The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-11-07
w. A. Clark Secures De-
cision in Suit Brought
by Government.
OPINION BY COURT
Judge Knowles Attacks the
Testimony of Witness
GrisWold in Case.

Judge Hiram Knowles in the United
States court today handed down a lengthy
oriutoi IN the ease Of the United States
vs.. Senator w. A. Clark The opinion
exoneraics Clark from any blame Of fraud
charged III connection with the purchase
OF \. timber claims III Western Montana.
The complaint oi the United States set
up that the patents to these claims he
set aside upon the ground that fraud had
been committed by the patcnces named in
the patents III procuring the issue of the
same.
II was claimed that these pa,en,ees oh
tanned these patents for timber lands under
the act OF June g. 1873. as amended hy
the act OF August 4, 1909. and after hav-
ing made final proof upon their entries
and having received certificates Of pur-
chase from the proper officers OF the
United States land Office for the districts
III which their several entries were stu
ated. conveyed the same to one Robert
NJ. Cobban who in turn conveyed the
same to MIR Clark
Mr. Clark in his answer claimed to be
an innocent purchaser, and denied any
intent or knowledge Of fraud
In handing down his decision, the court
reciied the fact that Mr. Clark purchased
the lands from Cobban and stated the con-
tention Of the government that the claims
were purchased before a patent had issued.
and that on account of this fact Clark
could not be a bona lidc purchaser and
was chargeablc with notice of certain
frauds alleged to have been committed by
the patentees.
Under the practice OF the land depart
mcnt Of the United States, any allowance
Of entry for patent can be recalled for
sufficient reasons al any time before the
actual issue OF the patent therefor and
the entry OF the applicant cancelled Any
one purchasing from an eniryman who
has received his final certificate OF pur-
chase only purchases such interest in the
land rs the entryman has subject to the
right Of the land department to review its
action aud refuse IL issuc the patent.
This matter was cited as applying 10
Senator Clark. but the court decided to-
day that in the case al bar the land de-
pailment had made no withdrawal Of its
approval Of the right OF the entrymen 20
patent, but ON the contrary issued a
patent 10 each Of them and converted afie
other wise equitable title into a full, legal
title and under the laws of Montana their
OF the defendant. Clark
Tie court cited the rule laid down by
the United States Va. Maxwell Land Grant
company, III u. s. 3as, as 10 evidence
necessary 10 authorize a court 10 SC, aside
patent. This rule was virtually this,
that when in a court Of equity il is pro-
posed 10 sci aside, 10 annu, OF 10 correct
written instrument for fraud or mistake il
The execution Of the instrument itself, the
testimony on which this is done must be
clear, uncqniyocal aud convincing, and that
il cannot be done upon "A bare prepondef-
ancc OF evidence which leaves the issue in
doubt. only the class OF evidence which
commands respect and that amount OF it
which produces conviction, shall make an
attempt TO sci aside successful.
GriswoId's Evidence.
In treating the evidence OF GriswolI
the court said:
"As to witness Griswo1d, who was GER
tainly most willing witness for the COM
planant, the same practice as above was
observed. II does not seem to me that
III considering a ease like this, under the
rule laid down in the Maxwell land grant
case supra, his testimony ought to be
given any weight. According to his own
admissions he had wilfully, deliberately
and corruptly sworn falsely as a witness
for some Of the entrymen and entrywomen
who made proofs in the land office he had
also made an affidavit contradicting his
evidence as to the agreement with Cobban.
which agreement he previously claimed
had authorized him to make contracts for
the purchase of their lands with the en-
trymcn and entryWomen before their final
proof was made In the land Office His
general reputation for honesty and truth
fulness was attacked by respectable wit
nesscs in this court, and he did not sufi-
cietly rebut this evidence, 1t was shown
that he had received money from parties
to suppress evidence regarding illegal cut
ting Of timber upon the public domain. 1t
was also shown that he had received as
snrances from government representatives
that should he furnish testimony as he
had stated, he would be given public em-
ployment.
They Deny It.
"If we are to consider the evidence of
the entrymcn, we find that they positively
deny having made any contract with Cob
ban to convey their land to him.
considering the rule as to evidence
necessary to establish fraud in such cases
as this and the rulings of the courts in
cases cited, am constrained to view that
it is not established that the entrymen and
cntrywomen and Cobban committed the
frauds charged in the bill. For the above
reasons the bill must be dismissed"
The court rendered several minor de-
cisions concerning motions to strike and
denurrers to motions, etc.
Judge Knowles leaves today for Mis-
sorla where he will remain until Nom
| day. when he goes to Helena to open court