Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-05-30

| refers 10 any OF the other defendants
The witness left the stand sufficient
| ly long to enable Joseph M. MaIIoy to
identity the hand writing of w. Dryer.
The identification was based upon the
plats mentioned above, which Mr.. Nal.
10y said had been made out by Mr..
Dwyer
| Dryer Negotiating Sale.
MI Fraley was recalled, and the plat
was introduced as evidence against
Mr.. Dwyer only. The defense object
ed, and the court ruled the plat out
! the second time.
The witness recounted several con-
versations with Dwyer relative to the
Clearwater lands, in which DIVER
used the words I'VE" and our lands.
The defense asked that all of Mr.. Fra
leys testimony be stricken out, say
ing that If the government intends to
convict these men, that it must do
1t by direct evidence and not by be-
liefs and understandings of witness.
To question put him by the Judge,
the witness said that while he and
Dryer discussed these Clearwater
lands, the plats in question were never
mentioned or used by them.
The court overruled the motion to
strike out Mr.. Fraley's testimony.
On cross examination the defense
asked questions, when objected to and
argued, brought forth the assertion
from the Defense that 1t suspected
that the taSfinnnx Of tha
concockted scheme with Special In
spector Goodwin to whom he impart-
ed the testimony, to railroad the de-
PENDANTS to Jail. The court held that
it didn't make any difference whether
1t was even fact the questions were
improper.
Norman Jackson, of weiser, Idaho.
former chief clerk of the state land
board from January, 1903. to January.
1905, was the next witness. The wit
ness testified that Dwyer M. C. Scott
and Edwin Bliss worked under Mr..
Goldsmith in the selection Of state
lands together with four other men.
These lands were filed early in the
year Of 1904. He had a talk with
Hester about that time relative to the
taking up of the lands. He said:
"Seeins" the Land Board.
Il was told that Mr.. Kester wanted
to see me relative to leaving out some
lands upon which we intended to place
script upon 1t, He said he had done
some valuable services for Mr.. Gold~
smith in the furnishing of plats ana
that in return for those services Mr..
Hester thought he ought to leave out
certain pieces OF land which would be-
valuable to him.
I'VE had this talk in the bank and
that evening we discussed It over
again. Mr.. Dwyer taking me out for q
buggy ride. told Mr.. Hester I could
do nothing of the kind, but thatI
would take 1t up with Governor Nor
rison and the land board / talked
with the governor about 1t and he said
1t could not be done, and the matter
was dropped there.
The defense brought in another of ita
alleged conversations, to which tha
witness denied all knowledge. When
asked if Mr.. Kester didn't say that
his script had already been laid, and
that he didn't want the state to set
aside he land and cause trouble, the
witness denied any recollection Of such
a conversation. s.r
George Ray Robinson, of Umatilla.
Ore. formerly of Lewiston, was the
next witness. He was one of the witt
nesses who helped convict Dwyer and
Robnet last fall of subornation ot
perjury. and his testimony yesterday
was similar to that of the other wit
neses who have testified to taking up
lands at the instigation Of the defend
ants. Robinson was one of the few
witnesses who did his business vita
Robnet relative to making the loana
incident to the taking up Of claim.
The cross examination developed the
fact that Robinson made several in-
effectuai efforts to dispose Of his
claim. saying that Mr.. Kettenbach ala
not want It. but that finally he was
forced to sell the claim to Mr.. Ket~
tenbach. the transfer resulting in witt
ness taking up his note held by Ket-
tenbach, It having been transferred to
him by Robnet. who executed II.
District Court Records.
| w. L. Clifford. clerk OF the district
court and ex-officio county clerk ana
recorder. at the instigation Of Districk
Attorney Ruick. Mr.. clifford prepared
La list Of the deeds, mortgages and re-
Iceivers' certificates on record in Ne1
Perez county made out in the pames
Of the defendants. The list was pro-
duced IN court and entered as evt-
dence. The introduction Of this list
was. II was understood. to check back
AGAINST the list from old Shoshone
county by Mr.. Fairwetther earlier in
the day.
Judge Dietrich called the district att