Los Angeles herald., 1909-09-28
PLEAD GUILTYTO
LAND FRAUDS IN
IMPERIAL VALLEY
TWO INDICTED MEN ARE FINED
$3.50 EACH
CHARGES AGAINST j. w. OAKLEY
ARE DISMISSED
Jury Ready for Trial of Chaplin Broth
ers and Paul McPherrin, and
Case Will Be Resumed
Today

Admitting their technical guilt, but
steadfastly denying any deliberate
criminal intention, two of the men IN
dtcted last winter for conspiracy to de-
fraud the government in the 1mperlal
valley pleaded guilty yesterday morn
ing in the federal court and were SEN
fenced.
The men who acknowledged their
guilt were H. C. oakley and Arthur
Kemper. both of whom were fined SOU
by United States District Judge DIN
Wellborn. A third w. Oakley,
brother of H. c. Oaklay-was granted
complete exoneration, all the charges
against him being dismissed.
This rather sensational climax was
sprung most unexpectedly shortly after
the opening of court. The jury to TRY
four defendants of the ten indicted mad
been secured Friday, and 1t was eX-
pected the case against these four-the
two Chaplin brothers, Paul McPherrln
and Arthur Kemper would be opeheu
with the introduction of actual tesu-
mony. But Attorney oscar Nlppet 1or
the Oakleys announced that MS cllehI'
H. C. oakley, was ready to plead guilty.
The attorney then set forth with great
exactness his contention that Oakley
was guilty only of a technical fraud.
Oakley stated his desire to plead guilty
and threw himself on the mercy OF the
court. Judge Wellborn accepted the
plea and the explanation, and fined the
defendant $3.50.
Indictments Dismissed
Arthur Kemper, who was named in
each of the several indictments re-
turned, then signified his desire to DO
the same thing-with the same explana-
tion. He was allowed to take that ac-
ton, was fined, paid the fine and LETT
the court room. All the other lndlct-
ments against him were dismissed, as
were ali the counts on which ]. w.
Oakley was held.
In his statement concerning the gov
ernment's position in the matter, Unit
ed States attorney generals assistant
Oscar Lawler. said:
II am prepared to indorse what Mr.
Trippet has said, that these two men
are victims to a certain extent. j. W.
oakley. while we find his name was
involved in one of the entries which has
been made, was out of the city at the
time il happened, and SO far as the
government is concerned, believe 1t to
be the fact that he knew nOthing about
the matter whatever. 1t was put in his
name without his knowledge. Whlle II
may be possible that thereafter ne
eAGEClSG lilC NehAC NA1eAS ~ S44CN
in seeing that he was divorced from the
irregular transaction, l don't think his
conduct is such as to justify severe
punishment on those facts. Mr.. kem-
per was an employe in the Office of H.
c. Oakley, and his name appears in
various places throughout the proceed
ings that are involved in those indict-
ments. He is a young man of excellent
character, whose conduct heretofore
has been exemplary, with the exception
probably, of these transactions.
Recommends $500 Fine
while I cannot bring myself to be-
lieve they are consistent with abso-
lutte honesty and fair dealing, 1 am
prepared in both cases, having SAID
enough on the subject, by saying that
1 believe they are to some extent vic
tins to say to you that the government
will recommend to your honor not that
the minimum be imposed, for that
could not do, because the minimum is
a very nominal fine. We will not ask
and do not propose to ask that they be
imprisoned, and we will recommend
that the fine be made not to exceed $500
in each case.
'"They did 1 may say, it is true, come
to me twice with the almost urgent
plea that they be allowed to state all
of the facts within their knowledge in
the case. It was my practice while
United States attorney not to talk to
defendants except in the presence of
their attorneys, and l declined to dis
cuss the matter with them or advise
them, and said that whatever they
might say, independent of any negotta-
tions, would be used against them on
the trial of the case, and they would
say then that it was immaterial to
them-that they wanted me to have
the facts so far as they knew.
Their conduct i'll this matter has
been commendable since the investiga-
ton commenced. They have not at
tempted in any way, direct or indirect,
SO far as l know, to conceal the facts
or prevent the government from get
ting every witness that was available
and knew anything of the transactions,
so far as they were involved. They
have conducted themselves in such
manner as to indicate to me that they
had done wrong, and that they were
willing to atone for it,
The Court-The government does not
ask Imprisonment?
Mr.. Lawler-No sir We ask that
they be not imprisoned, and we recon-
mend a fine not to exceed $500 in each
case.
Court Imposes Fines
The Court-With that statement of
lue SoYerHiIeHt Coullsel my uuly 10
relieved of any embarrassment. The
defendants have now entered a plea of
guilty, thus showing a disposition not
to subject the government to further
expense and time, which is worthy of
consideration in determining the penal
ty. The judgment of the court is that
each of the defendants be fined $3.50.
After this incident court adjourned
until 2 o'clock At that time attorneys
for defense and for the government
asked leave of the court to take a re-
that a, set of stipulations might be
drawn up and agreed to, by which the
taking of testimony might be materially
fastened. The request was granted
and a continuance was ordered.
1t is understood the dismissal of the
cases against the Oakley brothers has