Daily capital journal. (Salem, Oregon) 1903-1919, 1904-12-05
LAND
FRAUD
CASES
Wnl Go to the Jury Tonight.
Summary of
Trial

Portland, Dec. 5.--The argument by
the defense in the land fraud cases this
morning was opened by l.. +. Puter, of
Eureka, California, a brother of one
of the defendants, and was followed by
Judge 0'Day, who in turn will be fol
lowed by Prosecutor Heney in the clos
ing argument for the prosecution. The
case viii go to the jury tomorrow fore
noon
The Oregonian prints this summary:
The conspiracy case of the United
States Of America against Emma L.
Watson, s. A. d. Puter, Marie l.. Ware,
Horace g. Mckinley, d. w. Tarpley,
Frank IL. Walgamot, ct al has been
tried, the testimony is all in, and Dis
triet Attorney John II. Hall has made
his statement to the jury. For 12 days
the attorneys on both sides have been
struggling, one on the one hand for con
viction, on the other for acquittal. The
evidence has been damaging for the de.
fense. Frank II. Walgamot has sick.
eBed of the strain, and has, at the last
moment, changed his plea of "not gull
ay" TO that of "guilty," to the una
vOidable prejudice of the chances Of
she parties defendant. At the request
Of Special Prosecutor Francis J. Heney,
Miss Ware will be recommended for ac-
4uSttal by the court when the charge
TO the jury is given, on the ground that
she had not been sufficiently identified
with the conspiracy in the present case
The 0ther defendants are waiting for
the argument of Judge Thomas O'Day
IN their behalf, the answer by SIR.
Heney and the charge to the jury, all
of which is expected to have been
finished by Monday evening. Then
their fate will be placed in the hands
of the IL men sworn to return a verdict
1uph0lding the law, and each will face
conviction or acquittal. If the former,
each defendant will be liable, under
the law, to a fine ranging from 81 to
$4,000 or imprisonment extending
from one day to two years in the coun-
ty Jail or at McNeils Island, or both
fine and imprisonment, at the discretion
of the court and jury.
In practically every allegation made
in the indictment the government has
sustained it's case. The following is a
summary of the charges and testimony
bearing on each charge:
That Emma l.. Watson, s. A. d. |,
Puter Marie l., Ware, ct AL, did on
March 20, 1901, conspire to defraud the
United States out of Il portion of its
public lands, situated in township IL,
south of range east.-In support of
this, the prosecution has shown that the
defendants dealt in timber lands; that
they falsely filed ON the lands in ques'
tion proved up ON them by means Of
fraudulent afidavits and forged sigma
lures and that they transferred these
lands so acquired back to the govern
ment receiving in lieu thereof valuable
timber lands in other parts of the state,
which they in turn sold,
That by means of false afiidavits the
conspiracy was aecomplished.--ln proof
of which many witnesses have been
brought to swear that the affdavits
made before special agents of the gen
eral land office were false and untrue,
and had no foundation in fact, and that
the homestead filings were in part
forged, and were wholly untrue.
That false proofs OF homestead en-
try aud settlement were made to secure
patent.-This allegation is shown true q
by the reports of A. w, Barber and 9TH ,
crs who went upon the lands and found
them virgin forests and rugged noun
tains, unmarked by trail, ncultivated,