Heppner gazette. [volume] (Heppner, Morrow County, Or.) 1892-1912, 1903-12-10

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legal right Ola jury, as l have stated to
them, to give full credence to this testi-
mony and to find verdict against the
defendant, but l may say now, with
entire frankness, that l do not think l
can pronounce judgment on such ver-
dict if one should be rendered. l shall
never pronounce judgment in this court
that does not meet the approval of my
conscience. and such judgment would
not.'
Further in his instructions to the jury
the court took occasion to soundly rate
Mr.. Cunningham for his action in this
matter, and for the bad reputation
which he suffered at the hands of his
enemies and friends. He spoke of Cum
nlngham's witnesses testimony, prac-
tically admitting perjury in the cases of
Dalla O'Hara, Glen H. Sailing and Ace
Rayburn. This moved the court to re-
fer to them as shameless characters"
who had sworn falsely to benefit Gun
ningham.
The court also instructed the jury to
take into consideration the character of
the two men, Cunningham and Thom-
son. He spoke with great favor of Mr..
Thomson. but soundly denounced Cum
ningham for the part he had taken in
the affair.
"Ths man Cunningham is an Irish
man. So am l, but he is disgrace to
that race of people and patriots and the
good mother that bore him." said T. 6.
HALEY IN his closing argument for the
defense. He launched forth in most
terrific and forensic Remuneration of
Cunu CHAM aud specror Green, the
pflnc pal Witnesses 1Of tne pfOSeCut'On. .
Judge Fee for the defense sound rated
Cunningham and bis hired men for the
part tnev had taken in the business.
District Attorney Hall had but little
mate al to work on and was compelled
TO make the most of it up. He knew
the case to be hopeless from the begin
n,ng almost, aud he was greativ ds4p-
pointed in The character Of lDe men with
wnom he was dealing, es when befo, e
tn federal g,anu jury there were no
questions concer ning the truth and ve'
acity of Cunningham and his men, as
Mr.. Hall bad left that matter entirely 10
Mr.. Green, the land ins pector. And it
was for this that Green was so tteily
denounced by HALEY and Fee.
During last April Asa B. Thomson, a
prominent farmer of Echo, was, upon
the recommendation of the Oregon dele
gation, appointed receiver of the La
Grande land office. He entered upon
his duties of the office some time in
April. About II or 13 months prior to
bis coming into the Office Dallas O. Hara,
6 Tenn II. Sailing and Ace Ravburn had
made homestead ent les on land in the
vicinity of Echo aud Pilot Rock. These
homestead entries came up for final
oof shortly after Mr.. Thomson went
into office, tr about the 10Th of June,
1903. The application foe final proof,
they being of the Communication class, on
each of these hOmesteads along with
several others on that same date, were
suspended on account Of insu udicient
proof of residence and the homesteaders
were each given 10 davs in which to lie
amended proofs. In the three cases
mentioned no amended pools were
fled
l. ter in the month of July, Cunning
ham saws that Thomson came TO him
and asked $50 quarter for insuring
fina passage on these bomesteads. Gun
ningham says he refused to paw the
money ard subsequently went before
the grand jury VITA the case.
Tat i the case abou' as it stood un
til after the t~ial when, according to the