Los Angeles herald., 1909-09-29
ISSUES IN LAND
FRAUD SUIT ARE
DRAWN SHARPLY
GOVERNMENT BEGINS EFFORT
TO PROVE CONSPIRACY
WOMAN sTENoGRAPHER PROVES
UNSATISFACTORY WITNESS
Unable to Remember Suspicious Con-
Versatons Between McPherrin and
kemper-Admits Rival Offices
Were UnfriendIy


issues between the government and
the men accused of conspiring to de-
fraud the people in the matter of fill
ings in the Imperial valley were very
sharply defined yesterday afternoon,
when the first witness for the prose-
cution, Miss Alice Henderson, went on
the stand. United States District At
torney A. l. MacCormack showed
plainly his intention to begin with cir
cumstantial evidence tending to snow
Paul McPherrin and Arthur Kemper,
named as conspirators in the indlct-
ment, We're employed by the California
Development company and the Impe-
rial Land company to make out Ming
papers and attend to annual and final
proofs for settlers who were directed
to the land or induced to settle on 1t by
the two companies. 1t was evident no
attempt will be made by the govern
ment to- connect the two Chaplins with
the case for some time until the parts
played by the two clerks and notaries
are clearly shown.
On the toher hand, it is apparent
from the line taken in cross eXamlna-
tion of Miss Henderson that the de-
fense intends to show that while the
two young men undoubtedly did ap-
pear as witnesses in large numbers OF
cases and made out many papers, tney
did so without any consultation or pre-
\ arrangement and wholly without any
material benefit to themselves, since IL
was shown that McPherrin at least
3Norked for a salary and gained moth
Rng for himself by appearing as a VIII
.Htess. He was only acting under m
, stfuctions from his employers, accord
ing to the testimony brought out py
Attorney E. A Meserve.
Time and Expense Saved
At the morning session a certain
number of formal stipulations We're
made as to the nature of the testimony
to be submitted Both sides were able
to reach the same ground IN certain
particulars, and much time and eX-
nense will be saved as a result. Ihe
submission of these stipulations ana
the explanations made took up the
time of the morning session.
In the afternoon the first witness Tor
the prosecution was put on IN MAJOR
J. N Patton, secretary of Imperial
Water company No. 7. He brought
with him the books of the corporation
and explained the nature OF each 10
fine Jury. Following him came Secre-
tarv E. H. Eckert of the NO. coih-
pany. for the same purpose
Miss Henderson was then placed on
the stand. She stated, in answer to
questions propounded by Attorney
MacCormack, that she was employed
as a stenographer and bookkeeper Ior
several years early in 1900 Tor Ihe
combined offices of the California De
yeIonment company and the Imperial
Land company in the Stowell block on
South Spring street.
She was asked to describe the ar
rangement and location OF the omces
with great particularly, although What
effect the location of certain rooms and
NlaFdA
into others at a later date may nave
on the case was not revealed
Familiar with Affairs
Miss Henderson said she was IA
miliar with the affairs of the office for
the four or five years she was there
that she knew McPherrin, the Chap
Inns and Kemper, and that she saw
item there frequently. She described
the various tasks of the employees in
thr office and the routine of the work
as she remembered it after so many
years had passed.
District Attorney MacCormack then
led her to testify that McPherrin, who
was then a clerk in the office and
notary, received those who came in
reference to land in Imperial valley;
that he made out for them their papers
when filing and that he afterWard at
tended to their annual proofs for them
cases. He endeavored to show by her
that McPherrin and Arthur Kemper,
who was then employed in a similar
capacity in the office of the OakleY
Paulin company to that held by Nc
Pherrin in the California Development
company, were frequently together and
that they had many conferences to-
gether that might have been taken to
be held for the sake Of talking over
plans or possibly laying a conspiracy,
Miss Henderson, however, was unable
to remember any such state of affairs
or indeed to have seen them together
more than a very few times.
When Mr.. MacCormack was en-
deavoring to connect the two compa-
nes through connecting McPherrin and
Kemper, Attorney Meserve for the de-
fense raised an objection, saying the
two .,..u not been shown to be con-
nected or affiliated in any way. The
court said:
Judge Rebukes Attorney
"Does it not already appear there
was one general scheme on the part
of these companies to distribute water
over these lands and to"
Here Mr.. Meserve interrupted hims4
springing to his feet with an abrupt
gesture.
'If your honor means scheme to
spread water over those desert lands
yes. But if you mean there was a
general scheme between the two to
conspire to defraud-"
Judge Wellborn's fist came down onI
the bench with a thud and he leaned
far forward in his chair, his face
scarlet
"Mr. Meserve, the court did not
mean any such thing and did not say
anything that, by any possible stretch
of the Imagination, could be taken to