The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-01-17
FIRST slap
AT FULTON ]
FRANCIS HENEY TELLS or ORE
CON eENAToR's RELATIONS
TO FRAUD.
COERCION USED

Prosecuting Attorney In Oregon Land
Fraud csses Describes How District
Attorney Permitted Land 70 Be u
legally Fenced and How Senators
Trafficked for Votes.
Portland, Jan. 16. Francis ]. Heney
in his opening address in the Hall
Mays case today launched his first
javelin at United States Senator
Charles w. Fulton. When the hearing
was resumed In the federal court this
morning Mr.. Heney began his argu.
ment He said, in brief, that during
the several years prior to 1903 the
Butte Creek Livestock. Land & Lum-
ber company caused the Illegal filing
on and secured government lands In
eastern Oregon located in such man
ner that one claim Joined with an
other formed hollow square that en-
closed a vast area OF government land.
DulaDg the years that the company
had been securing these claims, Mr..
Heney stated, both Hall and Mays, the
latter assistant district attorney, were
repeatedly notified of what was going
on by small land owners IN that sec
tion.
Hall. Mr.. Heney declared. success
fully STALLED" OF these complaints in
various ways, until man named Put
nam finally wrote personally to Secre-
tary Of the Interior Ethan "A. Hitch
cock.
Halls purpose" continued Mr..
Heney, was this: His term as dis.
trict attorney was about to expire and
he wanted to be reappointed. w. w.
steiwer "a etockholder IL the Butte
Greek company, who IL under indict.
ment with Hall and Mays). was 4
state senator. John n. Mitchell was
q candidate and Hall swaz interested
in Mitchell. hoping thereby 70 succeed
himself, and steiwer's vote was need.
ed. Hall threatened steiwer to Re.
move the fence. The threat was IN
tended to coFce steiwer to vote Tor
Mitchell. 87S
I'm 1908, Hall had not been reap.
pointed. Fulton was a candidate for
the senate and Hall wanted Fulton.
elected so he could hold his position.
Fulton, to be elected, Aad to hav" tie
support Of Geors.. n. Brownell, an.,
Brownell wantel IT, he United States
district attorney.
HE was q rival of Hall for the place.
steiwers vote was wanted Tor Fulton.
In 1908 Dixon. q special agent, was told
to investigate the fencing through q
letter from Hitchcock. Dixon, was or.
dered TO confer with Hall In Octo.
Der Of that year stsiwer met Hall and
asked him for time IN which to re.
move the fence. but Hall replied he
could not give Il.
"steiwer wrote to r. p. Mays Al
Portland to have him take no action.
Mays went, but could not stop him.
Then Fulton went and succeeded IN
getting Hall to take civil instead Of
criminal action. Dixon had ordered
criminal action. Hall discovered that
Brownen had the promise Of Senators
Mitchell and Fulton for district attor-
ney. Hall also learned through an
agent named Greene that Brownell
had taken acknowledgements In public
land Documents where the names had
been forged and the parties had not
appeared before him. Hall told Brown
ell it would kill Brownell politically
II he was indicted and prosecuted, and
offered not to prosecute II Brownell
would use his influence with Fulton
and Mitchell for Halls reappointment.
ReIeasss Fulton. @
"Brownell gave Hall q letter releas-
ing Fulton from his pledge, but the
day after Brownell also wrote a letter
saying that the Fulton letter don't co.
Hall heard Of this second letter OF
Brownell's and, meeting him, ordered
an absolute withdrawal from the race
or ne would prosecute Brownell Then
to see that Brownen did not play a
double game. Hall went to Washing
ton and saw Mitchell and Fulton TO
get their support for his reappoint-
ment in consideration for his not pros
acuting Brownell. Hall returned to
Portland in 1904 with these promises q
Judge D. r. Webster. counsel for
Hall. followed Heney. His statement
was q general denialiof the statements
made by the special prosecutor. He
declared that Hall had not heard Of
the Illegal fencing until 1901. He de.
MED that Hall ever mixed politics with
his once and denied that Hall barter.
ed Immunity for alleged land grab.