The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-11
COAL LAND CASES
ARE DISMISSED
NoIIe Prose- Entered in Suits
Against Charles NJ. Freed
and Others.
CONSPIRACY AGAINST
GOVERNMENT CHARGED
Alleged Fraudulent Entries Now
Will Be Challenged in
Land Office.

4 nollc prose- was entered Wednes-
day afternoon in the United States
cour, by Judge f. \. Maynard, the
spccial attorney OF the government III
the prosecution of coal land cases, 10
the Indictment against Charles VI.
Freed. Walter G. Filler, Don 6. Rob
bins aud Edwin w. Senior. The indict-
mcnt charged conspiracy against the
government. and was returned by the
federal inry January lS, 1907.
In the charge it was held by the
government that the defendants had
entered into a conspiracy, on or abont
! Sept |, 1905, whose purpose II WAS
| TO secure 1000 acres OF coal lands III
| Emery county by process contrary 10
| law According TO the prosecution, the
dummy entry system was employed
| Robbins. it was alleged, acted hs agent
for Filler. who put up most of the money
! in the transactions TO secure entry by
persons who had no intention OF set
| Ting on thc lands taken up by them
| These '.dummics numbered twenty
eight and. according to the government
were each paid sums ranging from : Tl2.
! TO SlT5 for their services. Money Wa
! deposited in the bank TO thelr crcdi'
| for which they took a cashier chcch
! i'm each case for $1,000. or $lU IN acr,
! for the 100 acres which they entered
npon. Then they applied to the Lame
! Office and were given receiver re
GENTS for ihc money they paid in. \
! total of $4,000 was paid in TO the OF
! fee of tllc receiver. and this money lh'
government now has.
Freed Gets Receipts.
As soon as they got their receipts
! il was set mn the dummies turucC
them over TO Freed who was gwen
first mortgage on the lund. Freed
now holds the receipts. but the land ha
never been patented and Freed S in
tcrcst. consequently, is restricted TO
right in equity,
+. w. Senior entered into the cas-
because he acted as attorney for tb
other alleged conspirators and drew nj
the papers for them. Mr. Senior as
serted that his connection with the mat
ter was purely professional and that n
had no knowledge of any intention ol
the part of Freed or any one else L
defraud the government, Mr.. free'
also asserted Ahat he bought the re
ceipts in gcodfaith.
The hearing of the case has bee
POSTPONED a number of times. chletl'
on account of the illness of Mr.. Freed
Last spring Mr.. Senior demanded sew
erance-that is. separate trial-an'
Judge Marshall notified the prosecu
tion that the Senior case must be trie'
this fall.
In view Of the fact that the higbes
absolute proof must be produced by til
government TO convict a defendant o
conspiracy. and that another and easle
road to the accomplishments Of tho sam
lend was open. Judge Maynard entere
a uolle Wednesday. The entries vii
now be challenged in the land office
The commissioner Of the general lau'
office will be notified of the objection
TO the granting of the patents TO tk
land. The commissioner. iu turn. vii
notify the local land office 10 order
bearing, At the hearing the govern
mcnt will present its proof of fraud II
support of its claim that the patent
should not ISSUE. but that the title o
the land should continue to rest in tn
United States. where il now rests.
Other Cases Dismissed.
In the past Judge Maynard has dis
missed indictments against u number o
individuals charged with conspiracy Z
secure coal lands by fraud. notabl.
in the case of the Utah Fuel com
pany. in which the prosecution contn
ued against tho corporation only Th
government III that case received
large sum of money for coal already eI
tructed and had the land restored II
addition Tuasmuch as the governmcn
has the $4,000 and also the title il
the case in which Freed aud the other
are involved. there is no desire 10 pros
ecutc them individually criminallv. Il
would have been the case had the in
dictment been carried TO trial in cour
The government must now in the lane
Office prove fraud on the part of Free,
and his co-defcndapts ar the patent
will issue. If the defendants can SHOW
that there MAS no clcmrut OF fraud. o
course. the patents will issue rs a natnr
| 1l consequences