The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-02-14
THE STONE CASE.
The Jury Bring in a Verdict o.
Not Guilty.
Judge Beatty COnstrues the Timber Lew-The
Defendant Congratulated by Court and
Embellishments Dismissed.

BOISE, Ida, Feb. 13.-ISpecial telegram
to The HERALD. THE court room was
crowded this morning to hear the conclu-
sion of the argument in the Stone timber
cutting case After the argument, Judge
Beatty gave lengthy charge TO the jury
in which he defined clearly the rights of
settlers on timber lands The charge in
full will be published, as the points in
volved are of vital Importance to timber
men in the entire northwest. He ruled
that it was not necessary for the p1osecu-
ton to show that defendant both cut and
removed timber, but if he did either and
was shown that said act was unlawful,
he must be held guilty. The question was
not so much whether settlers acted in
good faith when they took up lands as
whether their acts were such as to JUS
tify the defendant in believing they
were acting in good faith. As to
settlers the law does not require that they
shall use all the timber they cut, but if in
the process of clearing land tin Der is
cut the law is not so unreasonable as to
require them to burn, but they may sell,
and such selling is not unlawful. Had set
| tiers abandoned claims after selling TIMBER
| the purchaser of such was not guilty of
| crime, as he is not responsible for the acts
of claimants. as he had no means of know
ing what their intentions were except by
| their acts. The question, in brief, was
whether settlers were justified in cutting
timber and whether defendant was justi-
! fed in believing they were complying with
! the law. The charge was viewed as favor
able to the defense. The jury retired
and in precisely eight minutes returned
with verdict of acquittal for Mr.. Stone
The verdict is viewed here with every evil
denoe of popular favor. Mr.. Stone received
the congratulations of the entire bar and
| Jury, together with Prosecuting Attorney
| Wood and Judge Beatty. The verdict was
what your correspondent predicted some
DAYS ago. Mr.. Stone, though much wearied
with the cares of this unrighteous prosecu-
aIon and loss of sleep, is cheerful and has q
kind word and smile for even his persecu-
tors Judges Hogan and Mcbride and
counsel for defense gained many eulogies
for their brilliant and mastery defence
Timber Agent Haley is much cast down
over the defeat Of his schemes. His course
in making fourteen indictments of poor
settlers, dragging them from their
homes and causing them trouble when he
admitted he had made personal examina
ton of but two, is spoken of in the most
severe terms. He came into court this
morning and apologized for his insult tC
Judge Mcbride yesterday and was severely
reprimanded by the presiding judge. His
conduct will be laid before the interior de-
prrtment.
Stones acquittal brings relief to man,
settlers. They can now go on and improve
farms. judge Beatty ordered the remainins
five indictments against timber trespasser!
to be dismissed. This is the end of a mos
infamous persecution of an innocent aut
worthy man aud the outcome will oe
warning to government agents who seel
to make trouble for the hardy frontiersmel
of our country.