The San Francisco call., 1904-11-23
GREAT FRAUDS
IN LAND DEALS
Prosecution in the Oregon
Cases Says Forgery and
Other Tricks Were Used
BITTER DENUNCIATION
Defense Argues That False
Names Would Make Trans
fers Void, Killing Suits

PORTLAND. Nov. 22.-For nearly
two hours to-day the Federal court lis
tened to the opening addresses of coun-
sci representing the Government and the
defense in the trial of the case of the
United States against Miss Marie l..
Ware, Mrs. Emma L. Watson, S. A. d.
Puter, Horace G.. Mckinley, w. d. Tar
pley, Henry c. Barr, Frank H. Wolga-
mot and others on the charge of con-
spiracy for the purpose of defraudlng
the Government out of public lands.
Hall, for the prosecution, stated that
he. would show that a conspiracy TO
defraud the Government out Of public
lands existed between the defendants;
that it is not necessary to prove that
they knew each other or that they all
entered the conspiracy at the same
time; that it suff1ces to show that they
were all working toward purpose. Re
garding the specific charge against
each of the defendants Hall said:
the prosecution will show that of
these parties Mrs. Emma l.. Watson,
under the name of Emma l.. Porter.
appeared at the Oregon City Land Of
iiNC dHQ a HILLS Ol q bA0NN -
land, representing that she had lived
there. and that she brought evidence
of parties, partly fictitious, and after
making proof was given a patent by
the Government, and that this title
was then conveyed to Mrs. Emma L.
Watson. We will show that Frank
Wolgamot did the same thing and
transferred his title to Mrs. Watson.
Harry Barr did likewise. So far as we
can discover out of sixteen cases the
persons making affidavits were ficti-
tious or knew nothing of the facts of
the case.
I'VE will show that some of these
names were forged and signed by Ma
rie Ware and Horace G. Mckinley
These are not items of immediate mo-
ment or punishable in this trial, but are
evidences of conspiracy.
I'VE will show that the acts of Tar
pley and Mckinley in taking testimony
ard of Putor and Mrs Watson in
working to secure patents all tended
to show conspiracy. We will show
that each assisted in furthering the
plan until conspiracy was consum-
mated.
The defense will fight the case from
several standpoints, but will rely
chiefly upon the statute of limitations
for relief in the court, claiming that
the conspiracy must be shown to ex-
ist beyond a reasonable doubt.
Another thing of note was the
statement made by the defense that if,
as was charged in the Indictment, fic-
titious names had been used and false
aff1davits made these conditions would
make any title granted by the Gov
ernment void and of no effect and if
this was so, no harm had been done,
the Government had not been de-
frauded and consequently there had
been no conspiracy in fact, and
though acts morally wrong might
have been done, no crime had been
committed punishable by the court.
At the conclusion of the opening ar
gument Charles B. Moores, former
Register of the Land Office at Oregon
City. was called to the witness stand
and identified sixteen affldavits filed
in his Office during the year 1900. The
balance of the day was consumed in
an argument regarding the admissi-
bility of these documents. The court
finally ruled that they could be ad-
mitted.