of civilization to township 11-7, who were willing to testify that they had seen the entrymen going to and fro at various times, and in addition to all this, we depended a great deal upon Special Agent C. E. Loomis, of the General Land Office, and Captain S. B. Ormsby, Superintendent of the Cascade Forest Reserve, both of whom had been appointed by the Government to investigate the validity of our claims in 11-7, and who had been well paid by us long before to make favorable reports thereon. We figured that because of having made these garbled reports, they would necessarily have to stand by us for their own protection as well as ours, but in this we reckoned without our host again, as Heney and Burns not only forced confessions out of them, but the Federal Grand Jury of Oregon has since indicted them for this and other offenses, and both officials lost their jobs besides.
With all our witnesses on hand, about 24 in number, including Professor F. J. Toland, the distinguished handwriting expert, we concluded that our preparation for the great legal battle had been carefully planned, and because of our fortified position, we anticipated nothing but victory.