The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-04-10
MITCHELL WILL
COME: INTO COURT
United States Senator to Be Ar
raigned Tuesday.
HERMANN ONE WEEK HENCE
FIRST TECHNICALLY IN LAND
FRAUD CASES.

CORTLAND. Ore. April 9.-During
the present week United States
Senator John H Mitchell. Con-
gresham j. y. Williamson. and his
partner. DR.. Van Gessner. and Marion
Biggs viii be arraigned. and on Mon
day, April II, Congressman Binger
Hermann's aTraignment viii occur upon
indictments returned by the federal
grand jury in connection with alleged
land frauds upon the United States
government in this state.
Tomorrow a motion in abatement in
behalf of Henry P Ford and others Will
be filed on the grounds that John Cuts
ton, one of the members of the recent
grand jury. is not a natuTaliZed CiUi-
zen, and that therefore all the acts Of
the grand jury have been null and
void.
Mitchell Notified.
Senator Mitchell was notified by
United States District Attorney Fran
els J. Heney that Monday Mr.. Mitchell
would be required TO plead to the in
dictment returned Feb. /. charging
him, while an official of the United
States government, with having ac-
cepted compensation for services rem
deTed before a government department.
concerning a matter in which the
United States government is directly
interested.
Owing. however, to the fact that
United States Circuit Judge William
b. Gilbert, Of San Francisco, is preSid-
ing judge of the United States district
court during the temporary absence of
Judge Charles b BellinSer and Mr..
Henry does not wish at present to in
vOIve Judge Gilbert, Mr.. MitchelIs ar
raignment viii not occur until Tues
day.
The Indictment which Mr.. Mitchell
viii plead TO is the one which involved
the now famous cO-paTtneTship agree
ment of the law firm of Tanner &
Mitchell.
on next Friday Congressman Viii
hanson, together with GessneT. VIII
HamsOn's partner in the livestock firm
of Williamson * GesSneT. and Marion
BiggS. ex-United States land commits
sioner at Prineville Ore Will be ar
raigned to answer the charges in the
indictment returned Feb II last ac-
cusing them of subornatiOn of per
jury in the alleged fraudulent acqUir-
ing OF public lands near Prineville, on
the east slope of the Cascade noun
tains.
Hermannis Case.
Congressman Binger Hermann is ex-
pected to leave Washington, D. g,
Yuerdav and to arrive i'm this city
arrives here in time he viii be ar
raigned on Monday, April i, upon the
Indictment returned Jan 81, charging
him with entering into a conspiracy
with Senator Mitchell and : A D
Puter to expedite through the general
land office alleged illegal land claims
in the III district Of the Cascade
forest reserve
Plea in Abatement.
rho r,Iaa in abatement in bebaIf Of
Ford ct al, is the most far-reaching
move yet made i'm the land frauds
cases. and if successful viii completely
undo alI' work so far accomplished by
the grand jury
Ford and others. it viii be remem-
bered were indicted ON a charge Of
having COnSpired to impede the work
of government official by undertake
ing TO bring the good name Of Mr.
Heney into disrepUate and i'm that
manner cause the department of JUS
tice TO dismiss him.
The ground for the motion is that
George GUistOn- a native of Austria,
is not uaturalized citizen Of this
country, and therefore was not quail
fed to serve as a grand juryman-
Passport in Evidence.
According to government officials.
GUistOu came to this country more
than thirty years ago About twenty
pa pers in San Francisco. Cal. and some
years ago he returned to Austria on a
visit procuring before he went
passport from the United States gov
eminent which the government asserts
is prima facie evidence that GuiStOn is
a citizen of the United States Guiston
now has his original passport, but
some years ago securing a homestead
from the United States it was neces-
sary to send the naturalization papers
to the general land Office at Washing
ton. The papers We're never returned
and according to the government Of
ftcIals. ali trace of them has mysteri-
OUsly disappeared.
Records Will Show.
Mr.. Heney went over the matter
with GuistOn before GuiStOn was al
lowed to participate in the delibera-
tions of the grand jury, and thinks
that possession Of the passport, to-
gether with the fact that the govern
ment is able TO show by the records of
California that papers were issued TO
Guiston. viii establish beyond any
question GuistOns capacity 10 act IN
the capacity Of juryman.
1t is also stated that the weight of
authority on similar cases in the
federal courts has been that unless
there have been many cases of non
qualification the acts of the Organiza-
ton would be legal and binding In the
case of a motion to quaSh II would be
upon the petitioners to show that there
were not twelve votes TO indict without
the vote Of the unqualified man.
1t is. however, upon the grounds that
Guiston cannot show his papers that
Ford bases his plea that George Cuts
~ -.flf Ya1