The San Francisco call., 1906-11-02
LAW REACHING OUT
FOR {. B. PERRIN.
Capitalist Indicted With
j. A. Benson on Charge
of Conspiracy to Defraud
INVITED INTO COURT

BY request of United States Attorney
Robert T. Devlin. there came to the
clerks Office of the United States Dis
trict Court yesterday morning John A.
and NJ. Hart who went on Benson's
bond for $4,000 on each of two indict-
ments charging Benson with conspiracy
to defraud the Government of 1900
acres of valuable timber lands In
Tehama County, and by the same meth
DDS as pursued in other cases by Ben
son and his partner, F. A. Hyde.
When Benson made mis- appearance
and said a CHEEKY good morning to
the clerks. United States Marshal Ell
lott was sent for, and when he arrived
went through the form of placing Ben
son under arrest The bonds were ac-
cepted and Benson was allowed to de-
part with his friends
Before going Benson asked to be al
lowed to look at the two indictments
against him. but Clerk Manley declined
to permit the documents to be In
spected He said that the papers con-
tained the name Of another person, mot
yet arrested and that the documents
could not be taken off the secret file
until that event should have taken
place.
These indictments were presented by
the United States Grand Jury last
Tuesday and ordered placed on the Sc
cret file.
How did Benson find out that he
had been indictedS. was asked of
United States Attorney Devlin.
we told his lawyers that he had
been indicted replied Mr.. Devlin, and
that we wanted him TO come here, be
cir iC o1
ready under bonds to appear for trial
in Washington, d. c.. on somewhat
similar charges, and in view of that
fact it was not deemed necessary to
send the marshal after him. Edward
B. Perrin, who is indicted with him,
will be here tomorrow Friday morn
ing. He knew last week that he was
going to be indicted. He has sent us
word that he will come here tomorrow
with his bondsmen."
United States Marshal c. T. Elliott,
when asked why Benson and Perrin
had not been arrested by sending an
officer after them, replied that he had
been instructed not to serve the war
rants until the indicted men should
present themselves for arrest. He de-
declined to say who 1t was that had
instructed him in the matter In ques-
ton.
TEXT OF THE TRUE BILLS.
The indictments charge Benson and
Perrin with conspiracy, the basis of the
charge being embodied in the following
agreement:
This agreement made and entered
into this 31st day of October, 1903, be-
tween Edward B. Perrin of Williams,
Ariz., the party of the first part and
John A. Benson of the city and county
of San Francisco State of California.
the party of the second part. wit
nesseth, that the said party of the first
part employs the said party of the sec
ond part to secure for him, by means
of State indemnity, school lands loca-
ton, or In other legal manner. the fol-
lowing described land, to wit: AS per
plat attached hereto, containing $4,000
acres.
The said party of the second part
agrees to file the applications of the
part for said land in the State land
office and to have said land properly
selected In the United States land office,
tary of the Interior; and thereafter.
as soon as the same can lawfully be
done, TO have patent for the said land
issued to the said party or his as
signs-provided, that meanwhile the
full payment for said land has been
made by said party of the first part.
In accordance with the terms of this
agreement.
In consideration hereof the said first
party the sum of $3.50 an acre for said
land, including so cents an acre for
Location t, fee & in installments Inst as follows,
acre cash and 81 an acre when the
application for the above described
land has been approved by the State
Surveyor General, which in no case
shall be less than three months. Ihe
party of the first part is to have the
privilege of paying the second INSTALL
ment within ninety days from Novem-
at $3.50 an acre. And the party of the
second part is also to pay the State of
California the sum of s1.25 per acre
when same becomes due.
DETAILS OF ALLEGED PLOT.
The last paragraph of the contract
provides that If Perrin should fail to
obtain title to the land Benson would
refund to him any moneys that he
might have received on account there
of 1t was agreed that there should
be no further location charges other
than the $4,000 already paid on account
of lands to be selected by Perrin in
townships "a and 25 north, ranges 8
and 9 west. Mount Diablo meridian
Appended to the contract is the fol-
lowing:
Received this 31st day of October,
1903, the sum of $4,000 on account of
the foregoing agreement.
JOHN A. BENSON.
The indictments charge that the word
nominees used in the agreement
meant names OF fictitious persons
whose fraudulent applications were to
be filed in the State land office at Sac
ramento by Benson. 1t is also alleged
that on November 1. 1903, the nominees
were to appear as the nominees of
Benson.
PLAN TO USE BOGUS NAMES.
1t is alleged also that Perrin caused
Charles P. Smell to write his name to
a large number of blank non mineral
affldavits. aggregating 100. which were
turned over by Perrin to Benson to be
fraudulently filled in and used as gen
uine affidavits.'
1t is also charged that Benson on
November 4, 1908, filed in the Sacra-
mento land Office fraudulent appIica-
tion in the fictitious name of r. NJ
White of. $40 Mission street, San Fran
cisco, for some of the lands mentioned
whereas White had not made such ap-
plication and did not. live at $40 Mis-
sion street, or anywhere else. The
name of John F. Forsythe, 407 Castro
street, San Francisco, Is mentioned also
as being on another fraudulent ap-
plication. the said Forsythe not being
in existence.
The second indictment charges a