The San Francisco call., 1904-11-24
PROVING CRIME
Vase COMMITTED
Government Possesses Much
Documentary Evidence in
Oregon Land Fraud Cases
SUSTAINS PROSECUTION
Court Overrules Objections
Made by Defense to Man.
ner of Trying Indictments

PORTLAND, Nov 23-The Federal
attorneys in the land fraud cases bent
every energy in court to-day to show
primarily as a basis for it's ground for
prosecution that the Government has
been robbed by somebody with the end
in view of later on fastening the crimes
upon the accused persons now on trial.
All morning witnesses occupied the
box to establish the identity of docu-
ments by which the Government hopes
to establish to the satisfaction of the
jury that Miss Ware, Mrs. Watson, Nc
Kinley, Puter and others are guilty of
acts of conspiracy to defraud the Gov
ernment.
Thus far the Government has sought
to prove that somebody has committed
a crime by the introduction of evidence
to indicate overt acts, reserving until
later developments which are expected
to show the conspiracy of the princt-
pals by connecting them with the IL
legal acts. This manner of proving the
case was objected to by the defense
this afternoon, but Judge Bellinger sus-
tanned the position taken by the prose-
cution.
Circuit Judge William Galloway of
the Third District was the first witness
called by the Government to-day. The
Judge testified that he was Receiver of
the United States land office at Oregon
City from February, 1896, to July, 1902,
during the period when Mrs. RoFter, or
Mrs. Watson, as the Government will
~ n ShnW n he fn0k nrOOf of
homesteads before that office. He iden-
tilted certain papers to be used as evil
dence in the case.
H. F. Coleman, q clerk in the General
Land Office at Washington, testified to
receiving the applications at that office,
and Special Inspector A. r. Greene tes-
titled to having had the papers in his
custody and to the time when he re-
ceived them from Washington.
Congressman Binger Hermann was
the next witness. Hermann was Com
missidener of the General Land Office
at Washington from March, 1897, until
February l. 1903 He told of the man
ner of conducting the correspondence
at this department and how the mail
was handled. A letter was offered to
him signed John H. Mitchell.
Il do not know that have ever seen
this" said Hermann, looking at 1T
judiciously through his glasses. Il
know that the signature is that of Sen
ator Mitchell.
Attorney Henri of the prosecution
handed him second, which met the
fate of the first.
You have not examined it," sug-
gested the lawyer. Perhaps if you
were to examine it you might refresh
your memory.
Still Hermann could not place it, but
he remembered what it was about
Senator Mitchell had called upon him
at his office in company with S. A. d.
Puter and had said that Puter had
some land cases which he was inter
ested in and would like to have ex-'
pedited by the department.
Judge O'Day, for the defenses OBJ
jected to this admission. because Sen
ator Mitchell was not present and
could not be questioned, but the OBJ
lection was not needed by the court.
Did any one accompany Mr.. Puter?"
There was a woman with him." re-
piled the witness, that is as far as
can remember also a clerk named
Walk. The clerk said that the papers
were all right, that he had examined
them, and l sent them to Governor
Richards, my assistant, who afterward
issued the final papers
Hermann had only seen the woman
once, he said, and when asked if he
could identify her responded in the
negative.
Hermann gave other evidence as to
the manner of conducting the business
of the land office and was then excused
without cross-examination.
John Withycombe, chief draughts-
man in the Surveyor Generals office,
and A. w. Barber, clerk In the Gen
eral Land Office, were called to identify
certain maps, after which court ad-
journed until tomorrow.