Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1905-02-03
INDICTMENTS MADE PUBLIC
Mitchell and Hermann Are Accused
of COnspiracy-Davls is Charged
With Perjury.

The indictments against United
States Senator John Fl. Mitchell and
Congressman Binger Hermann were
made public by the Federal grand
jury Tuesday afternoon. Three other
indictments we're returned, but one
was held from the press by the court
while bench warrants were issued for
the arrest of the men indicted.
The Mitchell-Herman indictment
alleges: That John H. Mitchell,
Binger Hermann ct al did, on Febru-
ary 1902, conspire together to defraud
the Government of the United States
out of a portion Of its public lands,
situated in township II south, of range
7 east. That, relying on the fact tn at
Binger Hermann was at that time
Commissioner of the General Land
Office, and had in his power the expe-
diting and patenting Of Government
lands, the several defendants had by
false and fraudulent affidavits and
applications filed upon public lands in
the Cascade Forest Reserve with the
intent and purpose of securing the
lands for speculative purposes, con-
trary to the law. That through the
influence Of John H. Mitchell, Senator
from Oregon, which influence was
gained in part by a bribe of $4,000
given him by S. A. D. Puter, the
claims were passed to patent and title
given by the Government. That the
titles so gained were transferred to
Emma L. Watson and by her to Fred
erick A. Kribs on May 5. 1902.
The Miller-Kincart indictment says: A:
That Henry W. Miller, Frank E.
Kincart, Martin G. Hoge and Charles
Nickel, of Medford, did, on August
81, 1904, conspire to suborn 100 per-
sons, unknown to the jury, to periure
themselves in making applications
for purchase of land near Medford
under the timber and stone act; that
these persons made affidavit that they
were securing the land for their own
use and enjoyment, and not for specu-
latlon; that the defendants pro-
cured the said afidavits at the same
time, giving as an inducement to take
the land a contract with a fictitious
Wisconsin corporation Offering to buy
the land as soon as it was secured
from the Government, but at an ad-
vance in the price paid to the Govern
ment; that the defendants charged a
location fee for finding suitable
claims for the prospective purchasers
from the Government, which they col |
lected, at the same time in MANY
instances, locating them on land |
filed upon, and in no case liv-
ing up to the contract of repurchase.
The William II. Davis indictment
sets forth: That William H. Davis.
OF Albany, did, on October 30, 1902,
come before Salmon B. Ormsby, |
forest superintendent and special |
agent of the Interior Department, de-
tailed to make an investigation of
timber lands in Linn county, and at
that time did make affidavit to his
cultivation aud residence
on a claim taken by him, the said
Davis, in which he stated that he had
raised crops, built houses and fences,
and resided with his family upon the
claim, when, in fact, he had never
been on the land, except once or twice
On hunting and fishing trips; that in
result of this DR., Davis is guilty of
perjury in that he knew at the time
he affidavits were false and fraud
llent and not in any part true.