Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-12-13
SECOND LAND FRAUD
CONSPIRACY CASES
Defense Make an Ingenious Plea
On Which Judge BeIlinger
viii Rule
ARE FIGHTING DESPERATELY.
II They Succeed VIII Bring to an End
Al Subsequent Proceed.
ings.

Portland or, Dec l2--Bcfore the
trial OF the second Of the land frauds
conspiracy cases. which was TO have
begun In the United states district
court tomorrow Judge G. .. Belluger
VIII rule ON pleas filed today by the att
torneys for Marie Ware Horace c.
Mckinley and $. A. u. Pu,er, convict
ed Of consplrIng to detraud the goy-
emmeiut out OF public lands located In
township II south, range east
They contend that if persons are
charged with several acts Of conspiracy
to defraud and separate indictments
are returned for each act each act does
not constitute separate crime. but is
presumed 70 be an act in furtherance
OF one conspiracy embracing AN the al
legged acts OF fraud and conviction or
acquittal upon one indictment amounts
TO conviction or acquittal ON al
ON the ground that a person cannot
be twice placed IN jeopardy for the
same offense, they allegc persecution
ON the other conspiracy indictments
The effect Of this latest move OF de-
PENDANTS to avail themselves Of every
technlcaity OF law, would be. I'm case
they are sustained TO bring to am end
all subsequent proceedings against
those defendants already convicted of
conspiracy. II was the intention OF
the defense TO bring the matter before
the court today, but the non-appear-
anCe Of Judge Belinger prevented. and
Il viii probably be settled tomorrow.
Charles A. Hardy, representing Miss
Ware, has filed with the court a plea OF
former acquittal and this WIN be ar
gued, or at least disposed Of by the
court before the case now pending Is
proceeded with, Mr. Hardy I'm his
plea, holds that since Miss Ware was
indicted by the grand jury for conspir-
accy TO defraud the United states out
Of part Of rs public lands. and was
tried on that indictment and upon mo-
ton Of the prosecution was acquitted.
that such procedure and such acauit-
tai form a bar against further prose-
cution on the same charge, under the
rule Of law which provides that a de-
PENDANT cannot be placed twice I'm jeop-
uIuN lot lNt same OIIeuSe,
Judge Thomas O'Day representing
the other defendants I'm conjunction
with Lawrence Puter, will file plea Of
former conviction tomorrow i'm behalf
Of $. A. j. Puter, Emma l.. Watson
and Horace @. Mckinley The attor-
neys for the defense contend that since
the defendants concerned have already
been convicted Of conspiracy TO de-
fraud the government out Of IFS lands.
they cannot under the law. be again
tried Tor that offense.
Dist Atty John II. Hall on the other
hand takes the position that the in
dictments IN the prior case were not
for conspiring TO defraud the govern
ment out OF public lands In general. but
ont OF land specifically described as be-
Ing part Of township fl south, range
Z east.
The conspiracy contends the prose-
cution upon which the indictments
were returned I'm the case which win
be tried tomorrow. was formed subse-
quently TO that upon which the indict-
ments IN the first case were made and
upon entirely different land.
In support Of his view. Mr.. Hall calls
attention TO the fact that during the
iirst trial the court would not allow
any evidence tending to show consplr-
acy to defraud out of any lands other
than those In that township. II Is
therefore evident according to MrHall.
that two separate and distinct crimes
or conspiracies have been charged.
which makes the pleas Of the defense
OF no effect and void.
Guy Run, who has been endeayorlng
to secure a bond of $4,000 for the con- !
spiracy case and one OF $4,000 for the /
case OF forgery hanging over him. has
been unable TO provide bonds satisfac- !
tory to the prosecuting attorney and is
therefore In JAIL
Hun was arraigned this morning and |