Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1906-11-01
co SCOTT FREE:
Pierre Citizens. are Relieved
From Any Further
Prosecution.
Land Fraud Cases Against Ay-
res and Others Are
Dismissed.

Sioux Falls Press: The ca of the
Emitted states of America VS. The Gas /,
Belt Land Il Abstract company of Pierre
was brought to Il sudden termination |
in the federal court in this city yester-
day, by the court, in sustaining a mo-
ton OF the defendants, presented by
their att ,rney, that the court direct a
verdict in their favor, on the ground of
the insuiliciency Of the evidence to
show that the acts OF the defendants
constituted crime.
r.. W. Stewart, of the defen dants
counsel, offered this motion at the con-
cluslon of the introduction OF evidence
by the government and the court after
briefly reviewing the evidence introduce
ed by the government, sustained the
motion to direct verdict for the de-
PENDANTS and the case, which has be
come almost famous, was concluded.
The defendants walked from the court
room, free men.
Mr. Stewards contention was that the
acts of the defendants, admitting all
that was charged against them to be
true, did not constitute crime and the
court evidently held that, view of the
matter.
United States Attorney Elliott, when
asked to say something concerning the
sudden termination of tire case said
that the ruling Of the court upon Mr..
Stewards motion, did not surprise
him. That he had contended that
there had been no crimes from the time
the case mad been placed upon the cal.
en- ar and the indictments returned.
Thomas II. Ayres of Pierre, one of
the members of the Gas Belt company,
said last evening:
"Whil we are gratitied at the result
of the trial, we still think that a great
injustice has been perpetrated. 1t has
s cost us $4,000 In money, to say
nothing of the loss of time, which is d
great deal to men who are in active
business.
"Our chief complaint is that Messrs
Moore and McEnery, the special agents
of the government, should have known
at the time the Indictment was secured
that there was no case to be made be
cause there had been no crime commit
ted, and it is my opinion that they pur-
making record with the departmel
Of justice.
"That they prevented us from goin!
before the United States graud jur.
with our side of the case. 1t we hat
been permitted to do that no indict
ments would probably nave been found
the government would have been savet
the expense of the trial and we Woult
have been saved the expense and hum
llation to which we have been put.
at has cost the government in tn
neighborhood of $4,000 to find on
that no crime has been committed,
fact which ought to have been know
to these special agents before they plac
ed their daCa before the grand jury.
"While we have been eXonerated, tn
arrest and trial constitute an mpeach
ment of character which we may hay
to defend all the remainder OF our live
MIR. Ayers and his associates in til
case received cordial congratulations {
u multitude of their friends in Sion
Falls yesterday, after the case had bee
concluded.
Petan, who was one Of the defen,
ants in this case is under sentence
serve a term of imprisonn ent in ja
he having pleaded guilty to the indie
ment Some time ago. The other d
PENDANTS, however, are determined
do everything possible to obtain reli
for him, though definite annouDceme1
has not been made as to what will
done in that direction.