The St. Johns herald., 1891-09-17
The Tuning Case Again.

of Prescott, who pulls at the public teat, finds 1t necessary to take uE
 the cudgel of defense on behalf O
 all of his Republican co-eaters oI
 public pap, and in so doing, is will
 ing to prostitute the puny power oI
 his press to the derogation of a pri , vate citizen. In order to cover up
 theutter incompetency ofthe United
 States Attorney, and to screen the
 vindictive spitefulness of S. J. Hawk
 ex-steamboat steved0rc and now
 special agent of the general land
 office, he is willing to cnndemn un-
 heard areputable. respected citizen,
 who is one of the largest tax-pay-
 CTS of this county. and who came to
 this country when the roads were
 trails, and the editor of the Journal
 Miner was eating private pap, out
 of a wooden spoon, possibly in a poOr-house in Kansas.
 Mr. Tuning is charged with per jury, and his ofense is alleged to consist in his having sworn that he had never had the benefit of the United States land laws affecting homesteads, and it is alleged that he proved up on a homestead in New Mexico on the 18th day of March, 1883.
 Mr. Tuning went before the grand jury and importuned it to require the United States Attorney and Hawk to produce the original of the final proof from New Mexico, in- sisting that he could prove by dozen witnesses that his name, if it appeared on said final proof. was a forgery. Hawk and the United States Attorney insisted that they had nothing but certified copy, which of course did not reveal the handwriting on the paper The original papers had been in Pres colt in Hawks possession, and it is believed were there when this state ment was made.
 Mr. Tuning went to New Mexico followed and watched by said Hawk until 2 A. M., at Albuquerque, saw the only two living witnesses to that final proof, the Probate Judge be- tore whom the proof was made, and one witness to the proof, and the former furnished him with a writ ten statement, and the latter with an affidavit to t.le effect (1) That it was not his handwriting on any nf the papers connected with said final proof, and @ that they both knew that he could not have been present at the making of said final proof. because they knew he was in Apache county, and (3) that this man Hawk knew of these facts at least one year ago, as he had been to sec both of these men in the Ot one Donnelly.
 Of course no conviction of Mir. Tuning could be had without the positive evidence of one of these witnesses on the proof of his hand Yet, this special agent, though he had known fora year this could not be had, conceals from this grand jury the original papers, and he, through spite, and the United States Attorney through ignorance, succeed in getting an indictment against Tuning.
 This, We regard, as the most ma lignant and unprovoked outrage ever perpetrated under the guise of the law upon an American citizen, and we unhesitatingly denounce it IS arbitrary oppression.
 The Journal-Miner's statement hat the jury said that Bevans, and consequently, Tuning, were pro- .ected by the statute of limitations. S simple, pure, unadulterated lie, put of whole cloth.
 We believe the editor of the Jour- lal-Miner knew these facts; if he lid, his conduct is inexcusable if .