Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-03-17
LAND CASES
GIVEN HEARING
SUPREME COURT TAKES UP IN
DICTMENTS FIRST OF
THE WEEK.
Many Fine Points of Law Involved
and Court Takes Time To Consider
Motion TO Quash Proceedings Is
Made BY Defense.


The Mountain Home land fraud
cases were taken up in the United
States district court at Boise on the
1 9Th for the purpose of arraignment
of the defendants Mr.. and Mrs.
Daniels, Mr.. and Mrs. Colthorp, Mr..
HOWE and C. j. Griffith went over to
Boise on Monday for the purpose of
the arraignment. E. NJ. Wolfe is
the attorney for defendants Daniels,
Colthorp and Grifith. w. c. HOWE
is represented by the firm of Cananah
& Blake of Boise, and John II.
Garrett is represented by f. 7.
Dockery of Boise.
When the case was called Tuesday
morning it came up on the motion
of f. NJ. Wolfe to quash the indict-
ment for the reason that it had not
been returned into open court by the
grand jury The matter was briefly
argued, Mr. Wolfe submitting his
written brief, which the court took
under advisement The defendants
were then arraigned and their coun-
sci filed first Special Pleas in Bar,
by which tehy set up the fact that
the crime charged was committed
more than three years prior to the
finding of the Indictment. and for
that reason was barred by the statute
of limitation.
They also filed separate demurs,
by which they made the objection
that the indictment did not charge
facts sufficient to constitute a crime
or a violation of any law of the
United States.
In presenting the question of the
statute of limitation. Mr.. Wolfe con-
tended that the supreme court of the
United States had held in the case
of Britton VS.. United States that the
crime OF conspiracy was complete at
the time the party entered into the
unlawful agreement. and that the
other acts charged were no part of
the crime. The court in that case
used this language; THE offense
charged in the counts of this indict-
ment is a conspiracy. This offense
does not consist of both the con.
spiracy and the acts dohS tc effect
the object of the conspiracy, but Of
the conspiracy alone" If the doc
tTine of that case be sustained, ther
the fact that some of the overt acts
were committed within the tire,
years would not also bring the illega
agreement within that period whe,
in fact the unlawful combination
had been enteerd into more than
three years prior to the Indictment
Mr. Wolfe, also. however, announce,
to the court that since the question
had never been passed upon by thu
supreme court but had been passe'
upon by the district and circui
courts adverse to his contention, h
did not feel that the court would b
justified in sustaining his contentio
and stated to the court that he pre-
scented the matter in this form at thi
time for the purpose of preservin
his record, so that if the defendant
were eventually convicted. he woul
be able to present the question I
the supreme court of the Unite
States.
Taking up the demurrers. Nj
Wolfe announced that the only rel
and lasting benefit to his clients
this case lay in the objection While
he made to the Indictment. that the
did not charge facts sufficient to col
stitute a crime or a violation of an
law Of the United States. He sa.
that the indictment was as strong
the facts in the case would perm
and that he felt that if the demurre
were sustained the governme'
would feel called upon to aband'
the further prosecution Of the d
fendants
He attacked the suficiency Of Il
indictments on two grounds:
First-That since the indictmer
charged the defendants with co
spring to defraud the governme
of its title to desert lands it Won
be necessary to charge facts suffice
to show that the conspiracy conte
plated the doing of acts, sufficient
themselves, to divest the governme
of its title The Indictment charg
only preliminary operations; that
the original filings upon the des
lands. leaving ont of considerati
entirely all Of the steps necessary
perfect the entry and secure and 4
tain title from the governme
That being true, the indictment
not show nor charge any means
which the defendants could accC
plfsh the end or secure the title fir
the government: that If they W