Capital journal. (Salem, Or.) 1919-1980, 1922-01-21

PARDON
IS SEEN
PAPER Byron Claimed
/ Kept Him Immune
4 From Court Action
Its Shown Jury

Portland, Or, Jan. 21.--The
hmm card which Carlos l.. By
I'M ex-convict and timber land
|raud promoter, carried in his
bOCket and which John w. Todd,
sr-salem school superintendent,
*aeclared to be as good as a pardon
VAS shown to the federal court
|jury here this morning by Carl
D Webb, Salem undertaken.
webb told the jury that Byron
told him no court in the land
would ever get him as he was the
*nan who had given Admiral Dew
ley the location of the Spanish
.feet in Manila harbor. Webb was
Hone Of Todd's witnesses. He testi-
*iied to buying three claims on
&Byron's representations. One of
hk prospective claims had been
patented several years previous,
The prosecutor proved.
G NJ. Shumway, superintendent
d schools at Vancouver, Wash,
H. W. Meyers and T. e. McCros-
key Of Salem were character wit
leSses.
Directed Verdict Refused.
Todd was given a set back in
bis fight against the government
Friday afternoon, when Judge
Bean refused to grant the request
his attorneys for a directed YER
dlct, Todd had hoped for a di-
iected verdict, and thus escape the
necessity of having to tell his
il0ry to a jury for the second
| time.
Judge A, L. Miller, Todd's at
'ofney, argued that when Todd
sOoK the checks mentioned in the
ildlctments to the bank and cash
g them he ceased to have domin-
ION or any interest in them.
Todd had nothing to do with
'ae check the moment it was
,ufned over to the bank" said
suuse Miller. "He was not re-
4 spOuslnle for it passing through
lae mails. Use of the mails must
y proved to be part of the
Eaeme. The most that can be
,slu s.l is that Todd had a legal liza
gi'y by endorsing the checks,
y. .u' all control over them passed
,lOm him when he surrendered
'nen to the bank"
!, Humphreys Disagrees.
!, united States Attorney Lester
W., ". humphreys disagreed thor
sSeAly with Judge Miller. Banks
be said.
q, 'uuge Bean upheld the United
''a.es attorney in his opinion.
ine government completed it's
saa ,sss aoout 4 o'clock Friday after
sOOn, After the motion for a di-
d..' ,,'eu verdict was disposed Of the
n. 'ase requested postponement of
h.a 'rlal until today, alleging it
- ~ not anticipated the govern
~ ea' would rest So suddenly, and
:. w lalled to subponea witnesses
= friday. The Judge indicated
So Sire TO have Todd take the
ta,s. u and let the other witnesses
,ai w' out finally consented and
'Slourned court.
l,0ssibily some of the most dam
M ss,ls testimony given against
i,,ss r curing the progress of this
!, was given Friday afternoon
/, eeorge N. Ausman, who said
!, invested $1,000 and lost it. Aft
ana. Ausman paid his money he
AIes AIssss'ed to Todd that he write
=. letter whenever the claim
.s. ready and not bother to tele-
=, as the service on his farm
n. llne was unsatisfactory, the
p.ss a said. Ausman charged
=, sa With telling him they were
~ using the mails.
a, ne defense attempted to quail
,...s sasman as an expert on school
r,ss.. rs and then asked him if it
lsssss 81 MS experience that school
"'s made poor business men.
Savs Teachers Truthful.
IN sman answered in the mega
,;ss..,H ne said he had had con-
l,..sA experience with school
~ as he had married one,
served for several years on
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