Los Angeles herald., 1909-09-30

with such a set of numbers and when
the new survey is made we Will make
out your papers with descriptions py
metes and bounds. for the old survey
is Incorrect
Just here General Prescott, register
of the United States land office, VINO,
during the long argument had been
squirming uneasily in the witness
chair. turned abruptly to the court
and in an indignant manner blurted
out:
"Have 1 any rights in this matter"'
The court shook his head.
"None save that of a witness" nc
said, and the register settled back in
his chair.
Prescott Given Chance
Later, however, the receiver was al
lowed to address the court, He said
Mr. Meserve had made statements con-
corning the practices and custom OF
the land office which were not In line
with the facts in the case. The court
recommended that he refer them to
the governments attorney which, after
the adjournment, he did.
1t was during the argument on this
point, "a vigorous share In which was
taken by Attorneys Lawler and Nc
Cormack, that the defense, perhaps in
advertently, let slip the two other
technical points which will be used
among other weapons to fight for the
freedom of their clients.
One was made by Attorney Davis,
who was credited by his associate,
Mr.. Meserve, with discovering it on
his entrance on the case a short time
before it's opening. This point is that
the law requires an allegation that the
men accused had knowledge that the
lands they are alleged to have con-
spired to gain control and possession
of were public lands and that they
were open for entry.
On this point the defense touched
only lightly but it was plainly evil
dent they intend playing it later as a
very valuable card.
Attorney j. N. Eshelman, district at
torney of Imperial county, fathered the
third point, making it in vigorous reply
to casual assertion by Attorney
Lawler. This was that even If the al
legged incorrectness of the old survey
made it appear at a later period in the
progress of the trial that the alleged
conspiracy, had it been entered into
would have been rendered later abor-
tive by the fact that none of the de-
scriptionS were correct or binding, the
conspiracy to defraud the government
would still be a criminal act
Government Lawyers Confident
Throughout the day the principal
fact made clear by the tactics followed
by the defense was that largely it's case
will depend on technicalities. That the
two boyish looking young men in the
governments cause smile serenely into
the set and worried features of seven
or eight of the best defensive attorneys
in Southern California each day and
win point after point in the preliminary
skirmishes is proof that the indict-
ments are causing a certain amount of
worry.
The first witness of the morning was
Miss Alice Henderson, who was on the
stand at adjournment Tuesday evening
| Nothing of Importance was brought ou'
| in the continued crosS-eXamination.
Following Miss Henderson came
Harry G. Stephens, formerly a clerk IL
the land office in Los Angeles. He was
on the stand for almost two hours tes'
tifying to the signatures on various
documents offered for Identification. A
fine point that may be made later Wher
the defense needs it came up at TINS
time when it appeared the indictment
sets forth the filings in question were
made ION a certain form prescribed by
the government" and the defense
stated the filings were, as a matter o1
fact, made on forms printed by the
California Development company at its
own expense and differing in some re-
spects, according to Attorney Meserve
from those furnished prospective set
tiers by the land office officials.
Register Prescott Called
Following Mr.. stephens. who will be
subjected to cross-eXamination at g
later period District Attorney Nc
Cormack asked that Major Prescott
be called. The register of the land Of
| flee is a particular man, with mill
tary punctiiousness about precedents
forms and titles. Several in the room
who knew this corrected Mr.. MsCor'
mack by suggesting: It's Genera
! Prescott
general Prescott" Mr.. Mccormack
repeated promptly.
Bailiff Ralph Dominguez, who knows
neither rank nor form, went into th(
| hall with heavy tread.
"Mr. PRESCOTT" he baWled. General
Prescott, apparently without seeing OF
hearing the man, walked calmly to his
seat.