The San Francisco call., 1910-06-30
u. S. GRAND JURY
INDICTS Witness
Charles P. Smell, Who Testified
Against E. B. Perrin, Ac-
cused of Perjury
Former Timber Cruiser Said to
Have Given False Evidence
in Trial

Charles p. SMELL the governments
chief witness in the Edward. b. Perrin
and John A Benson land fraud case.
was indicted by. the federal grand jury
yesterday or. the charge of giving per-
Jured evidence 10 connect Perrin with
a guilty knowledge Of the deal by
which Perrin was to add to the im-
mense fortune already gained in the
timber business.
The Indictment was brought on the
presentation Of evidence by United
states Attorney samuel Platt of the
Nevada district. acting under the spe-
cfal instructions, of Attorney General
Wiekersham-
Behind the entire affair is an inquiry
into the conduct of special Agent VIII
liam j. Burns la the land. fraud cases.
Burns put Smell on the government
pay roll, Perrin maintains. for the spe-
s-ial purpose Of manufacturing eNA-
dence for the prosecution.
After conviction Perrin offered Smell
S10.eee I'm settlement of claims for
services, proNiding smell would sign an
aHidavit to be used in securing .. par
don. smell was said at that time TO be
hard pressed j or money. he hac gust
lost a child and his wife was i'll. At
sny rate went TO. F,lagstaff, met
Perrin in a. MOTEL and signed the am
daVit now used against him. Perrin
sfeDped out of the room, as he then
said. to get the $4,000 and stepped
back 7gith=a sheriff armed. with war
rant Perrin.s charges of eNtoruon
failed. in court. h9lt not until Smell had
spent SIX months in jail.
smell was employed: as rllnoer
cruiser by. Perrin and Benson lin 1903 IN
locating the 2.00e acres involved in the
trial Perrin. who was d land specula-
tor bv profession owned a large area
in the Arizona mountains OF what is
there called timber land. He was later
instrumental $50 it is stated by Louis
p. Boardman. SneIrs attorney in hay-
ing congress place this land in reserve
When lands already located are Inc
cluded In a reserve, the owner. receives
In exchange scrip, which he LAYS on any
other free unoCcupled government
lands Perrin met Benson, and, it was
charged in the trial; agreed TO e&-
change this scrip for land that Benson
was to get under the state school re
serve. In addition he was to pay Ben
son Tor his services. A contract was
entered into between the two to this
effect and. Smell was employed to hunl
UP the heaviest timbered districts. i
was agreed that Benson. had the: tasl
OF putting dummies, Jii llltt 4oIlNiet-. E..
The Indictment filed with Judge Var
Fleet yesterday saws that Smell com
nl1tted perjury when he said that. h'
had. never. been. in Perrin'sz employ prior
10 the making of the fraudulent con
tract: that Perrin gave a 5000 .checl
+ TO Benson with the statement THAT tli:
+ was grease money to be used Will
land officials; that a map of the land,
was in existence at the time the con.
7ract was made instead of after: tha
Perrin got afraid and changed the. con.
tract 50 that Benson wonld place thu
dummies; that the contract used. agains
Perrin during the trial was the origina
nd not a later ones that Perrin did no
rely on Smell for legal advice.
Judge Van Fleet issued a bench war
rant against Smell, who is sin Fruitvale
and set the bail at $4,000.
Attorney BoaTdman says that Snel
is prepared to show in court that Per
rim was Justly convicted in the tria
which was set aside on a technica
flaw. He says that Perrin himself
made out applications for some of thr
dummies.