Daily capital journal. (Salem, Oregon) 1903-1919, 1906-07-26

DAILY CAPITAL JOURNAL, sALEn,
! that he had paid $25 in gold as his To-
cation fee. Miller had testified that
Hoge was given the receipt in return
for his services in getting five locators
and did not pay cent of money for it.
Hoge further denied that he had ever
rounded up locators at $5 head as
Milled had testified He declared tnat
the contract he signed was not to deed
over the land but to sell the stumpage.
Hoge Makes Denials.
Othet important dDnials were made
by Hoge. He did not meet DR.. Give
Major and his "bunch' at the Med
ford station and ask, elbow much
money is there in the crowd7" He
thought possibly the man who did that
was Walter c. Hoag, barber of Mel
ford. The witness further testified
that Miller engaged him to write let
ters in regard to mining deals, telling
Hoge that he would hire him as an at
torney and pay him percentage on
sales of mines. He paid literally fo
writing letters, which liberality, ac-
cording to later testimony, amounte!
to $15 in all. This gave Hoge faith in
Miller, and thinking of big profits in
future mining deals he wanted to help
Miller all he could.
Hoat swose that he had personally
examined the timber land on which he
filed; that he heard nothing of the
Emmettsburg of New Zealand until
after he had filed, and that he be-
lisved the Emmettsburg was genuine
corporation. He was never in the Of
fee of United States Charles Nickel
when filings were made, and any one
who said so must have been mistaken.
The one who said so under oath was
Nate Webb.
The defendant Hoge was still on the
witness stand when court adjourned at
noon.
Other Witnesses Called,
| During the early part of the morn
ing session the prosecution put on five
witnesses. Noah Leabo, like Solomon
Landes and Adam Crawford, was a vie.
tim. He hailed from Placer, and his
experience cost him $3.50. Henry C.,
Buckman of Medfo-d and Henry Zim.
norman of Placer told what happened
to them. OF the three, Leabo gave the
most important testimony, for he
swore that Commissioned Nickel mum.
bled the words of the affidavit AMI
when asked to read it again said:
"It doesn't make any difference; it $
msrely matter of form"
A. S. Bliton, United States commits.
sioner at Medford, testified that when.
ever he took affidavits of locators he
was careful to read everything that
the printed form contained and never
| The purpose of this was to contrast
| Bliton's method with that of Nickel
who had printed forms which omitted
the nott in regard to perjury. The
Emmettsburg locators sworn by BlitOn
were Hancis A. Fisher. Edith NJ. But
Ter, Thomas T. Hill, Fred c. Milton,
William Devault David T. Irwin, Mar
tin G. Hoge, Charles G. Johnson, Max
w. Luckenbach, Samuel T. Richard.
son, Andrew L. Johnson, Jennie p.
Cleland, Samuel p. Cleland, Joseph
Phelps, Martha E. Irwin, William +.
Piening, Frank X. Fitch, John E. Plais-
ted, John +. Clutches and George f,
Plaisted. At the time he swore the
applicants BlitOn knew nothing of the
plan under which Miller was operat-
ing Afterwald he learned from
Charles Tull that a swindle was being
perpetrated, and thereafter he tilcd no
locators for Miller.
Joseph T. Bridges, formerly registe'
of the land office at Roseburg, was the
government last witness. He testl'
fed that the printed forms sent from
Washington for use in making timber
land entities contained a footnote relat !
ing to perjury and its punishment. On
cross-examination, Bridges admitted
that he had then removed from office.
The defense admitted that none of
4ba MilIer loeations went 10 final !
proof, copies of Nickell's Jacksonville |
newspaper containing notices of loea' !
ton went in evidence without objection
and the government pronounced it'