Los Angeles herald., 1891-04-16
THE COURTS.
THE TRIAL OF THE KAwEAH COL
ONISTS RESUMED. ~
Proceedings Yesterday in the State Su-
prems Court-News Notes of Actions
in the Superior Courts.

O'CLOCK DeIOre JuuSe hOSS anu Jury In
the United States district court. B.
Freese was recalled to testify that the
trees were worth at least two dollars
apiece, as alleged, and upon this testi-
mony being given the government rested
its case.
Henry G. Dillon, defendants attorney,
then moved the court to instruct the
jury to find for the defendants upon the
case as submitted by the prosecution.
After argument, the court, without pref
udice, denied the motion.
By this time the court room was again
crowded to its fullest capacity, many
well known Los Angeles citizens being
present.
John Zobrist was the first witness
called by the defense. He testified that
he was an American. citizen, farmer
and hadS been resident of Tuiare
county for ten years. That in May,
1888, he settled upon section 10, intend
ing to make his home there; thati it was
inaccessible without road; that he
joined with the colonists, who cooper
ated in building such road; that at this
time he posted notice on the claim,
and laid the foundations at his cabin,
surveyed line for the purpose of bring
trail through the heavy under brush,
so as to reach it with pack mules; that
in the following month he went to the
land office at Visalia and attempted to
file on the land, but that the register
refused to allow him to do 80, claiming
that it had been suspended by the COM
missioners in 1882.
This is the vital law point OF the case:
as to whether the commissioner had
any legal power to abrogate an act of
congress and close the land to entry.
The defense claims that he has not;
that if he had, any railroad monopoly
could, by the purchase of any one COM
missioner, close all the public lands
from entry and sale, and thus, by limit
ing the market, make it impossible for
q citizen to acquire q home, except
through purchase of lands from them.
Zobrist further testified that he had
finally finished his cabin, set out grape
vines, peas, beans, strawberries, walnut
and chestnut trees, and had lived on
the claim continuously enough to COM
ply with the law. That he gave de-
fendants permission and instruction to
clear off enough timber on his claim to
make improvements, about $4,000 feet
at most, and to use some of it for the
improvement of the adjacent home
steads of their partners who had no
timber on their own claims.
He specifically stated that the claim
had but little timber upon it, and was
chiefly valuable for agricultural pur-
poses.
Irwin Barnard, who had been SUBJ
penaed by the prosecution, was the next
witness.
He testified to the effect that he was
in charge of the mill; that from July
18th to September 3Oth, the dates
named, the mill had cut only
$1,000 to $4,000 feet altogether; that
much of this was cut from section 3,
and very little from Zobrist's section 10;
that nearly 5000 feet was used for inn
provements on Zobrist's claim and for
his benefit; that the average cut of the
mill during this time was less than 200
feet per day; that the mill would not
cut a log larger than twenty-eight
inches, as it was an experimental one,
and cost only fifty dollars.
This statement created general SEN
sation, as it negatived the impression
that the defendants had been exploiting
the forest on a large scale for profit, as
lumber thieves.
Mr.. Barnard fully corroborated Zobrist
as to the notoriety cf his claim, his i'm
provements, his good faith and the
agricultural character of the land.
F. w. Bishop and John Knuckey, also
subpenaed by the prosecution but not
called to the stand, were also corrobor-
ative.s
H. I. Taylor, one of the defendants,
was then called and corroborated the
previous witnesses. He detailed a con-
versation with Caldwell, wherein he in
formed him of Zobrist's claim. He was
going on to tell something that Caldwell
had told him about compensation for
lection from Mr.. Cole barred it out.
The next witness was the defendant.
Burnett G.. Haskell. He testified that
he was a citizen of the United States,
aged 33, and by occupation an attorney
and farmer. He resided at Kaweah and
was homestead claimant outside the
reservation. He was attorney for Zobrist
and had advised his steps. He knew of
the attempted filing and actual settle
ment of Zobrist. He knew the topo-
graphv of the cafion that road was
necessary improvement to every claim;
that not a stick of the lumber cut on
Zobrist's claim had ever been exported
and sold, but that if any had been taken
at all, it had been for the purpose of
building on adjacent bona fide settlers
claims. He introduced in evidence
series Of photographs showing the topo-
graphy OF the country and explained the
system of cooperation adopted.
On cross-examination the witness
was asked whether or not, as a lawyer,
he knew the land laws; and on his re-
plying that he did, the United States
district attorney piled him with ques-
tions relative to them, which were an
swered in manner that left no doubt
as to his legal knowledge in the minds
of his auditors.
At the close OF his testimony the de-
tense rested, and an adjournment was
taken until this morning, when the
matter will be argued. The case will
probably 60 to the jury in the afternoon.
THE SUPREME COURT.
The supreme court was in session all
day yesterday, Chief Justice Beatty and
Justices Mcfarland, Harrison, Pater-
son and DeHaven sitting in bank.
Upon motion of Waldo M. York and
presentation of license from the supreme
court of the District OF Columbia, How
ard Merriam was admitted to practice
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