The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1909-11-17
Salmon River Stockman Guilt
less Of Perjury Charge.
RELIABLE MEN TESTIFY
Prosecution Said to be Insti-
gated from Spite.

A dispatch from Moscow to the
Tribune under date of Nov. 13, says:
Under instruction from Judge
DIETRICH in the federal court this
morning, the jury in the case of the
United States VS.. Frank Wyatt re-
turned verdict of not guilty. This
instruction had been given by the
court after he had sustained the OBJ
jections raised by the defendants at
torneys, Forney g. Moore, to the
introduction Of land Office documents
dealing with the homestead entry of
G. ]. Hall, these objections indirectly
attacking the sufficiency of the indict-
ment. Judge DIETRICH took as his
guide the decision of Judge Gilbert
Of the circuit court of appeals, in the
case Of Jones VS.. United States lin
this case it being held for a valid in
dictment it must negative the truth
of the statement set out in the lndlct-
ment as cause of action; that is, that
the matter alleged to be false must be
traversed. With the rule in this case
cited, and with the further view that
there was no allegation in the indlct-
ment of an issue pending and no all
legation that the same was material,
and showing wherein it was material,
the court said the evidence objected
to would not be admissible. So soon
as the ruling was announced, Assist
ant u. S. Attorney Upton said the
government had no further evidence
to offer, whereupon Judge DIETRICH
instructed the jury. AS soon as the
jury reported and recess was taken,
friends crowded forward to congrat-
ulate Mr.. Wyatt The action taken
permanently disposes of the charge
against him., He is known in many
sections of the state, being pioneer
stockman and business man, who dur
ing long and active career, has held
the esteem of all for his sterling integ-
rity and the splendid type of citizen
ship he had always represented in the
trying responsibilities of an old pio-
neer in doing his part in the develop
ment of the west Ii was the con-
tention of the friends of MIR. Wyatt,
that the charge against him had taken
the form of persecution directed by
bureau federal employees who had
seemed to be actuated by the view
that, in order to retain their employ
ment, they must do something to en-
barrass the citizen, and that in this
program it is the honest settler who
suffers. A large number of promi-
nent citizens had assembled here to
testify in Mr.. Wyatt's behalf, if the
case had progressed to point that
testimony in his behalf was necessary.
Among these was Judge Edgar G.
Steele, of the district court, who is
accredited with the statement that il
he found it was necessary, would ad-
journ for rhe period of the Lewiston
session of the court that he might be
present to testify. J. L. Eckert and
Seth Jones, of Idaho county, were
also among the witnesses here.
Mr.. Wyatt was charged with
swearing falsely as witness in con-
necton with the homestead entry oI
c. J. Hall on Salmon river. w. L.
Gibbons, as witness, and Mr.. Hal
himself were also indicted, AS the
form of the indictments was the same,
it is now the purpose OF the govern.
ment to dismiss those pending agains
Hall and Gibbons, and seek before
the present grand jury new ones
with the defects of the old Indictment
eliminated. However. as MIR. Wyatt
has already been placed in leopard.
on the charge and found not guilty
no further action can be institutes
against him.
This afternoon the government is
sued subpocnas for a number of wit
nesses TO appear before the gran,