The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-12-15
.HENEY LET CD
Land Fraud Case Will Go
Over for Term.
FEDERAL JURY In 1T.
Government Is Extremely Rsticent
On the Subject OF It's
Action.
TRIAL HAS BEEN POSTPONED
Judge o'Day Smokes q Cigar That
Smells to High Heaven-The
Judges Eye Glarsd Roent.
gen Rays.
TRIAL HAS BEEN POSTPONED

Portland, Dec. l4.--On motion OF
Special Assistant United States Attor-
ney General Francis ]. Heney this
morning all the land fraud cases now
pending In the United States circuit
court for the district OF Oregon were
ordered TO go over for the term. All
witnesses assembled TO appear were
excused for the term and speculation
Is rife as to the cause for this unex-
pected action on the part of the gov-
ernment. In moving for a continuance
Mr.. Heney gave the court no explana-
tion. other than to say that the govern
ment desired not to disclose Its reason
at this time, but that the reasons at
hand were regarded by the prosecu-'
tion as sufficient TO justify the course
taken.
After the motion for continuance was
allowed and the order entered. United
States District Attorney John H. Hall
asked the court that the federal grand
july WhANh NhS btNSh ~ iSsSSS SaiV IA
November, be ordered to reconvene
next Monday. While It is not regarded
ms likely that this action is to have any
bearing on the cases continued. yet
startling events are looked for, as
result OF the session.
Surprise Sprung.
When court convened at 10 o'clock
and all present were keyed up to the
expectancy Of the prospective COM
mencement Of the second great land
fraud trial, Mr.. Heney sprung a pro-
found surprise by addressing the court
for continuance.
IF your honor pleases," said the
United States assistant attorney gen
eral. while everybody wondered what
was coming, "for reasons which the
government does not desire to disclose
at this time, but which are regarded by
the government as satisfactory. we de-
sire a continuance of the cospiracy
case and all teh other cases for the
term"
rs that satisfactory to the defense%
asked Judge Bellinger.
"well," said Judge o'Day, zone of
these defendants, Mr.. Huff. Is here in
custody and think there should be
some provisions for his release"
Il think the bond for Guy HUFF can
be satisfactorily arranged today" said
Mr.. Heney.
Very well,' said Judge Bellinger
then the cases will be continued for
the term"
Judge Bellinger asked District At
torney Hall II any cases could be got
ten ready for trial by the present jury.
and II so, how soon. The district at
torney said civil case could be gotten
ready by Friday.
He then moved the court for an order
reconvening the grand jury next Mon
lay and the order was made.
Judge o'Day, on behalf Of his cli-
ents convicted on the conspiracy
,harge. asked for 40 days in which to |
prepare bill of exceptions, and 1t was
allowed.
Question Raised.
what does all this meang was the
common query after the court had ad>
burned. II was hinted by some that
he government, rather than try an
,ther conspiracy case when the defense
las attacked the proceeding on the
sround of former acqulttal, former
and former jeopardy, is con-
ent to let the defense show its
strength by an appeal, and In the event
he judgment stands to trust to pro-
'uring SUFFICIENT justice for the crime
IN a sentence for the conviction al
eady had.
Judge o'Day entered the court room