Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-02-24
DEFENSE In LAND
FRAUD TRIAL
MOTION no DISMISS INDICT.
MENT AGAINST KETTEN-
BACH DENIED.
Testimony to Show Evidence of Pros
ecution Untrue.

BOISE, Idaho, Feb. "a After
counsel for the government had
been compelled to confine their case
solely to the claims of the entrymen
mentioned in the indictment, Special
Assistant Attorney G. F. Gordon
announced that the prosecution rest
ed, and Attorney Tannahill leading
the defense Of Kester, Kettenbach
and Dwyer, charged with conspiracy
to defraud the government out of
valuable timber along the Clearwater
river, moved the dismissal of the in
dictment as to Kettenbach on the
ground that there had been no evil
dence connecting him with the alleg-
ed offense. The motion was overrul-
ed by Judge Dietrich, who stated
that he did not care to hear argu-
ment.
The court ruled that the evidence
of Norman Jackson, state land Sc
lector, given at the Moscow trial,
which resulted in the conviction OF
the defendants, should be admitted
in that Jackson was shown to be
dead. Jackson testified at that time
that he had accepted the Goldsmith
selections of land after he had been
approached by one of the defendants,
who asked him to exclude certain
areas from the states selection lists.
The object of the introduction OF
this testimony was to show the
operation of the alleged conspiracy
extended to political favoritism and
the conspirators procured the APP
pointment of Dwyer as an assistant
to Goldsmith for the express pur-
pose of preventing the state from
filing on certain timber lands which
have since passed into the hands OF
Kester and Kettenbach.
Witnesses for Defense.
The defense in opening its case at
tackled the evidence of Ivan R. Cor
nedd, who had testified that he had
entered into an agreement with the
defendants to make a filing upon
timber land and to convey title to
them for 500.
William Schultz stated that he had
been the sheriff of Nez Perez county
in September, 1908, when Cornell had
come to him and asked him to inter
eede with Chief of Police Marsters
of Lewiston, stating that Marsters
had "vagged" or threatened to ''yag
him, and asking him to intercede, for
as soon as he sold his timber claim
he would be ION his feet"
Chief of Police Marsters of Lewis
ton testified to substantially tbs
same matters as related by Schultz
Hiram Lewis, who was suddenly
called into the court room while Cor
nell was ON the standoto confront thu
witness. and to whom cornell de
clared he had never made the state
ment that the defendants are al
and should be sent to th'
pen,' testified that he had had /;
conversation with Cornell in the cor
rldors of the federal building sine
coming to Boise in which Cornell
made such a declaration.
Impeaching Prosecution Attorney.
The guns of the defense were mex
trained upon Fred G. Morrison 0
Charleston, half a dozen citizens o
that community testifying that hi
reputation for truth and veracity i
bad. Next to Cornell. exceptin
Robnett, Morrison's testimony wa
considered the most damaging to tn
defendants. Morrison stated tina
he had been solicited to make tim
Der entry by Dryer. who informe
him that George Kester would furnis
the funds and there would be som
easy money" in IT,
John Brady. a banker OF Keno
rick, Latah county, was an impori
ant witness for the defense. testify