The Savannah morning news., 1904-10-03
WHAT GOVERNMENT HAS DONE
IN THE LAND FRAUD CASES
Democratic Criticisms Move the Secretary of the
Interior to Make An Explanation
About the Matter

hia. The last named is now held under
heavy bail for his appearance for trial
Proceedings under Section l0i4 Of
the Revised Statutes were at once in
stituted in the states 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 diligently
prosecuted. and in California have re-
suited 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 APP
pealed TO the Supreme Court of the
United states, and It is the purpose OF
the government to secure in that
court an advancement of the case on
the docket, and hearing of the ap-
peals at the earliest possible date. The
defendants are under heavy bail to an
swer the decision of the Supreme
Court when hnally rendered.
Upon the indictment for bribery.
John A. Benson has also been held Cor
removal to the District Of Columbia
for trial. and he has appealed to the
Supreme Court. Upon the conspiracy
indictment, removal proceedings are
still pending against said Benson In
New York, with theN expectation that
they win be concluded at an early
date, with like favorable results.
The action of the Secretary of the
Interior in suspending the selections
and entries of the public lands i'm
volved in the conspiracy and in refus-
ing TO issue further patents upon such
selections and entries, is fully sustain
ed by the decisions of both the district
and circuit courts of the United States
for the Northern district of California,
above referred to.
"As an immediate and very I'M
portant result of the investigation. this
gigantic combination and conspiracy
has been broken up, and its power
for evil doing in the future utterly de-
stroyed. AS further ana ultimate re-
suits. the fraudulent selections will all
be cancelled and the lands covered
thereby restored to the public domain
and II is the confident belief of the
Secretary of the Interior and OF the
officials having charge of the prosecu-
lions growing out Of the investigation
that the guilty parties will be con-
victed, and such punishment melted out
to them as VIII not only be COM
mensurate 70 the magnitude Of their
crimes. but will serve as a warning to
evil doors in the future"
The statement then refers to indict-
against Horace @. Mckinley, Stephen
A. Putter, Marie L. Ware. Emma l..
Watson. Guy Huff, Maude Witt, II.
Walgamot, Harry c. Barr. Dan w.
Tarpley, Charles Cunningham Asa
Rayburn, Dallas O'Harra, Glen II.
Sailing Shelly Jones, Mark Shackle-
ford, Kate James and Henry Meld-
rum.
Continuing, the statement says:
In these prosecutions, Charles Cum
bingham, Asa Rayburn, Dallas
O'Harra Glen A. Sailing and Shelley
Jones have pleaded guilty and SEN
tence has been imposed upon all ex-
cept Q'Harra and Jones. The other
cases we're set for trial at the May
term. 1904, Of the federal court at
Portland, Ore, but owing to the fact
that one of the principal witnesses for
the government had absconded, the
cases had to be continued and are
now set for trial at the November
term, 1904, of the court. The abscond-
ing witness has been arrested and is
now under bail for his appearance at
the November term. An able attorney
skilled In the conduct Of criminal pros
ecutions, has been appointed by the
! government to assist the United States
attorney in the trial Of these cases, and
| convictions In all of them are conf
IDENTIFY expected.
THE investigation is still being car
ried on and further indictments are
expected as soon as the cases can be
prepared for proper presentation to
| grand juries. In so far as indictments
have not as vet been found II should
be apparent to every one that secrecy
must necessarily be maintained, other
wise all efforts to accomplish benefi-
cial results would be futile. There is
| not now, and never has been, any de-
sire or effort on the part of the Secre-
tary OF the Interior or those engaged
under his direction, to keep from the
public the results of the investigation,
except In so far as absolutely NECESSARY
to prevent a failure in the endeavor
to accomplish the desired end, to wit.
! the conviction and punishment OF the
guilty parties
THAT the charges referred TO are
In every respect without justification
in fact or reason. can easily be ascer-
tanned by any one, who cares to know
the truth. The results accomplished
are largely shown by the public rec
ords Of the courts and of the Land De-
partment, and in so far as not thus
shown, namely, as to the absolute de-
etruction of the Hyde Benson combi-
nation, and the general breaking up OF
the fraudulent practices In other Sec
TONS as herein indicated, the honest
seeker for information can have no
difficulty In obtaining 1t by simple In
quiry Of the officials OF the land de-
partment. or OF the indicted parties
themselves.