Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1854-05-31
THE GRAND RIVER TIMES.
GRAND HAVEN, MICHIGAN:
WEDNESDAY EVENING. MAY 81, 1854


Court, at Detroit. At our latest advices there
had been two trials. one in the case Of William
Thompson, Of this county, the other in the case
of Erastus Potter, of Manistee. In both the
jury rendered verdict of guilty, and assessed
the value of the timber in the former case at
$40, and in the latter at $83. The statute fixes
the damages at three times these amounts, max
ing the judgment against Thompson $l2O and
costs, and that against Potter $249 and costs.
A motion in arrest of judgment was made by l..
Patterson, Esq, Attorney for Thompson, for
various reasons assigned. In Potters case a
motion for new trial was made.
In the case against Peter Dalton there was a
motion for continuance, on the ground that a
witness for defendant was unable to attend court
from sickness This was second application
for continuance, and as it appeared that no dill
gence in procuring witnesses had been used, and
as from defendants own showing it appeared
that his defence required survey, and no such
step had been taken, the motion was denied
We observe that facts have been brought to
light, during the proceedings, that have called
out severe censure from portion of the press
upon Mr.. Willard and others concerned in the
timber operations. In late number of the
Detroit Inquirer, are published the affidavits pre-
scented in an application for continuance in the
case against Edmund Garfield and others, going
to show that Willard had settled with the de-
PENDANTS, received from them large amount of
money, and as part of the agreement had
promised immunity from the prosecution now
had against them. These afiidavits furnish the
grounds for the most serious charges against
the timber agent, but they are too lengthy for
publication in our paper. We have as yet, how
ever, had only one sided view of the matter,
and shall, consequently, withhold our opinion
until we hear what may be said both pro and
con.
Below we give statement of the charge of
the Judge in the case Of Potter which touches
upon some points of interest:
UNITED STATES VS.. ERAsTUs POTTER In
Lands-The charge fthe Court comprehend
ton Of the Act Of Congress OF March I'd, 1851.
lst. That the offence charged was INSIDE
meanor created by the Statute, and unknown
to the Common Law. That the design was to
protect the National Domain from depreciation,
and preserve from destruction its valuable tim
Der. That the Statute embraced both the ac-
ton for damages, and the process by indictment,
and that the Government could elect either or
both, at its option.
3D. That an Indictment for cutting and re-
moving timber from the National Domain, the
entry of the premises described at the Land
Office, either by the defendant or any other
person, subsequent 10 the alleged trespass, would
constitute no defence on the issue.
3d. Testimony that the defendant was in the
employment of Mr.. Neal, who was the owner
of the contiguous and adjoining uncutivated
and unsettled land to that laid in the Indictment,
and that the defendant and his employer mis-
took the Government land for the land of Mr..
Neal, and the alleged act Of trespass was by
mistake, and through ignorance Of the section
lines and not by design, constituted a perfect
defense. The Act Of Congress contemplates
the punishment of the guilty, and not of the in
nocent.
4th Proof that the logs were removed after
the cutting from other lands than those desert
bed, was good defense to the Courts for re-
moval.
5th Proof that the defendant cut the timber
on the government lands, his being an agent or
servant, or an employee of another person, is no
defense; unless accompanied by further proof,
that the defendant at The time, acting under a
mistake as to the ownership of the premises,
and from the circumstances, had good reason to
believe that they were, in fact, the premises of
his employer.
9Th The value Of the trees, to be their value
growing on the land at the time.