Los Angeles herald., 1909-10-02
CASE RESUMED
WITH RED TAPE
CLEARED AWAY
REGISTER PRESCOTT 0CCU-
PIES STAND ALL DAY
BECOMES APPARENT DEFENSE
WILL BE TECHNICAL
Attorney for indicted Men EndeaVors
to Prove Land Office Records
Are Not What They Pur-
port TO Be

With most of the technicalities
cleared away, the trial of the three
men charged with conspiring with Ar
thur Kemper to obtain lands in lmpe-
rial valley by fraud was continued in
the United States district court in the
Tajo building yesterday somewhat
more to the purpose. Frank c. Pres
colt, sr., register of the Los Angeles
land office, was on the witness stand
all day, but was dismissed, for the
present at least. just at the hour for
adjournment.
General Prescott continued in the
morning to connect, on questions from
the government papers introduced in
the case and relating to entries and
proof on them on land involved in the
alleged fraudulent conspiracy, with
the records of the land office. He did
so promptly and with none of the con-
fusion usually attending such identi-
fications, as he seemed positive OF MS
ground.
Taking the witness at II o'clock in
the morning, Attorney Lecompte
Davis, for the defense, opened a gen
eral attack on the ability of the wit
ness to actually connect the two or to
show from the books or papers intro
duced that they We're as a matter OF
fact, what they purported to be.
Technically, perhaps General Pres
colt was proved unable to say the pa
pers handed him were the papers
originally filed, that they covered the
locations they purported to cover or
that the records made in the tract
books of the land office were in any
way associated with those papers. But
actually he clearly and convincingly
outlined the workings of the land de-
partment in such matters and proved
beyond question that each paper
submitted by the government is exact
ly what it purports on its race TO De.
Save for adding to the rapidly accu-
mulating list of exceptions to adverse
rulings made by the attorneys for the
defense, the long and critical cross
examination of the witness appeared
to have served no purpose at all.
Jury Forgets About Case
AS an illustration of the tactics to
which the defense is resorting, part
of the line of ross-eXaminatlon m
dulged in by Mr.. Davis may be clted.
Referring to the tract books orought
before the court in the matter he
| asked:
rs there anywhere in that book
ANYTHING to show that it is a record
of lands owned by the government
"Only in so far as it contains refer
ence to certain tracts and rieces or
land that were placed on the RECORDS
solely for the purpose of being taken
up"
"Does that book show how or when
the government gained possession or
that land?'
IT suppose the records of the land
office in connection with which this
book is issued show the treaties and
transfers by which the government
possessed itself Of the lands" the wit
| ness replied.
"But as far as the book itself goes,
unless you knew it was issued as
mart of those records, there is nothing
to indicate how or when the govern
ment gained title to those lands or
that as a matter of record, it ever did
So is there?'
mo: in that book there is not"
Having caught the drift of the at
| torney's questions, the jury leaned
back and forgot the case. one or
| them dozed. The official records will
show the questions were asked ana
| answered, but it is exceedingly doupII
| ful if the line of technical defense Will
greatly strengthen the case of the de-
| fense, particularly since the court mas
shown himself so resolute IN rullnS
| against cumbersome and fatuous OBJ
stacles thrown in the way OF the gov
| ernment's evident intention to get at
the truth of whether or not the Chdp-
Inns and men of their business in the
valley were criminal in their trans
actions. ,- =
Owing to the fact that Saturday is
not a working day in the district court
and that Monday is law and motion
dav in the circuit and district
branches of the federal court, the
fraud case will not be taken up again
until Tuesday morning at lo:SO
o'clock.