Capital journal. (Salem, Or.) 1919-1980, 1921-11-16

Jackson ". Burke, Portland
tCharles Fl. Jennings, Portland ;
Robert G. Henderson, Chemawa;
George Beatty, Salem; #. L. Buker
! WaIdport: Charles J. Koom, Sa-
lem, and j. d. Clark, Salem.
After the jury panel had been
exhausted the court ordered spe-
cial venire of Is names After
practically exhausting this panel
also, the following men were fl
nally accepted: S. Dye, J. Fl. Buck,
f. P. Messing, Ed Blazier, A. H.
Dellar, Jackson v. Burke, Charles
H. Jennings, j d. Robb. e. J. Jae-
ger, A. G. Weber and William
Murray, all of Portland, and f. l..
Buker OF Waldport. Several Of
the men chosen are leading Port
land business men.
Four Salem people were called
as witnesses during the afternoon
Miss Jean DeWitte, a school
teacher; Miss Margaret Power, a
school teacher; Mrs. May Hunter,
and P. J Koont, an attorney
Before the first witness, Miss
De Witte, was allowed to testify,
all other witnesses were excluded
| from the court room by the judge
at the request of David Robinson
of Astoria and A. L. Miller Of Van
couver, Wash, attorneys for Todd.
Miss DeWitte said she borrow
ed $500 from the Ladd e Bush
bank and made check out for
that amount in favor of Byron and
delivered the check to Todd. Her
first contract, she said, described
the land she was to receive, but a
second contract she received at a
meeting in the high school on
January ~, 1920, did not describe
the land.
Miss Power told a similar story,
stating she had borrowed the nee
essary $500 from her parents at
Coupeville. Wash. Miss Power did
not attend the high school meet
ing, SO she had her original con-
tract. After introducing the con
tract in evidence. United States
Attorney Lester w. Humphreys
produced a photostatie copy OF the
patent to the land described in
Miss Powers contraet, showing
the claim had already been taken
up by Michael Hanrahan. All the
claims were supposed to be near
Seattle.
Mrs. Hunter said she was curi-I
GUS to know how Byron could OBJ
tain such choice timber land when
timber lands were supposed to be
50 scarce. and was informed by
Todd that Byron had a friend in
the land office at Washington, D
C.. who had considerable infln-
ence, and who would arrange for
the land.
All three of the women said
they believed Todd was honest in
his belief that Byron was an hon.
est and wealthy man.
Koontz testified that Byron was
represented to him by Todd as a
specialist In securing timber
lands and said Todd guaranteed to-
him that his claim would contain
100000 feet OF marketable
timber worth $50 per thousand,
Only two or three claims were
supposed to be left when Koontz
secured his claim, as was the case
when the women secured theirs
Koontz saw paper containing
the names of other timber land
buyers in Salem, he said. and no.
ticed that the sum of $40Q ap-
peared opposite each name. He
questioned Todd, he said, as to
why others had been charged $500
and he $500. Todd showed him
where 800 additiu.ul was wrfttcu
on the other side of the page, he
and then explained,
"That is what your humble SER
want gets"
Koontz said he told several Sa-
lem people Todd was making 500
out of each deal, In few days
the story reached Todd. and Todd
came to Koontz' office very much
excited over the story, the witness
said.
Byron's record, which will be
presented to the jury. follows:
April, 1918. sentenced to Is
months at McNeil's island and
fined $1,000 by Portland federal
court for similar deal in which
Frank f. Alley was involved. AL
ley jumped his bond and is still a
fugitive. In January, 1920, in
iicted with +. f. Comyns OF Seat
tie for similar offense and In
March. 1920. sentenced to serve
l5 months at MeNeil's island.
1omyns appealed his conviction,
but lost case last Monday in su-
preme court at Washington. D. c.
LAST spring Byron was indicted
again in Portland along with Johnt
" Todd. Since Byron has forfeit
ID his bond In Portland another
ieeret indictment against him in
he Seattle federal court has been
made public. Seven other men
ire included with him in the Seat
lie Indictment.