Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-12-06
ARGUMENT FOR DEFENSE
IN LAND FRAUD CASES.

Portland. or. Dec. 1.-The argu.
mont Of counsel for me defense IN The
land fraud case began today Lawrence
! y. putcr OF Eureka, Call brother OF ono
! of the defendants addressed the court
and Jury ON behalf Of the persons ac-
cused by the federal goyoumnt Of q
conspiracy 10 defraud the government OF
The attorney held that the government
| has failed 90 make out IT'S case against
! the prisoners and attacked The testimony
4 NJ the governments principal witnesses.
| Montague and llelndocke as unworthy M
/ belief Counsel alleged that the princl-
| pals In the defense were innocent pul-
! ch1gers OF tho lands and not responsible
! for receptions practised upon them, and
| that the persons whom the government
claims are fictitious are LIVING human
beings who actually went upon Tho lands
In question,
Judge ODay went before tho Jury this
morning % defend himself OF certain as
pensions thrown upon him by witnesses
Tor The government il0 attacked the
Efforts ~ the government 20 convict the
defendants IN sarcastic vein,
re rIdiculod lts testimony ana belittlcd
the witnesses. lils hrgumont was az"
hauatlYo ln detail and covered the hiss
tory OF the case from its inception. When
Judge O'Day concluded. The court od-
i0uned untll tomorrow n VIII take an
other day 10 finish the trial
Special Prosecutor Henry will occupy
the forenoon with argument. and p0s5i-
bly, lap oyer into the afternoon Follow
By Judge Belhnger u 10 thought that
the deliberations OF tho jury VIII he
brief
II the heated response OF Special As
sstant Attorney General Il. j Honey 20
the counsel for the defense, made during
q somewhat Acrimonious Coll0Quy, which
occurred during the trial, may be taken
20 mean anything these prosecutions will
II necessary 20 subsCrye the ends of Jus.
ticc. be followed 20 the doors OF some ut
the highest officials In the country, be-
fore the government will ccnse IT'S e.
forts TO punish those By whom Il believes
II has been wronged.
Puzzllng 0s was the plan OF the prose-
cutlons attack during the early days of
the trial. and surprising as were tho de-
ycopmcnts as the plan slowly unfolded,
nothing has been -,lCn q source for won
dermcnt IN the minds of those who have
followed the trial from day 10 day, as the
course pursued hy the defense.
At no time dld the defense attempt 20
dscredit the testimony Of any Of the Wit
nesses for the prosecution by cross-Quos-
tlonlng The only instan,e during the on.
tIro trial whore one N the witnesses for
the government was at all vigorously
cross examined was when the defense At
tempted ~ impeach the evidence given
hy the witness Hcideckc. who made state
ments rejecting on the professional IN
tcgritv Of ono OF tho defendants counsel
and this was to an appearances merely
to negative the reflection
In their behalf clients counsel offered
not one witness OF their own They did
however. on one ground or another eN.
cent TO every indictment. 10 every legal
step and 10 every question nropounded by
the prosecution 10 its witnesses
From this II would seem 10 he fair
deduction that the defense will. In Us
closing argument. alege that the prose.
cuton erred In a multitude o. ways, and
on those grounds ask that The fury be
instructed 10 return verdict Of acqult-
tai
Whatever the result NAV be In the pres
emit proceedings the government has an
nomced that II will Immediately press
other Indictments against the defendants,
the next case 10 he tried N the prosecu.
tors for the government follow their an
nounccd plan. will Involve the same de-
PENDANTS on similar charges Of consplra-
cy In this case the prosecution asserts
that II will offer unqucstlonable evidence
connecting Marie l.. Ware with the al
legged conspiracy.
The third case will he the prosecution
OF forgery charges which have been IN
cldentally connected with the case Just
The United States Pp,nd Jury viii prob.
ably continue IN session all winter In
vestlgaung evidence as fast as II Is coll
locted by the government secret service
officers. and as quickly as indictments
are returned, arrests viii be made and
follow Immediately