The San Francisco call., 1904-12-01
ADMITS SHARE
IN THE FRAED
Former Deputy County Clerk
Gives Damaging Testimony
i'll Oregon Land Cases

PORTLAND, Or, Nov 3o.-That
George A Howe is a myth manipulated
by the alleged conspirator. Horace G.
Mckinley to bring about the disposi-
tion of the seven quarter sections in
township II south, range east, by ap-
plication for the right of lieu selec-
ton. thus placing them in the hands
OF alleged conspirators, and that
Horace G. Mckinley made the request
for an abstract of title to the George
Howe lands and that George Howe was.
unknown and did not request it, was
the trend of the evidence on the part
of the Government during the fraud
TRIAL to-day.
Early in the session the prosecu-
tion's continued efforts to show by the
testimony of the Government officials
that George a. Howe does not represent
corporal reality precipitated a legal
battle. The defense assumed the posi-
tion that the evidence offered by the
Government to prove the non-exist-
ence of Howe is not competent and that
it cannot be proven by the mere testi-
mony Of witnesses that such a man is
not known and cannot be found. The
prosecution contended that it could be
so proved that this is the only way to
prove it and make impossible the whole
sale perpetration Of fraud and crime
and that such evidence is competent
sufficiently to establish the fact for all
legal purposes that such a person does
not exist in flesh and blood.
Judge Bellinger did not pass finally
upon the merits of the contention. but
said enough to warrant the conclusion
that the evidence is competent and ad-
missibIe.
Judge Bellinger said he would look
into the question further before ruling
definitely regarding the admission of
such evidence.
GAVE FALSE CERTIFICATES.
r. w. Montague, Deputy County
Clerk of Linn County under w. s.
Hammer from July, 1900 to July, 1902,
testified that he was authorized to
sign Hammers name to final proofs
and homestead filings.
Montague identified the handwriting
on the Government exhibits and stated
that he supposed the seal on each was
that Of Linn County. He also stated
that he had known Mckinley, Puter,
Dan w. Tarpley; Mrs. Emma L. Wat
son and Miss Ware for various periods
of time. He then told of the filing of
the proofs and said:
Those who appeared before me
were George A. Graham, Thomas VIII
kins. George A. Pettis, Zenas K Wat
son, Nellie Backus and Alexander d.
Brown. Those who did not appear
were Matte S. Lowell, William Nc
Laughlin, Christie e. Langham, John
F. Foster. James A. Taylor. Albert A.
Austin and John Wakefield"
The silence in the courtroom as the
words connecting Horace G. Mckinley
with seven of the overt acts were ut
tered was intense
Montague then admitted that his
certificate on the papers that all of
those persons appeared before him
was not true and thus directly con-
nected himself with the alleged con-
spiracy.
WAS IN THE DEAL.
Further questioning by the District
Attorney brought out the statement
that In each of the cases where the
papers were sent to the land Office with
out Montague having seen the entry
men Horace G. Mckinley brought them
to him personally.
Was there ever anything said as to
what you were to receive out of the
deal?" questioned the District Attorney.