The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-03-31

conspiracy is referred wholly to the
District, and the acts alleged to have
been committed in California and Ore
gon are set forth simply as overt acts
in furtherance of that conspiracy. The
only crime charged is the conspiracy to
foist bad titles on the Government III
exchange for good ones"
The direct contradiction between the
two veteran lawyers quickly involved
all the counsel on each side, and the
Commissioner was at length compelled
to quiet the noisy, albeit good-humored
debate. Garrett w. McEnerney Joined
Wheeler in arguing that the Indictment
charged a crime committed partly in
the States named. This the Govern
ment attorneys denied Wheeler con-
Guided in part as follows:
The act OF 1894 provides that 1.-THE criminal
court of the District of Columbia shall have
Jnrsaietion OF az 1iI1Tct md not IawfIlv
triable in any other court and which are re-
quired by law 10 be prosecuted by indictment
or information The language Of this act
points to crimes alleged to have been COM
rnitted partly in the District and partly in
state with the intent that s.nfs co,1rts n
shows that the District has no jurisdiction
the crime charged here
PUGH'S REPLY.
The burden of answering Wheeler
fell to Pugh, who is an attorney of the
Interior Department. and who was
heard for the first time in the case
He quickly became involved in a con-
troversy with McEnerney, and after
each side had got itself pretty well
tangled up with legal catch questions
the San Francisco lawyer retired from
the contest of wits with the remark:
Doubtless his Honor will have to
bring a regiment down from the Pre-
sidio to keep us all in order" The main
points of Pugh's plea follow:
We have never admitted that this Indictment
could be tried in California, because it charges
a conspiracy only in the District of Columbia
and the commission Of an overt act there which
completed the crime. The allegation Of other
overt acts committed in this state. such as
Dimonds letters written at San Francisco and
Visalia, does not affect the Jurisdiction of the
Supreme Court Of the District. The conspiracy
alleged is not what done here in Ore
titles for good ones. and this agreement
made in Washington.
MIR. NheeIers whole argument amounts to
nothing. because he misunderstands that act
of 1894. There is later act, the Judicial
provides in section 81 that the supreme Court
of the District shall have the same powers
United States in the several States" and in
section So ii defines the criminal jurisdiction
of this court in specific terms follows: The
trial of crimes and misdemeanors committed
in the District of Columbia shall be in the
Supreme Court for the District holding a
on Which Mr wSeeIer eted reellSr SEQ to
offenses ''triable in any other court means.
not the courts of a State but the police
courts of the District, which try offenses with
out indictment.
TITLES NOW HELD UP.
Pugh paid his compliments to Nc.
Enerney's argument that the Govern
ment had not been defrauded because.
as the defense claims a man holding
fraudulent title to lands in forest
reservation has a right to relinquish
that title and get a good title to lands
outside the reservation. This amazing
assertion said Pugh, gives away the
whole defense. 1t is not good in law,
and If the defendants think it will hold
In the case of the ACCOMPLISHMENTS they
have now on file in the Interior Depart
ment, covering hundreds of thousands
of acres, they will find themselves mis-
taken. The Government has evidence
Of the fraud in these titles and. pro-
poses to put a stop to their practices.
Even if California and Oregon are IN
different to the robbery of their school
lands the Government will refuse titles
obtained from these States by false
entries
The days argument closed with
brief plea from Heney This morning
the defense will be heard in reply. and
then it will be up to the commissioner
to decide whether Hyde and DimOnd
shall be held. If his ruling is against
them they may then put on witnesses
or attack his decision by habeas corpus
proceedings An intimatiOn given bv
McEnerney yesterday that the defense
would have witnesses present in court
to-day was accepted as indicating that
the former course would be followed.
but the shrewd attorneys for the de-
Tense have carefully concealed their
plan of campaign and may be expected
to do whatever they believe will give
the Government the fewest points