Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-02-16
SECURE JURY IN
LAND FRAUD CASE
TRY kESTER, KETrENBACH AND
OTHERS ON THE CHARGE
OF CONSPIRACY.
Trial OF North idaho Men Begins in
Earnest Today.


BOISE, Idaho. Feb. t6.--After an
all-day's searching examination Of
talesmen In the United States district
cart jury was procured and sworn
Just before adjournment yesterday
afternoon to try william 70. Ketten-
bach, George H. Hester and William
Dryer for conspiracy to defraud the
United States out Of valuable timber
land along the Clearwater river in
Nez Perez county, charge based
on Ave consolidated indictments.
three OF which were returned Ia 1905
and the others In 1907.
feature OF the progress of the
case was the fact that but three OF
the 2S members OF the yenIre exars.
Ined were disqualified for statutory
reasons, all Others asserting that
they had obtained no knowledge
which would affect Their delIberation
In arriving at a verdict. This Is ex-
planned by the order OF the court In
granting change OF venue from Mos
COW 10 Boise.
Consolidating indictments.
All peremptory challenges we're ex-
ercIsed by both sides. ON motion OF
Special Assistant Attorney General
Gordon, who Is the head OF the prose-
euAfnn TtAua Utot-Eah ..s...-4ta.s-a
indictments 6O5. COZ and OF re-
turned in 1905 each making a charge
Of conspiracy and involving separate
groups OF entries. When court con-
yened q, W. Tannahlli. chief counsel
for the defendants. moved that The
indictments 635 and G37. returned in
1907, also be consolidated for the
reason that they covered the same
general allegations made IN indIct-
ment 615 and affected ldentically the
same entries. This motion was sus-
tained by the court aud Kas without
objection from the prosecution.
Judge Dietrich IN determining the
number Of peremptory challenges adj
hered 10 the old law. holding that In
asmuch as the onense alleged had
been committed before the statute
which permitted tho defendants 10
challenges under each indictment,
was enacted. the defendants could
not avail themselves of It's proyis-
ions Counsel fo- the defendants en-
tered an exception 10 this ruling.
Attorney Tannahill claiming 10 chal-
lenges for each OF the indictments
consolidated upon the motion of A.
torney Gordon.
No Evidence ON Final Proofs.
The case may be substantially the
same ~ that presented by the prose-
cution at the Moscow trial. resulting
Ia the conviction OF Kester. Ke,ten-
back and Dwyer An appeal was car
rIed TO the circuit court al San Fran
cisco and a reversal procured upon
grounds similar to those In the eele-
brated Williamson and Briggs de-
cislons. The prescott on win not.
therefore. be permitted az this Sec
ond trial 10 introduce a large volume
OF evidence regarding final proofs. In
the decisions Il was held that an en-
tryman had a right 10 contract to sell
his claim before final proof and evil
denee OF such contracts did not es-
tabllsh conspiracy and show any
criminal intent. Evidence OF this
character must therefore be barred
out Of the present proceedings.
May Last Two Weeks.
Immediately upon swearing the
jury Judge Dietrich announced that
the i2 men would be locked up
throughout the trial. placing them in
the custody of the bailiIs. necessary
quarters having been previously ar
ranged for by United States Marshal
Hodgin. All other talesmen were ex-
eused until March /. indicating that
the court anticipated that the hear