The Montgomery advertiser., 1904-10-03

have thrown many obstacles in the way, which have required time. patience,
 constant efforts. determination and courage on the part of those having
 charge of the investigation to over
 come They have diligently sought in
 season and out of season!s to thwart the purpose of the investigation and to | control its results favorable to them | selves.
 These dificulties have been success fully met and overcome. The fraudu- lent operations have been carried on chiefly in the States of California and | Oregon, but have not been confined to | those States. In many instances the
 conspirators have reached out Into oth-
 CT States. While only about eighteen
 months have elapsed since the investi- gation was commenced, the practical re- suits thus far attained are both grati- flying and encouraging. They may he
 summed tip as follows: "First-The indictment in February, 1903. fin the District of Columbia of | Frederick 4. Hyde, John A. Benson and Henry P. Dimond of San Francisco,
 Cal. and Joost H. Schneider of Tucson,
 AriS,, under Section $40 of the Revised 1 Statutes. for conspiracy to defraud the
 United States of large quantities of It's public lands. and the indictment, in 1 December, 1909, in the District of Co., | lumbia, of John A. Benson for bribery | of public officials in connection with
 such conspiracy. The leading spirits In
 this conspiracy are Hyde and Benson,
 and their scheme to defraud the Gov
 ernment was of gigantic proportions. Tt involved an attempt to secure
 titles to hundreds of thousands of
 acres of the public lands of the United
 States in the various public land
 States and in the territories of Ari-
 zona and New Mexico, under the pro-
 visions of act of congress approved
 June (. 1897. in exchange for State
 school lands lying within the limits of
 the United States forest reserves es-
 tablished in the States of California
 and Oregon.
 The titles to the school lands were acquired by and on behalf of Hyde
 and Benson. in violation of the laws
 of said States relating to the disposal
 of school lands and in a grossly file
 gal and fraudulent manner by means
 Of false and forged applications, am
 davits and other documents, thereby | rendering such titles false, fraudulent
 and worthless and by making and SC.
 curing to be made false and forged
 relinquishments to the United States
 of such false, fraudulent and worth
 less titles, and by selecting other lands l
 side of forest reserves in exchange for
 the titles thus fraudulently obtained. | and relinquished to the United States. 1 While hundreds of thousands of
 acres of public lands were involved
 In the scheme, only a small portion
 thereof-less than forty thousand
 acres-had been patented at the time
 of the discovery of the fraud by the
 Secretary of Interior.
 I
 further issuing of patents upon the
 section and entries involved was imme- i diately stopped and all such selections
 and entries were suspended. which sus- pension still remains in force. The | government Is therefore in no danger of further loss of its public lands through the said scheme. The
 fraudulent business of the consplrators
 has been completely broken up and there nefarious practices are now at an l end.
 The defendants in these indictments were immediately arrested. one John A. Benson, in the State of New York, two 1 Frederick A. Hyde and Henry P. Dimond. in the State of California, and | the fourth, Joost H. Schneider in the District of Columbia. The last named ! is now held under heavy bail for his | appearance for trial. Proceedings
 under Section 1914 of the revised statutes were at once instituted in the State of California and New York
 to secure the removal of the defendants
 arrested in those States to the District | of Columbia for trial.
 These proceedings have been diligent- | ly prosecuted and in California have
 resulted in decisions by both the United | States District and Circuit Courts of | the Northern District of California,
 sustaining the conspiracy indictment
 and ordering the defendants, Hyde and | Dimond, removed to the District of Columbia for trial. They have appeal ed to the Supreme Court of the United l States and 1t Is the purpose of the gov 1 ernment to secure in that court an ad- vancement of the case on the docket
 and a hearing of the appeals at the | earliest possible date. The defendants are under heavy bail to answer the decision of the Supreme Court of the United States when fInal- | ly rendered. Upon the indictment for | robbery, John A. Benson also has been | held for removal to the District of Co., lumbia for trial md he has appealed to
 the Supreme Court. Upon the conspIr.
 acy indictment, removal proceedings
 are still pending against said Benson in New York"
 The statement then refers to indIct-
 ments found in the State of Oregon against Horace G. Mckinley, Stephen A. D. Puter, Marie l.. Ware. Emma L,
 Watson, Guy Hun. Maude Witt. H Wal
 gamot, Harry c. Barr. Daniel W. Tarp- | ley, Charles Cunningham, Asa E. Hay burn. Dallas OHara Glen Sailing, shei- iy Jones, Mark schaekleford, Kate James and Henry Meldrum.
 Continuing the statement says:
 Tn these prosecutions Charles Gun. ninRham, Asa E. Hayburn, Dallaa O.Iara, Glen 1T. Sailing and Shelly
 Jones have pleaded guilty and sentence has been imposed upon all except o'aara and Jones. The other. cases were set for trial at the May term.
 1904. of the Federal Court of Portland. Ore but owing to the fact that one of
 ina principal witnesses for the govern - yod abaeonded Ghe caaaa had tn