Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-05-24
CONFLICTING STATEMENTS
DUPLICATING FRAUD
Witness H. F. Lewis Creates Sensation by
Testifying Interpretations Were Made
In His Affidavit

he didn't turn his land over at that
time, Mr.. Kester said to him:
''There is no hurry; just take your
time"
1t was not until about year later |
that he transferred his claim to Mr.. |
Kester. He said that one day he /
CHANGED to be in the bank when Mr.. |
Kester suggested they make the trans
fer then and there, which he did.
Mr.. Lewis said that at the instiga-
tion of Mr.. Kester he induced his
brother to deed his claim to him, and
that he eventually decided 1t over to
Mr.. Kester. Charles Mcdonald exc
cuted the Lewis deed, the witness 60
ing to McDonald~at the instigation of
Mr.. Kester. He said the papers were
made out after he reached McDonald's
office. He said he thought the deed
was made out to the Lewiston Ma
tional bank, but h S attention was call
led to the fact that national bank
can not hold real estate. The witness
said he had the deed recorded at the
suggestion of Mr.. Kester.
! Mr.. Lewis said that he and his
brother received their money for their
claims at about the same time.
Dwyer Says, "SticI< Together"
/ The witness sa d that soon after he
had first been subpoened he met Dwy-
er on the street, that Dwyer asked him
if he had been subpoened, and when he
said yes, Dwyer said to him:
| 1T is not much of a case; we have
good lawyers and If we all stick to-
gether we will come out al right
On cross examination witness said
he made statement for the prosecu-
ton, which he signed. He denied that
s.nce last November he had discussed
his evidence with any body Mr.. Lewis
said his understanding of his selling
his right was the whole transaction up
to the deciding OF the land to Kester
and Kettenbach. He said he did not
know what Dwyer's understanding was
! about what constituted his selling his
, right.
Lewis said it was some time after
he proved up that he transferred the
fland to Mr.. Kester, but that in the
meantime he had attempted to sell IL
to c. w. Williams Joseph Malloy and
:, the Potlatch Lumber company. He
:. said that he had an understanding witt
: Mr.. Kester that If he could sell th'
: land for more than he was willing t.
give for 1t that he should do so. Blu
: he found that he could not do SO, 81
- he went back to Mr.. Kester, sold hin
the claim and took up the notes o
= himself and brother. The witnes
= denied making a statement to Dwye
~ In which he said he was sorry "abou
:, what took place up to MOSCOW" bu
:. that he was forced to lie because h
!. was brow beaten and intimidated
. District Attorney Ruick and AssistaI
District Attorney johnson. and that h
:, was ready and anxious to make
>. statement to that effect The coul
!, refused TO permit the conversation |
be admitted because 1t had not bee
= sworn to. Then Attorney Tannahi
handed the witness a statement whit
~ the defense said had been made
- witness as a result of the conyersatit
y mentioned above with Dwyer. whi,
conversation took place at Lewisto
he in November, 1906. After being shov
ha the paper. and asked II he made I
,st statement, Lewis replied:
his Says Statement Was Padded.
dr. There are some things in the
nk. which / swore to, and some which
ter did not"
nd "But that is your signature to
by document, is it not?" asked Attorn
ent Tannahill
,es. THAT is my signature" replied
wis witness. '.but some of the things
the that statement / never made"
The witness said he did not RENE
ber whether he went to- Mr.. McDt
he ads once alone or not. He den
ank that Mr.. Mcdonald read the staten
.iv- to him. Judge Dietrich stopped fur
his er examination Of witness concern
to the statement on the ground that
His cross examination could not conti
and unless the statement had been ada
ked ted IN evidence. It was then han
He to his honor to read. It was brou
him out by the defense that the witE
'ney took the statement Mr.. Mullen
have him swear to il. but that
$ at Mullen refused.
fter Attorney Tannahtll then asked
and witness:
inns, "whiie on Crab creek. either in
why or May. did you not say to wsl