Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-02-18
TAKE TESTIMONY
in LAND FRAUDS
WITNESSES STATE THAT HESTER
and kETTENBACH PREPAR.
ED ENTRY PAPERS.
Furnished Funds for Fcrs and EN-
pcnscs Of EatFymcR.

BOISE, Idaho. Feb. ls.T The frst
day OF actual trial In the case or
the United States against william n.
kettenbach, George H. Kester and
William Dryer, charged with con-
spiTacy to defraud the government 81
valuable timber land in north Idaho.
resulted In the sitting Of legal qnes-
lions and a definition BY Judge Diet
rich Of the bounds within which the
prosecution must conduct lts case.
the limits being established by the
celebrated Williamson decision. Ia
keeping with which the defendants
now on trial we're granted rehear-
ing after conviction by the circuit
court 81 appeals,
Although the court holds evil
dence regarding final proofs Is not
admissible, the government will be
permitted TO show acts Of the de.
PENDANTS In the furtheranee Of the
conspiracy subsequent 10 the filing
Of initial applications for entry BIZ
tho entrymen. In ether words. after
the existence OF prior agreements be-
tween the defendants and the appil-
eants is shown 81 will be competent
TO introduce such evidence for the
purpose OF establishing the charge
Of conspiracy.
The ruling il limited 10 matters
other than any conversation a. 10
Nhat the entrymen were induced to
swear to when offering final proof
before the land Office, or the con
tents OF the affidayIts made 81 such
lines. Ivan r. Cornell. the first Of
the entrymen whose claims are men,
toned In the indictments. testified
that he had made the entry at the
solicitation of Kester and for this
service was TO receive the sum OF
800; that Dryer located him ON the
land and that all his expenses. as
well as the money paid to the gov
eminent for the land. were advanced
from time to time BY kester
Drag Out Private History.
On cross examination. Attorney
Tannahili brought out all possible
points which would tend TO discredit
his testimony In the eyes OF the
jury.
A dramatic incident OF the day
was the confronting OF the witness
by Hiram Lewis who VAS summon
I'd Into tho court upon the request
Of the defense
Did you tell Mr. Lewis In the cor
ridor Of this building yesterday thai
shes4 defendants were ali -- aud
should be sent 10 the penltentiary2
Attorney TannahilI asked No. sir
did not, declared the witness.
During the examination BIZ Attor-
ney Gordon. Cornell. referring TO the
understanding about the entry.
stated: Il was TO make application
for It and after final proof l vas to
deed Ii to Kester.
Entrynan Was Rank Janitor.
Benjamin scheafer OF Lewiston
testified that he had been employed
as ianitor In the Lewiston Nation
al bank building. the Kester-Ketten-
bach institution. At the time he was
solicited b. Kester to make an en-
try.
Mr. Kester asked me. he said.
ii had ever taken up a timber
and stone claim. and ! said had not.
He said could make 500 and
told him all right. He agreed 70 pas
my expenses In going TO the land
with Mr. Dryer. and be did. except
Ing some little things / did not tell
him about On cross examination
seheafer stated that he knew he
had been under indictment aud also
knew thar he was not going to be
prosecuted. Closet interviews Nth
Ruick and others formed an import