The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-08-20

rayed against malefactors whose
crimes had been infnitesimal compared
with that of these kid gloved con-
spirators, and 10 me il seemed a viola
allow these men to go free because they
were strong IN the councils of their
political party
] was also convinced that the judge in
question was N error legally. and i'm
support of my view / had d letter. Writ
ten by Assistant Secretary of State
Bell TO John Sherman. secretary OF the
treasury, calling attention TO section
5.463 of the statutes. which provided
that any person stealing or DESTROYING
any paper. record or document from
any federal Office could be fined and
imprisoned This section covered fully
the thefts of land patents Besides it
had been held by the supreme court
with deed, was necessary to pass title
So far as the use of their .technicaiity
was concerned the defendants gained
their point. on the construction re-
in the federal court BY the judge who
had made the strange construction of
the law.
There was but one recourse. In the
preparation of the big crime numerous
individual offenses against state laws
had been committed such as forgery.
perjury and obtaining money under
false pretenseS. We might find justice
in these state courts. This was sug-
gested. but my suDeriors in Washing
ton doubted the probability of our being
able to convict in the state courts on
the theory that they were even more
subject to influence than the federal
courts.
Most fortunately there came to the
rescue of justice at this critical mo-
ment a man with splendid fighting abil-
ity and a deep sense of duty-Circuit
Attorney Harris of st. Louis. He pos
sessed ia a marked degree the qualii-
cations that the federal prosecutors
lacked With him 1 went over the evil
dence. He Ieaped into the breach with
a vim that was refreshing. He was in
Vulnerable to political or other in
husnces and soon mastered and mar
shaded for use the great mass OF evi-
In the meantime touch of romance
had been added to the drear details of
the case IN Cleveland. In the office or
Orlando Van Hise there had been en-
ployed a clerk named Mary A. John
son. Her sister had married George
Linn, another member of the ring. She
was also notary public. and had
taken many fraudulent acknowledge
ments for her employer. The govern
ment had intended to use Mary John
son as a witness against Van Hise, but
Cupid took hand soon after the ar
rests and Van HiSe and the girl were
married, thus giving the government a
serious setback in the prosecution of
Van Hise. for wife could not be used
as d witness against her husband.
The dismissal of the case in the fed
eral courts and the institution in the
state courts OF course necessitated the
re-arresting of the defendants and the
furnishing of new bonds. When we
went 10 Cleveland we found that Van
Hise and Linn had decamped for parts
unknown, presumably Europe. The
others were secured. however and the
totrials were held in st. Louis. Mo-;
Steubenville, Ohio, and Clarion, Pa
Circuit Attorney Harris had mastered
the evidence so thoroughly and had all
the cases so well in hand that he went
to Steubenville to assist in the prosecu-
ton of the Ohio conspiratOrs. Robert
Lindsay retained the most able lawyers
he could find and every artifice known