The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-13
Inn Awards Against the Defend
suts in the Timber Case.
.or,oms NOT IN GOOD FAITH.


rsehae, NeT9ghe and his associates were
.sr1erday held liable 10 the United States
~~eruuent for cutting timber 10 the value
- = ~ from land whose title stsIl vested
p the government, jury making the
nuned after sevefa! days hearing in Judge
Hnafcrd's court.
criminal conviction for Illegal cutting
- escaped By McTighe In a former trial
n present case Ii an ouigrowih OF the
Aieer-Hawiey cases OF some years back.
- Aker-Hawley combinatiora-in which
n1cretaEy Russell a. Alger was alleged to
heys been inyolvei-purchased timber land
frnu settlers who were charged with hay-
- made their settlements for the purpose
u transferring the property. United
mates authorities brought quit on the
ero,and that the settlements had not been
sA2de I'm good faith and were therefore
yeN After extended litigation. which end
n before the commissioner OF the general
Ind Office, the suit OF the United States
e1eials was sustained and the lands de-
ehfsd vacant.
NfTsghe and associates thereupon settled
rpcn the lands, and began cutting the
fmhef. Again the United States authori-
tee brought suit on the ground OF lack OF
eoo6 faith I'm the settlements. They asked
N. that the defendants be held guilty OF
barge resulted In the exoneration OF the
Attendants.
Suit was then begun on the part OF the
government 10 exact damages from Me-
9sghe and his associates for the amount of
timber cut by them IT was this suit which
Was decided against the defendants by the
Jury today The suit had been In progress
an6e Thursday of last week McTlghe
aad associates represented that they had
compiled with all the government condi-
ttons and had hied their final papers with
the land department. and were awaiting
the receipt OF certificates verifying their
tile. Attorneys ]. a. Kerr and j. n
Carson, who had been with the land de-
partment when the AIger-Hawiey eases
we're tried. represented the dcsense
further claim OF the defense was that
saecsal authorization had been received
from the secretary of the interior 10 cut
timber on the lands In question. Docu-
ments to this effect were submitted during
the trial.
The government prosecution, conducted
by the district attorney. william r. Gay.
rested upon the representation that the
statements Of the defendants upon the
land were not In good faith.
From 10 O'Clock yesterday morning until
nearly o'clock I'm the evening was con-
smed by the jury I'm arriving at a verdict.
Al ; O'clock the body returned for further
Instructions. especially in explanation OF
the charge OF Judge Hanrord. There were
M that time two members of the jury who
could not agree 10 n verdict for damages.
At o'clock the jury returned the YER
dict ~ above cited The damages for &c.
90 wsre upon the basis OF the amount
of timber cut. the value being fixed at 1850
per thousand.
inssmuch as the lands involved in the
Alser. Hawley case and hence I'm the Nc
Tlghe' case are located in three different
counties, namely In SnohomIsh, Skagit and
whatcom counties. the case has eonsidera-
he Importance. 1t also r. likely To add TO
the presidents against settlement OF tim
Der lands and their sale soon after title
has been acquired.