Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-05-29

a portion of the testimony gwen last
November at the Dwyer trial.
Secrecy in Acquiring Title.
The witness told of MIR. kester go
ing to him and asking him to see Has
brouck and Cox relative to their sell
ing him their claims, Mr.. Kester say
ing he would give $500 for the two
pieces of land. Mr.. Hasbrouck first
demanded $4,000 for his claim, but
later agreed to sell it for $1,000, as
did also Mr.. Cox. The agreement was
that these two men were to deed the
land to him, and he was to deed 1t to
Kester and Kettenbach. Hester placed
$500 to the credit of Mr.. Malloy, the
latter giving his note for the same.
After Malloy had secured title to the
land he decided 1t to Kester and Ket-
tenbach. Then. he demanded his note
back, but Mr.. Hester asked him to let
the note remain in the bank for the
time being, but giving him a receipt
for the same.
troduced this testimony 70 show the
secret circuitous methods of the de-
PENDANTS in unlawfully acquiring title
to land, 1t being the practice OF the
defendants to keep notes and mort
cages in the banks after deeds had
been made, just to deceive.
The defense objected to the presen-
tation of the receipt on the ground
that no one had been deceived by the
transaction, excepting, possibly, Has
bruck and Cox, and that no damage
had been done The court sustained
the objection relative to the presenta-
ton of the receipt and all the testi-
mony relative to the Hasbruck Incl
dent the court contending that the
range of testimony had broadened to
too great an extent.
Charles w. Taylor, of CIoverland,
Wash, was the next witness called by
the prosecution. His testimony rela-
tive to taking up claim was similar
to that of previous entrymen except
that he had his dealings with jackson
O'Keefe, now deceased, who had been
made a CO. conspirator in this action
had he lived.
Taylor on the Stand.
The witness told of deciding away his
claim and how, after government off,
Gals arrived upon the scene to investi-
gate land frauds that Mr.. o'Keefe re-
turned to him his title papers that he
might show them to the inspectors If
any questions were asked.
On cross examination Taylor said
Mr.. OKeefe promised him $3.50 for his
claim, but afterwards said that Mr..
O'Keefe told him that Mr.. Hester said
previous agreement could not be en-
tered into. He admitted that MIR.
O'Keefe told him that he would have
to pay Dwyer 500 for locating him.
He said that he borrowed the money
for all his expenses and to pay for
the land from Mr.. o'Keefe. giving his
note for the. SAME, having year in
which to pay for the same.
Taylor said he got $3.50 from O'Keefe
for his land, deciding the claim after
he had received title to 1t. declaring
that he had had no prior agreement
with Mr.. oKeefe regarding the sale
of the land.
On redirect examination Taylor said
that when he filed upon the claim his
understanding was that the claim was
to go to Kester and o'Keefe, Through
out his cross and redirect examination
the witnes was compelled to refresh
his memory by repeatedly reading a
former signed and swon to statement.
Prior Agreement Unlawful.
The witnes said to Mir, Tanns1lli
that he made the statement in Boise
at which tine District Attorney Ruick
told him that if he did not tell the
| truth he would be indicted. The wit
mes reiterated his former statement
that Mr.. o'Keefe told him that Mr.
Kester said there could be no prior
agreemenb because 1t was i'm awful
The defense then asked that the ties,
timony be stricken out on the GROUND
that Mr.. o'Keefe was not here to de
lfend himself, and that there was moth
ing in the testimony TO connect II witt
the defendants. The judge said h
would do so unless the prosecution
could show the connection. Assistan
District Attorney Johnson then rea
from the records facts tending to shoS
the connection. The witness, replyin
to questions put to him by the cour
and Mr.. Tannahill. showed that Nj
O'Keefe was his uncle. had known hir
about rs years. and that he died las
February.
E. ]. Taylor, formerly OF Cloverian,
Wash. but now resident OF Pullman
wash, nephew OF ]. NJ. o'Reefe. wa
called to the witness stand. He wa
still on the witness stand when coul
4